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264169 WH17E - CITY CLERK ' PINK - FINANCE GITY OF SAINT PAITL Council CANqRY -�DEPARTME File NO. �� i���/ BLUE -MAYOR � � _ uncil Resolution Presented By ' Referred To Committee: Date Out of Committee By Date RESOLVED, that pursuant to the Joint Powers Act, the Council of the City of Saint Paul hereby authorizes the Mayor and proper city officials to execute an agreement � among the City, the St. Paul Housing and Redevelopment Authority and the Capitol Area Architectural and Planning Commission, whereby the City will provide surveys and related activities for a fee, subject to the terms and conditions as set in the agreement, a copy of which is to be kept on file in the Department of Finance and Management Services. COUIVCILMEN Requested by Department of: Yeas Nays Christensen Hozza In Favor Levine Rcedler Against BY Sylvester Tedesco President Hunt Adopted by Council: Date SEP 4 �g74 Form prove y Cit r y . Certified e y Cou cil Secretary BY C�/� . � Y � Approve Mayor: Dat Approv by Mayor fo Submissio By By PUBLISHED EP 14 1974 �' � > . , .. . Contract No. 74-224 � �6416� CONTRACT E'OR + MASTER PLAN INiPLEMENTATION STUDY THIS AGREEMENT, made and entered into this day of , 1974, by and between CAPITOL AREA ARCHITECTURAL AND PLANNING COMMISSION (hereinafter referr�d to as the "Commission"} and CITY OF SAINT PAUL, MINNESOTA, acting by and through its Planning Commission (hereinafter referred to as the "City") and HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA (hereinafter referred to as the "Authority") WITNESSETH: WHEREAS, in Chapter 580, Laws 1974 , the Legislature of the State of Minnesota has appropriated monies to the Commission for the purpose of delineating alternative means of implementing the Commission' s official Master Plan adopted pursuant to Minnesota Statutes Section 15. 50 in cooperation with the depart- ments and agencies of th� City of Saint Paul, and to make a report of its activities and findings together with its recommen- dations as to implementation of the Master Plan to the Legislature and Governor in 1975; and WHEREAS, activities to be carried out in the Master Plan implementation study are a building condition survey and determi- nation of potential for rehabil.itation and conservation, determi.- nation of public improvement needs and vehicular and pedestrian circulation requirements, determination of need and feasibility for relocation activities, identification of alternate methods of financing study implementation, and consultation with citizens residing in or operating places of business in the Capitol Area; and ; Y. .. , . , � ,, WHEREAS, the Commission has determined to undertake the Master , - Plan Implementation Study in cooperation with the departments and agencies of the City of Saint Paul and to exercise its authority to enter into contracts with others to assist the Commission in undertaking said study, and the City and Authority possess the necessary experience and personnel to carry out implementation study activities on behalf of the Commission and are willing to so do under contract. ' NOW, THEREFORE, in consideration of the premises, the parties do hereby mutually agree as follows : � I. SCOPE OF SERVICES. The City and Authority shall perform all neces- sary services, studies, surveys, activities and reports in connec- tion with and respecting the implementation study of the official Master Plan of the Commission for the area bounded by Marion Street, Arch-Pennsylvania Avenue, Jackson Street and University Avenue, and the half block bounded by Marion Street, University Avenue, Rice 5treet and the alley lying between University Avenue and Aurora Avenue, as szt forth ir. the Scope Of Services hereto attached as Exhibit "A" in a satisfactory and groper manner as dEtermined by the Commission in its sole discretion and in conformance with all applicable federal., state and local laws, ordinances and rules and regulations. II. PERSONNEL. The City and Authority represent that they have or will secure at their expense, all personnel or �hird party services in performing the services required under this agreement. All services required 'nereun.der will be performed by the Authority or under its supervision and a11 personnel engaged in such work shall be fully qualified and authorized or permitted under State law to perform such services. • -2- .. . .. ,, III. , . TIME OF PERFORMANCE. The services of the City and Authority shall commence as of the date of this agreement. All studies, surveys and other activities required hereunder shall be expeditiously undertaken and completed so as to assure timely performance of such activities and delivery of all required reports to the Commission by December 1, 1974. All services which the Commission directs the Authority to perform after December 1, 1974 shall be promptly performed as directed by the Commission. IV. COMPENSATION. The compensation to be paid by the Commission to the City under this Contract shall be the sum of $4 ,500. 