08-14-00 agendaCITY OF RICHFIELD, MINNESOTA
MONDAY, AUGUST 14, 2000
. RICHFIELD CITY HALL
6700 PORTLAND AVENUE
SPECIAL CITY COUNCIL STUDY SESSION
COUNCIL CHAMBERS
5:30 P.M.
Call to Order
Roll Call
I. 5:30-5:45 p.m. Annual meeting with Friendship City Commission
II. 5:45-5:50 p.m. Mayor's request to discuss cable casting of HRA and Planning
Commission meetings
III. 5:50-6:35 p.m. Discussion of long-range action plan developed by City's
Livable Communities Team that would give City ability to more
effectively deal with chronic problems in area of multi-housing
Staff Report No. 19
IV. 6:35-7:00 p.m. Update on Environmental Impact Statement process for Best
Buy Campus development
Staff Report No. 20
Adjournment
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to Order
Pledge of Allegiance
Roll Call
0 Approval of Minutes of Regular City Council Meeting of July 24, 2000
PRESENTATION
Individuals who wish to address the Council are requested to print their name and
. address on the Speaker's Register for the record.
1. Opportunity for citizens to address the Council on items not on the agenda
Notes:
AGENDA APPROVAL
2. Council approval of agenda
CONSENT CALENDAR
3. Consent Calendar contains several separate items which are acted upon by the
City Council in one motion. Once the Consent Calendar has been approved, the
individual items and recommended actions have also been approved. No
further Council action is necessary. However, any Council Member may request
that an item be removed from the Consent Calendar and placed on the regular
agenda for Council discussion and action. All items listed on the Consent
Calendar are recommended for approval.
A. Consideration of approval of resolution designating polling places and appointing
election judges for September 12, 2000 Primary Election and November 7, 2000
General Election S.R. No. 187
B. Consideration of approval of resolution authorizing execution of amendment
agreement No. 79355-1 with Minnesota Department of Transportation for cost
sharing of water main construction performed across 66th Street at Girard Avenue
S.R. No. 188
C. Consideration of approval of resolution approving agreements PW-34-19-00 and PW
35-19-00 with Hennepin County for County participation in replacing sidewalk and
burying overhead utilities in two areas near Veterans Memorial Park of Richfield
S.R. No. 189
D. Consideration of approval of award of contract to DMJ Corp. for paving 7600 block of
Garfield Avenue in amount of $32,649.90 S.R. No. 190
E. Consideration of approval of resolution certifying delinquent sewer and water utility
accounts to County Auditor S.R. No. 191
F. Consideration of approval of resolution allowing Minnesota Department of
Transportation to act as City's agent in accepting federal aid in connection with right-
of-way acquisition to extend 77th Street for underpass of Highway 77 S.R. No. 192
G. Consideration of approval of contracts for older adult services collaborative between
City of Richfield and two older adult housing facilities in Richfield, Gramercy
Corporation and Twin City Christian Homes, Inc. S.R. No. 193
H. Consideration of approval of re-allocation of 2000 capital improvement budget funds
from completed Community Garden replacement project fund to Wood Lake
emergency bridge repair fund S. R. No. 194
1. Consideration of approval of resolution granting renewal of lawful gambling license
with fee waiver for Church of St. Peter, 6730 Nicollet Avenue S.R. No. 195
J. Consideration of approval of resolution authorizing Richfield Public Safety
Department acceptance of Safe and Sober Communities grant funds S.R. No. 196
K. Consideration of approval of resolution establishing just compensation and
authorizing purchase of properties and outdoor advertising signs for 66th Street/TH
77 Interchange Project S.R. No. 197
L. Consideration of approval of two resolutions authorizing condemnation of properties
and outdoor advertising signs located within 66th Street/TH 77 Interchange Project
S.R. No. 198
M. Consideration of approval of execution of two review appraiser professional services
agreements for 66th Street/TH 77 Interchange Project S.R. No. 199
N. Consideration of approval of execution of Phase II environmental site assessment
professional services agreement with Liesch Associates, Inc. for 66th Street and TH
77 Interchange Project S.R. No. 200
0. Consideration of approval of execution of nine professional services agreements for
Cedar Avenue Airport Noise Mitigation Area Project S.R. No. 201
0 Notes:
PUBLIC HEARINGS
4. Consideration of special assessments January 1 through December 31, 1999:
A. Public hearing and consideration of resolution adopting assessment for removal of
diseased trees from private property
Staff Report No. 202
Notes:
it
B. Public hearing and consideration of resolution adopting assessment for
Lyndale/HUB/Nicollet maintenance
Staff Report No. 203
Notes:
C. Public hearing and consideration of resolution adopting assessment for 77th Street
maintenance
Staff Report No. 204
Notes:
5. Consideration of special assessments January 1 through December 31, 2001:
A. Public hearing and consideration of resolution ordering Lyndale/HUB/Nicollet
maintenance work to be done and costs specially assessed
Staff Report No. 205
0 Notes:
B. Public hearing and consideration of resolution ordering 77th Street maintenarfce
work to be done and costs specially assessed
Staff Report No. 206
Notes:
6. Public hearing and second reading of ordinance amendment to City Administrative
Code Section 1, Subsection 310.13 describing appointment and placement of
relatives
Staff Report No. 207
Notes:
7. Public hearing regarding request for renewal of conditional use permit to allow auto
sales at 6529 Penn Avenue
Staff Report No. 208
Notes:
8. Public hearing and consideration of resolution approving conditional use permit to
allow construction of 1,411 square foot utility building at 6309-18th Avenue
Staff Report No. 209
Notes:
RESOLUTIONS
40
9. Consideration of resolution approving stipulation of final settlement relating to
acquisition by condemnation of 6521 Cedar Avenue for 66th Street/TH 77 Interchange
Project
Staff Report No. 210
Notes:
10. Consideration of resolution approving stipulation of final settlement relating to
acquisition by condemnation of 1710 East 78th Street for 77th Street, Phase III,
Underpass Project
Staff Report No. 211
Notes:
0
PROPOSED ORDINANCE
11. First reading of amendment to City Ordinance Code establishing separate fire service
from Public Safety Department and establishing Fire Department
Staff Report No. 212
Notes:
ADMINISTRATIVE REPORTS AND OTHER BUSINESS
AIRPORT BUSINESS
12. Airport status report
Notes:
CORRESPONDENCE
Notes:
COUNCIL CHOICE
13. Council discussion items
Notes:
14. Claims and payrolls
15. 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:
AGENDA ITEM #
REPORT #
PROP. ORDINANCE
11
212
REPORT PREPARED BY: STEVEN L. DEVICH, ADmiNiSTRATIVE
SERVICES DIRECTOR
NAME, TITLE
REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
TITLE
SIGNATU °i
ITEM FOR COUNCIL CONSIDERATION:
Consideration of first reading of an amendment to the City Ordinance Code establishing a
separate fire service from the Public Safety Department and establishing a Fire Department.
1. RECOMMENDED ACTION:
By Motion: Approve first reading of an amendment to the City.
Ordinance Code by amending Sections 300.03 and 300.13 and adding
Sections 300.14 and 105.11, Subd. 1 concerning City department
organization and scheduling the public hearing and second reading
for September 11, 2000.
III. BACKGROUND
Chapter I I I of the City's administrative code establishes the organizational structure
of the City. Section 300.03 sets forth the departments and Department Directors.
Sections 300.5-300.17 describe the general duties of each Department Director.
Section 300.03, which establishes the City's departments and Department Directors
now reads as follows:
300.03 Departmental and divisional organization. The administrative service of
the City is divided into the following departments and heads thereof:
0814FireDept.doc
• Executive Department - City Manager
• Administrative Services Department - Director of Administrative
Services
• Public Safety Department - Director of Public Safety
• Public Works Department - Director of Public Works
• Recreation Services Department - Director of Recreation Services
• Community Development Department - Director of Community
Development
• Legal Department - City Attorney
• Liquor Department - Liquor Operations Director (Amended, Bill No.
1997-5)
Divisions within departments shall be established from time to time by resolution
of the City Council with the recommendation of the manager.
During the first half of this year, the City Manager conducted a thorough analysis to
identify the most effective means of structuring department-level supervision and
direction for the City's fire service. This analysis included input from a wide variety
of sources including employees, cities with comparable fire services operations,
current management practices regionally and nationally, as well as previous
personal municipal experience. Based upon this analysis, it is staffs'
recommendation that the current Public Safety Department be restructured to
remove the Fire Division and create a separate Fire Department.
After the restructuring, the Public Safety Department would include Police, Support
Services, Emergency Services and Inspection. The Fire Department would include
only the fire services function.
The alignment of City services along these department lines appears to be the most
effective way to provide these services to the public with the greatest customer
service focus. It also maximizes the City's existing staff resources and expertise.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City Manager, under authority of the City Ordinance Code, may
make recommendations to the City Council to establish or modify the
administrative structure of the City.
• In order to change the administrative department structure of the City,
the City Council must amend the City Ordinance Code.
B. CRITICAL ISSUES
• The process to amend the City Ordinance Code will require a first and
second reading consideration, and if adopted, a time period of over 60
days to finalize.
• The City Manager believes that it would be in the best interests of the
City to consider this potential restructuring at this time.
•
•
C. FINANCIAL
• The department restructuring would require the hiring of an additional
department head level position of Fire Chief. It is important to note
that the retirement of Steve Sutter would have necessitated
recruitment of a Fire Chief that, under the current structure, would
have reported to the Public Safety Director. A Department Director
level position will result in a slightly higher pay scale.
Combined Structure I Separate Structure
Fire Chief $56,971 to $79,726 1 Fire Chief $66,102 to $92,206
• It is anticipated that this restructuring would have no effect on the
compensation classification of the Public Safety Director position.
D. LEGAL I
• If this change is to be considered, the process for changing the City's
administrative ordinance code must be followed.
• The City Manager and City Council have the full authority to make
such changes.
IV. ALTERNATIVE RECOMMENDATION(S)
• The City Council could decide to keep the existing departmental
configuration.
• The City Council could decide to change to another departmental
configuration than the one recommended.
V. ATTACHMENTS
Ordinance Code amendments.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
None.
0
BILL NO.
4 AN ORDINANCE AMENDMENT TO SECTIONS 300.03 AND 300.13
AND ADDING SECTIONS 300.14 AND 105.11, SUBDA
OF RICHFIELD CITY CODE WHICH PERTAINS
TO CITY DEPARTMENT ORGANIZATION
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Section 300.03 of the ordinance code of the City of Richfield entitled
"Departmental and divisional organization" is hereby amended by adding the following:
300.03. Departmental and divisional organization. The administrative
service of the city is divided into the following departments and heads
thereof:
Executive Department - City Manager
Administrative Services Department - Director of Administrative Services
Fire Department - Fire Chief
Public Safety Department - Director of Public Safety
Public Works Department - Director of Public Works
Recreation Services Department - Director of Recreation Services
Community Development Department-Director of Community Development
Legal Department - City Attorney
• Liquor Department - Liquor Operations Director (Amended, Bill No. 1997-5)
Divisions within departments shall be established from time to time by
resolution of the City Council with the recommendation of the manager.
Sec. 2. Section 300.13, subd. 2 of the ordinance code of the City of Richfield
entitled "Fire division" is hereby amended by deleting the following:
dudes. 2 CTITiro divisionr The fire division ie cupeni visedb the rlirentnr "f
CffTTl7 r-7Tf .a?IT?TYl7? r. `.. by ?....vv?v. ....
be ene or Fn ere assistant nhiefc in the division (Amended Rill No 1999_8)
Sec. 3. Section 300 of the ordinance code entitled "Administration; officers;
departments" is amended by adding the following:
Section 300.14. Fire deoartment. The fire department is supervised by the
fire chief. There may be one or more assistant chiefs in the department.
Sec. 4. Section 105.11 of the ordinance code of the City of Richfield entitled
"Special definitions" is amended to read as follows:
105.11. Special definitions. Subdivision 1. Public safety department or
director. Wherever the term "public safety department" appears in this city
code. it shall mean either the public safety department or the fire
department as determined by the city manaaer. Wherever the term "oublic
safetv director" appears in the citv code it shall mean the citv manaaer or
citv manaaer's desianee.
Subd. 2. Communitv services department or director. Wherever the
term community services appears in this city code, it shall mean either
public works or recreation services as determined by the city manager.
Wherever the term community services director appears in the city code it
shall mean city manager or city manager's designee.
Sec. 5. This ordinance shall be effective in accordance with Section 3.09 of
the Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this day of
, 2000.
Martin J. Kirsch, Mayor
ATTEST:
40 Thomas P. Ferber, City Clerk
0
AGENDA SECTION: RESOLUTION
AGENDA ITEM # 10
REPORT # 211
40 mWaga
STAFF REPORT
CITY COUNCIL MEETING
AUGUST 14, 2000
REPORT PREPARED BY:
REPORT PRESENTER:
ACTING DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY MANAGER:
KATIA MEDVETSKI,
REDEVELOPMENT SPECIALIST
NAME, TITLE
BRUCE PALMBORG,
COMMUNITY DEVELOPMENT DIRECTOR
NAME, TITLE
1
?S NATURE
l
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving a Stipulation of Final Settlement relating to the
acquisition by condemnation of 1710 East 78th Street for the 77th Street, Phase III, Underpass
Project.
RECOMMENDED ACTION:
By Motion: Approve a resolution approving a Stipulation of Final
Settlement relating to the acquisition by condemnation of 1710 East
78th Street for the 77th Street, Phase III, Underpass Project.
II. BACKGROUND I
On November 22, 1999, the City Council (Council) approved just compensation for
the purchase of the former Normark property located at 1710 East 78th Street in the
amount of $617,000. A purchase offer was tendered to the property owners, Juel
Caspersen and Roman Roos (Owners). However, as negotiations for purchase
proceeded, it was evident that an agreement could not be made.
The building has been substantially vacant since mid-October 1998. The Owners
claim that neither tenants nor buyers of the properties can be found in light of the
taking of the property for the 77th Street Phase III, Underpass Project (Project).
Because of this, the attorneys for the Owners demanded condemnation. On April
24, 2000, the Council approved a resolution authorizing condemnation for the
subject property.
0814Normarkfinal
The City Attorney commenced condemnation proceedings to acquire the property
on behalf of the City in May, 2000.
On June 27, 2000, the City and Owners agreed upon an early transfer of title and
possession of the property upon payment by the City of its approved appraisal
amount of $617,000 to the Owners (including payments to the contract for deed
vendor and Hennepin County for property taxes for this year). On July 3, 2000, the
City took possession of the property.
Due to the City's unwillingness to issue building permits to prospective purchasers
and tenants (due to the City's intention to acquire the property for the Project), the
Owners have claimed damages in an amount exceeding $1,026,000 and have
alleged City violations of federal law.
Thereafter, the City's legal counsel, Bob Lindall, and the Owners' attorney have had
many discussions on a final settlement. A tentative settlement has been reached in
the amount of $765,000 including interest and all other claims (but not including
relocation benefits), less amounts previously paid, subject to Council approval,
provided payment is made on or before August 19, 2000. The remaining balance
due Owners on the final settlement, therefore, would be $148,190.82 (not including
relocation benefits).
Legal counsel has indicated that if settlement cannot be reached, the estimated cost
to litigate this matter through condemnation hearings would approximate $30,000 to
$35,000, including appraisal and Commissioner fees, not including any additional
awards for damages or the Owners' attorneys fees. In view of these costs and
possible additional financial exposure, legal counsel deems the settlement to be a
reasonable one.
Upon approval by Council of the proposed settlement, legal counsel will arrange for
the execution of a Stipulation of Final Settlement by the Owners in return for the
payment.
III. BASIS OF RECOMMENDATION
A. POLICY I
• Condemnation of the subject property has been authorized for
purchase for the Project.
• The Owners requested the condemnation to relieve them of economic
hardship due to their inability to lease or sell the property due to the
City's plan to acquire the property for the Project.
• Approving a final settlement would prevent the City's exposure to
further costs and any further damages a court may award in
condemnation proceedings.
B. CRITICAL ISSUES
• Approval of the proposed final settlement would prevent the need for
further condemnation action for this property.
C. FINANCIAL
• Funding is available to make timely payment of the final settlement
amount.
• The remaining balance due Owners on the final settlement is
$148,190.82 (not including relocation benefits).
D. LEGAL
• The City's legal counsel, Bob Lindall, has handled all negotiations with
the Owners and their legal counsel.
• The Stipulation of Final Settlement will be prepared by Bob Lindall and
approved by the Owners' legalcounsel upon Council approval of this
matter.
E. TIMING I
• Per the Stipulation of Final Settlement, payment will need to be made
on or before August 19, 2000 to avoid interest on the final payment.
• The City already has title and possession of the property.
IV. ALTERNATIVE RECOMMENDATION(S) I
• Delay action on the proposed final settlement.
• Refuse to approve the proposed final settlement.
V. ATTACHMENTS I
• Resolution authorizing the City to enter into a Stipulation of Final Settlement.
VI. PRINCIPAL PARTIES EXPECTED AT
MEETING
Bob Lindall, City Attorney
r
is RESOLUTION NO.
RESOLUTION APPROVING A STIPULATION OF FINAL SETTLEMENT
FOR 1710 EAST 78TH STREET
(77TH STREET, PHASE III, UNDERPASS PROJECT)
WHEREAS, the City of Richfield, Minnesota desires to purchase certain real
property pursuant to and in furtherance of the 77th Street, Phase II, Underpass Project
(Project) heretofore adopted by the City of Richfield (City) said real property being
described as follows:
That part of the N. 180.26 feet of the S. Y2 of the S.E. % of the S.E. '/4, Line E. of the W.
722 feet thereof, except road and highway. In Section 25, Township 028, Range 24, in
Hennepin County, Minnesota.
WHEREAS, the City has adopted an official map for improvements to 77th
Street; and
WHEREAS, the improvements to 77th Street necessitate the purchase of real
property; and
WHEREAS, the City is authorized by Minnesota Statutes to acquire real property
within its jurisdiction; and
WHEREAS, Minnesota Department of Transportation (MnDOT) and Federal
Highway Administration (FHWA) are funding this project; and
WHEREAS, continued ownership of this property is an economic hardship for the
current owner; and
WHEREAS, the City has caused appraisals for the subject property to be made
by qualified independent professional real estate appraisers to determine fair market
value; and
WHEREAS, a qualified review appraiser has certified the appraisal report as to
conformity with appraisal standards and has certified same.
WHEREAS, on November 22, 1999, the City established just compensation for
the subject property; and
WHEREAS, on April 24, 2000, the City authorized acquisition of the subject
property by eminent domain proceedings and such proceedings were commenced in
May, 2000; and
WHEREAS on June 27, 2000, the City and Owners agreed upon an early
transfer of title and possession of the property upon payment by the City of its approved
appraisal amount of $617,000 to the Owners (including payments to the contract for
deed vendor and Hennepin County for property taxes for this year).
WHEREAS, on July 3, 2000, the City took possession of the property; and
WHEREAS, the property owners of the subject property have proposed a final
settlement with the City under which the owners would waive all further claims for
damages which they may have relating to the City's taking of the subject property in
return for the City's payment in the amount of $765,000 including interest (but not
including relocation benefits), less amounts previously paid, subject to Council approval,
provided payment is made on or before August 19, 2000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
1. That the proposed settlement amount of $765,000 is hereby approved.
2. That the City's legal counsel is authorized to prepare a Stipulation of Final
Settlement and present it to the property owners for execution.
3. That the City Manager and Mayor are authorized to execute the Stipulation of Final
Settlement and undertake all other actions necessary to fulfill the City's obligations
pursuant to the Stipulation of Final Settlement.
Adopted by the City Council of the City of Richfield Minnesota this 14th day of
August, 2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
16
AGENDA SECTION: RESOLUTION
AGENDA ITEM # 9
REPORT## 210
STAFF REPORT
mogm CITY COUNCIL MEETING
AUGUST 14, 2000
KATIA MEDVETSKI,
REPORT PREPARED BY: REDEVELOPMENT SPECIALIST
NAME, TITLE
BRUCE PALMBORG,
REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR
NAA& TITLE
ACTING DEPARTMENT DIRECTOR ?-y
u 1
REVIEW:
\Z?I TURE
? J
REVIEWED BY CITY MANAGER: / e
ITEM FOR COUNCIL CONSIDERATDON:
Consideration of a resolution approving a Stipulation of Final Settlement relating to the
acquisition by condemnation of 6521 Cedar Avenue for the 66th Street / TH 77 Interchange
Project.
1. RECOMMENDED ACTION:
By Motion: Approve a resolution approving a Stipulation of Final
Settlement relating to acquisition by condemnation of 6521 Cedar
Avenue for the 66th Street / TH 77 Interchange Project.
III. BACKGROUND
On May 30, 2000, the City Council (Council) approved just compensation for the
purchase of the Animal Care Clinic owned by Dr. LuAnne Wendland in the amount
of $535,000 for real estate and $24,750 for immovable fixtures and equipment, or a
total of $559,750. Also on May 30th, Council approved a resolution authorizing
condemnation for the subject property. As you may recall, Dr. Wendland and her
legal counsel concurred with this process.
On July 20, 2000, the City and Dr. Wendland entered into a Stipulation of Partial
. Settlement. Under this Stipulation, the City paid Dr. Wendland its approved
appraisal value for the property in the amount of $559,750 in return for the
conveyance by Dr. Wendland to the City of title to the property as well as an Escrow
and Occupancy Agreement concerning transfer of possession of the property. The
0814Wendfinal
Stipulation also provided that the City and Dr. Wendland could each reserve the
right to further litigate the total damages to be paid by the City for the property.
• On July 18, 2000, City's legal counsel, Bob Lindall, informed staff that he reached a
final settlement with Dr. Wendland in which she waives her right to claim additional
damages in return for the City's payment of $595,000, including interest less the
$559;750 previously paid. As part of the final settlement, Dr. Wendland would also
be reimbursed appraisal fees in the amount of $500, and be paid relocation
benefits. The Metropolitan Airports Commission (MAC) approved the final
settlement amount. The final settlement will no longer necessitate any further
condemnation proceedings. Dr. Wendland and other tenants retain the right to
occupy the property until November 30, 2000 while her replacement offices are
being remodeled. The City retains the right to go back to Court to obtain
possession of the property if any occupant refuses to vacate when agreed.
Attached is the Stipulation of Final Settlement that provides full detail on the nature
of the settlement.
1111. BASIS OF RECOMMENDATION
A. POLICY
• The subject property has been identified for purchase for the project.
• The Memorandum of Understanding between the City, the Minnesota
Department of Transportation (MNDOT), and MAC, approved by the
Council on February 28, 2000, outlines the responsibilities for each
• participating agency.
• The Agreement between the City and MAC, dated February 28, 2000,
(Agreement) allows the use of condemnation proceedings as a means
of acquiring property.
• In accordance with the Agreement, MAC is responsible for approving
and recommending to the City just compensation and condemnation
settlement payments with property owners.
B. CRITICAL ISSUES
• Approval of the Stipulation of Final Settlement for Dr. Wendland's
property would prevent the need for further condemnation
proceedings for this property.
C. FINANCIAL
• MAC is obligated to fund this transaction.
• MAC has approved this final settlement amount.
D. LEGAL
• The City's legal counsel, Bob Lindall, has handled all negotiations with
Dr. Wendland and her legal counsel.
• The Stipulation of Final Settlement was prepared by Bob Lindall and
• approved by Dr. Wendland's legal counsel.
E. TIMING
• Upon Council approval of the final settlement, payment will be made
. to Dr. Wendland within ten days (less a deposit under her Occupancy
Agreement).
• The property will be vacated by November 30, 2000.
• The City's goal of title and possession to 6521 Cedar Avenue will have
been met one month in advance of the December 31, 2000 deadline.
IV. ALTERNATIVE RECOMMENDATION(S) I
• None. Final settlement with the property owner is the project's goal for title
and possession by December 31, 2000.
V. ATTACHMENTS
• Resolution authorizing the City to enter into a Stipulation of Final Settlement.
VI. PRINCIPAL PARTIES EXPECTED AT
MEETING
• Bob Lindall, City Attorney
•
0
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF A STIPULATION OF FINAL
SETTLEMENT FOR 6521 CEDAR AVENUE
(66TH STREET / TH 77 INTERCHANGE PROJECT)
WHEREAS, the City of Richfield,. Minnesota desires to purchase certain real
property pursuant to and in furtherance of the 66th Street/T.H. 77 Interchange Project
(Project) heretofore adopted by the City of Richfield (City) said real property being
described as follows:
Lot 6 and the South 30 feet of Lot 5, Block 1, New Ford Town Addition,
Hennepin County, Minnesota
Together with all abutting streets and alleys, vacated or to be vacated, and all
easements, gaps, overlaps and gores, appurtenant thereto; and
WHEREAS, the City has adopted a layout for Project improvements; and
WHEREAS, the Project improvements necessitate the purchase of real property;
and
WHEREAS, the City is authorized by Minnesota Statutes to acquire real property
• within its corporate boundaries; and
WHEREAS, the Metropolitan Airports Commission (MAC) is initially funding the
Project; and
WHEREAS, the City has caused appraisals for the subject property to be made
by qualified independent professional appraisers to determine fair market value of real
estate and immovable fixtures and equipment appurtenant thereto; and
WHEREAS, a qualified review appraiser has certified the appraisal reports as being
in conformity with appraisal standards; and
WHEREAS, a qualified fixture review appraiser has certified the fixture appraisal
report as being in conformity with appraisal standards; and
WHEREAS, MAC has reviewed all appraisal reports and review appraisal reports
prepared for the subject property and has recommended that the just compensation for
the real estate be determined by the City Council to be $535,000, and that the just
compensation for the immovable fixtures and equipment appurtenant thereto be
determined by the City Council to be $24,750; and
WHEREAS, on May 30, 2000, the City approved just compensation for the real
estate in the amount of $535,000, and for immovable fixtures and equipment
appurtenant thereto in the amount of $24,750 and did make an offer to the property
• owner in said amounts; and
WHEREAS, on May 30, 2000, the City authorized condemnation of the subject
property, such proceedings were commenced on behalf of the City by the City Attorney,
and subsequently on July 20, 2000, the City entered into a Stipulation of Partial
Settlement with the property owner under which the City paid its just compensation
amount of $559,750 to the property owner in return for conveyance of title of the
property to the City; and
WHEREAS, the City Attorney has reached a final settlement with the property
owner in the amount of $595,000 and MAC has concurred with the terms of final
settlement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
1. That the proposed settlement amount of $595,000 is hereby approved.
2. That the City Manager and Mayor are authorized to execute the Stipulation of
Final Settlement and take all other actions necessary to complete the
obligations of the City pursuant to its terms.
3. That the City Attorney is authorized to take all actions necessary to complete
the obligations of the City pursuant to the Stipulation of Final Settlement.
40
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
August, 2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
•
AGENDA SECTION:
AGENDA ITEM #
REPORT #
J STAFF REPORT
PUBLIC HEARING
/-UV
CITY COUNCIL MEETING
•
AUGUST 149 2000
REPORT PREPARED BY: JULIE URBAN, ZONING ADMINISTRATOR
NAME, TITLE
REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY
DEVELOPMENT DIRECTOR
NAME, TITLE
ACTING DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY MANAGER:
V SIGNATURE
ITEM FOR COUNCIL CONSIDERATION:
Public hearing on a request for a conditional use permit to allow construction of a 1,411 square
foot utility building at 6309 18th Avenue South.
I. RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Adopt a
resolution approving a conditional use permit to allow construction of
a 1,411 square foot utility building at 6309 18th Avenue South with the
stipulations listed in the resolution.
111. BACKGROUND
Time Warner Cable currently has a relay station for its fibre optic cable services at
6509 Cedar Avenue South. This property is being purchased for the roadway
improvements at 66th Street and TH 77. The facility needs to be relocated within
the general area by the end of the year in order for Time Warner to continue
providing these services to Richfield.
Time Warner is proposing to construct a 1,411 square foot building to house
necessary equipment. The building facade would be of brick. Landscaping would
be provided around the foundation. The existing trees will be maintained. The site
is monitored remotely, but a driveway would be constructed to provide access to the
0814TimeWarner
•
occasional service truck that might need to service the facility. The facility will be
served by a generator that will be located in the screened area at the northeast
corner of the building.
I III. BASIS OF RECOMMENDATION
A. POLICY I
• The facility has to be relocated by the end of the year when the 6509
Cedar Avenue property will be purchased for roadway improvements.
• The property at 6309 18th Avenue is located on the north edge of the
airport mitigation area. The site provides a place for the relocation of
the Time Warner facilities without interfering with future
redevelopment of the mitigative area.
to
B. CRITICAL ISSUES I
• The property does not meet setback and lot size regulations for a non-
residential use in the R (single family residential) district. The Hearing
Examiner reviewed the variance request on August 1, 2000.
• The lot currently provides stormwater holding capacity for the block.
The building would be situated on the property so that the existing
capacity would be maintained. The pond is currently a "dry" pond with
standing water only during heavy rainfall events. The grade will be
lowered by approximately two feet in order to maintain the capacity. It
is anticipated that it will remain a "dry" pond.
• On July 24, 2000, the City Council approved the sale of the property at
6309 18th Avenue to Time Warner.
C. FINANCIAL
• N/A
•
D. LEGAL I
• On July 24, 2000, the Planning Commission voted unanimously to
approve the conditional use permit.
• Notice of the public hearing was published in the Sun-Current on
August 2, 2000 and mailed to property owners and occupants within
350 feet of the property on August 2, 2000.
• A completed application was submitted on July 11, 2000. A written
decision is required by September 9, 2000 to be in compliance with
the 60-day law.
• A utility building over 500 square feet is a conditional use in the R
district. The findings necessary to issue a CUP (546.05, subd.6) are
as follows:
a) the proposed use is consistent with the goals, policies, and
objectives of the City's Comprehensive Plan: The facility is
necessary to provide cable services to the City. The proposed
location is at the edge of the residential area and should not
interfere with any future development of the area.
b) the proposed use is consistent with any officially adopted
redevelopment plans or urban design guidelines: The facility is
being relocated because of the reconstruction of the
interchange at TH 77 and 66th Street. The proposed location is
at the north edge of the residential area and should not
interfere with future development of the area.
c) the proposed use is or will be in compliance with the
performance standards specified in Section 541 of this code:
Landscaping will be provided around the building; the existing
stormwater capacity will be maintained; one parking space will
be available for a service truck. Other items in Section 541
(e.g. trash enclosure) are not required for this type of use.
d) the proposed use will not have undue adverse impacts on
governmental facilities, utilities, services, or existing or
proposed improvements: The facility is a low impact use
requiring few if any City services.
e) the use will not have undue adverse impacts on the public
health, safety, or welfare: The facility is a low impact use. A
service truck may need to visit the facility an average of once
per week. The building is designed of high quality materials
and landscaping will be installed, so its appearance will not
negatively impact the neighborhood. Existing mature trees,
which provide some screening of the site, will be maintained.
t) there is a public need for such use at the proposed location:
The facility is necessary to provide cable services to Richfield.
The facility is being relocated from 65th and Cedar and must be
in place before the end of the year.
g) the proposed use meets or will meet all the specific conditions
set by this code for the granting of such conditional use permit.
There are no specific conditions listed in the code for a major
public utility.
• Stipulations of Approval:
1. That a variance be granted for setback and minimum lot size
requirements.
2. That the Public Works Director approve the stormwater
management plan and that the stormwater holding area be
maintained as a dry pond with a sod ground cover throughout the
site.
3. That at least 80 percent of the building facade be made of brick.
IV. ALTERNATIVE RECOMMENDATION(S)
• Deny the request for a conditional use permit finding that the proposed use
will have a negative impact on surrounding properties or the City as a whole.
•
V. ATTACHMENTS
• Resolution
• Attachment A: Survey of existing conditions
• Attachment B: Site plan
• Attachment C: Landscape plan
• Attachment D: Floor plan and elevations
• Attachment E: Grading plan
• Attachment F: Surrounding Land Uses
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Bernie Doffing, Time Warner
0
RESOLUTION NO.
RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT
6309-18th Avenue South
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a conditional use permit for a major public utility building on land generally
located at 6309 18th Avenue South, legally described as:
Lot 8, Block 3, Iversons Third Addition
WHEREAS, the City has fully considered the request for approval of the conditional
use permit; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
A conditional use permit is issued for a major public utility building, as
described in City Council Letter No. , on the Subject Property legally
described above.
2. The conditional use permit is subject to completing the following conditions
by before a building permit will be issued:
• • That a variance be granted for setback and minimum lot size
requirements.
• That the Public Works Director approve the stormwater management
plan.
• That at least 80 percent of the building facade be made of brick.
• That this resolution be recorded with the County, pursuant to Minnesota
statutes section 462.36, subdivision 1.
3. The conditional use permit shall remain in effect for so long as conditions
regulating it are observed, and the conditional use permit shall expire if
normal operation of the use has been discontinued for 12 or more months, as
required by the Zoning Ordinance, Section 546.05, Subd. 9
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
August, 2000.
Martin J. Kirsch, Mayor
ATTEST:
•
Thomas P. Ferber, City Clerk
BOUNDARY & TOPOGRAPHIC SURVEY
r
tot
r
ti ALIANT ENGINEERING
i
STU uH 1
RIM EL- 82317
INV _ _ ----«-----«----- «-----«-----«-----«-
EL- 81837 82317 <<----- ---
CL-
-?' X82306 -82344
EAST 631?D S i f?t E 823
SAN L»
8%347 NN [L- 177 63 I \r '
»V EL- 81493 I N89.28'31I E AREA
Nlu (L - n72 35 872 04
?. wv LL- 82055 877.57 133.62 nJZ9e
1 ... 8`7J? ._.---'-- -- ---"---- .. I `. J.- .. _._._....--. 52335 9:968 sq. ->> . EXISTING STORM Sf W[R
t d n
1 2 7.1 9o _ 873 e9 x67349 12) in rMS • 0.23 acres
-87399r ? > - EXISTING SANITARY SEWER
e x _
I 01317 n7377 x82347 _-_-- -"N2J 8733 4? i •n7 56- ---OSI C%I$iING. OVERHEAD ELECTRIC
I 2 - • .- or. ?_
;111 X.1 ?- .821. b,Ly B CATCH BASIN
x671 eo 117T 81974 f\ I? \ t= _IiENCNMARK e - PENCE CORNER
1 \ M9 7e 'q, 1 Y.N.H. of Southwest corner of Cost 631d . HYDRANT
n7J 97
Lj 623.17
823 14
t 0
f pei0
Q
x82230 - I Sheet and 18th Avenue South - 827.28
9 .. b
e1i 6e o?- -?
? Mo I
873 66 -820 72
1.90
-02031 ` Q
072.62 I C1 1
(r7 W U
81365 821 70.50 Z /I 1 Zo
2350 x821.0: ?_ X87074 % J/ I o?
11.tl 1 u m
eusx[s ? V Y
(.,,? R 2J x 817 51 I G p
X 071.71 iRC 3e' I k m
B 1RP 4* a-H Ly:y r.:rr W
^- 814.87 ?* I
Xa7 .Ii
815 81.707 X621 49 822.00 1.21,12
e15 46 e14.D 824.46 826-\ \ Y15. T? a 821.41 r
I ?prq r 026.91 0$6.91 7'94 1 523 5 1111.59 422j, T
I 525.x8 e1 62xJ06m4414 xePI-. 827 RETAINING' (33.62 lot) n -
26.92 o 61 i i h
j 826.10 . ?- 829- _ ?-wAll 132. 571
11v idr , . 818.19 5n.91 e? 89' 31 "W 121.94 X s I
'Ir
I BIT DRIVE 1 $
I + I
?:32 42
I \ % 826.54 . . . EXISTING I X02167 J N i o ;
I I HOUSE I 4p
826.11" 8:6.57 I I / er 10
0
I I
L 12111 2.01
# # Lf
#
< Ploman"
enpfneersng
.•
11, En1,p,!,* D,'"
M.n4o1A Hvg-t.. MN 55,20
(612) 681-1914 EAX:681-9488
61S Hyn.o 10 NC
ew+.. us 55434
(612) 783-1880 TAX: 783-1883-
878 07
C . rOUNO IRON PIPE
NOTE -o- - UTILITY POLE
1, Curb encroaches 2 1.0' In NW corner Q . SANIU+RY OR STORM
' MANHOLE
2. Chain link fence encroaches t 1.0
on east line of properly. ldt - LIGHT POLE ,
LOCH Rpr a 1/1ILYRGR01/ND URLI7K5 9fDMN NCnEpV AA( APPROXr4A ]C
A-
AR( BA$EO p
OCA
P4
4ARM
L
77r1/CNA
a
S
rL l] YING NG M A
1K0 or
A I ME ]N1[ Or OUR R AAR STAR
AND C CO4
l4A TO, rU
KY
Tp
R/A5
BY
'
OUS URU7Y COL ANS(S AND GO1rAW4ENrAL A"AIDES. ALL CON 1*4C.M7S
[:R
SI NO MY COP7KR GME CALL ' PMOR ID ANY EXCAVAnON.
J
.`
.
---- ------------
LOT 8 , BLOCK 3 IVERSON 3RD ADDITION
HENNEPIN COUNTY, MINNESOTA
1 hereby certify that this pion was prepared by me or under my direct
supervision and that I am a duly Land Surveyor under the lows of the
Stole of Minnesota.
Nome
Rey. No. Dote
Scale: P pC?) - 2nftz!t
1854 UWG/200277 200277-eTS.awq_____
L
•
I
l
-------------------------------- ------------------- ;--------•-----
EAST 63RD STREET
O
W
I
Q
I•--
N89'28'31 "E
133.62
-PM
' MrNNnI IIM:1 -
iw rxancnnw+l
I Mn u, o •I - ..
Mu rx•r ? ? _ ? 1?1 .--- bnul•'i110 1< I ^
I l
. ? p I ? ? ,''jsl MlDrlnrD ?
PnopoSto 1 C, Y M
CdICMn TIME WANNEN ` 01. V
„ty' / I r°"OM y CAOLE NEUr `"- ,1 Icj g
ouaolNa N
ti _ >t
• I ~
1 nn,MS as• m„oxrob '?, 1
? I ~
R (.mMC w• x•ns ?'1II ` u.•. IM rrx. t:.
nMrc s vMS v.v' sN.as'
e,o e. luc x.a•rtc,IMxs)
?xo 0
II-- hq ,'yam----- (133.62 plot)
• -s'? RETAINING 132.68 /
i , WAU? 589'21'31"W 1
elr bmvE s
EXISTING ,Ice -
HOUSE
SITE PLAN
SITE SUMMARY
GROSS LOT AREA: 9,060 S.F.
GROSS BLDG AREA: 1,416. S.F.
NET LOT AREA: 0.663 S.F.
LANDSCAPED AREA: 0.003 S.F.
LANDSCAPED AREA AS
Y OF NET LOT AREA: IS Y
PARKING STALLS REO'D: N/A
PARKING BTALL 8 PROVIDED: N/A
1 1
a la w' Ea
/CAU M FEET MOUTH
0
GENERAL NOTES:
1. Ns o+rxsoxs ,o ,r a c
t. sa LM.tr bwouN rd Drl xLOxS. aL•MnOt. •w LOG,gx a Yxd, xMx.
»M gY[ Mrd [1Hwg
a- - 4arnaxt (
NMI CbM,dt.
•. cdoond t rulrxs« w. x(ccssND nM:MC •.MY.as Nq stur,c M:(ao
m nonce Mas*MNIS .xD mx:uw nwrc rMM ntwos MsuML
oN(cnv d d -111 rbx cdslM?c,ox.
a' op11••, :iisdr[n M':'.!w!u'rs r"o'd'w, • M,w?w ar .u smr.c s,l,uc,u,[s
•. Can••C,d f,•n M11 1 NUOwxG -.1. taUC,Wa r•w x•1NDa
D•'w?.ctfrto n"I'ox.li sii'ilxa,.'ciwlsrrMiN"isaccxi n :lairuxYO"n n cu •c,l'Nrcs.
,. co»,s•crd swu w •wMxxun con nrw: •c/xcct •,o c(1 ru russxn
nMns MDDMD rD: ?lr MIxM ,w rcxl a .,. MxM ....loss.
.. to faY p.[ ,scl ,•M'•M:1 Mau»o ou,sux a ,MI w.•• ca( npnMr ,rm
10 uluNilMaW W M aM uMxr! cdlWt,d a.N, wmx nl,rsLd n,M
.. M osrnuc,d t«rl nnMOl r cd,xs owro cus,•uc,o. a Iws, slno uY[I
• •,x rx( b N rC?+Nn' INr',[ <dlxU rwl Y n•L[0 M COrMMItI »Ix
w »apl 'Rwoww, , IC LOr,lq !!M ,.vwn r.ln I+,Mw' dn0 Nss ,N+.
,0. M taxnrc,d 4w+ 1•nl rlwfWlf 10IMWI Iw., lw •wJ,•IG n lOU.nD ox d
pNLq w •w DUI. Y1W!• IM OIMxx CD.IxC;d t..,u , M YAK
,lnN• lOf1,•Ix Mlx . luMH nw MMw ,O aM+lxOC. xM 0 I,r4wl COr11RN,la r,«
rMY nNn
104,•M d n• lut,•L ,xllt Ox M fll nw. M( Or. •Fno•xw,t
CONSTRUCTION NOTES:
M I
wN
+'
r
nxFMO••
w'» ?
M MM,ny+. O .Mlxn •e,wDNO n
f fn a1rrN r.rl •,D Nq M . O r+
,.iw r
•v.rwD.o ,N,.
