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02-14-00 agenda• CITY OF RICHFIELD, MINNESOTA MONDAY, FEBRUARY 14, 2000 REGULAR CITY COUNCIL MEETING 7:00 P.M. RICHFIELD CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE AGENDA INTRODUCTORY PROCEEDINGS 0 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF (1) SPECIAL CITY COUNCIL MEETING OF JANUARY 8, 2000; (2) SPECIAL CITY COUNCIL MEETING OF JANUARY 24, 2000 (3) SPECIAL CITY COUNCIL MEETING OF JANUARY 24,2000; (4) REGULAR CITY COUNCIL MEETING OF JANUARY 24, 2000; (5) SPECIAL CITY COUNCIL MEETING OF JANUARY 27, 2000; (6) SPECIAL CITY COUNCIL MEETING OF JANUARY 28,2000; AND (7) REGULAR CITY COUNCIL STUDY SESSION OF FEBRUARY 7, 2000 PRESENTATIONS 1. PRESENTATION OF PROCLAMATION DESIGNATING CENSUS 2000 A PRIORITY FOR THE CITY OF RICHFIELD STAFF REPORT NO. 36 2. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR FINANCIAL REPORTING TO FINANCE MANAGER CHRIS REGIS ON BEHALF OF GOVERNMENT FINANCE OFFICERS ASSOCIATION STAFF REPORT NO. 37 3. PRESENTATION OF SUMMARY OF CUSTOMER SATISFACTION SURVEYS DISTRIBUTED TO PARTICIPANTS OF RICHFIELD OLDER ADULT RECREATION PROGRAMS STAFF REPORT NO. 38 INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 5. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 6. 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 SODERHOLM COMMISSION COMPANY TO AUCTION OFF REMAINING RICH ACRES GOLF COURSE INVENTORY S.R. NO. 39 B. CONSIDERATION OF APPROVAL OF FOUR PROFESSIONAL SERVICES AGREEMENTS FOR APPRAISAL WORK FOR 77TH STREET, PHASE III, UNDERPASS PROJECT S.R. NO. 40 --C. CONSIDERATION OF APPROVAL OF TEN PROFESSIONAL SERVICES AGREEMENTS FOR 66TH STREET AND TRUNK HIGHWAY 77 INTERCHANGE PROJECT S.R. NO. 41 D. CONSIDERATION OF APPROVAL OF AGREEMENT EXTENSION WITH RYAN COMPANIES US TO PROVIDE PLANNING AND DEVELOPMENT ASSISTANCE IN PENN AVENUE AND 66TH STREET AREA S.R. NO. 42 E. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING EXECUTION OF HENNEPIN COUNTY ROADWAY MAINTENANCE AGREEMENT FOR RELOCATION OF TRAFFIC SIGNAL AT 67TH STREET AND NICOLLET AVENUE S.R. NO. 43 F. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT TO G.L. CONTRACTING, INC. FOR RAISING SELECTED TRAILS AT WOOD LAKE NATURE CENTER IN AMOUNT OF $76,439.95 S.R. NO. 44 G. CONSIDERATION OF APPROVAL OF PURCHASE OF NEW TORO GROUNDSMASTER 580D MOWER FROM MTI DISTRIBUTING, INC. IN AMOUNT OF $70,167.52 S.R. NO. 45 H. CONSIDERATION OF APPROVAL OF PURCHASE OF DUMP BODY AND APPURTENANCES FOR EXISTING TRUCK FROM J-CRAFT, INC. IN AMOUNT OF $38,536.92 S.R. NO. 46 CONSIDERATION OF APPROVAL OF THE FOLLOWING 2000 LICENSE RENEWALS: • AIRPORT & AIRLINE TAXI: 45 VEHICLES • AIRPORT BOWL: FOOD ESTABLISHMENT, BOWLING ALLEY, ON-SALE 3.2 MALT LIQUOR, FOOD-VENDING MACHINE • B & D'S CONVENIENCE PLUS: SOFT DRINK; ON-SALE 3.2 MALT LIQUOR, FOOD ESTABLISHMENT; CIGARETTE RETAIL; ICE VENDING • BOONE TRUCKING, INC.: GARBAGE HAULER, 1 VEHICLE • BROWNING-FERRIS, IND.: GARBAGE HAULER, 16 VEHICLES • CITY OF RICHFIELD: GARBAGE HAULER, 1 VEHICLE • DAVANNI'S PIZZA: SOFT DRINK, FOOD ESTABLISHMENT, FOOD VEHICLES, ON-SALE 3.2 MALT LIQUOR • DICK'S SANITATION SERVICE: GARBAGE HAULER, 3 VEHICLES • EDDIE'Z SOUTHDALE CAR WASH: CAR WASH, CIGARETTE RETAIL, FOOD-RETAIL, SOFT DRINK • EL JALAPENO: SOFT DRINK, CIGARETTE RETAIL, FOOD ESTABLISHMENT, ICE VENDING, FOOD SUPPLEMENTAL; OFF-SALE 3.2 MALT LIQUOR • FOOD N FUEL: SOFT DRINK, FOOD SUPPLEMENTAL, OFF SALE 3.2 MALT LIQUOR ;"CIGARETT-E RETAIL-; FOOD ESTABLISHMENT • FRENCHMAN'S INC.: CIGARETTE RETAIL, ON-SALE 3.2 MALT LIQUOR, FOOD ESTABLISHMENT, SOFT DRINK • GODFATHER'S PIZZA: SOFT DRINK, FOOD ESTABLISHMENT, FOOD VEHICLES, ON-SALE 3.2 MALT LIQUOR • KEITH KRUPENNY & SON DISPOSAL: GARAGE HAULER, 1 VEHICLE • KENNEY'S MARKET: FOOD SUPPLEMENTAL, FOOD ESTABLISHMENT, OFF-SALE 3.2 MALT LIQUOR, ICE VENDING, CIGARETTE RETAIL, COFFEE • KINHDO RESTAURANT: FOOD ESTABLISHMENT, SOFT DRINK, ON- SALE 32 MALT LIQUOR • KWIK WAY FOODS: OFF-SALE 3.2 MALT LIQUOR, CIGARETTE RETAIL, FOOD ESTABLISHMENT • PAUL'S RENTALS & SALE: TRAILERS AND TRUCKS RENTAL • RAINBOW FOODS: FOOD ESTABLISHMENT, CIGARETTE RETAIL, OFF- SALE 3.2 MALT LIQUOR, FOOD SUPPLEMENTAL • RANDY'S SANITATION, INC.: GARBAGE HAULER, 12 VEHICLES • RICHFIELD-BLOOMINGTON HONDA: MOTOR VEHICLE DEALER • RICHFIELD SENIOR SUITES: ROOMING HOUSE • RUBBISH SERVICE, INC: GARBAGE HAULER, 2 VEHICLES • SANDY'S TAVERN: CIGARETTE RETAIL, FOOD ESTABLISHMENT, POOUBILLIARD COIN-OPERATED, ON-SALE 3.2 MALT LIQUOR, SOFT DRINK, OFF-SALE 3.2 MALT LIQUOR • SHORT STOP SUPERETTE: OFF-SALE 3.2 MALT LIQUOR, CIGARETTE RETAIL, FOOD ESTABLISHMENT, FOOD SUPPLEMENTAL • SPORTMART: FIREARMS DEALER • SUBURBAN TAXI CORPORATION: 44 VEHICLES • SUPERAMERICA #4015: CIGARETTE RETAIL, FOOD SUPPLEMENTAL, FOOD ESTABLISHMENT, SOFT DRINK, OFF-SALE 3.2 MALT LIQUOR • SUPERAMERICA #4186: CIGARETTE RETAIL, FOOD SUPPLEMENTAL, FOOD ESTABLISHMENT, SOFT DRINK, OFF-SALE 3.2 MALT LIQUOR • SUPERAMERICA #4188: CIGARETTE RETAIL, FOOD SUPPLEMENTAL, FOOD ESTABLISHMENT, SOFT DRINK, OFF-SALE 3.2 MALT LIQUOR • SUPERAMERICA #4191: CIGARETTE RETAIL, FOOD SUPPLEMENTAL, FOOD ESTABLISHMENT, SOFT DRINK, OFF-SALE 3.2 MALT LIQUOR • TOM THUMB: FOOD SUPPLEMENTAL, OFF-SALE 3.2 MALT LIQUOR, FOOD ESTABLISHMENT, SOFT DRINK, CIGARETTE RETAIL • TOTAL SANITATION COMPANY: GARBAGE HAULER, 2 VEHICLES • VASKO RUBBISH REMOVAL, INC.: GARBAGE HAULER, 1 VEHICLE • NINA RESTAURANT: FOOD ESTABLISHMENT, SOFT DRINK, ON-SALE 3.2 MALT LIQUOR • WALLY MCCARTHY'S OLDS, INC.: MOTOR VEHICLE DEALER • WALSER BUICK: MOTOR VEHICLE DEALER • WASTE MANAGEMENT-SAVAGE: GARBAGE HAULER, 26 VEHICLES PUBLIC HEARINGS 7. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT TO CITY CODE, SECTION 840.01., REGARDING CHANGING CLOSING TIME OF MOST CITY PARKS FROM 11 P.M. TO 10 P.M. STAFF REPORT NO. 47 8. PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT AT 6244 CEDAR AVENUE TO ALLOW EXTENSION OF EXISTING TELECOMMUNICATIONS TOWER FROM 90 TO 105 FEET STAFF REPORT NO. 48 9. PUBLIC HEARING REGARDING EXTENSION OF TEMPORARY CONDITIONAL USE PERMIT FOR VFW CLUB TO OPERATE AT 6401 LYNDALE AVENUE THROUGH DECEMBER 31, 2000 OR UNTIL SUCH TIME THAT VFW MOVES INTO NEW FACILITY, WHICHEVER IS SOONER STAFF REPORT NO. 49 10. PUBLIC HEARING REGARDING FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR PHASE II OF LYNDALE GATEWAY PLANNED UNIT DEVELOPMENT PLAN STAFF REPORT NO. 50 11. PUBLIC HEARING REGARDING AMENDED PLANNED UNIT DEVELOPMENT PLAN FOR LYNDALE GATEWAY PROJECT TO ALLOW RECONFIGURATION OF SITE STAFF REPORT NO. 51 12. PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE AUTHORIZING SALE OF CITY-OWNED REAL PROPERTY AT 7644 GARFIELD AVENUE TO RICHFIELD SENIOR HOUSING, INC. FOR LYNDALE GATEWAY REDEVELOPMENT PROJECT STAFF REPORT NO. 52 0 PROPOSED ORDINANCES 13. CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE AUTHORIZING SALE OF CITY-OWNED REAL PROPERTY ADJACENT TO 6225 BLAISDELL AVENUE STAFF REPORT NO. 53 14. CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE PROVIDING EXPENDITURE OF FUNDS FROM SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS STAFF REPORT NO. 54 15. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT RELATING TO CITY COUNCIL SALARIES STAFF REPORT NO. 55 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 1.6. CONSIDERATION OF MAYOR'S APPOINTMENT OF HRA COMMISSIONER TO FILL UNEXPIRED TERM ENDING OCTOBER 2004 STAFF REPORT N0.56 AIRPORT BUSINESS 17. AIRPORT STATUS REPORT CORRESPONDENCE 18. LEGISLATIVE REPORT COUNCIL CHOICE 19. COUNCIL DISCUSSION ITEMS 20. CLAIMS AND PAYROLLS 21. 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. 0 • AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT t4 COUNCIL MEETING DATE: a..: £ FEBRUARY 149 2000 ADMIN. REPORTS & OTHER BUSINESS 16 56 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASST. NAME, TITLE REPORT PRESENTER: MARTIN J. KIRSCH, MAYOR NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER SIGNATURE \ / v I ITEM FOR COUNCIL CONSIDERATION: Consideration of Council confirmation of Mayor's appointment of Housing and Redevelopment Authority Commissioner to fill an unexpired term due to a resignation.. 1. RECOMMENDED ACTION: By motion: Confirm the Mayor's appointment of an HRA Commissioner to fill an unexpired term ending in October 2004. II. BACKGROUND On January 10, 2000 Russ Susag announced his resignation as a Housing and Redevelopment Authority Commissioner. His final HRA meeting was January 18, 2000. This now leaves a vacancy on the HRA. The unexpired term ends in October 2004. • III. BASIS OF RECOMMENDATION A. POLICY • Under state law, the Mayor appoints HRA Commissioners subject to confirmation of the City Council. The Mayor has indicated he will make an appointment to the HRA to fill the unexpired term at the January 24, 2000 Council meeting. 0214hra.doc B. CRITICAL ISSUES • An appointment to the HRA needs to be made to fill the unexpired term due to the resignation of Russ Susag. • To ensure a quorum at future meetings, the Council should take action on this item on February 14. C. FINANCIAL • N/A D. LEGAL • The City Attorney will be available at the meeting to discuss this matter. IV. ALTERNATIVE RECOMMENDATION(S) • The Council could continue the appointment confirmation to a future Council meeting. • The Council could decide not to confirm the Mayor's appointment. • If the Council does not approve the Mayor's appointment, a quorum may not be present at future HRA meetings. V. ATTACHMENTS None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. 0 • AGENDA SECTION: PROPOSED ORDINANCE AGENDA ITEM # 15 REPORT # 55 STAFF REPORT CITY COUNCIL MEETING W FEBRUARY 14, 2000 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASST. NAME, TITLE REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE .00 DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: 13 SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of ordinance amendment relating to City Council salaries. 1. RECOMMENDED ACTION: By motion: Approve first reading of an ordinance amendment relating to City Council salaries and schedule the public hearing and second reading for March 13, 2000. III. BACKGROUND At the February 7, 2000 Study Session, the City Council requested that a proposed ordinance amendment to increase Council salaries by 3% be prepared for consideration at the February 14, 2000 City Council meeting. The 3016 increase would adjust the Mayor's salary to $8,235 per year and Council Member salaries to $6,392 per year. • 0214salaries.doc III. BASIS OF RECOMMENDATION A. POLICY • Chapter 11, Section 210 of the City Code establishes the salaries of the City Council and provides that the salaries of the Council Members be reviewed by December 1 of each year in which an election is held. • The City Charter stipulates that City Council salaries may be adjusted only by ordinance. B. CRITICAL ISSUES • The City Council adopted Policy Statement No. 1 on July 13, 1987. The policy statement provides that in years a municipal election is to be held, the Council shall establish a revised pay schedule for Council Members and the Mayor. The policy also provides that the amount of increase granted to employees in the year subsequent to the previous salary adjustment would be used as a guideline. The salary increase for employees in the General Services and Management pay plans was 3% in 1998, 3% in 1999 and 3% in 2000. I C. FINANCIAL • Preparation of the 2000Revised/2001 Proposed budget will begin in a few months. The Council's decision on a salary adjustment will be necessary to provide adequate funding, should an adjustment be approved. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could defer action on this item to a future meeting. However, budget preparation timelines should be considered. • Do not approve first reading of the ordinance and take no further action. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. BILL NO. 15-cl AMENDMENT OT SECTION 210 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 210 of the ordinance code of the City of Richfield is hereby amended by amending Subdivisions 1 and 2, Subsection 210.01 to read as follows: Subdivision 1. Mayor. The salary of the mayor is $7,995 $8.235 per year. Subdivision 2. Council. The salary of a member of the council is $606 $6.392 per year. Passed by the City Council of the City of Richfield, Minnesota this day of , 2000. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk AGENDA SECTION: PROPOSED ORDINANCE AGENDA ITEM # 14 REPORT # 54 • i L.,? sa... 4- REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE REPORT PRESENTER: STAFF REPORT CITY COUNCIL MEETING FEBRUARY 14, 2000 DEPARTMENT DIRECTOR REVIEW REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER 1 NAME, TITLE ?3IGNATURE/ 1 ITEM FOR COUNCIL CONSIDERATION: First reading of transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. 1. RECOMMENDED ACTION: By Motion: Approve first reading of the transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements and schedule public hearing and second reading hearing for March 13, 2000. II. BACKGROUND • At the December 13, 1999 City Council meeting, the City Council authorized $487,000 of Special Revenue Funds for improvements to several City parks and other City capital improvements in 2000. In addition, the 2000 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. 02142000FirstReading l4-1 0 III. _ BASIS OF RECOMMENDATION A. POLICY • City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds used for capital improvements must be authorized by ordinance. • This process provides for public input through a public hearing. B. CRITICAL ISSUES • 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 2000 so that the capital projects can be initiated on a timely basis, completed and the funds expended. • In order for the timely start of the projects under consideration in the Capital Improvement Budget, it is suggested that the first reading of the transitory ordinance take place on February 14 and a public hearing and second reading be completed at the March 13, 2000 City Council meeting. C. FINANCIAL • While the total 2000 Capital Improvements Budget (CIB) includes total budgeted expenditures of $33,054,000 the portion of CIB concerning proposed funding from the Special Revenue fund is $ 487,000 as shown below: Playfeatures $ 120,000 Community Garden Relocation 10,000 Park Building Replacement - Monroe Park 100,000 Ice Arena Second Sheet (repayment) 100,000 Public Safety - 800MHZ Radio System 107,000 Public Safety - Remodel Detention Facility 50,000 • 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 • The City Charter requires that a transitory ordinance be used to authorize the expenditure of Special Revenue funds. 0 IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could postpone the first 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 special revenue in the CIB. V. ATTACHMENTS I /q'z • An ordinance providing for the expenditure of money from the Special Revenue Fund for certain capital improvements. VI. PRINCIPAL PARTIES EXPECTED AT MEETING Steve Devich, Administrative Service Director Chris Regis, Finance Manager 0 ly-3 0 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: Playfeatures $ 120,000 Community Garden Relocation 10,000 Park Building Replacement - Monroe Park 100,000 Ice Arena Second Sheet (repayment) 100,000 Public Safety - 800MHZ Radio System 107,000 Public Safety - Remodel Detention Facility 50,000 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 day of , 2000. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • PROPOSED AGENDA SECTION: ORDINANCES AGENDA ITEM # 13 REPORT # 53 ,` =J STAFF REPORT COUNCIL MEETING DATE: FEBRUARY 14, 2000 REPORT PREPARED BY: JULIE URBAN, ZONING ADMINISTRATOR . NAME, TITLE BRUCE PAMLBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE n DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: First reading of a transitory ordinance authorizing the sale of property adjacent to 6225 Blaisdell Avenue. 1. RECOMMENDED ACTION: By Motion: Conduct first reading of a transitory ordinance authorizing the sale of City-owned real property as described in the attached ordinance (adjacent to 6225 Blaisdell Avenue) and set a public hearing and second reading of the transitory ordinance for March 13, 2000. II. BACKGROUND In the fall of 1999, the owner of 6225 Blaisdell Avenue requested a vacation of excess right-of-way (approximately 15 feet by 130 feet) located to the north of his property. A right-of-way vacation was processed and approved by the City Council on November 22, 1999. At the time of recording, Hennepin County determined that the property was not right-of-way to which the City held an easement but property to which the City holds title. The only way to transfer the property is to sell it by transitory ordinance. III. BASIS OF RECOMMENDATION 0214BIaisdell 1,3-/ A. POLICY • The owner of 6225 Blaisdell Avenue is still interested in the property. He is planning to build an addition onto his home on that side of his house. • The Public Works Department has no need for the property. They will retain a twelve-foot area behind the curb for the standard City boulevard. B. CRITICAL ISSUES • NA C. FINANCIAL • The City Assessor has placed a value of $500 on the property. The City apparently obtained title to the property from the Minnesota Department of Transportation (MnDOT). The City paid nothing for the property and MnDOT does not expect reimbursement for the original cost of purchasing the property. The City will reimburse the buyer for the original $350vacation application fee. D. LEGAL • The City Charter requires the City to sell City-owned property by transitory ordinance. IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request for a sale of property at first reading. V. ATTACHMENTS • Transitory Ordinance • Survey showing property to be sold (Attachment A) I VI. PRINCIPAL PARTIES EXPECTED AT MEETING John Hawkins, owner of 6225 Blaisdell Avenue 0 BILL NO. /3--2 TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA ADJACENT TO 6225 BLAISDELL AVENUE THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The following described real property located in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of, and conveyed by the City as herein provided: A Parcel of land lying North of the north line of Lot 10, Block 1, Betcher's Addition to the City of Richfield described as follows: Beginning at the Northwest corner of said Lot 10; thence northerly along the northerly extension of the west line of said Lot 10 a distance of 20.50 feet, thence southeasterly to a point 10.00 feet north of the northeasterly corner of said Lot 10 as measured along the northerly extension of the east line of said Lot 10; thence south along last described line 10.00 feet to the northeast corner of said Lot 10; thence west along the north line of said Lot 10 a distance of 133.63 feet to the point of beginning. Section 2: The Mayor and City Manager are hereby authorized to take all actions as required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Passed by the City Council of the City of Richfield, Minnesota this day of , 2000. Martin J. Kirsch, Mayor ATTEST: Is Thomas P. Ferber City Clerk W. BRUVTN LAND SUR 8030 Cedar Avenue South Suit, 48 Bloomington, MN 55425 Phone (612) 854-4055 Survey For: Fax (612) 854-4268 John- Hawkins 132.2 G TO BE :......... x 132.4 T.C. • V ?EYING2 INC WOODROW A. BROWN, R.LS. President _ _13-3 NORTH ATTACHMENT A 131.0 IC x 31.2 T. C. FROM BACK OF CURB b N W ci Scale: "=30' 1 :D Xin 1 3 . ./ ? tZLI (ao _ 133.E 133.6::: Q 25.0 28-2//// p /1 1 /2 StoryFrame CO E #6225 LOT 1 0 L_ V 1 c°0 E IX o LLJ ? . 133.2 , (n ? 8. 30* Maple 00 ? s 0 l(b LOT 9 ' ^T r< N C4 J L_ V 1 v Cox o;. M M 32.6 i i 4q 131.5 J - 28.3 133, s 133.88 1 Story Brick 1 /1 T u #6229 L_ V 1 v 0 Denotes Iron Monument. T.C.= Top Curb (P- = Centerline NOTE: No Search Was 130-Ox Denotes Spot Elevation Made For Any PROPERTY DESCRIPTION Easements. 63-99 60/71 Lot 10 and the northerly 20 feet of Lot 9, Block 1, BETCHERS ADDITION, Washington County, Minnesota. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. W. BROWN LAND SURVEYING, INC. Dated: June 15, 1999 Woodrow A. Brown, R.LS NO. 15230 1 of 1 AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 12 REPORT # 52 • J STAFF REPORT M COUNCIL MEETING: FEBRUARY 14, 2000 KATIA MEDVETSKI, REPORT PREPARED BY: REDEVELOPMENT SPECIALIST NAME, TITLE REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of a transitory ordinance authorizing the sale of City-owned real property at 7644 Garfield Avenue to Richfield Senior Housing, Inc. for the Lyndale Gateway Redevelopment Project. 1. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of a transitory ordinance authorizing the sale of City- owned real property at 7644 Garfield Avenue to Richfield Senior Housing, Inc. for the Lyndale Gateway Redevelopment Project. II. BACKGROUND On October 18, 1999, the Richfield Housing and Redevelopment Authority (HRA) entered into a Contract for Private Redevelopment (Contract) with Richfield Senior Housing, Inc. (RSH), for redeveloping a portion of the Lyndale Gateway Project. A portion of a single family residential lot, formerly at 7644 Garfield Avenue, is required for the redevelopment project since part of the RSH building footprint encroaches upon the lot. This lot was purchased by the City from the HRA for a nominal fee (believed to be $1.00) in 1987 to accommodate a screenwall, landscaping buffer, and loop street. This lot had not been identified earlier in the transaction with RSH because it was incorrectly deleted from the City's plat maps after it was purchased by the City. BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME TITLE SIGNATURE 0214Gar7644 /9-) The land sale transaction cannot take place until the effective date of the transitory ordinance, or March 22, 2000. An Access Agreement was approved by the Council on January 18, 2000 to allow the Developer to enter the property and undertake construction is activities prior to the time in which the transitory ordinance is effective. The attached survey indicates that the subject parcel 8 is approximately 8939 sq. ft. With this proposed transaction, the City would deed the entire parcel to RSH. RSH would deed back to the City the south portion of some 5082 sq. ft. The north portion of some 3857 sq. ft. would be retained by RSH. BCL Appraisals, Inc. has placed a value on this parcel of $16,000 ($4.15/sq. ft.). [Recently the City Council approved the sale of 7645 Lyndale Avenue to RSH. The appraised value of that parcel was set at $156,700.] The City will receive $172000 for the Lyndale and Garfield parcels. RSH will pay $37,100 in cash at closing. This is the amount which is feasible under their budget. The balance will be covered by a collateral agreement involving the HRA and the City. The agreement will provide for tax increment generated by the RSH project to be applied to the balance after other pledged tax increment payments are made. III. BASIS OF RECOMMENDATION A. POLICY • Public hearing and second reading of the transitory ordinance for the sale of City-owned real property is consistent with City Ordinance. B. CRITICAL ISSUES • The land sale transaction will occur after the transitory ordinance effective date and not sooner than March 22, 2000. C. FINANCIAL • No significant financial issues as the proposal provides for the City to receive funds equal to the land value. D. LEGAL • No significant legal issues. I IV. ALTERNATIVE RECOMMENDATION(S) • Delay the public hearing and second reading of the transitory ordinance, with consequences. V. ATTACHMENTS • Transitory Ordinance • Map of subject property VI. "PRINCIPAL PARTIES EXPECTED AT MEETING 0 NA 1a-Q. BILL NO. is TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY-OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA 7644 GARFIELD AVENUE The City of Richfield Does Ordain: Section 1: The following described real property located in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of, and conveyed by the City as herein provided: Lot 8, Block 7, Sunset Terrace Addition, Hennepin County, Minnesota, subject to an easement for 77th Street, and having a street address of 7644 Lyndale Avenue South, Richfield, Minnesota Section 2: The Mayor and City Manager are hereby authorized to take all actions as required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Passed by the City Council of the City of Richfield, Minnesota this day of Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • 0214Gar7644 0 • • JH1A-eb-eUUU lib: 1u r KU(')- H i rru b1C-bb5-1000 Iu:b1G bbl b7i`f r.uuG ciuc X01 1 f l ? t O I W 105.60 z _? $ nN 10,488 sq.ft. t9i 0 ` W 3,857 sq.ft.