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HomeMy WebLinkAbout7A - Evergreen Land Services AGENDA #: PREPARED BY: SUBJECT: DATE: BACKGROUND: Attachment STAJ:4'J:4' AGENDA REPORT 0- 7A ~~Y FRANK BOYLES, CITY MANAGER l/ CONSIDER APPROVAL OF REQUEST BY EVERGREEN LAND SERVICES FOR ADDITIONAL FEES FOR SERVICES RENDERED FOR THE NORTHWOOD ROAD PROJECT. OCTOBER 21, 1996 At its October 7 meeting, the City Council considered both the request of MSA Consulting Engineers and the request of Evergreen Land Services for additional fees for services rendered in connection with the Northwood Road Improvement Project. Since representatives for Evergreen Land Services were absent, the City Council deferred action on their request until such time as representatives would be present to respond to Councilmember questions. I have contacted Stuart "Bud" Storm, the president of Evergreen Land Services Company and advised him that the City Council would be reconsidering his request at its October 21, 1996 meeting. Mr. Storm, or another representative of Evergreen Land Services, will be present at the meeting to respond to City Council questions. He has copies of his notes which verify time spent for clients should the Council want to see them. Attached for Council information is a copy of the Agenda Report from the October 7 meeting, together with correspondence with respect to the Evergreen Land Service request. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ST~'14' AGENDA REPORT DAl~: 8A FRANK BOYLES, CITY MANAGER CONSIDER APPROVAL OF REQUEST BY EVERGREEN LAND SERVICES AND MSA CONSULTING ENGINEERS FOR ADDITIONAL FEES FOR SERVICES RENDERED FOR THE NORTHWOOD ROAD PROJECT. OCTOBER 7, 1996 BACKGROUND: As the Council knows, this issue was discussed and deferred at the April 15, 1996 Meeting. Since that time MSA has also notified the staff of their previous requests for additional payment on this project using much the same justification as Evergreen Land Services. This issue was one that Larry Anderson was unable to resolve prior to leaving City employment. When the Northwood Road project was initiated in 1994, Evergreen Land Services was asked to provide a proposal to acquire easements for twelve parcels in preparation for the Northwood Road project. The City Council authorized an expenditure of up to $6,000 to complete this work. Evergreen Land Services is requesting an additional $8,369.93 to pay them the cost for the actual work accomplished. MSA Consulting Engineers has also requested additional payment in the amount of $6,864.47 for services they performed beyond the scope of the original project. DISCUSSION: Attached is a letter from Stuart "Bud" Storm, President of Evergreen Land Services Company. The letter requests that his company be paid a total of $14,346.93 for work completed in association with acquiring easements and land condemnation associated with the Northwood Road project. This would be $8,369.93 more than the $6,000 approved by the Council and previously paid by the City. Mr. Storm's letter summarizes the chronology of events with regard to this project: 1. The original scope of work included easement acquisition for twelve parcels. Their estimate was $3,000 to $5,000 for this work, excluding any appraisal work or document preparation. 2. The City staff then asked the company to review appraisals, but not certify them with state aid 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER procedures in mind. Evergreen advised the City that this cost would increase their estimate by $1,000. 3. In February, 1995, two more parcels were added to the twelve which Evergreen had originally been asked to secure easements on. 4. In March, 1995, they were asked to review appraisals by the staff and the number of parcels involved was nineteen rather than the amended fourteen. Mr. Storm's letter cites as the basis for his claim the following: His company reviewed the City's initial appraisals. Because of their observations, the appraisal was reduced from $137,990 to $48,015. They argue that this is significant because the higher number would have been used as the City's actual easement acquisition costs had they not been involved. Ultimately, Evergreen secured easements from eighteen of nineteen parcels for a total cost of $26,265. As a rule of thumb, they indicate that condemnation costs are typically $1,500 to $2,000 a parcel. Mr. Storm also advises that the City experienced a money savings because all parcels, except one, were negotiated easements rather than condemned easements. MSA Consulting Engineers has also made a claim for additional fees because of additional work they performed in connection with Northwood Road. As shown on the attached letter dated December 9, 1994, from Frank Kris to Bruce Loney, MSA agreed to prepare the easements for Northwood Road at a cost not to exceed $8,300.00. The letter identifies that 12 easements would need to be acquired. The request for additional payment in a letter from MSA dated September 25, 1996, is also included. The letter mentions that 19 easement descriptions were prepared by MSA instead of 12. The attached invoices from MSA show that the total work done related to the easements on Northwood Road