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08-10-92 agenda 0 CITY OF RICHFIELD, MINNESOTA MONDAY, AUGUST 10, 1992 SPECIAL CITY COUNCIL MEETING 6:30 P.M. LOBBY CONFERENCE ROOM CALL TO ORDER I. INTERVIEW OF PERSONS INTERESTED IN SERVING ON CITY'S SISTER CITY COMMISSION ADJOURNMENT REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA • INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OF (1) REGULAR CITY COUNCIL MEETING OF JULY 27, 1992 AND (2) CITY COUNCIL STUDY SESSION OF AUGUST 3, 1992 PRESENTATIONS 1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT LISTED ON THE AGENDA AGENDA APPROVAL 2. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR NOTE: 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. 3A. CONSIDERATION OF.APPROVAL OF RESOLUTION AUTHORIZING EXECUTION OF 1992 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBRECIPIENT AGREEMENT C.L. 187 B. CONSIDERATION OF APPROVAL OF RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF PROPERTIES FOR 77TH STREET PROJECT C.L. 188 C. CONSIDERATION OF APPROVAL OF RESOLUTION APPROVING ADDITIONAL EXPENDITURE OF $20,000 FROM RICHFIELD'S MUNICIPAL STATE AID CONSTRUCTION ACCOUNT FOR NICOLLET AVENUE OVERLAY C.L. 189 D. CONSIDERATION OF APPROVAL OF RESOLUTION PROVIDING POLLING PLACES AND DESIGNATING ELECTION JUDGES FOR SEPTEMBER 15, 1992 STATE PRIMARY ELECTION C.L. 190 E. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING RENEWAL OF LEASE OF CITY PROPERTY FOR MOBILE HOME PARK TO THOMAS E. PRICE C.L. 191 F. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR TWO SUBMERSIBLE PUMPS FOR NEW LIFT STATION FROM TECHNIFLOW CORPORATION IN THE AMOUNT OF $6,700 PLUS TAX FOR TOTAL OF $7,140 C.L. 192 G. CONSIDERATION OF APPROVAL OF REQUEST BY CHURCH OF ST. PETER FOR ITINERANT PLACE OF AMUSEMENT LICENSE WITH FEE WAIVER FOR 1992 FALL FESTIVAL ON SEPTEMBER 12 AND 13, 1992 C.L. 193 • H. CONSIDERATION OF APPROVAL OF APPLICATION FOR RENEWAL OF RESIDENTIAL KENNEL LICENSE, 6633 15TH AVENUE, 2 DOGS AND 4 CATS C.L. 194 I. CONSIDERATION OF APPROVAL OF APPLICATION FOR NEW RESIDENTIAL KENNEL LICENSE, 7400 PILLSBURY AVENUE, 3 CATS C.L. 195 J. ESTIMATE #5 AND FINAL PAYMENT FOR STORM SEWER IMPROVEMENT.AT 69TH AND XERXES AVENUE; S.M. HENTGES & SONS, INC.; $80,782.06 K. ESTIMATE #2 PAYMENT FOR PARK BUILDING AT JEFFERSON PARK; C.O. FIELD COMPANY; $19,307.00 PROPOSED ORDINANCE 4. FIRST READING CONSIDERATION OF AMENDMENT TO APPENDIX I. OF CITY ZONING CODE, REZONING PROPERTY AT 521 WEST 64TH STREET FROM R-RESIDENTIAL TO C-2 (GENERAL COMMERCIAL) COUNCIL LETTER NO. 196 PUBLIC HEARING 5. PUBLIC HEARING REGARDING REQUEST FOR NEW 1992 ON-SALE AND SUNDAY LIQUOR LICENSE FOR PAISAN INCORPORATED d/b/a KHAN'S MONGOLIAN BARBECUE, 500 EAST 78TH STREET COUNCIL LETTER NO. 197 0 C • ADMINISTRATIVE REPORTS & OTHER BUSINESS 6. CONSIDERATION OF REJECTION OF BID RECEIVED JULY 28, 1992 FOR CONSTRUCTION AND INSTALLATION OF MINIATURE GOLF COURSE AT VETERANS MEMORIAL PARK OF RICHFIELD AND AUTHORIZATION FOR READVERTISEMENT FOR BIDS COUNCIL LETTER NO. 198 7. CONSIDERATION OF APPOINTMENT TO SISTER CITY COMMISSION COUNCIL LETTER NO. 199 AIRPORT BUSINESS 8. AIRPORT STATUS REPORT CORRESPONDENCE • 9. LEGISLATIVE REPORT COUNCIL CHOICE 10. COUNCIL DISCUSSION ITEMS 11. CLAIMS AND PAYROLLS 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 861-9702. 0 CITY OF RICHFIELD, MINNESOTA • Council Letter No. 199 Agenda August 10, 1992 Issue Statement: Appointment to the Sister City Commission. Background: In January 1992, the City Council made several appointments to the City's Boards/Commissions. However, due to a resignation, a vacancy was created on the Sister City Commission. Persons interested in serving on the Sister City Commission were interviewed on August 10, 1992 at a Special City Council meeting. Recommended Motion: Appoint a member to fill the vacancy on the Sister City Commission. Basis of Recommendation : 1. In order to assure a quorum for future meetings, an appointment should be made at this time. 2. This appointment will complete the membership of the Sister City Commission. • Alternative Recommendation: 1. Defer the appointment to a later Council meeting. Discussion/Decision Mode: This item is placed on the August 10, 1992 Council agenda for Council consideration. The appointment will begin immediately. Respectfully submitted, Ja WeD. rosse r Ci er JDP:cak • CITY OF RICHFIELD, MINNESOTA Council Letter No. 198 Agenda August 10, 1992 Issue Statement: Reject bids for•construction and installation of a miniature golf course at Veterans Memorial Park of Richfield. Background: On July 28, 1992, bids were received for the miniature golf course at Veterans Memorial Park of Richfield. Proposals included a base bid and eight deduct alternates. One bid was received. It exceeded the estimate by approximately 20%. The consultant and staff are currently revising the specifications to reduce the range of construction specialties required under one contract and to simplify plans without altering the appeal of the course. Additional time will be provided for bidding as apparently some vendors felt there was not sufficient time provided for preparing a bid the first time which was during their busy season. By doing these things, it is hoped there will be more contractors willing to submit bids. Recommended Motion: • Accept the bid minutes/tabulation; reject the one bid received July 28, 1992 and authorize readvertisement for bids. Basis of Recommendation: 1. It is the understanding of staff that the one bid received included a high markup to obtain and coordinate subcontractors. 2. By revising the specifications, additional bidders and lower bids are anticipated. 3. The miniature golf project is in the 1992 Capital Budget. The facility meets Council goals for expanding Enterprise Funds. Construction of the facility will help round out the experience for a family or individual visiting Veterans Memorial Park of Richfield. Alternative Recommendation: 1. Award a contract to the one bidder submitting a proposal. However, staff feels more competitive prices may be received by revising the specifications and readvertising. 2. Reject the one bid.received July 28, 1992, but do not • authorize readvertisement for bids at this time. (0-) • Discussion/Decision Mode: This item is scheduled for the August 10, 1992 Council meeting. Action is requested at this time to allow sufficient time to readvertise, construct the course and still allow use of the miniature golf course in 1993. Resppc,tfully submitted, Ja ,$ D. Prosser Ci v anaaer JDP:ds Attachment 0 O i Q 0 g o ? c 0 co O 3 0 • 3 4H o ° ? 44 to .0 t l1 0 O ? °o O CD -P o 0 (1) to " _ N Q a) (1) ?4 ° -H 0 .J a) U 0 4-) -) 44 0 ° ?? 4 + N (0 4-I 0 -? O to 'C3 • O a) U °o N ? ° b N Q a ? p (0 0% ? O O?O? 1•'. a >~ O LH LO 4-) -H 4-) 10 O+)(1) r-1 P co ° r. Q Q N O CG M4-) r-I -r1 O b b i!1 -H4 w 0 A a) p 0 z t' ? ? ? o ? a? 0 c0 e?00 oa r a o m O) w? 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Ea r-I m 3 o m J C.7 a) ri U a to c0 E C E-4 6 CITY OF RICHFIELD, MINNESOTA Council Letter No.197 Agenda August 10, 1992 Issue Statement: Consideration of a request for a new 1992 on-sale and Sunday liquor license for Paisan Incorporated d/b/a Khan's Mongolian Barbecue, 500 East 78th Street. Background: On June 15, 1992, the City received the new applications and other required documents for the on-sale and Sunday liquor licenses for Khan's Mongolian Barbecue. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: ? Mr. Mitchal W. Law has made application for an on-sale and Sunday liquor license under the name Paisan Incorporated d/b/a Khan's Mongolian Barbecue. The corporate structure shows that Mr. Mitchal Law is serving as President and Treasurer, and his wife, Paisan Law, is Vice-President and Secretary. Mr. Mitchal Law will be serving as the General Manager of the restaurant. Mr. Mitchal Law and Paisan Law will be sole owners of the restaurant. Neither of these individuals has any known criminal record. ? Mitchal and Paisan Law also own and operate two other Kahn's Mongolian Barbecues. One is in Roseville and the other in Dinkytown. Staff has contacted health and police officials in both communities and found they had no record of any complaints or violations of liquor licensing ordinances or statutes. ? Interviews with individuals listed on Mr. & Mrs. Law's applications were conducted by Public Safety personnel and found that both are described as individuals of outstanding character and business ethics. They felt that they were both sensitive to the needs of the customers and responsive to the concerns of the community and the City. ? Background criminal history record checks shows that Mitchal or Paisan Law have no known criminal history, and no outstanding warrants. The lease between the applicant and the property owner, Mr. Roy A. Bogen, is in effect June 1, 1992. ? All property taxes and assessments have been paid by Mr. Bogen. ? The $10,000 bond has not been received but will be submitted as soon as possible. • 5I ? The required proof of liquor liability insurance and the proof of workers' compensation insurance coverage has not been received but will be submitted as soon as possible. ? The previous food establishment used a drive-thru window. The building official has advised Mr. Law of the need for the window to be permanently closed off and unable to be used. Mr. Law has indicated his willingness to comply with the City's request regarding the drive-up window and will do whatever is necessary. Currently there are two liquor licenses available. One is being reserved for Paul Kundson. The remaining license has been applied for by Khan's Mongolian Barbeque. Recommended Motion: Approve the issuance of a new 1992 on-sale and Sunday liquor license for Khan's Mongolian Barbecue. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City codes and State Statutes pertaining to on-sale and Sunday liquor licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to • deny the license requested. Alternative Recommendation: 1. The Council could decide to deny the request for an on-sale and Sunday liquor license. This would mean that the restaurant would be unable to serve any intoxicating liquor. Discussion/Decision Mode: The public hearing to consider the request for the issuance of an on-sale and Sunday liquor license for Khan's Mongolian Barbecue has been scheduled for August 10, 1992 and is being presented to Council at this time. y submitted, James City JDP:ds Prosser 0 y CITY OF RICHFIELD, MINNESOTA Council Letter No. 196 Agenda August 10, 1992 Issue Statement: First reading consideration of an amendment to Appendix I of the City Zoning Code, rezoning property at 521 West 64th Street from R-residential to C-2 (general commercial). Background: Investors Savings Bank, owner of Woodlake Plaza Shopping Center, is requesting the rezoning of property at 521 West 64th Street from R to C-2. They have a purchase agreement on the existing home which is contingent upon the outcome of the rezoning request. The home would be demolished and a parking lot would be constructed on the site, accommodating additional parking for Woodlake Plaza. The rezoning application, in conjunction with an off-street parking permit, would expand Woodlake Plaza's parking capacity from 78 to 103, adding 25 new spaces. This proposal would bring Woodlake Plaza into conformity with City parking standards. The application states that the rezoning and parking expansion will improve the viability and vitality of Woodlake Plaza by attracting a more compatible tenant mix. The rezoning will also improve site appearance and overall presentation of Woodlake • Plaza to the neighborhood and the City. The parking area would be screened and buffered from the adjacent residences and 64th Street through a combination of fencing and plant materials. Concurring signatures from property owners of at least 50% of the land within 300 feet is required for a valid rezoning application. This rezoning application included signatures of property owners of 80.9% supporting the rezoning application. Recommended Motion: Approve first reading of an amendment to Appendix I of the City Zoning Code, rezoning property at 521 West 64th Street from R to C-2, and set a second reading and public hearing for September 14, 1992. Basis of Recommendation: 1. The parking expansion would alleviate some of the traffic circulation problems now present in this area of the City. 2. The proposed site improvements would comply with City engineering and landscape requirements. 