05-30-78 agendaCITY OF RICHFIELD, MINNESOTA
Office of City Manager
~s: Council Letter No, 157
Agenda May 30, 1978
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: Updating Just Compensation for Nelson's Restaurant,
6430 Nicollet Avenue
In early 1977, the city council established just compensation for Nelson's
Mr. Big Family Restaurant, 6430 Nicollet, in the amount of $260, 00. Since that
time, inflation and the need for acquiring additional right-of-way, have increased
the estimated value of the property which the city must acquire from Nelsons to
$293,000. This increased compensation is based on appraisals which were com-
pleted on February 9, 1978 and May 18, 1978,
A stipulation has been negotiated with Nelson's Mr, Big Family Restaurant,
Inc, which provides that Nelson's will vacate the premises by September 1 , 1978
rather than August 5, 1978, which was the title and possession date originally
intended. This stipulation, a copy of which is attached, assures that the city
may assume title on September 1, 1978, whereas title could not be assured on
August 5, 1978., The stipulation also requires that the city place a deposit equal
to the appraised value of the property with the district court by June 6, 1978.
It is recommended that the city council adopt the attached resolution estab-
lishing just compensation for the Nelson's Mr, Big Restaurant, Inc, in the amount
of $293, 000.
Respectfully submitted,
G~" ~~
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Wayne S. Burggraa f
City Manager
WSB/eja
cc: Planning & Redevelopment Director
City Attorney
Public Work ~ Director
RESOLUTION N0.
RESOLUTION RE-ESTABLISHING JUST
r
COMPENSATION AND PROVIDING
FOR THE COD~'IENCEMENT OF
NEGOTIATIONS FOR THE PURCHASE
OF REAL PROPERTY AND IMMOVABLE
FIXTURES
WHEREAS, the City of Richfield, Minnesota (City) desires to pur-
chase certain real property and immovable fixtures as identified by
the fixture appraiser, pursuant to and in furtherance of the Lyndale/
Hub/Nicollet Redevelopment Project heretofore adopted by the City and
the Housing and Redevelopment Authority, said real property being des-
cribed as follows: All of Tract A, Registered ~ancl Survey No. 692,
files of the Registrar of Title, Hennepin County, Minnesota, and the
south 30 feet of Lot 5,-Block 8, Rearrangement of Nicollet Homes 2nd
Addition, Hennepin County, Minnesota; and
WHEREAS, the City has caused an updated appraisal of the subject
..property to be=-made, has carefully considered such appraisal, and
believes the work of such appraiser was performed in a competent man-
ner and in accordance with applicable law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RICHFIELD, MINNESOTA:
1. That $293,000 is determined to be just compensation for the
subject real property and immovable fixtures.
2. That the City Manager and the City Attorney are authorized
and directed to commence negotiations for the purchase of the real
property and immovable fixtures described above.
3. That the City Manager is hereby directed to notify, in writing
the owner of the subject property, as soon as possible, that the City
presently intends to acquire his property provided neogitations result
in the determination of a mutually agreeable sales price. The City Man-
ager shall include with such notification a statement which complies
with the requirements of regulations of the Department of Housing and
Urban Development, 24 C.F.R. X42.135.
4. That upon the completion of the negotiations, the City DZanager
shall report back to the City with a proposal for the purchase of said
real property and immovable fixtures which is acceptable to the owner(s),
and shall report his recommendation to said proposal.
Passed by the City Council of the City of Richfield, Minnesota this
day of 1978.