totaled $15,164.47 or $6,864.47 over the original cost. The attached 4 plan sheets numbered 43 through 46 from the Northwood Road project shows in detail the 19 easements that MSA prepared. ISSUES: The Council should determine whether or not they believe there is a justification for paying Evergreen Land Services and MSA the additional fees they request. Based upon the original request, a total of twelve parcels were requested for easement acquisition at a cost of $6,000. This assumes a cost of about $500 per parcel. If this number per parcel were applied to eighteen parcels, then the total cost would be $9,000, or $3,000 l07968A_.OOT 2 more than already paid by the City to Evergreen Land Services but more than $5,000 less than they are requesting. Mr. Storm indicates his request is based upon actual costs and he is not willing to accept less. The Council should also determine whether or not they believe there is a justification for paying MSA the additional $6,864.47 that they request. A representative from MSA will be present to respond to any questions. MSA prepared 12 easement descriptions at $8,300 or about $700 per description. Using this rule of thumb for 19 easements would yield a total cost of $13,300 or $4,000 more than originally authorized but about $2,860 less than they have requested. The Acting City Engineer and I have discussed this issue with the City Attorney, who made the following observations: 1. It appears that Larry Anderson authorized Evergreen Land Services and MSA to undertake additional work or changed the scope of work Evergreen Land Services and MSA agreed to undertake. 2. Mr. Anderson did not have the authority to authorize expenditure of City funds and therefore the City could deny additional payment to Evergreen Land Services and MSA. 3. Evergreen Land Services and MSA appear to have acted in reliance on Mr. Anderson's authorization to undertake additional work. FINANCIAL IMPACT: The total project cost was budgeted at $1,257,500.00 as shown on the following chart: NORTHWOOD ROAD FUNDING PROJECT 94-02 ....PR.OJECT.COST.. CONST.KUCTION Bid Amount Contingency (TOTAL CONSTltUCTION) RIGHT-OF-WAY Surveys (MSA Consulting Engineers) Appraisals Easement Negotiation (Evergreen Land Services) Condemnation (City Attorney Fees) $880,525.38 $29,474.62 $910,000.00 l $910,000.00 $8,300.00 $10,550.00 $6,000.00 $10,000.00 l07968A_.OOT 3 I EasementslLand Cost (TOTAL RIGHT-OF-WAY) $65,150.00 $100,000.00 , $100,000.00 5% ADMINISTRATION ENGINEERING (Design, Construction Services) BONDING COST TOTAL PROJECT COST $45,500.00 $152,000.00 . $50,000.00 : $1,257,500.00 . Our projections show that actual construction expenditures are likely to be around $870,000 including street lights, landscaping and restoration. The construction of the project has been monitored closely to keep the costs within budget. The line item called Contingency which was estimated at $29,474.62 has no expenditures against it. Therefore, if the Council wishes to reimburse the two consultants for the additional fees, the money could come from this line item. The other line items shown in the above chart appear to be at or below the estimated costs. ALTERNATIVES: The Council has the following alternatives: 1. Deny any additional payment. 2. Authorize an additional payment to each either based upon the amount requested or some lesser amount. RECOMMENDATION: Alternative 2. Based on the fact it is difficult to know what agreement Larry Anderson reached with Bud Storm and MSA, and having no reason to question the facts as presented by both vendors, the Acting City Engineer and I concur in recommending payment of the additional compensation to Evergreen Land Services and MSA. Based upon the documentation we have received and my conversations with the vendors I believe that the charges are defensible. For future projects the staff will need to work more diligently to better define the project parameters at the onset and stick with them or identify changes before they have a financial impact. ACTION REQUIRED: Moti.;t al~co2 ap oL Alternative #2. <.ll / I Approved by: Attachment l07968A_.OOT 4 DA'l'~: TO: 14 KOM: RE: September 6'~9 . Mayor and <2~. u il Frank Boyles. Payment Re y Evergreen Land Services The Council will recall that Evergreen Land Services was authorized by the City to negotiate the acquisition of road right-of-way and construction easements in association with Northwood Road. The original contract amount approved by the Council was "an amount not to exceed $6,000". Because of changes in the nature of the project, E yergreen Land has requested $14, 346.93. When the Council learned of this claim it asked the City Attorney's opinion on whether or not the City was obliged in any way to pay the additional amount requested. The City Attorney indicated that based upon the facts available to her at the time, the City was not obliged to make additional payment. Attached for additional information is a copy of a letter from Bud St011.11 of Evergreen Land Services, Inc. The letter explains from Evergreen's perspective the reason for their claims for additional fees I have talked with Bud StOl1U as recently as September 5. Bud has made it clear to me that he does not want to jeopardize the relationship between Evergreen and the City of Prior Lake. He simply wanted the Council to be aware of their position and if the Council felt it appropriate, to consider some additional payment in recognition of the changes, which made additional work on the project necessary. I will telephone Councilmembers next week to solicit your feedback with respect to whether or not additional action should be taken in this regard. att. E\TERG.DOC EVt::.r<GRFFN LAND SERVICES CO. - 6200 SHINGLE CREEK PARt<YIAY, SUITE 415. BROOKLYN CENTER. MN 55430 PH. 612-Sf36.1 036 · FAX 612-566-6811 July 16, 1996 ~.. ~WC~;~-: ~:-~~.