3. The parking area with buffer yard and screening would minimize the impact of the Center on the adjacent properties, while improving the overall appearance of the neighborhood. • 4. Approval of the request would not constitute a spot zone, because contiguous parcels are presently zoned C-2. 5. On July 28, 1992, the Planning Commission voted unanimously. to recommend approval of the rezoning with a stipulation that a mediated session between Woodlake Plaza and adjacent residents take place prior to the second reading. The purpose of mediation is to discuss lighting concerns and work out a suitable lighting plan. The mediation will be scheduled prior to the second reading. 6. The alley which runs behind Woodlake Plaza was vacated in 1982. Alternative Recommendation: 1. The City Council could deny the rezoning. 2. The City Council could refer the amendment back to the Planning Commission with instructions. 3. The City Council could approve the first reading, but defer second reading until the outcome of mediation is known. Discussion/Decision Mode: First reading is set for August 10, 1992. If approved, a public • hearing and second reading will be held on September 14, 1992. Respectfully submitted, rosser JamJMager CitJDP:ds ?a Bill No. 1992- AMENDMENT TO APPENDIX I OF THE CITY ZONING CODE OF THE CITY OF RICHFIELD The City of Richfield does ordain: Appendix I which describes the boundaries of the various zoning districts of the City is herby amended in the following respect: Section 3, Paragraph (26) is amended to read as follows: (26) All of Lots 3 through 5 and -1-2 11 through 20, Block 6 Lyndale Oaks Addition; and Lot 2, Block 2, J.N. Hauser's Second Addition. Passed by the City Council of the City of Richfield, Minnesota this 24th day of August, 1992. 0 Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 ..a .. 7`3 Z I I Vk ZZ k NJ 0.? s , 0- oil r A o. 14 x ? ?• d J 10 #1 I 1111 b F G Q N i ' wy1 ? k rL `\ } , r! ? ZV? ZZ ?;?lt It ;?!?;t ' 'j t?'-`t r . •• rrr of r/ rr .N N w ` *; I all R; a P8 _ aN? ®t s : o goof pa 3 = ? a z p j Iy ) b?s? J'1iO i x ? -- ?Q J N r w ? A, O ,. o W O •D A INV m a bID •? hO ? ?1 Z C3? Z 01 ? a S ii ? ? j'y x• 2 ? ia; p ' ? i? tiili t ??O ? ? 2 {{ ? ? A?35`?. i3l teifaiYizo S f3 Z FS I© I j: a 4LJ i a ' i `-J?-_?_6? ; t. ?' '' ? r .. t ? ? ten, ? ?• ? . i •- l`! N po P-4 ui V/ - ? i .. ••. 'm is S: 15-T CITY OF RICHFIELD, MINNESOTA Council Letter No. 195 Agenda August 10, 1992 Issue Statement: Consideration of an application for a new residential kennel license for Lynne and Scott Clarke, 7400 Pillsbury Avenue. Background: On July 23, 1992, Lynne and Scott Clarke submitted an application for a residential kennel license. They own three cats. Lynne and Scott Clarke's application had all contiguous property owner's signatures on it. On August 1, 1992, an inspection of the property was conducted by a Community Service Officer. There were no apparent problems found at that time. Although this application is for three cats, it does not exceed the maximum number of six animals that was approved by the Council as policy on July 22, 1991. Recommended Motion: Staff recommends that the application for a residential kennel license be approved. • Basis for Recommendation: 1. It is up to the animal owner to prove that the keeping of more than two cats does not have an adverse effect on the neighborhood. Lynne and Scott Clarke have been able to do this. Alternative Recommendation: 1. The Council could decide to deny Lynne and Scott Clarke's residential kennel license. This would mean that they would have to reduce the number of cats they have from three to two. Discussion/Decision Mode: Recommendation to approve the application for a residential kennel license for Lynne and Scott Clarke, 7400 Pillsbury Avenue, is presented for Council consideration at this time. y submitted, J Pro CitINanaaers ser JDP:ds 0 ,3H • CITY OF RICHFIELD, MINNESOTA Council Letter. No. 194 Agenda August 10, 1992 Issue Statement: Consideration of an application for a renewal of a residential kennel license for Karen Patek, 6633.15th Avenue. Background: On July 21, 1992, Karen Patek submitted an application for a residential kennel license. She owns two dogs and four cats. Ms. Patek's application had all contiguous property owner's signatures on it. On July 26, 1992, an inspection of the property was conducted by a Community Service Officer. There were no apparent problems found at that time. Although this application is for two dogs and four cats, it does not exceed the maximum number of six animals that was approved by the Council as policy on July 22, 1991. Recommended Motion: Staff recommends that the application for a residential kennel license be approved. • Basis for Recommendation: 1. It is up to the animal owner to prove that the keeping of more than two dogs and two cats does not have an adverse effect on the neighborhood. Ms. Patek has been able to do this. Alternative Recommendation: 1. The Council could decide to deny Ms. Patek's residential kennel license. This would mean that she would have to reduce the number of cats she has from four to two. Discussion/Decision Mode: Recommendation to approve the application for a residential kennel license for Karen Patek, 6633 15th Avenue, is presented for Council consideration at this time. Res t ully submitted, Jam Prosser Cit anager JDP:ds 0 3C? CITY OF RICHFIELD, MINNESOTA . Council Letter No. 193 Agenda August 10, 1992 Issue Statement: Request by the Church of St. Peter for an itinerant place of amusement license for the 1992 Fall Festival to be held September 12 and 13, 1992. Background: On July 15 ,1992, the Church of St. Peter submitted a request for an itinerant place of amusement license for September 12 and 13, 1992. They are requesting that the fee be waived. Recommended Motion: Approve the license fee waived for September 12 and 13, 1992 for St. Peter's 1992 Fall Festival. ` Basis for Recommendation: 1. The applicant has complied with the City codes pertaining to this license. 2. The City has previously issued this license in conjunction with the St. Peter Fall Festival. Alternative Recommendation: • 1. The Council could decide to.deny the request. The Public Safety Department has not found any basis for a denial. In addition, the council has previously granted this license in conjunction with the St. Peter Fall Festival. Discussion/Decision Mode: The request for this license has been placed on the consent calendar for August 10, 1992. ReFeD. ly submitted, Ja rosser C i er JDP:ds 0 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 192 Agenda August 10, 1992 Issue Statement: Purchase in excess of $5,000 for two submersible pumps for a new lift station. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. The sanitary sewer line at 72nd Street and Humboldt Avenue on the east side of 135W has become increasingly difficult to maintain. The sewer line backups in the area have dramatically increased in the last year, and the sewer staff is currently "jet cleaning" the sanitary sewer line weekly. Upon investigation, staff has concluded that the cast iron sewer line under 135W has sagged and is rusting. This sag and rust scale causes a periodic blockage in the sewer line crossing 35W at 72nd Street. The sanitary sewer then backs up into nearby homes. To alleviate this problem, a submersible lift station is required to pump the water across 135W. The existing sagging sewer line will be slip-lined with PVC pipe to isolate the rust scale. Staff requested and received quotations for two pumps for a new lift station with the following results: Techniflow Corporation $ 74,140 Waldor Pump & Equipment 11,290 Recommended Motion: Approve a 1992 purchase order to Techniflow Corporation for two submersible pumps in the amount of $6,700 plus tax, for a total of $7,140. Basis of Recommendation: 1. To alleviate continuous residential sewer backups in the area of 72nd Street and Humboldt Avenue the sewer division must increase the sewer flow across 135W using two lift station pumps. 2. Techniflow Corporation submitted the lowest quotation for the pumps. 3. The 1992 Sanitary Sewer Revised Budget contains $20,000 for • the lift station project. 3F=/ Alternative Recommendation: . Council may choose not to accept any of the quotations and instruct staff to obtain new quotes. However, staff does not believe the City can obtain a better price than the low quote from Techniflow Corporation. Discussion/Decision Mode: Staff requests approval at the July 27, 1992 Council meeting. Respee*ft?lly submitted, Jame' 9. Prosser Citv naaer JDP:ds • 0 3E, CITY OF RICHFIELD, MINNESOTA Council Letter No. 191 . Agenda August 10, 1992 Issue Statement: Authorize renewing lease of City property to mobile home park. Background: For many years the City has leased a small 10' x 470' tract of land to Mr. Thomas Price for operation of a mobile home park. The mobile home park is located east of Lyndale Avenue, north of the Century Court Apartments and west of the City's Lincoln Field Park. The existing lease has expired. The described tract of land is not presently needed for municipal purposes. It appears continuing the lease is in the best interest of the City. It is understood that the property can be used only in conjunction with a mobile home park, that no permanent structure other than a fence may be erected, that no other use of the leased land may be made without written consent of the City and.that the City Council may at any time terminate the lease if it is determined that a mobile home park is incompatible with the City's use of its adjacent park property. The term of the proposed lease is five years. It includes a 3% escalation of payment each of the five years for a total payment of $2,442.72. The rental sums received under provisions of the proposed lease are paid into the general fund. Recommended Motion: Approve the attached resolution authorizing the Mayor and City Manager to execute the proposed lease on behalf of the City. Basis of Recommendation: 1. The 10' x 470' tract of land at Lincoln Field Park is not presently needed for municipal purposes. 2. Mr. Price has leased this tract of land for a mobile home park for many years. 