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HomeMy WebLinkAboutAugust 23, 1994 BUSINESS DEVELOPMENT COMMITTEE AUGUST 23,1994 7:15. 9:00 A.M. PRIOR LAKE CITY HALL - CITY COUNCIL CHAMBERS '~ & AGENDA NOTE: The previous notice setting the next meeting date of the Business Development Committee on September 13, 1994 was in error. The next meeting is scheduled for August 23, 1994. The businesses in the downtown area have been invited to meet with the BCD to discuss their thoughts on downtown redevelopment. I. ROLL CALL ~rry Greenfield Ray Lemley Wes Mader v.1eannie Robbins ~at Wisser Ex-Officio Members / k~ Lu . vJenny Kraska - student council Jere Phillips ~eborah Rose Dave Pearson , Carrie Nelson II. APPJ}'JJj ~UTES * See attached minutes of July 26, 1994. III. CONDUCT DOWNTOWN BUSINESS DISCUSSION -IV. CHAMBER UPDATE - CARRIE NELSON IX. OTHER BUSINESS X. ADJOURN BDCAG2.BDC 4629 Dakota S1. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MINUTES OF BUSINESS DEVELOPMENT COMMITTEE TUESDAY, JULY 26, 1994 I. ROLL CALL Present: Jeannie Robbins, Nat Wisser, Larry Greenfield, Ray Lemley, Wes Mader, Deb Rose, Bonnie Carlson, Roger Guenette and Carrie Nelson. II. MINUTES MOTION BY, NAT WISSER, SECONDED BY, LARRY GREENFIELD, TO APPROVE THE BDC MINUTES OF JUNE 14, 1994. MOTION CARRIED. ill. AMENDMENT TO DEVELOPMENT DISTRICT NO.2, APPROVE TAX INCREMENT DISTRICT NO. 2.3 AND 2.4 MOTION BY NAT WISSER, SECONDED BY LARRY GREENFIELD TO APPROVE AMENDMENT TO DEVELOPMENT DISTRICf NO.2, AND CREATION OF TAX INCREMENT DISTRICfS NO 2-3 AND 2-4. MOTION CARRIED. IV. DISCUSSION OF WATERFRONT PASSAGE BUSINESS OFFICE PARK Larry Anderson, City Engineer discussed the conditions and soil boring reports on the soils in the Business Office Park. The borings indicated readings average a maximum bearing pres suire of 2,000 pounds per square foot Mr. Anderson indicated that these soil conditions were generally considered adequate, however, conditions in some areas may greatly vary. Because of these varying conditions City staff has recommended that the City offer to share the cost to conduct the site survey and soil borings in order to accurately assess the soil correction necessary for the building site and so that the developers agreement can be negotiated taking these factors into consideration. V. REVIEW BUSINESS OFFICE PAR~ STEPS The Business Office Park Project Guideline areas discussed by the BDC. VI. CHAMBER UPDATE. CARRIE NELSON Carrie Nelson updated the BDC on Chamber activities including Lakefront Days on August 5-7 and the circus on August 16, 1994. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER vn. OTHER BUSINESS Wes Mader asked whether a BDC representative could participate in the presentation of interim reports for the commercial and industrial market study. vm. ADJOURN The meeting adjourned at 9: 15 a.m. BDCM8.BDC August 8,1994 To Business Owner The City of Prior Lake's Business Development Committee (BOC) is a volunteer committee formed by the City Council whose charge is to assist the City in promoting development. The BOC has developed goals which include working with existing businesses to identify and explore ways to enhance their business profitability. On Tuesday, August 23, 1994, at 7:30 a.m. the BOC has set aside time on their regular meeting schedule to hear from property and business owners from the downtown commercial area, regarding their thoughts and plans for enhancing existing business development in the downtown area. The meeting will be held in the Prior Lake City Council Chambers. Coffee and donuts will be provided. The EOC would appreciate your attendance at this meeting. Please come with ideas and suggestions about the following: 1. What are your business needs, and are they being met? 2. What are your business .plans for the future? 3. Educate us on business issues in Prior Lake. Please call Bonnie Carlson at 447-4230 if you cannot attend. Thank you for your anticipated participation. Sincerely, Bonita Carlson Assistant City Manager REDELT.CM AGREEMENT FOR PROFESSIONAL SERVICES CITY of PRIOR LAKE SCOTT COUNTY, MINNESOTA THIS AGREEMENT, made and entered into effective this ~ day of AUQust 1993, by and between JAMES R. HILL, INC., a Minnesota Corporation (hereinafter referred to as the "Consultant"), and the City of Prior Lake, a Minnesota Municipal Corporation (hereinafter referred to as the "Client"); WITNESSETH THAT: WHEREAS, the Client wishes to engage the Consultant to provide various professional services; and WHEREAS, the Consultant wishes to provide such services upon the terms and conditions as hereinafter set forth, NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree to as follows: 1 . Enaaaement of Consultant. The Client hereby retains the Consultant and the Consultant hereby agrees to such retainer to perform the professional services hereinafter set forth on the terms and conditions hereinafter set forth. 