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Home My WebLink About2025-03-24 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 24, 2025 City Hall, Council Chambers Meeting No. 06-25 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. March 10, 2025 City Council Workshop Meeting Minutes 2. March 10, 2025 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. 2025 Bituminous Material Purchase 3. 2025 Street Striping by Ramsey County Public Works 4. 2025 Maplewood Open Space Prescribed Burns 5. Ramsey County Cooperative Agreement for County Road D Improvements, City Project 22-28 6. LHB Professional Services Agreement for the Century Ponds Park Planning and Design, City Project 24-07 H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I. UNFINISHED BUSINESS None J.NEW BUSINESS 1. Gethsemane Park Lease Agreement, City Project 25-07 2. Resolution Calling for a Public Hearing for MnDOT TH 5 Improvements, City Project 25-10 3. Resolution of Support, DNR Grant for Boardwalk Replacement of the Thunder Bay Trail System, City Project 25-11 4. Maplewood Community Center Gym Floor Replacement 5. City Manager Annual Performance Evaluation a. Intent to Close Regular Meeting Pursuant to Minnesota Statutes §13D.05, subd. 3(a) b. Summarize Conclusions of the City Manager Performance Evaluation K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00P.M. Monday, March10, 2025 City Hall, Council Chambers CONCURRENT MEETING WITH THE MAPLEWOOD ECONOMIC DEVELOPMENT AUTHORITY SPECIAL MEETING A.CALL TO ORDER A meeting of the City Council was heldin the City Hall Council Chambers and was called to order at5:03 p.m.by Mayor Abrams. B.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent C.APPROVAL OF AGENDA CouncilmemberCavemoved toapprove the agenda as submitted. Seconded by CouncilmemberLee Ayes– All The motion passed. D.UNFINISHED BUSINESS 1.Economic Development Strategy Community Development DirectorParr andCity ManagerSable introduced theagenda itemand provided an overview ofthe topic. Breanne Rothstein, Thrive Consultant,gavethe presentation.Councilshared ideasandengaged in a brainstorming exercise onvalues, mission, vision. No action required. E.NEW BUSINESS None. D.ADJOURNMENT MayorAbramsadjourned the meetingat6:15p.m. March10, 2025 Council Manager Workshop Minutes 1 Council Packet Page Number 1 of 108 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 10, 2025 City Hall, Council Chambers Meeting No. 05-25 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at7:00p.m.byMayor Abrams. Mayor Abrams shared attending the Regional Council of Mayors meeting focusing on Public Safetyand also shared that Chief Bierdeman receiveda shoutoutfor reducing auto theft. Chief Bierdeman provided information on steps Maplewood has taken to achieve the reduction ofauto theft. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added to council presentations: Spring Clean-Up Event with AG Proposed Cuts CouncilmemberLeemoved to approve theagenda as amended. Seconded by CouncilmemberJuenemannAyes – All The motion passed. E.APPROVAL OF MINUTES 1.February24, 2025 City CouncilWorkshop Meeting Minutes CouncilmemberJuenemannmoved to approve the February 24, 2025 City Council Workshop MeetingMinutes assubmitted. Seconded by CouncilmemberCave Ayes – All March 10, 2025 City Council Meeting Minutes 1 Council Packet Page Number 2 of 108 E2 The motion passed. 2.February24, 2025 City Council Meeting Minutes CouncilmemberJuenemannmoved to approve the February 2, 2025 City Council MeetingMinutes assubmitted. Seconded by CouncilmemberLee Ayes – All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City ManagerSablegave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. Abdulahi Abdalla, with Congresswoman McCollum’s office, addressed council and spoke on Community Project Funding (CPF). 2.Council Presentations Spring Clean-Up rd Councilmember Juenemann reminded residents Spring Clean-Up is May 3from 8:00 a.m.-1:00p.m. at Aldrich Arena. Event with AG Councilmember Villavicencio shared Attorney General Keith Ellison will be coming to th Maplewood March 20and interested participants may register to attend the event on the Attorney General’s website. Proposed Cuts Councilmember Villavicencio read a statement regarding state and federal funding cuts proposed for 2026/2027. 3.Strategic Plan Update for Fourth Quarter of 2024 Senior Administrative Manager Knutson gave the presentation. CouncilmemberLeemoved to accept the Strategic Plan Report for Fourth Quarter of 2024. Seconded by Councilmember Juenemann Ayes – All The motion passed. G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council.If a councilmember requests additional information or wants to make a comment regarding an item, the vote March 10, 2025 City Council Meeting Minutes 2 Council Packet Page Number 3 of 108 E2 should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. CouncilmemberCavemoved toapprove agenda items G1-G9. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 1.Approval of Claims CouncilmemberCavemoved to approve the approval of claims. ACCOUNTS PAYABLE: $ 558,638.83 Checks # 122733 thru # 122767 dated 2/25/25 $ 1,241,703.83 Checks # 122768 thru # 122800 dated 3/04/25 $ 495,566.71 Disbursements via debits to checking account dated 2/17/25 thru 3/02/25 $ 2,295,909.37 Total Accounts Payable PAYROLL $ 802,576.37 Payroll Checks and Direct Deposits dated 2/28/25 $ 802,576.37 Total Payroll $ 3,098,485.74 GRAND TOTAL Seconded by Councilmember JuenemannAyes – All The motion passed. 2.Local Lawful Gambling Permit for Make-A-Wish Minnesota, 2029 Woodlynn Avenue CouncilmemberCavemoved to approvethe Local Lawful Gambling permit for Make-A- Wish Minnesota, 2029 Woodlynn Avenue, for their event on May 31, 2025. Seconded by CouncilmemberJuenemannAyes – All The motion passed. March 10, 2025 City Council Meeting Minutes 3 Council Packet Page Number 4 of 108 E2 3.Purchase of Vehicle Extrication Equipment CouncilmemberCavemoved to approve thepurchase of vehicle extrication equipment with Clarey’s Safety Equipment. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 4.Patient Care Reporting Subscription Agreement CouncilmemberCavemoved to approvethepatient care reporting subscription agreement with Sansio. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 5.Resolution of Support for SAFER Grant Application Councilmember Cavemoved to approve the resolution supporting application for the Fiscal Year 2024 Federal Emergency Management Agency Staffing for Adequate Fire and Emergency Response (SAFER) grant. Resolution 25-03-2387 RESOLUTION SUPPORTING APPLICATION FOR FEDERAL EMERGENCY MANAGEMENT AGENCY, STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANT FOR PERSONNEL WHEREAS, this federal grant was created to provide funding directly to fire departments to help them increase or maintain the number of front-line personnel in their communities;and WHEREAS, the goal is to enhance local fire department abilities to comply with staffing, response and operational hazards. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Maplewood, Minnesota grants approval and support for the fire department to apply for the Fiscal Year 2024 Federal Emergency Management Agency Staffing for Adequate Fire and Emergency Response Grant for six fire personnel. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6.Joint Powers Agreement with the State of Minnesota for Federal Background Checks March 10, 2025 City Council Meeting Minutes 4 Council Packet Page Number 5 of 108 E2 Councilmember Cavemoved to approve the Joint Powers Agreement with the State of Minnesota for Federal Background Checks. Seconded by Councilmember Juenemann Ayes – All The motion passed. 7.Purchase of Half-Ton Truck (Unit 531) Councilmember Cavemoved to approve the purchase of a half-ton truck and direct the City Manager to enter into a contract with Cornerstone Chevrolet. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 8.LHB Professional Services Agreement for Harvest Park Playground Improvements Councilmember Cavemoved to authorize the use of LHBfor professional services and to direct the Mayor and the City Manager to sign the professional services agreement. Seconded by Councilmember Juenemann Ayes – All The motion passed. 9.Joint Powers Agreement of the Ramsey County Violent Crime Enforcement Team (RCVCET) Councilmember Cavemoved to approve the Seventh Amended Joint Powers Agreement of the Ramsey County Violent Crime Enforcement Team (RCVCET). Seconded by Councilmember JuenemannAyes – All The motion passed. H.PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I.UNFINISHED BUSINESS None J.NEW BUSINESS 1.L ocal Housing Trust Fund a.Ordinance Establishing a Local Housing Trust Fund March 10, 2025 City Council Meeting Minutes 5 Council Packet Page Number 6 of 108 E2 b.Resolution Authorizing Publication of the Ordinance by Title and Summary (4 votes) c.Resolution Accepting Transfer from EDA Fund to Local Housing Trust Fund Community Development Director Parr gave the presentation. CouncilmemberCavemoved to approve the ordinance establishing a Local Housing Trust Fund. Ordinance1052 AN ORDINANCE AMENDING CHAPTER 2 OF THE MAPLEWOOD CITY CODE BY ADDING ARTICLE VII ESTABLISHING A LOCAL HOUSING TRUST FUND The City Council of the city of Maplewood does ordain as follows: Section I. The Maplewood city code is amended by adding a new Chapter 2, Article VII as follows: Article VII. – Local Housing Trust Fund Sec. 2-395. – Purpose. Pursuant to Minnesota Statutes, section 462C.16, there is hereby created and established for the City of Maplewood a fund to be known as the Maplewood Local Housing Trust Fund. The Trust Fund shall be a permanent source of funding and a continually renewable source of revenue to meet, in part, the housing needs of the City. The Trust Fund may also support the development, rehabilitation or financing of housing, support housing projects, provide downpayment assistance, rental assistance, and home buyer counseling services or any other purpose or project authorized by law. Sec. 2-396. – Definitions. The following definitions apply to this Article VII and the Programs under the Trust Fund, unless individual program criteria approved by the City Council specify otherwise: A.Assisted Unit means a housing unit that is affordable because of assistance from the Trust Fund. B.City means the city of Maplewood, Minnesota. C.Dedicated Source of Public Revenue means one or more sources of revenue dedicated by the City to the Trust Fund for housing. D.EDA means the Maplewood Economic Development Authority. E.Program means any set of criteria used to determine eligibility for funds from the Trust Found Account that is approved by the City Council. Individual Program criteria will take into account any restrictions on disbursements that derive from the source of funds. March 10, 2025 City Council Meeting Minutes 6 Council Packet Page Number 7 of 108 E2 F.Project may mean an attached or detached single-family house or a multifamily apartment complex, either owner-occupied or rental. G.Recipient means any homeowner or for-profit or non-profit housing developer that receives funds in the form of a loan or a grant from the Trust Fund Account. A Recipient may be an individual, partnership, joint venture, limited liability company or partnership, association, corporation, or other entity approved by the EDA. H.Trust Fund means the Maplewood Local Housing Trust Fund with one or more dedicated sources of public revenue for housing. Sec. 2-397. – Trust Fund Account; Source of Trust Funds. (a)There is hereby established a Trust Fund Account to be maintained by the City. All funds received by the City or the EDA on behalf of the Trust Fund shall be deposited in the Trust Fund Account. Principal and interest from loan repayments and all other income from Trust Fund activities shall be deposited in the Trust Fund Account. All interest earnings from the Trust Fund Account shall be reinvested and dedicated to the Trust Fund Account. (b)The Trust Fund may consist of funds derived from any money available to the City or the EDA, unless expressly prohibited by state law, including but not limited to: (1)Donations; (2)Bond proceeds; (3)Grants and loans from a state, federal, or private source; (4)Appropriations by the City or the EDA; (5)Tax increment, to the extent permitted under Minnesota Statutes, sections 469.174 through 469.1794, as amended; (6)Investment earnings of the Trust Fund; (7)A levy by the EDA using its powers as a housing and redevelopment authority; and (8)Any other money available to the City unless expressly prohibited by state law. Sec. 2-398. – Trust Fund Administration. March 10, 2025 City Council Meeting Minutes 7 Council Packet Page Number 8 of 108 E2 (a)The Trust Fund shall be administered by the EDA. No disbursements may be made from the Trust Fund Account for a Project without the prior approval of the Program by the City Council. (b)The EDA shall determine the terms and conditions of repayment of loans and grants from Trust Fund, including but not limited to, the appropriate security and interest, if any, should repayment be required. Interest on loans and grants shall be as established by the City Council from time to time or at the time of approval of a specific Program. (c) The EDA shall report annually to the City on the use of the Trust Fund, including the number of loans and grants made, the number and type of Assisted Units processed, and the number of housing units provided rental assistance, down payment assistance or home buyer counseling services. Sec. 2-399. – Disbursements. Disbursements