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HomeMy WebLinkAbout2019-10-28 City Council Meeting PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 28, 2019 City Hall, Council Chambers Meeting No. 20-19 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. October 14, 2019 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Resolution for Commissioner Appointments 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. Close Funds 3. 2020 SCORE Funding Grant Application 4. Conditional Use Permit Amendment Resolution, Automotive Technology School, 2525 White Bear Avenue North 5. Strategic Plan Update for Third Quarter 2019 6. Professional Services Agreement with Wold Architects and Engineers to Conduct a Fire Station Needs Assessment and Design Recommendations 7. Resolution Accepting Donation from James and Amy Krohn 8. Purchase of Three Tilt -Deck Trailers 9. Purchase of One Single Axle Plow Truck 10. Resolution for Receipt of Special Assessment Deferment Paperwork Relating to City Projects 18-01 Ferndale -Ivy Area Street Improvements and 18-27 Mailand-Crestview Forest Area Street Improvements 11. Resolution Approving Cost Share Agreement with the Metropolitan Council for Inflow/Infiltration Improvements 12. Storage Lease Agreement with Century College for the Storage of One Fire Truck 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 1. Recycling Cart Purchase Analysis J. NEW BUSINESS 1. Frost English Village, Commercial Retail Building, 1905 English Street North a. Conditional Use Permit Resolution b. Lot Division c. Design Review 2. Carver Elementary School Addition and Remodel, 2680 Upper Afton Road East a. Conditional Use Permit Amendment Resolution b. Design Review 3. Elim Care Senior Housing Facility, 1534 County Road C East a. Comprehensive Plan Amendment Resolution b. Planned Unit Development Resolution c. Lot Division d. Design Review 4. Harvest Park Master Plan a. Preparation of the Park Master Plan b. Professional Design Services by LHB, Inc. 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. A C. E MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 14, 2019 City Hall, Council Chambers Meeting No. 19-19 CALL TO ORDER E1 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Abrams. Mayor Abrams reported on the Transportation Conference in Richmond, VA she attended. Public Works Director Love gave additional information about the conference. PLEDGE OF ALLEGIANCE ROLL CALL Marylee Abrams, Mayor Present Kathleen Juenemann, Councilmember Present William Knutson, Councilmember Present Sylvia Neblett, Councilmember Present Bryan Smith, Councilmember Present APPROVAL OF AGENDA Agenda item G12 was removed from the agenda. Agenda item G14 Accept Traditional Hmong Necklace from the Moua Family with Unison Restaurant & Banquet Hall was added to the consent agenda. The following items were added to the agenda under Council Presentation: Gold Line T21 Commission Candidate Interview Suggestion Tartan Exchange Student from Pakistan Harambee Elementary Construction Project Nepali Kitchen Fall Clean -Up Councilmember Juenemann moved to Seconded by Councilmember Neblett The motion passed. APPROVAL OF MINUTES rove the aaenda as amended. Ayes — All 1. September 23, 2019 City Council Workshop Minutes October 14, 2019 City Council Meeting Minutes 1 Packet Page Number 1 of 334 E1 Councilmember Knutson moved to approve the September 23, 2019 City Council Workshop Minutes as submitted. Seconded by Councilmember Neblett Ayes — Mayor Abrams, Council Members Knutson, Neblett and Smith Abstain — Councilmember Juenemann The motion passed. 2. September 23, 2019 City Council Meeting Minutes Councilmember Smith moved to approve the September 23, 2019 City Council Meeting Minutes as submitted. Seconded by Councilmember Neblett Ayes — Mayor Abrams, Council Members Knutson, Neblett and Smith Abstain — Councilmember Juenemann The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave an update to the council calendar; reviewed other topics of concern or interest requested by councilmembers; and gave an overview of upcoming events in the community. 2. Council Presentations Gold Line Councilmember Smith reported on the Gold Line quarterly Management Team Meeting he recently attended. T21 Councilmember Neblett reported on emails from citizens regarding where the council is with T21. City Manager Coleman gave an update on the status of T21. Mayor Abrams gave additional information on T21. Commission Candidate Interview Suggestion Councilmember Neblett reported on the Commission Candidate Interview Suggestions the council received from City Manager Coleman and how to diversify the commissions. Tartan Exchange Student from Pakistan Mayor Abrams introduced Machal Wajiid, from Pakistan; she is in the US on a federal YES scholarship and is attending Tartan High School. Machal addressed the council to give additional information on the scholarship and her US experience. October 14, 2019 City Council Meeting Minutes Packet Page Number 2 of 334 2 E1 Harambee Elementary Construction Project Mayor Abrams reported on the ground breaking at Harambee Elementary School to celebrate the renovations that had been done in the building. Napoli Kitchen Mayor Abrams reported on the ribbon -cutting at the new Nepali Kitchen in Maplewood. Fall Clean -Up Councilmember Juenemann reported on the 2019 Fall Clean -Up. 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. The following items were highlighted G3, G4, G5, and G11. Councilmember Juenemann moved to approve agenda items G1 -G11 and G13 -G14. Seconded by Councilmember Neblett Ayes — All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 647,022.43 Checks #104307 thru #104340 dated 09/24/19 $ 692,176.62 Disbursements via debits to checking account dated 09/16/19 thru 09/20/19 $ 463,306.21 Checks #104343 thru # 104371 dated 10/01/19 $ 453,749.84 Disbursements via debits to checking account dated 09/23/19 thru 09/27/19 $ 666,674.09 Checks # 104372 thru # 104412 dated 10/02/19 thru 10/08/2019 $ 776,560.50 Disbursements via debits to checking account October 14, 2019 3 City Council Meeting Minutes Packet Page Number 3 of 334 E1 dated 09/30/19 thru 10/04/19 $ 3,699,489.69 Total Accounts Payable PAYROLL $ 585,794.20 Payroll Checks and Direct Deposits dated 09/20/19 $ 3,276.03 Payroll Deduction check # 99103906 thru # 99103910 dated 09/20/19 $ 597,226.49 Payroll Checks and Direct Deposits dated 10/04/19 $ 2,569.23 Payroll Deduction check # 99103926 thru # 99103929 dated 10/04/19 $ 1,188,865.95 Total Payroll $ 4,888,355.64 GRAND TOTAL Seconded by Councilmember Neblett Ayes — All The motion passed. 2. Resolution to Authorize Fire Truck Tax -Exempt Lease Financing Councilmember Juenemann moved to approve the resolution authorizing the execution and delivery of a lease -purchase agreement and related documents; and declaring the official intent of the city to reimburse certain expenditures from the proceeds thereof. Resolution 19-10-31 Authorizing the Execution and Delivery of a Lease -Purchase Agreement and Related Documents; and Declaring the Official intent of the City to Reimburse Certain Expenditures from the Proceeds Thereof BE IT RESOLVED by the City Council of the City of Maplewood, Ramsey County, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The City is authorized by Minnesota Statutes, Section 465.71, as amended (the "Act"), to acquire personal property under lease -purchase agreements. 1.02. The City intends to purchase a fire truck (the "Equipment") for use by the City's fire department. 1.03. The City intends to enter into a Master Tax -Exempt Lease/Purchase Agreement, as supplemented by all exhibits and schedule attached thereto (collectively, the "Lease"), dated on or after the date hereof, with U.S. Bancorp Government Lease and Finance, Inc. (the "Lender") to finance the acquisition of the Equipment. October 14, 2019 4 City Council Meeting Minutes Packet Page Number 4 of 334 E1 1.04. The Lease requires the City to make payments (the "Lease Payments") representing principal and interest, during the term of the Lease, subject to the right of the City, as required by the Act, at the end of any fiscal year to determine not to appropriate for future Lease Payments. The aggregate principal amount to be paid by the City pursuant to the Lease is $720,000.00 and the interest component of the Lease Payments to be made by the City under the Lease is computed at a rate of 2.275% per annum. Upon payment of all Lease Payments, the Lease will terminate, and the Equipment will be the property of the City. 1.05. A form of the Lease has been prepared by the Lender and is on file with the City Clerk. Section 2.Findings. On the basis of information given the City to date, it is hereby found, determined, and declared that: (a) It is desirable and in the best interest of the City to purchase the Equipment and to enter into the Lease. (b) The terms of the Lease are found to be advantageous to the City and the form and terms thereof are approved. (c) The Equipment constitutes essential government property, and the City presently intends to appropriate all Lease Payments under the Lease for the term of the Lease; however, the obligations of the City under the Lease are not to be payable from nor charged upon any funds of the City other than the funds appropriated annually to the payment thereof, and the Lease will not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except its interest in the Lease and in the Equipment. Section 3.Authorized Officials. The Lease and all related documents (the "Financing Documents") and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The Mayor of the City, the City Manager, and any other officer of the City who is required to execute contracts on behalf of the City are, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The Mayor of the City, the City Manager, and any other required officer of the City are authorized to affix the official seal of the City to the Financing Documents and attest the same. Section 4. Execution of Documents. The proper officers of the City are hereby authorized and directed to execute and deliver any and all papers, instruments, documents opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents. Section 5. Payment of Lease Payments. The City will pay to the Lender, promptly when due, all of the Lease Payments and other amounts required by the Lease. To provide moneys to make such payments, the City will include in its annual budget, for each Fiscal Year during the term of the Lease, commencing with the Fiscal Year ending on October 14, 2019 5 City Council Meeting Minutes Packet Page Number 5 of 334 E1 December 31, 2020, moneys sufficient to pay and for the purpose of paying all Lease Payments, a reasonable estimate of Lease Payments, and other amounts payable under the Lease, and will take all other actions necessary to provide moneys for the payment of the obligations of the City under the Lease from sources of the City lawfully available for the purpose. The agreement of the City in this section is subject to the City's right to terminate the Lease at the end of any Fiscal Year, as set forth in the Lease. Section 6. Registration and Transfer. The City Finance Director of the City is hereby appointed the registrar with respect to the Lease. The City will cause to be kept a register in which the registrar shall provide for the registration of the Lease. The Lease shall be registered in the name of the payee on the books of the registrar initially and when notice of any transfer or assignment is received. The City and registrar may treat the registered owner of the Lease as the person exclusively entitled to exercise all the rights and powers of the owner. The registrar shall require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer of the Lease. Section 7.Treatment of Registered Owner. The City and the registrar may treat the person in whose name the Lease is registered as the owner of the Lease for the purpose of receiving payments thereon and for all other purposes whatsoever, and neither the City nor the registrar shall be affected by notice to the contrary. Section 8.Qualified Tax -Exempt Obligation. In order to qualify the Lease as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Lease is not a "private activity bond" as defined in Section 141 of the Code; (b) the City designates the Lease as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds and 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2019 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2019 have been designated for purposes of Section 265(b)(3) of the Code. Section 9. No Arbitrage. Until expended on the Equipment, the proceeds of the Lease will be deposited and utilized in conformance with the terms thereof. Payments on the Lease shall be made from annual appropriations made by the City Council in each fiscal year, and money to make such payment shall not be segregated in any special fund of the City. No portion of the proceeds of the Lease will be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments. In addition, the proceeds of the Lease and money used to make payments on the Lease shall not be invested in obligations or October 14, 2019 6 City Council Meeting Minutes Packet Page Number 6 of 334 E1 deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Lease to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 10. Records and Certificates. The proper officers of the City are hereby authorized and directed to prepare and furnish to the Lender and Kennedy and Graven, Chartered, as bond counsel to the City, certified copies of all proceedings and records of the City relating to the Lease and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality of the Lease, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. Section 11. Negative Covenants as to Use of Proceeds and Equipment. The City hereby covenants not to use the proceeds of the Lease or to use the Equipment, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Equipment, in such a manner as to cause the Lease to be a "private activity bond" within the meaning of Sections 103 and 141 through 150 of the Code. The City reasonably expects that no actions will be taken over the term of the Lease that would cause it to be a "private activity bond", and the average term of the Lease is no longer than reasonably necessary for the governmental purpose. The City hereby covenants not to use the proceeds of the Lease in such a manner as to cause the Lease to be a "hedge bond" within the meaning of Section 149(g) of the Code. Section 12. Tax -Exempt Status of Lease; Rebate; Elections. The City shall comply with the requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Lease. If any elections are available now, or hereafter with respect to arbitrage or rebate matters relating to the Lease, the Mayor, City Finance Director, or either of them, are hereby authorized and directed to make such elections as they deem necessary, appropriate or desirable in connection with the Lease in order to retain the tax-exempt status, and all such elections shall be, and shall be deemed and treated as, elections of the City. Section 13. Declaration of Official Intent to Reimburse Certain Costs from Proceeds of the Lease. The City hereby makes this declaration of official intent (the "Declaration") to reimburse the expenditures made or to be made with respect to the Equipment from the proceeds of the Lease in accordance with Treasury Regulations, Section 1.150-2 (the "Reimbursement Regulations") promulgated under the Code. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of tax-exempt obligations, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) "preliminary expenditures" up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term "preliminary expenditures" includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to October 14, 2019 7 City Council Meeting Minutes Packet Page Number 7 of 334 E1 commencement of construction Section 14. Bond Counsel. Kennedy and Graven, Chartered is hereby designated as bond counsel to the City with respect to the Lease and is hereby authorized to take all actions necessary to prepare necessary documents to permit the execution of the Lease and the financing of the Equipment. Section 15. Severability. If any section, paragraph or provision on this resolution shall be held to be invalid, or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this resolution. Section 16. Headings. Headings in this resolution are included for convenience only and are not a part hereof. The headings in this resolution are not intended to limit or define the meaning of any provision hereto. Seconded by Councilmember Neblett Ayes — All The motion passed. 3. Resolution Accepting Donation from Grupa Portrait Studio, LLC Councilmember Juenemann moved to approve the resolution accepting a donation in the amount of $500.00 from Grupa Portrait Studio, LLC and to authorize the Finance Director to increase the Youth Scholarship Fund budaet by that amount: $500.00. Resolution 19-10-32 Acceptance of Donation WHEREAS the City of Maplewood and the Parks and Recreation Department has received a donation of $500.00 in support of the department; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Recreation Department to accept this donation. Seconded by Councilmember Neblett Ayes — All The motion passed. 4. Resolution Accepting Donation from Cynthia Gillett and Daniel Sadoff Councilmember Juenemann moved to approve the resolution accepting a donation in the amount of $1,000.00 from Cynthia Gillett and Daniel Sadoff for a bench at Fish Creek Preserve. Resolution 19-10-33 Acceptance of Donation October 14, 2019 8 City Council Meeting Minutes Packet Page Number 8 of 334 E1 WHEREAS the City of Maplewood and the Parks and Recreation Department has received a donation of $1000.00 for a bench and plaque from Cynthia Gillett and Daniel Sadoff; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Recreation Department to accept this donation. Seconded by Councilmember Neblett Ayes — All The motion passed. 5. Resolution Accepting Complete Count Committee Grant Councilmember Juenemann moved to approve the resolution accepting the Minneapolis Foundation Grant in the amount of $750.00 for the Census Complete Count Committee. Resolution 19-10-34 Acceptance of Donation WHEREAS the City of Maplewood, through its Census Complete Count Committee has been awarded a grant of $750.00 to help offset Census outreach costs; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood to accept this donation. Seconded by Councilmember Neblett Ayes — All The motion passed. 6. Resolution for a Lawful Gambling Premises Permit for Tartan Area Youth Hockey at Buffalo Wild Wings, 3085 White Bear Avenue Councilmember Juenemann moved to approve the resolution for a lawful gambling Premises permit for Tartan Area Youth Hockey to conduct gambling activities at Buffalo Wild Wings, 3085 White Bear Avenue. Resolution 19-10-35 Lawful Gambling Premises Permit for Tartan Area Youth Hockey at Buffalo Wild Wings WHEREAS, Tartan Area Youth Hockey has submitted an application to the City of Maplewood requesting City approval of a Lawful Gambling Premises permit application, to be used at Buffalo Wild Wings, 3085 White Bear Avenue, Maplewood, MN; WHEREAS, local approval is required prior to the Gambling Control Board's issuance of a premises permit; BE IT HEREBY RESOLVED, by the City Council of Maplewood, MN, that the premises permit for lawful gambling is approved for Tartan Area Youth Hockey to October 14, 2019 9 City Council Meeting Minutes Packet Page Number 9 of 334 E1 conduct gambling activities at Buffalo Wild Wings, 3085 White Bear Avenue, Maplewood, MN. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Board approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, MN, be forwarded to the Gambling Control Board for their approval. Seconded by Councilmember Neblett Ayes — All The motion passed. 7. Designation of Official Newspaper Councilmember Juenemann moved to approve to designate the Pioneer Press as the official newspaper for the city of Maplewood. Seconded by Councilmember Neblett Ayes — All The motion passed. 8. Contract for Purchase of Gas and Diesel Fuel with the State of Minnesota Fixed Price Fuel Program for 2020 Councilmember Juenemann moved to approve to direct the Mayor and City Manager to enter into a contract with the State of Minnesota Fixed Price Fuel Program for 2020 fuel purchases. Seconded by Councilmember Neblett Ayes — All The motion passed. 9. Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, Gladstone Phase 3 Corridor Improvements, City Project 16-18 Councilmember Juenemann moved to approve the resolution Directing Modification of Existing Construction Contract, Change Order No. 1, City Project 16-18, and authorize the Mayor and City Manager to sign Change Order No. 1. Resolution 19-10-36 Directing Modification of Existing Construction Contract Project 16-18, Change Order No. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 16-18, Gladstone Phase 3 Corridor Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and October 14, 2019 10 City Council Meeting Minutes Packet Page Number 10 of 334 E1 WHEREAS, it is now necessary and expedient that said contract be modified and designated as Gladstone Phase 3 Corridor Improvements, City Project 16-18, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor and City Manager are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is an increase of $57,517.13. The revised contract amount is $4,049,618.78. Seconded by Councilmember Neblett Ayes — All The motion passed 10. Purchase of One Utility Tractor Councilmember Juenemann moved to approve the purchase of one utility tractor and direct the Mayor and City Manager to enter into a contract with Frontier Aq and Turf for the purchase under MN State Contract #021815 -DAC in the amount of $147,469.17. Seconded by Councilmember Neblett Ayes — All The motion passed. 11. Agreement with City of St. Paul and Acceptance of Department of Public Safety Grant Money Councilmember Juenemann moved to approve the agreement with City of St. Paul and accept the Department of Public Safety grant money. Seconded by Councilmember Neblett Ayes — All The motion passed. 12. 2019 - 2020 School Resource Officer Agreement with Independent School District 622 This item was removed from the agenda. 13. TGK Automotive Service, 2545 Conway Avenue East a. Conditional Use Permit Resolution b. Setback Variance Resolution c. Design Review Councilmember Juenemann moved to approve the conditional use permit resolution for a motor vehicle maintenance garage at 2545 Conway Avenue East which is within the business commercial zoning district. October 14, 2019 11 City Council Meeting Minutes Packet Page Number 11 of 334 E1 Resolution 19-10-37 Conditional Use Permit Resolution WHEREAS, TGK Automotive Specialists, owner of the property located at 2545 Conway Avenue East, has applied for a conditional use permit for its motor vehicle maintenance garage within the Business Commercial (BC) district. WHEREAS, this permit applies to the property located at 2545 Conway Avenue East. The legal description of the property is: The South 205 feet of the West 188.84 feet of the South 2/3 of the West 1/2 of the East 3/4 of the Southwest 1/4 of the Northeast 1/4 of Section 36, Township 29, Range 22, Ramsey County, Minnesota WHEREAS, the history of this conditional use permit is as follows: On September 17, 2019, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the conditional use permit. 2. On October 14, 2019, the city council discussed the conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. October 14, 2019 12 City Council Meeting Minutes Packet Page Number 12 of 334 E1 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The property owner shall not park on the grass or landscaped areas. 5. All activity shall be confined to the site. There shall be no loading or unloading of vehicles on the street rights-of-way. All employees must park within the site. No employee parking is allowed on any nearby public streets. 6. The motor vehicle maintenance garage shall not store damaged vehicles on the site except in the building. 7. The motor vehicle maintenance garage shall not store any tires, vehicle parts, garbage, trash, waste materials or other debris outside. All such storage must be inside the building or in approved enclosure. 8. The motor vehicle maintenance garage shall ensure that all vehicle repair, assembly, disassembly and maintenance is done within the enclosed building. 9. The site shall install needed security lighting and cameras. 10. Comply with all city ordinance requirements for signage and parking. Seconded by Councilmember Neblett Ayes — All The motion passed. Councilmember Juenemann moved to approve the setback variance resolution for a motor vehicle maintenance garage at 2545 Conway Avenue East which allows a 48 -foot variance from the city's setback requirements. October 14, 2019 13 City Council Meeting Minutes Packet Page Number 13 of 334 E1 Resolution 19-10-38 Setback Variance Resolution WHEREAS, TGK Automotive Specialists, owner of the property located at 2545 Conway Avenue East, has, applied for a 48 -foot setback variance to build an addition to its motor vehicle maintenance garage building near residential properties the city has planned for residential use. The property is setback 302 feet from the nearest residential property line. WHEREAS, Section 44-512(8)(c) requires motor vehicle maintenance garages be setback 350 feet of any property that the city is planning for residential use. WHEREAS, the applicant's property is setback 302 feet from property that the city is planning for residential use. WHEREAS, this variance applies to the property located at 2545 Conway Avenue East. The legal description of the property is: The South 205 feet of the West 188.84 feet of the South 2/3 of the West 1/2 of the East 3/4 of the Southwest 1/4 of the Northeast 1/4 of Section 36, Township 29, Range 22, Ramsey County, Minnesota WHEREAS, the history of this variance is as follows: On September 17, 2019, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the variance. 2. On October 14, 2019, the city council discussed the variance. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above described variance for the following reasons: The proposed use would be in harmony with the general purposes and intent of the zoning ordinance since this property has been used as a motor vehicle maintenance garage for 57 years. 2. The existing and future use of the property is consistent with the commercial classification of the Maplewood Comprehensive Plan. 3. The applicant is proposing to use the property in a reasonable manner that would otherwise not be permitted by the city's requirement that motor vehicle maintenance garages be setback 350 foot from properties the city has planned for residential. October 14, 2019 14 City Council Meeting Minutes Packet Page Number 14 of 334 E1 4. Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the setback requirement stipulated by the ordinance would prohibit the addition to the motor vehicle maintenance garages on this site. Seconded by Councilmember Neblett Ayes — All The motion passed. Councilmember Juenemann moved to approve the design plans date-stamped September 4, 2019 for the 1,952 square foot building addition to the site located at 2545 Conway Avenue East. Approval is subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. All requirements of the fire marshal and building official must be met. 3. Meet all requirements in the engineering report, dated September 4, 2019. 4. Prior to the issuance of a building permit, the applicant shall submit for staff approval a revised site plan showing all non -accessible parking spaces being at least nine feet, six inches in width. 5. Prior to the issuance of a building permit, the applicant shall provide the city with cash escrow or an irrevocable letter of credit for the exterior site improvements. Staff shall determine the dollar amount of the escrow. 6. All work shall follow the approved plans. The director of community development may approve minor changes. 7. The applicant shall fix the existing light standards. 8. The existing damaged panels shall be fixed on the south side of the building. Seconded by Councilmember Neblett Ayes — All The motion passed. 