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Agenda Packets - 1994/10/11
CITY OF MOUNDS VIEW CITY COUNCIL OCTOBER 11 , 1993 7:00 P.M. AGENDA The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees and boards. Decisions are based on this information, as well as City policy and practices, input from constituents and a Councilmember's personal judgement. If you have comments, questions or information regarding an item on the agenda, please step forward to be recognized by the Mayor during the "Residents Requests and Comments From the Floor" item on the agenua. Pledse—sta - _ address for the record. All comments are appreciated. A copy of all printed materials relating to the agenda item is available for public inspection at the Recording Secretary's Table. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - Linke Trude Blanchard Wuori Quick AGENDA PAGE TWO OCTOBER 11, 1993 4. APPROVAL OF MINUTES: a. September 20, 1993 Special Joint Meeting Spring Lake Park/Mounds View COUNCIL ACTION: A T D Comments: b. September 27, 1993 Regular Council Meeting COUNCIL ACTION: A T D Comments: 5. SPECIAL ORDER OF BUSINESS: There was-no-special-bu 6. CONSENT AGENDA: A. Set Public Hearing for 7:05 p.m., October 25, 1993, to Consider Approval of Off-Sale Intoxicating Liquor License for Stanley Murzyn, 2840 Highway 10 B. Approve An Expenditure of Approximately $1,000 from the Recreation Activity Fund to Cover the Cost of a Feasibility Study for an Adventure Golf Course Facility at the Site of the Soccer Field at City Hall Park, Staff Report No. 93-639C 1 AGENDA PAGE THREE OCTOBER 11, 1993 C. Adopt Resolution No. 4425 Amending Resolution No. 2092, A Resolution Vacating Part of the Sewer Easement at 8106 Groveland Road D. Consideration of Step Adjustment for Division Secretary, Staff Report No. 93-640C E. Consideration of Resolution No. 4426 Approving Proactive Approach to Installing Streetlights per Police Department Analysis, Staff Report No. 93-641 C F. Adopt Resolution No. 4424 Approving Just and Correct Claims Against City Funds G. Licenses for Approval Sewer and Water - Expires 6/30/94 Advanced Design - New Bonine Excavating, Inc. - New HVAC - Expires 6/30/94 Flare Heating & Air Conditioning, Inc. - New Fire Protection, Inc. - Expires 6/30/94 Independent Fire Protection, Inc. - Renewal COUNCIL ACTION: A T D Comments: 7. RESIDENTS ' ' OOR Citizens' comments are encouraged to allow individual citizens to address the Council, as a whole, on a matter of interest or concern to the citizens. The preservation of the Citizens' Comments item on the agenda is important in order to encourage and maintain this information flow. To preserve and protect this valuable communications link, a speaker is limited to three (3) minutes. CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 8. PUBLIC HEARINGS: There are no public hearings scheduled for this meeting. AGENDA PAGE FOUR OCTOBER 11, 1993 9. COUNCIL BUSINESS: A. Consideration of Resolution No. 4423 Opposing Federal and State Mandates and Declaring October 27, 1993 as "Unfunded Mandates Day", Staff Report No. 93-642C (Staff Presenter: Samantha Orduno, City Administrator) COUNCIL ACTION: A T D Comments: B. Consideration of Bid Award for Construction of City Hall Expansion, Staff Report No. 93-643C (Staff Presenter: Tim Cruikshank, Assistant to the City Administrator) COUNCIL ACTION: A T D Comments: C. Consideration of Award to Contractor for Construction Management .•- - - . : ':n-----tnfe-to-be-p - - - - , - • - - evening. COUNCIL ACTION: A T D Comments: AGENDA PAGE FIVE OCTOBER 11, 1993 D. Consideration of Authorization for Mayor and Administrator to Execute Contract for Architectural Services with Bonestro and Associates, Staff Report No. 93-644C (Staff Presenter: Tim Cruikshank, Assistant to the City Administrator) COUNCIL ACTION: A T D Comments: E. Consideration of Charitable Gambling License for a One-Day, Off-Site Lawful Gambling Permit for the St. Paul Clown Club, Inc., Staff Report No. 93-645C (Staff Presenter: Michele Severson, Administrative Secretary) COUNCIL ACTION: A T D Comments: F. Consideration of Utility Construction and Use Agreement between Mounds View-Arden Hills-Minnesota Department of Administration Minnesota Department of Administration Facilities on County Road I, Staff Report No. 93-646C (Staff Presenter: Samantha Orduno, City Administrator) GOUNGIL ACTION: A T D Comments: G. Consideration of Authorizing Execution of Purchase Agreements for Golf Course Properties, Staff Report No. 93-647C (Staff Presenter: Samantha Orduno, City Administrator) COUNCIL ACTION: A T D AGENDA PAGE SIX OCTOBER 11, 1993 Comments: H. Consideration of Resolution No. 4431 Approving the Amended Joint Powers Agreement for Construction and Operation of the Fire Training Site, Staff Report No. 93-648C (Staff Presenter: Samantha Orduno, City Administrator) COUNCIL ACTION: A T D Comments: I. Consideration of Resolution No. 4430 Renaming Lakeside Park, Staff Report No. 93-649C (Staff Presenter: Samantha Orduno, City Administrator) COUNCIL ACTION: A T D Comments: 10. REPORTS: 1. Report of Councilmembers: Blanchard: Wuori: Quick: Trude: 2. Report of Mayor Linke: AGENDA PAGE SEVEN OCTOBER 11, 1993 3. Report of Administrator: 4. Report of Staff: 5. Report of Attorney: NEXT COUNCIL WORK SESSION: NOVEMBER 1, 1993, 7:00 P.M. NEXT COUNCIL MEETING: NOVEMBER 8, 1993, 7:00 P.M. 11. ADJOURNMENT: b:\ag.1011 Agenda Section: 6.B. OODS REQUEST FOR COUNCIL CONSIDERATION Report Number: 93-639C STAFF REPORT Report Date: Council Action: 10-07-93 111., ❑ Special Order of Business CITY COUNCIL MEETING DATE OCTOBER 11, 1993 El Public Hearings ]] Consent Agenda ❑ Council Business Item Description: Expenditure of Approximately $1,000 from the Recreation Activity Fund to Cover the Cost of a Feasibility Study for an Adventure Golf Course Facility at the Site of the Socccr Field at City Hall Administrator's Review/Recommendation: - No comments to supplement this report w� - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY: The Parks and Recreation Commission wishes to discuss with the City Council a request to have a $1,000 feasibility study to look into the construction of an Adventure Golf Course to be located at the current site of the small soccer field at City Hall. This is one of the goals that the Parks and Recreation Commission had set for themselves for 1993. During the year the Commission has looked into and visited various revenue producing recreation facilities. The Adventure Golf revenue producing facility seems to be most feasible. The Commission is interested in such a revenue producing facility for two basic reasons. The first and foremost is because our yearly allotment of Park Dedication will be ending in 1997. That yearly allotment of only $12,500 has been the mainstay of piddly projects in the parks which barely makes an impact on maintenance and replacement of equipment and other improvements. Once this has expired, we will have little or no Park Dedication monies coming in. The second reason that the Commission is interested in a revenue producing recreation facility is the chance to be self-sufficient for yearly park improvement monies. If the expectation is $50,000 profit annually, it would be more than we have had in the past several years as an annual budget in the Park Improvement Fund. • • •• : • .- - • • w - er or no 1 WOu • se w a we hope it to be. If the feasibility study would come out favorably, the Commission would hope to recommend that the City Council approve the construction and operation of an Adventure Golf Course as a revenue producing recreation facility using a funding package that would not be detrimental to the City of Mounds View. Ad /./ �///i-e/' - a isaanon, Director Parks, Recre., on and Forestry Department RECOMMENDATION; To approve an expenditure of approximately $1,000 from the Recreation Activity Fund to cover the cost of a feasibility study for an Adventure Golf Course facility at the site of the soccer field at City Hall Park. .til .� -�-�, . ,. REQUEST FOR COUNCIL CONSIDERATION Agenda 9.G. ,s6;:•"..!..4 ReportYumber-_ 93-647C STAFF rZeporti Daze: 10-7-93 fr . , Coyne.'mon: 0 Specal Order of Business CITY COUNCIL.MEETING DATE OCTOBER 11, 1993 0 Public Hearings 0 Consent Agenda M Council Business Item Description: Consideration of Authorizing Execution of Purchase Agreements for Golf Course Properties Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summarj (attach supplement sheets as necessary.) SUMMARY; • Negotiations have concluded for the purchase of the additional property for the proposed golf course site. The provisions of the land acquisition were discussed at the October 4th Work Session and finalized at the October 7th meeting of the Golf Course Task Force. The purchase price .of Lot 16, Blaine North Star Industrial Park is $204, 504.80. The purchase price of the 2 1/2 lots of Doug Watson's property in Mounds View is $356, 604. 94 for a total land acquisition cost of $561, 109.74. In addition to the land, the City will -pay the pro-rated taxes on Lot 16 from September 20,' 1993 to the end of the year and as ,per State law, the City will be responsible for the taxes: on all the properties for 1994 (these would be 1993 taxes, payable 1994) . The land acquisition costs will be funded out of the proposed Revenue Bond, the taxes will be paid out of the Golf Course Development Fund and proceeds from the Revenue Bond. The purchase is contingent upon completion of the bond sale. • Samantha orduno, Adm nistrator 1 V • • Motion to waive the reading and approve Resolution No. 4432 Approving the Land Acquisitions for the Proposed Golf Course and authorizing the Mayor and City Administrator to execute the Purchase Agreements. RESOLUTION NO. 4432 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE ACQUISITION OF LAND FOR THE PROPOSED GOLF COURSE AND AUTHORIZING EXECUTION OF PURCHASE AGREEMENTS WHEREAS, the City appointed a Golf Course Task Force in 1992 to develop plans and financing methods for a proposed municipal golf course in the northeast quadrant of the City; and WHEREAS, the Golf Course Task Force, over a period of 14 months has determined that a profitable and challenging 9 hole executive golf course and practice range can be constructed with the purchase of additional land; and WHEREAS, upon the recommendation of the Golf Course Task Force, the City authorized negotiations to proceed for the acquisition of additional land; and WHEREAS, a purchase price has been negotiated for the additional land for the golf course site as defined as: Lot 16, Blaine Northstar Industrial Park and Lots 5, 4, and the southern half of Lot 3 , Preliminary Plat of the Mounds View Northstar Industrial Park Industrial Park in the amount of $204, 504 . 90 for Lot 16, and $356, 603 .94 for Lot 5, 4, and the southern half of Lot 3 for a total purchase price of $561, 109 .74. NOW, THEREFORE BE IT RESOLVED THAT the City Council does hereby approve the purchase of additional land for the proposed golf course, subject to the provisions of the purchase agreements and does further authorize the Mayor and City Administrator to execute the final purchase agreements. Adopted this 11th day of October, 1993 . ATTEST: Mayor (SEAL) City Administrator SEP 30 '93 14:20 HOLMES & GRAVE- P.2 DRAFT " Lot 16ee REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made and entered into as of this day of September, 1993, by and between ("Seller") and CITY OF MOUNDS VIEW, a Minnesota municipal corporation ("Buyer"). RECITALS A. Seller is the owner of certain land ("Property") in the City of Mounds View, County of Ramsey, State of Minnesota, legally described as follows: Lot 16, Blaine's Northstar Industrial Park. • B. The Property is vacant, undeveloped land. C. Seller desires to sell, and Buyer desires to purchase, the Property, subject to the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual covenants made below and other good and valuable consideration, the parties agree as follows: 1. Offer and Acceptance. Seller agrees to sell and Buyer agrees to purchase the Property, subject to the terms and conditions of this Agreement. The Property is vacant, undeveloped land, and there is no personal property included in this sale. The chain link fence on the property is included in the sale. 2. Purchase Price. The purchase price for the subject property ("Purchase Price") shall be $204,504.90 and shall be payable in full at closing. 3. Title Matters. Upon execution of this agreement, Buyer shall obtain a title commitment for an owner's policy of title insurance from thetitle company of its choice. Buyer shall be allowed 20 business days after receipt of the title commitment for making any objections, which shall be made in writing or deemed waived. Seller shall have 60 days after receipt of Buyer's written objections to make title marketable. Pending correction of title, payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shall perform this Agreement according to its terms. 3.1. If the Seller proceeds in good faith to make title marketable but fails to do so within the 60 day period, Buyer may terminate this Agreement without any liability on its part, in which event the Earnest Money paid hereunder shall be promptly refunded to Buyer. 3.2. If Seller fails to make title marketable within the 60 day period due to Seller's failure so proceed in good faith, or, if title is marketable but Seller defaults in its obligations under this Agreement, Buyer may seek any of the following remedies permitted under law: (a) proceed to closing without waiver or merger in the deed of the objections to title and seek damages, costs and attorney's fees from Seller for recovery of the costs of curing the objections to title (damages may include an award in condemnation, and all JJT59371 ten25-11 1 SEP 30 '93 14:21 HOLMES & GRAVEN P.3 expert witness, appraisal, and attorney's fees incurred by Buyer, if the objections are cured through exercise of Buyer's eminent clonal').powers); or (b) terminate this Agreement by notice to Seller, in which event the Earnest • Money paid hereunder shall be promptly refunded to Buyer; or (c) seek damages from Seller including costs and reasonable attorney's fees, as permitted by law; or (d) seek specific performance of this Agreement, provided that the action is commenced within 6 months after the cause of action arises. 3.3. If title is marketable or is corrected within the 60 day period and Buyer defaults in any of the agreements herein, Seller may terminate this Agreement, and on such termination all payments made hereunder shall be retained by Seller as liquidated damages, time being of the essence hereof. The termination period for a Notice of Cancellation of this Agreement shall be 30 days as permitted by Section 559.21, Subd. 4. • 4. Conditions to Closing. The closing of the transaction contemplated by this Agreement and the obligation of the Seller to sell the Property and of the Buyer to purchase the Property shall be subject to the following conditions: 4.1. Buyer shall have determined on or before the Closing Date that it is satisfied, based upon the results of and matters disclosed by any environmental or soil investigations or testing of the Property, that there are no environmental or soil conditions that would interfere with Buyer's proposed use of the Property as a storm water drainage pond. Buyer and Seller each acknowledge that environmental contamination of any kind would interfere with Buyer's proposed use of the Property. 4.2. Buyer shall have reviewed and approved title to the Property pursuant to Section 3 herein. 4.3. Buyer shall have received proceeds from the Revenue Bond sale that is being used to fund the acquisition of the Property by Buyer. The above contingencies are for the sole benefit of Buyer, and Buyer shall have the right to waive those contingencies by giving written notice to Seller. If the contingencies set forth in this Section have not been satisfied by the Closing Date, Buyer or Seller may terminate this Agreement by giving written notice to the other on or before the Closing Date. If this Agreement is so terminated, the Earnest Money shall be prompts returned to : - -- _ - . _ - • . - _ _ •_ erem. _ •: = w. 5. Environmental and Soil Investigation. Buyer and its agents shall have the right, at its sole option and risk, to enter the Property for the purpose of testing soils, surveying, or doing other such work as may be necessary to determine the suitability of the Property for uses by the Buyer. If Buyer investigates and tests the Property pursuant to this Section, Buyer shall pay all costs and expenses of such investigations and testing and shall hold Seller harmless from all damages and liabilities arising out of Buyer's activities. Upon request of Buyer, Seller shall also permit Buyer to review all environmental reports and files, if any, relatinz to the Property and in Seller's possession. 6. Real Estate Taxes. On or before the Closing Date, Seller will pay all delinquent real estate taxes, penalties and interest, if any. Real estate taxes J0159371 MU12S-11 2 SEP 30 '93 14 22 HOLMES & GRAVEN P.4 6. Real Estate Taxes. On or before the Closing Date, Seller will pay all delinquent real estate taxes, penalties and interest, if any. Real estate taxes payable in the year of closing will be prorated between Buyer and Seller as of September 20, 1993. Seller warrants that real estate taxes payable in 1994 are non- homestead. 7. Special Assessments. On or before the Closing Date, Seller will pay all installments of special assessments certified for payment with real estate taxes payable in the year of closing. Seller will pay on the Closing Date all other special assessments levied as of the date of this agreement. Seller represents that it has not received a notice of a pending public improvement project from any assessing authority. If a special assessment becomes pending after the date of this Agreement and before the date of closing, Buyer may at its option: (a) assume payment of the pending special assessment without adjustment to the Purchase Price; or (b) declare this Agreement null and void by notice to Seller, and all Earnest Money paid under . this Agreement shall be returned to Buyer. 8. Closing. 8.1. The closing shall take place at City Hall in the City of Mounds View on or before November 1, 1993 or at such other time and place as may be agreed to by the parties in writing ("Closing Date") . 8.2. On the Closing Date, Buyer shall deliver to Seller the Purchase Price and Seller shall deliver to Buyer possession of the Property, and shall execute and/or deliver to Buyer: a) A duly executed general warranty deed, conveying marketable title to the Property to Buyer, subject only to: (I) building and zoning laws, ordinances, state and federal regulations; (ii) utility and drainage easements which do not interfere with Buyer's intended use of the Property as a golf course; (iii) restrictions which do not interfere with Buyer's intended use of the Property as a golf course. b) A duly executed affidavit regarding partnership. c) A receipt evidencing payment of real estate taxes for which payment was due prior to the Closing Date. 8.3. Seller shall pay at closing: (a) state deed tax applicable to the transfer of the Property tv Buyer; (b) conservation fee; (c) all recording fees and charges relating to the filing of any instruments required to make title marketable; (d) title insurance fees, other than insurance policy premiums; and (e) a letter stating that Victor Brenk, Jeff Brenk and Brenk shall each receive a lifetime pass for one round of golf per day on the golf course that is constructed on the Property. The passes are not transferable to any other party and shall automatically terminate on death. 8.5. Buyer shall pay at closing: (a) recording fees relating to the filir g of the Deed from Seller; and (b) title insurance premiums, if any, and title company closing fee, if any. JJT59371 MU125-u 3 SEP 30 '93 14:22 HOLMES & GRAVEN P.5 9. Covenants, Representations and Warranties of Seller. 9.1. The signatories to this Agreement represent that they are partners of the Seller and that they are authorized to execute this Agreement on behalf of Seller. 9.2. Seller shall take no actions to encumber title to the Property between the time Seller acquires the Property and the time the Deed is delivered to Buyer. 9.3. Seller warrants that it has not used the Property for the storage of hazardous substances or petroleum products and, as of the date of execution of this Agreement, is not aware of any facts the existence of which would constitute a violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act or the federal Comprehensive Environmental Response, Compensation and Liability Act. The foregoing is applicable only to Seller's actual knowledge of facts, and Seller represents that Seller has made no independent investigation of the Property. 9.4. Seller warrants there is a single right of access to the Property from a public right of way. 9.5. Seller warrants that there has been no labor or material furnished to the Property for which payment has not been made. 9.8. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. 9.7. The warranties made in paragraphs 9.1, 9.2, 9.4, 9.5 and 9.6 shall survive until one year after the date of closing and delivery of the deed. The warrany made in paragraph 9.3 shall survive until three years after the date of closing and delivery of the deed. 10. Covenants, Representations and Warranties of Buyer. 10.1. Buyer is a municipal corporation under the laws of the State of Minnesota and has the power to enter into this Agreement and carry out its obligations hereunder. The signatories to this Agreement represent that they are authorized to execute this Agreement on behalf of Buyer. _ 11. Well Disclosure. Buyer acknowledges receipt of a well disclosure statement from Seller, attached as Exhibit A to this Agreement. 12. Broker Commissions. Seller and Buyer represent that neither party has engaged the services of any realtor, broker or other person who would be entitled to a fee or commission in connection with the sale of the Property. 13. Miscellaneous 13.1 This agreement represents the complete and final agreementunderstan._ of the �s2►tiea azad su ersedes azs ' n g. T This agreement may be ended only by a writing executed by both parties. This JJT59371 k0125-11 4 SEP 30 '93 14:23 HOLMES & GRAVEN P.6 agreement shall be binding on the parties hereto, their successors and assigns. 13.2 The Buyer and Seller represent and warrant that the recitals contained herein are true and accurate. All warranties and representations by Seller and Buyer shall survive the closing of this transaction. 13.3 All notices required hereunder shall be given by depositing in the U.S. mail, postage prepaid, certified mail, return receipt requested, to the following addresses (or such other addresses as either party may notify the other) : To the Seller: To the Buyer: City of Mounds View Attn: Samantha Orduno 2401 Highway 10 Mounds View, MN 55112-1499 13.4 This contract shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BUYER: CITY OF MOUNDS VIEW By Its Mayor By Its Clerk-Administrator SELLER: SJT59371 ))W125-11 5 SEP 30 '93 14423 4-I0LMES a GRAVEN P.7 EXHIBIT A • Insert Well Disclosure Statement JJT59371 1RI12S-11 , OCT 01 '93 09:24 HOLMES & GRAVEN P.2 "Watson Property" DRAFT REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made and entered into as of this day of October, 1993, by and between ("Seller") and CITY OF MOUNDS VIEW, a Minnesota municipal corporation ("Buyer") RECITALS A. Seller is the owner of certain land ("Property") in the City of Mounds View, County of Ramsey, State of Minnesota, described as follows; Lot 5, Block 1, North Star Industrial Park Preliminary Plat Lot 4, Block 1, North Star Industrial Park Preliminary Plat South 1/2 of Lot 3, Block 1, North Industrial Park Preliminary Plat *These legal descriptions are based on the North Star Industrial Park Preliminary Plat dated May 14, 1987, provided by Comstock and Davis. Accurate legal description will be prepared prior to closing. B. The Property is vacant, undeveloped land. C. Seller desires to sell, and Buyer desires to purchase, the Property, subject to the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual covenants made below and other good and valuable consideration, the parties agree as follows: 1. Offer and Acceptance. Seller agrees to sell and Buyer agrees to purchase the Property, subject to the terms and conditions of this Agreement. The Property is vacant, undeveloped land, and there is no personal property included in this sale. Buyer is responsible for cleaning up surface junk and debris on the Property. 2. Purchase Price. The purchase price for the subject property ("Purchase Price") shall be $356,603.94 and shall be payable in full at closing. 3. Title Matters. Upon execution of this agreement, Buyer shall obtain a title commitment for an owner's policy of title insurance from the title company of its choice. Buyer shall be allowed 20 business days after receipt of the title commitment for making any objections, which shall be made in writing or deemed waived. Seller shall have 60 days after receipt of Buyer's written objections to make title marketable. Pending correction of title, payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shall perform this Agreement according to Its terms. 3.1, If the Seller proceeds in good faith to make title marketable but fails to do so within the 60 day period, Buyer may terminate this Agreement without any liability on its part, in which event the Earnest Money paid hereunder shall be promptly refunded to Buyer. NTS9311 Ma123-11 1 , OCT 01 '93 09:24 HOLMES & GRAVEN P.3 3.2. If Seller fails to make title marketable within the 60 day period due to Seller's failure to proceed in good faith, or, if title is marketable but Seller defaults in its obligations under this Agreement, Buyer may seek any • of the following remedies permitted under law: (a) proceed to closing without waiver or merger in the deed of the objections to title and seek damages, costs and attorney's fees from Seller for recovery of the costs of curing the objections to title (damages may include an award in condemnation, and all expert witness, appraisal, and attorney's fees incurred by Buyer, if the objections are cured through exercise of Buyer's eminent domain powers); or (b) terminate this Agreement by notice to Seller, in which event the Earnest Money paid hereunder shall be promptly refunded to Buyer; or (c) seek damages from Seller including costs and reasonable attorney's fees, as permitted by law; or (d) seek specific performance of this Agreement, provided that the action is commenced within 6 months after the cause of action arises. 3.3. If title is marketable or is corrected within the 60 day period and Buyer defaults in any of the agreements herein, Seller may terminate this Agreement, and on such termination all payments made hereunder shall be retained by Seller as liquidated damages, time being of the essence hereof. The termination period for a Notice of Cancellation of this Agreement shall be 30 days as permitted by Section 559.21, Subd. 4. 4. Conditions to Closing. The closing of the transaction contemplated by this Agreement and the obligation of the Seller to sell the Property and of the Buyer to purchase the Property shall be subject to the following conditions: 4.1. Buyer shall have determined on or before the Closing Date that itis satisfied, based upon the results of and matters disclosed by any environmental or soil investigations or testing of the Property, that there are no environmental or soil conditions that would interfere with Buyer's proposed use of the Property as a storm water drainage pond. Buyer and Seller each acknowledge that environmental contamination of any kind would interfere with Buyer's proposed use of the Property. 4.2. Buyer shall have reviewed and approved title to the Property pursuant to Section 3 herein. 4.3. Buyer shall have received proceeds from the Revenue Bond sale that is being used to fund the acquisition of the Property by Buyer. The above contingencies are for the sole benefit of Buyer, and Buyer shall have the right to waive those contingencies by giving written notice to Seller. If the contingencies set forth in this Section have not been satisfied by the Closing Date, Buyer or Seller may terminate thi Agreement by giving written notice to the other on-or--before the Closing Date. If this Agreement is so terminated, the Earnest r Money shall be promptly returned to Buyer, except as otherwise provided in Section 3 herein. 5. Environmental and Soil Investigation, Buyer and its agents shall have the right, at its sole option and risk, to enter the Property for the purpose of testing soils, surveying, or doing other such work as may be necessary to determine the suitability of the Property for uses by the Buyer. If Buyer investigates and tests the Property pursuant to this Section, Buyer shall pay all costs and expenses of W259371 DR1125-11 2 OCT 01 '93 09:25 HOLMES & GRAVEN P.4 such investigations and testing and shall hold Seller harmless from all damages and liabilities arising out of Buyer's activities. Upon request of Buyer, Seller shall also permit Buyer to review all environmental reports and files, if any, relating to the Property and in Seller's possession. Seller is responsible for all costs and expenses necessary to correct any contamination or environmental defects found on the Property. 6. Real Estate Taxes. On or before the Closing Date, Seller will pay all delinquent real estate taxes, penalties and interest, if any. Real estate taxes payable in the year of closing will be prorated between Buyer and Seller as of the closing date. Seller warrants that real estate taxes payable in 1994 are non- homestead. 7. Special Assessments. On or before the Closing Date, Seller will pay all installments of special assessments certified for payment with real estate taxes payable in the year of closing. Seiler will pay on the Closing Date all other special assessments levied as of the date of this agreement. Seller represents that it has not received a notice of a pending public improvement project from any assessing authority. If a special assessment becomes pending after the date of this Agreement and before the date of closing, Buyer may at its option: (a) assume payment of the pending special assessment without adjustment to the Purchase Price; or (b) declare this Agreement null and void by notice to Seller, and all Earnest Money paid under this Agreement shall be returned to Buyer. 8. Closing. , (( ' 8.1. The closingshall take place at City Hall in the City of Mounds View on or before November 1, 1993 or at such other time and place as may be agreed to by the parties in writing ("Closing Date"). 8.2. On the Closing Date, Buyer shall deliver to Seller the Purchase Price and Seller shall deliver to Buyer possession of the Property, and shall execute and l or deliver to Buyer: a) A duly executed general warranty deed, conveying marketable title to the Property to Buyer, subject only to: (i) building and zoning laws, ordinances, state and federal regulations; (ii) utility and drainage easements which do not interfere with Buyer's intended use of the Property as a golf course; (iii) restrictions which do not interfere with Buyer's intended use of the Property as a golf course. b) A duly executed affidavit regarding partnership. c) A receipt evidencing payment of real estate taxes for which payment was due prior to the Closing Date. 8.3. Seller shall pay at closing: (a) state deed tax applicable to the transfer of the Property to Buyer; (b) conservation fee; (c) all recording fees and charges relating to the filing of any instruments required to make title marketable; (A) title insurance fees, other than insurance policy premiums; and (e) letter stating that Victor Brenk, Jeff Brenk and Brenk shall each receive a lifetime pass for one round of golf per day on the 7 golf course that is constructed on the Property. The passes are not ! transferable to any other party and shall automatically terminate on death. I t lks .1!x59371 , D117125-11. 3 1 , OCT 01 '93 09:26 HOLMES & GRAVEN P.5 8,5. Buyer shall pay at closing: (a) recording fees relating to the filing of the Deed from Seller; and (b) title insurance premiums, if any, and title company closing fee, if any. 9. Covenants, Representations and Warranties of Seller. 9.1. The signatories to this Agreement represent that they are partners of the Seller and that they are authorized to execute this Agreement on behalf of Seller. 9.2. Seller shall take no actions to encumber title to the Property between the time Seller acquires the Property and the time the Deed is delivered to Buyer. 9.3. Seller warrants that it has not used the Property for the storage of hazardous substances or petroleum products and, as of the date of execution of this Agreement, is not aware of any facts the existence of which would constitute a violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act or the federal Comprehensive Environmental Response, Compensation and Liability Act. The foregoing is applicable only to Seller's actual knowledge of facts, and Seller represents that Seller has made no independent investigation of the Property. 9.4. Seller warrants there is a single right of access to the Property from a public right of way. 9.5. Seller warrants that there has been no labor or material furnished to the Property for which payment has not been made. 9.6. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. 9.7. The warranties made in paragraphs 9.1, 9.2, 9.4, 9.5 and 9.6 shall survive until one year after the date of closing and delivery of the deed. The warrany made in paragraph 9.3 shall survive until three years after the date of closing and delivery of the deed. 10. Covenants, Representations and Warranties of Buyer, 10.1. Buyer is a municipal corporation under the laws of the State of Minnesota and has the power to enter into this Agreement and carry out its obligations hereunder. The signatories to this Agreement represent that they are authorized to execute this Agreement on behalf of Buyer. 11. Well Disclosure. Buyer acknowledges receipt of a well disclosure statement from Seller, attached as Exhibit A to this Agreement. 12. Broker Commissions. Seller and Buyer represent that neither party has engaged the services of any realtor, broker or other person who would be entitled to a fee or commission In connection with the sale of the Property. JOT59371 10U125-11 4 , OCT 01 '93 09:26 HOLMES & GRAVEN P.6 • 13. Miscellaneous 13.1 This agreement represents the complete and final agreement of the parties and supersedes any prior oral or written understanding. This agreement may be amended only by a writing executed by both parties. This agreement shall be binding on the parties hereto, their successors and assigns. 13.2 The Buyer and Seller represent and warrant that the recitals contained herein are true and accurate. All warranties and representations by Seller and Buyer shall survive the closing of this transaction. 13.3 All notices required hereunder shall be given by depositing in the U.S. mail. postage prepaid, certified mail, return receipt requested, to the following addresses (or such other addresses as either party may notify the other): To the Seller: To the Buyer: City of Mounds View Attn: Samantha Orduno 2401 Highway 10 Mounds View, MN 55112-1499 13.4 Buyer will consider tax increment financing in an amount not to exceed $230,000 for lateral water and sewer connection fee and detention pond construction for the remaining parcels of land in the preliminary plat dated May 14, 1987, provided by Comstock and Davis. Buyer Is under no obligation to provide such financing and the availability of such financing is not a condition to Seller's obligations in this Agreement. 