--, 124.52 7 - R ° 16.00 PROPOSED PROPERTY LINE-1 ` t \L?211.99 R°3 1 116.03 j _ ` SJ 116.07 L ° 42.88 wa 8.59 7,536 sq•ft. g 5,082 sq.ft. 122.65124.30 t 1 -.N ._ ..._...W-77Tp -STREET 4 Scale in feet 0 40 80 120 F/4*05/00-073AWASCI/AW AGENDA SECTION: PUBLIC HE_.ART_NGS AGENDA ITEM # 11 REPORT # 51 • J REPORT PREPARED BY: REPORT PRESENTER: STAFF REPORT COUNCIL MEETING: FEBRUARY 149 2000 DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JULIE URBAN, ZONING ADMINISTRATOR NAME, TITLE BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME TITLE II ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding an amended planned unit development plan for the Lyndale Gateway project to allow a reconfiguration of the site. I. RECOMMENDED ACTION: By Motion: Conduct and close the public hearing and approve an amended planned unit development plan for the Lyndale Gateway project to allow a reconfiguration of the site with the stipulations listed in the Legal section of the Basis of Recommendation. Note: Approval of a planned unit development plan amendment requires four affirmative votes. 0 111. BACKGROUND On September 13, 1999, the City Council approved a planned unit development (PUD) plan for the Lyndale Gateway development. The PUD plan consists of three phases: phase I includes 160 units of senior housing and office space; phase II includes retail and office space; and phase III includes 40 townhome units. CSM Corporation has secured Walgreen's as a tenant in phase II of the Lyndale Gateway PUD. Walgreen's has agreed to be a tenant on the condition that the site plan be redesigned according to their prototype specifications. 0214Lyndale1 i II The changes requested by Walgreen's are as follows: • Reorient the entrance from the northeast to the southeast corner to address the primary intersection of 77th Street and Lyndale Avenue. • Reorient the drive-through from the west to the north side of the building. • Provide a double row of parking on the south side of the building in addition to the double row of parking on the east side of the building. III. BASIS OF RECOMMENDATION A. POLICY • Michael Schroeder, Hoisington Koegler Group, reviewed the plan changes and made several design suggestions to help make the revised site plan more consistent with the original concept for the area. The developer has incorporated the following suggestions into the plan: • create a pedestrian connection between the two buildings, • make a direct pedestrian connection from Lyndale Avenue to the Walgreen's entrance, • use a plaza-like design to emphasize this connection, • create a second streetfront adjacent to the Walgreen's building on the east side by incorporating street trees, wide sidewalk, • and street lights, and ?he use real windows in the building elevations. inclusion of a Walgreen's in the development accomplishes the redevelopment concept goal of providing neighborhood retail. B. CRITICAL ISSUES The three PUD phases are intertwined and each phase is dependent. upon the other occurring. If phase II does not occur or is delayed by the inability to secure Walgreen's as a tenant, the first and third phases may be delayed or cancelled. C. FINANCIAL • NA D. LEGAL • Approval of the PUD plan amendment would be contingent upon the following stipulation: 1. That the design changes recommended by Michael Schroeder, from Hoisington Koegler Group, be incorporated into the final development plan. • The Planning Commission reviewed the proposed change on January 25, 2000 and recommended unanimously to approve the amendment. //-C?- Notice of the public hearing was published in the Sun-Current and mailed to property owners and occupants within 350 feet of the subject property. 0 1 IV. ALTERNATIVE RECOMMENDATIONS) • Deny the request for a PUD plan amendment with a finding of fact that the proposed design is inconsistent with The Lyndale Gateway. A Redevelopment Plan and Study and therefore the Comprehensive Plan. V. ATTACHMENTS • Approved PUD Plan, dated 9/13/99 (Attachment A) • Proposed PUD Plan, dated 1/13/00 (Attachment B) VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Murray Kornberg, CSM Corporation • Gary Tushie, Tushie-Montgomery & Associates 0 01 N N J N a m m mA? 0 ?? ?m 0 zm u C oam L mZm 3?,0 zd? Z a m> o zr d mom= ?j ,rte .1,R. a ?r . 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YM11LU tl[ DO•rE 1 2y rM0 _L TurgFE6 w SiODPS > !EL ELT L -P9 h•N wrv 1 LWL> w YI•LL •vr 1 .R ITT A •TTPC L' sT .L _. . w -1 e P•RRrgG Lor L• •R1 1 TO AT NA-13 uNLE55 OTUlgwrlF NOTED 15rt[ OP[e1TrN0 NOT[S 1 T wDCrKN P.R<rw, «rLL >E . wE?4rIX•riNG 5111ETS 3 L Pux w SPK[ STPrPPrIK -ILL![ (i6 AlED wiiD -- -Pf KE n•PCirKS ALURI(^N AVENUE u.) • PROPOSED PUD PLAN 0 0 AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 10 REPORT # 50 STAFF REPORT COUNCIL MEETING: FEBRUARY 149 2000 w REPORT PREPARED BY: JULIE URBAN, ZONING ADMINISTRATOR NAME, TITLE REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: TIRE ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding a final development plan and conditional use permit for Phase II of the Lyndale Gateway planned unit development plan. 1. RECOMMENDED ACTION: By Motion: Conduct and close the public hearing and by motion approve the final development plan and conditional use permit for phase II of the Lyndale Gateway planned unit development plan with the stipulations listed in the Legal section of the Basis of Recommendation. Note: Approval of the final development and conditional use permit requires four affirmative votes. • IL BACKGROUND The City Council approved a planned unit development (PUD) plan for the Lyndale Gateway development on September 13, 1999. Phase I of the PUD plan consists of 160 units of senior housing and office space and Phase III of the PUD consists of 40 townhome-style housing units. Phase II consists of a drug store of 15,120 square feet on the south end of the site, an office/retail building of 28,903 square feet on the north end, and 220 total parking stalls. 0214lyndale2 l® /CSM Corporation is requesting approval of the final development plan and conditional use permit for phase II of the Lyndale Gateway PUD plan. III. BASIS OF RECOMMENDATION A. POLICY • The proposed uses are consistent with the Comprehensive Plan designation of Community Commercial/Office. • The proposed final development is generally consistent with the design guidelines of The Lyndale Gateway. A redevelopment plan and study. • Approval of the FDP/CUP will enable all three phases of the PUD to continue forward. B. CRITICAL ISSUES • Building Design: The north building is designed to give the appearance of separate but integrated buildings. The primary entrances to the building are on the west and south sides, although the design on Lyndale does not look like it's a back entrance. The central portion of the building has the appearance of a two-story structure. Although it will not be used as a second story at this time, the, building will be able to structurally accommodate a second story in the future. The design of the drug store building is designed to coordinate with the other buildings in the PUD and is not that of a corporate prototype. • Parking and Access: 220 parking stalls are. provided for the development for a ratio of five stalls per 1,000 square feet. The City requires a ratio of four spaces per 1,000 square feet or 172 stalls. Full access is provided off of 76th Street. Right-in, right-out access is provided from 77th Street and Lyndale Avenue. Left-in access is also available on Lyndale Avenue. Dedicated turn lanes will be constructed on both 77th Street and Lyndale Avenue. 76th Street will be converted to three lanes for one block on either side of Lyndale Avenue with a dedicated left turn lane in the center lane. Accommodations are made for pedestrian access, bicycle storage and transit usage. • Landscaping: Significant landscaping will be provided including a bermed buffer yard along the west side of the parking lot. The developer will attempt to preserve some of the existing boulevard trees on Aldrich Avenue where possible. The trees and plantings currently located at the end of the screen wall, near Lyndale Avenue, will be replaced at the new end of the screen wall at Aldrich Avenue. A decorative fence with brick columns will be provided around the drug store end of the site to screen the double rows of parking. The City will design and construct the streetscape landscaping on both sides of Lyndale Avenue. • Pedestrian Connections: Pedestrian connections are provided throughout the site from building to building and from Lyndale Avenue into the development. A break in the berm was also provided to 10- 2-provide a connection for the neighborhood at the mid-point of the Aldrich block. At the Planning Commission public hearing, neighbors expressed concern about this connection and suggested that it would be just as convenient to access the development at either end. The developer is willing to remove the connection as long as City safety and planning needs are met. The Planning Commission recommended that staff, the developer and the neighbors meet to review the need for this connection. This meeting would take place before final construction plans are developed. • Lighting: The final lighting plan is being developed to coordinate with the lighting plan for the streetscape. The lighting fixtures will be the same as are being used at Woodlake Centre and will be used throughout the Lakes at Lyndale area. • Trash: Trash will be screened with an enclosure behind the south building and will be kept inside the north building. The enclosure will be eight feet in height and the building materials used will be the same as those used for the main building. C. FINANCIAL • NA D. LEGAL • The final development plan approval is contingent upon the following stipulations: 1. That the property be replatted. 2. That a final stormwater management plan be approved by the Public Works Director. 3. That a final landscape. plan be approved by the Community Development Director and a landscape escrow be submitted. 4. That a signage plan be approved by the Community Development Director. 5. That a final sediment and erosion control plan, including tree protection specifications, be approved by the Public Works Director. 6. That a specific plan for removal of the sound wall be approved by the Public Works Director. 7. That a lighting plan be submitted and approved by the Community Development Director with lighting fixtures to coordinate with those provided by the City in the streetscape. 8. That staff, the developer and the neighbors meet to discuss the options for the walkway through the berm along Aldrich Avenue. 9. That trash enclosures be provided for any outdoor trash containers and that the final design be approved by the Community Development Director. • The Planning Commission reviewed the proposal on January 25, 2000 and voted unanimously to recommend approval. JCS-3 Notice of the public hearing was published in the Sun-Current and mailed to property owners and occupants within 350 feet of the development. IV. ALTERNATIVE RECOMMENDATION(S) • Recommend that the City Council deny the request for a final development plan and conditional use permit for phase II of the Lyndale Gateway PUD with a finding of fact that the proposal would have an adverse impact on surrounding properties or the City as a whole. V. ATTACHMENTS • Existing Conditions, C1.0, 1/13/00 (Attachment A) • Overall Site Plan, L1.0, 1/13/00 (Attachment B) • Site Plan, L1.1, 1/13/00 (Attachment C) • Site Details, L2.1, 1/13/00 (Attachment D) • Landscape Plan, L3.1, 1/13/00 (Attachment E) • Tree Preservation Plan, L3.2, 1/13/00 (Attachment F) • North Building Elevations, A2.0, 1/13/00 (Attachment G) • South Building Elevations, A2.1, 1/13/00 (Attachment H) • Preliminary Grading Plan, C3.0, 1/13/00 (Attachment 1) • Preliminary Utility Plan, C4.0, 1/13/00 (Attachment J) VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Murray Kornberg, CSM Corporation • Gary Tushie, Tushie-Montgomery & Associates Attachment A Z ] w L. 0? E < C4 ?-0 A AiN:H NHA? ?o s-a a -s U y W w e ?'f fJ t _+. ' n, I I j1 t?' =f-9+ - V z H Q 7-7 XI 1% NE 6OR ER F CAFE At y Iw 36311 s3REE3 (AS ?. a?E£._66,.OJ I o i+ =,/ I I X? I I V m 1 I ? ?3_-uY.aT1 • - - `G I`' ion.«- ...cMtKt. LEGEND t:l AA r$' , '? .. ? ? 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R ? a I I, • f?11 ?, j ? i i i • • rt rt rt W n fD rt r b \? J i - r ?J ,I I • - -•--I-•----•--- - -•-'li'-•- - ........ P=.RRIET =`?E. I II ! L.J ii I i .-•-•-•----- - -•-•-•---•-----•-•-•-•-•-•-----•-•-•- - -•-•-•-----•-•-•-•-•-•---•-•-•--- -! / \ ?€ a 111 s .? MAINSTREET ??\ cs t c i GATEWAY s 1, , . ? a 99• ? ii • 3 o.P...t .. Sl?:..:nA-Rr 9a. W Q x L••ty 6S ¦ Ila P Till 6 M _ s9 } : i c mll-IO ZNAMN NREDEVELOPMENT SITE PLAN REVIEW SUBMITTAL R Q$ ? F ? = Q ? ? r ; o ? ? TA S - aa 1 G $ i ? J/ RICHFIELD, MINNE O a • s W nw 4L M I? 0 9 DEVEI(PRRNT SIRFIMr TOTAL SITE AREA M R WV W WAKED OR 3M ACRES 1GENERAL SITE PLAN NOTESI Me E DRAWINGS FOR CURB AND PAVEMENT DETAIL5. I ]. EE CIVIL A W F ADING PLAN. S FARKNIG •'m SPACES PLAASW BLOCCS (3- -) AT C--URGE OF FACM GROUND LEVEL ROn IATETO.CRETN ER SPOU //DS)) OISC4ARGE LOCATION EPT E N , XC -E DC NSPOIT D15CW-CIE OI RE CTLY TO IN CRM SEWER. SEE PUP PLAN FOR -5POT V BLUM AREAS O ,DC R L LAPIM%9u AYwT ATE wITI CI IL DRAWRGS. xE`SIpN D S VP S n VO - DM i o W -e D H" 81,19,I)m DENTN, OFFICES IASR7 Ss. U 1 OP5 11 I- l l - i I . U E, L?-ED INTO INnLK6 POURED ON S100P?. L TING -LF5 SWOLLD BE s[ SWEET L31 FOP THE LANDSCAPE PLAN RETAIL S1. iim E . WALL L L CI R8511 'WE PAR ARE T EP - SS 110M DTANOM 2 k 71yADS S.F. I AREA TO B 17 UNLE 06 OTIERWISE NOTED. OT sMELOPERATING NOTES 1 00.15 STORE F{17D S.F. z. ALL PAPFa,?Tlsv: EpSia-WEr -ALL L BE oi5? e1EO wnu .-EE-PCE TI-INGS AREA OF OKDW.. COVEEIM MIDI Ss. OR 31AE . AREA OF QM SURFACE 5,707 Ss, OR los AREA OF RPERVOS EWFACE O,SOR Ss. OR 117.7! Attachment C 0 I SITE DEFOLITION NOTES I „ ' TO DEMOLITION, FFER NO ANY SPERCIAL DETIOLITION REOUIReMENTS AS PER MENTAL REPGRi, LK L,, ALONG D STATE EIANIFM[HATG PANELS AND nCNp E%ISTING 90UN[».AL . SU L TTTI ST. CITY EPo ING TuE SORIDwALL. 7 WE COIPACTAID Oe SMALL DO SO IN A -REP PS I D FOR REICUUSE TIE OBY A P 9 CUBE PETSED. Tu ONTPACTOV -AFL 4E IT Y6 AYS PPIW T PEMWAL w O,I pNp A55 N i4 PEMOVAL a TuE PANEL9 FPCM TUE BIT Bp Ii+ TYI EVSONNE))L. SWNpWA SuALL BE15pELI OED 0-5 TO TuE 5 CENTRAL GN51- CONTACT E O?[zs TIN4 76VI?DIx65 CONCRETE PADS AND FOUNDATIONS, PAVEMENT AND WALKS SMALL BE A Y REFOVED. ALL PATyMENT AND -65 TO BE REMOVED SMALL BE SAW CUT AND REPLACED AS PER SITE PLAN SPECIFICAT-5 5. RE _ ALL ABpEDROICIEDY UTILITIES BALI TO MAIN LINES AND CAP AS PER CITY REOUIREIINTS. CAP ANY ELLS 1. ANY AREAS CP ROADWAYS TUAT NEED TO BE DISTURBED FOR UTILTY INSTALLATION. ALL AID DIN S BE M RED TO BE DISTURBED FOR UTILITY INSTALLATION STALL BE SAAW UT AND TD EIT Y SPEITwPAEl-UIG T. SEE TREE PPESEPM.ADE PLAU Ou LS.] POP E%IST TPEES TO LPE-N A, PPOTEO,ED . 1. CONSTRUCTI - W N, W -C (F., - - m Z " W W Q E m O E ' i ^ W N O m z - ------------ ,-,:?,- '___--------- ----__LYNDALE_AVE. --------------- TRAIN t? 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P l I _ _ Z' ,T n e?Nc e ui.u -- 'k' -ei?LreiNc a ?MR; f eAOI Y-Il .T YL - -- _1..1_. - ?a_o n e a_i ?fl_ r- sou th LQ?stu P? ° n p P y 1.. I I wwa Wks-4. -.d I I F F_ I----- ? L------- =-----? ----? TYPICAL MONUMENT SIGN IN CONDUCTION W/ TYPICAL DECORATIVE FENCE a NO -ALE er??-1 AN. LUM wt wt wawn.e Eb oP' r1TREE GAURD DETAIL r1TREE GRATE DETA L XALE i' • 1'-O' NO -ALE E m z? = m 10 F gyp. a> ?Z E- rn <o w w -3 adW96 4 :si ('J Q: a0 it arz U `r/WrL? Monlgom Tuslie AseociaUs Mc. ..rl.. Iw.w.....ilwl. Iwo Earoa.agn M... 'em MN..'[E[. leae slx.ew•e1fill oe 1. la e70-e215 1-s s Ilt snit s rsera E.n_ IEa 4 a.s Z "'star .L. SITE OETAN.S ..1.., .041.1 Jew o e. GMT. n 11/7[IM 0.4 e.40- RE-lSWlO p lftf 9ET L/LO/M MR-low 0 swing "T 01MAW A \ L2.1 NO PAF WIG ME INE LET '-'?I TI III' Lo_ of ., wPP,.,[P N TNt . , o..?[wfxT ..'M E LANE SIGN 0L..' NO XAI L PLANT LIST PLANT LIST E PEAR?FVi ( E z j z z T EPROJECt Oq U U . PLANT MATE E ? 6 t AL AMERICAN STANI S ii ( B A ( !. NO PLANT MATER 4 S R O j V f U E 5" D< . j .1 tf ? i ? DpgECAPI JA9C, -.C[JMMON NAME TTT -ANICAL NAME ;IYE U 3 N K . C-M- NAME itr BOTANICAL NAME .I2[ t 'p m - P 9 IDJ [Ex TREE COOPLN" TRIES flGUn LE. AT I euRLOS FOR SPEC- PL Attachment E CB! Gaa.Dp BLDE sPRU a Pwe owe'. ;- nK MISS 11" LIL" 5nw IN w 'nI» K b• • 5 11 ..REPENC- EKIST EEN -E ' ES ''IF- ON T.E PLA GIA-C E SEL D i- PEPRESENtEDE6PAPUICALLT, TE EPPESENTATI LAI- =A- GREEN SPRDC . Pte. Aa.?en • Tau 111- ARep•viTa [ TrvJe welawMry . • • n?L UTIL ES EAti? StR?CiURFgA LAVE-1 L-I r E9 AHD g- P e.B OE000QU TR{p BE REPAIRED Bt tu! LANDxAPE CONTRKTOR IL TNf SAT-ACT- ATngr[ Atu IS ..,.yl.ewa A • ??! Rc IN.eTNDSLAPE GWTRACTOR -L STAKE LOCATIONS M PLANTS IC Po IN OAK N Polu.aN • d. s'ELLA pE OsO D-1.1 p ue.ywe GP LGTS APPROVAL BEFORE DIGGING rgLlS. AL: ARIIAl "I"I TuE LIMITS OF CONSTRUCT- OR OUTgIDE T V CRAB eNld' • rn. Ie pe ae U O.C. TN K BFEN DISTURBED 9usLL RECEIVE sOD OR BE REPAIRED 0 r41NAl CPIDITICN. ANNRTWUDE nAPL[ RCUAD IO p la 1.• • ?. R. ALL LANMAPIUG -LL BE R GATED. r b. ER 11- TREES LISTED AS EXISTING FIALL REMAIN AND BE PROTECT ?PrSNG -NTj?UCTIW 5 4ALLLBL ?Pi EDSIAT TO REMAIN AND ARE EF YdEXal,ara. -.. _....! ?- T'I•rre !<.P. CB^BTrt•TJLwlZBIIRw % I'E'??R Y DEAD LInB4. I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - •- - - - - ----------n------ - -- - LY ND A LE A V E b:Y=.?C I[XY/ / ?D _? WOLFE?REw L9 RM?CITY _T- 'LLI nW/ 1-L cn i r MT= ,!{ ?T<(WW RETAIL I, G} - - • _ .l I'VE sf. Hsu gip., ND,.E; I"AN T7: - bJ ? ?!f EnsT a. turn, TIN TS BI R,rTNre .rsw.U? • cRea --------------------- iY 1 `C.,, N'f "1 A 777 TRIQ 1. SE E?p /k"? nD,rl..mNlR `_? d ( 2586_!Bµ P.. lwarr wus wwrr r[\ .w ?namvl r? i airue ,[REin n ? nrew ye\ %wR \ C _`?3 RNR I .F ??,MTrTTMTFTff F7 _ J ! I I ?? ? . i t ?eSTar >o NRrrINA N.., / ; '? I - i \ I ???\., ,EMNY .Rw.N,.F 4Epef I j - `C ; '7i IsTrrB T[EE! ,o BE [ewiEp ..r.,.,: ,.N ,n.. R. ? 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S.F. I. iAE E I ND STPLCTUPES BIIALL STT TIE ITITIE5 PAIRED BAND NS LA DSCE5 APE CONTRACTOR GRACTOR TO LRER B TNESSATI-TION OE E OWNER. 2 ALL A A NITNIN E IMITS O C RUCTION OR OUTSIDE THOSE BOUNDARIES < , u , L V REC TaT A E BEEN DISTDBED SHALL E11E SOD OR BE REPAIRED - O TNEIR AL CONDITION ?G A ?. LL ?ANDE- ING $4ALL BE IR 14ATED. T . E, 4TNG TRFES LISTED AS E%ISTING SHALL REMAIN AND BE PROTECTED OURING _ - v E» m RUCTION TREES THAT ARE E%ISING TO REMAN D ARE DAMAGED WRIS rRD CONSTMUCTANY lO1 SHALL BE REPLACED AT THE CONTRACTORS E%PENSE. S - TI TREES O REMAIN SHALL BE ED BY LANDSCAPE CONTRACTOR To z . A NE T W a , E 0 W W>"°0Z dW ? E z ><oe - -------------- ?- I rn z W W -? v EA?•? ----------------- ------ I-- d d W L)'NDALE A E. 1.0 --- B _ dri - -. - RRTTVJVfVPU.I. Fb. 1RlRRJTRJ .., ? \_._ I'---------------- - A w ss FLI?J? I I I RETAIL 6 I," v 11 4 II I RETAIL I 6 -- ? W? ? ??v) RIDN F%IS Re ERM IIi? e TORT . TEff TO PT RTIYNi11 f rrwnw. mss ,n w •..rv.n . I'{ 7 77, . . . . .-•-•---•-•-•---I A L D R I C P w A V E N 6 E -,..T,.,. ,-.- ,? ..N-,N N N Ll ), VT7 V :: =aE I - T / j Al TushiE Mongo I _ ? I 0 2s elhs ABSO - Inc. .eRRr . L.Ir..RERN ? E i ? Rw a+P... TE.w... ?xo ca.B.B.yI w...EOT I ssA15 AR I I I i .« . B EnasB•EROS I« E70•02n j 1pA:B:Eai EaB.T w;.ERis «.f «um « sa. ua?tlNY°b R mn uen i °R• DRN STORE IS,DS s.E. ! I I 11 W I Lrn b K auE s wm.. ? I YR. IR6 -^ D".1. TRTFS TO of RENwED•• _ F I RLR{ b P ?, ? t p ? I? TREE PRESERVATION PLAN 1 I j - I ae. y ua FBYEI ArWIKI J!E f ?>' O I j r' L C }? I wNa.. a. EnT• n Dx. n n," ? am, j O ' j ' RE-ISSUED ENTIRE SET i IRAW " I 49-ISWf0 ENTIRE SET anvEB I ' °o ...,..........? # ? G 1 ..?.T?w.,•..T?..N.?L .%IST?N?,EEF.okN?f' i ..?\ i RRro L3.2 J 9 i • Attachment G O NORTH ELEVATION- VIEW FROM PARKING LOT .C E-E x z 03 E s ;o ?. 04 ? Z Eaw: yat> <o ww .iJ g d c r,4 4 ??OG ?S2 ? 33 3 6 I. Z x ?a En :, Tusllie MOatgomery Associates tnc. 3700 l~-P wq, -em .R.wME.. __. ss.3s ea la SM-1126 Ilft•CE.EiLO 1[IYE M.?Ie•- e?NI.Y0?.0 MED. r W .M- I?.I..IMItEE Yep Ire lM Y Rt tl11[ V IEEIiE/. A M1°ier°iZ RWEYI nI.E .Rllq ara K .IpEI{Ct. .l .YI W .O.i O rCRIEWI .O..Q.R,IIIE 1qF ftpYLt Rf?FFAR. SOUTH BUILD" ELEVATIONS h.Y.l MEIAKI JeYI ?Re.e a cnT, n osl. rossw R.-IYaR R11-19610w MIRK stv anomi me-low DITIR! SET OVIS/a0 44 -R" 444 4pi- 4fv? _ to?'`ue KiJ'Iiu?Twrt WEST ELEVATION- VIEW FROM PARKING LOT -1 "... -O SOUTW ELEVATION-VIEW FROM 77TH STREET SCALE -1'• V-0 A2.I) J EAST ELEVATION- VIEW FROM LYNDALE AVENUE -l!„_•, 0 Attachment H ti93" - EAST ELEVATION- VIEW FROM LYNDALE AVENUE 3CnLF 3A1'• ?' O Via' 7 fT I I\ I I I I I NORTH ELEVATION- VIEW FROM 76TH STREET SCPLE 3/31' I - /?3 xux wb V \-t WEST ELEVATION- VIEW FROM PARKING LOT 5C41E 3/31'- I'-O' // E- °D a 63 E-E ? m o ; ? • w? W -0 ?3 ce. -4 CA M CaWw-3 o S aE0 04 ?C70: m& cgs akZ S U {q ?L,. .. '?? I Monlgomay ' I \ Assoeiohs Inc. 3100 EdMra.0 'AET. N01 -926 $208 1. 1« BM-926 YtO?IiE4bltl1 E[ICE1 M,R•• .If1 « < a 1M? M E,IKI l? ,11tMtt1 Y11Y nE 1 LwE s ly nEn v Iweu MIU1Yl011 • I?WI[ EnM ,O AIP EOt01, Y dWltCl. CO.IOII 11pIY Ip1E. 111tOGTlpE,O? 0.EVATOS ftbo Mon I AN C? 0. am. TL RE-ISSUED ERTURE SET MAW" RE-ISSUED MIRE !ET OI/p/00 1 1 • SOUTH ELEVATION- VIEW FROM PARKING LOT Attachment I L , ?. ' !...IC 0 --------------- - -------- -------------- ??... ! '?? '.. •, ? A. .. ? ALbRI AVFiNUL, --?-?-- -.max -?- A7FF AEI 3 i 14 I t . I c.. 1 . rn? Gr r y , ,1 °'dmE I I' T? I> al. '. I' 1 & . I I FFE 613.73 3 A 2 I '. I i '„ :. ---? .. \ 01iST - 1 4j ?. I I. :.I• f l ITT Gj - 1 1 w a -1 FM MaW I I i1,' j?j .I1'.: I ,/Cl•IJL 4 ?I RETNL 6 '.': i.,? ?? E 1 4, o; T °-------{' I' I ' it (, Al II ? ° I r -??tt, 4 r'r,"pr,`'T w??l s ? ? f2+; >r ? i ILis e LYNDALE'AVENUE ? ' ? '- - -+--.