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05-08-00 agendaCITY OF RICHFIELD, MINNESOTA MONDAY, MAY 8, 2000 RICHFIELD CITY HALL 6700 PORTLAND AVENUE :.:..-.:..-. *4t?Fit**?It***71t***?9tytfkftit?k*it***it*?e?le9e?Fit?k7k**JIe4e*?t?k 1. J, f. f.1. ?kYe9e?t**?k***ye*4nY*****itYeytit?:..::...:.::. *rtie?t4tYe?kykit?k:.:.:..::.:. *tFflt*tt SPECIAL CITY COUNCIL MEETING HEREDIA ROOM 5:30 P.M. CALL TO ORDER ROLL CALL 1. INTERVIEW OF PERSONS INTERESTED'IN'SERVING ON FRIENDSHIP CITY COMMISSION ADJOURNMENT ?kfFYt?Y?k?k?k9k*.::.:.:..::..-.:..::.:. ?ie*?Fitie*?k*ye?t4e*?Y?kit7k*****ie?k?k?t*ink?lr***ieyt?k?k***ie?k?lr**yt?keYyk?k,"..".:..::. eie*?Ir*?It.::. f.l. J.:.:.:.:, 7k**?Y**?R?Init7k?k*?kfk?k SPECIAL CITY COUNCIL STUDY SESSION COUNCIL CHAMBERS 6:00 P.M. CALL TO ORDER ROLL CALL 1. MINNESOTA DEPARTMENT OF TRANSPORTATION PRESENTATION OF PROPOSED CONSTRUCTION PHASING AND DETOURS RELATED TO 1-35W HIGH OCCUPANCY VEHICLE LANE ADDITION AND 1-35W/TH 62 RECONSTRUCTION STAFF REPORT NO. 10 ADJOURNMENT ?Y*?Y?t*ie***?k?kytytYtfY7kfFit?t*4t.::.:.:?:..9e*?kieltAe?tAt**?k**?1t*?t?k.-.:..."..::.:. **ieirie?Yftit*9kit?tie?k f, f, f. i. J, i, **?it J. J.l, f.l, t. *ie:.l. f.l. J. fk***9k*****Ye?k?k:.l.:.1..4 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 CLOSED EXECUTIVE SESSION OF APRIL 24,2000; (2) REGULAR CITY COUNCIL MEETING OF APRIL 24, 2000; AND (3) RICHFIELD BOARD OF EQUALIZATION OF MAY 1, 2000 PRESENTATIONS 1. ACADEMY OF HOLY ANGELS DRAMA GROUP PERFORMANCE AND • DISCUSSION RELATED TO UPCOMING TRIP TO SCOTLAND 2. ANNOUNCEMENT OF RICHFIELD COMMUNITY GARDENS DEDICATION CEREMONY AND ACKNOWLEDGEMENT OF NORWEST/WELLS FARGO .BANK SPONSORSHIP 3. PROCLAMATION DESIGNATING MAY 20, 2000 KIDS DAY AMERICA/ INTERNATIONAL'" 4. -PROCLAMATION DESIGNATING"JUNE-4,"2abO'EARTH 5. PROCLAMATION DESIGNATING MAY 15-1992000 CITY OF RICHFIELD EMPLOYEE HEALTH AND FITNESS WEEK INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 6. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL • 7. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 8. 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 BID MINUTES/TABULATION AND AWARD OF CONTRACT TO RON KASSA CONSTRUCTION, INC. FOR 2000 ANNUAL CURB AND GUTTER, SIDEWALK AND MISCELLANEOUS CONCRETE REPAIR IN AMOUNT OF $36,384 S.R. NO. 123 B. CONSIDERATION OF APPROVAL OF FOUR PROFESSIONAL SERVICES AGREEMENTS FOR 66TH STREET AND TRUNK HIGHWAY 77 INTERCHANGE PROJECT S.R. NO. 124 C. CONSIDERATION OF APPROVAL OF CONSULTANT AGREEMENT WITH BRW, CONSULTING ENGINEERS, FOR DESIGN AND PLAN PREPARATION RELATED TO 7600 BLOCK OF LYNDALE AVENUE IN AMOUNT NOT TO EXCEED $132,020 S.R. NO. 125 D. CONSIDERATION OF APPROVAL OF RESOLUTION GRANTING LAWFUL GAMBLING LICENSE WITH FEE WAIVER FOR FRED BABCOCK VFW POST #5555 TO CONDUCT BINGO ON SUNDAYS FROM 2 TO 5 P.M. S. R. NO. 126 PROPOSED ORDINANCE 9. CONSIDERATION OF FIRST READING OF ORDINANCE ADOPTING 1-494 OFFICIAL MAP FROM 1735W TO PENN AVENUE STAFF REPORT NO. 127 PUBLIC HEARINGS 10. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION GRANTING PRELIMINARY APPROVAL TO AMENDMENT TO COMPREHENSIVE PLAN CHANGING-DESIGNATION OF PROPERTIES IN INTERCHANGE WEST AREA FROM NEIGHBORHOOD COMMERCIAL AND HIGH DENSITY SINGLE FAMILY RESIDENTIAL TO-REGIONAL COMMERCIALJOF .IGE.. CONTINUED FROM APRIL 24, 2000) STAFF REPORT NO. 128 11. PUBLIC HEARING AND SECOND READING-OF-ORDINANCE AMENDMENT TO CITY ADMINISTRATIVE CODE SECTION 1, SUBSECTION 310.31 DESCRIBING HOLIDAY LEAVE FOR SHIFT EMPLOYEES STAFF REPORT NO. 129 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 12. CONSIDERATION OF RICHFIELD FOURTH OF JULY COMMITTEE REQUEST FOR ADDITIONAL FUNDING IN AMOUNT OF $5,500 STAFF REPORT NO. 130 13. CONSIDERATION OF APPOINTMENTS TO FILL VACANT TERMS ON FRIENDSHIP CITY COMMISSION STAFF REPORT NO. 131 AIRPORT BUSINESS 14. CONSIDERATION OF RESOLUTION REQUESTING METROPOLITAN AIRPORTS COMMISSION TO INCLUDE CITY OF RICHFIELD'S RECOMMENDED PRIORITIES IN ITS PART 150 PROGRAM UPDATE STAFF REPORT NO. 132 15. AIRPORT STATUS REPORT CORRESPONDENCE 16. LEGISLATIVE REPORT COUNCIL CHOICE 17. COUNCIL DISCUSSION ITEMS i 18. CLAIMS AND PAYROLLS 19. ADJOURNMENT Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. • AGENDA SECTION: Airport AGENDA ITEM # 14 REPORT # 132 -AM MAY 8, 2000 REPORT PREPARED BY: PAM DMYTRENKO, ASSISTANT TO THE CITY MANAGER NAME TITLE 0 REPORT PRESENTER: STAFF REPORT CITY COUNCIL MEETING DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE /-' SIGNATURE 3--?4 t kt?u?? ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution requesting the Metropolitan Airports Commission to include the City of Richfield's recommended priorities in its Part 150 Program Update. 1. RECOMMENDED ACTION: By Motion: Approve resolution requesting the Metropolitan Airports Commission to include the City of Richfield's recommended priorities in its Part 150 Program Update II. BACKGROUND The Federal Aviation Administration (FAA) Regulation Part 150 Airport Noise and Land Use Compatibility Planning Program was designed by the FAA in the early 1980s to make neighborhoods located near airports more compatible with airport operations. The home sound insulation program started at the Minneapolis-St. Paul International Airport in 1992 and Part 150 contours were updated in 1996. Revisions to the DNL (Day-night Noise Level) noise contour occur every five years in order to respond to the negative effects of airport expansion and fleet mix changes on neighboring communities. MAC's current efforts to update the Part 150 Program began in February 1999 and is intended to be submitted for FAA approval in October 2000. As part of the 1996 update, single family homes located within the 75-65 DNL noise contour were prioritized for sound insulation for overflight noise. In Richfield, a total of 640 single family homes, duplexes and triplexes have been insulated through the Part 150 Program. Homes within the area east of 12th Avenue and north of 66th Street have either been sound insulated or were offered sound insulation. This completes the area of Richfield targeted in the 1996 Part 150 Program. In setting priorities for the 2000 Update, the MAC is considering what priority to give to insulating multi-family homes within the 75-65 DNL contour before beginning the insulation of homes within the 64-60 DNL (as directed by the 1996 State Legislature). In an effort to determine priorities for the current update, the communities of Richfield, Bloomington, Minneapolis, Mendota Heights, Eagan and Inver Grove Heights have been requested to submit comments regarding each community's sound insulation priorities. The attached resolution represents the.City of Richfield's recommended priorities for the 2000 Update. III. BASIS OF RECOMMENDATION A. POLICY • The resolution requesting the MAC to include the City of Richfield's recommended priorities in its Part 150 Program Update, recognizes and formally addresses low frequency noise and its impacts and offers redevelopment as an option for mitigation. Because of limited program funding, the resolution expresses the importance of insulating single family homes, duplexes and triplexes within the 60 DNL before spending millions of dollars on insulating multi-family homes. B. CRITICAL ISSUES Because airport operations are currently changing and will change more dramatically in the future, it is critical that the needs of all impacted communities are recognized and addressed through Part 150 Program revisions. C. FINANCIAL N/A D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION(S) Do not approve the resolution. However, this action would not allow the City to have on record with the MAC its recommended priorities for the Part 150 Program Update. • Defer action to another date. However, this action would cause the City to miss the deadline for submittal to the MAC. V. ATTACHMENTS Resolution requesting MAC to include the City of Richfield's recommended priorities in its Part 150 Program Update. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. • 0 RESOLUTION NO. RESOLUTION REQUESTING THE METROPOLITAN AIRPORTS COMMISSION TO INCLUDE THE CITY OF RICHFIELD'S RECOMMENDED PRIORITIES IN ITS PART 150 PROGRAM UPDATE WHEREAS, it is the goal of the Federal Aviation Administration (FAA) Regulation "Part 150" Airport Noise and Land Use Compatibility Planning Program to make neighborhoods located near airports more compatible with airport noise; and WHEREAS, it is stated in the Part 150 Sound Insulation Program Manual that "due to the dynamic nature of the Part 150 Residential Sound Insulation Program, MAC is constantly changing and improving the program policies and procedures in an effort to provide communities with a quality program"; and WHEREAS, the Metropolitan Airports Commission updates its Part 150 Program every five years to reflect airport expansion and fleet mix changes and is in the process of setting program goals for 2005; and WHEREAS, Studies have proven that construction of the new North-South Runway located two blocks away from dense residential development will have a significant adverse low frequency noise impact on Richfield. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, the following priorities for the Part 150 Program Update: 1. That low frequency noise and its impacts be incorporated into the Part 150 Program and mitigation for low frequency noise be accomplished through the following measures: a) Develop low frequency noise mitigation standards which would include the recognition that residential development within the 87dB is incompatible with airport operations and requires redevelopment to mitigate. b) Make program funds available so that cities may acquire land to convert into more airport-compatible uses. 2. Homes expected to be impacted by high and low frequency noise from Runway 17/35 should receive priority mitigation prior to the operation of the new runway. 3. As directed by the State Legislature in 1996, expand the noise contour for sound insulation for overflight noise to the 60 DNL. Insulate single family homes, duplexes and triplexes located within the 60 DNL prior to insulating multi family homes. Passed by the City Council of the City of Richfield this 8th day of May, 2000. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • AGENDA SECTION: ADMIN. REPTS. AGENDA ITEM # 13 REPORT # 131 .?rv STAFF REPORT CITY COUNCIL MEETING MAY 8, 2000 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASST. NAME, TITLE REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE A DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of appointments to Friendship City Commission 1. COMMENDED ACTION: By Motion: Appoint persons to fill vacant terms on the Friendship City Commission. II. BACKGROUND The Friendship City Commission has several vacancies. Advertisements to fill the vacancies were in the Richfield Sun Current, on cable television channel 16 and the message board outside City Hall. III. BASIS OF RECOMMENDATION A. POLICY • The City advisory commissions were established by City ordinance or resolution. Terms are for three years and are staggered. The Council directs the City Manager's office to conduct a recruitment seeking applicants to fill the vacancies. Interviews of the applicants are 0508appts conducted at a Special City Council meeting. These meetings are posted in accordance with the open meeting law requirements. B. CRITICAL ISSUES • Applicants were interviewed at a Special City Council meeting on May 8, 2000. • There are several vacancies on the Friendship City Commission. • In order to ensure quorums for future meetings, appointments should be made on May 8, 2000. C. FINANCIAL • N/A D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION(S) • Defer appointments to a later Council meeting. V. ATTACHMENTS • Commission vacancy list. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • 0 0 FRIENDSHIP CITY COMMISSION VACANCIES FRIENDSHIP CITY COMMISSION-5 vacancies January 31, 2001 January 31, 2001 January 31, 2003 January 31, 2003 January 31, 2003 r 5/l/00 W I • AGENDA SECTION: Admin. ReUorts AGENDA ITEM # 12 REPORT # 130 J STAFF REPORT, CITY COUNCIL MEETING MAY 8, 2000 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE JIM TOPITZHOFER, RECREATION SERVICES REPORT PRESENTER: DIRECTOR NAME TITLE DEPARTMENT DIRECTOR REVIEW: VIGNATUI& REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Request by Fourth of July Committee for additional funding. I. RECOMMENDED ACTION: By Motion: Approve the request by the Richfield Fourth of July Committee for additional funding in the amount of $5,500. II. BACKGROUND The City of Richfield has featured an annual Fourth of July event for more than 20 years. With 25,000 parade spectators, a spectacular fireworks display and a multitude of family activities, the Fourth of July celebration is the largest community event in Richfield. The event is administered by a group of hard-working resident volunteers who serve on the Richfield Fourth of July Committee. The event currently receives funding support from the City of Richfield in the amount of $12,000, which includes a contingency fund of $8,000. The Fourth of July Committee solicits financial contributions from many community businesses and receives substantial in-kind services from City staff. I 0508 Fourth of July • /dA The committee has been struggling to raise sufficient funds for the past several festivals. Costs have risen while donations have decreased. The committee is requesting another $5,500 of annual support in addition to the $12,000 already budgeted for a total of $17,500 in 2000 and the same amount in 2001. III. BASIS OF RECOMMENDATION A. POLICY • The Fourth of July celebration is not a City-sponsored event. However, the City has consistently provided a significant level of financial and in-kind support to the Richfield Fourth of July Committee for the event. • The City Council must determine an appropriate level for City funding to assist this community event. B. CRITICAL ISSUES • The Fourth of July Committee is anticipating a financial shortfall for 2000 event and would like to know the full extent of funding they may depend upon as they plan for this year's event. • The planning for the event, including the engagement of bands and performers, must be completed as soon as possible. C. FINANCIAL • If approved, staff will include the additional $5,500 support for the Fourth of July Celebration in the 2000 revised budget and the 2001 proposed budget. The addition of another $5,500 mid-year for this event may require the reduction of other activities for 2000. D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION(S) Do not approve the request for an additional $5,500 in funding. Approve a different amount in funding. V. ATTACHMENTS Letter from the Fourth of July Committee VI. PRINCIPAL PARTIES EXPECTED AT MEETING I • John Bjostad, Committee President, and several other members of the Richfield Fourth of July Committee. 0 lP'CP- -' Richfield Hometown 4th of July Committee Inc. ?/P.O. Box 13381 . ? Richfield, Minnesota 55423 April 27, 2000 Mr. James Topitzhofer Director, Recreation Services Department City of Richfield 7000 Nicollet Ave. S. Richfield, MN 55423 Dear Jim, This letter is intended to clarify the request for financial assistance from the City of Richfield for the Richfield Hometown 4`h of July celebration. As you know from our discussions, the 4`h Committee has been struggling to raise sufficient funds for the past several festivals. Costs have risen, while volunteer donations have decreased somewhat. The City of Richfield has generously provided substantial "in-kind" services since the celebration began 21 years ago, and we could not operate without those services. In the past few years, the City of Richfield has further assisted the celebration by establishing a contingency fund to "bail out" the Committee when the total expense exceeded our ability to raise funds. We have had to tap that contingency fund for the last three years, at from $6,000.+ to $9,000.+ each year. We are asking now that the City of Richfield become a "proactive" partner in this celebration financially by committing to a set amount of support each year, We are requesting that for the year 2000 and 2001, that the amount be $17,500. per year, which equates to approximately $.50 per citizen. With this, we could eliminate the "contingency" allocation. We are currently, and intend to continue, to actively seek major funding support from businesses and organizations in our area. The funds we are seeking from the City of Richfield will enable us to have a base to cover our most basic needs despite the vagaries of the volunteer donation collections. • o-3 It is my understanding that if our request is approved, the funds would be administered through the Recreation Services Department. We look forward to a continuation of the close ties this celebration has enjoyed with your department. To say we could not do this celebration without the unflagging support of the Recreation Services Department would be an understatement. The Committee and the citizens who enjoy this celebration are grateful for your support. John Bjostad 1999-2000 President Richfield 4`h of July Committee, Inc. • If I may provide additional information regarding this request, please call me at 612-866-4419 (days) or 612-869-5669 (eves). Sincer lyr,, 0 AGENDA SECTION: PUBLIC HEARING AGENDA ITEM # 11 REPORT # 129 STAFF REPORT: CITY COUNCIL MEETING MAY 8, 2000 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: DAWN WEITZEL, HUMAN RESOURCES MANAGER NAME, TITLE STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of amendment to the City Administrative Code Section 1, Subsection 310.31 describing holidays for employees on the specialized pay plan. I. RECOMMENDED ACTION: Conduct and close the public hearing and By Motion: Approve the second reading of the proposed ordinance amendment to the City Administrative Code Section 1, Subsection 310.31 describing holiday leave for shift employees. II. BACKGROUND It has been increasingly difficult to recruit employees for the pool, ice arena and various recreation positions to work on specific holidays. If there weren't staff available to work on these holidays, the related activities would need to be cancelled. A recommendation is being made to amend Section 310.31 (Holidays for shift employees) to eliminate the current language and instead read: Subd. 6 Holidavs for specialized oav plan employees. Employees engaged in seasonal and intermittent work who are -unable to observe the following holidays will • be compensated at time and one half (1'/) of the employee's regular base rate of pay. Eligible holidays: New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas Day. The first reading of the proposed ordinance amendment was held at the regular City Council meeting of April 10, 2000 and the public hearing and second reading are scheduled for May 8, 2000. • 1 111. BASIS OF RECOMMENDATION A. POLICY • Section 310.31, Holidays for specialized pay plan employees, will aid the City in finding people to work these days. In addition employee morale and the ability to retain employees to work on these holidays will be enhanced. • Elimination of the current_Subd. 6 "Holidays for shift employees" is in observance of the collective bargaining agreement with 911 dispatchers. The current.Subd. 6 is out-dated because dispatchers are now unionized. B. CRITICAL ISSUES I • Section 310.31, Holidays for specialized pay plan employees, allows the City to remain competitive in today's job market. The required legal notice for the public hearing was published in the Richfield Sun Current on April 26,2000. C. FINANCIAL By amending Section 310.31, AI Payne and Jim Topitzhoffer have • estimated the cost to their affected departments be approximately $1,100 in 2000. D. LEGAL • In order to provide the requested benefit enhancement for the specialized pay plan employees, the City Council must approve an amendment to the City personnel ordinance. IV. ALTERNATIVE RECOMMENDATION(S) Do not approve second reading of the ordinance amendment and take no further action. • Defer discussion to another date. • Amend only a portion of the section presented. V. ATTACHMENTS City Administrative Code changes. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • ..- ¦ BILL NO. AMENDMENT TO SECTION 310.31 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: • //_d Section 1. Subsection 310.31 Subd. 2 of the ordinance code of the City of Richfield entitled "Eligibility for paid holidays" is hereby amended: Subd. 2. Eliaibilitv for paid holidavs. Regular employees and full-time probationary employees, era; Teti-p°s ;,;el who-aFe shift employees-, are eligible for the paid holidays listed above. Employees must be on pay status the work day immediately preceding and the work day immediately following a holiday to be eligible for such holiday. Employees who are required to be on duty and are unable to observe a holiday will be permitted to take their allowed number of holiday hours of leave with pay within twelve months of the holiday worked. (Amended, Bill No. 1995-10, Sec. 44) Section 2. Subsection 310.31 Subd. 6 of the ordinance code of the city of Richfield entitled "Holidays for specialized pay plan employees" is hereby amended: Subd. 6. laday fnr shaftemr.loyees. Holidavs for specialized Dav plan emolovees. Emolovees enaaaed in seasonal and intermittent work who are unable to observe the following holidavs will be compensated at time and one half f1 '/1 of the emplovee's reaular base rate of Dav. Eliaible holidavs: New Year's Dav. Memorial Dav. Julv 4th. Labor Dav. Thanksaivina Dav and Christmas Dav. ?mT eRGlaaed an shy leave gFanted-- Ne w YeaF' Ply MerneFial Day 4th of jul Section 3. This ordinance is effective in accordance with section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 8th day of May, 2000. Martin J. Kirsch, Mayor ATTEST: 0 Thomas P. Ferber, City Clerk AGENDA SECTION: Public Hearings AGENDA ITEM # 10 REPORT # 128 STAFF REPORT =990 CITY COUNCIL MEETING s MAY 8, 2000 JULIE URBAN, REPORT PREPARED BY: ZONING ADMINISTRATOR NAME, TITLE BRUCEPALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW REVIEWED BY CITY MANAGER: SIGNATURE ?