05-22-00 agenda• CITY OF RICHFIELD, MINNESOTA
MONDAY, MAY 22, 2000
RICHFIELD CITY HALL
6700 PORTLAND AVENUE
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
INTRODUCTORY-PROCEEDINGS -
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES OF (1) SPECIAL CITY COUNCIL MEETING OF MAY 8,
2000; (2) SPECIAL CITY COUNCIL STUDY SESSION OF MAY 8, 2000; AND (3)
REGULAR CITY COUNCIL MEETING OF MAY 8, 2000
PRESENTATIONS
1. PRESENTATION OF CERTIFICATES OF APPRECIATION TO RICHFIELD
• CENSUS 2000 VOLUNTEERS
2. PRESENTATION OF PROCLAMATION DESIGNATING SMALL BUSINESS WEEK
IN RICHFIELD MAY 21-27, 2000
INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO
PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE
RECORD.
3. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT
ON THE AGENDA
AGENDA APPROVAL
4. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
5. 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 THREE ADDITIONAL PROFESSIONAL
SERVICES AGREEMENTS FOR VARIOUS APPRAISERS FOR 66TH STREET
AND TRUNK HIGHWAY 77 INTERCHANGE PROJECT S.R. NO. 133
PUBLIC HEARINGS
6. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION GRANTING
PRELIMINARY AND FINAL APPROVAL OF SUBDIVISION FOR RICHFIELD
SENIOR HOUSING,-INC.
STAFF REPORT NO. 134
7. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION' APPROVING
CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF MENARD, INC. AT
7701 NICOLLET AVENUE
STAFF REPORT NO. 135
RESOLUTION
8. CONSIDERATION OF RESOLUTION APPROVING PROVISIONS OF 2000-2001
LABOR AGREEMENT WITH FIREFIGHTERS, LOCAL 1215
STAFF REPORT NO. 136
ADMINISTRATIVE REPORTS AND OTHER BUSINESS
0 AIRPORT BUSINESS
9. AIRPORT STATUS REPORT
CORRESPONDENCE
10. LEGISLATIVE REPORT
HRA BUSINESS
11. HOUSING AND REDEVELOPMENT AUTHORITY REPORT
COUNCIL CHOICE
12. COUNCIL DISCUSSION ITEMS
13. CLAIMS AND PAYROLLS
14. 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.
r
0
AGENDA SECTION: Resolution
AGENDA ITEM # $
REPORT # 136
.I
A
REPORT PREPARED BY:
REPORT PRESENTER:
STAFF REPORT
CITY COUNCIL MEETING
MAY 22, 2000
DAWN WEITZEL HUMAN RESOURCES
MANAGER
NAME, TITLE
STEVEN L. DEVICH ADMINISTRATIVE
SER CE DIRECTOR
N TLE
SIGNATURE
DEPARTMENT DIRECTOR REVIEW
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving the 2000-2001 labor contract with the Richfield
Professional Firefighters Local 1215.
1. RECOMMENDED ACTION:
By Motion: Adopt the resolution approving the provisions of the
2000-2001 labor agreement with the Firefighters Local 1215 and
authorize the City Manager to execute the agreement.
II. BACKGROUND
City staff has completed labor negotiations with the Firefighers Local 1215 for the years
2000 and 2001 subject to Council approval. Local 1215 represents Firefighter, Fire
Lieutenant and Fire Captain positions. There are 24 employees represented in the unit.
The tentatively approved settlement includes the following changes:
1. Wages
A 3% across-the-board increase effective January 1, 2000 and 2001.
2. Longevity Pay
Increase Longevity Pay to 2% after 5 years, 3% after 10 years, 4% after 15 years and
49 5% after 20 years.
3. Health Insurance
A $20 increase from $415 per month to $435 per month for dependent coverage for
2000.
The insurance portion of this contract will be reopened in 2001.
4. Holiday
Time and one half for all hours worked on the following holidays:
2000 - Labor Day and Christmas Eve Day
2001 - New Year's Day
Increase the number of holiday hours an employee may sell back to the City each year
to 96 (24, 48, 72, or 96) effective January 1, 2000.
5. Disability Reserve
Increase cash bank accrual to 1.5 hours for the year 2000 and 1.7 hours in 2001.
6. Uniform Clothing List .
Delete work jacket and add two name tags
S 1111. BASIS OF RECOMMENDATION
A. POLICY
• The City has met and negotiated with the Union and is bound under the
Public Employers' Labor Relations Act to meet and bargain over the
terms and conditions of employment. The 2000-2001 proposed
settlement is similar to other City employee groups and is well within
the range for firefighter bargaining groups in similar cities.
B. CRITICAL ISSUES
• In order to allow the City's accounting personnel to modify payroll
records in a timely manner for 2000 wages and benefits, it is
recommended that the City Council act on May 22, 2000 to adopt the
attached resolution providing for contract changes, effective January 1,
2000.
