2006-06-13• PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
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AGENDA
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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
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® 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.
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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
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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.
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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.
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® 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.
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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.
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® 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
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