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HomeMy WebLinkAboutCity Council - 03/12/2013 AGENDA EDEN PRAIRIE SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 12, 2013 5:00 PM, CITY CENTER Heritage Rooms 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer and Council Recorder Lorene McWaters I. CALL THE MEETING TO ORDER II. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE THE HOUSING SERVICES AGREEMENT WITH WHAHLT C. AWARD CONTRACT FOR 2013 STREET SWEEPING TO RELIAKOR SERVICES, INC. III. OTHER BUSINESS A. CANCELLATION OF MARCH 19, 2013 CITY COUNCIL MEETING IV. ADJOURNMENT CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 12, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: ILB. Janet Jeremiah, Community Approve the Housing Services Agreement with Development Director West Hennepin Affordable Housing Land Trust Molly Koivumaki (WHAHLT) Housing and Community Services Requested Action Move to approve the Housing Services Agreement with WHAHLT. Background The City continues to work with WHAHLT to provide affordable home ownership opportunities, and will made a grant of $25,000 for the purchase of a home in Eden Prairie. The home will then be sold to an income eligible buyer and will remain affordable, per the WHAHLT ground lease for a period of 99 years. CDBG funds will be used for the grant. Attachment Agreement HOUSING SERVICES AGREEMENT THIS AGREEMENT is made this day of 2013 between the CITY OF EDEN PRAIRIE ("City"), a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 and the WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST ("Provider"), 5101 Thimsen Ave, Suite 200, Minnetonka, MN 55345. The Provider is a non-profit organization that provides affordable housing in the Minneapolis suburban area. The City wishes to contract with the Provider to provide affordable housing units within Eden Prairie. The parties wish to set forth in writing the terms and conditions of their agreement. Therefore, in return for the mutual agreements set forth below, the parties agree as follows: 1. PAYMENT Subject to the terms of this Agreement, the City will pay to Provider $25,000.00 ("Funds") for Provider's acquisition of one residential housing unit located at 15816 Eden Drive, Eden Prairie, MN 55346 and legally described as Lot 9, Block 3, Eden View, Hennepin County, Minnesota ("Property"). The Funds are to be used solely for the Services described in Section 2 of this Agreement. Provider must submit a written request to the City for the Funds. Provider shall provide any information the City reasonably requires to verify that the Funds will be used for the Services described in this Agreement. If City approves the payment request, City shall deliver the Funds on the closing date for Provider's purchase of the Property to the title company closing the transaction or to the Provider by wire transfer of U.S. Federal Funds or by certified check. 2. SERVICES The Provider will use the Funds provided by the City to purchase the Property and then re-sell the dwelling but not the land to an Eligible Purchaser. To qualify as an Eligible Purchaser, the buyer must have income no greater than 80% of the area median income for the Twin Cities Metropolitan area, as defined in Minnesota Statutes § 473.121, subd. 2, as determined by the U.S. Department of Housing and Urban Development (or any successor agency), and cannot have owned a home within the past 36 months. Provider shall enter into a Ground Lease with the Eligible Purchaser to ensure that the conditions described in this Section will apply to the Property. Provider shall properly record a memorandum of said Ground Lease in the Hennepin County Recorder's Office. 3. DEFAULT AND REMEDIES It shall constitute an Event of Default if Provider: (i) fails or refuses to use the City's payment to purchase the Property within 90 days of the date of this Agreement as set forth above; (ii) fails or refuses to sell the Property to an Eligible Purchaser within 12 months of the date of this Agreement as set forth above; (iii) or in any other way fails to comply with the terms and conditions of this Agreement. In the Event of Default: A. If City has not paid out the Funds, this Agreement shall be automatically terminated. City shall provide notice to Provider of said termination within 30 days of the Event of Default; or B. If City has paid out the Funds, Provider shall immediately repay the funds to the City. The prevailing party in any action to enforce this Agreement shall be entitled to recover costs and expenses related to or arising out of such enforcement, including but not limited to reasonable attorneys' fees, from the non-prevailing party 4. NON-ASSIGNMENT Provider may not assign, subcontract, transfer, or pledge this Agreement and/or the services to be performed under it, whether in whole or in part, without the prior consent of the City. 5. RECORDS The Provider will maintain such records as are deemed necessary by the City to ensure that the services are provided as represented by the Provider. 6. DISCRIMINATION The Provider agrees not to discriminate in providing services under this Agreement on the basis of race, sex, creed, national origin, age or religion. 7. CONFLICT OF INTEREST No officer, director, employee, or agent of Provider may engage in a conflict of interest in providing the services required under this Agreement. A "conflict of interest" is defined as engaging on behalf of the Provider in any matter that affects the person's financial interests outside of the person's duties with the Provider, the financial interests of a member of the person's immediate family, or those of a business with which the person is associated, unless the effect on the personal, relative, or business is no greater than on other members of the same business classification, profession or occupation. "Immediate family" is defined as the following relatives of the person or the person's spouse: siblings, parents, step-parents, grandparents, children, step-children, grandchildren, aunts, uncles, and first cousins. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. Any federal regulations and applicable state statutes shall not be violated. 