from the Trust Fund Account may only be made for the following purposes: (a)To pay for administrative expenses, but not more than 10 percent of the balance of the Trust Fund; (b)To make grants, loans, and loan guarantees for the development, rehabilitation, or financing of housing; (c) To match other funds from federal, state, or private resources for housing Projects; (d)To provide down payment assistance, rental assistance, and home buyer counseling services; or (e)Any other activities authorized by state law. Sec. 2-400. – Severability. The provisions of this Article VII are severable. If any provisions of this Article VII are held invalid, the remainder of this Article VII shall not be affected. Section II. This ordinance shall be effective upon its adoption and publication th Adopted by the city of Maplewood this 10day of March, 2025 Seconded by Councilmember Lee Ayes – All The motion passed. CouncilmemberJuenemannmoved to approve the resolution authorizing publication of the ordinance by title and summary (4 votes). Resolution 25-03-2388 RESOLUTION AUTHORIZING PUBLICATION OFORDINANCE March 10, 2025 City Council Meeting Minutes 8 Council Packet Page Number 9 of 108 E2 NO. 1052BY TITLE AND SUMMARY WHEREAS,the city council of the city of Maplewood has adopted Ordinance No. 1052, an ordinance establishing a local housing trust fund; and WHEREAS, Minnesota Statutes, section412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is three pages in length; and WHEREAS, the city council believes the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of Maplewood, Minnesota: 1. The city clerk shall cause the following summary of Ordinance No. 1052to be published in the city’s official newspaper in lieu of the entire ordinance: Public Notice On March 10, 2025, the city council of the city of Maplewood adopted Ordinance No. 1052, an ordinanceestablishing a local housing trust fund. State law allows cities to create a local housing trust fund to make grants, loans and loan guarantees for the development, rehabilitation or financing of housing and to offer down payment assistance, rental assistance and home buyer counseling services. Monies available to the trust fund may come from city appropriations; state, federal or private grants and loans;donations; bond proceeds orother sources allowed by law. Once seeded with local money, the city may apply to the state for matching funds for housing projects. The trust fund will be administered by the Maplewood Economic Development Authority.The ordinance shall be effective upon adoption and publication. A full copy of the ordinance is available in the office of the city clerk. 2. The city clerk keep a copy of the ordinance in her office at city hall for public inspection. Seconded by Councilmember Cave Ayes – All The motion passed. CouncilmemberJuenemannmoved to approve the resolution accepting the transfer of $300,000 from the EDA general fund to the Local Housing Trust Fund. Resolution 25-03-2389 RESOLUTION ACCEPTING TRANSFER OF $300,000 FROMTHE MAPLEWOOD ECONOMIC DEVELOPMENT AUTHORITY’S GENERAL FUNDTO THE CITY OF MAPLEWOOD LOCAL HOUSING TRUST FUND March 10, 2025 City Council Meeting Minutes 9 Council Packet Page Number 10 of 108 E2 WHEREAS, pursuant to Minnesota Statutes, section 462C.16 (the “Act”), the city of Maplewood (the “City”) has adopted Ordinance No. 1052, an ordinance establishing a local housing trust fund (the “Trust Fund”); and WHEREAS, in establishing the Trust Fund, the City intends to finance authorized housing programs and projects from all available sources permitted under the Act, including appropriations by local governments; and WHEREAS, the Maplewood Economic Development Authority (“MEDA”) has authorized the transfer from its General Fund of $300,000 to the Trust Fund for the purposes authorized by the Act. NOW, THEREFORE, BE IT RESOLVED by the city council of Maplewood, Minnesota: 1.The City accepts the transfer of $300,000 made by MEDA and directs that said funds be deposited in the Trust Fund. 2.The City Manager, Finance Director and other city staff and consultants are authorized and directed to take all actions necessary or convenient to effect the intent of this resolution. Seconded by Councilmember Lee Ayes – All The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at7:56p.m. March 10, 2025 City Council Meeting Minutes 10 Council Packet Page Number 11 of 108 F1a CITY COUNCIL STAFF REPORT Meeting Date March 24, 2025 REPORT TO: City Council REPORT FROM: Michael Sable, City Manage r PRESENTER: Michael Sable, City Manager AGENDA ITEM: Council Calendar Update Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/AgreementProclamation Policy Issue: This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. Recommended Action: No motion needed. This is an informational item. Upcoming Agenda Items and Work Sessions Schedule: April 14: Workshop: Boards and Commissions Discussion April 23: Council/ELT Retreat: Noon Î 5 pm April 28: Workshop: EAB / Tree Update; Metro HRA Î Housing Discussions Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1.Transit Discussion 2.Discuss Charitable Gambling Policy Community Events and Notifications: 1.Joe Bergeron Community Service Award Î Nominations Close March 31 Maplewood Living Schedule: Author Due Date Edition Cave April 17, 2025 May 2025 Villavicencio June 17, 2025 July 2025 Lee Aug 19, 2025 Sept 2025 Council Packet Page Number 12 of 108 G1 Council Packet Page Number 13 of 108 G1, Attachments Council Packet Page Number 14 of 108 G1, Attachments Council Packet Page Number 15 of 108 G1, Attachments Council Packet Page Number 16 of 108 G1, Attachments Council Packet Page Number 17 of 108 G1, Attachments Council Packet Page Number 18 of 108 G1, Attachments Council Packet Page Number 19 of 108 G1, Attachments Council Packet Page Number 20 of 108 G1, Attachments Council Packet Page Number 21 of 108 G1, Attachments Council Packet Page Number 22 of 108 G1, Attachments Council Packet Page Number 23 of 108 G1, Attachments Council Packet Page Number 24 of 108 G1, Attachments Council Packet Page Number 25 of 108 G1, Attachments Council Packet Page Number 26 of 108 G2 CITY COUNCILSTAFF REPORT Meeting Date March 24, 2025 REPORT TO:Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director Troy Brink, Street/Storm Superintendent PRESENTER:Steven Love, Public Works Director AGENDA ITEM: 2025 Bituminous Material Purchase Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Maplewood’s Public Works Department uses bituminous material throughout the spring, summer, and fall for pothole and spot-paving operations. City Council will consider authorizing the purchase of bituminous materials for the 2025 maintenance season. Recommended Action: Motion to authorize the Street Superintendent to purchase bituminous materials in an amount up to $170,000 for the 2025 street maintenance season. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $170,000 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Funding for the bituminous purchases will include $85,000 from the Public Works Street Division’s operating budget and $85,000 from the Street Revitalization Fund (SRF). Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment Maplewood streets are a vital part of the City’s infrastructure, and their condition has a direct impact on the quality of life for residents and businesses. City staff uses bituminous material to address street pavement failures and damages. Background: Each year, an allocation is made from the Public Works Street Division’s operating budget and the SRF fund for the purchase of bituminous materials. The Street Division uses the bituminous material to maintain City roads by filling potholes, patching, spot-paving, shouldering, and repairing Council Packet Page Number 27 of 108 G2 bituminous curbs. Spot-pavinghas proven to be an effective tool when used on streets where pothole filling and patching cannot address the pavement issues. A thin layer of bituminous is paved over the road acting like a bandage over the failing area. Spot-paving is done on City streets that are still a number of years from being addressed as part of a City Capital Improvement Project. The cost for the bituminous purchases is anticipated to be $170,000 for the 2025 maintenance season. Staff reviews both the cost of material and proximity to the City when selecting a bituminous supplier. The proposed supplier of the bituminous materials is T.A. Schifsky and Sons due to their nearby location in North St. Paul and their competitive pricing. T.A. Schifsky’s and Sons' proximity to our City allows for quick and effective pavement repairs. Attachments: None. Council Packet Page Number 28 of 108 G3 CITY COUNCILSTAFF REPORT Meeting Date March 24, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director Troy Brink, Street/Storm Superintendent PRESENTER:Steven Love, Public Works Director AGENDA ITEM: 2025 Street Striping by Ramsey County Public Works Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Each year, the City restripes 50% of the lane striping on city-maintained streets as clear striping aids in the safety of drivers, bicyclists, and pedestrians. The City Council will consider authorizing Ramsey County Public Works to perform pavement striping for the City of Maplewood. Recommended Action: Motion to authorize Ramsey County Public Works to perform pavement striping on city-maintained streets estimated at $30,000. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $30,000. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Public Works Street Division Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Pavement striping is essential to vehicular, bicyclist, and pedestrian traffic safety. Background: An allocation is annually made in the Public Works Street Division’s operating budget for street striping services. The cost of striping services is anticipated to be $30,000 in 2025. Maplewood has received Ramsey County’s annual notification for 2025 street striping requests. Staff evaluates existing striping conditions, upcoming projects, and all planned maintenance operations to determine what areas need to be restriped. Typically, 50% of city-maintained streets with striping are restriped each year. Staff recommends coordinating with Ramsey County to perform the City’s 2025 pavement striping work. Attachments: None Council Packet Page Number 29 of 108 G4 CITY COUNCILSTAFF REPORT Meeting Date March 24, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director Audra Robbins, Parks and Natural Resources Manager PRESENTER:StevenLove, Public Works Director AGENDA ITEM: 2025Maplewood Open Space Prescribed Burns Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Prescribed burns are used in the management of Maplewood's open spaces. The open spaces identified for prescribed burns in 2025 include Prairie Farm, Gladstone Savanna, Fish Creek Natural Area and Wakefield Park Natural Area. The City Council will consider entering into an agreement with Red Rock Fire, LLC to perform the City’s 2025 prescribed burns. Recommended Action: Motion to approve the attached Independent Contractor Services Agreement with Red Rock Fire, LLC for the 2025 Maplewood Open Space Prescribed Burns project and direct the Mayor and City Manager to sign the agreement. Minor revisions as approved by the City Attorney, are authorized as needed. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $12,144.79. Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: Improvement to Maplewood’s open spaces in 2025 were identified in the current 2025–2029 Capital Improvement Plan (CIP). Funding of this project will use Park Improvement Funds and costs for the prescribed burns falls within the 2025 CIP budget. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment Maintaining Maplewood’s plant and wildlife and preventing the spread of invasive species are an important open space management strategy. Maintaining native vegetation is also an important strategy for carbon reduction, pollution mitigation, wildfire prevention and climate resilience. Council Packet Page Number 30 of 108 G4 Background: Prescribed burns are a best-practice strategy for maintaining native plantings and preventing the establishment of encroaching, non-native, and invasive plant species. Prescribed burns release nutrients for existing native plants and allow more light to penetrate to soil level, increasing native plant vigor, food, and flowering resources for wildlife, including pollinators. Scheduled burns also help reduce the risk of wildfires by reducing the amount of flammable materials such as dead vegetation, leaves, and branches. A request for quotes to conduct prescribed burns at Prairie Farm, Gladstone Savanna, Fish Creek Natural Area, and Wakefield Park Natural Area was released on February 12, 2025, and quotes were due on February 26, 2025. Three quotes were received, ranging from $12,144.79 to $46,197.20. Red Rock Fire, LLC submitted the lowest quote. They are experienced and well-qualified for this project and have conducted successful prescribed burns for Anoka, Ramsey County Parks, and Wright County Public Works. Based on their experience and quote, staff recommends entering into an agreement with Red Rock Fire, LLC for the 2025 Maplewood Open Space Prescribed Burns project. Attachments: 1. Independent Contractor Services Agreement for the 2025 Maplewood Open Space Prescribed Burns Project Council Packet Page Number 31 of 108 G4, Attachment 1 INDEPENDENT CONTRACTOR SERVICES AGREEMENT This Independent Contractor Services Agreement (the "Agreement") is made this 24th day of March by and between the City of Maplewood, a municipal corporation under the laws of Minnesota (the "City"), and Red Rock Fire, LLC, a corporation under the laws of Minnesota (the "Contractor"). 