__ . I'm:2M ...... "' "1\--. .1 \ . ,- "O?~._-'> .. . r i-' ~~ . ~ ~. j~~ 1 1 1996 .. Jlllii~~L0 Mr. Frank Boyles City Manager City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN" 55372-1714 RE: Northwood Road Project Project 94-02 Dear Mr. Boyles: Evergreen Land Services has completed our work on the referenced project. Of the nineteen parcels we were asked to secure land rights from, we were successful on eighteen. The nineteenth parcel, James and Linda DWlIl, required condemnation. " Our services and expenses totaled $14,346.93. We have received payment of $6,000.00 leaving a balance due of$8,369.93. I have been advised by your staff that the City Council has refused payment on the balance due because they originally authorized only $6,000.00. Perhaps a review of the project, request for services and project activity is necessary before the Council is asked to reconsider their decision.. We were requested in November, 1994, by your consulting engineering firm MSA to review the project requirements and prepare an estimate. In December, 1994, we made.'!jJroposal to acquire easements on t'?'-eJY~-par..cJ:l&.ior an estimU.ed...range .of..$~a.oo_oQ._tQ_S5:0.Q9~Q.q~ Thlsdidnot include any appraisal work. or- document preparation. In a conversation with your staff we were asked to ~~_~~_!PE~~, but not c'...... cry the~ with Minnesota State Aid procedures in mind. We advised your staff we would have to increase our ~~~~~!-,.Q99.:-99_~"--- --'-." , - ------ l\IIr. Frank: Boyles July 16, 1996 Con't page 2 In January we were advised that the City would like to use our services on the twelve parcels and that a ,)}o'4 dig 1995 COtl.)L. uction was planned. In February, 1995, two additional parcels were added bringing the total to fourteen. In March, 1995, a meeting was had with staff to review the appraisals. The number of parcels was also increased to nineteen. We were asked to review the appraisals. We did and advised staff that a Minimum Damage Assessment process could be used and it is in accordance with S tate Aid procedures. Our analysis reduced what the offers to the landowners would be from $137,990.00 to $48,015.00. A reduction of 589,975.00. We were asked to proceed with the work required under these procedures and make offers. We were subsequently advised that the project was being delayed until spring of 1996 and that condemnation would be delayed so we could negotiate longer with the parcels and avoid the cost of condemnation. If we analyze the savings on just the eighteen parcels we were successful in securing rights from, the original appraised value and offer, if this process was followed, it was 5106,530.00. We secured these rights for 526,265.00. A savings to the City of 580,266.00. Also if the appraised values had been used, and the original construction schedule of 1995 followed, several parcels would have been placed in condemnation instead of just one. A good estimate of the number would have been 50%, or nine parcels. MN'/DOT estimates each parcel they cond,=-uu.L costs 51,500.00 to $2,000.00 plus the awarded amount. Ifnine parcels would have been condemned at an estimate of 51,500.00, this would have totaled S 13 ,500.00. $5,000.00 more than the amount of our unpaid invoices. We never executed any agreement with the City covering our services. This is typical with the majority of our Cli"ulS, we just provide the services as requested. If an agreem"44L had been signed, we would have requested changes every time the number of parcels changed and when our services were requested to change. Instead we provided our services to complete the project with the least minimal cost to our client for right of way. Mr. Frank Boyles July 16, 1996 Con't page 3 It is my feeling that we provided our services as requested by the City and completed them at a great savings to the City plus the good will of the City was upheld with the landowners. Every one of the landowners who signed feels they were treated fairly by the City. For all of these reasons I am asking the City Council to reconsider their earlier decision and authorize payment of the balance due of $8,369.93. I would be glad to meet with you and your Council to discuss this further if necessary. Sincerely, ~~g~ Stuart "Bud" Storm, SR/W A President SBS:bz liSt CONSULTING ENGINEERS 1326 Energy Park Drive St. Paul, MN 55108 612.644-4389 1-800-888- 2923 Fax: 612-644-9446 CIVIL ENGINEERING: ENVIRONMENTAL MUNICIPAL PlANNING SOUD WASTE STRUCTURAL SURVEYING TRAFFIC TRANSPORTATION ELECTRICAL/ MECHANICAL ENGINEERING: HVAC POWER DISTRIBUTION SCADA SYSTEM CONTROLS OFFICES IN: MINNEAPOLIS PRIOR lAKE ST. PAUL W ASECA September 25, 1996 File: 102-025-53 Mr. Frank Boyles City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372-1714 RE: NORTHWOOD ROAD - RIGHT-OF-WAY LEGAL DESCRIPTION WORK CITY PROJECT 94-02 Dear Mr. Boyles : In late 1994, MSA submitted a proposal to the City for the preparation of easement descriptions for this project (see attached 12/09/94 proposal letter). You will note that the proposal, which was accepted, was based on preparing easement descriptions on twelve parcels of land. As the project moved along, a series of events occurred, none of which was controllable by MSA, which required that easement descriptions be prepared on pineteen 9arcels. One of the unanticipated extra parcels was the Dunn property. When the proposal was submitted, the City and MSA were of the understanding that all necessary easements from this property would be obtained via the platting procedure. As you know, the parcel was not platted and it was necessary to prepare metes and bounds descriptions for several different easements on this parcel alone. The easements were very complex, including a storm water ponding easement. In fact, the fmal description for this parcel alone covered six typewritten pages. The Dunn parcel was only one of the seven new parcels that were not included in the original proposal. As the need for these easements were identified, MSA completed the work at the direction of the City. When the appraisals on the land acquisitions came in, there was great concern about the appraised amounts. Frank Kriz, the MSA registered land surveyor in charge, gave the matter some thought and suggested that perhaps the City could reduce the area of the taking by recognizing areas where prescriptive rights had been obtained by virtue of public travel on the land. This was a wonderful idea that the City ultimately used to reduce its land acquisition costs by a very significant amount. However, this again required MSA to perform much more unplanned-for field work to defme the prescriptive rights areas. There were numerous other changes to the easements as time went on, both by the private land owners and the City, all of which necessitated extra work by MSA. If there had been minor changes to the agreed-upon work scope, MSA would have assumed the overages . We have done so on many projects before. But the work scope changes here were major, necessitating large additional costs. The company has incurred costs beyond what is presently outstanding on the project. MSA has already written much of this off. But we feel that payment of the presently outstanding invoices in the amount of $6,864.47 is fair, given the significant changes in An Equal Opportunity Employer Mr. Frank Boyles September 24, 1996 Page Two the work scope that were necessary to complete the work. Would it be possible for you to consider this matter and to discuss it with the Council if necessary? We would be ready to discuss this further with you or the Council at your convenience. Sincerely, ~\-~ERS Craig L. Ebeling Manager of Operations CLE:tw 025-2413.sep }1~Jl (1J.~~rL n\G K\Gl\fll~ 1326 Energy Port 0rM St. Paul, MN 55108 612.64,4.4389 I .800-888.2923 Fax: 612.644.94.46 OVIl ENGINEERING; ENVIRONMENTAL MUNIOPAL PI.ANN1NG SCUD WASTE mUCiURAl SURmlNG ilAfFIC TKANSPCRTA l10N EL~CAlJMEOiANlCAl :NGiNSlNG. HVAC POWE.~ OlSiilaunCN sc;'OA SVSiE.'-\ CCNiaOLS OfFICES IN: MlNNEAPOUS PRIORlAXf ST. PAUL W ASf.CA December 9, 1994 File: 102-025-53 Mr. Bruce Loney, P .E. City of Prior Lake 16200 Eagle Creek Avenue Southeast Prior T ~~, MN 55372-1714 RE: EASEMENT PREPARATION FOR 1 J:1J::. NORTHWOOD ROAD PROJECT Dear Mr. Loney: We have jJ"'~ an estimate for the i1J.~on of the easements for the Northwood Road project. The project will consist of pJ.~~g easements for 12 parcels of land. Our services would consist of pJ.~~g the easement documents, exhibits, field locations of section lines and lot lines, meetings with the City and the acquisition company, and the pJ.",~on of a right-of-way plan. Our pJ.u}lOsal is based on our hourly rates with a not-to-exceed cost of $8,300.00. If there are any questions regarding the above proposal, please contact our office. Yours truly, MSA, CONSULTING ENG~l:..t:.KS 4 4 J;:; Frank S. Kriz, R.L.S. FSK:pd 0254W9.dec September 24, 1996 Page number 2 ---------------------------------------------------------------------- Document Date Invoice Invoice Cash Receipt Invoice Cash Receipt 21342 21756 30719 22145 31000 7-09-96 8-07-96 8-21-96 9-11-96 9-18-96 Balance Project 102-025-40 NORTHWOOD ROAD FIELD SERVICES 20956 6-02-96 30273 7-03-96 21343 7-09-96 21757 8-07-96 30719 8-21-96 22146 9-11-96 31000 9-18-96 Balance Invoice Cash Receipt Invoice Invoice Cash Receipt Invoice Cash Receipt Debit Credit 2,356.60 2,481.92 1,892.06 5,195.03 2,356.60 2,481.92 10,418.45 10,418.45 21,921.94 9,332.68 6,636.84 6,636.84 21,921.94 9,332.68 Project l.O2-025-~ NORTHWOOD ROAD EASEMENTS Invoic"e 14544 11-04-94 743.09 Invoice 14883 12-06-94 1,211.20 Invoice 15204 1-12-95 2,386.42 Cash Receipt 1286 1-25-95 1,954.29 Invoice 15511 2-10-95 10,823.76 Cash Receipt 1304 3-08-95 2,386.42 Cash Receipt 27740 10-05-95 3,959.29 ... Balance 6,864.47 " Project 102-025-58 