00. The compensation to be paid by the Commission to the Authority under this Contract shall be $81,530. 00 for salaries and administration and building inspection, mapping and consultant services expenses as detailed in the Survey and Planning Cost Scheduled attached here- to as Exhibit "B" . The Schedule constitutes the Authority' s estimate of Contract costs. The parties agree that the Authority may adjust these line items of cost to meet the total compensat;.�n limitation herein provided for as in the Authority' s judgment will best accomplish the performance of the services to be provided urider this Contract. In no event shall the total compensation paid under this Contract exceed $86 , 030. 00 except as provided in . Section VI. hereof. V. METHOD OF PAYMENT. The Commission shall make payment hereunder to the City in two installments of $2 ,250. 00 each, the first install- ment to be paid on August 1, 1974 , and the second installment on December 1, 1974. The Commission shall make payments hereunder to the Authority in six equal installments of $14 ,338. 34 , the first � installment to be paid on August 1, 1974, and further installments to be paid on the first. day of each succeeding month until full payment has been made; provided, that the final installment � shall be payable after receipt by the Commission of any revision or supplement to the reports to be provided under this Contract as -3- ' . ., may be requested by the Commission. Updn execution of this Contract the Commission shall take all necessary action to encumber funds sufficient to and make provision for the timely payment of, the compensation provided for in this Contract. VI. CHANGES IN SCOPE OF SERVICES. The Commission may, from time to time, request changes in the Scope Of Services of the City or Authority to be performed hereunder. Such changes, including any increase or decrease in amount of compensation, which are mutually agreed upon by and between the parties, shall be incorporated in written amendments to this Contract. VII. . PUBLICATION QF INFORMATION. The City and Authority agree, that except as such information may constitute independent public records, it will not be made available to third parties without the prior written approval of the Commission. ` VIII. ASSIGNMENT. The City and Authority shall neither assign nor transfer any rights or obligations under this Contract without the prior written consent of the Commission. IX. AMENDMENTS. Any amendments to this agreement sha11 be in writing. X. � LIABILITY. The City and Authority agree to indemnify and save and hold the State of Minnesota, the Commission, and their agents and employees harmless from any and all claims or causes of action arising from the performance of this agreement by the City and Authority or their agents or employees. This clause shall not be construed to bar any legal remedies which the City or Authority . may have for the Commi.ssion' s failure to fulfill its obligations pursuant to this agreement. XI. OWNERSHIP OF DOCUMENTS. Any reports , studies or other documents prepared by the City or Authority in the performance of their -4- _ . ,.,�:�..m:. .�,.�.:�;;:r,_�....:►;... ...�K;w.,�.':".,�.�,.._.. ....,.,.,�.,�,,.,, .� ,...�,., «r-�;..o...�.,.«,�,w-�«.,,.:a...K«., ...,.�..� .:.. �:rs�aut:a�iieW�ie . . _ :. � obligations under this agreement shall be the exclusive property of the Commission and all such materials shall be remitted to the Commission by the City and Authority upon completion, termin�ticn or cancellation of this agreement. The City and Authority shall not use or cause to have such materials used for any purpose other than performance of their obligations un�der this agreement without prior written consent of the Commission. IN WITNESS WHEREOF, the parties have placed their hands and seals all as of the day and year first above written. ( S E A L j CAPITOL AREA ARCHITECTURAL AND PLANNING COMMISSION By Its By Its ( S E A L ) CI INT , MINNESOT By T �. a a Q . By I s ity Clerk ( S E A L ) , HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAIPJT PAUL, MINNESOTA B � , Y ,,C��G � � By -��. It APPROVED AS TO FORM AND APPROVED BY THE CON]r�2SS20NER OF EXECUTION THIS DAY ADMINISTRATION THIS DAY OF OF , 1974. , 1974. WARFtEN SPANNAUS gy ATTORNEY GENERAL Special Assistant : Attorney General .` , -5- . .::.. .. .. . .:;s� . 'ci�:. ,.r es::.,. .: ,;,.� w..�.:.. v.., w, "'r+"x';;;�t �"� - ••sy' t .