14. Accept Traditional Hmong Necklace from the Moua Family with Unison Restaurant & Banquet Hall Councilmember Juenemann moved to accept the Traditional Hmong Necklace from the Moua family with Unison Restaurant & Banquet Hall. Seconded by Councilmember Neblett Ayes — All The motion passed. H. PUBLIC HEARINGS — If you are here fora 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 October 14, 2019 15 City Council Meeting Minutes Packet Page Number 15 of 334 E1 UNFINISHED BUSINESS Award of 2020 Charitable Gambling Funds City Manager Coleman gave the report. Councilmember Juenemann moved to approve the proposed award amounts below. Organization Amount Requested Recommended Award Carver Elementary PTO $ 5,859.00 $ 1,400.00 CHILD, Inc. $ 2,000.00 $ 1,330.00 Dispute Resolution Center $ 3,000.00 $ 1,070.00 Friends of Maplewood Nature $ 6,000.00 $ 1,940.00 ISD 622 Education Foundation $ 2,500.00 $ 1,800.00 ISD 622 Fusion Drumline Parent Booster Organization $ 1,000.00 $ 500.00 ISD 622 Gladstone Meals on Wheels $ 5,000.00 $ 2,030.00 Maplewood Area Historical Society $ 9,250.00 $ 2,160.00 Maplewood Police Reserves $ 2,500.00 $ 1,480.00 Maplewood Youth Scholarship Fund $ 3,500.00 $ 2,230.00 North High School Bands $ 2,000.00 $ 760.00 North High School Robotics Team 2501 $ 5,000.00 $ 1,170.00 Northern Lights Show Choir $ 5,000.00 $ 1,200.00 Operation Grace MN $ 3,000.00 $ 1,740.00 Prevent 7 $ 3,500.00 $ 1,020.00 Ramsey County Fair $ 2,500.00 $ 1,170.00 Silver Lake Improvement Association $ 1,000.00 $ 400.00 Special Olympics MN - Maplewood Monarchs $ 1,000.00 $ 800.00 Tubman Family Alliance $ 1,500.00 $ 1,250.00 Weaver Elementary School $ 3,000.00 $ 1,310.00 Webster Elementary School $ 3,000.00 $ 1,370.00 YMCA of the Greater Twin Cities $ 3,500.00 $ 1,870.00 Seconded by Councilmember Smith Ayes — All The motion passed. J. NEW BUSINESS None K. AWARD OF BIDS Resolution Receiving Bids and Awarding Construction Contract for Building 1902 HVAC Upgrades, Project 19-18 Public Works Director Love gave the staff report. October 14, 2019 16 City Council Meeting Minutes Packet Page Number 16 of 334 E1 Councilmember Smith moved to approve the Resolution for Receivinq Bids and Awarding Construction Contract, including Base Bid, and accepting Alternate No. 1, for the Building 1902 HVAC Upgrades, City project 19-18, to NAC Mechanical and Electrical Services in the amount of $180,900. Resolution 19-10-39 Receiving Bids and Awarding Construction Contract WHEREAS, pursuant to resolution passed by the City Council on August 26, 2019, approving plans and specifications and advertising for bids for the Building 1902 HVAC Upgrades, City Project 19-18, and WHEREAS, the plans and specifications were advertised for bids, and WHEREAS, bids were received and opened on September 26, 2019 at 10:00 A. M. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the bid by NAC Mechanical & Electrical Services in the amount of $180,900.00 is the lowest responsible bid for the construction of the Building 1902 HVAC Upgrades, City Project 19-18, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. FURTHERMORE, a budget of $269,000.00 has been established in the Building Fund. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan to finance said project. Seconded by Councilmember Knutson Ayes — All The motion passed. L. ADJOURNMENT Mayor Abrams adjourned the meeting at 8:07 p.m. October 14, 2019 17 City Council Meeting Minutes Packet Page Number 17 of 334 Fla CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: City Council REPORT FROM: Melinda Coleman, City Manager PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Council Calendar Update Action Requested: ❑ Motion ✓ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation 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. Also included is a list of upcoming City -sponsored community events. Recommended Action: No motion needed. This is an informational item Uacomina Aaenda Items and Work Sessions Schedule: Nov. 12: Workshop: Police Advisory Commission organization/format review Council: Liquor License Ordinance Update Nov 16: HEDC/City Council Development Tour (8:30 am to 1 pm) Nov. 25: Joint HEDC and MEDA Planning Session (4 to 7 pm) Dec. 9: Workshop: City Assessment Policy; ClearGov Software Demonstration EDA Meeting: 6 pm Council: Approval of 2020 Budget & CIP Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1. Tobacco 21 — Workshop & Council Meeting — follow up to be scheduled 2. Create Pedestrian Safety Plan — Study underway, fall completion 3. New On Street Parking Ordinance — Report given on July 22nd 4. New Excess calls for Service Ordinance — Report given on July 22nd 5. Pet Licenses — Report given on July 22nd 6. Local Option Sales Tax and Construction Sales Tax Exemption Legislation — in process Packet Page Number 18 of 334 Fla Upcoming Community Events: Date Time Event Location 10/26/19 1- 3 pm Boo Bash Bruentrup Farm 10/27/19 1-4 pm Rice/Larpenteur Fall Festival Rice Street Gardens 11/12/19 6 - 7:30 pm Coffee with a Cop (SWAT, specialty units, K9) MCCNMCA 11/16/19 8:30 am - 1 pm HEDC/EDA Development Tour Meet at City Hall 11/17/19 1 - 3 pm Coffee with a Cop 3025 Southlawn Drive 12/10/19 3 - 4:30 pm Business Education Series - 8 Metrics to Success 1910 Co. Rd B Roseville 12/12/19 7 - 9 am Employee Holiday Breakfast MCCNMCA 1/16/19 11:30 am - 1 pm State of the City Luncheon MCCNMCA Packet Page Number 19 of 334 F3 CITY COUNCIL STAFF REPORT Meeting Date March 11, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Lois Knutson, Administrative Services & Performance Measurement Coordinator PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Resolution for Commissioner Appointments Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: V Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The City Council interviewed two candidates for openings on the Environmental & Natural Resources Commission and Parks & Recreation Commission. Currently there is one opening on each commission. Both openings are due to resignations. Recommended Action: Motion to approve the attached resolution to appoint the candidates to the commissions as indicated below: Environmental & Natural Resources Commission (one opening) Matthew Arnett* term expires September 30, 2020 Parks & Recreation Commission (one opening) Matthew Arnett or Karen Poppa* term expires April 30, 2022 *Note: Recommendation will be modified to reflect the Council votes Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0.00 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: n/a Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ❑ Operational Effectiveness ✓ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. Packet Page Number 20 of 334 F3 The City's Commissions and Boards provide an opportunity for citizens to become involved in City government and be a part of the decision making process. Background There is currently one vacancy on the Environmental & Natural Resources Commission. The vacant term runs through September 30, 2020. The opening is due to a resignation. There is currently one vacancy on the Parks & Recreation Commission. The vacant term runs through April 30, 2022. The opening is due to a resignation. The City has advertised and accepted applications from interested individuals. The City Council then interviewed two candidates for the commission and filled out ballots during the Workshop prior to this meeting. Staff has tallied the ballots. Attachments 1. Resolution for Appointment Packet Page Number 21 of 334 F3, Attachment 1 RESOLUTION BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to be appointed to the following commission or board: Environmental & Natural Resources Commission (one opening) Matthew Arnett* term expires September 30, 2020 Parks & Recreation Commission (one opening) Matthew Arnett or Karen Poppa* term expires April 30, 2022 *Note: Recommendation will be modified to reflect the Council votes Packet Page Number 22 of 334 G1 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Ellen Paulseth, Finance Director DATE: October 22, 2019 SUBJECT: Approval of Claims Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $ 910,116.99 Checks #104413 thru #104447 dated 10/15/19 $ 329,820.31 Disbursements via debits to checking account dated 10/07/19 thru 10/11/19 $ 320,160.79 Checks # 104448 thru #104481 dated 10/22/19 $ 423,219.30 Disbursements via debits to checking account dated 10/15/19 thru 10/18/19 $ 1,983,317.39 Total Accounts Payable PAYROLL $ 568,894.95 Payroll Checks and Direct Deposits dated 10/18/19 $ 3,233.96 Payroll Deduction check # 99103945 thru # 99103949 dated 10/18/19 $ 572,128.91 Total Payroll $ 2,555,446.30 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. Attachments Packet Page Number 23 of 334 Check Register City of Maplewood 10/11/2019 G1, Attachments Check Date Vendor Description Amount 104413 10/15/2019 05234 BOILER EXPRESS CAR WASH CAR WASHES - SEPTEMBER 20.39 104414 10/15/2019 00211 BRAUN INTERTEC CORP. PROJ 18-27 MNDOT TESTING 3,706.00 10/15/2019 00211 BRAUN INTERTEC CORP. PROJ 18-27 MNDOT TESTING 1,695.50 104415 10/15/2019 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS - SEPTEMBER 720.90 104416 10/15/2019 05598 KELLY & LEMMONS, P.A. PROSECUTION SERVICES - SEPTEMBER 16,250.00 10/15/2019 05598 KELLY & LEMMONS, P.A. REMACKEL ABATEMENT INJUNCTION 390.00 104417 10/15/2019 02728 KIMLEY-HORN & ASSOCIATES INC PROJ 16-18 GLADSTONE PHASE 3 62,314.47 10/15/2019 02728 KIMLEY-HORN & ASSOCIATES INC ENG DESIGN/PLANS-GATE-WAKEFIELD 762.30 104418 10/15/2019 00908 M R P A FALL SOFTBALL TEAM REGISTRATION 462.00 104419 10/15/2019 04316 CITY OF MINNEAPOLIS RECEIVABLES AUTO PAWN SYSTEM - AUGUST 674.10 104420 10/15/2019 01574 T A SCHIFSKY & SONS, INC PROJ 18-01 FERNDALE-IVY PMT#6 459,563.16 10/15/2019 01574 T A SCHIFSKY & SONS, INC PROJ 17-18 FARRELL-FERN DALE PMT#21 92,061.49 104421 10/15/2019 00024 ABLE HOSE & RUBBER INC SWEEPER FILTER & FLUSH HOSE 189.89 104422 10/15/2019 06048 ALL WEATHER SERVICES ESTIMATE FOR 2471 & 2451 FOREST ST 150.00 104423 10/15/2019 05559 APPRIZE TECHNOLOGY SOLUTIONS ONLINE BENEFITS ADMIN FEE- OCT 853.50 104424 10/15/2019 06047 AT YOUR SERVICE CONSTRUCTION ESTIMATE FOR 2471 & 2451 FOREST ST 150.00 104425 10/15/2019 05972 BHE COMMUNITY SOLAR, LLC COMMUNITY SOLAR GARDEN -JULY 10,262.33 104426 10/15/2019 06044 CARDINAL INVESTIGATIONS EMPLOYMENT BACKGROUND CHECK 2,550.90 104427 10/15/2019 00036 CHARITABLE GAMBLING CHARITABLE GAMBLING-RAMSEY CARE CT 850.00 104428 10/15/2019 05313 GRAPHIC DESIGN, INC. BUSINESS CARDS 168.45 104429 10/15/2019 00846 LANGUAGE LINE SERVICES PD PHONE -BASED INTERPRETIVE SRVS 83.53 104430 10/15/2019 00922 MAILE ENTERPRISES INC HYDRANT MARKERS FOR UTILITY DEPT 1,264.94 104431 10/15/2019 05222 MARTIN-MCALLISTER PUBLIC SAFETY ASSESSEM ENT 6,750.00 104432 10/15/2019 06045 VANESSA MERRY ART CLASS INSTRUCTION 9-27-19 150.00 104433 10/15/2019 06046 BETH NEU CONSULTANT FEES LEAD ACADEMY 820.56 104434 10/15/2019 00001 ONE TIME VENDOR REIMB REEVES - SPRINKLER SYS REPAIR 350.00 104435 10/15/2019 00001 ONE TIME VENDOR REFUNDATALEY- TRANSMEDIC 347.03 104436 10/15/2019 00001 ONE TIME VENDOR REFUND WS&D - BLDG PERMIT 117.00 104437 10/15/2019 00001 ONE TIME VENDOR REFUND T ASH - TRANS MEDIC 94.33 104438 10/15/2019 00001 ONE TIME VENDOR REFUND G GUNELSON - TRANS MEDIC 25.00 104439 10/15/2019 00396 MN DEPT OF PUBLIC SAFETY FINGERPRINT BACKGROUND FEE ACCT 200.00 104440 10/15/2019 06014 RENDER FORESTRY CONSULTING TREE INSPECTION SRVS - SEPTEMBER 2,633.93 104441 10/15/2019 02086 ST PAUL AREA CHAMBER OF COMM BRE&A- SEPTEMBER 2,000.00 104442 10/15/2019 01836 ST PAUL, CITY OF ANIMAL BOARDING SRVS - MARCH -JUNE 4,885.00 104443 10/15/2019 01522 STATE OF MINNESOTA DATA PRACTICES CLASS - MARIE KORAN 225.00 104444 10/15/2019 05005 SUN CONTROL OF MINNESOTA, INC. WINDOW FILM AT 1902 3,287.00 104445 10/15/2019 05663 TRANS UNION LLC PRE-EMPOLYM ENT CREDIT CK SRVS 105.40 104446 10/15/2019 02464 US BANK PAYING AGENT FEES 450.00 10/15/2019 02464 US BANK PAYING AGENT FEES 450.00 104447 10/15/2019 05936 VERSACON, INC. PROJ 18-04 WAKEFIELD PARK PMT#8 232,082.89 910.116.99 35 Checks in this report. Packet Page Number 24 of 334 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement Date Payee 10/7/2019 MN State Treasurer 10/7/2019 Delta Dental 10/7/2019 Empower - State Plan 10/8/2019 MN State Treasurer 10/9/2019 MN State Treasurer 10/9/2019 MN Dept of Revenue 10/9/2019 Delta Dental 10/10/2019 MN State Treasurer 10/11/2019 MN State Treasurer 10/11/2019 MN Dept of Natural Resources 10/11/2019 Optum Health Description Drivers License/Deputy Registrar Dental Premium Deferred Compensation Drivers License/Deputy Registrar Drivers License/Deputy Registrar Fuel Tax Dental Premium Drivers License/Deputy Registrar Drivers License/Deputy Registrar DNR electronic licenses DCRP & Flex plan payments G1, Attachments Amount 64,315.58 3,235.47 26,743.00 26,894.64 43,353.65 25.00 547.00 73,042.36 90,691.67 264.60 707.34 329,820.31 Packet Page Number 25 of 334 Check Register City of Maplewood 10/17/2019 G1, Attachments Check Date Vendor Description Amount 104448 10/22/2019 05311 WILLIE MCCRAY SOFTBALL UMPIRES 09/30 - 10/10 773.50 10/22/2019 05311 WILLIE MCCRAY SOFTBALL UMPIRES 09/23 - 09/26 495.00 104449 10/22/2019 05902 NEOFUNDS POSTAGE - 1902 POSTAGE MACHINE 6297 2,000.00 104450 10/22/2019 01160 NEWMAN SIGNS, INC. PROJ 17-18 NO PARKING SIGN POSTS 1,624.00 104451 10/22/2019 01202 NYSTROM PUBLISHING CO INC MAPLEWOOD LIVING/SEASONS - OCT 8,714.51 104452 10/22/2019 01546 SUBURBAN SPORTSWEAR ADD'L T-SHIRTS FOR INTRO TO BBALL 168.50 104453 10/22/2019 01574 T A SCHIFSKY & SONS, INC PROJ 18-27 MAILAND-CRESTVIEW PMT#6 176,016.13 10/22/2019 01574 T A SCHIFSKY & SONS, INC BITUMINOUS MATERIALS FOR PAVING 18,031.93 10/22/2019 01574 T A SCHIFSKY & SONS, INC BITUMINOUS MATERIALS FOR PAVING 9,204.16 10/22/2019 01574 T A SCHIFSKY & SONS, INC BITUMINOUS MATERIALS- 1,923.57 10/22/2019 01574 T A SCHIFSKY & SONS, INC BITUMINOUS MATERIALS- 1,562.37 104454 10/22/2019 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 3,286.22 10/22/2019 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 2,653.25 10/22/2019 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 162.67 104455 10/22/2019 06050 A P M P APMP FALL CONFERENCE 40.00 104456 10/22/2019 05948 BLUE NET, INC. CONTRACTOR ASSIST NEW INTRANET 75.00 104457 10/22/2019 03486 BUBERL BLACK DIRT INC BLACK DIRT-HAZELWOOD PARK FIELD 6 450.00 104458 10/22/2019 00036 CHARITABLE GAMBLING CHARITABLE GAMBLING -YMCA 2,120.00 104459 10/22/2019 05514 COIT COMMERCIAL SERVICES CARPET CLEANING - MNC 305.00 104460 10/22/2019 04371 ELECTRO WATCHMAN INC. PROX CARDS 1,904.00 104461 10/22/2019 04123 FRIENDS OF MAPLEWOOD NATURE CHARITABLE GAMBLING 1,060.00 104462 10/22/2019 05533 KIRVIDA FIRE REPAIRS TO ENGINE #325 14,023.51 104463 10/22/2019 00827 L M C I T CLAIM DEDUCTIBLE LMC GL 28368 (16/17) 48,291.66 104464 10/22/2019 05809 MARCO TECHNOLOGIES LLC REPLACEMENT SECURITY CAMERA 879.72 104465 10/22/2019 06045 VANESSA MERRY ART CLASS INSTRUCTION 10-11-19 125.00 104466 10/22/2019 04318 MILLER EXCAVATING, INC. DISPOSAL OF SCREENED SWEEPINGS 430.00 104467 10/22/2019 05804 NM CLEAN 1, LLC VEHICLE WASHES - SEPTEMBER 51.96 104468 10/22/2019 05356 NORTH SUBURBAN ACCESS CORP WEBSTREAMING SRVS - SEPTEMBER 2,144.08 104469 10/22/2019 01261 PHYSIO -CONTROL, INC. EMS REPORTING SOFTWARE - OCT 882.00 104470 10/22/2019 06029 PROMOTIONAL MARKETING SERVICES PROMOTIONAL FOOTBALLS FINAL PMT 2,150.00 104471 10/22/2019 00396 MN DEPT OF PUBLIC SAFETY CJDN ACCESS FEE - 3RD QTR JULY -SEPT 1,920.00 104472 10/22/2019 00396 MN DEPT OF PUBLIC SAFETY TABS FOR UNMARKED VEHICLES 72.00 104473 10/22/2019 02001 CITY OF ROSEVILLE 1920 RICE ST LIGHT -SHARED XCEL BILL 56.68 104474 10/22/2019 06049 GRACE SHELDON FACE PAINTER 40TH ANNIVERSARY 150.00 104475 10/22/2019 01836 ST PAUL, CITY OF RADIO MAINT & SRVS - AUGUST 792.02 10/22/2019 01836 ST PAUL, CITY OF RADIO MAINT & SRVS - AUGUST 221.62 104476 10/22/2019 03826 STERNBERG LIGHTING, INC REPLACEMENT POLES-LEGACY&KENNAR[ 5,500.00 104477 10/22/2019 04207 STRYKER SALES CORP. COT REPAIRS 769.74 10/22/2019 04207 STRYKER SALES CORP. COT REPAIRS 435.20 104478 10/22/2019 01578 T R F SUPPLY CO. ICE MELT FOR CITY CAMPUS 2,635.20 104479 10/22/2019 05528 TOSHIBA FINANCIAL SERVICES (2) CONTRACT 7950665-011 525.16 10/22/2019 05528 TOSHIBA FINANCIAL SERVICES (2) CONTRACT 7950665-005 374.31 10/22/2019 05528 TOSHIBA FINANCIAL SERVICES (2) CONTRACT 7950665-013 341.10 10/22/2019 05528 TOSHIBA FINANCIAL SERVICES (2) CONTRACT 7950665-004 183.91 10/22/2019 05528 TOSHIBA FINANCIAL SERVICES (2) CONTRACT 7950665-012 103.54 10/22/2019 05528 TOSHIBA FINANCIAL SERVICES (2) CONTRACT 7950665-010 92.57 104480 10/22/2019 04104 TRANE U.S. INC. TRACER ENSEMBLE SERVER SOFTWARE 2,880.00 104481 10/22/2019 05994 VISION33 INC. ACCELA IMPLEMENTATION ASSIST 1,560.00 320.160.79 34 Checks in this report. Packet Page Number 26 of 334 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement Date Payee 10/15/2019 MN State Treasurer 10/16/2019 MN State Treasurer 10/16/2019 MN Dept of Revenue 10/16/2019 MN Dept of Revenue 10/16/2019 Delta Dental 10/17/2019 MN State Treasurer 10/18/2019 MN State Treasurer 10/18/2019 US Bank VISA One Card* 10/18/2019 Optum Health Description Drivers License/Deputy Registrar Drivers License/Deputy Registrar Fuel Tax Sales Tax Dental Premium Drivers License/Deputy Registrar Drivers License/Deputy Registrar Purchasing card items DCRP & Flex plan payments *Detailed listing of VISA purchases is attached. G1, Attachments Amount 106,430.41 92,397.15 335.16 451.00 2,295.36 71,535.78 100,780.50 48,864.58 129.36 423,219.30 Packet Page Number 27 of 334 G1, Attachments Transaction Date Posting Date Merchant Name Transaction Amount Name 09/27/2019 09/30/2019 CUB FOODS #1599 $34.33 JOSHUA ABRAHAM 09/30/2019 10/01/2019 MINNESOTA MASONIC HE $517.00 JOSHUA ABRAHAM 10/10/2019 10/11/2019 OLD LOG THEATRE $100.00 JOSHUA ABRAHAM 10/02/2019 10/03/2019 ST PAUL STAMP WORKS INC $24.20 REGAN BEGGS 10/09/2019 10/11/2019 OFFICE DEPOT#1090 $138.14 REGAN BEGGS 09/30/2019 09/30/2019 AMZN MKTP US*V069H8VL3 $20.76 BRIAN BIERDEMAN 10/03/2019 10/04/2019 SQ "FOREST LAKE SPORTSMEN $1,080.00 BRIAN BIERDEMAN 09/27/2019 09/30/2019 CUB FOODS #1599 $23.90 NEIL BRENEMAN 09/27/2019 09/30/2019 DOLLAR TREE $12.86 NEIL BRENEMAN 09/27/2019 09/30/2019 DOLLAR TREE $15.10 NEIL BRENEMAN 09/30/2019 10/01/2019 FACEBK BRQUXKAGN2 $108.51 NEIL BRENEMAN 10/07/2019 10/08/2019 MILLS FLEET FARM 2700 $199.99 TROY BRINK 10/09/2019 10/10/2019 FASTENAL COMPANY 01MNT11 $87.44 TROY BRINK 10/10/2019 10/11/2019 LITTLE VENETIAN $28.99 DANIEL BUSACK 09/27/2019 09/30/2019 MENARDS OAKDALE MN $14.72 SCOTT CHRISTENSON 09/27/2019 09/30/2019 MENARDS OAKDALE MN $55.96 SCOTT CHRISTENSON 10/01/2019 10/02/2019 CINTAS 60A SAP $16.93 SCOTT CHRISTENSON 10/02/2019 10/03/2019 CINTAS 60A SAP $83.91 SCOTT CHRISTENSON 10/08/2019 10/09/2019 BDI USA $389.81 SCOTT CHRISTENSON 10/08/2019 10/09/2019 STATE SUPPLY $381.66 SCOTT CHRISTENSON 10/09/2019 10/10/2019 CINTAS 60A SAP $65.19 SCOTT CHRISTENSON 10/05/2019 10/07/2019 GALLS $4,977.61 KERRY CROTTY 09/27/2019 09/30/2019 BESTBUYCOM805646245002 $53.68 THOMAS DABRUZZI 09/30/2019 10/01/2019 AMZN MKTP US*A043F4GI3 $225.48 THOMAS DABRUZZI 10/04/2019 10/07/2019 AMZN MKTP US ($7.37) TOM DOUGLASS 10/01/2019 10/02/2019 CRISIS MEDICINE $80.00 MICHAEL DUGAS 10/03/2019 10/04/2019 CINTAS 60A SAP $37.50 CASSIE FISHER 10/10/2019 10/11/2019 CINTAS 60A SAP $25.00 CASSIE FISHER 09/27/2019 09/30/2019 CDW GOVT #VCP9852 $3,350.00 MYCHAL FOWLDS 09/30/2019 10/01/2019 BLUEBEAM INC $4,537.00 MYCHAL FOWLDS 10/05/2019 10/07/2019 AMZN MKTP US"4N6BE4L63 $25.90 MYCHAL FOWLDS 10/06/2019 10/07/2019 VZWRLSS"APOCC VISB $6,334.36 MYCHAL FOWLDS 10/07/2019 10/08/2019 CDW GOVT #VGB7787 $98.32 MYCHAL FOWLDS 10/10/2019 10/11/2019 CDW GOVT #VHF0987 $771.00 MYCHAL FOWLDS 10/10/2019 10/11/2019 AT&T"BILL PAYMENT $31.25 MYCHAL FOWLDS 10/08/2019 10/09/2019 BESTBUYCOM805647507739 $102.00 NICK FRANZEN 10/08/2019 10/09/2019 BESTBUYCOM805647481657 $45.09 NICK FRANZEN 10/04/2019 10/07/2019 MENARDS OAKDALE MN $59.86 CAROLE GERNES 10/09/2019 10/11/2019 OFFICEMAX/DEPOT 6164 $8.54 CAROLE GERNES 10/10/2019 10/11/2019 PRAIRIE RESTORATIONS, INC $278.65 CAROLE GERNES 10/10/2019 10/11/2019 NEOPOST USA $150.33 ALEX GERONSIN 10/04/2019 10/07/2019 GRUBER'S POWER EQUIPMENT $34.98 TAMARA HAYS 10/03/2019 10/04/2019 AMZN MKTP US"AV5CL4AE3 $17.16 LINDSAY HERZOG 10/03/2019 10/04/2019 41MPRINT $389.32 LINDSAY HERZOG 10/09/2019 10/10/2019 TRADER JOE'S #727 QPS $50.00 LINDSAY HERZOG 10/01/2019 10/02/2019 FRATTALLONES WOODBURY AC $16.59 GARY HINNENKAMP 10/01/2019 10/03/2019 THE HOME DEPOT#2801 $12.14 GARY HINNENKAMP 10/08/2019 10/09/2019 GRUBER'S POWER EQUIPMENT $17.49 GARY HINNENKAMP 10/08/2019 10/09/2019 SITEONE LANDSCAPE SUPPLY, $33.61 GARY HINNENKAMP 09/27/2019 09/30/2019 WINDSCAPE INC $312.60 ANN HUTCHINSON 10/01/2019 10/02/2019 CINTAS 60A SAP $35.05 ANN HUTCHINSON 10/09/2019 10/11/2019 THE HOME DEPOT#2801 $9.51 ANN HUTCHINSON 09/26/2019 09/30/2019 HOMEDEPOT.COM ($45.36) DAVID JAHN 09/27/2019 09/30/2019 HOMEDEPOT.COM $35.88 DAVID JAHN 10/09/2019 10/10/2019 AMZN MKTP US"JD82D23F3 $47.09 DAVID JAHN 09/26/2019 09/30/2019 OFFICE DEPOT #1090 $51.37 ELIZABETH JOHNSON Packet Page Number 28 of 334 G1, Attachments 09/27/2019 09/30/2019 IN "ON SITE BODY ARMOR $600.00 KEVIN JOHNSON 10/02/2019 10/03/2019 SHRED -IT USA LLC $48.26 LOIS KNUTSON 09/28/2019 09/30/2019 BATTERIES PLUS - #0031 $12.55 ERIC KUBAT 10/09/2019 10/10/2019 PEACHJAR $450.00 GINA KUCHENMEISTER 10/03/2019 10/04/2019 PEAVEY CORP. $175.70 JASON KUCHENMEISTER 10/08/2019 10/08/2019 ULINE "SHIP SUPPLIES $343.56 JASON KUCHENMEISTER 10/05/2019 10/07/2019 IN "ON SITE BODY ARMOR $600.00 DAVID KVAM 10/07/2019 10/08/2019 THOMSON WEST"TCD $565.00 DAVID KVAM 10/07/2019 10/08/2019 DALCO ENTERPRISES $309.71 CHING LO 10/04/2019 10/07/2019 HILTON RICHMOND DTOWN $326.30 STEVE LOVE 09/27/2019 09/30/2019 ASPEN MILLS INC. ($56.85) STEVE LUKIN 09/27/2019 09/30/2019 ASPEN MILLS INC. $90.45 STEVE LUKIN 09/27/2019 09/30/2019 ASPEN MILLS INC. $261.80 STEVE LUKIN 09/27/2019 09/30/2019 ASPEN MILLS INC. $180.35 STEVE LUKIN 09/27/2019 09/30/2019 ASPEN MILLS INC. $47.95 STEVE LUKIN 09/27/2019 09/30/2019 ASPEN MILLS INC. $227.70 STEVE LUKIN 09/27/2019 09/30/2019 ASPEN MILLS INC. $113.90 STEVE LUKIN 09/30/2019 10/02/2019 AIRGASS NORTH $21.85 STEVE LUKIN 10/01/2019 10/02/2019 PEACHJAR $100.00 STEVE LUKIN 10/02/2019 10/04/2019 AIRGASS NORTH $228.91 STEVE LUKIN 10/02/2019 10/04/2019 AIRGASS NORTH $392.59 STEVE LUKIN 10/03/2019 10/03/2019 COMCAST CABLE COMM $2.24 STEVE LUKIN 10/03/2019 10/07/2019 MENARDS MAPLEWOOD MN $53.96 STEVE LUKIN 10/08/2019 10/09/2019 ASPEN MILLS INC. $113.70 STEVE LUKIN 10/08/2019 10/09/2019 ASPEN MILLS INC. $109.99 STEVE LUKIN 10/10/2019 10/11/2019 ALLIED PARKING LANDMAR $8.00 STEVE LUKIN 09/27/2019 09/30/2019 BREEZY POINT RESORT INTL $181.46 MIKE MARTIN 09/27/2019 09/30/2019 AMERICINN LODGE& STIES $267.48 MIKE MARTIN 10/01/2019 10/02/2019 AMERICAN PLANNING A $160.00 MIKE MARTIN 10/02/2019 10/03/2019 PARKING METER ST PAUL $3.56 MIKE MARTIN 09/30/2019 10/01/2019 KIDDE FIRE TRAINERS $3,748.00 MICHAEL MONDOR 10/01/2019 10/02/2019 CENTURY COLG $1,211.20 MICHAEL MONDOR 10/07/2019 10/08/2019 EVEREST EMERGENCY VEHICLE $585.66 MICHAEL MONDOR 10/07/2019 10/08/2019 AUTOZONE #4323 $66.52 MICHAEL MONDOR 10/09/2019 10/10/2019 BEST BUY MHT 00000109 $42.93 MICHAEL MONDOR 10/09/2019 10/10/2019 AMZN MKTP US"F20ZG82R3 $68.63 MICHAEL MONDOR 10/01/2019 10/02/2019 PAYPAL "MINNESOTAFA $30.00 BRYAN NAGEL 10/08/2019 10/09/2019 LTG POWER EQUIPMENT $176.50 JOHN NAUGHTON 10/02/2019 10/03/2019 JOANN STORES #1970 $84.50 MICHAEL NYE 10/02/2019 10/03/2019 TARGET 00011858 $9.55 MICHAEL NYE 10/02/2019 10/03/2019 RECONYX, INC $366.09 MICHAEL NYE 10/07/2019 10/08/2019 AMZN MKTP US"S27DCOYG3 $59.72 MICHAEL NYE 10/10/2019 10/11/2019 USPS KIOSK 2683389553 $14.25 MICHAEL NYE 10/07/2019 10/08/2019 HY-TEST SAFETY SHOES - MI $199.99 ERICK OSWALD 10/03/2019 10/04/2019 MINNESOTA GOVERNMENT FIN $15.00 ELLEN PAULSETH 09/27/2019 09/30/2019 BOUND TREE MEDICAL LLC $145.60 KENNETH POWERS 09/27/2019 09/30/2019 BOUND TREE MEDICAL LLC $1,072.67 KENNETH POWERS 10/01/2019 10/03/2019 BOUND TREE MEDICAL LLC $72.80 KENNETH POWERS 10/02/2019 10/04/2019 BOUND TREE MEDICAL LLC $342.85 KENNETH POWERS 10/02/2019 10/04/2019 BOUND TREE MEDICAL LLC $135.00 KENNETH POWERS 10/02/2019 10/04/2019 BOUND TREE MEDICAL LLC $24.50 KENNETH POWERS 10/04/2019 10/07/2019 JOANN STORES #1902 $33.44 KENNETH POWERS 10/04/2019 10/07/2019 BOUND TREE MEDICAL LLC $208.70 KENNETH POWERS 10/04/2019 10/07/2019 COSTCO WHSE#1272 $265.76 KENNETH POWERS 10/07/2019 10/09/2019 BOUND TREE MEDICAL LLC $658.39 KENNETH POWERS 09/27/2019 09/30/2019 0391-AUTOPLUS $185.64 STEVEN PRIEM 09/30/2019 10/01/2019 FRONTIER HASTINGS 010102 $186.05 STEVEN PRIEM Packet Page Number 29 of 334 G1, Attachments 09/30/2019 10/01/2019 POMP S TIRE #021 $226.00 STEVEN PRIEM 09/30/2019 10/01/2019 0391-AUTOPLUS $6.96 STEVEN PRIEM 09/30/2019 10/02/2019 AN FORD WHITE BEAR LAK $89.17 STEVEN PRIEM 10/01/2019 10/02/2019 FACTORY MTR PTS #19 $102.17 STEVEN PRIEM 10/01/2019 10/02/2019 WALSER POLAR CHEVROLET $82.28 STEVEN PRIEM 10/01/2019 10/02/2019 MTI $118.18 STEVEN PRIEM 10/01/2019 10/02/2019 TRI-STATE BOBCAT $145.07 STEVEN PRIEM 10/01/2019 10/03/2019 0391-AUTOPLUS $167.00 STEVEN PRIEM 10/01/2019 10/03/2019 0391-AUTOPLUS $79.95 STEVEN PRIEM 10/02/2019 10/03/2019 FACTORY MTR PTS #19 $22.57 STEVEN PRIEM 10/02/2019 10/03/2019 FACTORY MTR PTS #19 $51.26 STEVEN PRIEM 10/02/2019 10/03/2019 FORCE AMERICA DISTRIBUTIN $35.29 STEVEN PRIEM 10/02/2019 10/03/2019 COMOLUBE AND SUPPLIES INC $63.53 STEVEN PRIEM 10/02/2019 10/03/2019 0391-AUTOPLUS $182.42 STEVEN PRIEM 10/02/2019 10/07/2019 ALTEC INDUSTRIES, INC $122.96 STEVEN PRIEM 10/04/2019 10/07/2019 TOWMASTER $80.00 STEVEN PRIEM 10/07/2019 10/08/2019 TRI-STATE BOBCAT $65.96 STEVEN PRIEM 10/08/2019 10/09/2019 WALSER POLAR CHEVROLET $120.26 STEVEN PRIEM 10/08/2019 10/09/2019 TRUCK UTILITIES INC ST PA $10.50 STEVEN PRIEM 10/08/2019 10/10/2019 NUSS TRUCK GROUP INC $93.90 STEVEN PRIEM 10/09/2019 10/10/2019 WALSER POLAR CHEVROLET $19.76 STEVEN PRIEM 10/04/2019 10/07/2019 MINNESOTA OCCUPATIONAL H $319.00 TERRIE RAMEAUX 10/02/2019 10/03/2019 AMZN MKTP US"OE8H25N83 $46.36 MICHAEL RENNER 10/02/2019 10/03/2019 AMZN MKTP US"S400A1VJ3 $17.17 AUDRA ROBBINS 10/09/2019 10/10/2019 CINTAS 60A SAP $56.38 AUDRA ROBBINS 10/09/2019 10/10/2019 EIG"CONSTANTCONTACT.COM $65.00 AUDRA ROBBINS 10/02/2019 10/03/2019 NW LASERS AND INSTRUMENT $17.25 ROBERT RUNNING 10/01/2019 10/03/2019 SPOK INC $16.26 SCOTT SCHULTZ 10/02/2019 10/03/2019 CINTAS 60A SAP $75.80 SCOTT SCHULTZ 10/02/2019 10/03/2019 CINTAS 60A SAP $39.96 SCOTT SCHULTZ 10/02/2019 10/03/2019 CINTAS 60A SAP $12.85 SCOTT SCHULTZ 10/02/2019 10/03/2019 CINTAS 60A SAP $12.63 SCOTT SCHULTZ 10/05/2019 10/07/2019 CINTAS 60A SAP $152.74 SCOTT SCHULTZ 10/05/2019 10/07/2019 CINTAS 60A SAP $120.54 SCOTT SCHULTZ 10/07/2019 10/09/2019 ON SITE SANITATION INC $2,568.00 SCOTT SCHULTZ 10/09/2019 10/10/2019 CINTAS 60A SAP $76.41 SCOTT SCHULTZ 10/09/2019 10/10/2019 CINTAS 60A SAP $12.63 SCOTT SCHULTZ 10/09/2019 10/10/2019 CINTAS 60A SAP $12.85 SCOTT SCHULTZ 10/09/2019 10/10/2019 CINTAS 60A SAP $25.56 SCOTT SCHULTZ 10/02/2019 10/03/2019 BCA TRAINING EDUCATION $25.00 STEPHANIE SHEA 10/09/2019 10/10/2019 MINNESOTA COUNTY ATTORNEY $110.00 STEPHANIE SHEA 10/09/2019 10/10/2019 ST PAUL AREA CHAMBER OF C $30.00 JOE SHEERAN 09/27/2019 09/30/2019 EMERGENCY AUTO TECH $180.00 MICHAEL SHORTREED 10/03/2019 10/07/2019 STORCHAK CLEANERS $37.74 MICHAEL SHORTREED 10/08/2019 10/09/2019 TARGET 00011858 $18.45 MICHAEL SHORTREED 10/04/2019 10/04/2019 DRI"GALLUP $31.99 ANDREA SINDT 09/30/2019 10/01/2019 STREICHER'S MO $47.98 JOSEPH STEINER 10/09/2019 10/10/2019 PAYPAL "JPNIXONCONS $235.00 JOSEPH STEINER 09/27/2019 09/30/2019 EB 2018 MIXED OCCUPAN $250.00 DAVID SWAN 09/27/2019 09/30/2019 EB 2018 MIXED OCCUPAN $250.00 DAVID SWAN 10/07/2019 10/08/2019 SP " FULLFOCUSPLANNER $44.98 JEFF THOMSON 09/30/2019 10/02/2019 BOUND TREE MEDICAL LLC $408.48 ERIC ZAPPA 10/01/2019 10/03/2019 BOUND TREE MEDICAL LLC $72.80 ERIC ZAPPA 10/08/2019 10/10/2019 BOUND TREE MEDICAL LLC $38.49 ERIC ZAPPA $48,864.58 Packet Page Number 30 of 334 G1, Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion CHECK # CHECK DATE EMPLOYEE NAME AMOUNT incl in Amount 10/18/19 ABRAMS, MARYLEE 537.68 10/18/19 JUENEMANN, KATHLEEN 473.60 10/18/19 KNUTSON, WILLIAM 473.60 10/18/19 NEBLETT, SYLVIA 473.60 10/18/19 SMITH, BRYAN 473.60 10/18/19 COLEMAN, MELINDA 6,636.01 10/18/19 KNUTSON, LOIS 3,216.44 10/18/19 SABLE, MICHAEL 3,692.16 10/18/19 CHRISTENSON, SCOTT 2,434.35 10/18/19 DOUGLASS, TOM 2,269.36 10/18/19 JAHN, DAVID 2,443.62 10/18/19 HERZOG, LINDSAY 2,243.50 10/18/19 RAMEAUX, THERESE 3,657.78 10/18/19 ANDERSON, CAROLE 1,388.95 10/18/19 DEBILZAN, JUDY 2,516.89 10/18/19 OSWALD, BRENDA 2,639.23 10/18/19 PAULSETH, ELLEN 5,439.31 10/18/19 RUEB, JOSEPH 4,312.79 10/18/19 ARNOLD, AJLA 910.67 10/18/19 BEGGS, REGAN 2,248.99 10/18/19 COLE, DEBORAH 3,445.03 10/18/19 DAHL, LOLA 896.00 10/18/19 EVANS, CHRISTINE 935.13 10/18/19 LARSON, MICHELLE 2,251.29 10/18/19 SINDT, ANDREA 3,647.03 10/18/19 HANSON, MELISSA 1,984.51 10/18/19 HOCKBEIN, JUDY 1,078.88 10/18/19 KRAMER, PATRICIA 1,240.40 10/18/19 MOY, PAMELA 2,137.94 10/18/19 OSTER, ANDREA 2,258.23 10/18/19 RICHTER, CHARLENE 1,788.11 10/18/19 VITT, JULIANNE 1,230.19 10/18/19 WEAVER, KRISTINE 3,398.18 10/18/19 WINKELMAN, JULIA 1,005.00 10/18/19 ABEL, CLINT 2,194.49 10/18/19 ALDRIDGE, MARK 3,845.04 10/18/19 BAKKE, LONN 3,771.01 10/18/19 BELDE, STANLEY 4,630.09 10/18/19 BENJAMIN, MARKESE 3,484.91 10/18/19 BERG, TERESA 331.02 10/18/19 BERGERON, ASHLEY 3,041.53 10/18/19 BIERDEMAN, BRIAN 4,646.27 10/18/19 BURT-MCGREGOR, EMILY 2,667.83 10/18/19 BUSACK, DANIEL 4,646.27 10/18/19 COLEMAN, ALEXANDRA 2,903.32 10/18/19 CONDON, MITCHELL 2,903.32 10/18/19 CROTTY, KERRY 4,700.04 10/18/19 DEMULLING, JOSEPH 4,041.50 10/18/19 DUGAS, MICHAEL 4,449.34 10/18/19 FISHER, CASSANDRA 2,503.39 10.00 107.30 