C. FINANCIAL
3% wage increase,
Increases in longevity pay, disability reserve and health insurance
contribution,
• Addition of three holidays,
Option to sell back up to ninety-six holiday hours.
D. LEGAL
• If the terms of this agreement are not approved, further negotiation will
need to take place and/or arbitration.
IV. ALTERNATIVE RECOMMENDATION(S)
• Do not approve the terms of this agreement.
• Defer discussion to another date.
V. ATTACHMENTS
• . Resolution.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
•
0
RESOLUTION NO.
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
RICHFIELD PROFESSIONAL FIREFIGHTERS, LOCAL 1215
BARGAINING UNIT FOR THE YEARS 2000-2001
WHEREAS, the City Manager and the Richfield Firefighters Local 1215 have
reached an understanding concerning conditions of employment for the years 2000 and
2001; and
WHEREAS, it would be inappropriate to penalize Firefighters Local 1215 members
who have negotiated in good faith; and
WHEREAS, the Human Resources Ordinance requires that contracts between the
City and the exclusive representative of the employees in an appropriate bargaining unit
shall be completed by Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve
the Labor Agreement between the City of Richfield and Richfield Firefighters Local 1215
Bargaining Unit for the years 2000-2001, under the provisions of the Labor Agreement to
be implemented, effective January 1, 2000.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of
May, 2000.
Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber City Clerk
46
AGENDA SECTION: Public Hearings
AGENDA ITEM # 7
REPORT # 135
STAFF REPORT
CITY COUNCIL MEETING
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:
MAY 22, 2000
11? Vl
TURF
de-,?z
ITEM FOR COUNCIL CONSIDERATION:
Public hearing on a conditional use permit request to allow an expansion of Menard, Inc., 7701
Nicollet Avenue.
1. RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Adopt a
resolution approving a conditional use permit to allow an expansion
of Menard, Inc. at 7701 Nicollet Avenue with the stipulations listed in
the Legal Basis of Recommendation.
II. BACKGROUND
There are currently two tenants, Michael's and Menard's, located in the shopping
center at 7701 Nicollet Avenue. Menard's is planning to enlarge their store by
taking over the Michael's space. The interior of the store would be remodeled. The
main entrance would be relocated to the center of the building.
The outdoor sales area would be expanded to the south by approximately 2,772
square feet. Landscaping, similar to what is currently in place in front of the outdoor
sales area, would be installed along the new sales area. The loading area that
currently accesses Michael's store would be removed, the curb cut replaced and
0522menards
landscaping installed in its place. Sixteen parking spaces would be removed for a
total of 420 spaces.
III. BASIS OF RECOMMENDATION
A. POLICY
• N/A
B. CRITICAL ISSUES I
• Staff identified several issues with Menard's that must be corrected
with the proposed expansion:
1. A trash enclosure that consists of a hinged door attached to the
building was approved in 1993 when the property's parking lot was
reconfigured. That screen has proven to be inadequate for
screening trash. A three-sided enclosure, attached to the building,
should be constructed of such a size to enclose the trash
dumpsters. Sufficient space must be provided within the building
to allow for interior storage of unused pallets.
2. The problem with inadequate trash screening has led to a problem
with trash in the adjacent City streets and the Menard's parking lot.
Adequate trash storage should help to alleviate this issue.
Menard's must also institute a policy for regular cleaning of trash
from the property and.surrounding areas.
• 3. The roof leaders on the north side of the building overflow onto the
public sidewalk and must be reconstructed to prevent this
occurrence.
4. The sprinkler connection is located on the north side of the building
and interferes with pedestrian circulation. The connection should
be relocated, if possible.
5. Forklifts drive around the building on the public sidewalk and have
caused damage to the sidewalk and boulevard sod. Forklifts must
not be driven on the public sidewalk or rights-of-way.
6. The loading dock is located on the east side of the building. The
loading dock is only 38 feet deep, which is not deep enough to fully
accommodate large trucks; delivery trucks block 2nd Avenue when
they pull up to the loading dock with deliveries. Although 2nd
Avenue is not a high traffic street, the City has received complaints
about trucks blocking the street. The suggestion has been made
that the loading dock could be relocated to the south side of the
building. Menard's believes there is not adequate room in the 20-
foot strip to add a loading dock, and any other arrangement would
require substantial reconstruction of the building. The Fire
Marshall views the area on the south side of the building as
important for Fire Department access and does not support
relocating the loading dock to this location.
7. For several years, the trucks also caused damage to the street
curb on the east side of the street. Menard's constructed a cut-out
with a retaining wall into the boulevard on that side of the street to
allow for trucks to turn without damaging the City street and curb.
The retaining wall has been damaged by turning trucks. Menard's
is proposing to reconstruct the retaining wall with solid concrete or
• other material approved by the Public Works Director.
• The City requires four parking spaces for every 1,000 square feet of
retail space. Menard's is proposing to eliminate 16 spaces for a total
of 420 spaces. The 101,340 square foot building requires 406 parking
spaces.