2. Scooe of Services. During the term hereof the Consultant shall perform the services set forth and described in Exhibit A, attached hereto and incorporated herein by reference (the "Services"), at the time and in the matter provided therein. 3. Additional Services. The Consultant may from time-to-time provide additional services outside the scope of the Services (the "Additional Services") of the type and at such time and in such matter as may be agreed in writing between the parties hereafter, and the Client hereby agrees to compensate the Consultant in the amount, at the times and in the manner set forth and described below and in Exhibit 8, attached hereto and incorporated herein by reference. 4. Compensation. In consideration of Consultant's performance of the Services, the Client hereby agrees to compensate the Consultant in the amount, at the times and in the manner set forth and described below and in Exhibits attached hereto and incorporated herein by reference. Compensation for Additional Services shall be made on such terms as hereafter agreed by the parties with respect thereto. (a) TiminQ. The Consultant shall submit to the Client an invoice each month for the Services provided and for the reimbursable expenses incurred by the Consultant during the previous month. Payment by the Client to the Consultant shall be due and payable before the 15th day of the 2nd month following the date of the invoice. Payments not received by the Consultant by said date shall be overdue, unless otherwise stipulated and agreed to in writing by the parties hereto, and shall thereafter bear interest at the rate of 1% per month. The Consultant may, upon giving written notice to the Client, suspend its performance of the Services without liability until such time as the Client has paid in full all amounts then due the Consultant on account of Services rendered and expenses incurred up to the date of suspension. Time is of the essence in payment of invoices and timely payment is a material part of the consideration for this Agreement. 1 ( b ) The work performed by the Consultant shall be deemed approved and accepted for payment by the Client as and when invoiced unless the Client objects to such work within 30 days after the invoice date by written notice specifically stating the details in which the Client believes such work is incomplete, defective, or otherwise unsatisfactory, and the value thereof. The Client shall pay for all work not subject to objection. 5. Special Conditions. Special conditions, if any, that shall apply to this Agreement shall be as set forth in Exhibit C attached hereto and incorporated herein by reference. -----, 6. Effect of Prior Aareements. This Agreement is intended by the parties hereto as the final and binding expression of their agreement and supersedes and revokes all prior negotiations, representations and agreements, whether oral or written, relating to the subject matter thereof. 7. Enforceability. If any provision contained herein shall be deemed or declared unenforceable, invalid or void, the same shall not impair any of the other provisions contained herein which shall be enforced in accordance with their respective terms. 8. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Minnesota. 9. Notices. All notices, requests or other communications from one of the parties hereto shall be given in writing delivered in any reasonable manner. Such notices, requests and communications shall be considered to have been duly given if in writing and either (i) personally delivered, with a signed receipt therefor being obtained, or (ii) deposited in the United States mail, first-class, certified or registered, postage prepaid, return receipt requested, addressed to the respective party at the address set forth below, or to such other address as such party may hereafter designate by notice to such party. If so delivered or mailed, such notice shall be effective as of the date so personally delivered or mailed. /~, If to Consultant: Richard Krier, AICP Vice President James R. Hill, Inc. 2500 West County Road 42 Suite 120 Burnsville, Minnesota 55337 If to Client: Frank Boyles, City Manager City of Prior Lake 4629 Dakota Street SE Prior Lake, Mn 55372 1 O. Enforcement Costs. Should any party hereto default in any obligation of such party under this Agreement, the other party hereto taking action to enforce such obligations, or to seek a remedy for such default shall, in addition to any other amount to which it may be entitled, be entitled to recover the costs of such enforcement, including, but not limited to, reasonable attorney's fees (whether or not such actions involve the actual commencement