�•;;. STATE OF MINNESOTA ) ) SS. ' " COUNTY OF RAMSEY ) On this day of , 1974 , before me, a Notary Public within and for said County, appeared an d � to me personally known, who, being each by me duly sworn, did say that they are respectively the and � of CAPITOL AREA ARCHITECTURAL AND PLANNING COMMISSION, the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that the instrument was signed and sealed in behalf of said corporation by authority of its and said an d acknowledged said instrument to be the free act and deed of said corporation. STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) � On this �_ day of � , 1974, before me, a Notary Public within and for said County, appeared 1���EIU L C 17 : G� I�c 1� and � bS t IyJ � X to me personally known, who being each by me duly sworn, did say that they are respectively the P�iayor and City Clerk of the CITY OF SAINT PAUL, MINNESOTA, named in the foregoing instrument, and that the seal affixed to said instrument is the seal of the CITY OF SAINT PAUL, MINNESOTA, and that said instrument was signed and sealed in behalf of the said CITY OF SAINT PAUL, MINNESOTA by authority granted pursuant to formal resolution of the Council of the City of Saint Paul, Council File No. ��,, passed �L� and approved the 'f day of _ S.2 _ , and the said Mayor and City Clerk acknowledged said instrument �o be the act and deed of said CITY OF SAINT PAUL, MINNESOTA pursuant to said onA�$tRT e. oLSON i,.°d°"`�� \- otary PuGlic, R�R�s°Y L�ESn. -`��1°��.,�;`',N M1ISSSQiJ EXP� � � k�,� r11Y C�o emher 18. 1°<^'0 .. _ - _ --6- . STAT� OF r�lINT1ESOTA ) ) SS. , COUNTY OF I21�MSEY ) On this 31st day of July , 1974 , before me, a Notary Public witiiin and for said County, appeared Donald Del Fiacco and Orville E. Anderson , to me personally known, who, being each by me duly sworn, did say th.at they are respectively the Treasurer and Chairman of the HOUSING AND REDEVELOPNiENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, the corporation na med in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation and was signed and sealed in behalf of said corporation by authority of its Board of Commissioners and said Donald Del Fiacco and Orville E. Anderson acknowledged said instrument to be the f ree act and deed of said corporation. /C 2� ���d�d��.��A���dbA�F�FA�A,A�AA,ANA � ,;�-^:','c; LaVERNE NELSON ,�, �::":ri,;'?:": ti -a � Notary Pu�.lic, D,kota Co. Mn. � � l ��= � ��p.4• My Commission Expires x�:�'�'���������������� — 7— T T� _ ____ _ � — .. , � . t � i , � � - i _ ; • ' - _. . , . _ ____ _._ ._ _ . .. ____ _ _ __ . __ �...� � April 17, 1974 EXHIBIT "A" MINNESOTA STATE CAPITOL AREA-NORTH STUDY SCOPE OF SERVICES I. STUDY AREA DELINEATION The study area shall include that portion of the StaCe Capitol area designated for non-State use as set forth in the Comprehensive Plan for the Minnesata State Capitol Area. Specifically the area is bounded by Marion Street, Arch- Penn Avenue, Jackson Street and University Avenue. It also includes one-half block bounded by Marion Street, Uaiversity Avenue, Rice Street and the alley midway between University Avenue and Aurora Avenue. (See Boundary Study Area Map herewith attached.) II. STUDY AREA OBJECTIVES The broad objective of the study is to more precisely delineate proposed devel- opment objectives, potential, and implementation alternatives for that portion of the State Capitol area to be devoted to residential and comrnercial uses. In undertaking the study, the City and the Authority will report monthly to the CAAPC oa the progress of the several study components as set forth below, and will seek the concurrence of the CAAPC on any policy matters as may be related to further work at each such monthly meeting. III. ACTIVITIES Alv'D REPORTS The Authority will c anplete the necessary activities and produce the following five reports by October 1, 1974: A. Project Area Report - -------.. .. This report will describe and document in detail conditions thar. exisr. in the State Capitol Area - North. This information will serve as the basis for determining the action necessary and the methods used to improve the area. .� _.._.. ---__...._. _ . . _ __ _ _ ,�. . — ' ' -°r.--°^�^r.°'.; ; .�,a.:.... ....:. . .R., ..-..,_� ..,...... .. — ,.,"°�"3'.�n'"... rc.,.=r�,:;�tar�uu��•. • . . 4 1 ` � , � .__. .. __ .. '�.._ . ._- .._ _. _...'...� ,• . . _ � . . . . .._.... .. ...... . . . . .._._.._ ..__ . ._. .. .... _. . . � . . .._... �...-:..� SCOP'E OF SERVICES -2- April 17 1974 This study will include the foliawing data and ffndings: _ 1. The physical condition of buildings, utilities, streets, etc. 2. The identification of open space needs. 3. The evaluation of adequacy of the public - semi-public facilities and institutions serving the area. 4. Identification of the existence and degree of social problems. 