• The City's Crime Prevention Division has recommended that Menard's
review its parking lot lighting and provide increased illumination. The
existing lighting is much dimmer than safety standards recommend.
Menard's has expanded its hours of operation and is open until 12:00
a.m. Crime Prevention believes this change will make security in the
parking lot more of an issue. Menard's will review the existing lighting
and attempt to increase lighting where possible within the existing
system. A complete replacement of the system would require tearing
into the relatively new parking lot. The City does not currently have an
ordinance in place that requires a minimum level of lighting in parking
lots.
C. FINANCIAL
• N/A
D. LEGAL
• App roval of the conditional use permit would be contingent upon the
following stipulations:
1. A dumpster enclosure be constructed, the final design, size and
height to be approved by the Public Safety Director.
2. A sufficient area must be provided inside the building for pallet
and packing material storage. Final design and size of the
storage area is to be approved by the Public Safety Director. .
Pallets and other packing material will not be stored in the
unscreened loading dock area
3. A plan for monitoring the property and surrounding area for
trash on a regular basis must be submitted to and approved by
the Community Development Director. The property owner
must maintain the property according to the approved plan.
4. The retaining wall on the east side of 2nd Avenue must be
replaced with a material and design approved by the Public
Works Director and regularly maintained by the property owner.
The design of the turnout area must ensure that adequate room
is available for turning movements.
5. The roof leaders must be redesigned or rerouted and
maintained so that water does not overflow onto the public
sidewalk.
6. The driveway access to the south loading dock and service
door on 2nd Avenue be eliminated and replaced with sod and
landscaping.
7. The sprinkler connection be relocated to a location approved by
the Public Works Director and Fire Marshall.
8. The property owner must upgrade the lighting in the parking lot
according to a plan to be approved by the Crime Prevention
Division. The Crime Prevention Division shall not require any
upgrades that require major reconstruction of the parking lot.
• 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.
• The Planning Commission voted unanimously to recommend approval
of the conditional use permit (CUP) with stipulations.
• A conditional use permit is required for a single retail use over 50,000
square feet in the C-2 (general commercial) district.- Menard's was
legally nonconforming, but the proposed expansion and site changes
require the property to come into conformance by obtaining a CUP.
IV. ALTERNATIVE RECOMMENDATION(S) I
1. Deny the conditional use permit with a finding of fact that the proposed
change would have a negative impact on surrounding properties or the City
as a whole.
2. Approve the conditional use permit with the stipulations listed under the
Legal Basis of Recommendation and an additional stipulation that would
require Menard's to relocate the loading dock or provide evidence showing
why it is not physically possible or financially onerous to do so.
V. ATTACHMENTS
• Resolution
Proposed Site Plan and Elevations, Attachment A
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Marv Prochaska, representing Menard, Inc.
0
RESOLUTION NO.
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
7701 Nicollet Avenue
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a conditional use permit for Menard's, Inc. located at 7701 Nicollet Avenue,
legally described as:
That part of south 1/2 of southwest 1/4 of southeast 1/4 lying east of west 315 feet
thereof and west of east line of Stevens Avenue extended. southerly also that part of
south 1/2 of southwest 1/4 of southeast 1/4 lying north of south 190 feet thereof and
west of west line of Second Avenue South and east of east line of Stevens Avenue
extended southerly including adjacent vacated alley excluding streets
WHEREAS, the City has fully considered the request for approval of the conditional
use permit; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. A conditional use permit is issued for Menard's, Inc. as described in City Council
Report No. on the Subject Property legally described above, subject to
the conditions set forth in paragraphs 2 and 3 of this resolution.
2. The property owner must complete the following items prior to the issuance of
an occupancy permit for the building expansion and must remain in compliance
with the conditions for the duration of the permit.
• A dumpster enclosure be constructed, the final design, size and height to
be approved by the Public Safety Director.
• A sufficient area must be provided inside the building for pallet and
packing material storage. Final design and size of the storage area is to
be approved by the Public Safety Director. Pallets and other packing
material will not be stored in the unscreened loading dock area.
• A plan for monitoring the property and surrounding area for trash on a
regular basis must be submitted to and approved by the Community
development Director. The property owner must maintain the property
according to the approved plan.
• The retaining wall on the east side of 2nd Avenue must be replaced with
a material and design approved by the Public Works Director and
regularly maintained by the property owner. The design of the turnout
area must ensure that adequate room is available for turning movements.
• The roof leaders must be redesigned or rerouted and maintained so that
water does not overflow onto the public sidewalk.
• The driveway access to the south loading dock and service door on 2nd
Avenue must be eliminated and replaced with sod and landscaping.
• The sprinkler connection must be relocated to a location approved by the
Public Works Director and Fire Marshall.
• The property owner must upgrade the lighting in the parking lot according
to a plan to be approved by the Crime Prevention Division. The Crime
Prevention Division shall not require any upgrades that require major
reconstruction of the parking lot.