13.5 This contract shall be governed by the laws of the State of Minnesota. J3T59371 $11123-11 5 OCT 01 '93 09:27 HOLMES & GRAVEN P.7 • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BUYER: CITY OF MOUNDS VIEW By Its Mayor By Its Clerk-Administrator SELLER: JJT59371 sU125-11 6 . • OCT 01 '93 09:27 HOLMES & GRAVEN P.8 KBIT A Insert Well Disclosure Statement 33'59371 MU12S-11 ITEM 6.C. RESOLUTION NO. 4425 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AMENDING RESOLUTION NO. 2092, A RESOLUTION VACATING PART OF THE SEWER EASEMENT AT 8106 GROVELAND ROAD WHEREAS, the City of Mounds View had a sewer easement to construct, operate, repair, replace, inspect and maintain sewer mains, pipes and lines across the south 40 feet of the north 115 feet of Lot 47, Auditor's Subdivision No. 89, except therefrom the west 20 feet, said property located at 8106 Groveland Road, owned by Daryl D. Blasberg; and WHEREAS, the residential structure at 8106 Groveland Road has been erected over a portion of the above-described sewer easement; and WHEREAS, the City does not need for its purposes the entire 40-foot easement across 8106 Groveland Road; and WHEREAS, the City of Mounds View has previously adopted Resolution No. 2092 vacating the south 31 feet of the east 100 feet of that sewer easement contained in the deed dated February 14, 1964, filed as Document 472482 in the office of the Registrar of Titles of Ramsey County recorded on June 25, 1964, said Resolution No. 2092 stating the above vacation being dated September 30, 1986 and recorded October 25, 1986 in the Office of the Registrar of Titles of Ramsey County as Document 815332; and WHEREAS, the City of Mounds View inadvertently failed to vacate a sewer easement over the same above-described property conveyed to the City of Mounds View by the mortgagee of said property, Minneapolis Federal Savings and Loan Association, said easement dated December 20, 1963 and recorded in the Office of the Registrar of Titles of Ramsey County on June 25, 1964 as Document No. 472481. NOW, THEREFORE, BE IT RESOLVED by the City of Mounds View that Resolution No. 2092 is amended to include vacating the south 31 feet of the east 100 feet of that sewer easement conveyed to the City of Mounds View in that sewer easement document dated December 20, 1963 recorded in the Office of the Registrar of Titles of Ramsey County on June 25, 1964 as Document No. 472481. Adopted this 11th day of October, 1993 . ATTEST: MAYOR (SEAL) CLERK-ADMINISTRATOR STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified Clerk/Deputy Clerk of the City of Mounds View, Minnesota, hereby certify that I have carefully compared the attached and foregoing with the original thereof on file in my office, and the same is a full, true and complete copy thereof, insofar as the same relates to: Resolution No. - AMENDED RESOLUTION VACATING PART OF THE SEWER EASEMENT AT 8106 GROVELAND ROAD WITNESS MY HAND officially as such Clerk/Deputy Clerk and the corporate seal of the City of Mounds View this day of , 1993. Deputy Clerk 77: _: Agenda Section: 6.D. Inif REQUEST FOR COUNCIL CONSIDERATION Report Number: 93-640C STAFF REPORT Report Date: 10-7-93 EN Council Action: ❑ Special Order of Business CITY COUNCIL MEETING DATE OCTOBER 11, 1993 0 Public Hearings Z Consent Agenda ❑ Council Business Item Description: Resolution No. 4428 Approving a Wage Adjustment for Tracy Juell, Public Works Secretary Administrator's Review/Recommendation: - No comments to supplement this report 7 - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) TTMMARY; Tracy Juell, the City's Public Works Secretary, has been working with the City since February of 1991. In accordance with the City's 5 Step Compensation Policy, this position is due for a wage adjustment. Ms. Juell is currently at Step 3 , $10. 66/hr. Her performance has been satisfactory and staff is recommending a wage adjustment to Step 4, $11.26/hour. This adjustment is consistent with the 5 Step Pay Plan for this position. • *** 0(Agelf Tim Cruikshank, Asst. to City Admin. • RECOMMENDATION: Motion to waive the reading and adopt resolution No. 4428 approving a wage adjustment for Tracy Juell, Division Secretary. RESOLUTION NO. 4428 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A WAGE ADJUSTMENT FOR TRACY JUELL PUBLIC WORKS SECRETARY WHEREAS, Tracy Juell is a regular full-time employee who began working for the City of Mounds View on February 25, 1991; and WHEREAS, Ms. Juell's work performance has met the responsibilities of Public Works Secretary as outlined in the job description; and WHEREAS, her work performance has been satisfactorily reflected in her performance review; and WHEREAS, a wage adjustment that is consistent with the City's compensation policy is recommended. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council hereby approve a wage adjustment .for Tracy Juell from $10. 66/hour to $11.26/hour effective 10/14/93 . Presented this 11th day of October, 1993 . (SEAL) Jerry Linke, Mayor (ATTEST) Samantha Orduno, City Administrator i Agenda Section: 6-E- ,, .E. � � REQUEST FOR COUNCIL CONSIDERATION.. 1 Rif Report Number. 93-641C ,STAFF REPORT Report Date: l0-7-93 �;� Council Action: O Special Order of Business CITY COUNCIL MEETING DATE OCTOBER 11, 1993 • Public Hearings M Consent Agenda O Council Business Item Description: Consideration of Resolution No. 4429 Approving Proactive Approach to Installing Streetlights Per Police Department Analysis Administrator's Review/Recommendation: - No comments to supplement this report LJ - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) ,SUMMARY; - At the October 4, 1993 , Mounds View City Council Worksession, the City Council agreed to a proactive approach for the installation. of Street Lights throughout the City based on a needs analysis conducted by the Mounds View Police Department. Presented for your consideration is Resolution No. 4429 confirming this proactive philosophy and a detailed plan of where and when these lights are to be installed. The following schedule is proposed: 1994 Location Lights 7600 block of Woodlawn 4 Bronson Drive and Edgewood Drive 1 Bronson Drive and Greenfield Avenue 1 5751 Quincy Street 1 Between Quincy and Hillview Road 1 About 2085 Hillview Road 1 About 2201 Hillview Road 1 1995 Silver View Park (inside park) 2 Hillview Park 1 Lambert Park 1 Rustad Lane and Quincy Street 1 5711 Quincy Street 1 Groberg Street and Jackson Drive 1 5445 Jackson Drive 1 2239 Hillview Road 1 Knoll Drive and Greenfield Park 1 7A;ii 00d4/14Jt RECOMMENDATION: Tim Cruikshank, Asst. to City Admin. Motion to waive the reading and Adopt Resolution No. 4429, approving proactive plan for the installation of street lights throughout the City based on Police Department's needs analysis. Location Lights 1996 2685 County Road H2 east to Long Lake Road 4 St. Stephen Street and Bronson Drive 1 Greenwood Drive and Long Lake Road 1 About 8385 Greenwood Drive 1 About 8368 Red Oak Drive 1 Woodcrest Park 1 Quincy Street and Hillview Road (north side) 1 RESOLUTION NO. 4429 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A PROACTIVE STREET LIGHT INSTALLATION PLAN WHEREAS, the City of Mounds View has a Street Lighting policy that provides for the installation of street lights where determined by the City Council that it is in the best interest of preserving the health, safety and welfare of the residents of the City; and WHEREAS, the Mounds View City Council requested an analysis of the City's current street lighting conditions to determine the need for installing additional lights where deemed necessary; and WHEREAS, the Mounds View Police Department has conducted a thorough analysis of the street light needs in the City and has recommended a plan for installing street lights; and WHEREAS, the City Council supports this plan and would like to proactively install street lights based on the Police Department's recommendation. NOW, THEREFORE, BE IT RESOLVED that the following plan be implemented for the next three years, 1994-1996, with the priority being such: 1994 Location Lights 7600 block of Woodlawn 4 Bronson Drive and Edgewood Drive 1 Bronson Drive and Greenfield Avenue 1 5751 Quincy Street 1 Between Quincy and Hillview Road 1 About 2085 Hillview Road 1 About 2201 Hillview Road 1 1995 Silver View Park (inside park) 2 Hillview Park 1 Lambert Park 1 Rustad Lane and Quincy Street 1 5711 Quincy Street 1 Groberg Street and Jackson Drive 1 5445 Jackson Drive 1 2239 Hillview Road 1 Knoll Drive and Greenfield Park 1 1996 2685 County Road H2 east to Long Lake Road 4 St. Stephen Street and Bronson Drive 1 Greenwood Drive and Long Lake Road 1 About 8385 Greenwood Drive 1 About 8368 Red Oak Drive 1 Wpodcrest Park 1 Quincy Street and Hillview Road (north side) 1 BE IT FURTHER RESOLVED that additional streetlights, other than what is include in this plan, will be installed on an as requested by petition basis, provided the request meets all necessary criteria. Presented this 11th day of October, 1993. (SEAL) Jerry Linke, Mayor (ATTEST) Samantha Orduno, City Administrator -'7.: Benda 3ec^on: 9.A. -.„a REQUEST FOR COUNCIL CONSIDERATIONnior Retwr Numi:er. 93-642C 5 F REPORT c'?eport Dare: 10/7/93 J Councl on: Q Soecal Order of Business CITY COUN. MEETING DATE OCTOBER 11, 1993 Public Hearings C: Consent Agenda ecCouncil Business Item Description: Consideration of Resolution No. 4423 Opposing Federal and State Mandates and Declaring October 27, 1993 as "Unfunded Mandates Day" Administrator's R.eview,Recommendarion: - No comments to supplement this report - Comments attached. Explanation/Summar/ (attach supplement sheets as necessary.) STTM WARY; • The League of Minnesota Cities in conjunction with the National League of Cities has declared Wednesday, October 27th, "Unfunded Mandates Day" in cities throughout the nation. It is a day in which all cities will help educate citizens and lawmakers about unfunded federal and state mandates that impact cities. The attached resolution is presented for your consideration. Also as part of the education process, each city has been asked to write to their state and federal elected officials and call attention to the financial burden that mandates place on cities at a time when federal and state assistance programs are declining. I have attached a list of some of the state and federal mandates which impact the City, directly and indirectly. Each year, more and more unfunded mandates are placed on the backs of cities. As cities try to balance service demands with limited resources, unfunded mandates continue to make that balancing act more difficult. _,,,ie,„,g ' arrant a Orduno, ity Administrator 1 RECOMMENDATION: Motion to read and approve Resolution No. 4423 Opposing Federal and State Mandates and Declaring October 27, 1993 as "Unfunded Mandates Day" RESOLUTION NO. 4423 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OPPOSING FEDERAL AND STATE MANDATES AND DECLARING OCTOBER 27, 1993 AS "UNFUNDED MANDATES DAY" WHEREAS, unfunded mandates on local government have increased - significantly in recent years; and WHEREAS, federal and state mandates do not consider local circumstances, costs, or capacity, and subject cities to civil or criminal penalties for noncompliance; and WHEREAS, federal and state mandates require compliance regardless of other pressing local needs and priorities affecting the health, welfare, and safety of citizens; and WHEREAS, federal and state burdens on local governments force cities to impose a combination of higher local taxes and fees on local taxpayers and/or reduce local services to citizens; and WHEREAS, federal and state mandates are often inflexible, "one-size- fits-all" requirements with unrealistic time frames and overly specific and inflexible procedures where less costly alternatives may be just as effective; and WHEREAS, the cumulative impact of these laws and rules directly affect the citizens of our cities; and WHEREAS, the League of Minnesota Cities, in collaboration with the National League of Cities, seeks to help citizens understand and then help encourage lawmakers to reduce the burden and inflexibility of unfunded mandates, beginning with a National Unfunded Mandates Day on October 27, 1993 . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View endorses the League's efforts and those of the National League of Cities and will fully inform our citizens about the impact of state federal mandates on our local spending and taxes; and BE IT FURTHER RESOLVED that the City Council of the City of Mounds endorses this year of mandate awareness, beginning October 27 by informing and working with members of our Congressional delegation and our state legislators to educate them about the impact of federal and state mandates and the actions necessary to reduce these burdens on our citizens. Adopted this 11th day of October, 1993 . ATTEST: MAYOR (SEAL) CLERK-ADMINISTRATOR PRIORITY LIST OF STATE MANDATES AFFECTING CITIES Pav equity study, implementation, and reporting (M.S. 471, 991-999) — State requirements that cities conduct job evaluation studies, report on implementation plans, and comply with the state requirements for establishing equitable compensation. Binding arbitration for essential employees (M.S. 179A) - State regulation of employment contracts, determination of "essential employees" , requirements for settlement by mediators . This law affects salaries, benefits and other work conditions and takes out of cities ' control negotiations for those benefits . Conducting elections (M.S. ) - State laws stipulate requirements for cities when conducting elections . These laws apply to: regular and special elections; elections for county, state and federal, city, and some school races; the timing of the election; publication and number and salaries of election judges; state- certified voting equipment; timelines for testing of voting equipment; preparation of ballots; absentee ballot procedures; and same-day voter registration. Worker's compensation (M.S . 176 and 181) - State law includes a presumpption of occupational diseases making them job-related and compensable (M.S. 176 . 011 - 021) . It includes: - Infectious disease (eg. AIDS and hepatitis) for any public service employee - cancer presumption for firefighters - heart and lung disease presumption for either police or firefighters Gopher State One Call (M.S. 216D) - required notification system for underground excavation. Cities are responsible for issuing permits for excavation and are one of the primary underground utilities operators .. Cities are charged for location contacts with the excavation notification center. Additional State and Federal Mandates Affecting Minnesota Cities PERSONNEL/EMPLOYEE RELATIONS Unemployment compensation (M.S . 268) - requirement that cities adhere to same costly unemployment compensation program rules required of private employees . Workers ' compensation (M.S . 176) Cities are responsible for enforcing requirements for worker's compensation for local contractors and licensees . -2- Public pensions - Basic and Coordinated Plans (M.S . 353) - Mandatory participation in PERA requiring city employee contribution rates of 10. 73 percent for Basic plan members and 4 .48 percent for coordinated plan members . Continuation of health and life insurance coverage (M.S. 62A. 17 and M.S. 61A. 092) - State requirements for continuation of option for health and life insurance coverage following voluntary or involuntary terminiation) ; also requires continuing such coverage for disabled persons . Prevailing wages paid on public contracts (M.S. 177 .41, 44 and A.G. Op. 41501 - Attorney General interpretation of the state's Davis- Bacon requirements (prevailing wage requirements) applying to city contracts resulting in higher costs for those contracts . Veterans preference (M.S. 197 .447 , 455 , 46, 48 , 481 and 192 .26 - prference granted to veterans for hiring, protection from discharge, up to 60 days of paid leave while challenging any discharge or disciplinary action, and full salary for up to three weeks for all city employees serving in the military reserves or on active duty. Employee right-to-know act (M.S. 182 . 65) - requires disclosure and reporting of presence of hazardous materials or conditions in the work place. Parental leave (M.S . 181. 940 - 944 - employees working an average of 20 or more hours per week are guaranteed an unpaid leave of absence of up to six weeks, with continued insurance coverage and reinstatement. PUBLIC SAFETY Peace officer standards and training (POST) (M.S. 626 . 84 - 863 - •reservice and cont ' , ' es ' - - _ ' licensed law enforcement officers. Temporary detention facilities/detoxification centers - when a City provides temporary holding of persons arrested, the City must meet state standards in its building and maintenance of such a facility. 911 (M.S . 403) - state requirements for local emergency telephone service. Cities who do their own dispatching must meet the guidelines of the program. ■ -3- Confined space entry - standards imposed in situations where a confined space (such as a manhole) is entered. For example, there is a requirement that a minimum of two employees are present whenever a confined space is entered. (OSHA) Animal Control (M.S. 346, 347 and Chapter 37 , 1989 Session Laws) - state regulation of standards for facilities used for animal control, procedures for apprehending animals, and minimum holding periods . First Responder" and Firefighting By City Employees On State Highways - state reimbursement does not cover the costs of performing these services . ENVIRONMENT Wastewate Treatment Standards - state goes beyond federal government. In many was standards affecting wastewater treatment; extensive reporting requirments to PCA. Drinking Water Standards - regulation of drinking water requiring frequent testing and reporting to assure adherence to standards. Surface Water Management Organizations or Plan (M.S. 1108 and 112) - state law requires cities to cooperate in developing a comprehensive water management plan. Waste Disposal Facilities (PCA Rules) - regulation of most aspects of incinerator and sanitary landfills including design, demolition. Hazardous Substance Transportation (M.S. 221 and Federal SAPA - regulations on the transportation of hazardous substances and requirements that cities select routes for transport, and police those- routes, which are frequently not city streets. Recycling (M.S. 1158) - counties authorized to mandate recycling responsibilities to cities . Minnesota Clean Indoor Air Act (M.S . 144 .411 - 417) - cities required to comply with and enforce act within its public buildings . PLANNING Land Use Planning (M.S . 473H) - metro cities are required by the state to have a comprehensive land use plan. -4- State Zoning Standards (M.S. 462 .336) - limitations on local zoning decisions for manufactured homes, group homes, earth-shelterred homes, etc . Uniform Building. Code (UBC) — Cities are required to adopt and enforce a state uniform building code which enforces heating, ventilation, energy conservation, electric, fire standards, plumbing, etc. Handicap accessibility is one of the requirements which must be assured for public buildings . Flood Plain Management (M.S . 104 . 04) - The commissioner of natural resources is authorized to require and approve local government reporting on flood plain management ordinances . Costs associated with imposing local ordinances may be passed on to the local government. Flood insurance (M.S. 104 . 08) - The state requires that all local governments subject to recurrent flooding participate in the national flood insurance program. Shoreland Development (M.S. 103 .485) - The commissioner of natural resources is authorized to require and approve local government reporting on shoreland management ordinances, and monitor land use in the vicinity of the shoreland. TRANSPORTATION Municipal State Aid Roads (M.S . 162 . 09) - To obtain funding for construction and maintenance of these roads, cities must comply with standards which often result in overbuilding of such roads . In addition, a larger share of MVET revenues are being transferred into the state trunk highway system. -GENERAL GOVERNMENT/RECORD KEEPING State Record Retention Schedule (Dept. of Administration) - State regulations determine what records cities must keep and for what length of time. Requirements include storage time ranging from three years to infinity. Minnesota Government Data Practices Act (M.S . 13) - Nearly all government data is to be considered to be public and access and reproduction of this information is required. Open Meeting Law (M.S. 471 . 705) Cities are required to open all of their meetings to the public . Specific requirements for availability of meeting notices, agendas and minutes must be kept and open to the public during all normal business hours . -5- Competitive bidding (M.S. 471. 345 and M.S . 429 . 041) - The uniform municipal contracting law contains extensive regulation of the requirements for the advertising of and bidding on municipal contracts . Examiniation of bonded public employees (M.S. 574 .23) - An examination process is required whenever there is a change in the personnel for city clerks and treasurers . Summary budget statement publication (M.S. 471 . 6965) - Annual publication of the summary budget must include information relating - - toanticipatedrevenues and expenditures in a . design so that a cmparison may be made between the current and budget years . This must be published in the official newspaper of the city, or if there is none, in a qualified newspaper or general circulation in the city. Home Rule Charters (M.S . 410) - State regulations are provided for the framing, adoption and amendments to the charter, and the operation of the charter commission. Municipal liquor store reporting requirements (M.S . 471. 6985) - State reporting requirements prescribed for financial statements from municipal liquor stores . REVENUE CONSTRAINTS 6.5 sales tax imposed on City purchases. Tax exempt property - The presence of properties in cities which are determined by statute to be exempt from property taxes increase . city costs (police and fire protection, road maintenance, street lighting, etc. ) . Such properties include state institutions, such as universities, hospitals , corrections facilities, and other state-owned properties . Limitations on Local Special Assessments (M.S. 429) - Statutory restrictions are imposed on the uses , notices, hearings, bidding, contracts, apportionment of cost, assessment procedures, and collection of special assessments . Limitations on maximum penalties and fine (M.S . 609 . 033-0351) - statutory restrictions are placed on allowable penalties and fines for ordinance violations, and petty and gross misdemeanors . Truth in taxation (M.S. 276 . 065) - Requirement for cities to provide pre-notification of property tax changes and adhere to certain rules with partial state reimbursement to counties only. -6- MISCELLANEOUS MVET on City purchase of Vehicles (M.S . 2978) - state law requires cities to pay the 6 percent motor vehicle excise tax on vehicles used as road maintenance vehicles, plows, dump trucks, etc . Grandfathered contributions to regional libraries (M.S . 134 . 34 - state requires that once a city participates in funding a regional library, a minimum effort contribution must be maintained. '77" Agenda Section: 9.B. Mp REQUEST FOR COUNCIL CONSIDERATION Report Number. 93-643C STAFF REPORT Report Date: 10/7/93 Council Action: EN 0 Special Order of Business CITY COUNCIL MEETING DATE OCTOBER 11, 1993 0 Public Hearings ❑ Consent Agenda C2F Council Business Item Description: Consideration of Bid Award for Construction of City Hall Expansion Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach suppleme. sheets as ne• scary.) FITMMARY; At 2 : 00 p.m. , on Wednesday, October 6, 1993, the bid opening for the expansion of Mounds View City Hall took place in the Council Chambers. 13 contractors submitted bids and were present for the bid opening. Following is a list of bidders and their bid amounts. CONTRACTOR 'BASE BID Socon Construction $445, 800 KM Building $445, 000 Falls and Nyhusmoen $438,896 ECI Building $428, 000 CM Construction $419,750 United Contracting . $410, 000 Parkos Construction $409,700 Hunerberg Construction $409, 100 Morcon $406,300 Riverwoods Development Disqualified Merrimac $404, 906 Gladstone Construction $394,755 Mikkelson-Wulff $386, 679 References are being checked and will be reported on at Monday's meeting. i/A "ik Tim Cruikshank, Asst. to City Admin. RECOMMENDATION: Award bid in the amount of $386, 679 for City Hall expansion to low bidder, Mikkelson-Wulff Construction, to be funded out of City Hall Expansion Fund, account No. 697-3961-000. Agend - REQUEST FOR COUNCIL CONSIDERATION ReportumbSection: 9.-. �^^�,;r a Report Numiser-. 93-643C yi:.....rrc� Report Date: 10/7/93 STAFFREPORT council Action: • :27?+ Special Order of Business CITY COUNCIL.MEETING DATE OCTOBER 11, 1993 Public Hearings C Consent Agenda Cc Council Business Item Description: Consideration of Bid Award for Construction of City Hall Expansion • Administrator's Review/Recommendation: . civri - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as tiec�ssary.) / l SUMMARY; • At 2 : 00 p.m. , on Wednesday, October 6, 1993 , the bid opening for the expansion of Mounds View City Hall took place in the Council Chambers. 13 contractors submitted bids and were present for the bid opening. Following is a list of bidders and their bid amounts. CONTRACTOR BASE BID • Socon Construction $445,800 KM Building $445, 000 Falls and Nyhusmoen $438, 896 ECI Building $428, 000 CM Construction $419, 750 United Contracting . $410, 000 Parkos Construction $409,700 Hunerberg Construction $409, 100 Morcon $406, 300 Riverwoods Development Disqualified Merrimac $404, 906 Gladstone Construction $394, 755 Mikkelson-Wulff $386, 679 References are being checked and will be reported on at Monday's meeting. 1/7;h1 Tim Cruikshank, Asst. to City Admin. • RECOMMENDATION: Award bid in the amount of $386, 679 for City Hall expansion to low bidder, Mikkelson-Wulff Construction, to be funded out of City Hall Expansion Fund, account No. 697-3961-000. ITEM 9.C. Agenda REQUEST FOR COUNCIL, CONSIDERATION Reportumber: ,STAFF REPORT Report Date: nif c"� Council Action: O Special Order of Business CITY COUNCIL MEETING DATE OCTOBER 11, 1993 • Public Hearings Q Consent Agenda ® Council Business Item Description: Consideration of Award to Contractor for Construction Management Services for City Hall Expansion - Info to be Handed Out Monday Evening i Administrator's Review/Recommendation: - No comments to supplement this report `ma, - Comments attached. 1 a Explanation/Summary (attach supplement she - as n• ssary.) 4UMMARY; • At the October 4, 1993 , City Council Worksession, it was decided to solicit proposals from contractor's to provide construction management services to oversee the construction phase of the City Hall expansion. The Request For Proposal for these services was sent to several vendors with a deadline of 4 : 00 p.m. , Friday, October 8, 1993 . Due to the time sensitivity of this project and the recent decision to not utilize the construction management services of the architect, there was not sufficient time to include this item in the packet. • The results of these proposals will be presented for the Council's consideration of award at the Monday, October 11, 1993, Regular City Council meeting. 101.'4 ea;tiatik Tim Cruikshank, Asst. to City Admin. RECOMMENDATION: 44WLSON-WULFF TEL No .6129333872 Oct 7 , 93 16 :38 No .005 P .02 _ j�4.6 — Mikkelson-Wulff Construction, Inc . • GENERAL CONTRACTORS 126 BLAKE ROAD NO., MINNEAPOLIS, MN 55343 (612)933-5668 FAX 933.3872 October 7, 1993 Bonestroo, Rosene, Anderlik and Associates 2335 West Trunk Hwy 36 St. Paul, MN 55113 • ATTN: MILT POKELL RE: MOUNDSVIEW CITY HALL ADDITION Dear Mr. Powell: It is with great regrets that we write this letter. However, in the final preparation of our bid for the City Hall addition, a calculation error of $8,966.00 was made. • (See the attached bid sheet) . Our bid should have been $395,645.00.. Based upon that substantiated error, it is our request that you allow Mikkelson-Wulff Construction, Inc. to withdraw thier bid, and return the attached bid bond without a forfeiture. Kindly review the above, and call this writer with any questions or concerns. Sincerely, MIKKELSOW-WIJLFF CONSTRUCTION, INC. Stanley R. Thom Sr. Project Manager Attachments • CC: Tim Cruikshank • SRT:bf COMMERCIAL•BONDED•LICENSED "Equal Opportunely Ernployor Al--el-e../ at-- RESOLUTION NO. 4433 CITY OF MOUNDS VIEW • COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ACCEPTING BID FOR CITY HALL ADDITION AND REMODELING CONTRACT WHEREAS, pursuant to an advertisement prepared for the remodeling and construction of an addition to City Hall, bids were received, opened and tabulated according to law, and the complying bids are summarized on the attached Exhibit A; and WHEREAS, it appears that Mikkelson-Wulff Construction, Inc. is the lowest responsible bidder; and WHEREAS, Mikkelson-Wulff Construction, Inc. has requested that it be allowed to withdraw its bid; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View as follows: 1. The request by Mikkelson-Wulff Construction, Inc. to withdraw its bid is denied; and • 2. The bid of Mikkelson-Wulff Construction, Inc. is accepted and the Mayor and City Administrator are authorized and directed to enter into a contract with Mikkelson-Wulff Construction, Inc. according to the plans and specifications approved by the City Council for the project; and 3. The City Administrator is authorized and directed to return to all bidders the deposits made with their bids, except the deposits of the lowest bidder and the next two lowest bidders shall be retained until a contract has been signed; and 4. In the event that Mikkelson-Wulff Construction, Inc. fails to execute a contract with the City in a timely manner, the Mayor and City Administrator are hereby authorized - a - .. .. = _ _ •.• . •• _ -•42 -• a- •••; ••••• submitted by Mikkelson-Wulff Construction, Inc. I Adopted this 11th day of October, 1993. ATTEST: �� •-. Mayor fSEAL City Administrator .. REQUEST FOR COUNCIL CONSIDERATION Agenda sewn: 1141, '•�^." Report Number. ylLiJ...YI� STAFF REPORT Report Date: • • -1 C Special Order of Business CITY COUNCIL MEETING DATE C Public Hearings C Consent Agenda C Council Business Item Description: Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) TTMP4JLRYZ To oversee the successful and proper construction of the City Hall expansion and renovation, construction management services are needed. A Request for Proposal was sent to several contractors soliciting these services based on 14 hours per week of construction administration, coordination, observation and inspection. We have received three responses. They came from: Watson/Forsberg Co. - $48. 00/hr Constructive Ideas - $80. 00/hr Langer Construction - $45. 00/hr IIINone of these companies have engineers or architects on staff. Should a need arise for consultation, these services would be additional. There are four options presented for Council consideration. . Option #1 - award to the low bidder of the three construction management companies. Option #2 - award to the low bidder of the three construction management companies and retain Bonestroo for architectural and engineering service on an as needed basis or authorize SEH to provide these services in the same capacity. . . Option' #3 - do not award to any of the construction manager companies and retain Bonestroo for the oversight of the construction. Option #4 - do not award to any of the construction manager companies and authorize SEH for the oversight of the construction. 7/(/ /OIL A ' / li Tim Cruikshank, Asst. to City Admin. 4110 RECOMMENDATION: . Authorize Mayor and City Administrator to execute contract for construction management services. None of the cost of these services shall exceed $12 , 000, to be funded out of account # 697-4121-303 . REQUEST FOR COUNCIL CONSIDERATION 1111110r Agenda 9.a r.rt Numbeo 93D 644C STAFF REPORT Report Date: 10-7-93 ern Council Action: 0 Special Order of Business CITY COUNCIL MEETING DATE OCTOBER 11, 1993 0 Public Hearings Q Consent Agenda E Council Business Item Description: Consideration of Authorization from Council for Mayor And City Administrator to Execute Contract with Bonestroo and Associates for Architectural Services Administrator's Review/Recommendation: / - No comments to supplement this report . . - Comments attached. Explanation/Summaty (attach supplement sh is as necess .) SUMMARY; Bonestroo and Associates, the architects for the City. Hall expansion project, have presented the City with their contract for services. The City Attorney and City Staff have reviewed the contents of the contract document and agree with the terms and conditions as outlined. . The cost for the architectural services is $22, 000. The services provided include preliminary cost projections of the project, preparing contract documents and plans and coordinating the bidding process for contractors. Bonestroo and Associates' services will conclude after the project has been awarded to the successful contractor. They will not provide construction management services such as inspections and overseeing the successful and proper completion of the project. RFP's have been solicited from other contractors for these services. A copy of the contract has been included for your .review. //, 'I e1/444/( Tim Cruikshank, Asst. to City Admin. • RECOMMENDATION: Staff seeks authorization from Council for Mayor and City Administrator to execute contract with Bonestroo and Associates for architectural services provided at a cost not to exceed $22, 000 from Account No. 697-4121-303 . s9 , , T H E AMERICAN INSTITUTE O F ARCHITECT S AIA DoCument B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION • THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the day of September in the year of Nineteen Hundred and Ninety-three BETWEEN the Owner: City of Mounds View (Mame and address) 2401 Highway 10 Mounds View, MN 55112 and the Architect: Bonestroo, Rosene, Anderlik & Associates, Inc. (Name and address) 2335 West Trunk Highway 36 St. Paul, MN 55113 For the following Project: (Include detailed description of Project, location,address and scope.) See Appendix "A" The Owner and Architect agree as set forth below. Copyright 1926,1948, 91953, 1963, �, ipdn 61987 Thc iornInstitute of Archittets, 1735 New York Avenue, DC.20006. Reroutiof the materialeren or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA• •©1967 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 8141-1987 1 • ' • TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT • ARTICLE 1 schedule or construction budget, the Architect shall prepare, ARCHITECT'S RESPONSIBIUT1ES for approval by the Owner,Design Development Documents consisting of drawings and other documents to fix and describe 1.1 ARCHITECT'S SERVICES the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such 1.1.1 The Architect's services consist of those services per- • other elements as may be appropriate. formed by the Architect,Architect's employees and Architect's 2.3.2 The Architect shall advise the Owner of any adjustments consultants as enumerated in Articles 2 and 3 of this Agreement to the preliminary estimate of Construction Cost. and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- 2.4 CONSTRUCTION DOCUMENTS PHASE tiously as is consistent with professional skill and care and the 2.4.1 Based on the approved Design Development Docu- orderly progress of the Work.Upon request of the Owner,the ments and any further adjustments in the scope or quality of Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be the Project or in the construction budget authorized by the adjusted as the Project proceeds,and shall include allowances Owner,the Architect shall prepare,for approval by the Owner, for periods of time required for the Owner's review and for Construction Documents consisting of Drawings and Speclfica approval of submissions by authorities having jurisdiction over tions setting forth in detail the requirements for the construe the Project. Time limits established by this schedule approved tan of the Project. by the Owner shall not,except for reasonable cause,be exceeded 2.4.2 The Architect shall Prepare by the Architect or Owner. the necessary bidding information, bidding forms, the Condi- 1.1.3 The services covered by this Agreement are subject to tions of the Contract,and the form of Agreement between the the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. SCOPE OF ARCHITECT'S BASIC SERVICES 2.4.4 The Architect shall prepare and file for the Owner 2.1 DEFINITION documents required for the approval of governmental authorities having jurisdiction 2.1.1 The Architect's Basic Services consist of those described over the Project. in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services,and include normal struc- 2.5 BIDDING OR NEGOTIATION PHASE tura!, mechanical and electrical engineering services. 