NORTHWOOD ROAD ASSESSMENTS Invoice 11356 12-10-93 844.85 Invoice 11636 1-10-94 46.28 Cash Receipt 1183 1-20-94 844.85 Cash Receipt 1194 3-03-94 46.28 Balance .00 Balance due Current 8,528.90 31-60 days 61-90 days 29,157.70 91-120 days 121+ days 20,628.80 (:_- ('. :> ,. . ) Maier stewa...... L & Associates P.o. Box #334 Center City, ~;~esota 55012 Invoice number 14544 November 4, 1994 Page number 1 Project 102-025-53 NORTHWOOD ROAD EASEMENTS City of Prior Lake Attn: Mr. Bruce Loney Assistant City Engineer 4629 Dakota Street S.E. Prior Lake, Minnesota 55372 For Engineering Services Rendered October 2 through October 29, 1994 Professional Services -~----------------~---------------------------------------------------- Registered Land Surveyor Frank S. Kriz Easements 10-29-94 Services total Project Billing SUwwary Professional Services Total Prior .00 .00 Hours Rate Amount ------- ------ ---------- 10.50 70.77 10.50 Invoice total CU....ent 743.09 743.09 743.09 743.09 743.09 Total 743.09 743.09 Maier stewart & Associates P.o. Box #334 Center City, Minnesota 55012 Invoice number 14883 December 6, 1994 Page number 1 Project 102-025-53 NORTHWOOD ROAD EASEMENTS City of Prior Lake Attn: Mr. Bruce Loney Assistant City Engineer 4629 Dakota Street S.E. Prior Lake, Minnesota 55372 For Engineering Services Rendered October 30 through November 26, 1994 ----------------------------------------------------------------------- Professional Services Hours Rate Amount ------- ------ ---------- ~j Registered Land Surveyor Frank s. Kriz Easements 11-12-94 11-19-94 Calculation 11-19-94 .50 70.77 2.50 70.77 35.39 176.93 2.00 70.77 141.54 Senior Draftsperson Joseph P. Longtin Drafting 11-19-94 2.50 51.44 128.60 Timothy Calhoun Drafting 11-19-94 3.50 25.57 89.50 Survey Crew Chief Scott J. Niemann Surveying & Staking 11-12-94 Easements 11-05-94 5.50 47.07 5.00 47.07 258.89 235.35 Invoice number 14883 December 6, 1994 Page number 2 Project 102-025-53 NORTHWOOD ROAD EASEMENTS ----------------------------------------------------------------------- Professional Services Hours Rate Amount --------------------- ------- ------ ---------- Instrument Operator/Tech II Robert K. Monjeau Surveying & Staking 11-12-94 5.00 29.00 145.00 Services total 26.50 1,211.20 Invoice total 1,211.20 Project Billing Summary Professional Services Total Prior 743.09 743.09 Current 1,211.20 1,211.20 Total 1,954.29 1,954.29 J .....,. Maier stewart & Associates P.o. Box #334 Center City, Minnesota 55012 Invoice number 15204 January 12, 1995 Page number 1 Project 102-025-53 NORTHWOOD ROAD EASEMENTS City of Prior Lake Attn: Mr. Bruce Loney Assistant City Engineer 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372 For Engineering Services Rendered November 27 thru December 31,1994 ----------------------------------------------------------------------- Professional Services Hours Rate Amount .'-:} Registered Land Surveyor Frank S. Kriz Project Supervision 12-10-94 Easements 12-03-94 12-17-94 12-24-94 12-31-94 Research 12-10-94 12-17-94 12-24-94 Calculation 12-10-94 7.50 70.77 530.78 4.00 70.77 283.08 1.00 70.77 70.77 2.00 70.77 141.54 1.50 70.77 106.16 .50 70.77 35.39 1.50 70.77 106.16 3.00 70.77 212.31 1.00 70.77 70.77 steven V. Ische Research 12-31-94 1.00 55.02 55.02 Senior Draftsperson Joseph P. Longtin Drafting 12-03-94 12-10-94 12-24-94 12-31-94 5.00 3.00 3.00 3.50 51.44 51.44 51.44 51.44 257.20 154.32 154.32 180.04 Invoice number 15204 January 12, 1995 Page number 2 Project 102-025-53 NORTHWOOD ROAD EASEMENTS ----------------------------------------------------------------------- Professional Services Hours Rate Amount ------- ------ ---------- Survey Crew Chief James L. Fitch Surveying & Staking 12-10-94 .50 39.44 19.72 Word Processor Patricia M. Dowd Clerical 12-10-94 services total .25 35.34 38.25 8.84 2,386.42 Invoice total 2,386.42 -:,) Project Billing Summary Professional Services Total Prior 1,954.29 1,954.29 Current 2,386.42 2,386.42 Total 4,340.71 4,340.71 ") Maier stewart & Associates P.o. Box #334 Center City, Minnesota 55012 Invoice number 15511 February 10, 1995 Page number 1 Project 102-025-53 NORTHWOOD ROAD EASEMENTS City of Prior Lake Attn: Mr. Bruce Loney Assistant City Engineer 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372 For Engineering Services Rendered January 1 through January 28, 1995 ----------------------------------------------------------------------- Professional Services Hours Rate Amount , , 1 '.