3. The conditional use permit shall remain in effect for so long as conditions
regulating it are observed, and the conditional use permit shall expire if normal
operation of the use has been discontinued for 12 or more months, as required
by the Zoning Ordinance, Section 546.05, Subd. 9.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of
May, 2000.
Martin J. Kirsch, Mayor
ATTEST:
0 Thomas P. Ferber, City Clerk
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AGENDA SECTION: Public Hearings
AGENDA ITEM # 6
REPORT # 134
STAFF REPORT
MAO CITY COUNCIL MEETING
MAY 22, 2000
•
REPORT PREPARED BY: JULIE URBAN, ZONING ADMINISTRATOR
NAME, TITLE
BRUCE PALMBORG,
REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER: Ef
TURF
0,
ITEM FOR COUNCIL CONSIDERATION:
Public hearing on a preliminary and final plat of Mainstreet Village for Richfield Senior
Housing, Inc.
1. RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Approve a
resolution granting preliminary and final approval of a subdivision for
Richfield Senior Housing, Inc.
II. BACKGROUND
Richfield Senior Housing, Inc. is requesting approval of a preliminary and final plat
for the area encompassed by the Mainstreet Senior Village redevelopment project.
The area is bounded by 76th Street on the north, 77th Street on the south, Garfield
Avenue on the west and Lyndale Avenue on the east. The plat proposes to divide
the area into two separate lots. One lot will be occupied by the senior housing
portion of the development. The second lot will be occupied by the office space. A
common interest community plat will be filed for the office portion of the
development once the building has been constructed in order to provide ownership
of the office building by three owners.
III. BASIS OF RECOMMENDATION
0522plats
J
A. POLICY I
• Land occupied by 77th Street is being dedicated in the plat for
roadway purposes. The property is currently held in fee by the City.
• Land necessary for the widening and reconstruction of Lyndale
Avenue for the bridge over 1-494 is also dedicated in the plat.
• The necessary utility easements are established on the plat.
B. CRITICAL ISSUES
• A declaration of covenants is required to address cross access and
other issues of common interest.
C. FINANCIAL
• N/A
D. LEGAL I
• Notice of the public hearing was published in the Sun-Current on May
10, 2000.
• Approval of the plat is contingent upon the developer submitting title
evidence, a declaration of covenants, and the common interest
community plat to the City Attorney for review.
. IV. ALTERNATIVE RECOMMENDATION(S)
• Approve the plat with revisions.
• Do not approve the plat.
V. ATTACHMENTS
• Resolution
• Mainstreet Village, Preliminary Plat
• Mainstreet Village, Final Plat
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
0
RESOLUTION NO.
RESOLUTION GRANTING PRELIMINARY AND FINAL APPROVAL OF A
SUBDIVISION FOR RICHFIELD SENIOR HOUSING, INC.
WHEREAS, Richfield Senior Housing, Inc. ("Applicant") has requested preliminary
and final approval to combine and subdivide several tracts of land located generally east of
Lyndale Avenue, west of Garfield Avenue, north of 77th Street and south of 76th Street in
the City of Richfield; and
WHEREAS, the proposed subdivision is to be known as MAINSTREET VILLAGE;
and
WHEREAS, a public hearing on the proposed plat of MAINSTREET VILLAGE on
Monday, May 22, 2000, at which all interested persons were given the opportunity to be
heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
as follows:
1. The proposed plat of MAINSTREET VILLAGE satisfies the requirements of
the City's subdivision ordinances.
2. Preliminary and final approval is granted to the Applicants for the plat of
MAINSTREET VILLAGE, subject to the following conditions:
• The developer shall submit title evidence to the City Attorney for review
The developer shall submit the declaration of covenants and the common
interest community plat to the City Attorney for review.
3. This Resolution shall be null and void unless within the time limit required by
Subsection 500.29, subdivision 3 of the Richfield City Code, the Applicant files
the final plat with the Hennepin County Recorder or Registrar of Titles, as may
be appropriate. The time period provided by that ordinance is hereby
extended to 120 days.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of
May, 2000.
Martin J. Kirsch, Mayor
ATTEST:
9 Thomas P. Ferber, City Clerk
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STATE OF MINNESOTA
COUNTY OF ------ -------------- __
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COUNTY OF ____________________
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my Coun1Y• Ynnewta --
RICHFIELD. MINNESGTA -
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CITY COUNCIL OF RCHFIELD, MINNESOTA
BY _________________ ______, Mayor
9y _________________________________, City Member
TAXPAYER SERVICES DE-EN1. HENNEPIN COUNTY, MUPWSGTA
I hereby -tify 11x1 1, Wyw. In 200___ OM PIIO, yeah h.vA b«n o01d ill 11. rand d-Ibed 0n tbN blot. Odted INe ______________ Noy Of
200____.