.
' Y
4=
"
?
"'
'r'
x
M
?
rM
,
-
4
.
..
•
?s
°
.
:a
?w
w
'
I" •
r
r
n rN+ •, xnno
l
uwnodyao w••aNl r`'""ro o +o
I
w
o
?
no Mlocrd .•..w Dxr,.
• •+. • na
.»
ro+nnn co.nx, •. ,xx D nwrx, r,.., w.lram
N
¢
a .
MO'
'
"?
'rOr
'n "
°:
° ±~
: :'ww ?
:n
;
Z
O +r
.Kn
ow
co
o,
.
.
.
o
r
.
?.'•...,a M?+ runnrl0 Mr•i •nn fw qYY Mr ?""nw
Yno r Mcdo.l.a . +nc?
V
Y '
2
C ? • M •OG•ngf a usaMwD.o
.axn, rxlr. d +r1 n,r
•M u:oar .y fwNn •rw .:`
41a ctvx+ Maros
?
o
V) .,.c+
rro
.
M Ma M Nm+c.,.n,
Dnr ro c
s
'.x
O 1x°C
'
'°'
Y
1
1
CO
x
r
'" i.
.
c
O
o
NO
r
, .
id
ra i ?in ro w aN++.c,o,.d o..•a
+
o
nnr •wm cwro •• Ms rN. row
+
?
p
m
-?
a
3 mra
?d
D9
:>
l
?+ .
?w?wrxr++c «
.Max
.
D+i:Nla+(+s?MO•ro.•aaco?. arnMUC,ro..d
la+s•n. n
d dw aNxs+ rr ronw•D. rxa
«
w,
r .xo N M tar.srt,d ,A •DM wwc N R MOD! oul
LD.?O"A',D'[A',Nd, «Pf p1f.0r? DMVMrfn• w Mr R.x+ I
ALLIANT
ENDINEERINO
?x•rxsxi w+"'•'il N
•r?' 1
2
O
s-
Y
S
K
W
J
m
Q
U
K
W iyy9S
w
3 e9 a
F- ? In
scvno.s
e••w s, sD•
wcs(o N
drt ntus '1
sus ..
lo• b. »-•rl•
C-1
swls,
• •
r-._.-o-"
EAST 63RD STREET
N89'28'31 "E
i 133.62
fMl M
I` !m
r---- I
U) [ L____11 4c - ,/V., (?MZxpYaC«/m+J ?_--laniubiiiro
'1^ S 1 Ia ,M•a a
FF-- ? W(•YrMD
l U ,ri uawc ,r IlY r•cro
j Ld
v 3
Q v ^ rfl
r'I
? pn v
co
v V
'?•?? C ? IMSrMt J.' COrrp«?gpp. ?
T? IYY?J _ '{rtrrrD .' pMwEa nM
-L I o \E MgrtD •
I? / R MwAD S ?? `\ I ?v
Ean,rc w r sm ?'I??
a.w Ew. r
/ • n•
S,ra S •MCS
(133.62 plot)
• - • ?" X, - RETAINING 132.68
^. , .-WALL
S89*2V31 W
r BIT: DRIVE
. EXISTING ..
HOUSE
LANDSCAPE PLAN
4!T,. r
0
GENERAL NOTES: ALLIANT
ENGINEERING
,. W mntnsq«5 ro It p cure.
1. SEE SUMV eawun rm a•[MiOrrS. KA A l vm Or r«W -
3 W [llW,IOxf SN•« M[ MOr?pS[D. SIC su..aY fq Cus,wa RlY•,p«s
Arra fL.O,U«S.
., ldRMtlq lrrNl rWyr W MICS- r[«CMa 9NNCIOCs Mp fr.Mrra .[r0
{0 MR CI ".S,..M! MD .[wC_ -11 fad rWAgs M-1-
M[CRv w m WM(C,ly rrpY Cds,w - _
S. CpRWL,?(ISM wt« 1•Dlp •DCL-aw • .(uDA.I p W LvSaK S,I.,CIUMS -?
Srru •rolttt AOx.r«D -.11 • Sl_,OMf rap. ,wA.m
MSOCr.ItD MI« .• COMS,auC,O« .c,Mrcf • fr,Yt r MSPbM1i9t Iq W
o.ll.a[ 10 r.OM.rcs • Sh 1_5 ,•r., oCaw ..! • MWI p fNr •C,MMS.
r. oo«,MCIq :,«,. «D,xv rnMO•RU,E LD.(M•«L Act,us Mom W .Ixsw. it uipOO?Owar r?..,+ •
MI,wR MwMlo rq «an• •nrw hx rw, a w+ •rxM .•.crr•.[. .••?•{.S.wp? w w•
\. W Far•1 [. IMI 1•M•«L alaW10 Ou,{q p IW[ •MMt. fwrt Mlant.h ,II.IS ?
ro corri ?ogow.,oo ?«Z uNxw co«rwc,q. muw wem« M.uswx mm • ru
• IN tdRUr,q Yw. n,o.,r „wnt m«,Ma o0xrc cdsnuc,.w q w, {!.0 nrcu,
• n« ..E » AS MnlSM,. aura cd«a• Yr•4 r nACto w ca.•a.vst •„«
r,i wDa, •nwaw. ,rria co..,r• xW u.wn rarD Y.Mw' and •rsu ,.[! {?t}
10. ,N Cd,4C,q YrW ,M/ .aAY•as ,0 lww «u, ,N rA•orc R LOGRa d q lI
pl,Sq ,N NIxO«L rla.r.• !W LINra fW,rt,q Ywll M.r? M tud.f ?t !
CD..q l0u?aw Mi« • Y•M rq Wy ,D [<Mt•u,ar ,O t•surt GM..ral wm ?+j
' Irlr 11Arr{
,,. M lnuiur p hx t.n,wc rMr! a 1N Y11 nM w D«l. uWO.w,[. /!
}tt
_ IANUSfAPC 6CNEDULE
-ALL __SW!!u!!!1•+M1 __ KIW" [N.- MLL- _ M,s1 n t
ONNWNILL.1M13 _ y
MO -I.- L•M W . '•W tWww ! C. Y• rldiw
• 11CU «.UaMr1A ,r•r«pw .•. ,! 'Mwwr \' rr,.. Cd,
W orrsd rvcY. \Mr Mn iwy.,, r,w..{. ?M.s.wpr.. ••+i ie• rn,. Cdr fwm-
W V _
?$ PLANTING NOTES:
? l•rrp(NS [Ql,rr[,q Yrl yR« V,1 •I,N• r0
m YXMSIR vU?YCEW C<MIRI. rNMwa
Z ?( IIIIMn YMLL M {,MID !+ lA«fIX.R A.CMIC, p
? g Mtpq M ?r0•« Ou MM q MrO?«n0 Mr?MM«l.rM.
InM MM • . OrltM••/a?' rhrtt« M .,rra p '•"?' ^
W ID •wn Yro.a q M rw ••• M MurM• sNr« d Y1 ,.•,
iA w M -1 Yraa« d MC n•n ?y 0
H
M ?
ru ,rd-SUCIO s«.,• AMns Marc .
-.R R M IIIa I r rD I-
.•aM. wY .• r,«« •AYaD , ort• •[[o N
•N•t. r0.+_tDal• ro r v.lLL. Nt• •un 0?••D«o
q •r•.wRO [oua. >.
uf.W ._.• oc
W.aDD YUICx •M""0 g
sRfa. p W ,MC Round d rMr rtArn xOS os W
nA,R..D w s«at cOasR, p !Da stun CoA.. ?? fa..r s+r ?
is.
•u _Z Ywt m•n+ •R. nR uns, [W-
p M •,![.an• S,MOw rq r•r,srn SMt+t. to
-
NR•r w1S0C•,9n p ,MS[Marr V ?S
•u ,Mt ra,MEf `-L r 'I-EP vnm e+o... MK
- ,atf .w. •••L. .w • ao•[•r• .MMTS M AMa. - ? ?t
u«osCxt CD.,aAt,q ro .•Ra Mp .xr,•• W «- W - a CL
nAw, Y.rtw.s Mo sad do rrr .cun.ricE. ZZ Yw w
a
Mr•., •, ro tos ,0 o.«ta W pwct ,o rao•[+n
Q
MsunN: nd lArcu•rC M.,a. .> 3 s U
uwtpnt tdRr•c,q ro ,wR Au ,rrotauarc +1. - 9 In
,amts lp•rtD •.o. 10 _
ME- MO .+w W -0 YIMAttf MD MuM W ? R: g
arras Msun• rad L«ox.•t o.[M,as. s••
lA«osDVE mL ,a aro .... nsi+und... .rw w..,.w nn[a Mtlf1d1t
aw-
i,•,K MO (i/r•f p ,MCS Md•r[D Lv,OSCAit
cd,rc,m S- M,WMtsi 0, MIS 1. -
pllY,d p •.1.1,Mh MaCD
{a0 W rs,lr0 ..[M wM M.TKav rows.
rE«0 sod. rt. ,rrn wn.l .ux.,MU.
row A Oq
WgtD \+
YR •Nrl• I•„-.
Sf•.[
I ? i I L-1
Be. M rift NMItN
Y•rl p
1 -L r I I t 1'I r l L.riL r
?'ft:?_r LrttTIl-tTrrrlrrtr?-1 rtlrr
- r L 1 L l 1 I C[ I L-
I IT
°°"" Ll_ l - - 1 r ?- T L? L L:C1 r, IT1..
oxxrac[ xacc -/ 1-T7 L J 1 I J??ILI I ri1_ Lr r? 1L
r- r_rT1T rr ''t'1:.T a
LL,_r rrrTrZ)SLT-Ii17
NORTH ELEVATION___
JJ -
" F4
I
]
IT TI
l
[ r ? ?r
,
_CL I I I ?. i i-rT1_?_I
r r rlr r t t I I 1.
I r I I r I I:
T
L
.I rt I_ rI:.
I
1_r r i t
:
,
trtr:rrl l_
9m„? r
7.I IIfr11?1II7Ill]I-: r.?
-.LLL L11:
T I r. L r t I .I..
C 1 I I-_L I I l r.
L 1 r r: l I 1 r _t r L 1-
S L.L
-L r r
_
q..., ce L L L C_1- I L C 1. .
1 ?.-
?,I.T,
-_ -L r ::r S? 1 T
s- ] 1(- I T t?:_r.'=I L r - r'7 r r r'T_:
(2)WEST--ELEVATION,-,.-,,----------.- c«a ? '` 1`_ _7 Z r -I-S: I 7 T`L 11 11_. Z I A3:.`.•?.-___.
Pe [ , r fir= _rrl iI?LI iI- I.1E rTr -L'
T' ZrLrLirl?i--LfiiprL 7
I I I 1 LT7 _ IT-T7.ILrSLS I?.SLZ S . T l:r rri
1 ] ?,ir T
_ r ? =r ?_ -r2r . L rll-r?-rr: J. I
s
?IZ rrz L r s il1r 1 s L r T? 1 T_
L17 L - I T r L
T .. _. Tr szs:= rrTT
T 71? S? 1- Lir1 [ L I _L L
S 1- 7 LSTLI .S. .. .
TT _71?rTT?A- - r Sr 111
03 T SOUTH o ELEVATION
TI?Tm 7m - ei___
.--
--- _ %°e_.
boo .._.-
?«
- - .%7TIIIIlI7lJTlIIlT1ITTJTIlll7itiii?tTJ/711711r111/7?'T?T
3^Ix
g4
e 1
' ?? ? ,n 0?_7C?1L 1C 1 .: ICS-.T-l ]C--]C-]0
- ,II ZrrrrTi aiiits. _. i?tV -77 m7-777
ZTZllTlz7rllll7. IT%%!
`
d
I
..
--. -
NORTH
a
OROOF.-PLAN _.-___-.
DJR
Architecture,
IIInc.//
\ I
'pl
Sl. AnlM1Ony Yen
Sit Second Slreel SF
YlnneeeoMN S1111
Ph apn. .1
jq!
?r?s s
gyE
q4?t? sr
z
0
H
Q
V)
J VI
z
0
J
m W
U 5
W z
z a
r
3 a
w - 0
f - o
F- e a ?
Ma"o .o,
ic:Co n ca
um KS Ea
ol-
Al
EAST ELEVATION
I
sru 1[N t
INV EL- LT) 17
INV EL. 618.37 Hr+, 'i`---`^'-----^---- --"----?`---
?__.- 1Y.. - _-itms --y--,----- "ena.
i
(',)SAN YM ?- EAST 63RD STREET --.»_
au RIe1EL- 63)6)# N89'28'3t"E
INV EL- 814.63 RIM (1. 870)5 ---
INV n '
- 670.55 133.62
`` rn _. _,.._... ..,.,., ..._ _ ?... ?... eaa a• `?
H] \r r _y,.?=w fD - - ' - ' - 0?2.1L'•'-- - - -'-' - ' y - - - -t _\LZ.r ? - - -
-1 i lm+r fn„ H!olOt-.?-
O ?? /- kH1r ?+8/+w-1 I ee _-
Llj IN, _ H t
I
H)„ t'gA1o( sro PnoPO6co l
q],• `\? n I k CM6Vjnh?Nl[1v POND I?I C rr?'?l
• j..?.- „5T1-..? .»N \\ \ \\ ne ,I ?il'I EV7111 WU
\ I \ \Y+' Z
i•i) Irk a!•i 3_I ?J ? I• r \ ////--}} 'I I I ?U
\? \ \ .12 57
>+? Nj
r, M,
\\ ?I,?.1 \\e?? av,\ ? ?+r ckeN aNr rn. t I I I
\ ? eaa ? 'r•- - \ HSar
\ sn-\ ?_---_._enli \ \\ \` ke]+^e .., eneoI wI I
:.Is" us 02
+I IF wP e]eer e]ee] -err • (a1?3.2 8' ` r.> I f
stare Her keno xe-e.• -kc.?.--sat RETAWAINING l
10 / e Mr LL / 132.p8 7 I
i lr+D ere-- 7 ? 89 111111
? d
i ? '?. Haiex : Han en.rr H]Y - (\ / Hl.e• k I ' I
' r? en.a• EXISTING ken sr J I ¢''
HOUSE 1
T sn.1•'•` eresr I /Zen4o'
1122
Heor
GRADING PLAN
ALLIANT
ENGINEERING
i? ?ee•'wwlt r
- \rre w
r?i-\1er 1 y
ww
a1}?
GENERAL NOTES:
?
+. w aw afloxf to rAU v c.lrs ??•
1 YI NkMr YfMM. rp DMxfrMf. NAA•gf. A+q a0[atUx d NKn wM
?
] MI 41w+tM Yaw M M4NN0 Y[ YM. rp IN1wp[alwl4l[
AxD p»a14n. 8?
epnvetp rwI rwxw hl Yclrwn rIKr0 \eran[ •xo ftxK KIVD t
10 M411 c+ MN\te1•xf AvD N1KUY +kNrk rlelx WNIDI MNAIrt
' I
pMal. p p •tYt+a. IMM C(+x•t11ut1r1x r
f nMl M tp w wflarnrr rp pYklnp \ MwAwa a •u ImnK f1AVCtpNf e
Ie1tY Dr M• Rpr Y Yarw !i
/
l
r I:ptrAClp f11M1 +,nrtCl Ipgw•1 M01YMRl . \1Ayctyryf r\p +yAUf
YYKU+ID wtx M tpNklYttal K+M+rf a fwll N MWVM/ p NI
0.11rY 10 twpMMR{ . YwF1VMt Nw OCCV• N /. YfUt p MY K1Mne
]. cp1\•clp Ywa Nan o?ge1.1t M Krf ut v+ Au MPfwn
nAwn Mourlto rp r4M w11r M v wale Nnlwt
+Mt
n+e•1y) 01kfq v N1r wl rotRlr lArn
I
111r
I-, K
Y+•11 N ( n +1e W.- aAI Cp+aK1p, pU_ r1 -111.
DplpU
l(D
MN•fYk1 xY011
COWIK[wM P .p1a.
[ M COx111r(+I+11 fWll eeP•Y tMIIt COxnIN Qrl•t Cp1ft•V[+tM p IYI \rM f+Ml[t
+w A.a. fo Y xtnsf•e.. +kvrt cp11a NWl r nACto w clknxKt wa
xt Y.oo1 'Re.o?w. xwrt wxna r1Nt u.ounrrlo avalw• prto Y•1I +nf.
+e. M tpnve+p \1•el + [ MAfptf n tM I- lkat at L-o p p
w1w tK euaDK Wm IMt. 0[KMl Lv0t+p Null Hwn M __
CDAx[\ IOG+tx IM A S11R,nDI1 /1141 to COx\twA'.141 M [Marl[ Ibr,la 1 wM
R! NMq. Z
++. tK aoultx v rK tmrwD krttf p >M Yrt M.w •Rt an• A.rrolrYrt. O
f-
1<-
5
LEGEND:
K
[mot cDxlpw
+ ?
_ _
•] _ _
- - .AOroYO coxlDlkl co
^? Ya
-»- [mac trot Y.[r c
W'.? zQ
J
?
-M- [mYt MYrM l+]c1K ? ?
9 Z
o P+a tAaM ? 0
oR:4M[R M aE
8 xiown r=•.:? U
^?• ra.o wa1 xat ervetkf
" unn. role
O sxMNN p Mpv twat
?1 alNn rNt
lel..k n
oiv[e n IN•
Yn IYUH
talc . +-m
1 .10'
?. Tae .o.
" .
a IF w w'
-
C-
60A,L11 M M" mom
eKn r
0
•
6309 18th Avenue
Surrounding Land Uses
°? ? o LI
?
u
?
o
Lj
?
'0
W
? w
? ;
F1
?
?? u
I
?
4
a .
=
?
?
?
°
El
a
a
I?
a
?? ? ? Cr? ?LJ ??
64TH ST E
E?
,Q
u
o I ??J
?? J
?
?
! N
LLl
Qj
? N
Do ?? >
? a
o ? ?n ? ?
I? ?? El i s- ? ?FA ° ?
k
•
? ? E
D ??
El ? _Q
v
C1. F? E?
y
lA -
a
w
% U
to W
a _.
L
o
0 6509
I
Attachment F
Land use
Commercial
Apartment
Duplex
i Residential
-- Quasi-Public
School
- Church
Vacant
Park
50 0 50 Feet
A
N
August, 2000
AGENDA SECTION: PUBLIC HEARING
AGENDA ITEM # I
REPORT # L u b
STAFF REPORT
CITY COUNCIL MEETING
AUGUST 149 2000
REPORT PREPARED BY: JULIE URBAN, ZONING ADMINISTRATOR
NAME, TITLE
REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY
DEVELOPMENT DIRECTOR
NAME, TITLE
ACTING DEPARTMENT DIRECTOR
REVIEW:._
SIGNATURE
REVIEWED BY CITY MANAGER: Or ,y
ITEM FOR COUNCIL CONSIDERATION:
Public hearing on a request for renewal of a conditional use permit to allow auto sales at 6529
Penn Avenue.
1. RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Approve a
conditional use permit to allow auto sales at 6529 Penn Avenue for
three years from the date of City Council approval and with the.
stipulations listed in the Legal Basis of Recommendation.
II. BACKGROUND
The property owner is requesting a renewed temporary conditional use permit for
the property. Walser currently operates the car lot.
In 1990, a three-year conditional use permit (CUP) was approved to allow use of the
property as a used car lot. A temporary CUP was issued for three years because a
planning study had recently been completed for the area and the proposed car lot
was inconsistent with the results of that study. The CUP was renewed in 1993 and
1996. In 1999, the conditional use permit was renewed for just one year because
the Penn Avenue and 66th Street (PASSS) planning study was in process.
0814PennAve
III. BASIS OF RECOMMENDATION
A. POLICY
• Recently, the Housing and Redevelopment Authority (HRA)
determined that it is not feasible to actively pursue redevelopment in
this area, so a longer time period for the CUP would be appropriate.
• Historically, the operator of the car lot has not complied with the
conditions of the CUP; e.g. too many cars parked on the lot, cars
blocking the drive aisles, cars parked in the alley. In the past year,
there have not been problems with compliance. Renewal of a
temporary CUP would, however, be appropriate to ensure continued
compliance.
• If a permanent CUP were to be issued, some additional site
improvements relating to stormwater management may be warranted.
B. CRITICAL ISSUES I
• There is a private alley that accesses the properly off of 66th Street.
City Engineering staff have recommended that the alley be closed for
safety reasons and in accordance with access management
standards. There are access points for Cousin's Subs and Taco Bell
within 20 and 45 feet of the alley and all are located within
approximately 160 feet of the 66th Street and Penn Avenue
intersection. Because the conditional use permit has been temporary,
staff has not insisted that the alley be permanently closed (curb filled
in, and the asphalt replaced with landscaping). At the Planning
Commission meeting, the property owner raised the issue of allowing
the alley to be used for access. Engineering staff continue to view the
access as unsafe and not necessary for adequate access to the
property.
• A neighboring property owner testified at the Planning Commission
meeting that the trash enclosure located in the rear of the property has
been problematic and requested that it be properly secured or
removed from the property. The manager of the car lot testified that
the trash container is kept inside the building and the enclosure is not
needed. The Planning Commission recommended that the enclosure
be removed as long as all trash containers are kept inside the
building.
C. FINANCIAL
• N/A
D. LEGAL
• On July 24, 2000, the Planning Commission voted unanimously to
approve the conditional use permit.
• Notice of the public hearing was published in the Sun-Current on
August 2, 2000 and mailed to property owners and occupants within
350 feet of the property on August 2, 2000.
• A completed application was submitted on July 10, 2000. A written
decision is required by September 8, 2000 to be in compliance with
the 60-day law.
• An auto sales/lease lot is a conditional use in the I (industrial) district.
The findings necessary to issue a CUP (546.05, subd.6) are as
follows:
a) the proposed use is consistent with the goals, policies, and
objectives of the City's Comprehensive Plan: The auto lot is
consistent with the Comprehensive Plan designation of regional
commercial/office, although the Plan also refers to the PASSS
study adopted in 1988.
b) the proposed use is consistent with any officially adopted
redevelopment plans or urban design guidelines: When the
property first became an auto lot in 1990, the Council found that
the use was not consistent with the PASSS plan and
determined that a temporary CUP was warranted.
c) the proposed use is or will be in compliance with the
performance standards specified in Section 549 of this code:
The Engineering Division has determined that on-site
stormwater capacity should be provided on the site. Because
the auto use is seen as an interim use, the Engineering Division
has allowed the property owner to delay those improvements.
d) the proposed use will not have undue adverse impacts on
governmental facilities, utilities, services, or existing or
proposed improvements: The facility has been in operation
since 1990 as a car lot. Since the CUP was renewed in 1999,
the property has been in compliance with the CUP.
e) the use will not have undue adverse impacts on the public
health, safety, or welfare: The facility has been in operation
since 1990 as a car lot. Since the CUP was renewed in 1999,
the property has been in compliance with the CUP.
1) there is a public need for such use at the proposed location.
g) the proposed use meets or will meet all the specific conditions
set by this code for the granting of such conditional use permit:
At the time the auto lot began operation, the property met all
conditions. The Zoning Ordinance was amended in 1995 and
additional conditions were placed on auto lots. The site would
not be able to meet the condition of a 15-foot buffer yard from
all adjacent land uses (see Section 526.72, subd. 11c).
• Stipulations of Approval:
1. That a 22-foot minimum drive aisle be maintained in the parking
area.
2. That landscaping in the front of the property be maintained in
compliance with the approved landscape plan and in
compliance with PASSS design guidelines.
3. That a maximum of 30 cars be on the site at any one time.
4. That the alley located to the south of the property be
maintained free of vehicles and that the alley be chained to
prevent access or a permanent solution implemented as
approved by the Community Development and Public Works
Directors.
5. That the trash enclosure be removed as long as all trash
containers are kept inside the building and not stored in the
parking lot.
IV. ALTERNATIVE RECOMMENDATION(S)
• Deny the request for a renewal of the conditional use permit.
• Renew the conditional use permit for a different period of time.
• Approve a permanent conditional use permit for auto sales at this property
with the condition that the alley be attractively landscaped and maintained,
and stormwater improvements be made as approved by the Public Works
Director.
V. ATTACHMENTS
• Attachment A: Site Plan
• Attachment B: Surrounding Land Uses
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Ray Tharp, Property Owner
w
•
I
I
I
I
I
V (
m m
x
Z c
N
m
m
c a
"
m
I
i
I
0
m
A
N
t0
Y ZNaNHOV11V
LINE
m
o0n.? i
G Z i
I m 13'
r
PARKING
66'
c x
_ PARKING
I
PARKING
I
~ PROPERTY LINE `
I
I
I
a
O?
I o( o
m m
v?
m
TIz
rc
i Zm
,1 •
L- - - - - -
J
Attachment B
40 6529 Penn Avenue
Surrounding Land Uses
0
•
?? ?, W
? 6512 ST
662!9
47
W
W n. h
66th St
cf)
J / W
Land use
Commercial
Kllll { Apartment
????N Duplex
Residential
Quasi-Public
School
Church
Vacant
Park
U ?p D
?I El
a n 1 a?
? ?? I?
ool ? ?
? of
? i i L__I
? I ?? I I L6
LJ
>I
Q
- 50 0 50 Feet
August, 2000
•
•
AGENDA SECTION: PUBLIC HEARING
AGENDA ITEM # 6
REPORT # 207
",a
REPORT PREPARED BY:
REPORT PRESENTER:
STAFF REPORT
CITY COUNCIL MEETING
AUGUST 149 2000
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
DAWN WEITZEL,
HUMAN RESOURCES MANAGER
NAME, TITLE
STEVEN L. DEVICH,
ADMINISTRATIVE SERVICES DIRECTOR
NAME, TITLE
SIGNATURE
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading of amendment to the City Administrative Code Section 1,
Subsection 310.13 describing the appointment and placement of relatives.
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 310.13 describing the
appointment and placement of relatives.
•
II. BACKGROUND I
Several situations have come up recently that warranted the evaluation of the
"Appointment and placement of relatives" policy. The current policy stipulates that
relatives who are closer than second cousins by blood or marriage cannot be
employed in the same work group, but spouses can work together as long as no
employee would exercise supervision or his/her spouse.
In comparison with other cities' nepotism policies, our policy is more restrictive in
relation to immediate family. A recommendation is being made to amend Section
• 1, Subsection 310.13 to eliminate the current language and instead read:
310.13 Appointment and placement of relatives. The city will not employ relatives under
any of the following circumstances (for purposes of this subsection a "relative" shall be
defined as an employee's mother, father, grandmother, grandfather, sister, brother, son,
daughter, spouse, mother-in-law, father-in-law, stepmother, stepfather, stepchild, aunt,
uncle, niece, or nephew):
1) Where one employee will supervise a relative.
2) Where one employee will be responsible for auditing the work of a relative.
3) Where confidentiality of the City would be compromised.
4) Where a conflict of interest would arise from such employment.
Where as possible violation of these provisions relating to the employment of relative
exists, the City Manager must consult with the City Attorney to determine whether the
implementation of this policy is consistent with applicable federal and state laws and
regulations.
1111. BASIS OF RECOMMENDATION
A. POLICY
• Subsection 310.13, Appointment and placement of relatives, will
enable the City to become less restrictive and equitable in its hiring of
employee relatives.
• Making this hiring policy less restrictive will not compromise the
integrity of City services.
B. CRITICAL ISSUES
• Subsection 310.13, Appointment and placement of relatives,
allows the City flexibility in the hiring of relatives, yet also allows for
circumstantial limits.
• The required legal notice for the public hearing was published in the
Richfield Sun Current on July 26, 2000
C. FINANCIAL
• None.
D. LEGAL
• In order to provide the requested hiring enhancement, the City Council
must approve an amendment to the City personnel ordinance.
• There are no other legal restrictions prohibiting a municipality from
hiring relatives for City positions.
IV. ALTERNATIVE RECOMMENDATION(S)
• Do not approved 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 310.13
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 310.13 of the ordinance code of the City of Richfield entitled
"Appointment and placement of relatives" is hereby amended:
310.13 Appointment and placement of relatives.
., s
l^7lei made by the manager. The city will not emDlov relatives under anv of the followinq
circumstances (for purposes of this subsection a "relative shall be defined as an emDlovee's
mother. father. arandmother. arandfather. sister. brother. son, dauahter. spouse. mother-in-
law. father-in-law. ster)mother. stepfather. stepchild. aunt. uncle. niece or nephew):
1. Where one emolovee will supervise a relative.
2. Where one emplovee will be responsible for auditina the work of a relative.
3. Where confidentialitv of the Citv would be compromised.
4. Where a conflict of interest would arise from such emDlovment.
Where as possible violation of these provisions relating to the emDlovment of relative
exists. the Citv Manaaer must consult with the Citv Attornev to determine whether the
implementation of this Dolicv is consistent with applicable federal and state laws and
requlations.
Passed by the City Council of the City of Richfield, Minnesota this 14th day of
August, 2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
•
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM #
REPORT # 206
J
REPORT PREPARED BY:
NAME, TITLE
REPORT PRESENTER:
STAFF REPORT
CITY COUNCIL MEETING
AUGUST 14, 2000
NAME, TITLE
is
•
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
RANDY HUGHES, OPERATIONS
COORDINATOR
MIKE EASTLING, PUBLIC WORKS DIRECTOR
U fGMTURE
ITEM FOR COUNCIL CONSIDERATION:
Public hearing to consider specially assessing the 77th Street project area for current services
for the period January 1 through December 31, 2001.
1. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: adopt the
resolution ordering the 77th Street maintenance work for the period
January 1, 2001 through December 31, 2001 to be done and the costs
specially assessed.
IL BACKGROUND
Beginning in 1988, the Council has taken action to support continuance of specially
assessing a 77th Street project area that now is from 1-35W to Cedar Avenue.
The proposed higher level of maintenance to be provided in 2001 includes
? trimming and watering of trees and plants,
? repair of sidewalks,
? trash and litter removal,
? irrigation maintenance and repair,
? removal of snow and ice from sidewalks,
? maintenance of the sound wall barrier and
? performance of other specialized maintenance functions.
0814PH77th01
These items are extra services provided directly to the 77th Street Project Area and do not
include services provided to the entire City. Most of the routine maintenance (mowing,
weeding, litter cleanup) has been and will continue to be contracted; leaving City crews to
perform repairs on irrigation, lights and signs. For the most part, each owner is to be
responsible for property to the curb while the City is responsible for common areas such as
street islands, the north boulevard and sound wall. Although the City does do some
maintenance work for individual property owners, common areas continue to be assessed to
the entire district.
1111. BASIS OF RECOMMENDATION
A. POLICY
• Resolution No. 7405, adopted in 1988, established a policy for assessing the
costs.
• The City Council has scheduled a public hearing for August 14, 2000 to
consider the establishment of a special assessment district for 2001 current
maintenance service costs in the 77th Street Project Area between 1-35W and
Cedar Avenue.
• Notice of this public hearing was mailed to all owners of commercial property in
the area, and published in the official newspaper as required by law.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• The estimated cost for the period January 1 through December 31, 2001 is
$85,000. All commercial properties would be assessed on a square foot basis.
All single family and two-family residential properties, plus the two churches in
the area, would be exempt from the special assessment levy.
D. LEGAL
• No legal issues are apparent at this time. The City Attorney will be in
attendance at the Council meeting should a legal question arise.
IV. ALTERNATIVE RECOMMENDATION(S)
• Council may choose to establish a set rate and limit the maintenance performed to
that dollar amount. However, staff believes the redevelopment area would suffer if
limited maintenance was performed.
V. ATTACHMENTS I
• Resolution ordering undertaking and special assessment of current services provided
to the 77th Street project area for the period January 1 through December 31, 2001.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• City staff has been available during business hours and at City Hall immediately prior
to the public hearing to answer questions and concerns of property owners regarding
the proposed 2001 special assessment. City staff is not aware of any major issue or
concern that has not been addressed by staff.
RESOLUTION NO.
0 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2001
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a
special assessment district and did propose that certain current services be undertaken by the City
in the 77th Street Project Area, approximately bounded by 1-35W, 77th Street, 1-494 and Cedar
Avenue and that the cost of such services be specially assessed against benefited property, and
WHEREAS, the City Council of the City of Richfield did also by such resolution set the date
of the public hearing on the undertaking of such current service project and the levying of special
assessment to bear the cost thereof, and
WHEREAS, following due notice, such public hearing was held on August 14, 2000 at
which time all interested parties desiring to be heard were given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. That the following examples of current services of the City shall be undertaken by the
City within the 77th Street Project Area, which area constitutes the special assessment district with
the exception of single family and two family residential properties, plus the two churches in the
area, with the cost of such services to be specially assessed against the benefited property within
the district:
a. Snow, ice or rubbish removal;
b. Weed elimination;
c. Elimination or removal of public health or safety hazards from private property,
excluding any structure included under the provisions of Minnesota Statutes Section
463.15 to 463.26;
d. Street sprinkling or other dust treatment of streets;
e. Trimming and care of trees and the removal of unsound trees;
f. Repair of sidewalks, crosswalks and other pedestrian walkways;
g. Operation of the street lighting system;
h. Maintenance of landscaped areas and other public amenities on or adjacent to street
right-of-way;
i. Snow removal and other maintenance of streets;
j. General maintenance, including repairs and replacement.
2. The work to be performed may be by day labor, by City force, by contract or by any
combination thereof.
3. The designated period of the project shall be from January 1 through December 31,
2001. Costs of the project shall be in the manner provided in the Richfield Ordinance Code.
Passed by the City Council of the City of Richfield, Minnesota this 14th day of August, 2000.
ATTEST:
Martin J. Kirsch, Mayor
Thomas P. Ferber, City Clerk
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM # 5A
REPORT # 205
STAFF REPORT
=Oda CITY COUNCIL MEETING
AUGUST 149 2000
REPORT PREPARED BY: RANDY HUGHES, OPERATIONS
COORDINATOR
NAME, TITLE
REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
•
libNATURE
? v
ITEM FOR COUNCIL CONSIDERATION:
Public hearing to consider specially assessing the Lyndale/HUB/Nicollet (LHN) area for current
services for the period January 1 through December 31, 2001.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: adopt the
resolution ordering the Lyndale/HUB/Nicollet (LHN) maintenance
work for the period January 1, 2001 through December 31, 2001 to be
done and the costs specially assessed.
111. BACKGROUND
On January 26, 1981, the City Council adopted Resolution No. 6372, which
established a service in the LHN area (approximately bounded by 64th Street, First
Avenue, 67th Street and Emerson Avenue) which would be specially assessed.
The higher level of maintenance proposed to be provided in the area includes the
trimming and watering of trees and plants, operation of a special street lighting
system, removal of snow and ice from sidewalks and performance of other
specialized maintenance functions.
0814LHNassess
.. . .......... j
1 111. BASIS OF RECOMMENDATION
•
A. POLICY I
• The City Council has scheduled a public hearing for August 14, 2000 to
consider the establishment of a special assessment district for current
maintenance service costs in the LHN redevelopment area. Notice of
this public hearing was mailed to all owners of commercial property in the
area and was published in the official newspaper as required by law.
• Resolution No. 6372, adopted in 1981, established policy for assessing
the costs.
• This policy allows-staff to continue to provide excellent service to the LHN
Redevelopment Area.
B. CRITICAL ISSUES
• N/A
I C. FINANCIAL
•
The estimated maintenance cost for the period January 1 through
December 31, 2001 is $50,000. All commercial properties would be
assessed on the basis of area, with each square foot of assessable
property to be assessed equally, for the costs incurred in the
maintenance of common areas such as street islands, the civic plaza and
sidewalks. There is an agreement between the City and the businesses
that the business shall maintain the property behind the curb. In the
event the City must perform this maintenance, the particular business is
assessed for the cost of the special, individual maintenance of direct
benefit to the given property.
D. LEGAL
No legal issues are apparent at this time. The City Attorney will be in
attendance at the Council meeting should a legal question arise.
IV. ALTERNATIVE RECOMMENDATION(S)
Council may choose to establish a set rate and limit the maintenance performed
to that dollar amount. However, staff believes the redevelopment area would
suffer if limited maintenance was performed.
•
V. ATTACHMENTS
• Resolution adopting assessment on LHN Redevelopment Area maintenance for
the period January 1, 2001 through December 31, 2001.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING I
• City staff has been available during business hours and at City Hall immediately
prior to the public hearing to answer questions and concerns of property owners
regarding the proposed 2001 special assessment. City staff is not aware of any
major issue or concern that has not been addressed by staff.
RESOLUTION NO.
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE
JANUARY 1 THROUGH DECEMBER 31, 2001
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did
establish a special assessment district and did propose that certain services be
undertaken by the City in the Lyndale/HUB/Nicollet Redevelopment Area approximately
bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue and that the
cost of such services be specially assessed against benefited property, and
WHEREAS, the City Council of the City of Richfield did also by such resolution
set the date of public hearing on the undertaking of such current service project and the
levying of special assessment to bear the cost thereof, and
WHEREAS, following due notice, such public hearing was held on August 14,
2000 at which time all interested parties desiring to be heard were given an opportunity
to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota, as follows:
1. That the following examples of current services of the City shall be
undertaken by the City within the LHN Redevelopment Project Area, which area
constitutes the special assessment district with the exception of single family, two family
and multifamily residential properties, with the cost of such services to be specially
assessed against the benefited property within the district:
a. Snow, ice or rubbish removal;
b. Weed elimination;
C. Elimination or removal of public health or safety hazards from private
property, excluding any structure included under the provisions of
Minnesota Statutes Section 463.15 to 463.26;
d. Installation and repair of water service lines;
e. Street sprinkling or other dust treatment of streets;
f. Trimming and care of trees and the removal of unsound trees;
g. Repair of sidewalks, crosswalks and other pedestrian walkways;
h. Operation of the street lighting system;
i. Maintenance of landscaped areas and other public amenities on or
adjacent to street right-of-way;
j. Maintenance of civic plaza;
k. Snow removal and other maintenance of streets;
L Painting and repair of wood furniture; and
M. General maintenance, including repairs and replacement.
•
2. The work to be performed may be by day labor, by City force, by contract or
•
by any combination thereof.
3. The designated period of the project shall be from January 1 through
December 31, 2001. Costs of the project shall be collected in the manner provided in
the Richfield Ordinance Code.
Passed by the City Council of the City of Richfield, Minnesota, this 14th day of
August, 2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
is
0
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM # 4C
REPORT # 204
STAFF REPORT
CITY COUNCIL MEETING
•
AUGUST 149 2000
REPORT PREPARED BY: RANDY HUGHES, OPERATIONS
COORDINATOR
NAME, TITLE
REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR
NAME, TITLE
s
DEPARTMENT DIRECTOR REVIEW: E''
SIGNS URE
REVIEWED BY CITY MANAGER: ?d /
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding adoption of the special assessment roll for 77th Street Maintenance
for the period January 1, 1999 through December 31, 1999
RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: adopt the
resolution adopting the assessment for 77th Street Maintenance for
the period January 1 through December 31, 1999.
III. BACKGROUND
Since the 1988 construction of the short section of 77th Street around the Hampton Inn, the
City has been performing special, high-quality maintenance along 77th Street. The
maintenance functions, known as current services, are funded through the maintenance
assessment on the 77th Street businesses. Costs to be assessed have been determined for
1999 maintenance of the 77th Street redevelopment area between 1-35W and Cedar Avenue.
The current maintenance services for 1999 included, but were not necessarily limited to, one
or more of the following including labor, equipment and materials.
1. Landscape maintenance of common properties, including mowing, fertilizing, and edging;
2. Irrigation maintenance;
3. Trash removal and general maintenance.
0814PH77th99
Council ordered the work, and the work is done.
The City Council has scheduled a public hearing to be held August 14, 2000 on
the assessment for the cost of current maintenance services performed in the
77th Street project area for the period January 1 through December 31, 1999.
City staff has calculated the proper amounts to be assessed against every
assessable lot, piece or parcel of land specially benefited. The proposed
assessment was properly filed with the City Clerk, notice was duly published,
and notices were mailed to the owner of each parcel described in the
assessment roll.
On or before September 1 of each year, the City shall list the total unpaid
charges for current services against each separate lot or parcel to which they
are attributable under section 825 of the City Code.
•
No legal issues are apparent at this time. The City Attorney will be in
attendance at the Council meeting should a legal question arise.
The Council may make changes as deemed necessary in the assessment roll as a
result of the public hearing by adding the phrase "and has amended such proposed
assessment as it deems just."
Jill.
IV.
V.
BASIS OF RECOMMENDATION
A. POLICY
B. CRITICAL ISSUES
C. FINANCIAL
• Total actual cost for 77th Street maintenance services is $76,674.70.
• City ordinance provides that special assessments for current services may be
certified to the County Auditor for collection along with taxes. It is the staff
recommendation that such payments be due and payable within the first year,
rather than in installments. The City has the right to charge interest on the
amount assessed in that the City provided the initial funds for the services. It is
also staff's recommendation that the interest rate be established as eight
percent (8%). Payment maybe made by the assessed owner before
November 15, 2000 in order to avoid interest payments. Payments made after
that date would include the interest payment.
I D. LEGAL
ALTERNATIVE RECOMMENDATION(S)
ATTACHMENTS
Resolution adopting assessment on 77th Street maintenance for the period January 1,
1999 through December 31, 1999.
The assessment roll.
•
I VI.
PRINCIPAL PARTIES EXPECTED AT MEETING I
City staff has been available during business hours and at City Hall immediately prior
to the public hearing to answer questions and concerns of property owners regarding
the 1999 special assessment. City staff is not aware of any major issue or concern
that has not been addressed by staff.