-- .- ? 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UNR THE IESIM ALL DaTNBED MEA7l WO NO PAVMMTE TO AM MES /CAS SEEN PQMNMILT A<STAMUC 9a MEDZD NIO MILL R RECORD WINN SO DAYS TEE AFIEL EMSTNO Ddldllal R SiTa4 Oa1aElE PATflpR N Au NOW WAIL RMD.M tMM MS NIOJECf IS TO X CAIEnA1Y LIMNS AK MAY TE PATCHED qiX DOT AINO L NMD.ED TD AS 10 DO NO DAMAGE TO THE W SAEVACW Pon TO K DEUMEA D 70 THE a1Y3 CMPLAL WAGE. CONTACT RAMDV M MM (NS-OED 75) % .. LEGEND WON MONUMENT V PROPOSED HYDRANT HYDRANT PROP09D WATER - .? WATER VALVE O PROPOSED NANNOU PO PDIE Z ? PROPOSED -CH BASIN UGHT P d+ E,ECTR o "HOLE - - PROPOSED WATT MAN - - PROPOSED SMTARY SEWER NANNDOE - -PROPOSED STORM SEWER Ab AFll ?M? PROPOSED CON RS HAJIDIIOID .*,7 PROPOSED SPOT aEVATION TOFPNONE ROx ---- PROPOSED RETAINNO WALL iRAFFIc SIGNAL C BASH .1 C Gh 9CN GNY MMIE - WAi[A NNN GAS MAN -- - SARITARY SENEA - DWUEAD aFC+M TEE sw LAZE SrU1N SEMEN -,. RETANNG WNG. .-. ?•, STUNS WALL CONTOURS $PDT EEEVATONS OEOWOUs TTDF C casEROCS TREE , I: L PRELIMINARY - NOT FOR CONSTRUCTION ? a rn z° W m Z .E- Z W ?' S O a W z a :r C 7 fZ ai a' ' 1 ' G9F.s.. ?rvewn ;?Lmbcap. N+URI. TueNs . /Awt ry ABgBDCiomEatw Inc. 9.+M VM*- n W W. -.1 Aim.NPPAa., -t. 554,15 G12-830-8200 - -,..- E., ?; - m, PRELIMINARY GRADING aa.n Sy RMC Dea" By MAT C -Id By LAJ OPIa 11/]3/99 ,,/W/ 11/SNOB CITY w MMT5 01/13/00 aTY WM coNAENrs N9 NaL no / _----- Attachment J a a a E-+ m o V) W w z Z a?w aA > w zE W H U f G9Fea+e • Su.•wx.e 1I Landscape ArcM1llecle TusWs Mont Ass=tgomery g Inc. 7700 Ed omo Way, -601 Aim-a i , Mnraaola 55435 612-630 8208 .Wiry w i. H- MOML CONTMC1013 WAU. BETBNN[ NDCAOCH Of EMIM P1KNC AND PNVATC UTUTES PNQT TO cW6MUCTIQI AM MTALL BE M PIESIIM NO THEM MY NPANS MXSENIY DK TO OWMACTORS 01NO1ATQd NIML K MAK AT COORACIM OPML WOSfY TINE 9L LOCAnON, AND E AVON V OQV M UTUTES AT OQIFOlOM3 ALO BHON CONSIRVCIRN AT M= PON71 M ET19IEm w K MOIEED MYEQATLLY W ANT 060lPMIQE KTWElN T1E PLAN AND ACR7AL MIN D UTUKS ARO NO IWO NDTIW MALL FROM UNTIL SUCH OMOIDANQES ARE NCMVM NTOK W NG OUL GOMM STATE OU CALL (W)VA-0002 Au"SHALL BE M "- '- MIN ON W NQIEEID ` R A D/W CFAM AMD MIOOT STANDARDS MAINTAIN MINKM 7.0 PT. COVER OVER SANITARY KWOT UK& © YANTAN MMUM TA iT. CO" OVER WATER MARL E MNMW COMNS CANOE K MAWAHU NOW DIG M YIENM MY, IMAA QI on101 AS OPEC= BY DIBIEM WWALL TEWL OfFWM E1fTD VM OWIR PML ETC. AB WON" AT CROWNGI AND MVWNT UCADL MNMTAN MUM 1.8 PT. MUTTIOLL SEPAPAUN KIVODN MTOT MAN AND SWAIT KVVVgFM KWDL ENSISD PAMUQNT AND CURB EIIALL K PKSENrm WIEWAX POSM.L CWATE !MOOT TRAR9TIQf3 BETKM 00"M AID "NNMNOUL ALL A24MLT S MI K SAWWP. ND REWPW ALL OSTISNED AREAS INQMONO PAVINDM TD DOW* COM%TMN ON K ODNQEIE PAYRAON N LYfDME AVL MAY K ?ATOED WITH NUINIOUL Nw MONUMENT V PROPOSED HYDRANT -ANT N PROPOSED WATER VALM - WATER MW 0 PNOPOSD MANNOIE POWER POLE 0 PROPOSED CATCH 8AVN UGHT PCtE ?1- PROPOSED WATER MAN ELECTRIC MANHOLE PROPOSED SANTARY SEWER NAWDIE PROPOSED STORM SEVER ry Wf11 PROPOSED RETNNNO WALL M? IUFPNONE NO9 TFM1C ASKNAL SN CATCH BASH Wry wY WA1[A M NN GAS MAN SANITARY SEWER - OM.RNFAD DECTRIC TE1FT9w U NE - - STAN 1E RETANNG WALL STONE WML CONTOURS SPOT EUNARONS zJ?4 rl' omoums TREE ` CCNPERW$ TREE L PRELIMINARY - NOT FOR CONSTRUCTION n11e PRELIMINARY U7UTY pawn By RMC oeel9nw 9r u.re CHea4ed By Ud Dole 11/23/99 Rev t2/]O/99 CItt CONVENTS 01/+3/00 ON cwuERM Prabat Ib 99_0]7 r C4A AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 9 REPORT # 49 • • STAFF REPORT COUNCIL MEETING: FEBRUARY 149 2000 REPORT PREPARED BY: JULIE URBAN, ZONING ADMINISTRATOR NAME, TITLE BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: Er REVIEWED BY CITY MANAGER: Ur 'E ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding a request for an extension of a temporary conditional use permit for the VFW Club to operate at 6401 Lyndale Avenue through December 31, 2000. 1. RECOMMENDED ACTION: Conduct and close the public hearing and By Motion: approve an extension of a temporary conditional use permit for the VFW Club to operate at 6401 Lyndale Avenue through December 31, 2000 or until such time that the VFW moves into its new facility, whichever is sooner. • II. BACKGROUND On September 28, 1998, the City Council approved a temporary conditional use permit (CUP) for the VFW Post 5555 to use the facility at 6401 Lyndale for a temporary club facility until their new facility is constructed on Lake Shore Drive, adjacent to the Gramercy Park Cooperative. The CUP was approved with an expiration date of February 14, 2000. Construction on the Gramercy Park Cooperative is now scheduled to be complete in the fall of 2000, and the VFW is requesting an extension to the temporary CUP until that time. The permit would be extended until December 31 to allow for any unexpected construction delays. 0214VFW q-' III. BASIS OF RECOMMENDATION A. POLICY • The Comprehensive Plan designation for the property is Community Commercial; the proposed club facility is consistent with this designation. B. CRITICAL ISSUES Use of the site is temporary; a new facility is in the process of being constructed. The schedule for completing construction has changed since the temporary CUP was issued. Staff has not received any complaints about the facility in its temporary location. • The VFW and the property owner worked with the other businesses in the center to provide designated parking spaces for existing businesses to alleviate their concerns about parking constraints. • Traffic was raised as an issue at the Planning Commission hearing in 1998. Traffic issues in the area were reviewed and found to be significantly below levels at which traffic calming is needed. C. FINANCIAL N/A D. LEGAL • The proposed facility meets zoning performance standards, adequate parking is available, a trash enclosure currently screens the dumpster, and the parking lot was recently reconstructed in compliance with City standards. • The Planning Commission reviewed the proposal and voted unanimously to recommend approval of the extension. • Notice of the public hearing was published in the Sun-Current and a mailed to property owners and occupants within 350 feet of the subject property. IV. ALTERNATIVE RECOMMENDATION(S) Recommend that the City Council deny the request for a conditional use permit extension at 6401 Lyndale Avenue with a finding of fact that the proposed use would have an adverse impact on surrounding properties or the City as a whole. 0 1 V. ATTACHMENTS Land use for the area around the temporary VFW Post 5555, (Attachment A). • Site Plan of Woodlake Plaza Shopping Center identifying 6401 Lyndale Avenue, (Attachment B). VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Boyd Tate, VFW Representative • • _J r ? I i I I ? I I I I i I 64th Strept II pM1 __- F' 6 j All 600 0 600 1200 Feet Land Use for the Area Around the Proposed Temporary VFW Post 5555 -- 6401 Lyndale Avenue South ?J „fir Cdr • z Z/ LEGEND P'o'? Apartment Commercial \\\ Duplex Mixed Use Park Residential Railroad Nk 7 > rt } ? A' rat W August, 1998 • s Yw•1.ewYr a.. :? ar Y®a Ar L e 4 4 _ ?_ra +.. ? i ra n. ? W-W SalEENNM FB4,E 4'-0' SafEN C, Parking Suffmm Existing Parking 78 New Parking . Total 103 1 2 15 / o CC\\ 1 g ?s 5 7 a T------------ --- =1 • GEN94A NOTES, t o..m w r .m.o r ..r.a r r .Ora or.. r .t.fea ? n a.esa n bu awe ..rte Nrrw 3 .w rmr ? rt m. wM1°r0.r.vr Otto r a Oa.rrt a.t wn r we.wt I..r b.r wb. w ab r ti mtas w..a. . owtr. n . w. e • .N r r.n . w.. t,rt + ? ? rOran M art rC art ,. t.. l IYIl e...r wr •rrtr•ra ]. I.ir r tNt tt..r rrY r uYar ° r.?Yr e: w .Nitinr m?.t•. '°ri w i a ° nra r r w ..tY tr ar• s .r r .tr me trt as O..tli . r.t •s..t .r . rua r r.. r ta.o .. er.Y a vb .a.t r rtw w tee ti ...c r .t.a .nrr.a a r?"• a :"a s`r.°"e rnrrr e?.,.rs r' ro..., .r ¦ N Irt1r a.rY M Ilan r rr O r. M .PVt . r ..tr 4 rW tar r ...w r1. Yam Mr+YYn iFVR ('K M C: ? N .n .r r.. v w on r u.srr z.... +wa.r. r m.a.+.r Naon i 300ar oanlr r r u. •mta .r r nr Y .oa P MOOT R + faa4. rr .w..r r /MOM m . os ra ..w .w . Mmt .tm....mt m .r .q b....r.rwN mr..w l MOOt m ? 3W w d/ N M.w. ¦re fr..a.n • N ..a.M .r rip N YODt Mir. WvrM. r d.Yen' . SHEA •wrr rrrrr n r r>a? t rrt?r OY11fR Inmitars mortow Na Ew u. a... .M.. W Ya• MANAGER h0 I PROJECT TITLE Wooddw PIm SHEET. TITLE gt° rim Lyndels Avat= South Woodlake Plaza Shopping Center 841h St. and Lyndal• Avs Richileid MN i 1 I f rte r ..r /aL11T1LT1 A• 1 AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 8 REPORT # 4 $ J STAFF REPORT mrsz? COUNCIL MEETING: FEBRUARY 149 2000 REPORT PREPARED BY: JULIE URBAN, ZONING ADMINISTRATOR NAME, TITLE BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ? SIGNATURE REVIEWED BY CITY MANAGER: // ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding an amendment to a conditional use permit at 6244 Cedar Avenue to allow an extension of the existing telecommunications tower from 90 to 105 feet. 1. RECOMMENDED ACTION: By Motion: Conduct and close the public hearing and approve an amendment to a conditional use permit at 6244 Cedar Avenue to allow an extension of the existing telecommunications tower from 90 to 105 feet with the stipulation listed in the Legal section of the Basis of Recommendation. IL BACKGROUND On July 14, 1997, the City Council awarded a conditional use permit to U.S. West to construct a 90-foot monopole on the U.S. West property at 6244 Cedar Avenue. AT&T Wireless Services is requesting an amendment to the conditional use permit to allow them to increase the height of an existing commercial wireless telecommunications tower from 90 feet to 105 feet. U.S. West currently has three sets of antennas on the tower. There is no room on the existing tower for additional antennas at a sufficient height. 0214TOWER %-I III. BASIS OF RECOMMENDATION A. POLICY • The extension of the existing tower avoids the need for a new tower to be constructed. The City's ordinance encourages co-location whenever possible to avoid new tower construction. • The applicant was informed of the airport mitigation planning efforts in the area. B. CRITICAL ISSUES • An approximately 300 square foot equipment shelter will be constructed to the east of the tower. Approximately four parking spaces will be eliminated for the equipment shelter. The site currently has more than adequate parking to absorb the loss of four stalls. Seventy-five parking spaces are provided; 47 spaces are required. I C. FINANCIAL NA D. LEGAL I • There would be one stipulation of the approval -- that the building materials for the equipment shelter match the principal building. • The City's ordinance requires a setback distance between a tower and the nearest residential use of 1.5 times the height of the tower (158 feet for a 105-foot tower). The nearest residential use is approximately 400 feet from the tower. • Federal law requires cities to make reasonable accommodation for commercial wireless telecommunication facilities. • The Planning Commission reviewed the request and voted unanimously to approve the amendment. • Notice of the public hearing was published in the Sun-Current and mailed to property owners and occupants within 350 feet of the subject property. IV. ALTERNATIVE RECOMMENDATION(S) Recommend that the City Council deny the request for a conditional use permit amendment at 6244 Cedar Avenue with a finding of fact that the proposed use would have an adverse impact on surrounding properties or the City as a whole. V. ATTACHMENTS Map showing the land uses in the area (Attachment A) Elevation plan of proposed tower extension and equipment shelter $,,C?- (Attachment B) Site plan for proposed equipment shelter (Attachment C) VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Julie Townsend, Wireless Site Specialists, representing AT&T Wireless • • Land Use Context Proposed Telecommunications Tower Extension 6244 Cedar Avenue 82nd St II 63rd St i I I I I I ? I I ? i t I I I I I I I_ _? I' i i i t I I I i t li ,I ? ? ?I I II I II 64th St I I i I_ i I ? I i III I I I ?/ ? Le ? I I ? i t I ! I I I ;- I L II I? I? ? II ? w II ?I I I ? "No ? li I I I I I I I I I I ? I ? ? I I I I i i t l I I ? . I I I I I % Land Use Commercial j i I ' I I I i Apartment I I I------- I I I I I I ? ? \\\? Duplex I I Residential i i I I I ( -- Quasi-Public School l I Church (? Vacant 100 0 100 200 Feet n Park ?? W N January 18, 2000 m m ? U Attacnment t5 ULTEIG ENGINEERS, INC. 5201 EAST RIVER ROAD, SUITE 308 cuLTEIG LwcwirRs MINNEAPOLIS, MINNESOTA 55421 PHONE (6 12) 57 1 -2500 FAX (612) 57 1 - 1 1 68 AT&T WIRELESS SERVICES OF MINNESOTA, INC. CEDAR/CROSSTOWN SITE RICHFIELD, MINNESOTA ATLT WIRELESS I TOP OF SERVICES OF PROPOSED MINNESOTA, INC. - MONOPOLE ANTENNAS <TYP.1 -r L OF ANTENNA SEE SHT Z FOR PICAL in ANTENNA LAYOUT 6 _o TOP OF EXISTING 1 MONOPOLE r/ W o o ? m EXISTING USWEST ANTENNAS c in n o 0 ll'-r'. zr-r 7'-0- e'-8'0?'. EQUIPMENT SHELTER \ GROUND LINE \ - BROOMED CONCRETE EXTERIOR OF SHELTER PAINTED BROWN TO MATCH EXTERIOR OF EXISTING USWEST BUILDING. NORTH ELEVATION SCALE: I" = 20'-0" AT&T WIRELESS SERVICES ?F MN, INC. ANTENNA SIZES SECTOR ( ANT. NO. H W D ALPHA GAMMA PD10177 86" 103/9" 5" ALPHA BETA PCS-DS-17-06507 48" 7.2" 2.3" GAMMA SITE PLAN PROPOSED TOWER EXTENSION 06244 CEDAR. AVE, 4 J EQUIPMENT SHELTER EXISTING TOWER 90' PROPOSED 105' VJ 0 z w x e 0 w U i r Attachment C S-'!5? ? tiY ? Iwo M Y 1 71 • STAFF REPORT aim CITY COUNCIL MEETING FEBRUARY 149 2000 i REPORT PREPARED BY: JOHN EVANS, ADMINISTRATIVE AIDE NAME, TITLE REPORT PRESENTER: .JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: El" REVIEWED BY CITY MANAGER: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 7 REPORT # 47 SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading regarding the ordinance amendment to the City Code, Section 840.01, regarding changing the closing time of most City parks from 11 p.m. to 10 p.m. 1. RECOMMENDED ACTION: Conduct the public hearing and by motion: Approve the ordinance amendment to the City Code, Section 840.01. II. BACKGROUND As a result of resident feedback at a series of neighborhood park meetings, staff is recommending changing the closing time of City parks from 11 p.m. to 10 p.m. as a deterrent to vandalism, loitering and other potential problems. Staff identified five City parks in which authorized night activities would prohibit an earlier closing time. Considering the hours of use at the following parks (i.e. room rentals and athletic events), the closing time of these parks would remain at 11 p.m. • Augsburg Park • Donaldson Park Taft Park Veterans Memorial Park • Washington Park 0214 park hours /?-' • Wood Lake Nature Center The Council has discussed this item at the October 4 study session and a first reading was held at the January 10 regular meeting. III. BASIS OF RECOMMENDATION A. POLICY • Earlier closing hours would enable staff, particularly Public Safety staff, to address questionable park activity at an earlier hour. • Neighbors were in favor of the new closing time and expressed their opinions at a series of neighborhood park meetings. • The Community Services Commission reviewed the ordinance amendment and recommended approval at their regular August meeting. B. CRITICAL ISSUES I • Staff wishes to begin changing signage as soon as possible in preparation for spring and summer. , • C. FINANCIAL N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S) I • Do not approve the ordinance amendment. V. ATTACHMENTS • Text of the ordinance amendment. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None expected 0 BILL NO. AMENDMENT TO SECTION 840.10 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 840 of the ordinance code of the City of Richfield entitled "Public Parks" is hereby amended: Section 840 - Public oarks 840.01. Reaulatina closina of public parks. Public parks of the city will close at 11-:-99 10:00 9'GIGGk p.m. each day and shall remain closed to the public until 5:00 a.m. on the next day, except that the followina parks will remain open until 11:00 p.m.: • Auasbura Park • Donaldson Park • Taft Park • Veterans Memorial Park • Washinaton Park • Wood Lake Nature Center Except as provided in subsection 840.03, no person may be in, remain in or enter any public park between the park's closina time . and 5:00 e'sleGk a.m. and no person may drive into or remain in a public parking area within or immediately adjacent to a public park during the hours when the park is closed. For the purposes of this section that area of Augsburg Park belonging to and occupied by the Hennepin County branch library is included as a public park. Passed by the City Council of the City of Richfield, Minnesota this 14th day of February, 2000. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 6H REPORT # 46 J STAFF REPORT COUNCIL MEETING: FEBRUARY 14, 2000 REPORT PREPARED BY: RICK BEANE, GARAGE SUPERVISOR NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: SIGNA7T/RE (J ITEM FOR COUNCIL CONSIDERATION: Consideration of a purchase to J-Craft, Inc. for a new dump body and appurtenances in the sum of $38,536.92. 1. RECOMMENDED ACTION: By Motion: Approve the purchase of a dump body and appurtenances in the amount of $38,536.92 to J-Craft, Inc. III. BACKGROUND In October of 1999, staff ordered a new dump body, freestanding cab shield, tailgate sander and control, front plow and hitch, wing plow and hitch, a DOT strobe lighting system and Tarp system to be installed on Unit #354 from J-Craft, Inc. off the MN State Contract No. 1010590. The 1999 Revised Motor Pool budget contained funds for this purchase. However, because the purchase is over $25,000, City Council purchase authority is required and was never requested by staff. This action corrects that oversight. I III. BASIS OF RECOMMENDATION I A. POLICY 021400DUMPBOX 1?? I City Council policy resolution on purchasing provides that when the loll purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. • The City of Richfield participates in the State of Minnesota Cooperative Purchasing Program, through which this work was ordered. B. CRITICAL ISSUES • This work has been completed. The lack of Council purchase authority was not discovered until recently, when J-Craft, Inc. submitted an invoice for the work. C. FINANCIAL I • The funds for this purchase will be revised into the 2000 budget. D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION(S) • No alternatives are suggested. While this oversight is a rarity, staff will be more vigilant about requesting approval before ordering work to be done. V. ATTACHMENTS None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. 0 AGENDA SECTION: CONSENT AGENDA ITEM # 6G REPORT ## 45 • =Oda STAFF REPORT COUNCIL MEETING: • • FEBRUARY 149 2000 REPORT PREPARED BY: RICK BEANE, GARAGE SUPERVISOR NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SiNfll'E REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of purchase for a new Toro Groundsmaster mower for use by the Park Maintenance Division. I. RECOMMENDED ACTION: By Motion: • Approve the purchase of a new Toro Groundsmaster 580D from MTI Distributing, Inc. in the sum of $70,167.52. III. BACKGROUND I Unit 351, a 1990 Toro 580D mower, is fully depreciated and scheduled to be replaced in 2000. Purchase of a replacement mower has been coordinated through the State of Minnesota Cooperative Purchasing Program. Under this program, the State of Minnesota solicits bids from a variety of dealers for specific motor pool equipment. The low bidder for the type of equipment required is then awarded a contract to supply vehicles to the participating members of the Cooperative Purchasing Program at the lowest possible price. The City of Richfield participates in this program. III. BASIS OF RECOMMENDATION 021400MOWER ?'? "J • f<,'1 I A. POLICY l(N • City Council policy resolution on purchasing provides that when the purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. • The City of Richfield participates in the State of Minnesota Cooperative Purchasing Program. B. CRITICAL ISSUES NA C. FINANCIAL I • The approved 2000 Garage Motor Pool budget contains $60,000 for this purchase. In order to acquire equipment that is more versatile, and therefore useful for more than one season, staff added options of a cab, heater and broom to this purchase so the unit can be used for ice rink maintenance during the winter months. This will enable the sale of another tractor this spring, with the proceeds of that sale going to offset the additional funds spent on this unit. • The revised 2000 budget will be adjusted to show the additional funds used to purchase this unit. 0 D. LEGAL NA IV. ALTERNATIVE RECOMMENDATION(S) I • Council may delay approval for one Council meeting with no major adverse effect. • Council may choose to authorize purchase of the unit without the options desired. V. ATTACHMENTS None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. • AGENDA SECTION: CONSENT AGENDA ITEM # 6 F REPORT # 44 • mo- STAFF REPORT COUNCIL MEETING DATE: • FEBRUARY 149 2000 REPORT PREPARED BY: GEORGE ATKINSON, ENGINEERING SUPERVISOR NAME TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for raising selected trails at Wood Lake Nature Center I. RECOMMENDED ACTION: By motion: Accept the bid minutes and tabulation and award a contract to G. L. Contracting, Inc. in the amount of $76,439.95 for raising selected trails at Wood Lake Nature Center, City Project No. 503-30-589. III. BACKGROUND I On December 13, 1999 the City Council approved the plans and specifications, ordered City Project No. 503-30-589, and authorized advertisement for bid for the proposed trail improvements at Wood Lake Nature Center. A pre-bid conference was held at Wood Lake Nature Center on January 19, 2000. Bids were opened on January 26, 2000. Of the 22 planholders, 12 firms submitted bids. III. BASIS OF RECOMMENDATION A. POLICY Council has ordered the project. 