3. Mr. Price has agreed to the terms of the proposed lease. Alternative Recommendation: None. Discussion/Decision Mode: This item is scheduled for the August 10, 1992 Council meeting. Resp ct 1 y submitted, James Prosser • City ger JDP:ds Attachment RESOLUTION NO. RESOLUTION AUTHORIZING LEASE OF CITY PROPERTY TO THOMAS E. PRICE BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. A proposed lease of the north 10 feet of the following described tract of land, to-wit: The west 468.68 feet of the east 493.68 feet of that part of the south 20 acres of the north 30 acres of the northwest quarter of the southwest quarter lying south of the north four feet thereof of Section 34, Township 28, Range 24 to Thomas E. Price is hereby ordered to be placed on file. 2. It is hereby determined that the premises described in said lease are not presently needed for municipal purposes and that such premises will not be needed for a term of five years. 3. It is hereby determined to be necessary and expedient for the • City to lease such premises to Thomas E. Price for use in connection with a mobile home park and such proposed lease is hereby approved. The Mayor and City Manager are hereby authorized and directed to execute such lease for and on behalf of the City. 4. All rental sums received under the provision of such lease shall be paid into the General Fund. Passed by the City Council of the City of Richfield, Minnesota, this 10th day of August, 1992. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk ' LEASE THIS INDENTURE, made as of this first day of August, 1992, by and between the CITY OF RICHFIELD, MINNESOTA, party of the first part, Lessor, and THOMAS PRICE, party of the second part, Lessee, WITNESSETH,• that the said party of the first part,-in consideration of the rents and covenants, hereinafter mentioned, does hereby Demise, Lease and Let unto the said party of the second part, and the said party of the second part does hereby hire and take from the said party of the first part, the following described premises, situated in the County of Hennepin, and State of Minnesota, viz: The north ten feet of the-following described tract of land, to-wit: The west 468.68 feet of the east 493.68 feet of that part of the south 20 acres of the north 30 acres of the northwest quarter of the southwest quarter lying south of the north 4 feet thereof of Section 34, Township 28, Range 24. TO HAVE AND TO HOLD, the above rented premises unto the said • Lessee, his heirs and assigns, for and during the full term of this Lease is terminated by the City before expiration of such term as provided below. And the said Lessee agrees to and with the said Lessor to pay as rent for the above mentioned premises the sum of Two Thousand Four Hundred Forty-Two and Seventy-Two/100 ($2,442.72) Dollars, payable in advance each year as follows: 1992: Four Hundred Sixty and Ten/100 ($460.10) 1993: Four Hundred Seventy-Three and Ninety/100 ($473.90) 1994: Four Hundred Eighty-Eight and Twelve/100 ($488.12) 1995: Five Hundred Two and Seventy-Six/100 ($502.76) 1996: Five Hundred Seventeen and Eighty-Four/100 ($517.84) First payment shall be made upon execution of this Lease to cover the period of August 1, 1992 through July 31, 1993 and so on for the period of this lease. The leased premises are to be used as part of a mobile home park operated by the Lessee. No permanent structure other than a fence shall be erected by the Lessee on the premises. No other use of the leased premises may be made by the Lessee except with the written consent.of the Lessor. 0 -2- The Richfield City Council may, at any time during the term of this Lease, terminate it if it.determines that the use of the leases premises as part of a mobile home part is incompatible with the City's use of its adjacent park property. And it is further agreed by and by and between the parties as follows: That should the said Lessee fail to make the above .mentioned payments as herein specified, or to pay the rent aforesaid when due, or fail to fulfill any of the covenants herein contained, then and in that case it shall be lawful for the said Lessor to reenter and take possession of the above rented premises, and hold and enjoy the same without such reentering working a forfeiture of the rents to be paid and the covenants to be"performed-by-'the said Lessee for the full term of this Lease. And the said Lessee also covenants and agrees to and with the said Lessor not to assign this Lease, or underlet the above rented premises or any part thereof, without first obtaining the written concent of said Lessor, and that he will, at the expiration of the time as herein recited, quietly yield and surrender the aforesaid premises to the said Lessor, heirs and assigns, in as good condition and repair as.when he took them, reasonable wear and tear and damage by the elements alone • excepted. And the said Lessor does covenant that the said Lessee, on paying the rent and performing the covenants aforesaid, shall and may peaceably and quietly have, hold and enjoy the said demised premises for the term aforesaid. IN TESTIMONY WHEREOF, both parties have hereunto set their hands and seals the day and year first above written. CITY OF RICHFIELD, MINNESOTA B Martin Kirsch, Its Mayor B 74 ? n i J,am4s D."Prosser, Its Manager 771' Thomas Price / 3E-y" STATE OF MINNESOTA) ss. • COUNTY OF HENNEPIN) On this day o A.D. 1992, before me, a Notary Public within and f r said ounty, personally appeared THOMAS PRICE to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. al- LOtS E. JOHNSON NOta?y Pub1i PJK:M HrENN=- - n County Of Hennepin I%W w COMMOSM EXPM 74W State of "Minnesota My Commission expires 19? • 0 ?b CITY OF RICHFIELD, MINNESOTA • Council Letter No. 190 Agenda August 10, 1992 Issue Statement: . Resolution providing for polling places and designating election .judges for the September 15, 1992 State Primary Election. Background: Minnesota Statute 204B.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 State Primary Election will be conducted on Tuesday, September 15, 1992. Therefore, the City Council must appoint election judges to serve at this election. Recommendation: Adopt the attached resolution designating polling places and appointing election judges for the State Primary Election to be held on Tuesday, September 15, 1992. Basis for Recommendation: 1. Compliance with Minnesota Statute 204B.21, Subd. 2 2. The proposed resolution contains names of those who have indicated a willingness and ability to serve as an election judge for the September 15, 1992 State Primary Election. The names come from a pool of people who have indicated their interest in serving as an election judge to the County Auditor pursuant to the provisions of M.S..204B.21 subd.l and those who have previously served or indicated interest in serving. Alternative Recommendation: 1. The City Council could chose to appoint others who are not named in the resolution. 2. If the City Council does not appoint election judges, the conduct of the election-would not be valid. Discussion/Decision Mode: The City Council is required by state statute to make election judge appointments at least 25 days prior to the election. Therefore, it is recommended the City Council pass the attached resolution at this meeting. Respectfiglly submitted, Jam saProsser • Cit nacrer ?- I 9 RESOLUTION NO. RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING JUDGES FOR THE STATE PRIMARY ELECTION OF SEPTEMBER 15, 1992 WHEREAS, a State Primary Election will be held on Tuesday, September 15, 1992. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Richfield, that said election shall be held at the polling places as herein appear specified: Precinct No. 1 Mt. Calvary Education Building Ward 3 -6541 16th Avenue Precinct No. 2 St. Peter's Catholic Church Ward 2 6720 Nicollet Avenue E Precinct No. 3 Sheridan Hills School Ward 1 6400 Sheridan Avenue Precinct No. 4 St. Richard's Catholic Church Ward 1 7540 Penn Avenue Precinct No. 5 Richfield Junior High School Ward 1 7461 Oliver Avenue Precinct No. 6 Central School Building Ward 2 7145 Harriet Avenue Precinct No. 7 Hope Presbyterian Education Facility Ward 2 7201 4th Avenue Precinct No. 8 Richfield Intermediate School Ward 3 7020 12th Avenue Precinct No. 9 Centennial School Ward 3 7315 Bloomington Avenue 0 0 • and, that the following are hereby appointed as judges for said election: Shirley Gisselquist (DFL) Ralph Roberts (IR) 'Lois Kovach (DFL) Joyce Morrell (IR) Millie Hines (DFL) Mae Hermansen (IR) Elaine Gilhousen (IR) Fern Oreck (DFL) Myrtle Lindgren (IR) Lavella Turek (DFL) Jette Floberg (IR) Julian Sandsness (IR) Frederick Moore (DFL) Helen Hillstrom (DFL) Jan Andersen (IR) Linda Bloomgren (DFL) Rose Hoppenrath (IR) Helen Moritz (DFL) Charlotte Bonstrom (IR) Lois Ball (DFL) Danette Kamrath (IR) Gaynelle Buckland (DFL) Angela Aylward (DFL) Marilyn Sue Wagner (IR) Dave Arnold (IR) Patricia Medley (DFL) Phyllis Reinmuth (DFL) Lois Karnas (IR) James Harkness (DFL)- Alvina Mjelve (IR) Robert Mack (DFL) Bernadette Lais (IR) Joan Pelfrey (DFL) Jean Frenz (IR) Vernette Carlson (DFL) Della Shuck (DFL) Alice Dickinson (IR) Elizabeth Swanson (DFL) Emily Day (DFL) Eloise Friend (IR) Maurice Devitt (DFL) Gertrude Herll (DFL) Audrey Winslow (IR) Ray Johnson (DFL) Renee Nelson (IR) Howard Mortensen (IR) Margaret Mortensen (IR) Corrine Cosgrove (DFL) Barb Cook (DFL) Sue Lewis (IR) Jack Winslow (IR) Ilene Holen (IR) Pat Bunting (DFL) Stanley Dzik (IR) Martha Prottengeier (IR) Geraldine Stoffel (IR) Ruth Pafko (DFL) Edith Nye (IR) Betty Halloran (IR) Muriel Bernstein (DFL) Gladys Hayden (DFL) PASSED by the City Council of Richfield, Minnesota this 10th day of August 1992. Martin J. Kirsch ATTEST: Thomas P. Ferber City Clerk Mayor 3C, CITY OF RICHFIELD, MINNESOTA Council Letter No. 189 Agenda August 10, 1992 Issue Statement: Adoption of a resolution approving an additional expenditure of $20,000 from Richfield's Municipal State Aid (MSA) construction account for the Nicollet Avenue overlay. Background: On July 13, 1992, the City Council approved a cooperative construction agreement with Hennepin County and an expenditure of $10,000 from Richfield's MSA construction account for the City's portion of the Nicollet Avenue/Trunk Highway 62 to 1494 overlay project. On July 29, Hennepin County Public Works staff sent a letter informing Richfield staff of contract prices of the lower bidder and of final MSA eligibility. 1. The low bid for the project came in 34% higher than Hennepin County engineers' estimates on Richfield's items. Most of the change is due to an increase in the curb and gutter bid item. Richfield and the County share 50/50 in curb and gutter costs. Because the increase was more than the 20% allowed in the City/County cooperative construction agreement, Richfield has the right to withdraw from the • agreement. City staff believes that the County's engineers' estimate was too low and that the bid price is acceptable. 2. The Office of State Aid has determined that some of the utility manhole adjustment items that were previously assumed to be ineligible for MSA reimbursement were determined eligible by the MSA office. Because they are now MSA eligible, the sanitary sewer fund will not now have to pay for them. 3. Richfield's cost is now estimated at $23,921. Contingency and engineering costs increase the estimate to $30,000. All but approximately $400 is now MSA eligible for reimbursement. The $400 would be paid for out of the sanitary sewer fund. Because the proposed improvement is an "off-system" improvement (not part of the City's MSA system), the State will not allow the City to receive more funds from the account than the City Council authorizes. Therefore, staff is requesting the City Council to approve $20,000 more than the original $10,000 authorized July 13, 1992. Any funds that are approved but not spent will remain in Richfield's MSA construction account. The changes being considered here are minor when compared to the $500,000 investment being made in the Hennepin County overlay contract. The MSA contingency amount allows adjustments due to changes in quantity without further Council action. 