^^ L - ITEM FOR COUNCIL CONSIDERATION: Continued public hearing on an amendment to the Comprehensive Plan for the Interchange West area. I. RECOMMENDED ACTION: Continue and close a public hearing and by motion: Adopt a resolution granting preliminary approval to an amendment to the Comprehensive Plan that would change the designation of properties in the Interchange West area from neighborhood commercial (C-N) and high density single family residential (R-SFH) to regional commercial/office (R-C/O). II. BACKGROUND The Interchange West area, from 76th to 78th Streets and Knox to Penn Avenues, has been identified as a redevelopment area since 1997. CSM Corporation had proposed a concept for the area that included an office and hotel development adjacent to the freeway and townhomes, apartments, and some neighborhood commercial between the commercial development and 76th Street. The layout and mix of land uses of the proposed development were consistent with the classifications in the Comprehensive Plan Guide Plan. 0508CPamend In 1999, CSM determined that it would not be able to develop the proposed plan. Best Buy. Co., Inc. began. studying the area as a potential site for its corporate headquarters. On March 20, the Housing and Redevelopment Authority (HRA) approved a Contract for Private Development with Best Buy. The proposed concept plan for the Best Buy development includes 1.5 million square feet of office space. The office development is consistent with the Comprehensive Plan Regional Commercial/Office classification for the majority of the property. The northern portion of the development is, however, guided for housing and neighborhood commercial, which the Best Buy concept does not include. A Plan amendment to designate this northern area as Regional Commercial/Office is necessary to proceed with the proposed office development. The City Council held a public hearing on the amendment on April 24, 2000 and continued the public hearing to May 8, 2000. III. BASIS OF RECOMMENDATION A. POLICY • The Comprehensive Plan goals and objectives and the text for the West 1-494 subarea are supportive of the proposed amendment. (See Attachment A, highlighted portions) • The Comprehensive Plan calls for a net gain of 1,125 housing units throughout the City. The net gain with the amendment would be 1,038 housing units, a reduction of approximately 87 housing units. While housing is no longer a part of the proposed concept plan, approximately $7 million of the tax increment generated by the development will be placed in a housing fund to finance construction and rehabilitation of affordable and market rate housing throughout the community. B. CRITICAL ISSUES • Staff met with Metropolitan Council staff last fall to review the potential amendment. Metropolitan Council staff were. supportive of the City's efforts to create jobs and increase the density of development within the I-494 beltway. • The Comprehensive Plan amendment is one step in the review process for the Best Buy development. Additional zoning, financial, and environmental approvals will also be needed before the development can move forward. At this time, staff anticipates consideration of these items in late fall, 2000. • The impact of traffic from the proposed office development was a significant issue raised at the Planning Commission public hearing. The Comprehensive Plan guide plan considers the impact of proposed land uses on the transportation system from a broad perspective. A detailed study of traffic impacts caused by the specific development proposed by Best Buy and the various alternatives to mitigate those impacts will be conducted over the next several months as part of the Environmental Impact Statement (EIS) process. There will be two public meetings scheduled during the EIS process for residents to review detailed traffic information and provide feedback. At this time, staff anticipates these meetings to occur in June and September. • The Comprehensive Plan provides a broad framework for the City to use when reviewing specific development proposals. The Plan will provide that framework when the City reviews the EIS, the planned unit development plan, and the final development plan. C. FINANCIAL. • N/A D. LEGAL • The City Council must adopt and amend the Comprehensive Plan by resolution by two-thirds vote of the full Council. • Following Metropolitan Council review, this matter shall come back to the City Council for final consideration. • The proposed amendment to the Comprehensive Plan would not be .effective until the property is held in common ownership or control by one owner. • On March 28, 2000, the Planning Commission conducted a public hearing on the amendment and voted unanimously to approve the amendment. They voted in support of the amendment with the understanding that the amendment would not take effect if the Best Buy proposal did not proceed. • The City Council is not required by state statute to conduct a public hearing on a Comprehensive Plan amendment; however, it has been City policy for both the Planning Commission and City Council to hold a public hearing. • Notice of the public hearing was published in the Sun-Current on April 12, 2000 and mailed to property owners and occupants within the following area: 78th to 75th Streets, 35W to Sheridan Avenue, properties abutting 76th Street from Sheridan to Xerxes Avenue. Notice was also mailed to persons who have requested notice of hearings related to the project. The City Council continued the public hearing from April 24, 2000 to May 8, 2000. IV. ALTERNATIVE RECOMMENDATION(S) Delay the Comprehensive Plan amendment at this time; however, this decision would delay many other aspects of the development process. Deny the amendment. V. ATTACHMENTS • Resolution amending the City's Comprehensive Plan concerning the Interchange West area • Attachment A,, excerpts from the Comprehensive Plan • Attachment B, map of existing and proposed Comprehensive Plan classifications )c) -3 VI. PRINCIPAL PARTIES EXPECTED AT MEETING 40A significant number of residents within, and adjacent to, the development area may be present. 0 iD-4 • RESOLUTION NO. RESOLUTION GRANTING PRELIMINARY APPROVAL TO AN AMENDMENT OF THE CITY'S COMPREHENSIVE PLAN CONCERNING THE INTERCHANGE WEST AREA WHEREAS, the City's Comprehensive Plan provides a Guide Plan establishing classifications for individual property; and WHEREAS, the property located in the Interchange West area, specifically between Knox and Penn Avenues and 76th Street and midway between 77th and 76th Street is designated R-SFH (high density single family residential) and C-N (neighborhood commercial) [the "subject area"]; and WHEREAS, the City has reviewed the Guide Plan classifications and determined that it would be appropriate to classify this area as C-R/O (regional commercial/office); and WHEREAS, the Planning Commission has conducted a public hearing concerning modifying the Guide Plan classifications of property in the subject area; and WHEREAS, the appropriate jurisdictions have been notified of the amendment; and WHEREAS, the Planning Commission approved the modification on March 28, 2000 following a public hearing; and WHEREAS, the City Council held a public hearing on the amendment on April 24, 2000 and May 8, 2000; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. The City of Council makes the following findings of fact: A. An objective of the Comprehensive Plan is to "advocate and support with municipal investment a high quality visual environment throughout the City and particularly along major transportation corridors. The proposed amendment is consistent with this objective. B. The amendment is also consistent with the following goal of the Comprehensive Plan: "Provide an economic climate within Richfield that will encourage the availability of quality goods, services and employment opportunities for residents." C. The amendment is consistent with the Comprehensive Plan goal to, "Promote diverse development that will broaden the tax base while reinforcing the residential character of Richfield," and with its accompanying objective, "promote development that can support itself and broaden the tax base." D. The amendment is consistent with the following Comprehensive Plan objective: "promote Richfield's locational advantage within the greater metropolitan area." • ?JE. The amendment is consistent with the Comprehensive Plan objective to "address the means to improve the visual quality throughout the City, concentrating on design districts and transportation corridors, beginning with land use coordination." F. The amendment is consistent with the description of the 1-494 West subarea plan that states as follows: "The area between 1-35W and Penn Avenue offers the same future commercial development potential as its counterpart to the east of 1-35W." G. Although housing is not part of the development that is currently being proposed for the subject area, approximately $7 million of the tax increment generated by the development will be placed in a housing fund to finance construction and rehabilitation of affordable and market rate housing throughout the community. 2. The amendment of the City's Comprehensive Plan, to change the classifications of property in the subject area from R-SFH and C-N to C-R/0, is hereby preliminarily approved, subject to review and approval by the Metropolitan Council. Following Metropolitan Council review, this matter shall come back to the City Council for final consideration. 3. The preliminary approval granted herein is subject to the following conditions: 0 a. A determination that the final Environmental Impact Statement (EIS) prepared for the Best Buy project is adequate. b. All of the property in the subject area must be under common ownership or control, consistent with development of a regional commercial/office complex. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of May, 2000. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • /D _60 Attachment A • RICHFIELD COMPREHENSIVE PLAN Volume One: Executive Summary COMMUNITY WIDE GOAL1 Preserve those elements that contribute to and enhance the small town character and communitv identity. Objectives ¦ redevelop the housing supply to meet diverse needs while maintaining the integrity of existing neighborhoods ¦ encourage community participation in order to reinforce a sense of community ownership and belonging ¦ continue municipal investment that enhances community pride ¦ preserve historical, natural and cultural resources GOAL 2 Maintain and enhance Richfield's image as a distinct and livable communitv. Objectives ¦ maintain and provide quality amenities and a safe living environment for all residents ¦ advocate and support with municipal investment a high quality visual environment throughout the City and particularly along major transportation corridors ¦ encourage and support a diversity of compatible non-residential land uses that are accessible and responsive to the needs of Richfield and adjacent communities GOAL 3 Provide an economic climate within Richfield that will encourage the availability of quality Goods, services and emolovment opportunities for residents. Objectives ¦ encourage business growth ¦ encourage and support the development of strong commercial districts that respect the values and standards of the citizens of Richfield ¦ encourage the development of viable and responsive neighborhood commercial services GOAL4 Encouraae and facilitate the preservation and development of a transportation infrastructure that provides a hiah decree of accessibility for destinations in and around Richfield., Objectives ¦ encourage the development and preservation of transportation connections with neighboring communities ¦ encourage the development and use of alternative methods of transporation ¦ promote Richfield's locational advantage within the greater metropolitan area ¦ develop pedestrian and bike facilities that are functional, attractive, safe and accessible ¦ promote transit-sensitive development ECONOMIC GOAL 5 Promote diverse development that will broaden the tax base while reinforcing the residential character of Richfield. Objectives ¦ promote development that can support itself and broaden the tax base to -`7 ¦ manage development in a manner that will not harm the residential character of Richfield ¦ create commercial districts that sustain specific types of development and stabilize the economic base 10 ¦ encourage diverse, high-quality development that meets the needs of all residents and neighbors TRANSPORTATION GOAL6 Expand the existina transportation svstem so as to improve accessibilitv and the aualitv of life for all Richfield residents. Objectives ¦ neutralize impact on the residential areas by focusing on accessibility ¦ strengthen coordinated transportation efforts with other communities in the metropolitan area that enhance and reinforce the location advantages of Richfield ¦ pursue improved system services to increase flexibility and access ¦ address parking and highway use through travel demand management (TDM) and other means to reduce congestion ¦ continue to support the long-term operation of the existing airport in the metropolitan area, working with the federal agencies to provide a quality living environment for those residing near the airport ¦ minimize the traffic impacts of parking areas GOAL7 Emphasize and encouraae alternate forms of transportation. Objective ¦ develop a city-wide system of bike trails COMMUNITY ENVIRONMENT GOAL8 Achieve a standard of land use that is reflective of the "home town" character of Richfield.. Objectives ¦ consider Richfield's role in the metropolitan