1.SCOPE OF SERVICES. The City and the Contractor hereby agree that the Contractor shall complete the services outlined and described in Exhibit A, attached hereto (the "Contractor Services"). 2.COMPENSATION. The total amount of compensation to be paid by the City to the Contractor pursuant to this Agreement shall not exceed $12,144.79. All payments hereunder shall be made in accordance with the schedule and terms contained in Exhibit B, attached hereto. 3.INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor's relationship with the City is that of an independent contractor. Nothing in this Agreement is intended to nor should be construed to create a partnership, agency, joint venture, or employment relationship. The Contractor will not be entitled to any of the benefits that the City may make available to its employees, including, but not limited to, group health or life insurance, profit sharing or retirement benefits. The Contractor is not authorized to make any representation, contract or commitment on behalf of the City unless specifically requested or authorized in writing to do so by the city manager or their designee. The Contractor is solely responsible for and agrees to file on a timely basis all tax returns and payments required to be filed with or made to any federal, state, or local tax authority with respect to the performance of services and receipt of fees under this Agreement. The Contractor is solely responsible for and must maintain adequate records of expenses incurred in the course of performing services under this Agreement. The City will report amounts paid to the Contractor to the extent and in the manner required by law. 4.RETURN OF THE CITY'S PROPERTY. All materials including, without limitation, content articles, documents, drawings, models, apparatus, sketches, and lists furnished to the Contractor by the City, whether delivered to the Contractor by the City or made by the Contractor in the performance of services under this Agreement (collectively, "City Property") are the sole and exclusive property of the City. The Contractor agrees to keep all City property at the City's premises unless otherwise permitted in writing by the City. The Contractor agrees to promptly deliver the original and any copies of the City Property to the City at any time upon the City's request. Upon termination of this Agreement by either party for any reason, the Contractor agrees to promptly deliver to the City or destroy, at the City's option, the original and any copies of the City Property. Within five days after the termination of this Agreement, the Contractor agrees to certify in writing that the Contractor has so returned or destroyed all such City Property. 5.OBSERVANCE OF CITY RULES. At all times while on City premises, the Contractor will observe the City's rules and regulations with respect to conduct, health and safety, and protection of persons and property. Council Packet Page Number 32 of 108 G4, Attachment 1 6. NO CONFLICT OF INTEREST. During the term of this Agreement, the Contractor will not accept work, enter into a contract, or accept any obligation inconsistent or incompatible with the Contractor Services under this Agreement. The Contractor warrants that, to the best of its knowledge, there is no other contract or duty on the Contractor's part which conflicts with or is inconsistent with this Agreement. The Contractor agrees to indemnify the City from any and all loss or liability incurred by reason of the alleged breach by the Contractor of any services agreement with any third party. 7. TERM AND TERMINATION. 7.1.TERM. This Agreement is effective as of the Effective Date and shall remain effective until the date upon which the Contractor completes all Contractor Services to the satisfaction of the City. 7.2.TERMINATION. Either party may terminate this Agreement, with or without cause, at any time upon fifteen (15) days' prior written notice to the other party. 8. SUCCESSOR AND ASSIGNS. The Contractor may not assign or subcontract any of its responsibilities or duties under this Agreement without the City's prior written consent. Subject to the foregoing, this Agreement will be for the benefit of the City's successors and assigns, and will be binding on the Contractor's assignees. 9. CONSEQUENTIAL DAMAGES. Neither party will be liable to the other for any consequential, special, or incidental damages arising under the terms of this Agreement. 10. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows with notice deemed given as indicated: (i) by personal delivery when delivered personally; (ii) by overnight courier upon written verification of receipt; (iii) by telecopy or facsimile transmission upon acknowledgment of receipt of electronic transmission; or (iv) by certified or registered United States mail, return receipt requested, upon verification of receipt. Notice shall be sent to the addresses set forth above or such other address as either party may specify in writing. 11.GOVERNINGLAW.ThisAgreement shallhe governed inall respects by thelaws of the United States of America and the State of Minnesota. Any dispute arising under the terms of this Agreement shall be venued in Ramsey County, Minnesota, and the parties hereto expressly waive any jurisdictional challenges hereunder. 12. SEVERABILITY. Should any provisions of this Agreement be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. 13. WAIVER. The failure of the City to strictly enforce any term of this Agreement shall not operate or be construed as a waiver of any of the City's rights hereunder. Council Packet Page Number 33 of 108 G4, Attachment 1 14. INJUNCTIVE RELIEF FOR BREACH. The Contractor's obligations under this Agreement are of a unique character that gives them particular value. As such, the Contractor's breach of any of such obligations will result in irreparable and continuing damage to the City or which there will be no adequate remedy at law. In the event of such breach, the City will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper, including monetary damages if appropriate. 15.INDEMNIFICATION. The Contractor hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents for any and all claims arising under or in any way related to this Agreement. The Contractor's duty pursuant to this Section shall survive termination or expiration of this Agreement. The Contractor further agrees to indemnify, defend, and hold harmless the City from any claim by a third-party which is based upon Contractor's alleged infringement of any intellectual property right. The Contractor expressly acknowledges that it shall exercise reasonable care to ensure that it does not engage in any activities which may infringe upon third- party intellectual property rights in performance of the Contractor Services hereunder. 16. INSURANCE. The Contractor hereby agrees that. at all times during the term of this Agreement, the Contractor shall keep in full force the following insurance policies, in no less than the limits herein specified: A single limit or combined limit or excess umbrella general liability insurance policy of an amount of not less than $500,000 for property damage arising from one occurrence, $2,000,000 for total bodily or personal injuries or death and/or damages arising from one occurrence. A single limit or combined limit or excess umbrella automobile liability insurance policy, if applicable, covering owned, non-owned and hired vehicles used regularly in the provision of services under this Agreement, in an amount of not less than $500,000 per accident for property damage, $1,000,000 for bodily injuries and/or damages to any one person, and $1,000,000 for total bodily injuries and / or damages arising from any one accident. A professional liability insurance policy covering personnel of the Contractor while performing services under this Agreement in the following amounts: Errors and omissions $500,000 per occurrence and $1,000,000 in total for any individual occurrence. Workers Compensation Insurance and employer's liability as required by law including all states endorsement in an amount of $100,000 for each occurrence. Prior to the effective date of this Agreement, the Contractor will furnish the City with certificates of insurance as proof of insurance for general Liability and Auto Liability. Such certificates of insurance shall name the City as an additional insured under the Contractor's policies. Council Packet Page Number 34 of 108 G4, Attachment 1 Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without 30 days’ notice thereof to the City, except for nonpayment of premium, which may be cancelled upon 10 days written notice to the City. 17. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties relating to the subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. The terms of this Agreement will govern all project assignments and services undertaken by the Contractor for the City. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing. 18.RECORDS ACCESS.The Contractor shall provide the City access to any books, documents, papers, and records which are directly pertinent to the Agreement, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this Agreement are closed. 19. DATA PRIVACY. The Contractor shall comply with Minnesota Statutes, Chapter 13, the Minnesota Government Data Practices Act ("MGDPA"). Data received by the Contractor from the City in connection with performance of the Contractor Services is government data within the meaning of the MGDPA. 20.COMPLIANCE WITH LAWS. The Contractor hereby expressly acknowledges and agrees that it will comply with all applicable laws, including but not limited to prevailing wage, workers compensation, non-discrimination, and any other laws which may apply. The Contractor shall be solely responsible for any violation of such laws arising out of the Contractor's performance of the Contractor Services hereunder. 21. GOVERNMENT APPROVALS. The Contractor shall be solely responsible for applying for and obtaining any necessary governmental approvals which may be required related to the Contractor's completion of the Contractor Services. ********** Council Packet Page Number 35 of 108 G4, Attachment 1 IN WITNESS WHEREOF, the parties have executed this Agreement (the "Effective Date") as of the date first written above. MAYOR Date: CITY MANAGER Date: RED ROCK FIRE, LLC Company By Its Date Council Packet Page Number 36 of 108 G4, Attachment 1 EXHIBIT A Scope of Services •Provide services and meet the terms outlined in the Request for Proposal dated February 12, 2025. •Provide services and meet the terms outlined in the Contractor's quote (below). •Prescribed bums shall be completed and itemized invoice submitted by November 28, 2025. •Changes in the services shall be provided and be approved in advance by the City's Project Manager Council Packet Page Number 37 of 108 G4, Attachment 1 EXHIBIT B Payment Terms •Compensation shall be according to per unit costs on the Contractor's Quote (below). •Approved costs are $12, 144.79. Changes in quantities or services provided shall be approved in advance by the City's Project Manager and the Contractor. •Total project costs shallnot exceed $12,144.79. •Final payment will be made after completion of all project activities. Council Packet Page Number 38 of 108 G4, Attachment 1 2025 Maplewood Prescribed Burning Request for Quotes Contacts: Carole Gernes, Natural Resources Coordinator; Audra Robbins, Parks and Natural Resources Manager City of Maplewood, 1830 East County Road B, Maplewood, MN 55109 651-249-2416; 651-249-2125 carole.gernes@maplewoodmn.gov; audra.robbins@maplewoodmn.gov Project: 2025 Maplewood Open Space Prescribed Burns Proposals Due: Friday, February 26, 2025 12:00 p.m. Electronic submission to email above is required. Project Overview: Maplewood is requesting quotes for spring or fall prescribed burns of five areas totaling approximately 21.5 acres. The goal of the burns is to reinvigorate native plant communities and or knock back invasives species as part of IPM. Anticipated Project Timeline: February 12, 2025 -Request for quotes released February 26, 2025 -quotes due at 12:00 p.m. February 27, 2025 -project awarded. Work may start after contract is signed by City Council with adherence to schedule details below. Scope of Work - General Parameters/ Contractor Responsibilities: 1.Obtain and submit a copy of burn permits, proof of insurance and approved burn plan to the City prior to starting work. 2.Contact Xcel Energy to inform them of burn plan under lines on the south side of Prairie Farm and address any of their concerns. 3.Contact City’s Project Manager and provided list of contacts at least 24 hours prior to burning. 4.Place Prescribed Burn Ahead signage along adjacent roads to alert motorists to possible smoke. 5.Place Preserve Closed signage at trailheads and adjacent sidewalks the morning of the burn date to alert the public that a burn is in progress. 3.Comply with MN DNR Invasive Species Spread Prevention Activities; Exhibit C, below. 