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT ON
77TH STREET MAINTENANCE FOR THE PERIOD
JANUARY 1 - DECEMBER 31, 1999
WHEREAS, pursuant to proper notice duly given as required by law, the council has
met and passed upon all objections to the proposed assessment for current services related
to maintenance of the 77th Street Redevelopment Project, which is approximately bounded
east of 1-35W and west of Cedar Avenue.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
Such proposed assessment roll in the total amount of $76,674.70 is hereby accepted and
shall constitute the special assessment against the lands named therein, and each tract of
land therein included is hereby found to be benefited by the proposed current services in the
amount of assessment levied against it.
Such assessment shall be payable before or during 2000 and shall bear interest at the rate of
eight percent from the date of adoption of this assessment resolution.
The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property to the
City's Finance Division and may, at any time thereafter, pay to the City's Finance Division the
entire amount of the assessment remaining unpaid, with interest accrued to December 31 of
the year in which payment is made. Such payment must be made before November 15 or
interest will be charged through December 31 of the succeeding year.
The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the
County Auditor to be extended on the proper tax lists of the County and such assessment
shall be collected and paid over in the same manner in other municipal taxes.
Passed by the City Council of the City of Richfield, Minnesota, this 14th day of August 2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
• • i
ASSESSMENT ROLL
77TH STREET MAINTENANCE 1999
LevylD PIN Name oName2 Address CITYStZip Amount
14884 3302824430009 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W ST. PAUL MN 55114 $1,736.32
14884 3302824430010 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST. PAUL MN 55114 $1,981.36
14884 3302824430019 MN SCHOOL OF BUSINESS INC 1401 WEST 76TH STREET RICHFIELD MN 55423 $2,761.03
14884 3302824430049 OTR 275 BROAD STREET COLUMBUS OH 43215- $4,218.51
14884 3302824430050 OTR %STATE TCHRS RTRMNT S 275 BROAD STREETE COLUMBUS OH 43215 $4,616.61
14884 3302824440025 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $1,399.20
14884 3302824440026 CSM INVESTORS INC 2575 UNIVERSITY AVENUE W 150 ST. PAUL MN 55114 $138.85
14884 3302824440027 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $615.22
14884 3302824440028 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $1,206.52
14884 3302824440036 CHAMPION AUTO STORES, INC 5520 N COUNTY ROAD 18 MINNEAPOLIS MN 55428 $279.84
14884 3302824440037 RAYMOND F SAVATZKE 13130 80TH STREETSO HASTINGS 55033 MN 55033- $229.47
9407
14884 3302824440038 PATRICK O'BRIEN MARSHA 9629 WYOMING CIR BLOOMINGTON MN 55438 $229.47
O'BRIEN
14884 3302824440039 ELLIOT WOLSON 7620 LYNDALE AVENUE SOUTH RICHFIELD MN 55423 $229.47
14884 3302824440040 SEASONAL CONTROL COMPANY ROBERT R 7620 LYNDALE AVENUE S RICHFIELD MN 55423 $115.17
GORDON
14884 3302824440041 ACTION EMPLOYMENT INC 6519 NICOLLET AVENUE SO RICHFIELD MN 55423 $55.96
14884 3302824440042 BEVERLY GORDON BLANCH 7620 LYNDALE AVENUE SO RICHFIELD MN 55423 $57.58
GREGG
14884 3302824440043 ROBERT EHRMAN 19401 RIDGELAND DRIVE MIAMIORIDA FL 33157 $98.59
14884 3302824440044 ROBERT EHRMAN 19401 RIDGELAND DRIVE MIAMIORIDA FL 33157 $93.26
14884 3302824440045 GEORGE ROONEY MADELYN 7207 GLUCHESTER DRIVE EDINA MN 55435 $56.18
ROONEY
14884 3302824440046 ROBERT R LURTSEMA 7644 LYNDALE AVENUE SOUTH RICHFIELD MN 55423 $61.80
14884 3302824440073 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $181.57
14884 3302824440074 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $181.57
14884 3302824440075 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL 55 MN 55114- $181.57
14884 3302824440076 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $181.57
14884 3302824440077 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $143.44
14884 3302824440078 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $224.42
14884 3302824440080 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $543.61
14884 3302824440081 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $587.28
14884 3302824440082 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $144.53
14884 3302824440083 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $144.17
Public Hearing August 14, 2000
0 0 0
ASSESSMENT ROLL
77TH STREET MAINTENANCE 1999
14884 3302824440084 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $181.57
14884 3302824440085 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $107.13
14884 3302824440086 CSM INVESTORS INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $90.78
14884 3302824440087 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $346.81
14884 3302824440088 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W ST PAUL MN 55114 $598.67
14884 3302824440089 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $940.56
14884 3302824440090 CITY OF RICHFIELD/LIQUOR 6700 PORTLAND AVENUE S RICHFIELD MN 55423 $474.27
14884 3302824440091 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $183.39
14884 3302824440092 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W ST PAUL MN 55114 $88.97
14884 3302824440093 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $90.78
14884 3302824440094 CSM INVESTORS, INC 2575 UNIVESITY AVENUE W 150 ST PAUL MN 55114 $167.05
14884 3302824440095 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $143.55
14884 3302824440096 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $346.48
14884 3302824440097 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $204.94
14884 3302824440099 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $388.89
14884 3302824440100 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $306.45
14884 3302824440101 CSM INVESTORS, INC 2575 UNIVERSITY AVENUE W 150 ST PAUL MN 55114 $207.29
14884 3402824210004 CP RAIL SYSTEM 501 MARQUETTE AVENUE #804 MINNEAPOLIS. MN 55402- $576.77
14884 3402824330003 ROBERT F ADELMANN 22553 DENMARK AVE FARMINGTON MN 55024 $1,281.97
14884 3402824330004 RICHARD A LAMETTRY JOANNE M 500 W 78TH STREET MINNEAPOLIS MN 55423 $720.96
LAMETTRY
14884 3402824330005 M O'CONNELL 7724 HARRIET AVENUE SOUTH RICHFIELD MN 55423 $126.89
14884 3402824330006 RICHARD A LAMETTRY 500 WEST 78TH STREET RICHFIELD MN 55423 $446.99
14884 3402824330007 THOMAS I WOOD 400 W 78TH STREET RICHFIELD MN 55423 $129.29
14884 3402824330073 CITY OF RICHFIELD/HRD 6700 PORTLAND AVENUE SO RICHFIELD MN 55423 $298.81
14884 3402824330074 FRED S RYAN 20 WEST PT DRIVE TONKA BAY MN 55331 $199.30
14884 3402824330077 WW PROPERTIES %ELLIOT 7609 LYNDALE AVENUE SOUTH RICHFIELD MN 55423 $398.93
WOLSON
14884 3402824330078 KEITH JAMES 7601 LYNDALE AVENUE SOUTH RICHFIELD MN 55423 $191.48
14884 3402824330080 RICHFIELD-BLMGTN HONDA 400 WEST 78TH STREET RICHFIELD MN 55423 $3,195.72
14884 3402824330081 RICHFIELD HOTEL ASSOC L P 2001 KILLEBREW DRIVE #308 BLOOMINGTON MN 55420 $1,524.53
14884 3402824330082 RICHFIELD HOTEL ASSOC L P 2001 KILLEBREW DRIVE #308 BLOOMINGTON MN 55420 $197.96
14884 3402824330084 ELLIOT WOLSON 7617 LYNDALE AVENUE SOUTH RICHFIELD MN 55423 $398.61
14884 3402824330087 CITY OF RICHFIELD/HRA 6700 PORTLAND AVENUE S RICHFIELD MN 55423 $1,076.15
14884 3402824330088 HPT CW II PROP TRUST 400 CENTRE STREET(J MURRAY) NEWTON MA MA 02458 $2,178.27
14884 3402824340001 SHERWIN-WILLIAMS DEV CORP 84 WEST 78TH STREET RICHFIELD MN 55423 $258.00
Public Hearing August 14, 2000
s •
ASSESSMENT ROLL
77TH STREE T MAINTENANCE 1999
14884 3402824340052 CITY OF RICHFIELD 6700 PORTLAND AVENUE SO RICHFIELD MN 55423 $876.75
14884 3402824340053 TWO S. PROPERTIES, INC. 601 CARLSON PKWY #350 MINNETONKA MN 55305 $1,864.57
14884 3402824340054 HOWARD NELSON PAMELA 7700 WENTWORTH AVENUE RICHFIELD MN 55423 $429.37
NELSON SOUTH
14884 3402824340055 HILMER M HOVELSON 7240 GRAND AVENUE SO RICHFIELD MN 55423 $430.33
14884 3402824340056 VIKING PAINTS 100 WEST 78TH STREET RICHFIELD MN 55423 $444.58
14884 3402824340057 VIKING PAINTS, INC 100 W 78TH STREET RICHFIELD MN 55423 $672.60
14884 3402824340058 RICHARD WILLIAMS 7225 W 132ND AVE APPLE VALLEY MN 55124 $114.75
14884 3402824340059 ROBERT A GEORGE 6944 LOGAN AVENUE SO RICHFIELD MN 55423 $100.41
14884 3402824340060 KAY L CAROLAN 13017 YOSEMITE AVE SAVAGE MN 55378 $215.45
14884 3402824340061 CARL M CARLSON 7701 PILLSBURY AVENUE SOUTH RICHFIELD MN 55423 $215.45
14884 3402824340065 NICOLLET EMBERS, INC 1664 UNIVERSITY AVE ST PAUL MN 55104 $398.82
14884 3402824340066 SUPER AMERICA STATNS INC 7720 NICOLLET AVENUE SOUTH RICHFIELD MN 55423 $366.72
14884 3402824430004 ROBERT R LURTSEMA 16920 JUDICIAL ROAD LAKEVILLE MN 55044 $181.57
14884 3402824430005 RALEIGH P NELSON 1 HILL FARM CT ST PAUL MN 55127 $860.35
14884 3402824430006 LUTHERAN BROTHERHOOD ATTN INVEST 625 4TH AVENUE SOUTH MINNEAPOLIS MN 55415 $6,578.41
DIV
14884 3402824430007 CONSUL CORP 10200 LINN STREET ATION ROAD LOUISVILLE KY 40223-3841 $2,243.00
14884 3402824440006 ELSEN BROTHERS INC 7730 PORTLAND AVENUE SO RICHFIELD MN 55423 $323.14
14884 3402824440007 D B R INC 7730 PORTLAND AVENUE SOUTH RICHFIELD MN 55423 $493.74
14884 3402824440023 A G BOGEN CO 5930 PORTLAND AVENUE SO MINNEAPOLIS MN 55417 $570.36
14884 3402824440024 TBG, LLC 7708 5TH AVENUE S RICHFIELD MN 55423 $216.28
14884 3402824440025 GARY WIBERG 7714 5TH AVENUE SOUTH RICHFIELD MN 55423 $214.68
14884 3402824440027 A G BOGEN 5930 PORTLAND AVENUE SO MINNEAPOLIS. MN 55417 $285.39
14884 3402824440028 RICHFIELD WHEEL ALIGNMENT RONALD 415 EAST 77TH STREET RICHFIELD MN 55423 $217.57
HESSE ETAL
14884 3402824440029 BLAYLOCK PLUMBING CO 7731 4TH AVENUE SOUTH RICHFIELD MN 55423 $439.54
14884 3402824440030 RICHFIELD BLOOMINGTON CRE 345 EAST 77TH STREET RICHFIELD MN 55423 $341.08
14884 3402824440031 FRANCHISE ASSOCIATES INC 5401 GAMBLE DRIVE #204 ST LOUIS PARK MN 55416 $650.62
14884 3402824440032 RICHFIELD-BLOOMINGTON CU 345 EAST 77TH STREET RICHFIELD MN 55423 $796.58
14884 3502824330006 DAR LAO DANY LAO 7701 PORTLAND AVENUE SOUTH RICHFIELD MN 55423 $479.30
14884 3502824330007 UNICARE HOMES, INC 105 W MICHIGAN STREET MILWAUKEE WI WI 53203 $631.24
14884 3502824330008 SINCLAIR OIL CORP BILL DAVIS 7733 PORTLAND AVENUE SOUTH RICHFIELD MN 55423 $694.26
14884 3502824330009 IRENE C MAGNUSON 6134 PARK AVENUE SO MINNEAPOLIS. MN 55417 $547.93
14884 3502824340002 PHILLIPS 66 COMPANY 1120 EAST 78TH STREET RICHFIELD MN 55423 $533.51
14884 3502824430006 A G BOGEN CO 5930 PORTLAND AVENUE SO MINNEAPOLIS. MN 55417 $882.16
Public Hearing August 14, 2000
L
0 • i
ASSESSMENT ROLL
77TH STREET MAINTENANCE 1999
14884 3502824430008 HERITAGE INN OF AMES INC
14884 3502824430073 A G BOGEN "
14884 3502824430074 A G BOGEN COMPANY
14884 3502824430076 GROUND ROUND INC
14884 3502824440004 MOTEL 6 #1106
14884 3502824440006 ROMAN R ROOS
1134 WESTRAC DRIVE
5930 PORTLAND AVENUE S
5930 PORTLAND AVENUE SO
1500 EAST 78TH STREET
14651 DALLAS PKY #500
JUEL 11200 W 78TH STREET
CASPERSEN
FARGO ND 58103
MINNEAPOLIS MN 55417
MINNEAPOLIS MN 55417
RICHFIELD MN 55423
DALLAS TX TX 75240
EDEN PRAIRIE MN 55344
$1,137.52
$309.74
$1,028.04
$1,249.67
$1,198.40
$782.91
14884 3502824440007 JERRY E MATHWIG 1620 E 78TH STREET
14884 3502824440008 JERRY MATHWIG 9031 AVILA CR
14884 3502824440009 CLAREL CORP STADIUM OFF %BRENTWOO 6600 CITY WEST PKWY #130
D COMM
REALEST
14884 3502824440010 OLIN-MATHWIG LLC
9031 AVILA COVE
RICHFIELD MN 55423 $970.90
EDEN PRAIRIE MN 55347 $1,158.19
EDEN PRAIRIE MN 55344 $753.00
EDEN PRAIRIE MN 55347 $3,012.93
Public Hearing August 14, 2000
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM # 4B
REPORT # 203
0 .'M STAFF REPORT
CITY COUNCIL MEETING
AUGUST 149 2000
REPORT PREPARED BY: RANDY HUGHES, OPERATIONS
COORDINATOR
NAME, TITLE
REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: &Zak
SIGITURE
REVIEWED BY CITY MANAGER: Il
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding adoption of the special assessment roll for Lyndale/HUB/Nicollet
(LHN) Maintenance for the period January 1, 1999 through December 31, 1999
1. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: adopt the
resolution adopting the assessment for Lyndale/HUB/Nicollet (LHN)
Maintenance for the period January 1 through December 31, 1999.
II. BACKGROUND I
The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover
extraordinary maintenance expenses in the (66th Street/Lyndale/Nicollet) area. The LHN
Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th Street
and Emerson Avenue. City staff has determined costs of current services to be assessed
for the 1999 maintenance of the LHN redevelopment area.
The current maintenance services for 1999 included, but were not necessarily limited to,
one or more of the following including labor, equipment and materials.
1. Landscape maintenance of common properties, including mowing, fertilizing, and
edging;
2. Irrigation maintenance;
3. Trash removal and general maintenance.
0814PH99LHN
•
III.
BASIS OF RECOMMENDATION
A. POLICY
Council ordered the work, and the work is done.
The City Council has scheduled a public hearing to be held August 14, 2000
on the assessment for the cost of current maintenance services performed
in the LHN redevelopment area for the period January 1 through December
31, 1999. City staff has calculated the proper amounts to be assessed
against every assessable lot, piece or parcel of land specially benefited.
The proposed assessment was properly filed with the City Clerk, notice was
duly published, and notices were mailed to the owner of each parcel
described in the assessment roll.
B. CRITICAL ISSUES
On or before September 1 of each year, the City shall list the total unpaid
charges for current services against each separate lot or parcel to which
they are attributable under section 825 of the City Code.
•
C. FINANCIAL
• Total cost for 1999 LHN maintenance services is $47,470.80.
• City ordinance provides that special assessments for current services may
be certified to the County Auditor for collection along with taxes. It is the
staff recommendation that such payments be due and payable within the
first year, rather than in installments. The City has the right to charge
interest on the amount assessed in that the City provided the initial funds for
the services. It is also staff's recommendation that the interest rate be
established as eight percent (8%). Payment may be made by the assessed
owner before November 15, 2000 in order to avoid interest payments.
Payments made after that date would include the interest payment.
D. LEGAL
No legal issues are apparent at this time. The City Attorney will be in
attendance at the Council meeting should a legal question arise.
IIV
ALTERNATIVE RECOMMENDATION(S)
The Council may make changes as deemed necessary in the assessment roll as a
result of the public hearing by adding the phrase "and has amended such proposed
assessment as it deems just."
IV
ATTACHMENTS
Resolution adopting assessment on LHN maintenance for January 1, 1999 through
December 31, 1999.
The assessment roll.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• City staff has been available during business hours and at City Hall immediately
prior to the public hearing to answer questions and concerns of property owners
regarding the 1999 special assessment. City staff is not aware of any major issue
or concern that has not been addressed by staff.
RESOLUTION NO.
• RESOLUTION ADOPTING ASSESSMENT FOR
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD
JANUARY 1 THROUGH DECEMBER 31, 1999
WHEREAS, pursuant to proper notice duly given as required by law, the Council
has met and passed upon all objections to the proposed assessment for current services
related to maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment Area, which is
approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in
the City of Richfield.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:.
Such proposed assessment roll, in the total amount of $47,470.80, is hereby accepted and
shall constitute the special assessment against the lands named therein, and each tract of
land therein included is hereby found to be benefited by the proposed current services in
the amount of assessment levied against it.
Such assessment shall be payable before or during 2000 and shall bear interest at the rate
of eight percent (8%) from the date of adoption of this assessment resolution.
The owner of any property so assessed may, at any time prior to certification of the
• assessment to the County Auditor, pay the whole of the assessment on such property to
the City's Finance Division, and may, at any time thereafter, pay to the City's Finance
Division the entire arnount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the succeeding year.
The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the
County Auditor to be extended on the proper tax lists of the County and such assessment
shall be collected and paid over in the same manner as other municipal taxes.
Passed by the City Council of the City of Richfield, Minnesota, this 14th day of
August, 2000.
Martin J. Kirsch, Mayor
ATTEST:
0 Thomas P. Ferber, City Clerk
LevylD PIN Name
14883 2702824130001 FIRST MINNESOTA
14883 2702824130052
14883 2702824130053
14883 2702824130059
14883 2702824130060
14883 2702824130061
14883 2702824130062
14883 2702824130063
14883 2702824130064
14883 2702824130065
14883 2702824130066
HUYEN NGUYEN/YEN BUI
STOREFRONT/YOUTH
ACTION
RICHFIELD SHOPPES
DEVELOPMENT
RICHFIELD SHOPPES
DEVELOPMENT
RICHFIELD SHOPPES
DEVELOPMENT
RICHFIELD SHOPPES
DEVELOPMENT
RICHFIELD SHOPPES
DEVELOPMENT
RICHFIELD SHOPPES
DEVELOPMENT
RICHFIELD SHOPPES
DEVELOPMENT
RICHFIELD SHOPPES
DEVELOPMENT
14883 2702824130067 RICHFIELD SHOPPES
DEVELOPMENT
14883 2702824130114
14883 2702824130115
14883 2702824230010
14883 2702824230064
14883 2702824230074
14883 2702824230079
14883 2702824230082
RICHFIELD SHOPPES
DEVELOPMENT
MICHAEL NIELSEN
MARK AHLQUIST
TIMOTHY R DUOOS
MARK AHLQUIST
LAWRENCE KADISH C/O K-
MAR
U S WEST INCORPORATED
14883 2702824230084
14883 2702824230085
WOODLAKE VET HOSPITAL
WOODLAKE CLEANING
CENTER
ASSESSMENT ROLL
199 9 LHN MAINTENANCE
oName2 Address CITYStZip Amount
2329 CENTRAL AVENUE NORTH EAST MINNEAPOLIS. MN $658.40
55479
6401 NICOLLET AVENUE SOUTH RICHFIELD MN 55423 $223.12
6425 NICOLLET AVENUE SOUTH RICHFIELD MN 55423 $484.53
750 PENNSYLVANIA AVENUE #200 MINNEAPOLIS. MN $530.84
55426-1629
750 PENNSYLVANIA AVENUE #200 MINNEAPOLIS. MN $401.89
55426-1629
750 PENNSYLVANIA AVENUE #200 MINNEAPOLIS. MN $0.29
55426-1629
750 PENNSYLVANIA AVENUE #200 MINNEAPOLIS. MN $145.08
55426-1629
750 PENNSYLVANIA AVENUE #200 MINNEAPOLIS. MN $165.81
55426-1629
750 PENNSYLVANIA AVENUE #200 MINNEAPOLIS. MN $331.77
55426-1629
750 PENNSYLVANIA AVENUE #200 MINNEAPOLIS. MN $248.46
55426-1629
C/O 750 PENNSYLVANIA AVENUE #200 MINNEAPOLIS. MN $248.67
MIDWEST 55426-1629
MANAGEME
NT INC
% MIDWEST 750 PENNSYYVANIA AVENUE #200 MINNEAPOLIS. MN $189.84
MANAGEME 55426-1629
NT INC
750 PENNSYLVANIA AVENUE #200 MINNEAPOLIS. MN $67.59
55426-1629
16 EAST 66TH STREET RICHFIELD MN 55423 $57.44
6449 LYNDALE AVENUE SOUTH RICHFIELD MN 55423 $503.56
1325 SHORELINE DRIVE WAYSATA MN 55391 $467.01
6449 LYNDALE AVENUE SOUTH RICHFIELD MN 55423 $695.40
6501 LYNDALE AVENUE SOUTH RICHFIELD MN 55423 $3,562.37
1005 17TH STREET#1570 DENVERLORADO CO $2,052.19
80202
6436 LYNDALE AVENUE SOUTH RICHFIELD MN 55423 $133.61
6438 LYNDALE AVENUE SOUTH RICHFIELD MN 55423 $100.10
Public Hearing August 14, 2000
ASSESSMENT ROLL
1999 LHN MAINTENANCE
14883 2702824230086 WOODLAKE CLEANING CTR
14883 2702824230087 CITY OF RICHFIELD-
FINANCE
14883 2702824230088 CITY OF RICHFIELD-
FINANCE
14883 2702824230090 WENDYS #131 C/O
GORDON
STROM
14883 2702824230092 WOODLAKE PLAZA
PARTNERSHIP
14883 2702824230105 MARKET PLAZA
COMMERCIAL LTD
14883 2702824230106 MARKET PLAZA
COMMERCIAL LTD
14883 2702824230107 MARKET PLAZA
COMMERCIAL LTD
14883 2702824240040 JANICE O FREDERICK
14883 2702824240041 LNS RE PARTNERSHIP
14883 2702824240054 LNS REAL ESTATE
PARTNERSH
14883 2702824240057 RICHFLD MEDICAL BLDG
PRT
14883 2702824240060 FIRST WESTERN BANK
14883 2702824240061 BRADLEY REAL ESTATE
INC
14883 2702824240063 KFC NATIONAL MGMT CO
14883 2702824240064 BRADLEY REAL ESTATE
INC
14883 2702824320005 FAIRWOOD SHOREW
REALTY CO
14883 2702824320006 TRIPLE S INVESTMENT-
R.SHALLER
14883 2702824320115 LYNDALE HARDWARE
COMPANY
14883 2702824320117 CITY OF RICHFIELD/HRA
14883 2702824320126 PAUL J ZILKA
14883 2702824320127 RICHFIELD STATE AGENCY
INC/STEVE KIRCHNER
6440 LYNDALE AVENUE SOUTH
6700 PORTLAND AVENUE SOUTH
6700 PORTLAND AVENUE SOUTH
6617 HUMBOLDT AVENUE SO
1433 UTICA AVENUE SOUTH #120
3663 PARK CENTER BOULEVARD
PARTNERSHI 3663 PARK CENTER BOULEVARD
P C/O G&P
PROPERTIES
PARTNERSHI 3663 PARK CENTER BOULEVARD
P C/O G&P
PROPERTIES
6410 NICOLLET AVENUE SO
LEE NELSON 6420 NICOLLET AVENUE SO
ATTN LEE 6420 NICOLLET AVENUE SOUTH
NELSON
6440 NICOLLET AVENUE SOUTH
6500 NICOLLET AVENUE SOUTH
40 SKOKIE BOULEVARD #600
1441 GARDNER LANE
40 SKOKIE BOULEVARD #600
6630 LYNDALE AVENUE SOUTH
2300 PILOT KNOB ROAD
6616 LYNDALE AVENUE SOUTH
6700 PORTLAND AVENUE SOUTH
ANN ZILKA 6701 LYNDALE AVENUE SOUTH
6625 LYNDALE AVENUE SOUTH
RICHFIELD MN 55423
RICHFIELD MN 55423
RICHFIELD MN 55423
RICHFIELD MN 55423
ST LOUIS PARK MN
55416
ST LOUIS PARK MN
55416
ST LOUIS PARK MN
55416
ST LOUIS PARK MN
55416
RICHFIELD MN 55423
RICHFIELD MN 55423
RICHFIELD MN 55423
RICHFIELD MN 55423
RICHFIELD MN 55423
NORTHBROOK IL
60062
LOUISVILLE KY 40213
NORTHBROOK IL
60062
RICHFIELD MN 55423
MENDOTA HEIGHTS
MN 55120
RICHFIELD MN 55423
RICHFIELD MN 55423
RICHFIELD MN 55423
RICHFIELD MN 55423-
Public Hearing August 14, 2000
? s
ASSESSMENT ROLL
1999 LHN MAINTENANCE
14883 2702824320128 RICHFIELD STATE AGENCY 6625 LYNDALE AVENUE SOUTH
INC/STEVE KIRCHNER
14883 2702824320129 RICHFIELD STATE 6625 LYNDALE AVENUE SOUTH
AGENCY/STEVE KIRCHNER
14883 2702824320130 RICHFIELD STATE AGENCY 400 WEST 67TH STREET
INC/STEVE KIRCHNER
14883 2702824320132 RICHFIELD ST ATE AGENCY 67TH STREET WEST & LYNDALE AVENUE
INC/STEVE KIRCHNER SOUTH
14883 2702824320133 RICHFIELD STATE AGENCY 6625 LYNDALE AVENUE SOUTH
INC/STEVE KIRCHNER
14883 2702824420078 RICHFIELD SHOPPES DEV %MIDWEST 750 PENNSYLVANIA AVENUE #200
MGMT, INC
14883 2802824110002 ROY E PETERSON
14883 2802824110080 TIMOTHY DUOOS
14883 2802824140010 CITY REALTY, INC
14883 2802824140011 UNITED STATES POSTAL
SERV
14883 2802824410039 SUPER AMERICA STATIONS
5553 70TH STREETW
1325 SHORELINE DRIVE
5402 PARKDALE DRIVE #200
6800 WEST 64TH STREET#100
826 WEST 66TH STREET
RICHFIELD MN 55423- $2,156.09
RICHFIELD MN 55423- $633.89
RICHFIELD MN 55423 $1,040.85
RICHFIELD MN 55423 $160.76
RICHFIELD MN 55423- $423.34
MINNEAPOLIS. MN $1,253.18
55426-1629
EDINA MN 55439 $322.31
WAYZATA MN MN $4,506.71
55391
ST LOUIS PARK MN $859.29
55416
OVERLAND PARK KS $434.13
66202
RICHFIELD MN 55423 $646.65
Public Hearing August 14, 2000
•
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM # 4A
REPORT # 202
=099A STAFF REPORT
CITY COUNCIL MEETING
AUGUST 149 2000
REPORT PREPARED BY: RANDY HUGHES, OPERATIONS
COORDINATOR
NAME, TITLE
REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR
NAME, TITLE
9
•
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER: ID/
IRE
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding adoption of the special assessment roll for removal of diseased trees
from private property for the period January 1, 1999 through December 31, 1999
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: adopt the
resolution adopting the assessment for removal of diseased trees
from private property for the period January 1 through December 31,
1999.
II. BACKGROUND
In the period from January 1, 1999 through December 31, 1999, 27 property owners chose
to use the City's contractor and requested that the cost of the tree removal be assessed
against their property tax (a 28th property owner used the City contractor but made
payment before year end 1999). After the Council scheduled the public hearing, one
property owner made payment for the work done in 1999. Twenty-six properties remain on
the assessment roll.
III. BASIS OF RECOMMENDATION
A. POLICY
• The work has been done with prior approval from the affected residents.
0814Tree99PH
• City staff has calculated the proper amounts to be assessed against every
assessable lot, piece or parcel of land specially benefited. The proposed
assessment was properly filed with the City Clerk, notice was duly published
and notices were mailed to the owner of each parcel described in the
assessment roll.
B. CRITICAL ISSUES
On or before September 1 of each year, the City shall list the total unpaid
charges for current services against each separate lot or parcel to which
they are attributable under section 825 of the City Code.
C. FINANCIAL
The costs to be assessed for the removal of diseased trees on private
property for the period January 1, 1999 through December 31, 1999 have
been determined to be $21,527.35.
• City ordinance provides that special assessments for current services may
be certified to the County Auditor for collection along with taxes. This
certification may provide that the assessments be completely paid in the first
year or in annual installments. As in prior years of the program to remove
diseased trees from private property, it is recommended such payments be
due and payable over a three-year period.
• The adopted assessment roll for the period January 1, 1999 through
December 31, 1999 would be certified with the County Auditor by the end of
October, 2000. The City has the right to charge interest on the amount
assessed in that the City provided the funds for the initial expense. As in
prior years of the program, it is recommended that the interest rate be
established at eight percent, the maximum allowed by State Law.
D. LEGAL
• No legal issues are apparent at this time. The City Attorney will be in
attendance at the Council meeting should a legal question arise.
IV. ALTERNATIVE RECOMMENDATION(S) I
• Council may make any changes deemed necessary in the assessment roll as a
result of the hearing by adding the phrase, "and has amended such proposed
assessment as it deems just."
' V. ATTACHMENTS
• Resolution adopting assessment for removal of diseased trees on private property
for the period January 1, 1999 through December 31, 1999.
• The assessment roll.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• City staff has been available during business hours and at City Hall immediately
prior to the public hearing to answer questions and concerns of property owners
regarding the 1999 special assessment. City staff is not aware of any major issue
or concern that has not been addressed. by staff.
r
RESOLUTION NO.
RESOLUTION ADOPTING ASSESSMENT
ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
FOR THE PERIOD OF JANUARY 1, 1999 THROUGH DECEMBER 31, 1999
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and passed upon all objections to the proposed assessment for current
services related to removal of diseased trees from the following private property in the
City of Richfield:
Property Address Property Identification Number
Across from 6304 West Pleasant Avenue 27-028-24-21-0095
6441 Bloomington Avenue 26-028-24-14-0087
6814 Humboldt Avenue 28-028-24-34-0096
6300 Irving Avenue 28-028-24-21-0125
7006 Logan Avenue 33-028-24-22-0006
7445 Thomas Avenue 32-028-24-41-0017
6604 Irving Avenue 28-028-24-31-0018
7109 Penn Avenue 33-028-24-22-0126
6812 Emerson Avenue 28-028-24-42-0090
6817 Queen Avenue 29-028-24-44-0013
7315 Pillsbury Avenue 34-028-24-24-0086
6838 Penn Avenue 29-028-24-44-0003
7213 James Avenue 33-028-24-24-0004
6718 Third Avenue 27-028-24-42-0120
7200 Morgan Avenue 33-028-24-23-0031
6629 Washburn Avenue 29-028-24-42-0153
6924-14th Avenue 26-028-24-43-0068
6208 James Avenue 28-028-24-21-0120
6445 First Avenue 27-028-24-13-0043
6404 Humboldt Avenue 28-028-24-24-0002
6431 Logan Avenue 28-028-24-24-0073
7608 Nicollet Avenue 34-028-24-34-0003
6409-18th Avenue 26-028-24-14-0069
7232 Morgan Avenue 33-028-24-23-0036
6408 Grand Avenue 27-028-24-23-0044
7539 Washburn Avenue 32-028-24-42-0106
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Hennepin County, Minnesota, as follows:
1. Such proposed assessment roll, in the amount of $21,527.35, is hereby
accepted and shall constitute the special assessment against the lands named herein,
and each tract of land therein included is hereby found to be benefited by the proposed
current services in the amount of the assessment levied against it.
2. Such assessment shall be payable in no more than three annual
installments and shall bear interest at the rate of eight percent from the date of adoption
of this assessment resolution.
. 3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the County Auditor, pay the whole of the assessment
on such property to the City's Assessing Division, and he may at any time thereafter,
pay to the City's Assessing Division the entire amount of the assessment remaining
unpaid, with interest accrued to December 31 of the year in which such payment is
made. Such payment must be made before November 15 or interest will be charged
through December 31 of the next succeeding year.
4. The City Clerk shall forthwith transmit a certified duplicate of this
assessment roll to the County Auditor to be extended on the property tax lists of the
County and such assessments shall be collected and paid over in the. same manner as
other municipal taxes.
Passed by the City Council of the City of Richfield, Minnesota this 14th day of
August, 2000.
•
ATTEST:
Thomas P. Ferber, City Clerk
Martin J. Kirsch, Mayor
ASSESSMENT ROLL
1999 REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
PID
27-02824-21-0095
26-02824-14-0087
28-02824-34-0096
28-02824-21-0125
33-02824-22-0006
32-02824-41-0017
28-02824-31-0018
33-02824-22-0126
28-02824-42-0090
29-02824-44-0013
34-02824-24-0086
29-02824-44-0003
33-02824-24-0004
27-02824-42-0120
33-02824-23-0031
29-02824-42-0153
26-02824-43-0068
28-02824-21-0120
02824-13-0043
1-02824-24-0002
28-02824-24-0073
34-02824-34-0003
26-02824-14-0069
33-02824-23-0036
27-02824-23-0044
32-02824-42-0106
NAME
C.P. Rail System-
James Hugo
Judith Westmiller
Janet Kitui
James Melsson
Vivian Ryan
George Mayer
William Fagerstrom
Ronald Doll
Milo Haglof
Dean Springer
Kenneth Gjerald
Doug Cochran
Steve Mitchell
Daniel Duerr
David Boedeker
Ken Stack
Lucille Pinkley
Paul Seaman
Norman Erickson
Brian Carlson
Linda Carlson
Colleen Tykwinski
Gary Deck
Doug Mostrom
Glenn Reichow
Richard Blevins
ADDRESS
1997 Sloan Place #17
6441 Bloomington Avenue
6814 Humboldt Avenue
6300 Irving Ave So.
7006 Logan Avenue
7445 Thomas Avenue
6604 Irving Ave So
7109 Penn Ave So
6812 Emerson Lane.
6813 Queen Ave So
7315 Pillsbury Ave
6838 Penn Ave So
7213 James Ave So
6718 Third Ave So
7200 Morgan Ave So
6629 Washburn Ave
6924-14th Ave So
6208 James Ave So
6445 First Ave So
6404 Humboldt Ave
643.1 Logan Ave So
7608 Nicollet Ave So
6409-18th Ave So
7232 Morgan Ave So
6408 Grand Ave So
7539 Washburn Ave
CITYSTZIP AMOUNT
St. Paul, MN 55117 540.00
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
Richfield, MN
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
55423
1,275.00
850.00
1,000.00
900.00
735.00
450.00
900.00
600.00
1,275.00
850.00
1,000.00
1,230.00
600.00
400.00
1,469.20
628.35
979.80
450.00
1,275.00
850.00
730.00
125.00
640.00
1,275.00
500.00
0
Public Hearing August 14, 2000
AGENDA SECTION:
AGENDA ITEM #
REPORT #
J
REPORT PREPARED BY:
KATIA MEDVETSKI,
REDEVELOPMENT SPECIALIST
CONSENT
30
201
NAME, TITLE
REPORT PRESENTER:
STAFF REPORT
COUNCIL MEETING:
AUGUST 14, 2000
ACTING DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY MANAGER:
BRUCE PALMBORG,
COMMUNITY DEVELOPMENT DIRECTOR
NAME TITLE
Er
' ` SIGNATURE
ITEM FOR COUNCIL CONSIDERATION: W
Consideration of approval of nine (9) Professional Services Agreements for the Cedar Avenue
Airport Noise Mitigation Area Project.
1. RECOMMENDED ACTION:
By Motion: Approve execution of nine (9) Professional Services
Agreements for the Cedar Avenue Airport Noise Mitigation Area
Project.
III. BACKGROUND
The City Council and HRA held a study session on June 29, 2000 to discuss a draft
plan for spending a $5 million legislative grant in the airport noise mitigation area.
Since then, staff and legal counsel has met with appraisal consultants and an
acquisition/relocation consultant for the project. Fee quotes have been provided by
all consultants identified to date so that the City may enter into contracts for
appraisal work and acquisition/relocation work. Additional detail is provided in the
following table:
l
0814psaMIG
Consultant.
0
BCL Appraisals, Inc.
Bettendorf, Rohrer, Knoche, Wall, Inc.
Forsythe Appraisals, Inc.
Newcombe, Hansen, Hempler, Inc.
Meeks Appraisal & Consulting, Inc.
McKinzie Metro Appraisal
Lyle H. Nagell Co., Inc.
Donald Hennessy
Conworth, Inc.
Type of Service Fee
Real Estate Appraisals $1,875
Real Estate Appraisals 1 $2,500
Real Estate Appraisals 1 $1,400
I Real Estate Appraisals 1 $2,000
1 Real Estate Appraisals $1,800
1 Real Estate Appraisals $1,900
1 Real Estate Appraisals $1,500
1 Review Appraisals $5,100
Acquisition, Negotiation, $126,750
and Relocation Services
Total $144,825
All of the appraisers listed above have either worked with the City previously or
were recommended by legal counsel. Conworth's work will be an extension of the
services it is providing to the City for the 66th Street / TH 77 Interchange Project
and 77th Street, Phase III, Underpass Project. All of these firms meet Minnesota
Department of Transportation standards.
III. BASIS OF RECOMMENDATION
A. POLICY
•
• Entering into Professional Services Agreements with consultants is a
standard operating procedure for projects that involve state and
federal funding.
B. CRITICAL ISSUES
• Title and possession to properties is necessary by December 31,
2000.
• Multiple contractors are identified to perform specific services at
specific properties within the narrow time frames that have been
prescribed by the legislature.
C. FINANCIAL
The City is expected to receive the funding for the project through a
grant with the Minnesota Department of Trade and Economic
Development sometime in October, 2000.
D. LEGAL
• The City's legal counsel has reviewed and approved the Professional
Service Agreements being used for the project.
E. TIMING
• The goal is to begin the acquisition process this month, beginning with
appraisal work, so that title and possession is possible by December 31,
2000.
IV. ALTERNATIVE RECOMMENDATION(S)
• Delay approval of the Professional Service Agreements until the funding is
secured.
• Do not approve the Professional Service Agreements for the chosen
consultants.
V. ATTACHMENTS
• Attachment 1, Professional Service Agreement - BCL
• Attachment 2, Professional Service Agreement - Betterndorf, Rohrer,
Knoche, Wall
• Attachment 3, Professional Service Agreement - Forsythe
• Attachment 4, .Professional Service. Agreement - Newcombe, Hansen,
Hempler
• Attachment 5, Professional Service Agreement - Meeks
• Attachment 6, Professional Service Agreement - McKinzie Metro
• Attachment 7, Professional Service Agreement -Lyle Nagel[ H Co.
• Attachment 8, Professional Service Agreement - Hennessy
• Attachment 9, Professional Service Agreement - Conworth
VI. PRINCIPAL PARTIES EXPECTED AT
MEETING
• NA
0
Attachment 1
REAL ESTATE APPRAISAL
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into by and between the City of Richfield,
State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423,
ATTN: Katia Medvetski), hereinafter referred to as the "City" and BCL Appraisals, Inc., (whose
address is 2852 Anthony Lane South, Minneapolis, MN 55418, ATTN: Ron Lachenmayer),
hereinafter referred to as "Appraiser".
WITNESSETH:
WHEREAS, the City wishes to purchase the services of the Appraiser for the Cedar
Avenue Mitigation Area 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 Uniform Residential Appraisal Reports (URAR) for
. the properties listed on Exhibit A attached hereto no later than September 7, 2000. The fee
for the URAR shall be as listed on Exhibit A. The fee for subsequent services, including
attending meetings and hearings, if any, where Appraiser is required to attend or for
preparation of further reports addressing the value of the property shall be at the rate of
$135.00 per hour. The fee for testimony, if any, by the Appraiser shall be at the rate of
$135.00 per hour.
2. SERVICES TO BE PROVIDED
Appraisal reports prepared pursuant to this Agreement shall conform to recognized
professional appraisal standards, the Uniform Standards of Professional Appraisal Practice
(USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to
the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way.
Manual. Appropriate maps and plans for the Project will be furnished by the City.
3. PAYMENT FOR SERVICES
Payment for services shall be made directly to the Appraiser after completion of the services
upon the presentation of a claim in the manner provided by law governing the City's
payment of claims and/or invoices. Payment shall be made within 45 days from receipt of
the invoice and following certification by the Appraiser.
is
J
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
0 7. DATA PRIVACY
Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning
the handling and disclosure of private and confidential information concerning individuals
and/or data including but not limited to information made non-public by such laws or
regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City
as confidential until released by counsel for the City.