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Patrick H. O'Cmnor, H-D:n County Autlilp BY --------------------------- D,"y
SURVEY DMSION, HENNEPIN COUNTY, MINNESOTA
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Cary F. C..well, Hennepin Co,my Surveyor BY --------- _---- __________ __
R[GISTRAR U TnLES, HENNEPN COUNTY. MINNESOTA
I hereby <ertlly IFO1 IM w W. plat of MNNSTREET MLLACE .0a FW Iw record b IN, offb. IFIa --------
200 --------- 01 ________. o'clo<M1 __. M.
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____ say It -----------------------
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SHEET 1 OF 1 SHEETS
AGENDA SECTION: Consent
AGENDA ITEM # 5A
REPORT # 133
J STAFF REPORT
CITY COUNCIL MEETING
MAY 22, 2000
KATIA MEDVETSKI,
REPORT PREPARED BY: REDEVELOPMENT SPECIALIST
NAME, TITLE
BRUCE PALMBORG,
REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR
. NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of approval of Professional Services Agreements for the 66th Street and Trunk
Highway 77 Interchange Project.
1. RECOMMENDED ACTION:
By motion: Approve execution of three (3) additional Professional
Services Agreements for various appraisers for the 66th Street and
Trunk Highway 77 Interchange Project.
II. BACKGROUND
Legal counsel and staff have identified an appraiser to review appraisal reports of
movable personal property and immovable fixtures and equipment. None of the
current appraisers on the project team are qualified to undertake this task. Robert
Pelton of C R Pelton Associates provides a fee quote of $85 per hour to undertake
review appraisal work for 22 appraisal reports.
A third appraiser for the three billboards in the project has also been identified.
Jason Messner of Patchin Messner Appraisals, Inc. provided a fee quote of $7,750
for this work. Although he is on the project team, his previous agreement does not
cover this work.
0508PSA-66t" St
J
l`
In addition to the billboard appraisal work, Mr. Messner has agreed to undertake
two additional work assignments. His fee for this work is $3,500 for each parcel.
Additional details as to the contract may be found in the attached Professional
Services Agreements.
III. BASIS OF RECOMMENDATION
A. POLICY
• Entering into a Professional Service Agreement with appraisers is a
standard operating procedure for this project, which involves state and
federal funding.
B. CRITICAL ISSUES
One of the additional work assignments for Mr. Messner has priority
status for processing.
C. FINANCIAL
• The Metropolitan Airports Commission (MAC) continues to provide
project funding through the Memorandum of Understanding and the
funding agreement approved by the City Council on February 28,
2000 and February 22, 2000, respectively.
D. LEGAL I
• Legal counsel has recommended appraisers for the project in the past
due to their experience and knowledge of professionals in the field.
• Legal counsel has also reviewed and approved the Professional
Service Agreement being used for the project.
E. TIMING
• Appraisal work continues to move forward.
IV. ALTERNATIVE RECOMMENDATION(S)
• Do not approve the Professional Service Agreement for the appraisers.
• Recommend different appraisers for the tasks at hand.
V. ATTACHMENTS I
• Professional Services Agreements (3)
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
0
FIXTURE REVIEW APPRAISAL
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into by and between the City of Richfield,
State of Minnesota (whose address is 6700 Portland Avenue South, Richfield; MN 55423,
ATTN: Katia Medvetski), hereinafter referred to as the "City" and C R Pelton Associates,
(whose address is 5513 West Bald Eagle Boulevard, White Bear Lake, MN 55110, ATTN:
Robert Pelton), hereinafter referred to as "Appraiser".
WITNESSETH:
WHEREAS, the City wishes to purchase the services of the Appraiser for the 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 review appraisal reports for the properties listed on
Exhibit A attached hereto no later than June 30, 2000. The fee for the review appraisal
reports shall be at the rate of $95.00 per hour for the properties listed on Exhibit A. The fee
for subsequent services, including attending meetings for coordination, strategy and pre-trial
and hearings, if any, where Appraiser is required to attend shall be at the rate of $95.00 per
hour. The fee for and attendance at Commission hearings or District Court by the Appraiser
shall be at the rate of $95.00 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 $400 per half
day (4 hours) of work or $800 per a full day (8 hours) of work.
2. SERVICES TO BE PROVIDED
Appraisal reports prepared pursuant to this Agreement shall conform to recognized
professional appraisal standards, the Uniform Standards of Professional Appraisal Practice
(USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to
the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way
Manual. Appropriate maps and plans for the Project will be furnished by the City.
3. PAYMENT FOR SERVICES,
Payment for services shall be made directly to the Appraiser after completion of the services
upon the presentation of a claim in the manner provided by law governing the City's
payment of claims and/or invoices. Payment shall be made within 45 days from receipt of
the invoice and following certification by the Appraiser.
4. INDEPENDENT CONTRACTOR
The Appraiser shall select the means, method, and manner of performing the services herein.
Nothing is intended or should be construed in any manner as creating or establishing the
relationship of copartners between the parties hereto or as constituting the Appraiser as the
agent, representative, or employee of the City for any purpose or in any manner whatsoever.