0214WLtrail B. CRITICAL ISSUES I • Wood Lake Nature Center will experience additional stormwater runoff as a result of improvements to 1-35W. Council may delay action; however, the work is scheduled to be done this winter. A delay in award of contract will proportionately delay start of the work and the grant money may be lost. C. FINANCIAL • The City has executed an agreement with the Minnesota Department of Transportation (MnDOT) who has agreed to fund $54,000 for additional raising of trails at Wood Lake Nature Center D. LEGAL I • The award of contract has been discussed with the City Attorney. IV. ALTERNATIVE RECOMMENDATION(S) • Do not award a contract. However, selected trails must be raised if the Nature Center is to continue access to the public as currently provided. • Award a contract to other than the low bidder. However, there has been discussion with the low bidder who has agreed to perform the work. V. ATTACHMENTS • Bid minutes and tabulation. VI. PRINCIPAL PARTIES EXPECTED AT MEETING NA to CITY OF RICHFIELD, MINNESOTA Bid Opening January 26, 2000 Wood Lake Trail Improvements City Project No. 503-30-589 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Wood Lake Trail Improvements, as advertised in the official newspaper on January 12, 2000. Present: Thomas Ferber, City Clerk George Atkinson, Engineering Supervisor Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Contractor's Name Bid Add #1 Add #2 Base Bid Security Rec'd Rec'd Barber Construction Co., Inc. 5% X X $132,992.60 Doboszenski & Sons, Inc. 5% X X $165,560.00* Frattalone Paving, Inc. 5% X X $139,693.25 G. L. Contracting, Inc. 5% X X $76,439.95* Ingram Excavating, Inc. 5% X X $190,769.00 Jay Bros., Inc. 5% X X $234,168.60 M J Ryan Construction Co. 5% X X $141,900.00 Park Construction Company 5% X X $156,575.00 Shafer Contracting Co. Inc. 5% X X $192,346.00 Valley Paving Inc. 5% X X $136,381.80 Veit & Company, Inc. 5% X X $153,625.00 Wickenhauser Excavating, Inc. 5% X X $110,808.50 * Denotes Corrected Figure The City Clerk announced that the bids would be tabulated and considered at the February 14, 2000 City Council Meeting. Thomas P. Ferber City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 6E REPORT # 43 STAFF REPORT M099A COUNCIL MEETING DA'Z'E: FEBRUARY 149 2000 REPORT PREPARED BY: GEORGE ATKINSON, ENGINEERING SUPERVISOR NAME, TITLE REPORT PRESENTER: MICHAEL EASTLING, PUBLIC WORKS DIRECTOR DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: NAME, TITLE ?)44JJ? U SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution authorizing approval of agreement with Hennepin County for the relocation of the traffic signal at 67th Street and Nicollet Avenue. I. RECOMMENDED ACTION: By motion: Adopt the attached resolution authorizing the Mayor and City Manager to execute Hennepin County Roadway Maintenance Agreement No. PW 73-19-99 County Project No. 9932, City Project No. 401-30-524 for relocation of traffic signal at 67th Street and Nicollet Avenue. II. BACKGROUND The 1999 capital improvement budget identified the relocation of the traffic signal at 67th Street and Nicollet Avenue with roadway modifications. The existing pedestrian crosswalk signal will be removed and a new signal installed at the intersection of 67th . Street and Nicollet Avenue (including the Academy of the Holy Angels (AHA) entrance). The plan is the result of extensive discussions with AHA and St. Peter's Church. The new entrance at 67th Street will be shared by the church and school. A neighborhood open house was held September 29, 1998 to gather public comments to replace the 0214HennCoAgree bc, i pedestrian crossing signal in the middle of the 6700 block of Nicollet and to consider redesigning Nicollet Avenue to become a three-lane road with the center lane used for two-way left turns. The design was to help reduce excessive speeds on Nicollet Avenue which also concerned residents. The relocation of the signal was well received by the neighborhood, but the change in the road was strongly unwanted and rejected. 1111. BASIS OF RECOMMENDATION A. POLICY • Formal agreements are required for the County to reimburse the City for the County's portion of the costs incurred for the construction of the traffic signal. • The agreement is consistent with Hennepin County's policy on signals. B. CRITICAL ISSUES • The two driveways, one from St. Peter's parking lot and one from The Academy of the Holy Angels, are too close together creating near collisions and competition for turning movements. Redesign of the driveways is included in the construction plan. • The new dome built by the Academy of the Holy Angels has generated more traffic in the area. C. FINANCIAL • Council approved monies in the 1999 capital improvement fund and will transfer them into year 2000. • Based on the Engineer's Estimate of quantities and unit prices, the agreement estimates the County's share of the project cost to be $34,120. Of the remaining estimate of $164,740 for equipment and construction, St. Peter's is expected to contribute $11,100. The City will pay the balance of the estimated $235,220 total project cost, which includes consultant fees and City staff time. D. LEGAL • The City attorney will be present at the Council meeting and will be available for counsel. IV. ALTERNATIVE RECOMMENDATION(S) ¦ Do not ask the County to reimburse the City for a share in the cost of the traffic signal installation. However, the County has agreed to pay a portion of the cost and an agreement is a formality for release of funds. ¦ The Council may defer action on this item to a later meeting. V. ATTACHMENTS • Resolution authorizing approval of agreement with Hennepin County. VI. PRINCIPAL PARTIES EXPECTED AT MEETING ¦ N/A • RESOLUTION NO. RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE HENNEPIN COUNTY ROADWAY MAINTENANCE AGREEMENT NO. PW 73-19-99 WHEREAS, the City of Richfield and Hennepin County have been negotiating to bring about the relocation of the traffic signal at 67th and Nicollet Avenue; and WHEREAS, the City and their consultants have prepared the necessary plans and specifications for the County Project No. 9932 and City Project No. 401-30-524; and WHEREAS, the City has requested that the County approve said plans and specifications and participate in the construction costs of said project; and WHEREAS, the County has indicated its willingness to approve said plans and specifications and participate in the construction costs of said project; and WHEREAS, it is contemplated the said parties under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59 carry out that said work. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Manager are hereby authorized to execute Agreement No. PW 73-19-99 for the installation of a traffic control signal system at the intersection of CSAH 52 (Nicollet Avenue) and 67th Street. Adopted by the City Council of the -City of Richfield, Minnesota this 14th day of February, 2000. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • &C-.3 Agreement No. PW 73-19-99 County Project No. 9932 County State Aid Highway No. 52 City of Richfield County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, Made and entered into this day of , 2000, by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Richfield, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "city". WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the improvement of the intersection of County State Aid Highway (CSAH) No. 52 (Nicollet Avenue) with 67`x' Street, which improvements contemplates and includes the replacement of the existing signalized pedestrian crossing with a fully actuated vehicle and pedestrian traffic control signal system with an Emergency Vehicle Preemption (EVP) System, minor road work, and other related improvements referred to as City Project No. 401-30-524; and WHEREAS, The City and their agents has prepared the necessary plans and specifications for the aforesaid City Project; and WHEREAS, The above mentioned City Project No. 401-30-524 lies within the corporate limits of the City and shall be identified as County Project No. 9932 hereinafter referred to as the "Project"; and WHEREAS, The City has requested that the County approve said plans and specifications and participate in the construction costs of said Project; and WHEREAS, The County has indicated its willingness to approve said plans and specifications and participate in the construction costs of that portion of said Project that entails the traffic control signal system at said intersection ; and WHEREAS, The City or its agents have heretofore prepared an Engineer's Estimate of quantities and unit prices for the above described Project in the sum of One Hundred Eighty Three Thousand Eight Hundred Sixty One Dollars and Fifty Cents ($183,861.50), attached hereto marked Exhibit "A" and by this reference made a part hereof, and WHEREAS, The County has adequate personnel available to perform the construction staking, testing and inspection required on the Project; and - 1 - W L &C5 Agreement No. PW 73-19-99 CSAH 52; C.P. 9932 if any action or inaction of the City causes MN/DOT's State Aid Engineer to determine that the County's costs are not eligible for State Aid funding. III The County or its agents, at the sole cost and expense of the County, will inspect the construction, perform the necessary material testing, perform the necessary construction staking and document the contract work contemplated herewith, under the direction of the County's Project Engineer, in accordance with the existing practices and procedures required by the Minnesota Department of Transportation Division of State Aid for Local Transportation for said. Project. The City Engineer shall cooperate with the County Engineer and his staff to the extent necessary and shall have the right to enter upon the Project at any time to make any inspections deemed necessary The County will prepare weekly progress reports as provided in the specifications. A copy of these reports will be furnished to the City. The City agrees that the County may make changes in the plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is agreed however, that the above stated authority does not authorize the County's Project Engineer to prepare change orders or supplemental agreements to the construction contracts. In the event changes to the construction documents are necessary which require a change order or supplemental agreement, the County's Project Engineer will provide the City Engineer with all pertinent information needed to prepare the change order or supplemental agreement. It shall be the responsibility of the City Engineer to prepare the actual change order or supplemental agreement document. All change orders and supplemental agreements shall be authorized by the City Engineer prior to incorporating the changes into the Project. Change orders and supplemental agreements affecting those portions of the Project funded by the County as well as the City must be authorized by both the County Engineer and the City Engineer prior to incorporating the change into the Project. It is further understood that all aspects of public relations for the Project shall be the responsibility of the City Engineer. IV All direct payments to the Contractor for work performed on said Project will be made by the City. The County Engineer or his designated representative shall cooperate with the City or its agents in the processing of contract payments. The County shall provide all necessary estimated quantities of completed contract work and will prepare the partial payment vouchers on forms provided by the City to permit the City to make partial and final payments in accordance with the contract specifications. -3- W L (,0 0-7 0 Agreement No. PW 73-19-99 CSAH 52; C.P. 9932 IX The City agrees. that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall not be more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. X The City shall install or cause the installation of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the traffic control signals and integral street lights included in the Project at the sole cost and expense of the City. Further, the City shall provide the electrical energy for the operation of said traffic control signals and integral streetlights at the sole cost and expense of the City. XI The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signals, however, nothing herein shall prohibit .prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signals may be directly involved in an emergency. XII Upon completion of this Project, the County shall thereafter maintain and repair said traffic control signals, including all components of the Emergency Vehicle Preemption (EVP) Systems, all at the sole cost and expense of the County. Further, the County, at its expense, shall maintain 110 volt power to the line side of the fuse in the base of the signal poles for the integral street lights. The City, at its expense, shall maintain the fuse, the luminaire and the wire to the load side of the fuse in the base of the signal poles. The EVP Systems included with this Project shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: (1) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The City will provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units. (2) Malfunctions of the EVP Systems shall be reported to the County immediately. (3) In the event said EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this -5- WL &E9 Agreement No. PW 73-19-99 CSAH 52; C.P. 9932 The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. The City also agrees that any contract let by the City or its agents for the performance of the work on CSAH 52 as provided herein shall include clauses that will: 1) Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and employees harmless from any liability, causes of action, judgments, damages, losses, costs, or expenses including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the Contractor, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this contract, and against all loss by reason of failure of the Contractor to perform fully, in any respect, all obligations under this contract; 2) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the Contractor to have and keep in force at all times during the term of this Agreement and beyond such term when so required, the following insurance coverages: 1. Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse and Underground Property Damage (XCU) Liability coverages: Limits General Aggregate Products--Completed Operations Aggregate Personal and Advertising Injury Each Occurrence - Combined Bodily Injury and Property Damage 2. Automobile Liability: Combined Single limit each occurrence coverage for bodily injury and property damage covering owned, non-owned, and hired automobiles: 3. Workers' Compensation and Employer's Liability: A. Workers' Compensation If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. B. Employer's Liability - Bodily injury by: Accident - Each Accident Disease - Policy Limit Disease - Each Employee -7- $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 Statutory $100,000 $500,000 $100,000 WL 60-0 Agreement No. PW 73-19-99 CSAH 52; C.P. 9932 XIX In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin County Engineer or his designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement, the City's Director of Public Works or his designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. XX 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. Any 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. XXI The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. (THIS SPACE LEFT INTENTIONALLYBLANK) • -9- ???-' 0 • • CONSTRUCTION COST (COUNTY SIGNAL) SUBTOTAL: COUNTY SUPPLIED EQUIPMENT (CONTROLLER & CABINET) TOTAL: DIVISION OF COST SUMMARY CITY PROJECT NO. 401-30-524 LOCATION: CSAH 52 AT 67TH ST. COST $183,861 $183,861 $15,000 $198,861 &E-/3 HENNEPIN CITY COUNTY $153,491 $30,370 $153,491 $30,370 $11,250 $3,750 $164,741 $34,120 HENNEPIN COUNTY AGREEMENT NO. PW 73-19-99 EXHIBIT "A" SHEET 1 OF 2 \vk' L AGENDA SECTION: CONSENT AGENDA ITEM # 6D REPORT # 42 -' STAFF REPORT COUNCIL MEETING: FEBRUARY 14, 2000 PERRY THORVIG, REPORT PREPARED BY: COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: IRE Consideration of extension of the agreement with the Ryan Companies US, Inc. to provide planning and development assistance in the Penn and 66th Street Area. RECOMMENDED ACTION: By Motion: Authorize the City Manager and Mayor to execute the attached agreement, which would expire June 30, 2000. II. BACKGROUND The City is committed to improving the appearance and function of the Penn Avenue and 66th Street (PASSS) area. In May 1998, the Ryan Companies US, Inc. entered into an agreement with the Housing and Redevelopment Authority (HRA) and the City of Richfield to provide assistance in formulating a redevelopment plan for the area. The essence of the agreement was that neither the HRA nor the City would provide tax increment financing (TIF) assistance or condemnation to a third party within the defined study area. The contract was extended once, a year ago to December 31, 1999. Ryan is seeking an extension through June 30, 2000. However, it is proposed that the attached agreement be modified such that the HRA is not precluded from working with other developers with proposals consistent with the overall concept plan being formulated. Should a developer have a feasible proposal, the HRA would notify Ryan that the site for the proposed development was being deleted from this 0214ryanagmt bb? agreement. (The developer would be required to pay a prorated portion of the cost of formulating the overall concept plan.) Ryan has been pursuing their responsibilities. Literally dozens and dozens of potential scenarios have been evaluated, and Ryan's marketing staff has conversed with potential users. However, none of the office warehouse, office showroom and office concepts have yet passed preliminary feasibility. In November, a new concept was identified which consisted of mixed use, commercial on the ground floor, and residential uses on the upper levels. Preliminary informational interviews have been held with people familiar with mixed use. The mixed use market has an interest in this area. Time is needed to explore this concept further and to complete the concept plan based on this new element. III. BASIS OF RECOMMENDATION A. POLICY B. ? c. D. ALTERNATIVE RECOMMENDATION(S) The extension was approved by the HRA on January 18, 2000. I IV. I V. • The City is committed to improving the appearance and functioning of the Penn Avenue and 66th Street (PASSS) area. CRITICAL ISSUES It is only recently that a potentially viable use has been identified. Additional time is needed to complete a concept plan which would reflect the mixed use potential. The "exclusive" nature of the agreement has been modified to make it possible to work with other developers should they have viable concepts. FINANCIAL • NA LEGAL Discontinue the agreement with Ryan. Propose modifications to the agreement. ATTACHMENTS Proposed agreement 16 VI. PRINCIPAL PARTIES EXPECTED AT MEETING 0 NA (PAJ -a AGREEMENT THIS AGREEMENT is made and entered into this day of , 2000, by and between the City of Richfield, Minnesota, a Minnesota municipal corporation ("city"), and the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, a Minnesota public body corporate and politic ("HRA") (City and HRA hereinafter collectively referred to as "First Parties") and Ryan Companies US, Inc., a Minnesota corporation (hereinafter "Ryan"). II. RECITALS First: Ryan is interested in pursuing the redevelopment of that certain area identified on Appendix A (hereinafter the "Redevelopment Area"); Second: Ryan is proposing redevelopment within the Redevelopment Area which may include office, restaurant, limited retail, office showroom and residential uses (hereinafter the "Redevelopment"); Third: The First Parties wish to cooperate with Ryan's efforts with Redevelopment and are willing to proceed as described in this Agreement; Fourth: The parties acknowledge that Ryan will expend substantial time and effort, and incur substantial expense in pursuing the Redevelopment; Fifth: Ryan is willing to undertake the above described activities with the reasonable assurance from the First Parties that they will support and cooperate with Ryan in its Redevelopment efforts; Sixth: The First Parties and Ryan have executed this Agreement to document their understanding with respect to the proposed Redevelopment. II. AGREEMENTS NOW THEREFORE, in consideration of the premises and mutual obligation of the parties contained herein, each of them does hereby represent, covenant and agree with the other as follows: Statement of Intent. It is the intention of the parties that Ryan will proceed with the development activities necessary to permit Redevelopment in a manner, and on terms and conditions, which are mutually acceptable to Ryan and First Parties. The parties acknowledge that in order for Redevelopment to be constructed, Ryan may at some point need financial and/or site assembly assistance from the First Parties. This Agreement does not, however, constitute either approval of such financial or site assembly assistance, nor I does it obligate the First Parties to provide such assistance. 2. Undertakina by Redeveloper. bb-- 3 Ryan intends to undertake and pursue certain activities with respect to the Redevelopment generally as outlined herein and within the terms of this agreement. Ryan's activities will include the following: site planning feasibility, the development of plans for the Redevelopment, application for necessary government approvals, and such other activities as would be customary and necessary to permit the Redevelopment. 3. First Parties' Undertakina and Aareement. The First Parties agree to cooperate with Ryan in Ryan's undertakings, and specifically agree that during the term of this Agreement the First Parties will not (i) provide or enter into an agreement for provision of financial assistance to any third party in connection with any proposed development within the Redevelopment Area, or (ii) except as may be necessary in connection with the provision of public improvements, condemn or agree to proceed with the condemnation of any property within the Redevelopment Area to assist or facilitate development within such area by any third party except the HRA is not precluded from working with developers with proposals consistent with the overall concept plan being formulated. Should a developer have a feasible proposal the HRA shall notify Ryan that the site for the proposed development was being deleted from this agreement. (The developer would be required to pay a prorated portion of the cost of formulating the overall concept plan.) 4. Term. The term of this Agreement shall be for a period of six months or June 30, 2000, provided that, either party may terminate this Agreement as to all or any portion of the Redevelopment Area upon thirty (30) days written notice to the other, in the event that: (a) the First Parties determines, in good faith, that Ryan is not diligently pursuing the Redevelopment, or (b) Ryan determines, in good faith, that the Redevelopment is not feasible. The First Parties may also terminate the Agreement for failure of Ryan to meet its obligations under paragraphs 5D or 5E. Ryan will provide the First Parties with written reports at least quarterly regarding the status of its activities hereunder. Any such notice shall be deemed delivered if either actually delivered, or if faxed and mailed to the parties at the following addresses: Ryan Companies US, Inc. Attn: Kent Carlson 700 International Centre 900 Second Avenue South Minneapolis, MN 55402-3387 Phone: 612/336-1200 Fax: 612/337-5552 Richfield Housing and Redevelopment Authority Attn: Executive Director 6700 Portland Avenue South Richfield, MN 55423 Phone: (612) 861-9760 Fax: (612) 861-8974 5. Miscellaneous. A. This Agreement constitutes the entire agreement between the parties relative to the proposed Redevelopment. Unless specifically described herein, no obligation shall be inferred or construed. B. As expansion of the foregoing, Ryan understands that further and separate action, for which no obligation is created hereunder, will be required before the First Parties are obligated to take various actions with respect to the Redevelopment. Those actions may include, without limitation: a. establishment of Project Area and Tax Increment District; b. agreements to provide tax increment or other financial assistance to the Redevelopment; C. zoning and subdivision approvals; d. acquisition of land within the Redevelopment Area by either voluntary purchase or condemnation (or both); and e. construction of public improvements to serve the Redevelopment C. Ryan further understands that many of the actions which the First Parties may be called upon to take require the reasonable discretion and in some instances the legislative judgement of the First Parties, such actions may be made only following established procedures; and the First Parties may not, by agreement, agree in advance to any specific decision in such matters. D. Ryan hereby indemnifies, holds harmless and agrees to defend, the First Parties, their officers, agents and employees from any claim or cause of action of whatever nature occasioned by or arising out of this Agreement or the First Parties performance thereunder. E. Ryan agrees that it will pay all reasonable costs and expenses incurred by the First Parties relating to the preparation of this Agreement and all actions taken by the First Parties in furtherance of their obligations hereunder. Such payment shall be made to the First Parties not later than 30 days following each request for payment accompanied with detail necessary to support such request. Such payment shall be made to the HRA in the following manner: 1) a $4,000 payment upon signing of the agreement and 2) additional increments of $4,000 as needed to maintain a working balance in the account. IN WITNESS WHEREOF, the parties have executed this Agreement effective the date and year first above written. 