2.5.1 The Architect, following the Owner's approval of the 2.2 SCHEMATIC DESIGN PHASE Construction Documents and of the latest preliminary estimate 2.2.1 The Architect shall review the program furnished by the of Construction Cost, shall assist the Owner in obtaining bids Owner to ascertain the requirements of the Project and shall or negotiated proposals and assist in awarding and preparing arrive at a mutual understanding of such requirements with the contracts for construction. Owner. 2.6 CONSTRUCTION PHASE—ADMINISTRATION 2.2.2 The Architect shall provide a preliminary evaluation of . OF THE CONSTRUCTION CONTRACT the Owner's program, schedule and construction budget requirements,each in terms of the other,subject to the limita- 2.6.1 The Architect's responsibility to provide Basic Services tions set forth in Subparagraph 5.2.I. for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates 2.2.3 The Architect shall review with the Owner alternative at the earlier of the issuance to the Owner of the final Certificate approaches to design and construction of the Project. for Payment or i 2.2.4 Based on the mutually agreed-upon program, schedule �` ' ' ` ' ' '�" " and construction budget requirements, the Architect shall +0•3.3• itufti i 4-t``of Py;ixr: i-- intoe. -1-he 6%i %r% fir, prepare, for approval by the Owner, Schematic Design Docu- ments consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area,volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, AIA DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA •01987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NV.,WASHINGTON,D.C.20006 8141-1987 2 •' 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights,responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDmONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner,including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes,laws or regulations subsequent to the preparation of such documents;or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including,but not limited to,size,qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction,except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings,Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent 3.1 GENERAL revisions to Drawings,Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 a; included in Basic Services unless so identified in Article 12,and they shall 3.3.5 Providing consultation concerning replacement of Work be paid for bythe Owner asprovided in this damaged by fire or other cause during construction, and fur- be Agreement, in addition to the compensation for Basic Services. The services nishing services required in connection with the replacement described under Paragraphs 3.2 and 3.4 shall only be provided of such Work. if authorized or confirmed in writing by the Owner.If services 3.3.6 Providing services made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor,by major defects or deficiencies in the Work of the 3.3-are-required due to circumstances beyond the Architect's Contractor,or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to corn- Contractor under the Contract for Construction. nicncing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive number of shall give prompt written notice to the Architect.If the Owner claims submitted by the Contractor or others in connection indicates in writing that all or part of such Contingent Addi- with the Work. tional Services are not required,the Architect shall have no obli- 3.3.8 Providing services in connection with a public hearing, gation to provide those services. arbitration proceeding or legal proceeding except where the 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. SERVICES 3.3.9 Preparing documents for alternate,separate or sequential 3.2.1 If more extensive representation at the site than is bids or providing services in connection with bidding,negotia- described in Subparagraph 2.6.5 is required,the Architect shall tion or construction prior to the completion of the Construe- provide one or more Project Representatives to assist in carry- tion Documents Phase. ing out such additional on-site responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives shall be selected,employed and directed by the Architect, and the Architect shall be compen- 3.4.1 Providing analyses of the Owner's needs and program- sated therefor as agreed by the Owner and Architect. The ming the requirements of the Project. duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial feasibility or other special studies. Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement,unless 3.4.3 Providing planning surveys, site evaluations or corn- otherwise agreed. parative studies of prospective sites. AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA• •©1987 THE-AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 6141-1987 4 3.4.4 Providing special surveys, environmental studies and 4.2 The Owner shall establish and update an overall budget for submissions required for approvals of governmental authorities the Project,including the Construction Cost,the Owner's other or others having jurisdiction over the Project. costs and reasonable contingencies related to all of these costs. 3.4.5 Providing services,relative to future facilities, systems 4.3 If requested by the Architect,the Owner shall furnish evi- ••j and equipment. dence that financial arrangements have been made to fulfill the 3.4.6 Providing services to investigate existing conditions or Owner's obligations under this Agreement. facilities or to make measured drawings thereof. 4A The Owner shall designate a representative authorized to 3.4.7 Providing services to verify the accuracy of drawings or act on the Owner's behalf with respect to the Project. The other information furnished by the Owner. Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderly separate contractors or by the Owner's own forces and coordi- and sequential progress of the Architect's services. nation of services required in connection with construction performed and equipment supplied by the Owner. 4.5 The Owner shall furnish surveys describing physical 3.4.9 _nviding services in connection with the work of a con- characteristics,legal limitations and utility locations for the site of the Project, and a written legal description of the site. The struct.: manager or separate consultants retained by the suryand legal information shall include, as applicable, Ownt grades and lines of streets, alleys, pavements and adjoining 3.4.t 'roviding detailed estimates of Construction Cost. property and structures; adjacent drainage; rights-of--way, restrictions, easements, encroachments, zoning, deed restric- 3.4.1 ' roviding detailed quantity surveys or inventories of lions, boundaries and contours of the site; locations, dimen- mater:', equipment and labor. sions and necessary data pertaining to existing buildings,other 3.4.12 Providing analyses of owning and operating costs. improvements and trees;and information concerning available utility services and lines, both public and private, above and 3.4.13 Providing interior design and other similar services below grade, including inverts and depths.All the information required for or in connection with the selection,procurement on the survey shall be referenced to a project benchmark. or in,.allation of furniture, furnishings and related equipment. 4.6 The Owner shall furnish the services of geotechnical engi- 3.4.14 Providing services for planning tenant or rental spaces. neers when such services are requested by the Architect.Such 3.4.15 Making investigations, inventories of materials or equip- services may include but are not limited to test borings, test ment,or valuations and detailed appraisals of existing facilities. pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials,ground corrosion and resis- 3.4.16 Preparing a set of reproducible record drawings show- tivity tests,including necessary operations for anticipating sub- ing significant changes in the Work made during construction soil conditions, with reports and appropriate professional based on marked-up prints,drawings and other data furnished recommendations. by the Contractor to the Architect. 4.6.1 The Owner shall furnish the services of other consul- 3.4.17 Providing assistance in the utilization of equipment or tants when such services are reasonably required by the scope systems such as testing,adjusting and balancing,preparation of of the Project and are requested by the Architect. operation and maintenance manuals, training personnel for operation and maintenance,and consultation during operation. 4.7 The Owner shall furnish structural,mechanical,chemical, 3.4.18 Providing services after issuance to the Owner of the air and water pollution tests,tests for hazardous materials,and other laboratory and environmental tests, inspections and final Certificate for Payment, or in the absence of a final Cer- reports required by law or the Contract Documents. tificate for Payment, until final payment is made to the Contractor. 4.8 The Owner shall furnish all legal,accounting and insurance 3.4.19 Providing services of consultants for other than archi counseling services as may be necessary at any time for the tectural, structural, mechanical and electrical engineering poi Project, including auditing services the Owner may require to tions of the Project provided as a part of Basic Services. verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money 3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner. this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 4.9 The services,information,surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in OWNER'S RESPONSIBILITIES the Project or nonconformance with the Contract Documents. 4.1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or certifications requirements for the Project, including a program which shall requested of the Architect or Architect's consultants shall be set forth the Owner's objectives,schedule,constraints and cri- submitted to the Architect for review and approval at least 14 teria, including space requirements and relationships, flexi- days prior to execution.The Owner shall not request certifica- bllity, expandability, special equipment, systems and site tions that would require knowledge or services beyond the requirements. scopeof this Agreement. AIA DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA •©1967 5 8141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 ARTICLE 5 .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3;or CONSTRUCTION COST .4 cooperate in revising the Project scope and quality as 5.1 DEFINITION required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, 5.1.1 The Construction Cost shall be the total cost or esti- the Architect,without additional charge,shall modify the Con- mated cost to the Owner of all elements of the Project designed tract Documents as necessary to comply with the fixed limit,if or specified by the Architect: established as a condition of this Agreement.The modification 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall be the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit. equipment designed, specified, selected or specially provided• The Architect shall be entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not traitor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced. ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, tri: Architect and Architect's consultants,the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 6.1 The Drawings, Specifications and other documents pre- 6.2 RESPONSIBILITY FOR CONSTRUCTION COST pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project 5.2.1 Evaluations of the Owner's Project budget,preliminary and,unless otherwise provided,the Architect shall be deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law, su-uction Cost, if any,prepared by the Architect, represent the statutory and other reserved rights, including the copyright. s:hitect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies,including repro- tine construction industry. It is recognized, however, that nei- ducible copies,of the Architect's Drawings,Specifications and then the Architect nor the Owner has control over the cost of other documents for Information and reference in connection labor, materials or equipment,over the Contractor's methods with the Owner's use and occupancy of the Project.The Archi- of determining bid prices,or over competitive bidding,market tect's Drawings,Specifications or other documents shall not be or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects,for additions to and does not warrant or represent that bids or negotiated prices this Project or for completion of this Project by others,unless will not vary from the Owner's Project budget or from any the Architect is adjudged to be in default under this Agreement, estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen- to by the Architect. sation to the Architect. 5.2.2 No fixed limit of Construction Cost shall be established 6.2 Submission or distribution of documents to meet official as a condition of this Agreement by the furnishing,proposal or regulatory requirements or for similar purposes in connection establishment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in deroga- been agreed upon in writing and signed by the parties hereto.If tion of the Architect's reserved rights. such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation,to determine what materials,equipment,corn- ponent systems and types of construction are to be included in • the Contract Documents, to make reasonable adjustments in ARTICLE 7 the scope of the Project and to include in the Contract Docu- ARBITRATION ments alternate bids to adjust the Construction Cost to the fixed • limit.Fixed limits,if any,shall be increased in the amount of an 7.1 Claims,disputes or other matters in question between the increase in the Contract Sum occurring after execution of the parties to this Agreement arising out of or relating to this Agree- Contract for Construction. ment or breach thereof shall be subject to and decided by arbi- 5.2.3 If the Bidding or Negotiation Phase has not commenced tration in accordance with the Construction Industry Arbitra- within 90 days after the Architect submits the Construction tion Rules of the American Arbitration Association currently in Documents to the Owner,any Project budget or fixed limit of effect unless the parties mutually agree otherwise. Construction Cost shall be adjusted to reflect changes in the 7.2 Demand for arbitration shall be filed in writing with the general level of prices in the construction industry between the other party to this Agreement and with the American Arbitra- date of submission of the Construction Documents to the tion Association.A demand for arbitration shall be made within Owner and the date on which proposals are sought. a reasonable time after the claim, dispute or other matter In 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- question has arisen.In no event shall the demand for arbitration vided in Subparagraph 5.2.3)is exceeded by the lowest bona be made after the date when institution of legal or equitable fide bid or negotiated proposal,the Owner shall: proceedings based on such claim, dispute or other matter in .1 give written approval of an increase in such fixed question would be barred by the applicable statutes of limitations. Ionil; 7.3 No arbitration arising out of or relating to this Agreement .2 authorize rebidding or renegotiating of the Project shall include,by consolidation,joinder or in any other manner, within a reasonable time; an additional person or entity not a party to this Agreement, AIA DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA •01987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 6 4 except by written consent containing a specific reference to ..• .-cent of the total compensation for Bas', . • this Agreement signed by the Owner,Architect,and any other Additio -• earned to date • ination person or entity sought to be joined. Consent to arbitration occurs during the i • 0.y :.mens Phase;or involving an additional person or entity shall not constitute .3 Five percent of • • compensa•. • . Basic and consent to arbitration of any claim, dispute or other matter in AddItio• - ices earned to date if t- i •, question not described in the written consent or with a person or entity not named or described therein.The foregoing agree- `` during any subsequent phase. ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance ARTICLE 9 with applicable law in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS 7.4 The award rendered by the arbitrator or arbitrators shall be • final,and judgment may be entered upon it in accordance with 9.1 Unless otherwise provided, this Agreement shall be Bov- a-•_,-• le law in any court having jurisdiction thereof. emed by the law of the State of Minnesota. 9.2 Terms in this Agreement shall have the same meaning as ARTICLE 8 those in AIA Document A201,General Conditions of the Con- tract for Construction,current as of the date of this Agreement. TERtINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the parties'to this Agreement pertaining to acts or failures to act shall be deemed to have 8.1 ':nis Agreement may be terminated by either party upon not less than seven days'written notice should the other party accrued and the applicable statutes of limitations shall corn fail substantially to perform in accordance with the terms of this mence to run not later than either the date of Substantial Com- Agr�eement through no fault of the party initiating the termination. pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for 8.2 If the Project is suspended by the Owner for more than 30 Payment for acts or failures to act occurring after Substantial consecutive days, the Architect shall be compensated for ser- Completion. vices performed prior to notice of such suspension. When the Project is resumed,the Architect's compensation shall be equi- 9.4 The Owner and Architect waive all rights against each adjustedprovideexpenses incurred in the interni other and against the contractors, consultants, agents and tably to for p tion and resumption of the Architect's services. employees of the other for damages,but only to the extent cov- ered by property insurance during construction, except such 8.3 This Agreement may be terminated by the Owner upon rights as they may have to the proceeds of such insurance as set not less than seven days' written notice to the Architect in the forth in the edition of AIA Document A201,General Conditions • event that the Project is permanently abandoned.If the Project of the Contract for Construction,current as of the date of this is abandoned by the Owner for more than 90 consecutive days, Agreement.The Owner and Architect each shall require similar the Architect may terminate this Agreement by giving written waivers from their contractors,consultants and agents. notice. 9.5 The Owner and Architect, respectively, bind themselves, 8.4 Failure of the Owner to make payments to the Architect in their partners, successors, assigns and legal representatives to accordance with this Agreement shall be considered substantial the other party to this Agreement and to the partners, succes- nonperformance and cause for termination. sons,assigns and legal representatives of such other party with 8.5 If the Owner fails to make payment when due the Archi- Arcrespect to all covenants of this Agreement.Neither Owner nor tect for services and expenses, the Architect may,upon seven sent of the shallhe otofassign this Agreement without the written con- _days'written notice to the Owner,suspend performance of ser- vices oher. under this Agreement. Unless payment in full is received 9.6 This Agreement represents the entire and integrated agree- by the Architect within seven days of the date of the-notice,the ment between the Owner and Architect and supersedes all suspension shall take effect without further notice.In the event prior negotiations, representations or agreements, either writ- of a suspension of services, the Architect shall have no liability ten or oral. This Agreement may be amended only by written to the Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. of such suspension of services. 9.7 Nothing contained in this Agreement shall create a contrac- 8.6 In the event of termination not the fault of the Architect, tual relationship with or a cause of action in favor of a third the Architect shall be compensated for services performed prior party against either the Owner or Architect. to termination,together with Reimbursable Expenses then due. -. ... _ 9.8 Unless otherwise provided in this Agreement,the Architect • Y-u and Architect's consultants shall have no responsibility for the •. , ination Expenses are in addition to compensa '•• discovery,presence,handling,removal or disposal of or expo- Basic and A •• ';•_ Services,and Include e. • which are sure of persons to hazardous materials in any form at the Project directly attributable to to '••. mination Expenses shall site, including but not limited to asbestos, asbestos products, be computed as a r: - ge of the t •- _••i nsation for polychlorinated biphenyl(PCB)or other toxic substances. Basic Sere'.= c Additional Services earned to the ti - -• ion,as follows: 9.9 The Architect shall have the right to include representa- tions of the design of the Project,including photographs of the 11V4k . rcent of the total compensation f ' exterior and interior, among the Architect's promotional and \ and • Additional ._- .. termination professional materials. The Architect's materials shall not occurs befo • -. ' g t e predesign,si e 1 . '.. . include the Owner's confidential or proprietary information if - a is Design Phases; or the Owner has previously advised the Architect in writing of 7 8141-1987 AIA DOCUMENT B141 .OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA' •©1967 THE AMERICAN INSTITUTE OF ARCHITECTS,1 735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 the specific information considered by the Owner to be confi- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dentia) or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and In the pro 10.3.1 An initial payment as set forth in Paragraph 11.1 is the L.,,,.. motional materials for the Project. minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and,where applicable,shall be in proportion to ser- ARTICLE 10 vices performed within each phase of service,on the basis set - • forth in Subparagraph 11.2.2. PAYMENTS TO THE ARCHITECT 10.3.3 If and to the extent that the time initially established in 10.1 DIRECT PERSONNEL EXPENSE Subparagraph11.5.1 of this Agreement Is exceeded or extended through no fault of the Architect, compensation for any ser- • 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additional period of time shall be • salaries of the Architect's personnel engaged on the Project and computed in the manner set forth in Subparagraph 11.3.2. • the portion of the cost of their mandatory and customary con- . 10.3.4 When compensation is based on a • tributions and benefits related thereto, such as employment Pe percentage ofet Con- taxes and other statutory employee benefits, insurance, sick struaion Cost and any portions of the Project are deleted or leav:, holidays, vacations, pensions and similar contributions otherwise not constructed,compensation for those portions of anti rrenefits.• the Project shall be payable to the extent services are per- formed on those portions,in accordance with the schedule set forth in Subparagraph 11.2.2,based on(1)the lowest bona fide • 10.2 REIMBURSABLE EXPENSES bid or negotiated proposal,or(2)if no such bid or proposal is. 10• .2 t Reimbursable Expenses are in addition to cornpensa received,the most recent preliminary estimate of Construction tion inr Basic and Additional Services and include expenses Cost or detailed estimate of Construction Cost for such por- incurred by the Architect and Architect's employees and con tions of the Project. sult.uits in the interest of the Project,as identified in the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL • ing Clauses. SERVICES 10 2.1.1 Expense of transportation in connection with the 10.4.1 Payments on account of the Architect's Additional l'luject; expenses in connection with authorized out-of-town Services and for Reimbursable Expenses shall be made monthly • travel; long-distance communications; and fees paid for secur- upon presentation of the Architect's statement of services ren- :- ing approval of authorities having jurisdiction over the Project. dered or expenses incurred. 10.2.1.2 Expense of reproductions, postage and handling of 10.5 PAYMENTS WITHHELD • Drawings,Specifications and other documents. • . _ 10.5.1 No deductions shall be made from the Architect's corn- .. 10.2.1.3 If authorized in advance by the Owner, expense of pensation on account of penalty, liquidated damages or other overtime work requiring higher than regular rates. sums withheld from payments to contractors,or on account of 10.2.1.4 Expense of renderings,models and mock-ups requested the cost of changes in the Work other than those for which the by the Owner. Architect has been found to be liable. • 10.2.1.5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and 10.6.1 Records of Reimbursable Expenses and expenses per Architect's consultants. taming to Additional Services and services performed on the • basis of a multiple of Direct Personnel Expense shall be avail- _._ 10.2.1.6_Expense of computer-aided design and drafting able to the Owner or the Owner's authorized representative at equipment time when used in connection with the Project. mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of NONE Dollars($ ) • shall be made upon execution of this Agreement and credited to the Owner's account at final payment. , - • 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES,as described in Article 2,and any other services included in Article 12 as part of Basic Services,Basic • .• Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples no percentages, and identify phases to u'bicb particular metbods of compensation apply, if . necessary.) - - .:. See Section 12 AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA• •©1987 • - THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 8141-1987 8 • 11.2.2 'Where compensation is based on a stipulated sum or percentage of Construction Cost,progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) - See Section 12 Schematic Design Phase: percent( %) • Design Development Phase: percent( %) Construction Documents Phase: percent( %) Bidding or Negotiation Phase: percent( %) • • Construction Phase: percent( %) Total Basic Compensation: one hundred percent(100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES • 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASiC SERVICES,as described in Paragraph 3.2,compensation shall be corn- . puled as follows: On an hourly basis, in accordance with Appendix "B". 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than(1)Additional Project Representation,as described in Paragraph 3.2,and(2)services included in Article 12 as part of Additional Services,but excluding ser- vices of consultants,compensation shall be computed as follows: • (Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees,and identify Principals and classify employees,•yees, if required. Identify specific services to wbicb particular methods of compensation apply,if necessary.) • On an hourly basis, in accordance with Appendix "B". • 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of ( 1. 1 )times the amounts billed to the Architect for such services. • (Identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES,as described in Paragraph 10.2,and any other items Included in Article 12 as Reimbursable • Expenses,a multiple of ( 1.0 )times the expenses incurred by the Architect,the Architect's employees and consultants In the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within six ( 6 )months of the date hereof,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid thirty ( 30 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. • (Insert rate of interest agreed upon.) 10 percent per annum. (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Arch,- .• tea's principal places of business, the location of the Protect and elsewhere may affea the validity of this provision.Specific legal advice should be obtained with . respect to deletions or modifications,and also regarding requirements suds as written disclosures or waivers.) 9 8141-1987 AM DOCUMENT Btgi •OWNER•ARCt11TECT AGREEMENT•FOURTEENTH EDITION•AIA. •01907 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 ar 11.5.3 The rates and multiples set forth for Additional Services shall be effective until March 31, 1994 and, thereafter, adjust in accordance with normal salary review practices of the Architect. • ARTICLE 12 OTHER CONDITIONS OR SERVICES • (insert descriptions (tber services,identify Additional Services included within Baste Compensation and modifications to the payment and compensation terms • included in Ibis ARreemend.) • See page 11. • • • • • • • • • • This Agreement entered into as of the day and year first written above, OWNER CITY OF MOUNDS VIEW ARCHITECT BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. • (Signature) (Signat)1194/11 • . Marvin L. Sorvala, President (Printed name and title) (Printed name and title) • AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA •01987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 10 Article 12 12.1 Scope of Architect's Services 12.1.1 The Architect is responsible for meeting only written Owner instructions, written design and construction criteria, written review comments, and written contract modifications; the Owner's Building Code; and the Owner's Zoning Ordinance. The Owner must notify the Architect in writing at the beginning of the Project of any other Owner requirements or regulations that apply to the Project. 12.1.2 Schematic Design Documents are not part of the Contract. The Owner has provided the building floor plan as shown on attached Exhibit 1. The Architect will base Design - Development on this sketch. We understand the Owner has reviewed the floor plan with the Building Inspector and that the Owner's floor plan meets all aspects of the building code. 12.1.3 Before proceeding to the succeeding phase of Basic Services, the Owner's written approval is required at: 1) Acceptance of Design Development Package 2) Acceptance of Final Plans and Specifications for Construction Documents Phase 12.1.4 During the phases of Basic Services identified in Sections 2.2 through 2.5, called "Design", Architect shall make not more than the following site visits for meetings with the Owner: 1) Design Development Phase 2 visits 2) Construction Documents Phase 2 visits 3) Bidding or Negotiation Phase 1 visit 12.2 Compensation . . or :asic ervices consis mg o lose a escrie. in ec ions roug ". ("Design"), Owner shall pay Architect the stipulated sum of ,:::. This is based on the floor plan as shown on Exhibit 1 plus the basement restrooms. Moveable partitions and furnishings are not part of the design. 12.2.2 The Design fee shall be divided among the phases for Basic Services as follows: Basic Services Phase Portion of Design Fee Design Development 30% Construction Documents . . . . . . . . . . . . . . . . 63% Bidding or Negotiation 7% TOTAL 100% gen/AIA/ 11 3 12.2.3 During the Construction Phase, the Architect will be availablefor consultation with the Owner or the Owner's Representatives for purposes of clarification, interpretation or modification of Construction Documents. Compensation for these is included as part of Basic Services set forth in Section 12.2. 1. 12.2.4 At the Owner's request, Architect will make site visits during Design in addition to those noted in Section 12.1 for payment on an hourly basis, plus reimbursable expenses. 12.3 Omissions by Architect Omissions by Architect in the Owner-approved Construction Documents may require additions or changes to the Project and/or the Construction Documents during construction. Solutions to address such omissions not governed by Section 3.3 will be negotiated with the Contractor as Change Orders for approval by the Owner. The construction cost of these Change Orders, whether or not components of the Contractor's original bid, shall be paid by the Owner and not by the Architect. Architect's sole liability to the Owner for omissions shall be to prepare Change Orders as a part of Basic Services and not as Additional Services. )1( 12.4 Insurance The Architect agrees to maintain professional liability insurance with an insurance company in good standing, insuring payment of damage for legal liability arising out of the performance of professional services for the Owner, in the insured's capacity as Architect, if such legal liability is caused by error, omission, or negligent act of the insured or of any person of organization for whom the insured is legally liable and responsible, in the sum of not less than $1,000,000 annual aggregate, on a claims-made basis, as long as such insurance is reasonably available under standard policies at rates comparable to those currently in effect. Such insurance cannot be cancelled until thirty days after th Owner has received written notice of the insured's intention to cancel the insurance. tf 12.5 Indemnification To the extent permitted by law, the Architect shall indemnify and hold harmless the Owner an. 1 o-:cia s an. emp oyees rom . , . . i ._- , . - , . - .