4.Many of our open spaces are home to the Federally Endangered Rusty-Patched Bumblebee, therefore, small unburned skips due to moisture, etc., of 16 square feet or less are acceptable, unless skip misses targeted invasive plant species. City’s Responsibilities: 1.Mail intent to burn letter to residents adjacent to burn. 2.Notify Contractor of discovery of any invasive plant infestations not previously mapped and included in RFQ. 3.Provide list of contacts for Contractor to call at least 24 hours prior to burning for each site. 4.Contact volunteer monitors with burn notice as soon as possible after burn date is planned. Council Packet Page Number 39 of 108 G4, Attachment 1 5.Communicate with contractor regarding the Genetics Study Area sampling completion at Gladstone Savanna. Qualifications: Contractor shall have proven record of completing prescribed burns with a good safety record. Evaluation of Proposals: Evaluation of project proposal will be a review conducted by City of Maplewood with emphasis on quote total, experience and / or past performance of contracts of similar sized units with the City and / or at least three provided references, which may be added to the body of the quote email or as an additional attachment. Insurance Requirements: The selected contractor will be required to comply with the following conditions: 1.Prior to the effective date of this Agreement, the Contractor will furnish the City with certificates of insurance as proof of insurance for general Liability and Auto Liability. Such certificates of insurance shall name the City as an additional insured under the Contractor’s policies. 2.Contractor shall be required to have the following minimal insurance protection: a.A single limit or combined limit or excess umbrella general liability insurance policy of an amount of not less than $500,000 for property damage arising from one occurrence, $2,000,000 for total bodily or personal injuries or death and /or damages arising from one occurrence. b.A single limit or combined limit or excess umbrella automobile liability insurance policy, if applicable, covering owned, non-owned and hired vehicles used regularly in the provision of services under this Agreement, in an amount of not less than $500,000 per accident for property damage, $1,000,000 for bodily injuries and / or damages to any one person, and $1,000,000 for total bodily injuries and / or damages arising from any one accident. c.A professional liability insurance policy covering personnel of the Contractor while performing services under this Agreement in the following amounts: Errors and omissions $500,000 per occurrence and $1,000,000 in total for any individual occurrence. d.Workers Compensation Insurance and employer’s liability as required by law including all states endorsement in an amount of $100,000 for each occurrence. Work Hours. Work will be done between 7 a.m. and 7 p.m. Monday - Friday to minimize disturbance to adjacent landowners. Any site user or adjacent landowner complaints received by Contractor must be brought to the attention of the City’s Project Manager the day the complaint was received. Attachments: Exhibit A – Activity Details / Schedule to be Completed Exhibit B – Maps Showing Burn Units/ Areas and Details Exhibit C – Minnesota DNR Invasive Species Spread Prevention Requirements Exhibit D – Itemized Quote Template EXHIBIT A Activity Details / Schedule to Be Completed: See maps below for more detail. 1.Prairie Farm East Burn Unit #3 – 6.3 acres South side of County Road D, between Ariel St and McKnight Road, 55109 Council Packet Page Number 40 of 108 G4, Attachment 1 a.A spring burn is preferred to set back non-native plants and reduce biomass to facilitate any additional seeding needed. A fall burn is acceptable if spring conditions are unfavorable. b.Wind direction: Wind from the east or NE preferred; highest priorities are to prevent smoke from blowing onto Hwy 694 and toward nearest residents. c.Access on County Road D through Bruentrup Farm Parking lot or from trail; McKnight Road trail entrance or Woodlyn Ave E. trail entrance. d.The main east to west trail is paved and may be used as a firebreak. Shrubs north of the trail on the east side of the unit may or may not be flail mowed prior to the burn. e.Move equipment in uninfested areas first and finish at any infested areas last. f.All equipment must be clean before arrival to site and before leaving for the day. 2.Gladstone Savanna Burn Unit #3 – 5.5 acres SW corner of Frost Ave and English St, 55109 a.This burn unit includes a genetics study area on the NE side of the burn unit. Burning in this area is prohibited until the Department of Agriculture collects samples for analysis. Project manager will inform contractor of genetic testing completion date. b.Preferred wind direction: from the west. c.Paved trails provide burn breaks for the entire unit, with the exception of the genetics study area. d.The goal for this treatment is to reinvigorate restored prairie / floral resources and knock back brush and spotted knapweed, while leaving refugia for the rusty-patched bumblebee in the remaining burn units. e.There are one or two bluebird boxes in unit 3 that may need protection if fire is high or exceptionally hot. f.Contractor must ensure that there are no children at the playground during the burn period. 3.Fish Creek Natural Area - 6.0 acres 1495 Henry Lane, 55119 a.Eastern 4.5 acre and north-central 1.5 acre units marked 2025. b.The north-central unit has been mechanically and chemically treated for wild parsnip and Japanese hedge parsley for several years and the parsnip is approaching eradication. c.The eastern unit has not been burned for many years and is dominated by brome grass. Precautions must be taken to ensure that smoke does not blow onto the highway. d.There are two bluebird boxes in the eastern unit that may need protection if fire is high or exceptionally hot. 4.Wakefield Park (Natural Area) – 6.3 acres 1860 Hazelwood Street N, 55109 (east side of lake) a.Burn unit is on the east side of Wakefield Lake and west of Prosperity Road. b.Because volunteers will be removing brush and trees during the growing season, a fall burn is preferred. c.A bluff-like hill exists on the north end of the burn unit. Steep slopes exist between the bluff on the east and the trail on the west. d.The south end of the unit borders a more heavily treed area. e.Trail Closed and Prescribed Burn Ahead (for Prosperity Road) signs must be placed before the burn begins. EXHIBIT B Maps Showing Burn Units/ Areas and Details Maps below detail Open Space areas for 2025 prescribed burns in the City of Maplewood. Council Packet Page Number 41 of 108 G4, Attachment 1 EXHIBIT C MN DNR Invasive Species Spread Prevention Activities Maplewood requires adherance to the DNR requirements of active steps to prevent or limit the introduction, establishment, and spread of invasive species during contracted work. The contractor shall prevent invasive species from entering into or spreading within a project site by cleaning equipment prior to arriving at the project site. f the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, I mulch, vegetation (including seeds) or animals, it shall be cleaned by contractor furnished tool or equipment (brush/broom, compressedair or pressure washer) at the staging area. Staging is to be done at paved entrances to each preserve or burn area. The contractor shall dispose of material cleaned from equipment and clothing at a location determined by the Project manager. If the material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. Council Packet Page Number 42 of 108 G4, Attachment 1 Prairie Farm Preserve, Burn Unit #3: Prairie Farm Burn Unit 3 Detail: Council Packet Page Number 43 of 108 G4, Attachment 1 Gladstone Savanna Preserve: Gladstone Savanna Unit 3 Detail: Council Packet Page Number 44 of 108 G4, Attachment 1 Fish Creek Natural Area Burn Units: Fish Creek Natural Area Burn Detail Council Packet Page Number 45 of 108 G4, Attachment 1 Wakefield Park Burn Unit Council Packet Page Number 46 of 108 G4, Attachment 1 Wakefield Park Burn Unit Detail Council Packet Page Number 47 of 108 G4, Attachment 1 Council Packet Page Number 48 of 108 G4, Attachment 1 Council Packet Page Number 49 of 108 G5 CITY COUNCIL STAFF REPORT Meeting Date March 24, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director PRESENTER:Steven Love, Public Works Director AGENDA ITEM: Ramsey County Cooperative Agreement for County Road D Improvements, City Project 22-28 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Ramsey County is leading a road improvement project for County Road D. The County has completed the design, which includes improvements to the roadway, utilities, and pedestrian facilities. The cooperative agreement lays out the roles and responsibilities of both parties. The City Council will consider entering into a cooperative agreement with Ramsey County to construct the County Road D Improvements project. Recommended Action: Motion to approve the attached cooperative agreement with Ramsey County to construct the County Road D Improvements project, City Project 22-28, and direct the Mayor and City Manager to sign the agreement. As approved by the City Attorney, minor revisions are authorized as needed. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $85,985.06. Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: The total estimated construction cost for the County Road D Improvements Project is $4,982,730.15. The City’s estimated share of the construction costs is $85,985.06 and will be funded through Municipal State Aid funds ($82,772.75) and the Environmental Utility Fund ($3,212.31). These improvements are included in the 2025-2029 Capital Improvement Plan, with construction taking place in 2025. Strategic Plan Relevance: Community InclusivenessFinancial & Asset Mgmt.Environmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment This agreement covers Ramsey County and the City of Maplewood's responsibilities for constructing the County Road D Improvements project. The project will improve the street condition, upgrade existing utilities, and add new pedestrian improvements on County Road D. Council Packet Page Number 50 of 108 G5 Background Ramsey County is leading a street improvement project on County Road D from Greenbrier Street to County Road D Circle. This project lies in Maplewood, Little Canada, and Vadnais Heights (see the attached project location map). This project includes ADA upgrades, utility improvements, full street reconstruction, drainage improvements, and pedestrian improvements. This project's total estimated construction cost is $4,982,730.15, with Maplewood’s share estimated at $85,985.06. The following is the proposed funding plan for Maplewood’s share of the project: Funding Plan Funding Source Total Amount % of Total Municipal State Aid Fund$82,772.7596% Environmental Utility Fund $3,212.31 4% Total Estimated Project Funding:$85,985.06100% The City’s share will be funded primarily by Municipal State Aid Funds. A small portion of the storm water construction costs were not eligble for State Aid funds and these costs will be funded by the City’s Environmental Utility Fund. Funding of this project was accounted for in the 2025-2029 Capital Improvement Plan. Maplewood’s final share will be based on bid results and final quantities. Construction will begin in late spring/early summer of 2025 and end in late fall 2025. The attached cooperative agreement covers the roles and responsibilities of each party along with each parties financial contributions. Staff and City Attorney have reviewed the cooperative agreement with Ramsey County to construct the County Road D Improvement Project and recommend approval. Attachments 1.Project Location Map 2.Ramsey County Cooperative Agreement for the County Road D Improvements Council Packet Page Number 51 of 108 G5, Attachment 1 Council Packet Page Number 52 of 108 G5, Attachment 2 Council Packet Page Number 53 of 108 G5, Attachment 2 Council Packet Page Number 54 of 108 G5, Attachment 2 Council Packet Page Number 55 of 108 G5, Attachment 2 Council Packet Page Number 56 of 108 G5, Attachment 2 Council Packet Page Number 57 of 108 G5, Attachment 2 Council Packet Page Number 58 of 108 G5, Attachment 2 Council Packet Page Number 59 of 108 G5, Attachment 2 Council Packet Page Number 60 of 108 G5, Attachment 2 Council Packet Page Number 61 of 108 G5, Attachment 2 Council Packet Page Number 62 of 108 G5, Attachment 2 Council Packet Page Number 63 of 108 G5, Attachment 2 Council Packet Page Number 64 of 108 G5, Attachment 2 Council Packet Page Number 65 of 108 G5, Attachment 2 Council Packet Page Number 66 of 108 G5, Attachment 2 Council Packet Page Number 67 of 108 G5, Attachment 2 Council Packet Page Number 68 of 108 G5, Attachment 2 Council Packet Page Number 69 of 108 G5, Attachment 2 Council Packet Page Number 70 of 108 G5, Attachment 2 Council Packet Page Number 71 of 108 G5, Attachment 2 Council Packet Page Number 72 of 108 G5, Attachment 2 Council Packet Page Number 73 of 108 G5, Attachment 2 Council Packet Page Number 74 of 108 G5, Attachment 2 Council Packet Page Number 75 of 108 G6 CITY COUNCILSTAFF REPORT Meeting Date March 24, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director Audra Robbins, Parks and Recreation Manager PRESENTER:Steven Love, Public Works Director AGENDA ITEM: LHB Professional Services Agreement for the Century Ponds Park Planning and Design, City Project 24-07 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: D.R. Horton is proposing a new housing development on the former Ponds at Battle Creek Golf Course. One feature of the proposed development is the creation of a new city park. Staff recommends using the professional services with LHB to aid the City in the planning and design of the new park. The City Council will consider authorizing the use of LHB, Inc. (LHB) for professional services for the Century Ponds Park Planning and Design, City Project 24-07. Recommended Action: Motion to authorize the use of LHB for professional services for the Century Ponds Park Planning and Design, City Project 24-07 and to direct the Mayor and the City Manager to sign the professional services agreement. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $14,600. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: These costs will initially be paid from the Park Improvement Fund and will later be reimbursed by the developer. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment D.R. Horton’s proposed development includes creating a new city park for the proposed Century Ponds development. LHB will help develop a preferred park design that will meet the needs of the public and the new neighborhood. Council Packet Page Number 76 of 108 G6 Background: D.R. Horton is proposing a new housing development on the former Ponds at Battle Creek Golf Course property (see attached project location map). The proposed development includes a single- family home neighborhood and a townhome neighborhood connected by natural areas and trails. It also includes creating a new city park to serve the public and the new development. Creating a new park to add to the City’s park system is a unique opportunity for the City. Staff recommends working with LHB to aid the City in planning and developing a preferred park concept plan. The plan development process will include gathering feedback from the Parks and Recreation Commission and the City Council. Throughout the process, staff will continue to coordinate with D.R. Horton. Attachments: 1.Project Location Map 2. Century Ponds Park Planning and Design Proposal Council Packet Page Number 77 of 108 G6, Attachment 1 QspkfduMpdbujpoNbq MpxfsBgupo Spbe Dfouvsz Bwfovf Qspqptfe DfouvszQpoet EfwfmpqnfouBsfb Mjoxppe Bwfovf Council Packet Page Number 78 of 108 G6, Attachment 2 March 10, 2025 Audra Robbins and Steve Love City of Maplewood 1830 County Road B E Maplewood, Minnesota 55109 PROPOSAL FOR PROFESSIONALSERVICES CENTURY PONDS PARK PLANNING AND DESIGN Thank you for the opportunity to work with you to plan a park in the new Century Ponds neighborhood. We understand that D.R. Hortonhas designated an area within the new development for this park. The City of Maplewood would like to contract with LHB to provide planning and design services, which will then be implemented by the developer. Base Scope of Services LHB’sservices will include: Review of Existing Plans and Conditions LHBwill review the project information provided by the City of Maplewoodon March 5, 2025along with any other applicable information, especially any information provided by the developer regarding anticipated neighborhood demographics. Option Development Following our initial analysis, LHB will plan and facilitate the following meetings and deliverables with guidance from City staff: Develop two (2) or three (3) concepts as sketch plans and review these with staff, then refine as needed for presentation to the Parks Commission. Conduct one (1) presentation to the Parks Commission. Conduct a workshop to review options and feedback with the City Council. Preferred Direction LHB will develop details around a preferred direction based on feedback from the Parks Commission and Staff. The process to arrive at the final plan will be: Develop a preferred direction. Provide a concept-plan level cost estimate for the preferred plan. Present preferred direction to Parks Commission. Incorporate any final changes and revisions. PERFORMANCE DRIVEN DESIGN LHBCORP.COM Council Packet Page Number 79 of 108 G6, Attachment 2 PROPOSAL FOR CENTURY PONDS PARK PLANNING AND DESIGN PAGE 2 CITY OF MAPLEWOOD Present preferred direction to City Council. LHB will meet or video conference with staff once in preparation for each of the meetings listed above and will provide the meeting materials and a summary memo of the meeting outcomes. Deliverables Meeting and presentation materials and notes. Concept plan document including the following: Color plan with precedent imagery. Project narrative description. Concept plan-level cost estimate. Additional Services Construction Documents For efficiency, LHB will move directly from concepts to documentation for construction by the developer. During this phase LHB will provide the following: Site removals and temporary erosion and sedimentation control plan. Detailed grading plan to establish grades including parking lot, pedestrian trail elevations, playground, splashpad, and related areas. Site surfacing plan with associated details for parking lot, trails, concrete playground curbs, concrete pavements, and other miscellaneous site features. Landscape planting design plans (anticipated to be limited to turf restoration in disturbed areas). Project manual including technical construction specifications in CSI format for Divisions 31-33. Two (2) virtual design review meetings with the Owner. Bidding Services Facilitate pre-bid meeting. Respond to bidder questions, issuing addenda if necessary. Review of bid submittals in collaboration with the City. Construction Support Services Respond to contractor requests for information (RFIs) and clarification during construction. Revise drawings as needed to communicate design team and/or Owner response. Issue Proposal Requests (PRs) and Architectural Supplemental Instructions (ASIs) as required. Virtual attendance at construction progress meetings. Review of shop drawings and submittals. Up to three (3) site visits (one for each bid package) during construction to observe if work is proceeding in accordance with the construction documents. Review and certify contractor applications for payment. Council Packet Page Number 80 of 108 G6, Attachment 2 PROPOSAL FOR CENTURY PONDS PARK PLANNING AND DESIGN PAGE 3 CITY OF MAPLEWOOD Three (3) site visits (one for each bid package) at substantial completion to participate in contractor led punch list. Contractor to provide initial list of corrective action and unfinished work. LHB will review and add additional items identified during the punch list walk. Assumptions 1. Public, agency, focus group, or stakeholder meetings beyond those described above are excluded. City staff will lead all presentations to commissions, councils, or the public. 2. Survey services are excluded. 3. Geotechnical explorations are excluded. 4. City staff will provide timely, consolidated review of all materials. 5. If the scope of services identified by this proposal has not been completed within twelve (12) months of the date of this proposal, through no fault of LHB, additional compensation will be negotiated for an extension of LHB’s services. 6. If the project commences later than three (3) months past the date of this proposal, LHB reserves the right to review and renegotiate compensation. 7. If the project is placed on hold after initial commencement for a period more than thirty (30) days, LHB reserves its right to adjust its fees to reflect re-startup costs. 8. If other services are required, LHB will work with you to determine a fee before beginning this work to provide a more accurate estimate based on the type of service and level of staff involvement anticipated. Schedule LHB can begin work immediately and anticipates construction in 2026. Proposed Fee LHB proposes an hourly fee with an estimate of Fourteen Thousand Six Hundred Dollars ($14,600) excluding reimbursable expenses for the Base Scope of Services. The fee is divided as follows: Review of Existing Plans and Conditions ............................................................................................. $1,200 Option Development ............................................................................................................................. $8,000 Preferred Direction ............................................................................................................................... $5,400 TOTAL ................................................................................................................................................ $14,600 The following services are additional and shall be performed upon approval of the Owner. LHB’s anticipated compensation for these additional services, pending outcomes from the concept development phase and the desired level of service, is estimated as follows: Construction Documents .................................................................................................................... $14,000 Bidding Services ................................................................................................................................... $3,000 Construction Support Services ............................................................................................................. $6,000 Terms and Conditions Upon your approval of this proposal, we will prepare an agreement consistent with the terms and conditions of our standard LHB agreement form. Council Packet Page Number 81 of 108 G6, Attachment 2 PROPOSAL FOR CENTURY PONDS PARK PLANNING AND DESIGN PAGE 4 CITY OF MAPLEWOOD We appreciate the opportunity to provide you with our services. We look forward to working with you. Please contact Lydia at 612-278-5595if you have any questions. LHB, INC. LYDIA MAJOR, PROJECT MANAGER PHILIPWAUGH, VICE PRESIDENT LHB Project No. 250131 Attachments: 2025 Reimbursable Expenses m:\\25proj\\250131\\100 financial\\proposals\\250131 century ponds park proposal.docx Council Packet Page Number 82 of 108 G6, Attachment 2 2025 REIMBURSABLE EXPENSES ExpenseRate Travel (Automobile) .............................................................................................................................................Current IRS Rate Travel (Survey 4WD).....................................................................................................................................................$1.10/mile Meals and Lodging....................................................................................................................................................110% of Cost Regulatory Review and Approvals............................................................................................................................110% of Cost Postage and Handling...............................................................................................................................................110% of Cost Renderings and Models............................................................................................................................................110% of Cost Excess Project Insurance (if requested by Owner).................................................................................................................Cost Laser Scanner...........................................................................................................................................................$900 per day Drone (w/RTK)..........................................................................................................................................................$200 per day Global Positioning System (GPS)............................................................................................................................. $200per day Total Station.............................................................................................................................................................. $175per day Underground Utility Locator......................................................................................................................................... $50per day DINI Level...................................................................................................................................................................$50 per day Reimbursable Expenses are in addition to compensation for the Engineer/Architect services and include expenses incurred by LHB employees and consultants directly related to the Project. These items are not all inclusive The reimbursable expenses are current as of the date of issue shown below. Rates are subject to adjustment for market conditions without specific notification. Date Issued: March 10, 2025 Council Packet Page Number 83 of 108 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 84 of 108 J1 CITY COUNCIL STAFF REPORT Meeting Date March 24, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director PRESENTER:Steven Love, Public Works Director AGENDA ITEM: Gethsemane Park Lease Agreement, City Project 25-07 Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City of Maplewood has worked with Gethsemane Lutheran Church to update the lease agreement for using church property for City park purposes. The City has used and maintained the leased land as part of Gethsemane Park since the early 1970s. The lease agreement establishes the roles and responsibilities of the City and the church. The City Council will consider approving the updated lease agreement with Gethsemane Lutheran Church. Recommended Action: Motion to approve the lease agreement with Gethsemane Lutheran Church for using church property for City park purposes and direct the Mayor and City Manager to sign the lease agreement. As approved by the City Attorney, minor revisions are authorized as needed. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $3,400 annually. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The City has agreed to lease the church property for $3,400 annually for the first two years. The lease amount will be increased by 2% in the third year and 2% each year after. This cost will be incorporated into the Parks & Natural Resources operational budgets. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment Gethsemane Park is used for hockey, ice skating, softball, and other recreational activities. The lease allows the public to continue having access to these amenities. Council Packet Page Number 85 of 108 J1 Background: Gethsemane Park is located south of Gethsemane Lutheran Church and consists of 2.0 acres of City property and 7.4 acres of church property (see attached map). Over the years, the City has leased the 7.4 acres from the church for City park purposes. The leased property has three softball fields, a hockey rink, a warming house, and a parking lot. The 2.0 acres of City property are used primarily for the playground. Staff worked with church representatives to update the lease agreement's terms to ensure the new lease meets the needs of both parties. The proposed lease agreement, similar to the previous one, establishes that the City can use the land for City park purposes, will maintain the facilities and grounds, and establishes the financial terms of the agreement. The church and its tenant (currently Sejong Academy Korean Immersion School) can use the park facilities but must coordinate with the City to avoid other scheduled uses. To lease the land, the City will pay the church $3,400 annually for the first two years. The lease amount will be increased by 2% in the third year and 2% each year after until the lease agreement is updated or canceled. The proposed lease allows the public to continue using the land and the park amenities. Attachments: 1.Gethsemane Park Location Map 2.Gethsemane Park Lease Agreement Council Packet Page Number 86 of 108 J1, Attachment 1 HfuitfnbofQbsl MpdbujpoNbq Gethsemane LutheranChurch GethsemaneLutheran Property-7.4Acres CityPark-2.0Acres Council Packet Page Number 87 of 108 J1, Attachment 2 AMENDED AND RESTATED LEASE THIS AMENDED AND RESTATED LEASE (the "Lease"), dated as of the day of , 2025, is between Gethsemane Lutheran Church, a Minnesota non-profit corporation ("Landlord"), and The City of Maplewood, a Minnesota municipal corporation ("Tenant"). WHE REAS, Landlord and Tenant are parties to a certain Amended and Restated Lease dated April 1, 2008 (the “Original Lease”), Providing for Tenant’s leasing from Landlord of certain “Premises” described in the Original Lease; WHEREAS, the Original Lease was amended by certain Addendum executed by Landlord and Tenant (authorized by the City Council at the July 14, 2008 City Council Meeting), and was further amended by a certain Addendum No. 2 executed by Landlord and Tenant (authorized by the City Council at the April 27, 2009 City Council Meeting), and was further amended by a certain Addendum No. 3 executed by Landlord and Tenant (authorized by the City Council at the May 10, 2010 City Council Meeting), and was further amended by a certain Addendum No. 4 executed by Landlord and Tenant (the Original Lease as so amended, is referred to herein as the “Current Lease”); and WHEREAS, the parties desire to amend the Current Lease pursuant to the terms and conditions of this Amended and Restated Lease. NOW THEREFORE, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the parties agree as follows: 1.Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, that certain real estate located in the City of Maplewood, Ramsey County, Minnesota, described as follows: B, Registered Land Survey No. 582, Tract excepting any portion of the northerly part thereof on which the Gethsemane Lutheran Church parking lot is situated, the use of which parking lot by Tenant is pursuant only to the license therefor provided in Section 11 below and except the “Sale Parcel” as defined in Amendment No. 4 to Lease, which was transferred to Tenant (the "Premises"), 2.Term of Lease. This Lease shall be for an initial term of two (2) years, starting on , 2025 (the “Commencement Date) and continuing to , 2027. Landlord and Tenant shall each have the right to terminate this Lease upon not less than thirty (30) days' prior written notice to the other party, which notice shall designate the termination date of the Lease; provided, this Lease shall automatically terminate upon the closing of a sale or other transfer of all or any portion of the Premises by Landlord, notwithstanding the foregoing to the contrary; provided, further, that in the event the Premises are damaged or destroyed to an extent that renders them unusable for the usesdescribed in Subsection 7(a) below, then Tenant may terminate immediately by written notice to Landlord without the aforesaid 30-day requirement or, at Tenant's discretion, continue under the Lease without being liable for payment of rent until such time as the Premises are usable for their intended purposes. In the event that said termination, Rent shall be prorated to the date of termination and pre-paid Rent shall be reimbursed to the Tenant. This Lease shall continue with successive one (1) year terms upon expiration of the above-referenced Term of Lease, subject to termination as set forth in this Section 2. In the event that the termination date occurs Council Packet Page Number 88 of 108 J1, Attachment 2 on a date other than the last day of the annual termthe Rent shall be prorated to the date of termination and pre-paid Rent shall be reimbursed to Tenant. 3.Tenant shall pay to Landlord an annual lump sum rent of $3,400 on the Commencement Date and the first anniversary of the Commencement Date.On the third anniversary of the Commencement Date and each anniversary date thereafter, the annual Rent shall be increase by two percent (2%) of the then current annualRent. 4.Maintenance of Premises. Tenant shall maintain the Premises (including regular mowing of the grounds, maintenance, trimming and if necessary, removal of trees, maintenance of landscaping and maintenance and repair of the ice hockey structures, ancillary buildings, playing fields and equipment) in a clean, litter-free and safecondition, in good repair and in compliance with all applicable laws, codes and regulations. At the option of Landlord, Tenant shall, either: (i) remove all equipment and fixtures currently located thereon and restore the property to substantially the same condition as it existed prior to installation of such equipment or fixtures; or (ii) deliver the Premises, including all equipment and fixtures currently located thereon, to Landlord at the end of the Lease term in substantially the same condition as thePremises were in at the start of the Lease, reasonable wear and tear excepted. 5.Payment of Utilities and Snow Removal. Tenant shall pay the cost of all utilities (including, by way of example and not of limitation, electricity and trash removal) during this Lease, and the Tenant also agrees to keep, at Tenant's sole expense, the parking lot at the south end of the Premises and any sidewalks on the Premises in a safe, clean condition and free of ice and snow accumulations. 6.Payment of Real Estate Taxes. The parties acknowledge that the Premises are currently exempt from the levy and payment of real estate taxes and assessments. If the property is sold and as a result the Premises cease to be so exempt, all real estate taxes and assessments levied thereafter will be the responsibility of the owner of the Premises, 7.Use of Premises. (a)Tenant shall use the Premises only for the operation of a public park and athletic fields consistent with the current scope of such use by Tenant. Subject tosubsection (b) below, Tenant shall keep the Premises open for such permitted uses at alltimes consistent with current hours therefor. (b)Notwithstanding any provision or construction of this Lease to the contrary, Landlord reserves the right to use the Premises for Gethsemane Lutheran Church and Landlord’s tenants and invitees, by way of example and not of limitation, recess and gym classesduring the school day and after school. Tenant will be responsible to coordinate the scheduling of Landlord's or Landlord’s other tenant or invitees uses with other use of the Premises under this Lease. 8.Assignment and Subletting. Tenant shall not assign, sublet or otherwise transfer its interest in this Lease (including the parking lot license contemplated in Section 11 below) or in the Premises. Council Packet Page Number 89 of 108 J1, Attachment 2 9.Landlord's Right of Inspection. Landlord and its agents shall have access to the Premises at all times. 10.Alterations and Additions. Tenant shall not make improvements, alterations or additions to any part of the Premises without obtaining Landlord's prior written consent, which may be granted or withheld in Landlord's sole discretion. 11.Parking Lot License. Landlord grants to Tenant a non-exclusive license to use a portion of the Gethsemane Lutheran Church parking lot situated on or adjacent to the north part of the Premises for public parking for users of the park and recreational facilities located on the Premises and only during normal park hours, subject to the terms of this Section 11. This license shall automatically terminate upon termination of this Lease and may also be terminated by Landlord upon written notice to Tenant in the case that parking pursuant to this license materially interferes with use of the lot by Gethsemane Lutheran Church or its members or Landlord’s other tenant’s use for school purposes. Parking by Tenant and the public pursuant to this license shall be subject to such rules and regulations as Landlord may from time to time establish. Tenant shall, at its expense, arrange for its police department to conduct periodic patrols of the lot, as time and resources allow, to monitor activity and enforce applicable laws of the State of Minnesota and ordinances of the City of Maplewood."The provisions of Section 12(d) of this Lease shall apply to use of the parking lot by Tenant and the general public. 12.Insurance and Indemnity. (a)Tenant shall, at its sole cost and expense, maintain in effect at all times during the term a "Commercial General Liability Insurance" policy, on a "claims made" basis, with a total combined policy limit of at least $2,000,000.00, which policy shall include, but not be limited to, coverages for bodily injury, property damage, personal injury and contractual liability (applying to this Lease), which liabilityinsurance coverage may be subject to a "deductible" not to exceed $50,000.00 per occurrence. Such policy shall name Landlord as an additional insured thereunder. The City’s liability insurance shall be primary with respect to Landlord and its agents and not participating with any other available insurance. (b)Tenant shall, at its sole cost and expense, maintain in effect at all times during the term of this Lease insurance covering all improvements and equipment on the Premises against loss by hazards covered by the so-called "all-risk" form of policy, in an amount equal to the actual replacement cost thereof. To the extent any damage occurs to said equipment or other improvements during the term, Tenant shall repair the damage and any proceeds of said insurance received by Landlord shall be applied toward reimbursement of Tenant's costs of said repair. Landlord shall not be responsible for any repairs in case the Premises or the equipment or improvements thereon are damaged or destroyed. (c)Tenant shall deliver to Landlord at the commencement of this Lease, and at such other times as Landlord may request, a certificate evidencing such policies. (d)Tenant shall indemnify, defend and hold Landlord harmless from and against any and all liability, damage, claims, whether for property damage, personal injuries or death or otherwise, costs and expenses (including reasonable attorneys' fees)brought against or incurred by Landlord in connection with entry onto or use of the Premises or the Gethsemane Lutheran Church parking lot by Tenant or the public or resulting from any Council Packet Page Number 90 of 108 J1, Attachment 2 breach of this Lease by Tenant, except to the extent caused by thenegligence or misconduct of Landlord or Landlord's agents. Tenant's obligations under this Subsection 12(d) shall survive the termination of this Lease. 13.Subordination. Tenant agrees that this Lease is and shall be subordinate to mortgages which may be placed upon the Premises from time to time by Landlord. 14.Attorneys' Fees and Costs. In the event any dispute between Landlord and Tenant arising out of this Lease results in litigation, the prevailing party shall be reimbursed for all reasonable costs incurred in connection with such litigation including, without limitation, reasonable attorneys' fees. 15.Miscellaneous. The parties hereto agree that the following provisions are part of this Lease: (a)In the event Tenant breaches or defaults in the performance of its obligations, Landlord may, in addition to other remedies available at law or in equity, terminate this Lease by written notice to Tenant and thereafter seek damages arising from Tenant's default or breach. (b)Failure on the part of either party to exercise its right hereunder as to any instances of breach or default by another party shall not be considered as a waiver of its right to exercise said rights as to any subsequent breach or default. (c)Tenant has occupied the Premises before the date of this Lease and knows the condition of the Premises. Landlord does not warrant the condition of the Premises in any respect. Tenant accepts the Premises in its AS-IS condition. (d)This Amended and Restated Lease amends, restates and replaces in its entirety that certain Lease previously made by Landlord and Tenant concerning the Premises, dated as of April 1, 2008, and subsequent Addenda No 1 through No. 4. 