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2006-06-13• PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. ~~i~ ~"~`I AGENDA 1~Q~UND~~~T~];NG~& R;EDE,VELOPMENT.AiTT~QR~TY I ~, a.. ~n TYI:ESDAy, ~E 1~3, 2006 = 6:30 PM MO!L71~D ~;CIT'Y`~ COUN~~ClI. GHANIBERS Pale 1. Open meeting 2. Action approving agenda, with any amendments 3. Action approving minutes: May 23, 2006 1-2 ® Parks and Public Works Maintenance Facilit S ace Needs Study 3 4. Y p Update A. Approve Contract for Land Acquisition Services with 4-7 Evergreen Land Services Company 5. Adjourn ~J ® MOUND HOUSING AND REDEVELOPMENT AUTHORITY MAY 23, 2006 The Mound Housing and Redevelopment Authority of and for the City of Mound, Minnesota, met in regular session on Tuesday, May 23, 2006, at 7:20 p.m. in the council chambers of city hall. Members Present: Chairperson Pat Meisel; Commissioners David Osmek, Mike Specht, John Beise, and Bob Brown Members Absent: None Others Present: Executive Director Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Finance Director Gino Businaro, Cindy Reiter 1. Open Meeting Chair Meisel called the meeting to order at 7:20 p.m. 2. Approve Agenda MOTION by Specht, seconded by Osmek to approve the agenda. All voted in favor. Motion carried. ® 3. Approve Minutes MOTION by Specht, seconded by Beise to approve the minutes of the May 9, 2006 meeting. All voted in favor. Motion carried. 4. Indian Knoll Manor Manager's Monthly Report Cindy Reiter presented the monthly report as follows: A. April Bank Statement B. March Income Statement C. Review of Bills Paid: MOTION by Specht, seconded by Beise to approve payment of the bills for April, 2006. All voted in favor. Motion carried. D. Manager's Report: Reiter reported that there are currently three vacancies, of which two are the ADA units. These ADA units will be finished in about two weeks. Commissioner Brown arrived at 7:24 p.m. Reiter stated that they have to meet Bacon/Davis regulations as far as labor, etc., for lawn care. This delayed the work, but it is not completed. -1- HRA Minutes -May 9, 2006 5. Ad'~ourn MOTION by Specht, seconded by Beise to adjourn at 7:26 p.m. All voted in favor. Motion carried. Chair Pat Meisel Attest: Bonnie Ritter, City Clerk 2 -2- 5341 Maywood Road Mound, MN 55364 ® (952) 472-3190 MEMORANDUM To: HRA Members From: Carlton Moore, Director of Public Works Date: June 13, 2006 Subject: Parks & Public Works Space Needs Study Update Discussion In December of 2005 the City contracted with Ed Kodet of the Kodet Architectural Group to do the Parks & Public Works Space Needs Study for the City maintenance facilities. The space needs study group is comprised of two council members, the City Manager, and city staff representing the departments. The study group has reviewed the various needs of the departments, identified the vehicles and equipment for storage and workspace, anticipated future space needs, and visited other municipal maintenance facilities. The process, although not completed, has reached a point where the study group feels it is appropriate to update the HRA on the process and what issues are remaining to be completed. The purpose of the update meeting is to present to the HRA, the information gathered and seek direction on the next steps in the study process and respond to any questions or comments. n -3- Contract for Land Acquisition Services This CONTRACT is made this day of , 2006, between the Mound Housing and Redevelopment Authority ("HRA") and Evergreen Land Services Company ("Contractor") having an office at 4131 Old Sibley Memorial Highway, Suite #201, Eagan, MN 55122. Terms 1.0 SCOPE OF SERVICES. The HRA is looking for sites to construct public works and park maintenance facilities. The HRA would like to research multiple sites to determine the best location for the future facility. To accomplish this, the HRA is looking to contract with a consulting firm (Contractor) to assist the HRA and has prepared the following Scope of Services. The Scope of Services will be broken down into two main components these are outlined below: Phase One. Research Activities Phase Two. Option Activities The estimate for compensation for services to be provided are broken down between the two phases and are outlined below: Phase One. The Contractor shall perform the tasks outlined below under Phase One Research Activities. The Contractor shall be compensated per the hourly fee schedule as stipulated in Exhibit A. The Contractor shall not exceed $5,000.00 in fees without prior approval by the HRA. Phase Two. The Contractor shall perform the tasks outlined below under Phase Two Option Activities. The Contractor shall be compensated per the hourly fee schedule as stipulated in Exhibit A. The Contractor shall not exceed $15,000.00 in fees without prior approval by the HRA. The HRA, at its discretion, may wish to terminate this contract upon completion of Phase One. Contractor will only be authorized to complete Phase One and will not enter into Phase Two without prior HRA approval. Phase One Research Activities Contractor will work with the HRA in determining the location of the sites to be researched. The Contractor will also work with the HRA on maintaining the project timeline and updating the HRA on the project's progress. Contractor will meet with the HRA should a meeting become necessary during the course of the project research. -4- ® The contractor with the assistance of the HRA will identify potential areas or sites to be researched. The following activities will be performed by Contractor during this phase. 