- I - , which the Owner may suffer or for which it may be held liable arising out of or resulting from the assertion of any claims, debts, or obligations as a result of the alleged negligent performance or lack of performance of the Architect's obligation under this agreement, provided that the alleged negligent performance or lack of performance is solely that of the Architect and no other person. )1 .To the extent permitted by law, the Owner shall indemnify and hold harmless the Architect and its agents and employees from and against all claims, damages, losses, or expenses, which the Architect may suffer or for which it may be held liable arising out of or resulting from the assertion of any claims, debts, or obligations as a result of the alleged negligent performance or lack of performance of the Owner's obligation under this agreement, provided that the alleged negligent performance or lack of performance is solely that of the Owner and no other person. gen/AW 12 � . Appendix "A" Scope of Project 1. Project Title City Hall Addition and Remodeling 2. Project Location At Owner's existing City Hall, 2401 Highway 10, Mounds View 3. Project Function City Hall 4. Building Size Approximately 3760 square feet one-story building addition to existing City Hall 5. Preliminary Opinion of Probable Construction Cost Base bid $393,000 not including utilities and site work beyond five feet past the building perimeter. Selected options of basement restrooms and windows in existing walls adds $25,000. Owner should establish an allowance of up to 3-5 percent of the construction cost of the Project for Change Order additions to the work during construction. 6. Major Materials of Construction Brick facing on concrete block frame. 7. Architectural Program Components Building components are illustrated on a preliminary floor plan sketch provided to the Architect by the Owner and include: 1) Office addition for administration and parks department 2) Garage addition 3) Remodel existing water treatment plant space for police department 4) Remodel existing garage space for evidence room and conference room 5) Upgrade existing police department space 6) Add restrooms in basement 7) Add proposed windows as shown on plan 8) Add cabinets in old file room near south stairwell gen/AIA/ 13 8. Site Work and Utilities All required site improvements--grading, drainage, utilities, access roads, parking, and landscaping--are not included as part of the Project. The Owner will provide these improvements under separate contract(s). gen/AIA/ 14 REQUEST FOR COUNCIL CO 't5 ER.ATIONIf Anda e�ca: 9.E. .�.� .soar:Yuy^,er. 93-645C STAFF REPORT �.epor Date: 10�-7-93 Counni mon: Saecai Order of Business � OCTOBER 11 1993 7. P'=Diic Eeariags C�*�_•*:r COL'�i tC�.�TTiYG DATA,' ;_, Consent Agenda Council Business Item Description: Consideration of Resolution No. 4427 Approving a Charitable Gambling License for a One-Day, Off-Site Lawful Gambling Permit for the St. Paul Chan Club, In . _ Admuustrazor s Review/Racomniendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheers as necessary.) SUMMARY; • The St. Paul Clown Club, Inc. has made application to the City of Mounds View to hold a one-day, off-site lawful gambling event consisting of bingo and pull tabs at the Bel-Rae Ballroom. All necessary paperwork has been filed with the City of Mounds View. This event will take place on April 22 , 1994. If the application is approved or denied, the City is still required to submit a resolution to the Gambling Control Board within 30 days of the date the application was received by the City. This application was received October 6, 1993 . / / /, / , i Michel Severson, Administration Secretary RESOLUTION NO. 4427 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CHARITABLE GAMBLING LICENSE FOR A ONE-DAY, OFF-SITE LAWFUL GAMBLING PERMIT FOR THE ST. PAUL CLOWN CLUB, INC. WHEREAS, the St. Paul Clown Club, Inc. has submitted an application to the City, of Mounds View for a one-day, off-site lawful gambling permit; and WHEREAS, the St. Paul Clown Club, Inc. has requested to hold this event at the Bel-Rae Ballroom, 5394 Edgewood Drive, in the City of Mounds View on April 22, 1994; and WHEREAS, the St. Paul Clown Club, Inc. will conduct bingo and pull tabs; and WHEREAS, all paperwork regarding this event and application has been properly filed with the City of Mounds View. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View that the St. Paul Clown Club, Inc. is approved to hold a one-day, off-site bingo/pull tab event in the City of Mounds View at the Bel-Rae Ballroom on April 22 , 1994 . Adopted this 11th day of October, 1993 . ATTEST: Mayor (SEAL) City Administrator Minnesota Lawful Gambling FOR BOARD USE ONLY CHK LGr2o Application for Authorization for NST DATE T" " ' Exemption from Lawful Gambling License Fill in the unshaded portions of this application for exemption and send it in at least 45 days before your gambling activity for processing. Name and Address of Organization: / Organization Name Current/previous license number Current/previous exempt number s st .Paul clown Club Inc. X-03908 7507922 Street City State Zip code County 1124 N T,raxi ngtnn PKV fit Paul Mn 551 03 Pamsev Chief Executive Officer Daytime Phone Number Treasurer Daytime Phone Number ,yn_G Freiermuth ( 61h 489 3534 John Affeldt 612) 6310614 Type of Non=profit Organization Check the box that indicates your proof of nonprofit Check the box below which indicates your type of organization status and attach a copy of the proof to the application. ❑ Fraternal ❑ IRS designation ❑ Veterans it Certification of good standing from the Minnesota ❑ Religious Secretary of State's office X q Other non-profit ❑ Affiliate of parent nonprofit organization(charter) Gambling Site Name of site where activity will take place Bel Rae Ballroom nr}sctv - Street City'` Township State Zip code County 5394Fdgf wood Dr. Moundsview MN 55112 Ramsey Date(s)of a vity(for raffles,Indicate the date of the drawing) April 22/1994 Types of Games < • Financial Report Market value of Prtzes Expenses,Including (Including:Donations Game(s) Gross•Receipts= Cost:of Prizes Net Profit and:cash) Bingo ❑ $ .22-a.ao $ 225: oa. Raffles C Paddlewheels ❑ Tipboards ❑ Pull-tabs G� I declare all information submitted to the Distrbutor from whom gambling equipment was purchased Gambling Control Board is true, accurate, Olaf butorslicense number and complete. I:declare-all-financial:information submitted to..the Gambling Control Boardis true.accurate,:and complete 4 i '0 - . .. „ . . ... . . ...... ..... ... .............. .. . ............... . ... ,. , . ,,,..,s,...:4,t;/-,,,,,/R3 ,,:::,;,,,v,::::,,,,,-,::;:;,::,,,--•.,,,.,::::.;,,,i,,,:::,,,,:;,,,,--::::.::,!,,,,:::::',:::::,,.:,,,,,-0,! :;-:-„:-:!:A--,,,,E, ,,!,,,:;-:.,-:;,--,-.,::•,-,,,,,,,,,,,,,::!,in,..:,-,-:;,:::i,,,,,::,-,:ii,:,:,,i,::, Chief Executi e Officer's Signature Date Chief Executive:Officer's:Signature ,:Date :l=ocal`U it of Government.Acknowedgment I have received a copy of this application. This application will be reviewed by the Gambling Control Board and will become effective 30 days from the date of receipt by the city or county,unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Township Township is City of cob name Township name ❑organized I ,r �r"..) ❑ unorganized' Signature ..�receivi application Signature of person receiving application ❑ unincorporated* �r - *Attach letter Title' / Date receivedTitleTitle Date Received le t�///G* ;� i�I G l a-6 -{y�J This form will be made available Mail with $25 permit fee and copy of White-Original in alternative format(i.e. large proof of nonprofit status to: Yellow-Board returns to print, braille) upon request. Gambling Control Board Organization to complete 1711 W. County Rd. B, Ste. 300 S. shaded areas Roseville, MN 55113 ._ems.. ` .r'.• :x -r�� ae. ':>•• i`{r}'' ''{tip ♦. - .f 'rit�•:' b .4•• 'rY n �'Y1t 4S•• .•r n •s •n••r• 7 .,.;� .,.%tM1 .,;fit "i �:"� � �S•} 'ff 441; .ff .�%. .1,J-.. t r • r ••i ri♦..};r :Yr•i .YS;�� •'.r5 ,.l•,r '•'� � tt r 1 "�j t t.}�r•. � to I• ,1;t ♦ t �' t tt � �Y ♦ ,,y,1♦ � �'S I � Apt �.. �'�'�5 •��a{y��`. a e_ ..5. t _ it ,,Mt.. 15 u . •,u°. . 1 '. .1.. ' I S - ,t-.;:. t t •.�..:; � i 7. J� ••J •.e .(,t J.It i na bt�. Yf' � y a .. . ti? -t i Ir__.I,.u.__;n.n'__:u,.n..n4:.rr�__,It•:n.__.rfatl__.n:,il.c_.rr.11l.c_.n..0,e_.n,fii.±•n:•7r__11'.It1.._n.,tL__n�h.__.fi:.lr__m;11:_:uait_.-n.:n__.ri,.it__.I„it c7 u,ar--.if:.iP.__et:.irf;.ilLli__.rl.0_.nt'•u.__.rf:ii,_ Ir Ih�.lb•��'� 404; i _ to of Minn es of a � . e: SECRETARY OF STATE G't' _ ::7 _ � i - Certificate of Good Standing Y`' '' t•-,..t.: ,ni N I, Joan Anderson Growe, Secretary of State of Minnesota, do . j kt t4,�.-- certify that: The corporation listed below is a corporation Fr'-':'':.,,: ;S formed under the laws of Minnesota; that the corporation was <. '"'�`'�'�` formed by the filing of Articles of Incorporation with the o tit - Office of the Secretary of State on the date listed below; that u 4 ;;, the corporation is governed by the chapter of Minnesota Statutes % i''''.- if-7- .g.,... -,-1 ; :.:t O t ..r listed below; and that this corporation is authorized to do = . ` business as a corporation at the time this certificate is „:. ., issued. % i ~-`--• Name: Saint Paul Clown Club Inc. (•<::: Date Formed: 03/20/1950 , :�s�• P.:.*- : Chapter Governed By: 317A -0- , -r - This certificate has been issued on 10/04/93 . _ - - :*. Q.j, 'ti'z} r A _ '` 'er , _ r qN!'�yTn - Y: CCC�'•t r 1. 44 +.'fir :rr1. Secretary of State. 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REQUEST FOR COUNCIL CONSIDERATION ?.r�enaa Section: 9.F. nif "'~--- Senor::lumber. 93-646C Report Daze: s� STAFFREPORT C�uncl mon: 10-7-93 0. Specal Order of Business CITY COUNCIL.FETING DATE OCTOBER 11, 1993 0 P'blic Hearings 0 Consent Agenda Zg Council Business Item Description: Consideration of Utility Construction and Use Agreement Between Mounds View- Arden Hills - Minnesota Dept. of Administration - Minnesota Dept. of Administration Facilities on County Pod I Administrator's ReviewiRecommendation: • - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) TTMMARY; • Last year the State of Minnesota approached the City of Mounds .View with a request to extend public water utilities from a Mounds View water main to the State owned property east of 35W and County Road J. The intended use is for the Driver's Testing Center and the State's Government Surplus Center. The cost of the extension would be born entirely by the State of Minnesota. The City of Mounds View would sell its water to the State. The preliminary discussions were held this Spring with agreement from the Council (at a Work Session) that the action would be beneficial to the City of Mounds View. State law does not require a formal agreement in cases such as this, the only requirement is that the city providing the 'water and the main source inform the "jurisdictional" city (Arden Hills) that the connection will be made. This was done in the Spring. However, in order to assure both cities that the State is performing as agreed upon informally, the attached Agreement has been drafted jointly by the attorneys of both cities and addresses the concerns of Arden Hills that, at some future time, the State (if funding is received) connect to Arden Hills water source. Also, they want to be notified on a yearly basis of how much water the State is purchasing from Mounds View. The agreement further protects both cities from construction liabilities and provides for , appropriate compliance regulations. Arden Hills has approved the Agreement and our City Attorney has signed off on the Agreement. Samantha Orduno, City dministrator (-- . RECOMMENDATION: Motion to approve the Agreement and authorize the Mayor and the City Administrator to execute said Agreement on behalf of the City of Mounds View. UTILITY CONSTRUCTION AND USE AGREEMENT MOUNDS VIEW-ARDEN HILLS-MINNESOTA DEPARTMENT OF ADMINISTRATION MINNESOTA DEPARTMENT OF ADMINISTRATION FACILITIES ON COUNTY ROAD I PARTIES This Agreement is made and entered into this day of , 1993, by and between the City of Mounds View, a statutory city under the laws of the State of Minnesota (herein "Mounds View" ) ; the City of Arden Hills, a statutory city under the laws of the State of Minnesota (herein "Arden Hills" ) ; and the Minnesota Department of Administration for the State of Minnesota (herein "State" ) . RECITALS State owns certain property within Arden Hills (herein the "State Property" ) . It is currently more economical to extend public water utilities to the State Property from existing water mains located within Mounds View than to have such mains extended from existing locations within Arden Hills. The current location of public water mains in Mounds View and the State Property located in Arden .Hills are illustrated on Exhibit A attached. The connection from the existing Mounds View water main to the State site shall be referred to herein as the "Public Water Facilities" . CONSENT Arden Hills consents to the extension of the Public Water Facilities from the Mounds View water utility to the State Property pursuant to the terms and conditions of this Agreement. TERMS AND CONDITIONS In consideration of the mutual undertakings herein expressed, the parties agree as follows: • 1. CONSTRUCTION OF PUBLIC WATER FACILITIES AND INSTALLATION OF WATER METERS. State, at its cost, shall extend and construct Public Watcr Facilities from approximately the intersection of I-35W and County Road I within Mounds View to the State Property located approximately at the Southeast quadrant of County Road I and Cleveland Avenues within the corporate limits of Arden Hills and, in addition, at its cost, shall purchase and install water meters as required by the Mounds View engineer, which • meters shall, thereafter, become the property of Mounds View. Such construction shall be according to plans and specifications approved by the Mounds View engineer. All permits required in order to construct such Public Water Facilities shall be obtained by State. 2. CONSTRUCTION "AS BUILT . SURVEYS" . Upon completion of construction, State shall provide Mounds View and Arden Hills with construction "as built surveys" containing and properly illustrating all information required by the Mounds View and Arden Hills engineers. Such construction "as built surveys" shall be attached as Exhibit A upon availability. 3. INSPECTION. The Mounds View engineer, or its designated representative, shall be allowed to inspect the Public Water Facilities at reasonable times during the period of construction and thereafter upon twenty-four (24) hours written notice to State. 4. RESTORATION, MAINTENANCE AND REPAIR. State, at its cost, shall restore, to the satisfaction of the appropriate public body, all right-of-way utilized during the period of construction. State shall maintain the Public Water Facilities in good working order. 5. PERMITTED CONNECTIONS. Only those buildings located on the State Property as of the date of this Agreement shall be allowed to connect to the Public Water Facilities unless written permission for additional connections is given by the Mounds View and Arden Hills engineers. 6 . CONNECTION AND USER CHARGES. Prior to connection of buildings to the Public Water Facilities, State shall pay to Mounds View all connection and user charges required by the Mounds View engineer. An estimate of such charges, signed and dated by the Mounds View engineer and a State representative, containing the agreed upon charges and method of payment for such charges, is attached as Exhibit "B" . Mounds View shall bill the State and the State shall pay to Mounds View connection and user charges as incurred by the State. 7. RECORD OF USE. MoundsViewshall provide Arden Hills with an annual record of the volume of water used by the State in each calendar year. 8 . CHANGES IN PROPERTY USE OR ZONING. State shall notify Arden Hills and Mounds View of any changes in the zoning or use of the State Property which will affect the connection charges and use charges imposed by this Agreement. 9 . COMPLIANCE WITH MOUNDS VIEW REGULATIONS. State hereby agrees to comply with all Mounds View regulations relating to the use, operation, inspection or repair of the Public Water Facilities. 10. WAIVER OF CLAIM AND RESERVATION OF RIGHT. State agrees to waive any claims against Mounds View and Arden Hills arising from the construction, use, or any malfunction of the Public Water Facilities, except to the extent that such claims arise from the negligence or otherwise wrongful act or omission of Mounds View or Arden Hills. By entering into this Agreement, the State does not waive any of its rights, privileges or immunities. 11. INSURANCE AND PERFORMANCE BOND. Prior to construction of the Public Water Facilities, State shall require that its contractor provide Mounds View and Arden Hills with an insurance certificate, acceptable to each City' s attorney which shall indicate as a minimum: • 11 . 1 That Mounds View and Arden Hills have been named as additional insured parties on the State contractor' s policy. 11. 2 That State ' s contractor will have, in force, during construction, the following minimum insurance coverages for Public Bodily Injury and Property Damage: a. Public Bodily Injury: $250,000 for each person $600, 000 total injuries for one occurrence. b. Property Damage: $100, 000 for one occurrence $200,000 total damages during policy period $100,000 automobile damage for each occurrence. 11.3 That the insurance policies may not be terminated without at least 10 days written notice to insured parties. 11 .4 State shall provide Mounds View and Arden Hills with copies of its Contractor' s Payment and Performance Bond. 12. REMEDIES. The remedies for violation of any of the terms of this Agreement are as follows: 12. 1 All parties preserve legal and equitable remedies that may be available to them. 12.2 Any party may seek to terminate this Agreement pursuant to the provisions of Section 15 herein. 13. AVAILABILITY OF ARDEN HILLS FACILITIES. If after State has amortized the costs of this project; or, after ten ( 10) years from the date hereof, whichever occurs sooner, Arden Hills extends its own water utility system so that it is adjacent to the State Property, the State will request that the legislature provide funding to connect, at the State' s cost, to the Arden Hills water utility system. Arden Hills shall provide State with reasonable advance notice of its intent to extend its water utility system to serve the State Property. When Arden Hills extends its water utility system adjacent to the State Property and the legislature provides funding to connect to the Arden Hills system, the State shall submit plans for the disconnection and new connection for the approval of the engineers for Mounds View and Arden Hills respectively. Upon connection to the Arden Hills water • utility system, the State shall comply with all regulations and charges relating to use of the Arden Hills water utility system. 14. EFFECTIVE DATE. This Agreement shall become effective upon its execution by each of the parties. Each party shall provide the other parties with a certified copy of the party' s action authorizing execution of the Agreement. This Agreement shall continue until terminated as hereinafter provided. 15. TERMINATION. This Agreement may be terminated under the following circumstances and pursuant to the following procedures: 15. 1 If the State violates the terms of this Agreement and such violation is not corrected or resolved within ten ( 10) working days after the State receives written notice of such violation from Mounds View, Mounds View may notify the State of its intent to terminate the Agreement within thirty (30) days of such termination notice. Prior to the expiration of said thirty (30) day notice period, the State may seek judicial review of the proposed termination. Mounds View shall not disconnect the State Property from its water utility system until • ' • ' ' - - - decision has been issued by the Court. The State ' s payment obligation shall continue up to the date of disconnection from the Mounds View water utility system. 15.2 The State may terminate this Agreement by providing thirty (30) days written notice to Mounds View and Arden Hills that it intends to disconnect from the Mounds View water utility system. The State shall disconnect at its own cost and in accordance with the directions of the Mound View engineer. State' s payment obligation shall continue up to and including the date of disconnection. 15.3 If Arden Hills extends its water utility system so that it is adjacent to the State Property; and, either the State fails to request funding from the legislature to connect to the Arden Hills system within one ( 1 ) year of such extension, or the State receives funding from the legislature but fails to connect to the Arden Hills system within one ( 1 ) year of such extension, Arden Hills may terminate this Agreement by providing thirty (30) days written notice to Mounds View and the State. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed. • CITY OF MOUNDS VIEW Dated: By: Jerry Linke Its: Mayor Dated: By: Samantha Orduno Its: City Administrator Pursuant to authority granted by its City Council on the day of 19 APPROVED AS TO FORM: Attorney for Mounds View CITY OF RDEN HILLS Dated: By: 1 Thomas Sather Its: Mayor Dated: By: /e1r6 // Ggq2J-- Dorothy7'erson Its: City A.- inistrator Pursuant to authority granted by its City Council on the day of 19 APPROVED AS TO FORM: Jerome P. Filla Attorney for City of Arden Hills MINNESOTA DEPARTMENT OF ADMINISTRATION Dated: By: Robert A. Schroeder Its: Acting Commissioner APPROVED AS TO FORM AND EXECUTION: Assistant Attorney General Attorney for the Minnesota Department of Administration b/j/mndot.agr 8/9/93 Agenda gi : 9.H• ''"� "aEQUEST FOR COUNCIL CONSUMMATION' Raw=Number: 93-648C STAFF REPORT Report Date: 10-7-93 Councl mon: 0 Soecal Order of Business CITY COUNCIL.FETING DATE OCTOBER 11, 1993 PtIblic Hearings ConsentAgenaa CC Council Business • Item Description: Consideration of Resolution No. 4431 Approving the Amended Joint Powers Agreement for Construction and Operation of the Fire Training Site Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached- E:cplanation/Summary (attach supplement sheets as necessary.) TT?YOVWARY; This item was tabled at the September 13th Council meeting in order to obtain additional information regarding the training facility. Chief Ron Fagerstrom will be in attendance at the meeting on October 11th to update the Council on the plans and construction schedule for the joint Fire Training Facility. The attached resolution merely amends the Joint Powers Agreement to remove the City of Columbia Heights from the Agreement, reduce the contributing amount of the remaining cities and provide for a unanimous agreement of all participating cities on any future amendments. Sa :ntha duno, Ci y Administrator • RECOMMENDATION: Motion to waive the reading and approve Resolution No. 4431 Amending the Joint Powers Agreement for Construction and Operation of Fire Training Site • I RESOLUTION NO. 4431 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AMENDING THE JOINT POWERS AGREEMENT FOR CONSTRUCTION AND OPERATION OF FIRE TRAINING SITE WHEREAS, the parties of Fridley, Brooklyn Center, Spring Lake Park, Blaine and Mounds View had entered into an agreement titled "Joint Powers Agreement - Fire Training Association", a copy of which is attached hereto; and WHEREAS, the only expenditure of funds to date pursuant to said agreement has been by the City of Fridley; and WHEREAS, a. party to the agreement, the City of Columbia Heights, has given written notice to the other parties via letter dated August 10, 1992 that it no longer wishes to participate in the agreement; and WHEREAS, the remaining parties desire to amend said agreement in order to continue the project of constructing and operating a fire training site. NOW, THEREFORE, BE IT RESOLVED, the undersigned party agrees to the following modifications of the agreement: 1. Deletion of Columbia Heights: Delete from the "Joint Powers Agreement - Fire Training Association" (copy attached, and hereafter called the AGREEMENT) , the City of Columbia Heights, wherever that name appears, and change the number of "member departments" from four to three. wherever stated. The undersigned hereby acknowledge receipt of a termination notice from the City of Columbia Heights by letter dated August 10, 1992 from its attorney Greggory J. Woods, and accept the termination in accordance with paragraph 16 of the AGREEMENT. There exists no claim against Columbia Heights for proportionate share of initial construction costs or operating costs. 2 . Initial Construction: The "initial construction costs" identified in paragraph 6 of the AGREEMENT shall be changed to $150, 000, it being understood that the parties may later increase this amount if additional contributions are approved by the parties' respective governing bodies. 3 . Operating Budget: The statement in paragraph 7 of the AGREEMENT citing the 1991 Operating Budget is deleted. 4 . Amendment: The AGREEMENT amendment procedure shall require unanimous approval of the parties, in lieu of majority approval, reflecting the existence of three rather than four parties. RESOLUTION NO. 4431 PAGE TWO OF TWO Adopted this 11th day of October, 1993 . ATTEST: Mayor (SEAL) City Administrator JOINT POWERS AGREEMENT FIRE TRAINING ASSOCIATION THIS AGREEMENT made by and between the City of Fridley ( "Fridley" ) , the City of Columbia Heights ( "Columbia Heights" ) , the City of Brooklyn Center ( "Brooklyn Center" ) , the. City of Spring Lake Park ( "Spring Lake Park" ) , the City of Blaine ( "Blaine" ) , and the City of Mounds View ( "Mounds View" ) , each being a Minnesota municipal corporation , which together shall • form the Fire Training Association ( the "Association" ) . WHEREAS, each party to this Agreement desires a facility to train members of its fire department; and WHEREAS , it is more economical for the parties of this Agreement to jointly and collectively construct, use, and maintain a fire training facility rather than each party constructing and maintaining its own facility; and WHEREAS , Fridley, Columbia Heights , Brooklyn Center, Spring Lake Park, Blaine, and Mounds View are authorized to enter into an Agreement for the joint and cooperative exercise of powers common to them pursuant to Minnesota Statutes 471. 59 et seq. ; and WHEREAS , the cities of Spring Lake Park, Blaine and Mounds View are provided fire protection services by the Spring Lake Park Fire Department, Inc. , a Minnesota non-profit corporation; NOW, THEREFORE, the undersigned governmental units and the Association in the joint and mutual exercise of their powers agree to jointly construct and maintain a fire training facility in accordance with the following terms: • 1. The Fire Training Association shall consist of four member departments. For purposes of this Agreement, Spring Lake Park, Blaine and Mounds View shall be collectively considered one Member and have one representative on the Chiefs ' Board. Spring Lake Park, Blaine and Mounds View appoint the Spring Lake Park Fire Department, Inc. as their agent, which together with the cities of Fridley, Columbia Heights , and Brooklyn Center shall be known as the ( "Member Departments" ) . 2 . Term: The term of this Agreement shall be perpetual until only one Member Department remains . 3 . Fire Training Facility. The training facility shall consist of a training tower and burn room and other elements of training as determined and recommended by an Operations Committee (Paragraph 14 hereof ) and approved by the Chiefs ' Board. 4 . Facility Site. The facility shall be constructed on property owned by the City of Fridley and located at 348 - 71st Avenue N.E. , Fridley, Minnesota. The Member Departments and the City of Fridley hereby agree to execute a twenty-five ( 25) year lease of the property consideration of the payment of $25 for the lease term. 5 . Ownership. Ownership of the facility, excluding land, shall be jointly held by the Association. -2- 6 . Initial Construction. Initial construction costs are 'projected to be $200 , 000 , which shall be shared equally by the members . The initial construction costs shall not exceed $200 , 000 .00 without prior approval of each Member Department ' s City .Council. Each Member Department shall pay its cost allocation for the facility construction pursuant to the payment schedule unanimously approved by the Chiefs ' Board. • 7 . Operating Agent. The operating agent shall have authority, - on behalf of the Association, to pay costs authorized under the Operating Budget for the training site , and any additional expenses unanimously approved by the Chiefs ' Board. An annual Operating Budget shall be forecast in the second quarter of each year for the following year ' s operation of the site. The 1991 Operating Budget is projected to be $6 , 000 . The City of Fridley is appointed as the initial operating agent. The Chiefs ' Board shall have the authority to name an alternate department to take on this responsibility as it deems necessary. The Chiefs ' Board is specifically empowered to set a limit on the yearly operating costs . Failure of a Member Department to pay its proportional share of the yearly operating costs, or additional expenses unanimously approved by the Chiefs ' Board, shall be grounds for removal of that Department upon the sole discretion of a majority vote of the Chiefs ' Board. -3- 8 . Agent for Construction. The Member, Departments specifically authorize the City of Fridley to act as the Agent for Construction of the facility on their behalf . The Agent for Construction is empowered to commission designs for the facility according to the specifications approved by the Chiefs ' Board. Following approval by the Chiefs ' Board, the Agent for Construction shall cause bids to be taken for the construction and shall present • the final bids to the Chiefs ' Board for ratification . ,Once the bids and specifications nave been approved by the Chiefs ' Board, the Agent for Construction shall have the power to award the contracts and bind the Member Departments to the contracts so awarded. 9 . Repairs and Improvements. If recommended by the Operations Committee and approved by the Chiefs ' Board in advance and ratified by each of the Member Department ' s City Councils , all major repairs , replacements , additions/improvements shall be equally assessed against each Member Department. 10 . Insurance. The Association shall purchase policy( ies ) of insurance in forms and amounts to protect its insurable interests in the value of the site ' s improvements against perils of fire, theft, vandalism and Acts of God, and to protect the. financial interests of the Association , parties , their agents and employees , against all claims or lawsuits, including expenses and attorney fees , -4- - arising from the ownership, design, operation, and maintenance of the facility. The policy( ies ' ) limits , terms and conditions shall be acceptable to each party. Costs of insurance shall be apportioned equally to each Member Department. 11. Facility Use. Each Member Department shall be entitled to equal use of the facility, subject to advance scheduling through the Operations Committee under the • rules and guidelines established by the Chiefs ' Board. 12 . Use By Others . The Chiefs ' Board shall establish guidelines for use of the facility by others for a fee. The Operations Committee shall carry out the guidelines and shall be in charge of scheduling and collection of rents/fees . No rental shall be scheduled so as to conflict with any scheduled activity by a Member Department. Any rents/fees collected in excess of current year operating expenses may, at the Chiefs ' Board ' s discretion, be retained for repair, improvements to the facility, future operating expenses , or returned to the Member Departments . 13 . Chiefs ' Board. The Chiefs ' Board shall consist of the Fire Chief or the Fire Chief ' s designee of each Member Department unless another representative is designated by the City Council of a Member. The Board shall act by majority vote of .a quorum present at a board meeting (unless unanimous approval is required by this Agreement ) duly called by a member of the Board upon notice given to -5- all members by mail 20 days in advance of the meeting. The Board may act without a meeting by a unanimous writing in lieu of a meeting. 14 . Operations Committee. The Operations Committee shall consist of a firefighter/officer appointed by the Fire Chief of each Member Department. 15 . Indemnification. Each non-Member Department or organization using the facility shall fully indemnify the Member Departments against all loss , damage liability claims , suits , judgments , costs and expenses by reason of loss of or damage to property and injury to or death of persons caused by acts or omissions of the non-member organization, its officers , agents or employees , arising from or growing out of, directly or indirectly, wholly or partly, its maintenance, operation or use of the facility. 16 . Termination of Agreement. Any Member Department may terminate its participation under this Agreement by giving 60 days advance written notice of intent to terminate, directed to the attention of the remaining Members of the Chiefs ' Board. The terminating Member Department has no right of refund for its share of fees or costs paid under this Agreement, and waives any and all rights and interest in the training facility . Furthermore, any city terminating its participation under this Agreement is bound to pay its proportionate share of the initial construction costs . Said city shallalso be -6- ' s responsible for its proportionate share of outstanding operating costs through the fiscal year in which it gives notice of withdrawal. A withdrawing member shall have .no claim to assets of the Association including excess fees or rents collected under paragraph 12 . Upon the withdrawal of all Member Departments , the land and • improvements shall revert to the City of Fridley. 17 . Dissolution. Upon unanimous approval by the Member • Departments, the dissolution of this Association may be adopted, at which time the Building and Property shall revert to the City of Fridley, and all other assets and liabilities shall be divided among the remaining Member Departments in proportion tothe contribution of the remaining Member Departments . ' [18 . Amendment. Any amendments to this Agreement require a two-thirds vote of the Members of the Chiefs ' Board and must be approved by the City Councils for each party. IN WITNESS THEREOF, the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies . City of Fridley City of Columbia Heights Mayor (/ Mayor City Manager, City Manager //•)/Ci6 Date/ Date • -7- City of Brooklyn Center City of Spring Lake Park Mayor Mayor /2r4-2-71--r-f--4/ City Manager City Manager ' 1.