0 ('0-51 A. CITY OF RICHFIELD By: Its: By: Its: B. RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY By: Its: By: Its: RYAN COMPANIES US, INC. By: Its: By: Its: • AGENDA SECTION: CONSENT AGENDA ITEM # 6C REPORT # 41 STAFF REPORT COUNCIL MEETING: FEBRUARY 149 2000 KATIA MEDVETSKI, REPORT PREPARED BY: REDEVELOPMENT SPECIALIST NAME, TITLE BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR DEPARTMENT DIRECTOR REVIEW REVIEWED BY CITY MANAGER: NAME, TITLE 0-11' A:;e?9 _ J SIGNATURE d ? ITEM FOR COUNCIL CONSIDERATION: Consideration of Approval of Professional Services Agreements for 66th Street and Trunk Highway 77 Interchange Project. 1. RECOMMENDED ACTION: By Motion: Approve execution of ten (10) Professional Services Agreements for 66th Street and Trunk Highway 77 Interchange project contingent upon City Council and MAC approval of the Memorandum of Understanding (MOU) and the Agreement which provides funding from MAC. II. BACKGROUND On November 22, 1999, the City Council held a public hearing and approved the layout of improvements to the 66th Street and Trunk Highway 77 Interchange. Since then, staff has been working to identify a project team consisting of legal counsel, an acquisition relocation and negotiating consultant, and appraisers to prepare appraisers for real estate, review, and immovable fixture appraisals for the project. Due to the timing of the interchange construction and-the number of properties involved (30 parcels of land), staff determined that a larger team would be necessary to better service the property owners and tenants that are being displaced. Nine appraisal firms have been identified to undertake various appraisal 0214Apprais66 `work. An additional firm has been identified to provide technical assistance for acquisition negotiating and relocation services. 0 Fees for the, services have been submitted and are listed within the table below. Consultant BCL Appraisals, Inc. Patchin Messner Appraisals, Inc. Bakken, Liedl, Janssen, Day & Reach, Inc. Lunz Massopust Reid Decaster & Lammers Inc. Bettendorf Rohrer Knoche Wall, Inc. Colliers Towle Valuation and Consultation Services, Inc. Donald Hennessy Ramberg Appraisal Service Bettendorf Rohrer Knoche Wall, Inc. Conworth, Inc. Total Type of Service Fee Real Estate Appraisals $ 26,765.00 Real Estate Appraisals $ 20,500.00 Real Estate Appraisals $ 31,000.00 Real Estate Appraisals $ 39,500.00 Real Estate Appraisals $ 31,800.00 Real Estate Appraisals $ 25,500.00 Review Appraisals $ 11,060.00 Immovable Fixtures $ 5,885.00 Immovable Fixtures $ 5,800.00 Acquisition, Negotiation Services and Relocation $174,600.00 $372,410.00 All of the appraisers listed above have either worked with the City/HRA previously or were recommended by legal counsel. Conworth's work will be an extension of the services it is providing to the City for the 77th Street, Phase III, Underpass Project. All of these firms meet MnDOT standards. City staff analyzed billings related to the relocation work which was associated with . Shops at Lyndale. The number of business relocations in both areas is approximately the same. Their contact cost for this project is in line with the Shops at Lyndale experience. III. BASIS OF RECOMMENDATION A. POLICY Entering into Professional Services Agreements with the consultants listed above is a standard operating procedure for projects, which involve state and federal funding. Conworth, Inc. is the City's relocation consultant for the 77th Street Phase III project and has performed for the HRA for several years. B. CRITICAL ISSUES • For this process to begin both the City Council and MAC must approve the MOU and the funding agreement. C. FINANCIAL is 0 The above identified documents will provide the funding. D. LEGAL I (pl?'? • The City's legal counsel reviewed and approved the Professional Service Agreements being used for the project. E. TIMING • The goal is to begin the acquisition process in March and complete it with title and possession by December 31, 2000. IV. ALTERNATIVE RECOMMENDATION(S) • Delay approval of the Professional Service Agreements until the agreements with MAC are approved. • Do not approve the Professional Service Agreements for the chosen consultants. I V. ATTACHMENTS • NA VI. PRINCIPAL PARTIES EXPECTED AT MEETING S • NA 0 • 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 55421, 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 666, 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 Limited Summary appraisal reports for the properties listed on Exhibit A attached hereto no later than 90 days after the Appraiser is authorized to proceed. The fee for the Limited Summary appraisal reports shall be as listed on Exhibit A, If City subsequently requests that Appraiser prepare a complete Self-Contained appraisal report concerning the same property, Appraiser shall complete the Self-Contained appraisal report within 90 days following authorization to proceed with the report and the additional fee for the Self-Contained appraisal report shall be as provided in 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 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 (oc-q the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way Manual. Appropriate maps and plans for the Project will be furnished by the City. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to the Appraiser after completion of the services upon the presentation of a claim in the manner provided by law governing the City's payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City's policies against discrimination, no person shall be excluded from or denied the benefits of any service performed or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 2 (oC-5_? 0 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. 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. 1 U. 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. 3 (ac- Iv • 11. DEFAULT AND CANCELLATION a. If the Appraiser fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the Appraiser's default is excused, upon written notice to the Appraiser the City may immediately cancel the Agreement in its entirety. b. The City's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Any such consent shall apply only to the specific circumstances described in the writing granting the consent and in no event shall constitute a general waiver or relinquishment throughout the entire term of the Agreement unless specifically so stated. c. This Agreement may be cancelled with or without cause by either 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 I* Date: 4 (,oc 7 • CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2000, 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 2000, by , the of BCL Appraisals, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Signature of Person Taking Acknowledgment • Notarial Stamp Or Seal (Or Other Title Or Rank) 5 ? C-9 STATE OF MINNESOTA ) 0 )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of .. 2000, 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 2000, by , the of BCL Appraisals, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) • 6 0 Exhibit A Description of Properties to be Appraised and Appraisal Fees Additional Fee for Fee for Complete City Type of Limited Summary Self-Contained Parcel , Taking Property Address PID Number Report Report 3 Full Fee 6315 Cedar Avenue South 25-028-24-22-0003 $3,300.00 $825.00 4 Full Fee 6325 Cedar Avenue South 25-028-24-22-0004 $3,850.00 $960.00 5 Full Fee 6333 Cedar Avenue South 25-028-24-22-0060 $2,750.00 $690.00 6 Full Fee 6341 Cedar Avenue South 25-028-24-22-0007 $2,750.00 $690.00 7 Full Fee 6345 Cedar Avenue South 25-028-24-22-0008 $3,300.00 $825.00 23 Full Fee 6533 Cedar Avenue South 25-028-24-23-0007 $450.00 $450.00 24 Full Fee 6537-39 Cedar Avenue South 25-028-24-23-0008 $3,500.00 $875.00 26 Full Fee 1800 East 66"' Street 26-028-24-14-0064 $650.00 $ NA 29 Full Fee 1708 East 6e Street 26-028-24-14-0120 $450.00 $ NA 30 Full Fee 1700 East 66d' Street 26-028-24-14-0121 $450.00 $ NA TOTAL $21,450.00 $5,315.00 0 7 &e,fo 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 55421, ATTN: Katia Medvetski), hereinafter referred to as the "City" and Patchin Messner Appraisals, Inc., (whose address is Skyline Square Building, Suite 220, 12940 Harriet Avenue South, Burnsville, MN 55337, ATTN: Jason Messner), hereinafter referred to as "Appraiser WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the 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 Limited Summary appraisal reports for the properties listed on Exhibit A attached hereto no later than 90 days after the Appraiser is authorized to proceed. The fee for the Limited Summary appraisal reports shall be as listed on Exhibit A. If City subsequently requests that Appraiser prepare a complete Self-Contained appraisal report concerning the same property, Appraiser shall complete the Self-Contained appraisal report within 90 days following authorization to proceed with the report and the additional fee for the Self-Contained appraisal report shall be as provided in 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 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 (OC- ) I • payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City's policies against discrimination, no person shall be excluded from or denied the benefits of any service performed or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 2 (0c-/2 0 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 APPRAISER City Manager 0 4 k-l? 0 STATE OF MINNESOTA )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2000, 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 2000, by , the 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 ?C-I?D 9 Exhibit A Description of Properties to be Appraised and Appraisal Fees City Type of Parcel Taldng Property Address 3 Full Fee 6315 Cedar Avenue South 25 Full Fee 1820 East 66 h Street 27 Full Fee 1720 East 66U' Street PID Number 25-028-24-22-0003 26-028-24-14-0054 26-028-24-1.4-0118 TOTAL Fee for Limited Summary Report $6,000.00 $4,500.00 $3.000..00 $13,500.00 0 • Additional Fee for Complete Self-Contained Report $3,000.00 $2,250.00 $1,750.00 $7,000.00 6 (00-/(a REAL ESTATE APPRAISAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55421, 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". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the 66t` 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 0 Agreement. Appraiser shall complete Limited Summary appraisal reports for the properties listed on Exhibit A attached hereto no later than 90 days after the Appraiser is authorized to proceed. The fee for the Limited Summary appraisal reports shall be as listed on Exhibit A. If City subsequently requests that Appraiser prepare a complete Self-Contained appraisal report concerning the same property, Appraiser shall complete the Self-Contained appraisal report within 90 days following authorization to proceed with the report and the additional fee for the Self-Contained appraisal report shall be as provided in 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 ?C-11 payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City's policies against discrimination, no person shall be excluded from or denied the benefits of any service performed or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 2 0 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 ?C-(q 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 6 CaO STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2000, 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 2000, by , the 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) 0 5 Exhibit A Description of Properties to be Appraised and Appraisal Fees City Type of Parcel Taldng Property Address 1 Full Fee 6301 Cedar Avenue South 2 Full Fee 6311 Cedar Avenue South 7 Full Fee 6345 Cedar Avenue South 8 Full Fee 6405 Cedar Avenue South 9 and 6409 Cedar Avenue South 10 Full Fee 6417 Cedar Avenue South 20 Full Fee 6521 Cedar Avenue South 0 0 P1D Number 25-028-24-22-0001 25-028-24-22-0002 25-028-24-22-0008 25-028-24-23-0064 25-028-24-23-0065 25-028-24-23-0066 25-028-24-23-0004 TOTAL Fee for Limited Summary Report $3,500.00 $3,000.00 $3,000.00 $3,200.00 $3,300.00 $3,000.00 $19,000.00 Additional Fee for Complete Self-Contained Report $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $12,000.00 6 C`Q3 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 55421, 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 666' 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 Limited Summary appraisal reports for the properties listed on Exhibit A attached hereto no later than 90 days after the Appraiser is authorized to proceed. The fee for the Limited Summary appraisal reports shall be as listed on Exhibit A. If City subsequently requests that Appraiser prepare a complete Self-Contained appraisal report concerning the same property, Appraiser shall complete the Self Contained appraisal report within 90 days following authorization to proceed with the report and the additional fee for the Self-Contained appraisal report shall be as provided in 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 6C-;? 4 payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City.. The Appraiser shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City's policies against discrimination, no person shall be excluded from or denied the benefits of any service performed or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, • or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 4 2 C-3 S_ 0 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 -r 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 ? c-acs constitute a general waiver or relinquishment throughout the, entire term of the Agreement unless specifically so stated. c. This Agreement may be cancelled with or without cause by either party upon ten (10) days written notice to the other party. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the Appraiser with the activities of the City so as to accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall manage this Agreement on behalf of the City and serve as liaison between the City and the Appraiser. 13. RECYCLING PROGRAM The City encourages the Appraiser to develop and implement an office paper and newsprint recycling program. 14. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail to the other parry at the address stated in the opening paragraph of this Agreement. Approved as to legality, form and execution. KENNEDY & GRAVEN, CHARTERED City Attorney Date: CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager • 4 (0 c-a-7 STATE OF MINNESOTA ) 0 )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2000, 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 2000, by , the 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 (?C-d 9 • Exhibit A Description of Properties to be Appraised and Appraisal Fees Additional Fee for • • Fee for Complete City Type of Limited Summary Self-Contained Parcel Taldng Property Address PID Number Report Report 4 Full Fee 6325 Cedar Avenue South 25-028-24-22-0004 $3,500.00 $2,500.00 13 6429 Cedar Avenue South 25-028-24-23-0143 14 6437 Cedar Avenue South 25-028-24-23-0069 15 and 6441 Cedar Avenue South 25-028-24-23-0070 16 Full Fee 6445 Cedar Avenue South 25-028-24-23-0071 $4,500.00 $2,500.00 17 Full Fee 6501 Cedar Avenue South 25-028-24-23-0001 $3,500.00 $2,500.00 19 Full Fee 6511 Cedar Avenue South 25-028-24-23-0003 $4,000.00 $2,500.00 25 Full Fee 1820 East 66th Street 26-028-24-14-0054 $5,000.00 $2,500.00 27 Full Fee 1720 East 66th Street 26-028-24-14-0118 $4,000.00 $2,500.00 TOTAL $24,500.00 $15,000.00 6 (0 C_-a 1? 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 55421, 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 66th 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 Limited Summary appraisal reports for the properties listed on Exhibit A attached hereto no later than 90 days after the Appraiser is authorized to proceed. The fee for the Limited Summary appraisal reports shall be as listed on Exhibit A. If City subsequently requests that Appraiser prepare a complete Self-Contained appraisal report concerning the same property, Appraiser shall complete the Self-Contained appraisal report within 90 days following authorization to proceed with the report and the additional fee for the Self-Contained appraisal report shall be as provided in 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 ?C-30 payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR, The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City's policies against discrimination, no person shall be excluded from or denied the benefits of any service performed or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, Is 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 DOE -3/ 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 nonpublic 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 ?c 3a constitute a general waiver or relinquishment throughout the entire term of the Agreement unless specifically so stated. c. This Agreement may be cancelled with or without cause by either party upon ten (10) days written notice to the other party. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the Appraiser with the activities of the City so as to accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall manage this Agreement on behalf of the City and serve as liaison between the City and the Appraiser. 13. RECYCLING PROGRAM The City encourages the Appraiser to develop and implement an office paper and newsprint recycling program. 14. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail to the other parry at the address stated in the opening paragraph of this Agreement. Approved as to legality, form and execution. KENNEDY & GRAVEN, CHARTERED City Attorney. Date: CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager • 4 kl-33 STATE OF MINNESOTA ) ` )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2000, 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 2000, by , the 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 ?&?4 • Exhibit A Description of Properties to be Appraised and Appraisal Fees Additional Fee for 0 Fee for Complete City Type of Limited Summary Self-Contained Parcel Talung Property Address PID Number Report Report 1 Full Fee 6301 Cedar Avenue South 25-028-24-22-0001 $4,000.00 $1,800.00 11 Full Fee 6421 Cedar Avenue South 25-028-24-23-0067 $3,500.00 $1,800.00 12 Full Fee 6425 Cedar Avenue South 25-028-24-23-0142 $3,500.00 $1,800.00 21 Full Fee 6525 Cedar Avenue South 25-028-24-23-0005 $3,500.00 $1,800.00 22 Full Fee 6529 Cedar Avenue South 25-028-24-23-0006 $3,500.00 $1,800.00 28 Full Fee 1714 East 66th Street 26-028-24-14-0119 $3,000.00 $1,800.00 TOTAL $21,000.00 $10,800.00 L is 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 55421, 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. Skare), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the 66d` 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 Limited Summary appraisal reports for the properties listed on Exhibit A attached hereto no later than 90 days after the Appraiser is authorized to proceed. The fee for the Limited Summary appraisal reports shall be as listed on Exhibit A. If City subsequently requests that Appraiser prepare a complete Self-Contained appraisal report concerning the same property, Appraiser shall complete the Self-Contained appraisal report within 90 days following authorization to proceed with the report and the additional fee for the Self-Contained appraisal report shall be as provided in 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 $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 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 is 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 ? c-3 G payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Appraiser or other persons while engaged in the performance of any work or services required by the. Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City's policies against discrimination, no person shall be excluded from or denied the benefits of any service performed or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or. expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 2 Co e-3'*) 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 e 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 ?C-3 g 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 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 is 4 6c-3q STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2000, 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 2000, by , the of Colliers Towle Valuation and Consultation Services, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) • 5 r ?C-40 Exhibit A Description of Properties to be Appraised and Appraisal Fees 0 is City Type of Parcel Taking Property Address 9 and 6409 Cedar Avenue South 10 Full Fee 6417 Cedar Avenue South 13 6429 Cedar Avenue South 14 6457 Cedar Avenue South 15 and 6441 Cedar Avenue South 16 Full Fee 6445 Cedar Avenue South 17 Full Fee 650,1 Cedar Avenue South 18 Full Fee 6509 Cedar Avenue South 19 Full Fee 6511 Cedar Avenue South Fee for Limited Summary PID Number Report 25-028-24-23-0065 25-028-24-23-0066 $3,600.00 25-028-24-23-0143 25-028-24-23-0069 25-028-24-23-0070 25-028-24-23-0071 $4,000.00 25-028-24-23-0001 $4,000.00 25-028-24-23-0002 $1,800.00 25-028-24-23-0003 $3,600.00 TOTAL $17,000.00 Additional Fee for Complete Self-Contained Report $1,800.00 $2,000.00 $2,000.00 $900.00 $1,800.00 $8,500.00 6 6c_q? REVIEW APPRAISAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55421, ATTN: Katia Medvetski), hereinafter referred to as the "City" and Donald A. Hennessy, (whose address is 12568 Eagle Street NW, Coon Rapids, MN 55448), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the 661` 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 review appraisal reports for the properties listed on Exhibit A attached hereto no later than 120 days after the Appraiser is authorized to proceed. The fee for the review appraisal reports shall be as listed on Exhibit A. The fee for subsequent services, including attending meetings for coordination, strategy and pre-trial and hearings, if any, where Appraiser is required to attend or for preparation of further reports addressing the impact of environmental contaminants on the value of the property shall be at the rate of $70.00. The fee for and attendance at Commission hearings or District Court by the Appraiser shall be at the rate of $80.00 per hour. The fee for testimony as an expert witness in Commission hearings or District Court by the Appraiser shall be at the rate of $90.00 per hour. 2. SERVICES TO BE PROVIDED Appraisal reports prepared pursuant to this Agreement shall conform to recognized professional appraisal standards, the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way Manual. Appropriate maps and plans for the Project will be furnished by the City. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to the Appraiser after completion of the services upon the presentation of a claim in the manner provided by law governing the City's payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 6C-42- 0 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: (I) 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 6 C- L/3 • 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 6&(44 . 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 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 (0C-4-S 0 STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2000, 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 , 2000, by Donald A. Hennessy. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) 0 5 • (? e-u(10 Exhibit A Description of Properties to be Appraised and Appraisal Fees • 0 City Type of Parcel Taking Property Address 1 Full Fee 6301 Cedar Avenue South 2 Full Fee 6311 Cedar Avenue South 3 Full Fee 6315 Cedar Avenue South 4 Full Fee 6325 Cedar Avenue South 5 Full Fee 6333 Cedar Avenue South 6 Full Fee 6341 Cedar Avenue South 7 Full Fee 6345 Cedar Avenue South 8 Full Fee 6405 Cedar Avenue South 9 and Full Fee 6409 Cedar Avenue South 10 6417 Cedar Avenue South 11 Full Fee 6421 Cedar Avenue South 12 Full Fee 6425 Cedar Avenue South 13 6429 Cedar Avenue South 14 6437 Cedar Avenue South 15 and 6441 Cedar Avenue South 16 Full Fee 6445 Cedar Avenue South 17 Full Fee 6501 Cedar Avenue South 18 Full Fee 6509 Cedar Avenue South 19 Full Fee 6511 Cedar Avenue South PID Number 25-028-24-22-0001 25-028-24-22-0002 25-028-24-22-0003 25-028-24-22-0004 25-028-24-22-0060 25-028-24-22-0007 25-028-24-22-0008 25-028-24-23-0064 25-028-24-23-0065 25-028-24-23-0066 25-028-24-23-0067 25-028-24-23-0142 25-028-24-23-0143 25-028-24-23-0069 25-028-24-23-0070 25-028-24-23-0071 25-028-24-23-0001 25-028-24-23-0002 25-028-24-23-0003 6 Fee for Review AppraisalReport $510.00 $425.00 $$10.00 $480.00 $455.00 $430.00 $455.00 $425.00 $475.00 $425.00 $425.00 $495.00 $555.00 $290.00 $425.00 Exhibit A Description of Properties to be Appraised and Appraisal Fees Continued City Type of Fee for Review Parcel Taking Property Address PID Number AppraisalReport 20 Full Fee 6521 Cedar Avenue South 25-028-24-23-0004 $580.00 21 Full Fee 6525 Cedar Avenue South 25-028-24-23-0005 $445.00 22 Full Fee 6529 Cedar Avenue South 25-028-24-23-0006 $455.00 23 Full Fee 6533 Cedar Avenue South 25-028-24-23-0007 $170.00 24 Full Fee 6537-39 Cedar Avenue South 25-028-24-23-0008 $480.00 25 Full Fee 1820 East 6e Street 26-028-24-14-0054 $910.00 26 Full Fee 1800 East 66th Street 26-028-24-14-0064 $195.00 27 Full Fee 1720 East 66d' Street 26-028-24-14-0118 $480.00 28 Full Fee 1714 East 66 h Street 26-028-24-14-0119 $225.00 29 Full Fee 1708 East 6e Street 26-028-24-14-0120 $170.00 30 Full Fee 1700 East 66 h Street 26-028-24-14-0121 $170.00 TOTAL $11,060.00 0 7 IMMOVABLE FIXTURES APPRAISAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55421, 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 66t` 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 appraisal reports for the fixtures located within the properties listed on Exhibit A attached hereto no later than 90 days after the Appraiser is authorized to proceed. 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 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. 0 Gyq 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 famish 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 c-, 5: ? -0 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, 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 ?&S-/ 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 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 parry 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 (OC- 6-?2- STATE OF MINNESOTA ) • )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2000, 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 , 2000, by Roger A. Ramberg, the owner of Ramberg Appraisal Service. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) • 5 0 ? (?- 53 Exhibit A Description of Properties to be Appraised and Appraisal Fees • • City Type of Parcel Taldng Property Address 2 Full Fee 6311 Cedar Avenue South 3 Full Fee 6315 Cedar Avenue South 4 Full Fee 6325 Cedar Avenue South 5 Full Fee 6333 Cedar Avenue South 6 Full Fee 6341 Cedar Avenue South 7 Full Fee 6345 Cedar Avenue South 8 Full Fee 6405 Cedar Avenue South 9 Full Fee 6409 Cedar Avenue South 10 Full Fee 6417 Cedar Avenue South 11 Full Fee 6421 Cedar Avenue South 12 Full Fee 6425 Cedar Avenue South 13 Full Fee 6429 Cedar Avenue South 14 Full Fee 6437 Cedar Avenue South 15 Full Fee 6441 Cedar Avenue South 16 Full Fee 6445 Cedar Avenue South 17 Full Fee 6501 Cedar Avenue South 18 Full Fee 6509 Cedar Avenue South 19 Full Fee 6511 Cedar Avenue South 21 Full Fee 6525 Cedar Avenue South 22 Full Fee 6529 Cedar Avenue South PID Number 25-028-24-22-0002 25-028-24-22-0003 25-028-24-22-0004 25-028-24-22-0060 25-028-24-22-0007 25-028-24-22-0008 25-028-24-23-0064 25-028-24-23-0065 25-028-24-23-0066 25-028-24-23-0067 25-028-24-23-0142 25-028-24-23-0143 25-028-24-23-0069 25-028-24-23-0070 25-028-24-23-0071 25-028-24-23-0001 25-028-24-23-0002 25-028-24-23-0003 25-028-24-23-0005 25-02824-23-0006 6 Fee for Immovable Fixture Appraisal Report $220.00 $330.00 $220.00 $330.00 $440.00 $220.00 $330.00 $275.00 $275.00 $330.00 $330.00 $137.50 $137.50 $137.50 $137.50 $330.00 $110.00 $220.00 $220.00 $220.00 (oC-5-V Exhibit A Description of Properties to be Appraised and Appraisal Fees Continued Fee for City Type of Immovable Fixture Parcel Taking Property Address PlD Number Appraisal Report 24 Full Fee 6537-39 Cedar Avenue South 25-028-24-23-0008 $550.00 27 Full Fee 1720 East 66"' Street 26-028-24-14-0118 $220.00 28 Full Fee 1714 East 66d' Street 26-028-24-14-0119 $165.00 TOTAL $5,885.00 0 • 7 &C-,5s 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 55421, 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 66th 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 appraisal reports for the fixtures located within the properties listed on Exhibit A attached hereto no later than 120 days after the Appraiser is authorized to proceed. 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 by 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. 0 (0C-5( 0 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City's policies against discrimination, no person shall be excluded from or denied the benefits of any service performed or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees, resulting. directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 2 6 C-59 0 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 6C-59 constitute a general waiver or. relinquishment throughout the entire term of the Agreement unless specifically so stated. c. This Agreement may be cancelled with or without cause by either party upon ten (10) days written notice to the other party, 12. CONTRACT ADMINISTRATION In order to coordinate the services of the Appraiser with the activities of the City so as to accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall manage this Agreement on behalf of the City and serve as liaison between the City and the Appraiser. 13. RECYCLING PROGRAM The City encourages the Appraiser to develop and implement an office paper and newsprint recycling program. 14. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail to the other parry at the address stated in the opening paragraph of this Agreement. Approved as to legality, form and execution. KENNEDY & GRAVEN, CHARTERED City Attorney Date: CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager • 4 ?c5? STATE OF MINNESOTA ) 1 )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2000, 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 2000, by , the 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) 40 5 • ?C-6c) Exhibit A Description of Properties to be Appraised and Appraisal Fees • • City Type of Parcel Taldng Property Address 1 Full Fee 6301 Cedar Avenue South 20 Full Fee 6521 Cedar Avenue South 25 Full Fee 1820 E. 66d Street PID Number 25-028-24-22-0001 25-028-24-23-0004 26-028-24-14-0054 TOTAL 6 Fee for Fixture Appraisal Report $1,800.00 $1;000.00 $3,000.00 $5,800.00 CdC-&l Form of Contract Conworth, Inc. CONTRACT THIS AGREEMENT entered into this 14th day of February, 2000, by and between the City of Richfield, Minnesota, hereinafter referred to as the "Contractor" and Conworth, Inc. hereinafter referred to as the "Consultant." WITNESETH THAT: WHEREAS, the Contractor proposes to acquire certain property and desires that the Consultant furnish the Contractor certain services with respect to such property including and inclusive of the services described in Article A of this Contract and the Consultant represents that it is fully qualified to perform such services and will provide such services; and WHEREAS, the services to be provided under this Contract are necessary to achieve the purposes of the Contractor's project, the Uniform Real Property Acquisition and Relocation Policies Act of 1970 as amended and of the implementing regulations applicable thereto. NOW, THEREFORE, be it resolved that the Contractor and the Consultant, for the consideration and under the conditions hereinafter set forth, do agree as follows: A. Services 1. Acquisition of Properties a. The consultant will perform services related to the purchase of property including drafting of City Council letters related to setting just compensation; preparation and presentation of the offering letters, negotiations, organization and maintenance of the files in conformance with applicable regulations. 2. Residential Relocation Services Implementing the Project: a. The Consultant will distribute an information booklet on residential relocation assistance and all appropriate forms and data to each resident expected to be displaced. At this time the Consultant will: 1) Obtain a signed receipt for the informational booklet provided by the Consultant in accordance with applicable regulations. ? C-(a;?- . 2) Explain the residential relocation program and the resident's responsibilities to receive benefits. 3) Explain how to receive various kinds of assistance in finding replacement housing. 4) Survey the resident's relocation needs. 5) Advise residents of their right to appeal the amount of each payment and the services, as well as the procedure to follow. b. Upon the Contractor's initiation of negotiations to acquire the project site, the Consultant will: 1) Analyze existing data to determine eligibility of the resident's relocation expenses for compensation. 2) Assist the resident in determining the most advantageous payment alternatives to claim and provide further instructions on how to proceed. c. Moving Expense Claims. 1) Advise the resident of the two types of payment for moving; fixed payment schedule and actual reasonable moving expenses. 2) Review the fixed moving schedule and advise the resident of the benefits under the fixed payment move costs option. 3) If choosing the actual move costs option, advise the resident on procedure to obtain required bids. 4) Assist the resident when necessary in preparing moving specifications. 5) Act when appropriate as agent in regard to accepting bids. 6) Analyze the bids to determine their reasonableness. 7) Notify the resident of the low acceptable bids. 8) When appropriate inspect the move of personal property while in progress. 9) Assist the resident in assembling all invoices, paid receipts and other documentation necessary to substantiate the relocation claim. 0 10) When necessary analyze billings to determine their reasonableness. (0 C-03 11) Assemble the appropriate claim forms and documentation for signature and submission to the Contractor for approval. d. Replacement Housing Payment. 1) Determine eligibility of the resident to receive this relocation payment. 2) Survey the housing market and prepare a comparable housing analysis to determine the limit on amount of payment. 3) Inspect the replacement housing to determine if the dwelling meets the requirements of decent, safe and sanitary housing. 4) Analyze the mortgage data on the acquired and replacement dwellings to determine eligibility for an interest differential payment. 5) Assemble the appropriate claim forms and documentation for signature and submission for approval. e. Other. 1) The Consultant shall prepare, at the Contractor's request, the required and proper formats to be used by the Contractor in notifying occupant being displaced about their relocation eligibility and benefits to which they may be entitled. The Consultant will also, upon the Contractor's request, assist the Contractor in the preparation of the required notices to vacate for delivery to the residents. 2) The Consultant shall search for replacement sites for the residents being displaced and refer suitable, comparable housing found to each resident. The Consultant shall expend appropriate and necessary time searching for such referrals, documenting all time expended. The Consultant does not warrant that suitable referrals will be found. f. Recommendations. The Consultant will transmit to the Contractor the relocation claim(s) for its action. Recommendations will include the amount of payment to be made and any special considerations. Recommendations will be made in a detailed written format satisfying required regulations. g. In completing this Contract, the Consultant does not assume the responsibility for: 0 & C_(V? 1) Preparation of status reports. 2) Accounting and recordkeeping (except as related to the specific claim). 3) Arrangement of real estate closings on replacement housing. 4) Payment for replacement housing appraisals and moving cost estimates and/or bids. 5) Work associated with a relocation grievance. 3. Business Relocation Services Implementing the Project a. The Consultant will distribute an informational booklet on business relocation assistance and all appropriate forms and data to each business expected to be displaced. At this time the Consultant will: 1) Obtain a signed receipt for the informational statement provided by the Consultant in accordance with applicable regulations. 2) Explain the business relocation program and the business's responsibilities to receive benefits. 3) Explain how to receive various kinds of assistance in finding new locations. 4) Survey the business's relocation needs. 5) Advise the business's owner(s) of their right to appeal the amount of each payment and the services provided, as well as the procedure to follow. b. Upon the Contractor's initiation of negotiations to acquire the project site, the Consultant will: 1) Analyze the existing data to determine the appropriate documentation required and determine the eligibility of the business's relocation expenses for compensation. 2) Check the personal property inventory against the acquisition data to verify that each item on the inventory is personal property and eligible for relocation. 3) Assist the business in determining the more advantageous payment alternative to claim and provide further instructions on how to proceed. 0 c. Moving Expense Claims. 6 c-6s • 1) Assist the business in preparing specifications for work generally eligible for compensation. 2) Advise when necessary on procedure to obtain required bids. 3) Act when appropriate as agent in regard to accepting bids. 4) Analyze the bids to determine their reasonableness. 5) Notify the business of the low acceptable bid. 6) When appropriate inspect the move of personal property while in progress. 7) Assist the business in assembling all invoices, paid receipts, and other documentation necessary to substantiate its relocation claim. 8) When necessary analyze billings to determine their reasonableness. 9) When appropriate, advise claimant of eligible reestablishment costs and assist in assembling documentation of costs incurred. 10) Assemble the appropriate claim form and documentation for signature and submission for approval. d. Direct Loss Claims 1) Develop a moving cost estimate and secure a direct loss appraisal for each item not to be moved. 2) Obtain business and contractor approval of the appraisal and moving estimate. 3) Notify the business to proceed with the sale and provide instructions regarding necessary recordkeeping. 4) Assist when necessary in the preparation of advertising. 5) If necessary determine that bonafide sale requirements have been met. 6) Assist the business with preparation of necessary documents and obtain required certifications of sales receipts, advertising, and so forth. e. Fixed Payment Claims. • 6c-&(D 1) Determine eligibility of the business to receive this alternate payment. 2) Review and analyze IRS or other appropriate documents to determine limit of the payment. 3) Assemble the appropriate claim forms and documentation for signature and submission for approval. f. Other. 1) The Consultant shall prepare, at the Contractor's request, the required and proper formats to be used by the Contractor in notifying occupant being displaced about their relocation eligibility and benefits to which they may be entitled. The Consultant will also, upon the Contractor's request, assist the Contractor in the preparation of the required notices to vacate for delivery to the residents. 2) The Consultant shall search for replacement sites for the businesses being displaced and refer available suitable sites found to each business. The Consultant shall expend appropriate and necessary time searching for such referrals, documenting all time expended. The Consultant does not warrant that suitable referrals will be found. g. Recommendations. The Consultant will transmit to the Contractor the relocation claim(s) for its action. Recommendations will include the amount of payment to be made and any special considerations. h. In completing this Contract, the Consultant does not assume the responsibility for: 1) Preparation of status reports. 2) Accounting and recordkeeping (except as related to the specific claim). 3) Payment for direct loss appraisals, property analyses, and moving cost estimates and/or bids. 4) Work associated with a relocation grievance. 4. Relocation Planning Services The Consultant will provide relocation survey services which will include the following: (0 C -(0 -? a) An estimate of the number of households to be displaced including information such as owner/tenant status, rental rates of tenant-occupied properties to be acquired, family characteristics, and special consideration of the impacts on minorities, the elderly, large families, and the handicapped when applicable. b) An estimate of the number of comparable replacement dwellings in the area (including price ranges and rental rates) that are expected to be available to fulfill the needs of those households displaced. c) An estimate of the number, type, and size of the businesses to be displaced and the approximate number of employees that may be affected. d) Consideration of any special relocation advisory services or possibility of last resort housing needs that may be required for the project relocations. B. Data to be Furnished by Contractor. The Contractor does hereby agree to furnish to the Consultant any such and all data, documents, studies, surveys, reports, or other materials and services mutually agreed upon by the Contractor and the Consultant as being relevant to this effort. All such data, documents, studies, surveys, reports and other materials and services shall be provided to the Consultant in a timely manner in light of the purpose of this Contract. C. Compensation. The Contractor agrees to make monthly payment to the Consultant in the amount of $65.00 per hour, portal to portal, for each and every hour expended. All office overhead, secretarial services and other supportive services shall be included within such hourly charge not to exceed $174,600. D. Method of Payment Monthly requisitions will be made subject to receipt of an invoice from the Consultant specifying the time and subject matter for which it has performed the work under this Contract, and that it is entitled to receive the amount requisitioned under the terms of the Contract. The Contractor will make payment on such invoices within 35 days from submission; provided, however, that payment shall not be made for any incomplete, inaccurate, or defective work until same is remedied by Consultant without additional cost to the Contractor. E. Scope of Work. To provide services as delineated in the Contract in support of the 66th St. and TH Highway 77 Project. V-bg 0 F. Court Preparation. It is understood and agreed that the amount of compensation stated above does not include necessary court preparation and testimony, and that in the event the testimony of the Consultant is required in any legal proceeding in connection with the relocation of occupants for the project. The Consultant agrees to bring its file up to date, to make the necessary preparations for testimony, and to appear as a witness on behalf of the Contractor on the dates required, and further agrees that the fair and reasonable compensation for its services shall be at the rate of $260 per half day, plus necessary and reasonable travel expenses. Any part of a day less than four hours expended by the Consultant shall constitute a half-day for the purpose of this section of this Contract. G. Contract Period. The'Consultant shall commence performance of this Contract upon execution of this Contract, after the release of the project by the Contractor, and shall complete performance of this Contract no later than sixty (60) days after the last occupant of real property has filed their final relocation claim. H. Interest of Certain Federal Officials. No member of or delegate to the Congress of the United States, and no other Federal Official, shall be admitted to any share or part of this contract or to any benefit to arise herefrom. 