Packet Page Number 31 of 334 10/18/19 FORSYTHE, MARCUS 265.39 10/18/19 FRITZE, DEREK 4,167.62 10/18/19 GABRIEL, ANTHONY 4,224.85 10/18/19 HAWKINSON JR, TIMOTHY 3,484.91 10/18/19 HENDRICKS, JENNIFER 1,905.60 10/18/19 HER, PHENG 4,402.36 10/18/19 HIEBERT, STEVEN 3,751.62 10/18/19 HOEMKE, MICHAEL 3,395.54 10/18/19 JOHNSON, KEVIN 4,691.91 10/18/19 KHARFL, RAM 304.50 10/18/19 KONG, TOMMY 3,860.08 10/18/19 KORAN, MARIE 2,037.77 10/18/19 KROLL, BRETT 3,712.47 10/18/19 KUCHENMEISTER, JASON 1,749.60 10/18/19 KVAM, DAVID 5,020.78 10/18/19 LANGNER, TODD 4,451.94 10/18/19 LENERTZ, NICHOLAS 3,031.94 10/18/19 LYNCH, KATHERINE 3,529.11 10/18/19 MARINO, JASON 4,021.34 10/18/19 MCCARTY, GLEN 3,743.18 10/18/19 MCKENZIE, JONATHAN 348.00 10/18/19 MICHELETTI, BRIAN 3,345.54 10/18/19 MUMIN, ABDIRIZAQ 373.38 10/18/19 MURRAY, RACHEL 3,465.18 10/18/19 NADEAU, SCOTT 5,818.59 10/18/19 NYE, MICHAEL 4,488.70 10/18/19 OLSON, JULIE 4,003.01 10/18/19 PARKER, JAMES 3,680.50 10/18/19 PEREZ, GUSTAVO 2,512.83 10/18/19 PETERS, DANIEL 2,593.95 10/18/19 SALCHOW, CONNOR 2,308.01 10/18/19 SEPULVEDA III, BERNARDO 261.00 10/18/19 SHEA, STEPHANIE 2,196.89 10/18/19 SHORTREED, MICHAEL 5,008.75 10/18/19 SPARKS, NICOLLE 2,599.87 10/18/19 STARKEY, ROBERT 3,288.10 10/18/19 STEINER, JOSEPH 6,786.06 10/18/19 STOCK, AUBREY 2,246.24 10/18/19 SWETALA, NOAH 2,276.63 10/18/19 TAUZELL, BRIAN 4,563.53 10/18/19 THAO, JAY 232.00 10/18/19 THIENES, PAUL 4,666.04 10/18/19 WENZEL, JAY 3,580.62 10/18/19 WIETHORN, AMANDA 2,453.80 10/18/19 XIONG, KAO 3,679.72 10/18/19 XIONG, TUOYER 2,318.29 10/18/19 ZAPPA, ANDREW 4,166.73 10/18/19 BARRETTE, CHARLES 4,039.53 10/18/19 BAUMAN, ANDREW 3,320.16 10/18/19 BEITLER, NATHAN 3,028.41 10/18/19 CAPISTRANT, JOHN 243.75 10/18/19 CONWAY, SHAWN 4,134.96 10/18/19 CRAWFORD JR, RAYMOND 3,832.05 10/18/19 CRUMMY, CHARLES 2,958.09 10/18/19 DABRUZZI, THOMAS 3,481.00 10/18/19 DANLEY, NICHOLAS 3,577.99 10/18/19 DAVISON, BRADLEY 2,988.09 10/18/19 DAWSON, RICHARD 3,630.11 10/18/19 HAGEN, MICHAEL 2,694.39 10/18/19 HALWEG, JODI 4,895.20 10/18/19 HAWTHORNE, ROCHELLE 3,959.49 Packet Page Number 32 of 334 G1, Attachments 10/18/19 KUBAT, ERIC 3,652.18 10/18/19 LANDER, CHARLES 3,338.81 10/18/19 LO, CHING 1,364.75 10/18/19 LUKIN, STEVEN 5,503.01 10/18/19 MALESKI, MICHAEL 2,799.68 10/18/19 MARTIN, MICHAEL 2,589.24 10/18/19 MCGEE, BRADLEY 2,970.33 10/18/19 MERKATORIS, BRETT 3,720.75 10/18/19 MONDOR, MICHAEL 5,316.38 10/18/19 NEILY, STEVEN 2,906.44 10/18/19 NIELSEN, KENNETH 3,942.57 10/18/19 NOVAK, JEROME 3,621.04 10/18/19 POWERS, KENNETH 4,022.13 10/18/19 RADINZEL, AUSTIN 2,652.46 10/18/19 SEDLACEK, JEFFREY 3,389.39 10/18/19 STREFF, MICHAEL 3,421.45 10/18/19 WARDELL, JORDAN 3,478.74 10/18/19 ZAPPA, ERIC 3,132.21 10/18/19 CORTESI, LUANNE 2,251.29 10/18/19 JANASZAK, MEGHAN 2,796.01 10/18/19 BRINK, TROY 2,831.90 10/18/19 BUCKLEY, BRENT 2,561.59 10/18/19 EDGE, DOUGLAS 2,838.60 10/18/19 JONES, DONALD 2,566.21 10/18/19 MEISSNER, BRENT 2,581.59 10/18/19 NAGEL, BRYAN 4,500.60 10/18/19 OSWALD, ERICK 2,578.52 10/18/19 RUNNING, ROBERT 2,819.59 10/18/19 TEVLIN, TODD 2,583.90 10/18/19 BURLINGAME, NATHAN 3,120.80 10/18/19 DUCHARME, JOHN 3,247.82 10/18/19 ENGSTROM, ANDREW 3,330.42 10/18/19 JAROSCH, JONATHAN 4,229.12 10/18/19 LINDBLOM, RANDAL 3,247.82 10/18/19 LOVE, STEVEN 5,274.84 10/18/19 STRONG, TYLER 2,801.60 10/18/19 ZIEMAN, SCOTT 144.00 10/18/19 NATZKE, BENJAMIN 60.00 10/18/19 HAMRE, MILES 2,417.44 10/18/19 HAYS, TAMARA 2,225.51 10/18/19 HINNENKAMP, GARY 2,836.10 10/18/19 NAUGHTON, JOHN 2,581.18 10/18/19 ORE, JORDAN 2,461.69 10/18/19 SAKRY, JASON 2,216.89 10/18/19 BIESANZ, OAKLEY 1,920.80 10/18/19 GERNES, CAROLE 1,635.64 10/18/19 HUTCHINSON, ANN 3,169.60 10/18/19 TROENDLE, CATHY JO 608.00 10/18/19 WACHAL, KAREN 1,125.65 10/18/19 DANNER, BRENDA 296.00 10/18/19 DUNLAP, EMILY 2,260.19 10/18/19 JOHNSON, ELIZABETH 2,209.79 10/18/19 KROLL, LISA 2,253.60 10/18/19 PETERSON, DAVID 3,743.43 10/18/19 THOMSON, JEFFREY 4,574.63 10/18/19 ADADE, JANE 2,198.77 10/18/19 FINWALL, SHANN 2,727.34 10/18/19 MARTIN, MIKE 4,273.68 10/18/19 SWAN, DAVID 3,305.10 10/18/19 WEIDNER, JAMES 2,832.19 10/18/19 WESTLUND, RONALD 1,440.00 G1, Attachments 37.08 255.56 174.00 Packet Page Number 33 of 334 99103941 99103942 99103943 99103944 Packet Page Number 34 of 334 10/18/19 WELLENS, MOLLY 2,155.30 10/18/19 REININGER, RUSSELL 2,429.02 10/18/19 ABRAHAM, JOSHUA 2,533.79 10/18/19 BJORK, BRANDON 174.00 10/18/19 BRENEMAN, NEIL 3,177.62 10/18/19 CAMPBELL, KEVIN 108.00 10/18/19 ERICKSON, MOLLY 48.00 10/18/19 GILLIAM, CASSIDY 48.00 10/18/19 GUSTAFSON, KENDRA 60.00 10/18/19 ISERMAN, HANNA 60.00 10/18/19 JORGENSON, TARA 154.00 10/18/19 KORF, CAIN 66.00 10/18/19 KREUSER, MADISON 135.00 10/18/19 KUCHENMEISTER, GINA 2,154.40 10/18/19 KUCHENMEISTER, JUSTIN 96.00 10/18/19 LO, SATHAE 54.00 10/18/19 MARTIN, ISABELLE 45.00 10/18/19 MOORE, PATRICK 348.00 10/18/19 PEROZA-ALDANA, VALENTINA 48.00 10/18/19 PIEPER, THEODORE 60.00 10/18/19 ROBBINS, AUDRA 4,483.77 10/18/19 ROBBINS, CAMDEN 237.50 10/18/19 VUKICH, CANDACE 60.50 10/18/19 WESTEMEIER, MOLLY 160.00 10/18/19 WHITE, LINDA 36.00 10/18/19 BERGO, CHAD 3,677.90 10/18/19 SCHMITZ, KEVIN 2,273.29 10/18/19 SHEERAN JR, JOSEPH 3,839.49 10/18/19 ADAMS, DAVID 2,667.42 10/18/19 HAAG, MARK 2,821.91 10/18/19 JENSEN, JOSEPH 2,392.89 10/18/19 SCHULTZ, SCOTT 4,468.90 10/18/19 WILBER, JEFFREY 2,496.07 10/18/19 COUNTRYMAN, BRENDA 1,698.50 10/18/19 SMITH, CATHERINE 1,349.00 10/18/19 PRIEM, STEVEN 2,881.41 10/18/19 WOEHRLE, MATTHEW 2,650.71 10/18/19 XIONG, BOON 2,381.69 10/18/19 FOWLDS, MYCHAL 4,563.89 10/18/19 FRANZEN, NICHOLAS 4,148.61 10/18/19 GERONSIN, ALEXANDER 2,621.14 10/18/19 RENNER, MICHAEL 2,939.12 10/18/19 AGEN, VIOLET 105.00 10/18/19 BENPARD, ADISON 45.00 10/18/19 HEBERT, HANNAH 60.00 10/18/19 KING, TABITHA 45.00 568,894.95 G1, Attachments 40.00 G2 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman REPORT FROM: Ellen Paulseth, Finance Director PRESENTER: Ellen Paulseth, Finance Director AGENDA ITEM: Close Funds Action Requested: V Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Various City funds are periodically closed due to the funds no longer being needed or changes in regulatory guidance. The closing of funds often requires the transfer of funds, which requires approval of the City Council. Recommended Action: Motion to approve the transfers dated 9/30/2019 to close obsolete funds and authorize the Finance Director to make the necessary accounting entries. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is N/A Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: N/A Strategic Plan Relevance: Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. The transfers are a component of the City's annual budget, or are for the restructuring of accounts to gain efficiencies in operations. They provide for operational effectiveness and financial sustainability. Background The fund closures are described as follows: 1. Closure of the Trash Cart Fund The Trash Cart Fund was established in 2014 to facilitate the purchase of city -owned trash carts. The City issued the $450,000 Equipment Certificates, Series 2012A, to fund the purchase of the carts. The City has been charging a monthly trash cart fee to provide the funding to service the debt. The debt was paid off in 2019; however, the trash cart fund has a Packet Page Number 35 of 334 G2 deficit of over $130K, due to providing trash carts for new customers and having to replace many of the trash carts before the debt was paid. Now that the debt is satisfied, the City will gain efficiencies by combining the trash and recycling funds into one Sanitation Fund. The Recycling Fund currently has an unrestricted cash balance of over $300K. The Finance and Community Development staff have analyzed both funds and determined that the surplus in the Recycling Fund can be utilized to relieve the Trash Cart Fund deficit and to mitigate necessary increases in the recycling fee. This fund combination will allow for a more flexible and effective management of the City's trash and recycling programs. 2. Reclassify Agency Funds The Governmental Accounting Standards Board (GASB) has issued statement No. 84, which changes the definition of an Agency Fund. The City will close or reclassify its agency funds to meet the new requirements. The City's agencies funds include Confiscated Funds, Police Explorer's Fund, and Developer's Funds. Attachments 1. List of transfers dated September 30, 2019 Packet Page Number 36 of 334 G2, Attachment 1 Transfers Dated 9/30/2019 Transfer From: Transfer To: Effective: Amount: Recycling Fund 605 Trash Cart Fund 404 9/30/2019 131,958.79 Confiscated Funds 803 Police Services Fund 208 9/30/2019 134,813.07 Police Explorer's Fund 804 Public Safety Equipment Fund 406 9/30/2019 616.15 Developer Funds 800 CIP Fund 401 9/30/2019 226,211.52 TOTAL TRANSFERS 493,599.53 Packet Page Number 37 of 334 G3 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: 2020 SCORE Funding Grant Application Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Ramsey County offers Select Committee on Recycling and the Environment (SCORE) grants to cities to enhance or improve their recycling efforts. SCORE grant funding is awarded on a per capita basis and is intended to help fund the City's recycling program. Maplewood has historically used SCORE funding to help offset the cost of collecting residential recyclables through the City's recycling contract. SCORE funds can also be used for administration, promotion activities, equipment, and/or organics collection. Recommended Action: Motion to approve the 2020 SCORE Funding Grant Application. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $94,879 SCORE grant funding with the option of an additional $18,072 if the City achieves the incentives. Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: The 2020 recycling program budget will be subsidized by the Ramsey County SCORE grant for approximately $94,879 to help fund the collection of recyclables in the City. Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. The 2020 SCORE Funding Grant Application identifies the use of the City's SCORE funds for the collection of recyclables by Tennis Sanitation. Packet Page Number 38 of 334 G3 Background In 1989, the Minnesota Legislature adopted comprehensive waste reduction and recycling legislation based on the recommendations of the Governor's SCORE working group. This set of laws is part of Minnesota's Waste Management Act. The SCORE legislation has provided counties with a funding source to develop effective solid waste management programs. Discussion Attached find a draft of the 2020 SCORE Funding Grant application. Submittal of the final application and supporting documents is due by October 31, 2019. The City of Maplewood has the opportunity to apply for a grant that is currently estimated to be $94,879. In addition to base funding, municipalities are eligible to receive up to two optional incentive payments for new or enhanced programs in the following areas: 1) bulky waste collection at no cost or a discounted price that prioritizes recycling and/or reuse, 2) engaging small businesses in curbside recycling services, 3) promoting BizRecycling to businesses and institutions, and 4) organics drop off site. Maplewood's incentive funding is estimated to be an additional $18,072. Once the grant application is submitted, the City will work with Ramsey County to design recycling and/or organics incentives that will be feasible to achieve in 2020. In 2019, the City's SCORE grant was $96,000 with an incentive of $14,400. To achieve the incentive in 2019, Maplewood added an organics drop off site and increased the number of businesses and institutions that participate in the City's curbside residential recycling program from 23 at the end of 2018 to 33 as of October 2019. Attachments 1. Draft 2020 SCORE Funding Grant Application Packet Page Number 39 of 334 G3, Attachment 1 SCORE GRANT APPLICATION SURVEY ANNUAL 1 2020 City of Maplewood f-------------------------------------------------------------------------------------------------------------------------------------- Please refer to the 2020 SCORE Application Instructions for more information on completing this application. ........................................................................................................... All items must be submitted for the application to be complete. Step 1 Municipality: City of Maplewood Contact Person: Shann Finwall Address: 1902 County Road B East Phone #: 651-249-2304 Email: shann.finwall@maplewoodmn.gov Population: Source of 40,710 population data: Metropolitan Council 2018 Population Estimate SCORE grant base funding amount ($): 94,879.00 Incentive funding amount ($): 18,072.00 Total grant funding possible($): 112,951.00 Total grant requested($): 112,951.00 Is this estimated or finalized amount? C Estimated Amount r Finalized Amount The following expenses are eligible for SCORE reimbursement. Check the box(es) next to the budget categories this SCORE funding will be Packet Page Number 40 of 334 spent: FAdministration F Promotion Activities F Equipment V Collection of Recyclables F Organics Collection G3, Attachment 1 Step 2 Review your 2020 Recycling Performance Work Plan. The work plan below outlines the minimum requirements for your recycling program. Please review each requirement carefully. 2020 Recycling Performance Work Plan - Minimum Requirements 1. Complete a[[ 2020 SCORE requirements, including reporting on time and submitting a mid -year status report. 2. Provide outreach to all residents about the municipality's recycling program and submit copies of materials to Ramsey County. 3. Use Ramsey County materials and information when and where appropriate to promote increased recycling, reuse and repair (e.g., Fix -it Clinics), medicine collection, household hazardous waste, organic waste and yard waste participation. a. Send materials to Ramsey County for review prior to distribution. b. Include county contact information on materials: i. 24/7 Recycling & Disposal Hotline: 651 -633 -EASY (3279) ii. RamseyRecycles.com c. Provide links to the Ramsey County web pages on municipality website. 4. Use hauler data to identify those not recycling and target educational materials 5. Ensure all multi -unit properties are meeting State law requirements to recycle and are receiving free Ramsey County resources. Verify through county database property information. 6. Increase opportunities for recycling in public spaces. a. All recycling bins must be paired with a trash bin and in good condition. b. Labels must be readable. c. Promote Ramsey County's event container lending program and green event planning tips. ........................................................................................................................................................................................................ 7. Implement a "Green" purchasing procurement policy for city functions and facilities to use reusable, recyclable or compostable packaging. 8. Ensure the collection of textiles is available to all residents through special collection or drop-off opportunities. 9. Enforce recycling contracts, including the assessment of penalties for non-compliance. a. Audit reporting by obtaining hauler weight tickets. b. Have labels replaced if not readable. 10. Attend County Recycling Coordinator meetings and attend a yearly composition study. I have reviewed and understand the minimum requirements. PF Do you have additional strategies to add to the work plan? r Yes r No List additional strategies here. Multi -Tenant Building Recycling Improvements: Under the new recycling contract with Tennis Sanitation, multi -family units with at least 21 units will be able to utilize recycling dumpsters for their recycling program. This will create more efficiency and improve recycling at the large apartment complexes. Business and Church Recycling Improvements: Businesses and churches are currently allowed to opt into the City's residential recycling program if their recycling can be accommodated by two or more 95 gallon carts that are picked up once a week. Under the new recycling contract with Tennis Sanitation that program will be expanded to allow recycling dumpsters for businesses and churches. This will allow the City to expand the number of businesses and churches that opt into the City's recycling program. Packet Page Number 41 of 334 G3, Attachment 1 Step 3 In addition to base funding, the municipality is eligible to receive up to two optional incentive payments. To receive one incentive payment, the municipality must implement one incentive option below. To receive two incentive payments, the municipality must implement two incentive options below. You are eligible to receive up to two payments. Each payment is worth ($): Would you like to apply for incentive funding? C•` Yes C No Identify up to 2 Incentive Options. The option(s) identified will become part of the Recycling Performance Work Plan: F Bulky Waste Collection. Establish an efficient and effective program to provide collection of bulky waste items from single family hom es at no cost or a discounted price and that also prioritizes recycling and/or reuse. V Engage Small Businesses. Include small businesses in curbside recycling services and actively engage those businesses to participate in the service. F Promote BizRecycling. Actively work with and promote BizRecyclingto businesses and institutions in collaboration with Ramsey/Was hington Recycling & Energy for organics recycling and food waste reduction programs. F Organics drop-off site. Co-sponsor an organics drop-off site with the county (for suburban cities only). VAdditional qualifying activity. Must be approved beforehand by Ramsey County. Please briefly describe how you will implement your chosen incentive(s). Multi -Tenant Building Recycling Improvements: Under the new recycling contract with Tennis Sanitation, multi -family units with at least 21 units will be able to utilize recycling dumpsters for their recycling program. This will create more efficiency and improve recycling at the large apartment complexes. Business and Church Recycling Improvements: Businesses and churches are currently allowed to opt into the City's residential recycling program if their recycling can be accommodated by two or more 95 gallon carts that are picked up once a week. Under the new recycling contract with Tennis Sanitation that program will be expanded to allow recycling dumpsters for businesses and churches. This will allow the City to expand the number of businesses and churches that opt into the City's recycling program. Step 4 Municipal recycling budget. After saving this application you will be asked to attach a copy of your 2020 municipal budget for ALL recycling activities, including ALL funding sources. If a 2020 budget has not been adopted yet, attach the most recent draft. Ifthe budget doesn't list ALL expenditures and revenues specific to recycling, add a supplemental table to identify this information. A final copy of the adopted 2020 budget must be submitted by January 15, 2020. Other Attachments 1. A resolution from your governing body requesting 2020 SCORE funding OR a certified copy of the official proceedings at which the request was approved. 2. Verification of Compliance with Minnesota Statute 115A.471 and 115A.46. Please download the Waste Verification document here. You will be prompted to upload a completed Waste Verification document after ............... saving this application. Packet Page Number 42 of 334 G3, Attachment 1 Step 5 I certify that this documentwas prepared under my direction or supervision and that the information is true, accurate and complete to the best of my knowledge.' P, Name:' Shann Finwall Title: Environmental Planner File Attachments Clickthe'Upload File' button to attach supporting documents as required. Maximum file size is 5 MB. 1. Municipal recycling budget:' 2. Resolution from your governing body requesting SCORE funding: 3. Certified copy of the official proceedings at which the requestwas approved: 4. Verification of Compliance with Minnesota Statute 115A.471 and 115A.46: " Response created on: Oct 1, 2019 at 04:18 PM CDT by Filsan.lbrahim@CO.RAMSEY.MN.US Response last updated on: Oct 22,2019 at 10:01 AM CDT by shann.finwall@maplewoodmn.gov Packet Page Number 43 of 334 G4 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Jane Adade, Planner PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: Conditional Use Permit Amendment Resolution, Automotive Technology School, 2525 White Bear Avenue North Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Bernard Mardorski is requesting an amendment to the conditional use permit (CUP) to operate an automotive technology school in suite 108 within the Maplewood Place Retail Center located at 2525 White Bear Avenue North. Recommended Action: Motion to approve the attached conditional use permit amendment resolution for an automotive technology school to be located at 2525 White Bear Avenue North. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0. Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: n/a Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. The city deemed the applicant's application complete on September 16, 2019. The initial 60 -day review deadline for a decision is November 15, 2019. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary to complete the review. Background Proposed Use The applicant is proposing to convert the internal space of suite 108 within the Maplewood Place Retail Center into an automotive technology school. The school will be used to teach automotive technology to vehicle owners, do-it-yourself mechanics and professional mechanics and technicians, and is proposed to operate from 8 a.m. to 10 p.m. Mondays through Thursdays, 8 a.m. to 5 p.m. on Packet Page Number 44 of 334 G4 Fridays and Saturdays, and from noon to 5 p.m. on Sundays. Suite 108 is 2,097 square feet in size and the applicant anticipates a maximum classroom size of 12 people at a time. There are no proposed changes to the exterior of the building. Zoning The site is currently zoned as business commercial (BC) and designated as commercial (C) in the 2040 Comprehensive Plan. According to the zoning ordinance, any institution of an educational nature is a conditional use in any zoning district in which it is not specifically prohibited. Parking The site has a total of 87 parking spaces, with four active businesses and three vacant spaces in the retail center. The new automotive school will occupy one of the three vacant suites in the west section of the building. The city's parking requirement for schools is based on the number of seats in an auditorium. Since the proposed automotive school does not have an auditorium, the proposed use is most similar to an auto repair shop. The zoning ordinance requires eight parking spaces for an auto repair shop without an educational compontent. The applicant will have use of 10 parking spaces — exceeding requirements for both educational and auto repair uses. In addition, the applicant plans to hold most classes in the evenings which would allow additional parking spaces from closed businesses in the retail center. Conditional Use Permit Standards City code requires that the City finds that all nine standards outlined in the conditional use permit ordinance are met prior to approval. The standards are outlined in the reference information attached. Staff finds that the proposed conditional use permit for an automotive school meets the conditional use permit standards. Department Comments Building Official, Dave Peterson A building permit will be required with an architectural code analysis submitted to review the 2012 IBC, 2012 IMC, 2012 IFGC, 2015 Minnesota State Fire Code, MN 2015 Accessibility code, MN1306, and 2015 Minnesota Building Codes. Commission Review Planning Commission October 15, 2019, The planning commission held a public hearing and recommended approval of this project. There were no speakers during the public hearing. Citizen Comments Staff surveyed the 25 surrounding property owners within 500 feet of the site for their opinion about this proposal. Staff received four responses: 1. I absolutely approve of the automotive technology school being proposed within the Maplewood Auto Mall (Jacqueline Kay Heir, 1784 Edgehill Road East). 2. 1 have no comment or objection (Bachmans Inc., 2600 White Bear Avenue North). 3. Parking on this site is a huge problem and our parking space gets taken by visitors to the Maplewood Retail Center. Adding a school that would have a maximum capacity of 12 will Packet Page Number 45 of 334 G4 further add to the current parking problems. This is a great project but parking will cause chaos for the site and 2529 White Bear Avenue (Sean Cooper, 2529 White Bear Avenue North). 4. 1 see Sunday classes as unnecessary and should not be included. Mondays through Saturdays are adequate (Carol Guzzo, 1876 County Road C E). Reference Information Site Description Site Size: 3.00 acres Existing Land Use: Retail Center and Automotive Service Station Surrounding Land Uses North: Vacant Lot/Manage B Wetland South: Shopping Center, 2501 White Bear Avenue East: White Bear Avenue/Goodwill Maplewood Northeast: Maplewood Auto Mall, 2525 White Bear Avenue West: Vacant Lot/Manage B Wetland Planning Existing Land Use: Commercial (C) Existing Zoning: Business Commercial (BC) Standards for a Conditional Use Permit Section 44-1097 of the conditional use permit ordinance states that a conditional use permit may be approved, or amended by satisfying all of the following standards for approval: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. Packet Page Number 46 of 334 G4 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Property History On March 22, 1988, the city council approved plans for the Maplewood Auto Center. This facility was developed as an automotive center for auto parts, sales and vehicle repairs. On November 22, 1999, the city council approved a CUP for Credit Equity Sales to open a motor vehicle sales business for this location. In the year 2000, this permit was taken over by Midwest Auto. On August 27, 2001, the city council approved a CUP for Alamo Car Rental to lease motor vehicles On April 22, 2003, the community design review board approved a comprehensive sign plan amendment and design review change for this site. On August 12, 2013, the city council approved a conditional use permit amendment and design review to convert the former gas station building on site to a used auto sales business. The council also combined the three active conditional use permits into a single permit. On October 14, 2014, city staff approved a lot split creating 2525 White Bear Avenue and 2529 White Bear Avenue. The previously approved conditional use permit still applies to both properties and there is a shared parking agreement On December 21, 2015, the city council approved a conditional use permit amendment for auto repair and detailing, auto rental, used auto sales and auto washing and design plans for building addition and expansion of the nonconforming parking lot at 2529 White Bear Avenue. Attachments 1. Conditional Use Permit Amendment Resolution 2. Overview Map 3. Zoning Map 4. Land Use Map 5. Wetland Map 6. Applicant's Narrative 7. Site Plan 8. Parking Plan dated September 22, 2019 9. Draft Planning Commission Minutes, dated October 15, 2019 Packet Page Number 47 of 334 G4, Attachment 1 CONDITIONAL USE PERMIT AMENDMENT RESOLUTION WHEREAS, Bernard Mordorski, has applied for a conditional use permit amendment for an automotive technology school at the Maplewood Place Retail Center. WHEREAS, conditional use permits are required for any institution of an educational nature within the City of Maplewood according to section 44-1092. WHEREAS, this permit applies to the site at 2525 White Bear Avenue North. The legal description is: Lot I, Block 1, Maple Ridge Mall, according to the recorded plat thereof, Ramsey County, Minnesota, together with that part of Lot 2, said Block I, lying north of the westerly extension of the south line of said Lot 1. (PIN 11-29-22-22-0042) WHEREAS, the history of this conditional use permit is as follows: 1. On October 15, 2019, the planning commission held a public hearing and recommended that the city council approve this permit. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning also considered reports and recommendations of the city staff. 2. On October 28, 2019, the city council discussed this proposal. The council considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council the above-described conditional use permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. Packet Page Number 48 of 334 G4, Attachment 1 9. The use would cause no more than minimal adverse environmental effects. Approval is subject to the following conditions: Q, 2015TaRrd tht-9 t_QRVnirnrnmeRtaI nlaRRer rpnrnnr4rd;- TNIG-1.-9me-�1 f2015.TThea drire- of �r �nnrnio minor nha RgeS 1. The property owner shall comply with the signage requirements of the city code and the auto center's sign criteria. 