(2 -7,/& Date Date City of Blaine City of Mounds View Mayor Mayor City Manager C1 erk-r,du -moi strator 2_ 2 -9 0 Date Date -8- REQUEST FOR COUNCIL CONSIDERATION mon: 9.I. nif A• -a 3e ::iu�er; 93-649C Report Date: 10-7-93 m a oorCouncl on: -- STAFF REPORT 0 Scecal Order of Business CITY COUNCIL=TING DATE OCTOBER 11, 1993 = Public Hearings Consent Agenda CZ Council Business Item Description: Consideration of Resolution No. 4430 In Support of the Renaming of Lakeside Park to Lakeside Lions Park • Administrators ReviewiRecommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheers as necessary.) TTNTMARY; As per Council direction at the October 4th Council Work Session, the attached resolution has been drafted for Council consideration at the October 11, 1993 Council meeting. • ek7nAl -LS Sa antha Orduno, C. Administrator RESOLUTION NO. 4430 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION IN SUPPORT OF THE RENAMING OF LAKESIDE PARK TO LAKESIDE LIONS PARK WHEREAS, the City of Spring Lake Park has requested that the City consider the renaming of Lakeside Park to Lakeside Lions Park in acknowledgement and appreciation of the contributions made over the years by the Spring Lake Park organization; and WHEREAS, the City Council has determined that it is an appropriate gesture of appreciation to rename the park Lakeside Lions Park. NOW, THEREFORE BE IT RESOLVED that the City of Mounds View does hereby support the City of Spring Lake Park's request that Lakeside Park be renamed Lakeside Lions Park. Adopted this 11th day of October, 1993. (SEAL) • City Administrator ATTEST: Mayor C)C+Obe( Il, 1993 CITY OF MOUNDS VIEW CITY COUNCIL OCTOBER 11, 1993 7:00 P.M. AGENDA The City council is provided background information for agenda items in advance by staff and appointed commissions, committees and boards. Decisions are based on this information, as well as City policy and practices, input from constituents and a Councilmember's personal judgement. If you have comments, questions or information regarding an item on the agenda, please step forward to be recognized by the Mayor during the •Residents Requests and Comments From the Floor" item on the agenda. Please state your name and address for the record. All comments are appreciated. A copy of all printed materials relating to the agenda item is available for public inspection at the Recording secretary's Table. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - _ Linke _ Trude _ Blanchard Wuori Quick AGENDA PAGE TWO OCTOBER 11, 1993 4, APPROVAL OF MINUTES: a. September 20, 1993 Special Joint Meeting Spring Lake Park/Mounds View COUNCIL ACTION: A T D Comments: b. September 27, 1993 Regular Council Meeting COUNCIL ACTION: A T D Comments: 5. SPECIAL ORDER OF BUSINESS: There was no special business scheduled for this meeting. 6. CONSENT AGENDA: A. Set Public Hearing for 7:05 p.m., October 25, 1993, to Consider Approval of Off -Sale Intoxicating Liquor License for Stanley Murzyn, 2840 Highway 10 13. Approve An Expenditure of Approximately $1,000 from the Recreation Activity Fund to Cover the Cost of a Feasibility Study for an Adventure Golf Course Facility at the Site of the Soccer Field at City Hall Park, Staff Report No. 93.639C AGENDA PAGE THREE OCTOBER 11, 1993 C. Adopt Resolution No. 4425 Amending Resolution No. 2092, A Resolution Vacating Part of the Sewer Easement at 8106 Groveland Road D. Consideration of Step Adjustment for Division Secretary, Staff Report No. 93.640C E. Consideration of Resolution No. 4426 Approving Proactive Approach to Installing Streetlights per Police Department Analysis, Staff Report No. 93.641C F. Adopt Resolution No. 4424 Approving Just and Correct Claims Against City Funds G. Licenses for Approval Sewer and Water - Expires 6/30/94 Advanced Design - New Bonine Excavating, Inc. - New HVAC - Expires 6/30/94 Flare Heating & Air Conditioning, Inc. - New Fire Protection Inc - Expires 6/30194 Independent Fire Protection, Inc. - Renewal COUNCIL ACTION: Comments: 7. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR citizens' comments are encouraged to allow individual citizens to address the council, as a whole, on a matter of interest or concern to the citizens. The preservation of the citizens' comments item on the agenda is important in order to encourage and maintain this information flow. To preserve and protect this valuable communications link, a speaker is limited to three (3) minutes. _____ _ - ------'-------------- ---------------- CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 8. PUBLIC HEARINGS: There are no public hearings scheduled for this meeting. AGENDA PAGE FOUR OCTOBER 11, 1993 9. COUNCIL BUSINESS: A. Consideration of Resolution No. 4423 Opposing Federal and State Mandates and Declaring October 27, 1993 as "Unfunded Mandates Day", Staff Report No. 93-642C (Staff Presenter. Samantha Orduno, City Administrator) COUNCIL ACTION: B. Consideration of Bid Award for Construction of City Hall Expansion, Staff Report No. 93-643C (Staff Presenter. Tim Cruikshank, Assistant to the City Administrator) COUNCIL ACTION: C. Consideration of Award to Contractor for Construction Management Services for City Hall Expansion - Info to be provided Monday evening. COUNCIL ACTION: Comments: AGENDA PAGE FIVE OCTOBER 11, 1993 D. Consideration of Authorization for Mayor and Administrator to Execute Contract for Architectural Services with Bonestro and Associates, Staff Report No. 93-644C (Staff Presenter: Tim Cruikshank, Assistant to the City Administrator) COUNCIL ACTION: Comments: E. Consideration of Charitable Gambling License for a One -Day, Off -Site Lawful Gambling Permit for the St. Paul Clown Club, Inc., Staff Report No. 93-645C (Staff Presenter: Michele Severson, Administrative Secretary) COUNCIL ACTION: Comments: F. Consideration of Utility Construction and Use Agreement between Mounds View -Arden Hills -Minnesota Department of Administration - Minnesota Department of Administration Facilities on County Road I, Staff Report No. 93.646C (Staff Presenter. Samantha Orduno, City Administrator) COUNCIL ACTION: G. Consideration of Authorizing Execution of Purchase Agreements for Golf Course Properties, Staff Report No. 93-647C (Staff Presenter: Samantha Orduno, City Administrator) COUNCIL ACTION: AGENDA PAGE SIX OCTOBER 11, 1993 Comments: H. Consideration of Resolution No. 4431 Approving the Amended Joint Powers Agreement for Construction and Operation of the Fire Training Site, Staff Report No. 93-648C (Staff Presenter. Samantha Orduno, City Administrator) COUNCIL ACTION: Comments: Consideration of Resolution No. 4430 Renaming Lakeside Park, Staff Report No. 93-649C (Staff Presenter: Samantha Orduno, City Administrator) COUNCIL ACTION: Comments: 10. REPORTS: 1. Report of Councilmembers: Blanchard: Wuori: Quick: Trude: 2. Report of Mayor Linke: _ AGENDA PAGE SEVEN OCTOBER 11, 1993 3. Report of Administrator: 4. Report of Staff: 5. Report of Attorney: NEXT COUNCIL WORK SESSION: NOVEMBER 1, 1993, 7:00 P.M. NEXT COUNCIL MEETING: NOVEMBER 8, 1993, 7:00 P.M. 11. ADJOURNMENT: bAag.101 1 Agenda Section: 6.0. REQUEST FOR COUNCIL CONSIDERATION Repot Number: 93-6-639L— Rep rt Dnle:—10-07-93 STAFF REPORT Council Action: Special Order or Rosiness CITY COUNCIL MEETING DATE OCTOBER 11, 1993 Public Hearings X Consent Agenda Council Business Item Description: Expenditure of Approximately $1,000 from the Recreation Activity Fund to Cover the Cost of a Feasibility Study for an Adventure Golf Course Facility at the Site of F rntor's Reviea�fRecnmmendn[ion: ments to supplement this rnts nuatcl[ed. Explanation/Sunmutry (attach supplement sheets as necessory.) SfINIb AL RY: The Parks and Recreation Commission wishes to discuss with the City Council a request to have a $1,(00 feasibility study to look into the construction of an Adventure Golf Course to be located at the current site of the small soccer field at City Hall. This is one of the goals that the Parks and Recreation Commission had set for themselves for 1993. During the year the Commission has looked into and visited various revenue producing recreation facilities. The Adventure Golf revenue producing facility seems to be most feasible. The Commission is interested in such a revenue producing facility for two basic reasons. The First and foremost is because our yearly allotment of Park Dedication will be ending in 1997. That yearly allotment of only $12,500 has been the mainstay of piddly projects in the parks which barely makes an impact on maintenance and replacement of equipment and other improvements. Once this has expired, we will have little or no Park Dedication monies coming in. The second reason that the Commission is interested in a revenue producing recreation facility is the chance to he self-sufficient for yearly park improvement monies. If the expectation is $50,M) profit annually, it would be more than we have had in the past several years as an annual budget in the Park Improvement Fund. A feasibility study would give us a much better answer as to whether or not it would be what we hope it to he. If the feasibility study would come out favorably, the Commission would hope to recommend that the City Council approve the construction and operation of an Adventure Golf Course as a revenue producing recreation facility using a funding package that would not be detrintemal to the City of Mounds View. a aanon, Director Parks, Recre; on and Forestry Department RECOMMENDATION: To approve an expenditure of approximately $1,000 from the Recreation Activity Fund to cover the cost of a feasibility study for an Adventure Golf Course facility at the site of the soccer field at City Hall Park. ITEM 6.C. RESOLUTION NO. 4425 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AMENDING RESOLUTION NO. 2092, A RESOLUTION VACATING PART OF THE SEWER EASEMENT AT 8106 GROVELAND ROAD WHEREAS, the City of Mounds View had a sewer easement to construct, operate, repair, replace, inspect and maintain sewer mains, pipes and lines across the south 40 feet of the north 115 feet of Lot 47, Auditor's Subdivision No. 89, except therefrom the west 20 feet, said property located at 8106 Groveland Road, owned by Daryl D. Blasberg; and WHEREAS, the residential structure at 8106 Groveland Road has been erected over a portion of the above -described sewer easement; and WHEREAS, the City does not need for its purposes the entire 40-foot easement across 8106 Groveland Road; and WHEREAS, the City of Mounds View has previously adopted Resolution No. 2092 vacating the south 31 feet of the east 100 feet of that sewer easement contained in the deed dated February 14, 1964, filed as Document 472482 in the office of the Registrar of Titles of Ramsey County recorded on June 25, 1964, said Resolution No. 2092 stating the above vacation being dated September 30, 1986 and recorded October 25, 1986 in the Office of the Registrar of Titles of Ramsey County as Document 815332; and WHEREAS, the City of Mounds View inadvertently failed to vacate a sewer easement over the same above -described property conveyed to the City of Mounds View by the mortgagee of said property, Minneapolis Federal Savings and Loan Association, said easement dated December 20, 1963 and recorded in the Office of the Registrar of Titles of Ramsey County on June 25, 1964 as Document No. 472481. NOW, THEREFORE, BE IT RESOLVED by the City of Mounds View that Resolution No. 2092 is amended to include vacating the south 31 feet of the east 100 feet of that sewer easement conveyed to the City of Mounds View in that sewer easement document dated December 20, 1963 recorded in the Office of the Registrar of Titles of Ramsey County on June 25, 1964 as Document No. 472481. ATTEST: (SEAL) Adopted this llth day of October, 1993. MAYOR CLERK -ADMINISTRATOR STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified Clerk/Deputy Clerk of the City of Mounds View, Minnesota, hereby certify that I have carefully compared the attached and foregoing with the original thereof on file in my office, and the same is a full, true and complete copy thereof, insofar as the same relates to: Resolution No. - AMENDED RESOLUTION VACATING PART OF THE SEWER EASEMENT AT 8106 GROVELAND ROAD WITNESS MY HAND officially as such Clerk/Deputy Clerk and the corporate seal of the City of Mounds View this _ day of , 1993. Deputy Clerk — .. Agenda Section: 6.D. REQUEST FOR COUNCIL CONSIDERATION Reportlumber. 93-640C V. STAFFREPORT Report Dam: 10-7-93 — Council Action: 0 Special Order of Business CITY COUNCIL. MEETING DATE OCTOBER 11, 1993 0 Public Hearings C Consent Agenda 0 Council Business Item Description: Resolution No. 4428 Approving a Wage Adjustment for Tracy Juell, Public Works Secretary Administrators Review/Recommendation: • No comments to supplement this report • Comments attached. Explanacion/Summary (attach supplement sheets as necessary.) C iARY: Tracy Juell, the City's Public Works Secretary, has been working with the City since February of 1991. In accordance with the City's 5 Step Compensation Policy, this position is due for a wage adjustment. Ms. Juell is currently at Step 3, $10.66/hr. Her performance has been satisfactory and staff is recommending a wage adjustment to Step 4, $11.26/hour. This adjustment is consistent with the 5 Step Pay Plan for this position. im Cruikshank, Asst. to City Admin. RECOMMENDATION: Motion to waive the reading and adopt resolution No. 4428 approving a wage adjustment for Tracy Juell, Division Secretary. RESOLUTION NO. 4428 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A WAGE ADTUSTMENT FOR TRACY JUELL PUBLIC WORKS SECRETARY WHEREAS, Tracy Juell is a regular full-time employee who began working for the City of Mounds View on February 25, 1991; and WHEREAS, Ms. Juell's work performance has met the responsibilities of Public Works Secretary as outlined in the job description; and WHEREAS, her work performance has been satisfactorily reflected in her performance review; and WHEREAS, a wage adjustment that is consistent with the City's compensation policy is recommended. NOW, THEREFORE, HE IT RESOLVED that the Mounds View City Council hereby approve a wage adjustment for Tracy Juell from $10.66/hour to $11.26/hour effective 10/14/93. Presented this 11th day of October, 1993. (SEAL) Jerry Linke, Mayor (ATTEST) Samantha Orduno, City Administrator .. Agenda Section: 6.E. �� REQUEST FOR COUNCIL CONSIDERATION Report Number. - C' L ST.�FF REPORT Report Date: 6�— .:., - Council Action: '"' C Special Order of Business C= COWi CIL MEETING DATE WIOB0 11, 1993 C Public Hearings :E Consent Agenda C Council Business Item Description: Consideration of Resolution No. 4429 Approving Proactive Approach to instilling Streetlights Per Police Department Analysis Administrator's Rehewillecommendation: • No comments to supplement this report • Comments attached. Explanation/summary (attach supplemeat sheers s+ omwary.) Cji14M�RR]_: At the October 4, 1993, Mounds View City Council Worksession, the city Council agreed to a proactive approach for the installation of F`.reet Lights throughout the City based on a needs analysis conducted by the Mounds View Police Department. Presented for your consideration is Resolution No. 4429 confirming this proactive philosophy and a detailed plan of where and when these lights are to be installed. The following schedule is proposed: 1994 Location 7600 block of Woodlawn Bronson Drive and Edgewood Drive Bronson Drive and Greenfield Avenue 5751 Quincy Street Between Quincy and Hillview Road About 2085 Hillview Road About 2201 Hillview Road 1995 Silver View Park (inside park) Hillview Park Lambert Park Rustad Lane and Quincy Street 5711 Quincy Street Groberg Street and Jackson Drive 5445 Jackson Drive 2239 Hillview Road Knoll Drive and Greenfield Park Lights 4 1 1 1 1 1 1 RECOMMENDATION: -Tim Cruikshank, Asst. to City Admin. Motion to waive the reading and Adopt Resolution No. 4429, approving proactive plan for the installation of street lights throughout the City based on Police Department's needs analysis. Location Lights 1996 2685 County Road H2 east to Long Lake Road St. Stephen Street and Bronson Drive Greenwood Drive and Long Lake Road About 8385 Greenwood Drive About 8368 Red Oak Drive Woodcrest Park Quincy Street and Hillview Road (north side) RESOLUTION NO. 4429 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A PROACTIVE STREET LIGHT INSTALLATION PLAN WHEREAS, the City of Mounds View has a Street Lighting policy that provides for the installation of street lights where determined by the City Council that it is in the best interest of preserving the health, safety and welfare of the residents of the City; and WHEREAS, the Mounds View City Council requested an analysis of the City's current street lighting conditions to determine the need for installing additional lights where deemed necessary; and WHEREAS, the Mounds View Police Department has conducted a thorough analysis of the street light needs in the City and has recommended a plan for installing street lights; and WHEREAS, the City Council supports this plan and would like to proactively install street lights based on the Police Department's recommendation. NOW, THEREFORE, BE IT RESOLVED that the following plan be implemented for the next three years, 1994-1996, with the priority being such: 1994 Location Lights 7600 block of Woodlawn 4 Bronson Drive and Edgewood Drive 1 Bronson Drive and Greenfield Avenue 1 5751 Quincy Street 1 Between Quincy and Hillview Road 1 About 2085 Hillview Road 1 About 2201 Hiliview Road 1 1995 Silver View Park (inside park) 2 Hillview Park 1 Lambert Park 1 Rustad Lane and Quincy Street 1 5711 Quincy Street 1 Groberg Street and Jackson Drive 1 5445 Jackson Drive 1 2239 Hillview Road 1 Knoll Drive and Greenfield Park 1 1996 2685 County Road H2 east to Long Lake Road 4 St. Stephen Street and Bronson Drive 1 Greenwood Drive and Long Lake Road 1 About 8385 Greenwood Drive 1 About 8368 Red Oak Drive 1 Wnodcrest Park 1 Quincy Street and Hillview Road (north side) 1 BE IT FURTHER RESOLVED that additional streetlights, other than what is include in this plan, will be installed on an as requested by petition basis, provided the request meets all necessary criteria. Presented this 11th day of October, 1993. (SEAL► (ATTEST) Jerry Linke, Mayor Samantha Orduno, City Administrator T. mnda gee on: 9 •A• REQUEST FOR CODICIL CONSIDE UT=ON 3eoar Vuc er. 93-642C Repor.Daw: 10/7/93 +� STAFF REPORT caanal man: = SOeeai Order if 3=ress _ ?:hilt Eearngs C= C0L^ICM.MEEI'L`rG DATu OMMR 11, 1993 _ Carsenc.ugnaa LO(Couaal 3=neBa i :'em Deewcon: Consideration of Resolution No. 4423 Opposing Federal and State tludates and Declaring October 27, 1993 as "Unfunded Kx dates Day" ma=coro Revew,Recommenaaeon: • No conmenra :o eupoiemenc this 'Boor' • Canmenra ar..acaed. R-pIanaaamSummarr :s=lh =epinmenc thee" = 2"Bw r/•) cmt�SA m The League of Minnesota Cities in conjunction with the National League of Cities has declared Wednesday, October 27th, "Unfunded Mandates Day" in cities throughout the nation. It is a day in which all cities will help educate citizens and lawmakers about unfunded federal and state mandates that impact cities. The attached resolution is presented for your consideration. Also as part of the education process, each city has been asked to write to their state and federal elected officials and call attention to the financial burden that mandates place on cities at a time when federal and state assistance programs are declining. I have attached a list of some of the state and federal mandates which impact the City, directly and indirectly. Each year, more and more to unfunded mandates are placed on the backs of cities. As cities try balance service demands with limited resources, unfunded mandates continue to make that balancing act more difficult. Orduno,",City RECOMMENDATION: Motion to read and approve Resolution No. 4423 Opposing Federal and State Mandates and Declaring October 27, 1993 as "Unfunded Mandates Day" RESOLUTION NO. 4423 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OPPOSING FEDERAL AND STATE MANDATES AND DECLARING OCTOBER 27, 1993 AS "UNFUNDED MANDATES DAY" WHEREAS, unfunded mandates on local government have increased significantly in recent years; and WHEREAS, federal and state mandates do not consider local circumstances, costs, or capacity, and subject cities to civil or criminal penalties for noncompliance; and WHEREAS, federal and state mandates require compliance regardless of other pressing local needs and priorities affecting the health, welfare, and safety of citizens; and WHEREAS, federal and state burdens on local governments force cities to impose a combination of higher local taxes and fees on local taxpayers and/or reduce local services to citizens; and WHEREAS, federal and state mandates are often inflexible, "one -size - fits -all" requirements with unrealistic time frames and overly specific and inflexible procedures where less costly alternatives may be just as effective; and WHEREAS, the cumulative impact of these laws and rules directly affect the citizens of our cities; and WHEREAS, the League of Minnesota Cities, in collaboration with the National League of Cities, seeks to help citizens understand and then help encourage lawmakers to reduce the burden and inflexibility of unfunded mandates, beginning with a National Unfunded Mandates Day on October 27, 1993. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View endorses the League's efforts and those of the National League of Cities and will fully inform our citizens about the impact of state federal mandates on our local spending and taxes; and BE IT FURTHER RESOLVED that the City Council of the City of Mounds endorses this year of mandate awareness, beginning October 27 by informing and working with members of our Congressional delegation and our state legislators to educate them about the impact of federal and state mandates and the actions necessary to reduce these burdens on our citizens. ATTEST: Adopted this llth day of October, 1993. MAYOR (SEAL) CLERK -ADMINISTRATOR PRIORITY LIST OF STATE MANDATES AFFECTING CITIES - State requirements that cities conduct job evaluation studies, report on implementation plans, and comply with the state requirements for establishing equitable compensation. Binding arbitration for essential employees (M.S. 179A1 - State regulation of employment contracts, determination of "essential employees", requirements for settlement by mediators. This law affects salaries, benefits and other work conditions and takes out of cities' contril negotiations for those benefits. Conducting elections (M.S.1 - State laws stipulate requirements for cities when conducting elections. These laws apply to: regular and special elections; elections for county, state and federal, city, and some school races; the timing of the election; publication and number and salaries of election judges; state - certified voting equipment; timelines for testing of voting equipment; preparation of ballots; absentee ballot procedures; and same -day voter registration. Worker's compensation (M.S. 176 and 1811 - State law includes a presumpption of occupational diseases making them job -related and compensable (M.S. 176.011 - 021). It includes: - Infectious disease (eg. AIDS and hepatitis) for any public service employee - cancer presumption for firefighters - heart and lung disease presumption for either police or firefighters Gopher State One Call (M.S. 216D) - required notification system for underground excavation. Cities are responsible for issuing permits for excavation and are one of the primary underground utilities operators. Cities are charged for location contacts with the excavation notification center. Additional State and Federal Mandates Affecting Minnesota Cities PERSONNEL/EMPLOYEE RELATIONS UnemDlovment compensation (M.S. 268) - requirement that cities adhere to same costly unemployment compensation program rules required of private employees. Workers' compensation (M.S. 1761 - Cities are responsible for enforcing requirements for worker's compensation for local contractors and licensees. -2- Mandatory participation in PERA requiring city employee contribution rates of 10.73 percent for Basic plan members and 4.48 percent for coordinated plan members. M.S. 61A.0921 - State requirements for continuation of option for health and life insurance coverage following voluntary or involuntary terminiation); also requires continuing such coverage for disabled persons. Op. 41501 - Attorney General interpretation of the state's Davis - Bacon requirements (prevailing wage requirements) applying to city contracts resulting in higher costs for those contracts. prference granted to veterans for hiring, protection from discharge, up to 60 days of paid leave while ch^,llenging any discharge or disciplinary action, and full salary for up to three weeks for all city employees serving in the military reserves or on active duty. Employee right -to -know act (M.S. 182.65) - requires disclosure and reporting of presence of hazardous materials or conditions in the work place. Parental leave (M.S. 181.940 - 944 - employees working an average of 20 or more hours per week are guaranteed an unpaid leave of absence of up to six weeks, with continued insurance coverage and reinstatement. PUBLIC SAFETY Peace officer standards and training (POST) (M.S. 626.84 - 863 - preservice and continuing in-service training requirements for licensed law enforcement officers. Temporary detention facilities/detoxification centers - when a City provides temporary holding of persons arrested, the City must meet state standards in its building and maintenance of such a facility. 911 (M.S. 4031 - state requirements for local emergency telephone service. Cities who do their own dispatching must meet the guidelines of the program. -3- Confined space entry - standards imposed in situations where a confined space (such as a manhole) is entered. For example, there is a requirement that a minimum of two employees are present whenever a confined space is entered. (OSHA) Animal Control (M.S. 346 347 and Chapter 37 1989 Session Lawsl - state regulation of standards for facilities used for animal control, procedures for apprehending animals, and minimum holding periods. state reimbursement does not cover the costs of these services. ENVIRONMENT Wastewate Treatment Standards - state goes beyond federal government. In many was standards affecting wastewater treatment; extensive reporting requirments to PCA. Drinking Water Standards - regulation of drinking water requiring frequent testing and reporting to assure adherence to standards. Surface Water Management Organizations or Plan (M.S. 1108 and 112) - state law requires cities to cooperate in developing a comprehensive water management plan. Waste Disposal Facilities (PCA Rules) - regulation of most aspects of incinerator and sanitary landfills including design, demolition. regulations on the transportation of hazardous substances and requirements that cities select routes for transport, and police those routes, which are frequently not city streets. Recycling (M.S. 1158) - counties authorized to mandate recycling responsibilities to cities. Minnesota Clean Indoor Air Act (M.S. 144.411 - 4171 - cities required to comply with and enforce act within its public buildings. PLANNING Land Use Planning (M.S. 473H) - metro cities are required by the state to have a comprehensive land use plan. -4- State Zoning Standards (M.S. 462 3361 - limitations on local zoning decisions for manufactured homes, group homes, earth -shelterred homes, etc. Uniform Building Code (UBC) - Cities are required to adopt and enforce a state uniform building code which enforces heating, ventilation, energy conservation, electric, fire standards, plumbing, etc. Handicap accessibility is one of the requirements which must be assured for public buildings. Flood Plain Management (M.S. 104.04) - The commissioner of natural resources is authorized to require and approve local government reporting on flood plain management ordinances. Costs associated with imposing local ordinances may be passed on to the local government. Flood insurance (M.S. 104.08) - The state requires that all local governments subject to recurrent flooding participate in the national flood insurance program. Shoreland Development (M.S. 103.485) - The commissioner of natural resources is authorized to require and approve local government reporting on shoreland management ordinances, and monitor land use in the vicinity of the shoreland. TRANSPORTATION Municipal State Aid Roads (M.S. 162.09) - To obtain funding for construction and maintenance of these roads, cities must comply with standards which often result in overbuilding of such roads. In addition, a larger share of MVET revenues are being transferred into the state trunk highway system. GENERAL GOVERNMENT/RECORD KEEPING ue L. of eaministration - State regulations determine what records cities must keep and for what length of time. Requirements include storage time ranging from three years to infinity. -••••-••�•.�-1.vimueniudLd Yractice5 Act (M..$ 13) - Nearly all government data is to be considered to be public and access and reproduction of this information is rewired. Open Meeting Law (M.S. 471.705) - Cities are required to open all of their meetings to the public. Specific requirements for availability of meeting notices, agendas and minutes must be kept and open to the public during all normal business hours. -5- Competitive bidding (M.S. 471.345 and M.S.429.0411 - The uniform municipal contracting law contains extensive regulation of the requirements for the advertising of and bidding on municipal contracts. Examiniation of bonded public employees (M.S. 574.23) - An examination process is required whenever there is a change in the personnel for city clerks and treasurers. Summary budget statement publication (M.S. 471.69651 - Annual publication of the summary budget must include information relating to anticipated revenues and expenditures in a design so that a cmparison may be made between the current and budget years. This must be published in the official newspaper of the city, or if there is none, in a qualified newspaper or general circulation in the city. Home Rule Charters (M.S. 410) - State regulations are provided for the framing, adoption and amendments to the charter, and the operation of the charter commission. Municipal liquor store reporting requirements (M.S. 471.6985) - State reporting requirements prescribed for financial statements from municipal liquor stores. REVENUE CONSTRAINTS 6.5 .,ales cax imposed on (Atp purchases. Tax exempt property - The presence of properties in cities which are determined by statute to be exempt from property taxes increase city costs (police and fire protection, road maintenance, street lighting, etc.). Such properties include state institutions, such as universities, hospitals , corrections facilities, and other state-owned properties. Limitations on Local Special Assessments (M.S. 429) - Statutory restrictions are imposed on the uses, notices, hearings, bidding, contracts, apportionment of cost, assessment procedures, and collection of special assessments. Limitations on maximum penalties and fine (M.S 609 033-03511 - statutory restrictions are placed on allowable penalties and fines for ordinance violations, and petty and gross misdemeanors. Truth in taxation (M.S. 276.065) - Requirement for cities to provide pre -notification of property tax changes and adhere to certain rules with partial state reimbursement to counties only. 10 MISCELLANEOUS MVET on City purchase of Vehicles (M.S. 2978) - state law requires cities to pay the 6 percent motor vehicle excise tax on vehicles used as road maintenance vehicles, plows, dump trucks, etc. state requires that once a city participates in funding a regional library, a minimum effort contribution must be maintained. _ Agenda Section: 9.B. REQUEST FOR COUNCIL CONSIDERATION ReportNumber. 93-643C L, �� ReportDace: 10/7,9'I 4T � T REPORT Council Action: ;;;! G SpedalOrder ofBusiness OCIOBER 11, 1993 C Public Bearings CITY COCiNCIL MEETING DATE r- Consenc Agenda 't Council Business Item Descnption: Consideration of Bid Award for Construction of City Hall Expansion Administrators RehewiRecommendation: . No comments to supplement this report - Comments attached. ExplanationiSummary (attach mpplemegt sheets as nequary•) D'Il6 ARY: j At 2:00 p.m., on Wednesday, October 6, 1993, the bid opening for the expansion of Mounds View City Hall took place in the Council Chambers. 13 contractors submitted bids and were present for the bid opening. Following is a list of bidders and their bid amounts. CONTRACTOR BASE BID socon Construction $445,800 $445,000 KM Building $438,896 Falls and Nyhusmoen $428,000 ECI Building CM Construction $419,750 United Contracting $410,000 Parkos Construction $409,700 Hunerberg Construction $409,100 Morcon Riverwoods Development $406,300 Disqualified Merrimac $404,906 Gladstone Construction $394,755 Mikkelson-Wulff $386,679 References are being checked and will be reported on at Monday's meeting. ------------- cruikshank, Asst. to City Admin. RECOMMENDATION* Award bid in the amount of $386,679 for City Hall expansion to low bidder, Mikkelson-Wulff Construction, to be funded out of City Hall Expansion Fund, account No. 697-3961-000. _ •• agenan&r_an: 9.B. _ _ REQL-EST FOR COUNCM CONSMEILklION ?Ao n.Nuaber. 93-543C 3epor. Dam: 7 n /7 /a 3 STAFF REPORT Counclaccon: Saeeal Order o(Sumness CI'^: COL•NCIL \MEETING DATE CCTOBER 11, 1993 = ?omit Reanrgs = Cansenc agenda •t Councl Business am Descnncon: Consideration of Bid Award for Construction of City Hall Expansion i Admtrascracors Re"evRecommendanon: • No commend :o supplement :his reoor. • Camments ar,.acked. ExplanaciocvSummari !amen suoolemeat sheets as aemssary.I SjTNL 1ARY: Ij At 2:00 p.m., on Wednesday, October 6, 1993, the bid opening for the expansion of Mounds View City Hall took place in the Council Chambers. 13 contractors submitted bids and were present for the bid opening. Following is a list of bidders and their bid amounts. CONTRACTOR BASE BID socon Construction $445,800 KM Building $445,000 Falls and Nyhusmoen $438,896 ECI Building $428,000 CM Construction $419,750 United Contracting $410,000 Parkos Construction $409,700 Hunerberg Construction $409,100 Morcon $406,300 Riverwoods Development Disqualified Merrimac $404,906 Gladstone Construction $394,755 Mikkelson-Wulff $386,679 References are being checked and will be reported on at Monday's meeting. Tim Cruikshank, Asst. to City Admin. RECOMMENDATION: Award bid in the amount of $386,679 for City Hall expansion to low bidder, Mikkelson-Wulff Construction, to be funded out of City Hall Expansion Fund, account No. 697-3961-000. ITEM 9.C. =• Agenda Section: _ REQUEST FOR COUNCIL CONSMERAnON Reoort;lumber. ReporSTAFF - REPORT Action: Coundl Action: Council C Special Order of Business CITY COUNCIL MEETING DATE OCTOBER 11, 1993 - Public Hearings C Consent Agenda 9 Council Business Item Description: Consideration of Award to Contractor for Construction Managanent Services for City Hall Expansion - Info to be Handed out Monday Evening Administrator's ReviewiRecommendarion: - No comments to supplement this report - Comments attached. Explanatiorusummary (attach supplement shtem as neekssary.) STT�f ARY: At the October 4, 1993, City Council Worksession, it was decided to solicit proposals from contractor's to provide construction management services to oversee the construction phase of the City Hall expansion. The Request For Proposal for these services was sent to several vendors with a deadline of 4:00 p.m., Friday, October 8, 1993. Due to the time sensitivity of this project and the recent decision to not utilize the construction management services of the architect, there was not sufficient time to include this item in the packet. The results of these proposals will be presented for the Council's consideration of award at the Monday, October 11, 1993, Regular City Council meeting. �,K ' UQJU Tim Cruikshank, Asst. to City Admin. RECOMMENDATION: 1 _ act ,aJ 10•JG NO Ao co• r.) TE- 'YiTAh[—:L.) .JIIL L IID .7-��.iJ J�/1� Mikkelson-Wulff Construction, Inc. GENERAL CONTRACTORS 126 BLAKE ROAD NO., MINNEAPOLIS, MN 55343 1612) 93}5665 FAX 933.3872 October 7, 1993 Bonestroo, Rosene, Anderlik and Associates 2335 West Trunk Hwy 36 St. Paul, NN 55113 ATTN: MILT POWELL RE: MOUNDSVIEW CITY HALL ADDITION Dear Mr. Powell: it is with great regrets that we write this letter. However, in the final preparation of our bid for the City Hall addition, a calculation error of $8,966.00 was made. (See the attached bid sheet). Our bid should have been $395,645.00. Based upon that substantiated error, it is our request that you allow Mikkelson-Wulff Construction, Inc. to withdraw thier bid, and return the attached bid bond without a forfeiture. Kindly review the above, and call this writer with any questions or concerns. Sincerely, NIyKKELSON-WULPP CONSTRUCTION, INC. Stanley R. Thom Sr. Project Manager Attachments CC: -Tim Cruikshank 6RT:bf COMMERCIAL -BONDED -LICENSED 'Equal Opponu'Wr Emplayol' RESOLUTION NO. 4433 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ACCEPTING BID FOR CITY HALL ADDITION AND REMODELING CONTRACT WHEREAS, pursuant to an advertisement prepared for the remodeling and construction of an addition to City Hall, bids were received, opened and tabulated according to law, and the complying bids are summarized on the attached Exhibit A; and WHEREAS, it appears that Mikkelson-Wulff Construction, Inc. is the lowest responsible bidder: and WHEREAS, Mikkelson-Wulff Construction, Inc. has requested that it be allowed to withdraw its bid; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View as follows: 1. The request by Mikkelson-Wulff Construction, Inc, to withdraw its bid is denied: and 2. The bid of Mikkelson-Wulff Construction, Inc. is accepted and the Mayor and City Administrator are authorized and directed to enter into a contract with Mikkelson-Wulff Construction, Inc. according to the plans and specifications approved by the City Council for the project; and 3. The City Administrator is authorized and directed to return to all bidders the deposits made with their bids, except the deposits of the lowest bidder and the next two lowest bidders shall be retained until a contract has been signed; and 4. In the event that Mikkelson-Wulff Construction, Inc. fails to execute a contract with the City in a timely manner, the Mayor and City Administrator are hereby authorized and directed to take the appropriate action to make a claim against the bid bond submitted by Mikkelson-Wulff Construction, Inc. Adopted this 11 th day of October, 1993. ATTEST: , Mayor (SEAL) Citv Administrator REQLEST FOR COUNCIL CONSMEMXTION STAFF REPORT CITY CO [.