The Appraiser is to be and shall remain an independent contractor with respect to all services
performed under this Agreement. The Appraiser represents that it has or will secure at its
own expense all personnel required in performing services under this Agreement. Any and
all personnel of the Appraiser or other persons while engaged in the performance of any
work or services required by the Appraiser under this Agreement shall have no contractual
relationship with the City, and shall not be considered employees of the City. Any and all
claims that may or might arise under the Unemployment Compensation Act or the Workers'
Compensation Act of the State of Minnesota on behalf of said personnel, arising out of
employment or alleged employment, including, without limitation, claims of discrimination
against the Appraiser, its officers, agents, contractors, or employees shall in no way be the
responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its
officers, agents, and employees harmless from any and all such claims irrespective of any
determination of any pertinent tribunal, agency, board, commission, or court. Such personnel
or others persons shall neither require nor be entitled to any compensation, rights, or benefits
of any kind whatsoever from the City, including, without limitation, tenure rights, medical
and hospital care, sick and vacation leave, Workers' Compensation, Unemployment
Insurance, disability, severance pay and PERA.
5. NONDISCRIMINATION
In accordance with the City's policies against discrimination, no person shall be excluded
from or denied the benefits of any service performed or contemplated under the terms of this
Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status,
public assistance status, ex-offender status, or national origin; and no person who is protected
by applicable Federal or State laws against discrimination shall be otherwise subjected to
discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall
furnish all information and reports which may be required by the City's Affirmative Action
Policy; and (2) it shall adopt and comply with the City's Equal Employment
Opportunity/Affirmative Action Policies with regard to employment and contracting.
6. INDEMNITY AND INSURANCE
The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees
harmless from any liability claims, damages, costs, judgments, or expenses, including
reasonable attorney fees, resulting directly or indirectly from an act or omission (including
without limitation professional errors or omissions) of the Appraiser his agents, employees,
or assignees in performance of the services provided by this contract, and against all loss by
reason of the failure of said Appraiser to fully perform in any respect, all obligations under
this Agreement.
2
7. DATA PRIVACY
Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning
the handling and disclosure of private and confidential information concerning individuals
and/or data including but not limited to information made non-public by such laws or
regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City
as confidential until released by counsel for the City.
8. RECORDS - AVAILABILITY
The Appraiser agrees that the City; the State Auditor, Federal personnel or any of their duly
authorized representatives at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and
transcribe any books, documents, papers, records, etc., which are pertinent to the accounting
practices and procedures of the Appraiser and involve transactions relating to this
Agreement. Records shall be retained for three years from date of final payment of Federal
funds to the State with respect to the Project.
9. NON-ASSIGNMENT
The Appraiser shall not assign, subcontract, transfer, or pledge this contract and/or the
services to be performed hereunder, whether in whole or in part, without the prior written
consent of the City.
10. MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All items referred to in this Agreement
are incorporated or attached and are deemed to be part of this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an amendment
to this Agreement signed by the parties hereto.
11. DEFAULT AND CANCELLATION
a. If the Appraiser fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the Appraiser's default is excused, upon written notice to the
Appraiser the City may immediately cancel the Agreement in its entirety.
b. The City's failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Any such consent shall apply only to the specific
circumstances described in the writing granting the consent and in no event shall
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
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 Robert Pelton, d/b/a C R Pelton Associates.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
0
Exhibit A
Description of Properties for Review Appraisal
City Type of
Parcel Taking Property Address PID Number
1 Full Fee 6301 Cedar Avenue South 25-028-24-22-0001
2 Full Fee 6311 Cedar Avenue South 25-028-24-22-0002
3 Full Fee 6315 Cedar Avenue South 25-028-24-22-0003
4 Full Fee 6325 Cedar Avenue South 25-028-24-22-0004
5 Full Fee 6333 Cedar Avenue South 25-028-24-22-0060
6 Full Fee 6341 Cedar Avenue South 25-028-24-22-0007
7 Full Fee 6345 Cedar Avenue South 25-028-24-22-0008
8 Full Fee 6405 Cedar Avenue South 25-028-24-23-0064
9 and Full Fee 6409 Cedar Avenue South 25-028-24-23-0065
10 6417 Cedar Avenue South 25-028-24-23-0066
11 Full Fee 6421 Cedar Avenue South 25-028-24-23-0067
12 Full Fee 6425 Cedar Avenue South 25-028-24-23-0142
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
17 Full Fee 6501 Cedar Avenue South 25-028-24-23-0001
18 Full Fee 6509 Cedar Avenue South 25-028-24-23-0002
19 Full Fee 6511 Cedar Avenue South 25-028-24-23-0003
21 Full Fee 6525 Cedar Avenue South 25-028-24-23-0005
22 Full Fee 6529 Cedar Avenue South 25-028-24-23-0006
23 Full Fee 6533 Cedar Avenue South 25-028-24-23-0007
6
0 Exhibit A
Description of Properties for Review Appraisal Continued
City Type of
Parcel Taldng Property Address PID Number
24 Full Fee 6537-39 Cedar Avenue South 25-028-24-23-0008
25 Full Fee 1820 East 66 h Street 26-028-24-14-0054
27 Full Fee 1720 East 66th Street 26-028-24-14-0118
28 Full Fee 1714 East 6e Street 26-028-24-14-0119
•
7
SIGN 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 5542,
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 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 appraisal reports for the fixtures located within the
40 properties listed on Exhibit A attached hereto no later 8 to 10 weeks after the Appraiser is
authorized to proceed. The fee for the appraisal reports shall be $7,750.00. The fee for
subsequent services, including attending meetings and hearings, if any, where Appraiser is
required to attend 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. The fee for subsequent services, including
attending meetings and hearings, if any, where Associate Appraisers are required to attend
shall be at the rate of $85.00 per hour to' $100.00 per hour. The fee for testimony by the
Associate Appraisers shall be at the rate of $100.00 per hour to $125.00.