~-/ Graduate Engineer Cindy J. Blanski Project Meeting 1-07-95 1-14-95 5.00 45.81 3.50 45.81 229.05 160.34 Registered Land Surveyor Frank S. Kriz Project Supervision 1-07-95 Easements 1-07-95 1-14-95 1-21-95 1-28-95 2.50 70.77 176.93 4.00 70.77 283.08 2.50 70.77 176.93 4.50 70.77 '318.47 3.00 70.77 212.31 Steven V. Ische Project Meeting 1-07-95 Easements 1-14-95 1-28-95 Prepare Easement Description 1-07-95 1-14-95 1-21-95 4.00 55.02 220.08 8.00 55.02 440.16 8.50 55.02 467.67 15.00 55.02 825.30 13.50 55.02 742.77 36.50 55.02 2,008.23 ) Invoice number 15511 February 10, 1995 Page number 2 project 102-025-53 NORTHWOOD ROAD EASEMENTS ----------------------------------------------------------------------- Professional Services Hours Rate Amount ------- ------ ---------- Research 1-07-95 1-14-95 5.50 55.02 302.61 10.00 55.02 550.20 senior Draftsperson Joseph P. Longtin Drafting 1-07-95 1-14-95 1-28-95 36.50 13.50 12.00 51.44 51.44 51.44 1,877.56 694.44 617.28 Joseph A. Milashius Drafting 1-21-95 .50 38.29 19.15 -) Rod Person/Tech III Barritt R. Lovelac~ Assessments 1-14-93 7.00 20.11 140.77 ~'lord Processor Teddi J. Wheeler Clerical 1-28-95 2.00 49.00 98.00 Patricia M. Dowd Clerical 1-07-95 1-14-95 1-28-95 .25 .25 1.25 35.34 35.34 35.34 8.84 8.84 44.18 Clerical Debbie S. Butterfield Clerical 1-28-95 Services total .75 36.09 200.00 27.07 10,650.26 Invoice number 15511 February 10, 1995 Page number 3 Project 102-025-53 NORTHWOOD ROAD EASEMENTS ----------------------------------------------------------------------- Reimbursable Expense Cost Amount ~------------------- -------- ---------- PERSONAL VEHICLE 1-14-95 34 miles @ .25 8.50 8.50 AUTOCAD 1-28-95 11 hours @ 15.00 165.00 165.00 Reimbursable total 173.50 Invoice total 10,823.76 Project Billing Summary Professional Services Reimbursable Expense Total Prior 4,340.71 .00 4,340.71 Current 10,650.26 173.50 10,823.76 Total 14,990.97 173.50 15,164.47 .~J NORTHWOOD ROAD . ,. ,'. f1\~i~~~~~'(~~'kn 1. UTilITY ANlJ fJRAJHAC( r...S(U{NT - .wn6 Sf \...:.J~'t"UA.NINI ullll', "t-,O OAA"'''''~ (A~"Nf - )JIb Sf l(.....0ftAk't' ~lOf'( [A~U(NI - ,:-I6Itl S r 0~~g~~~(~I""~~Nr(1. ulll.1't ""'0 DRAINAGE [AS[U(NI - 99 Sf U......\tH..H( ')LOP[ lA~"'(NI - 'o~l Sf 0~;~:~I~~;~t~~0p( [AS[M(Nt - ~OO S r Noll [A'.(WNJ ':.OJ.HE rOOTAC( SH,lWN DOfS ,.,OT iNn ultl Utt ~tAUlD ...R{A C,[(lAHEO 0 ( luE 1.11. A') PHI ~CHIt'IIv( HICHIS PHt ').....~tPIIv( NIr.tH AR(AS IN..:LUD( ONl f rK[ (XISlIN(; lNAVlll-(D AO.ADWA, AND (...OAN......[NfS 60' PERMANENT STREET, UnUTY AND DRAINAGE EASEMENT AREA Of PRESCRIPnvE RIGHTS DECLARED BY TliE CI TY r 2:>' TEMPORARY r _ SLOPE EASEMEN r I ..................... 2546 S.f. ..... -.., I GOV'T lOT I 20023 S.f IOI!LLc'JB'JLlW! .l.\ . uo'12'Ott~ lot .. I~OO o~f , - 51 20' l .. 162 ~6' ~ . 162 ~S' POINT "D' , , JQ!~L...L'.I.lIjJLc..e.(! ^ . },.::~,.1Z~ R . '},~)()IJ r .. Ib-' H l . ):6 ~~. C . J~O 1ft' ( --- / ~~ TEE"':~E'...RE~T 1044 Sk~. ,_: ~~ ^, ~ : :'2~' , " ~ : ;~ ~~, " ~.4) 12' ._ ' ~~ "> (;} .~?~ ~. r,l)v'T lOr I r UPPER PRIOR LAKE ,~,~;:;~.,~::'~~..r:::.~ ;:.~~::- ;:tt~:~ ~~:-l ..~l:;:' ~.:....~.~ ~::'.ll..',:: ,: \:~' ,:'~' ~'tl~O( .,~ ~ ~a.. .', l-n~ ...~, z~Oez. TSAl "';LOlt flUf!ll 1326 fN(RCY P_ DIll\\: ST. PAIJl. WlNHESOTA ~!tloa (Ill) .4<4- uae ..NI': ',:':';1. '.lI:j~.' ,1,';,',1 ~:_I'I~' ;"! '.1" 'I.- ,'.,j\' I '~-"" ;::'\c9-~ r ~"l'" _ -I E o '0 ....---... \1'" ~ ~) , CITY OF PRIOR lAKE NOR TliWOOO ROAD RICHT Of WAY PLAN C.S..'.H. 12 TO FREMONT AvE. 201-109-01 ,ol. I +lU "J"') I ..HI 43 , 46 loti I: ~ ......11 S.A.P SEE SHEET .~ o ~~~'tJ& ~(~A~::~~ 860 s,r CD ~~~...;'y .~~~ EE"~~~t - ~62 ~r ?(RwAHEN' ullllt( AHO QM.......C[ [A,YW(Nf - 94a s.; .681 '5 r II Iol(RIlEE Jo ~v.:,G( C.YI'(NT _ f6\ ~::':~Nr UflLlIY .... r I~' 5 r \.:J II< ".A\ OOR ..as SF C.YIoO(NT- S J .. .;~JOI [ASnl(Nf.. ORAlH"G[ (0 :~~:} ~~~h unurv ANO \06 S r PER" . OVPONT OR"N.G( E':"~N~.r- ilERNAlIO ; :I~ UIIU!~:~C( CA;E..ENr ~ < F o ~::::::l:. ,~, _~:~, '"_~ "'~~";" . (;;\ RONALO N .s~;~i~. JvnuJ;.A::~C( EASE"ENr - I ~ PER.....~=: 51REET ANO C,S("ENT _ .., S ::: , · ~t.. ~~~'"t:'.::l", . ~ " . @ .~~.:: l~, _. ...~"' ...." , =. · ':::.~'":::;:=.r..::..::.. . "" · . @ ::::::::::: 1.." - '" '"_~ ,.~.: ;,'''' S f H.....",(R unuN "NO""ro (A':)[t.~tH t::;\ TliOU:":Nr STREET. NO ORA""_ o :::"_.. ..".. _ '/ .-. ." @ ;:;,u,." ... ..." ,"N. "'"':\ R'lO " II s~vc ':;"~AIH'C( c.YI'( AI I ~ PER"'A~~~Tp~NDING ~~~\f. @ ~~_.. "~... -'_ ,,_ ...~.. '00 . t:':\ ARRY Wi II: ~(T. unun l .~>"<../ ~ o ~_." .~ L" _. .. ~ .. ". q . . ~~~n~ '{'''UN RZ:.V $"'t. rnT&IQ':'1~~"'':'' 0'" \ "'" '" . - . " R . JOO~ A . G,lV Lor ~, T _ :112 , - ..... ~ , ,..m ! I . ---,.... \ ,//! I \ / EASEt.lENT SQUARE fOOTAGE SHO"" DOES NOT INCLUOE THE SHADED AREA DECLARED BY THE CITY AS PRE SCRIP nVE RICH TS PRESCRIPTIVE RIGHT .REAS INCLUDE ONLY THE EXISTlNC TRAVELLED RO.D'NAY AND EMBANK...ENTS NORTHWOOD ROAD / '~2V LvT 5 @ - NOTE: / / / ..... /,.;1'J~:J) ,,/ .,,' +Cj~ ~ /"'~':'~~?:;. ,'. ;t:-;ooo- w ~ POiNT .G.<~~~ / '''~.~~ / \ o~'~~'~I' . /.";:'11 ",-J ,\. /j<....._ ) 'V ,I, ...........~.s -t ;,.u~~" '...................... .;.}~"'~ll "- ./ ~ 01 , -I ~/-... "~..,.,. 'I ~ ~ - }I ~:.: ~l':.:~,,~~) . ~ ~ ~~~\, .... ~.. \ ':000' S 89'24'19" N __/ '.......~ S ~-::';...,,,,. 2~ ~9' S .10"':".," [ .-/ / ./ [XI'5TiHC (Asc..(...r raA ...nCr~A PQNO / ( UPPER /// ./ '---..: /'-......,~ '--~ @ " /// \// LAKE OUILor A " -==----- (~ "- " PER"'ANEN T S ITlEET. UTlUTY AND DRAINAGE EASit.lENT PER....NEN r STREET AND DRAINAGE EASElotENT Pl02~Jh.2 --1 / ,,' ....,,',\1.\ ,'1.1' 1"'1 ...,.J.hl :.1'1.1' O.ltl''''', .",. . I I ~ " .... .:\~~~~~~~_.- ;"~~:f~~t I' 11'1') I .......--.-- I " -- .\.!~ '--- ~ CITY Of' PRIOR LAKE NCRTHWOOO ROAD RIGHT Of' 'NA Y PlAN C.S.A.Il. 12 TO fRE...ONr AvE. S.A P 201-109-01 ~~u ,1")'.1') . I ,"J t f ~.. ., "6 '"-'Ill ;', I '....'.10. I "'" Ill': o <( o a: o o o ~ I /~ r- h a: / ~~ 0/ III '> o <.) I I , (tJ o S o :;; . ~ z ~ 2 ~ z ! ~ ~ ~ O~ ..~ W gu ~"' ~ !i <( ..