^ICIL .MEETING DATE [-am Descnpaon: Admimscramrs RevewtRecommendanon: - No comments :a suopiemenc :his raper: - Comments arached. ExplanacioniSummarl (eracl suppleotat sheets as amseary.) CAA Ry: Agenda Secon: Repor. Number. Repot: Dart: Cauncl:lc-an: Spwml Order of 3wnness ?abiic 3eanngs Consent Agenda Coural Busyness To oversee the successful and proper construction of the City Hall expansion and renovation, construction management services are needed. A Request for Proposal was sent to several contractors soliciting these services based on 14 hours per week of construction administration, coordination, observation and inspection. We have received three responses. They came from: Watson/Forsberg Co. - $48.00/hr Constructive Ideas - $80.00/hr Langer Construction - $45.00/hr None of these companies have engineers or architects on staff. Should a need arise for consultation, these services would be additional. There are four options presented for Council consideration. option ,31 - award to the low bidder of the three construction management companies. option #2 - award to the low bidder of the three construction management companies and retain Bonestroo for architectural and engineering service on an as needed basis or authorize SEH to provide these services in the same capacity. option #3 - do not award to any of the construction manager companies and retain Bonestroo for the oversight of the construction. option 04 - do not award to any of the construction manager companies and authorize SEH for the oversight of the construction. Tim Cruikshank, Asst. to City Admin. RECOMMENDATION: Authorize Mayor and City Administrator to execute contract for construction management services. None of the cost of these services shall exceed $12,000, to be funded out of account # 697-4121-303. •• Agenda Seedon: 9. D. REQUEST FOR COUNCIL CONSIDERATION Report Number. 93-644C STAFF REPORT Capon .Acmi 10-7-93 ..: - Coundi Action: 0 Special Order of Business CITY CDUNCD. MEETING DATE OMOBER 11, 1993 = Public Hearings C Consent Agenda N Council Business Item Descnpcion: Consideration of Authorization from Council for mayor And City Administrator to Execute Contract with Bonestroo and Associates for Architectural Services Administrator's Rmew/Recommendation: • No comments to supplement this report - Comments attached. Explanaciontsummary (attach supplement shgEtt as necessary.) SUMMARY. (/ Bonestroo and Associates, the architects for the City Hall expansion project, have presented the City with their contract for services. The City Attorney and City Staff have reviewed the contents of the contract document and agree with the terms and conditions as outlined. The cost for the architectural services is $22,000. The services provided include preliminary cost projections of the project, preparing contract documents and plans and coordinating the bidding process for contractors. Bonestroo and Associates' services will conclude after the project has been awarded to the successful contractor. They will not provide construction management services such as inspections and overseeing the successful and proper completion of the project. RFP's have .been solicited from other contractors for these services. A copy of the contract has been included for your review. Ctiuw Tim Cruikshank, Asst. to City Admin. RECOMME DALKA. Staff seeks authorization from Council for Mayor and City Administrator to execute contract with Bonestroo and Associates for architectural services provided at a cost not to exceed $22,000 from Account No. 697-4121-303. T 11 E A h. E A I C A N I N S T I T U T E O F A R C H I T E C T AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the day of September Nineteen Hundred and Ninety-three BETWEEN the Owner: city of Mounds view (Name and addnmt) 2401 Highway 10 Mounds View, MN 55112 and the Architect: gonestroo, Rosene, Anderlik 6 Associates, Inc. (Nance and uddnmt) 2335 West Trunk Highway 36 St. Paul, mN 55113 For the following Project: pndude dewaad description of P oftd, Iaeu han. add— and xupeJ See Appendix "A" The Owner and Architect agree as set forth below. in the year of Copyrlgh1 1917, 1926. MB.1951, 1953. 195a, 1961.1963,1966, 1967, 1970, 1974,1977, 01997 by The Amcrlcan lnuhute of Archliau, 1735 New York AvenUe. N.W„ Wsshafiton, D.C. 20006. Rcprodualoa of the mate" herdn or mbsunNal quoutkm of lU pmvlslom without written permlulon of the AIA vlolmm the mpyrlght laws of the United Sum and wW be mbK%l to [egg p1133CM 011. AIA DOCUMENT 0141 • OWNER.ARCNITEf.T AGREENEM • FOURTEE nn EDMON • MAO • 01987 B141-IN7 T THE AMDUCAN N6TDUM OF AROIITEC!"S, 1755 NEW YORK AVENUE. N.W., WASIINGTOr1, D.0 20DO6 TERMS AND CONDITIONS :7r AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHTECTS RESPONSIBILITIES 1.1 ARCHrTECTS SERVICES 1.1.1 The Architect's %mica mservicesmist of those services Per- formed by the Architect, Architect's employ= and Architect's consultants as enumerated In Ankles 2 and 3 of this Agreemem and any other service Included In Article 12. 1.1.2 The Architect's services shall be performed a% apcdi* Thusly at is consistent with professional skill aml care and the the Owner. the orderly progress of the Work. Upon request Architm shall submit for the owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project Proceeds, and shag Include allowances for priiods of time required for the Owner's review and for approval of submissions by authorities laving Jurisdiction over the Project. Time limits established by this schedule appmved by ft Owner shah our. [AqK for reasonable acre. be aacded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject u7 the time limitations contained in 5ubp=gmph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECTS BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Service consist of those dacriticd in Paragraphs 2.2 through 2.6 and any other service identified in Article 12 as Pan of Basic Services, and include normal stmo coal, mechanical and electrical engineering.services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 T1re Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and %hail arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary niltutk7n of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject 10 the limita' Lions set forth in Subparagraph 5.2. L 2.2.3 The Architect shall review with the Owner allemmive approaches to design and eonsimctiun of the Protect. 2.2.4 Based on the mutually agiT.ed-upon pmftram, schedule and construction budget requirements, the Architect shall Prepare, for approval by the Owner. Schematic Design DOC11- mcnts consisting of drawings and other documents illustrating the scale and relationship of PIOIect components. 2.2.5 The Architect %hail submit to the Owner a preliminary eitimatc of construction Cost based on current area, volume or other unit costs. schedule or consin7cdon budget, the Architect shill Prepare, for appmval by die Owner, Design Development Documents consisting of drawings and other rlocumenis 11 fts and describe the sue and character of the PmJca 0 to architectural, sink• total, mechanical and elocirioi systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adlustmenu to the preliminary animate of Construction Cyst. ,. tar r rrw a a 2.4.1 geed on the approved Design Development Doco- mrnts and any further odjustments in the scope or quality of the Pmlcct or in the construction budget authorized by the Owner, the Architect shag prepare, for approval by the Owocr, Conslmction Documents consisting of Drawings and Sped6o- tions setting forth in detail the requirements for the construe- tion of the Protect. 2.4.2 The Architect shall Prepare the necessary bidding information, bidding lotion, the Condi- flons of the Contract, and the forth of Agreement between the Owner and Contractor. 2.4.3 The Architect shag advise the Owner of any adjuslments to previous preliminary estimates of Construction Craft Ind4 aced by changes in requirements or general market conditkxu. 2.4.4 The Architect shall prepare and file for the Owner documents required fix the approval of govcmmental authorities having jutbdiction Over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cult, shail assist the Owner in obtaining blots or negotiated proposab and assist In awarding and preparing contracts for construction. 2.6 DONSTRIICTOF THECO NSTRUCTION TRUCTION CONON TRACT PHASE —ADMINISTRATION 2.6.1 The Architect's responsibility to provide Basic Services for the Comstmctkn Phase under this Agreement commences with the award of the Contract for Construction and terminate at the earlia of the issuance to the Owner of the final Certlfiate for Payment or it o(ihe.yPeek�:.k+sractendedander the+cNms oF5ttlParaS�PM Ig:5,3- i7,P,l ;A ��;,,..,, ,. m-,tc r.•.•r-f G•It:,-frr, 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Used on the appmved Schematic Design Documents and any adjustments authorized by the Owner In the program. AU DOrUMM 0141 • Ow'NEK AKcI1f7ECr AGREEMt7n • 7011BTEE11111 E1111InN • AIA' • 01997 TIIE AMEAIGAN IN%Tn UrEOE AaOfITECrS, 1775 NEV yOKK AVFNtIE. N W., wA%IIINGTON.O.C. ZOOM B141.1987 2 ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 2 .... ,nduaed in Basic 5crvices unless so identified In Anlcle 12. and they sh d! be paid fur by the Owner as provided in this Agreement, in addition to the crhmposatinn for Basic Service. The services descrlhcd under Paagraphs 3.2 and 3.4 shall only be provided if authorized tat confirmed in writing by the Owner. If services descrilxd under famfingem Additional Services in Paragraph 3.3 ere regtmed due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to com- mencing such services If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt wrillen notice to the Architect. If file Ownet indicates In writing that 211 or pan of such Camingent Addi. tinn215ervices are not required, the Architect slali have nuobli. g2lion to provide those servico. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more exlerWve rcpreentatlnn at the site don is described in Subparagraph 2.6.5 is required, the Archlleci slull provide one or more Project Representatives to assist in carry- Ing out such additional on-slie responsibilities. 3.2.2 Project Representatives shall he seiccled, empinyoTl and directed by the Architect, and file Architect 511211 be compen- sated therefor as agreed by the Owner and Ar,,Aiccr. Tlhe duties, rolohnsihllilies and limilminm of authority of Project Representativo shall be as described In the edifkm of AIA Document B352 currant as of the date of this Agreement, unless otherwise agreed. 32-3 Through the observations by such Project Rcplesen- tattva, the Architect shag endeavor to provide further prdce- fion for the Owner against defects and deficiencies in the Work, but the fumshing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere In this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3,3.1 Making revisions In Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions mxk necu sary by adjustments in the Owner's program or Proj- ect budge: .2 required by the eruament or revision of coda, laws or regulations subsequent to the preparation of such documents; or .3 due to ch2ngm required as a result of the Owner's laB- ore to render decisions in 2 timely m2nnef. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qml- iry, complexity, the Owner's schedule, or the method of bid- ding or negothting and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications; and other doctmxn- radon and supporting data, evaluating Contractor's proposals, and providing other services in connection with Lange Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substl- iutions proposed by the Contractor and making subsequent revisions to Drawings, Specifiadon+ and other documentation resulting therefrom. 3.3.5 Providing corsult2tion concerning replacement of Work damaged by Gee or other arse during construction, and fur. nishing srnkcs required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing service in evaluating an extensive number of claims submitted by the Contractor or others in connecion with the Work. 3.3.6 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Prep2ringdocumensfor2item21e,scp2racor5equcntW hills or providing services In connection with bidding, nepla- tkm tar amwmctlon prior to the completion of the Construe - ton Ikhcomens Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 34.1 Providing 2nalyso of the Owncr's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studio. 3.4.3 Providing planning surveys, site evakalkmu or com- pmtive studies of prospective sites. AIA DOCLrENT 0141 • OWNER ARCHITECT AGREEMENT • rouxrEENr11 EDITION' AIA' • 01987 9141.1987 4 YAE AMERICAN INSTITUTE OF ARCDITISM. 17)5 NEW YORK AVENUE, N W.. WASNINGTON. D.C. 70ro6 3.4.4 Providing %pedal survey•%, environmental Aimites and suhnuakns rttpiiml for appnn•ak of goivcmmenal mnhndlies or others laving Imistgctiom over the Prolca. 3.4.5 Providing services Iebdve to future facWdessysterm and equipment. 3.4.6 Providing services to investig: is existing condilkhns or facilities or in make measured drawings thereof. 3.4.7 Providing services tth verify the acconcy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of canstruction performed by separate contractors or by the Owner's awn forces and coordb nation t.f servi, : required in connection with construction perfor i,rd and vyuipmenl supplied by the Owner. 3.4.9 •,viding crviccs in connection with the work of arum stntct manager or separate consultants retained by the Own! 3.4..1 ovi;hng dcailcd estimates of Construction ant. 1C roviding tkuited quantity surveys or Inventories of mate _.:gmj mnu and labor. 3.4.12 •rovlding analyser of owning and orhmting costs. 3.4.13 •Nividing interior design and other similar services rcgm, ., for or in connection with the selcamn, procurement err m .nation or furniture. fumshings and related equipment. 3.4.14 Providing services for punning tenant or rental space. 3.4.15 Afaking mvcsiigatKms, mvcniuries of maieah or equip- ment. or saitatom and deuded appraiab of existing udh= 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during eortsmuction based an marked -up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as resting. adjusting and balancing, preparation of operation and mamtenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Caniftcate for Payment. or in the absence of a fiat Corr tificam for Payment, until final payment is made to the Omtracter. 3.4.19 Providing services of Consultants for other than uchi. tectural, structural, mechanical and elecuhcal engineering pur- tions of the Project provided as a part of Basic Servim. 3.4.20 PNhvidmg any other services not otherwise included in this Agrmment or not customnily furmshcd In accordance with generally acccpmd architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall pmvide full Information regarding requirements for the Prides, Including a program which shall set fonh the Owner's objectives. schedule, constraints and cri. teru, Including space aqulremems and relationships, flexi. bility, expandablWy, special equipment, systems and site requirements. 4.2 The Owner shaU establish and UrAbIC an overall budget for dic Project, Induthng the Construction Ora. the Owner's other costs and rasonable comingeKio related to 20 of these casts. 4.3 If requested by the Architect, the Owner shall famish evi• dealie that Imancial arrangements have been tack 10 fulfill the Owners obligatlo s under this Agreement. 4.4 The Owner dug designate a Representative 2111110 rid to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect In order to avoid Unnmonable delay in the ordesiy and sequential progress of the Architect's wxvkcs. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and k10 informnation shag include, as appiiabk, grades and lines of stress, alleys, pavements and adlolnog property and structures; adjacent drainage; righa•ofway, restrictions, casemems, a a achments, inning, dad restric- tions, boundaries and contours of the site; locations, dimem skins and necessary data pertaining to existing buildings, other Improvemens and it=; and information concerning available utility services and fines, both public and private, above and below grade, including inverts and depths. Ali the Information on the survey shall be referenced to a project benchmark. 4.6 The Owner shag famish the services of gamcchnlcal engl- racers when such services are requested by the Architect. Such services may include but arc not limited to tat borings, test pits, dercrminations of soil baring values, percolation tests, evaluations of haardous maierlab, ground corrosion and Festw tivity tests, including necessary operations for anticipating sub - .soil conditions, with reports; and appnipttate professional recommendations. 4.6.1 Ttic Owner shall furnish the services of other consul- tants; when such services are reasonably required by the acopx of the Project and arc requested by the Architect. 4.7 The owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and rdwns required by law or the Contras Documents. 4.8 The Owner shall furnish all legal. xmhmung and lnsurana counseling services as nay be necessary at any time for the Project, including auditing services the Owner may require to verify the Contnsor's Applications for Payment or m ascenaln how or for what purposes the Contractor her used the money paid by or on behalf of the Owner. 4.9 The services, Information, surveys and repons required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shill he entitled to rely upon the acmraey and completeness thereof. 4.10 Prompt written notice shag be given by the Owner to the Architect If the Owner becomes mvate of any fault or defect in the Proles or nonconformance with the Contract Documents. 4.11 The proposed language of anificata or cerlllcallom requested of the Architect or Architect's MOSUIuns shall be submitted In the Architect for review and approval at kast 14 days prior in execution. The Owner slug not request crnifta- oons; that would require knowledge or services beyond the scope of this Agreement. AIA DOCUMENT 0141 • OWNER ARCJIITECT AGREEMENT • FOUPTEE"I EDITION' AM' ' G19117 5 0141.1987 TIIEAMERI"N INSTITtam OF ARUIITECTS, 1731 NEW YORK AVENUE,NW., WASIIINGTON,D.C. 20006 i .J :J A9 T CLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Constmclion Cast shall tc :h! tmtal cost or esti- mated cost to the Owner of all dements of the Protect designed or specified by the Architect. 5.1.2 The Cnnstructina Cost shall Include the cost at eurrcin market raies of labor and materials fumtshcd by the Owner and equipment designed, specified, xiccicd or Specially provided for by the Architm. Plus a reasmi2ble allowance for the Con in-tur's nrerhad and pmfit. In addition, a Iasonable allow - ,ore for a,inr.igencies shall he Included for market condtiooss a; the time ,a bidding and for changes in the Work during O sinichor 5.:.3 CAnistmclion CnsI does not include the compensation of it nrchiini and Architect's consulums, tiro toss of the Imd. n: •,is.of way. financing or other Boss which are the respon sr,,h:y of the owner as provided In Amick 4. 5._ RESPORSIBIUTY FOR CONSTRUCTION COST 2.1 Fsalumious of the Owner's Project budget, preliminary rcm;mes of Constmetkin Clew and tlouiinl estimates of Gm- „cunn (Ail, if my, prepared by the Architm, represeit the miecfs hest judgment as a design professional familiar with consmicliun industry. it is rccognlaed, however, that net- . c: the Architect nor the Owner has control over the cost of •win, mmcri3Ls or equipment, over the Contnnat's methods .d determining bid prices, or over competitive bidding, marker err negouming conditions Accordingly, the Architect cannot and does not warrant on represent thm hide Or negotiated prices will not vary fnim Bic Owners Prolecl budget tar from any estimate of Qirmmcnon Cost or evalumon prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall tic esublished at a condition of this Agreement by the furnishing, proposal or esabiishmeni of a Project budget, unless such fixed limit has been agreed upon In writing and signed by the panics hcrc(o if rich a ford limit has tx•co established, the Architect shall lie permitted to include contingencies for design, bidding and price esabtiun, to determine what matcUs. equipment, com- ponent systems and ryfcs of cnnsimctiun arc to be included in the Contna D,cumens, in make reawimhle adpmmcnts in the scope of the Prolco and to include in the Gmuract fkicu mems alternate bids in adpm the Comctmcoun Cow to the fixed limit. Fixed limits, If any, Stull IV increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase tins nor commenced within Soo days after the Architect suhmlis the Construction Ikcumcr s to the Owner, any Pmlcct budget or fixed limit of Comstmoinn Gist shall IV adltiwcd t0 rcflcci chmges in the Rental level of prices in the construction industry Between the date of submission of the Consmiction Ducumcnts tic the Owner and the date on which proposals arc Sought. 5.2.4 If a fixed limit of COmtmetiOn Cost (adµsred as pro- vlded In Subparagraph 523) is exceeded by the lowest born ride bid or ncguthicd proposal, the Owner shall: .1 give written approval of an Increase in such fixed limit; .2 authorlrr rebidding or renegotiating of the Project within a rawoablc time: .3 If the Project is abandoned, terminate In accordance with Paragraph 6.3; or .4 cooperate in revising the project scope and quality u required to tedu¢ the Construction Cast. 5.4.5 If the Owner chases to proceed under Clause 5.2.4.4, the Architect, without addilkxW Burge, shag modify the Con - ,net Documents as necessary to comply with the fixed unit, If established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responslbglry arising out of the establishment of a fixed limit. The Architect SW be entlded to compenntinn in accordance with this Agreement for all servka performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECTS DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Spatfiatbus and other documents pm - patted by the Architect for this PmIcet are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain ail common law, slalutory and other reserved rights, including the copyright. The Owner shau he permitted to retain copies, Including repro- ducible copies, of the Architect's Drawings, Speelfiadous and other documents for Infomution and reference in connection with the Owner's use and occupancy of the Project. The Archi- tect's Drawings, Specifications or other documents shin not be used by cite Owner or others on other projects, for addidons to this Project or for completion of this Project by others, unless the ArdIuccl is adjudged to be in default under this Agreement, except by agreement In writing and with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes In connection with the Project is not to be construed as pubuation in deroga- tion of the Architects reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims. disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agree. ment or breach thereof shall be subject to and decided by wbl- tration in accordance with the Construction industry Arbltn- tkan Rules of the American Arbitration Association currettiy in effect unless the panics mutually agree otherwise. 7.2 Demand for whitnllon shall be filed In writing with the other pany to this Agreement and with the American Arbitra- tion Aswcution. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other miter In question has arisen. In no event shall the demand for arbitration be made after die date when IusWutlon of legal or equitable proceedings bawl on such claim, dispute or other matter in ga_srk n would be barred by the applicable statuia Of utridatidxtt. 7.3 No arbitration arising out of or relating to thtt Agreement shall include, by consolidation, joinder or In any other manner, an additional person ar cndty not a party to this Agreement, AIR O0o111ENT Edit • OWNER ARCIIITFCT AGRFFMFNT • ra1RTEEN`m EDMON • AIM • 019117 THE AMERICAN INSTITUre OF AROUTCCIS. 1735 NEW YORK AVENUE, N W. VAiNINGTON, DC 2OW6 01414987 0 exmt ray w•cnten consent conniving : Specific rcicrence to •his Aplccmcm signed by the Owner, Architect, and any other ;, rstm or emity sought to be joined. Consent to arbluration fn:•Dlving an additional person o1 entl or not oe matter In consent to arbitration of any dalm, disPater question not described In the written consent or with a person or entity not named or described thereto. The fofWLtg 29=- ment to arbitrate and other agoeemcns to arbltrne with an additional person or entity duty consented to by the parties to this Agreement AW be specifically enforceable in accordance with applicable law In any court having jurisdiction thereof. 7.4 The award tendered by the arbitrator or arbitrators shall be ,coal amd n judgment my beurt entered upon rag jurisdiction itinds accordance orere with ARTICLE 8 TE6; ;INATION, SUSPENSION OR ABANDONMENT 8.1 us Agreement may be termiruted by either party upon not ic.cs than seven days' written notice should the other party fail sunslmtiaily to perform in accordance with the Icons of this Agicvnent through no huh of tie party inhcting de termination . 8.2 If the Project Ls suspended by the Owner for more than ;n consecutive clays, the Architect shall be Compensated for ser- vises performed prior to notice Of such suspension. When the Project is resumed. the Architect's compensation shall be equF tably adjusted to provide for agxases incurred in the interrup- tion and resumption Of the Archlica's services. 6.3 This Agreement may be icrminaed by the owner upon not less thm seven clays' written notice to the Architect in the event that the Project is Permanently abandoned, If thr Polar is abandoned by the Owner for more than 90 consecutive days, the Architect nay team ilr this Agreement by giving written notice. 8.4 Failure of the Owner tar make payments to the Architect in accordance with this Agramcni shall he consitierd substinful nonperhuroancc and cause for termination. 8.5 If the Owner hits in make payment when due the Arend. trc fur servI m and expenses, the Architect may, upon seven days' written notice to the Owner, suslxnd performance of sir vices under this Agreement. unless Payment in full is received by the Architect within seven days of the date of the ^^nice, the suspension shall take effect wmhnut further notice. Ir me event of a susPnnsinn of scrvaes, the Arebhrct shill havc nu liability to the Owner for delay or damage aused the Owner txcause of such suspension of services. 8.6 in rim event of termmtiun nut the failt of the Architect, the Atchacct shali he compcnsatrd for services ficdormed print n1 termination, mgcDcr with Nclnthuosable F:xjxnses then due. maion F.xyxnscs are in addition tan cumpcnsa Basic and A Mices, and include which arc directly attributable to gem - mnation Expenses shall be computed as a age of the It nation for Ilasir Sciv s Addifloml."icesanred to the All on, as follows: rcent it the lout cmopcnulion 1 h, and Additional , nica11Iemunniun rxcrs ho fur I nc predesign, s1 ysw.i>t a ic Design Phases; err AIA DOCUMENT 6141 • OWNFR ARCIIITEIT AGRP.wA - • FOtIRTEFMII EDITION' AIAR • 019117 To IF A1,1111CAN INSTITUTE Or ARC]IMAM. 1739 NE W YORK AVENUE, N.W., WAAl11NGTON, D.L. amd16 7 B141-1987 Tt of the lour compenvtbn fm Bu F ng any subsrohlent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this AW=nen shag be 8ov erred by the bw or the State of Minnesota. 92 Terms in thb Agreement shall have the come momling as those in AIA Document A201, Genml Conditions of the Con. train for Construction, current as of the date of fhb Agreerrlent. 93 causes of action between the parks to this Agteanenl pcnaining to acts or failures fo act shag be dernued to have accrued and the applicable statutes of limitations shag com- mencc to run not later than either the date of SubstantW Com- pinion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees or the other for damages, but only to the extent cov crcd by property Insurance during construction. except such rights as they may have to the proceeds of such insurance as se forth in the edition of AIA Docurnait A201, General conditions of the Contra for Construction, cavern, as of the date of this Agreement. The Owner and Architect each shag require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, thch partners, successors, assigns and legal rprrxntadvm to the other party to this Agreement and to the Pannets, succes' sors, assigns and legal rcprcanutivm of such other puny with resyxct to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written con• sent of the other. 9.6 Thb Agreement represents the entire and integrated agtee- mcnt between the Owner and Architect and supersedes erg prior ncgnmtbns, rcpresrnutions or agreements, either writ. ten Or oral. This Agreemcm may he amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agrecmenishall Create 2contrac• total rebffonship with or a cause of action In favor of a third party against either the Owner or Architect. 9.6 Unless ulherwise pmvided In this Agreement. the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, mein ai or disposal of or expo- swc of persons to hazardous materials in any farm at the PrOJW site, including but net limited to asbestos. astucwos products, polychlorinated biphenyl (PCU) or other toxic sutavarxcs. 9.9 The Architect shall have the right to Include reproenu- tions of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and profmiomi maedats. The Architect's malariab shall not Include the owner's confidential Or Proprieury Infomutbn If the Owner has previously advised the Architect in writing of J <J the sprci0c Inhlrmatkm considered by dte Owner h7 In con0 dcn]ul or pnrprkluy. The Owner shall provide podcsshim' credit for file Architect on the constn7clbn sign and In thepro. motional mmcrlals for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is de0ned as the direct saljdcs of the Afchllecr's personnel engaged on the Prolc<t and lilt poniun of the cost of their mmdutory and ctutonary con lob,nions and lxneOts related thereo, such as employment tax, •. and other statutory employee l]ancftls, Insurance, sick liar holidays, vaatons, pensions and similar contributions and ucNs. IU., REIMBURSABLE EXPENSES 10.2 1 Runthursabtc Expcases are In additnn ill minima Ilion ..., Iluic and Additional Services and Include exlxaws its, I,.,, d by the Architect and Architeer's employees and con - still ,ors in the intcrat of the Project, as h1cnhfled in the follow. inµ - oases. 1n !.1.1 Exixnsc of tensiwrudon In touncalon with the 1.1. ,rt1; cxPrrnsa in connection with aulhorirad not it( travel; long distance communiatinns; and (ices paid for sccur- luµ approval of aulhurllla having lurbdlnlon over the Project. 10.2.1.2 ExPrnsc of rcproduilluns, Iwsege and hurdling of Utawiugs, Slxeifiatioru and other ductunco . 10.2.1.3 If aul6odlcd In ativmxe by the Owner, exiII a of overtime work requiting higher than rcgnlar rates. 10.2.1.4 L'xlxnse of andruttgs, nu Mel urd mlxkvlw ttque:+led by the Owner. 10.2.1.6 IixPrnse of atldWnnal Insurance coverage or lindls, Including Professional liability hbuljutq requesird by the Owner in excess of that noonjlly caritd by the Aalulett and A«hifcd's conUillants. 10.2.1.6 Exlxnse of ,un'quun aided design cold dtahhtg equipntcnl unx when used m ,Imnttuoo Willi Idle 14ulnl. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An Initial payment as set forth In l4ragraph 11.1 Is the mfinbnum payment under this Agreement. '0.3.2 Subsequent payments for Bole Servlm shall be nude monthly and, where applicable, shall be In proportion to see - vices performed within each phase of smkx, on the basis set forth In Subparagraph 11.2.2. 10.3.3 If and to dle extent that the time Initially aublished In Subpargirg7h 11.5.1 of this Agreement h exceeded or extended through no fault of tee Architect, compensation for any xa- vkes rendered during the ad dhional period of time shall be computed In the manner set forth In Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cast and any portions of the Project are deleted or otherwise not Constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, In accordance with the schedule set forth In Subparagraph 11.2.2, based on (1) the lowest bona fkle bid or negotiated proposal, or (2) it no such bid or proposal is received, the most recent preliminary estbnare of Construction Qbt tar detailed estimate of Construction Cost for such por- Ilma of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Ihymems ran account of the Architect's Additional Servlca and far Rehnbuisablc Expenses shall be made monthly upon praenatlon of file Architect's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall in made from the Architect's com. pensation on account of penalty, liquidated damages or other stuns withheld from payments to contractors, car tan account of t Cast of lunges in the Work other than those for which the Atltilecl has been found to be Rabic. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Ncconls of Reimbursable Expenses and expebes per - wining to Additional Services and services performed on the hash of a mulllple of Direct Personnel Expense shall he avall- able to the Owner or the Owner's authorlmd reprMnullve at mutually Ionvenicnl lima. ARTICLE 11 BASIS OF COMPENSATION The Owner shall mmllixautc the Ard1111ct1 as follows 11.1 AN INII'IAI I'AYA1ENT of NONE Dollars (I shall In male 111xn1 l'%erllihlrl ill fhb ARreruta,t jilt[ ucdited it, the Owods.nuunt at Rlal pjynleul. 