10 Recommended Motion: Approve the attached resolution authorizing expenditure of an additional $20,000 from Richfield's MSA construction account for the proposed improvement. Basis for Recommendation: 1. Overlaying Nicollet Avenue is necessary to maintain the road in good order. The $500,000 overlay project is a good, much needed improvement to Nicollet Avenue. 2. The cost to Richfield is small compared to the County, and will be paid by MSA or the sewer utility fund. No general fund monies will be required. 3. The low bidder's bid on Richfield's items are acceptable. 4. Council approval is necessary to obtain the MSA funding required for this project. Alternative Recommendation: Council could choose to not participate in this project; however, funding is available now and non-participation could delay or halt a much-needed improvement. Discussion/Decision Mode: This item appears on the August 10, 1992 Council agenda. Staff • is requesting approval at this time in order to allow Hennepin County to complete the work in a timely manner. Res lly submitted, Ja a Prosser Ci y anager JDP:ds Attachment 0 RESOLUTION NO. of RESOLUTION AUTHORIZING EXPENDITURE OF AN ADDITIONAL $20,000 OF RICHFIELD'S MUNICIPAL STATE AID CONSTRUCTION MONIES TO OFFSET CERTAIN EXPENSES IN CONJUNCTION WITH THE RESURFACING OF NICOLLET AVENUE WHEREAS, it has been deemed advisable and necessary for the City of Richfield to participate in the cost of the applying of a new driving surface on Nicollet Avenue from T.H. 62 (Crosstown Highway) to 1494; and .WHEREAS, County policy requires that the City participate in certain costs associated with this project; and WHEREAS, the cost of such improvement is estimated to be approximately $30,000; and WHEREAS, the City Council approved $10,000 for the project at the July 13, 1992 Council meeting; and WHEREAS, the approval of the City Council is needed to expend Municipal State Aid funds on an off-system improvement. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield does hereby appropriate from its Municipal State Aid Construction • Account the additional sum of $20,000 ($30,000 total) to apply toward the said improvement and request the Commissioner of Transportation to approve this authorization. Adopted by the City Council of the City of Richfield this 10th day of August, 1992. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk 0 ou CITY OF RICHFIELD, MINNESOTA Council Letter No. 188 Agenda August 10, 1992 Issue Statement: Adoption of resolution establishing just compensation and authorizing the purchase of property for the 77th Street project. Background: On the basis of recent discussions with MnDOT, it may be possible to make offers for property acquisition near the end of August in the area west of Portland Avenue. At the present time, MnDOT and the Federal Highway Administration (FHWA) continue their respective review of the project. The City's appraisers, and review appraiser, recently completed appraisal and review appraisal work on takings for property east of I-35W and west of Portland Avenue. Properties were appraised in accordance with MnDOT and FHWA procedures and standards. The attached list provides profiles for the property for which the setting of just compensation is being requested. Please note that this list does not include the five (5) "hardship" properties. The City Council at meetings on July 13, and July 27, 1992, established just compensation for these properties. • There are twelve (12) single family homes, one (1) apartment building, and two (2) businesses. Just compensation includes fixture values for the businesses. The total just compensati for the homes are $962,000, $137,000 for the apartment buildi and $317,950 for the businesses. The aggregate total, estima relocation benefits are $156,000 for the homes, $35,300 for t apartment building, and $40,500 for the businesses. Recommended Motion: Adopt the attached resolution that, subject to MnDOT and FHWA approval, does the following: on ng, ted he 1. Sets just compensation and authorizes staff to negotiate and purchase the properties at the indicated values; and 2. Authorizes the City Manager and Mayor to execute purchase agreements in the amounts of just compensation. Basis of Recommendation: 1. Approval of the acquisitions by MnDOT and FHWA is imminent. 2. MnDOT and FHWA appraisal procedures were followed. 3. Project funds are available upon MnDOT and FHWA approval. • Alternative Recommendation: Do not set the purchase price and authorize purchase. '38-1 Discussion/Decision Mode: Approval will make it possible for staff to be ready to make offers in a timely manner upon project approval by MnDOT and FHWA. ly submitted, Jamef/1q. Prosser Citv( natter JDP:ds E 0 92f,2- 0 RESOLUTION NO. THE CITY OF RICHFIELD, MINNESOTA RESOLUTION ESTABLISHING JUST COMPENSATION, AUTHORIZING PURCHASE OF REAL PROPERTY • WHEREAS, the City of Richfield, Minnesota desires to purchase certain real property pursuant to and in furtherance of the 77th Street Project (Project) heretofore adopted by the City of Richfield (City) said real property being described in Exhibit A; attached hereto; and 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, acquisition of the subject property is imminent upon final project approval by MnDot and FHWA; and WHEREAS, the City has caused appraisals of 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That just compensation including fixtures if any is determined as described in Exhibit A, attached hereto. 2. That the City Manager is authorized and directed to commence negotiations for the purchase of said real property following MNDOT and FHWA approval. 3. That the City Manager and Mayor are authorized to execute purchase agreements for the amount of just compensation set fourth in this resolution. 0 CJ -? 4. That the City Manager is hereby directed to notify, in writing, the owners of subject property as soon as possible that the City intends to acquire his/her property and establish eligibility for relocation benefits. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of August, 1992. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 a Just Compensation - 77th Street Whole Property Taking Attachment to City Council Letter of August 10, 1992 Property Type: Reside ntial/Single Family >1<< < ...:.. i :.;:.....>:.::........;;:.............. : . :.:> .;;:.;:.::.:. 7638 Dupont Ave. Lot 7, Northfelt Addition $100,000 $13,000 7645 Harriet Ave. Lot 9, Block 3, Sunset Terrace Addition $83,000 $13,000 W. 121 85/100 feet, except street, 7645 Grand Ave. Lot 8, Block 2, Sunset Terrace Addition $68,000 $13,000 7645 Pillsbury Ave. Lot 9, Block 3, R. C. Soens Addition $79,000 $13,000 7644 Blaisdell Ave. Lot 8, Block 2, R. C. Soens Addition $70,000 $13,000 7645 Blaisdell Ave. Lot 8, Block 1, R. C. Soens Addition $78,000 $13,000 Lot 8, Block 4, A. G. Bogen • 7644 First Ave. Company's Nicollet Addition $86,000 $13,000 Lot 8, Block 3, A. G. Bogen 7644 Stevens Ave. Company's Nicollet Addition $74,000 $13,000 Lot 9, Block 2, A. G. Bogen 7645 Stevens Ave. Company's Nicollet Addition $74,000 $13,000 Lot 8, Block 2, A. G. Bogen 7644 Second Ave. Company's Nicollet Addition $82,000 $13,000 Lot 7, Block 1, A. G. Bogen 7645 Second Ave. Company's Nicollet Addition $87,000 $13,000 Lot 7, A. G. Bogen Company's. 7645 Third Ave. Third Avenue Addition $81,000 $13,000 0 Attachment Page 1 86.5 7644 Pleasant Ave. (Apartment: 4-unit) Lot 8, Block 2, Sunet Terrace Addition 1 $137,000 1 $35,300 • • Attachment Page 2 EXHIBIT A • JUST COMPENSATION 77TH STREET PROJECT :} >. 7638 Dupont Ave. Lot 7, Northfelt Addition $100,000 7645 Harriet Ave. Lot 9, Block 3, Sunset Terrace Addition $83,000 W. 12185/100 feet, except street, 7645 Grand Ave. Lot 8, Block 2, Sunset Terrace Addition $68,000 7645 Pillsbury Ave. Lot 9, Block 3, R. C. Soens Addition $79,000 7644 Blaisdell Ave. Lot 8, Block 2, R. C. Soens Addition $70,000 7645 Blaisdell Ave. Lot 8, Block 1, R. C. Soens Addition $78,000 • Lot 8, Block 4, A. G. Bogen 7644 First Ave. Company's Nicollet Addition $86,000 Lot 8, Block 3, A. G. Bogen 7644 Stevens Ave. Company's Nicollet Addition $74,000 Lot 9, Block 2, A. G. Bogen 7645 Stevens Ave. Company's Nicollet Addition $74,000 Lot 8, Block 2, A. G. Bogen 7644 Second Ave. Company's Nicollet Addition $82,000 Lot 7, Block 1, A. G. Bogen 7645 Second Ave. Company's Nicollet Addition $87,000 Lot 7, A. G. Bogen Company's 7645 Third Ave. Third Avenue Addition $81,000 7644 Pleasant Ave. Lot 8, Block 2, Sunet Terrace Addition $137,000 r? U A-1 0 • • A-2 3A CITY OF RICHFIELD, MINNESOTA Council Letter No.187 Agenda August 10, 1992 Issue Statement: Enactment of a resolution authorizing execution of the 1992 (Year XVIII) Urban Hennepin County Community Development Block Grant (CDBG) Program Subrecipient Agreement. Background: Subrecipient agreements have been prepared by Hennepin County which provide the basis for implementing the specific activities of the 1992 (Year XVIII) Urban Hennepin County Community Development Block Grant Program. The agreements are required pursuant to the Community Development Block Grant Program Entitlement Grant Regulation. Before Hennepin County may disperse any Year XVIII CDBG funds, the agreement must be signed between Hennepin County, the recipient, and the City of Richfield (the subrecipient). Recommended Motion: Adopt the proposed resolution authorizing execution of the subrecipient agreements. Basis of Recommendation: The Year XVIII CDBG Program has previously been approved by the is City Council (see Attachment A), and the signature authorizing enactment of the subrecipient agreements would allow Hennepin County to disperse the funds. Alternative Recommendation: None. Discussion/Decision Mode: The resolution must be acted upon at the August 10, 1992 meeting to meet Hennepin County processing deadlines. Respect ully submitted, Ja D. Prosser Ci Manager JDP:ds 0 31q-1 • RESOLUTION NO. RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Richfield has executed a Joint Cooperation Agreement with Hennepin County for the purpose of participating in the 1992 (Year XVIII) Urban Hennepin County Community Development Block Grant Program; and WHEREAS, Hennepin County is the recipient of an annual grant from the U. S. Department of Housing and Urban Development for purposes of the program and the City is a subrecipient under the program and receives a share of the grant; and WHEREAS, program regulations require that the City and County execute a subrecipient agreement which sets forth the specific implementation processes for activities to be undertaken with program funds. BE IT RESOLVED, that the Richfield City Council hereby authorizes and directs the Mayor and City Manager to execute subrecipient agreement, County Contract Number A on is behalf of the City. Adopted this 10th day of August, 1992. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk 0 3)q-2- 0 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF RICHFIELD ) I, Thomas P. Ferber, being the duly qualified and acting clerk of the City of Richfield, Hennepin County, Minnesota, do hereby certify that the foregoing is a true and exact copy of Resolution No. 7852 0 and that the same is on file and on record in my office. Given under my hand and seal this 10th day of March 1992. Thomas P. Ferber City Clerk City of Richfield Hennepin County, Minnesota 11 -3 RESOLUTION NO. 7852 RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XVIII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL WHEREAS, the City of Richfield, through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Richfield has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, following a public hearing on March 9, 1992 to obtain the views of citizens on local and Urban Hennepin County housing and community development needs.and.the City's following proposed use of $187,099 from the Year XVIII Urban Hennepin County Community Development Block Grant. Projects Budget 1. Housing Improvement: a. Housing Rehabilitation $ 86,620 b. Scattered Site Housing $ 72,210 2. Public Service: a. H.O.M.E. $ 15,000 • b. Child Day Care $ 7,269 C. Skills 2000 S 6.000 Total $187,099 WHEREAS, if the SKILLS 2000 program is not funded, such allocation will be added to the Housing Rehabilitation project. BE IT RESOLVED that the City Council of Richfield, Minnesota approves the proposed use of Year XVIII Urban Hennepin County Community Development Block Grant funds and program related income and authorizes submittal of the proposal to Hennepin County for review by the Urban Hennepin County Citizens Advisory Committee and for inclusion in the Year XVIII Urban Hennepin County Community Development Block Grant Program Statement of Objectives and Projected Use of Funds. Approved by the City Council of the City of Richfield this 9th day of March, 1992. ATTEST: Martin J. Kirsch, Mayor Thomas Ferber, City Clerk 0 3A- q Contract No. A09712 SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as "RECIPIENT," A-2400 Government Center, Minneapolis, Minnesota 55487, and CITY OF RICHFIELD, hereinafter referred to as "SUBRECIPIENT," 6700 Portland Avenue, Richfield MN 55423 said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59: WITNESSETH WHEREAS, Recipient has received a Community Development Block Grant (CDBG) entitlement allocation under Title I of the Housing and Community Development Act of 1974, as amended, to carry out various community development activities in cooperation with Subrecipient, according to the implementing regulations at 24 CFR Part 570; and WHEREAS, $_ 187.099.00 from Federal Fiscal Year 1992 CDBG funds has been approved by Recipient for use by Subrecipient for the implementation of eligible and fundable community development activity/ies as included in and a part of the 1992 Statement of Objectives and Projected Use of Funds, Urban Hennepin County Community Development Block Grant (CDBG) program and as set forth in the Statement of Work described in Exhibit 1 to this Agreement; and WHEREAS, the Subrecipient agrees to assume certain responsibilities for the implementation of the approved activities described in Exhibit 1, said responsibilities being specified in part in the Joint Cooperation Agreement effective October 1, 1991, executed between Recipient and Subrecipient on August 20, 1991, and in the 1992 Statement of Objectives and Projected Use of Funds, Urban Hennepin County CDBG program and the Certifications contained therein. NOW, THEREFORE, the parties hereunto do hereby agree as follows: 1. SCOPE OF SERVICES A. The Subrecipient shall expend all or any part of its CDBG allocation only on those activities identified in Exhibit 1, "Statement of Work," subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1 to this Agreement. B. The Subrecipient shall take all necessary actions, not only to comply with the stipulations as set out in Exhibit 1, but to comply with any requests by the Recipient in that connection; it being understood that the Recipient is responsible to the Department of Housing and Urban Development (HUD) for ensuring compliance with such requirements. The Subrecipient also will promptly notify the Recipient of any changes in the scope or character of the activity/ies which it is implementing. 3A-6- 2. TERM OF AGREEMENT • The effective date of this Agreement is July 1, 1992. The termination date of this Agreement is December 31, 1993, or at such time as the activity/ies constituting part of this Agreement are satisfactorily completed prior thereto. Upon expiration, the Subrecipient shall relinquish to the Recipient all program funds unexpended or uncommitted and all accounts receivable attributable to the use of CDBG funds for the activities described in Exhibit 1. 3. THIRD PARTY AGREEMENTS The Subrecipient may subcontract this Agreement and/or the services to be performed hereunder, whether in whole or in part, only with the prior consent of the Recipient and only through a written Third Party Agreement acceptable to the Recipient. The Subrecipient shall not otherwise assign, transfer, or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior consent of the Recipient. 4. AMENDMENTS TO AGREEMENT Any material alterations, variations, modifications or waivers of provisions of this Agreement which are a substantial change shall only be valid when they have been reduced to writing as an Amendment to this Agreement signed, approved, and properly executed by the authorized representatives of the parties. All Amendments to this Agreement shall be made a part of this Agreement by inclusion as a numbered Exhibit which shall be attached at the time of any Amendment. Substantial change is defined as a change in (1) beneficiary; (2) project location; (3) purpose; or (4) scope, resulting in more than a 50% increase or decrease in the original budget or $10,000, whichever is greater, in any authorized activity. The total budget of multi-community activities will be used in determining substantial change. 5. PAYMENT OF CDBG FUNDS The Recipient agrees to provide the Subrecipient with CDBG funds not to exceed $ 187.099.00 to enable the Subrecipient to carry out its CDBG- eligible activity/ies as described in Exhibit 1. It is understood that the Recipient shall be held accountable to HUD for the lawful expenditure of CDBG funds under this Agreement. The Recipient shall therefore make no payment of CDBG funds to the Subrecipient and draw no funds from HUD/U.S. Treasury on behalf of a Subrecipient activity/ies, prior to having received a proper Hennepin County Warrant Request form from the Subrecipient for the expenses incurred, as well as copies of all documents and records needed to ensure that the Subrecipient has complied with the appropriate regulations and requirements. 6. INDEMNITY AND INSURANCE A. The Subrecipient does hereby agree to release, indemnify, and hold 0 3-t harmless the Recipient from and against all costs, expenses, claims, suits or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Subrecipient and property of Subrecipient, which are caused by or sustained in connection with the tasks carried out by the Subrecipient under this Agreement. B. The Subrecipient does further agree that in order to protect itself as well as the Recipient under the indemnity agreement provisions hereinabove set forth it will at all times during the term of this Agreement and any renewal thereof, have and keep in force: a single limit or combined limit or excess umbrella commercial and general liability insurance policy of an amount of not less than $600,000 for property damage arising from one occurrence, $600,000 for damages arising from death and/or total bodily injuries arising from one occurrence, and $600,000 for total personal injuries arising from one occurrence. Such policy shall also include contractual liability coverage protecting the Recipient, its officers, agents and employees by a certificate acknowledging this Agreement between the Subrecipient and the Recipient. C. The Subrecipient's liability, however, shall be governed by the provisions of Minnesota Statutes Chapter 466. 7. CONFLICT OF INTEREST A. In the procurement of supplies, equipment, construction, and services • by the Subrecipient, the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A-110 shall apply. B. In all other cases, the provisions of 24 CFR 570.611 shall apply. 8. DATA PRIVACY The Subrecipient agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. The Subrecipient agrees to defend and hold the Recipient, its officers, agents, and employees harmless from any claims resulting from the Subrecipient's unlawful disclosure and/or use of such protected data. 9. SUSPENSION OR TERMINATION A. If the Subrecipient materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and a default. Unless the Subrecipient's default is excused by the Recipient, the Recipient may take one or more of the actions prescribed in 24 CFR 85.43, including the option of immediately cancelling this Agreement in its entirety. B. The Recipient's failure to insist upon strict performance of any 0 3A-7 provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not • constitute a general waiver or relinquishment throughout the entire term of the Agreement. C. This Agreement may be cancelled with or without cause by either party upon thirty (30) days' written notice according to the provisions in 24 CFR 85.44. D. CDBG funds allocated to the Subrecipient under this Agreement may not be obligated or expended by the Subrecipient following such date of termination. Any funds allocated to the Subrecipient under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the Recipient.. 10. REVERSION OF ASSETS Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the Recipient any CDBG funds on hand or in the accounts receivable attributable to the use of CDBG funds, including CDBG funds provided to the Subrecipient in the form of a loan. Any real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds in excess of $25,000 shall either be: A. Used to meet one of the national objectives in 24 CFR 570.208 and not used for the general conduct of government until: • (1) For units of general local government, five years from the date that the unit of general local government is no longer considered by HUD to be a part of Urban Hennepin County; or (2) For any other Subrecipient, five years after expiration of this Agreement. Or, B. Not used in accordance with A. above, in which event the Subrecipient shall pay to the Recipient an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. The payment is program income to the Recipient. No payment is required after the period of time specified in A. above. 11. PROCUREMENT The Subrecipient shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of its activity/ies. Procurement shall be carried out in accordance with the "Common Rule" Administrative Requirements in 24 CFR 85 and all provisions of the CDBG Regulations in 24 CFR 570 (the most restrictive of which will take precedence). The Subrecipient shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents; enter into all contracts; and conduct all meetings, conferences, and interviews as necessary to ensure compliance with the above described procurement 0 3A-8 requirements. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG-funded activity/ies. 12. ACQUISITION, RELOCATION. AND DISPLACEMENT A. The Subrecipient shall be responsible for carrying out all acquisitions of real property necessary for implementation of the activity/ies. The Subrecipient shall conduct all such acquisitions in its name, or in the name of any of its public, governmental, nonprofit agencies as authorized by its governing body, which shall hold title to all real property purchased. The Subrecipient shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Subrecipient shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG- funded activity/ies. B. The Subrecipient shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR 42; the requirements in 24 CFR 570.606(b) governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (the Act); the relocation requirements of 24 CFR 570.606(c) governing displacement subject to section 104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional relocation assistance under section 105(a)(11) of the Act. 13. ENVIRONMENTAL REVIEW The Recipient shall determine the level of environmental review required under 24 CFR Part 58 and maintain the environmental review record on all activities. The Subrecipient shall be responsible for providing necessary information, relevant documents, and public notices to the Recipient to accomplish this task. 14. LABOR STANDARDS, EMPLOYMENT, AND CONTRACTING The Recipient shall be responsible for the preparation of all requests for HUD for wage rate determinations on CDBG activities undertaken by the Subrecipient. The Subrecipient shall notify the Recipient prior to initiating any activity, including advertising for contractual services which will include costs likely to be subject to the provisions on Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. The Recipient will provide technical assistance to the Subrecipient to ensure compliance with these requirements. 3A-9 15. PROGRAM INCOME If the Subrecipient generated any program income as a result of the expenditure of CDBG funds, the provisions of 24 CFR 570.504 shall apply, as well as the following specific stipulations: A. The Subrecipient will notify the Recipient of any program income within ten (10) days of the date such program income is generated. When program income is generated by an activity only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. B. That any such program income must be paid to the Recipient by the Subrecipient as soon as practicable after such program income is generated unless the Statement of Work in Exhibit 1 specifically permits the Subrecipient to retain program income. C. The Subrecipient further recognizes that the Recipient has the responsibility for monitoring and reporting to HUD on the use of any such program income. The responsibility for appropriate recordkeeping by the Subrecipient and reporting to the Recipient by the Subrecipient on the use of such program income is hereby recognized by the Subrecipient. The Recipient agrees to provide technical assistance to the Subrecipient in establishing an appropriate and proper recordkeeping and reporting system, as required by HUD. D. That in the event of close-out or change in status of the Subrecipient, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to Recipient as soon as practicable after the income is received. The Recipient agrees to notify the Subrecipient, should close-out or change in status of the Subrecipient occur. 16. USE OF REAL PROPERTY The following standards shall apply to real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds: A. The Subrecipient shall inform the Recipient at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements including disposition. The Subrecipient will comply with the requirements of 24 CFR 570.505 to provide affected citizens the opportunity to comment on any proposed change and to consult with affected citizens. B. The Subrecipient shall reimburse the Recipient in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the Recipient at the time of sale or transfer of the property referenced herein. Such reimbursement shall not be required 0 3A- /D if the conditions of 24 CFR 570.503(b)(8)(i) are met and satisfied. Fair market value shall be established by a current written appraisal • by a qualified appraiser. The Recipient will have the option of requiring a second appraisal after review of the initial appraisal. C. Any program income generated from the disposition or transfer of real property prior to or subsequent to the close-out, change of status or termination of the Joint Cooperation Agreement between the Recipient and the Subrecipient shall be repaid to the Recipient at the time of disposition or transfer of the property. 17. ADMINISTRATIVE REQUIREMENTS The uniform administrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by the Recipient shall apply to all activities undertaken by the Subrecipient provided for in this Agreement and to any program income generated therefrom. 18. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY A. During the performance of this Agreement, the Subrecipient agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, • disability, marital status, affectional/sexual preference, 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. B. The Subrecipient will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 19. NON-DISCRIMINATION BASED ON DISABILITY A. The Subrecipient shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by the Subrecipient receiving assistance from the Recipient under Section 106 and/or Section 108 of the Housing and Community Development Act of 1974, as amended. B. When and where applicable, the Subrecipient shall comply with, and make best efforts to have its third party providers comply with, Public Law 101-336 Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public Services" - Subtitle A, and Title III "Public Accomodations and Services Operated By Private Entities" and 3A"/ I all ensuing federal regulations implementing said Act. • 20. LEAD-BASED PAINT The Subrecipient shall comply with the Lead-Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. 21. FAIR HOUSING The Subrecipient shall be prohibited from receiving CDBG funds for activity/ies subject to this Agreement should it not affirmatively further fair housing within its own jurisdiction or impede action taken by Recipient to comply with the fair housing certification. 22. LOBBYING A. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence • an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement Subrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 23. USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES Subrecipient has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 24. OTHER CDBG POLICIES The Subrecipient shall comply with the applicable section of 24 CFR 570.200, particularly sections (b) (Special Policies Governing Facilities); (c) (Special Assessments) ; (f) (Means of Carrying Out Eligible Activities); and (j) (Constitutional prohibitions Concerning Church/State Activities). • 3)9_1112- 25. TECHNICAL ASSISTANCE • The Recipient agrees to provide technical assistance to the Subrecipient in the form of oral and/or written guidance and on-site assistance regarding CDBG procedures and project management. This assistance will be provided as requested by the Subrecipient, and at other times at the initiative of the Recipient when new or updated information concerning the CDBG Program is received by the Recipient and deemed necessary to be provided to the Subrecipient. 26. RECORDKEEPING The Subrecipient shall maintain records of the receipt and expenditure of all CDBG funds, such records to be maintained in accordance with OMB Circulars A-87 and the "Common Rule" Administrative Requirements in 24 CFR 85 and in accordance with OMB Circular A-110 and A-122, as applicable. All records shall be made available upon request of the Recipient for inspection/s and audit/s by the Recipient or its representatives. If a financial audit/s determines that the Subrecipient has improperly expended CDBG funds, resulting in the U.S. Department of Housing and Urban Development (HUD) disallowing such expenditures, the Recipient reserves the right to recover from the Subrecipient such disallowed expenditures from non-CDBG sources. Audit procedures are specified below in Section 22 of this Agreement. 27. ACCESS TO RECORDS The Recipient shall have authority to review any and all procedures and all • materials, notices, documents, etc., prepared by the Subrecipient in implementation of this Agreement, and the Subrecipient agrees to provide all information required by any person authorized by the Recipient to request such information from the Subrecipient for the purpose of reviewing the same. 28. AUDIT The Subrecipient agrees to provide Recipient with an annual audit consistent with the Single Audit Act of 1984, (U.S. Public Law 98-502) and the implementing requirements of OMB Circular A-128, Audits of State and Local Governments, and, as applicable, OMB Circular A-110, Uniform Requirements for Grants to Universities, Hospitals and Non-Profit Organizations. A. The audit is to be provided to Recipient on July 1 of each year this Agreement is in effect and any findings of noncompliance affecting the use of CDBG funds shall be satisfied by Subrecipient within six (6) months of the provision date. B. The audit is not required, however, in those instances where less than $25,000 in assistance is received from all Federal sources in any one fiscal year. C. The cost of the audit is not reimburseable from CDBG funds. 0 3)9-13 D. The Recipient reserves the right to recover from the Subrecipient's non-CDBG funds any CDBG expenses which are disallowed by an audit. I* 0 3A-iq SUBRECIPIENT, having signed this Agreement, and the Hennepin County Board • of Commissioners having duly approved this Agreement on , 19 , and pursuant to such approval and the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Upon proper execution, this Agreement will be legally valid and binding. Assistant Coun y torney Date: COUNTY OF HENNEPIN, STATE OF MINNESOTA BY' Chairman of its County Board And: Deputy/Associate County Administrator Attest: Deputy/Clerk of the County Board APPROVED AS TO EXECUTION: Assistant County Attorney • Date:_ SUBRECIPIENT: City of Richfield Its : Mavnr And: Its: City MAna"Pr Attest: Title: City Clerk The City is organized pursuant to: Plan A _ Plan B _ Charter CJ 3A-I5 Contract No. A09712 SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 1 STATEMENT OF WORK The following activity/ies shall be carried out by the City of Richfield under the terms of this Agreement and the details and processes set forth below. Up to $187,099 are to be provided in Urban Hennepin County CDBG funds to the City of Richfield to assist in the funding of the following activities in the amount and under the stipulations individually specified: Attachment A. #104 Child Day Care $ 7,269 Attachment B. #105 H.O.M.E. 15,000 Attachment C. #106 Rehab of. Private Property 86,620 Attachment D. #107 Scattered Site/New Home Program 72,210 Attachment E. #108 SKILLS 2000 6.000 Total 0 $187,099 CDBG YEAR XVIII SUBRECIPIENT AGREEMENT ATTACHMENT A TO STATEMENT OF WORK 0 1. ACTIVITY: Child Day Care 2. LOCATION: ADDRESS:..Citywide CENSUS TRACT: 3. NUMBER: 104 4. BUDGET: $7,269 5. BENEFIT: L/M (Limited Clientele) 6. DESCRIPTION: Provide child daycare assistance for Section 8 income eligible households utilizing a sliding fee scale. Project will be administered by the Greater Minneapolis Daycare Association in the following cooperating units: Crystal, Eden Prairie, Edina, Golden Valley, Maple Grove, Minnetonka, New Hope, Richfield and St. Louis Park. Hennepin County provides overall program coordination under the terms of a master contract with each city except Richfield. This is a multi-year activity. 7. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity and are to be included in this section and made a part of this agreement. [X] Supplemental Agreement Type: [X] Non-Profit Agency GREATER MINNEAPOLIS DAYCARE ASSOCIATION [ ] Public Agency [ ] Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipient. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1993. [X] Environmental Review Record Per 24 CFR Part 58 Subpart E the environmental review status for this activity has been determined as follows: [ ] Exempt (EX) [ J Categorically Excluded (CE) 0 A,i-7 [X] Categorically Excluded/Exempt (CE/EX) [ ] Assessment Required (AR) • [ ] Funds Released (FR) Date: [ ] Labor Standards/Equal Employment Opportunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis-Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti-Kickback) Act. All federally funded or assisted construction contracts or subcontracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 12086, and the regulations issued pursuant thereto in 41 CFR Part 60. [ ] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase/s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed-price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. - Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed-price or cost- reimbursement type contract is awarded. This method is typically used for procuring professional services. [ ] Section 3 of the Housing, and Urban Development Act of 1968 In connection with the planning and implementation of any project assisted under the Act, to the greatest extent feasible, opportunities for training and employment be given to low and moderate income persons residing within the unit of local government or the metropolitan area in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area as the project. Contracts for work may include, but are not limited to, contracts for supply of goods and/or services. 0 3A--18 [ ] Uniform Relocation Assistance and Real ProRerty Acquisition The standards described in 24 CFR 570.606 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. [ ] Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low-moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low-moderate income household in accordance with the Urban Hennepin County CDBG Program Anti-displacement and Relocation Assistance Policy pursuant to Section 104(d) of the Housing and Community Development Act of 1974, as amended, and the provisions in 24 CFR 570.606. [ ) Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [ ] Land Disposition Agreement This agreement, executed between Hennepin County and the subrecipient community, contains the terms under which the community can acquire and hold land for a specified use and time period. • [X] Low and Moderate Income Using the applicable Section 8 income limits established by HUD, it shall be demonstrated that a low- and moderate-income activity so indicated in 5. Benefit, above, meets one of the four criteria of 24 CFR Part 570.208, relating to: [ ] Area Benefit [X] Limited Clientele [ ) Housing [ ] Job Creation or Retention [ ] Prevention or Elimination of Slums and Blight It shall be demonstrated that a slum and blight activity so indicated in 5. Benefit, above, meets one of the following criteria: [ ] Area Determination. The boundaries of the slum or blighted area must be defined and meet the requirements of 24 CFR Part 570.208(b)(1). [ ] Spot Basis. The specific conditions of blight or physical decay not located in a slum or blighted area must be described. 0 A^JC/ [ ] Urgent Community Need It shall be demonstrated that an urgent need activity, so indicated in 5. Benefit. above, is designed to alleviate a recent (within 18 months) condition which poses a serious and immediate threat to the health or welfare of the community. [ ] Other Requirements 0 0 '94-ac) CDBG YEAR XVIII SUBRECIPIENT AGREEMENT ATTACHMENT B TO STATEMENT OF WORK 0 1. ACTIVITY: Household & Outside Maintenance for Elderly (H.O.M.E.) 2. LOCATION: ADDRESS: Citywide CENSUS TRACT: 3. NUMBER: 105 4. BUDGET: $15,000 5. BENEFIT: L/M (Limited Clientele) 6. DESCRIPTION: Funding for the HOME program to provide increased routine home maintenance/repairs and homemaker services to the elderly and handicapped residing in Brooklyn Center, Chanhassen, Eden Prairie, Edina, Minnetonka and Richfield. The HOME program is provided through and operated by the South Hennepin Human Services Council. 7. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity and are to be included in this section and made a part of this agreement. [X] Supplemental Agreement Type: [X] Non-Profit Agency SENIOR COMMUNITY SERVICES [ J Public Agency [ ] Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipient. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1993. [X] Environmental Review Record Per 24 CFR Part 58 Subpart E the environmental review status for this activity has been determined as follows: 0 [X] II II II II Exempt (EX) Categorically Excluded (CE) Categorically Excluded/Exempt (CE/EX) Assessment Required (AR) Funds Released (FR) Date: )9_02.. 1 [ ] Labor Standards/Equal Employment Opportunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis-Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti-Kickback) Act. All federally funded or assisted construction contracts or subcontracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 12086, and the regulations issued pursuant thereto in 41 CFR Part 60. [ ] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by.one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase/s, costing in the aggregate, exceeds $25,000. Sealed . bids shall be publicly solicited and a firm fixed-price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed-price or cost- reimbursement type contract is awarded. This method is typically used for procuring professional services. [ ] Section 3 of the Housing and Urban Development Act of 1968 In connection with the planning and implementation of any project assisted under the Act, to the greatest extent feasible, opportunities for training and employment be given to low and moderate income persons residing within the unit of local government or the metropolitan area in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area as the project. Contracts for work may include, but are not limited to, contracts for supply of goods and/or services. [ ] Uniform Relocation Assistance and Real Property Acquisition The standards described in 24 CFR 570.606 shall apply to activity that involves the acquisition of real property or the displacement of persons, • including displacement caused by rehabilitation and demolition. [ ] Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low-moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low-moderate income household in accordance with the Urban Hennepin County CDBG Program Anti-displacement and Relocation Assistance Policy pursuant to Section 104(d) of the Housing and Community Development Act of 1974, as amended, and the provisions in 24 CFR 570.606. [ J Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [ ] Land Disposition Agreement This agreement, executed between Hennepin County and the subrecipient community, contains the terms under which the community can acquire and hold land for a specified use and time period. [X] Low and Moderate Income Using the applicable Section 8 income limits established by HUD, it shall be demonstrated that a low- and moderate-income activity so indicated in 5. Benefit, above, meets one of the four criteria of 24 CFR Part 570.208, • relating to: [ ] Area Benefit [X] Limited Clientele [ ] Housing [ ] Job Creation or Retention [ ] Prevention or Elimination of Slums and Blight It shall be demonstrated that a slum and blight activity so indicated in 5. Benefit, above, meets one of the following criteria: [ ) Area Determination. The boundaries of the slum or blighted area must be defined and meet the requirements of 24 CFR Part 570.208(b)(1). [ ] Spot Basis. The specific conditions of blight or physical decay not located in a slum or blighted area must be described. [ ] Urgent Community Need It shall be demonstrated that an urgent need activity, so indicated in 5. Benefit. above, is designed to alleviate a recent (within 18 months) condition which poses a serious and immediate threat to the health or welfare of the community. 0 [ ] Other Requirements CDBG YEAR XVIII SUBRECIPIENT AGREEMENT ATTACHMENT C TO STATEMENT OF WORK 0 1. ACTIVITY: Rehabilitation of Private Property 2. LOCATION: ADDRESS: Citywide CENSUS TRACT: 3. NUMBER: 106 4. BUDGET: $86,620 5. BENEFIT: L/M (Housing) 6. DESCRIPTION: This locally administered program provides grants to eligible low/moderate income homeowners for improvements to their homes consistent with the Urban Hennepin County Procedural Guides for Housing Rehabilitation. This is a multi-year activity. 7. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity and are to be included in this section and made a part of this agreement. [ ] Supplemental Agreement • Type: [ J Non-Profit Agency [ ] Public Agency [ j Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipient. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1993. [X] Environmental Review Record Per 24 CFR Part 58 Subpart E the environmental review status for this activity has been determined as follows: [ J Exempt (EX) [ J Categorically Excluded (CE) [X] Categorically Excluded/Exempt (CE/EX) [ ] Assessment Required (AR) [ ] Funds Released (FR) Date: ,M -c9- q [ ] Labor Standards/Equal Employment Opportunity • All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis-Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti-Kickback) Act. All federally funded or assisted construction contracts or subcontracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 12086, and the regulations issued pursuant thereto in 41 CFR Part 60. [ ] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. - Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase/s, costing in the aggregate, exceeds $25,000.. Sealed bids shall be publicly solicited and a firm fixed-price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed-price or cost- reimbursement type contract is awarded. This method is typically used for procuring professional services. [ ] Section 3 of the Housing and Urban Development Act of 1968 In connection with the planning and implementation of any project assisted under the Act, to the greatest extent feasible, opportunities for training and employment be given to low and moderate income persons residing within the unit of local government or the metropolitan area.in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area as the project. Contracts for work may include, but are not limited to, contracts for supply of goods and/or services. [ ] Uniform Relocation Assistance and Real Property Acquisition The standards described in 24 CFR 570.606 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. 