2. Fire protection systems (fire extinguishers and a sprinkler system) shall meet all requirements of the code. These systems shall be approved and installed before the applicant begins his business. 3. All vehicles on-site shall be operational. 4. Ensure that there is no illegal parking on the site including no parking on the grass and no stacking of vehicles (i.e., two vehicles to one stall). 5. Ensure that the entire site is cleared of trash including all illegally dumped material located within the drainage ditch behind the auto mall. 6. Ensure that trash dumpsters are placed inside enclosures at all times. 7. Ensure that the site is in compliance with the city's temporary sign ordinance including obtaining a sign permit for all temporary signs over 12 square feet and only allowing one temporary sign per business located within the center. 8. Ensure that all landscaped areas are maintained including removing all weeds from the landscaped area around the base of the center's pylon sign. 9. There shall be no parting -out of vehicles outside the building and left in the parking lot. 10. Auto salvage businesses are prohibited from operating at this site. 11. The parking lot shall be kept clear of junk and dirt. 12. All service work that is needed on vehicles shall be completed inside a proper service garage. All garage doors shall be closed anytime vehicle repair work is in progress. 13. There shall be an after-hours contact person on record with the city's emergency dispatcher. 14. If the building occupancy changes, the property owner shall comply with all applicable code requirements relative to the new building use. A building permit may then be required. 15. Verify that the parking on-site does not obstruct fire department access for their trucks. Packet Page Number 49 of 334 G4, Attachment 1 16. ZS evember 17, 2015, as s6ibmittedbythePFGPeFty GWReF temstaff. The applicant must submit to staff an updated parking plan for the site. A parking plan needs to be filed with city staff at all times indicating the property is meeting the minimum parking requirements and how the spaces are allocated to each tenant. A new parking plan shall be filed any time a suite changes use or the building is physically altered in any way. A new plan shall be filed with the city reflecting the expansion of the existing parking lot. 17. Parking in the center of the canopy, adjacent to the 2529 building, shall be for inventory only. A no customer parking sign shall be posted 18. The property owner shall provide city staff a plan for trash removal or design plans for a new enclosed structure for the 2529 building, subject to the city's design review process. 19. The property owner or manager is responsible for compliance of all conditions listed in this permit. If any tenant is found out of compliance the city will notify the property owner or manager in order to rectify the situation. 20. The expanded nonconforming parking lot shall maintain its existing setback. 21. The applicant shall comply with all requirements of the building official. 22. The city council shall review this permit in one year. The Maplewood City Council this resolution on October 28, 2019. Packet Page Number 50 of 334 Maplewood Auto Mail -2626 White Bear Avenue City of Maplewood Maplewood G4, Attachment 2 September 16, 2019 Information 4 Overview Map s r ar •,.. y;� r v, : "T"Ic W�2 i A" pr i Legend - Subject Parcel 0 240 Feet Source: City or map ewood. Ramsey County Packet Page Number 51 of 334 Maplewood Auto Mail -2626 White Bear Avenue City of Maplewood Maplewood G4, Attachment 3 September 16, 2019 Legend ' Zoning Single Dwelling (r1) Planned Unit Development (pud) Farm (f) Limited Business Commercial (Ibc) Business Commercial (bc) Subject Parcel 240 Feet wood, Ramsey County Packet Page Number 52 of 334 ` 2626 White BearAvenue � / R V--"'A yCity of Maplewood Maplewood G4, Attachment 4 September 16, 2019 y Packet Page Number 53 of 334 Maplewood Auto Mail -2626 White Bear Avenue City of Maplewood Maplewood G4, Attachment 5 September 16, 2019 4Mi a , i a A �•` ., '+tee 0 Legend Wetlands Manage B e Manage C k Subject Parcel 0 240 Feet wood, Ramsey County Packet Page Number 54 of 334 G4, Attachment 6 Intended use of property The property will be used for a school to teach automotive technology to vehicle owners, do it yourself mechanics and professional mechanics and technicians. Why should you approve this request? This school will be a benefit to the people that own, operate repair and service vehicles and the community of Maplewood. Project Plans There are no plans to change the existing structure of the building. Packet Page Number 55 of 334 G4, Attachment 7 Packet Page Number 56 of 334 ��Z N N O (U 0- G4, Attachment 8 p L J i 6ui 6d IIeW o;ny ���/�n^��'0 n CW LO U) N W a CD aaeO ojny s3peds N U � CO c0 m s O L T a� N N oa E E ya CU C: a a �2ca O TTr',Ca E cu CL I — O o / /' o Q O N _ C: L 00) / N CU 4-0 0 0 o 06NCU 7('n - z U 8 AJUO BUINJBd IIeW o}ny ca E r -6, CD 0- 0 n N U a N N t U LO 4aao Ole� L4C) TMiMMe O O 0 CC \ G Lj- V Moos 4's MaNl 4o;gobys, L � Z c Y N i C C: O O CO p � -C Z C � � 4-0 a Q CD as O N'N 4-0 O � R 0 IL � � CO a Pact age Number 57 of 334 G4, Attachment 9 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, OCTOBER 15, 2019 7:00 P.M. E. PUBLIC HEARING 1. 7:00 p.m. or later: Automotive Technology School, 2525 White Bear Avenue North a. Conditional Use Permit Amendment Resolution i. Planner, Jane Adade gave the report on the Automotive Technology School, 2525 White Bear Avenue North and answered questions of the board. ii. Applicant, Bernard Mardorski, 2525 White Bear Avenue North, addressed the commission. Chairperson Arbuckle opened the public hearing. Nobody came forward to address the commission. Chairperson Arbuckle closed the public hearing. a. Commissioner Kempe moved to approve the conditional use permit amendment resolution for an automotive technology school to be located at 2525 White Bear Avenue North. Seconded by Commissioner Yang. Ayes - All The motion passed. This will go to the city council on October 28, 2019. Packet Page Number 58 of 334 G5 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Lois Knutson, Administrative Services & Performance Measurement Coordinator Mike Sable, Assistant City Manager/ HR Director PRESENTER: Mike Sable, Assistant City Manager/ HR Director AGENDA ITEM: Strategic Plan Update for Third Quarter 2019 Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Attached is a progress update on the status of the City's Strategic Plan for the third quarter of 2019, using the Executive Report compiled through Envisio. Recommended Action: Motion to accept the Strategic Plan Update for Third Quarter of 2019. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is NA Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: NA Strategic Plan Relevance: •� Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness ✓ Community Inclusiveness ✓ Infrastructure & Asset Mgmt. The executive report on the Strategic Plan includes all six strategic priorities. Background Strategic planning is an organizational management activity that is used to set priorities, focus energy and resources, strengthen operations, ensure that employees and other stakeholders are working toward common goals, establish agreement around intended outcomes/results, and assess and adjust the organization's direction in response to a changing environment. The Mayor and City Council, along with the City Manager and Senior Management, embarked on a systematic process for moving toward a vision in a manner that involves the development and prioritization of strategic goals along with performance measures and measurable strategies and objectives. Packet Page Number 59 of 334 G5 Effective strategic planning articulates not only where an organization is going and the actions needed to make progress, but also how it will know if it is successful. Staff spent many hours in late 2018 making revisions to the entire plan for 2019. One of our goals is to have the plan use more measurable items to tell our story. Another goal is to have the plan include more cross -departmental initiatives. The revised Strategic Plan consists of six strategic priorities, a series of Key Outcomes and Performance Measures, which describe desired outcomes and performance success factors. The City is continuing to work with Envisio, a software company that implements a web -based solution, to align employees with the strategic plan and performance measures to accomplish organizational outcomes. Staff is meeting quarterly with all departments to evaluate and improve their plan elements. Attachments 1. Strategic Plan Update for Third Quarter of 2019 Packet Page Number 60 of 334 G5, Attachment 1 Maplewood Strategic Flan Update - Third Quarter 2019 Report Created On: Oct 22, 2019 Page 1 Packet Page Number 61 of 334 G5, Attachment 1 6 23 62 Strategic Priority Key Outcome Performance Measure Overall Summary Bio Status Pending 0.72 On Track 65.47 d Some Disruption 2.16 558% Status Upcoming 12.23 Progress Completed 19.42 0 00 Strategic planning is an organizational management activity that is used to set priorities, focus energy and resources, strengthen operations, ensure that employees and other stakeholders are working toward common goals, establish agreement around intended outcomes/results, and assess and adjust the organization's direction in response to a changing environment. The Mayor and City Council, along with the City Manager and Senior Management, embarked on a systematic process for moving toward a vision in a manner that involves the development and prioritization of strategic goals along with performance measures and measurable strategies and objectives. Effective strategic planning articulates not only where an organization is going and the actions needed to make progress, but also how it will know if it is successful. Staff spent many hours in late 2018 making revisions to the entire plan for 2019. One of our goals is to have the plan use more measurable items to tell our story. Another goal is to have the plan include more cross - departmental initiatives. The revised Strategic Plan consists of six strategic priorities, a series of Key Outcomes and Performance Measures, which describe desired outcomes and performance success factors. Staff is meeting quarterly with all departments to evaluate and improve their plan elements. Report Legend � No Update Overdue Priority Page 2 Packet Page Number 62 of 334 G5, Attachment 1 Strategic Priority 1 Community Inclusiveness: Strive to create a community that is engaged, tolerant, and compassionate % # about everyone. To further build a community that embraces and respects diversity and that uses FOn Track 50.0 15 different perspectives and experiences to build an inclusive and equitable city for all. Some Disruption 6.67 2 0 Upcoming 26.67 8 * Completed 16.67 5 Key Outcome: 5 Performance Measure: 9 Action Initiative : 30 Key Outcome 1.1 Maplewood is a welcoming community where residents are accepted and engaged. % # On Track 60.0 3 Performance Measure: 1 Action Initiative : 5 Some Disruption 20.0 1 Completed 20.0 1 Performance Measure 1.1.1r�" M 70% of residents view Maplewood as an open and accepting community. % # On Track 60.0 3 Action Initiative : 5 Some Disruption 20.0 1 # Completed 20.0 1 Updated on Oct 14, 2019 20:38:44 We continue to explore new ways to track attendees and diversity of participants Key Outcome 1.2 Employees are engaged in community outreach and are culturally aware % # On Track 12.5 1 Performance Measure: 2 Action Initiative : 8 Some Disruption 12.5 1 !� Upcoming 62.5 5 Completed 12.5 1 Performance Measure 1.2.1 . _;— 7= 80% of benefit earning employees will participate in City sponsored community events annually % # 6 On Track 1667 1 Action Initiative : 6 Some Disruption 16.67 1 0 Upcoming 50.0 3 0 Completed 16.67 1 Updated on Oct 17, 2019 19:56:04 The LEARN platform in NeoGov is being implemented to track employee participation. Coordination with all departments who use other existing software to track time spent on events (i.e. either in payroll or other tools) is being explored. Page 3 Packet Page Number 63 of 334 Performance Measure 1.2.1 > KPI Benefit earning employees participating in City sponsored community events annually Last Update: Oct 17, 2019 19:26:34 100 0 35 35 Q1 2019 36 I Q2 2019 4 Actual -W Sum Key Outcome 1.3 OEM'' The demographics of the organization reflect the community and its needs Performance Measure: 2 Action Initiative : 8 G5, Attachment 1 93 57 Q3 2019 On Track Completed 87.5 7 12.5 1 c 1 - — Performance Measure 1.3.1,`" R - Increase the percentage of employees of color among City staff by 2% per year % # On Track 83.33 5 Action Initiative : 6 Completed 16.67 1 Updated on Oct 17, 2019 20:01:00 With each new job posting, HR evaluates the job description and the hiring process. Internally, we are using NeoGOV analytics to track this data. Page 4 Packet Page Number 64 of 334 Performance Measure 1.3.1 > KPI Percentage of employees of color Last Update: Oct 14, 2019 20:26:34 15 10 10.7 10.98 1 1,.41 0 2016 2017 2018 2019 Actual G5, Attachment 1 Number of hires / number of persons of color hired Percent of New Hires - All Employees Last Update: Jul 15, 2019 17:04:52 Percent of New Hires - All Employees 90' 81% 80?' 70% 601 53% 5V'. 47% 30% 18% 19% 10% Illy^ urs, 0% 2017 2019 2019 Caucasian u Non-Cauaan Performance Measure 1.3.2 ... Increase the diversity of the makeup of the City's boards and commissions by 1 % per year (currently at 9.25%) On Track Action Initiative : 2 Updated on Oct 17, 2019 20:14:52 There have been no recent commissioner appointments. In September, five current commissioners all were reappointed. Key Outcome 1.4 City services and facilities are accessible to our diverse community Performance Measure: 1 Action Initiative : 3 Performance Measure 1.4.1 100.0 2 Upcoming 100.0 3 Each City department or division will evaluate two (2) existing departmental programs, facilities and/or % # essential operations, through the lens of equity, to ensure that delivery of public services are fair and ?P upcoming 100.0 3 equitable. Action Initiative : 3 Updated on Jul 15, 2019 17.54:40 Staff is currently developing the asset management program for City facilities. As part of this development we will be looking at how the system can be used to create and track this form. As the system is still in development we have show this to have some disruption. Page 5 Packet Page Number 65 of 334 G5, Attachment 1 Staff has been researching current pedestrian safety policy in use by other cities and recommended policies by other professional organizations such as the Local Road Research Board. This policy will be looking at establishing guidelines for what safety measures should be use at road crossings. Staff will be developing a policy that provides the same level of safety to all residents. Key Outcome 1.5 ���� �������������4r Parks & Recreation programs that embrace diversity, celebrate arts and culture, value health and % # wellness, and promote stewardship of the environment. On Track 6667 4 Completed 33.33 2 Performance Measure: 3 Action Initiative : 6 Performance Measure 1.5.1 Provide at least 175 environmental education programs annually. % # On Track 50.0 1 Action Initiative : 2 Completed 50.0 1 Updated on Oct 08, 2019 21:27:01 Nature Center staff have conducted 36 additional environmental education programs during the period from July 1 to September 30. We have conducted a total of 188 environmental education programs up to this point. Performance Measure 1.5.1 > KPI # of programs Last Update: Oct 09, 2019 14:44:45 200 v E 100 [e7 Q1 2019 Q2 2019 Actual t Sum a. Q3 2019 Target: 175 I Milestone Date: Dec 31, 2019 Comment Several groups of diverse college students participated in programs this fall. Mona rch/Monarcas and Summer Nature Hike - both with Spanish Language interpreter were conducted at the nature center. Packet Page Number 66 of 334 # of participants Last Update: Oct 09, 2019 14:50:55 10000 7,283 7500 °J 4,91S E 5000 c 2500 1.G35 r 1,G;5 0 Q1 2019 Q2 2019 Q3 2019 Actual t Sum Comment Several multi cultural organizations participated in programs at the nature center - including Freedom School from Webster Elementary; Primrose Merriam Park; and Century College. Page 6 Performance Measure 1.5.2 Increase youth scholarship utilization by 10% by December 31, 2020. Action Initiative : 2 , Updated on Oct 08, 2019 18:45:39 We have awarded 33 scholarships to Maplewood youth who have demonstrated financial need. G5, Attachment 1 On Track 100.0 2 Performance Measure 1.5.2 > KPI Annual Youth Scholarship Recipients # of youth receiving scholarships Last Update: Apr 09, 2019 21:32:09 Last Update: Oct 08, 2019 18:46:26 60 40 48 48 33 43 41.25 40 a, a) E E 20 19 c 48 4$ 20 3 � 33 6 s N 13 14 0 0 2015 2016 2017 2018 Ql 2019 Q2 2019 Q3 2019 Actual t Average Actual t Sum Performance Measure 1.5.3 • .. - Provide a minimum of 30 activities for actively aging adults % # On Track 50.0 1 Action Initiative : 2 Completed 50.0 1 Updated on Oct 17, 2019 20:59:24 offered 7 day trips to dinner theaters and baseball games • offered one painting class 69 participants for trips and painting class • Have booked 3 future painting classes for seniors Have also added ballroom dancing Page 7 Packet Page Number 67 of 334 Performance Measure 1.5.3 > KPI # of daytrips and classes Last Update: Sep 23, 2019 20:58:53 40 30 L -0 19 E 20 12 10 6 4i 0 Ql 2019 Q2 2019 Q3 2019 Actual -0- Sum Target 30.0 G5, Attachment 1 # of participants Last Update: Sep 23, 2019 20:59:31 200 179 v 110 E 100 .> On Track 55 5 55 55 G9 0 Q1 2019 Q2 2019 Q3 2019 ID Actual t Sum Strategic Priority 2 J 0 Financial Sustainability: Maintain a positive financial position by balancing revenues and expenditures % # for operations, debt management, and capital investments. Provide quality city services at a level that On Track 88.24 15 reflects community values and that are supported by available resources 0 Completed 11.76 2 Key Outcome: 4 Performance Measure: 8 Action Initiative: 17 Key Outcome 2.1 Achieve highest possible level of credit quality in the bond market Performance Measure: 2 Action Initiative : 6 Performance Measure 2.1.1 II, Maintain Excellent Bond Rating of AA+ with S & P Action Initiative : 4 Updated on Sep 23, 2019 19:59:12 S&P has awarded an AA+ bond rating to the City's 2019A bonds. Packet Page Number 68 of 334 Page 8 .> On Track 83.33 5 Completed 16.67 1 On Track 75.0 3 Completed 25.0 1 Page 8 Performance Measure 2.1.1 > KPI S&P Bond Rating Last Update: Oct 21, 2019 14:08:25 SSP Hand Ram 2017 2018 2019 AA+ AA+ AA+ G5, Attachment 1 Performance Measure 2.1.2 — Maintain S & P rating of "very strong management" under S&P's financial management assessment % # methodology. On Track 100.0 2 Action Initiative : 2 Updated on Sep 23, 2019 19:59:22 S&P awarded a Very Strong Management score for the 2019A bond issues. Performance Measure 2.1.2 > KPI S&P Management Score Last Update: Oct 21, 2019 13:39:19 S&P Willanagewmmt Score 2017 2018 2019 SbMng Very Strorr8 Very Strom Key Outcome 2.2 Maintain an investment strategy that maximizes yield without compromising safety, liquidity and diversity. % # On Track 100.0 3 Performance Measure: 1 Action Initiative : 3 Performance Measure 2.2.1 Maintain average annual rate of return on investments above the 2 -year treasury yield rate. % # On Track 100.0 3 Action Initiative : 3 Updated on Sep 23, 2019 19:59:35 We are currently meeting this measure, with nearly 3% returns. Page 9 Packet Page Number 69 of 334 Performance Measure 2.2.1 > KPI Interest Rate Yield 3.00% 2.50% 2.00% Last Update: Oct 21, 2019 14:27:03 750% 1.00% 050% 0.00% Key Outcome 2.3 =11 Benchmark Interest RateYieldat December3l 2 -Yea Treasury PortfofoYTM @Cost 2.48% 2.22% 1.89% --�, 2.23% 1.68% L27% G5, Attachment 1 2018 2019 Estimated Strategically manage the debt portfolio in a manner that balances long-term financial sustainability with % # community needs. on Track 100.0'. 2 Performance Measure: 2 Action Initiative : 2 Performance Measure 2.3.1 • .. :� , Debt/Capita ratio is no higher than $1,500 % # On Track 1000 1 Action Initiative : 1 Updated on Sep 23, 2019 19:59:46 We continue to meet this goal, after the 2019A bonds were issued. Page 10 Packet Page Number 70 of 334 Performance Measure 2.3.1 > KPI Debt Per Capita Last Update: Oct 21, 2019 13:39:46 s1,8W 51,1501) 51,4CC $1,2N $1,006 $800 $60t) $466 52 -0 G5, Attachment 1 Debt Per Capita $1,705 $1,633 $1,467 $1,358 2016 2017 2018 Performance Measure 2.3.2` S & P rating of at least "adequate" on Debt and Contingent Liability measure Action Initiative : 1 Updated on Sep 23, 2019 19:59:54 This goal will not be met for a few more years, as older debt is retired. Performance Measure 2.3.2 > KPI S&P Debt and Contingent Liability Score Sar u e bt arid Cm ti went Hamft store Last Update: Oct 21, 2019 13:40:08 2017 2018 2019 Weak Weak Weal[ 2019 Estimated Key Outcome 2.4; Develop an annual budget that meets community needs and is alignment with the strategic plan and City financial policies. Performance Measure: 3 Action Initiative : 6 On Track 100.0 1 On Track 83.33 5 0 Completed 16.67 1 Page 11 Packet Page Number 71 of 334 Performance Measure 2.4.1 Receive the GFOA Distinguished Budget Presentation Award Action Initiative : 2 Updated on Sep 23, 2019 20:00:17 Received the award. Performance Measure 2.4.1 > KPI GFOA Distinguished Budget Award Last Update: Oct 21, 2019 13:40:21 GFOA ICI RudZVtA erard 2017 2018 2019 Yes Yes I Yes Performance Measure 2.4.2 Receive the GFOA Certificate of Achievement for Excellence in Financial Reporting Action Initiative : 2 Updated on Sep 23, 2019 20:00:38 Received the award for the 2018 CAFR. Performance Measure 2.4.2 > KPI GFOA Certificate of Achievement for CAFR Last Update: Oct 21, 2019 13:40:38 GFOA C.eranal a of Acl is l: for €:Am 2016 2017 2018 2019 Yes Yes Yes N/A Performance Measure 2.4.3 foil uadiuu i(ii.� Maintain budget to actual performance within 1% of budgeted expenditures Action Initiative : 2 Updated on Jul 12, 2019 15:17:37 In line to achieve this for the 2019 budget to date. Packet Page Number 72 of 334 G5, Attachment 1 On Track 1000 2 On Track 50.0 1 Completed 500 1 # On Track 100.0 2 Page 12 Performance Measure 2.4.3 > KPI Budget to Actual 99.40% 98.24% 99.00% 97.W% Last Update: Oct 21, 2019 13:41:06 97'6CO% 97.40% 97.20% 97.04'.6 96.90% 96.60'6 G5, Attachment 1 % of Budgetto Actual Expenditures General Fund 97.; 2017 2018 2019 Estimated Strategic Priority 3 Infrastructure & Asset Management: Provide safe, efficient, sustainable, cost-effective, and well- % # maintained roads and transportation systems. Build, maintain, and manage capital assets to preserve Status Pending 3.7 1 long-term investment and ensure uninterrupted support services. On Track 44.44 12 Upcoming 22.22 6 � Completed 29.63 8 Key Outcome: 4 Performance Measure: 14 Action Initiative : 27 Key Outcome 3.1 � Capital assets (buildings, grounds and equipment) shall be maintained at a sustainable level that will % # protect the City's investment. On Track 50.0 1 ID Upcoming 50.0 1 Performance Measure: 4 Action Initiative : 2 Performance Measure 3.1.1 — -- .... Ensure sanitary sewer system is maintained by inspecting 20 — 25% of mains each year % # On Track 1000 1 Action Initiative : 1 Updated on Oct 10, 2019 20:58:18 Staff is currently on track to complete the annual cleaning of 1/3 of sanitary sewer mains. Page 13 Packet Page Number 73 of 334 G5, Attachment 1 Performance Measure 3.1.1 > KPI Sanitary sewer main inspected annually (thousand feet) Last Update: Jul 16, 2019 15:48:08 Performance Measure 3.1.2 t Maintain a Net Investment in Capital Assets/Total Net Position Ratio of at least 83% % # Upcoming 100.0 1 Action Initiative : 1 Updated on Sep 23, 2019 20:00:50, For the year ended 12-31-2018, this ratio was 81 %, slightly less than the standard. Page 14 Packet Page Number 74 of 334 75 Y 50 29.98 p 26.43 � I (i•t 25 33.53 26.43 0 2014 2015 2016 2017 2018 0 Actual -0- Average Performance Measure 3.1.2 t Maintain a Net Investment in Capital Assets/Total Net Position Ratio of at least 83% % # Upcoming 100.0 1 Action Initiative : 1 Updated on Sep 23, 2019 20:00:50, For the year ended 12-31-2018, this ratio was 81 %, slightly less than the standard. Page 14 Packet Page Number 74 of 334 G5, Attachment 1 Performance Measure 3.1.2 > KPI % of Budget to Actual Expenditures General Fund Last Update: Oct 21, 2019 16:11:22 Net Investment in Capital Assets/Total Net Position 0.9 0.8856 0.88 0.86 0.84 0.82 0.8 78 0.76 )87 I1 2018 Performance Measure 3.1.3 Enter 100% of facilities into asset management software for tracking Updated on Oct 09, 2019 21:26:39 Staff is continuing to enter all assets into Cartegraph. Approximately 75% of the facilities have been entered into Cartegraph. This task should be completed in the fourth quarter. Performance Measure 3.1.4 Inspect and clean 100% of stormwater BMPs Updated on Oct 10, 2019 16:14:41 Staff has inspected 100% of the 161 structures. Out of the 161 structures, 117 required cleaning. Staff cleaned 94 structures leaving 23 structures to be carried over to 2020. This was due to weather, amount of rain received, and staff shortage within the department. Page 15 Packet Page Number 75 of 334 G5, Attachment 1 IYgIYYIYt rr1{w Key Outcome 3.2�u»,m II .. III lul� # On Track 50.0 3 Local City roads managed to provide a high quality transportation system. 16.67 1 % # On Track 44.44 4 / Upcoming 22.22 2 Performance Measure: 3 Action Initiative : 9 0 Completed 33.33 3 Performance Measure 3.2.1 Maintain PCI (Pavement Condition Index) of a minimum of 70 % # On Track 37.5 3 Upcoming 250 2 Action Initiative : 8 Completed 37.5 3 Updated on Oct 09, 2019 14:14:40 City staff have completed street ratings for 2019 to ensure our PCI is up to date. The 2019 improvement projects are nearing completion and will represent an investment into maintaining a high-quality street system in Maplewood. Performance Measure 3.2.2 VE Inspect 100% of traffic control signs each year Action Initiative : 1 - _ I On Track 1000 1 Updated on Oct 17, 2019 21:03:01 All required information for inspections has been submitted. This information should be entered into Cartegraph by the end of October. A complete sign inspection system will be in place by the end of 2019. Performance Measure 3.2.3 City roads plowed to full width within 8 hours after snow has stopped falling for 90% of all average snow events (3-6 inches) Updated on Oct 17, 2019 21:04:29 There is no update at this time. Key Outcome 3.3p �'" 'f Natural Resources are managed to ensure high ecological quality and long-term sustainability. Performance Measure: 3 Action Initiative : 6 Performance Measure 3.3.1 • .. 