11.2 BASIC COMPENSATION 11.2.1 FOR IIASIC SERVICES. as dex illicit to Ano Iv G, nul joy chin sevkc5 titludnl du Abide 12 as pan of Resit Services, Basic 0imlxnsalfon shall In computed a follows. rin,nl Will „/ wml�uwbon, In,I.hl, ,11paW/r,l Ilan, amllydn ry I n I.,,. mJ 44,lift 1'1s'.., m u61,b 7u111auWr m b.,,L, ly 1.1lm apply, I/ MnrtYllp 7 Sec SeeLfon 12 AN, DOCUMENT 0141 • aW'NEM All( Ill]tLr ALMEHit"r - totimi kmni tmin7N • AIAa • OIk17 IIIE AM1PId.AN INAIIIInldI/AMI INI1115, 17il It1.WYUMx AVIm1E.11W, WANIIINIBIIN, tic. nNN, B141.1987 8 11.2.2 'A'hrre mmprnsalinn is haxd on a ttipulatcd error or pacenuge of Construction lkat, progress payments for Bask Servka In ath phae shall total the following percentages of die total lute Compensation payabk: rlaY.r a1J.b,a,a1 pmrn of ar•n/... W'/ W See Section 12 sehcmmic Design Plt=: percent ( %) Design lxvclopmml Phase: percent( %) Construction Documents Phase: percent ( %) Bidding or Negotiation Phase: percent( %) Cotlstrucilim l'hae: -- _—_-- percent( %) Total Basic C.omperlsallon: one hundid percent(100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3 1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICE5, as tksailied In Paragraph 3.2, compensation shag be eom- pWrd as folbws: On an hourly basis, in accordance with Appendix If Blt. 11.3.2 FOR ADDI110NA1. SERVICES OF TIIE ARC:I111 Et;l', a dawtilied In Mkks 3 and 12. other than (1) Addllbna! Project Rcpresenathm, as descrilxd in Paragraph 3.2, and (2) services Included In Article 12 as pan of Additional Services, but excluding ser- vice, of consultants, ctunpc/saihm stall IK computed m hillows: tmn f brut n/ nnyrn,ntl.Yr, uuluJlna rain a,Ubr m011191, nJ Ib1nl 1w..v.f Filn,te /, I hnJ/Wt NW .14n)m and kkWgy Pdr pab wi f dm slo rmplgieo. t/ rryunN /Jon/y apnyb tan+m In ubilb 1n16.uf v n106.11 Ij uwya.wnuY, al ydv. g nnauary J On an hourly basis, in accordance with Appendix I'Bll. 11.3.3 FOR ADDITIONAL SIAIVU 1:5 OF CONSUI:I:ANTS, indilding Addldunal suu001121, meciunial and electric engineering wrvica and ihnx provided under Subparagraph .3.4.17 or Wentnied In Ankle 12 m pan of Additional Services, a MWdple of onus the anunmis billed to the Architect for such scrvlt'a. (IJnwJa yvvp, qua U/uwubunll m.bllJr Il, If rn/ulmll 11.4 REIMBURSABLE EXPENSES 11./.1 FOR RElhilIIINSAIII.E EXI'ENSFS, as dexrilxd In 14ragnph Itl.2, and any niher itcim lnclutkd In Ankic 12 as Reimbursable Expci e.anmltiplc of ( 1.0 ) hires the cxpxiws Incurred by the ArChilM. the ArthlIM'a cinpllyces and coiuullants In the littlest of the Projral. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF'I HE BASIC SERVICES covered by this Agicanenl have nut Ixen nlmplacd wllhln six ( b ) munilu of the date hereof, through no (atilt of the Art huca, cidabitmof the Archlica'sservicabcyond that linteshag be compctwicd a pruvltkd In Subparagraphs IU.3.3 And 113.2. 11.5.2 Payments arc due and payable thirty ( 30 ) days from die darn of the Architect's invoice. Ainounis unpaid thirty ( 30 )days alter the Invoice turn shall liear Truest at the rate entered below, or In d¢ abxace thercuf m like IrgAl rate prcvAiiing front Ilse it) title at itic principal puce of bminas of doe Architect. (htl..f rNa r,/minal aArMu/ax11 10 percent per annum. Nlmry Wavnl rly„bnnrnit u,uL+llr 1.f It 71.11hur lnWlna Ad, amlho rbm wu/Ind.......,,nbllYua a,WdbrfrXdaikw Nib, 0~'I andAnbb v "I/IIN..,t 1�CYt/IMt./AI AnYW., ly IW/Y,ynI YnJ rIINAn/1,rOY WIn/IM,Wl,lllyry IAIIpMV1M1115/n1/k leadrWvi[a 16uJd bf tdrNlthJWlb rn/nn/ lY hMlhmf w auJ,JAaflwtl, and YW1 naeNma rryubrn,mb m,b m lanlrn J,uhuwn Ice urWnnl AIA Dea11ENT 0I4/ . t1%Wit AmiII l tr.r A6MkkNttir • Foutti EFMII litHTIDN a AIM a 01967 9 9141-1907 IIII AN MIt A 14 ItA111111 k tit AM 1111 tC I h, 1711 NEW Yf IMx AWHIIE, N W. WAn11NGTO11. D C. 20006 11.5.3 I"he lalea aId mmhipin sct forth for Addillomi Servkes shill IIe effective until March 71, 1994 and, thereafter, Adjuet in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Inv.! rh(rl(rtnuu rrf jdM tin*n, ,dml%y A&MsIAnud JnN,n Irnlnam u11bb, l4ak riun/,m,NAw and wd/fkalbm b MM payrnaa a,daanpamWAar Irmo nnbulN I,, Ill, Aammmt) See page 11. This Agrccnlcnt urtc(ed into u of the tlay and yar first wrillcn a1N)vc. OWNER CITY OF HOUNDS VIEW (Slsnanue) (I'dmird ,mme and Mlle) ARCIII"IECr BONESTR00, ROSENE, ANDERLIK 6 �1 ASSOCIATES, INC. tk _L (.tily,mlu ei _ Marvin L. Sorvala, President (11,6nnl alma and Mlle) mA DoewmExT sm. owNla AN( nI tFur Afemm I• H1119M.Ml1I tlltlloN• AIM •01987 7119 AMPXn AN IN11111111' (IF AN( IIIIrr Tf I RS Haw Tnaa lYHimP N w wAsilm oll.n(: lmub 0141'11il7 10 Article 12 12.1 Scope of Architect's Services 12.1.1 The Architect is responsible for meeting only written Owner instructions, written design and construction criteria, written review comments, and written contract modifications; the Owner's Building Code; and the Owner's Zoning Ordinance. The Owner must notify the Architect in writing at the beginning of the Project of any other Owner requirements or regulations that apply to the Project. 12.1 2 Schematic Design Documents are not part of the Contract. The Owner has provided the building floor plan as shown on altached Exhibit I. The Architect will base Design Development on this sketch. We understand the Owner has reviewed the Boor plan with the Building Inspector and Ihat the Owner's floor plan meets all aspects of the building code. 12.1.3 Before proceeding to the succeeding phase of Basic Services, the Owner's written approval is required at: 1) Acceptance of Design Development Package 2) Acceptance of Final Plans and Specifications for Construction Documents Phase 12.1.4 During the phases of Basic Services identified in Sections 2.2 through 2.5, called "Design", Architect shall make not more than the following site visits for meetings with the Owner: 1) Design Development Phase ......... 2 visits 2) Construction Documents Phase ...... 2 visits 3) Bidding or Negotiation Phase ....... I visit 12.2 Compensation ezv r1,cl-;- 12.2.1 For Basic Services consisting of those described m Sections 2.3 through 2.5 ("Design'), Owner shall pay Architect the stipulated sum of __ . This is based on the floor plan as shown on Exhibit I plus the basement reslrooms. Moveable partitions and furnishings are not part of the design. 12.2.2 The Design fee shall be divided among the phases for Basic Services as follows: Basic Services Phase Portion of Design ree Design Development ............................ 30°/r, Construction Documents ......................... 63% Bidding or Negotiation .......................... 7% 'IY ,111ki................................. 100% r„rAiA, 12 2.1 During the Construction Phase, the Architect will he availablefor consultation with the Owner or this Owner's Representatives for purposes of clarification, interpretation or modification of Construction Documents. Compensation for these is included as part of Basic Services set forth in Section 12.2.1. 12.2.4 At the Owner's request, Architect will make site visits during Design in addition to those noted in Section 12.1 for payment on an hourly basis, plus reimbursable expenses. 12.3 Omissions by Architect Omissions by Architect in the Owner -approved Construction Documents may require additions or changes to the Project and/or the Construction Documents during construction. Solutions to address such omissions not governed by Section 3.3 will be negotiated with the Contractor as Change Orders for approval by the Owner. The construction cost of these Change Orders, whether or not components of the Contractor's original bid, shall be paid by the Owner and not by the Architect. Architect's sole liability to the Owner for omissions shall be to prepare Change Orders as a part of Basic Services and not as Additional Services. 12.4 Insurance The Architect agrees to maintain professional liability insurance with an insurance company in good standing, insuring payment of damage for legal liability arising out of the performance of professional services for the Owner, in the insured's capacity as Architect, if such legal liability is caused by error, omission, or negligent act of the insured or of any person of organization for whom the insured is legally liable and responsible, in the sum of not less than S1,000.000 annual aggregate, on a claims -made basis, as long as such insurance is reasonably available under standard policies at rates comparable to those currently in effect. Such insurance cannot be cancelled until thirty, days after th Owner has received written notice of the insured's intention to cancel the insurance. � t 12.5 Indemnification To the extent permitted by law. the Architect shall indemnify and hold harmless the Owner and its officials and employees from and against all claims, damages, losses, or expenses, which the Owner may suffer or for which it may be held liable arising out of or resulting from the assertion of any claims. debts, or obligations as a result of the alleged negligent performance or lack of performance of the Architect's obligation under this agreement, �. provided that the alleged negligent performance or lack of performance is solely that of the Architect and no other person. To the extent permitted by law, the Owner shall indemnify and hold harmless the Architect ,.,and its agents and employees from and against all claims, damages, losses, or expenses, which the Architect tray suffer or for which it may be held liable arising out of or resulting from the assertion of any claims, debts, or obligations as a result of the alleged negligent performance or lack of performance of the Owner's obligation under this agreement, provided that the alleged negligent performance or lack of performance is solely that of the Owner and no other person. rI2,uA 12 Appendix "A" Scope of Project 1. Project Title City [fall Addition and Remodeling 2. Project Location At Owner's existing City Hall, 2401 Highway 10, Mounds View 3. Project Function City Ilall 4. Building Size Approximately 3760 square feel one-story building addition to existing City Hall 5. Preliminary Opinimr of Probable Construction Cost Base bid $393,000 not including utilities and site work beyond five feet past the building perimeter. Selected options of basement restrooms and windows in existing walls adds $25,000. Owner should establish an allowance of up W 3-5 percent of the construction cost of the Project for Change Order addilions to the work during construction. 6. Major Materials of Constriction Brick facing on concrete block frame. 7. Architectural program Components Building components are illustrated on a preliminary Boor plan sketch provided to the Architect by tle ()oner :uul "'elude: 1) Office addition for administration and parks department 2) Garage addition 3) Iiemodel existing water treatment plant space for police department 4) Remodel existing garage space for evidence room and conference room 5) Upgrade existing police department space 6) Add res(rooms in basenrenl 7) Add proposed windows as shown on plan 8) Add cabinets in old file rooms near south stairwell 13 pWAiw S. Site Work and Utilities All required site improverneuts--grading, drainage, utilities, access roads, parking, and landscaping --are not included as part of the Project. The owner will provide these improvements under separate contracl(s). Id KciUAi,v _ u2=ea ecoa 9.E. QLnST r OR COL-?(CIL COri,IDE` k71"_0N 3oc�:iu_ar. 93-645C ?amrJs�; 10-7-93 Scecai Orterai3usiness '_ ?•�hiic =earns C" COL.NC.L.m=-,LVGDA 2 BIR 11, 1993 _ Coasencezr=gs Cauncl3umress ;cam 7esc:77.ar.: Consideration of Resolution No. 4427 Approving a Charitable Gambling License for a One -Day, Off -Site lawful Gambling Permit for the St. Paul .;d:1:.:sc�cors nsvnew,P.ama=endacon: •�, Va canm:enu tall. :'.ns reaor. Canimenn ar3c'ed. 3=tanacariSuaaar7 (erica =*eceac fueeu u ae¢sauy) 1,T'1.? R`r: The St. Paul Clown Club, Inc. has made application eventthe Listing Mity of ounds View to hold one -day at thefBel-Raelawful Ballroom. gambling bingo and pull tabs All necessary paperwork has been filed with the City of Mounds View. This event will take place on April 22, 1994. If the application is approved or denied, the Cityardwithinis 1ll 3O dayslofdthe to submit a resolution to the Gambling date the application was received by the City. This application was received October 6, 1993. RESOLUTION NO. 4427 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CHARITABLE GAMBLING LICENSE FOR A ONE -DAY, OFF -SITE LAWFUL GAMBLING PERMIT FOR THE ST. PAUL CLOWN CLUB, INC. WHEREAS, the St. Paul Clown Club, Inc. has submitted an application to the City of Mounds View for a one -day, off -site lawful gambling permit; and WHEREAS, the St. Paul Clown Club, Inc. has requested to hold this event at the Bel -Rae Ballroom, 5394 Edgewood Drive, in the City of Mounds View on April 22, 1994; and WHEREAS, the St. Paul Clown Club, Inc. will conduct bingo and pull tabs; and WHEREAS, all paperwork regarding this event and application has been properly filed with the City of Mounds View. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View that the St. Paul Clown Club, Inc. is in the approved to hold a one -day, off -site bingo/Pull City of Mounds View at the Bel -Rae Ballroom on April 22, 1994. Adopted this llth day of October, 1993. ATTEST: Mayor (SEAL) City Administrator hfinnesota Lawful Gambling Application for Authorization for Exemption from Lawful Gambling License Fill in The unshaded patrons of Ibis applicaam for exampban and sand it in of /out 45 dope before yourgambling acovltylorprocosang. Name and Address of Organization Organtalbn Name I Cunentpmoue lbsroe number I Cumrforsomexerrptnumber n'•V St- Dg 1 `In 59+1fN Rnmc 12 IF civil Eaeculhe Cllba Daylvn, Pborr Nunaer Treasurer Daylms Photo Number �,f Freiermuth (61)l 489 3534 John rlffeldt 612) 6310614 Type of Non-projrt Organization (Check the boa that Indicates, your proof of nonprofit Chock the box below which indicates your type of organization status and attach a copy of the proof to the application. C Fraternal IRS designation _ Veterans ( Certification of good standng from the Minnesota Religious Secretary of Statel office 5 ( Othernomprafit Ir Affiliate of parenlnonprafitorganirabon(charter) Gamblina Site Name oI sae wnere a v ry roll lake pace BIW,I clry••••••••••••••••Tormsrq sloe zV ads cauny a1N _ _ _ _ _ i Ratti Dale(a) Of Wyatt (for Mln, bdkafe the (111e of I .;pril 22/1994 Types of Games camels) Gross Bingo _— Raffles 'inanctal Report Including Pdaa Nat Profit Martel valve of Prise (Including Donations and cash) .5 225.00 Paddlewheels = L I Tfpboards Pull -tabs -x 1 declare all information submitted to the Oeflator IWm whom ganaaq equipment was Purchased Gambling Control Board is true, accurate, 6utors license nemW, and complete. 'Boom Is sue. accurate. and complete. I Cora EleaullW Officers signature Oats Chief Eaecullvo Omcers signature Date Local Uitit of Government Acknowledgment I nave received a copy of the appYWllon. The application viol Wrevewe0 by the Gamblag cantor goad and vial Wamaanearre 30 days it= the WAS of recepl by the city or couray. unless IN WA uM of gavemnere passe a tnoWWn to speallcalr/ prohbl the ad". A copy of Ing refoWbn n be W elvel by IW Gambeng Caarol Boam wahn 30 Nys of IW data tiled In W bw. Clln d IW Inl tlass hrva Ii0 OM b wtetlt to dsabw IW atlNey. city or county Tairri Township is city of a rums r To^rdndwhe Corganized Idaf i c i unorganized' s; to Warn application slgmlun at penon Starting appicaton i unincorporated' 'Attach leter Tile - a v Dale Waned lips ode Received ni rl I b rhis form will be made available in alternative format (i.e. large print. braille) upon request. 'b"rJ Mail with $25 permit fee and copy of proof of nonprofit status to: Gambling Control Board 1711 W. County Rd. B, Ste. 300 S. Roseville, MN 55113 White - Original Yellow • Board returns to Organization to complete shaded areas ,,ate of Minnesota SECRETARY OF STATE Certificate of Good Standing I, Joan Anderson Growe, Secretary of State of Minnesota, do certify that: The corporation listed below is a corporation formed under the laws of Minnesota; that the corporation was formed by the filing of Articles of Incorporation with the Office of the Secretary of State on the date listed below; that the corporation is governed by the chapter of Minnesota Statutes listed below; and that this corporation is authorized to do business as a corporation at the time this certificate is issued. Name: Saint Paul Clown Club Inc. Date Formed: 03/20/1950 Chapter Governed By: 317A This certificate has been issued on 10/04/93. Secretary of State. Agenda Seron: 9. F. REQUEST FOR CODICIL CONSIDER 4TION 3eoor Yua er. 10-749 Repor. Dare: S + T REPORT CauaclArom Speeal Order of 3umreee ?�6ife Hear:ags C.T COL VC3 YtEETP.IG DATE OC ODBR 11, 1993 _ CatiencAgenda 0 Cauncl 3uarneee em Deec.-pron: Consideration of Utility Construction and Use Mreenent Between Mounds vicw- tration - Minnesota Dept. of Tdministration Facilities JArden hills - Minnesota Dept. of Aclninis Ad=n smcor9 3e"aw/Recomraenoarwn: . No commend :o auepiemenc :his renorc - Cammenm iraci:ed. :cplananorJSummarl !&Hach mppiemenr sheen as :ems»/•i gJI'NI ARY: Last year the State of Minnesota approached the City of Mounds View with a request to extend public water utilities from a Mounds View water main to the State owned property east of 35W and County Road J. The intended use is for the Driver's Testing Center and the State's Government Surplus Center. The cost of eextensin Minnesota. The City ofMoundsViwould ewwou d sentirely ell its water to the State State of The preliminary discussions were held this Spring with agreement from the Council (at a Work Session) that the action would be beneficial to the City of Mounds View. State law does not require a formal agreement in cases such as this, the only requirement is that the city providing the water and the main source inform the "jurisdictional" city (Arden Hills) that the connection will be made. This was done in the Spring. However, in order to assure both cities that the State is performing as agreed upon informally, the attached Agreement has been drafted jointly by the attorneys of both cities and addresses the concerns of Arden Hills that, at some future time, the State (if funding is received) connect to Arden Hills water source. Also, they want to be notified on a yearly basis of how much water the State is purchasing from Mounds View. The agreement further protects both cities from construction liabilities and provides for appropriate compliance regulations. Arden Hills has approved the Agreement and our City Attorney has signed off on the Agreement. Samantha ty Administrator RECOMMENDATION: Motion to approve the Agreement and authorize the Mayor and the City Administrator to execute said Agreement on behalf of the City of Mounds View. UTILITY CONSTRUCTION AND USE AGREEMENT MOUNDS VIEW-ARDEN HILLS-MINNESOTA DEPARTMENT OF ADMINISTRATION MINNESOTA DEPARTMENT OF ADMINISTRATION FACILITIES ON COUNTY ROAD I PARTIES This Agreement is made and entered into this day of 1993, by and between the City of Mounds View, a statutory city under the laws of the State of Minnesota (herein "Mounds View"); the City of Arden Hills, a statutory city under the laws of the State of Minnesota (herein "Arden Hills"); and the Minnesota Department of Administration for the State of Minnesota (herein "State"). RECITALS State owns certain property within Arden Hills (herein the "State Property"). It is currently more economical to extend public water utilities to the State Property from existing water mains located within Mounds View than to have such mains extended from existing locations within Arden Hills. The current location of public water mains in Mounds View and the State Property located in Arden Hills are illustrated on Exhibit A attached. The connection from the existing Mounds View water main to the State site shall be referred to herein as the "Public Water Facilities". CONSENT Arden Hills consents to the extension of the Public Water Facilities from the Mounds View water utility to the State Property pursuant to the terms and conditions of this Agreement. TERMS AND CONDITIONS In consideration of the mutual undertakings herein expressed, the parties agree as follows: 1. CONSTRUCTION OF PUBLIC WATER FACILITIES AND INSTALLATION OF WATER METERS. State, at its cost, shall extend and construct Public Water Facilities from approximately the intersection of I-35W and County Road I within Mounds View to the State Property located approximately at the Southeast quadrant of County Road I and Cleveland Avenues within the corporate limits of Arden Hills and, in addition, at its cost, shall purchase and install water meters as required by the Mounds View engineer, which meters shall, thereafter, become the property of Mounds View. Such construction shall be according to plans and specifications approved by the Mounds View engineer. All permits required in order to construct such Public Water Facilities shall be obtained by State. CONSTRUCTION "AS BUILT SURVEYS". Upon completion of construction, State shall provide Mounds View and Arden Hills with construction "as built surveys" containing and properly illustrating all information required by the Mounds View and Arden Hills engineers. Such construction "as built surveys" shall be attached as Exhibit A upon availability. INSPECTION. The Mounds View engineer, or its designated representative, shall be allowed to inspect the Public Water Facilities at reasonable times during the period of construction and thereafter upon twenty-four (24) hours written notice to State. 4. RESTORATION, MAINTENANCE AND REPAIR. State, at its cost, shall restore, to the satisfaction of the appropriate public body, all right-of-way utilized during the period of construction. State shall maintain the Public Water Facilities in good working order. PERMITTED CONNECTIONS. Only those buildings located on the State Property as of the date of this Agreement shall be allowed to connect to the Public Water Facilities unless written permission for additional connections is given by the Mounds View and Arden Hills engineers. CONNECTION AND USER CHARGES. Prior to connection of buildings to the Public Water Facilities, State shall pay to Mounds View all connection and user charges required by the Mounds View engineer. An estimate of such charges, signed and dated by the Mounds View engineer and a State representative, containing the agreed upon charges and method of payment for such charges, is attached as Exhibit "B". Mounds View shall bill the State and the State shall pay to Mounds View connection and user charges as incurred by the State. RECORD OF USE. Mounds View shall provide Arden Hills with an annual record of the volume of water used by the State in each calendar year. CHANGES IN PROPERTY USE OR ZONING. State shall notify Arden Hills and Mounds View of any changes in the zoning or use of the State Property which will affect the connection charges and use charges imposed by this Agreement. COMPLIANCE WITH MOUNDS VIEW REGULATIONS. State hereby agrees to comply with all Mounds View regulations relating to the use, operation, inspection or repair of the Public Water Facilities. 12 10. WAIVER OF CLAIM AND RESERVATION OF RIGHT. State agrees to waive any claims against Mounds View and Arden Hills arising from the construction, use, or any malfunction of the Public Water Facilities, except to the extent that such claims arise from the negligence or otherwise wrongful act or omission of Mounds View or Arden Hills. By entering into this Agreement, the State does not waive any of its rights, privileges or immunities. 11. INSURANCE AND PERFORMANCE BOND. Prior to construction of the Public Water Facilities, State shall require that its contractor provide Mounds View and Arden Hills with an insurance certificate, acceptable to each City's attorney which shall indicate as a minimum: 11.1 That Mounds View and Arden Hills have been named as additional insured parties on the State contractor's policy. 11.2 That State's contractor will have, in force, during construction, the following minimum insurance coverages for Public Bodily Injury and Property Damage: a. Public Bodily Injury: S250,000 for each person $600,000 total injuries for one occurrence. 11.3 11.4 b. Property Damage: $100,000 for one occurrence $200,000 total damages during policy period $100,000 automobile damage for each occurrence. That the insurance policies may not be terminated without at least 10 days written notice to insured parties. State shall provide Mounds View and Arden Hills with copies of its Contractor's Payment and Performance Bond. REMEDIES. The remedies for violation of any of the terms of this Agreement are as follows: 12.1 All parties preserve legal and equitable remedies that may be available to them. 12.2 Any party may seek to terminate this Agreement pursuant to the provisions of Section 15 herein. 13. AVAILABILITY OF ARDEN HILLS FACILITIES. If after State has amortized the costs of this project; or, after ten (10) years from the date hereof, whichever occurs sooner, Arden Hills extends its own water utility system so that it is adjacent to the State Property, the State will request that the legislature provide funding to connect, at the State's cost, to the Arden Hills water utility system. Arden Hills shall provide State with reasonable advance notice of its intent to extend its water utility system to serve the State Property. When Arden Hills extends its water utility system adjacent to the State Property and the legislature provides funding to connect to the Arden Hills system, the State shall submit plans for the disconnection and new connection for the approval of the engineers for Mounds View and Arden Hills respectively. Upon connection to the Arden Hills water utility system, the State shall comply with all regulations and charges relating to use of the Arden Hills water utility system. 14. EFFECTIVE DATE. This Agreement shall become effective upon its execution by each of the parties. Each party shall provide the other parties with a certified copy of the party's action authorizing execution of the Agreement. This Agreement shall continue until terminated as hereinafter provided. 15. TERMINATION. This Agreement may be terminated under the following circumstances and pursuant to the following procedures: 15.1 If the State violates the terms of this Agreement and such violation is not corrected or resolved within ten (10) working days after the State receives written notice of such violation from Mounds View, Mounds View may notify the State of its intent to terminate the Agreement within thirty (30) days of such termination notice. Prior to the expiration of said thirty (30) day notice period, the State may seek judicial review of the proposed termination. Mounds View shall not disconnect the State Property from its water utility system until such judicial review has been completed and a final decision has been issued by the Court. The State's payment obligation shall continue up to the date of disconnection from the Mounds View water utility system. 15.2 The State may terminate this Agreement by providing thirty (30) days written notice to Mounds View and Arden Hills that it intends to disconnect from the Mounds View water utility system. The State shall disconnect at its own cost and in accordance with the directions of the Mound View engineer. State's payment obligation shall continue up to and including the date of disconnection. 15.3 If Arden Hills extends its water utility system so that it is adjacent to the State Property; and, either the State fails to request funding from the legislature to connect to the Arden Hills system within one (1) year of such extension, or the State receives funding from the legislature but fails to connect to the Arden Hills system within one (1) year of such extension, Arden Hills may terminate this Agreement by providing thirty (30) days written notice to Mounds View and the State. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed. CITY OF MOUNDS VIEW Dated: By: Jerry Linke Its: Mayor Dated: By: Samantha Orduno Its: City Administrator Pursuant to authority granted by its City Council on the day of , 19_ APPROVED AS TO FORM: Attorney for Mounds View Dated: CITY OF F RDENH/IILLS / ,(y/ By: o GlaiY ^^ Thomas Sather Its: Mayor Dated: By: Dorothy Person Its: City Administrator Pursuant to authority granted by its City Council on the day of , 19 APPROVED AS TO FORM: Jerome P. Filla Attorney for City of Arden Hills Dated: APPROVED AS TO FORM AND EXECUTION: Assistant Attorney General Attorney for the Minnesota Department of Administration b/j/modot.agr B/9/93 MINNESOTA DEPARTMENT OF ADMINISTRATION By: Robert A. Schroeder Its: Acting Commissioner .AVr.= Sec —on: 9 . G. REQUEST FOR COLNICM CONSIDEILMON ?spar Yumber.93-697C Rapor. Data: 1 ..� STAFF REPORT Ca=c:1 Ac_'on: Specal Orderol3anress ? pipe eann43 CT: C0L^(C1L.MEETL'YGDATE OCIOBER 11, 1993 _ Cansenz..genda E CounclBUMnes3 ;tam Descr:peon: Consideration of Authorizing Execution of Purchase Agreements for Golf Course Properties Admsmscmtar3 Ue aw�Recommandanon: No comments to supplement :his report Cammenm i=ched. -XplanariomSummarl (Atmtcl mppiemsat sheen u seaysr/•1 qTT�nJA RY- Negotiations have concluded for the purchase of the additional property for the proposed golf course site. The provisions of the land acquisition were discussed at the October 4th Work Session and finalized at the October 7th meeting of the Golf Course Task Force. The purchase price of Lot 16, Blaine North Star Industrial Park is $204, 504.80. The purchase price of the 2 1/2 lots of Doug Watson's property in Mounds View is $356,604.94 for a total land acquisition cost of $561,109.74. In addition to the land, the City will pay the pro -rated taxes on Lot 16 from September 20, 1993 to the end of the year and as per State law, the City will be responsible for the taxes on all the properties for 1994 (these would be 1993 taxes, payable 1994). The land acquisition costs will be funded out of the proposed Revenue Bond, the taxwill be paid urse from the Revenue Bond .oThe purchase fisocontingent oupon t completion Fund and proceeds of the bond sale. ty Motion to waive the reading and approve Resolution No. 4432 Approving the Land Acquisitions for the Proposed Golf Course and authorizing the Mayor and City Administrator to execute the Purchase Agreements. RESOLUTION NO. 4432 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE ACQUISITION OF LAND FOR THE PROPOSED GOLF COURSE AND AUTHORIZING EXECUTION OF PURCHASE AGREEMENTS WHEREAS, the City appointed a Golf Course Task Force in 1992 to develop plans and financing methods for a proposed municipal golf course in the northeast quadrant of the City; and WHEREAS, the Golf Course Task Force, over a period of 14 months has determined that a profitable and challenging 9 hole executive golf course and practice range can be constructed with the purchase of additional land; and WHEREAS, upon the recommendation of the Golf Course Task Force, the City authorized negotiations to proceed for the acquisition of additional land; and WHEREAS, a purchase price has been negotiated for the additional land for the golf course site as defined as: Lot 16, Blaine Northstar Industrial Park and Lots 5, 4, and the southern half of Lot 3, Preliminary Plat of the Mounds View Northstar Industrial Park Industrial Park in the amount of $204,504.90 for Lot 16, and $356,603.94 for Lot 5, 4, and the southern half of Lot 3 for a total purchase price of $561,109.74. NOW, THEREFORE BE IT RESOLVED THAT the City Council does hereby approve the purchase of additional land for the proposed golf course, subject to the provisions of the purchase agreements and does further authorize the Mayor and City Administrator to execute the final purchase agreements. Adopted this filth day of October, 1993. ATTEST: (SEAL) City Administrator =EP =J "L2 :-0=.- DRAFT "Lot 16" REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made and entered into as of this day of September, 1993, by and between ("Seller") and CITY OF MOUNDS VIEW, a Minnesota municipal corporation ("Buyer"). RECITALS A. Seller is the owner of certain land ("Property") in the City of Mounds View, County of Ramsey, State of Minnesota, legally described as follows: Lot 16, Blaine's Northstar Industrial Park. B. The Property is vacant, undeveloped land. C. Seller desires to sell, and Buyer desires to purchase, the Property, subject to the terms and conditions of this Agreement. KTO ai SF.tii � In consideration of the mutual covenants made below and other good and valuable consideration, the parties agree as follows: 1. Offer and Acceptance. Seller agrees to sell and Buyer agrees to purchase the Property, subject to the terms and conditions of this Agreement. The Property is vacant, undeveloped land, and there is no personal property included in this sale. The chain link fence on the property is included in the sale. 2. Purchase Price. The purchase price for the subject property ("Purchase Price") shall b $$204,504.90 and shall be payable in full at closing. 3. Title Matters. Upon execution of this agreement, Buyer shall obtain a title commitment for an owner's policy of title insurance from the title company of its choice. Buyer shall be allowed 20 business days after receipt of the title commitment for making any objections, which shall be made in writing or deemed waived. Seller shall have 60 days after receipt of Buyer's written objections to make title marketable. Pending correction of title, payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shall perform this Agreement according to its terms. 3.1. If the Seller proceeds in good faith to make title marketable but fails to do so within the 60 day period, Buyer may terminate this Agreement without any liability on its part, in which event the Ear-ast Money paid hereunder shall be promptly refunded to Buyer. 3.2. If Seller fails to make title marketable within the 60 day period due to 9ellur'a fanuru to proceed in good faith, or, if title Is marketable but Sonar dufoulta in Its obllgatlonu under this Agreement, Buyer may seek any of the following re.medles permitted under lew: (a) proceed to closing without waiver or merger in the deed of the objections to title and seek damages, costa and attornoy'a feua from Suller for recovery of the costs of curing the objections to title (damagaa may include an award in condemnation, and all J.n Sslti W125-11 -OLMES . 'ci'n,01 P.3 expert witness, appraisal, and attorney's fees incurred by Buyer, if the objections are cured through exercise of Buyer's eminent domain powers) ; or (b) terminate this Agreement by notice to Seller, in which event the Earnest Money paid hereunder shall be promptly refunded to Buyer; or (c) seek damages from Seller including costs and reasonable attorney's fees, as permitted by law; or (d) seek specific performance of this Agreement, provided that the action is commenced within 6 months after the cause of action arises. 3.3. If title is marketable or is corrected within the 60 day period and Buyer defaults in any of the agreements herein, Seller may terminate this Agreement, and on such termination all payments made hereunder shall be retained by Seller as liquidated damages, time being of the essence hereof. The termination period for a Notice of Cancellation of this Agreement shall be 30 days as permitted by Section 559.21, Subd. 4. 