Loren L. Law, Mayor
ATTEST:
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STATE OF AIIIJNESOTA
COUNTY OF HENNEPIN
J
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
FILE NO. C-1519
City of Richfield, a
Dinnesota municipal
corporation,
Petitioner, )
vs. )
STIPULATION P.ELATING TO
Delores L. Falk; Harlow ) THE TAI:I?IG OF TITLE
A. Nelson; David Nelson; ) AND POSSESSION PRIOR
Nelson's Mr. Big Family ) TO THE FILIi~G OF A:7 A?9ARD
Restaurants, Inc.; first )
Federal Savings and Loan )
Association of Minneapolis, )
Minnesota; Southwest )
Fidelity State Bank of )
Edina, Minnesota; County )
of Hennepin, )
Respondents. )
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
IN THE MATTER OF THE CONDEMNATION
OF CERTAIN LANDS IPI THE
COUNTY OF HENNEPIN, STATE OF MINNESOTA
FOR REDEVELOPMENT PURPOSES
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
IT IS HEREBY STIPULATED AND AGREED, by and bet~:~een the
undersigned parties as follows:
4~]HEREAS, the petitioner has commenced the above-entitled
action for the condemnation of certain lands legally described as:
Tract A, Registered Land Survey No. 692
and the South 30 feet of Block 8, Rearranc_re-
ment of Nicollet I3omes 2nd Addition.
and;
WHEREAS, the petitioner has duly served upon the undersigned
respondents its P7otice of Intent to Take Title and Possession,
wherein petitioner stated its intent to acquire title and
possession on August 5, 197II, to the lands above described; and
W6L•'REAS, the parties hereto are desirous of ac:lieving a
mutually acceptable agreement relating to the taki^~ of fee
title and possession,
~7O'r,T 'PHE2EFORli IT IS IIERE3Y STIPULATED A:vD AGREED as follows:
y. ~
Y 1'' l~ : / r..
1. That the petitioner shall, prior to or on-June 6,
1978, deposit with the Court Administrator a check in the
amount of the petitioner's approved appraisal to be deposited
in an interest bearing account for benefit of all of the respondents.
2. Tliat the petitioner shall have and be given as to these
repondents, fee title and possession to the above-described
property on and after September 1, 1978.
3. That this Court may approve this stipulation and, as
to those respondents, approve the tranfer of fee title and
possession to the petitioner effective on September 1, 1978.
Dated:
PETITIONER:
CITY pF R ~CHFIELD, "QI~?NESO'I'a
/ ,~ r ~,.
l-.- ~ -.--f _~-~
"Its Mayor l
BY ~ 1~r~~~~'% ~r,~~~~~
Its City Manager
RES OATDEI?TS: ~
Delores L. Fa~l,c.
H~a~low A. Nelson
David Nelson
~` NELSON' S MP.. BIG FAD?ILY `~'2~ESTAURANTS, INC .
~ ~
r/
By
Its
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 156
Rgenda, May 30, 1978
The Honorable Mayor
and
Members of the City Council
City of Richfield
Gentlemen:
Subject: L/H/N Public Improvements Change Order
There is an item on the May 30, 1978 city council agenda relating to
change orders for County Project 7625, the street improvements being under-
taken as part of the L/H/N project. There are four change items necessary to
complete this work.
The first item relates to the special bomanite crosswalks . While the
original specifications called fora thin color coating, it now appears desirable
to install the coloring agent in the top one to two inches of the bomanite paving
areas, making it more difficult to chip the colored portion from the structural
slab. The additional cost of this work is estimated to be $2,643, or nine per-
cent higher than the original amount bid for this item.
The second change order would permit lag screws to replace nails in the
bollard specifications, eliminate unnecessary footer concrete and change the
stain color. These changes will result in a net decrease of $510.
The third item would permit the city to replace residents' concrete sidewalk
steps , if and when necessary as the street and landscaping improvements may
abut such private property. The cost of this item would be $260 per cubic yard
of step replacements, and could result in an additional cost of $780.
The final change order relates to landscaping along Holy Angels Academy.
The present contract calls for the installation of Alpine Currant Hedge. However,
the existing hedge is Tartarian Honeysuckle and it would be more practical to
install the new plant material to match this hedge. It is, therefore, recommended
that the contractor furnish and install three to four feet of Tartarian Honeysuckle
hedge, at a price of $11 .50 per shrub, for a total additional contract cost of $394.
The total cost of these change orders is $3,307. It is recommended that
the city council approve an increase of $3, 307 for completion of the work items
Council Letter No. 156 - 2 - May 30, 1978
described above and authorize the city manager to execute the change
orders .
Respectfully submitted,
,v /
Wayne S. Burggraaff~ ~
City Manager
WSB/jl
cc: Public Works Director
Planning & Redevelopment Director
Finance Director