area as a basis for land use policies ¦ develop residential standards for land use that will support neighborhood character ¦ promote the development of housing stock that is available to all income levels ¦ support commercial land use that is diverse and responsive to its context and the socio- economic needs of Richfield ¦ maximize the use of existing structures for community needs ¦ minimize the impacts of parking GOAL 9 Continue to provide hiah duality parks and open spaces that are available on a neiahborhood and communitv-wide basis. HUMAN ENVIRONMENT GOAL 10 Improve the aualitv of life in Richfield by addressina human environmental and visual resources.. Objectives ¦ promote the improvement of environmental elements (water quality) that can enhance the image of Richfield ¦ reduce residual noise and air pollution that can harm the health and safety of Richfield residents ¦ address the means to improve the visual quality throughout the City, concentrating on design districts and transportation corridors, beginning with land use coordination ¦ provide environmental standards that will be consistent with the needs of the next decade and reinforce the City's image as a sustainable and environmentally sensitive city ¦ minimize the environmental impacts of parking /0 _ 8 • NATURAL ENVIRONMENT GOAL 11 Recoanize the value of the urban forest to the communitv by developina policies that will preserve the existina urban forest and encouraae its continued arowth and expansion. Objectives ¦ develop policies that will encourage an urban forestry approach to energy conservation ¦ continue to encourage a diversity of tree species that will prevent the depletion of urban. trees from disease ¦ develop policies and construction specifications that will minimize damage to the existing urban forest canopy GOAL 12 Ensure the Dreservation of a hiah level of water aualitv by reducina the use of pesticides and chemical turf treatments that contribute to water pollution. INFRASTRUCTURE GOAL 13 Create an infrastrucure that responds to the needs of the next decade Objectives ¦ promote infrastructure improvements that are responsive to and appropriate for existing and future needs ¦ promote an infrastructure that is efficient and of high quality GOAL 14 Assure the Iona term maintenance and eventual replacement of infrastructure. Objectives ¦ provide adequate annual funding for maintenance ¦ select, train and retain capable maintenance staff GOAL 15 Promote infrastructure that is environmentally responsible. GOAL 16 Reduce visual and ohvsical clutter by burvina all new and replacement infrastructure utilities. RICHFIELD COMPREHENSIVE PLAN Volume Three: Plan Elements J.1-494 CORRIDOR (WEST) The area between 1--35W and Penn Avenue offers the same future commercial development potential as its counterpart to the east of 1-35W. What it lacks is an upgraded street between the two freeway interchanges. The Plan proposal suggests a concept to approach that situation by improving Knox Avenue and West 77th Street as the commercial connection to support proposed Regional Commercial (C-R) sites on both sides of that upgraded street. The existing development can support or justify this and should be a strong candidate for complete or partial redevelopment with the support of this plan proposal. A mixed use project including High-Density Residential and Office would be most likely and is so designated. /D - 9 West 76th Street carries very high traffic volumes today and the increased density and character of the development in the proposed Plan will add even more traffic, particularly between Penn Avenue and 1-35W. 16 For that reason, the Plan proposal would close (or limit movements to right-in and right-out only) all of the intersections east of Penn Avenue except Logan and Newton Avenues and relocate the service road by combining it with the freeway ramp in order to improve the safety and movement of local and through traffic. i /o - / / Attachment B • Existing Comp Plan Classifications ,%%K6?? VV II '?1/1 ,:1V K VY +'? flJ 1.1; 1 I l! ?,??;,? vv n vv+ u, v r 1VI O p? c? ? NrrtiM Nu Z 1 1?/1 S?.u Vllf 11 .1 /1 li ' 1 76M ST w ................ ! 11 ? i i ? 1 I _ Ir ............. .:::::::. {.......... ...:..::::. :n nom:, :........,, .. ..?:: nom::::::• .:. " ..; i vim: •v.. .....:. v.. • AGENDA SECTION: Proposed Ordinance AGENDA ITEM # 9 REPORT # 127 STAFF REPORT =09" CITY COUNCIL MEETING MAY 8, 2000 REPORT PREPARED BY: THOMAS FOLEY, -TRANSPORTATION ENGINEER NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: First reading of an ordinance adopting an 1-494 Official Map from 1-35W to Penn Avenue. I. RECOMMENDED ACTION: By Motion: Approve first reading of the ordinance adopting the I- 494/Penn Official Map as an official map indicating that the road design is accurate and additional right of way is identified for the future reconstruction of 1-494 and set a public hearing and second reading of the ordinance for June 12, 2000. IL BACKGROUND The Met Council's Right of Way Acquisition Loan Fund (RALF) makes zero-interest loans available to assist in the purchase of land that is needed for roadway projects, such as the widening of 1-494. The loan program is administered by the Metropolitan Council and is designed to reserve right of way in areas where the cost of land is escalating. To qualify for a loan the City must adopt an Official Map for 1- 494 showing the additional right of way needed for expanding 1-494. A 05080fficial I-494ROWMap q-/ According to state law the Planning Commission must adopt and the City Council must approve the 1-494 Official Map in the area between Penn Avenue and 1-35W because 16 the map is considered a special land use control. Building permits are subject to the conditions of the Official Map as outlined below in the Policy section. The Official Map protects the City from escalating costs associated with the purchase of property at a later date when the road improvement is made. The City of Richfield is seeking several funding sources to expedite the construction of the Penn Avenue Bridge over 1-494. The money from a RALF loan can be used for the redevelopment of the Interchange West area and for the needed transportation improvements. III. BASIS OF RECOMMENDATION A. POLICY • The Official Map must be certified by the Minnesota Department of Transportation that the road design is accurate and requires additional right of way identified in the Official Map. • The Richfield Planning Commission reviewed the proposed 1-494 Official Map and took action at the April 25, 2000 meeting to find the Map in compliance with the Comprehensive Plan and to recommend adoption of the Official Map. • Notice of a Public Hearing and Second Reading will be published. Owners of property affected by the Official Map, as identified on the attached map, will receive mailed notice of the Public Hearing. • The Official Map will have an effect on the issuance of building permits. Building permits are the control mechanism for carrying out the objectives of the Official Map. There are two aspects of this control. o If following the adoption and filing of the Official Map, a landowner, without a building permit, or in violation of the provisions of a building permit, places a building or structure within the limits of the proposed street, then when the City acquires the land for street purposes, it will not have to pay damages for the loss of that portion of the building or structure lying within the proposed street area. o Although the statute is not entirely clear on the question of issuing building permits for construction within the proposed street area, the City Attorney believes the following procedure is contemplated: ¦ If a building permit application discloses that construction is planned within the proposed street area, the building official should deny the permit. ¦ Upon denial, the applicant can appeal the denial to the Board of Adjustment and Appeals. The Board can grant the permit if it makes certain findings • That the entire property, including the part affected by the Official Map, cannot yield a reasonable return to the owner unless the permit is granted, and 40 • That on balance, the grant of the permit is required "in the interests of justice and equity". If the Board of Adjustment and Appeals authorizes the issuance of the permit, then the building official must issue the permit unless within the six-month period beginning with the date that the authority is given, the City institutes proceedings to acquire the land. Consequently, once land has been placed within a proposed street in the Official Map, the opportunity of the landowner to build in that area is made more difficult. ' B. CRITICAL ISSUES I To carry out the policies of the major thoroughfare plan for 1-494 and of the community facilities plan of the City, there is need for an Official Map for 1-494 showing the additional right of way needed for expanding 1-494. An official map limits new development within the area identified on the Official Map so that the land is reserved for future roadway construction. C. FINANCIAL • Adoption of an official map will qualify the City of Richfield to obtain a zero interest loan from the Metropolitan Council that can be used to purchase the land needed for the reconstruction of 1-494 and, in particular, the Penn Avenue Bridge. D. LEGAL The City attorney will be present at the Council meeting and will be available for counsel. IV. ALTERNATIVE RECOMMENDATION(S) Council could recommend against or not take action on the adoption of the official map; however, monies may not be available later and construction of the Penn Avenue Bridge could be delayed. • Council could schedule the public hearing and second reading for some time other than June 12, 2000. V. ATTACHMENTS Proposed ordinance • 1-494 Official Map, 1-35W to Penn Avenue 1-494 proposed layout: Minor revisions are being made - an updated layout will be available at the meeting VI. PRINCIPAL PARTIES EXPECTED AT MEETING I None. 9-3 BILL NO. AMENDMENT TO APPENDIX B OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Appendix B of the ordinance code of the City of Richfield entitled "Richfield Zoning Code" is hereby amended: The City Code is amended by adding a new section 551 to read: SECTION 551 - ZONING: OFFICIAL MAP 550.01. Official Map -1-494. Subd. 1 Adoption. For the purpose of carrying out the policies of the policies of the major thoroughfare plan and the community facilities plan of the City, the official map of the 1-494 expansion is hereby adopted. Subd. 2 On File. A copy of the official map, or sections thereof with a copy of the adopting ordinance attached shall be filed with the County Recorder and be on file in the Community Development Department of the City. Passed by the City Council of the City of Richfield, Minnesota this day of , 20_. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 • Properties Affected by I-494/Penn Official Map PREPARED BY THE CITY OF RICHFIELD ENGINEERING DIVISION 5/2/2000 E O AFFECTED PROPERTIES RIGHT OF WAY LINE • 1 i •I .1 e _ i ft WFU;s (±S fL) bond Wn 1 494 I ML Addttlonol I - ?a .1 - .. I M n?.d.d fpr cm.4uctlon qnl 4 g woo.. I ? I 1 -1 €I s, i 1 ? AGENDA SECTION: Consent AGENDA ITEM # 8D REPORT # 126 m- STAFF REPORT CITY COUNCIL MEETING • MAY 8, 2000 BETSY CHRISTENSEN, ADMINISTRATIVE REPORT PREPARED BY: SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: Ed rcla -th \ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution granting the renewal of a lawful gambling license with fee waived for Fred Babcock Post #5555, 6401 Lyndale Avenue South. if I. RECOMMENDED ACTION: By Motion: Approve the resolution to renew a lawful gambling license, with fee waived, for Fred Babcock Post #5555, 6401 Lyndale Avenue South, that will allow the applicant to conduct bingo on Sundays from 2 to 5 p.m. II. BACKGROUND On April 20, 2000, Fred Babcock VFW Post #5555 submitted an application for renewal of their lawful gambling license. The applicant is proposing to conduct bingo on Sundays from 2 p.m. to 5 p.m. • The Public Safety Department has conducted the required background investigation and has determined that the applicant has complied with all requirements. The applicant is also requesting the $100 investigation fee be waived. 