4. Conditions to Closing. The closing of the transaction contemplated by this Agreement and the obligation of the Seller to sell the Property and of the Buyer to purchase the Property shall be subject to the following conditions: 4.1. Buyer shall have determined on or before the Closing Date that it is satisfied, based upon the results of and matters disclosed by any environmental or soil investigations or testing of the Property, that there are no environmental or soil conditions that would interfere with Buyer's proposed use of the Property as a storm water drainage pond. Buyer and Seller each acknowledge that environmental contamination of any kind would interfere with Buyer's proposed use of the Property. 4.2. Buyer shall have reviewed and approved title to the Property pursuant to Section 3 herein. 4.3. Buyer shall have received proceeds from the Revenue Bond sale that is being used to fund the acquisition of the Property by Buyer. The above contingencies are for the sole benefit of Buyer, and Buyer shall have the right to waive those contingencies by giving written notice to Seller. If the contingencies set forth in this Section have not been satisfied by the Closing Date, Buyer or Seller may terminate this Agreement by giving written notice to the other on or before the Closing Date. If this Agreement is so terminated, the Earnest Money shall be promptly returned to Buyer, except as otherwise provided in Section 3 herein. 5. Environmental and Soil Investigation. Buyer and its agents shall have the right, at its sole option and risk, to enter the Property for the purpose of testing soils, surveying, or doing other such work as may be necessary to determine the suitability of the Property for uses by the Buyer. If Buyer investigates and tests the Property pursuant to this Section, Buyer shall pay all costs and expenses of such investigations and testing and shell hold Seller harmless from all damages and liabilities arising out of Buyer's activities. Upon request of Buyer, Seller shall also permit Buyer to review all environmental reports and files, if any. reLatin¢ to the Prnperty and in sgner'u poasasston. 6. Real Estate Taxes. On or before the Closing Date, Seller will pay all delinquent real estate taxes, ponaitiou and lntorest, If any. Real estate taxes ST599)1 IN125-1: 'a "=3 1.:E? nC•L;IES .i inFi. Eil P.J 6. Real Estate Taxes. On or before the Closing Date, Seller will pay sll delinquent real estate taxes, penalties and interest, if any. Real estate taxes payable in the year of closing will be prorated between Buyer and Seller as of September 20, 1993. Seller warrants that real estate taxes payable in 1994 are non - homestead. 7. Special Assessments. On or before the Closing Date, Seller will pay all installments of special assessments certified for payment with real estate taxes payable in the year of closing. Seller will pay on the Closing Date all other special assessments levied as of the date of this agreement. Seller represents that it has not received a notice of a pending public improvement project from any assessing authority. If a special assessment becomes pending after the date of this Agreement and before the date of closing, Buyer may at its option: (a) assume payment of the pending special assessment without adjustment to the Purchase Price; or (b) declare this Agreement null and void by notice to Seller, and all Earnest Money paid under this Agreement shall be returned to Buyer. Closing. 8.1. The closing shall take piece at City Hall in the City of Mounds View on or before November 1, 1993 or at such other time and place as may be agreed to by the parties in writing ("Closing Date"). 8.2. On the Closing Date, Buyer shall deliver to Seller the Purchase Price and Seller shall deliver to Buyer possession of the Property, and shall execute and/or deliver to Buyer: a) A duly executed general warranty deed, conveying marketable title to the Property to Buyer, subject only to: (1) building and zoning laws, ordinances, state and federal regulations; (ii) utility and drainage easements which do not interfere with Buyer's intended use of the Property as a golf course; (iii) restrictions which do not interfere with Buyer's intended use of the Property as a golf course. b) A duly executed affidavit regarding partnership. c) A receipt evidencing payment of real estate taxes for which payment was due prior to the Closing Date. 8.3. Seller shall pay at closing: (a) state deed tax applicable to the transfer of the Property to Buyer; (b) conservation fee; (c) all recording fees and charges relating to the filing of any instruments required to make title marketable; (d) title insurance fees, other than insurance policy premiums; and (e) a letter stating that Victor Break, Jeff Break and Break shall each receive a lifetime pass for one round of golf per day on the golf course that is constructed on the Property. The passes are not transferable to any other party and shall automatically terminate on death. 8.5. Buyer shall pay at closing: (a) recording fees relating to the flting of the Deed from seller; and (b) ritle Insurance premiums, if any, and title company closing foe, If any. JJ:SVI): Kul ls-11 --J 33 1--OUtE3 : 6FH.EN P. 9. Covenants, Representations and Warranties of Seller. 9.1. The signatories to this Agreement represent that they are partners of the Seller and that they are authorized to execute this Agreement on behalf of Seller. 9.2. Seller shall take no actions to encumber title to the Property between the time Seller acquires the Property and the time the Deed is delivered to Buyer. 9.3. Seller warrants that it has not used the Property for the storage of hazardous substances or petroleum products and, as of the date of execution of this Agreement, is not aware of any facts the existence of which would constitute a violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act or the federal Comprehensive Environmental Response, Compensation and Liability Act. The foregoing is applicable only to Seller's actual knowledge of facts, and Seller represents that Seller has made no independent investigation of the Property. 9.4. Seller warrants there is a single right of access to the Property from a public right of way. 9.5. Seller warrants that there has been no labor or material furnished to the Property for which payment has not been made. 9.8. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. 9.7. The warranties made in paragraphs 9.1, 9.2, 9.4, 9.5 and 9.6 shall survive until one year after the date of closing and delivery of the deed. The warrany made in paragraph 9.3 shall survive until three years after the date of closing and delivery of the deed. 10. Covenants, Representations and Warranties of Buyer. 10.1. Buyer is a municipal corporation under the laws of the State of Minnesota and has the power to enter into this Agreement and carry out its obligations hereunder. The signatories to this Agreement represent that they are authorized to execute this Agreement on behalf of Buyer. 11. Well Disclosure. Buyer acknowledges receipt of a well disclosure statement from Seller, attached as Exhibit A to this Agreement. 12. Broker Commissions. Seller and Buyer represent: that neither party has engaged the services of any realtor, broker or other person who would be entitled to a fee or commission in connection with the sale of the Property. 13. Miscellaneous 13.1 This agreement represents the complete and final agreement of the yartiea and suparscdee any prior oral or written understanding. This agreement may be amended only by a wrJting executed by both partios. This JTt59371 M1195-11 _E= :0 =3 1a:23 HOLf$3 SRA'YEN R.6 agreement shall be binding on the parties hereto, their successors and assigns. 13.2 The Buyer and Seller represent and warrant that the recitals contained herein are true and accurate. All warranties and representations by Seller and Buyer shall survive the closing of this transaction. 13.3 All notices required hereunder shall be given by depositing in the U.S. mail. postage prepaid, certified mail, return receipt requested, to the following addresses (or such other addresses as either party may notify the other): To the Seller: To the Buyer: City of hlounds View Attn: Samantha Orduno 2401 Highway 10 Mounds View, MN 55112-1499 13.4 This contract shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BUYER: CITY OF MOUNDS VIEW By Its Mayor By Its Clerk -Administrator SELLER: JJT59371 KU125-11 5 Vulii:)Yi/1 Insert Well Disclosure Statement JJT59371 MU129-11 P.7 PVT 01 '93 09:24 HOLMES 9 GPRVEH P.2 DRAFT "Watson Property" REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made and entered into as of this day of October, 1993, by and between ("Seller") and CITY OF MOUNDS VIEW, a Minnesota municipal corporation ("Buyer"). RECITALS A. Seller is the owner of certain land ("Property") in the City of Mounds View, County of Ramsey, State of Minnesota, described as follows: Lot 5, Block 1, North Star Industrial Park Preliminary Plat Lot 4, Block 1, North Star Industrial Park Preliminary Plat South 1/2 of Lot 3, Block 1, North Industrial Park Preliminary Plat 'These legal descriptions are based on the North Star Industrial Park Preliminary Plat dated May 14, 1987, provided by Comstock and Davis. Accurate legal description will be prepared prior to closing. B. The Property is vacant, undeveloped land. C. Seller desires to sell, and Buyer desires to purchase, the Property, subject to the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual covenants made below and other good and valuable consideration, the parties agree as follows: l . Offer and Acceptance. Seller agrees to sell and Buyer agrees to purchase the Property, subject to the terms and conditions of this Agreement. The Property is vacant, undeveloped land, and there is no personal property included in this sale. Buyer is responsible for cleaning up surface junk and debris on the Property. 2. Purchase Price. The purchase price for the subject property ("Purchase Price") shall be $356,603.94 and shall be payable in full at closing. 3. Title Matters. Upon execution of this agreement, Buyer shall obtain a title commitment for an owner's policy of title insurance from the title company of its choice. Buyer shall be allowed 20 business days after receipt of the title commitment for making any objections, which shall be made in writing or deemed waived. Seller shall have 60 days after receipt of Buyer's written objections to make title marketable. Pending correction of title, payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shall perform this Agreement according to its terms. 3.1. If the Seller proceeds in good faith to make title marketable but falls to do so within tho 60 day period, Buyer may terminate this Agreement without any liability on its part, in which event the Earnest Money paid hereunder shall be promptly refunded to Buyer. JJ 59111 M9125.11 OCT 01 '93 09:24 HUL11ES Z GPRVEN P. 3 3.2. If Seller fails to make title marketable within the 60 day period due to Seller's failure to proceed in good faith, or, if title is marketable but Seller defaults in its obligations under this Agreement, Buyer may seek any of the following remedies permitted under law: (a) proceed to closing without waiver or merger in the deed of the objections to title and seek damages, costs and attorney's fees from Seller for recovery of the costs of curing the objections to title (damages may include an award in condemnation, and all expert witness, appraisal, and attorney's fees incurred by Buyer, if the objections are cured through exercise of Buyer's eminent domain powers); or (b) terminate this Agreement by notice to Seller, in which event the Earnest Money paid hereunder shall be promptly refunded to Buyer; or (c) seek damages from Seller including costs and reasonable attorney's fees, as permitted by law; or (d) seek specific performance of this Agreement, provided that the action is commenced within 6 months after the cause of action arises. 3.3. If title is marketable or is corrected within the 60 day period and Buyer defaults in any of the agreements herein, Seller may terminate this Agreement, and on such termination all payments made hereunder shall be retained by Seller as liquidated damages, time being of the essence hereof. The termination period for a Notice of Cancellation of this Agreement shall be 30 days as permitted by Section 559.21, Subd. 4. 4. Conditions to Closing. The closing of the transaction contemplated by this Agreement and the obligation of the Seller to sell the Property and of the Buyer to purchase the Property shall be subject to the following conditions: 4.1. Buyer shall have determined on or before the Closing Date that it is satisfied, based upon the results of and matters disclosed by any environmental or soil investigations or testing of the Property, that there are no environmental or soil conditions that would interfere with Buyer's proposed use of the Property as a storm water drainage pond. Buyer and Seller each acknowledge that environmental contamination of any kind would interfere with Buyer's proposed use of the Property. 4.2. Buyer shall have reviewed and approved title to the Property pursuant to Section 3 herein. 4.3. Buyer shall have received proceeds from the Revenue Bond sale that is being used to fund the acquisition of the Property by Buyer. The above contingencies are for the sole benefit of Buyer, and Buyer shall have the right to waive those contingencies by giving written notice to Seller. If the contingencies set forth in this Section have not been satisfied by the Closing Date, Buyer or Seller may terminate this Agreement by giving written notice to the other on or before the Closing Date. If this Agreement is so terminated, the Earnest Money shall be promptly returned to Buyer, except as otherwise provided in Section 3 herein. 5. Environmental end Soil investigation. Buyer and its agents shall have the right, at its sole optlon and risk, to enter the Property for the purpose of testing soils, surveying, or doing other such work as may be necessary to determine tho suitability of the Property for uses by the Buyer. if Buyer investigates and testa the Property pursuant to this Section, Buyer shall pay all costs and expenses of =59171 evil 35-11 F.a OCT O1 193 09:25 HOLMES E GPAVEH such investigations and testing and shall hold Seller harmless from all damages and liabilities arising out of Buyer's activities . Upon request of Buyer, Srelnrting to the permit buyer to review all environmental reports and files, if any, ¢Haas Property and in Seller's possession. Seller is responsible for all costs and exp necessary to correct any contamination or environmental defects found on the Property. 6. Real Estate,_Taxes. On enalti0s and Interestre the t,gifDany - Seller estalteataxes delinquent real estate taxes, penalties between Buyer and Seller as of the payable in the year oP closing will be P able in 1994 are non - closing date. Seller warrants that real estate taxes pay homestead. all 7 Special Assessments. On or before the Clofor asinsg Dal ih real estate taxes installments of special assessmentsSe w. i pad on the Closing ent W1 Date all other special payable in the year of closing. agreement- Seller represents that it has not assessments levied as of the date of public ithis mprovement project from any assessing received a notice of a pending p eement at its option: (a) assume payment of the authority. If a special assessment becomes pending after the date of this gr and before the date of closing, Buyer may Pie declare the Purchw pending special assessment withoutadjustment Seller, and all Earnest IMoney paid under this Agreement null and void by this Agreement shall be returned to Buyer. 8. Closing, 8.1. The closing shall take place at City Hall in the City of Mounds aview on or greed to b the parties November1, 1993 writing or at such other Closing Date° )time and place as may be iver, to Seller the 8.2. On the Closing Date, Buyerpossession del of the Property, Purchase Price and Seller shall deliver to Buyer and shall execute and/or deliver to Buyer: a) A duly executed general warranty deed, conveying marketable title to the Property to Buyer, subject only to: (1) building and zoning laws, ordinances, state and federal regulations;Buyer's intended and drainage easements which do not interfere with Buy iuse of the nterfere with Buyer ssintended use of the olf course; )Property assa which ourse. b) A duly executed affidavit regarding partnership. c) A receipt evidencing payment of real estate taxes for which payment was due prior to the Closing Date. 8.3. Seller shall pay at closing: (a) state deed tax applicable to the yer; (b) conservation fee; (c) all recording transfer of the Property to Bu fees and chargus relating to the filing of any inatruments required to meY.e title marketable; (d) title insurance fees, other than insurance policy premiums; and (a) a letter stating that Victor Brenk, the Property. Jeff Brener da oa the Brenk shall each receive a lifetime pass for one round of olf pnooen are not golf course that is constructed on transferable to any other party and shall automatically terminate on death. 1 59J71 MUS-11 OCT 01 193 09:26 HOLMES 3 GRAVEN P.5 8.5. Buyer shall pay at closing: (a) recording fees relating to the flling of the Deed from Seller; and (b) title insurance premiums, if any, and title company closing fee, if any. Covenants Representations and Warranties of Seller. 9.1. The signatories to this Agreement represent that they are partners of the Seller and that they are authorized to execute this Agreement on behalf of Seller. 9.2. Seller shall take no actions to encumber title to the Property between the time Seller acquires the Property and the time the Deed is delivered to Buyer. 9.3. Seller warrants that it has not used the Property for the storage of hazardous substances or petroleum products and, as of the date of execution of this Agreement, is not aware of any facts the existence of which would constitute a violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act or the federal Comprehensive Environmental Response, Compensation and Liability Act. The foregoing is applicable only to Seller's actual knowledge of facts, and Seller represents that Seller has made no independent investigation of the Property. 9.4. Seller warrants there is a single right of access to the Property from a public right of way. 9.5. Seller warrants that there has been no labor or material furnished to the Property for which payment has not been made. 9.6. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. 9.7. The warranties made in paragraphs 9.1, 9.2, 9.4, 9.5 and 9.6 shall survive until one year after the date of closing and delivery of the deed. The warrany made in paragraph 9.3 shall survive until three years after the date of closing and delivery of the deed. 10. Covenants, Representations and Warranties of Buyer 10.1. Buyer is a municipal corporation under the laws of the State of Minnesota and has the power to enter into this Agreement and carry out its obligations hereunder. The signatories to this Agreement represent that they are authorized to execute this Agreement on behalf of Buyer. 11. Well Disclosure. Buyer acknowledges receipt of a well disclosure statement from Seller, attached as Exhibit A to this Agreement. 12. Broker Commissions. Seller and Buyer represent that neither party has engaged the servlces of any reallOr, broker or other person who would be entitled to a fee or commission In connection with the sale of the Property. JR59171 W125-11 OCT O1 '93 09:26 HOLMES Z GRAVEN P.6 13. Miscellaneous 13.1 This agreement represents the complete and final agreement of the parties and supersedes any prior oral or written understanding. This agreement may be amended only by a writing executed by both parties. This agreement shall be binding on the parties hereto, their successors and assigns. 13.2 The Buyer and Seller represent and warrant that the recitals contained herein are true and accurate. All warranties and representations by Seller and Buyer shall survive the closing of this transaction. 13.3 All notices required hereunder shall be given by depositing in the U.S. mail. postage prepaid, certified mail, return receipt requested, to the following addresses (or such other addresses as either party may notify the other): To the Seller: To the Buyer: City of Mounds View Attn: Samantha Orduno 2401 Highway 10 Mounds View, MN 55112-1499 13.4 Buyer will consider tax increment financing in an amount not to exceed $230, 000 for lateral water and sewer connection fee and detention pond construction for the remaining parcels of land in the preliminary plat dated May 14, 1987, provided by Comstock and Davis. Buyer is under no obligation to provide such financing and the availability of such financing is not a condition to Seller's obligations in this Agreement. 13.5 This contract shall be governed by the laws of the State of Minnesota. Ji S9171 W1121-11 i,CT 01 '93 09:27 HOLMES S GRAVEN m IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BUYER: CITY OF MOUNDS VIEW By Its Mayor By Its Clerk -Administrator SELLER: JJ 59371 "135. 11 OCT 01 '93 09:27 HOLMES 8 GRAVEN P.8 EXHIBIT A Insert Well DISCIOrure Statement Sn59111 K0115•I1 REQLrST FOR COU�iCII. CONSIDER 3T?ON pa�mc Nner.9396C— STAFF' REPORT Report Date: .- .. Counca Aram Speeai Order of 3umnemm C:TY COUINCM YLE=G DATE, Q2 BER 11. 1993 — ?•uiiic3eannp = Canment?Agenda S Cauncl Business Item Destapman: Consideration of Resolution No. 4431 Approving the Amended Joint Powers Agreanent for Construction and operation of the Fire Training Site tdmrm3c..ator9 RenewiRemmmerdacon: • No comments to supoiement this report • Cammenm arsched. Explanadorvsummar/ !a=rn supplement sueem a aemssary.) C N M4 V• This item was tabled at the September 13th Council meeting in order to obtain additional information regarding the training facility. Chief Ron Fagerstrom will be in attendance at the meeting on October llth to update the Council on the plans and construction schedule for the joint Fire Training Facility. The attached resolution merely amends the Joint Powers Agreement to remove the City of Columbia Heights from the Agreement, reduce the contributing amount of the remaining cities and provide for a unanimous agreement of all participating cities on any future amendments. RECOMMENDATION: Motion to waive the reading and approve Resolution No. 4431 Amending the Joint Powers Agreement for Construction and Operation of Fire Training Site RESOLUTION NO. 4431 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AMENDING THE JOINT POWERS AGREEMENT FOR CONSTRUCTION AND OPERATION OF FIRE TRAINING SITE WHEREAS, the parties of Fridley, Brooklyn Center, Spring Lake Park, Blaine and Mounds View had entered into an agreement titled "Joint Powers Agreement - Fire Training Association", a copy of which is attached hereto; and WHEREAS, the only expenditure of funds to date pursuant to said agreement has been by the City of Fridley; and WHEREAS, a party to the agreement, the City of Columbia Heights, has given written notice to the other parties via letter dated August 10, 1992 that it no longer wishes to participate in the agreement; and WHEREAS, the remaining parties desire to amend said agreement in order to continue the project of constructing and operating a fire training site. NOW, THEREFORE, BE IT RESOLVED, the undersigned party agrees to the following modifications of the agreement: 1. Deletion of Columbia Heights: Delete from the "Joint Powers Agreement - Fire Training Association" (copy attached, and hereafter called the AGREEMENT), the City of Columbia Heights, wherever that name appears, and change the number of "member departments" from four to three wherever stated. The undersigned hereby acknowledge receipt of a termination notice from the City of Columbia Heights by letter dated August 10, 1992 from its attorney Greggory J. Woods, and accept the termination in accordance with paragraph 16 of the AGREEMENT. There exists no claim against Columbia Heights for proportionate share of initial construction costs or operating costs. 2. Initial Construction: The "initial construction costs" identified in paragraph 6 of the AGREEMENT shall be changed to $150,000, it being understood that the parties may later increase this amount if additional contributions are approved by the parties' respective governing bodies. 3. Operating Budget: The statement in paragraph 7 of the AGREEMENT citing the 1991 Operating Budget is deleted. 4. Amendment: The AGREEMENT amendment procedure shall require unanimous approval of the parties, in lieu of majority approval, reflecting the existence of three rather than four parties. RESOLUTION NO. 4431 PAGE TWO OF TWO ATTEST: Adopted this 11th day of October, 1993. Mayor (SEAL) City Administrator joINT_ POWERS AGREEMENT FIRE TRAINING ASSOCIATION THIS AGREEMENT made by and between the City of Fridley ("Fridley"), the City of Columbia Heights ("Columbia Heights"), the City of Brooklyn Center ("Brooklyn Center"), the City of Spring Lake Park ("Spring Lake Park"), the City of Blaine ("Blaine"), and the City of Mounds View ("Mounds View"), each being a Minnesota municipal corporation, which together shall form the Fire Training Association (the "Association"). WHEREAS, each party to this Agreement desires a facility to train members of its fire department; and WHEREAS, it is more economical for the parties of this Agreement to joincly and collectively construct, use, and maintain a fire training facility rather than each party constructing and maintaining its own facility; and WHEREAS, Fridley, Columbia Heights, Brooklyn Center, Spring Lake Park, Blaine, and Mounds View are authorized to enter into an Agreement for the joint and cooperative exercise of powers common to them pursuant to Minnesota Statutes 471.59 et seq.; and WHEREAS, the cities of Spring Lake Park, Blaine and Mounds View are provided fire protection services by the Spring Lake Park Fire Department, Inc., a Minnesota non-profit corporation; NOW, THEREFORE, the undersigned governmental units and the Association in the joint and mutual exercise of their powers agree to jointly construct and maintain a fire training facility in accordance with the following terms: 1. The Fire Training Association shall consist of four member departments. For purposes of this Agreement, Spring Lake Park, Blaine and Mounds View shall be collectively considered one Member and have one representative on the Chiefs' Board. Spring Lake Park, Blaine and Mounds View appoint the Spring Lake Park Fire Department, Inc. as their agent, which together with the cities of Fridley, Columbia Heights, and Brooklyn Center shall be known as the ("Member Departments"). 2. Term: The term of this Agreement shall be perpetual until only one Member Department remains. 3. .ire Training Facility. The training facility shall consist of a training tower and bur❑ room and other elements of training as determined and recommended by an Operations Committee (Paragraph 14 hereof) and approved by the Chiefs' Board. 4. Facility Site. The facility shall be constructed on property owned by the City of Fridley and located at 348 - 71st Avenue N.°., Fridley, Minnesota. The Member Departments and the City of Fridley hereby agree to execute a twenty-five (25) year lease of the property from Fridley to the Fire Training Association in consideration of the payment of $25 for the lease term. 5. Ownership. Ownership of the facility, excluding land, shall be jointly held by the Association. -2- 6 e :nl-. al Construction. Initial construction costs are -projected to be $200,000, which shall be snared equally by the members. The initial constriction costs shall not rior approval of each Member exceed $200,000.00 without p Department's City Council. Each Member Department shall pay its cost allocation for the facility construction pursuant to the payment schedule unanimously approved by the Chiefs' Board. operating Agent. The operating agent shall have authority, on behalf of the Association, to pay costs authorized under the Operating Budget for the training site, and any additional expenses unanimously approved by the Chiefs' Board. An annual operating Budget shall be forecast in the second quarter of each year for the following year's cperation of the site. The 1991 operating Budget is projected to be $6,000. The City of Fridley is appointed as the initial operating agent. The Chiefs' Board shall have the authority to name an alternate department to take on this responsibility as it deems necessary. The Chiefs' Hoard is specifically empowered to set a limit on the yearly operating costs. Failure of a Member Department to pay its proportional share of the yearly operating costs, or additional expenses unanimously approved by the Chiefs' Board, shall be grounds for removal of that Department upon the sole discretion of a majority vote of the Chiefs' Board. -3- A. Agent for Construction. The Member. Departments specifically authorize the City of Fridley to act as the Agent for Construction of the facility on their behalf. The Agent for Construction is empowered to commission designs for the facility according to the specifications approved by the Chiefs' Board. Following approval by the Chiefs' Board, the Agent for Construction shall cause bids to be taken for the construction and shall present the final bids to the Chiefs' Board for ratification. _Once the bids and specifications nave been approved by the Chiefs' Board, the Agent for Construction shall have the power to award the contracts and bind the Member Deoartments to the contracts so awarded. 9. Repairs and Improvements. If recommended by the Operations Ccmmittee and approved by the Chiefs' Board in advance and ratified by each of the Member Department's City Councils, all major repairs, replacements, additions/imorovements shall be equally assessed against each Member Department. 10. Insurance. The association shall purchase pclicy(ies) of insurance.in forms and amounts to protect its insurable interests in the value of the site's improvements against perils of fire, theft, vandalism and Acts of God, and to Drotect the financial interests of the Association, parties, their agents and employees, against all claims or lawsuits, including expenses and attorney fees, -4- arising from the ownership, design, operation, and maintenance of the facility. The policy(ies') limits, terms and conditions shall be acceptable to each party. Costs of insurance shall be apportioned equally to each Member Department. 11. Facility Use. Each Member Department shall be entitled to equal use of the facility, subject to advance scheduling through the Operations Committee under the rules and guidelines established by the Chiefs' Board. 12. Use By Others. The Chiefs' Board shall establish guidelines for use of the facility by others for a fee. The Operations Committee shall carry out the guidelines and shall be in charge of scheduling and collection of rents/fees. No rental shall be scheduled so as to conflict with any scheduled activity by a Member Department. Any rents/fees collected in excess of current year operating expenses may, at the Chiefs' Board's discretion, be retained for repair, improvements to the facility, future operating expenses, or returned to the Member Departments. 13. Chiefs' Board. The Chiefs' Board shall consist of the :ire Chief or the :ire Chief's designee of each Member Department unless another representative is designated by the City Council of a Member. The Board shall act by majority vote of a quorum present at a board meeting (unless unanimous approval is required by this Agreement) duly called by a member of the Board upon notice given to -5- all members by mail 20 days in advance of the meeting. The Board may act without a meetinc by a unanimous writing in lieu of a meeting. 14. Operations Committee. The Operations Committee shall consist of a firefighter/officer a000inted by the Fire Chief of each Member Department. 15. Indemnification. Each non -Member Department or organization using the facility shall fully indemnify the Member Departments against all loss, damage liability claims, suits, judgments, costs and expenses by reason of loss of or damage to property and injury to or death of persons caused by acts or omissions of the non-member organization, its officers, agents or employees, arising from or growing out of, directly or indirectly, wholly or partly, its maintenance, operation or use of the facility. 16. Tetminat'_on of Agreement. any Member Department may terminate its participation under this Agreement by giving 60 days advance written notice of intent to terminate, directed to the attention of the remaining Members of the Chiefs' Board. The terminating Member Department has no right of refund for its share of fees or costs paid under this Agreement, and waives any and all rights and interest in the training facility. Furthermore, any city terminating its participation under this Agreement is bound to pay its proportionate share of the initial construction costs. Said city shall also be -6- +responsible for its proportionate share of outstanding operating costs through the fiscal year in which it gives notice of withdrawal. A withdrawing member shall have no claim to assets of the Association including excess fees or rents collected under paragraph 12. Upon the withdrawal of all Member Departments, the land and imorovements shall revert to the City of Fridley. 17. Dissolution. Upon unanimous approval by the Member Departments, the dissolution of this Association may be adopted, at which time the Building and Property shall revert to the City of Fridley, and all other assets and liabilities shall be divided among the remaining Member Departments in proportion to the contribution of the remaining Member Departments. �3. 'Amendment. Any amendments to this Agreement require a ` two-thirds vote of the Members of the Chiefs' Board and 1AI' :rust be approved by the City Councils for each party. IN WITNESS THEREOF, the undersigned nave caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies. City of Fridley Mayor City Manage_ r;, 1 A lCl% Date - -7- City of Columbia Heights yor City Manager Date City of Brooklyn Center Mayor C-t•y Manager to City of Blaine Mayor tv Manager to City of Spring Lake Park Mayor City Manager 19 9D Date City of Mounds View Mayor i CIeN<-nc:,':ristrator 2- Zs-9 0 Date -8- -ti REQUEST FOR COLT.NCZ CONSIDEM-ITIO?�j r6' on: 9.I. r~ ?•soar=:9C lumber 93 —6 ST-aREPORT 3eo te' or.Dare: 10-1-93 Cauna! mom C"T�- COCNCI _ 50ee310rderofBuaaneea �ETLYGDATy R 1 1993 Z ?ubiic?eannv Cansenc agenda (Z Caunrl3as{neme :war Deecapron: Consideration of Resolution No. 4430 In Su Park to Lakeside Lions park Support of the Renaming of Lakeside �amimamcare ?anewiRemmmendaron: • Ya comments :o fuopiemenc this report • Comments aracbed. rExplanaron'Summar/ !attar$ tupPlemeac tbee" ea'Mwary.) rttVTM4RY- As per Council direction at the October 4th Council Work Session, the attached resolution has been drafted for Council consideration at the October 11, 1993 Council meeting. Orduno, RESOLUTION NO. 4430 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION IN SUPPORT OF THE RENAMING OF LAKESIDE PARK TO LAKESIDE LIONS PARK WHEREAS, the City of Spring Lake Park has requested that the City consider the renaming of Lakeside Park to Lakeside Lions Park in acknowledgement and appreciation of the contributions made over the years by the Spring Lake Park organization; and WHEREAS, the City Council has determined that it is an appropriate gesture of appreciation to rename the park Lakeside Lions Park. NOW, THEREFORE BE IT RESOLVED that the City of Mounds View does hereby support the City of Spring Lake Park's request that Lakeside Park be renamed Lakeside Lions Park. (SEAL) ATTEST: Adopted this 11th day of October, 1993. City Administrator Mayor