100% of development/redevelopment projects will meet the City storm water quality requirements Action Initiative : 3 Packet Page Number 76 of 334 Page 16 # On Track 50.0 3 Upcoming 16.67 1 Completed 33.33 2 is On Track 100.0 3 Page 16 G5, Attachment 1 Updated on Oct 09, 2019 14:20:52 There have been twenty-one development proposals within the City thus far in 2019 requiring Engineering review. All of these projects were reviewed to ensure they meet the City's storm -water quality requirements. Performance Measure 3.3.2 Active management of a minimum of 8 natural areas per year Updated on Oct 08, 2019 15:59:22 Six natural areas have been maintained by contractors or volunteers in 2019. Management has included one prescribed burn, mowing, tree care, and invasive species control. Performance Measure 3.3.3 :1 Remove 100% of park and boulevard ash trees that are dead or have confirmed Emerald Ash Borer. % # Upcoming 33.33 1 Action Initiative : 3 1$ Completed 66.67 2 Updated on Oct 08, 2019 17:40:42 Spring inspections found 11 boulevard trees and 5 park trees that have confirmed EAB. These trees will be removed in the winter of 2019-2020. Performance Measure 3.3.3 > KPI # of trees removed Last Update: Jul 12, 2019 18:19:17 200 150 v v L } 100 w O GU �k 118 50 0 Jan '19 Jul '19 Actual Comment Dec 2018 -Mar 2019 removals completed and 100% of public ash with EAB were removed. April inspections will identify EAB trees for removal in winter 2019-2020. Page 17 Packet Page Number 77 of 334 G5, Attachment 1 Key Outcome 3.4 am - City parks, trails and open spaces are well-maintained, accessible, and meet the changing needs of the % # community. Status Pending 10.0 1 On Track 40.0 4 ,D Upcoming 20.0 2 Performance Measure: 4 Action Initiative : 10 0 Completed 300 3 Performance Measure 3.4.1 f ^� Implement a minimum of 1 recommendation from the 2015 Parks System Master Plan % # On Track 50.0 1 Action Initiative : 2 • Completed 50.0 1 Updated on Oct 08, 2019 18:20:09 We have replaced the playground at Wakefield Park in 2019 as part of the Parks System Master Plan goal to make Wakefield a "signature park" in our system. We are now in the beginning stages of creating a master plan for Harvest Park Performance Measure 3.4.21 Develop and maintain a rating system for playgrounds in Cartegraph % # 0 Completed 100.0 2 Action Initiative : 2 Updated on Jul 15, 2019 13:42:32 We have begun the 2019 playground inspection process and will be reviewing the results and format to determine best practices going forward before entering data into Cartegraph. I .,r Performance Measure 3.4.3 Maintain a 70% resident satisfaction rating with City's parks, trails and open spaces % # Status Pending 200 1 Action Initiative : 5 On Track 40.0 2 1 Upcoming 40.0 2 Updated on Oct 08, 2019 18:24:21 We are working with the Communications Department to effectively communicate with the public about all things related to parks, trails and open space. We have completed a Polco survey concerning Parks & Recreation facilities and programming. We are also continuing to utilize Cartegraph software to manage our assets and respond to issues that arise in our Parks System. Performance Measure 3.4.4 - Parking lots, trails and sidewalks cleared within 48 hours after street clearing operations are finished for % # 90% of all average snow events (3 — 6 inches) On Track 100.0 1 Action Initiative : 1 Page 18 Packet Page Number 78 of 334 G5, Attachment 1 Updated on Oct 14, 2019 13:51:00 Staff will be meeting this fall to review our existing trail and sidewalk network to plan our snow removal operations for the 2019/2020 wi me r. Strategic Priority 4� Integrated Communication: Create a long-term vision that reflects our community identity and % # effectively communicates a consistent, broad-based message and brand through a variety of mediums. On Track 100.0 11 Key Outcome: 2 Performance Measure: 4 Action Initiative: 11 Key Outcome 4.1 µ `, A more informed and engaged community by proactively telling the City's story and establishing % # Maplewood as a regional leader. On Track 100.0 10 Performance Measure: 3 Action Initiative : 10 Performance Measure 4.1.1 �7 I�' j Increase social media engagement and on-line presence by an average of 3% in 2019 On Track Action Initiative : 5 Updated on Oct 07, 2019 18:05:03 Traffic is steady and we're continuing to upgrade the quality of the content on each of the City's platforms. Performance Measure 4.1.1 > KPI Social media engagement Last Update: Jun 17, 2019 19:30:40 4000 c a� E v 2000 M ns rn CU 7 2,599 AN - 1 7. Jun Actual t Average Target 3500.0 2,399.5 200 1 100.0 5 24. Jun Page 19 Packet Page Number 79 of 334 G5, Attachment 1 Performance Measure 4.1.2 Ensure at least 2 or more videos per month appear on the City of Maplewood's digital platforms % # On Track 100.0 3 Action Initiative : 3 Updated on Oct 07, 2019 18:07:06 This is more of an input, but we are meeting it. Performance Measure 4.1.3TZ " Ensure residents are informed on a wide variety of City news and initiatives in the areas of environmental % # education, Public Safety, Finance, Public Works, and Parks & Recreation at least 5 times per month. On Track 100.0 2 Action Initiative : 2 Updated on Oct 18, 2019 14:52:08 This is being met. it ^1 Key Outcome 4.2 J Retain and attract community members, businesses and visitors through a regional branding campaign. % # On Track 100.0 1 Performance Measure: 1 Action Initiative : 1 Performance Measure 4.2.1Pµ Establish a new city branding by January 2020 % # On Track 1000 1 Action Initiative : 1 Updated on Oct 07, 2019 18:06:35 COEs have been successful, so have the complete COunt Committees. We'll be meeting with the Realtors in November and hope to continue the dialogue from there. Strategic Priority 5Ch, Operational Effectiveness: Create a culture that is built on trust, conveys clearly identified goals and % # expectations, and is focused on the city's long-range mission and vision. Value organizational efficiencies On Track 67.5 27 which are based on performance measurement, accountability, and best practices. Some Disruption 2.5 1 Upcoming 7.5 3 Completed 22.5 9 Key Outcome: 5 Performance Measure: 20 Action Initiative : 40 Page 20 Packet Page Number 80 of 334 G5, Attachment 1 Key Outcome 5.1 Maintain a safe work environment and a healthy workforce. % # On Track 87.5 7 Performance Measure: 2 Action Initiative : 8 0 Completed 12.5 1 Performance Measure 5.1.1 The target for the annual Workers' Compensation Experience Modification Factor is 1.0 or less % # On Track 1000 4 Action Initiative : 4 Updated on Oct 17, 2019 20:18:59 The Workers' Compensation Experience Modification Factor is calculated on an annual basis. The year runs from July 1 to June 30. Tracking injuries and accidents month to month to review and compare preventable v unpreventable and lost time and medical v no lost time or medical. Working with communications on Safety Videos and PSA's. Sent emergency action plan to all department heads to update in their areas. Continue to send follow up reports with recommendations to Department Heads to review with employee. Reached out to Gallagher and League to attend Safety Committee meetings on quarterly basis. New members added to Safety Committee to include Command staff and PW Supervisors. We also brought in the League to discuss their TSO program with the Police Department. We also met with SafeAssure to review the 2019/2020 training program. Performance Measure 5.1.1 > KPI Annual Workers' Compensation Experience Modification Factor is 1.0 or less Last Update: Oct 14, 2019 20:27:57 1.5 1 v E c 0.5 0 1.29 1.22 1.19 1.17 1.13 1.12 1.11 2012 2013 2014 2015 2016 Actual t Average Target 1.0 Performance Measure 5.1.2 Increase employee wellness program participation by 2% per year to reach 80% by 2020 in each department and city-wide Action Initiative : 4 T 7 7 2017 2018 2019 On Track 75.0 3 ® Completed 25.0 1 Page 21 Packet Page Number 81 of 334 G5, Attachment 1 Updated on Oct 17, 2019 20:33:23 Added to wellness page on intranet. Encourage Wellness Committee members to add Wellness to staff meeting agendas. HR Director adding wellness talking points to weekly Management Team meetings. Set up wellness orientations with new hires to go over mymedica site and Wellness Your Way program. Continue to meet 1:1 with new hires on wellness program and share participation numbers with Department Heads. See below for Trimester 2 participation numbers. Total Eligible # Participants % Administration 14 14 100% CD 10 7 70% Finance 13 9 69% Fire Department 29 26 90% IT 4 3 75% Parks & Recreation 8 7 88% Police Department 52 36 69% Public Works 36 30 83% Total 166 132 80% Performance Measure 5.1.2 > KPI Employee wellness program participation Last Update: Oct 14, 2019 20:29:34 100 V 50 °' 80 v o.. 0 Jan '18 May'l8 Sep '18 Jan '19 May'l9 Sep '19 Actual Target 80.0 Key Outcome 5.2 Recruitment and retention of talented and qualified workforce. Performance Measure: 2 Action Initiative : 6 Packet Page Number 82 of 334 On Track 0 Completed 50.0 3 50.0 3 Page 22 G5, Attachment 1 Performance Measure 5.2.1 Full-time employee turnover rate will be 10% or less % # On Track 60.0 3 Action Initiative : 5 Completed 40.0 2 Updated on Oct 17, 2019 20:36:37 We have launched our LEAD Academy, a professional development program. The annual recognition luncheon was held on May 29 at Wakefield Community Building. Employees were honored for 10, 15, 20, 25 and 30 years of service with the City. Honorees were able to choose their own prize from an online catalog. An employee survey is being developed to solicit feedback from employees regarding compensation and benefits, as well as culture and work environment. Performance Measure 5.2.1 > KPI Employee Turn -Over Rate Last Update: Jul 10, 2019 20:24:31 20 15.3 15 �� Y u 10 v CL 5 0 Jan ''17 _.S. 5.3 5.6 Jul ''17 Jan '18 Jul ''18 Jan '19 Jul '19 Actual Target 10.0 Comment 2016: This is the year when the YMCA assumed operations at the MCC. Positions were eliminated. 2018: This figure includes all current plus the two new FFs and new Police Records Specialist starting in next month or so. Performance Measure 5.2.2 Average time to hire will be 100 days or less Action Initiative : 1 Updated on Oct 17, 2019 20:38:29 0 Completed 100.0 1 Page 23 Packet Page Number 83 of 334 G5, Attachment 1 Worked with IT and Finance with finding efficiencies in the process. have made a number of changes to eliminate steps and duplication. Utilized analytics in NeoGOV to understand how long each step in the hiring process takes. Performance Measure 5.2.2 > KPI Average time to hire will be 100 days or less Last Update: Oct 14, 2019 20:30:18 150 127.6 125 99.15 100 > 83'9779.05 rt O 75 70.7 64.3 53.6 50 25 Q3 2017 Q4 2017 Q1 2018 Q4 2018 Actual t Average Target 100.0 Key Outcome 5.3 1 "" " Provide timely response to resident needs and requests. Performance Measure: 6 Action Initiative: 5 Performance Measure 5.3.1 ,,, 80% of complete commercial plans and permits reviewed within 30 days or less Action Initiative : 1 Updated on Oct 03, 2019 14:41:45 This measure is being met. Performance Measure 5.3.2 —MN-.,,-. n , Respond to and verify code enforcement complaints in the City within 1 week of receipt Action Initiative : 2 Updated on Oct 03, 2019 14:46:21 Packet Page Number 84 of 334 75.6 80.3 79 Ql 2019 Q2 2019 Q3 2019 # ;y On Track 60.0 3 Upcoming 40.0 2 0 On Track 1000 1 V Upcoming 100.0 2 Page 24 G5, Attachment 1 Our Neighborhood Preservation Specialist responds to complaints or reaches out to all complainants within one week of receipt. Many of the more complex code complaints take more than one week to completely close out. We will be rolling out software for this fall which will be able to better track response and compliance timelines. Performance Measure 5.3.3 - Respond to maintenance requests in our parks and open spaces within 5 business days. % # On Track 100.0 2 Action Initiative : 2 Updated on Oct 08, 2019 18:24:55 We continue working towards improving our response times to maintenance requests in our Parks System by improving communication between staff and utilizing Cartegragh software to track issues and manage assets. Performance Measure 5.3.4 75% of completed field permit applications are answered within 5 business days. Updated on Oct 08, 2019 21:18:39 95% - 58 of 61 permit requests were answered within 5 business days for April -October 2019. Performance Measure 5.3.5 80% of Data Practice requests will be completed within 10 days Updated on Jul 03, 2019 17:43:30 The average response time for the 20 second quarter data requests was 3.9 days. Page 25 Packet Page Number 85 of 334 Performance Measure 5.3.5 > KPI Completion Time Last Update: Oct 08, 2019 21:08:26 15 10 a 11.3 2.6 G 0 Ql 2018 Q2 2018 5.47 4.82 3.S Z-29 Q3 2018 Q4 2018 Actual t Average Target 10.0 G5, Attachment 1 4.48 4.38 3.i Ql 2019 Q2 2019 C19ia Q3 2019 Performance Measure 5.3.6 Respond, track and resolve/close 85% of all issues reported to Public Works within 2 weeks from the reported date Updated on Oct 17, 2019 21:17.•59 2019 Total Reported Issues = 1199 We are continuing to expand the number of areas utilizing Cartegraph to process and report issues. The goal is to have 85% of the reported issues closed within two weeks or less from the reporting date. Currently, we have 24 issues that remain open and have 97.99% of the reported issues closed within two weeks. Page 26 Packet Page Number 86 of 334 G5, Attachment 1 Performance Measure 5.3.6 > KPI Respond, track and resolve/close 85% of all issues reported within 2 weeks from the reported date Last Update: Oct 08, 2019 21:00:33 100 85.2 a. 50 s5 z 9a V G3 4 0 2017 2018 Actual f Average Target 85.0 Key Outcome 5.4 Practice Continuous Improvement (Best Practices in Employee Operations). Performance Measure: 5 Action Initiative : 10 Performance Measure 5.4.1 . 2019 On Track 80.0 8 Upcoming 10.0 1 d Completed 100 1 80% of licensed establishments will be inspected on an annual basis % # " Upcoming 100.0 1 Action Initiative : 1 Updated on Oct 03, 2019 14:17:24 Of the 181 licensed establishments in the city, 134 or 74% have been inspected so far in 2019. As of September 30th, here are the number of inspections completed: • 115 of 160 (72%) food establishments 6 of 7 (86%) lodging establishments • 13 of 14 (93%) pools Performance Measure 5.4.2 • .. - 'U Ensure the percentage of IT helpdesk request SI -Ns met is 90% or above Action Initiative : 2 Updated on Oct 18, 2019 15:05:37 On Track 100.0 2 Page 27 Packet Page Number 87 of 334 G5, Attachment 1 % of tickets closed within their assigned SLA's are at an all time high of 94.5%. We managed the summer vacations and out -of -office's well and plan on finishing the year strong. November and December will be busy with end of the year project deadlines but we continue to make helpdesk responsiveness a priority and do not anticipate any service degradation. Performance Measure 5.4.2 > KPI percentage of IT helpdesk request SLA's met is 90% or above Last Update: Oct 18, 2019 15:04:24 100 -Z ]'li•M1 a 941179..... 9313 93:-39 44=73 9 a� 6l r� 73 50 9 .13 55 95. 3.71 95.07 9' .2.3 u v a 0 Jan "19 Feb 19 Mar '19 Apr '19 May ''19 Jun 19 Actual t Average Target 90.0 Jul '19 Aug '19 94ST .— 45.5'•5 Sep 19 Comment % of tickets closed within their assigned SLA's are at an all time high of 94.5%. We managed the summer vacations and out -of -office's well and plan on finishing the year strong. November and December will be busy with end of the year project deadlines but we continue to make helpdesk responsiveness a priority and do not anticipate any service degradation. Performance Measure 5.4.3 - .. - fi Maintain GreenStep Cities Step 5 status % # On Track 50.0 1 Action Initiative : 2 Completed 500 1 Updated on Oct 03, 2019 14:47:21 Maplewood entered the GreenStep Cities metrics data by the May 1, 2019, deadline and has achieved the Step 5 award status for year 2018. Page 28 Packet Page Number 88 of 334 Performance Measure 5.4.3 > KPI Maintain GreenStep Cities Step 5 status Last Update: Jul 12, 2019 18:50:48 7.5 5 -0 3.5 3.67 E 2.5 a 0 2013 2014 2015 2016 Actual f Average Target 5.0 Performance Measure 5.4.4 G5, Attachment 1 2017 2018 Decrease trash and increase recycling in the City's curbside residential solid waste program % # On Track 100.0 2 Action Initiative : 2 Updated on Jul 08, 2019 20:45:29 Maplewood continues to work with its trash and recycling contractor to increase recycling and decrease trash through education and outreach. Performance Measure 5.4.4 > KPI Average Pounds of Recycling Collected Per Month Last Update: Jul 15, 2019 17:09:08 Average Pounds of Recycling Collected Per Month e0 53.99 54-01 50 40 30 i 20 1215 12.95 l0 ' Sn;le FamAy Mut.�`amiy Ta 2017 2019 Annual Net Tons of Recycling Collected Last Update: Jul 15, 2019 17:09:38 Annual Net Tons of Recycling Collected 3500 2978.13 297918 3000 25cc 2c^n H 1500 1c90 I 500 29323 31259 ® 313 3211 Sngfe'a,4 Mun-'am;Y 3usneQes; chuchFt S2017 02019 Page 29 Packet Page Number 89 of 334 Solid Waste Generated Per Day in Maplewood Last Update: Jul 16, 2019 17:17:47 Solid Waste Generated Per Day in Maplewood 12 9.53 10 8 6 4.97 c a a 2 162 156 0 ; Residential mid waste generated per Commercial solid wastegenerated per resident per day job per da! ■ 2017 u 2018 Performance Measure 5.4.5 G5, Attachment 1 Percentage of Waste Recycled After Collection Last Update: Jul 16, 2019 17:18:08 Percentage of Waste Recycled After Collection 29.50'6 29% 29.00?; 2850", 26 007.; 27 50% 27.27% 27.00% 26 5096 26_GC96 0 2017 2018 Ensure the percentage of core application/infrastructure uptime is 90% or above % # On Track 100.0 3 Action Initiative : 3 Updated on Oct 18, 2019 15:06:55 We've has a few minor downtimes for scheduled maintenance but no outages to date this year. We did have a minor outage for our security camera server application but this occurred in October and therefore will be reported in the 4th quarter. Key Outcome 5.5 I7„""iui° iiriui. I�1 Ensure Safe and Secure Neighborhoods through prevention and risk reduction programs % # On Track 54.55 6 Performance Measure: 5 Action Initiative : 11 Some Disruption 9.09 1 41 Completed 36.36 4 Performance Measure 5.5.1 - .e - Through prevention efforts reduce targeted offenses by 10% by December 31, 2020 (measured on a five % # year average) -> On Track 66.67 2 Some Disruption 33.33 1 Action Initiative : 3 Updated on Oct 02, 2019 17:37.•46 In an effort to help reduce crime: • Internal products and tools have been (and are continuing to be) created and are being utilized thus increasing information sharing between department personnel, as well as with other law enforcement agencies. The public -facing community crime map website is available and being mentioned on social media to bring it to the larger community's attention, and officers have been reminded of its existence as a resource. Page 30 Packet Page Number 90 of 334 G5, Attachment 1 • To assist with problem -solving efforts, 21 problem -solving strategies incorporating SARA models were created and logged in the 2nd quarter, and 24 were logged in the 3rd quarter of 2019. • The officers in our Street Crimes Unit, as well as our Retail Crime officer, are currently filling street patrol shifts until we are better staffed on the street. Soon both specialty assignments will resume working collaboratively with street patrol officers as well as business partners and other stakeholders to target hot spots and disorder. Additionally, the department has recently assigned an officer to fill a newly awarded grant -funded auto theft detective who will dedicate focus on auto theft and theft from auto related crimes. Performance Measure 5.5.2 Respond to all emergency (lights and siren) incidents in 8 minutes or less (travel time) for 90% of the incidents Action Initiative : 2 Updated on Oct 11, 2019 14:31:22 For the first half of 2019, the department's travel times for emergency responses were: 09:04 90% of the time For Q3 2019, the departments travel times for emergency responses were: July: 07:44 90% of the time August: 07:58 90% of the time September 09:11 90% of the time On Track Completed 50.0 1 500 1 The next phases of the operational review have been approved and will aid in the department's 90th percentile response times upon consolidation of the central and north fire stations as resources will be more adequately placed to meet the demands of the busiest areas of the city. Page 31 Packet Page Number 91 of 334 G5, Attachment 1 Performance Measure 5.5.2 > KPI % of incidents where emergency response time is 8 minutes or less Last Update: Oct 18, 2019 16:33:38 100 d5 S8.5 3A_-. 84.5 $S 8S.B7 R6 j6.i5 86.11 0 N M c 50 v V a) a N Jan '19 Performance Measure 5.5.3 Feb '19 Mar '19 Apr ''19 May'l9 Jun '19 Jul '19 Aug "19 Sep '19 Actual t Average Target 90.0 Reduce repeat utilization of the EMS system for targeted initiatives by 5% % # On Track 33.33 1 Action Initiative : 3 i Completed 6667 2 Updated on Oct 11, 2019 14:34:03 The Public Safety Department continues to be active in it's Mental Health Outreach Pilot. This pilot has been a learning process and there is still not enough outcome data to reliably measure the reduction of the EMS system for targeted initiatives. Police, Fire/EMS and Community Development Department's have begun working with high utilizing facilities to ensure that the City's resources are being used appropriately. We anticipate that targeted outreach to high use facilities will assist in accomplishing this measure. Performance Measure 5.5.4 0 -"Mm. Identify, establish and provide fire and EMS prevention programs % # On Track 66.67 2 Action Initiative : 3 A Completed 33.33 1 Updated on Oct 11, 2019 14:43.57 The department has uploaded all identified public access AED's into a single data base which allows bystanders to identify AED locations via an interactive mobile phone app. The department has completed all steps to be recognized as a Heartsafe Community and is in the final stages of completing the final application. Most recently, the Fire/EMS Department delivered community risk reduction messaging at the Maplewood Business Council, we have hosted our annual fire prevention open house and have participated or led 50 events since the July update. Page 32 Packet Page Number 92 of 334 G5, Attachment 1 In September we partnered with the American Red Cross and Xcel Energy on their national day of giving to canvass the Beaver Lake Estates mobile home community to offer free home safety visits and life safety education. In 3 hours on a Saturday our teams accomplished the following: 48: Number of homes in the Beaver Lake Estates community that were made safer, this is 19% of the homes in the community. 32: Number of requests you generated walking door-to-door. That means that 66% of the homes made safer happened because you knocked on their door on Saturday. WAY TO GO! 84: Alarms installed, for an average of just under 2 alarms per home. 15: Requests yet to be fulfilled. Once fulfilled we will have made 25% of the homes in the community safer. 7: Number of Xcel Energy employees and community members who participated. 17: Number of Maplewood Fire Department members who participated. 18: Number of Red Crossers who participated or helped plan. Performance Measure 5.5.5 Analyze crime and arrest data in a non -biased manner through the annual Enforcement Action Report. Updated on Oct 02, 2019 17:33:53 Quarter 3: July 1 - September 30, 2019 To date, two (2) annual department reports analyzing crime and arrest data in a non -biased manner were created and are available on the city's/department's website. hftps://maplewoodmn.gov/1 918/MPD-Enforcement-Reports Strategic Priority 6 Targeted Redevelopment: Guide residential development by leveraging resources to expand the tax % # base but also create housing options that meets the diversity of the community. Promote commercial On Track 78.57 11 development through the green building code and innovation that supports business growth. Completed 21.43 3 Key Outcome: 3 Performance Measure: 8 Action Initiative : 14 Key Outcome 6.1 Facilitate Investment to Revitalize Neighborhoods % # On Track 75.0 6 Performance Measure: 4 Action Initiative : 8 Completed 25.0 2 Performance Measure 6.1.1 ,. Five new structures or additions will meet green standards in 2019 % # On Track 100.0 2 Action Initiative : 2 Updated on Jul 08, 2019 20:47.20 Page 33 Packet Page Number 93 of 334 G5, Attachment 1 HVAC improvements to the 1902 Building will increase energy efficiency in the building and meet green standards. Performance Measure 6.1.2 . ) Secure purchase agreements with 75% of the properties identified for acquisition within the Gladstone neighborhood M; On Track Action Initiative : 2 Updated on Jul 03, 2019 20:52:07 Completed purchase of Moose Lodge in May. Looking to assemble nearby properties to facilitate redevelopment project. Performance Measure 6.1.3 Create Rice — Larpenteur Gateway Corridor Alliance by end of 2019 with City of Roseville and City of St. Paul On Track Completed Action Initiative : 2 Updated on Jul 08, 2019 20:48:09 Rice-Larpenteur Gateway Interim Alliance meets once a month. 100.0 2 50.0 1 50.0 1 Performance Measure 6.1.4 Rezone 100% of properties designated for transit -oriented development (TOD) in the 2040 Comp Plan % # On Track 50.0 1 Action Initiative : 2 Completed 500 1 Updated on Jul 03, 2019 20:52:57 Working with Met Council to get final approval of 2040 Comp Plan which is expeted to occur by the end of August. City council final adopted expected to then occur in September. Key Outcome 6.2 - .. _ Improve economic condition and appearance of the North End and ensure regional and community -wide % # needs are met through future planning and development. On Track 100.0 2 Performance Measure: 2 Action Initiative : 2 Performance Measure 6.2.1 Reduce the number of business vacancies by 10% in 3 to 5 years Action Initiative : 1 Packet Page Number 94 of 334 i On Track 100.0 1 Page 34 G5, Attachment 1 Updated on Oct 03, 2019 21:51:44 North End Vision was adopted in September by the city council. This plan will work to guide the city in and developers as projects are considered. Redevelopment in the North End will work to reduce vacancies. Performance Measure 6.2.2 Add 1 multi -family housing development to the North End within 3 to 5 years % # On Track 100.0 1 Action Initiative: 1 Updated on Oct 03, 2019 21:53:35 The North End Vision Plan and 2040 Comprehensive Plan were both adopted by the city council in September. These planning efforts put in place policies that allow and promote housing to occur in the city's North End. Key Outcome 6.3 Ensure there is a diversity of housing types to meet needs of all types of households. % # On Track 75.0 3 Performance Measure: 2 Action Initiative: 4 Completed 25.0 1 Performance Measure 6.3.1 - :. m Work to incorporate the Met Council's goal of adding 510 affordable housing units by 2028 % # On Track 100.0 2 Action Initiative : 2 Updated on Oct 03, 2019 21:55:35 On September 9, 2019 the city council formally adopted the 2040 Comprehensive Plan, which includes the goal of adding 510 affordable housing units by 2028. The plan's high density and mixed use districts work to encourage affordable housing to be built throughout the city. Performance Measure 6.3.2 Inspect 20% of the City's rental housing units by the end of 2020 % # On Track 50.0 1 Action Initiative : 2 Completed 50.0 1 Updated on Jul 03, 2019 20:48:09 City staff brought this item to the City Council and is now working with Finance and Publci Safety staff to fine tune budget numbers, hiring expectatiosn and final code language. New building official starts on July 8 and he will be heavily involved in the implementation of this program. Page 35 Packet Page Number 95 of 334 G6 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Mondor, Chief of EMS PRESENTER: Michael Mondor, Chief of EMS AGENDA ITEM: Professional Services Agreement with Wold Architects and Engineers to Conduct a Fire Station Needs Assessment and Design Recommendations Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ✓ Contract/Agreement ❑ Proclamation Policy Issue: Maplewood Fire Staff needs to work with an architect to conduct a fire station needs assessment and design recommendations to ensure that the future fire station on the Hazelwood property will meet the fire department's future needs. Recommended Action: Motion to approve a professional services agreement with Wold Architects and Engineers to conduct a fire station needs assessment and design recommendations. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $17,000 plus reimbursables. Financing source(s): ✓ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: The $17,000 cost represents the cost to conduct the Fire Station Needs Assessment and Design Recommendations. Strategic Plan Relevance: ✓ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ✓ Infrastructure & Asset Mgmt. These recommendations will allow the Fire Department to conduct a fire station needs assessment and design recommendations with the goal of improving the Department's critical infrastructure. Background At the September 23rd, 2019 City Council Meeting, staff received City Council approval to develop a professional services agreement with Wold Architects and Engineers to conduct a Fire Station Needs Assessment and Design Recommendations. Maplewood Fire Staff has created an agreement. The agreement has been reviewed and approved by Mr. Batty. Attachments 1. Professional Services Agreement with Wold Architects and Engineers 2. Wold Architects and Engineers Request For Qualifications Submittal Packet Page Number 96 of 334 G6, Attachment 1 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made this 281h day of October, 2019 (the "Effective Date") by and between the city of Maplewood, a Minnesota municipal corporation with principal offices at 1830 County Road B East, Maplewood, Minnesota 55109 (the "City") and Wold Architects and Engineers, a Architectural and Engineering Firm with offices at 332 Minnesota Street, Suite W2000, Saint Paul, MN 55101 (the "Consultant"). RECITALS A. The Consultant is engaged in the business of providing professional services. B. The City has a need for professional services on a consulting basis for a Fire Station Needs Assessment and Design Recommendations. C. The Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional services. D. The City desires to engage the Consultant to provide professional services on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and the Consultant agree as follows: AGREEMENT 1. Services to be Provided. The City has selected the Consultant to provide professional services for a Fire Station Needs Assessment and Design Recommendations. The details of this project shall be included in the Consultant's response to the City's Request for Qualifications for a Fire Station Needs Assessment and Design Recommendations. 2. Duration of Agreement. This Agreement shall remain in force and effect commencing from the Effective Date and continuing until December 31, 20, unless terminated or amended pursuant to the terms contained herein. 3. Consideration. The consideration that the City shall pay to the Consultant for the services to be provided in the Consultant's response to the City's Request for Qualifications 4. Payment. The City shall make progress payments based on monthly invoices from the Consultant. The City shall make said payments within 35 days of receiving the Consultant's invoice and the Consultant may withhold deliverables if undisputed invoices are not paid within that time period. The Consultant agrees to comply with the requirements of Minnesota Statutes, section 471.425, subd. 4a regarding prompt payment of its subcontractors. 