16.Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City:Attn: City Manger City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Gethsemane Lutheran Church 2410 Stillwater Road Maplewood, MN. 55119 Council Packet Page Number 91 of 108 J1, Attachment 2 17.Waiver. No waiver of a breach of any covenants in this Lease shall be construed to be a waiver of any succeeding breach of such covenant. 18.Amendment or Modifications. No modification, release, discharge, amendment, or waiver of any provisions hereof shall be of any force, effect or value, unless in writing signed by the Landlord, Tenant and Lender or their duly authorized agents or attorneys. 19.Complete Agreement. There are no oral agreements between Landlord and Tenant affecting this Lease, and this Lease supersedes and cancels any and all previous negotiations, agreements and understandings between Landlord and Tenant with respect to the parties’ obligations related to Tenant’s occupancy of the Leased Premises. 20.Governing Law. Interpretation of this Agreement shall be governed by the laws of the State of Minnesota. TNESS WHEREOF, Landlord and Tenant have signed this Amended and Restated IN WI Lease as of the date first above written. GETHSEMANE LUTHERAN CHURCH By: Its: By: Its: Date: , 2025 THE CITY OF MAPLEWOOD By: Its: Mayor By: Its: City Manager Date of Tenant’s Execution: , 2025 Clients/11690/City Lease Docs/Amended and Restate Lease 2024 Council Packet Page Number 92 of 108 J2 CITY COUNCILSTAFF REPORT Meeting Date March 24, 2025 REPORT TO:Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director PRESENTER:Steven Love, Public Works Director AGENDA ITEM: Resolution Calling for a Public Hearing for MnDOT TH 5 Improvements, City Project 25-10 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Minnesota Department of Transportation (MnDOT) is leading a roadway project on Trunk Highway 5 (TH 5) from Minnehaha Avenue to Lakewood Drive. The proposed project includes a 4- to-3-lane conversion, signal replacements, a new trail, drainage improvements, and ADA improvements. Municipal consent is required as part of this project, which includes the City holding a public hearing for the MnDOT TH 5 Improvements project, City Project 25-10. Recommended Action: Motion to approve a resolution calling for a public hearing at 7:00 p.m. on April 28, 2025, for MnDOT TH 5 Improvements, City Project 25-10. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is 236,000 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Municipal State Aid funds Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment These improvements will help improve motorists', bicyclists', and pedestrians' safety along this section of TH 5 while upgrading the existing signal systems. Background MnDOT is developing plans to improve TH 5 between McKnight Road and Lakewood Drive. The project includes a 4-to-3 lane conversion, signal replacements, new trail construction, drainage, and ADA improvements. Council Packet Page Number 93 of 108 J2 Municipal consent is required for this project because it reduces the number of through lanes from four to three lanes and requires the acquisition of permanent rights-of-way to construct a new trail along the east side of TH 5. Per Minnesota State Statutes 161.164, a public hearing is required as part of the municipal consent process. MnDOT is planning community engagement for this project before the public hearing. Converting a four-lane road (two lanes in each direction) into a three-lane road (one lane in each direction with a center turn lane) can offer several safety benefits. The center turn lane minimizes rear-end collisions and sideswipes, as vehicles have a dedicated space for turning left. With a center turn lane, through traffic isn't impeded by vehicles waiting to turn left. Properties along the road also benefit from easier and safer access. This can smooth traffic flow and reduce congestion. It often creates more room for bike lanes and sidewalks, enhancing safety and accessibility for cyclists and pedestrians. Maplewood’s share of the project costs is estimated at $236,000, and it is proposed to be funded through Municipal State Aid funds. The proposed project was identified in the 2025-2029 CIP plan, and construction will occur in 2026. If the project moves forward, a cooperative agreement will be required to cover construction costs and maintenance. Attachments 1.Resolution Calling for a Public Hearing 2.Project Location Map Council Packet Page Number 94 of 108 J2, Attachment 1 RESOLUTION CALLING FOR A PUBLIC HEARING WHEREAS, the Minnesota Department of Transportation is developing plans for improvements to Trunk Highway 5 between Minnehaha Avenue and Lakewood Drive; and WHEREAS, Municipal Consent is required due to the proposed improvements including a reduction of lanes from four to three lanes, and the acquisition of permanent rights-of-way for the construction of a new trail on the east side of Trunk Highway 5 NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota: th 1.A public hearing shall be held on such proposed improvement on the 28day of April 2025 at 7:00 PM. The City Clerk shall give mailed and published notice of such hearing and improvement as required by law. th Approved this 24 day of March, 2025 Council Packet Page Number 95 of 108 J2, Attachment 2 ProjectLocationMap Lakewood Drive TH5 (StillwaterRoad) Minnehaha Avenue Council Packet Page Number 96 of 108 J3 CITY COUNCILSTAFF REPORT Meeting Date March 24, 2025 REPORT TO:Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director Audra Robbins, Parks and Natural Resources Manager PRESENTER:Steven Love, Public Works Director AGENDA ITEM: Resolution of Support, DNR Grant for Boardwalk Replacement of the Thunder Bay Trail System, City Project 25-11 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City of Little Canada and Maplewood share a boardwalk that is part of Little Canada’s Thunder Bay Trail system and Maplewood’s Lake Links Trail system. This boardwalk has reached the end of its useful life and needs replacement. The City of Little Canada is applying to the Minnesota Department of Natural Resources (DNR) for grant funding from the DNR Local Trail Connection Program. The City Council will consider passing a resolution of support for the City of Little Canada’s grant application. Recommended Action: Motion to approve a resolution of support for the application for Local Trail Connections Program funding for the replacement of the deteriorated boardwalk on the Thunder Bay Trail system. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $58,379.59. Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: The estimated replacement cost for the boardwalk is $380,948.97. The maximum grant award amount is $250,000.00. If the application is successful, the remaining funding will be split between Little Canada (72,569.38) and Maplewood (58,379.59). The proposed funding plan for Maplewood’s share will use Park Improvement Funds. The boardwalk replacement was identified as part of the 2025-2029 Capital Improvement Plan (CIP) with an estimated budget of $215,000.00 for Maplewood’s project share. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment Council Packet Page Number 97 of 108 J3 The existing boardwalk has reached the end of its useful life and needs to be replaced. The City of Little Canada is applying to the DNR Local Trail Connections Program to help fund the replacement. Background The existing boardwalk was constructed in 2008 as part of a joint project between Little Canada and Maplewood. It connects Little Canada’s Thunder Bay Trail system to Maplewood’s Lake Links Trail system. Both Little Canada and Maplewood maintenance staff have dedicated many hours to keeping the boardwalk usable, replacing wood decking, making curb repairs, and patching holes in the rotting wood. Additionally, the boardwalk has experienced warping and uneven surfaces from the weather. The proposed boardwalk design is 10 feet wide (to comply with the grant requirements), constructed with minimal maintenance materials, and complies with ADA accessibility standards. The new boardwalk will also be installed with helical piles that will withstand the elements better than the existing floating system boardwalk. The DNR Local Trail Connections Program is intended to accelerate local trail connections to planned and existing state trails and other public facilities, not to create significant new recreation trails. Its primary purpose is to connect where people live (e.g., residential areas within cities, entire communities) and significant public resources (e.g., historical areas, open space, parks, and/or other trails). The program depends on local communities and their local government representatives for inspiration, planning, commitment, and the local matching financial requirement to make these trail projects a reality. The Local Trail Connections Program provides matching grants to local government units for up to 75% of the cost of local trails' acquisition, development, and/or redevelopment. The total estimated cost for the boardwalk replacement is $380,948.97. The following is the proposed funding plan if the application is successful and the cities receive the maximum award of $250,000: Funding Plan Funding SourceTotal Amount% of Total DNR Local Trail Connections Program Grant $250,000.00 66% Little Canada $72,569.38 19% City of Maplewood/Park Improvement Funds$58,379.59 15% Total Estimated Project Funding: $380,948.97 100% The funding split between Little Canada and Maplewood is based on the percentage of the boardwalk in each city. Attachments 1.Resolution 2.Site Plan 3.Existing Conditions Council Packet Page Number 98 of 108 J3, Attachment 1 RESOLUTION SUPPORTING THE APPLICATION FOR LOCAL TRAIL CONNECTIONS PROGRAM FUNDING FOR THE REPLACEMENT OF THE DETERIORATED BOARDWALK ON THE THUNDER BAY TRAIL SYSTEM WHEREAS, the Minnesota Department of Natural Resources is soliciting applications for the Local Trail Connections Program to support trail projects statewide; and WHEREAS, the Local Trails Connections Program provides support to projects that accelerate local trail connections to planned and existing state trails and other public facilities, not to create significant new recreation trails; and WHEREAS the City of Maplewood supports the grant application made to the Minnesota Department of Natural Resources by the City of Little Canada to replace 253 feet of boardwalk along the Thunder Bay Trail system that connects to both local and regional trail networks; and WHEREAS, the Thunder Bay Trail boardwalk will meet the goals of the Local Trail Connections Program, will be constructed to meet ADA standards, and will be at least 10 feet wide; and WHEREAS the City of Maplewood is supporting the grant request funding in the amount of $250,000.00 and has secured $58,379.59 in non-state cash matching funds for this project; and WHEREAS, the City of Maplewood acknowledges that all construction must be complete by June 30, 2027. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Maplewood, Minnesota: 1.The City of Maplewood supports the submittal of the Minnesota Department of Natural Resources Local Trail Connections Program by the City of Little Canada. 2.The applicant has read the Conflict of Interest Policy contained in the Local Trail Connection Grant Manual and certifies it will report any actual, potential, perceived, or organizational conflicts of interest upon discovery to the state related to the application or grant award. 3.The City of Maplewood assures that the Thunder Bay Trail Boardwalk will be maintained for at least 20 years. th Approved this 24day of March, 2025 Council Packet Page Number 99 of 108 J3, Attachment 2 R T S R E T L A W XX XX XX XX XX CźŭǒƩĻ Њʹ {źƷĻ tƌğƓ ) CONCRETE ABUTMENT REUSE EXISTING XX XX XX XX XX XX (LakeLinksTrail) LakeLinksTrail XX ( ThunderBayTrail XX 253 FEET LINEAR BOARDWALK REPLACEMENT XX WalterStreetTrailConnection CITY OF MAPLEWOOD CITY OF LITTLE CANADA SitePlan © 2025 Microsoft Corporation © 2025 Maxar ©CNES (2025) Distribution Airbus DS ThunderBayTrailBoardwalk CONCRETE ABUTMENT REUSE EXISTING 50 FEET 5 TRAIL TO REMAIN, TYP. EXISTING BITUMINOUS R SCALE 02 HORZ. ŷǒƓķĻƩ .ğǤ .ƚğƩķǞğƌƉ wĻƦƌğĭĻƒĻƓƷ H:\\LTCANADA_CI_MN\\24X137038000\\CAD\\C3D\\137038C601.dwg 2/27/2025 11:19:28 AM Council Packet Page Number 100 of 108 J3, Attachment 3 Existing Conditions Council Packet Page Number 101 of 108 J4 CITY COUNCIL STAFF REPORT Meeting Date March 24, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Mike Darrow, Assistant City Manager/Human Resources Director PRESENTER: Joe Rueb, Finance Director AGENDA ITEM: Maplewood Community Center Gym Floor Replacement Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City of Maplewood and the YMCA have an operating agreement for the MCC, which expires on October 31, 2026. As part of this agreement, in the event of unexpected capital emergencies, both parties shall convene to determine an equitable approach to resolving the issue. The existing gym floor at the MCC is in need of replacement due to safety concerns related to water damage in certain areas. Over the past several months, the YMCA and City staff have worked collaboratively with the League of Minnesota Cities Insurance Trust to evaluate existing conditions and review bids. Recommended Action: Motion to approve the base bid of $164,315 along with an allowance for concrete corrections in the amount of $10,000, refinishing hallways of $3,235 and upgraded moisture mitigation of $40,000 for a total bid of $217,550 from H21. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $217,550 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The Maplewood Community Center building, under the operation of the YMCA of the North, provides recreational opportunities and a gathering place for residents of all ages in our community. Background: Significant water damage at the MCC has made certain areas unsafe for recreational use. Over the past three months, the City, along with the YMCA and the League of Minnesota Cities Insurance Trust (LMCIT), have inspected the floor and determined that a full replacement is necessary. Council Packet Page Number 102 of 108 J4 The City will fund the floor replacement using capital improvement and insurance funds, with LMCIT covering $59,500 as part of the insurance claim for the water damage. To ensure additional repairs and studies are completed in 2025, the CityÓs contribution in 2026 will be reduced by $33,325 through a lease addendum, which will be presented at a future City Council meeting. The YMCA received three base bids for the project: FLR Sanders ($191,250), H2I ($164,315), and Infinity Flooring ($159,500). After a thorough review, the City, LMCIT, and YMCA recommended awarding the bid to H2I as their proposal includes a comprehensive moisture mitigation plan. As a condition of approval, the H2I bid will be placed in the CityÓs name. Additionally, the City will undertake drainage site improvements around the northern and eastern portions of the site to prevent future issues. Staff anticipates another work session discussion on site improvements, capital improvement schedules and appraisal information in July of 2025. Attachments: 1. H2I Bid Proposal Council Packet Page Number 103 of 108 J4, Attachment 1 H2I GROUP ЍЌЉ LƓķǒƭƷƩźğƌ .ƌǝķ͵Ͳ aźƓƓĻğƦƚƌźƭͲ ab ЎЎЍЊЌ ΋΋ tŷʹ ЏЊЋ͵ЌЌЊ͵ЍББЉ ΋΋ ƚƌƌ CƩĻĻʹ БЉЉ͵АВЎ͵ЉЏВЏ To:Robert BlickDate:2/12/2025 YMCAProject:Maplewood YMCA Gym Floor Location:Maplewood, MN We propose to furnish and install a new Robbins BioCushion gym floor(8,250sf). Process includes: Demo and disposal of the existing wood floor, base, thresholds, and cover plates. o Existing gym floor will be demoed completely down to existing concrete slab o fitness room wallbuilt inside the gym o Demo of built in benches by others o No demo on the hallways on the sides, demo to stop at the end of thelong wall of the fitnessroom. Check concrete for flatness and moisture o o Below, I have broken outanallowancefor concrete corrections and moisture mitigation. After we check the concrete, we will price up the corrections and moisture mitigation needed for approval prior to completing any work.It is highly likely that moisture mitigation will be needed based on the history of the floor. Install solid blocking under existing gym floor at weight room walls to help with weight load. Install new Robbins BioCushion gym floor o System includes 10mil poly, nd 2and better XL maple. Sand, Seal, and Finish new maple flooring o New floor will be sanded and sealed with two coats of oil based polyurethane o Paint the following game lines 2x Basketball 2x Volleyball 2x Pickleball 2x Futsal o Apply two coats of water based finish Install new vent cove base at walls, including around fitnessroomwalls. Install new thresholds at doorsand where new floor meets up with the old floor. Install new 4x new volleyball cover plates Entire process to take 5 6 weeks Material, freight, and installation$164,315 h2igroup.com INFO@h2igroup.com 888.239.8747 Council Packet Page Number 104 of 108 J4, Attachment 1 H2I GROUP ЍЌЉ LƓķǒƭƷƩźğƌ .ƌǝķ͵Ͳ aźƓƓĻğƦƚƌźƭͲ ab ЎЎЍЊЌ ΋΋ tŷʹ ЏЊЋ͵ЌЌЊ͵ЍББЉ ΋΋ ƚƌƌ CƩĻĻʹ БЉЉ͵АВЎ͵ЉЏВЏ ADDITIONAL ITEMS: Sanding/Refinishing Hallways(Approximately 500sf)$3,235 Allowance for concrete corrections$10,000 Standard Moisture Mitigation$10,000 o Bone Dry typical under gym floors but bringing moisture up from under the slab. Upgraded Moisture Mitigation$40,000 o Robbins UltraShield 100 a heavy-duty moisture barrier thatmay be better suited for the amount ofmoisture coming up through the slab. NOTE:There are no above-slab vapors barriers that warranty against hydrostatic pressure causing moisture to come up from under the slab. This would need to be addressed outsideto keep moisture away from the building. Pricing Includes: 1.Fork Lift 2.Dumpsters 3.Dust Protection Pricing Excludes: 1.Final Clean there will be somelightcleaning neededin the weight room and in the gym after completion Qualifications: 1.DOES NOT INCLUDE CLIMATE CONTROL. Space needs to be permanently maintained between 35% -55% RH prior to delivery of materials. 2.Proposed project schedule: Shop Drawings4weeks Manufacturing Lead Time4weeks Installation6weeks SEE PAGE 3for Terms & Conditions 1996 Edition or a subcontract form otherwise acceptable to H2I Group, Inc. TERMS: Net 30 Days ACCEPTED:Company RESPECTFULLY, Name H2I Group, Inc. Date By {ĻğƓ wźǝğƩķ IЋL DƩƚǒƦ ВЎЋΏЋЊЋΏЉЍЋЋ Note: Thisquotation is offered for acceptance within 30days and is subject to revision beyond that time. h2igroup.com INFO@h2igroup.com 888.239.8747 Council Packet Page Number 105 of 108 J4, Attachment 1 H2I GROUP ЍЌЉ LƓķǒƭƷƩźğƌ .ƌǝķ͵Ͳ aźƓƓĻğƦƚƌźƭͲ ab ЎЎЍЊЌ ΋΋ tŷʹ ЏЊЋ͵ЌЌЊ͵ЍББЉ ΋΋ ƚƌƌ CƩĻĻʹ БЉЉ͵АВЎ͵ЉЏВЏ PROPOSAL 103658 Maplewood YMCA Gym Floor Replacement H2I Group Inc. Terms and Conditions General These terms and conditions are a component part of the attached proposal and constitute the entire agreement between H2I Group Inc. (hereinafter H2I). By signing the proposal, Customer acknowledges that they understand and accept the proposal and the following terms and conditions. All work shall be done in accordance with the attached proposal unless otherwise provided for in writing and signed by H2I. Applicable sales, excise and use taxes are not included unless otherwise stated in the proposal. Tax exempt entities hereby agree to furnish tax exemption certificates when requested on non-taxable materials. Material Only Contracts: Responsibility for the unloading, handling, storage, and installation of material transfers to the Customer upon shipment from the factory. Customer is responsible for receiving, unloading, and inspecting materials and filing freight claim for any shortage or damage of materials. Delivery and freight charges are not included unless otherwise stated in the proposal. Site Conditions A smooth, level, and clean sub-floor shall be provided or as required by H2I. Maintain environment at proper temperature (55-80 degrees F.) and humidity (35-50%) before, during and 30 days following installation. Delays due to circumstances beyond the control of H2I shall entitle H2I to an equitable adjustment of time and contract price. Acceptance This proposal may be accepted within 30 days subject to credit approval. H2I reserves the right to revoke this offer prior to acceptance by customer. Customer agrees that, by signing, grant authority to credit bureaus to release credit history information for the purpose of establishing credit with H2I and its subsidiaries. H2I and its subsidiaries may, if payment for work performed by H2I will pass thru from a third party require a credit application, joint check agreement with the property owner/end user if the property owner/end user is a separate entity stomer agrees that payments received from a third party for services performed by H2I shall be held in trust and first paid to H2I for material and labor costs paid by H2I. Installation This proposal assumes unloading and elevator use shall be conducted during normal business hours. This proposal is based on completing the work during normal business hours. Overtime, evening, and weekend work is available at additional charge. Customeragrees to provide H2I with sufficient and timely unloading facilities, dock and elevator access as needed at no additional cost to H2I. Customer shall provide temporary, secure storage for materials prior to installation. Customer shall provide adequateelectrical power, lighting, water, and restroom facilities during installation. Customer shall provide area that is free and clear and prepared for installation. Engineering remain the property of H2I. Such are submitted with the understanding that the information will not be disclosed or used in any wa Changes Any requests for changes to the scope of work shall be made in writing with signed acceptance by authorized personnel from H2I and Customer. Liability H2I shall not be liable for damages in any form or any other claim arising out of strikes, floods, fire, accidents, or any other causes beyond our control. H2I shall not be liable for liquidated, consequential or any other damages or penalties of any kindfor delays in completion of work. H2I indemnity obligations to the Customer and owner are limited to the liability created by the gross negligence of Haldeman Homme Holdings, its employees, or subcontractors. In the event the terms of this agreement con the parties acknowledge and agree the terms of this agreement shall control. Payment Payment in full will be due and payable thirty (30) days from invoice date. Customer agrees to pay progress-billing invoices during the course of the project reflecting partial shipment of material and/or partial completion of labor work performed. Wherematerials are stored or staged temporarily at the job site or in offsite or bonded warehouse, customer shall pay for materials and reasonable storage charges. The failure of the Customer to make payments within contract terms shall entitle H2I, in addition to all other rights, to suspend all work and shipments and shall further entitle H2I to an extension of time of performance of the work. No payments shall be withheld from, or penalties assessed against H2I due to causes for which H2I is not responsible. Customer agrees that, if the billed amount is not paid within terms, a service charge will be charged on the overdue balance at a percentage rate of 1.5% (18% ANNUAL PERCENTAGE RATE) for all accounts. If the customer fails to pay the entire unpaid balanceon the account when due H2I may without further notice or demand, exercise all rights and remedies available by law for the collection of the balance due on the account. H2I reserves the option to always exercise its lien rightsin accordance with applicable law to secure collection of amounts due. Applicant will be liable for all expenses of collection with or without suit, including all court costs and reasonable attorn be the State District Court of Minnesota. Disputes Customer and H2I hereby agree that disputes between the parties which cannot be settled amicably, shall be settled through the State District Court of Minnesota. Cancellation An officer of H2I must approve cancellation requests in writing. In order to compensate H2I for its investment in engineering, time, processing and administrative work, approved cancellations shall be subject to cancellation charge of 25% of the contract amount plus the cost of materials produced or in production, labor or other services performed, freight, taxes and any other out of pocket expenses incurred by H2I. Warranty THE MANUFACTURER EXPRESS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY H2I. Insurance H2I maintains insurance and will provide certificates of insurance if requested on coverage and limits as provided by its insurance policy. No other insurance coverage is provided including waiver of subrogation or additional named insureds. Codes Customer, architect and/or contractor shall be responsible for all local, state, and federal agency code compliance, permits,fees, design, engineering, and testing. H2I does not provide professional liability or pollution insurance for any of these services. Costs for any and all such services are not included in this proposal. Signature: Name: Date: (Please Print) h2igroup.com INFO@h2igroup.com 888.239.8747 Council Packet Page Number 106 of 108 J5 CITY COUNCIL STAFF REPORT Meeting Date March 24, 2025 REPORT TO: City Council REPORT FROM: Michael Sable, City Manager PRESENTER: Marylee Abrams, Mayor AGENDA ITEM: City Manager Annual Performance Evaluation a.Intent to Close Regular Meeting Pursuant to Minnesota Statutes §13D.05, subd. 3(a) b.Summarize Conclusions of the City Manager Performance Evaluation Action Requested: Motion Discussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The purpose of the closed meeting is to conduct the City ManagerÓs annual performance evaluation. Recommended Action: Before the meeting is closed, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. Therefore, it is recommended the City Council introduce the following motion: a.Pursuant to Minnesota State Statute 13D.05 subd. 3(a), I hereby move to close the regular meeting and go into closed session to conduct the annual performance evaluation of City Manager Michael Sable. b.No action is required; however, to comply with Minnesota State Statute 13D.05 subd. 3(a), it is recommended Mayor Abrams verbally summarize the conclusions regarding City Manager SableÓs performance evaluation from the closed session held during the regular meeting. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is TBD Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment n/a Council Packet Page Number 107 of 108 J5 Background: During the closed session, council will discuss the annual performance evaluation of City Manager Michael Sable. Attachments: None Council Packet Page Number 108 of 108