0508VFW Gambling 2 [)?- ' III. BASIS OF RECOMMENDATION A. POLICY Richfield City Code 1100.13 requires the Public Safety Department to review the request for the gambling license and make its review and recommendation to the City Council. The applicant has complied with the state statutes and city code pertaining to lawful gambling. The applicant has submitted the request within sixty days of the renewal of the license. The applicant has demonstrated that the gambling activity requested is a benefit to the community. B. CRITICAL ISSUES N/A C. FINANCIAL • N/A D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could pass a resolution specifically disapproving the renewal request; however, staff has determined that there is no basis for this alternative. • The Council could decide to not waive the investigation fee. V. ATTACHMENTS A resolution granting approval for the Fred Babcock VFW Post #5555 to conduct lawful gambling. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Gambling Manager i 26--cl 0 RESOLUTION NO. A RESOLUTION GRANTING APPROVAL FOR THE FRED BABCOCK VFW POST #5555 TO CONDUCT LAWFUL GAMBLING WHEREAS, the Fred Babcock VFW Post #5555 has submitted an application for renewal of their lawful gambling license; and WHEREAS, Minnesota Statute Section 349.213 provides authority for review of applications by local authorities; and WHEREAS, the Department of Public Safety has completed an investigation of the application and finds the application to be in order; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, City of Richfield, Minnesota, as follows: 1. That a lawful gambling license be granted to the Fred Babcock VFW Post #5555, 6401 Lyndale Avenue South. 2. The investigation fee be waived. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of May, 2000. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 • AGENDA SECTION: Consent AGENDA ITEM # 8C REPORT # 125 J MAY 8, 2000 • REPORT PREPARED BY: REPORT PRESENTER: STAFF REPORT CITY COUNCIL MEETING DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: GEORGE L. ATKINSON, ENGINEERING SUPERVISOR NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE SIGI?fTURE 1 ITEM FOR COUNCIL CONSIDERATION: Consideration of consultant agreement with BRW, Consulting Engineers, for design and plan preparation related to the 7600 block of Lyndale Avenue. ,A I. RECOMMENDED ACTION: By Motion: Authorize execution of a work order, in an amount not to exceed $132,020, entering into agreement with BRW, a consulting engineering company, to provide survey and design services for the reconstruction of the 7600 block of Lyndale Avenue. II. BACKGROUND Reconstruction of Lyndale Avenue from 76th Street south across 1-494 and into Bloomington, including replacement of the Lyndale Avenue bridge and the addition of a second left turn lane from north bound Lyndale to west bound 77th Street, has been in the Capital Improvement Program for several years. This project was originally scheduled for construction in 2001. The redevelopment of both sides of the 7600 block of Lyndale Avenue has made it necessary to split the proposed work into two segments and to start the 7600 block segment a year earlier than previously anticipated. C- The requested authorization would allow BRW to design and draft plans and specifications for the reconstruction of the 7600 block of Lyndale Avenue. Construction will be started this year and will be coordinated to tie into the Lyndale Avenue bridge replacement project that is scheduled to begin next year. III. BASIS OF RECOMMENDATION A. POLICY • Richfield has worked at great length to provide the necessary infrastructure to accommodate new development within the City. • Richfield's Comprehensive Plan encourages the development of "quality amenities and a safe living environment..." and "pedestrian and bike facilities that are functional, attractive, safe and accessible...". The Plan also places emphasis on expanding "the existing transportation system so as to improve accessibility...". • BRW is one of the engineering consulting firms with a master agreement with the City. This proposed agreement, based on the master agreement, requires Council action because the amount exceeds $25,000. • The City Charter does not require a public hearing for this consultant agreement because the planned improvement lies within the right-of- way of Lyndale Avenue. B. CRITICAL ISSUES • Timing is critical on this project as the developers of the 7600 block of Lyndale Avenue will need a new street to serve their tenants by the end of the construction season this year. Staff has also made commitments to Bloomington, the Minnesota Department of Transportation (MnDOT) and others to begin the replacement of the Lyndale Avenue Bridge over 1-494. C. FINANCIAL I • No right of way costs are anticipated under this project. Construction and related costs will be paid from Richfield's Municipal State Aid (MSA) construction account (gas tax proceeds). The MSA account will fund the cost of the consultant agreement. D. LEGAL I • No legal issues are apparent at this time. IV. ALTERNATIVE RECOMMENDATION(S) • Council could direct staff to hire another firm to do this design; however, because of time constraints, BRW has already begun work on this project. • Council could direct staff not to proceed with this project; however, this project is a critical link in the redevelopment of the Lyndale Gateway area, replacement of the Lyndale Avenue bridge and, ultimately, the addition of new lanes to 1-494. SC--a- V. ATTACHMENTS Proposed work order. • Map showing improvements on 76th Street VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • • Work Order Form 8C_3 This is Exhibit A, consisting of _ pages, referred to in the Agreement Between OWNER and ENGINEER for Professional Services Initials: OWNER_ ENGINEER WORK ORDER NO. 19 Authorization to proceed and site-specific scope of services Project: Lvndale Avenue_ 76th Street Location: Richfield. Minnesota to 77th Street Improvements C.P. 401-30-672 We hereby authorize you to proceed with the following phases of services for the above-referenced Project and location in accordance with the agreement between OWNER and ENGINEER dated December 28, 1999. Preliminarv desitn and final desien services for the reconstruction of Lvndale Avenue from 77th -Street to 76th Street and associated imnrovements in accordance with the attached nronosal. ! Payment shall be on the basis of (select from the following): • ? Cost Plus Fee: Direct Salary Cost times audited overhead plus fee of percent and reimbursable expenses. ? Cost Plus Fixed Fee: As for Cost Plus Fee, however total Fee shall not exceed ? Lump Sum: One sum payable by percent of completion of the Services (includes costs, expenses and fee). ? Cost Times a Factor: Direct Salary Cost times a factor of , plus reimbursable expenses. ® Standard Hourly Billing Rates: Hourly rates plus reimbursable expenses. The Not to Exceed Limit for this Work Order is: $132,020.00 ENGINEER: BRW, INC. Signed: to j PtJ',AG?,7 Its: l c Dated: `1I Attachment • OWNER: CITY OF RICHFIELD Signed: Its: Dated: r:\ie-docs\mjc\exhib-a.wpd • 0 • BRW A DAMES & MOORE GROUP COMPANY April 20, 2000 Mr. Michael J. Eastling, PE Director of Public Works City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 g c-q Thresher Square 700 Third Street South Minneapolis, Minnesota 55415 612 370 0700 Tel 612 370 1378 Fax wwwbrwinc.com RE: Lyndale Avenue - 77th Street to 76`h Street City Project 401-30-672 Proposal for Additional Preliminary Design and Final Design Services (Revised) Dear Mr. Eastling: BRW, Inc. is pleased to provide a proposal for survey and design services for the Lyndale Avenue project located in Richfield, Minnesota. Based on discussions held during recent design development meetings at the City of Richfield, the following revised scope of work and fee estimate is provided. SCOPE OF WORK TASK 1.0 PRELIMINARY DESIGN PHASE Task 1.1 Additional Preliminary Design BRW will prepare additional design alternatives for the proposed roadway alignment for discussion with City staff. BRW will prepare schematic design development plans for the urban design features of the project to include boulevard paving treatments, appurtenances, planting palette and lighting concepts. Three presentation meetings with City staff are included in this task. A cost estimate based on the final approved concept will be prepared. Task 1.2 Signal Justification Report BRW will prepare a signal justification report for the traffic signal system at Lyndale Avenue and 76`h Street as required by MnDOT. TASK 2.0 FINAL DESIGN PHASE Upon approval of the preliminary design concept, final design services will be provided as identified in Section 2.4 of our Agreement and further detailed as follows. Task 2.1 Engineering Services Task 2.1.1 Supplemental Surveying BRW shall complete additional field survey to include additional topographic survey of 76`' Street, 77`'' Street, and Garfield Avenue within the project limits as required for final design. Offices Worldwide ® BRW 5C'5 • '''o' a A DAMES & MOORE GROUP COMPANY Mr. Michael J. Eastling, PE April 20, 2000 Page 2 Task 2.1.2 Preparation of Base Sheets BRW will prepare base sheets for the design in Imperial units in AutoCAD Version 14.0. Base sheets will be prepared for plan and profile sheets at a scale of 1 "=20' and for plan view sheets at a scale of 1"=20' and 1 "=40'. Task 2.1.3 Preparation of Construction Plans Construction plans will be prepared for the following tasks in accordance with MnDOT State Aid standards and submitted to MnDOT State Aid for review and approval. Plans will be prepared for the reconstruction of Lyndale Avenue from north of 77`h Street to and including the 76`h Street intersection, to include the construction of a median and several turn lanes within the Lyndale Avenue cross section. Plans will be prepared for the reconstruction of a portion of 76' Street from Aldrich Avenue to Garfield Avenue to provide bicycle lanes with a striped taper back to the existing roadway section both east and west of Lyndale Avenue. Plans will be prepared for the construction of a right turn lane and driveway along 77`' Street into the development west of Lyndale Avenue. Plans will be prepared for the reconstruction of the bituminous pavement on Garfield Avenue from 76`'' Street to 77`h Street. The following plan sheets will be prepared: Task 2.1.3.1 Typical Sections Typical sections will be developed for each of the proposed street cross-section conditions. Task 2.1.3.2 Construction Staging and Traffic Control Construction staging and traffic control plans will be developed for the construction of the improvements. It is proposed that Lyndale Avenue is closed during the reconstruction of the roadway. Plans will be prepared for a proposed detour. Traffic will be maintained along the remaining streets during construction as much as possible. A conceptual construction staging and traffic control plan will be prepared for review and discussion with City staff prior to plan submittal. Task 2.1.3.3 Removal and Demolition Plans Removal and demolition plans will be prepared to include the removal of improvements within the Lyndale Avenue project limits from back of curb to back of curb. Removal requirements will be included as required for the construction of proposed improvements along 76`h Street and 77' Street. Requirements will be included for the removal of bituminous pavement and adjustment of structures within the pavement along Garfield Avenue. Removal of the curbs and driveway aprons along Garfield Avenue will be by others. Task 2.1.3.4 Plan and Profile