1. Covenant Against Contingent Fees. The Consultant warrants that it has not employed or retained any company or persons, other than a bonafide employee or technical subcontractor working solely for the Consultant, to solicit or secure this Contract, and that it has not paid or agreed to pay any company, or person other than a bonafide employee or technical subcontractor working solely for the Consultant any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Contract. For breach or violation of this warranty, the Contractor shall have the right to annul this Contract with liability. J. Changes in Contract The Contractor or the Consultant may, from time to time, request changes in the scope of the services to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the Contractor and the Consultant shall be incorporated in written amendments to this contract. 6C-69 0 K. Termination of Contract. The Contractor or the Consultant may terminate this Contract or renegotiate this Contract upon thirty (30) days written notice of such. In the event of termination, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by the Consultant under this Contract shall be disposed of according to Contractor directives and the Consultant shall be entitled to compensation for any unreimbursed expenses reasonably and necessarily incurred in satisfactory performance of this Contract. L. Extent of Agreement. This Contract represents the entire and integrated agreement between the Consultant and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This Contract may be amended only by written instrument signed by both Consultant and Contractor. M. Personnel. 1. The Consultant represents that it has or will secure all personnel required in performing the services under this Contract as provided above. 2. All of the services required hereunder will be performed by the Consultant or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. N. Non-Discrimination. The Consultant will not discriminate against any employee, or applicant for employment because of race, creed, color, sex, national origin, religion, marital status, disability, status in regard to public assistance, or age. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, national origin, religion, marital status, disability, status in regard to public assistance, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contractor setting forth the provisions of this nondiscrimination clause. In addition, the Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, marital status, disability, status in regard to public assistance, or age. 6e-a() • 0. Interest of Members of Contractor No member of the governing body of the locality in which the project is situated, and no other officer, employee, or agent of the Contractor who exercises any functions or responsibilities in connection with the carrying out of services to which this contract pertains, shall have any personal interest, direct or indirect, in this Contract. P. Interest of Consultant. The Consultant covenants that it presently has no interest and shall not acquire throughout the duration of this Contract any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Consultant further covenants that in the performance of this Contract no person having such an interest shall be employed. Q. Workmen's Compensation. The Consultant, at its expense, shall provide Workmen's Compensation insurance coverage for all of its employees involved in the performance of this Contract. R. Copyright. If this Contract results in any book or other copyrightable material, the Consultant is free to copyright the work, but the Contractor will have the right of royalty free, non- exclusive and irrevocable right to reproduce, publish or otherwise use the work for government purposes. S. "Attachment C" is hereby made a part of the Contract. "Attachment C" consists of two pages containing ten numbered paragraphs. IN WITNESS WHEREOF, the Contractor and the Consultant have executed this Contract on or as of the date above written. By: Attest: Conworth, Inc. Its: By: Attest: Conworth, Inc. 0 Its: 6 c-7i By: Its. Mayor By: Its City Manager Attest: Attest: Attachment "C" -1- RIGHT TO AUDIT. To insure compliance with all applicable Federal regulations and laws, the Commissioner on the Minnesota Department of Transportation, hereinafter referred to as the "Commissioner," or his representative, shall have the right to audit, evaluate and monitor, as deemed necessary, the work to be performed under this Agreement. In addition, as provided under Minn. Stat. Sec. 16.095, all books, records, documents and accounting procedures and practices of the City of Richfield hereinafter referred to as "Contractor, are subject to examination by the Commissioner or his authorized representative and either the legislative auditor or the State auditor as appropriate. -2- INSPECTION OF WORK. The Commissioner shall, at all times during the agreement and for the three (3) years from the date of the final payment of Federal funds to the State with respect to the project, be accorded proper facilities for inspection of the work hereunder and shall at all times have access to the premises, to all books, records, correspondence, instruction, receipts, vouchers, memoranda of every description pertaining to the work hereunder. The Federal Highway Administration shall have the same right of inspection as accorded the Commissioner herein. -3- RECORDS. Contractor shall maintain accurate records as to all costs incurred in connection with the subject of this agreement and shall produce or cause to be produced for examination bills, invoices, vouchers and other reports and information at such reasonable time and place as may be designed by the Federal Highway Administration or by the Commissioner or his duly authorized representatives and shall permit extracts and copies to be made thereof. -4- w ? C- *")J- COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State and local laws, together with all ordinances and regulations applicable to the work. -5- NONDISCRIMINATION REGULATIONS. During the performance of this agreement, Contractor itself, its assignees and successors in interest agrees to comply with Title VI of the Civil Rights Act of 1964, as amended. Accordingly, 49 Code of Federal Regulations (CFR) 21 through Appendix H and 23 CFR 710.405 (b) are made a part hereof by reference with the same force and effect as though fully set forth herein. -6- MINORITY BUSINESS ENTERPRISE POLICY. It is the policy of the Federal Department of Transportation and the State that Disadvantaged Business Enterprises and Women Business Enterprises as defined in 49 CFR, Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the requirements of 49 CFR, Part 23, apply to this agreement. In this regard, Contractor shall take all necessary and reasonable steps in accordance with 49 CFR, Part 23, to insure that Disadvantaged Business Enterprises and Women Business Enterprises have the maximum opportunity to compete for and perform on contracts and subcontracts. The Contractor shall not perform on contracts and subcontracts. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of federally funded contracts under the terms of this agreement. Failure to carry out the above requirements shall constitute a breach of this agreement by the State, and possible debarment from performing other contractual services with the Federal Department of Transportation. -7- ANTITRUST CLAUSE. Contractor hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this agreement resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. -8- SUBLETTING. The services of the consultant to be performed hereunder shall not be assigned, sublet, of transferred unless written authority to do so is granted by the County. This written consent shall in no way relieve the Consultant from primary responsibility for performance of the work. -9- WORKERS' COMPENSATION. Evidence of workers' compensation insurance coverage shall be provided to the City prior to beginning any work. -10- oe OWNERSHIP OF DOCUMENTS. Any reports, studies, photographs, negatives, of other documents prepared by contractor in the performance on its obligation under this contract shall be the exclusive property of the City and all such material shall be remitted to the City by Contractor upon completion, termination, or cancellation of this contract. Contractor shall not use such material for any purpose other than performance of Contractor's obligation under this contract without the prior written consent of the City. M 0 AGENDA SECTION: CONSENT AGENDA ITEM # 6B REPORT # 40 * mmga STAFF REPORT • COUNCIL MEETING: FEBRUARY 14, 2000 KATIA MEDVETSKI, REPORT PREPARED BY: REDEVELOPMENT SPECIALIST NAME, TITLE • REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of Approval of Professional Services Agreements for Appraisal Work for 77th Street, Phase III, Underpass Project. 1. RECOMMENDED ACTION: By Motion: Approve four (4) Professional Services Agreements for Appraisal Work for 77th Street, Phase III, Underpass Project. • II. BACKGROUND On September 27, 1999, the City Council authorized the execution of an agreement to hire Conworth, Inc. to provide the City with technical assistance for the right-of-way acquisition and relocation for the 77th Street, Phase III, Underpass Project. Within the past few months, staff has been working with legal counsel to identify a team of appraisers to prepare real estate appraisals and immovable fixture appraisals for the project. Fees for the appraisal work have been submitted for the project and are listed within the table. Please note that within the project, there are six properties which require appraisals. The fees indicated represent work for only five properties since one property has already been processed on a hardship acquisition basis. 0214Apprais77 c06-1 Appraiser BCL Appraisals, Inc. Patchin Messner Appraisals, Inc. Donald Hennessy Ramberg Appraisal Service Type Appraisal Real Estate j Real Estate Review Appraisals Immovable Fixtures Total Fee $21,500.00 $24,000.00 $ 3,120.00 $ 1,000.00 $49,620.00 All of the appraisers listed above, except for Ramberg Appraisal Service, have worked with the City previously on many projects. Roger Ramberg of Ramberg Appraisal Service has worked with legal counsel in the past for other clients and was recommended to the City for work involving valuing immovable fixtures and preparing reports related thereto. All the appraisers meet Minnesota Department of Transportation (MnDOT) standards. III. BASIS OF RECOMMENDATION I A. POLICY • Entering into Professional Services Agreements with appraisers is a standard operating procedure for projects which involve state and federal funding. • B. CRITICAL ISSUES The City is currently awaiting project approval from the MnDOT for the Right-of-Way Plan and authorization to expend federal dollars. No appraisal work will begin until final authorization is given on the project to the City from MnDOT. Final approval is imminent. C. FINANCIAL • There are no significant financial issues. • Contractual defaults are addressed within the Professional Services Agreements which limit the City's risk under the agreement. D. LEGAL • The City's legal counsel reviewed and approved the Professional Service Agreements being used for the project and it meets MnDOT standards. I E. TIMING • At this time the goal is to have title and possession of these properties by December 31, 2000. IV. ALTERNATIVE RECOMMENDATION(S) (p? • Delay approval of the Professional Service Agreements until after MnDOT . provides final project approval. • Do not approve the Professional Service Agreements for the chosen appraisers. V. PRINCIPAL PARTIES EXPECTED AT MEETING NA • 0 . MEAL 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 55421, ATTN: Katia Medvetski), hereinafter referred to as the "City" and BCL Appraisals, Inc., (whose address is 2820 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 77th Street Phase III Project, (S.P. 157-108-30; C.P, 431-30-672); 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 Limited Summary appraisal reports for the properties listed on Exhibit A attached hereto no later than 90 days after the Appraiser is authorized to proceed. The fee for the Limited Summary 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 testimony by the commercial-industrial MAI Appraiser shall be at the rate of $200.00 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. 0 0-3 ?06-q • 3. PAYMENT FOR SERVICES Payment for services shall be made directly to the Appraiser after completion of the services upon the presentation of a claim in the manner provided by law governing the City's payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City's policies against discrimination, no person shall be excluded from or denied the benefits of any service performed or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. • 2 i 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. 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. 40 3 ?8+ 11. DEFAULT AND CANCELLATION, a. If the Appraiser fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the Appraiser's default is excused, upon written notice to the Appraiser the City may immediately cancel the Agreement in its entirety. b. The City's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Any such consent shall apply only to the specific circumstances described in the writing granting the consent and in no event shall constitute a general waiver or relinquishment throughout the entire term of the Agreement unless specifically so stated. c. This Agreement may be cancelled with or without cause by either 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 0 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. 0 Approved as to legality, form and execution. KENNEDY & GRAVEN, CHARTERED City Attorney Date: 4 ?B-? • CITY OF RICHFIELD STATE OF MINNESOTA City Manager STATE OF MINNESOTA COUNTY OF )SS. APPRAISER The foregoing instrument was acknowledged before me this day of 2000, 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 0 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 2000, by i the of BCL Appraisals, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Signature of Person Taking Acknowledgment • Notarial Stamp Or Seal (Or Other Title Or Rank) 5 • r • V-9 City Parcel 1 2 4 5 6 Exhibit A Description of Properties to be Appraised and Appraisal Fees Type of Taking Partial Partial Full Fee Full Fee Full Fee Property Address 1620 - East 7e Street 1640 - East 78 h Street 7636 Cedar Avenue South 7625 - 18th Avenue South 7600 Cedar Avenue South PID Number 35-028-24-44-0008 35-028-24-44-0007 35-028-24-44-0004 35-028-24-44-0003 35-028-24-44-0025 TOTAL Fee for Limited Summary Report $2,200.00 $4,400.00 $8,200.00 $3,200.00 $3,500.00 $21,500.00 6 6B-q • 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 55421, ATTN: Katia Medvetski), hereinafter referred to as the "City" and Patchin Messner Appraisals, Inc., (whose address is Skyline Square Building, Suite 220, 12940 Harriet Avenue South, Burnsville, MN 55337, ATTN: Jason Messner), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the 77 h Street Phase III Project, (S.P. 157-108-30; C.P. 431-30-672); 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 firrnish services to the City in accordance with, the terms of this • Agreement. Appraiser shall complete Limited Summary appraisal reports for the properties listed on Exhibit A attached hereto no later than 90 days after the Appraiser is authorized to proceed. The fee for the Limited Summary 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 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. is 4. INDEPENDENT CONTRACTOR &M0 • payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City's policies against discrimination, no person shall be excluded from or denied the benefits of any service performed or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, i or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 2 66-11 • 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 (06-12- 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 6B-l3 STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2000, 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 2000, by , the 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 City Fee for Parcel Type of Limited Summary Taking Property Address PID Number Report 1 Partial 1620 - E. 78th Street 35-028-24-44-0008 $4,500.00 2 Partial 1640 - E. 78 h Street 35-028-24-44-0007 $4,500.00 4 Full 7636 Cedar Avenue 35-028-24-44-0004 $7,500.00 5 Full 7625 - Ie Avenue 35-028-24-44-0003 $3,500.00 6 Full 7600 Cedar Avenue 35-028-24-44-0025 $4,000.00 TOTAL $24,000.00 • • 6 REVIEW APPRAISAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55421, ATTN: Katia Medvetski), hereinafter referred to as the "City" and Donald A. Hennessy, (whose address is 12568 Eagle Street NW, Coon Rapids, MN 55448), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the 77 h Street Phase III Project (S.P. 157-108-30; C.P. 431-30-672); and WHEREAS, there are funds available for the purchase of these services. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the City and the Appraiser agree as follows: 1. TERMS AND COST OF THE AGREEMENT, The Appraiser agrees to furnish services to the City in accordance with the terms of this Agreement. Appraiser shall complete review appraisal reports for the properties listed on a Exhibit A attached hereto no later than 120 days after the Appraiser is authorized to proceed. The fee for the review appraisal reports shall be as listed on Exhibit A. The fee for subsequent services, including attending meetings for coordination, strategy and pre-trial and hearings, if any, where Appraiser is required to attend or for preparation of further reports addressing the impact of environmental contaminants on the value of the property shall be at the rate of $70.00. The fee for and attendance at Commission hearings or District Court by the Appraiser shall be at the rate of $80.00 per hour. The fee for testimony as an expert witness in Commission hearings or District Court by the Appraiser shall be at the rate of $90.00 per hour. 2. SERVICES TO BE PROVIDED, Appraisal reports prepared pursuant to this Agreement shall conform to recognized professional appraisal standards, the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way Manual. Appropriate maps and plans for the Project will be furnished by the City. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to the Appraiser after completion of the services upon the presentation of a claim in the manner provided by law governing the City's 6 ?-icy • payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City's policies against discrimination, no person shall be excluded from or denied the benefits of any service performed or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 2 i 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 e 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, 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 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 paragraph of this Agreement. Approved as to legality, farm and execution. KENNEDY & GRAVEN, CHARTERED City Attorney Date: CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager • 4 &B-0 STATE OF MINNESOTA ) 0 )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2000, 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 , 2000, by Donald A. Hennessy. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) 5 B -ao Exhibit A Description of Properties to be A ppraised and Appraisa l Fees City Type of Fee for Review Parcel Taking Property Address PH) Number Appraisal Report 1 Partial 1620 - East 7e Street 35-028-24-44-0008 $435.00 2 Partial 1640 - East 7e Street 35-028-24-44-0007 $525.00 4 Full Fee 7636 Cedar Avenue South 35-028-24-44-0004 $1,050.00 5 Full Fee 7625 - 18t" Avenue South 35-028-24-44-0003 $450.00 6 Full Fee 7600 Cedar Avenue South 35-028-24-44-0025 $660.00 TOTAL $3,120.00 • • 6 (a6-al 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 55421, 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 77w Street Phase III Project, (S.P. 157-108-30; C.P. 431-30-672); 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 appraisal reports for the fixtures located within the properties listed on Exhibit A attached hereto no later than 90 days after the Appraiser is authorized to proceed. 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 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. • ?g-aa 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City's policies against discrimination, no person shall be excluded from or denied the benefits of any service performed or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees,, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 2 8-a3 i 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 (06-a? 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 parry 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 66-as- STATE OF MINNESOTA ) 0 )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of . , 2000, 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 , 2000, by Roger A. Ramberg, the owner of Ramberg Appraisal Service. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) s &/3 -a. el? Exhibit A Description of Properties to be Appraised and Appraisal Fees Fee for City Type of Immovable Fixture Parcel Taking Property Address PID Number Appraisal Report 4 Full Fee 7636 Cedar Avenue South 35-028-24-44-0004 $1,000.00 TOTAL $1,000.00 • 6 • 0 0 AGENDA SECTION: CONSENT AGENDA ITEM # 6A REPORT # 39 ? U- 'l REPORT PREPARED BY: REPORT PRESENTER: STAFF REPORT CITY COUNCIL MEETING FEBRUARY 14, 2000 DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MICHAEL LANIGAN, MANAGER, RICH ACRES GOLF COURSE NAME, TITLE STEVE DEVICH, ADMINISTRATIVE SERVICE DIRECTOR NAME, TITLE SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of a contract to auction remaining Rich Acres Golf Course equipment and inventory. 