8. RECORDS -AVAILABILITY
The Appraiser agrees that the City, the State Auditor, Federal personnel or any of their duly
authorized representatives at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine; audit, excerpt, and
transcribe any books, documents, papers, records, etc., which are pertinent to the accounting
practices and procedures of the Appraiser and involve transactions relating to this
Agreement. Records shall be retained for three years from date of final payment of Federal
funds to the State with respect to the Project.
9. NON-ASSIGNMENT
The Appraiser shall not assign, subcontract, transfer, or pledge this contract and/or the
services to be performed hereunder, whether in whole or in part, without the prior written
consent of the City.
10. MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All items referred to in this Agreement
are incorporated or attached and are deemed to be part of this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an amendment
to this Agreement signed by the parties hereto.
11. DEFAULT AND CANCELLATION
a. If the Appraiser fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the Appraiser's default is excused, upon written notice to the
Appraiser the City may immediately cancel the Agreement in its entirety.
b. The City's failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Any such consent shall apply only to the specific
circumstances described in the writing granting the consent and in no event shall
3
constitute a general waiver or relinquishment throughout the entire term of the
Agreement unless specifically so stated.
c. This Agreement may be cancelled with or without cause by either parry upon ten (10)
days written notice to the other parry.
12. CONTRACT ADMINISTRATION
In order to coordinate the services of the Appraiser. with the activities of the City so as to
accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall
manage this Agreement on behalf of the City and serve as liaison between the City and the
Appraiser.
13. RECYCLING PROGRAM
The City encourages the Appraiser to develop and implement an office paper and newsprint
recycling program.
14. NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of this
Agreement or any statute or ordinance shall be in writing, and shall be sent registered or
certified mail to the other party at the address stated in the opening paragraph of this
Agreement.
Approved as to legality, form and execution.
KENNEDY & GRAVEN, CHARTERED
City Attorney
Date:
CITY OF RICHFIELD
STATE OF MINNESOTA APPRAISER
City Manager
4
STATE OF MINNESOTA
0 )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2000, by Samantha Orduno, the City Manager, of the City of Richfield,
Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
STATE OF MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2000, by , the
of a corporation under the laws of
Minnesota, on behalf of the corporation.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
•
5
•
•
•
Exhibit A
Description of Properties to be Appraised and Appraisal Fees
City Type of
Parcel Taking Property Address
5 Full Fee 6339 18th Ave.
6 Full Fee 6345 18th Ave.
7 Full Fee 6401 18th Ave.
8 Full Fee 6409 18th Ave.
9 Full Fee 6415 18th Ave.
PID Number
26-028-24-11-0067
26-028-24-11-0068
26-028-24-14-0068
26-028-24-14-0069
26-028-24-14-0070
TOTAL
Fee for
Uniform Residential
Appraisal Report
$375.00
$375.00
$375.00
$375.00
$375.00
$ 1,875.00
6
Attachment 2
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 1600 University Avenue, Suite 314, St. Paul, MN 55104, ATTN:
Roger Rohrer), hereinafter referred to as "Appraiser".
WITNESSETH:
WHEREAS, the City wishes to purchase the services of the Appraiser for the Cedar
Avenue Mitigation Area 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 Uniform Residential Appraisal Reports (URAR) for
the properties listed on Exhibit A attached hereto no later than September 7, 2000. The fee
for the URAR shall be as listed on Exhibit A. The fee for subsequent services, including
attending meetings and hearings, if any, where Appraiser is required to attend or for
preparation of further reports addressing the value of the property shall be at the rate of
$120.00 per hour. The fee for testimony, if any, by the Appraiser shall be at the rate of
$150.00 per hour.
2. SERVICES TO BE PROVIDED
Appraisal reports prepared pursuant to this Agreement shall conform to recognized
professional appraisal standards, the Uniform Standards of Professional Appraisal Practice
(USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to
the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way
Manual. Appropriate maps and plans for the Project will be furnished by the City.
3. PAYMENT FOR SERVICES
Payment for services shall be made directly to the Appraiser after completion of the services
upon the presentation of a claim in the manner provided by law governing the City's
payment of claims and/or invoices. Payment shall be made within 45 days from receipt of
the invoice and following certification by the Appraiser.
9 4. INDEPENDENT CONTRACTOR
The Appraiser shall select the means, method, and manner of performing the services herein.
Nothing is intended or should be construed in any manner as creating or establishing the
relationship of copartners between the parties hereto or as constituting the Appraiser as the
agent, representative, or employee of the City for any purpose or in any manner whatsoever.
The Appraiser is to be and shall remain an independent contractor with respect to all services
performed under this Agreement. The Appraiser represents that it has or will secure at its
own expense all personnel required in performing services under this Agreement. Any and
all personnel of the Appraiser or other persons while engaged in the performance of any
work or services required by the Appraiser under this Agreement shall have no contractual
relationship with the City, and shall not be considered employees of the City. Any and all
claims that may or might arise under the Unemployment Compensation Act or the Workers'
Compensation Act of the State of Minnesota on behalf of said personnel, arising out of
employment or alleged employment, including, without limitation, claims of discrimination
against the Appraiser, its officers, agents, contractors, or employees shall in no way be the
responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its
officers, agents, and employees harmless from any and all such claims irrespective of any
determination of any pertinent tribunal, agency, board, commission, or court. Such personnel
or others persons shall neither require nor be entitled to any compensation, rights, or benefits
of any kind whatsoever from the City, including, without limitation, tenure rights, medical
and hospital care, sick and vacation leave, Workers' Compensation, Unemployment
Insurance, disability, severance pay and PERA.
5. NONDISCRIMINATION
In accordance with the City's policies against discrimination, no person shall be excluded
from or denied the benefits of any service performed or contemplated under the terms of this
Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status,
public assistance status, ex-offender status, or national origin; and no person who is protected
by applicable Federal or State laws against discrimination shall be otherwise subjected to
discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall
furnish all information and reports which may be required by the City's Affirmative Action
Policy; and (2) it shall adopt and comply with the City's Equal Employment
Opportunity/Affirmative Action Policies with regard to employment and contracting.
6. INDEMNITY AND INSURANCE
The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees
harmless from any liability claims, damages, costs, judgments, or expenses, including
reasonable attorney fees, resulting directly or indirectly from an act or omission (including
without limitation professional errors or omissions) of the Appraiser his agents, employees,
or assignees in performance of the services provided by this contract, and against all loss by
reason of the failure of said Appraiser to fully perform in any respect, all obligations under
this Agreement.
2
0 7. DATA PRIVACY
Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning
the handling and disclosure of private and confidential information concerning individuals
and/or. data including but not limited to information made non-public by such laws or
regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City
as confidential until released by counsel for the City.
8. RECORDS - AVAILABILITY
The Appraiser agrees that the City, the State Auditor, Federal personnel or any of their duly
authorized representatives at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and
transcribe any books, documents, papers, records, etc., which are pertinent to the accounting
practices and procedures of the Appraiser and involve transactions relating to this
Agreement. Records shall be retained for three years from date of final payment of Federal
funds to the State with respect to the Project.
9. NON-ASSIGNMENT
The Appraiser shall not assign, subcontract, transfer, or pledge this contract and/or the
services to be performed hereunder, whether in whole or in part, without the prior written
consent of the City.
10. MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All items referred to in this Agreement
are incorporated or attached and are deemed to be part of this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an amendment
to this Agreement signed by the parties hereto.
11. DEFAULT AND CANCELLATION
a. If the Appraiser fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the Appraiser's default is excused, upon written notice to the
Appraiser the City may immediately cancel the Agreement in its entirety.
b. The City's failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Any such consent shall apply only to the specific
circumstances described in the writing granting the consent and in no event shall
3
constitute a general waiver or relinquishment throughout the entire term of the
Agreement unless specifically so stated.
c. This Agreement may be cancelled with or without cause by either parry upon ten (10)
days written notice to the other parry.
12. CONTRACT ADMINISTRATION
In order to coordinate the services of the Appraiser with the activities of the City so as to
accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall
manage this Agreement on behalf of the City and serve as liaison between the City and the
Appraiser.
13. RECYCLING PROGRAM
The City encourages the Appraiser to develop and implement an office paper and newsprint
recycling program.
14. NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of this
Agreement or any statute or ordinance shall be in writing, and shall be sent registered or
certified mail to the other party at the address stated in the opening paragraph of this
Agreement.
Approved as to legality, form and execution.
KENNEDY & GRAVEN, CHARTERED
City Attorney
Date:
CITY OF RICHFIELD
STATE OF MINNESOTA APPRAISER
City Manager
4
STATE OF MINNESOTA
0 )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2000, by Samantha Orduno. the City Manager, of the City of Richfield,
Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
STATE OF MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2000, by , the
of a corporation under the laws of
Minnesota, on behalf of the corporation.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
•
5
Exhibit A
-" Description of Properties to be Appraised and Appraisal Fees
Fee for
City Type of Uniform Residential
Parcel Taking Property Address PID Number Appraisal Report
14 Full Fee 6445 18th Ave. 26-028-24-14-0075 $500.00
15 Full Fee 6501 18th Ave. 26-028-24-14-0058 $500.00
16 Full Fee 6509 18th Ave. 26-028-24-14-0059 $500.00
17 Full Fee 6515 18th Ave. 26-028-24-14-0060 $500.00
18 Full Fee 6521 18th Ave. 26-028-24-14-0061 $500.00
TOTAL $ 2,500.00
•
•
6
Attachment 3
REAL ESTATE APPRAISAL
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into by and between the City of Richfield,
State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423,
ATTN: Katia Medvetski), hereinafter referred to as the "City" and Forsythe Appraisals, Inc.,
(whose address is 222 Little Canada Road, St. Paul, MN 55117, ATTN: Greg Callahan),
hereinafter referred to as "Appraiser".
WITNESSETH:
WHEREAS, the City wishes to purchase the services of the Appraiser for the Cedar
Avenue Mitigation Area 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 Uniform Residential Appraisal Reports (URAR) for
the properties listed on Exhibit A attached hereto no later than September 7, 2000. The fee
for the URAR shall be as listed on Exhibit A. The fee for subsequent services, including
attending meetings and hearings, if any, where Appraiser is required to attend or for
preparation of further reports addressing the value of the property shall be at the rate of
$125.00 per hour. The fee for testimony, if any, by the Appraiser shall be at the rate of
$125.00 per hour.
2. SERVICES TO BE PROVIDED
Appraisal reports prepared pursuant to this Agreement shall conform to recognized
professional appraisal standards, the Uniform Standards of Professional Appraisal Practice
(USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to
the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way
Manual. Appropriate maps and plans for the Project will be furnished by the City.
3. PAYMENT FOR SERVICES.
Payment for services shall be made directly to the Appraiser after completion of the services
upon the presentation of a claim in the manner provided by law governing the City's
payment of claims and/or invoices. Payment shall be made within 45 days from receipt of
the invoice and following certification by the Appraiser.
•
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
7. DATA PRIVACY
Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning
the handling and disclosure of private and confidential information concerning individuals
and/or data including but not limited to information made non-public by such laws or
regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City
as confidential until released by counsel for the City.
8. RECORDS -AVAILABILITY
The Appraiser agrees that the City, the State Auditor, Federal personnel or any of their duly
authorized representatives at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and
transcribe any books, documents, papers, records, etc., which are pertinent to the accounting
practices and procedures of the Appraiser and involve transactions relating to this
Agreement. Records shall be retained for three years from date of final payment of Federal
funds to the State with respect to the Project.
9. NON-ASSIGNMENT
The Appraiser shall not assign, subcontract, transfer, or pledge this contract and/or the
services to be performed hereunder, whether in whole or in part, without the prior written
• consent of the City.
10. MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All items referred to in this Agreement
are incorporated or attached and are deemed to be part of this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an amendment
to this Agreement signed by the parties hereto.
11. DEFAULT AND CANCELLATION
a. If the Appraiser fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the Appraiser's default is excused, upon written notice to the
Appraiser the City may immediately cancel the Agreement in its entirety.
b. The City's failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
• unless consented to in writing. Any such consent shall apply only to the specific
circumstances described in the writing granting the consent and in no event shall
constitute a general waiver or relinquishment throughout the entire term of the
• Agreement unless specifically so stated.
c. This Agreement may be cancelled with or without cause by either party upon ten (10)
days written notice to the other party.
12. CONTRACT ADMINISTRATION
In order to coordinate the services of the Appraiser with the activities of the City so as to
accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall
manage this Agreement on behalf of the City and serve as liaison between the City and the
Appraiser.
13. RECYCLING PROGRAM
The City encourages the Appraiser to develop and implement an office paper and newsprint
recycling program.
14. NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of this
Agreement or any statute or ordinance shall be in writing, and shall be sent registered or
certified mail to the other party at the address stated in the opening paragraph of this
Agreement.
Approved as to legality, form and execution.
KENNEDY & GRAVEN, CHARTERED
City Attorney
Date:
CITY OF RICHFIELD
STATE OF MINNESOTA APPRAISER
City Manager
•
4
STATE OF MINNESOTA )
0 )SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2000, by Samantha Orduno. the City Manager, of the City of Richfield,
Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
STATE OF. MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2000, by , the
of a corporation under the laws of
Minnesota, on behalf of the corporation.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
•
5
•
•
•
Exhibit A
Description of Properties to be Appraised and Appraisal Fees
City Type of
Parcel Taking Property Address
27 Full Fee 6400 18th Ave.
28 Full Fee 6408 18th Ave.
29 Full Fee 6414 18th Ave.
30 Full Fee 6420 18th Ave.
PID Number
26-028-24-14-0053
26-028-24-14-0052
26-028-24-14-0051
26-028-24-14-0050
TOTAL
Fee for
Uniform Residential
Appraisal Report
$350.00
$350.00
$350.00
$350.00
$ 1,400.00
6
Attachment 4
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 Newcombe, Hansen,
Hempler, Inc., (whose address is 7710 Computer Avenue, Minneapolis, MN 55435, ATTN:
Larry Hempler), hereinafter referred to as "Appraiser".
WITNESSETH:
WHEREAS, the City wishes to purchase the services of the Appraiser for the Cedar
Avenue Mitigation Area 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 Uniform Residential Appraisal Reports (URAR) for
the properties listed on Exhibit A attached hereto no later than September 7, 2000. The fee
for the URAR shall be as listed on Exhibit A. The fee for subsequent services, including
attending meetings and hearings, if any, where Appraiser is required to attend or for
preparation of further reports addressing the value of the property shall be at the rate of
$100.00 per hour. The fee for testimony, if any, by the Appraiser shall be at the rate of
$100.00 per hour.
2. SERVICES TO BE PROVIDED
Appraisal reports prepared pursuant to this Agreement shall conform to recognized
professional appraisal standards, the Uniform Standards of Professional Appraisal Practice
(USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to
the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way
Manual. Appropriate maps and plans for the Project will be furnished by the City.
3. PAYMENT FOR SERVICES
Payment for services shall be made directly to the Appraiser after completion of the services
upon the presentation of a claim in the manner provided by law governing the City's
payment of claims and/or invoices. Payment shall be made within 45 days from receipt of
the invoice and following certification by the Appraiser.
0
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
0 7. DATA PRIVACY
Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning
the handling and disclosure of private and confidential information concerning individuals
and/or data including but not limited to information made non-public by such laws or
regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City
as confidential until released by counsel for the City.
8. RECORDS -AVAILABILITY
The Appraiser agrees that the City, the State Auditor, Federal personnel or any of their duly
authorized representatives at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and
transcribe any books, documents, papers, records, etc., which are pertinent to the accounting
practices and procedures of the Appraiser and involve transactions relating to this
Agreement. Records shall be retained for three years from date of final payment of Federal
funds to the State with respect to the Project.
9. NON-ASSIGNMENT
The Appraiser shall not assign, subcontract, transfer, or pledge this contract and/or the
services to be performed hereunder, whether in whole or in part, without the prior written
• consent of the City.
10. MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All items referred to in this Agreement
are incorporated or attached and are deemed to be part of this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an amendment
to this Agreement signed by the parties hereto.
11. DEFAULT AND CANCELLATION
a. If the Appraiser fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the Appraiser's default is excused, upon written notice to the
Appraiser the City may immediately cancel the Agreement in its entirety.
b. The City's failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Any such consent shall apply only to the specific
circumstances described in the writing granting the consent and in no event shall
3
constitute a general waiver or relinquishment throughout the entire term of the
Agreement unless specifically so stated.
c. This Agreement may be cancelled with or without cause by either party upon ten (10)
days written notice to the other party.
12. CONTRACT ADMINISTRATION
In order to coordinate the services of the Appraiser with the activities of the City so as to
accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall
manage this Agreement on behalf of the City and serve as liaison between the City and the
Appraiser.
13. RECYCLING PROGRAM
The City encourages the Appraiser to develop and implement an office paper and newsprint
recycling program.
14. NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of this
Agreement or any statute or ordinance shall be in writing, and shall be sent registered or
certified mail to the other party at the address stated in the opening paragraph of this
Agreement.
Approved as to legality, form and execution.
KENNEDY & GRAVEN, CHARTERED
City Attorney
Date:
CITY OF RICHFIELD
STATE OF MINNESOTA APPRAISER
City Manager
0
4
STATE OF MINNESOTA
0 )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2000, by Samantha Orduno. the City Manager, of the City of Richfield,
Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
STATE OF MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2000, by , the
of a corporation under the laws of
Minnesota, on behalf of the corporation.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
•
5
•
0
•
Exhibit A
Description of Properties to be Appraised and Appraisal Fees
City Type of
Parcel Taking Property Address
23 Full Fee 6326 18th Ave.
24 Full Fee 6332 18th Ave.
25 Full Fee 6338 18th Ave.
26 Full Fee 6344 18th Ave.
PID Number
26-028-24-11-0055
26-028-24-11-0054
26-028-24-11-0053
26-028-24-11-0057
TOTAL
Fee for
Uniform Residential
Appraisal Report
$500.00
$500.00
$500.00
$500.00
$ 2,000.00
6
Attachment 5
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 Meeks Appraisal and
Consulting, Inc., (whose address is 3112 Hennepin Avenue #250, Minneapolis, MN 55408,
ATTN: Kevin Meeks), hereinafter referred to as "Appraiser".
WITNESSETH:
WHEREAS, the City wishes to purchase the services of the Appraiser for the Cedar
Avenue Mitigation Area 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 Uniform Residential Appraisal Reports (URAR) for
the properties listed on Exhibit A attached hereto no later than September 7, 2000. The fee
for the URAR shall be as listed on Exhibit A. The fee for subsequent services, including
attending meetings and hearings, if any, where Appraiser is required to attend or for.
preparation of further reports addressing the value of the property shall be at the rate of
$75.00 per hour. The fee for testimony, if any, by the Appraiser shall be at the rate of
$125.00 per hour.
2. SERVICES TO BE PROVIDED
Appraisal reports prepared pursuant to this Agreement shall conform to recognized
professional appraisal standards, the Uniform Standards of Professional Appraisal Practice
(USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional
Appraisal Practice of the. Appraisal Institute. In addition, these appraisals shall conform to
the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way
Manual. Appropriate maps and plans for the Project will be furnished by the City.
3. PAYMENT FOR SERVICES
Payment for services shall be made directly to the Appraiser after completion of the services
upon the presentation of a claim in the manner provided by law governing the City's
payment of claims and/or, invoices. Payment shall be made within 45 days from receipt of
the invoice and following certification by the Appraiser.
0
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
do this Agreement.
2
0 7. DATA PRIVACY
Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning
the handling and disclosure of private and confidential information concerning individuals
and/or data including but not limited to information made non-public by such laws or
regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City
as confidential until released by counsel for the City.
8. RECORDS -AVAILABILITY
The Appraiser agrees that the City, the State Auditor, Federal personnel or any of their duly
authorized representatives at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and
transcribe any books, documents, papers, records, etc., which are pertinent to the accounting
practices and procedures of the Appraiser and involve transactions relating to this
Agreement. Records shall be retained for three years ftom date of final payment of Federal
funds to the State with respect to the Project.
9. NON-ASSIGNMENT
The Appraiser shall not assign, subcontract, transfer, or pledge this contract and/or the
services to be performed hereunder, whether in whole or in part, without the prior written
• consent of the City.
10. MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All items referred to in this Agreement
are incorporated or attached and are deemed to be part of this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an amendment
to this Agreement signed by the parties hereto.
11. DEFAULT AND CANCELLATION
a. If the Appraiser fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the Appraiser's default is excused, upon written notice to the
Appraiser the City may immediately cancel the Agreement in its entirety.
b. The City's failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Any such consent shall apply only to the specific
circumstances described in the writing granting the consent and in no event shall
3
constitute a general waiver or 'relinquishment throughout the entire term of the
. Agreement unless specifically so stated.
c. This Agreement may be cancelled with or without cause by either parry upon ten (10)
days written notice to the other party.
12. CONTRACT ADMINISTRATION
In order to coordinate the services of the Appraiser with the activities of the City so as to
accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall
manage this Agreement on behalf of the City and serve as liaison between the City and the
Appraiser.
13. RECYCLING PROGRAM
The City encourages the Appraiser to develop and implement an office paper and newsprint
recycling program.
14. NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of this
Agreement or any statute or ordinance shall be in writing, and shall be sent registered or
certified mail to the other party at the address stated in the opening paragraph of this
• Agreement.
Approved as to legality, form and execution.
KENNEDY & GRAVEN, CHARTERED
City Attorney
Date:
CITY OF RICHFIELD
STATE OF MINNESOTA APPRAISER
City Manager
•
4
STATE OF MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2,000, 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 a corporation under the laws of
Minnesota, on behalf of the corporation.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
5
0
Exhibit A
Description of Properties to be Appraised and Appraisal Fees
City Type of
Parcel Taking Property Address
10 Full Fee 6421 18th Ave.
11 Full Fee 6427 18th Ave.
12 Full Fee 6433 18th Ave.
13 Full Fee 6439 18th Ave.
PID Number
26-028-24-14-0071
26-028-24-14-0072
26-028-24-14-0073
26-028-24-14-0074
TOTAL
Fee for
Uniform Residential
Appraisal Report
$450.00
$450.00
$450.00
$450.00
$ 1,800.00
6
Attachment 6
REAL ESTATE APPRAISAL
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into by and between the City of Richfield,
State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423,
ATTN: Katia Medvetski), hereinafter referred to as the "City" and McKinzie Metro Appraisal,
(whose address is 4740 Washington Square #200, White Bear Lake, MN 55110, ATTN: Gerald
McKinzie), hereinafter referred to as "Appraiser".
WITNESSETH:
WHEREAS, the City wishes to purchase the services of the Appraiser for the Cedar
Avenue Mitigation Area 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 Uniform Residential Appraisal Reports (URAR) for
the properties listed on Exhibit A attached hereto no later than September 7, 2000. The fee
for the URAR shall be as listed on Exhibit A. The fee for subsequent services, including
attending meetings and hearings, if any, where Appraiser is required to attend or for
preparation of further reports addressing the value of the property shall be at the rate of
$75.00 per hour. The fee for testimony, if any, by the Appraiser shall be at the rate of $90.00
per hour.
2. SERVICES TO BE PROVIDED
Appraisal reports prepared pursuant to this Agreement shall conform to recognized
professional appraisal standards, the Uniform Standards of Professional Appraisal Practice
(USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to
the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way
Manual. Appropriate maps and plans for the Project will be furnished by the City.
3. PAYMENT FOR SERVICES
Payment for services shall be made directly to the Appraiser after completion of the services
upon the presentation of a claim in the manner provided by law governing the City's
payment of claims and/or invoices. Payment shall be made within 45 days from receipt of
the invoice and following certification by the Appraiser.
•
4. INDEPENDENT CONTRACTOR
The Appraiser shall select the means, method, and manner of performing the services herein.
Nothing is intended or should be construed in any manner as creating or establishing the
relationship of copartners between the parties hereto or as constituting the Appraiser as the
agent, representative, or employee of the City for any purpose or in any manner whatsoever.
The Appraiser is to be and shall remain an independent contractor with respect to all services
performed under this Agreement. The Appraiser represents that it has or will secure at its
own expense all personnel required in performing services under this Agreement. Any and
all personnel of the Appraiser or other persons while engaged in the performance of any
work or services required by the Appraiser under this Agreement shall have no contractual
relationship with the City, and shall not be considered employees of the City.. Any and all
claims that may or might arise under the Unemployment Compensation Act or the Workers'
Compensation Act of the State of Minnesota on behalf of said personnel, arising out of
employment or alleged employment, including, without limitation, claims of discrimination
against the Appraiser, its officers, agents, contractors, or employees shall in no way be the
responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its
officers, agents, and employees harmless from any and all such claims irrespective of any
determination of any pertinent tribunal, agency, board, commission, or court. Such personnel
or others persons shall neither require nor be entitled to any compensation, rights, or benefits
of any kind whatsoever from the City, including, without limitation, tenure rights, medical
and hospital care, sick and vacation leave, Workers' Compensation, Unemployment
Insurance, disability, severance pay and PERA.
5. NONDISCRIMINATION
In accordance with the City's policies against discrimination, no person shall be excluded
from or denied the benefits of any service performed or contemplated under the terms of this
Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status,
public assistance status, ex-offender status, or national origin; and no person who is protected
by applicable Federal or State laws against discrimination shall be otherwise subjected to
discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall
furnish all information and reports which may be required by the City's Affirmative Action
Policy; and (2) it shall adopt and comply with the City's Equal Employment
Opportunity/Affirmative Action Policies with regard to employment and contracting.
6. INDEMNITY AND INSURANCE
The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees
harmless from any liability claims, damages, costs, judgments, or expenses, including
reasonable attorney fees, resulting directly or indirectly from an act or omission (including
without limitation professional errors or omissions) of the Appraiser his agents, employees,
or assignees in performance of the services provided by this contract, and against all loss by
reason of the failure of said Appraiser to fully perform in any respect, all obligations under
this Agreement.
2
• 7. DATA PRIVACY
Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning
the handling and disclosure of private and confidential information concerning individuals
and/or data including but not limited to information made non-public by such laws or
regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City
as confidential until released by counsel for the City.
8. RECORDS - AVAILABILITY
The Appraiser agrees that the City, the State Auditor, Federal personnel or any of their duly
authorized representatives at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and
transcribe any books, documents, papers, records, etc., which are pertinent to the accounting
practices and procedures of the Appraiser and involve transactions relating to this
Agreement. Records shall be retained for three years from date of final payment of Federal
funds to the State with respect to the Project.
9. NON-ASSIGNMENT
The Appraiser shall not assign, subcontract, transfer, or pledge this contract and/or the
services to be performed hereunder, whether in whole or in part, without the prior written
• consent of the City.
10. MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All items referred to in this Agreement
are incorporated or attached and are deemed to be part of this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of this.
Agreement shall only be valid when they have been reduced to writing as an amendment
to this Agreement signed by the parties hereto.
11. DEFAULT AND CANCELLATION
a. If the Appraiser fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the Appraiser's default is excused, upon written notice to the
Appraiser the City may immediately cancel the Agreement in its entirety.
b. The City's failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Any such consent shall apply only to the specific
circumstances described in the writing granting the consent and in no event shall
constitute a general waiver or relinquishment throughout the entire term of the
Agreement unless specifically so stated.
c. This Agreement may be cancelled with or without cause by either parry upon ten (10)
days written notice to the other parry.
12. CONTRACT ADMINISTRATION
In order to coordinate the services of the Appraiser with the activities of the City so as to
accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall
manage this Agreement on behalf of the City and serve as liaison between the City and the
Appraiser.
13. RECYCLING PROGRAM
The City encourages the Appraiser to develop and implement an office paper and newsprint
recycling program.
14. NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of this
Agreement or any statute or ordinance shall be in writing, and shall be sent registered or
certified mail to the other parry at the address stated in the opening paragraph of this
S Agreement.
Approved as to legality, form and execution.
KENNEDY & GRAVEN, CHARTERED
City Attorney
Date:
CITY OF RICHFIELD
STATE OF MINNESOTA APPRAISER
City Manager
0
4
STATE OF MINNESOTA )
)SS.
0
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
S of 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
•
0
Exhibit A
Description of Properties to be Appraised and Appraisal Fees
City Type of
Parcel Taking Property Address
1 Full Fee 6315 18th Ave.
2 Full Fee 6321 18th Ave.
3 Full Fee 6327 18th Ave.
4 Full Fee 6333 18th Ave.
PIED Number
26-028-24-11-0063
26-028-24-11-9954
26-028-24-11-0065
26-028-24-11-0066
TOTAL
Fee for
Uniform Residential
Appraisal Report
$475.00
$475.00
$475.00
$475.00
$ 1,900.00
6
Attachment 7
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 Lyle Nagell H Co. Inc.,
(whose address is 7517 Wayzata Blvd. Suite 115, Minneapolis, MN 55426, ATTN: William
Waytas), hereinafter referred to as "Appraiser".
WITNESSETH:
WHEREAS, the City wishes to purchase the services of the Appraiser for the Cedar
Avenue Mitigation Area 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 Uniform Residential Appraisal Reports (URAR) for
• the properties listed on Exhibit A attached hereto no later than September 7, 2000. The fee
for the URAR shall be as listed on Exhibit A. The fee for subsequent services, including
attending meetings and hearings, if any, where Appraiser is required to attend or for
preparation of further reports addressing the value of the property shall be at the rate of
$75.00 per hour. The fee for testimony, if any, by the Appraiser shall be at the rate of
$100.00 per hour.
2. SERVICES TO BE PROVIDED
Appraisal reports prepared pursuant to this Agreement shall conform to recognized
professional appraisal standards, the Uniform Standards of Professional Appraisal Practice
(USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to
the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way
Manual. Appropriate maps and plans for the Project will be furnished by the City.
3. PAYMENT FOR SERVICES
Payment for services shall be made directly to the Appraiser after completion of the services
upon the presentation of a claim in the manner provided by law governing the City's
payment of claims and/or invoices. Payment shall be made within 45 days from receipt of
the invoice and following certification by the Appraiser.
• 4. INDEPENDENT CONTRACTOR
The Appraiser shall select the means, method, and manner of performing the services herein.
Nothing is intended or should be construed in any manner as creating or establishing the
relationship of copartners between the parties hereto or as constituting the Appraiser as the
agent, representative, or employee of the City for any purpose or in any manner whatsoever.
The Appraiser is to be and shall remain an independent contractor with respect to all services
performed under this Agreement. The Appraiser represents that it has or will secure at its
own expense all personnel required in performing services under this Agreement. Any and
all personnel of the Appraiser or other persons while engaged in the performance of any
work or services required by the Appraiser under this Agreement shall have no contractual
relationship with the City, and shall not be considered employees of the City. Any and all
claims that may or might arise under the Unemployment Compensation Act or the Workers'
Compensation Act of the State of Minnesota on behalf of said personnel, arising out of
employment or alleged employment, including, without limitation, claims of discrimination
against the Appraiser, its officers, agents, contractors, or employees shall in no way be the
responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its
officers, agents, and employees harmless from any and. all such claims irrespective of any
determination of any pertinent tribunal, agency, board, commission, or court. Such personnel
or others persons shall neither require nor be entitled to any compensation, rights, or benefits
of any kind whatsoever from the City, including, without limitation, tenure rights, medical
and hospital care, sick and vacation leave, Workers' Compensation, Unemployment
Insurance, disability, severance pay and PERA.
5. NONDISCRIMINATION
In accordance with the City's policies against discrimination, no person shall be excluded
from or denied the benefits of any service performed or contemplated under the terms of this
Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status,
public assistance status, ex-offender status, or national origin; and no person who is protected
by applicable Federal or State laws against discrimination shall be otherwise subjected to
discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall
furnish all information and reports which may be required by the City's Affirmative Action
Policy; and (2) it shall adopt and comply with the City's Equal Employment
Opportunity/Affirmative Action Policies with regard to employment and contracting.
6. INDEMNITY AND INSURANCE
The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees
harmless from any liability claims, damages, costs, judgments, or expenses, including
reasonable attorney fees, resulting directly or indirectly from an act or omission (including
without limitation professional errors or omissions) of the Appraiser his agents, employees,
or assignees in performance of the services provided by this contract, and against all loss by
reason of the failure of said Appraiser to fully perform in any respect, all obligations under
this Agreement.
2
0 - 7. DATA PRIVACY
Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning
the handling and disclosure of private and confidential information concerning individuals
and/or data including but not limited to information made non-public by such laws or
regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City
as confidential until released by counsel for the City.
8. RECORDS - AVAILABILITY
The Appraiser agrees that the City, the State Auditor, Federal personnel or any of their duly
authorized representatives at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and
transcribe any books, documents, papers, records, etc., which are pertinent to the accounting
practices and procedures of the Appraiser and involve transactions relating to this
Agreement. Records shall be retained for three years from date of final payment of Federal
funds to the State with respect to the Project.
9. NON-ASSIGNMENT
The Appraiser shall not assign, subcontract, transfer, or pledge this contract and/or the
services to be performed hereunder, whether in whole or in part, without the prior written
consent of the City.
10. MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All items referred to in this Agreement
are incorporated or attached and are deemed to be part of this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an amendment
to this Agreement signed by the parties hereto.
11. DEFAULT AND CANCELLATION
a. If the Appraiser fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance -of the Agreement, this shall
constitute a default. Unless the Appraiser's default is excused, upon written notice to the
Appraiser the City may immediately cancel the Agreement in its entirety.
b. The City's failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Any such consent shall apply only to the specific
circumstances described in the writing granting the consent and in no event shall
3
constitute a general waiver or relinquishment throughout the entire term of the
is 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
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 a corporation under the laws of
Minnesota, on behalf of the corporation.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
•
5
•
•
•
Exhibit A
Description of Properties to be Appraised and Appraisal Fees
City Type of
Parcel Taking Property Address
19 Full Fee 6527 18th Ave.
20 Full Fee 6533 18th Ave.
21 Full Fee 6314 18th Ave.
22 Full Fee 6320 18th Ave.
PID Number
26-028-24-14-0062
26-028-24-14-0063
26-028-24-11-0057
26-028-24-11-0056
TOTAL
Fee for
Uniform Residential
Appraisal Report
$375.00
$375.00
$375.00
$375.00
$ 1,500.00
6
Attachment 8
REVIEW APPRAISAL
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into by and between the City of Richfield,
State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423,
ATTN: Katia Medvetski), hereinafter referred to as the "City" and Donald A. Hennessy,
(whose address is 12568 Eagle Street NW, Coon Rapids, MN 55448), hereinafter referred to as
"Appraiser".
WITNESSETH:
WHEREAS, the City wishes to purchase the services of the Appraiser for the Cedar
Avenue Mitigation Area Project; and
WHEREAS, there are funds available for the purchase of these services.
NOW, THEREFORE, in consideration of the mutual undertakings and agreements
hereinafter set forth, the City and the Appraiser agree as follows:
1. TERMS AND COST OF THE AGREEMENT
The Appraiser agrees to furnish services to the City in accordance with the terms of this
Agreement. Appraiser shall complete review appraisal reports for the properties listed on
• Exhibit A attached hereto no later than September 28, 2000. The fee for the review appraisal
reports for the properties listed on Exhibit A is $5,100.00. The fee for subsequent services,
including attending meetings for coordination, strategy and pre-trial and hearings, if any,
where Appraiser is required to attend or for preparation of further reports addressing the
impact of environmental contaminants on the value of the property shall be at the rate of
$70.00 per hour. The fee for and attendance at Commission hearings or District Court, if
any, by the Appraiser shall be at the rate of $80.00 per hour. The fee for testimony as an
expert witness in Commission hearings or District Court, if any, by the Appraiser shall be at
the rate of $90.00 per hour.
2. SERVICES TO BE PROVIDED
Appraisal reports prepared pursuant to this Agreement shall conform to recognized
professional appraisal standards, the Uniform Standards of Professional Appraisal Practice
(USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to
the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way
Manual. Appropriate maps and plans for the Project will be furnished by the City.
3. PAYMENT FOR SERVICES
Payment for services shall be made directly to the Appraiser after completion of the services
upon the presentation of a claim in the manner provided by law governing the City's
payment of claims and/or invoices. Payment shall be made within 45 days from receipt of
the invoice and following certification by the Appraiser.
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
0 7. DATA PRIVACY
Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning
the handling and disclosure of private and confidential information concerning individuals
and/or data including but not limited to information made non-public by such laws or
regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City
as confidential until released by counsel for the City.
8. RECORDS - AVAILABILITY
The Appraiser agrees that the City, the State Auditor, Federal personnel or any of their duly
authorized representatives at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and
transcribe any books, documents, papers, records, etc., which are pertinent to the accounting
practices and procedures of the Appraiser and involve transactions relating to this
Agreement. Records shall be retained for three years from date of final payment of Federal
funds to the State with respect to the Project.
9. NON-ASSIGNMENT
The Appraiser shall not assign, subcontract, transfer, or pledge this contract and/or the
services to be performed hereunder, whether in whole or in part, without the prior written
consent of the City.
10. MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All items referred to in this Agreement
are incorporated or attached and are deemed to be part of this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an amendment
to this Agreement signed by the parties hereto.
11. DEFAULT AND CANCELLATION
a. If the Appraiser fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the Appraiser's default is excused, upon written notice to the
Appraiser the City may immediately cancel the Agreement in its entirety.
b. The City's failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Any such consent shall apply only to the specific
circumstances described in the writing granting the consent and in no event shall
3
constitute a general waiver or relinquishment throughout the entire term of the
Agreement unless specifically so stated.
c. This Agreement may be cancelled with or without cause by either parry upon ten (10)
days written notice to the other party.
12. CONTRACT ADMINISTRATION
In order to coordinate the services of the Appraiser with the activities of the City so as to
accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall
manage this Agreement on behalf of the City and serve as liaison between the City and the
Appraiser.
13. RECYCLING PROGRAM
The City encourages the Appraiser to develop and implement an office paper and newsprint
recycling program.
14. NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of this
Agreement or any statute or ordinance shall be in writing, and shall be sent registered or
certified mail to the other parry at the address stated in the opening paragraph of this
Agreement.
Approved as to legality, form and execution.
KENNEDY & GRAVEN, CHARTERED
City Attorney
Date:
CITY OF RICHFIELD
STATE OF MINNESOTA APPRAISER
City Manager
4
STATE OF MINNESOTA
0 )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2000, by Samantha Orduno. the City Manager, of the City of Richfield,
Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
STATE OF MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of . 2000,
by Donald A. Hennessy.
16 Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
0
5
Exhibit A
City Parcel Property Address /
PID Number
1 631518 THAVE.
26-028-24-11-0063
2 6321 18TH AVE.
26-028-24-11-0064
3 632718 TH AVE.
26-028-24-11-0065
4 633318 TH AVE.
26-028-24-11-0066
5 6339 18TH AVE.
26-028-24-11-0067
6 634518 TH AVE.
• 26-028-24-11-0068
7 6401 18TH AVE.
26-028-24-14-0068
8 640918 TH AVE.
26-028-24-14-0069
9 641518 TH AVE.
26-028-24-14-0070
10 6421 18TH AVE.
26-028-24-14-0071
11 642718 TH AVE.
26-028-24-14-0072
12 643318 TH AVE.
26-028-24-14-0073
13 643918 TH AVE.
26-028-24-14-0074
• 14 6445 18TH AVE.
6
•
•
•
City Parcel . Property Address /
PID Number
26-028-24-14-0075
15 6501 18TH AVE.
26-028-24-14-0058
16 650918 TH AVE.
26-028-24-14-0059
17 651518 TH AVE.
26-028-24-14-0060
18 6521 18TH AVE.
26-028-24-14-0061
19 652718 TH AVE.
26-028-24-14-0062
20 653318 TH AVE.
26-028-24-14-0063
21 631418 TH AVE.
26-028-24-11-0057
22 632018 TH AVE.
26-028-24-11-0056
23 6326 18TH AVE.
26-028-24-11-0055
24 6332 18TH AVE.
26-028-24-11-0054
25 633818 TH AVE.
26-028-24-11-053
26 634418 TH AVE.
26-028-24-11-0052
27 6400 18TH AVE.
26-028-24-14-0053
28 6408 18TH AVE.
26-028-24-14-0052
7
0 City Parcel Property Address
PID Number
29 641418 TH AVE.
26-028-24-14-51
30 6420,18TH AVE.
29-028-24-14-0050
•
•
8
Attachment 9
CONTRACT
THIS AGREEMENT entered into this day of , 1999, by and between
the City of Richfield, Minnesota, hereinafter referred to as the "Contractor" and
Conworth, Inc. hereinafter referred to as the "Consultant."
WITNESETH THAT:
WHEREAS, the Contractor proposes to acquire certain property in the Cedar Avenue
Airport Noise Mitigation Area Project and desires that the Consultant furnish the
Contractor certain services with respect to such property including and inclusive of the
services described in Article A of this Contract and the Consultant represents that it is
fully qualified to perform such services and will provide such services; and
WHEREAS, the services to be provided under this Contract are necessary to achieve
the purposes of the Contractor's project, the Uniform Real Property Acquisition and
Relocation Policies Act of 1970 as amended and of the implementing regulations
applicable thereto.
NOW, THEREFORE, be it resolved that the Contractor and the Consultant, for the
consideration and under the conditions hereinafter set forth, do agree as follows:
A. Services
1. Acquisition of Properties:
The Consultant will perform services related to the purchase of property including
preparation and presentation of the offering letter, negotiations, organization and
maintenance of the files in conformance with applicable regulations.