Sheets Plan and profile sheets will be prepared for proposed street design within the project limits noted above for Lyndale Avenue, 76"` Street, 77`'' Street, and Garfield Avenue. Offices Worldwide BRW • ° A DAMES & MOORE GROUP COMPANY Mr. Michael J. Eastling, PE April 20, 2000 Page 3 Task 2.1.3.5 Storm Sewer Profiles Storm sewer profiles will be prepared for the proposed improvements along Lyndale Avenue, on the north side of the 77' Street intersection and at the 76th Street intersection. Task 2.1.3.6 Signage and Striping Plans Signage and striping plans will be prepared for Lyndale Avenue, the proposed 77"' Street driveway, 76`h Street, and Garfield Avenue. Plans for 76' Street signage and striping will include a striped taper from the proposed section at Lyndale Avenue back to the existing four lane section both east and west of the Lyndale Avenue intersection. Task 2.1.3.7 Traffic Signal Plans Traffic signal plans will be prepared for the Lyndale Avenue/ 77' Street intersection to include the relocation of traffic signal poles as required for the proposed improvements and modifications to the left • turning movement programming for southbound Lyndale Avenue. Traffic signal plans will be prepared for the Lyndale Avenue/ 76`h Street intersection to include the relocation of traffic signal poles and mast arm modifications as required for the proposed roadway improvements to include the realignment of 76`h Street to a three lane section with bike lanes and the addition of the left turning movement programming for all directions of traffic. Plans will be prepared for temporary traffic signals to be installed at both intersections prior to the construction of the permanent traffic signal improvements which will require the systems to be turned off for the duration of the modifications. Task 2.1.3.8 Paving Joint Plans • Paving joint plans will be prepared for the proposed concrete pavement for Lyndale Avenue, 76`h Street and the driveway on 77' Street. 2.1.3.9 77`h Street Joint Repair Plans Plans will be prepared for the repair of approximately four existing concrete joints and the construction of approximately four to six additional joints along 77`h Street west of Lyndale Avenue at locations agreed upon with City staff. Task 2.1.3.10 Detail Sheets Detail sheets will be prepared for the proposed improvements included in Task 2.1. Offices Worldwide ?BRW K_1? 13M A DAMES & MOORE GROUP COMPANY Mr. Michael J. Eastling, PE April 20, 2000 Page 4 Task 2.1.3.11 Title Sheet and Statement of Estimated Quantities A title sheet and plan sheet(s) for the statement of estimated quantities will be prepared as required by MnDOT. The statement of estimated quantities will be prepared with the proposed improvements for Lyndale Avenue, 76"' Street, 77`h Street and Garfield Avenue broken out as necessary into participating, non-participating and landscaping categories, to include information provided by the urban design staff for streetscape/landscape improvements. Task 2.1.4 Coordination Meetings BRW will attend up to three project coordination meetings with City staff to discuss design details of the project. Task 2.1.5 Project Cost Estimate BRW will prepare a construction cost estimate based on the proposed improvements included in the final . construction plans. Task 2.1.6 Construction Specifications/Special Provisions BRW will provide a project manual to include special provisions and other required construction specifications for improvements included in this scope of work related to the infrastructure design included in Task 2.1. Task 2.1.7 Geotechnical Investigation BRW will coordinate geotechnical investigation services if necessary for the design of the project. However, it is assumed that all fees for required geotechnical investigation will be billed directly to the City by the company performing the work. Task 2.1.8 Bidding Assistance BRW will provide bidding assistance to include preparation of Advertisement for Bid, attendance at pre- bid meeting and at bid opening, preparation of bid tabulation sheets and recommendation of award. BRW will issue addenda as required during the bidding process as identified in Section 2.5 of our Agreement. Task 2.2 Urban Design Services Task 2.2.1 Preparation of Base Sheets BRW will prepare base sheets for the design in Imperial units, in AutoCAD Version 14.0. Base sheets will be prepared at a scale of 1"=10', for use in pavement, pavement grading and landscape plans. An additional base sheet at a scale of 1 "=20' will be prepared for use by the electrical engineering subconsultant in the preparation of street and accent lighting plans. Offices Worldwide EBRW • s • A DAMES & MOORE GROUP COMPANY Mr. Michael I Eastling, PE April 20, 2000 Page 5 Task 2.2.2 Preparation of Construction Plans Construction plans will be prepared for the following tasks in accordance with MnDOT State Aid Standards and submitted to MnDOT State Aid for review and approval as required. Plans will be prepared for the construction of all urban design related improvements to include; special sidewalk, crosswalk and median pavements, curbed planters, landscaping, irrigation, gateway/entry monument, transit stop structure, benches, trash receptacles, ash urns, bicycle loops, and other miscellaneous site furnishings. Limits of design work shall be generally described as the area of Lyndale Avenue behind the proposed curbs from 76`x' Street to 77`h Street, to the face of the building and parking lot fencing on the west side, and to the back of the sidewalk on the east side. Plans will also include the design and construction of limited sidewalk connections at the northeast, southeast and southwest corners of the project area. The following plan sheets will be prepared: . Task 2.2.2.1 Pavement Plans Detailed pavement plans will be prepared for all special sidewalk, crosswalk and median pavements. Task 2.2.2.2 Pavement Grading Plans Detailed pavement plans will be prepared to indicate proposed grading of the pavements and landscaped area by spot elevations and slope indications. Task 2.2.2.3 Gateway/Entry Monument Plans and Details Design Development-level plans of a gateway/entry monument for the intersection of Lyndale Avenue and 77' Street. These plans and details will be of sufficient detail for a contractor to bid, but will require design-build with Engineer review of shop drawings prior to final design and subsequent installation. BRW has not included detailed structural engineering as a part of this proposal. Task 2.2.2.4 Site Details Detail sheets will be prepared for all site-related work of tasks 2.2.2.1 and 2.2.2.2 above. Task 2.2.2.5 Landscape Plans and Details Landscape plans and details will be prepared, indicating on the plans the planting type, size and location. A plant schedule and specific planting details will also be prepared. BRW will not be preparing a detailed irrigation design plan for this project. Limits of irrigation will be indicated on the Landscape Plans, and a performance specification written as further described below. Offices Worldwide EBRW ?c_9 ? A DAMES & MOORE GROUP COMPANY Mr. Michael J. Eastling, PE April 20, 2000 Page 6 Task 2.2.2.6 Coordination Meetings BRW will attend up to three project coordination meetings with the City staff to discuss design details of the project. Task 2.2.2.7 Project Cost Estimate BRW will prepare a construction cost estimate based on the proposed improvements included in the final construction plans. Task 2.2.2.8 Construction Specifications/Special Provisions Specifications for the urban design work will be prepared and incorporated within the project manual as identified in the Engineering section of this Proposal. BRW will prepare a combination of special provisions to the MnDOT Standard Specifications and CSI formatted specifications for specialty work. A performance specification will be written, identifying the requirements, materials, tolerances and other required design elements for irrigation work. These specifications will require the contractor to provide a design plan that will be reviewed and approved by the engineer prior to installation. Task 2.2.2.9 Bidding Assistance BRW Planning personnel will support the engineering staff in providing bidding assistance, including attendance at pre-bid meetings at bid opening, responding to contractor inqueries and preparing addenda. Task 2.3 Lighting Design Services Cain Ouse Associates, Inc., a subconsultant to BRW, shall provide design services for the street lighting and associated electrical supply and distribution plans. Specific services shall be provided as detailed in the attached proposal. Construction Services This scope of work does not include construction services. A separate proposal and work order will be prepared and submitted to the City after the final design phase of the project is completed. ADDITIONAL SERVICES BRW will perform additional services as requested by the City of Richfield in accordance with Section 3.0 of our Agreement. • Offices Worldwide 0 BRW A DAMES & MOORE GROUP COMPANY Mr. Michael J. Eastling, PE April 20, 2000 Page 7 PROJECT SCHEDULE Preparation of Construction Documents Authorized by City March 2000 Submittal of Construction Documents to MnDOT by BRW April 21, 2000 City Council Approves Plans and Authorizes Advertisement for Bids June 12, 2000 Advertise for Bids June 21, 2000 Open Bids July 13, 2000 City Council Awards Contract July 24, 2000 Begin Construction August 3, 2000 Complete Project* August 2001 gc-lo * The design and construction of the hardscape improvements is planned for the summer of 2001 in order to be coordinated with the construction schedules for the adjacent private development improvements. COMPENSATION BRW proposes to complete the survey, engineering and urban design services included in this proposal for the following estimated fees in accordance with the hourly rates by employee classification included in our Agreement and as detailed on the attachment. Engineering fees and urban design fees based on the breakdown of services detailed above will be invoiced separately. BRW will notify the City if additional services are required and provide an updated cost estimate prior to exceeding the estimated total amount. Expenses shall be billed directly to the City of Richfield. TASK 1 Preliminary Design: Additional Preliminary Design Services Preparation of Signal Justification Report TASK 2 Final Construction Documents: Engineering Services Urban Design Services $11,300 $2,530 $68,350 $49,840 Total Estimated Fee $132,020 it Offices Worldwide ® BRW gc-i( 0 • ® • A DAMES & MOORE GROUP COMPANY Mr. Michael J. Eastling, PE April 20, 2000 Page 8 We look forward to working with you on this project. Please call me if you have any questions at (612) 373-6404. Sincerely, BRW, INC. Michele Jackson Caron, PE Associate Enclosures cc: George Atkinson, City of Richfield Tony Heppelmann, BRW Tom Harrington, BRW Jean Olson, BRW File 33897 031 1001 r:\ie-docs\mjc\042000.doc • Offices Worldwide CAIN OUSE ASSOCIATES, INC. CONSULTING ENGINEERS BIRCH LAKE PROFESSIONAL BUILDING 1310 EAST HIGHWAY 96 WHITE BEAR LAKE, MN 55110 (651) 426-9549 / FAX (651) 426-5048 se _la February 29, 2000 BRW, Inc. 700 Third Street South Minneapolis, Minnesota 55415 Attn: Thomas Harrington Associate Re: Lyndale Gateway Richfield, Minnesota Engineering Services Proposal Project Number 2000-115 As requested, this is our proposal to provide engineering services for this project. In particular, this is electrical engineering services as they relate to the exterior lighting and miscellaneous power systems. For the purposes of this proposal we shall define the project as follows. The project is street and/or streetscape lighting systems for an intensely utilized section of Lyndale Avenue between 76th and 77th Streets. This is part of a major city redevelopment of the area. The project includes demolition of existing systems as well as miscellaneous power and distribution. In addition, the project is, as indicated by the drawings prepared by BRW, Inc. and provided to us for our reference. Our proposed fee for this project is $5,550.00 on an hourly up to a maximum fee basis. We will bill for our services monthly as a function of the status of the project and work completed at that time, and we require payment in a similar manner. The preceding shall include the normally anticipated labor and materials necessary for the completion of these services. Possible exceptions to this are reimbursable expenses and outside services, which will be billed in addition to the base project fee if required. Requested additional services will be billed at our normal multiplier for labor. We will prepare state of the art drawings and specifications and provide the originals or reproducible copies to you for printing, reproduction, and distribution. We will in turn support the project through the bidding and construction phases with addenda, coordination and submittal review. See the attached scope summary for additional information regarding the services or tasks proposed to be included and/or excluded. 