5. Identification of any conditions wKich are a threat to the health, safety and general welfare of the residents of the area. B. Land Development Plan and Program for Implementation Within the framework of the already approved CAAPC Comprehensive Plan and within the intent of the adopted zoning regulations for the area, the Authorit_y will develop the following: 1. A xedevelopment plan which will set forth specific objectives, controls aad techniques for the implementation of t�e CAAPC Comprehensive Plan. 2. Identification of necessary improvements which will include streets, public utilities and open space. 3. Land Marketability Report. C. Citizen Partici ation Activities Re ort In coordination with the activities eited in A. and B. above, the Authority wi11 seek citizen participation to the extent possible. The Authority will work with the Thomas-Dale PAC which is the duly elected citizen group for that portion of the area west of the rear property lines of those properties located on the east side of Rice Street. For the remainder of the area, a � ., __ �,. ..�. .. ._._ . _ _ ,,... ,r � . ' � ; f � I � - � � . _ , . _ _ _. . , � __ � �_�,� _ ____.__ . _ SCOPE OF SERVICES -3- April 17, 1974 ' new citizen participation group will be organized in order to provide conciliation and citizen input into proposed actions and prograans formu- lated for the area. A report will be written and submitted on October 1, which details the citizen participation activities that have taken place to that point. D. Budget and Method of Finance This report will provide: 1, An estimate for the cost of implementing the plan. 2. An identification and recommendation for alternate methods of fin$ncing. E. Legal Report This report shall include: 1. The legal requirements of eligibility. 2. The approurfate resolutions for adoption by a�aropri.at� eovernmpntal agencies as required under State law. IV. SERVICES BEYOND OCTOBER 1, 1974 Following the compleCion of the tive reports indicated above (October 1, 1974), Authority ac�d City Planning staff will be available to make appropriate revisions to the reports as required by CAAPC review and adoption procedures, and also will be available to meet with various legislative and citizen groups. These staff members will provide further explanation and background as needed. These groups would include, but are not limited to; 1. The Capitol Area Architectural and Planning Commission 2. � State Legislative Bodies 3. The Governor 4. The Ramsey County Delegation �..�,:nr,� e..J'"i:t.,. „f�:, ..�..,,. , ...; ... � _ .......,.. .,_......, . . . .. . , .. . ._ ... ... . . .. .. . � . . . . . . . �� . • ' ^ . � � � � � i " ' w . . . . . . . . . . . _ . _ _..___..._.. ._..._......_ . . . �a..._.�i SCOPE OF' SERVICES -4- April I7, 1974 5. The Saint Paul City Planaing Board 6. The Saint Paul CiCy Council 7. The Capitol Area Citizen Group 8. The Thomas-Dale Project Area Committee , V. SERVICES PROVIDED BY THE ST. PAUL CITY PLANNING COMMISSION � ' The City Planning Commission Staff shall provide the following services: A. Assist Authority staff ia the formulation of action proposals which are within the ob,jectives of the Capitol Area Comprehensive Plan and � the Controls of the Capitol Area Zoning regulations. B. Provide coordination with City Departments and seek their concurrence on proposed pro�ect improvements, street vacations or openings. These Departments would fnclude but not be limited to: i. rolice 2. Fire 3. Public Works C. Provide caordlnation with appropriate public service companies and seek their concurrence on proposed constr.uction, relocation or eliraination of service facilities. These would include but are not limited to: 1. Nort�?ern States Power 2. Bell Telephone D. Provide for the periodic review of proposals by City Council and City Planning Commission duringtix� study preparation period and following its completion on October 1, 1974 so as to assure consistency with City policies. _ . _ _ ,.-: .s . ..... -:r t: cm.;S\ .i "°°"°"°"`.' ,_'""Tm`..-"a'�°�'.�F'� ..�'�"C�,��?..,�ypa�F.;,Rpq.,q.. a.-a. �� • . � - � . � � ♦- • r • � . � . �, i � . � r � �f t 1 - � . , ~ � 1 �• ' ._. ._.. . .._ .__._... _ _._._._.._ _.._.._____._. ..,..L.it.._...� ' � , April 17, 1974 EXHIBIT "B" SURVEY AND PLANNING COST SCHEDULE FOR THE MINNESOTA STATE CAPTTOL AREA �1DMINISTRATIVE SALARIES Time- Attributeci Months Personnel Base Cost Amount 9 Principal Planner $1,375 monthly salary $12,375 4'� Associate Planner 875 monthly salary 3,937 1 Engineer 1,291 monthly salary 1,291 4 Designer 983 monthly salary 3,933 3 Real Estate 1,191 monthly salary 3,575 '� Legal 1,375 monthly salary 687 6 Relocation Worker 866 monthly salary 5,200 9 Community Organizer 851 monthly salary 7,665 7 Secretary 679 monthly sal.ary 4,755 � L�� l�1 R 15% fringe � 6,512 49,930 Administrative supervision 12,500 $ 62,430 OTHER SERVZCES Building inspection ($50 per structure) $ 11,800 Ma�ping,(Aerial mapping , drafting and graphic� ) 7,300 Consultant services, (Market and other) 5,000 $ 86,530 CITY PLANNf�11It1G SERVICES 4,500 $ 91,030 __ _. . . . _ �... ,,