2. Residential Relocation Services Implementing the Project:
a. The Consultant will distribute an information booklet on residential relocation
assistance and all appropriate forms and data to each resident expected to be
displaced. At this time the Consultant will:
1) Obtain a signed receipt for the informational booklet provided by the
Consultant in accordance with applicable regulations.
2) Explain the residential relocation program and the resident's
responsibilities to receive benefits.
3) Explain how to receive various kinds of assistance in finding replacement
housing.
•
4) Survey the resident's relocation needs.
5) Advise residents of their right to appeal the amount of each payment and
the services, as well as the procedure to follow.
b. Upon the Contractor's initiation of negotiations to acquire the project site, the
Consultant will:
1) Analyze existing data to determine eligibility of the resident's relocation
expenses for compensation.
2) Assist the resident in determining the most advantageous payment
alternatives to claim and provide further instructions on how to proceed.
c. Moving Expense Claims.
1) Advise the resident of the two types of payment for moving; fixed payment
schedule and actual reasonable moving expenses.
2) Review the fixed moving schedule and advise the resident of the benefits
under the fixed payment move costs option.
3) If choosing the actual move costs option, advise the resident on procedure
to obtain required bids.
4) Assist the resident when necessary in preparing moving specifications.
5) Act when appropriate as agent in regard to accepting bids.
6) Analyze the bids to determine their reasonableness.
7) Notify the resident of the low acceptable bids.
8) When appropriate inspect the move of personal property while in
progress.
9) Assist the resident in assembling all invoices, paid receipts and other
documentation necessary to substantiate the relocation claim.
10) When necessary analyze billings to determine their reasonableness.
11) Assemble the appropriate claim forms and documentation for signature
and submission to the Contractor for approval.
d. Replacement Housing Payment.
•
2
1) Determine eligibility of the resident to receive this relocation payment.
2) Survey the housing market and prepare a comparable housing analysis to
determine the limit on amount of payment.
3) Inspect the replacement housing to determine if the dwelling meets the
requirements of decent, safe and sanitary housing.
4) Analyze the mortgage data on the acquired and replacement dwellings to
determine eligibility for an interest differential payment.
5) Assemble the appropriate claim forms and documentation for signature
and submission for approval.
e. Other.
1) The Consultant shall prepare, at the Contractor's request, the required
and proper formats to be used by the Contractor in notifying occupant
being displaced about their relocation eligibility and benefits to which they
may be entitled. The Consultant will also, upon the Contractor's request,
assist the Contractor in the preparation of the required notices to vacate
for delivery to the residents.
2) The Consultant shall search for replacement sites for the residents being
displaced and refer suitable, comparable housing found to each resident.
The Consultant shall expend appropriate and necessary time searching
for such referrals, documenting all time expended. The Consultant does
not warrant that suitable referrals will be found.
f. Recommendations.
The Consultant will transmit to the Contractor the relocation claim(s) for its
action. Recommendations will include the amount of payment to be made
and any special considerations. Recommendations will be made in a detailed
written format satisfying required regulations.
g. In completing this Contract, the Consultant does not assume the responsibility
for:
1) Preparation of status reports
2) Accounting and recordkeeping (except as related to the specific claim).
3) Arrangement of real estate closings on replacement housing.
3
4) Payment for replacement housing appraisals and moving cost estimates
and/or bids.
5) Work associated with a relocation grievance.
3. Business Relocation Services Implementing the Project
a. The Consultant will distribute an informational booklet on business relocation
assistance and all appropriate forms and data to each business expected to
be displaced. At this time the Consultant will:
1) Obtain a signed receipt for the informational statement provided by the
Consultant in accordance with applicable regulations.
2) Explain the business relocation program and the business's
responsibilities to receive benefits.
3) Explain how to receive various. kinds of assistance in finding new
locations.
4) Survey the business's relocation needs
5) Advise the business's owner(s) of their right to appeal the amount of each
payment and the services provided, as well as the procedure to follow.
b. Upon the Contractor's initiation of negotiations to acquire the project site, the
Consultant will:
1) Analyze the existing data to determine the appropriate documentation
required and determine the eligibility of the business's relocation expenses for
compensation.
2) Check the personal property inventory against the acquisition data to verify
that each item on the inventory is personal property and eligible for relocation.
3) Assist the business in determining the more advantageous payment
alternative to claim and provide further instructions on how to proceed.
c. Moving Expense Claims.
1) Assist the business in preparing specifications for work generally eligible for
compensation.
2) Advise when necessary on procedure to obtain required bids.
4
3) Act when appropriate as agent in regard to accepting bids.
18 4) Analyze the bids to determine their reasonableness.
5) Notify the business of the low acceptable bid.
6) When appropriate inspect the move of personal property while in progress.
7) Assist the business in assembling all invoices, paid receipts, and other
documentation necessary to substantiate its relocation claim.
8) When necessary analyze billings to determine their reasonableness.
9) When appropriate, advise claimant of eligible reestablishment costs and
assist in assembling documentation of costs incurred.
10) Assemble the appropriate claim form and documentation for signature and
submission for approval.
d. Direct Loss Claims
1) Develop a moving cost estimate and secure a direct loss appraisal for each
item not to be moved.
• 2) Obtain business and contractor approval of the appraisal and moving
estimate.
3) Notify the business to proceed with the sale and provide instructions
regarding necessary recordkeeping.
4) Assist when necessary in the preparation of advertising.
5) If necessary determine that bonafide sale requirements have been met.
6) Assist the business with preparation of necessary documents and obtain
required certifications of sales receipts, advertising, and so forth.
e. Fixed Payment Claims.
1) Determine eligibility of the business to receive this alternate payment.
2) Review and analyze IRS or other appropriate documents to determine limit of
the payment.
3) Assemble the appropriate claim forms and documentation for signature and
submission for approval.
5
• f. Other.
1) The Consultant shall prepare, at the Contractor's request, the required and
proper formats to be used by the Contractor in notifying occupant being
displaced about their relocation eligibility and benefits to which they may be
entitled. The Consultant will also, upon the Contractor's request, assist the
Contractor in the preparation of the required notices to vacate for delivery to
the residents.
2) The Consultant shall search for replacement sites for the businesses being
displaced and refer available suitable sites found to each business. The
Consultant shall expend appropriate and necessary time searching for such
referrals, documenting all time expended. The. Consultant does not warrant
that suitable referrals will be found.
g. Recommendations.
The Consultant will transmit to the Contractor the relocation claim(s) for its
action. Recommendations will include the amount of payment to be made and
any special considerations.
h. In completing this Contract, the Consultant does not assume the responsibility
. for:
1) Preparation of status reports.
2) Accounting and recordkeeping (except as related to the specific claim).
3) Payment for direct loss appraisals, property analyses; and moving cost
estimates and/or bids.
4) Work associated with a relocation grievance.
4. Relocation Planning Services
a. The Consultant will provide relocation survey services which will include the
following:
1) An estimate of the number of households to be displaced including
information such as owner/tenant status, rental rates of tenant-occupied
properties to be acquired, family characteristics, and special consideration
of the impacts on minorities, the elderly, large families, and the
handicapped when applicable.
•
6
2) An estimate of the number of comparable replacement dwellings in the
• area (including price ranges and rental rates) that are expected to be
available to fulfill the needs of those households displaced.
3) An estimate of the number, type, and size of the businesses to be
displaced and the approximate number of employees that may be
affected.
4) Consideration of any special relocation advisory services or possibility of
last resort housing needs that maybe required for the project relocations.
B. Data to be Furnished by Contractor.
The Contractor does hereby agree to furnish to the Consultant any such and all
data, documents, studies, surveys, reports, or other materials and services mutually
agreed upon by the Contractor and the Consultant as being relevant to this effort.
All such data, documents, studies, surveys, reports and other materials and services
shall be provided to the Consultant in a timely manner in light of the purpose of this
Contract.
C. Compensation.
The Contractor agrees to make monthly payment to the Consultant in the amount of
• $70.00 per hour, portal to portal, for each and every hour expended. All office
overhead, secretarial services and other supportive services shall be included within
such hourly charge. The contract amount shall not exceed $126,750.
D. Method of Payment
Monthly requisitions will be made subject to receipt of an invoice from the Consultant
specifying the time and subject matter for which it has performed the work under this
Contract, and that it is entitled to receive the amount requisitioned under the terms of
the Contract. The Contractor will make payment on such invoices within 35 days
from submission; provided, however, that payment shall not be made for any
incomplete, inaccurate, or defective work until same is remedied by Consultant
without additional cost to the Contractor.
E. Scope of Work.
To provide services as delineated in the Contract in support of the Cedar Avenue
Airport Noise Mitigation Area Project.
F. Court Preparation.
It is understood and agreed that the amount of compensation stated above does not
include necessary court preparation and testimony, and that in the event the
7
testimony of the Consultant is required in any legal proceeding in connection with
i the relocation of occupants for the project.
The Consultant agrees to bring its file up to date, to make the necessary
preparations for testimony, and to appear as a witness on behalf of the Contractor
on the dates required, and further agrees that the fair and reasonable compensation
for its services shall be at the rate of $260 per half day, plus necessary and
reasonable travel expenses. Any part of a day less than four hours expended by the
Consultant shall constitute a half-day for the purpose of this section. of this Contract.
G. Contract Period.
The Consultant shall commence performance of this Contract upon execution of this
Contract, after the release of the project by the Contractor, and shall complete
performance of this Contract no later than sixty (60) days after the last occupant of
real property has filed their final relocation claim.
H. Interest of Certain Federal Officials.
No member of or delegate to the Congress of the United States, and no other
Federal Official, shall be admitted to any share or part of this contract or to any
benefit to arise herefrom.
• I. Covenant Against Contingent Fees.
The Consultant warrants that it has not employed or retained any company or
persons, other than a bonafide employee or technical subcontractor working solely
for the Consultant, to solicit or secure this Contract, and that it has not paid or
agreed to pay any company, or person other than a bonafide employee or technical
subcontractor working solely for the Consultant any fee, commission, percentage,
brokerage fee, gift or any other consideration, contingent upon or resulting from the
award or making of the Contract. For breach or violation of this warranty, the
Contractor shall have the right to annul this Contract with liability.
J. Changes in Contract
The Contractor or the Consultant may, from time to time, request changes in the
scope of the services to be performed hereunder. Such changes, including any
increase or decrease in the amount of the Consultant's compensation, which are
mutually agreed upon by and between the Contractor and the Consultant shall be
incorporated in written amendments to this contract.
K. Termination of Contract.
The Contractor or the Consultant may terminate this Contract or renegotiate this
Contract upon thirty (30) days written notice of such. In the event of termination, all
8
property and finished or unfinished documents, data, studies, and reports purchased
or prepared by the Consultant under this Contract shall be disposed of according to
Contractor directives and the Consultant shall be entitled to compensation for any
unreimbursed expenses reasonably and necessarily incurred in satisfactory
performance of this Contract.
L. Extent of Agreement.
This Contract represents the entire and integrated agreement between the
Consultant and the Contractor and supersedes all prior negotiations, representations
or agreements, either written or oral. This Contract-may be amended only by written
instrument signed by both Consultant and Contractor.
M. Personnel.
1. The Consultant represents that it has or will secure all personnel required in
performing the services under this Contract as provided above.
2. All of the services required hereunder will be performed by the Consultant or
under its supervision, and all personnel engaged in the work shall be fully
qualified and shall be authorized under State and local law to perform such
services.
N. Non-Discrimination.
The Consultant will not discriminate against any employee, or applicant for
employment because of race, creed, color, sex, national origin, religion, marital
status, disability, status in regard to public assistance, or age. The Consultant will
take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, creed, color, sex,
national origin, religion, marital status, disability, status in regard to public
assistance, or age. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment advertising; layoff or ,
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
Contractor setting forth the provisions of this nondiscrimination clause. In addition,
the Consultant will, in all solicitations or advertisements for employees placed by or
on behalf of the Consultant, state that all qualified applicants will receive
consideration for employment without regard to race, creed, color, sex, national
origin, religion, marital status, disability, status in regard to public assistance, or age.
0. Interest of Members of Contractor
•
9
No member of the governing body of the locality in which the project is situated, and
no other officer, employee, or agent of the Contractor who exercises any functions or
responsibilities in connection with the carrying out of services to which this contract
pertains, shall have any personal interest, direct or indirect, in this Contract.
P. Interest of Consultant.
The Consultant covenants that it presently has no interest and shall not acquire
throughout the duration of this Contract any interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required to be
performed under this Contract. The Consultant further covenants that in the
performance of this Contract no person having such an interest shall be employed.
Q. Workmen's Compensation.
The Consultant, at its expense, shall provide Workmen's Compensation insurance
coverage for all of its employees involved in the performance of this Contract.
R. Copyright.
If this Contract results in any book or other copyrightable material, the Consultant is
free to copyright the work, but the Contractor will have the right of royalty free, non-
exclusive and irrevocable right to reproduce, publish or otherwise use the work for
government purposes.
S. "Attachment A" is hereby made a part of the Contract. "Attachment A" consists of
two pages containing ten numbered paragraphs.
IN WITNESS WHEREOF, the Contractor and the Consultant have executed this
Contract on or as of the date above written.
By: Attest:
Conworth, Inc.
Its:
By: Attest:
Conworth, Inc.
Its:
•
10
0 By: Attest:
Its Mayor
By:
Its City Manager
•
•
Attest:
11
•
Attachment A
1. RIGHT TO AUDIT. To insure compliance with all applicable Federal regulations
and laws, the Commissioner on the Minnesota Department of Transportation,
hereinafter referred to as the "Commissioner," or his representative, shall have the
.right to audit, evaluate and monitor, as deemed necessary, the work to be
performed under this Agreement. In addition, as provided under Minn. Stat. Sec.
16.095, all books, records, documents and accounting procedures and practices of
the City of Richfield hereinafter referred to as "Contractor," are subject to
examination by the Commissioner or his authorized representative and either the
legislative auditor or the State auditor as appropriate.
2. INSPECTION OF WORK. The Commissioner shall, at all times during the
agreement and for the three (3) years from the date of the final payment of Federal
funds to the State with respect to the project, be accorded proper facilities for
inspection of the work hereunder and shall at all times have access to the premises,
to all books, records, correspondence, instruction, receipts, vouchers, memoranda
of every description pertaining to the work hereunder. The Federal Highway
Administration shall have the same right of inspection as accorded the
Commissioner herein.
3. RECORDS. Contractor shall maintain accurate records as to all costs incurred in
connection with the subject of this agreement and shall produce or cause to be
produced for examination bills, invoices, vouchers and other reports and
information at such reasonable time and place as may be designed by the Federal
Highway Administration or by the Commissioner or his duly authorized
representatives and shall permit extracts and copies to be made thereof.
4. COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State and
local laws, together with all ordinances and regulations applicable to the, work.
5. NONDISCRIMINATION REGULATIONS. During the performance of. this
agreement, Contractor itself, its assignees and successors in interest agrees to
comply with Title VI of the Civil Rights Act of 1964, as amended. Accordingly, 49
Code of Federal Regulations (CFR) 21 through Appendix H and 23 CFR 710.405
(b) are made a part hereof by reference with the same force and effect as though
fully set forth herein.
6. MINORITY BUSINESS ENTERPRISE POLICY. It is the policy of the Federal
Department of Transportation and the State that Disadvantaged Business
Enterprises and Women Business Enterprises as defined in 49 CFR, Part 23, shall
have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement.
Consequently, the requirements of 49 CFR, Part 23, apply to this agreement.
In this regard, Contractor shall take all necessary and reasonable steps in
accordance with 49 CFR, Part 23, to insure that Disadvantaged Business
Enterprises and Women Business Enterprises have the maximum opportunity to
compete for and perform on contracts and subcontracts. The Contractor shall not
perform on contracts and subcontracts. The Contractor shall not discriminate on
the basis of race, color, national origin, or sex in the award and performance of
federally funded contracts under the terms of this agreement. Failure to carry out
the above requirements shall constitute a breach of this agreement by the State,
and possible debarment from performing other contractual services with the Federal
Department of Transportation.
7. ANTITRUST CLAUSE. Contractor hereby assigns to the State of Minnesota any
and all claims for overcharges as to goods and/or services provided in connection
with this agreement resulting from antitrust violations which arise under the antitrust
laws of the United States and the antitrust laws of the State of Minnesota.
8. SUBLETTING. The services of the consultant to be performed hereunder shall not
be assigned, sublet, of transferred unless written authority to do so is granted by
the County. This written consent shall in no way relieve the Consultant from
primary responsibility for performance of the work.
9. WORKERS' COMPENSATION. Evidence of workers' compensation insurance
coverage shall be provided to the City prior to beginning any work.
10. OWNERSHIP OF DOCUMENTS. Any reports, studies, photographs, negatives, of
other documents prepared by contractor in the performance on its obligation under
this contract shall be the exclusive property of the City and all such material shall be
remitted to the City by Contractor upon completion, termination, or cancellation of
this contract. Contractor shall not use such material for any purpose other than
performance of Contractor's obligation under this contract without the prior written
consent of the City.
2
•
AGENDA SECTION: CONSENT
AGENDA ITEM # J 114
REPORT # L u u
=- STAFF REPORT
CITY COUNCIL MEETING
AUGUST 149 2000
•
PERRY THORVIG,
REPORT PREPARED BI': COMMUNITY DEVELOPMENT SPECIALIST
NAME, TITLE
BRUCE PALMBORG,
REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR
NAME, TITTLE
ACTING DEPARTMENT DIRECTOR
REVIEW:
4416IOATURE
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the execution of a Phase II Environmental Site Assessment Professional
Services Agreement for 66th Street and Trunk Highway 77 Interchange Project.
I. RECOMMENDED ACTION:
By Motion: Approve the execution of Phase II Environmental Site
Assessment Professional Services Agreement with Liesch
Associates, Inc. for 66th Street and Trunk Highway 77 Interchange
Project.
•
III. BACKGROUND
The City of Richfield is in the process of acquiring right-of-way in the 66th and
Cedar Avenue area for the realignment of the access ramps for TH 77. Part of the
acquisition process involves environmental site assessments to document any
environmental contamination. There are two different kinds of assessments that
can be done on a property. They are called Phase I and Phase II assessments.
The Phase I assessments involve a walk-over survey of the site and research
involving the reporting of any spills or environmental pollution problems. A Phase 11
assessment is warranted when the research in Phase I reveals that there could be
evidence of pollution. Phase II work commonly involves soil borings and testing to
measure the actual level of pollution on site.
0814Liesch
• Liesch Associates, Inc. (Liesch) has completed half of the Phase I assessments.
They recommend that Phase II assessments be done on six properties. These
properties are 6311, 6325, 6405, 6409-17, 6521, and 6529 Cedar Avenue. The total
cost of the work would be $25,559. More Phase II assessments are likely. Phase I
reports have not been received yet for the Amoco station or Morrow Towing
properties as well as seven other properties.
I III.
•
These assessments will be paid for by the City and reimbursed by the Metropolitan
Airport Commission (MAC). MAC has found the assessment costs to be
reasonable.
BASIS OF RECOMMENDATION
A. POLICY
• Entering into Professional Services Agreements with project
consultants is a standard procedure. The City is bound by the MAC
agreement to contract with the vendor of their choice.
B. CRITICAL ISSUES
• Timing of the availability of this service is important to the schedule.
C. FINANCIAL I
The site assessment costs are reasonable based on experience in
other projects and with the knowledge that these properties have been
used for industrial purposes.
D. LEGAL
• Legal counsel has reviewed the proposed agreement.
IIV.
I V:
I E. TIMING
• Work will be initiated within two weeks of authorization.
• The goal is to have title and possession of all property by December
31, 2000.
ALTERNATIVE RECOMMENDATIONS) I
• Reject the proposal and direct staff to seek new proposals.
ATTACHMENTS
• Attachment A, Proposed agreement
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• • N/A
0814Liesch
Attachment A
0
ENVIRONMENTAL SITE ASSESSMENTS
PROFESSIONAL SERVICE AGREEMENT
THIS AGREEMENT made and entered into by and between the City of Richfield,
STATE OF MINNESOTA, hereinafter referred to as the City, and the Liesch Associates,
Inc. hereinafter referred to as Liesch.
WITNESSETH:
WHEREAS, the City wishes to purchase the services of Liesch; 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 Liesch agree as follows:
1. TERMS AND COST OF THE AGREEMENT
• Liesch agrees to furnish services to the City as indicated on Attachment A for
properties at 6311, 6325, 6405, 6409-17, 6521, and 6529 Cedar Avenue by October
1, 2000. The total cost of this Agreement shall not exceed $25,559. All reports,
memos, and other data produced by Liesch become the property of the City.
2. PAYMENT FOR SERVICES
Invoices may be submitted monthly. Payment for services shall be made
directly to Liesch by check. Invoices shall be of sufficient detail for the City to
determine the activity and personnel for which payment is being made. Payment
shall be made within 30 days of receipt of an invoice by the City.
3. INDEPENDENT CONTRACTOR
Liesch shall select the means, method, and manner of performing the services
herein in consultation with the City. Nothing is intended or should be construed in
any manner as creating or establishing the relationship of copartners between
Liesch and the City or as constituting Liesch as the agent, representative, or
employee of the City for any purpose or in any manner whatsoever Liesch is to be
and shall remain an independent contractor with respect to all services performed
under this Agreement. Liesch 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 Liesch or other persons while engaged in the performance of
any work or services required by 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
0814Liesch
or the Workers' Compensation Act of the State of Minnesota on behalf of said
personnel, arising out of employment or alleged employment, including, without
i limitation, claims of discrimination against Liesch, its officers, agents, contractors, or
employees shall in no way be the responsibility of the City. Liesch 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 other 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.
4. NONDISCRIMINATION
No person shall be excluded from or denied the benefits of any service performance
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. Liesch shall (1) furnish all information and reports which may be
required by the City's Affirmative Action Policy, and (2) it shall comply with the City's
Equal Employment Opportunity/Affirmative Action Policies with regard to
employment and contracting (See Exhibit B).
5. INDEMNITY AND INSURANCE
Liesch 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 Liesch, its
agents, employees, or assignees in performance of the services provided by this
contract, and against all loss by reason of the failure of Liesch to fully perform in any
respect, all obligations under this contract.
6. 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.
7. RECORDS - AVAILABILITY
Liesch agrees that the City, the State Auditor, 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 Liesch and involve
0814Liesch
transactions relating to this Agreement. Records shall be retained for three years
from date of final payment with respect to the project.
8. NON-ASSIGNMENT
Liesch 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.
9. MERGER AND MODIFICATION'
a. It is understood and agreed that the entire Agreement between the parties is
contained herein and that 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.
10. DEFAULT AND CANCELLATION
a. If Liesch 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 default is excused, the City, may upon
written notice, 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. Such
consent shall not constitute a general waiver or relinquishment throughout
the entire term of the Agreement.
C. This Agreement may be canceled without cause by either party upon twenty
(20) days written notice.
11. CONTRACT ADMINISTRATION
In order to coordinate the services of Liesch with the activities of the City so as to
accomplish the purposes of this contract, Katia Medvetski shall manage this
contract on behalf of the City.
•
0814Liesch
12. NOTICES
•
Any notice or demand which must be given or made by a party hereto
under the terms of this Agreement shall be in writing.
Notices shall be sent as follows:
City of Richfield
Perry Thorvig
Community Development Department
City Hall
6700 Portland Avenue South
Richfield, MN 55423
Liesch having signed this contract, and the City.having duly approved this contract
on August 14, 2000 and pursuant to such approval and the proper City officials
having signed this contract, the parties hereto agree to be bound by the provisions
herein set forth.
•
•
Approved as to legality, form and
execution.
KENNEDY & GRAVEN, CHARTERED
City Attorney
Date:
CITY OF RICHFIELD
STATE OF MINNESOTA Liesch Associates, Inc.
City Manager
0814Liesch
STATE OF MINNESOTA )
0 .
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2000, by Samantha Orduno, the City Manager, of the City of
Richfield, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the
city.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
STATE OF MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledge before me this day of
2000, by , the
of Liesch Associates, Inc. a corporation under the laws of
Minnesota, on behalf of the corporation.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
•
0814Liesch
Exhibit A
Phase II work to be provided by Liesch
at 6311, 6325, 6405, 6409-17, 6521, and 6529 Cedar Avenue
Work Scope
a. Liesch will mobilize an environmental technician to and from the sites as necessary to
perform field activities. Arrangements will be made to contact utility companies prior to
performing any work to identify the locations of underground utilities. The current
owner will be responsible for locating private utilities.
b. Advance Geoprobe or hand auger borings in appropriate locations on the property.
c. Provide project management and evaluate the data collected and prepare a report
presenting the results of the borings and Liesch's conclusions concerning the relative
magnitude of the impacts to soil at the property. This report will include a site location
map and site diagram. Based on the results of the investigation, additional work may
be necessary to meet regulatory and/or development needs.
Scheduling
Liesch will begin field work within two or three weeks upon receiving written authorization.
it The field work on each property is scheduled to take one and one-half days depending on
field conditions. Upon receiving the final laboratory chemistry results (two week turn
around time), the final report will be submitted within one week for City review. If further
investigation, a corrective action design or risk assessment is warranted, Liesch will
provide an additional cost estimate for completing this work. All work will be completed by
October 1, 2000.
0814Liesch
•
AGENDA SECTION: CONSENT
AGENDA ITEM # 3M
REPORT # 199
STAFF REPORT
M099A COUNCIL MEETING:
AUGUST 14, 2000
KATIA MEDVETSKI,
REPORT PREPARED BY: REDEVELOPMENT SPECIALIST
NAME. TITLE
REPORT PRESENTER: BRUCE PALMBORG,
COMMUNITY DEVELOPMENT DIRECTOR
NAME TITLE
ACTING DEPARTMENT DIRECTOR
REVIEW:
? \ SI RE
REVIEWED BY CITY MANAGER: 13/
1 \"JJ\ ///I
ITEM FOR COUNCIL CONSIDERATION:
Consideration of two (2) Professional Services Agreements for the 66th Street and Trunk
Highway 77 Interchange Project.
I. RECOMMENDED ACTION:
By Motion: Approve execution of two (2) Review Appraiser
Professional Services Agreement for the 66th Street and Trunk
Highway 77 Interchange project.
III. BACKGROUND I
On or about March 31, 2000, the Metropolitan Airports Commission (MAC)
selected a review appraiser, Scott Ruppert of Ruppert & Ruppert Associates, Inc.
for the project. On April 24, 2000, the City Council approved a Professional
Services Agreement with Mr. Ruppert. Due to the complexity involved in the
appraisal review process, MAC, staff and legal counsel have identified the need
for additional review appraisers.
• Attached for Council consideration are the Professional Services Agreements for
Mr. Messner and Mr. Liedl. Both are on the project team as appraisers for
0814psa66
certain property in the Project. Their task as review appraisers encompasses
S review appraisal work that does not include reviewing their own appraisal reports
III. BASIS OF RECOMMENDATION
A. POLICY
• Entering into Professional Services Agreement with project
consultants is a standard operating procedure.
• MAC has concurred with the selection of the review appraisers.
B. CRITICAL ISSUES
• Time is of the essence to contract with the additional review
appraisers in order to make offers to property owners in
September.
C. FINANCIAL I
• MAC is providing the funding for the Project, including the cost of
the additional review appraisers.
• The agreements are each for $7,500.
D. LEGAL I
• The City's legal counsel reviewed and approved the Review
Appraiser Professional Service Agreement for Mr. Messner and Mr.
Liedl.
E. TIMING
• The work of the review appraisers must be completed by August 30,
2000.
• The City must have title and possession of all project properties by
December 31, 2000.
IV. ALTERNATIVE RECOMMENDATION(S)
• Delay approval of the Review Appraiser Professional Services
Agreements.
• Do not approve the Review Appraiser Professional Service Agreements.
V. ATTACHMENTS
• Two (2) Review Appraiser Professional Services Agreements
VI. PRINCIPAL PARTIES EXPECTED AT
MEETING
i N/A
0814psa66
REVIEW APPRAISAL
• PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into by and between the City of Richfield,
State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423,
ATTN: Katia Medvetski), hereinafter referred to as the "City" and Patchin Messner
Appraisals, Inc., (whose address is Skyline Square Building, Suite 220, 12940 Harriet Avenue
South, Burnsville, MN 55337, ATTN: Jason Messner), hereinafter referred to as "Appraiser".
WITNESSETH:
WHEREAS, the City wishes to purchase the services of the Appraiser for the 66h
Street/T.H. 77 Interchange Project; and
WHEREAS, there are funds available for the purchase of these services.
NOW, THEREFORE, in consideration of the mutual undertakings and agreements
hereinafter set forth, the City and the Appraiser agree as follows:
1. TERMS AND COST OF THE AGREEMENT
The Appraiser agrees to furnish services to the City in accordance with the terms of this
Agreement. Appraiser shall complete review appraisal reports for the properties listed on
Exhibit A attached hereto no later than August 27, 2000. The fee for the review appraisal
reports shall be $7,500.00 for the properties listed on Exhibit A. The fee for subsequent
services, including attending meetings for coordination, strategy and pre-trial and hearings, if
any, where Appraiser is required to attend or for preparation of further reports addressing the
impact of environmental contaminants on the value of the property shall be at the rate of
$125.00 per hour. The fee for and attendance at Commission hearings or District Court by
the Appraiser shall be at the rate of $125.00 per hour. The fee for testimony as an expert
witness in Commission hearings or District Court by the Appraiser shall be at the rate of
$150.00 per hour.
2. SERVICES TO BE PROVIDED
Appraisal reports prepared pursuant to this Agreement shall conform to recognized
professional appraisal standards, the Uniform Standards of Professional Appraisal Practice
(USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to
the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way
Manual. Appropriate maps and plans for the Project will be furnished by the City.
3. PAYMENT FOR SERVICES
Payment for services shall be made directly to the Appraiser after completion of the services
upon the presentation of a claim in the manner provided by law governing the City's
payment of claims and/or invoices. Payment shall be made within 45 days from receipt of
the invoice and following certification by the Appraiser.
• 4. INDEPENDENT CONTRACTOR
The Appraiser shall select the means, method, and manner of performing the services herein.
Nothing is intended or should be construed in any manner as creating or establishing the
relationship of copartners between the parties hereto or as constituting the Appraiser as the
agent, representative, or employee of the City for any purpose or in any manner whatsoever.
The Appraiser is to be and shall remain an independent contractor with respect to all services
performed under this Agreement. The Appraiser represents that it has or will secure at its
own expense all personnel required in performing services under this Agreement. Any and
all personnel of the Appraiser or other persons while engaged in the performance of any
work or services required by the Appraiser under this Agreement shall have no contractual
relationship with the City, and shall not be considered employees of the City. Any and all
claims that may or might arise under the Unemployment Compensation Act or the Workers'
Compensation Act of the State of Minnesota on behalf of said personnel, arising out of
employment or alleged employment, including, without limitation, claims of discrimination
against the Appraiser, its officers, agents, contractors, or employees shall in no way be the
responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its
officers, agents, and employees harmless from any and all such claims irrespective of any
determination of any pertinent tribunal, agency, board, commission, or court. Such personnel
or others persons shall neither require nor be entitled to any compensation, rights, or benefits
of any kind whatsoever from the City, including, without limitation, tenure rights, medical
and hospital care, sick and vacation leave, Workers' Compensation, Unemployment
Insurance, disability, severance pay and PERA.
5. NONDISCRIMINATION
In accordance with the City's policies against discrimination, no person shall be excluded
from or denied the benefits of any service performed or contemplated under the terms of this
Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status,
public assistance status, ex-offender status, or national origin; and no person who is protected
by applicable Federal or State laws against discrimination shall be otherwise subjected to
discrimination. If the Appraiser is not an individual or sole proprietorship: (1) it shall
furnish all information and reports which may be required by the City's Affirmative Action
Policy; and (2) it shall adopt and comply with the City's Equal Employment
Opportunity/Affirmative Action Policies with regard to employment and contracting.
6. INDEMNITY AND INSURANCE
The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees
harmless from any liability claims, damages, costs, judgments, or expenses, including
reasonable attorney fees, resulting directly or indirectly from an act or omission (including
without limitation professional errors or omissions) of the Appraiser his agents, employees,
or assignees in performance of the services provided by this contract, and against all loss by
reason of the failure of said Appraiser to fully perform in any respect, all obligations under
• this Agreement.
9 7. DATA PRIVACY
Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning
the handling and disclosure of private and confidential information concerning individuals
and/or data including but not limited to information made non-public by such laws or
regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City
as confidential until released by counsel for the City.
8. RECORDS -AVAILABILITY
The Appraiser agrees that the City, the State Auditor, Federal personnel or any of their duly
authorized representatives at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and
transcribe any books, documents, papers, records, etc., which are pertinent to the accounting
practices and procedures of the Appraiser and involve transactions relating to this
Agreement. Records shall be retained for three years from date of final payment of Federal
funds to the State with respect to the Project.
9. NON-ASSIGNMENT
The Appraiser shall not assign, subcontract, transfer, or pledge this contract and/or the
services to be performed hereunder, whether in whole or in part, without the prior written
consent of the City.
10. MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All items referred to in this Agreement
are incorporated or attached and are deemed to be part of this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an amendment
to this Agreement signed by the parties hereto.
11. DEFAULT AND CANCELLATION
a. If the Appraiser fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the Appraiser's default is excused, upon written notice to the
Appraiser the City may immediately cancel the Agreement in its entirety.
b. The City's failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
• unless consented to in writing. Any such consent shall apply only to the specific
circumstances described in the writing granting the consent and in no event shall
constitute a general waiver or relinquishment throughout the entire term of the
Agreement unless specifically so stated.
c. This Agreement may be cancelled with or without cause by either party upon ten (10)
days written notice to the other parry.
12. CONTRACT ADMINISTRATION
In order to coordinate the services of the Appraiser with the activities of the City so as to
accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall
manage this Agreement on behalf of the City and serve as liaison between the City and the
Appraiser.
13. RECYCLING PROGRAM
The City encourages the Appraiser to develop and implement an office paper and newsprint
recycling program.
14. NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of this
Agreement or any statute or ordinance shall be in writing, and shall be sent registered or
certified mail to the other party at the address stated in the opening paragraph of this
Agreement.
Approved as to legality, form and execution.
KENNEDY & GRAVEN, CHARTERED
City Attorney
Date:
CITY OF RICHFIELD I I.
STATE OF MINNESOTA APPRAISER
City Manager
0
STATE OF MINNESOTA
9 )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2000, by Samantha Orduno, the City Manager, of the City of Richfield,
Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
STATE OF MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2000, by the
of Patchin Messner Appraisals, Inc., a corporation under the laws of
Minnesota, on behalf of the corporation.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
0
9 EXHIBIT A
Description of Properties for Review Appraisal
City
Parcel Property Address PID Number
7 6345 Cedar Avenue South 25-028-24-22-0008
13/14/15/16 6429 Cedar Avenue South 25-028-24-23-0143
6437 Cedar Avenue South. 25-028-24-23-0069
6441 Cedar Avenue South 25-028-24-23-0070
6445 Cedar Avenue South 25-028-24-23-0071
17 6501 Cedar Avenue South 25-028-24-23-0001
19 6511 Cedar Avenue South 25-028-24-23-0003
0
•
I
REVIEW APPRAISAL .
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into by and between the City of Richfield,
State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423,
ATTN: Katia Medvetski), hereinafter referred to as the "City" and Bakken, Liedl, Janssen,
Day & Reach, Inc., (whose address is 8085 Wayzata Boulevard, Suite 105, Minneapolis, MN
55416, ATTN: Cletus Liedl), hereinafter referred to as "Appraiser".
WITNESSETH:
WHEREAS, the City wishes to purchase the services of the Appraiser for the 661h
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:
15. TERMS AND COST OF THE AGREEMENT
The Appraiser agrees to furnish services to the City in accordance with the terms of this
Agreement. Appraiser shall complete review appraisal reports for the properties listed on
Exhibit A attached hereto no later than August 30, 2000.. The fee for the review appraisal
reports shall be $7,500.00. The fee for subsequent services, including attending meetings for
coordination, strategy and pre-trial and hearings, if any, where Appraiser is required to attend
or for preparation of further reports addressing the impact of environmental contaminants on
the value of the property shall be at the rate of $150.00 per hour. The fee for and attendance
at Commission hearings or District Court by the Appraiser shall be at the rate of $150.00 per
hour. The fee for testimony as an expert witness in Commission hearings or District Court by
the Appraiser shall be at the rate of $150.00 per hour.
16. 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.
17. PAYMENT FOR SERVICES
Payment for services shall be made directly to the Appraiser after completion of the services
upon the presentation of a claim in the manner provided by law governing the City's
payment of claims and/or invoices. Payment shall be made within 45 days from receipt of
the invoice and following certification by the Appraiser.
0 18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. MERGER AND MODIFICATION
b. 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.
25. DEFAULT AND CANCELLATION
d. 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.
e. 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.
f. This Agreement may be cancelled with or without cause by either parry upon ten (10)
days written notice to the other party.
26. 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.
27. RECYCLING PROGRAM
The City encourages the Appraiser to develop and implement an office paper and newsprint
recycling program.
28. NOTICES
Any notice or demand which must be given or made by a parry 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 III.
STATE OF MINNESOTA APPRAISER
City Manager
9
STATE OF MINNESOTA
0 )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2000, by Samantha Orduno. the City Manager, of the City of Richfield,
Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
STATE OF MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2000, by , the
of Bakken, Liedl, Janssen, Day & Reach, Inc., a corporation under
the laws of Minnesota, on behalf of the corporation.
Signature of Person Taking Acknowledgment
Notarial Stamp Or Seal (Or Other Title Or Rank)
•
EXHIBIT A
Description of Properties for Review Appraisal
City
Parcel
3
24
27
Type of
Taking Property Address
Full Fee 6315 Cedar Avenue South
Full Fee 6537-39 Cedar Avenue South
Full Fee 1720 East 66?h Street
PID Number
25-028-24-22-0003
25-028-24-23-0008
26-028-24-14-0118
0
AGENDA SECTION: CONSENT
AGENDA ITEM # IL
REPORT # 199
•
J STAFF REPORT
CITY COUNCIL MEETING
AUGUST 149 2000
•
KATIA MEDVETSKI,
REPORT PREPARED BY: REDEVELOPMENT SPECIALIST
NAME, TITLE
BRUCE PALMBORG,
REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR
NAME TITLE
ACTING DEPARTMENT DIRECTOR
REVIEW: J-? L
' ! SIGNATURE
REVIEWED BY CITY MANAGER: ?? V
ITEM FOR COUNCIL CONSIDERATION:
Consideration of two (2) resolutions authorizing condemnation of properties and outdoor
advertising signs located within the 66th Street/TH 77 Interchange Project.
L RECOMMENDED ACTION:
By Motion: Approve two (2) resolutions authorizing condemnation of
properties and outdoor advertising signs located within the 66th
Street/TH 77 Interchange Project.
II. BACKGROUND
Thirty (30) properties and three (3) outdoor advertising signs are located within the
66th Street/TH 77 Interchange Project (Project). Eminent domain/condemnation is
an integral part of the Project's acquisition schedule in order to obtain title and
possession of all properties, including outdoor advertising signs, by December 31,
2000. To ensure this, legal counsel, staff, and the Metropolitan Airports
Commission (MAC) have determined that all property for which just compensation
has been set will require condemnation action at this time. The condemnation
petitions will not be filed with the District Court until property owners receive
purchase offers and have at least 10 days to consider purchase offers.
•
The attached resolution, at Exhibit A, specifies all properties and outdoor
advertising signs necessary for condemnation action at this time. Please note the
following: The property located at 6521 Cedar Avenue (Animal Care Clinic) is not
0814condemn66
listed as condemnation action was already approved by Council on May 30, 2000.
Also, the City already has signed purchase agreements with the homeowners at
1700 East 66th Street and 1708 East 66th Street. However, per legal counsel, it is
• necessary to name them in the condemnation action at this time to ensure
possession by December 31, 2000. Both homeowners have pending closings
scheduled.
III. BASIS OF RECOMMENDATION
A. POLICY I
• The City has legal authority to acquire private property by eminent
domain for a public purpose.
• The properties and outdoor advertising signs within the Project have
previously been identified for purchase.
• The Memorandum of Understanding between the City, the Minnesota
Department of Transportation (MnDOT) and the MAC outlines the
responsibilities of each agency as to property acquisition and
construction.
• Right-of-way acquisition procedures set forth by MnDOT are being
followed.
B. CRITICAL ISSUES I
• Council's approval of condemnation action at this time will allow the
City to act in a timely manner based on the project schedule.
• Condemnation action does not preclude the City and property owners
from negotiating a settlement.
C. FINANCIAL I
• MAC is obligated to fund the purchase process, whether by outright
purchase negotiations or condemnation action.
D. LEGAL I
• The City's legal counsel, MAC and staff have been coordinating efforts
to ensure timely possession of the necessary properties and outdoor
advertising signs for the Project.
I E. TIMING
• Approval of the two condemnation resolutions will permit City's legal
counsel to file the condemnation petition immediately for those
properties which Council approved just compensation on June 12,
2000 and July 24, 2000 as offers have been outstanding for at least
10 days. (There are 12 properties involved.)
• Pending Council's approval of just compensation for properties and
outdoor advertising signs on August 14, 2000, the second
condemnation petition will be filed after property owners have had ten
• days to consider purchase offers. (There are seven properties and
three billboards involved.)