0 Page 2 D C- 13 February 29, 2000 Re: Lyndale Gateway, Richfield, MN As we currently understand the project, the schedule calls for completion of the contract documents late in March. At this time, we do not anticipate any significant difficulty maintaining this schedule. Please remember that meeting any schedule is contingent upon receiving information and authorization to proceed in a timely manner. Thank you for the opportunity to submit this proposal. We will look forward to receiving your acceptance of this proposal and subsequently entering into an agreement to provide these services. Sincerely, Cain Ouse Associates, Inc. J? in E. . JJC/dlj \\Proposals\BRW\PP Lyndale Gateway.doc 0 R C'- 0 PROJECT: Lvndale Gateway DATE: Februarv 29. 2000 SCOPE OF ENGINEERING SERVICES PROPOSED A. GENERAL 1. Project and/or Contract Administration are not the responsibility of the engineer. As such the Client or another designated party is responsible for initiating, scheduling and coordinating all activities. 2. Two Planning Meetings are included in the project at the office of the Client, Owner or Engineer for coordination purposes. Attendance at meetings will not be required when engineering issues will not be discussed. 3. Construction Cost Estimating is included. However, this is in-house estimating and is subject to error. Construction costs are not guaranteed. 4. Printing, Reproduction, Plotting and similar processes as required for document issue for bidding or review purposes are reimbursable expenses. 5. Courier and/or messenger services as well as out of town travel and meal expenses as required and requested are reimbursable expenses. 6. The Electrical systems included within this proposal are as follows: a. Street Lighting b. Miscellaneous Power • C. Service and Electrical Distribution 7. Site Utilities and/or Civil Engineering are specifically excluded from this proposal. This includes Storm Sewer, Sanitary Sewer, Water and Gas services from public systems to the facility. Design of these systems from the public side to within five feet exterior of the facility is by others. 8. The proposal includes time for a single trip to the project site to gather information, observe the existing systems and meet with the owners during the design and bidding phase. 9. It is understood that reasonably accurate mechanical and electrical drawings of the existing facility will be provided for use by the engineer in the design process. These will be provided prior to the site visit to review existing conditions. 10. The engineering services proposed are guaranteed within the limitations of the information provided to the engineer regarding the project requirements and owners expectations. The drawings and specifications etc., documenting the results of the engineering activities will be replaced and/or supplemented as necessary at no cost to the client to satisfy any previously known owner requirement or expectation not properly included within these documents. This guaranty does not extend to participation in the resulting project construction costs by the engineer. • Page 4 g C?15 February 29, 2000 Re: Lyndale Gateway, Richfield, MN is 11. The services proposed are those of a sub-consultant. As such, it is understood that the base project engineering or architectural documentation (building or site plans or similar) will be provided for use by the engineer in a usable format. Similarly the front end and/or specifications sections other than those prepared under this proposal for the engineered systems will be provided by others. 12. The fee proposed reflects a full service agreement as limited by this proposal. For accounting purposes or should the project be canceled at a point of partial completion the fees proposed are allocated as follows. Preliminary Design 0% Schematic Design 0% Design Development 40% Contract Documents 45% Bidding 5% Construction Submittal Review 5% Construction Support 5% Construction Observation 0% B. SCHEMATIC, DESIGN DEVELOPMENT OR PRELIMINARY PHASE 1. Formal Schematic, D.D. or Preliminary Phase Design and Documentation processes are not included. 2. Partially complete Contract Documents will be utilized for the Design Development Phase Documentation. C. CONTRACT DOCUMENTS PHASE 1. Document preparation will be coordinated with other disciplines as allowed by available information. 2. Facility Utility Service requirements will be coordinated with the serving utility. 3. CSI Specifications systems will be utilized. 4. Base Drawings will be prepared utilizing PC based Auto-Cad processes. The base project drawings (building and/or site) will be provided for use by the Engineer on compatible Electronic Format. D. BIDDING/NEGOTIATION PHASE 1. Addenda will be provided as required to amend the contract documents as it relates to additional information becoming available. 2. Communications with Contractor/Suppliers will be provided to facilitate the bidding and negotiation process. 3. Redesign as it relates to arbitrary value engineering of systems will not be provided. 4. Redesign as it relates to engineered systems construction cost overruns will be provided if the engineered systems budget is exceeded and the owner's expectations can still be met. Page 5 February 29, 2000 Re: Lyndale Gateway, Richfield, MN 5. Attendance at a pre-bid conference is not included in the project and will be an additional service if attendance is required. E. CONSTRUCTION PHASE 1. Shop Drawing and normally anticipated submittal review will be provided. 2. Pay Request review and approval will not be provided. This is the responsibility of the project manager/administrator. 3. Technical Support and clarification will be provided as required during the construction process to provide direction as required. 4. The engineer will not be responsible for initiating, scheduling, or coordinating the facility utility services. This is the responsibility of the appropriate contractor. 5. Construction Observation is included only as an hourly additional service upon request. 6. The engineer will not be required to attend Site Construction or pre-construction Meetings independent of normal construction observation. 7. Owner Orientation on the operation, maintenance, etc., of engineered systems will not be provided. This is the responsibility of the appropriate contractor. However, owner orientation and/or building commissioning can be provided as an additional service upon request. 8. Revisions, Proposal Requests, etc., that relate to unanticipated changes after the base documents are complete, are included only as additional services. 9. Record Drawings are not included. This is the responsibility of the appropriate contractor. However, record drawings can be provided as an additional service upon request. CAIN OUSE ASSOCIATES, INC. \\Proposals\BRW\PP Lyndale Gateway.doc • w FEE SUMMARY FOR LYNDALE AVENUE - 77TH STREET TO 76TH STREET RICHFIELD, MN PREPARED BY: BRW, INC. 28-Apr-00 0 PROJECT SUMMARY 1.0 Preliminary Design Services Additional Preliminary Design and Coordination Through 2/25/00 1 $11,300 Signal Justification Report I $2,530 TOTAL PRELIMINARY DESIGN I $13,830 2.0 Engineering Design Services I Final Design Phase - Engineering I $68,350 TOTAL ENGINEERING FINAL DESIGN SERVICES 1 $68,350 3.0 Urban Design Services: I Design Development 1 $17,090 Final Design Phase - Urban Design 1 $27,200 Electrical Engineering Design Services 1 $5,550 TOTAL URBAN DESIGN - FINAL DESIGN SERVICES 1 $49,840 PROJECT TOTAL I I I I 1 $132,020 gC-/? 9 FEE ESTIMATE FOR LYNDALE AVENUE - 77TH STREET TO 76TH STREET RICHFIELD, MN PREPARED BY: BRW, INC. 28-Apr-00 is 0 CONS TITLE I P VICE ES I ASSOC I SR TECH I TE FIELD I CH I RTY PA III 1 $175.001 $105.001 $65.00 I $55.00 1 $120.00 1 1.0 ADDITIONAL PRELIM DESIGN I I I I I 1.1 Additional Preliminary Design and Coordination 1 121 401 601 201 1 1.2 Signal Justification Report I 1 101 161 81 1 SUBTOTAL -ADDITIONAL PRELIM DESIGN 1 121 501 _ 761 281 01 12.0 FINAL DESIGN PHASE - ENGINEERING 2.1 Supplemental Survey 12.2 Preparation of Base Sheets (8 sheets) 12.3 Preparation of Construction Plans: 12.3.1 Typical Sections (2 sheets) 12.3.2 Staqinq and Traffic Control Plans (8 sheets) 12.3.3 Removal and Demolition Plans (5 sheets) 2.3.4 Plan and Profile Sheets (5 sheets) Lyndale Avenue 77th Street 76th Street Garfield Avenue 2.3.5 Storm Sewer Profiles Lyndale Avenue 77th Street 1 76th Street I Garfield Avenue 2.3.6 Signage and Strioinq Plans Lyndale Avenue 77th Street 76th Street Garfield Avenue 2.3.7 Traffic Signal Plans Lyndale Avenue and 77th Street Lyndale Avenue and 76th Street Temporary Traffic Signal Plans 2.3.8 Paving Joint Plans I Lyndale Avenue 1 77th Street I 76th Street 12.3.9 77th Street Joint Repair Plans 1 2.3.10 Detail Sheets 2.3.11 Title Sheet/ SEQ sheets 12.4 Meetinqs 2.5 Cost Estimates 2.6 Specifications 2.7 Biddinq Assistance 2.8 Expenses (SUBTOTAL ENGINEERING DESIGN SERVICES 31 I_ 21 1 11 1 1 41 241 201, 1 1 41 1 121 161 81 401 481 41 241 401 41 1 1 1 201 321 1 81 161 1 161 281 1 161 321 41 1 1 I 81 81 I 41 81 1 41 81 1 81 81 21 1 1 1 21 61 1 11 41 1 21 61 1 11 41 21 1 1 101 161 321 201 241 561 101 161 321 41 1 1 1 61 161 1 21 81 1 61 161 41 81 241 11 61 161 61 161 321 81 41 1 21 121 1 21 161 1 121 1 121 1 1 I 1 1131 1 3351 I 5161 1 401 1 I I I I I I I I I I I I I 401 TOTAL COST $11,300 $2,530 $13,830 $5,075 $3,080 $2,080 $6,255 $4,180 $595 $3,060 $1,400 $2,580 $2,800 $420 $960 $700 $700 $960 $210 $460 $285 $460 $285 $385 $3,850 $6,740 $3,850 $420 $1,270 $570 $1,270 $2,260 $1,375 $3,430 $1,100 $990 $1,250 $2,040 $1,000 $0 $68,350 gC'/ q LYNDALE AVENUE STREETSCAPE URBAN DESIGN FEE ESTIMATE RICHFIELD, MN BRW, Inc. 28-Apr-00 TITLE Lead I Team CADD Clerical TOTAL Land. ArcH Land. Arc Tech. (Specs.) COST E-13 I E-11 I N-09 I Staff 1 1 $1051 $751 $551 $401 1.0 DESIGN DEVELOPMENT I I I I I 1.1 Advancement of Schematic Plan I 161 241 81 1 $3,920 1.2 Preparation of Base Map 1 1 41 81 1 $740 1.3 Coordination (3 team meetings) I 121 91 1 1 $1,935 1.4 Concepts of Design Details I 241 601 161 1 $7,900 1.5 City Presentation and Reviews (3 meetings) I 121 31 1 1 $1,485 1.6 Cost Estimate I 21 41 81 41 $1,110 1.0 SUBTOTAL-DESIGN DEVELOPMENT I I 651 I 1041 401 41 $17,090 I 2.0 FINAL DESIGN PHASE - CONSTRUCTION DOCUMENTS I I 2.1 Preparation of Base Maps ( 1 41 161 1 $1,180 2.2 Pavement Plans 1 101 241 161 I $3,730 2.3 Pavement Grading Plans 41 161 161 1 $2,500 2.4 Gateway Structures Plans and Details I 241 321 161 1 $5,800 2.5 Site Details I 81 321 241 1 $4,560 2.6 Landscape Plans I 41 161 81 1 $2,060 2.7 Landscape Details I 2.8 Technical Specifications 1 1 101 41 41 41 1 1 41 $520 1 $1,510 2.9 Estimated Quantities/Engineers' Estimate I 21 41 81 21 $1,030 2.10 Bidding Assistance 1 161 41 21 61 $2,330 2.11 Coordination (3 meetings) 1 161 41 1 1 $1,980 20 SUBTOTAL-CONSTR. DOCUMENTS 1 941 1441 1101 121 $27.200 3.0 ELECTRICAL ENGINEERING -' DESIGN SERVICES I I I 3.1 Lighting Photometrics Plan I I I I I $700 3.2 Lidhtinq Design Plan I I I I I $1,800 3.3 Lighting Plans I I I $1,800 3.4 Lighting Details/Schedules I I I I I $500 3.5 Lighting Specifications I I I I I $750 3.0 SUBTOTAL-ELECTRICAL DESIGN 1 01 01 01 01 $5,5501 URBAN DESIGN SERVICES TOTAL 1 1601 2481 1501 161 $49,840) 0 a C s 5 r Y,- C TY OF R CHFIELD 6700 Portland Avenue 4 Richfield, Minnesota 55423 a 1 l; 4 I1 II I1 _ _77- l f? C_ i -p o I t t ? 