8. WAIVER 2 The City's failure to insist upon strict performance of any provision or to exercise any right under this Agreement cannot be deemed a relinquishment or waiver of the same. This will not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 9. INDEMNITY The Provider agrees to hold harmless, indemnify and defend the City, its elected officials, officers, agents, and employees against any and all claims, losses, or damages, including attorneys' fees, arising from, allegedly arising from, or related to, the provision of services under this Agreement by the Provider, its employees, agents, officers, or volunteer workers. 10. INSURANCE The Provider agrees that it will, at all times during the term of this Agreement, have and keep in force a general liability insurance policy with coverage in the amount of at least $1,000,000 per occurrence. A copy of Provider's insurance declaration page, Rider or Endorsement, as applicable, which evidences the existence of this insurance coverage naming the City as an additional insured must be provided to the City before work under this Agreement is begun. 11. UNSPECIFIED SERVICES The City will honor no claim for services not specified in this agreement. 12. DATA PRACTICES ACT The Provider shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. §1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Provider. 13. AUDITS The books, records, documents, and accounting procedures and practices of the Provider or other parties relevant to this Agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 14. DISCRIMINATION In performance of this Agreement, the Provider shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Provider, any subcontractor of the Provider, or any applicant for employment. The Provider shall include a similar provision in all contracts with subcontractors to this Agreement. The Provider further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. Section 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15. CLAIMS 3 To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 16. LIMITATION OF REMEDIES In the event of a breach of the Contract by City, the Provider shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 17. INDEPENDENT CONTRACTOR Nothing in this Agreement is intended, nor may be construed, to create the relationship of partners or employer/employee between the parties. The Provider, its officers, agents, employees, and volunteers are, and will remain for all purposes and services under this Agreement, independent contractors. 18. NOTICES Notices will be considered properly mailed if sent certified mail to the other party at the following address: a. If to the City: City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN b. If to WHAHLT Executive Director West Hennepin Affordable Housing Land Trust 5101 Thimsen Avenue Suite 202 Minnetonka, MN 55345 19. ENTIRE AGREEMENT The entire agreement of the parties is contained in this document. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement. Any alterations, amendments, deletions or waivers of any provisions of this Agreement will be valid only when placed in writing. 4 WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST , Executive Director STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2013, by the Executive Director of West Hennepin Affordable Housing Land Trust, a Minnesota non-profit corporation, on behalf of said corporation. Notary Public 5 CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2013, by Nancy Tyra-Lukens and Rick Getschow, the Mayor and City Manager respectively of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 6 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 12, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 13-5830 ITEM NO.: ILC. Mary Krause Award Contract for 2013 Street Sweeping to Public Works/Engineering Reliakor Services, Inc. Requested Action Move to: Award contract for 2013 Street Sweeping to Reliakor Services, Inc. in the amount of $30,800. Synopsis Sealed bids were received Thursday, March 7, 2013 for the 2013 Street Sweeping. Three bids were received as follows: Reliakor Services, Inc. $ 30,800 Pearson Brothers, Inc. $32,900 Allied Blacktop Company $ 33,100 Background Information The schedule for street sweeping in the project specifications indicates a start date of April 8, 2013. This early cleaning of the streets prevents sand and debris that has accumulated from the winter snow removal operations from entering into the City's wetlands, creeks and lakes. Spring sweeping of the streets takes approximately 8-10 working days. Street sweeping after the sealcoat project also is part of this project. Financial Implications Funding for the spring sweeping is from the Storm Water Utility Fund. Street sweeping also takes place after the sealcoating project and is funded from the Operating and Maintenance budget for sealcoating and the CIP fund for pavement maintenance. A comparison of the previous 5 years of sweeping bid prices submitted was done indicating a slight decrease in bid prices for 2013. Staff recommends award to Reliakor Services, Inc. Attachments 0 Bid Price Comparison 2009-2013 Historical Sweeping Bid Prices 2009 ReliaKor Allied Blacktop Aslakson's Services Blacktop Spring Sweeping $64.75/hour $78/hour $137.85/hour Sealcoat $70/hour $86/hour $137.85/hour Sweeping 2010 ReliaKor Allied Blacktop Services Spring Sweeping $67/hour $80/hour Sealcoat $75/hour $90/hour Sweeping 2011 ReliaKor Allied Blacktop Services Spring Sweeping $78.50/hour $80/hour Sealcoat $85/hour $100/hour Sweeping 2012 ReliaKor Allied Blacktop Pearson Services Brothers, Inc. Spring Sweeping $78.50/hour $80/hour $77/hour Sealcoat $83.50/hour $95/hour $86.50/hour Sweeping 2013 ReliaKor Allied Blacktop Pearson Services Brothers, Inc. Spring Sweeping $77/hour $79/hour $79/hour Sealcoat $77/hour $94/hour $92/hour Sweeping CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 12, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: ILA. Christy Weigel, Clerk's License Application List Police/Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Temporary Liquor Organization: The Eden Prairie Community Foundation Event: Foundation Ball Date: May 4, 2013 Place: Green Acres Event Center 14150 Pioneer Trail New Liquor License(s) Licensee name: Tavern 4 & 5 LLC DBA: Tavern 4 & 5 16396 Wagner Way Raffle Organization: Ducks Unlimited, Eden Prairie Chapter Place: Bearpath Golf Club Date: April 27, 2013 - 1 -