of legal proceedings), incurred in connection with the enforcement of such obligation, provided, however, that such party prevails in such enforcement. ~ 2 11 . Termination and a Suspension. If the Consultant shall be in default in the performance of any of its material obligations as set forth in this Agreement. then the Client may. by written notice to the Consultant. require that such default be corrected. If such default is not corrected or reasonable steps to correct such default have not been taken, within 15 days after receipt of such notice. the Client may immediately terminate this Agreement and shall make settlement for the costs of the Services rendered, and reimbursable expenses incurred, by the Consultant pursuant to this Agreement and remaining unpaid as of the effective date of such termination. If the Client is unwilling or unable to proceed with or complete the project with respect to which the Services are to be rendered. the Client may terminate this Agreement by giving 15 days prior written notice of intention to do so to the Consultant. Upon receipt of such notice the Consultant shall be excused from any obligation to perform further Services other than those reasonably necessary to complete matters then in process. In such event, the Consultant shall be paid by the Client for all Services performed and for all reimbursable expenses incurred pursuant to this Agreement and remaining unpaid as of the effective date of such termination. If the Client shall be in default in the performance of any of its material obligations set forth in this Agreement then the Consultant may. by written notice to the Client require such default to be corrected. If within 15 days after receipt of such notice such default shall not have been corrected, the Consultant may immediately terminate this Agreement. In such an event, the Consultant shall be paid by the Client for all Services performed, and for all reimbursable expenses incurred. by Consultant pursuant to this Agreement and remaining unpaid as of the effective date of such termination. together with the Consultant's reasonable expenses incurred in terminating its provision of the Services. 12. Limitations on Liability. the Consultant shall not be responsible for the acts or omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor(s)', or subcontractor's or supplier's agents or employees or any other persons (except the Consultant's own employees and agents) at the project site or otherwise furnishing or performing any of the Contractor's work. Further more, the Client agrees to defend, indemnify and hold harmless the Consultant. its directors. officers and employees from any and all claims, liabilities, actions or causes of action arising out of or from this Agreement. excepting only gross negligence by the Consultant in performance of this Agreement. IN WITNESS WHERE, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. Its Vice President CITY OF PRIOR LAKE By Its City Manager 3 ~ EXHIBIT A SCOPE OF SERVICES City of Prior Lake Tasks and FEES The task is to estimate the commercial and industrial land use needs for the city to full "build out" This estimate will be by Standard Industrial Classification. It is estimated that the tasks will be completed with in 30 days. The following tasks and fees will be completed on a Lump Sum basis for $5000: Data Gathering and Trade Area Forcasts: 1. Review existing data including land use, traffic counts and projections and existing economic forcasts, 2.. Gather new economic market data using trade area analysis technique, 3. Analyze data and make Trade Area projections to year 2010,2020 and 2030, 4. Prepare Summary Report and Graphics for City Council and Staff. Possible Future Senarios: 1. Estimate Market Capture to various sub areas in Prior Lake, 2. Summarize different Senarios and possibilities 3. Prepare Summary Report for City Council and Staff Meetings: 1. Attend one City Council Information meeting, and one Staff Information meeting 2. Attend one City Council meeting to present each summary reports ( two meetings) "--'-, CllY PROVIDED INFORMATION 1. Traffic Counts, projections and future plans for County Roads 42, 83, 82. and 21 2. Any Land Use and Economic Studies Completed for the City 3. Original Base Map of the City for graphics 4. City Sewer and water expansion plans and timing " '. 4 EXHIBIT B ADDITIONAL SERVICES CITY OF PRIOR lAKE 1. Any additions to the work description will result in a revision to the LUMP SUM FEE. Major revisions initiated by the Client are not included in the fees. 2. Hourly fees proposed are for a 12 month period. Any services provided after the 12 month period are subject to a 6% increase. 3. Additional Services will be completed as per the current James R. Hill Inc. fee schedule. 5