2. SERVICES TO BE PROVIDED
Appraisal reports prepared pursuant to this Agreement shall conform to recognized
professional appraisal standards, the Uniform Standards of Professional Appraisal Practice
(USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to
the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way
Manual. Appropriate maps and plans for the Project will be furnished by the City.
3. PAYMENT FOR SERVICES
Payment for services shall be made directly to the Appraiser after completion of the services
upon the presentation of a claim in the manner provided by law governing the City's
payment of claims and/or invoices. Payment shall be made within 45 days from receipt of
the invoice and following certification by the Appraiser.
4. INDEPENDENT CONTRACTOR
The Appraiser shall select the means, method, and manner of performing the services herein.
Nothing is intended or should be construed in any manner as creating or establishing the
relationship of copartners between the parties hereto or as constituting the Appraiser as the
agent, representative, or employee of the City for 'any purpose or in any manner whatsoever.
The Appraiser is to be and shall remain an independent contractor with respect to all services
performed under this Agreement. The Appraiser represents that it has or will secure at its
own expense all personnel required in performing services under this Agreement. Any and
all personnel of the Appraiser or other persons while engaged in the performance of any
work or services required by the Appraiser under this Agreement shall have no contractual
relationship with the City, and shall not be considered employees of the City. Any and all
claims that may or might arise under the Unemployment Compensation Act or the Workers'
Compensation Act of the State of Minnesota on behalf of said personnel, arising out of
employment or alleged employment, including, without limitation, claims of discrimination
against the Appraiser, its officers, agents, contractors, or employees shall in no way be the
responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its
officers, agents, and employees harmless from any and all such claims irrespective of any
determination of any pertinent tribunal, agency, board, commission, or court. Such personnel
or others persons shall neither require nor be entitled to any compensation, rights, or benefits
of any kind whatsoever from the City, including, without limitation, tenure rights, medical
and hospital care, sick and vacation. leave, Workers' Compensation, Unemployment
Insurance, disability, severance pay and PERA.
5. NONDISCRIMINATION
In accordance with the City's policies against discrimination, no person shall be excluded
from or denied the benefits of any service performed or contemplated under the terms of this
Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status,
public assistance status, ex-offender status, or national origin; and no person who is protected
by applicable Federal or State laws against discrimination shall be otherwise subjected to
discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall
furnish all information and reports which may be required by the City's Affirmative Action
Policy; and (2) it shall adopt and comply with the City's Equal Employment
Opportunity/Affirmative Action Policies with regard to employment and contracting.
6. INDEMNITY AND INSURANCE
The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees
harmless from any liability claims, damages, costs, judgments, or expenses, including
reasonable attorney fees, resulting directly or indirectly from an act or omission (including
without limitation professional errors or omissions) of the Appraiser his agents, employees,
or assignees in performance of the services provided by this contract, and against all loss by
reason of the failure of said Appraiser to fully perform in any respect, all obligations under
0 this Agreement.
2
7. DATA PRIVACY
Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning
the handling and disclosure of private and confidential information concerning individuals
and/or data including but not limited to information made non-public by such laws or
regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City
as confidential until released by counsel for the City.
8. RECORDS - AVAILABILITY
The Appraiser agrees that the City, the State Auditor, Federal personnel or any of their duly
authorized representatives at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and
transcribe any books, documents, papers, records, etc., which are pertinent to the accounting
practices and procedures of the Appraiser and involve transactions relating to this
Agreement. Records shall be retained for three years from date of final payment of Federal
funds to the State with respect to the Project.
9. NON-ASSIGNMENT
The Appraiser shall not assign, subcontract, transfer, or pledge this contract and/or the
services to be performed hereunder, whether in whole or in part, without the prior written
consent of the City.
10. MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All items referred to in this Agreement
are incorporated or attached and are deemed to be part of this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an amendment
to this Agreement signed by the parties hereto.