~ ..J ~z ., ~i ~i5 '" 1 ~~ ~~ a:: 0 @) 0 @ ii: 0- a:: w 0- 0- ::> ~ w ~ ~~~~ ~~~~ iX8 ~e: ~ Q.i\')S 15= ~'" ~ ~~g~ _ CI:-< U iii u_ !: o ~ ~ ~ ~ ;:' c "! vii - J ~; )'1'; .., _.J "c~ -, ~.. .. J z / ... ~ :J ~~ g; ...~ ZZ ~~:;; :J I tl ~: f ::: t i :!: I ~-' if I ./ " ,,(/ /": '\ ,;./. /// u~ ...., Ig: ~i~ 5~ s: ~ ~ ~ :- j ~ I I ~'i .,./ I ~... '/~~ '. ~~ / ~... /' 13 /" /~ / \ //' /"', /" /// // ./" ,,'/\, / // /~ / // // /r''' \ // /"./ /' . //" \ /~". ,/" ,,' / \ ~;/// :,/ //"\ .~~ //~/\ ::; /' "./\ / /' \ // : /'/' - ~\ /' /' // \ /" / // \ / /"/ ~ /" //"\ /" -'" \ \ ,-,\ .~ // / . ---.:.: . ~ I~~ 1---- ~ ...~ , 1~ : ! ~ = ~ ! ~ ~ ! 'J ? '1 ~ ~ r kJ~ -. ;P~l ' - {! ::~ ' :. I i I-- ,//' //// "1 -//'- // /" / /" ..... ...../" //"' ,..../// \ \,\ \. \ / '\ \ @ '- \... '<. .. J'-;-> ~\ ~~"'i.\) ~J'~ '\ \ \ \ \ \ \~ l:~ ::I'" F=.... =>u ...~ ;3! ~~ ~~ -- \ \ \ .. .. ... .... ~ ... ... III ca, \ \ '-- 1// / / / / / / / / "<~/ / ------ / NORTHWOOD ROAD " // \~ \,~~. ." )<~~\ 'Y- ".... '-\.. ~ ./ I / PERt.lANENT SIDEWALK AND unUTY EASEt.lENT 184 S.f. / / ;' / I / / / / ; / / I /11 / / / / / / / / / ;' I / / I / / UPPER / I PRIOR LAKE . '1"'''' l"'''' :...1 'u) q.... 01'.." &.." tlj.1I ..'...'..11._1."'.....,._..101...1""4..- '.....1-".. ...... ......r.... ..."l...l...I'..... '.~~"h~Z' .;. &::.:i.' ,...._H3~.,..,~. _Z~oez. I ~_SA ~Nlr.XilCl\ii1l 1328 ENt:RCT PARt( 0Rt1J( ST. PAU,- UIHNESOTA 5~IOa (112) 1."-4.)89 '.IJ'''' ...4./:.r.\ I,t .f' ....If _~~~. 1.1&t''''L ;".. II" '_N"II'.t. .,1.', .~~~~','!.'-~-I~.~'!~#I_~ ~~~~-- ;':--=1- HU__.'__ -- "'lg:~W. \ \ / I PERt.lANENT STREET, unuTY AND ORAINAct EASEt.lEN T @ ~:~~:(N~ ~';:[~T~-lJ~:::: ANa OftA.INAU [ASfU(NJ - ~~70 Sf Io6(AMA":N' S TR[[T "'Nfl f)lO[wAlK (A")(\oI(N I - :!nll Sf PERa.tAN!::t4r SIRHT :,uo ORAiNAvt ~"'';.t'''[N' - 3.'6 SF PEkUANI.'kl 'JJiLlI't ANO URAIU~.:r t.~EU(NI :,SW 'if PfpuAHt:NI IJllUry, :';"'''INAa 101\10 Pt'l,..c)!...c. [.lS["'ENT - }17)7 Sf ?lPUAHfNt ';I[.('''''''l... .l.NO uTllIfy (.a.-:"[UtNf - HS4 Sf P(RW"HL:"l r S,[,C "'All( t "'i.EW(N I - ..,\17" :) r ~lllW~"NT ~lOP( E.a.SEMt.NI ~)<}".i. Sf ""IE E"'SE"':NI <iOuARE rOOl...(.( $UOMf 0.'.($ ~or ,t+t:llJO( 1h( ~ I ,...lJ(O 'h('" OFl,l.R[lI :t" r"'l tlI' ...s. ""'(~(WPIl"t: klCulS PArSCRIPn...'( RIGHI ""C"'S INCLIJO( .)NL-t TUE (luSTING TlU,~EllEO ~OAOW"Y .:.NO LMtI......."""(~,tS @ ~~~~...::~~~~.\~~~~N' - I~g} Sf @ ~:,,~~,l~~;~~~. ,!~~I7':GANO OR...IN"'C[ r"'S[Y(NI - dO Sf PER'.....N(NI unlit" "...0 OR.........CC [...':),...(NT - 124J S r P(R......N[Nf ~OEW...LK, IJnulY "'1'40 lJhAINAl.A; (AS(W(Nr - ~ sr JOHH ......0 LOfblHE l[ll8CAC PIO_ NO :z:a- :06-00.0 tRACT 0 RLS 10:! 6 .. 19')9'17- A . ~a2 s. r .. tOO<j6 l . 199 i4 .; . 11" .;)~' N .&'j"15"19- ( PERMANENT UnUTY AND DRAINAGE EASEMENT FREMONT .,Ii<: II IO~ (~ 10> :t~i?~'JJt CITY OF" PRIOR LftKE NCRlHWOOO ROAD RICHT Of WAY PLAN C.S.A.H. 12 TO fREMONT A'<E. S.AP 201-109-01 rl~ ''J,)~ I ""t: - 46 . ..6 '"IIll::, : .',"' fl": .". 'l)~-"-", ~.. .I.....". ':'':'':'l:. ~o :_--"~~._~ ." AGENDA #: PREPARED BY: SUBJECT: DAl~: 4L LARRY ANDERSON, Lll 'i ENGINEER CONSIDER APPROVAL OF A .14EE INCREASE FOR EVERGREEN LAND SERVICE CO FOR EASEMENT NEGOTIATION FOR PROJEL 1 94-02 NORTHWOOD ROAD APRIL 15, 1996 Th i KODUL lION: The purpose of this ..~genda item is to authorize an increase in fees to Evergreen Land Services Co. for easement negotiation for Project 94-02 Northwood Road. BACKGROUND; On January 17, 1995 the Council authorized . Evergreen Land Services Co. to negotiate easements for Northwood Road. This proposal was based upon 12 parcels and the City providing the appraisal amounts to be offered to the property owners. The Council authorized $6,000 for these services. After the work was authorized staff set up a meeting with the attorney, appraiser, surveyor and Evergreen Land Services Co. to discuss the process for acquiring easements. I t was the consensus that the property could be acquired for less money if the amounts offered were based upon .the Assessors Market Value per square foot of easement acquired instead of the appraised amount. The appraised amounts is what would have to have been used if Eminent Domain proceedings were pursue~ and to have a defensible appraisal. EV';';J,OJ-een Land Services Co. used this method in calculating the amounts to be offered. The fee quoted was based upon being given the appraisal amounts. The actual number of parcels acquired were 19 instead of the proposed 12. The proposal anticipated Northwood Road being under construction in 1995 with a short time for negotiation. The parcels not acquired would have been acquired through eminent domain. With the project being done in 1996 a much longer time 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 A09402EV.DOC AN EQUAL OPPORTL':'IllT'r' E:"1PLOYER was available for easement negotiation. F our parcels of the 19 have not signed; however staff believes all will sign shortly with the exception of Jim Dunn. Evergreen Land Services Co. used the assessor's market value to acquire the necessary easements. In doing so, Evergreen Land Services Co. "saved" city taxpayers a total of $41,000. Evergreen Land Services Co. is requesting that the authorization fee for services be increased from $6,000 to $14,000 on the basis that the negotiations were considerably