1. Obtain tax information on multiple sites within the City which meet the desired site requirements. 2. Identify land sales compatible with the various zonings. 3. Gather other property information as directed by the HRA. 4. Develop list of various site information for comparison purposes -acreage -number of owners/properties -site characteristics -estimated acquisition costs -others to be determined 5. Determine which site may require relocation assistance. 6. Update the HRA with weekly written updates Phase Two Option Agreements The Contractor, with input from the HRA, will determine the properties to approach for option agreements. Multiple parcels maybe identified as a potential site and the Contractor will perform ® the following activities: 1. Work with the City Attorney to prepare the draft of the Option Agreement to be used. 2. Work with the City Attorney to obtain title information on all parcels to be approached with an Option Agreement. 3. Draft written option agreements for all parcels to be approached to purchase options. 4. Prepare market value appraisal reports for all parcels being approached with an option 5. agreement. Present written options to all parcels being approached. These offers will be made in person whenever possible. 6. Negotiate with property owners on issues concerning the purchase of the options. 7. Meet with the HRA and determine the parcels to be completed for the purchase of the options. 8. Meet with all successful owners to sign the Option Agreements. 9. Inform all property owners that require relocation assistance on the relocation process. 10. Update the HRA with weekly written updates. 2.0 TERM. The term of this contract will be in effect for six months from the date of execution unless terminated by either party per section unless extended by the HRA. 3.0 WORK PRODUCT. Work product is property of the HRA. 2 -5- 4.0 INDEPENDENT CONTRACTOR. 4.1 Both the Contractor and the HRA acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor is connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable to the Contractor. 4.2 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 4.3 The Contractor acknowledges that any general instruction it receives from the HRA has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself, the HRA, and the City of Mound, from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the HRA and City of Mound as additional insured under its commercial general liability policy in limits acceptable to the HRA. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the HRA that acceptable insurance coverage is effective. The certificate of insurance shall be attached as Exhibit B to this agreement. 6.0 WORKER'S COMPENSATAION. 6.1 The Contractor will comply with the provisions of the Minnesota worker's compensation statute as an independent contractor before commencing work under this Agreement. 6.2 The Contractor will provide its own worker's compensation insurance and will provide evidence to the HRA of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the HRA, it's officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney's fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor's performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 3 -6- 1 ® 9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the HRA. The HRA may at any time assign this Agreement to the City of Mound without obtaining the expressed written consent of the Contractor. 10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing an executed by both parties. 11.0 NO WAIVER BY HRA. By entering into this Agreement, the HRA does not waive its entitlement to any immunities under statute or common law. 12.0 TERMINATION. Either party may terminate the Agreement at any time, for any reason. The Contractor shall be paid for all services rendered prior to termination. Title to all designs, studies, plans, specifications and other data related to Client's locations, structures and projects created prior to termination shall be the property of the HRA and shall be delivered to the HRA prior to receipt of the final payment for services. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. MOUND HOUSING AND REDEVELOPMENT AUTHORITY By: Pat Meisel Its Chairperson EVERGREEN LAND SERVICES COMPANY By: Its ~J 4 -7-