1. I Ii. RECOMMENDED ACTION: By Motion: Approve Soderholm Commission Company to auction off remaining Rich Acres inventory. BACKGROUND Due to airport expansion, Rich Acres Golf Course is closed and the property needs to be vacant by March 31, 2000. With no other sites or locations for a golf course in the near future, all the remaining equipment and inventory is not needed for other City functions. Therefore it is recommended these items be sold. An auction would be the City's best option in completing such a cumbersome sale. toA-1 1 111. BASIS OF RECOMMENDATION A. POLICY I • The City must and will comply with the terms of the golf course lease to vacate the Rich Acres site. B. CRITICAL ISSUES • Property must be vacated by Friday, March 31, 2000. • The auction must be held prior to this date or equipment moved and stored. • City staff has talked with and received proposals from several auctioneers. Soderholm appears to be the best overall and financially favorable proposal. C. FINANCIAL I • An auction would provide a very cost effective method to sell these items. • An auction would likely provide the City with the most revenue for sale of these assets. • D. LEGAL I • City property must be sold in accordance with applicable law. The auction process fulfills our legal obligation with respect to the sale of City assets. IV. ALTERNATIVE RECOMMENDATION(S) • Locate a storage facility for equipment, which has no value to other city departments. • Sell equipment and inventory by individual bids. V. ATTACHMENTS I • Soderholm Commission Company proposal for auction. • List of equipment and inventory to be auctioned. VI. PRINCIPAL PARTIES EXPECTED AT MEETING Mike Lanigan, Rich Acres Golf Course Manager 40 RICH ACRES GOLF COURSE CLUBHOUSE INVENTORY Ball mark repair tool ---T-'blue greens marker Ball mark repair tool 1 chrome Banquet table 36x72'x29 1 Baskets Range picker 25 Baskets ranger ball holder 3 green witeck Baskets Rental Large 99 Mod. 76260 Baskets Stacking 43 Mod. 76100 Beer dispenser, 3 spigot w/attach. drain & lines with 17 beer pitchers 1 5"x12"x4" Caddy Rack Economy (yellow) 6 77525 (Wittek) Chair caddy - brown metal / with 40 Chair 1 Chairs Secretarial (brown twill) 1 ChairsBrown office (Hon) 1 Clock - Westclox 2 Clock with light 1 Coors Extra Light beer clock club car protable ranger cover 1 Nylon netting portable Wittek Computer table metal w/printer stand, 3646" 1 Cups 16 oz coke 1000/case 1 Cups 22 oz coke 12001case 1 ea Desk lamp Black metal 1 Desk organizer 1 12"x58"x18" 14 slots Desk steel, darts drn oak top 36"x72" 1 Pc. Desk Steel, gray • 1 Desk Steel, tan, oak top, 30"x66" 2 pc. Floor mats for desk 2 Heavy clear plastic Floor Safe Hayman Depository 1 8"x14"x14" Gardall Safe Gardeall interior lock box 1 45"x26"x27" Gloves Golf Daiwa Cabretta 79 gloves Gloves golf Daiwa Ultimite 24 gloves Grill w/stand 24" & Broiler w/stand 24" (with accessories 1 SOU SG-24 / SOU SCBC-24R Hard hats plastic 3 • Indoor Driving Range (winter) 1 Indoor Driving Range (winter) 1 PC. - Net, 401 x 16'W x 231 x 10'W Indoor Driving Range (winter) 3 target nets, 9'W x 101 ?- Indoor Driving Range (winter) Assorted alumn. pipe & fittings (insulated) Indoor Driving Range (winter) 3 Pc. rubber mats, 48" x 5T' Indoor Driving Range (winter) 2 PCs. - net divider, tri-angular shape Tx 6' Indoor Driving Range (winter) 6 PCs. -.baffels Jar ball holders display 2 white & green Key Cabinet Locking 2 steel tan 21 1/2" x 171/2" Key Tags various colors 200+ Meat Slicer Univex about 1993 1 mod 6509 ser 65094900072 Packard Bell 486ES computer, w 14" color/mopnitor (ghin) 1 Mod. 7939 (key pad) Phone 1 GE black push button Phone Comdial phone (Brown push button) 1 Mod 3528-MW Phone cordless Radios shack 1 " 900 MH 9 memory number Phone Radio Shack 1 2 line and speaker Phone stand & wall display 1 oak Pin markers 2 Chrome and white Pull carts "Bag Boy" rental black 18 Pull carts (Kroozin) 26 Putting green pins #1418 plus extras 24 Wittek Red Range ball picker tubes 10 Range balls Spalding Used - Super Range 850 doz. Range mats 5' x 5' rubber range mats 48!'x 60" 3 Realistic weather radio 1 Mod. 12-140 Room dividers 2 light green 6x5' Rubber range mat tees 350 Rubbermaid utility cart 1 MOD 62-4520 Shelving w/brackets brown metal 3 Sign Holder 1 black metal Slated tokens 1.2 M Step Stools 2 metal 2 step Stools 30" light oak 7 Table Steel 1 24"x24"x24" ?P-3 Tees (White - 21/8" (pre-packaged) Time card rack Toaster 4-slice Savory Typewriter IBM Personal Wheelwriter Typewriter table Vacuum cleaner Whose & attach. Work bench, natural wood, 2T' x 69'x 40" (Fab.) • MAINTENANCE AREA Numerous Misc Tools and shop equipment still being inventoried 4 cases 10,000/case 1 Mod. PD4Ser PD0013370 1 MOD 6781/ Serl l-M27729 1 Brown & black dark oak top 1 Sanitaire Quick Kleen #SC886 EQUIPEMNT FOR CENTRAL GARAGE FOR AUCTION, NOT NEEDED IN OTHER DEPARTMENTS MYERS GREENS SPRAYER 16 1 Myers Fairway Sprayer 22 1 4539-CH Homelite trash pump 31 1 Mod. 120TP3-10/SN H0207141 Cushman Tee Aerifyer, 1/2 coring 32 1 A00264761 hydraulic lift system A0023828 Toro Fairway Mower - Range 34 1 Mod. #33787/Ser 40030 1990 Toro Aerator 52 1 #00511 1991 Toro 223D Fairway Mower 56 1 Mod. 93500 ser #223 1992 Greensmaster 3000 (3 cutting units) 57 1 Ser# 20696 Mod. 03410 SN 10772,10324, 10791 1992 Toro reelmaster 5100D (5cutting units) 60 1 Ser#20330 Mod03502fSN20407-20412 1992 Reelmaster 216 (3 cutting units) 61 1 Ser#20179 Mod. 03410/SN80291,20111,70348 1993 Range Tractor 62 1 Mod. 1120 AB4 1993 Greensmaster (3cutting unit) 64 1 Mod. 04350 SN 30546/ Sn30546,31742,31743 1993 Toro Trap Rake 5000 65 1 Mod. 0881 /SN 30154 1994 Cushman Truckster 66 1 Mod. 898630/SN94003018 1994 E-Z Go 69 1 Mod. Tuff 1 SN A32471 1994 Greensmaster 70 1 Mod. 04350/SN04350 1995 Toro Aerator 71 1 Mod. 09110 Ser# 50323 1995 Toro Greens Master 3000 73 1 Mod. 04350 Ser# 50791 3 cutting units mod 09468 SN 51502-51504 3 verti-groomers mod 04455 1996 Toro Workman 75 1 Ser#50132 1996 Toro Topdresser 76 1 Ser#50276 1996 Toro Greensmaster 3000 77 1 Ser#60191 1996 Toro 216 Tri-Plex 79 1 Ser#60333 1996 Ford Tractor 81 1 Ser#4T23769 0 SODERHOLM COMMISSION COMPANY Areas's Foremost Real Estate Auctioneers • QRpFESSIONq? q??Ts January 8, 2000 Joe Soderhohn, Auctioneer MN #27-37 Mike Lanigan Rich Acres Golf Course 6700 Portland Ave So. Richfield, MN 55423 Dear Mike: - 0 This letter is in response to our meeting on Thursday Jan 6 regarding your prospective upcoming Auction. I also enjoyed meeting Mr. Boravansky and would feel very comfortable working with him also. Your equipment ap- pears to be in excellent condition and looks great. A list has been made of the equipment, parts and I have enclosed a copy of our Auction Contract also. The photos turned out excellent. I think your planned March date will be perfect. We would be pleased to conduct the Auction and would like to start mar- keting your equipment as soon as possible. Other Golf Courses and related industries are considering and purchasing equipment now. The sooner they know about your equipment the more interest we will have on the day of the Auction. Many of the Buyers will need pre-approval from their Board of Directors. We will supply the following: • $1,000,000 Liability Insurance Policy Auction Trucks and Trailers 4 State of the Art Sound Systems Computerized Clerking & Cashiering 3 Professional Auctioneers, 2 Ringmen, 3 Clerks & Cashiers Visa & Master Charge Equipment Prior Showing of Equipment & Merchandise to'be sold ?SR 1.UC110N[[??.r axtu.ro s ? 5030 Iiwy 12 Office: (612) 479-3000 Cell: 720-5300 Maple Plain, MN 55359 Fax: 479-FAX4 *0K T Composition & Placement of All Marketing, Advertising, Mailing, etc. Use of our Extensive Mailing Lists & Upcoming Calendars Deep Discount Advertising Rates in all publications used Internet Advertising & Marketing High Performance Selling & Auctioneering Advertising costs incurred will be at our discounted rates and will run ap- proximately $ 1500 to $ 2000. This will insure a good crowd and maximum dollar return. We recommend and plan to do a mailing to all Golf Courses both Public and Private approximately six weeks prior to the event' in addi- tion to traditional advertising. Lastly, I would like to print a catalog with equipment serial #s, model designation, hours, etc. This will also streamline the computerized clerking process during the actual Auction. Our Sales Commission will be at 5% of the gross sales and 3%. for clerking and cashiering. We will settle within 72 hours.. As this is being written I am having a sample Auction Poster printed for your approval. I will send it out when it is done. Thank you for giving us an opportunity to bid on your project. Nobody will work harder to make your sale a success. We're all really looking forward to working with you. Regards, J. Soderholm and the A ction Staff 0 a Q,,?SODERHOL 1 M ? ? 3610 Douint Road 1,10, kAaple Plain, MN 55359 Jo Soiler ho.1?m._ Y OFFICE. (612) 479®1677 UC MON CONTRACT Farm, Livestock, Real Estate, Hou.ehold, Estate, 'Collectable, Antique, Industiral, Vehicle p his agreement, rnaadc, it "ir' L-ni?l .r!ed i i , .t ..i3t:. dav, i9 between Name--FICA/ ACIZ65. ?t?C u?,f(? .rA ?+?1- X1'3 y/_._??f us# ?ta?,ei? Zip S`j y Z?' Directions " s ;•r- •a, _.• s 1..: r l r:7 is 'tS atler'3 a 96t /)7 as sE C on, p "d , l ,?• p „?'i i'f" w;kF4` Yi 9'I 'M Se?? rCltc'r, as herein described, fjl. or the Mt7; ,.,iiC 0: of the total amount of sale, and 01 1. e)Ilcii eS fC a*:, DLVc?ase to jP,;ham second party may sell. i:; :; rtrif'? ., si:or . sa l 5.' i , -ct :?yer3'e 1 or i sold 4V3fIlls 60 days after the aucl r 3 ` al! 6r,a a v ....,:,e den'., pro r_,Crtion, and of conducting said auction, Includ- 01 s :a l.i.z'..,' 'J: vrnent an-' satisfaction of any liens or encumbrances. Are 3E k expansS:`:; 3.59..,,....5" 'A. i- Brcchures Collector's Jaurnai_ Crow Riveei" Sale°P/ fairyland reach Galaxy ,_.._ .._..,._?Gff?..._.... EG?iv, P'I.lb1:s;'ier5 >e .. KRV/d. Rj dIQ 7S YA s?Gf2 ' I k er/.9 <_a 2 . Land 1, Land 1, _..- Minneapolis Paper New l.rlrro , _-... Olivia Tirnes,Jok;',nal Postage St. Cloud Sropper__ __..__.m St, Fain ?'aaer?_ ?1a? S.W. Peach WeStE?rn Peach Other-, Apprvx, ; ;ial .__ .? __ _ .... ._ Other Information: INTERNET ADVERTISING_e.C z0a e-a__ nEESPONS1;31LITIES: Owners SODERHa.M COMMISSION CO. "har0es: Roxina & Haulina Restrooms ; Water & Cleanuo I Parkinq Electricitv Trailers I X ! l?n?h i DispiaV Case i X I I Possessions of Titles: SODERHOLM COMMISSION CO. ? Owners will mail copies ? ii. ;'n'e-nod t;',at tn., r• 3"i<rS.i and l:aSh ,,,,((?s ?? Ot the sale shall be nod / (Commission). The firsi agrees to maintain and provide premises in which property is located, and furnish lain:; :•:t, f , ?Icons e. persona! and' public !iabilittir surance. Ni ); , sel`. fispc-3c or other wise withdraw from said aucton any part of the said property or refuse to •_i;r,., : aid rope~ty or any r•arf Thereof, ln;,: c .nnoi be cancelled r for assignment of property made unless mutually agreed by both -! c=n an agreement rnus be in writ+ :g, and signed before a notary public. r;° a becomes necsssar y.ior either party to collect any sum or sums due through legal action, Selsar n: i'•; s : Venue and agrees to pay all costs and expenses of such action, including reasonable : ttornev fey.. `_-c terholnn Commission Co. does not guarantee buyers checks. his LC:. ... , ... Firs; - >4)us' be apRiC lied by an officer of SgdWVM ComISsion Co e1er (S gnature represents personal guarantee) m. i?.EN iSimature represents personal guarantee) 01/12/2000 12:34 9417728678 IT PAYS TO DO BUSINESS WITH A PROFESSIONAL AUCTIONEER 0 4lF ?Ma-t P AUCTIONEERING OUR ONLY BUSINESS 3324 E 75th Court Inver Grove Helghts, MN 55076 (612) 455..4547 Co. PAGE 01 , 7 Bonded MEMBER - NATIONAL AUCTIONF,ERS MSN. A trN= mAR(5A 6K M IxE ItICH ACRES GOLF COURSE Thank you for inviting our company to submit a proposal fur the liquidation of equipment from Rich Acres Golf Course. It is our understanding that all items must be off the premises no later than 30 March 2000. 1. Laumeyer Action Co. will amwSe and set up the items to realize the highest return. An inspection of the items will be held one day p nor to the auction. 2. Laumeyer Action Co. will place and pay for all advertising done regarding the auction. Appro .tely 1,600 bfcchures Will be sent to golf courses in MN, N-D, SD, 14, WI, plus advertising in the Mpla Tribune. 3 _ Laumeyer Auction Co will conduct the auction with a minimum of 2 auctioneers, clerlaug and cashier personnel and 1 person to assist with checking out file sold items to the wiimii? bidders. 4. Laumeyer Auction Co. will be responsible for collection of all funds and settlement will be made no later than 5 working days after the auction. 5 In consideration of the above, Laumeyer Auction. Co's commission shall be 5% of the gross proceeds and a 1OF9 buyers premium will be charged to the successful bidders. 6. Laumeyegr Auction Co. liquidated the Ft. Snelling Golf Course and in Sept. 99, sold assets from the Hillarest Country Club in St. Paul. 7. Upon acceptance of this proposal, a mutually acceptable auction date will be established. 8. Laumeyer Auction Co. has Workmen's Comp. insurance and liability insurance. 9. This proposal can smxve as a contract. 10, It is agreed and understood that items ox the list faxed to us on 12 Jan. 2000 will be available for the auction, plus misc. Rich Acres Golf Course Laume76 `' action Co. 17 12 Jarmaay 2000 it I-IFSbT3. / F WALLY LAUMEYER AUCTION WALLY LAUMEYER. C.A.I. E? AUCTIONEERS - LIQUIDATORS - APPRAISERS JAN 21 '00 02:27PM Aur-t-tov, AAastw? 6 iz?- ? • Auction Proposal 1. Marketing A. Create auction flyer (detailed list complete with photos) B. Mailing 1. Proven buyers from Auction Masters list of customers that have attended related auctions (lawn care, constriction, etc,) 2. Purchase list for golf courses & country clubs in Minnesota C, Newspapers 1. Minneapolis 2. St. Paul 3. St, Cloud 4. Eau Claire 5. Fargo 6. Sioux galls 7. Duluth • D. Internet 1, We have incredible growth and interest in this area; every 70 days Internet users are doubling. We have over 1,500 hits a day on our site 2. A complete listing of your auction with many color photos will be posted at auctionmasters. com E. E-mail 1. Along with our Website, Auction Masters has an expanding list of buyers on e-mail F. Telemarketing I . High dollar items such as the trucks and foam machines will get extra focus through telephone blitz G. Fax 1. Auction Masters' database of buyers 2. Fax brochures to potential bidders who phone on our 800 number from newspaper ads P.1 JAN 21 '00 02:27PM P.2 Auction Proposal Page 2 II. Set Up A. Cleaning 1. Experience has shown that clean items bring more money B. Physical setup 1. We use a theater-type setting for the most effective display and attention- capturing environment C. Tagging 1. All inventory will be tagged with a number and total of duplicate items D. Cataloging 1_ A complete list of tagged items will comprise the catalog E. Essential Equipment Provided 1. Boxes 2. Tiered carts to display small items 3. Chairs 4. Auction block and related items 5. Lighting, if needed F, Public Inspection III. Auction Day A. Personnel 1. (2) auctioneers 2. Clerk and cashier 3, (2) security people 4. (4) auction flow crew B. Security 1. No items released until paid for, and buyer presents paid receipt to Auction Masters security JAN 21 '00 02:27PM P.3 &lqID • Au lien Proposal Page 3 C. Bookkeeping t. Sign in all bidders using driver's license 2. Record the auction 3. Accept payment and account for all sales 4. Copies of each sale as recorded by the clerk are provided 5. Handle vehicle titles N. After the Auction A. Continued security through checkout process day of auction and day after B. Computation of auction gross proceeds, including a forwarding C. Site clean up (broom sweep) D. Handling of any questions/problems that may arise V, Auction Fees " No pl s 10% buyers premium paid by buyer B. Marketing, up to $2,000, for which you will receive a complete accoufiting C. Auction Masters will do set up with assistance from your staff 0 • • AGENDA SECTION: PRESENTATIONS AGENDA ITEM # 3 REPORT # 3 $ Oda REPORT PREPARED BY: REPORT PRESENTER: STAFF REPORT CITY COUNCIL MEETING FEBRUARY 149 2000 DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JOHN EVANS, ADMINISTRATIVE AIDE NAME, TITLE JOHN EVANS, ADMINISTRATIVE AIDE NAME, TITLE 13' ` SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Presentation of a summary of customer satisfaction surveys distributed to participants of Richfield Older Adult Recreation programs. I. RECOMMENDED ACTION: None required. II. BACKGROUND Older Adult Recreation Supervisor, Cheryl Dragotis, distributes customer satisfaction surveys after every program. Senior Clerk Typist Mary Bisson has assembled a summary of the results. III. BASIS OF RECOMMENDATION A. POLICY Staff uses the feedback to shape the recreation programming. B. CRITICAL ISSUES N/A C. FINANCIAL • N/A 0214 park hours 3-3 D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION(S) No alternative recommendation. V. ATTACHMENTS None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None expected • 0 AGENDA SECTION: PRESENTATIONS AGENDA ITEM # 2 REPORT # 37 • "O,ja STAFF REPORT COUNCIL MEETING DATE: FEBRUARY 14, 2000 REPORT PREPARED BY: STEVE DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE REPORT PRESENTER: STEVE DEVICH, ADMINISTRATIVE SERVICES DIRECTOR DEPARTMENT DIRECTOR REVIEW: 12(1 REVIEWED BY CITY MANAGER: Er 144 \ / ?-' - 0 ITEM FOR COUNCIL CONSIDERATION: Presentation of the Certificate of Achievement for Financial Reporting to Finance Manager Chris Regis. 1. RECOMMENDED ACTION: I Present the Certificate of Achievement for Financial Reporting to Finance Manager Chris Regis on behalf of the Government Finance Officers Association. II. BACKGROUND N/A I III. BASIS OF RECOMMENDATION A. POLICY • • The GFOA, which is responsible for presenting the certification, is a nonprofit, professional association serving 9,500 government finance professionals. The Association provides a variety of technical publications in various fields of government finance and represents the public community of Washington, 02142000BudgetAward • D.C. Richfield's Comprehensive Annual Financial Report was judged by an impartial panel to meet the constructive spirit of full disclosure effort to clearly communicate its financial story and motivate potential persons and users to read the financial report. This is the 14t", consecutive year that Richfield has earned the award. • Richfield is only one of 2,798 cities across the country to have received the award for 1997. The number of cities receiving the award for 1998 will likely be similar. B. CRITICAL ISSUES The City was recently notified that its comprehensive annual financial report for the fiscal year ended December 31, 1998 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by the government and its management. • When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also given to the individual designated as primarily responsible for having earned the certificate. • • The City Council wishes to take such opportunities to recognize achievement of City staff, especially at a public forum, such as City Council meeting. C. FINANCIAL • The receipt of the Certificate of Achievement is looked on favorably by Bond Rating agencies. D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could except the award and make no mention of it at the City Council meeting. V. ATTACHMENTS 0 • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Finance Manager Chris Regis will be present to accept the award. • • AGENDA SECTION: PRESENTATION AGENDA ITEM # I REPORT # 36 STAFF REPORT CITY COUNCIL MEETING FEBRUARY 14, 2000 .:emu REPORT PREPARED BY: KATHY FARRIS, HUMAN SERVICES PLANNER/COORDINATOR NAME, TITLE REPORT PRESENTER: KATHY FARRIS, HUMAN SERVICES PLANNER/COORDINATOR NAME TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: 1 SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of proclamation designating Census 2000 a priority for the City of Richfield. 1. RECOMMENDED ACTION: I Proclaim Census 2000 as a top priority for all elected and appointed officials, and encourage the community to place an emphasis on in achieving an accurate and complete count of Richfield's population. II. BACKGROUND The U.S. Bureau of the Census conducts a count of the population every ten years. The results are used for apportionment of congressional seats in the U.S. House of Representatives and for redistricting state and local political districts. The federal and state governments also use the numbers to determine local distribution of nearly $200 billion annually for housing and community development, public health care, assistance for low- income families, education programs and other services. In past census counts, certain populations have traditionally been undercounted. These populations include people who do not speak English, immigrants, and children. Over the past 10 years, it has been estimated that Richfield has experienced an increase in immigrants, many who do not speak English and are new to the American culture. Without a special effort to inform these Richfield residents about the importance and the confidentiality of the census, there is a chance that they will not be counted in the census. It is very important that every person in Richfield be counted, as the number of individuals residing in Richfield will determine the amount of funds Richfield receives from the federal and state governments. Census forms will be mailed out in March by the U.S. Census Bureau and should be returned by April 1, 2000. Most households will receive a simple, short form with seven basic questions. One in six households will receive a long form questionnaire. Personal census answers, by law, are confidential. Initiated by Mayor Martin J. Kirsch, the City of Richfield has signed a Partnership Agreement with the U.S. Census Bureau and a Richfield Census Awareness Committee has been formed. Members include: • Kathy Farris, Human Services Planner/Coordinator, City of Richfield, (Chair) • Gertrude Ulrich, President, Richfield League of Women Voters • Edwina Garcia, Richfield Resident • Lil Hipp, Community Center Manager, City of Richfield • Julianne Schwietz, Director, Richfield Community Apartment Program • Lesli Kerkhoff, Coordinator, Richfield FamiLink Resource Center • Virginia Morris, Librarian, Augsburg Park Community Library The goal of this committee is to provide information and assistance to Richfield residents on the U.S. Census in 2000, focusing on populations that traditionally have been undercounted, so that the Richfield Census count is accurate and complete. • III. BASIS OF RECOMMENDATION A. POLICY • The 2000 Census will determine apportionment of seats in the U.S. House of Representatives, state legislatures and local governments, and is the basis for the allocation of billions of dollars of Federal funding. B. CRITICAL ISSUES • It is important to count as many Richfield residents as possible, as this affects local funding. • Census Day is April 1; census forms will be mailed to households in March, 2000. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S) 0 Do not proclaim the census a priority in Richfield. V. ATTACHMENTS • Partnership Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Irene Gomez-Bethke, Community Partnership Specialist, U.S. Census Bureau • Gertrude Ulrich, President, Richfield League of Women Voters • Edwina Garcia, Richfield Resident • Lil Hipp, Community Center Manager, City of Richfield Julianne Schwietz, Director, Richfield Community Apartment Program • Lesli Kerkhoff, Coordinator, Richfield FamiLink Resource Center • Virginia Morris, Librarian, Augsburg Park Community Library