11. DEFAULT AND CANCELLATION
a. If the Appraiser fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the Appraiser's default is excused, upon written notice to the
Appraiser the City may immediately cancel the Agreement in its entirety.
b. The City's failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Any such consent shall apply only to the specific
circumstances described in the writing granting the consent and in no event shall
3
constitute a general waiver or relinquishment throughout the entire term of the
Agreement unless specifically so stated.
c. This Agreement may be cancelled with or without cause by either party upon ten (10)
days written notice to the other 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. MedvetskL Redevelopment Specialist, shall
manage this Agreement on behalf of the City and serve as liaison between the City and the
Appraiser.
13. RECYCLING PROGRAM
The City encourages the Appraiser to develop and implement an office paper and newsprint
recycling program.
14. NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of this
Agreement or any statute or ordinance shall be in writing, and shall be sent registered or
certified mail to the other party at the address stated in the opening paragraph of this
Agreement.
Approved as to legality, form and execution.
KENNEDY & GRAVEN, CHARTERED
City Attorney
Date:
CITY OF RICHFIELD
STATE OF MINNESOTA APPRAISER
City Manager
•
4
STATE OF MINNESOTA )
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 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
0 Exhibit A
Description of Outdoor Advertising Signs/Billboards
Location: 6315 Cedar Avenue, Richfield, MN
6405 Cedar Avenue, Richfield, MN
6539 Cedar Avenue, Richfield, MN
•
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 55423,
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 6e
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 (1) no later than May 30, 2000 for a verbal report and 6 to
8 weeks for the final written report after the Appraiser is authorized to proceed for Parcel 20;
and (2) no later than 6 to 8 weeks for the final written report after the Appraiser is authorized
to proceed for Parcel 5. 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. The
fee for subsequent services, including attending meetings and hearings, if any, where
Associate Appraisers are 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
$85.00 per hour to $100 per hour. The fee for testimony by Associate Appraisers shall beat
the rate of $100.00 per hour to $125.00 per hour.
2. SERVICES TO BE PROVIDED
Appraisal reports prepared pursuant to this Agreement shall conform to recognized
professional appraisal standards, the Uniform Standards of Professional Appraisal Practice
(USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to
the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way
Manual. Appropriate maps and plans for the Project will be furnished by the City.
3. PAYMENT FOR SERVICES
Payment for services shall be made directly to the Appraiser after completion of the services
upon the presentation of a claim in the manner provided by law governing the City's
payment of claims and/or invoices. Payment shall be made within 45 days from receipt of
the invoice and following certification by the Appraiser.
4. INDEPENDENT CONTRACTOR
The Appraiser shall select the means, method, and manner of performing the services herein.
Nothing is intended or should be construed in any manner as creating or establishing the
relationship of copartners between the parties hereto or as constituting the Appraiser as the
agent, representative, or employee of the City for any purpose or in any manner whatsoever.
The Appraiser is to be and shall remain an independent contractor with respect to all services
performed under this Agreement. The Appraiser represents that it has or will secure at its
own expense all personnel required in performing services under this Agreement. Any and
all personnel of the Appraiser or other persons while engaged in the performance of any
work or services required by the Appraiser under this Agreement shall have no contractual
relationship with the City, and shall not be considered employees of the City. Any and all
claims that may or might arise under the Unemployment Compensation Act or the Workers'
Compensation Act of the State of Minnesota on behalf of said personnel, arising out of
employment or alleged employment, including, without limitation, claims of discrimination
against the Appraiser, its officers, agents, contractors, or employees shall in no way be the
responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its
officers, agents, and employees harmless from any and all such claims irrespective of any
determination of any pertinent tribunal, agency, board, commission, or court. Such personnel
or others persons shall neither require nor be entitled to any compensation, rights, or benefits
of any kind whatsoever from the City, including, without limitation, tenure rights, medical
and hospital care, sick and vacation leave, Workers' Compensation, Unemployment
Insurance, disability, severance pay and PERA.
5. NONDISCRIMINATION
In accordance with the City's policies against discrimination, no person shall be excluded
from or denied the benefits of any service performed or contemplated under the terms of this
Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status,
public assistance status, ex-offender status, or national origin; and no person who is protected
by applicable Federal or State laws against discrimination shall be otherwise subjected to
discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall
furnish all information and reports which may be required by the City's Affirmative Action
Policy; and (2) it shall adopt and comply with the City's Equal Employment
Opportunity/Affirmative Action Policies with regard to employment and contracting.
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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.
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.
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0 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
Appraiser.
13. RECYCLING PROGRAM
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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:
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r
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
•
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)
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•
Exhibit A
Description of Properties to be Appraised and Appraisal Fees
•
•
City Type of
Parcel Taking Property Address
5 Full Fee 6333 Cedar Avenue South
20 Full Fee 6521 Cedar Avenue South
Fee for
Limited Summary
PID Number Report
25-028-24-22-0060 $3,500.00
25-028-24-23-0004 $3,500.00
TOTAL $7,000.00
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Additional Fee for
Complete
Self-Contained
Report
$2,000.00
$2,000.00
$4,000.00