1 I 1 -•. -1 I { I { I t I I _ I { i 1 r 1 I I •? I I M-4 { `r - _ I I I i 1 ? 1 I I I i I I r I I y I J _? 1 { t ? _ I I 1 1 I + f + I i i ? f t [? I { , i I r' 4 t I + I i I I SME W3 I { r 1 I - - "'I O r "11 mum= LYN DAL E AVENUE ,p. no 400M 77TH STREET TO 76TH STREET i • AGENDA SECTION: Consent AGENDA ITEM # 8B REPORT # 124 ?- STAFF REPORT CITY COUNCIL MEETING MAY 8, 2000 KATIA MEDVETSKI, REPORT PREPARED BY: REDEVELOPMENT SPECIALIST NAME, TITLE REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER 3--, Z??- 11 SIGNATURE 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 a four (4) Professional Services Agreements for appraisers for the 66th Street and Trunk Highway 77 Interchange Project. III. BACKGROUND Appraisal work for the 66th Street and Trunk Highway 77 Interchange Project continues to be on schedule. At the present time, additional work assignments are needed for two project appraisers and one new appraiser is needed for sign appraisals. C E LaSalle, Inc. has been asked to provide appraisal work for a third sign within the project. The fee quote for this work is $7,500. Also, BCL Appraisals, Inc. and Bettendorf, Rohrer, Knoche, Wall, Inc. (BRKW, Inc.) have been asked to provide appraisal work for three properties in the project whose values through recent appraisal work have exceeded a State right of way acquisition regulation appraisal value limit and, therefore, necessitating a second appraisal for each property. The 0508PSA-661h St • 6-. fee quote for this additional work from BCL is $7,250.00 and $7,000 from BRKW, Inc. Specifically for the appraisal work involving the signs, additional appraisers will be needed which include a second and third sign appraiser, and a review appraiser for the signs. At the present time, legal counsel has recommended to staff to retain Dan Mueller of the firm of Mardell, Amundson, Johnson & Leirness, Inc. as the second sign appraiser. The fee quote from Mardell, Amundson is $15,000. Once the additional appraisers are identified and fee quotes received, the City Council will be asked to approve agreements so that the sign appraisal work may continue. III. BASIS OF RECOMMENDATION A. POLICY I • 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 • All the billboards in the project must be appraised. • Due to the difficulty in appraising signs, finding appraisers to undertake the sign appraisals has been challenging. 0 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 I • Appraisal work continues to be on schedule. • IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the Professional Service Agreement for the appraisers. • Recommend different appraisers for the tasks at hand. V. ATTACHMENTS • Professional Services Agreements (4) VI. PRINCIPAL PARTIES EXPECTED AT MEETING N/A O 6-6?- 0 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 55423, ATTN: Katia Medvetski), hereinafter referred to as the "City" and C E LaSalle, Inc., d/b/a C E LaSalle & Associates Real Estate Appraisers and Consultants (whose address is 7400 Metro Boulevard, Suite 140, Edina, MN 55439, ATTN: Pete LaSalle), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the 60x' 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 $225.00 per hour. The fee for testimony by the Appraiser shall be at the rate of $300.00 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. ?b3 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 S6- q 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 E b-5 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 96-? 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 C E LaSalle, Inc., d/b/a C E LaSalle & Associates Real Estate Appraisers and Consultants, 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 wq Type of Taking SalvageValue Exhibit A Description of Properties to be Appraised and Appraisal Fees Property Address Billboard located at 6539 Cedar Avenue South Fee fdr Fixture Appraisal Report $7,500.00 TOTAL $7,500.00 • • 6 28-8 • 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 55423, ATTN: Katia Medvetski), hereinafter referred to as the "City" and Mardell Amundson Johnson & Leirness, Inc. (whose address is 2000 Rand Tower, 527 Marquette Avenue South, Minneapolis, MN 55402-1321 Attn: Dan P. Mueller), 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 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 $200.00 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 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. • 5b,q 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 S&-/o 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 gg i 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 10 Agreement. Approved as to legality, form and execution. KENNEDY & GRAVEN, CHARTERED City Attorney Date: CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager s 4 88-1a 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 0 2000, by , the of Mardell Amundson Johnson & Leirness, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal ((.fir Other Title Or Rank) • 5 • gp,,13 Exhibit A Description of Properties to be Appraised and Appraisal Fees • Property Address Billboard located at 6315 Cedar Avenue South Billboard located at 6405 Cedar Avenue South Billboard located at 6539 Cedar Avenue South Fee for Going Concern Value Appraisal Report $5,000.00 $5,000.00 $5,000.00 TOTAL $15,000.00 6 SBA . REAL ESTATE APPRAISAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423, ATTN: Katia Medvetski), hereinafter referred to as the "City" and Bettendorf Rohrer Knoche Wall, Inc., (whose address is 314 Spruce Tree Centre, 1600 University Avenue, St. Paul, MN 55104, ATTN: Michael Bettendorf), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the 66 h 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 gB-r5 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 96 4 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 S6-1? 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 28-13 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 A ? e) - 19 Exhibit A Description of Properties to be Appraised and Appraisal Fees City Type of Parcel Taldna Property Address 23 Full Fee 6533 Cedar Ave. So. 24 Full Fee 6537-39 Cedar Ave. So. Fee for Limited Summary PID Number Report 25-028-24-23-0007 $3,000.00 25-028-24-23-0008 $4,000.00 TOTAL $7,00.00 Additional Fee for Complete Self-Contained Report $1,000.00 $1,800.00 $2,800.00 6 2f) J0 REAL ESTATE APPRAISAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423, ATTN: Katia Medvetski), hereinafter referred to as the "City" and BCL Appraisals, Inc., (whose address is 2852 Anthony Lane South, Minneapolis, MN 55418, ATTN: Brad Bjorklund), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the 66'x' 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 g6_aI the Appraisal Specifications (5_491.203) set forth in the State of Minnesota's Right of Way Manual. Appropriate traps 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 3 8-aa 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. 3 0 S 8 -c?3 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 0 Date: 4 • a? 313 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 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 , 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 • a? a7 Exhibit A Description of Properties to be Appraised and Appraisal Fees 0 • City Type of Parcel TaIdug Property Address 11 Full Fee 6421 Cedar Avenue South 20 Full Fee 6521 Cedar Avenue South Fee for Limited Summary PIED Number Report 25-028-24-23-0067 $4,500.00 25-028-24-23-0004 $2,750.00 TOTAL $71,250.00 6 Additional Fee for Complete Self-Contained Report $1,125.00 $ 687.50 $1,812.50 • AGENDA SECTION: Consent AGENDA ITEM # 8A REPORT # 123 STAFF REPORT =0990 CITY COUNCIL MEETING MAY 8, 2000 • • REPORT PREPARED BY: GEORGE ATKINSON, ENGINEERING SUPERVISOR NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for 2000 concrete sidewalk, curb and gutter repair. 1. RECOMMENDED ACTION: By Motion: Accept bid minutes/tabulation and award a contract for 2000 annual curb and gutter, sidewalk and miscellaneous concrete repair to Ron Kassa Construction, Inc. in the amount of $36,384. IIL BACKGROUND Each year the City awards a contract to replace broken and dangerous sidewalk, curb and gutter and other concrete as necessary. This year's contract includes: • removal of assorted curb cuts and replacement of assorted sidewalk panels including ADA pedestrian curb ramps and MTC bus landing pads(Street Maintenance operating budget 101-35-603), and • construction of reinforced concrete pads at Augsburg Park near the Community Center and at Monroe Park for picnic shelters (Park Maintenance operating budget 101-35-610). Because the specifications were written early in the year, it is possible that not all 2000 concrete needs were identified at that time. Therefore, the contact provides for an increase in quantity should additional concrete work be needed. 0508scg NAME, TITLE s?p - i There were seven plan holders for the May 1, 2000 bid opening. Three bids were received. III. BASIS OF RECOMMENDATION ' A. POLICY • Each year the City contracts to replace broken and dangerous sidewalk, curb and gutter and to construct other concrete work as necessary. B. CRITICAL ISSUES • N/A C. FINANCIAL • The annual street maintenance budget includes funding for replacement of miscellaneous broken and dangerous boulevard sidewalk, curb and gutter. • Funding for the 2000 concrete at park sites is included in the annual park maintenance budget. • Ron Kassa Construction, Inc. submitted the lowest responsible bid. This firm has previously done concrete work for the City. • The engineer's estimate for the contract work was $42,865. D. LEGAL I • The City Attorney will be available for discussion if there are any questions. IV. ALTERNATIVE RECOMMENDATION(S) • Do not do the work. However, this contract is an important tool in protecting Richfield residents from injury caused by tripping on damaged sidewalk and slipping on ice built up in gutters. The contract also provides a tool for making minor improvements that benefit Richfield residents. . • Award contract to another bidder. However, staff is not aware of any reason to award a contract for other than the lowest responsible bid. • Direct staff to readvertise the project. However, the lowest responsible bid is within the Engineer's estimate and staff does not believe lower bids will be received. V. ATTACHMENTS • Bid minutes/tabulation. + I VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. SO-62 CITY OF RICHFIELD, MINNESOTA Bid Opening May 1, 2000 10:00 a.m. 2000 Concrete Sidewalk, Curb and Gutter Repair City Project No. 101-35-603 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Deborah Guiher, Deputy City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud bids for 2000 concrete sidewalk, curb and gutter repair, as advertised in the official newspaper on April 19, 2000. Present: Deborah Guiher, Deputy City Clerk George Atkinson, Public Works Director Representative Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name/City Bid Security Total Bid Amount Ron Kassa Construction, Inc. 5% Bid Bond $ 36,384.00 Elko, MN S. M. Hentges and Sons 5% Bid Bond $ 46,100.06 Jordan, MN Ti-Zack Concrete, Inc. 5% Bid Bond $ 37,080.00 LeCenter, MN The Deputy City Clerk announced that the bids would be tabulated and considered at the May 8, 2000 City Council Meeting. Deborah Guiher Deputy City Clerk 0