• Appraisal work, just compensation determination, offers, and the
council action related to condemnation on the final ten properties will
occur at a later date.
• I IV. ALTERNATIVE RECOMMENDATION(S)
• The Council can choose to delay approval of condemnation action, or to not
approve condemnation action. However, this would be inconsistent with
agreements in place with MnDOT and MAC.
V. ATTACHMENTS
• Two resolutions authorizing and directing the condemnation of certain
property for street purposes.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
N/A
0
RESOLUTION NO.
RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION
OF CERTAIN PROPERTY FOR STREET PURPOSES
WHEREAS, the City Council of the City of Richfield is the official governing body of
the City of Richfield; and
. WHEREAS, the City of Richfield, Minnesota, a municipal corporation, acting by and
through its City Council, is authorized by law to acquire land needed for public use or
purpose; and
WHEREAS, according to the Environmental Impact Statement for the new North-
South runway to be built by the Metropolitan Airports Commission, the interchange of TH
77 and 66th Street requires upgrade; and
WHEREAS, the layouts of the new interchange will accommodate the increased
traffic generated by the new air cargo facility and the redevelopment planned for the east
side of Richfield consistent with the City's Airport Mitigation Plan; and
WHEREAS, the plan and design for the 66th Street and TH 77 Interchange Project
(Project) require that the real estate and outdoor advertising signs described herein be
acquired to implement the Project; and
WHEREAS, the City Council finds that it is reasonable, necessary, proper and
convenient, for a public purpose, and in the interest of the public health, safety,
convenience, and general welfare of the citizens of the City that title to and possession of
the real estate and outdoor advertising signs hereinafter described be acquired in
furtherance of the Project; and
WHEREAS, the City Council finds that the funding and construction schedule for
the Project make it necessary to acquire title and possession of the real estate and outdoor
advertising signs hereinafter described prior to the filing of the final report of the
condemnation commissioners to be appointed by the district court.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, that it is the considered judgment of the Council that the property described in
Exhibit A attached hereto and incorporated herein, be acquired in fee simple absolute for
the stated public purposes, and that it be acquired, if necessary, through the exercise of
the power of eminent domain.
BE IT FURTHER RESOLVED, that in the event the City Attorney determines that
voluntary acquisition is not likely to be achieved upon terms substantially consistent with
the City Council's determination of just compensation after the owner has had reasonable
opportunity to consider the City's offer of just compensation, the City Attorney is hereby
authorized and directed to take all steps necessary to acquire said real estate by use of
eminent domain proceedings, negotiation of early entry authorizations, and the use of the
quick take procedure as provided by Minn. Stat. § 117.042, pursuant to the City's
approved appraisal of value for said real estate and outdoor advertising signs as
determined in the City Council's resolution establishing just compensation for said
property.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
August, 2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
EXHIBIT A
.
City -Property Address
and
Parcel PID Number Legal Description
5 6333 Cedar Ave. Lots 9 and 10, Block 15, New Ford Town,
25-028-24-22-0060 Hennepin County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
9 6409 Cedar Ave. Lots 3 and 4, Block 8, New Ford Town,
25-028-24-23-0065 Hennepin County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
10 6417 Cedar Ave. Lot 5, Block 8, New Ford Town, Hennepin
25-028-24-23-0066 County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
11 6421 Cedar Ave. Lot 6, Block 8, New Ford Town, Hennepin
& 25-028-24-23-0067 County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
12 6425 Cedar Ave. Lots 7 and 8, Block 8, New Ford Town,
25-028-24-23-0142 Hennepin County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
18 6509 Cedar Ave. Lot 3, Block 1, New Ford Town, Hennepin
25-028-24-23-0002 County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
22 6529 Cedar Ave. Lot 8, Block 1, New Ford Town, Hennepin
25-028-24-23-0006 County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
• gaps, overlaps and gores, appurtenant thereto.
0814--66/TH 77 condemnation
Property Address
city and
Parcel PID Number Legal Description
• 25 1820 E. 66th St. Lot 1, Lot 13, and the South 50 feet of Lot 2,
26-028-24-14-0054 Block 1, Iverson's 3?d Addition, Hennepin
County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
26 1800 E. 66th St. Lot 14, Block 1, Iverson's 3r° Addition,
26-028-24-14-0064 Hennepin County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
28 1714 E. 66th St. Lot 2, Block 4, Iverson's 3r° Addition, Hennepin
26-028-24-14-0119 County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
29 1708 E. 66th St. Lot 3, Block 4, Iverson's 3`° Addition, Hennepin
26-028-24-14-0120 County, Minnesota
• Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
30 1700 E. 66th St. Lot 4, Block 4, Iverson's 3`° Addition, Hennepin
26-028-24-14-0121 County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
•
RESOLUTION NO.
RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION
OF CERTAIN PROPERTY FOR STREET PURPOSES
WHEREAS, the City Council of the City of Richfield is the official governing body of
the City of Richfield; and
WHEREAS, the City of Richfield, Minnesota, a municipal corporation, acting by and
through its City Council, is authorized by law to acquire land needed for public use or
purpose; and
WHEREAS, according to the Environmental Impact Statement for the new North
South runway to be built by the Metropolitan Airports Commission, the interchange of TH
77 and 66th Street requires upgrade; and
WHEREAS, the layouts of the new interchange will accommodate the increased
traffic generated by the new air cargo facility and the redevelopment planned for the east
side of Richfield consistent with the City's Airport Mitigation Plan; and
WHEREAS, the plan and design for the 66th Street and TH 77 Interchange Project
(Project) require that the real estate and outdoor advertising signs described herein be
acquired to implement the Project; and
WHEREAS, the City Council finds that it is reasonable, necessary, proper and
convenient, for a public purpose, and in the interest of the public health, safety,
• convenience, and general welfare of the citizens of the City that title to and possession of
the real estate and outdoor advertising signs hereinafter described be acquired in
furtherance of the Project; and
WHEREAS, the City Council finds that the funding and construction schedule for
the Project make it necessary to acquire title and possession of the real estate and outdoor
advertising signs hereinafter described prior to the filing of the final report of the
condemnation commissioners to be appointed by the district court.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, that it is the considered judgment of the Council that the property described in
Exhibit A attached hereto and incorporated herein, be acquired in fee simple absolute for
the stated public purposes, and that it be acquired, if necessary, through the exercise of
the power of eminent domain.
BE IT FURTHER RESOLVED, that in the event the City Attorney determines that
voluntary acquisition is not likely to be achieved upon terms substantially consistent with
the City Council's determination of just compensation after the owner has had reasonable
opportunity to consider the City's offer of just compensation, the City Attorney is hereby
authorized and directed to take all steps necessary to acquire said real estate by use of
eminent domain proceedings, negotiation of early entry authorizations, and the use of the
quick take procedure as provided by Minn. Stat. § 117.042, pursuant to the City's
0 approved appraisal of value for said real estate and outdoor advertising signs as
determined in the City Council's resolution establishing just compensation for said
property.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
• August, 2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
EXHIBIT A
Property Address
City and
Parcel PID Number Legal Description
1 6301 Cedar Ave. Lot 3, Block 15, New Ford Town, Hennepin
25-028-24-22-0001 County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
2 6311 Cedar Ave. Lot 4, Block 15, New Ford Town, Hennepin
25-028-24-22-0002 County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
4 6325 Cedar Ave. Lots 6, 7, and 8, Block 15, New Ford Town,
25-028-24-22-0004 Hennepin County, Minnesota
•
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
6 6341 Cedar Ave. Lot 11, Block 15, New Ford Town, Hennepin
25-028-24-22-0007 County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
8 6405 Cedar Ave. Lots 1 and 2, Block 8, New Ford Town,
25-028-24-23-0064 Hennepin County, Minnesota
•
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
21 6525 Cedar Ave. Lot 7, Block 1, New Ford Town, Hennepin
25-028-24-23-0005 County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
23 6533 Cedar Ave. Lot 9, Block 1, New Ford Town, Hennepin
25-028-24-23-0007 County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements,
gaps, overlaps and gores, appurtenant thereto.
0814--66/TH 77 condemnation
•
Property Address
City and
Parcel PID Number Legal Description
--- Billboard located at N/A
6315 Cedar Avenue
25-028-24-22-0003
--- Billboard located at N/A °
6405 Cedar Ave.
25-028-24-23-0064
--- Billboard located at N/A
6537-39 Cedar Ave.
25-028-24-23-0008
0
AGENDA SECTION: CONSENT
AGENDA ITEM # 4K
REPORT # 197
•
=Oda STAFF REPORT
CITY COUNCIL MEETING
•
AK.ycUST 1-4r 2900
KATIA MEDVETSKI,
REPORT PREPARED BY: REDEVELOPMENT SPECIALIST
NAA- TITLE
BRUCE PALMBORG,
REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR
ACTING DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY MANAGER:
NAW TITLE
Ell"
SIGNATURE
A
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution establishing just compensation and authorizing the purchase of
properties and outdoor advertising signs for the 66th Street /TH 77 Interchange Project.
1. RECOMMENDED ACTION:
By Motion: Approve a resolution establishing just compensation and
authorizing the purchase of properties and outdoor advertising signs
for the 66th Street /TH 77 Interchange Project.
II. BACKGROUND I
On February 28, 2000, the City Council approved a Right of Way Agreement with
the Metropolitan Airports Commission (MAC) which provides for the acquisition of
properties impacted by the 66th Street and Trunk Highway 77 Interchange Project
(Project). Under the acquisition process, MAC also reserves the right to undertake
final review of all appraisal reports and approve City staff recommendations of just
compensation to the City Council for approval.
On February 29, 2000, appraisal work began for all properties. Based on MAC's
recommendations to date, the City Council has approved just compensation for 13
of 30 parcels required for the project. The current request for just compensation is
for the following seven (7) parcels and three (3) outdoor advertising signs:
0814jcbatch2_km
city
Parcel Property Address PID Number
1 6301 Cedar Ave. 1 25-028-24-22-0001
2 6311 Cedar Ave. 25-028-24-22-0002
4 6325 Cedar Ave. j 25-028-24-22-0004
6 j 6341 Cedar Ave. 25-028-24-22-0007
8 j 6405 Cedar Ave. 1 25-028-24-23-0064
21 6525 Cedar Ave. 1 25-028-24-23-0005
23 6533 Cedar Ave. I 25-028-24-23-0007
--- Outdoor Advertising Sign N/A
at 6315 Cedar Ave.
--- Outdoor Advertising Sign N/A
at 6405 Cedar Ave.
--- Outdoor Advertising Sign N/A
at 6537 Cedar Ave.
As previously indicated to Council, in addition to the just compensation figures
referenced in the approving resolution, the property owners may also be eligible for
relocation benefits. The relocation benefits will be calculated separately by the
City's acquisition/relocation consultant, Conworth, Inc., once offers are made to
property owners in accordance with the Uniform Relocation Act.
Ten (10) parcels are still in the appraisal review stage. These properties are:
city
Parcel Property Address PID Number
3 6315 Cedar Ave. 1 25-028-24-22-0003
7 1 6345 Cedar Ave. 25-028-24-22-0008
13* 6429 Cedar Ave. 25-028-24-23-0143
14* 6437 Cedar Ave. 25-028-24-23-0069
15* 6441 Cedar Ave. 25-028-24-23-0070
16* 6445 Cedar Ave. 25-028-24-23-0071
17 1 6501 Cedar Ave. I 25-028-24-23-0001
19 1 6511 Cedar Ave. I 25-028-24-23-0003
24 6537-39 Cedar Ave. 25-028-24-23-0008
27 1720 E. 66"' St. 1 26-028-24-14-0118
*Common ownership
It is anticipated that the review appraisal work for the latter properties, including
MAC review and just compensation recommendation, will be completed in time for
Council action in September.
III. BASIS OF RECOMMENDATION
A. POLICY 1
• The subject properties have been identified for purchase for the
Project.
• The Memorandum of Understanding between the City, the Minnesota
Department of Transportation (the WNDOT"), and MAC outlines the
responsibilities for each participating agency.
• The Agreement between the City and MAC further outlines the
responsibilities of each agency as to property acquisition and
construction.
• Right of Way acquisition procedures set forth by MNDOT are being
followed.
B. CRITICAL ISSUES
• Offers will be made to the property owners upon Council's approval of
just compensation and authorization to purchase.
• Properties are being processed for Council's consideration for just
compensation and purchase authorization as appraisals are received
by staff.
C. FINANCIAL
• MAC is obligated to fund this transaction.
D. LEGAL
N/A
E. TIMING I
• Closings will be scheduled as negotiations are completed.
• Based on other right of way acquisition projects, owners will be able
to remain in the property for an interim period to help make moving as
smooth as possible. Vacation, however, must be completed by
December 31, 2000.
IV. ALTERNATIVE RECOMMENDATION(S)
• The Council may choose to delay approval of the just compensation and
authorization to acquire the project properties or not approve them at this
time. However, this would be inconsistent with agreements in place with
MnDot and MAC.
V. ATTACHMENTS
• Resolution.
VI. PRINCIPAL PARTIES EXPECTED AT
MEETING
• N/A
0
RESOLUTION NO.
RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING
PURCHASE OF REAL PROPERTY LOCATED AT 6301, 6311, 6325, 6341, 6405,
6525, AND 6533 CEDAR AVENUE; AND OUTDOOR ADVERTISING SIGNS
LOCATED AT 6315, 6405, AND 6537 CEDAR AVENUE
(66TH STREET / TH 77 INTERCHANGE PROJECT)
WHEREAS, the City of Richfield, Minnesota desires to purchase certain real
property, immovable fixtures and equipment, and outdoor advertising signs pursuant to
and in furtherance of the 66th Street/TH 77 Interchange Project (Project) heretofore
adopted by the City of Richfield (City) said real property and outdoor advertising signs
being described on Exhibit A, together with all abutting streets and alleys, vacated or to be
vacated, and all easements, gaps, overlaps and gores, appurtenant thereto; and
WHEREAS, the City has adopted a layout for Project improvements; and
WHEREAS, the Project improvements necessitate the purchase of real property,
immovable fixtures and equipment appurtenant thereto, and outdoor advertising signs; and
WHEREAS, the City is authorized by Minnesota Statutes to acquire real property
within its corporate boundaries; and
WHEREAS, the Metropolitan Airports Commission (MAC) is initially funding the
Project; and
WHEREAS, the City has caused appraisals for the properties to be made by
qualified independent professional appraisers to determine fair market value of real estate
and immovable fixtures and equipment appurtenant thereto; and
WHEREAS, the City has caused appraisals for the outdoor advertising signs to be
made by a qualified independent professional appraiser to determine salvage value of the
outdoor advertising signs; and
WHEREAS, a qualified review appraiser has certified the real estate appraisal
reports as being in conformity with appraisal standards; and
WHEREAS, a qualified fixture review appraiser has certified the immovable fixtures
and equipment appraisal reports as being in conformity with appraisal standards; and
WHEREAS, MAC has reviewed all appraisal reports and review appraisal reports
prepared for the properties and the City staff recommendations of just compensation for
the real estate, immovable fixtures and equipment relating thereto, and outdoor advertising
signs and concurs that such amounts should be determined by the City Council as the just
compensation for such properties, as indicated in Exhibit A; and
WHEREAS, MAC has also recommended that the City proceed to make offers to
the owners of the properties and outdoor advertising signs in the just compensation
amounts as indicated within Exhibit A.
WHEREAS, the just compensation amounts indicated within Exhibit A are
consistent with said appraisal reports and review appraisal reports.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. That the total just compensation for each of the individual parcels of real estate and the
immovable fixtures and equipment relating thereto, and outdoor advertising signs are
found to be the amounts indicated in Exhibit A.
2. That the City's agent, Conworth, Inc. is authorized and directed to submit to property
owners the City's offer to pay such just compensation amount for all interests in each
such property and commence negotiations for the purchase of said property.
3. That the City's agent, Conworth, Inc. is hereby directed to notify, in writing, the owners
of the properties that the City intends to acquire the property indicated in Exhibit A and
establish eligibility for relocation benefits.
4. That the City Manager and Mayor are authorized to execute purchase agreements in a
form acceptable to them and take all other actions necessary to complete the purchase
of the properties for the amount of just compensation set forth in this resolution.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
August, 2000.
Martin J. Kirsch, Mayor
ATTEST:
•
Thomas P. Ferber, City Clerk
s ? •
EXHIBIT A
Property Address Immovable
City and Fixtures and
Parcel PID Number Legal Description Real Estate Equipment Total
1 6301 Cedar Ave. Lot 3, Block 15, New Ford Town, Hennepin County, $220,000 $7,135 $227,135
25-028-24-22-0001 Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements, gaps,
overlaps and gores, appurtenant thereto.
2 6311 Cedar Ave. Lot 4, Block 15, New Ford Town, Hennepin County, $225,000 $7,165 $232,165
25-028-24-22-0002 Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements, gaps,
overlaps and gores, appurtenant thereto.
4 6325 Cedar Ave. Lots 6, 7, and 8, Block 15, New Ford Town, $300,000 $21,175 $321,175
25-028-24-22-0004 Hennepin County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements, gaps,
overlaps and gores, appurtenant thereto.
6 6341 Cedar Ave. Lot 11, Block 15, New Ford Town, Hennepin $207,000 $16,640 $223,640
25-028-24-22-0007 County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements, gaps,
overlaps and gores, appurtenant thereto.
8 6405 Cedar Ave. Lots 1 and 2, Block 8, New Ford Town, Hennepin $217,000 $13,180 $230,180
25-028-24-23-0064 County, Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements, gaps,
overlaps and gores, appurtenant thereto.
Property Address Immovable -?
City and Fixtures and
Parcel PID Number Legal Description Real Estate Equipment Total
21 6525 Cedar Ave. Lot 7, Block 1, New Ford Town, Hennepin County, _ $190,000 $20,260 $210,260
25-028-24-23-0005 Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements, gaps,
overlaps and gores, appurtenant thereto.
23 6533 Cedar Ave. Lot 9, Block 1, New Ford Town, Hennepin County, $105,000 N/A $105,000
25-028-24-23-0007 Minnesota
Together with all abutting streets and alleys,
vacated or to be vacated, and all easements, gaps,
overlaps and gores, appurtenant thereto.
LCity Parcel Property Address Salvage Value
- - - Outdoor Advertising Sign located at 6315 Cedar Ave., Richfield, MN $1,500
--- Outdoor Advertising Sign located at 6405 Cedar Ave., Richfield, MN $300
- - - Outdoor Advertising Sign located at 6537 Cedar Ave., Richfield, MN $300-
•
AGENDA SECTION: CONSENT
AGENDA ITEM # 3J
REPORT # 196
STAFF REPORT
mada CITY COUNCIL MEETING
AUGUST 149 2000
REPORT PREPARED BY: GLENN MORK, POLICE LIEUTENANT
NAME, TITLE
REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY
NAME, TITLE
0
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
E9 De S?
SIGNATURE
v ?-
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution between the Minnesota Department of Public Safety and the City
of Richfield, Department of Public Safety, pertaining to City participation in the Safe & Sober
Communities program.
1. RECOMMENDED ACTION:
By Motion: approve a resolution regarding an agreement between the
Office of Traffic Safety in the Minnesota Department of Public Safety
and the City of Richfield, Department of Public Safety, authorizing
participation in the Safe & Sober program and the acceptance of a
grant should one become available.
III. BACKGROUND I
The Public Safety Department, Police Division, submitted an application for the Safe
& Sober Communities program after being notified that funds might be available.
• It is not known at this time if Richfield will receive a grant; however, it is necessary
to have a resolution on file authorizing Richfield's participation should these funds
be made available.
0814SafeandSober
III
BASIS OF RECOMMENDATION
A. POLICY
• In the past, Richfield has participated in the Safe & Sober
Communities programs and received funds to pay overtime to officers
to work on traffic enforcement.
• Richfield has some of the highest traffic volumes in the State due to
being bounded on three sides by major highways and being bisected
by 1-35W. Additionally, Penn, Lyndale, Nicollet and Portland Avenues
carry large amounts of traffic going into and out of Minneapolis.
• Because of frequent traffic congestion on these routes, motorists
routinely use residential streets in an attempt to by-pass congested
areas. This results in a myriad of traffic violations and occasional
accidents.
•
B. CRITICAL ISSUES
• Safe & Sober funds will be used for overtime identification and
enforcement of these traffic concerns, in addition to D.U.I.
enforcement, underage alcohol usage and safety restraint usage.
C. FINANCIAL
It is not known at this time what amount of grant funds will be set
aside for the City of Richfield.
I IV
V
D. LEGAL
• N/A
ALTERNATIVE RECOMMENDATION(S)
• The Council could disapprove the resolution allowing Richfield Public Safety
to participate in the Safe & Sober program. This would prevent Richfield
from receiving any funds from the Office of Traffic Safety for the Safe &
Sober Communities project.
ATTACHMENTS
Resolution authorizing Richfield Public Safety Department to participate in
and accept grant funds from the Safe & Sober Communities project.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
•
RESOLUTION NO.
RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY DEPARTMENT'S
ACCEPTANCE OF SAFE & SOBER COMMUNITIES GRANT FUNDS
WHEREAS, the Governor has designated the State of Minnesota, Office of Traffic
Safety in the Minnesota Department of Public Safety (hereinafter called the STATE) as the
agency responsible for administration of a project entitled SAFE & SOBER
COMMUNITIES, during the period from October 1, 2000 through September 30, 2001; and
WHEREAS, the STATE is authorized to make contracts from state funds to
qualified applicants; and
WHEREAS, the City of Richfield, Public Safety Department (hereinafter called the
GRANTEE), is authorized to accept state funds for overtime for traffic enforcement
programs; and
WHEREAS, GRANTEE represents that it is duly qualified and willing to carry out
the tasks described above.
NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enters into a
cooperative agreement with the Office of Traffic Safety in the Minnesota Department of
Public Safety for the project entitled Safe & Sober Communities. Samantha Orduno, City
Manager, is hereby authorized to execute such agreements and amendments as are
necessary to implement the project on behalf of the City of Richfield, Department of Public
Safety, and to be the fiscal agent and administer the grant.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
August, 2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
•
AGENDA SECTION: CONSENT
AGENDA ITEM # 31
REPORT# 195
moda STAFF REPORT
CITY COUNCIL MEETING
0
AUGUST 149 2000
REPORT PREPARED BY: BETSY CHRISTENSEN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
NAME, TITLE
REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
?a f?YLL
SIGNATURE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the request for the renewal of a lawful gambling license, with the request for a
fee waiver, for the Church of St. Peter, 6730 Nicollet Avenue South.
1. RECOMMENDED ACTION:
By Motion: Council approve the renewal of a lawful gambling license
with a request for a fee waiver for the Church of St. Peter, 6730
Nicollet Avenue South.
III. BACKGROUND
On July 31, 2000, the Church of St. Peter submitted an application for the renewal
of their lawful gambling license. The application requests renewal for their bingo,
raffle, and pull-tab operations.
The Public Safety Department has conducted the required background investigation
and has determined that the applicant has complied with all requirements.
0 Finally, the applicant is requesting the $100 investigation fee be waived.
0814Peter
III. BASIS OF RECOMMENDATION
S • The applicant has complied with State statutes and City codes pertaining to
lawful gambling.
• The applicant has submitted the request within 60 days of the renewal of the
license.
• The applicant has demonstrated that the gambling activity requested is a
benefit to the community.
A. POLICY I
• 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 City has, in the past, approved the request for a lawful gambling
license for the Church of St. Peter and has experienced no problems
involving this activity.
• The City has also, in the past, waived the fee for this license.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• The Council could disapprove the renewal request and the fee waiver;
however, staff has determined that there is no basis for this alternative.
V. ATTACHMENTS
• Resolution.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Church of St. Peter staff.
RESOLUTION NO.
A RESOLUTION GRANTING APPROVAL FOR
THE CHURCH OF ST. PETER
TO CONDUCT LAWFUL GAMBLING
WHEREAS, the Church of St. Peter has submitted an application for renewal of
their lawful gambling license; and
WHEREAS, Minnesota State Statute Section 349.213 provides authority for review
of applications by local authorities; and
WHEREAS, Section 1100.13 of the Richfield City code provides regulation of lawful
gambling; and
WHEREAS, the Department of Public Safety has completed an investigation of the
application and finds the application to be in order.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, City of
Richfield, Minnesota, as follows:
1. That a lawful gambling license be granted to the Church of St. Peter, 6730
Nicollet Avenue South.
2. The investigation fee be waived.
Passed by the City Council of the City of Richfield, Minnesota this 14th day of
August, 2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
AGENDA SECTION CONSENT
AGENDA ITEM # 3H
REPORT # 194
10 waga STAFF REPORT
CITY COUNCIL MEETING
AUGUST 149 2000
REPORT PREPARED BY: .JIM TOPITZHOFER, RECREATION
SERVICES DIRECTOR
NAME, TITLE
REPORT PRESENTER: .JIM TOPITZHOFER, RECREATION
SERVICES DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: Ll'
SIWATURE
REVIEWED BY CITY MANAGER: 1
ITEM FOR COUNCIL CONSIDERATION:
Re-allocation of 2000 capital improvement budget from the completed Community Garden
Replacement project to the Wood Lake Emergency Bridge Repair project.
1. RECOMMENDED ACTION:
Approve the re-allocation of 2000 capital improvement budget funds
from the completed Community Garden Replacement project fund to
the Wood Lake Emergency Bridge Repair fund.
II. BACKGROUND
In 1999, the Council approved the allocation of capital improvement funds to
replace the Richfield Community Gardens, which were displaced by airport
expansion. Now, with that project complete, staff is recommending re-allocating the
remaining $23, 416.03 to fund the reconstruction of several bridges at Wood Lake
Nature Center. Staff has already allocated $15,000 in capital funds towards this
project. The additional $23,416.03 will sufficiently cover the project, which is
nearing completion.
III. BASIS OF RECOMMENDATION
A. POLICY
0814 bridge funds
• Recreation Services staff has worked with Public Works staff to
administer and supervise the project, which represents the final phase
of the Wood Lake Trail Raising project.
B. CRITICAL ISSUES
• Due to the effect of fluctuating stormwater levels in Wood Lake, the
raising of trails and reconstruction of bridges became necessary.
• Wood Lake visitors are eager to have the bridge reconstruction
completed and the trails fully re-opened.
C. FINANCIAL I
• Recreation Services and Public Works have jointly handled the Trail
Raising/Bridge Reconstruction project and these funds are crucial to
pay for this final phase.
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Do not approve the fund re-allocation and suggest an alternate source of
funding for the project.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
0 None
AGENDA SECTION CONSENT
AGENDA ITEM # 3G
REPORT # 193
STAFF REPORT
CITY COUNCIL MEETING
AUGUST 149 2000
REPORT PREPARED BY: Jim TOPITZHOFER, RECREATION
SERVICES DIRECTOR
NAME, TITLE
REPORT PRESENTER: JIM TOPITZHOFER, RECREATION
SERVICES DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: ? j
O /fiNATURE
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Contracts for an Older Adult Services Collaborative between the City and two Richfield older
adult housing facilities.
1. RECOMMENDED ACTION:
Approve the contracts for an Older Adult Services Collaborative
between the City of Richfield and two older adult housing facilities in
Richfield.
II. BACKGROUND
In an effort to reach out to the older adult housing facilities in Richfield, Recreation
Services staff approached Gramercy Corporation and Twin City Christian Homes,
Inc. to propose the formation of a collaborative that would extend Richfield's older-
adult services to their housing facilities. Community Center Manager Lil Hipp would
spend time at these housing sites to facilitate the effort.
III. BASIS OF RECOMMENDATION
A. POLICY
B. CRITICAL ISSUES I
0814 older adult contracts
• Recreation Services staff are eager to make outreach efforts to the
older adult housing facilities in Richfield.
• An existing staff member, Community Center Manager Lil Hipp, will
provide this outreach and establish a presence in Richfield's older
adult housing facilities.
C. FINANCIAL
• The collaborative will expand the provision of existing older adult
services while providing a new revenue stream for the City.
D. LEGAL
• The City Attorney has reviewed and approved the contracts.
IV. ALTERNATIVE RECOMMENDATION(S)
• Do not approve the Older Adult Services Collaborative contracts.
V. ATTACHMENTS
• Older Adult Services Collaborative Contracts
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
•
0
. CITY OF RICHFIELD
OLDER ADULT SERVICES COLLABORATIVE
AGREEMENT WITH GRAMERCY CORPORATION
This agreement, made this day of , 2000, by and between the City of Richfield
(hereinafter called "City") and Gramercy Corporation (hereinafter called "Gramercy"), 7900
International Drive, Ste. 1035, Bloomington, MN 55425, is for the commencement of a
collaboration between the two parties for the provision of older adult services, effective from the
day this agreement is signed until December 31, 2001.
WITNESSETH: The City and Gramercy, in consideration of the terms herein, do hereby agree as
follows:
The collaborative will enable an expansion and coordination of older adult services into
Richfield senior housing facilities. In order to effect this growth of these City services, the City
will dedicate a staff professional, Richfield Community Center Manager, Lil Hipp, to regularly
facilitate an open dialog between the City, housing residents, housing staff, and the housing
board. Lil Hipp will be scheduled approximately eight hours per week at each site.
• The collaborative will form a strong link to the community through the City's regular distribution
centers and marketing outlets, which will be used to market programs created through the
collaborative. The City employs a variety of means to reach the community, including:
- Richfield Recreation Brochure
Received by 17, 000 households four times per year.
- Your City
A monthly publication featuring service information received by 17,000 households per year.
- Community Center Changes Newsletter
Highlights older-adult programs, volunteers, and participants received by over 1, 500 older
adults.
- City of Richfield Website
10, 000 hits per year and growing; ability to link directly to each senior housing site.
- Cable Television Bulletin Board (local cable channel 34)
Bulletin board and special broadcasts to 9, 000 cable subscribers.
- Richfield Sun-Current
Publishes City press releases on regular basis to 17, 000 subscribers.
- Display Areas at Public Buildings
Including City Hall sign and outdoor marquis at the Community Center, Ice Arena, and Pool.
Membership in the collaborative will require a $500 monthly fee to offset the additional
expenses incurred by the City for the services of Lil Hipp and to offset clerical support and
distribution costs. Lil Hipp will be on-site approximately eight hours per week. The fee will be
payable by the first of each month or for the entire year in one payment. Payment can be sent
to John Evans, City of Richfield, 7000 Nicollet Avenue South, Richfield, MN 55423.
• Gramercy will provide a work space for Lil Hipp equipped with a phone jack for internet access
• in the Gramercy premises. The City will be responsible to provide computer equipment and will
pay internet fees.
This agreement may be terminated by either party for any reason upon at least two (2) months
written notice to the other. This agreement shall terminate at midnight on December 31, 2001,
with no extension or holding over unless the parties have agreed upon terms and a new written
agreement has been executed. Any prepaid fees will be prorated and reimbursed to Gramercy
in the event the agreement is terminated prior to December 31, 2000.
• Lil Hipp will converse with Gramercy staff and board in determining effective provision and
facilitation of these services.
This collaborative agreement will be renewable on an annual basis.
In testimony whereof both parties have hereunto set their hands the day and year written below.
Dated at Richfield, Minnesota, this
Signatures for Gramercy Corporation
By
Its
Signatures for the CITY OF RICHFIELD, MINNESOTA
By
Its Mayor
By
Its City Manager
0
CITY OF RICHFIELD
OLDER ADULT SERVICES COLLABORATIVE
AGREEMENT WITH Twin City Christian Homes Inc.
This agreement, made this day of , 2000, by and between the City of Richfield
(hereinafter called "City") and Twin City Christian Homes (hereinafter called "TCCH"), 7645
Lyndale Ave. S., Richfield, MN 55423, is for the commencement of a collaboration between the
two parties for the provision of older adult services, effective from the day this agreement is signed
until December 31, 2001.
WITNESSETH: The City and TCCH, in consideration of the terms herein, do hereby agree as
follows:
The collaborative will enable an expansion and coordination of older adult services into
Richfield senior housing facilities. In order to effect this growth of these City services, the City
will dedicate a staff professional, Richfield Community Center Manager, Lil Hipp, to regularly
facilitate an open dialog between the City, housing residents, housing staff, and the housing
board. Lil Hipp will be scheduled approximately eight hours per week at each site.
• The collaborative will form a strong link to the community through the City's regular distribution
centers and marketing outlets, which will be used to market programs created through the
collaborative. The City employs a variety of means to reach the community, including:
- Richfield Recreation Brochure
Received by 17, 000 households four times per year.
- Your City
A monthly publication featuring service information received by 17, 000 households per year.
- Community Center Changes Newsletter
Highlights older-adult programs, volunteers, and participants received by over 1, 500 older
adults.
- City of Richfield Website
10, 000 hits per year and growing; ability to link directly to each senior housing site.
- Cable Television Bulletin Board (local cable channel 34)
Bulletin board and special broadcasts to 9, 000 cable subscribers.
- Richfield Sun-Current
Publishes City press releases on regular basis to 17, 000 subscribers.
- Display Areas at Public Buildings
Including City Hall sign and outdoor marquis at the Community Center, Ice Arena, and Pool.
Membership in the collaborative will require a $500 monthly fee to offset the additional
expenses incurred by the City for the services of Lil Hipp and to offset clerical support and
distribution costs. Lil Hipp will be on-site approximately eight hours per week. The fee will be
payable by the first of each month or for the entire year in one payment. Payment can be sent
to John Evans, City of Richfield, 7000 Nicollet Avenue South, Richfield, MN 55423.
• TCCH will provide a work space for Lil Hipp equipped with a phone jack for internet access in
• the TCCH premises. The City will be responsible to provide computer equipment and will pay
internet fees.
• This agreement may be terminated by either party for any reason upon at least two (2) months
written notice to the other. This agreement shall terminate at midnight on December 31, 2001,
with no extension or holding over unless the parties have agreed upon terms and a new written
i agreement has been executed. Any prepaid fees will be prorated and reimbursed to TCCH in
the event the agreement is terminated prior to December 31, 2000.
• Lil Hipp will converse with TCCH staff and board in determining effective provision and
facilitation of these services.
• This collaborative agreement will be renewable on an annual basis.
In testimony whereof both parties have hereunto set their hands the day and year written below.
Dated at Richfield, Minnesota, this
Signatures for Twin City Christian Homes, Inc.
By
Its
Signatures for the CITY OF RICHFIELD, MINNESOTA
•
By
Its Mayor
By
Its City Manager
AGENDA SECTION: CONSENT
AGENDA ITEM # 3F
REPORT # 192
STAFF REPORT
CITY COUNCIL MEETING
AUGUST 149 2000
REPORT PREPARED BY: MIKE EASTLING, PUBLIC WORKS DIRECTOR
NAME TITLE
REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: /? -
(?JSI ATURE
REVIEWED BY CITY MANAGER: \(V /? dv
ITEM FOR COUNCIL CONSIDERATION:
Consideration of resolution between the City of Richfield and Minnesota Department of
Transportation for federal participation in right-of-way acquisition to extend 77th Street for the
underpass of Highway 77
1. RECOMMENDED ACTION:
By Motion: Adopt the resolution which allow the Minnesota
Department of Transportation to act as the City's agent in accepting
federal aid in connection with right-of-way acquisition to extend 77th
Street for the underpass of Highway 77.
II. BACKGROUND
Phase III of the 77th Street project is to extend 77th Street to underpass Highway
77. The project is eligible for federal aid funds. The proposed Agency Agreement
No. 80312 between the City of Richfield and the Minnesota Department of
Transportation (MnDOT) allows for MnDOT to act as the City's agent in accepting
federal aid in connection with right-of-way/land acquisition for the project.
•
0814ROW77Agree
III. BASIS OF RECOMMENDATION
A. POLICY
• The 77th Street underpass of Highway 77 is identified in Richfield as City
Project 431-30-630, in MnDOT records as State Project 157-108-030,
and in Federal Highway Administration records as Minnesota Project
HPP MN 10 (100).
• Minnesota Statutes Section 161.36 allows the City to have MnDOT act as
its agent in accepting federal funds in its behalf for the construction,
improvement, or enhancement of transportation financed either in whole
or in part by federal funds.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
The estimated cost of the right-of-way acquisition for the 77th Street
underpass of Highway 77 is $7,885,460. It is anticipated that 80%0 (up to
$6,308,368) of the cost is to be paid from federal funds made available
by the Federal Highway Administration and that the remaining 20% will
be paid evenly between MnDOT and the City. The City's share of the
cost will be paid through the Municipal State Aid (gas tax) account.
D. LEGAL
• No legal issues are apparent at this time. The City Attorney will be in
attendance at the Council meeting should a legal question arise.
IV. ALTERNATIVE RECOMMENDATION(S)
• Council may choose not to proceed with the 77th Street underpass of Highway
77 project. However, the City has long had a commitment to completing 77th
Street between 1-35W and 24th Avenue as a detached frontage road to 1-494.
• Council may choose not to enter into Agency Agreement 80312. However, this
could slow down, if not totally jeopardize, the right-of-way/land acquisition for the
77th Street underpass of Highway 77.
V. ATTACHMENTS
State of Minnesota Agency Agreement 80312 between the Department of
Transportation and the City of Richfield allowing MnDOT to act as the City's
agent in accepting federal aid in connection with the extension of 77th Street to
underpass Highway 77.
• Resolution accepting State of Minnesota Agency Agreement 80312 and
authorizing the Mayor and City Manager to execute the agreement on behalf of
the City of Richfield.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
0 None.
RESOLUTION NO.
RESOLUTION AUTHORIZING ACCEPTANCEOF STATE OF MINNESOTA
AGENCY AGREEMENT NO. 80312 BETWEEN
THE DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD
FOR FEDERAL PARTICIPATION IN RIGHT-OF-WAY/LAND ACQUISITION
FOR EXTENSION OF 77TH STREET FOR THE UNDERPASS OF HIGHWAY 77
WHEREAS, the City of Richfield is proposing a federal aid project to extend 77th Street
for the underpass of Highway 77; and
WHEREAS, the project is eligible for the expenditure of federal aid funds, and is
identified in the City of Richfield as City Project 431-30-630, and is identified in Minnesota
Department of Transportation records as State Project 157-108-030, and is identified in
Federal Highway Administration records as Minnesota Project HPP MN 10 (100).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield
that, pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be
appointed as Agent of the City of Richfield to accept as its agent federal aid funds which may
be made available for eligible transportation related projects.
BE IT FURTHER RESOLVED by the City Council of the City of Richfield that the Mayor
and City Manager are hereby authorized and directed for and on behalf of the City of Richfield
to execute and enter into an agreement with the Commissioner of Transportation prescribing
the terms and conditions of said federal aid participation as set forth and contained in
"Minnesota Department of Transportation Agency Agreement No. 80312," a copy of which said
agreement was before the City Council and which is made a part hereof by reference.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of August, 2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
CERTIFICATION
I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution
presented to and adopted by the City of Richfield at a duly authorized meeting thereof held on
the 14th day of August, 2000 as shown by the minutes of said meeting in my possession.
•
Thomas P. Ferber, City Clerk
Notary Public
My Commission expires
Mn/DOT Agreement No. 80312
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF RICHFIELD
FOR FEDERAL PARTICIPATION IN RIGHT-OF-WAY/LAND ACQUISITION
FOR
S.P. 157-108-030; M.P. HPP MN 10 (100)
This agreement made and entered into by and between the City of Richfield, hereinafter
referred to as the "City", and the Commissioner of Transportation of the State of Minnesota,
hereinafter referred to as "Mn/DOT",
WHEREAS, pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act
as its agent in accepting federal funds in its behalf for the construction, improvement, or
enhancement of transportation financed either in whole or in part by federal funds; and
WHEREAS, the City is proposing a federal aid project to extend 77 th Street project for the
underpass of Trunk Highway 77 hereinafter referred to as the "Project"; and
WHEREAS, the Project is eligible for the expenditure of federal aid funds, and is identified
in Mn/DOT records as State Project 157-108-030, and in Federal Highway Administration records
as Minnesota Proj ect HPP MN 10 (100); and
WHEREAS, City desires to obtain federal aid participation in eligible costs for right-of-
way/land acquisition in connection with the Project, hereinafter referred to as the "Right-of-way
Acquisition".
WHEREAS, Minnesota Statutes Section 161.36 requires that the terms and conditions of this
agency be set forth in an agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I. DUTIES OF THE CITY.
A. APPOINTMENT. Pursuant to Minnesota Statutes Section 161.36, the City appoints
Mn/DOT to act as its agent in accepting federal funds in its behalf made available for
the Right-of-Way Acquisition in connection with the Project.
B. ELIGIBILITY / COSTS. The estimated cost of the Right-of-Way Acquisition is
$ 7,885,460.00.
(Mn/DOT Agreement No. 80 ')
N:\FedAid\OLynnette\agreements\row agreements\157-108-03ORight-of-way for Project doc 2/5/00 Page l
•
1. It is anticipated that 80% (up to $ 6,308,368) of the cost of Right-of-Way
Acquisition is to be paid from federal funds made available by the Federal
Highway Administration, and that the remaining 20% will be paid evenly
between Mn7DOT and the City. Mn/DOT and the City will evenly split any
part of the cost or expense of the work that the Federal Highway
Administration does not pay.
2. Any costs incurred by the City prior to authorization, as described in section
II.B. AUTHORIZATION, will not be eligible for federal participation.
3. Eligible cost and expense, if approved, may consist of the following:
(a) Purchase price, appraisal fees incurred by the City, appraisal fees
incurred by the property owner ($500 maximum), condemnation
costs, title work, title insurance, recording fees, and closing costs.