1 536103v2 RHB NM745-2 Packet Page Number 97 of 334 G6, Attachment 1 5. City Responsibilities. In addition to adhering to its involvement in the services specified in supplemental agreements, the City may also furnish the services of City staff, site surveys, environmental surveys, and tests, inspections, and reports regarding hazardous materials if available to the City and reasonably required and requested by the Consultant. Following its good faith evaluation of the information provided, the Consultant shall be entitled to rely on the accuracy and completeness of services and information furnished by the City and the City staff as well as upon the implied representation that the Consultant may incorporate any documents, graphics, information, and data (in whole or in part) provided by the City and the City staff without infringing upon the intellectual property rights of any third party. The Consultant shall provide prompt written notice to the City if the Consultant becomes aware of any error, omission or inconsistency in such services or information. 6. Termination. Notwithstanding any other provision herein to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. The Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing 30 days' written notice to the City; C. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon the Consultant's failure to have in force any insurance required by this Agreement or as otherwise provided for herein. In the event of a termination, the City shall pay the Consultant for services performed to the date of termination and for all reimbursable costs and expenses incurred the Consultant prior to the date of termination. 7. Suspension. If the City fails to make payments to the Consultant in accordance with this Agreement, and said payments are not otherwise disputed by the City, the Consultant may suspend its services under this Agreement. If the Consultant elects to suspend services, it shall give 10 days' written notice to the City before doing so. The Consultant shall have no liability to the City for delay or damage caused by such suspension of services. Before resuming services, the Consultant shall be paid all undisputed sums due prior to suspension and any undisputed expenses incurred in the interruption and resumption of the Consultant's services. 8. Records/Inspection. Pursuant to Minnesota Statutes, section 16C.05, subd. 5, the Consultant agrees that the books, records, documents, and accounting procedures and practices of the Consultant that are relevant to the project are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. The Consultant shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 2 536103v2 RFM MA745-2 Packet Page Number 98 of 334 G6, Attachment 1 9. Indemnification. To the fullest extent permitted by law, the Consultant agrees to protect, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or the costs, disbursements, and expenses of defending the same, including but not limited to attorneys' fees, professional services, and other technical, administrative or professional assistance to the extent resulting from the Consultant's (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) negligent performance of the duties required by or arising from this Agreement, or to the extent caused in whole or in part by any other negligent act or omission or willful misconduct, or arising out of the failure to obtain or maintain the insurance required by this Agreement. Except as provided in section 5 of this Agreement, the Consultant agrees to defend and indemnify the City against any actions or claims alleging infringement on any copyright or patent by reason of its use of designs, drawings or specifications and shall hold the City harmless against any loss or damages therefrom. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is otherwise entitled by statute or common law. The parties agree that these indemnification obligations will survive the completion or termination of this Agreement. 10. Insurance. The Consultant agrees to maintain at its own expense a commercial general liability and excess umbrella general liability insurance policy or policies insuring the Consultant against claims for bodily injury, death or property damage arising out of the Consultant's general business activities other than the performance of professional services. The general liability coverage shall provide limits of not less than $2,000,000 per occurrence and not less than $2,000,000 general aggregate, and $2,000,000 products/completed operations aggregate. Coverage shall include Premises and Operations Bodily Injury and Property Damage; Personal and Advertising Injury; Blanket Contractual Liability; Products and Completed Operations Liability per policy terms, conditions and exclusions. The Consultant also agrees to maintain at its own expense a single limit or combined limit automobile liability insurance and excess umbrella liability policy or policies insuring owned, non -owned and hired vehicles used by the Consultant to perform services under this Agreement. The automobile liability coverages shall provide limits of not less than $1,000,000 combined single limit per accident for bodily injury and property damage. The City shall be named Additional Insured for the above liability policies. The Consultant further agrees to maintain at its own expense statutory worker's compensation coverage together with Coverage B, Employer's Liability limits of not less than $500,000 for Bodily Injury by Disease per employee, $500,000.00 for Bodily Injury by Disease aggregate and $500,000 for Bodily Injury by Accident. The Consultant also agrees to maintain at its own expense Professional Liability Insurance coverage insuring the Consultant against damages to the extent caused by the negligent act, error or omission in the performance of professional services required by this Agreement. The professional liability insurance coverage shall provide limits of not less than 3 536103v2 RHB NM745-2 Packet Page Number 99 of 334 G6, Attachment 1 $2,000,000 per claim and an annual aggregate of not less than $2,000,000 on a claims - made basis. Prior to commencement of this Agreement, the Consultant will provide the City with certificates of insurance, showing evidence of required coverages. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be canceled for any reason except non-payment of premium, until at least 30 days' prior written notice has been given to the City. The City may also require a current copy of certificates of insurance at the time of entering into any supplemental agreement. 11. Assignment. Neither the City nor the Consultant shall assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law or as expressly provided herein. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this section shall prevent the Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the services hereunder. Any assignment in violation of this provision is null and void. Notwithstanding the above, the City may assign this Agreement to another public entity associated with the City. 12. Copyright and Licensing. Provided that the Consultant has received all payments properly due under this Agreement and any supplemental agreement, the deliverables prepared by the Consultant for the City shall become the property of the City. This conveyance shall not deprive the Consultant of the right to electronic data or other reproducible copies of the deliverables or the right to reuse information contained in them in the normal course of the Consultant's professional activities. Reuse or modification of the Consultant's deliverables in any manner, or authorization of reuse or modification by others, without the Consultant's professional involvement will be at the City's sole risk and without liability to the Consultant. The City shall indemnify and hold harmless the Consultant, its consultants and agents and employees, or any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees arising out of the unauthorized reuse of the deliverables, whether such claims are brought in breach of contract, breach of warranty, negligence or other tort or otherwise. To the extent that the deliverables include design elements, notes, terms or details that are developed by the Consultant, or its consultants, in the course of their respective practice(s) as part of the standardized body of professional knowledge of the respective firm(s), then the Consultant, or its consultants, shall retain the ownership of all intellectual property related to such design elements, notes, terms, or details; provided, however, that neither the Consultant nor its consultants may utilize aspects of the deliverables or design components in the context of any other project to the extent that such utilization would produce aproject with substantially similar distinctive features taken as awhole. However, M 536103v2 RFM MA745-2 Packet Page Number 100 of 334 G6, Attachment 1 the Consultant grants the City a perpetual, non-exclusive, royalty free license to use such details, specifications, and plans. 13. Independent Contractor. The Consultant shall be deemed an independent contractor. The Consultant's duties will be performed with the understanding that the Consultant has special expertise as to the services which the Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. All required equipment and personnel shall be provided or contracted for by the Consultant. The manner in which the services are performed shall be controlled by the Consultant; however, the nature of the services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. The Consultant is not to be deemed an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided herein or any supplemental agreement. All services provided by the Consultant pursuant to this Agreement shall be provided by the Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to, income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 14. Compliance with Laws. The Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date the Consultant provides the applicable services detailed in any supplemental agreement. 15. Entire Agreement. This Agreement constitutes the entire agreement between the City and the Consultant and supersedes any other written or oral agreements between the parties. This Agreement can only be modified in writing signed by the City and the Consultant. Notwithstanding the above, the parties may enter into supplemental agreements in the future regarding specific project and this Agreement shall be considered modified as necessary to be consistent with any such supplemental agreement. 16. Third Party Rights. The parties to this Agreement do not intend to confer on any third party any rights under this Agreement. 17. Force Majeure. The Consultant shall not be liable for failure to perform this Agreement or meet any schedule of performance of services to the extent that such delay or impediment arises solely from causes beyond the control and without the fault or negligence of the Consultant. Examples of such causes include but are not limited to, acts of God or of the public enemy, fires, floods, pandemics or epidemics, quarantine restrictions, strikes or labor actions, boycotts, freight embargoes, and unusually severe weather. 18. Dispute Resolution. The City and the Consultant agree to negotiate all disputes between them in good faith for a period of not less than 30 days from the date of notice prior to exercising their rights under law. The parties thereafter may but are not required to submit disputes to non-binding mediation. 5 536103v2 RHB NM745-2 Packet Page Number 101 of 334 G6, Attachment 1 19. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any actions shall be venued in Ramsey County. 20. Conflict of Interest. The Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Consultant shall advise the City and either secure a waiver of the conflict or advise the City that it will be unable to provide the requested services. 21. Data Practices Act Compliance. Any and all data provided to the Consultant, received from the Consultant, created, collected, received, stored, used, maintained, or disseminated by the Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The Consultant agrees to notify the City within three business days if it receives a data request from a third party. This section does not create a duty on the part of the Consultant to provide access to public data to the public if the data are available from the City, except as required by the terms of this Agreement. These obligations survive the termination of this Agreement. 22. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 23. Remedies. In the event of a termination of this Agreement by the City, the City may complete the services either by itself or by contract with other persons or entities, or any combination thereof. In the event of a breach of this Agreement by the Consultant, the foregoing remedies shall not be exclusive. The City shall be further entitled to exercise any one or more other legal or equitable remedies available because of the Consultant's breach. 24. No Discrimination. The Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. 25. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 Attn: City Manager with a copy to: City of Maplewood 1902 County Road B East D 536103v2 RFM MA745-2 Packet Page Number 102 of 334 G6, Attachment 1 Maplewood, MN 55109 Attn: Director of Public Works Consultant: Wold Architects and Engineers 332 Minnesota Street, Suite W2000 Saint Paul, MN 55101 Attn: John McNamara or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 29. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute but one and the same instrument. 30. Recitals. The City and the Consultant agree that the foregoing Recitals are true and correct and are fully incorporated into this Agreement. 7 536103v2 RI -IB NM745-2 Packet Page Number 103 of 334 G6, Attachment 1 IN WITNESS WHEREOF, the City and the Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. THE CITY Date: 536103v2 RFM MA745-2 Packet Page Number 104 of 334 Marylee Abrams Mayor Date: By: Melinda Coleman City Manager Date: THE CONSULTANT By: Its: Date: 536103v2 RFM MA745-2 Packet Page Number 104 of 334 A MAPLEWOOD FIRE STATION Request for Qualifications Needs Assessment and Design Recommendations Wold, September 13, 2019 G6, Attachment 2 September 13, 2019 City of Maplewood ATTN: Michael Mondor Chief of EMS City of Maplewood 1830 County Road B East Maplewood, MN 55109 RE: Request for Qualifications — Maplewood Needs Assessment and Design Recommendations Dear Chief Mondor: Wold Architects and Engineers is pleased to respond to the City of Maplewood's request for Qualifications for the Needs Assessment and Design Recommendations Project. As the architect for recent studies for fire station replacement projects for the cities of Cottage Grove, Minnetonka and Burnsville, we are passionate advocates for public safety projects. Wold Architects and Engineers has worked for over 50 years helping municipalities realize their facility goals. Our expertise in the planning and design of fire stations, as well as other related public safety facilities, makes us the best fit to partner with you on determining the right solution for your community. Our recent relevant experience includes projects just like yours: • City of Cottage Grove – New Central Station • City of Minnetonka – New Fire Station • City of Burnsville – Station No. 1 Replacement • City of Richfield – City Hall/ Police/ Fire Station • City of Faribault – Fire Station Renovation • City of Minneapolis – Emergency Operations Training Facility Our creative and expert team is prepared to assist you in implementing your project and I know that Wold can and will exceed all expectations for service and responsiveness. As you read through our proposal you will not only see the depth of our experience, but also our passion for helping our clients be successful. We are excited to submit the following proposal and would welcome an opportunity to present to you our expertise, approach and commitment to your success. Sincerely, Wold Architects and Engineers John McNamara, AIA LEED AP Partner -in -Charge Wold Architects and Engineers 332 Minnesota Street, Suite W 2000 St. Paul, MN 55101 651 227 7773 I woldae.com Packet Page Number 106 of 334 PLANNERS ARCHITECTS ENGINEERS G6, Attachment 2 Packet Page Number 107 of 334 G6, Attachment 2 Packet Page Number 108 of 334 4.1 1 FIRM DESCRIPTION FIRM DESCRIPTION WOLD ARCHITECTS AND ENGINEERS services wold offers I Long -Range Planning, Strategic Facility Planning, Pre -Design Program & Verification, Space Adequacy Evaluation, Site & Facility Analysis, Interior Design & Space Planning, Architectural Design, Contract Documents, Security Analysis, Color & Material Selection, Sustainable Design, Mechanical & Electrical Engineering, Cost Estimating & Management, Quality Review, Bidding & Contract Review, Best Value Procurement, Comprehensive Construction Administration, Project Close Out & Archiving, Continuous Post - Occupancy Follow -Through, Utility Tracking & Analysis Wold Architects and Engineers G6, Attachment 2 main contact John McNamara, AIA, LEED AP Partner -in -Charge c 612 382 7224 jmcnamaxa@woldae.com firm location 332 Minnesota Street, Suite W2000 St. Paul, MN 55101 t 651 227 7773 1 f 651 223 5646 www.woldae.com length of time in business 51 years legal status Corporation ownership Privately Owned office locations I Minnesota, Illinois, Colorado about us For over 50 years, Wold has been committed to delivering exceptional, long-term service to public sector clients who dedicate their work to their communities. With client service as a focus, we take a long-term posture of keeping our clients' interests as our goal. We believe our role is much more than just a facility designer. Because facility issues are ongoing, we offer our continuing support from initial space needs analysis, through design and construction project, continuing through post -occupancy. Today, we continue to practice the core values established by our founding leadership: • Highly satisfied clients • Develop and mentor future leaders • Focused market sectors • Unique approach for each client staff counts NAT'L MN Registered Architects 44 18 Graduate Architects 119 81 Registered Engineers 14 9 Graduate Engineers 54 48 Interior Designers 8 7 Administrative Support 32 29 Total 271 192 Packet Page Number 109 of 334 G6, Attachment 2 Packet Page Number 110 of 334 G6, Attachment 2 4.2 1 KEY PERSONNEL PROPOSED TEAM ORGANIZATION CITY OF MAPLEWOOD about this team The proposed team that would work on implementing your project is the same team that has worked on implementing many similar public safety projects. Because of their recent relevant experience on similar projects, this team is well aligned with your key objects to help you be successful. Our mechanical and electrical engineers are in-house to provide additional benefit to you during the study process. All of our consultants have long-standing relationships with Wold and would be included in our design fee, as well as any additional consultants we may find necessary to assist with key project issues. availability statement All team members are available to begin work on the project upon notification of our selection. Wold works diligently to manage our workload to the number of staff employed at any time. We understand that our workload needs to match our availability in order to provide our clients with exceptional service, quality, and experience. 2 Wold Architects and Engineers john m c n a m a ra I Partner -in -Charge jake wolensak I Project Manager paige sullivan I Lead Planner jonathan loose I Mechanical Engineer brad ley johannsen I Electrical Engineer Plus over 200 dedicated professional 6- administrative team bkbm engineers I Structural Engineering a n d e r s o n -j o h n s o n& assoc. Civil Engineering & Landscape Design loeffler construction & consulting I Cost Estimating Packet Page Number 111 of 334 0 PARTNER -IN -CHARGE JOHN MCNAMARA, AIA, LEED AP university of california I BS,Architecture As Partner -in -Charge, John is responsible for governmental facility planning and design projects. He has a great depth of experience in new facility planning. John has special expertise in working with municipal clients to understand their needs for operational objectives while navigating the political environment for municipal facilities, ensuring expectations are met. John brings more than 25years of experience designing public facilities with Wold to the team, and will provide excellence in leadership and professional service through his energy and passion for your success. Packet Page Number 112 of 334 G6, Attachment 2 4.2 1 KEY PERSONNEL city of alexandria New Police Station city of brooklyn park Police Station Master Plan Police Station Addition/Remodel Fire Station Master Plan city of burnsville Police/Fire/City Hall Space Needs Assessment Fire Station No. 1 Replacement city of cottage grove Public Safety/City Hall Facilities New Fire Station city of faribault New Police Station New Fire Station Study Fire Station Renovation city of farmington Campus Master Plan City Hall Police Station Fire Station No. 2 city of hutchinson Hutchinson Area Transportation Service City Hall Community Event Center Police, Fire & City Hall Master Plan city of lakeville Police Department Space Needs Analysis New Police Station city of minnetonka Public Safety Facility Study Police and Fire Station Addition and Renovation city of new ulm City Hall Remodeling city of owatonna Historic Fire Station city of prior lake New Police Station New City Hall city of richfield City Hall/Fire/Public Safety Facility city of stillwater Police Station Master Plan city of st. paul Police Headquarters Renovation excelsior fire district Bunk Room Renovation city of woodstock Public Works Facility Maplewood Fire Station, Needs Assessment and Design Recommendations 3 4.2 1 KEY PERSONNEL G6, Attachment 2 LJ .� PROJECT MANAGER LEAD PLANNER JAKE WOLLENSAK, AIA university of minnesota Bachelor of Architecture university of minnesota Masterof Architecture As the Project Manager, he will be Wold's point person to lead our team to analyze, plan and design the improvements that will be inspiring for its staff and durable and efficient for its owner. excelsior fire district Bunk Room Renovation city of cottage grove New Central Fire Station city of faribault I Fire Station Renovation city of minnetonka Public Safety Building Addition and Renovation city of hutchinson Public Safety Master Plan city of brooklyn park I Renovations and Additions of the Police Headquarters, City Hall Master Plan, Zanewood Community Center 4 Wold Architects and Engineers PAIGE SULLIVAN university of wisconsin BS, Architecture university of minnesota Master of Architecture Paige works with clients to define their needs by planning with functional relationships as a guide. Paige will be responsible for developing interior design for all projects throughout your facility She will also work with your team to develop options, analyze impacts, and provide benefit analysis for workplace strategies. city of cottage grove I Station 1 Replacement city of minnetonka I Public Safety& City Hall Space Needs Assessment, Police and Fire Addition and Renovation city of coon rapids I Facilities Space Needs Assessment city of sartell I Fire Station, Police Station city of minnetonka I New Central Station excelsior fire district I Bunk Room Renovation Packet Page Number 113 of 334 ldnt—nmffw=—� G6, Attachment 2 4.2 1 KEY PERSONNEL MECHANICAL LEAD JONATHAN LOOSE, PE, LEED AP valparaiso university I BS, Mechanical Engineering Jonathan offers a systems coordination viewpoint to the planning and implementation phases. He will develop and manage a detailed schedule of progress milestones and track when critical decisions are necessary. Jonathan's leadership promotes a balance of common sense engineering with effective space planning and potential costs. city of minnetonka I Police and Fire Addition and Renovation city of cottage grove I Replacement Fire Station city of burnsviIIe I Police and City Hall Renovation city of carver New City Hall city of hopkins City Hall Master Plan dakota county Northern Service Center ramsey county New911 Facility, 911 Needs Assessment Packet Page Number 114 of 334 ELECTRICAL LEAD BRADLEY JOHANNSEN, PE, LEED AP university of iowa I BS, Electrical Engineering Bradley will work with the City of Maplewood throughout the design process. He ensures quality through all phases of construction and guarantees uninterrupted service delivery for the life of the facility through efficient and reliable power systems. Bradley's experience in the public sector gives him a deep understanding of the high level expectations of sustainable and seamless electrical systems. city of minnetonka I Police and Fire Addition and Renovation city of cottage grove I Replacement Fire Station city of b u r n sv i l le I Space Needs Assessment, Police and City Hall Renovation city of carver I New City Hall city of minneapolis I Emergency Operations Training Facility, Facility Emergency Generator city of new ulm City Hall Remodel, Public Utilities city of waseca Federal Bureau of Prisons Facility Maplewood Fire Station, Needs Assessment and Design Recommendations 5 G6, Attachment 2 Packet Page Number 115 of 334 IIIIIIIIIII�III ��� ��� Packet Page Number 116 of 334 G6, Attachment 2 G6, Attachment 2 4.3 1 PROJECT EXPERIENCE CLIENT -CENTERED EXPERIENCE we know cities Wold has worked with a variety of municipal clients, both large and small. We understand the issues that today's municipalities face, and we respond by helping our public sector clients to plan the most effective facility solutions. Our most recent and relevant projects are featured on the pages that follow. city of alexandria city of golden valley city of novi, mi Police Station Municipal Facilities Assessment Police Gun Range Assessment Analysis city of annandale city of brooklyn park city of oak grove City Hall Police Station Planning Fire Station No. 2 Library Addition Police Station Addition/Renovation city of olivia Fire Station Long -Range Plan Fire Station Master Plan Police Department Study Long -Range Plan/Facility Analysis city of hutchinson city of owatonna city of berwyn, it City Hall Remodel Fire Station Renovation New Fire Station Event Center Joint Law Enforcement Center Remodel Historic Fire Station Addition Vehicle Service Center Master Plan city of prior lake cit of Burnsville Y Farmer's Market Pavilion Police, City Hall Campus Master Plan Police/Fire/City Hall Space Needs Fire Master Plan New Police Station Assessment city of inver grove heights New City Hall Police and City Hall Remodeling Space Needs Study city of red wing and Additions Joint Law Enforcement Center Station No. 1 Replacement city of jackson city of redwood falls city of circle pines Airport Arrival and Departure Building Resource Center: Library and Senior Community Center City Hall Center Community Center Addition city of cottage grove city of kimball city of richfield New City Hall and Public Safety Facility City Hall Facility Master Plan City Hall, Police Station, Fire Station Fire Station Master Plan lake in the hills, it city of royal oak, mi New Fire Station Public Works Facility Addition Fire Station Farmers Market Addition city of dekaIb, iI city of lakeville Public Water Works City Hall Addition and Renovation Police Space Needs Study city of Shelby, mi Public Works Facility Remodel New Police Station Public Works Community Center Space Analysis Heritage Center Long -Range Space Needs Analysis city of litchfield city of south st. paul Police Renovation Master Plan Central Square Community Center dekalb township, it Joint Law Enforcement Center city of st. cloud Township Office Renovation/Addition city of minneapolis Joint Law Enforcement Center Cold Storage Building EOTF Training Facility Administration Facility Fire Station Remodelings city of st. paul city of east dubuque, it city of minnetonka Police Headquarters Renovation East Dubuque District Library Public Safety Facility Study City Hall Renovation, City Hall Annex city of excelsior Police and Fire Facility city of paul park Ci Hall Space Needs Stud City Y P Public Safety Master Plan Police New Police Stt ation, Fire Station cit f faribault Y o city of mounds view city of sterling heights, mi Feasibility Study for a New Police Station Community Center and City Hall Fire Station No. 5 Joint Law Enforcement Center Renovation Senior Center Fire Station Remodel city of new hope city of stillwater city of farm ington Police and City Hall Needs Assessment Police Expansion Study Campus Master Plan New Police Station Police Station Remodeling New Police Station New City Hall city of waconia Public Works city of new ulm Community Center Renovation New Fire Station Ci Hall Historic Renovation excelsior fire district Fire Station Master Plan village of north aurora, it Station 1 and 2 Bunk Room