more protracted and time consuming than originally estimated. DISCUSSION: By having Evergreen Land Services Co. use the Assessors Market Value for land values the cost of easement acquisition has been reduced. Evergreen Land Services Co. spent a significant amount of time negotiating easements beyond the intent of their proposal. The amount of parcels negotiated was increased as part of the :final project design. ISSUES: The project cost has been reduced by $41,000 as a result of using this service. ALiJi.RNA11 YES: The Alternatives are as follows: 1. Approve as part of the consent agenda a motion authorizing the fee increase to $14,000 to Evergreen Land Services Co. 2. Table this item for a specific reason (requires removal from Consent Agenda). RECOMMENDATION: The recommendation is Alternative Number 1. J.4li~ANCIAL IMP AL I : The costs will be recouped from the municipal state aid account. AL lION REQlJ.u.<ED: Place Agenda Item 4 L on the consent agenda to approve increasing the fee to Evergreen Land Services Co. to $14,000 for easement negotiation forrWOOd Road Project 94-02. 1/J' /~ REv l.r. WE Y , A~.DOC Minutes of the Prior Lake City Council Aprlll5, 1996 MOTION BY MADER, SECOND BY SCHENCK, TO VFW Parking AUTHORI~ THE MAYOR AND CITY MANAGER TO Lot Lease ~CUTE A LEASE AGREEMENT WITH DWANE (Municipal AND MERLIN ARNDT FOR THE RENTAL OF A Lot) MUNICIPAL PARKING LOT. Upon a vote taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion carried. Consent AMenda Item 4K' - Consider Approval of PaYlnent for Previously Authorized Easelnent Acquisition for Project 94-02 Northwood Road. The City Manager introduced this item. Councilmember Mader stated that there was apparently some variation in how the estimated cost was calculated for this appraisal work. City Engineer Anderson explained how the property values are calculated and presented to property owners in negotiations for easement acquisitions with Public Works projects. He specifically reviewed the infoJ. J.J.J.ation in the April 15, 1996 report for all of the properties that were involved. He stated the costs for the easements had been added into the costs for Project 94-02 and would be recouped from State Aid Funds and through special assessments. A brief discussion ensued regarding the determination of property values for easements. MOTION BY MADER, SECOND BY KEDROWSKI, TO Northwood Rc AUTHORIZE THE PAYMENT OF EASEMENTS FOR Easement PROJECT 94-02 AND TO AUTHORI~.t.; THE Acquisition REQUIRED AMOUNr;f BE DEPOSIT~D FOR THE CONDEMNATION HEARINGS. Upon a vote taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion carried. . 2). Consent Aqenda Item 4L: - Consider Approval of a Fee Increase for Evergreen Land Services Co. for Easelnent Negotiation {or Project 94-02 Northwood Road. The City Manager introduced this item. Councilmember Mader stated he was not clear as to the justification for an increased amount for this consultant. City Engineer Anderson explained that, per the City Council approval in January, 1995, the staff had proceeded to obtain M041596.DOC 8 Minutes of the Prior Lake City Council April 15, 1996 the necessary easements. He stated that he had verified Evergreen had spent substantial time calculating and negotiating the easements and that the city was saved substantial time and expense. Councilmember Mader stated his concern was with the over- runs and that the Council was being requested to approve an expenditure for work which had already been done. A brief discussion ensued and Councilmember Schenck inquired of the City Attorney what the ramifications would be if the additional costs were not paid. City Attorney Pace indicated she would need more time to review the particulars of the request. In further discussion, both the Mayor and Councilmember Kedrowski indicated that the Council should have been informed of the additional costs for the project when it became apparent that the additional work and time was required. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO TABLE CONSIDERATION OF APPROVAL OF A FEE INCREASE FOR EVERGREEN LAND SERVICE COMPANY FOR EASEMENT NEGOTIATIONS FOR PROJECT 94-02, NORTHWOOD ROAD IN ORDER TO GET ADDITIONAL INFORMATION FROM THE CITY ATTORNEY AND STA.14'~'. Northwood Rc Fee IncreasE (Evergreen Land ServiCE Upon a vote taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion carried. B. The City Manager reviewed the Update Memorandum. The Update Council does not wish to activate the Assessment Committee for the Northwood Road Project given the current stage of this proposed improvement. C. Also, the proposed Minnesota Valley Transit Authority bus bench policy was discussed.by Councilmember Kedrowski. According.~to :MVTA staff, the policy was held to be applicable to all the member- communities. City staff had indicated that bus benches are not allowed in Prior Lake by the Zoning and Sign Ordinances and thus there may be a problem with MVTA agreement. Kedrowski stated he was meeting with staff and would be discussing it further with :MVT A board. MVTA Bus Bench Polic: D. Councilmember Mader inquired about the status of The Wilds The Wilds development and the transition of ownership. There was a brief Transition Ownership M041596.00C 9