(b) The cost incurred by the City in the employment of outside forces for
performance of all or a portion of the work hereunder as subject to the
agreement provisions of section I.G. SUBLETTING.
(c) A credit will be required for any building sales or rental income.
•
(d) The direct labor charges on each and all employees of the city for the
time that said empl9oyees shall be engaged in the work to be
performed by the City here under. Said labor charges shall included
the prorate share of "labor Additives" consisting of holiday pay,
vacation, sick leave, retirement, pension, unemployment taxes,
compensation and liability insurance, lost time charges and similar
costs incidental to labor employment will be reimbursed when
supported by adequate records.
3. Acceptability of costs under this agreement and under any agreement entered
into by the City under section I.G. SUBLETTING, will be determined in
accordance with the cost principles and procedures set forth in the applicable
Federal Acquisition Regulations, Contract Cost Principles and Procedures,
48 Code of Federal Regulations (CFR) 31 which is hereby incorporated by
reference and made a part of this agreement.
4. For costs expected to exceed $ 7,885,460.00, the City will request the
preparation and execution of a supplement to this agreement, prior to
incurring such costs.
C. SUPERVISION.
0 1. The City will furnish and assign a qualified employee of the City (Project
Manager) to be in responsible charge of the Right-of-Way Acquisition and
(Mn/DOT Agreement No. 80312)
N:\FedAid\OLynnette\agreements\row agreements\157-108-03ORight-of-way for Project.doc 2J5/00 Page 2
to supervise and direct the work to be performed under this agreement.
2. The City will furnish the personnel, services, supplies, and equipment
necessary to properly supervise, perform, inspect, and document the Right-of-
Way Acquisition.
3. The City will prepare reports, keep records, and perform work so as to enable
Mn/DOT to collect the federal aid sought by the City. All records and reports
must be retained by the City in accordance with Mn/DOT's record retention
schedule for federal aid projects.
D. REQUEST FOR PAYMENT.
1. Partial payments may be requested by the City not more than once each thirty
(30) days.
2. The City will submit to Mn/DOT's District State Aid Engineer one original
itemized invoice and supporting documentation, for eligible expenses
incurred during that period, for review, concurrence, and further processing.
5. The invoice and supplements thereto, will contain all details that may be
necessary for a proper audit. Such details must consist of at least the
following:
(a) Parcel number, area acquired, and other pertinent data affecting the
cost of right-of-way such as structures, improvements, and fences.
(b) Cost of Parcel.
(c) Cost of excess land, if any, acquired from same ownership.
(d) A detailed breakdown of outside services used and supporting
invoices. Documentation that costs of outside services have been
paid.
(e) The invoices will include 100% of eligible charges applicable to the
Right-of-Way Acquisition so that the prorata share of federal and City
participation can be applied to the total costs.
(f) A statement certifying work completed, which must be signed by the
City's Project Manager.
4. Reimbursement of costs under this agreement will be based on actual costs.
(Mn/DOT Agreement No. 9,0312)
N:\FedAid\OLynnette\agreements\row agreements\157-108-03ORight-of-way for Project.doc 2/5/00 Page 3
E. LIMITATIONS. The City will comply with all federal, state and local laws, together
with all ordinances and regulations applicable to the work.
• 1. Nondiscrimination. It is the policy of the Federal Highway Administration
and the State of Minnesota that no person in the United States shall, on the
grounds of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any
program or activity, receiving Federal financial assistance (42 U.S.C. 2000d).
Through expansion of the mandate for nondiscrimination in Title VI and
through parallel legislation, the prescribed bases of discrimination include
race, color, sex, national origin, age, and disability. In addition, the Title VI
program has been extended to cover all programs, activities and services of
an entity receiving Federal financial assistance, whether such programs and
activities are Federally assisted or not. Even in the absence of prior
discriminatory practice or usage, a recipient in administering a program or
activity to which this part applies, is expected to take affirmative action to
assure that no person is excluded from participation in, or is denied the
benefits of, the program or activity on the grounds of race, color, national
origin, sex, age, or disability. It shall be the responsibility of the City to carry
out the above requirements.
2. Workers' Compensation. Any and all employees of the City or other persons
while engaged in the performance of any work or services required or
permitted by the City under this agreement shall not be considered employees
of Mn/DOT, and any and all claims that may arise under the Workers'
Compensation Act of Minnesota on behalf of said employees, or other
persons while so engaged will in no way be the obligation or responsibility
of Mn/DOT. The City shall require proof of Workers' Compensation
Insurance from any sub-contractor.
F. AUDIT.
1. The City must comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A-133, which are hereby
incorporated by reference and made a part of this agreement.
2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all
books, records, documents, and accounting procedures and practices of the
City are subject to examination by the United States Government, Mn/DOT,
and either the legislative auditor or the state auditor as appropriate, for a
minimum of six years. The City will be responsible for any costs associated
with the performance of the audit
G. SUBLETTING. The services of the City to be performed hereunder must not be
assigned, sublet or transferred unless written authority to do so is granted by
. Mn/DOT. This written consent will in no way relieve the City from its primary
responsibility for performance of the work. Subcontractor agreements will contain
(Mn/DOT Agreement No. 9,03 ')
N:\FedAid\OLynnette\agreements\row agreements\157-108-030Right-of-way for Project.doc 2/5/00 Page 4
all appropriate terms and conditions of this agreement.
H. MAINTENANCE. The City will assume full responsibility for the operation and
maintenance of any real property acquired under this agreement. The City shall
neither sell nor change the use of the right-of-way acquired under this agreement
without prior approval of Mn/DOT and the Federal Highway Administration.
I.- CLAIMS. The City will pay any and all lawful claims arising out of or incidental to
the performance of the Right-of-Way Acquisition, in the event that the federal
government does not pay the same. In all events, the City will hold Mn/DOT
harmless from any claims arising out of the Right-of-Way Acquisition.
II. DUTIES OF Mn/DOT.
A. ACCEPTANCE. Mn/DOT accepts appointment as Agent of the City and will act in
accordance herewith.
B. AUTHORIZATION. Mn/DOT will make the necessary requests to the Federal
Highway Administration for authorization of federal participation in the Right-of-
Way Acquisition, and reimbursements therefor under the terms of this agreement.
C. PAYMENT.
• 1. Mn/DOT will receive the funds to be paid by the Federal Highway
Administration for the Right-of-Way Acquisition.
2. After review and approval of the payment request by Mn/DOT, Mn/DOT will
`reimburse the City from said funds for the eligible federal share of each
payment request.
3. No more than 90% of the reimbursement due under this agreement will be
paid until completion of the final audit and approval by Mn/DOT's
authorized representative.
D. AUTHORITY. Mn/DOT may suspend unsatisfactory work, perform actions
necessary to complete the Right-of-Way Acquisition in a satisfactory manner, and/or
withhold federal and/or state-aid funds as may be appropriate, as provided in
Minnesota State Aid Operations Rules 8820.3000.
E. INSPECTION. Mn/DOT, the Federal Highway Administration, or duly authorized
representatives will have the right to audit, evaluate and monitor the work performed
under this agreement, and will have access to all books, records, and documents
pertaining to the work hereunder, for a minimum of six years.
•
(Mn/DOT Agreement No. Ki -)
N:\FedAid\OLynnette\agreements\row agreements\157-108-03ORight-of-way for Project doc 2/5/00 Page 5
III. AUTHORIZED REPRESENTATIVES. Each authorized representative shall have
responsibility to insure that all payments due to the other party are paid pursuant to the terms
of this agreement.
A. The City authorized representative for the purposes of administration of this
agreement is Thomas Foley, Transportation Engineer, City of Richfield, 6700
Portland Avenue, Richfield, MN 55423-2599, phone 612-861-9791, or his
successor.
B. Mn/DOT's authorized representative for the purposes of administration of this
agreement is Lynnette Roshell, Minnesota Department of Transportation, State Aid
For Local Transportation, Mail Stop 500; St Paul, MN 55155, phone 651-282-6479,
or her successor.
IV. LIABILITY. Each party is be responsible for its own acts and omissions and the results
thereof to the extent authorized by law and will not be responsible for the acts and omissions
of any others and the results thereof. Mn/DOT liability is governed by the provisions of the
Minnesota Tort Claims Act, Minnesota Statutes Section 3.736 and other applicable law.
V. ASSIGNMENT. Neither the City nor Mn/DOT will assign or transfer any rights or
obligations under this agreement without prior written approval of the other party.
VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing, and
must be executed by the same parties who executed the original agreement, or their
• successors in office.
VII. TERM OF AGREEMENT. This agreement is effective upon execution by the appropriate
State officials pursuant to Minnesota Statutes Section 16C.05, and will remain in effect for
three (3) years from the effective date or until all obligations set forth in this agreement have
been satisfactorily fulfilled, whichever occurs first.
VIII. CANCELLATION.
A. This agreement may be canceled by the City or Mn/DOT at any time, with or without
cause, upon ninety (90) days written notice to the other party. Such termination will
not remove any unfulfilled financial obligations of the City as set forth in this
Agreement. In the event of such a cancellation the City will be entitled to
reimbursement for eligible expenses incurred for work satisfactory performed on the
Right-of-Way Acquisition to the date of cancellation.
B. In the event the State does not obtain funding from the Minnesota Legislature, or
funding cannot be continued at a sufficient level to allow for the processing of the
federal aid reimbursement requests, the City /County may continue the work with
local funds only, until such time as Mn/DOT is able to process the federal aid
reimbursement requests.
(Mn/DOT Agreement No. R 3 ')
N:\FedAid\OLynnette\agreements\row agreements\157-108-03ORight-of-way for Project.doe 2J5/00 Page 6
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound
thereby.
1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF TRANSPORTATION
Individual certifies that funds have been encumbered as
required by M?nn. Stat. §§ 16A.15 and 16C.05. By:
By:_
v Title: Director.
/ G ? I
? ..
State Aid for Local Transportation
' ?' 2 ?
d
D C?
1 Date:
CFMS Contract No ft-
4. COMMISSIONER OF ADMINISTRATION
2. CITY OF RICHFIELD As delegated to Materials Management Division
City of Richfield certifies that the appropriate person(s)
have executed the contract on behalf of the City of Richfield as By:
required by applicable articles, bylaws, resolutions, or ordinances.
Date:
By: 5. ATTORNEY GENERAL
As to form and execution
Title:
Date:
By:
Title:
Date:
City of Richfield's Signature Acknowledgement
This instrument was acknowledged before me this
the
(title)
the of
(title)
By:
Date:
day of
20 , by
(name)
and
(name)
(City of Richfield)
[notary seal]
•
(Mn/DOT Agreement No. g:; = ! ')
N:\FedAid\OLynnette\agreements\row agreements\157-108-030Right-of-way for Project.doc 25/00 Page 7
AGENDA SECTION: CONSENT
AUGUST 14, 2000
REPORT PREPARED BY: JOHN THOM, UTILITIES COORDINATOR
NAME, TITLE
REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: LrJ
"V A4-?, -
/SIGNATURE
REVIEWED BY CITY MANAGER: 11 /
r ITEM FOR COUNCIL CONSIDERATION:
Consideration of resolution certifying delinquent sewer and water utility accounts to the County
Auditor.
I. RECOMMENDED ACTION:
By Motion: Adopt the resolution certifying unpaid sewer and water
service charges to the County Auditor to be collected with other taxes
on said properties.
III. BACKGROUND
Chapter VII of the Richfield Ordinance Code provides that unpaid water and sewer
charges may be certified to the County Auditor to be included in a property owner's
annual property tax bill. The Ordinance Code also authorizes $25 certification fee
to be charged against each delinquent account. By certifying the delinquent
charges to the property taxes for the delinquent properties, the City is assured of
ultimately collecting the delinquent charges.
In 1999 the City Council certified $92,086.16 of delinquent charges for 242
properties, an average cost of $380.52 per account. The 2000 certification currently
under consideration totals $241,937.99 for 1,141 properties, an average of $212.04
per account.
0814Delinquent
III. BASIS OF RECOMMENDATION
A. POLICY
• State Statute and Chapter VII of the Richfield Ordinance Code provide
that unpaid water and sewer charges may be certified to the County
Auditor to be included in a property owner's annual property tax bill.
B. CRITICAL ISSUES
• Property owners owing utility charges will be notified in August and
September that failure to pay the amount owed will result in
certification to the property owners' taxes.
C. FINANCIAL
• Throughout the year, the division bills and collects charges for water,
wastewater and storm water from accounts within the City. The
delinquent accounts must be certified to the County Auditor in order
for the City to collect the charges through the property tax process. A
$25 certification is charged to each account assessed to taxes. The
assessment is spread over a period of one year at the rate of 8% per
annum.
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Do not approve the resolution. However, the certification process is the only
process the City has to collect these delinquent accounts.
V. ATTACHMENTS I
• Resolution authorizing certification of unpaid sewer and water service
charges to the County Auditor to be collected with other taxes on said
properties
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
0 None.
RESOLUTION NO.
RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID SEWER AND WATER SERVICE
CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID
PROPERTIES
WHEREAS, Ordinance Code 715 establishes rules, rates and charges for water service in the
City of Richfield; and
WHEREAS, Minnesota Statutes 444.075 provides that all delinquent water service charges not
paid may be certified to the County Auditor and shall be collected with other taxes on such property; and
WHEREAS, Ordinance Code 705 established rules, rates and charges for sanitary sewer service
in the City of Richfield; and
WHEREAS, 705.19 thereof provides that all sewer services charges not paid with 15 days after
the quarterly due date may be certified to the County Auditor with taxes against such property, and shall
be collected with other taxes on such property; and
WHEREAS, Ordinance Code 720 established rules, rates and charges for storm water service in
the City of Richfield; and
WHEREAS, 705.19 thereof provides that all storm water service charges not paid may be
certified to the County Auditor with taxes against such properties, and shall be collected with other taxes
on such property; and
WHEREAS, an assessment roll has been prepared specifying the amount, which shall be
certified against each particular property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota:
1. There is hereby determined to be a total uncollected amount for water, sanitary sewer and storm
service of $241,937.99.
2. That a $25 certification charge shall be levied against each delinquent account, such charges totaling
$28,525.00.
3. That the above-described assessment be spread over a period of one year at the rate of 8% per
annum.
4. That such amount be hereby certified to the County Auditor for collection with other taxes on said
properties.
5. That a copy of the resolution shall be sent to the Hennepin County Auditor.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of August, 2000.
ATTEST:
Martin J. Kirsch, Mayor
Thomas P. Ferber, City Clerk
AGENDA SECTION:
AGENDA ITEM #
REPORT #
J
STAFF REPORT
CITY COUNCIL MEETING
AUGUST 14, 2000
REPORT PREPARED BY:
NAAE, TITLE
REPORT PRESENTER:
NAME, TITLE
r
•
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
GEORGE L. ATKINSON,
ENGINEERING SUPERVISOR
CONSENT
3D
190
MIKE EASTLING, PUBLIC WORKS DIRECTOR
SIGNATURE
n
ITEM FOR COUNCIL CONSIDERATION:
Consideration of award of contract for paving the 7600 block of Garfield Avenue
I. RECOMMENDED ACTION:
By Motion: Award a contract in the amount of $32,649.90 to DMJ
Corp. for paving the 7600 block of Garfield Avenue..
III. BACKGROUND
In conjunction with the redevelopment of the Lyndale Gateway area, more than 50
holes had to be dug in the 7600 block of Garfield Avenue for sanitary sewer and
water service pipe connections and disconnects. After the work was completed
there would be very little of the original street left. As a result, staff required that the
entire block be re-paved.
The developers are required to install new curb and gutter on both sides of the
street while Richfield's Engineering Division is responsible for paving the street.
This work was scheduled to be done under the same contract as reconstructing the
7600 block of Lyndale Avenue; however, the Lyndale Avenue work has been
postponed until 2001. As a result, plans and specifications were drafted for paving
Garfield Avenue only.
.1
081400garfieldaward
On July 10, 2000 Council approved construction plans and specifications and
directed staff to advertise for bids for this work. Bids were opened on August 8,
• 2000 in the Heredia Conference Room. DMJ Corp. was the lowest qualified bidder.
Staff is recommending that Council award a contract to DMJ Corp. in the amount of
$32,649.90 for paving Garfield Avenue.
1111. BASIS OF RECOMMENDATION
A. POLICY
• Council has routinely supported projects that maintain a high level of
service on City streets, as well as supporting redevelopment within
the City. This project follows both of those directions.
• The agreement that the City would pave Garfield Avenue was
stipulated in the Developer's Agreement which was approved by
Richfield's HRA.
B. CRITICAL ISSUES
• The bid documents specified a 5% bid bond in one place, which was
superceded by a requirement for a 10% bond in another place. DMJ
Corp.'s bid was submitted with a 5% bond. DMJ has since submitted
a new bid bond in the correct amount.
This issue has been discussed with attorneys from Kennedy and
Graven. Staff believes that it is in the City's best interest to waive
that irregularity and recommends contract award to the lowest
qualified bidder.
• DMJ Corp. is the lowest responsible bidder.
• C. FINANCIAL
• Funding for this improvement is provided from Richfield's HRA as
part of the Lyndale Gateway redevelopment.
• The bid of $32,649.90 is below the Engineer's estimate of $55,000.
The Engineer's estimate was computed earlier and was based on a
much higher estimated petroleum cost.
D. LEGAL
• None known at this time.
IV. ALTERNATIVE RECOMMENDATION(S) I
• Council could direct staff to re-advertise this project; however, it is unlikely that a
lower qualified bid would be obtained at this time.
V. ATTACHMENTS
• Bid tabulation.
• Map of the project area.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
0 None known at this time.
CITY OF RICHFIELD, MINNESOTA
• Bid Opening
August 8, 2000
10:00 a.m.
Garfield Avenue Reconstruction
City Project 913-25-963
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Tom Ferber, City Clerk, who announced that the purpose of the meeting
was to receive, open and read aloud, bids for Garfield Avenue Reconstruction, as
advertised in the official newspaper on July 26, 2000.
Present: Tom Ferber, City Clerk
George Atkinson, Public Works Representative
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
Vendor
Bid Security Total Bid Amount
•
Bituminous Roadways, Inc. 10% Bid Bond $ 38,768.00
Midwest Asphalt Corporation 10% Bid Bond $ 33,991.00
Ace Blacktop, Inc. 10% Bid Bond $ 33,668.25
Valley Paving Inc. 10% Bid Bond $ 35,458.30
DMJ Corporation 5% Bid Bond $ 32,649.90
Harddrives inc. 10% Bid Bond $ 44,043.25
The City Clerk announced that the bids would be tabulated and considered at the
August 14, 2000 City Council Meeting.
Tom Ferber City Clerk
t
HARRIET AVENUE - -- -- - - --
? I
i ILI w
w
+ !! GARFIELD COURT
r TOWNHOMES F-
r
GARFIELD AVENUE
TWIN CITY
CHRISTIAN HOMES
LYNDALE AVENUE
N
1
PREPARED BY:
RICHFIELD
Z ENGINEERING
,?. DIVISION
•
AGENDA SECTION: `-CONSENT
AGENDA ITEM # 3 C
REPORT # 189
STAFF REPORT
CITY COUNCIL MEETING
AUGUST 149 2000
•
REPORT PREPARED BY: GEORGE L. ATKINSON,
ENGINEERING SUPERVISOR
NAME, TITLE
REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
06IG : RE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of Agreements PW 34-19-00 and PW 35-19-00 between Hennepin County and
the City of Richfield. These agreements allow Richfield to participate in the County's Roadside
Enhancement Partnership Program and provide for financial assistance from the County for
moving sidewalks and burying overhead utilities along sections of 66th Street and Portland
Avenue near Veterans Memorial Park of Richfield.
I. RECOMMENDED ACTION:
By Motion: Approve the resolution approving agreements PW 34-19-
00 and PW 35-19-00 between Hennepin County and the City of
Richfield and authorize the Mayor and City Manager to execute the
agreements on behalf of the City.
II. BACKGROUND
In February of 2000 Hennepin County approached the City of Richfield concerning a
new program which provides County funding to pay part of the cost of City contracts for
improving safety and aesthetics along County Roads.
• Staff has pursued using this program to assist in funding the undergrounding of
overhead utilities and moving sidewalks away from the curbs on two sections of County
Roads near Veterans Memorial Park of Richfield.
081400cntyrdenhance
Agreements 34-19-00 (Portland Avenue) and 35-19-00 (66th Street) provide for
Hennepin County to pay a portion of the costs incurred in moving the sidewalks away
from the traffic and burying existing overhead electric lines.
III. BASIS OF RECOMMENDATION
A. POLICY
Council has strongly supported efforts to bury overhead utilities and to
provide safe transportation alternatives to vehicular traffic.
B. CRITICAL ISSUES
• Hennepin County has linked paying for sidewalk moving to burying the
electric lines. If Richfield does not have the electric lines buried and
power poles removed, the County will not pay for moving the sidewalks.
As a result, staff is requesting that Council approve the agreements at
this time so that Richfield is enrolled as a participant in the program.
However, the project will not be moved to construction until Council has
an opportunity to consider funding for the portion of undergrounding costs
not paid for by the County.
Staff intends to return to the Council for that consideration as part of the
Capital Budget approval process in November of this year. Even though
agreements are approved and signed now, construction will be delayed
i until 2001.
C. FINANCIAL
• The total cost of this project is estimated at $313,150. Funding is
planned as follows: Hennepin County $97,800, NSP rate payers
$102,200 (if approved by Council) and Municipal State Aid (Gas Tax)
$119,800 or the balance.
D. LEGAL
• None known at this time.
IV. ALTERNATIVE RECOMMENDATION(S)
Council could decline to approve these agreements; however, that would
effectively eliminate Hennepin County as a financial partner in the project.
Additional City funds would be required or the project would have to be
terminated.
V. ATTACHMENTS
• Resolution approving County Roadway Enhancement agreements PW 34-19-00
and PW 35-19-00 and authorizing the Mayor and City Manager to execute them
on behalf of the City.
• One copy of each of the agreements.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
0 None known at this time.
RESOLUTION NO.
RESOLUTION APPROVING AGREEMENTS PW 34-19-00 AND PW 35-19-00
WITH HENNEPIN COUNTY FOR COUNTY PARTICIPATION
IN REPLACING SIDEWALK AND BURYING OVERHEAD UTILTIES
IN TWO AREAS NEAR VETERANS MEMORIAL PARK OF RICHFIELD AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID
AGREEMENTS ON BEHALF OF THE CITY OF RICHFIELD
WHEREAS, the City of Richfield wishes to relocate sidewalks along the Portland
Avenue and 66th Street sides of Veteran's Memorial Park of Richfield and to bury
overhead utilities and remove power poles in the same areas; and
WHEREAS, Hennepin County through it's "Roadside Enhancement Partnership
Program" has agreed to participate financially in said improvements; and
WHEREAS, the City of Richfield desires to have Hennepin County participate in
funding said improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Richfield hereby:
1) Approves agreements PW 34-19-00 and PW 35-19-00 with Hennepin County,
and
2) Authorizes the Mayor and City Manager to execute said agreements on behalf
of the City of Richfield.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
August, 2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
Agreement No. PW 34-19-00
County Project No. 0032
County State Aid Highway 35
City of Richfield
County of Hennepin
AGREEMENT FOR PARTICIPATION IN
ROADSIDE ENHANCEMENT PARTNERSHIP PROGRAM
THIS AGREEMENT, Made and entered into this day of , 2000,
by and between the County of Hennepin, a body politic and corporate under the laws of the State of
Minnesota, hereinafter referred to as the "County", and the City of Richfield, a body politic and
corporate under the laws of the State of Minnesota, hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, The City has requested County participation in the construction costs of a
bituminous sidewalk along the east side of County State Aid Highway (CSAH) No. 35 (Portland
Avenue) from 550 feet south of 64th Street to 740 feet north of 64th Street; and
WHEREAS, Said bituminous sidewalk construction hereinbefore described, shall be identified
and accomplished under City of Richfield Project No. 401-30-518 (a.k.a. Hennepin County Project No.
0032), which improvements contemplate and include the construction of concrete sidewalk, water
distribution system components and related improvements in addition said bituminous sidewalk
construction, hereinafter referred to as the "Project"; and
WHEREAS, The City or its agents have prepared plans and specifications for the construction
of said Project; and
WHEREAS, In conjunction with the construction of the Project, existing overhead power lines
will be buried by Northern States Power (NSP) within the limits of the Project; and
WHEREAS, It is considered mutually desirable to bury power lines within the limits of the
Project and to construct said proposed bituminous sidewalk; and
WHEREAS, Said overhead power line burial and bituminous sidewalk construction are eligible
for participation under Hennepin County's "Roadside Enhancement Partnership Program"; and
WHEREAS, NSP has prepared for the City an estimate of the costs for burying overhead power
lines within the limits of the Project in the amount of Ninety Seven Thousand Three Hundred Twenty
Five Dollars and No Cents ($97,325.00); and
- 1 - W1_..
Agreement No. PW 34-19-00
CSAH 35, C.P. 0032
WHEREAS, The City or its agent has prepared an Engineer's Estimate of quantities and unit
prices for the construction contract work for the Project in the amount of Forty Seven Thousand Four
Hundred Eighty Nine Dollars and No Cents ($47,489.00). A copy of said estimate marked Exhibit "A"
is attached and by this reference made a part hereof; and
WHEREAS, Said proposed Project lies within the corporate limits of the City; and
WHEREAS, The City has requested that the County approve the plans and specifications and
that the County authorize the City to perform the work in accordance with said plans and specifications
for said Project; and
WHEREAS, It is contemplated that said work be carried out by the parties hereto under the
provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59.
NOW THEREFORE, IT IS HEREBY AGREED:
• The City or its agents shall prepare the necessary plans, specifications, and proposals; shall
advertise for bids for the work and construction, receive and open bids pursuant to said advertisement
and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder.
The contract shall include the plans and specifications prepared by the City or its agents and
approved by the County.
Two (2) sets of approved plans shall be provided at no cost to the County prior to the start of any
construction.
II
The City shall administer the contract and perform all required engineering, inspection and
testing.
The City shall also obtain, and comply with, any and all permits and approvals required from
other governmental or regulatory agencies to accomplish said Project. Said permits and approvals shall
be made available to the County upon request.
The County Engineer or his staff shall have the right, as the work progresses, to enter upon the
jobsite to make any inspections deemed necessary, but will have no responsibility for the supervision
of the work.
• It is understood and agreed that the City or its contractor shall be responsible for traffic control
required for the Project. It is further understood and agreed that traffic shall be maintained at all times
-2- %%/L
Agreement No. PW 34-19-00
CSAH 35, C.P. 0032
on CSAH 35 over a minimum lane width of 12 feet in each direction. All traffic control required for
the Project shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices
(MMUTCD). The County Engineer or his staff shall have the right to require additional traffic control
as deemed necessary due to existing field conditions.
III
The County agrees that the City may make changes in the plans or in the character of said
construction which are reasonably necessary to cause said construction to be in all things performed
and completed in a satisfactory manner consistent with the plans and specifications approved by the
County. It is further agreed by the County that the City may enter into change orders or supplemental
agreements with the City's contractor for the performance of any additional construction or
construction occasioned by any necessary, advantageous or desirable changes in plans, within the
original scope of the Project. Said changes may result in an increase or decrease to the County's cost
participation estimated herein.
The County shall have the opportunity to review any proposed changes to the plans and
specifications as they relate to the County's cost participation prior to the work being performed. The
County Engineer or his designated representative shall have the right to approve any change orders or
supplemental agreements prepared by the City that affect the County's share of the construction cost.
The County further agrees that it will participate in the settlement of any claims from the City's
contractor that involve delays attributable to unreasonable delays in approval by the County for plan or
specification changes deemed necessary by the City Engineer or his staff. The amount of County
participation in any such claims shall be commensurate with the percentage of delay directly
attributable to the County's actions.
IV
The City or its agents, at its or their own expense, shall acquire all additional right of way and/or
easements required for the construction of said Project. All additional right of way and/or easements
obtained by the City shall be acquired in a manner that will not preclude future use by the County for
transportation purposes.
. The County will not participate in the right of way and/or easement acquisition costs for said
Project.
V
The County shall reimburse the City for thirty three (33) percent of the costs of burying overhead
power lines within the limits of the Project and fifty (50) percent of the construction costs for the
bituminous sidewalk only as shown in Exhibit "A". The City understands and agrees that the County's
participation in said costs of burying power lines shall not exceed Forty Eight Thousand Eight Hundred
Dollars and No Cents ($48,800.00) as per the County's policy on utility relocation for those projects
-3- WL
Agreement No. PW 34-19-00
• CSAH 35, C.P. 0032
funded by the County's Road Enhancement Partnership Program. For informational purposes only, the
County's share of the construction costs for the bituminous sidewalk is estimated to be Fourteen
Thousand Two Hundred Fifty One Dollars and Seventy Five Cents ($14,251.75), and Thirty Two
Thousand Four Hundred Forty One Dollars and Sixty Six Cents ($32,441.66) for burying power lines
for a total cost participation by the County of Forty Six Thousand Six Hundred Ninety Three Dollars
and Forty One Cents ($46,693.41).
It is understood that engineering costs incurred by the City shall not be considered construction
costs and will not be reimbursed by the County.
It is further understood that the Engineer's Estimate referred to on Page 1 of this Agreement is an
estimate of the construction cost for said Project and that the unit prices set forth in the contract with
the successful bidder and the final quantities as measured by the City Engineer or its designated
representatives shall govern in computing the total final construction cost for apportioning the costs of
said Project according to the provisions herein.
VI
It is understood by the parties hereto that overhead power lines will be buried by NSP in
conjunction with said construction of the bituminous sidewalk. The City shall pay directly to NSP
those costs associated with the burial of overhead power lines within the limits of the Project. Upon
completion of said burial of power lines the City shall invoice the County for thirty three (33) percent
of the costs invoiced the City byNSP for burying overhead power lines within the limits of the Project.
Said invoice from the City to the County shall include copies of those invoices received by the City
from NSP for burial of overhead power lines. It is hereby understood and agreed that said
reimbursement to the City by the County shall only be for the burial of power lines within the limits of
the Project and that the County shall have not be responsible for any costs associated with utility .
service modifications, including individual residential and commercial services, which may become
necessary as a result of said burial. Jt shall be the City's responsibility to make all necessary
arrangements, including any individual service modifications, to cause said power lines to be buried in
conjunction with the construction of the Project.
VII
After awarding the contract for construction of the bituminous sidewalk to the successful bidder
the City will invoice the County for ninety five (95) percent of the estimated County share in the
construction costs for said bituminous sidewalk. Said County's share in the construction costs shall be
based on actual contract unit prices for estimated quantities shown in the plans for said construction at
the time of award. The County will within forty five (45) days of said invoice, deposit with the City
funds totaling the amount of said invoice.
. In the event the City Engineer or his staff determines the need to amend the work required for
construction of said bituminous sidewalk with a supplemental agreement or change order which results
in an increase in the County's proportionate share of the construction costs, the County hereby agrees
-4- \(\1L
Agreement No. PW 34-19-00
S CSAH 35, C.P. 0032
to remit within forty five (45) days of invoice from the City for said change an amount equal to ninety
five (95) percent of the estimated increase in the County's share of the construction costs as
documented in the executed supplemental agreement or change order, subject to the provisions of
Article V herein.
The remainder of the County's share in the construction costs of said bituminous sidewalk,
including additional costs resulting from supplemental agreements and change orders, is to be paid to
the City upon the completion of the Project and submittal to the County of the City Engineer's Final
estimate for said construction.
Upon the completion and acceptance of the bituminous sidewalk construction provided for in
this Agreement the City shall determine and compute the total amount due the City from the County as
set forth herein, based on the actual Contract unit prices for work completed by the Contractor and the.
final quantities as measured by the City Engineer and designated representatives. The City shall apply
on the payment thereof as much as may be necessary of the aforesaid funds deposited by the County. If
the amount found due from the County is less than the amount of the funds deposited, then, and in that
event, the balance of said deposited funds shall be returned without interest to the County. If the
amount found due from the County exceeds said amount of funds deposited, then, and in that event, the
County agrees to pay to the City within forty five (45) days of receipt of an invoice from the City, the
difference between said amount found due and said amount of funds deposited.
VIII
It is understood by the parties hereto that construction of said bituminous sidewalk will be
completed prior to said burial of power lines by NSP. It is further understood and agreed by the parties
hereto that said burial of power lines shall be completed on or before December 31, 2001. In the event
said burial of power lines is not completed by said date, the City hereby agrees to return to the County
all monies paid the City by the County for construction of said bituminous sidewalk.
IX
All payments to the City must be postmarked by the date due or a late penalty of one (1) percent
per month, or fraction thereof, on the unpaid balance may be charged to the County. The County shall
pay the amount due as stated on the invoice, notwithstanding any dispute of such amount. Should a
disputed amount be resolved in favor of the County, the City shall reimburse the disputed amount plus
daily interest thereon calculated from the date such disputed amount was received by the City. Daily
interest shall be at the rate of one (1) percent per month on the disputed amount.
X
All records kept by the City and the County with respect to this Project shall be subject to
examination by the representatives of each party hereto.
•
Agreement No. PW 34-19-00
CSAH 35, C.P. 0032
XI
It is understood and agreed that upon completion of any and all improvements proposed herein,
all bituminous sidewalk, concrete walk and water distribution system components included in the
Project shall become the property of the City and all maintenance, restoration, repair or replacement
required thereafter shall be performed by the City at no expense to the County.
It is hereby understood that the County requires an operational clear zone along the side of the
road for storage of snow removed from County roadways. The City hereby agrees to be responsible for
the removal of any snow that may be placed on its sidewalks as a result of the County's snow removal
operations on the County's roadways within the limits of said Project.
The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents,
volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses,
costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any actor
omission of the City, its subcontractors, anyone directly or indirectly employed by them, and/or anyone
for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence,
restoration, repair or replacement of the City owned improvements. The City's liability under this
indemnification obligation shall be governed by the provisions of Minnesota Statutes, Chapter 466 or
other applicable law.
XII
Each party agrees that it will be responsible for its own acts and the results thereof, to the extent
authorized by the law, and shall not be responsible for the acts of the other party and the results thereof.
The County's and the City's liability are governed by the provisions of Minnesota Statutes, Chapter
466.
The County and the City each warrant that they are able to comply with the aforementioned
indemnity requirements through an insurance or self-insurance program.
XIII
The City also agrees that any contract let by the City or its agents for the performance of the
work on County State Aid Highway No. 35 as provided herein shall include clauses that will: 1)
Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and
employees harmless from any liability, causes of action, judgments, damages, losses, costs or expenses
including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or
omissions of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the
Contractor to be an independent contractor for the purposes of completing the work provided for in this
Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the
following:
1. Commercial General Liability on an occurrence basis with
Agreement No. PW 34-19-00
• CSAH 35, C.P. 0032
Contractual Liability and Explosion, Collapse and Underground
Property Damage (XCU) Liability coverages:
Limits
General Aggregate $1,000,000
Products--Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence - Combined Bodily Injury and
Property Damage $1,000,000
Hennepin County shall be named as an additional insured for the Commercial General
Liability coverage with respect to operations covered under this Agreement.
2. Automobile Liability:
Combined Single limit each occurrence coverage or the
equivalent covering owned, non-owned, and hired
automobiles: $1,000,000
3. Workers' Compensation and Employer's Liability:
A. Workers' Compensation Statutory
If the Contractor is based outside the State of Minnesota,
coverages must apply to Minnesota laws.
B. Employer's Liability - Bodily injury by:
Each Accident $100,000
Disease - Policy Limit $500,000
Disease - Each Employee $100,000
An Umbrella Liability policy over primary liability coverages is an acceptable method to provide
the required insurance limits.
The above subparagraphs establish minimum insurance requirements. It is the sole responsibility
of the City's Contractor to determine the need for and to procure additional insurance which may be
needed in connection with said Project.
All insurance policies shall be open to inspection by the County and copies of policies shall be
submitted to the County upon written request.
•
-7- %N1L
Agreement No. PW 34-19-00
CSAH 35, C.P. 0032
XIv
It is further agreed that any and all employees of the City and all other persons engaged by the
City in the performance of. any work or services required or provided for herein to be performed by the
City shall not be considered employees of the County, and that any and all claims that may or might
arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said
employees while so engaged and any and all claims made by any third parties as a consequence of any
act or omission on the part of said employees while so engaged on any of the work or services provided
to be rendered herein shall in no way be the obligation or responsibility of the County.
Also, any and all employees of the County and all other persons engaged by the County in the
performance of any work or services required or provided for herein to be performed by the County
shall not be considered employees of the City, and that any and all claims that may or might arise under
the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said employees
while so engaged and any and all claims made by any third parties as a consequence of any act or
omission on the part of said employees while so engaged on any of the work or services provided to be
rendered herein shall in no way be the obligation or responsibility of the City.
• XV
In order to coordinate the services of the City with the activities of the County so as to
accomplish the purpose of this Agreement, the County Engineer or his designated representative shall
manage this Agreement on behalf of the County and shall serve as liaison between the County and the
City.
In order to coordinate the services of the County with the activities of the City so as to
accomplish the purpose of this Agreement, the City's Public Works Director or his designated
representative shall manage this Agreement on behalf of the City and shall serve as liaison between the
City and the County.
XVI
It is understood and agreed that the entire Agreement between the parties is contained herein and
that this Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof. All items referred to in this Agreement are incorporated or attached and are
deemed to be part of this Agreement.
Any alterations, variations, modifications or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing as an amendment to this Agreement signed by the
parties hereto.
-8- w'L
•
Agreement No. PW 34-19-00
CSAH 35, C.P. 0032
XVII
•
•
The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to
civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall
be considered a part of this Agreement as though fully set forth herein.
(This space left intentionally blank)
-9-
wL
Agreement No. PW 34-19-00
. CSAH 35, C.P. 0032
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
(Seal)
CITY OF RICHFIELD
By:
Mayor
Date:
And:
Manager
Date:
COUNTY OF HENNEPIN
ATTEST:
By:
Deputy/Clerk of the County Board
Date:
APPROVED AS TO FORM:
By:
AsWstant County Attorney
Date: -71w%?b
APPROVED AS TO EXECUTION:
By:
Assistant County Attorney
Date:
By:
Chair of its County Board
Date:
And:
Assistant/Deputy/County Administrator
Date:
And:
Assistant County Administrator, Public Works
and County Engineer
Date:
RECOMMENDED FOR APPROVAL
By:
Director, Transportation Department
Date:
-10- __?1q L
FKti-AFj" BY: SHORT ELLIOTT HENDRICKSON
S.E.H. -RICHF0005.00 PH.BB
DATE: MAY 4, 2000 (REVISED MAY 25, 2000)
r-'
I S.A.P.157-020-18
ITEM
NO. ITEM DESCRIPTION
UNIT
PORTLAND AVE.
EST. QTY.
UNIT
PRICE
TOTAL
COST
2021.501 MOBILIZATION
* LS 1 0.5 1 $4,000.00 1 $2
000.00
2104.503 I REMOVE CONCRETE WALK j SY 1 692 I $5.001 ,
$3
460.00
0104.505 1 REMOVE AND REPLACE STREET PAVEMENT j SY 1 85 1 $65.00 1 ,
$5
525.00
* 2104.505 1 REMOVE BITUMINOUS PAVEMENT j SY 1 70 1 $3.501 ,
$245.00
* 0104.512 1 SAWING PAVEMENT j LF i 20 I $4.001 $80.00
2104.523 1 SALVAGE SIGN TYPE C j EACH 1 7 1 $31.001 $217.00
0104.523 1 SALVAGE & REINSTALL BUS STOP SIGN j EACH 1 0 1 $250.00 1 $0.00
0104.601 1 SALVAGE & REINSTALL BENCH j EACH l 1 1 $350.00 1 $350.00
* 2105.507 1 SUBGRADE EXCAVATION j CY 1 23 1 $13.001 $299.00
2105.521 1 GRANULAR BORROW (CV) j CY 1 23 I $8.00 I $184.00
* 2105.535 I SALVAGED TOPSOIL (LV) I CY 1 359 I $14.50 I $5
205
50
* 0105.607 1 OFF-SITE DISPOSAL (P) I CY 1 103 1 $10.001 ,
.
$1
030.00
* 2105.609 I GEOTEXTILE FABRIC TYPE V I SY 1 69 I $2.001 ,
$138
00
* 2211.501 I AGGREGATE BASE CLASS 5 (100% CRUSHED LIMESTONE) j TON ( '256 1 $10.001 .