14 3-5 [ ] Residential Antidisvlacement and Relocation Assistance • All occupied and vacant occupiable low-moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low-moderate income household in accordance with the Urban Hennepin County CDBG Program Anti-displacement and Relocation Assistance Policy pursuant to Section 104(d) of the Housing and Community Development Act of 1974, as amended, and the provisions in 24 CFR 570.606. [ ] Property Management The standards described in 24 CM Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [ ] Land Disposition Ap-reement This agreement, executed between Hennepin County and the subrecipient community, contains the terms under which the community can acquire and hold land for a specified use and time period. [X] Low and Moderate Income Using the applicable Section 8 income limits established by HUD, it shall be demonstrated that a low- and moderate-income activity so indicated in 5. Benefit, above, meets one of the four criteria of 24 CFR Part 570.208, relating to: [ ] Area Benefit [ J Limited Clientele [X] Housing [ ] Job Creation or Retention [ ] Prevention or Elimination of Slums and Blight It shall be demonstrated that a slum and blight activity so indicated in 5. Benefit, above, meets one of the following criteria: [ ] Area Determination. The boundaries of the slum or blighted area must be defined and meet the requirements of 24 CFR Part 570.208(b)(1). [ ] Spot Basis. The specific conditions of blight or physical decay not located in a slum or blighted area must be described. [ ] Urgent Community Need It shall be demonstrated that an urgent need activity, so indicated in 5. Benefit. above, is designed to alleviate a recent (within 18 months) condition which poses a serious and immediate threat to the health or welfare of the community. [ ] Other Requirements 319 -a4_1 CDBG YEAR XVIII SUBRECIPIENT AGREEMENT ATTACHMENT D TO STATEMENT OF WORK • 1. ACTIVITY: Scattered Site/New Home Program 2. LOCATION: ADDRESS: Citywide CENSUS TRACT: 3. NUMBER: 107 4. BUDGET: $72,210 5. BENEFIT: L/M (Housing) 6. DESCRIPTION: Acquire one or more substandard dwelling(s), clear the site(s) and develop one or more new single family home(s) affordable to a lower income family per established program income guidelines. This activity is implemented by the Richfield HRA. This is a multi-year activity. 7. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this. activity and are to be.included in this section and made a part of this agreement. [ ] Supplemental Agreement • Type: [ ] Non-Profit Agency [ J Public Agency [ ] Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipient. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1993. [X] Environmental Review Record Per 24 CFR Part 58 Subpart E the environmental review status for this activity has been determined as follows: [ ] Exempt (EX) [ ] Categorically Excluded (CE) [ ] Categorically Excluded/Exempt (CE/EX) [X] Assessment Required (AR) [ ] Funds Released (FR) Date: • 14 a:-i [ ] Labor Standards/Equal Employment Opportunity • All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis-Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti-Kickback) Act. All federally funded or assisted construction contracts or subcontracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 12086, and the regulations issued pursuant thereto in 41 CFR Part 60. [X] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. - Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase/s, costing in the aggregate, exceeds $25,000. Sealed • bids shall be publicly solicited and a firm fixed-price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. - Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed-price or cost- reimbursement type contract is awarded. This method is typically used for procuring professional services. [X] Section 3 of the Housing and Urban Development Act of 1968 In connection with the planning and implementation of any project assisted under the Act, to the greatest extent feasible, opportunities for training and employment be given to low and moderate income persons residing within the unit of local government or the metropolitan area in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area as the project. Contracts for work may include, but are not limited to, contracts for supply of goods and/or services. [X] Uniform Relocation Assistance and Real Property Acquisition The standards described in 24 CFR 570.606 shall apply to activity that involves the acquisition of real property or the displacement of persons, • including displacement caused by rehabilitation and demolition. 3A -?8 [X] Residential Antidisplacement and Relocation Assistance • All occupied and vacant occupiable low-moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low-moderate income household in accordance with the Urban Hennepin County CDBG Program Anti-displacement and Relocation Assistance Policy pursuant to Section 104(d) of the Housing and Community Development Act of 1974, as amended, and the provisions in 24 CFR 570.606. [ ] Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [ ] Land Disposition Agreement This agreement, executed between Hennepin County and the subrecipient community,, contains the terms under which the community can acquire and hold land for a specified use and time period. [X] Low and Moderate Income Using the applicable Section 8 income limits established by HUD, it shall be demonstrated that a low- and moderate-income activity so indicated in 5. Benefit, above, meets one of the four criteria of 24 CFR Part 570.208, relating to: [ ] Area Benefit [ ] Limited Clientele [X] Housing [ ] Job Creation or Retention [ ] Prevention or Elimination of Slums,and Blight It shall be demonstrated that a slum and blight activity so indicated in 5. Benefit, above, meets one of the following criteria: [ J Area Determination. The boundaries of the slum or blighted area must be defined and meet the requirements of 24 CFR Part 570.208(b)(1). [ ] Spot Basis. The specific conditions of blight or physical decay not located in a slum or blighted area must be described. [ ] Urgent Community Need It shall be demonstrated that an urgent need activity, so indicated in 5. Benefit. above, is designed to alleviate a recent (within 18 months) condition which poses a serious and immediate threat to the health or welfare of the community. 0 [ ] Other Requirements 3 CDBG YEAR XVIII SUBRECIPIENT AGREEMENT ATTACHMENT E TO STATEMENT OF WORK 1. ACTIVITY: SKILLS 2000 2. LOCATION: ADDRESS: Citywide CENSUS TRACT: 3. NUMBER: 108 4. BUDGET: $6,000 5. BENEFIT: L/M (Limited Clientele) 6. DESCRIPTION: SKILLS 2000 is an innovative program which promotes the economic self-sufficiency of low skilled, unemployed or underemployed parents who face multiple barriers to employment. SKILLS 2000 combines adult basic education for workplace literacy; vocational counseling, job- specific training and other job-related services; and family counseling and support. Services are provided through the collaborative efforts of employers, educators, vocational experts and social service professsionals. Typically, a Program participant in a high school diploma track will spend, on average, six months completing academic requirements. That average participant will then continue working with program staff an additional two months to develop a vocational plan, to build skills, and to find employment. 11 It is estimated that the Program will serve at least ten Richfield residents in 1992. SKILLS 2000 is provided through the Employment Action Center, which is a division of Multi-Resource Center, Inc., and South Hennepin Adult Programs in Education, a communtiy education service. 7. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity and are to be included in this section and made a part of this agreement. [X] Supplemental Agreement Type: [X] [ ] [ ] Non-Profit Agency Public Agency _ Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipient. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. MULTI-RESOURCE CENTERS. INC. 3 /a-3D [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1993. [X] Environmental Review Record Per 24 CFR Part 58 Subpart E the environmental review status for this activity has been determined as follows: [ ] Exempt (EX) [ ] Categorically Excluded (CE) [X] Categorically Excluded/Exempt (CE/EX) [ ] Assessment Required (AR) [ J Funds Released (FR) Date: [ ] Labor Standards/Equal Employment Opportunity All construction projects of $2,000 or more and financed in whole or part - with federal funds shall comply with the provisions of the Davis-Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti-Kickback) Act. All federally funded or assisted construction contracts or subcontracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 12086, and the regulations issued pursuant thereto in 41 CFR Part 60. 0 [ ] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. - Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. - Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase/s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed-price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. - Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed-price or cost- reimbursement type contract is awarded. This method is typically used for procuring professional services. n [ ] Section 3 of the Housing and Urban Development Act of 1968 • In connection with the planning and implementation of any project assisted under the Act, to the greatest extent feasible, opportunities for training and employment be given to low and moderate income persons residing within the unit of local government or the metropolitan area in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area as the project. Contracts for work may include, but are not limited to, contracts for supply of goods and/or services. [ ] Uniform Relocation Assistance and Real Property Acquisition The standards described in 24 CFR 570.606 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. [ ) Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low-moderate income dwelling units demolished or converted to another use as a direct. result of activity shall be replaced and relocation assistance shall be provided to each displaced low-moderate income household in accordance with the Urban Hennepin County CDBG Program Anti-displacement and Relocation Assistance Policy pursuant to Section 104(d) of the Housing and Community Development Act of 1974, as amended, and the provisions in 24 CFR 570.606. • [ ) Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [ ] Land Disposition Agreement This agreement, executed between Hennepin County and the subrecipient community, contains the terms under which the community can acquire and hold land for a specified use and time period. [X] Low and Moderate Income Using the applicable Section 8 income limits established by HUD, it shall be demonstrated that a low- and moderate-income activity so indicated in 5. Benefit, above, meets one of the four criteria of 24 CFR Part 570.208, relating to: [ ) Area Benefit [X] Limited Clientele [ ) Housing [ ] Job Creation or Retention 1 0 ,3fi - .3?2- [ ] Prevention or Elimination of Slums and Blight It shall be demonstrated that a slum and blight activity so indicated in 5. Benefit, above, meets one of the following criteria: [ ] Area Determination. The boundaries of the slum or blighted area must be defined and meet the requirements of 24 CFR Part 570.208(b)(1). [ ] Spot Basis. The specific conditions of blight or physical decay not located in a slum or blighted area must be described. [ ] Urgent Community Need It shall be demonstrated that an urgent need activity, so.indicated in 5. Benefit. above, is designed to alleviate a recent (within 18 months) condition which poses a serious and immediate threat to the health or welfare of the community. [ ] Other Requirements • 0