Remodel Police Station Wold Architects and Engineers Packet Page Number 117 of 334 G6, Attachment 2 4.3 1 PROJECT EXPERIENCE PUBLIC SAFETY / CITY HALL / FIRE STATION RICHFIELD, MINNESOTA total sf 1 105,000 sf project cost 1 $22.8 M completion 1 2011, 2017 project type I New facility owner, address, contact Pam Dmytrenko, Assistant City Manager 6700 Portland Ave, Richfield, MN 55423 612 861 9708 Wayne Kewitsch, Fire Chief 6700 Portland Ave, Richfield, MN 55423 612 243 4500 architect, address, contact Wold Architects and Engineers 332 Minnesota Street, Suite W 2000 St. Paul, MN 55101 651 227 7773 Wold was selected to work with the City of Richfield on a preliminary program and schematic design for a new Fire Station, Police Station, and City Hall The new facility was constructed on the existing site, with the existing Fire Station remaining operational until completion. The Public Safety and City Hall Facilities and the adjacent residential neighborhood are situated along the busy Portland Avenue corridor. The design gave special consideration to segregation of both traffic and parking of staff, Police, Fire, and visitors to ensure safe and efficient vehicular egress. Another emphasis of this project is the synthesis of municipal functions within the park district amenities which share the balance of the site. The City continues to request our assistance in improving the solution. Recently we assisted in renovating the fire station lobby to better serve the public coming into the facility. Maplewood Fire Station, Needs Assessment and Design Recommendations 7 Packet Page Number 118 of 334 G6, Attachment 2 4.3 1 PROJECT EXPERIENCE CITY OF COTTAGE GROVE CENTRAL FIRE STATION COTTAGE GROVE, MINNESOTA total sf I 32,000 sf project cost $9 M completion March 2018 project type Newfacility owner, address, contact Rick Redenius, Fire Chief 8641 80th Street S, Cottage Grove, MN 55016 651 458 2855 architect, address, contact Wold Architects and Engineers 332 Minnesota Street, Suite W 2000 St. Paul, MN 55101 651 227 7773 8 Wold Architects and Engineers Wold Architects and Engineers was hired by the City of Cottage Grove to perform a comprehensive Master Plan that looked at consolidation of two fire stations in to one central station. The purpose of the study was to analyze current space utilization, determine need and assess the condition of their existing facilities. The study also considers changes in operations from a paid -on-call duty crew to a full time duty crew housed at the station. Wold worked together with City staff and fire staff to develop Guiding Principles that included: • The facility should meet the needs of today and for 15-20 years • The facility should reflect the history of the community • The facility should be user friendly and welcoming to the community To arrive at the recommendation, the group considered: • Current and future operations • Growth and needs analysis Packet Page Number 119 of 334 G6, Attachment 2 4.3 1 PROJECT EXPERIENCE CITY OF BURNSVILLE FIRE STATION NO. 1 SPACE NEEDS ASSESSMENT BURNSVILLE, MINNESOTA total sf I 31,000 sf project cost 1 $12 M completion I November2016 project type I Newfacility owner, address, contact B.J. Jungmann, Fire Chief 911 140th St. W Burnsville, MN 55337 952 895 4571 architect, address, contact Wold Architects and Engineers 332 Minnesota Street, Suite W 2000 St. Paul, MN 55101 651 227 7773 Packet Page Number 120 of 334 The City of Burnsville hired Wold Architects and Engineers to perform a comprehensive space needs assessment to identify the best long-term solutions for city services. The design team collaborated with the fire department to address space deficiencies and determine the best solution to accommodated future growth, adequate space for training and emergency operations. The plan calls for a 31,000 sf facility that includes administrative office space for the on-site duty crew and captain, training space for 50, as well as living and sleeping space for the full-time crew with kitchen and dining spaces. The facility includes 10 apparatus bays for fire vehicles with the associates spaces for turn -out gear, SCBA, gear wash, maintenance and storage. Maplewood Fire Station, Needs Assessment and Design Recommendations 9 G6, Attachment 2 CITY OF FARI BAU LT FIRE STATION RENOVATION FARIBAULT, MINNESOTA total sf I 4,500 sf project cost 1 $657,000 completion I August 2016 project type I Renovation owner, address, contact Dustin Dienst, Fire Chief 122 2nd St NW, Faribault, MN 55021 507 333 0396 architect, address, contact Wold Architects and Engineers 332 Minnesota Street, Suite W 2000 St. Paul, MN 55101 651 227 7773 10 Wold Architects and Engineers Wold Architects and engineers was selected by the City ofFaribault to help them study the condition of their existing Fire Station, and to determine planning solutions to upgrade their administration and living spaces within the fire station. At the completion of the planning phase, Wold continued with the design for renovations of the facility. Key design factors included: • Co - location of all administration spaces on one floor • Upgraded living space, dayroom and kitchen facilities • New locker rooms and showers for staff • New secure public safety entry with access to handicap restrooms for visitors • Upgraded training and fitness facilities The project was bid and completed under budget and on-time. Packet Page Number 121 of 334 G6, Attachment 2 4.3 1 PROJECT EXPERIENCE MINNEAPOLIS EMERGENCY OPERATIONS TRAINING FACILITY MINNEAPOLIS, MINNESOTA total sf I 23,200 sf project cost I $7.2M completion 1 2011, 2012 project type I Master Plan/New Facility owner, address, contact John Fruetel, Fire Chief 25 37th Ave NE, Minneapolis, MN 55421 612 673 2648 architect, address, contact Wold Architects and Engineers 332 Minnesota Street, Suite W 2000 St. Paul, MN 55101 651 227 7773 After the collapse of the I-35WBridge in 2007, the city of Minneapolis felt an acute need for a modern training facility for emergency operations. Wold was charged with developing a master plan for the Fire Department Training Campus to initially include construction of offices for the Fire Department's Training Division and Training Classrooms to be multi - used as an Emergency Operations Center. Through the design process and allocation of sufficient funding, a Strategic Information (Fusion) Center was added to the design to provide a source of "always on" information for the FOC. A future vehicle storage garage was designed and constructed in 2012 for the state's Task Force 1 regional asset equipment. This garage not only serves as critical collocated storage for equipment that was once scattered throughout the city, but also serves as an apparatus bay simulation for training. Maplewood Fire Station, Needs Assessment and Design Recommendations 11 Packet Page Number 122 of 334 G6, Attachment 2 4.3 1 PROJECT EXPERIENCE CITY OF MINNETONKA PUBLIC SAFETY FACILITY MINNETONKA, MINNESOTA total sf I 41,000 sf project cost 1 $25 M completion I Spring 2020 (estimated) project type I New Facility owner, address, contact John Vance, Fire Chief 14550 Minnetonka Blvd. Minnetonka, MN 55345 952 939 8333 architect, address, contact Wold Architects and Engineers 332 Minnesota Street, Suite W 2000 St. Paul, MN 55101 651 227 7773 12 Wold Architects and Engineers Wold Architects and Engineers was hired by the City of Minnetonka to perform a comprehensive public safety study that included the police station and the fire station. The purpose of this study was to analyze current space utilization, determine need, and to assess the condition of their existing facilities. The study was also to consider modern police and fire operations and allow for flexibility for changes in service delivery. Wold worked together withe the police chief, fire chief, and other city staff, to develop guiding principles that included: • Focus on function and operations • Sustainability (long-term use) • Value without compromise to the civic center campus • Community pride • Personnel recruitment and retention This station is currently in design with construction starting in the spring of 2019. Packet Page Number 123 of 334 G6, Attachment 2 Packet Page Number 124 of 334 G6, Attachment 2 4.4 1 PROPOSED SCOPE & COST COST BREAKDOWN fee structure Wold proposes establishing a fixed fee at the project onset. For Concept Planning like this, we have evaluated the effort involved and have broken down the fee based on the tasks outlined in our response. We believe by establishing a fixed fee for each project, based on an agreed scope of services, we eliminate the potentially negative dialogue that often happens regarding extra services. You will find that once we agree on a fee, our services for you will go well beyond what other firms will provide. Our commitment to you is to agree on a fixed fee and to not request additional fees unless the scope of the project changes significantly. break down by scope tasks cost by step 1 teaming / communication $1,000 2 data gathering / preparation $3,000 3 confirm data / departmental meetings $4,000 4 planning and programming $3,000 5 options development / budgeting $5,000 b summarize findings / documentation $1,000 TOTAL NOT -TO -EXCEED AMOUNT $17,000 additional fee Your scope of work referenced a traffic study. We have found the cost for these varies depending on the site selected and the complexity of the existing roads and traffic patterns. The cost for this is excluded from our above fee, but we would negotiate this as an additional fee and believe this would be between $10,000 and $15,000. We are also happy to solicit a proposal on your behalf and the City could pay this as a direct expense if needed. reimbursable expenses Customary reimbursable expenses would be in addition to our fixed fee. For studies like this one, we estimate our reimbursable ex- penses would be around $500 to $1,000. Customary reimbursable expenses include: • Mileage in Connection with the Work • Printing and Copying • Phone Charges • Postage and Mailing • Reprographics 13 Wold Architects and Engineers Packet Page Number 125 of 334 G6, Attachment 2 Packet Page Number 126 of 334 4.5 1 OTHER RELEVANT INFORMATION PROJECT UNDERSTANDING The City of Maplewood recently completed a comprehensive review and evaluation of their fire station locations and operations. This study indicated a need to replace an existing fire station and close another. The City is interested in hiring an architectural firm to provide a needs assessment that would include building programming concept studies, project scheduling, and budgetts for the consolidation of the two stations. As part of the needs assessment, we would evaluate the following: • Site evaluation, analysis and selection • Geotechnical and structural studies • Traffic studies • Existing building considerations • Programming • Conceptual studies • Blocking and stacking diagrams • Project scheduling • Project budgeting To achieve these goals, the following are processes which will center on our philosophy of focusing on your mission: a participatory planning process • We listen carefully • All interests have input and all options are explored • Ownership of the outcome is achieved • The outcome is an effective facility that is highly functional and aesthetically pleasing • The community has ownership of funds well spent a space needs analysis process • We begin with a firm foundation of your previous efforts • We listen and will work with you to establish project goals, objectives and guiding principles • We will explore options and develop solutions • The outcome is a solution that meets the established criteria and budget a design process • Designing for the City of Maplewood community vision • Developing site criteria and options for selection • Determining appropriate traffic flow and access • Designing for flexible workplace solutions that enhance response time and worker safety • Incorporating common sense sustainable solutions into the facility solution 14 Wold Architects and Engineers G6, Attachment 2 a sustainable design process • In-house engineering expertise to lead you through systems life cycle decisions • Discussions regarding all of the metrics and outcomes to tailor a strategy to your needs and desires a cost management process • Helps manage total project cost • Starts with our previous budgeting efforts and confirms building construction cost and all related costs for site and building fit -out • A proactive approach to cost management during all phases of design With our focus on public sector projects, we know that developing a perfectly functional, on-time, on -budget facility is only a pre -requisite. To ultimately be successful, every project needs ownership from its stakeholders. To us, this means not only contributing our expertise from all of our previous fire station projects, but it also means facilitating a process where we engage all stakeholders and actively listen to their needs and are able to incorporate them into the project. We have developed a process which gains the involvement of elected officials, city leadership, staff who use the facility and, most importantly, the community and neighborhood who will call Hudson Fire Station their own. We are very proud of the unique facility responses to each design challenge we are faced with. public engagement Public facilities are funded by public tax dollars and need to ensure the responsible use of those taxes. We understand the need to communicate with all stakeholders, from the City Council to administration, staff, and the community. A great deal of our process as public architects involves input from stakeholders that will affect project outcomes. In addition, with a high-profile municipal project such as yours, we recommend a concerted and thoughtful approach to public relations. We plan to make sure the team communicates with the public, ensuring ownership in your project outcomes as well as transparency with your stakeholders. Wold's breadth of experience in exactly these kinds of projects means we can help you understand the implications of your decisions long before they are implemented. We will work with all levels of the city to ensure all voices are heard, and that information is communicated back about the projects. Packet Page Number 127 of 334 G6, Attachment 2 4.5 1 OTHER RELEVANT INFORMATION PUBLIC SAFETY ANALYSIS OUR APPROACH Maplewood Fire Station, Needs Assessment and Design Recommendations 15 Packet Page Number 128 of 334 teaming Begin collaboration discussion with city project leaders regarding expectations, goals, past findings, political issues, etc. To establish clear understanding and facility open, clear lines of communication. planning process data gathering Assemble pre-existing data on building floor plans, building usage, and utility data. Augment data with site visits and documentation of existing conditions as part of our facility analysis process. GATHER DATA confirm data and create facts Re -check and confirm data, establish baseline facts. analyze facts and agreed-upon needs CONFIRM DATA Identify trends, facility, financial or political scenarios which will require a facility response. Develop agreement on size and scope of need. program development DEVELOP FACTS/ The finite set of space needs will create the facility response options. AGREED UPON NEEDS analyze impacts to options and costing Collaborate with facility users in the analysis of each facility response to related issues: %_0 vir AKt AOAiNb i BUILDING PROTOTYPES 0 Operational costs • Construction costs • Neighborhood impact • Stakeholder investments OPTIONS DEVELOPMENT Municipal impact • Facility condition B • Others A C D analyze advantages and disadvantages The Wold team and city leadership collaboration on possible real and ANALYZE IMPACTS, perceived advantages and disadvantages to each facility response. Outreach to COSTING, ADVANTAGES site-based and/or community with open forum to seek additional advantages/ DISADVANTAGES ' disadvantages input. fJ summarize findings Summarize and simplify findings into concise, legible reports to allow for easy SUMMARIZE F I N D I N G c understanding of facts. Review with project leader for suitability and context. multi-level presentation Prepare presentation material(s) for various report needs including city council, administration, web site, community meetings, etc. Interaction with PRESENTATION city council to further gather input and reaction to findings and options. revisions based upon broader input Upon further input and confirmation, final report would be drafted to reflect discussions and conclusions. Publish and document final reports as directed by the city. Maplewood Fire Station, Needs Assessment and Design Recommendations 15 Packet Page Number 128 of 334 G6, Attachment 2 4.5 1 OTHER RELEVANT INFORMATION PARTICIPATORY PLANNING PROCESS FOR MAPLEWOOD FIRE DEPARTMENT participatory planning process The goal of the Wold team is to make the entire process of planning for public facilities predictable and enjoyable. Our approach to needs assessment includes a process for engaging the users and supervisors in an interactive process that produces a high level of ownership of the final solution. Preliminary and validation meetings assure that all needs are accurately defined and any policy issues are identified early on. The final document is crucial to the success of the facility design. The final outcome of this phase will be a one -of -a -kind solution for the Maplewood Fire Department and the greater community. Our user -specific product is a cut above traditional programming documents that often simply produce room data sheets. Our space needs studies are structured as "dialogue documents" illustrating the interface between organizational structures and the resulting space implications. The documents are clearly written and highlight the decision making criteria and process used to identify the key design issues. These provide a clear method for delivery of new facilities. this process answers these fundamental questions: • How big should the spaces be? • How much future expansion should be anticipated and when will it be needed? • How much future expansion should be built-in versus added later? • What operational / long-term staffing model is desired? • What are your goals for sustainability? • How will emerging technology impact infrastructure needs? • How will emerging management structures impact space needs? • How much should be budgeted for today? For tomorrow? FACILITIES FIRE CITY CORE BUILDING/ PLANNING PLANNING/ COUNCIL GROUP ZONING CITY OTHER ADMIN. STAKE- HOLDERS 16 Wold Architects and Engineers The Wold team believes that successful facilities are those that include a great deal of participation that engages building users, staff, and the community. Wold has developed a "Participatory Planning Process" to make this planning and programming effort come to life. Since the average lifespan of any public facility in America. is 40-50 years, serious planning efforts must seek to anticipate future growth and changes in how you deliver services. We bring our broad experience in municipal design to you and will assist you in assessing future growth by analyzing present and anticipated management goals, researching local demographics and assessing trends. core planning group The Core Planning Group consists of key decision makers who would work to evaluate design options using criteria established by the group, prior to recommendation to the City Council for approval. Among the issues that the Core Planning Group will decide when presented recommendations by the Wold team: • Project objectives • Needs list • Functional options guidelines for a successful participatory planning process • Core Planning Group requests information from input givers; input givers' role is for input, not consensus decision • The more efficient the Core Planning Group, the faster the project can develop • We understand the importance of giving your departmental staff a voice in solutions while still maintaining the overall objectives and budget of the project our unified planning & design approach ensures input from all stakeholders We meet with your stakeholders, on their schedules, to determine needs and desires for each individual space being planned, from room organization and orientation, down to the smallest details, like storage types, electrical outlet placement and door hardware. This input is clearly documented and distributed to all participants, then directly transmitted to the Core Planning Group's review. We will continue to ask questions to understand the functional and operational relationships of all of the City's departments. Working with the Core Planning Group, we will use this information to find the optimum organization of departments through all phases of the study. Packet Page Number 129 of 334 G6, Attachment 2 4.5 1 OTHER RELEVANT INFORMATION DESIGN FACTORS, FIRE STATIONS FOR FIRE FACILITIES �_P 0 - �m 0 r 0 m 0 - .................. Td� Z �0 -------- - - - - - - mL vehicle dimensions truck turning radii truck turning radii Packet Page Number 130 of 334 detailed fire station expertise Based on our experience working on other fire facilities, and considering operational concerns from our previous fire station projects, the following list represents potential fire station design factors to consider during the design of your new facility. efficient response time • Easy access to firefighters' gear • Easy access to engines, reserve vehicles, hazardous materials response trailer and supporting equipment • Easy access to major city streets • Supports and enhances your ISO rating safety and security • Drive-through apparatus bay reduces obstructed operating sight lines • Careful apron design and vehicle driveways/sight lines promoting clear visibility • Contamination control • Separate zones for decontamination • Enclosed, ventilated rooms for fire gear maintenance and cleaning • Vehicle exhaust systems adequate training spaces • Flexible for various training and meeting uses • Plan for the whole station to be used for training planning for full-time housing in the future • Appropriate sleeping rooms which allow privacy without disruption from other adjacent activities • Provide a day room which promotes firefighter interaction without disruption • Consider day lighting/activities promoting wellness • Consider radiant systems (floor or ceilings) • Vehicle exhaust capture systems design standards • Construct to "Essential Services" standards • Utilize ICC 500 Standards for Storm Shelter • Secure administrative, emergency personnel and equipment areas • Integrating solutions within NFPA standards apparatus bays • Secure, drive-through garages • Rescue vehicles, fire trucks and support vehicles use flexible apparatus bays economy • Derive the most for each dollar spent • Balance operational costs, while providing a quality facility that allows the fire department to continue achieving its public safety mission durability • Room for department expansion and continued community growth • Materials that can withstand 24-hour use • Flexibility in space definition Maplewood Fire Station, Needs Assessment and Design Recommendations 17 4.5 1 OTHER RELEVANT INFORMATION DESIGN FACTORS, FIRE STATIONS FOR FIRE FACILITIES 18 ire -fighting safety precautions often focus on the scene of a fire, but minimizing exposure to lingering carcinogens and other contaminants extends well beyond a fire event. Cancer is an ongoing occupational hazard and concern for fire personnel, with a growing body of research that shows the increased risk for firefighters. A multi-year study of 30,000 firefighters by the National Institute for Occupational Health and Safety found that firefighters had a 9 percent increase in cancer diagnoses and a 14 percent increase in cancer -related deaths compared to the general U.S. population. Despite improvements in personal protective gear, hazards on the scene are growing more aggressive. Increasing use of synthetic building materials over the past 40 years is one contributing factor to fires that burn hotter and faster, with more toxic smoke. The often harmful particles from these blazes and smoke can remain on gear, clothes and skin without proper decontamination practices. "For years, we thought the biggest hazards of firefighting were at the scene of a fire. Now, we're recognizing how important the fire station's environment is to our health," said City of Minnetonka Fire Chief John Vance, who is helping guide the city's efforts to replace its station from 1975 with a new facility. "That's why we made decontamination strategies a design requirement for our new station. If we can improve the quality of the station's environment, that can have a big impact on our department's health." Wold Architects and Engineers G6, Attachment 2 To support firefighter health and safety 24 hours a day, fire departments and city councils are exploring how their fire stations' architectural designs can reduce the risk of exposure to lingering contaminants in the many hours outside of a fire event. Designating different zones within a fire station is an emerging design method to reinforce and support a department's decontamination strategies. This approach can reduce the risk of exposure to contaminants and improve firefighter health and safety, without compromising response time. DEFINING ZONES THROUGHOUT THE FIRE STATION As firefighters move from the apparatus bay into living environments after a call, it's essential to remove contaminants that originated at the scene of a fire. This is best achieved by moving personnel from zones of higher contamination to zones of low to no contamination. Red zones, also called hot zones, have the highest level of contaminants. These are the areas firefighters first enter when they arrive at the station after the scene of the fire, and where dirty turnout gear and equipment is washed. Apparatus bays may be considered red zones when trucks first return to the station, before cleaning. Yellow zones are transition zones that firefighters enter after the red zone. They offer a buffer between red zones and green zones, and a second chance to ensure no contaminated gear enters a green zone. Yellow zones often include showers to remove contaminants from the body. These areas should also contain a hand wash and boot wash stations along the common path of travel between the red and green zones. This helps ensure their use any time someone enters the green zone, regardless of any known exposure to contaminants. Packet Page Number 131 of 334 G6, Attachment 2 4.5 1 OTHER RELEVANT INFORMATION GREEN YELLOW RED ZONE ZONE ZONE FRLE=JJ D Q1= o a Apparatus FFFFH Shower Bay ® ° Room Gear Wash ❑ Dorm Hand Wash/ Room oa Rooms Boot Wash F F Turnout Gear Dayroom / Infrared Sauna / Storage Kitchen Stationary Bike Room Designating different zones within a fire station is an emerging design method to reinforce and support a department's decontamination strategies. Red zones have the highest levels of contaminants, while green zones have low to no contaminants present. Apparatus Bay Gear Wash Room Turnout Gear Storage Room Infrared Sauna / Stationary Bike /Hand Wash/ Boot Wash — Shower Room / Locker Room Hand Wash/ Boot Wash Dorm Dayroom / Kitchen — Packet Page Number 132 of 334 -RED ZONE YELLOW ZONE -GREEN ZONE Green zones have the lowest level of contaminants, and can be free of all contaminants and carcinogens when part of a zoned approach to the station's design. Common green zones include living areas, break rooms, training rooms and administrative offices. Design features help ensure that each zone remains isolated from the other. This can reduce the risk of exposure to contaminants after a fire, during the significant time firefighters spend at the station over long shifts. Maplewood Fire Station, Needs Assessment and Design Recommendations 19 4.5 1 OTHER RELEVANT INFORMATION ISOLATING AND REMOVING CONTAMINANTS IN THE APPARATUS BAY The level of contamination in the apparatus bay can vary widely throughout the day. The bay is often considered a high - contamination red zone when trucks return from the scene of a fire. The contaminant risk is lowered after the trucks are cleaned. Stopping the spread of contaminants and carcinogens often starts with isolating the bay. Vehicle wash bays are a primary design feature to reduce on -vehicle contamination when trucks arrive at a station after a fire. Other important considerations are exhaust extraction systems and the heating, ventilation and air conditioning (HVAC) system. Engines often run as teams prepare to head out on a call. Apparatus bays should include direct -capture systems to eliminate exposure to carbon monoxide fumes from vehicle exhaust. With these systems, a tube or hose connects to a vehicle's exhaust pipe so harmful diesel exhaust does not mix with the air in the garage. The apparatus bay should also have a dedicated HVAC system separate from green zones. This further isolates contaminants and prevents them from entering zones with lower contamination. Recently published results of a Harvard study show the positive impact of isolating apparatus bays from livings areas. The study compared three older fire stations with one newly constructed. The newer station — which better separated the apparatus bay from living areas — had lower levels of potentially harmful particulate matter in living areas than the older stations. 