$2
560.00
* 2340.508 1 TYPE 41A WEARING COURSE MIXTURE I TON 1 134 -1 $45.001 ,
$6
030.00
0504.602 1 ADJUST GATE VALVE j EACH 1 0 1 $150.00 I ,
$0.00
0504.602 1 REPLACE GATE VALVE i EACH I 1 1 $450.001 $450.00
* 0504.602 I ADJUST CURB STOP & BOX j EACH I 2 1 $100.00 1 $200.00
2506.522 I ADJUST FRAME & RING CASTING I EACH I 1 1 $225.001 $225.00
* 2521.501 14" CONCRETE WALK I SF 1 790 1 $4.001 $3
160.00
0531.501 I REMOVE & REPLACE CONCRETE CURB & GUTTER DESIGN B6 I LF 1 255 1 $20.001 ,
$5
100.00
2531.501 I CONCRETE CURB & GUTTER DESIGN B612 I LF 1 50 1 $12.001 ,
$600.00
* 2531.602 I PEDESTRIAN CURB RAMP j EACH 1 2 I $225.00 I $450.00
* 0531.605 17" CONCRETE DRIVEWAY PAVEMENT j SY I 40 I $40.00 I $1
600.00
2563.601 1 TRAFFIC CONTROL j LS 1 0.5 1 $3,000.00 1 ,
$1
500.00
2564.602 I INSTALL SIGN TYPE C j EACH 1 7 i $65.00 1 ,
$455.00
2564.604 I ZEBRA CROSSWALK WHITE-EPOXY j SF 1 126 1 $6.501 $819.00
2573.501 I SILT FENCE, PREASSEMBLED j LF I 575 I $3.001 $1
725.00
2575.501 I SEEDING j ACRE I 0.03 I $650.00 I ,
$19.50
* 2575.5051 SODDING TYPE LAWN I SY 1 1545 1 $2.501 $3,862.50
TOTAL ITEMIZED COST
* $47,489.00
COUNTY PARTICIPATION 50% OF ACTUAL CONSTRUCTION COST
Hennepin County Agreement No. PW 34-19-00
Exhibit "A"; Sheet 1 of 1
Agreement No. PW 35-19-00
County Project No. 0033
County State Aid Highway 53
City of Richfield
County of Hennepin
AGREEMENT FOR PARTICIPATION IN
ROADSIDE ENHANCEMENT PARTNERSHIP. PROGRAM
THIS AGREEMENT, Made and entered into this day of , 2000,
by and between the County of Hennepin, a body politic and corporate under the laws of the State of
Minnesota, hereinafter referred to as the "County", and the City of Richfield, a body politic and
corporate under the laws of the State of Minnesota, hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, The City has requested County participation in the construction costs of a
bituminous sidewalk along the north side of County State Aid Highway (CSAH) No. 53 (66th Street)
from Park Avenue to 11th Avenue; and
WHEREAS, Said bituminous sidewalk construction hereinbefore described, shall be identified
and accomplished under City of Richfield Project No. 401-30-518 (a.k.a. Hennepin County Project No.
0033), which improvements contemplate and include the construction of concrete sidewalk, water
distribution system components and related improvements in addition to said bituminous sidewalk
construction, hereinafter referred to as the "Project"; and
WHEREAS, The City or its agents have prepared plans and specifications for the construction
of said Project; and
WHEREAS, In conjunction with the construction of the Project, existing overhead power lines
will be buried by Northern States Power (NSP) within the limits of the Project; and
WHEREAS, It is considered mutually desirable to bury power lines within the limits of the
Project and to construct said proposed bituminous sidewalk; and
WHEREAS, Said overhead power line burial and bituminous sidewalk construction are eligible
for participation under Hennepin County's "Roadside Enhancement Partnership Program"; and
WHEREAS, NSP has prepared for the City an estimate of the costs for burying overhead power
lines within the limits of the Project in the amount of Seventy Three Thousand Nine Hundred Sixty
Three Dollars and No Cents ($73,963.00); and
•
- 1 - \! --
Agreement No. PW 35-19-00
CSAH 53, C.P. 0033
WHEREAS, The City or its agent has prepared an Engineer's Estimate of quantities and unit
prices for the construction contract work for the Project in the amount of Forty Eight Thousand Three
Hundred Sixty Four Dollars and Fifty Cents ($48,364.50). A copy of said estimate marked Exhibit "A"
is attached and by this reference made a part hereof; and
WHEREAS, Said proposed Project lies within the corporate limits of the City; and
WHEREAS, The City has requested that the County approve the plans and specifications and
that the County authorize the City to perform the work in accordance with said plans and specifications
for said Project; and
WHEREAS, It is contemplated that said work be carried out by the parties hereto under the
provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59.
NOW THEREFORE, IT IS HEREBY AGREED:
I
is The City or its agents shall prepare the necessary plans, specifications, and proposals; shall
advertise for bids for the work and construction, receive and open bids pursuant to said advertisement
and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder.
The Fontract shall include the plans and specifications prepared by the City or its agents and
approved by the County.
Two (2) sets of approved plans shall be provided at no cost to the County prior to the start of any
construction.
II
The City shall administer the contract and perform all required engineering, inspection and
testing.
The City shall also obtain, and comply with, any and all permits and approvals required from
other governmental or regulatory agencies to accomplish said Project. Said permits and approvals shall
be made available to the County upon request.
The County Engineer or his staff shall have the right, as the work progresses, to enter upon the
jobsite to make any inspections deemed necessary, but will have no responsibility for the supervision
of the work.
It is understood and agreed that the City or its contractor shall be responsible for traffic control
-2- %/-
Agreement No. PW 35-19-00
CSAH 53, C.P. 0033
required for the Project. It is further understood and agreed that traffic shall be maintained at all times
on CSAH 53 over a minimum lane width of 12 feet in each direction. All traffic control required for
the Project shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices
(MMUTCD). The County Engineer or his staff shall have the right to require additional traffic control
as deemed necessary due to existing field conditions.
III
The County agrees that the City may make changes in the plans or in the character of said
construction which are reasonably necessary to cause said construction to be in all things performed
and completed in a satisfactory manner consistent with the plans and specifications approved by the
County. It is further agreed by the County that the City may enter into change orders or supplemental
agreements with the City's contractor for the performance of any additional construction or
construction occasioned by any necessary, advantageous or desirable changes in plans, within the
original scope of the Project. Said changes may result in an increase or decrease to the County's cost
participation estimated herein.
The County shall have the opportunity to review any proposed changes to the plans and
specifications as they relate to the County's cost participation prior to the work being performed. The
County Engineer or his designated representative shall have the right to approve any change orders or
supplemental agreements prepared by the City that affect the County's share of the construction cost.
The County further agrees that it will participate in the settlement of any claims from the City's
contractor that involve delays attributable to unreasonable delays in approval by the County for plan or
specification changes deemed necessary by the City Engineer or his staff. The amount of County
participation in any such claims shall be commensurate with the percentage of delay directly
attributable to the County's actions.
IV
The City or its agents, at its or their own expense, shall acquire all additional right of way and/or
easements required for the construction of said Project. All additional right of way and/or easements
obtained by the City shall be acquired in a manner that will not preclude future use by the County for
transportation purposes.
The County will not participate in the right of way and/or easement acquisition costs for said
Project.
V
The County shall reimburse the City for fifty (50) percent of the costs of burying overhead power
lines within the limits of the Project and fifty (50) percent of the construction costs for the bituminous
sidewalk only as shown in Exhibit "A". The City understands and agrees that the County's
participation in said costs of burying power lines shall not exceed Seventy Three Thousand Three
-3- WL
Agreement No. PW 35-19-00
CSAH 53, C.P. 0033
Hundred Dollars and No Cents ($73,300.00) as per the County's policy on utility relocation for those
projects funded by the County's Road Enhancement Partnership Program. For informational purposes
only, the County's share of the construction costs for the bituminous sidewalk is estimated to be
Fifteen Thousand Three Hundred Fourteen Dollars and Twenty Five Cents ($15,314.25), and Thirty
Six Thousand Nine Hundred Eighty One Dollars and Fifty Cents ($36,981.50) for burying power lines
for a total cost participation by the County of Fifty Two Thousand Two Hundred Ninety Five Dollars
and Seventy Five Cents ($52,295.75).
It is understood that engineering costs incurred by the City shall not be considered construction
costs and will not be reimbursed by the County.
It is further understood that the Engineer's Estimate referred to on Page 1 of this Agreement is an
estimate of the construction cost for said Project and that the unit prices set forth in the contract with
the successful bidder and the final quantities as measured by the City Engineer or its designated
representatives shall govern in computing the total final construction cost for apportioning the costs of
said Project according to the provisions herein.
VI
It is understood by the parties hereto that overhead power lines will be buried by NSP in
conjunction with said construction of the bituminous sidewalk. The City shall pay directly to NSP
those costs associated with the burial of overhead power lines within the limits of the Project. Upon
completion of said burial of power lines the City shall invoice the County for fifty (50) percent of the
costs invoiced the City by NSP for burying overhead power lines within the limits of the Project. Said
invoice from the City to the County shall include copies of those invoices received by the City from
NSP for burial of overhead power lines. It is hereby understood and agreed that said reimbursement to
the City by the County shall only be for the burial of power lines within the limits of the Project and
that the County shall have not be responsible for any costs associated with utility service modifications,
including individual residential and commercial services, which may become necessary as a result of
said burial. It shall be the City's responsibility to make all necessary arrangements, including any
individual service modifications, to cause said power lines to be buried in conjunction with the
construction of the Project.
VII
After awarding the contract for construction of the bituminous sidewalk to the successful bidder
the City will invoice the County for ninety five (95) percent of the estimated County share in the
construction costs for said bituminous sidewalk. Said County's share in the construction costs shall be
based on actual contract unit prices for estimated quantities shown in the plans for said construction at
the time of award. The County will within forty five (45) days of said invoice, deposit with the City
funds totaling the amount of said invoice.
In the event the City Engineer or his staff determines the need to amend the work required for
construction of said bituminous sidewalk with a supplemental agreement or change order which results
-4- \NL
• Agreement No. PW 35-19-00
CSAH 53, C.P. 0033
in an increase in the County's proportionate share of the construction costs, the County hereby agrees
to remit within forty five (45) days of invoice from the City for said change an amount equal to ninety
five (95) percent of the estimated increase in the County's share of the construction costs as
documented in the executed supplemental agreement or change order, subject to the provisions of
Article V herein.
The remainder of the County's share in the construction costs of said bituminous sidewalk,
including additional costs resulting from supplemental agreements and change orders, is to be paid to
the City upon the completion of the Project and submittal to the County of the City Engineer's Final
estimate for said construction.
Upon the completion and acceptance of the bituminous sidewalk construction provided for in
this Agreement the City shall determine and compute the total amount due the City from the County as
set forth herein, based on the actual Contract unit prices for work completed by the Contractor and the
final quantities as measured by the City Engineer. and designated representatives. The City shall apply
on the payment thereof as much as may be necessary of the aforesaid funds deposited by the County. If
the amount found due from the County is less than the amount of the funds deposited, then, and in that
event, the balance of said deposited funds shall be returned without interest to the County. If the
amount found due from the County exceeds said amount of funds deposited, then, and in that event, the
• County agrees to pay to the City within forty five (45) days of receipt of an invoice from the City, the
difference between said amount found due and said amount of funds deposited.
VIII
It is understood by the parties hereto that construction of said bituminous sidewalk will be
completed prior to said burial of power lines by NSP. It is further understood and agreed by the parties
hereto that said burial of power lines shall be completed on or before December 31, 2001. In the event
said burial of power lines is not completed by said date, the City hereby agrees to return to the County
all monies paid the City by the County for construction of said bituminous sidewalk.
IX
All payments to the City must be postmarked by the date due or a late penalty of one (1) percent
per month, or fraction thereof, on the unpaid balance may be charged to the County. The County shall
pay the amount due as stated on the invoice, notwithstanding any dispute of such amount. Should a
disputed amount be resolved in favor of the County, the City shall reimburse the disputed amount plus
daily interest thereon calculated from the date such disputed amount was received by the City. Daily
interest shall be at the rate of one (1) percent per month on the disputed amount.
X
• All records kept by the City and the County with respect to this Project shall be subject to
examination by the representatives of each party hereto.
-5- \,vL
Agreement No. PW 35-19-00
• CSAH 53, C.P. 0033
XI
It is understood and agreed that upon completion of any and all improvements proposed herein,
all bituminous sidewalk, concrete walk and water distribution system components included in the
Project shall become the property of the City and all maintenance, restoration, repair or replacement
required thereafter shall be performed by the City at no expense to the County.
It is hereby understood that the County requires an operational clear zone along the side of the
road for storage of snow removed from County roadways. The City hereby agrees to be responsible for
the removal of any snow that may be placed on its sidewalks as a result of the County's snow removal
operations on the County's roadways within the limits of said Project.
The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents,
volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses,
costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or
omission of the City, its subcontractors, anyone directly or indirectly employed by them, and/or anyone
for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence,
restoration, repair or replacement of the City owned improvements. The City's liability under this
. indemnification obligation shall be governed by the provisions of Minnesota Statutes, Chapter 466 or
other applicable law.
XII
Each party agrees that it will be responsible for its own acts and the results thereof, to the extent
authorized by the law, and shall not be responsible for the acts of the other party and the results thereof.
The County's and the City's liability are governed by the provisions of Minnesota Statutes, Chapter
466.
The County and the City each warrant that they are able to comply with the aforementioned
indemnity requirements through an insurance or self-insurance program.
XIII
The City also agrees that any contract let by the City or its agents for the performance of the
work on County State Aid Highway No. 53 as provided herein shall include clauses that will: 1)
Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and
employees harmless from any liability, causes of action, judgments, damages, losses, costs or expenses
including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or
omissions of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the
Contractor to be an independent contractor for the purposes of completing the work provided for in this
Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the
following:
-6- WL
Agreement No. PW 35-19-00
• CSAH 53, C.P. 0033
1. Commercial General Liability on an occurrence basis with
Contractual Liability and Explosion, Collapse and Underground
Property Damage (XCU) Liability coverages:.
Limits
General Aggregate $1,000,000
Products--Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence - Combined Bodily Injury and
Property Damage $1,000,000
Hennepin County shall be named as an additional insured for the Commercial General
Liability coverage with respect to operations covered under this Agreement.
2. Automobile Liability:
Combined Single limit each occurrence coverage or the
equivalent covering owned, non-owned, and hired
automobiles: $1,000,000
•
3. Workers' Compensation and Employer's Liability:
A. Workers' Compensation Statutory
If the Contractor is based outside the State of Minnesota,
coverages must apply to Minnesota laws.
B. Employer's Liability - Bodily injury by:
Each Accident $100,000
Disease - Policy Limit $500,000
Disease- Each Employee $100,000
An Umbrella Liability policy over primary liability coverages is an acceptable method to provide
the required insurance limits.
The above subparagraphs establish minimum insurance requirements. It is the sole responsibility
of the City's Contractor to determine the need for and to procure additional insurance which may be
needed in connection with said Project.
All insurance policies shall be open to inspection by the County and copies of policies shall be
submitted to the County upon written request.
-7- VEIL
•
Agreement No. PW 35-19-00
CSAH 53, C.P. 0033
xIv
•
It is further agreed that any and all employees of the City and all other persons engaged by the
City in the performance of any work or services required or provided for herein to be performed by the
City shall not be considered employees of the County, and that any and all claims that may or might
arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said
employees while so engaged and any and all claims made by any third parties as a consequence of any
act or omission on the part of said employees while so engaged on any of the work or services provided
to be rendered herein shall in no way be the obligation or responsibility of the County.
Also, any and all employees of the County and all other persons engaged by the County in the
performance of any work or services required or provided for herein to be performed by the County
shall not be considered employees of the City, and that any and all claims that may or might arise under
the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said employees
while so engaged and any and all claims made by any third parties as a consequence of any act or
omission on the part of said employees while so engaged on any of the work or services provided to be
rendered herein shall in no way be the obligation or responsibility of the City.
XV
In order to coordinate the services of the City with the activities of the County so as to
accomplish the purpose of this Agreement, the County Engineer or his designated representative shall
manage this Agreement on behalf of the County and shall serve as liaison between the County and the
City.
In order to coordinate the services of the County with the activities of the City so as to
accomplish the purpose of this Agreement, the City's Public Works Director or his designated
representative shall manage this Agreement on behalf of the City and shall serve as liaison between the
City and the County.
XVI
It is understood and agreed that the entire Agreement between the parties is contained herein and
that this Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof. All items referred to in this Agreement are incorporated or attached and are
deemed to be part of this Agreement.
Any alterations, variations, modifications or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing as an amendment to this Agreement signed by the
parties hereto.
-8-
?'?l ?-
Agreement No. PW 35-19-00
CSAH 53, C.P. 0033
XVII
The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to
civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall
be considered a part of this Agreement as though fully set forth herein.
(This space left intentionally blank)
•
-9- \Iq `-
Agreement No. PW 35-19-00
CSAH 53, C.P. 0033
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF RICHFIELD
(Seal) By:
Mayor
Date:
And:
Manager
Date:
COUNTY OF HENNEPIN
ATTEST:
By:
Deputy/Clerk of the County Board
Date:
APPROVED AS TO FORM:
By:2t11?t1
Assistant County Attorney
Date: 17161D(?
APPROVED AS TO EXECUTION:
By:
Assistant County Attorney
Date:
By:
Chair of its County Board
Date:
And:
Assistant/Deputy/County Administrator
Date:
And:
Assistant County Administrator, Public Works
and County Engineer
Date:
RECOMMENDED FOR APPROVAL
By:
Director, Transportation Department
Date:
-10- WL
PREPARS& BY: SHORT ELLIOTT HENDRICKSON
S.E.H. N RICHF0005.00 PH.BB
DATE: MAY 4, 2000 (REVISED MAY 25, 2000)
S.A.P.157-020-18
ITEM
NO. ITEM DESCRIPTION
UNIT 66TH STREET I
EST. QTY. UNIT
PRICE TOTAL
COST
2021.501 MOBILIZATION LS 1 0.5 1 $4,000.00 $2
000.00
* 2104.503 I REMOVE CONCRETE WALK j SY 1 881 I $5.00 I ,
$4
405
00
0104.505 I REMOVE AND REPLACE STREET PAVEMENT i SY I 95 I $65.00 I ,
.
$6
175.00
* 2104.505 I REMOVE BITUMINOUS PAVEMENT j SY 1 54 1 $3.50 I ,
$189.00
* 0104.512 1 SAWING PAVEMENT j LF 1 0 1 $4.001 $0
00
2104.523 1 SALVAGE SIGN TYPE C j EACH 1 8 1 $31.00 1 .
$248
00
0104.523 1 SALVAGE & REINSTALL BUS STOP SIGN j EACH I 2 1 $250:00 1 .
$500.00
0104.601 I SALVAGE & REINSTALL BENCH j EACH 1 1 1 $350.00 1 $350.00
* 2105:5071 SUBGRADE EXCAVATION I CY I 28 1 $13.001 $364.00
* 2105.521 1 GRANULAR BORROW (CV) j CY 1 28 1 $8.001 $224.00
* 2105.535 I SALVAGED TOPSOIL (LV) I CY 1 363 1 $14.501 $5
263.50
* 0105.607 1 OFF-SITE DISPOSAL (P) I CY 1 129 1 $10.00 1 ,
$1
290.00
* 2105.609 1 GEQTEXTILE FABRIC TYPE V I SY 1 84 1 $2.001 ,
$168.00
* 2211.501 I AGGREGATE BASE CLASS 5 (100% CRUSHED LIMESTONE) I TON 1 309 1 $10.001 $3.090.00
* 2340.508 I TYPE 41A WEARING COURSE MIXTURE I TON 1 162 1 $45.001 $7,290.00
0504.602 i ADJUST GATE VALVE j EACH I 1 1 $150.00 1 $150.00
0504.602 1 REPLACE GATE VALVE j EACH 1 0 1 $450.00 I $0.00
* 0504.602 I ADJUST CURB STOP & BOX j EACH 1 0 1 $100.00 1 $0.00
2506.522 ADJUST FRAME & RING CASTING j EACH I 1 1 $225.00 1 $225.00
* 2521.501 14" CONCRETE WALK i SF I 680 1 $4.001 $2,720.00
0531.501 1 REMOVE & REPLACE CONCRETE CURB & GUTTER DESIGN B6 i LF I 280 1 $20.00 I $5
600.00
2531.501 1 CONCRETE CURB & GUTTER DESIGN 8612 j LF I 0 1 $12.001 ,
$0.00
* 2531.602 I PEDESTRIAN CURB RAMP j EACH I 7 1 $225.001 $1
575.00
* 0531.60517" CONCRETE DRIVEWAY PAVEMENT j SY I 0 1 $40.001 ,
$0.00,
2563.601 I TRAFFIC CONTROL j LS 1 0.5 1 $3,000.001 $1,500.00
2564.602 1 INSTALL SIGN TYPE C j EACH I 8 I $65.00 1 $520.00
2564.604 I ZEBRA CROSSWALK WHITE-EPOXY j SF 1 72 1 $6.501 $468.00
2573.501 1 SILT FENCE, PREASSEMBLED j LF 1 0 I $3.001 $0
00
2575.501 1 SEEDING j ACRE I 0 1 $650.00 I .
$0.00
* 2575.505 1 SODDING TYPE LAWN j SY 1 1620 1 $2.501 $4,050.00
TOTAL ITEMIZED COST $48,364.50
* COUNTY PARTICIPATION 50% OF ACTUAL CONSTRUCTION COST
z Hennepin County Agreement No. PW 35-19-00
r' Exhibit "A"; Sheet 1 of 1
AGENDA SECTION: CONSENT
AGENDA ITEM # 3A
REPORT # 187
J
REPORT PREPARED BY:
STAFF REPORT
CITY COUNCIL MEETING
AUGUST 14, 2000
THOMAS P. FERBER, CITY CLERK
NAME, TITLE
REPORT PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
•
ram
, S P. FERBER, CITY CLERK
ITEM FOR COUNCIL CONSIDERATION:
Resolution designating polling places and appointing election judges for the September 12,
2000 Primary Election and the November 7, 2000 General Election.
1. RECOMMENDED ACTION:
By Motion: Adopt the resolution designating polling places and
appointing election judges for the September 12, 2000 Primary
Election and the November 7, 2000 General Election.
(II. BACKGROUND
Minnesota Statute 20413.21 Subd. 2 provides that election judges for precincts in a
municipality shall be appointed by the governing body of the municipality and that
the appointments be made at least 25 days before the election at which the election
judges will serve.
The City Clerk's office has completed updating and verifying the City's election
judge availability list. All individuals who have previously served as an election
judge, were on the list submitted to the County Auditor by the major political parties,
or have expressed an interest in serving as an election judge were sent a
questionnaire to:
0814ELECTIONS
1. Determine whether or not they wished to remain on the election judge availability
list.
10 2. Verify existing file information regarding address, political party, etc.
3. Receive an indication of availability to work at the 2000 scheduled elections.
The attached resolution contains the names of all of the individuals on the updated
election judge availability list. Appointment by the City Council will allow them to
serve as election judges at the Primary Election, the General Election or both
elections. Election judges will be assigned to the precincts based on availability,
party balance, and the number required for each election. The General Election will
require assignment of the greatest number of available judges.
I III. BASIS OF RECOMMENDATION
A. POLICY
• The City Council is required by state statute to make election judge
appointments at least 25 days prior to the election.
• The proposed resolution contains names of those qualified individuals
who have indicated a willingness and ability to serve as an election
judge for the September 12, 2000 Primary Election and the November
7, 2000 General Election.
B. CRITICAL ISSUES
• If the City Council does not appoint election judges, the conduct of the
election would not be valid.
C. FINANCIAL
Election judges are paid the following compensation:
Chair $8.00 per hour
Assistant Chair $7.50 per hour
Judge $7.25 per hour
I D. LEGAL
Compliance with Minnesota Statute 20413.21, Subd. 2
The Primary Election will be conducted on Tuesday, September 12,
2000 and the General Election will be conducted on Tuesday,
November 7, 2000. Therefore, the City Council must appoint election
judges to serve at these elections. The names come from a list of
people who have indicated their interest in serving as an election
judge to the County Auditor pursuant to the provisions of M.S.
20413.21 subd. 1 and those who have previously served or indicated
interest in serving.
IV. ALTERNATIVE RECOMMENDATION(S)
The City Council could chose to appoint others who are not named in the
resolution.
V. ATTACHMENTS
• Resolution designating polling places and the appointment of election judges
for the,State Primary Election on September 12, 2000 and the General
Election on November 7, 2000.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
0
RESOLUTION NO.
RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING ELECTION
JUDGES FOR THE STATE PRIMARY ELECTION OF SEPTEMBER 12, 2000 AND THE
GENERAL ELECTION OF NOVEMBER 7, 2000
WHEREAS, a State Primary Election will be held on Tuesday, September 12, 2000
and a General Election will be held on Tuesday, November 7, 2000; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
that said elections shall be held at the polling places as herein appear specified:
Precinct No. 1
Ward 3
Precinct No. 2
Ward 2
Precinct No. 3
Ward 1
Precinct No. 4
Ward 1
Precinct No. 5
Ward 1
Mt. Calvary Education Building
6541 16th Avenue
St. Peter's Catholic Church
6730 Nicollet Avenue
Sheridan Hills School
6400 Sheridan Avenue
St. Richard's Catholic Church
7540 Penn Avenue
Richfield Middle School (Junior High)
7461 Oliver Avenue
40 Precinct No. 6 Central School Building
Ward 2 7145 Harriet Avenue
Precinct No. 7
Ward 2
Precinct No. 8
Ward 3
Precinct No. 9
Ward 3
Hope Presbyterian Education Facility
7132 Portland Avenue
Richfield Intermediate School
7020 12th Avenue
Centennial School
7315 Bloomington Avenue
and, that the following are hereby appointed as judges for said elections:
James Alagna (R)
Clyde Anderson (R)
Angela Aylward (R)
Kathryn Breeggman (R)
Ted Chao (R)
Corrine Cosgrove (DFL)
Gladys Denesen (DFL)
Julie Erlandson (R)
Mary Ann Ferber (R)
Jette Floberg (R)
Eloise Friend (R)
Nancy Garwick (DFL)
Clara Gmach (DFL)
Mark Amberson (R)
David Arnold (R)
Kathryn Bakke (R)
Erva Brown (R)
Bunkhean Chhun (R)
Stanley Cromer (DFL)
Robert Dover (R)
Lynette Farnell (Ind)
Donna Fischer (DFL)
Ronald Fossum (DFL)
Joe Garcia (DFL)
Beverly Gerber (Ind)
Betty Halloran (R)
Janice Andersen (R)
Benjamin Arriola (R)
Connie Bates (DFL)
Elaine Carlson (R)
Darlene Colbenson (DFL)
Emily Day (DFL)
Liz Ekholm (DFL)
Veronica Fashant (DFL)
Vern Fischbach (R)
Beatrice Frankus (DFL)
Edwina Garcia (DFL)
Elayne Gilhousen (R)
Mary Lee Hanson (Ind)
Betty Harrington (DFL)
Joan Helmer (DFL)
Helen Hillstrom (DFL)
JoAnn Holt (R)
Bob Houlton (R)
Ray Johnson (DFL)
Olga Kelash (DFL)
Shirley Elaine Koebnick (DFL)
Joseph Kovach (DFL)
Robert Kraus (DFL)
Dorothy Lece (DFL)
Doris Liedtke (DFL)
Jeanette Lofstrom (DFL)
Stanley Lunderby (R)
Carolyn Moe (DFL)
Jerad Morey (Ind)
Monica Ann Mullerleile (DFL)
Marilyn Nienkerk (DFL)
Mark Obinger (R)
Mark Pafiolis (DFL)
Barbara Peterson (DFL)
Martha Prottengeier (R)
Harriet Ring (DFL)
Gladie Rudy (DFL)
Joann Schuldt (Ind)
Janice L. Smith (DFL)
Pat Steffer (DFL)
Jason Stroth (R)
Marion Thompson (Ind)
Deborah Tonn (R)
Kathryn Voigt-Johnson (DFL)
Pearl Weitbrecht (DFL)
Gladys Hayden (DFL)
Gertrude Herll (DFL)
Thomas Hoffman (R)
Marian Horning (DFL),
William G. Hulwi (R)
Elaine Kaibel (DFL)
June King (R)
Rosemary Koelln (R)
Lois Kovach (DFL)
Michaeline Kvaale (R)
Pauline Leighton (DFL)
Nancy Lindberg (DFL)
Dorothy B. Lowe (R)
Lorraine Maki (DFL)
Patricia Medley (DFL)
Janice Moore (DFL)
Richard Morey (DFL)
James Niemackl (R)
James Obbink (R)
Robert O. Olson (R)
Ruth Pafko (DFL)
Helen Peterson (DFL)
Eleanor Rasmusson (DFL)
Ward Ring (R)
Donald Solt (DFL)
Judy Schultz (R)
Suzanne Sower (R)
William Stixrud (DFL)
Charlene Swanell (DFL)
Claire Todd (DFL)
Bernice Utter (DFL)
Claire Larson (R)
Diane Mary Healey (R)
Mae Hermansen (R)
Ilene Holen (R)
Jill Horowitz (DFL)
Mary Lou Janco (DFL)
Danette Kamrath (R)
Emil Sherwood Koebnick (DFL)
Earl Kommerstad (R)
Andrew Kovalik (DFL)
Bernadette Lais (R)
Susan Lewis (R)
Jeanne Lindstrom (R)
Norton W. Lund (R)
Cynthia Mandl (DFL)
Donna Mercer (DFL)
Doug Morey (DFL)
Abner Morvig (DFL)
Tom Niemackl (R)
Lee Ohnesorge (DFL)
Fern Oreck (DFL)
Dorothy A. Peabody (R)
Marilyn Peterson (DFL)
Carolyn Ring (R)
Russ Rooney (R)
Dean Schletty (R)
William Sharkey (R)
Mavis Spernick (R)
Geraldine Stoffel (R)
Mary Swanson (DFL)
Pat Toney (R)
Maria Winters (DFL)
PASSED by the City Council of the City of Richfield, Minnesota this 14th day of
August, 2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
AGENDA SECTION: CONSENT
AGENDA ITEM # 3B
REPORT # 188
J STAFF REPORT
CITY COUNCIL MEETING
AUGUST 149 2000
GEORGE L
REPORT PREPARED BY: L. ATKINSON,
ENGINEERING SUPERVISOR
NAME, TITLE
REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR
NAME TITLE
DEPARTMENT DIRECTOR REVIEW:
/ SIGI?(ItTURE
REVIEWED BY CITY MANAGER: 1
ITEM FOR COUNCIL CONSIDERATION:
Consideration of amendment to Minnesota Department of Transportation (MnDOT)
Cooperative Construction Agreement No. 79355-1-R, whereby Richfield agrees to pay to
MnDOT the amount of $15,271 for lowering water main under 66th Street at Girard Avenue.
L RECOMMENDED ACTION:
By Motion: Approve Addendum No. 1 to Cooperative Construction
Agreement No. 79355-1-R and authorize the City Manager and Mayor
to execute such addendum on behalf of the City of Richfield.
Addendum No. 1 provides for Richfield paying to MnDOT the amount
of $15,271 as reimbursement for costs incurred in lowering a water
main under 66th Street at Girard Avenue.
II. BACKGROUND
On September 13, 1999 Council approved Cooperative Construction Agreement
No. 79355-1-R with the Minnesota Department of Transportation (MnDOT). Said
agreement authorized Richfield to pay to MnDOT the amount of $54,569.90 as
reimbursement of expenses incurred by MnDOT in relaying a City water main under
1-35W at approximately 73rd Street.
0814WDOTagreement
During the reconstruction of 66th Street near 1-35W it was discovered that a water
main in the area of Girard Avenue would be so shallow as to pose the threat of
freezing. Because of the need to make a decision in a very short time, staff
approved having MnDOT's contractor lower the water main to an adequate depth.
Addendum No. 1 to Cooperative Construction Agreement 79355-1-R provides
reimbursement from Richfield to MnDOT for the cost of lowering that water main in
the amount of $15,271.
III. BASIS OF RECOMMENDATION
A. POLICY
Richfield has continually tried to maintain and improve its utility
systems so as to provide high quality utility service to residents.
Leaving the water main susceptible to freezing would have meant loss
of service to some residents and the possibility of a very expensive
water main break in 66th Street.
B. CRITICAL ISSUES
Staff has already approved the lowering of the subject water main and
MnDOT has completed the work.
C. FINANCIAL
• Funds have been allocated in the 2000 Water Utility Fund budget for
this work.
D. LEGAL
• None known at this time.
IV. ALTERNATIVE RECOMMENDATION(S) I
• Council could decline to approve this agreement; however, an agreement is
needed to allow repayment to MnDOT of funds owed by the City.
V. ATTACHMENTS I
• Amendment Number 1 to Cooperative Agreement Number 79355-1-R
between the City of Richfield and the Minnesota Department of
Transportation.
Resolution authorizing execution of the Amendment Agreement with the .
State of Minnesota Department of Transportation for cost sharing of water
main construction performed across 66th Street at Girard Avenue.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
0 No one known at this time.
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF
AMENDMENT AGREEMENT NO. 79355-1 WITH
THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION
FOR COST SHARING OF WATER MAIN CONSTRUCTION
PERFORMED ACROSS 66TH STREET AT GIRARD AVENUE
IT IS RESOLVED that the City of Richfield enter into Minnesota Department of
Transportation Agreement No. 79355-1 with the State of Minnesota Department of
Transportation for the following purposes:
To provider for payment by the City of Richfield to the State of Minnesota of the
City's share of the costs of the water main construction and other associated
construction to be performed across 66th Street at Girard Avenue within the corporate
City limits under State Project No. 2782-268 (T.H. 35W=394).
IT IS FURTHER RESOLVED that the Mayor and City Manager are authorized to
execute the Agreement and any amendments to the Agreement.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
August, 2000.
•
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of the City of Richfield at an authorized meeting held on the 14th day of August, 2000, as shown
by the minutes of the meeting in my possession.
(Signature)
Subscribed and sworn to before me this
day of 12000 Thomas P. Ferber
Notary Public Citv Clerk
(Title)
My Commission Expires
•
PRE-LETTING STATE OF MINNESOTA
SERVICES DEPARTMENT OF TRANSPORTATION
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT
AMENDMENT NO. 1
The State of Minnesota
Department of Transportation, and
The Citv of Richfield
Re: City cost watermain construction
by the State under and adjacent
to 35W and 66th Street
S.P. 2782-268 (T.H. 35W=394)
S.P. 157-020-16
Fed. Proj. IM-STP 035W-3(284)
•
AMENDMENT TO
Mn/DOT
AGREEMENT NO.
79355-1-R
AMOUNT ENCUMBERED
(None)
AMOUNT RECEIVABLE
(Original Agreement)
554.569.90
AMOUNT RECEIVABLE
(Amendment No. 1)
515.271.00
THIS AGREEMENT AMENDMENT is made and entered into by and between the
State of Minnesota, Department of Transportation, hereinafter
referred to as the "State" and the City of Richfield, Minnesota,
acting by and through its City Council, hereinafter referred to as
the "City".
1
79355-1
. WHEREAS the State and the City did enter into Agreement No. 79355
dated October 7th, 1999 providing for payment by the City to the
State of the City's share of the cost of water main construction and
other associated construction to be performed upon, along and
adjacent to and under Trunk Highway No. 35W-at Engineer Station
10+800.0 within the corporate City limits under Supplemental
Agreement No. 1 to State Project No. 2782-268 (T.H. 35W=394); and
WHEREAS after Agreement No. 79355 was fully executed, the City
requested, and the State agreed to perform additional water main
construction under 66th Street at Girard Avenue in the City of
Richfield in accordance with Supplemental Agreement No. 6 to State
Project No. 2782-268 (T.H. 35W=394); and
WHEREAS the State and the City desire that Agreement No. 79355 be
amended so that the Agreement reflects the water main construction
under 66th Street at Girard Avenue.
•
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
I
ARTICLE III, SECTION B. OF AGREEMENT NO. 79355 DATED
OCTOBER 7th, 1999, IS HEREBY AMENDED AND MODIFIED TO READ AS FOLLOWS:
Section B. Citv Cost Participation Construction
100 Percent shall be the rate of City cost participation in all of
the water main construction to be performed adjacent to and under
Trunk Highway No. 35W at Engineer Station 10+800.0 and under 66th
Street at Girard Avenue within the corporate City limits under State
Project No. 2782-268 (T.H. 35W=394).
0
2
79355-1
. II
ARTICLE IV, SECTION A. OF AGREEMENT NO. 79355 DATED
OCTOBER 7TH, 1999, IS HEREBY AMENDED AND MODIFIED TO READ AS FOLLOWS:
The City's share of the costs of Supplemental Agreement No. 1 to the
contract construction share was the sum of $54,569.90 as shown in the
attached SCHEDULE "I". The City has paid this amount to the State.
It is estimated that the City's share of the costs of Supplemental
Agreement No. 6 to the contract construction is the sum of $15,271.00
as shown in the attached SCHEDULE "I".
After the following conditions have been met, the City shall advance
to the Commissioner of Transportation the City's total estimated
construction cost share for Supplemental Agreement No. 6 to the
contract construction as shown in the attached SCHEDULE "I":
1. Execution and approval of this Agreement Amendment and the
State's transmittal of same to the City along with a copy of the
SCHEDULE "I".
2. Receipt by the City of a written request from the State for the
advancement of funds.
III
EXCEPT AS AMENDED AND MODIFIED HEREIN, ALL OF THE TERMS AND
CONDITIONS SET FORTH IN AGREEMENT NO. 79355 DATED OCTOBER 7TH, 1999,
SHALL REMAIN IN FULL FORCE AND EFFECT.
•
3
79355-1
• IV
BEFORE THIS AGREEMENT AMENDMENT SHALL BECOME BINDING AND EFFECTIVE,
IT SHALL BE APPROVED BY A CITY COUNCIL RESOLUTION AND RECEIVE
APPROVAL OF STATE AND CITY OFFICERS AS THE LAW MAY PROVIDE IN
ADDITION TO THE COMMISSIONER OF TRANSPORTATION OR HIS AUTHORIZED
REPRESENTATIVE.
V
THE STATE'S AUTHORIZED AGENT FOR THE PURPOSE OF THE ADMINISTRATION OF
THIS AGREEMENT IS MARYANNE KELLY-SONNEK, MUNICIPAL AGREEMENTS
ENGINEER, OR HER SUCCESSOR. HER CURRENT ADDRESS AND PHONE NUMBER ARE
395 JOHN IRELAND BOULEVARD, MAILSTOP 682, ST. PAUL, MINNESOTA 55155,
• (651) 296-0969.
THE CITY'S AUTHORIZED AGENT FOR THE PURPOSES OF THE ADMINISTRATION OF
THIS AGREEMENT IS GEORGE ATKINSON, ENGINEERING SUPERVISOR, OR HIS
SUCCESSOR. HIS CURRENT ADDRESS AND PHONE NUMBER ARE 6700 PORTLAND
AVENUE SOUTH, RICHFIELD, MINNESOTA 55423, (612) 861-9191.
•
4
79355-1
. IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION
Individual certifies that funds have been encumbered Recommended for approval:
as required by Minn. Stat. §§ 16A.15 and 16C.05.
By
By District Engineer
Approved:
Date
By
State Design Engineer
MAPS Encumbrance No.
Date
CITY OF RICHFIELD
By
Mayor
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By
• Date
By
Title
Date
Date
OFFICE OF THE ATTORNEY GENERAL
Approved as to form and execution:
By
Date
00000000000000000000000000000000000000000000000
This Agreement was acknowledged before me this day of 2000,
by and ,
(Name) (Name)
the Mayor and of the City of Richfield.
(Title)
Notary Public
.My Commission Expires
5
p, 5
• i
SCHEDULE "I"
Agreement No.79355-1
City of Richfield
S.P. 2782-268 T.H. (35W=394) Supplemental Agreement No. I
Fed. Proj. IM-STP 035W-3(284)
Watermain construction performed under
Supplemental Agreement No. I and Supplemental Agreement No. 6 to State Contract No. S99146 with Shafer Contracting Co., Inc
located on T.H. 35W at Engineer Station 10+800.0 and across 66th Street at Girard Avenue.
CITY COST PARTICIPATION (ORIGINAL AGREEMENT)
From Sheet No. 1
Subtotal
Credit to City for Mn/DOT not lowering watermain at Engineer Station 10+787.0
(1) Total City Cost
Date: August 4, 1999
Revised: January 11, 2000
Revised: June 29, 2000
60,169.90
$60,169.90 I
(5,600.00)
$54,569.90
CITY COST PARTICIPATION (AMENDMENT NO. '1 TO ORIGINAL AGREEMENT)
From Sheet No. 1 15,271.00
J(2) Total City Cost
$15,271.00
(1) Amount City has already paid to the State per Agreement 79355
(2) Amount of advance payment as described in Article IV, Section A. of the agreement
79355-1
ITEM S.P.s2782-268 UNIT QUANTITY' UNIT PRICE COST
NUnIBER WORK ITEM (1)
SUPPLEMENTAL AGREEMENT NO. 1
2504.603 300 mm WATERMAIN DUCTILE IRON CL52 m 54.90 130.00 7,137.00
2504.603 600 mm STEEL CASING PIPE (JACKED) m 54.90 675.00 _
37,057.50
2504.602 150 mm GATE VALVE AND BOX EACH 600.00
2504.602 200 mm GATEVALVE AND BOX EACH 1.00 850.00 850.00
WORK ORDER NO.4
2504.608 DUCTILE IRON FITTING kg 758.00 8.80 6,670.40
2504.602 300 mm GATEVALVE AND BOX EACH 1.00 1,500.00 1,500.00
2504.603 300 mm WATERMAIN DUCTILE IRON CL52 m 53.50 130.00 6,955.00
60,169.90
(1) 100% CITY 60,169.90
SUPPLEMENTAL' AGREEMENT NO.6
2104.501 REMOVE WATER MAIN m 49.00 82.00 4,018.00
2504.602 CONNECT TO EXISTING WATER MAIN EACH 2.00 500.00 1,000.00
2504.603 150 mm WATER MAIN DUCTILE IRON CL. 52 m 49.00 197.00 9,653.00
2504.602 150 mm GATE VALVE & BOX EACH 1.00 600.00 600.00
- TOTAL $15,271.00
O 100% CITY' $15,271.00 -
-2-