20 Wold Architects and Engineers G6, Attachment 2 Packet Page Number 133 of 334 G6, Attachment 2 4.5 1 OTHER RELEVANT INFORMATION IThe Cottage Grove Fire Department's redesigned fire station includes a green zone with kitchen and living area. RED ZONES OFFER AN IMPORTANT LINE OF DEFENSE AGAINST CONTAMINANTS After exiting the fire truck, firefighters will use a red zone to clean turnout gear. The red zone should be adjacent to apparatus bays and away from green zones so firefighters do not have to pass through cleaner environments to remove gear. The area should include a washer and dryer, and space for temporary gear storage if all gear cannot be cleaned at the same time. The storage space should have negative air pressure so fumes emitted from contaminated gear are unable to enter other areas, and ductwork should pull air from the room and exhaust it outside. Stocking surgical gloves to remove soiled gear helps avoid skin exposure to contaminants. YELLOW -ZONE DESIGN FURTHER LIMITS THE SPREAD OF CONTAMINANTS Yellow zones offer a barrier between red and green zones. Specific design features encourage best practices to avoid the spread of contaminants. The yellow zone should include an area for self -hygiene. Aromatic hydrocarbons and other harmful combustion gases from fires can seep through turnout gear and come in contact with the skin and bloodstream, where they circulate to the kidneys, liver and other organs. This makes it essential for fire personnel to clean their clothing and shower as soon as possible after a fire. Additional yellow -zone features may include a low-temperature infrared sauna and workout room, so toxins can leave the body through Maplewood Fire Station, Needs Assessment and Design Recommendations 21 Packet Page Number 134 of 334 4.5 1 OTHER RELEVANT INFORMATION sweat. A second shower should follow these activities to rinse toxins off the skin's surface. Sealed doorways are an important design factor to limit cross -contamination between zones. Self-closing doors are a popular option, and a smoke -seal gasket around the door system ensures no air moves through cracks. Materials in the yellow zone should be durable and easy to clean. Laminate or tile flooring is preferred over carpet. Signs should be posted on both sides of entryways to remind personnel to double check for contaminated gear as they enter the different zones. A hand sink and boot wash allow for a final cleanup, if needed, without requiring firefighters to backtrack through a red zone. In addition to a yellow zone that passes from red to green, an additional yellow zone may be set up for firefighters to store clean gear and dress before responding to a fire. To limit the impact on response times, this additional zone can be adjacent to the apparatus bay where clean turnout gear is always available and close to the fire trucks. GREEN ZONES OFFER THE PUREST ENVIRONMENT FOR FIRE PERSONNEL Firefighters and administrative personnel spend most of their working time in green zones. Smart fire station design ensures these areas have the freshest air and lowest levels of contamination. Green areas should have positive air pressure compared to other zones. Because air flows from positive to negative pressures, this ensures any airborne contaminants from yellow and red zones won't seep into the fresh air of living G6, Attachment 2 22 Wold Architects and Engineers Packet Page Number 135 of 334 — 111Ul11 1 I r,R G6, Attachment 2 4.5 1 OTHER RELEVANT INFORMATION ol �, 11 , O I 1 �I) t IThe Cottage Grove Fire Department's reception area and offices are part of the station's green zone. spaces. A dedicated HVAC system separate from other areas is also recommended for air quality. On-site training rooms are another key feature of green zones, and are important for educating fire personnel on the newest practices related to decontamination. Ongoing training can help fire personnel identify risks of contamination and reinforce proper decontamination techniques. WORK WITH FIRE STATION DESIGN EXPERTS TO CREATE SAFER SPACES FOR YOUR DEPARTMENT Decreasing fire station contaminants to improve firefighter health and safety is a growing priority for communities as more is learned about the link between fire - generated contaminants and health. Packet Page Number 136 of 334 The long-term implications are significant to these dedicated professionals that work to keep their communities safe, and extend well beyond the scene of the fire. To meet this need, architecture firms are developing new design approaches to support a department's decontamination practices. Wold Architects and Engineers has decades of experience building and renovating fire stations, and can work with your department to develop a customized zoned approach that limits the risk of contaminant exposure without impacting response time. Maplewood Fire Station, Needs Assessment and Design Recommendations 23 4.5 1 OTHER RELEVANT INFORMATION COST CONTROL BUDGET MANAGEMENT Our reputation relies upon accurate cost estimation and budget management. Our successful methodology approaches budget management as an ongoing task. We believe that the first 20% of the decisions made affect 80% of overall cost. With public funding involved, we understand the importance of quality estimating from the beginning of the planning and programming phase in assuring cost control and project success when design and construction phases begin. Consulting cost estimators, trend analysis, and internal cost estimators ensure an effective cost benefit analysis starting at the study/pre-planning stage and continuing through all the project phases. The public sector clients we serve require this level of attention in order to effectively manage the public funds involved in the process. We maintain a long-term relationship with our consultant, Loeffler Cost Estimating, who runs detailed cost estimates on the proposed solutions to confirm budget accuracy. This data, coupled with LoefHer's knowledge of local costs, labor base, and other economic trends, will be used as a tool to make decisions, and to ensure your projects are within budget. 24 Wold Architects and Engineers G6, Attachment 2 KEEPING IN CLOSE CONTACT WITH THE CONSTRUCTION COMMUNITY HELPS US RESPOND TO ADJUST PROJECT ESTIMATES. IT IS OUR GOAL TO DESIGN PROJECTS TO MATCH THE BUDGET, GETTING THE CITY THE LARGEST WORK SCOPE THE BUDGET ALLOWS. trends We maintain a file of regional building projects that gets updated quarterly. We have the ability to average gross costs for each specification and relate that cost to a particular building type in the public sector market. staff Our staff will complete detailed material take -offs and cost estimates at intermittent phases. These estimates are checked against the regional trends. experts In addition to the estimates done by Loeffler, during the later stages of Design Development and Contract Documentation, we call on contractors and regional partners to check our numbers and verify costs. This final check assures us that the project is designed to meet the current market and adhere to budgets. We always strive to improve and learn from our bidding experiences. Factors include the often volatile nature of purchasing materials; for example, when the price of copper goes up, so too does electrical wiring and plumbing piping; as steel prices increase, structural steel, sprinkler and heating pipe, and sheet metal ductwork are all affected. Fluctuations in crude oil prices change pricing for construction heating, bituminous, and roofing. As a result of these moving parts, we are continually reviewing these trends, talking with contractors, and adjusting our numbers based on our most recently bid projects. Packet Page Number 137 of 334 WHY WOLD? We greatly appreciate the opportunity to present our firm, our beliefs, and our process for your consideration. everything we do focuses on listening to you to achieve your long-term goals We have no preconceived agenda for what we think your project should be. We believe our job is to ask the right questions to understand all of your needs, and bring innovative solutions to solve those challenges. No other firm has as many tools and processes focused specifically on gaining feedback and input to guarantee your involvement and ownership at every stage of the process. Our services are not limited to a set number of meetings or hours for a given phase or task. They are full service and inclusive of anything necessary to make the project a successful experience for you. Packet Page Number 138 of 334 G6, Attachment 2 4.5 1 OTHER RELEVANT INFORMATION our approach considers the big picture We understand how decisions you make now may limit future opportunities to adapt and change. Our process focuses on asking questions not just for today, but for the future. We work with dozens of public sector clients to give you greater insight on how others are handling similar situations and to inform your decision making process. our focus on building relationships gives us a different motivation When we develop a new relationship, we expect it to last for many years to come. With this in mind, we take a more cautious approach in considering the implications of every step we take and its impact on your community and future stake holders. We don't disappear when the project is over. We intend to be around long after the project is over to help with any on-going issues, future planning initiatives, or facility questions—whatever you might need. WE ARE EXCITED ABOUT THIS OPPORTUNITY. Maplewood Fire Station, Needs Assessment and Design Recommendations 25 minnesota I illinois I colorado G6, Attachment 2 Packet Page Number 139 of 334 G7 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director/City Engineer Audra Robbins, Parks and Recreation Manager Neil Breneman, Recreation Supervisor PRESENTER: Steven Love, Public Works Director/City Engineer AGENDA ITEM: Resolution Accepting Donation from James and Amy Krohn Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Accept a donation from James and Amy Krohn for our youth scholarship fund. Recommended Action: Motion to approve the resolution accepting a donation in the amount of $50.00 from James and Amy Krohn and to authorize the Finance Director to increase the Youth Scholarship Fund budget by that amount: $50.00. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $50.00 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: Donation Strategic Plan Relevance: ✓ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ❑ Operational Effectiveness ✓ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. Donation to youth scholarship fund which helps cover costs of recreation programs for community members that show financial assistance need. Background This donation came in the mail from James and Amy Krohn with a note that read the following: "This is a donation for girl's softball in Maplewood in memorial to Christine O'Brien of Maplewood. Please use it as you see fit." We feel this would be great to put this towards the Youth Scholarship Fund as it would assist someone with a financial hardship and hope that would be a fitting use for a memorial donation. Attachments 1. Resolution Accepting Donation Packet Page Number 140 of 334 G7, Attachment 1 CITY OF MAPLEWOOD, MINNESOTA RESOLUTION NO. ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Parks and Recreation Department has received a donation of $50.00 in support of the department; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Recreation Department to accept this donation. Adopted this 28th day of October, 2019. Marylee Abrams, Mayor ATTEST: Andrea Sindt, City Clerk Packet Page Number 141 of 334 G8 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman REPORT FROM: Steven Love, Director of Public Works/City Engineer Scott Schultz, Utility/Fleet/Parks Superintendent PRESENTER: Steven Love AGENDA ITEM: Purchase of Three Tilt -Deck Trailers Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ✓ Contract/Agreement ❑ Proclamation Policy Issue: The City of Maplewood's adopted 2019-2023 Capital Improvement Plan (CIP) identifies the replacement of three Tilt -Deck Trailers in 2019. City Council approval is needed to move forward with this purchase. Recommended Action: Motion to approve the purchase of three Tilt -Deck Trailers and direct the Mayor and City Manager to enter into contracts with Titan Machinery under MN State Contract #T-603(5) in the amount of $21,513.70 and Johnson Trailer Company for $6,359.00. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $27,872.70 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: The proposed 2019-2023 CIP identifies $30,000.00 for the replacement of the old units. The cost for this purchase less the estimated auction value for the old units ($7,500.00) is $20,372.70. This is $9,627.30 less than the identified CIP amount. All cost savings will remain in the fleet fund for future purchases. The Finance Director has reviewed the fleet fund balance and there are sufficient funds to move forward with this purchase. Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ✓ Infrastructure & Asset Mgmt. The new replacement trailers will allow the Public Works department to operate efficiently, properly maintain the City's assests and serve the current and future needs of our public works operations. Packet Page Number 142 of 334 G8 Background Currently, the City has three 2001 model year trailers that are in need of replacement due to structural defects caused by years of use. These trailers are utilized year round by all maintenance divisions within Public Works. These trailers are used to haul various large pieces of equipment to job sites throughout the City for street, utility, and park projects. Due to the structural defects caused by years of use, one of the trailers no longer passes the required annual D.O.T. inspection and is therefore no longer in use. Based on the annual D.O.T. inspections the other two trailers are approaching the end of their useful lives and will soon need to be retired from use. The following is a summary of the cost for the trailer replacements: 1. Towmaster Inc. • Two T-10DT Trailers $21,513.70 (Total cost for two trailers) *See attached quote per trailer 2. Johnson Trailer Co. • One 7 Ton Tilt Deck Trailer $6,359.00 *See attached quote for trailer Total Cost = $27,872.70 Attachments 1. Quote/Spec from Towmaster Inc. 2. Quote/Spec from Johnson Trailer Co. 3. 2019 CIP Sheet Packet Page Number 143 of 334 G8, Attachment 1 27 Reference No. QT 43833 QUOTATION Ship To: Cust: 9 Phone: Bill To: Phone: CITY OF MAPLEWOOD MONROE TOWMASTER, LLC 61381 US HWY 12 61381 US HWY 12 SWIFT ID:156354 SWIFT ID:156354 LITCHFIELD MN 55355 USA LITCHFIELD MN 55355 USA ATTN: Steve Allstot PO# Salesman Terms Created Last Revised Appx Comp JENNIFER DOREEN COD 9/16/19 9/19/19 0/00/00 • Discounts: 15.00% .00% .00% Qty Feature _ bescri 1 Base Model - T-10DT 1 Option - DOT INSPECTION 1 Std Features - 24" Diamond Plate Approach 1 Std Features - Side Lip Down 18 Deck Length - In Feet 18 Decking Type - 2" Nominal Oak 1 Width - 102" Overall with 82" Deck 2 Axles - 7k E -Z lube Torflex 2 Brakes - Electric 4 Tires - 235/85Rxl6(E) 4 Wheels - White Mod 1 Jack - 7K Drop Leg 1 Lights - L.E.D. 1 Plug - 6 Pole Round 1 Hitch/Neck - 2.5" Pintle Ring 1 Trailer Color Galvanized $2,440.00 *--- Continued ---* ptioa List r $9,325.00 $160.00 NOTE: If changes are made to an order after a P.O. has FET required on all trailers with a GVWR OF 26,000 lbs or more. been issued, a fee may be assessed and a revised or new P.O. MUST BE submitted to reflect changes. Price: Total Discounts: Accepted by Date Net Cost: Freight M TRLQF00 Packet Page Number 144 of 334 aterial Surcharge. Total Due: G8, Attachment 1 NOTE: If changes are made to an order after a P.O. has FET required on all trailers with a GVWR OF 26,000 lbs or more. been issued, a fee may be assessed and a revised or new P.O. MUST BE submitted to reflect changes. Price: $12,411.00 Total Discounts: $1,861.65 Accepted by Date Net Cost: $10,549.35 Freight $207.50 Material Surcharge: Total Due: $10,756.85 TRLQFW - Packet Page Number 145 of 334 Y 17 Reference No. QT 43833 QUOTATION Ship To: Cusl. 9 Phone: Bill To: Phone: CITY OF MAPLEWOOD MONROE TOWMASTER, LLC 61381 US HWY 12 61381 US HWY 12 SWIFT ID:156354 SWIFT ID:156354 LITCHFIELD MN 55355 USA LITCHFIELD MN 55355 USA ATTN: Steve Allstot PO# Salesman Terms Created Last Revised Appx Comp JENNIFER BOREEN COD 9/16/19 9/19/19 0/00/00 - . Discounts: 15.00% .00HS .00% Qty Feature Description - - — Lint 18 Tie Downs - Rub Rail & Stake Pockets in Lieu of D -Rings $486.00 Freight $207.50' NOTE: If changes are made to an order after a P.O. has FET required on all trailers with a GVWR OF 26,000 lbs or more. been issued, a fee may be assessed and a revised or new P.O. MUST BE submitted to reflect changes. Price: $12,411.00 Total Discounts: $1,861.65 Accepted by Date Net Cost: $10,549.35 Freight $207.50 Material Surcharge: Total Due: $10,756.85 TRLQFW - Packet Page Number 145 of 334 G8, Attachment 2 Johnson Trailer Co. BY 0 7290 State Road 170 • Colfax, WI 54730 DATE w(71 5) 962-3277 ,���/ ZZ ww.johnsontrailerco.com PHONE/— /;�l - DESCRIPTION --X Z 0 TER!�r� ,0 . 11716 Packet Page Number 146 of 334 X5.4:1-1le'".t ew TOTAL "Quality You Can See - A Price You Can Afford" G8, Attachment 2 7Ton Equipment Full Bed Tilt Trailer No ramps necessary! Epoxy Ester Primer Sealed Facfory Running Board w/Acrylic Finish Wiring HarnessJrEZube Hubs Front Steps 'qv Full Bed Tilt Heavy Duty 7,000# No Ramps Treadplate Dropleg Power Up/Down Necessary :[ Steel Fenders .hack Johnson Trailer Co. E7290 State Rd. 170 Colfax, W 154730 715-962-3277 www.JohnsonTrailerCo.com WE ARE HERE Wheeler 110 Btoom Colfax rA0 t25 • pp sa, Menomonie cal ChFBIPsLCI Exit 041 Exit 052 Packet Page Number 147 of 334 G8, Attachment 2 Trailer may be shown with optional equipment. Specifications subject to change without notice Weight Rating: 14,000 LBS. GVWR w/evenly distributed load Axles: 2 - 7,000# electric brakes, w/EZ-lube, safety breakaway w/charger Suspension: 6 leaf slipper springs Tires & Wheels: ST235/80 R16 load range E radial tires, 8x6.5 bolt pattern silver mod wheels Fenders: 9"x72" 14 ga. treadplate teardrop w/stoneguard Hitch: Adjustable 2 5/16" ball on pintle (14,000# rated), H.D. safety chains Jack: 7,000# topwind, drop leg Structural: 6" channel frame & tongue, 3" channel crossmembers (16" centers), special 1/8" treadplate tail section & running board steps Tie Downs 14 stake pockets Tilt: 12 volt electric hydraulic lift (power up & power down) w/12 volt deep cycle battery and remote Electrical: LED lights, license bracket w/light, sealed factory wiring_h�rn_ w/7 way connector, microprismatic reflective to pe Floor: 2 X 8 treated yellow pine decking Paint: Phosphate etched pre-treatment with epoxy primer and acrylic finish Colors Available: Black, Victory Red, Charcoal Metallic, Silver Metallic, Bright Blue Metallic, Emerald Green Metallic, Federal Yellow, Bright Safety Yellow, Safety Orange (Some custom colors - please call) Packet Page Number 148 of 334 Capital Improvement Plan City of Maplewood, Minnesota Project# PW16.05 Project Name Three Tilt -Deck Trailers 2019 thru 2023 Type Equipment Department Public Works Useful Life 15 years Contact Public Works Director Category Equipment: PW Equip Priority 3 Important Status Active Description Total Project Cost: $30,000 Three 2001 tilt -deck trailers, Units 718, 719 and 720, are due for replacement 2019. G8, Attachment 3 Justification rhree 2001 trailers are in need of replacement. These trailers are utilized by all maintenance divisions in Public Works. Due to structural lefects caused by years of use, the trailers will no longer pass the annual D.O.T. inspections and are unsafe for use. Expenditures 2019 2020 2021 2022 2023 Total EquipNehicles/Furnishings 30,000 30,000 Total 30,000 30,000 Funding Sources 2019 2020 2021 2022 2023 Total Fleet Management Fund 30,000 30,000 Total 30,000 30,000 Budget Impact/Other rhere will be a positive impact on the operating budget due to lower maintenance costs. 283 Packet Page Number 149 of 334 G9 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman REPORT FROM: Steven Love, Director of Public Works / City Engineer Scott Schultz, Utility/Fleet/Parks Superintendent PRESENTER: Steven Love AGENDA ITEM: Purchase of One Single Axle Plow Truck Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ✓ Contract/Agreement ❑ Proclamation Policy Issue: The City of Maplewood's proposed 2020-2024 Capital Improvement Plan (CIP) identifies the replacement of one single axle plow truck in 2020. City Council approval is needed to move forward with this purchase. Recommended Action: Motion to approve the purchase of one single axle plow truck and direct the Mayor and City Manager to enter into a contract with Nuss Truck and Equipment for the purchase under MN State Contract #124649 in the amount of $114,141.00 and a contract with Towmaster Truck Equipment under MN State Contract #67105 in the amount of $122,535.00. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $236,676.00 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: The proposed 2020-2024 CIP identifies $220,000.00 for the replacement of the old unit. The cost for this purchase less the estimated auction value for the old unit ($20,000.00) is $216,676.00. This is $3,324.00 less than the proposed CIP amount of $220,000.00. The Finance Director has reviewed the fleet fund balance and there are sufficient funds to move forward with this purchase. Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ✓ Infrastructure & Asset Mgmt. The new replacement truck will increase work efficiencies and better serve the current and future needs of the Public Works department. Packet Page Number 150 of 334 G9 Background The current 2000 model single axle truck is in need of replacement. This unit is one of eight single axle trucks in the fleet. This truck is an integral piece of equipment in the fleet for the Street Maintenance Division and is utilized year round. In summer the truck is used for patching and paving streets. In winter it is used for treating and plowing city streets as part of our winter maintenance activities. The old unit will be sold at auction in order to maximize its trade in value. Most large equipment purchases, such as plow trucks, can take up to eight to ten months from the order date to the delivery date. Staff is requesting the truck be ordered by November 1, 2019 to establish an earlier build date in 2020. The City would take delivery and be invoiced for this purchase in 2020. The following is a summary of the costs for the truck replacement: 1. Nuss Truck and Equipment • 2019 Mack Granite 42BR SA $114,141.00 2. Towmaster Truck Equipment • 2020 Dump Body and Equiment $122,535.00 Total Cost = $236,676.00 Attachments 1. Quote/Specs from Nuss Truck and Equipment 2. Quote/Specs from Towmaster Truck Equipment 3. 2020 CIP Sheet Packet Page Number 151 of 334 G9, Attachment 1 EVENT G0210-2000006496 STATE OF MINNESOTA 1 of 3 PRICING PAGE Print Date & Time 10/21/2019 9:45 VENDOR NAME NUSS TRUCK & EQUIPMENT YEAR, MAKE AND MODEL 2019 MACK GRANITE 42BR SA .............................................................................................. w g 165" CA 99" Grand Total $ 112,641.00 AF 62" Rear Ratio 4.8 Cab Color YELLOW - (741173) Wheel ALUM Color Notes CITY OF MAPLEWOOD CONTRACT # 124649 ....................... --............................... .................................................................. ........................................... ............................... Sped Description Qty' Price Subtotal :.....................:..................................................................................-.........I.........................I.... .............................:.................................:. ..............s 1.0 Price for base unit: 1 $ 82,069.00 82,069.00 2.10 2.40 2.16 2.86 3.1 3.5 3.8 3.13 3.23 3.28 3.29 4.20 4.25 4.26 4.29 4.36 4.45 4.52 4.55 4.60 6.1 6.7 6.24 6.28 6.33 7.1 7.2 7.19 7.24 Front frame extension 1 $ 886.00 $ 886.00 Frame fastener option (bolt or huck spun) 1 STD 2.820,000 23.5 120,000 87 - 112 CA 1 $ 521.00 $ 521.00 Extended swept back painted steel 1 STD Set forward front axle option 1 STD 18,000 front axle and matching suspension - Mack FXL18 1 $ 1,361.00 $ 1,361.00 Heavy duty front axle shocks 1 STD Front brake dust shields 1 $ 18.00 $ 18.00 HD taperlead (3 leaf spring) ILO of taperleaf (2 leaf spring) 1 $ 65.00 $ 65.00 Haldex front slack with stainless steel pins 1 $ 57.00 $ 57.00 Meritor front brakes ILO of Bendix - requires Meritor rear brakes 1 $ 131.00 $ 131.00 '/2 round universal joints 1 STD Rear brake dust shield 1 $ 18.00 $ 18.00 Mack RA23R 23,000 lbs rear ax12 1 STD Mack interwheel power didiver for RA23R axle 1 $ 1,367.00 $ 1,367.00 26,000 lbs Mack Multileaf spring with helper 1 $ 165.00 $ 165.00 Meritor 18 MXL extended lube 1 $ 31.00 $ 31.00 Haldex automatic rear slack adjustors with stainless steel pins 1 $ 96.00 $ 96.00 Meritor 16.5" x 7" rear brakes 1 $ 58.00 $ 58.00 Haldex "Life Seal" brake chamber 1 STD Nylon waters or wheel guards on all wheels ea. 1 $ 44.00 44.00 ront steel rims, 315/80H 22.5 J tront tires 1 $ 407.00 407.00 12R 22.5 H rear tires 1 $ 876.00 $ 876.00 Aluminum front wheel - 22.5 x 9.0 1 $ 329.00 $ 329.00 Aluminum rear wheels - 22.5 x 8.25 1 $ 246.00 $ 246.00 Wabco System Saver 1200 E heated air dryer 1 STD Manual cable drain valves on air tanks with lanyard on all tanks 1 $ 24.00 24.00 Bendix ABS system with traction control 1 $ 270.00 270.00 Haldex "Life Seal" brake chamber 1 STD AMENDMENT #1 FOR 2019 MODELS SA Packet Page Number 152 of 334 G9, Attachment 1 EVENT G0210-2000006496 STATE OF MINNESOTA 2 of 3 PRICING PAGE 8.15 8.19 8.22 8.30 8.65 8.96 9.3 9.7 9.11 9.12 9.13 9.16 917 9.18 9.20 9.24 9.27 9.29 9.49 9.54 9.55 10.5 10.15 10.50 10.54 10.56 11.6 11.8 11.10 11.15 11.18 11.29 11.34 11.36 12.7 12.13 12.15 12.16 12.20 Description Mack - - (Peak) ov 1250 LB -FT Torque Qty: 1 Price STD Subtotal Clear Back of Cab - DPF & SCR Frame Mounted , RH Side under Cab 1 $ 114.00 $ 114.00 No Muff ler, Single ( Vertical x aust Cab Mounted, Lower Ventura Diffuser, Turned End 1 $ 318.00 $ 318.00 Single Vertical raig Exhaust acTurned Out 1 STD Single, Bright finishea shiela & sac 1 $ 65.00 65.00 66 Gallon LH Aluminum D - Shape with Integral an -R-- STD Bright Finish Fuel Tank Straps - Single Tank 1 $ 32.00 32.00 Delco 24 SI Alternator, 130 AMP 1 STD Donaldson Single Stage Air cleaner per spec 12.1 1 $ 278.00 2 78.00 on- ea a ue /wa er separator, MacK w/manual drain valve (integral w/primary fuel filter 1 STD Coolant spin on filter7conditioner 1 $ 47.00 47.00 Front engine powered take ott adapter an radiator cut out- 1 $ 103.00 103.00 Viscous tan drive - Behr Electronically modulated 1 STD Radiator ose pac age (Silicone) per Spec 12.2 1 $ 240.00 240.00 Curved exhaust pipe end 1 STD Engine block heater 1 $ 65.00 65.00 Radiator ug screen 1 STD Extended i e an i- reeze 1 $ 20.00 20.00 Starter motor options - Delco 39MT-MXT 1 STD Corrosion resistant oil pan - Recommended for snow plow trucks 1 $ 126.00 126.00 Electric preheater 1 $ 53.00 53-00 Tether device -furnish cap retainer for oil fill, radiator overflow tank, battery box & tool box when furnish 1 $ 23.00 $ 23.00 Synthetic ran ynd) lubrication for Automatic I ransmission 1 $ 301.00 S 301.00 ison 4500-HUb-H b speed, 1 $ 13,776.00 $ 13,776.00 ransmission oil cooler 1 STD Allison shift o neutral when park brake engaged 1 STD Stainless steel transmission coolant pipes 1 $ 175.00 175.00 Remote jump start terminals 1 $ 111.00 1 11.00 OEM daytime running lights 1 STD each aeries in lieu ot 2 each batteries 1 STD Switch for snowplow lights mounted on instrumental panel. Includes wiring terminated near headlights, for customer mounted auxiliary snowplow lights. 1 $ 80.00 $ 80.00 Vehicle speed sensor with speed signal at fuse panel for sander ground speed control system. 1 $ 20.00 $ 20.00 Body Lin w/o cablioor pass thruh-oi-e[rubb-erboot 1 STD Eight switches - tront strobe, rear strobes, wing light, wing strobe, sander light, tail gate lock, and vibrator 1 $ 237.00 $ 237.00 Ecco back-up alarm 575 constant sound eve 1 $ 74.00 74.00 Remote control for dual mirrors & heated - Bulldog stylized mirrors with integral convex mirror 1 $ 474.00 $ 474.00 Imron and clear coat paint option 1 STD Cab Air Ride Suspension 1 STD Tilting hood per Spec 12.8 1 STD Cab visor, external, painted to match cab color 1 $ 184.00 184.00 AMENDMENT #1 FOR 2019 MODELS SA Packet Page Number 153 of 334 EVENT G0210-2000006496 ..................... Spec # 12.21.... 12.22 12.23 12.24 12.28 12.42 12.43 12.45 12.46 12.49 12.57 13.10 13.11 13.14 13.18 13.20 13.21 13.24 13.26 13.28 13.34 13.49 13.51 13.52 13.58 13.59 13.63 13.64 13.68 13.75 15.1 15.3 15.5 19.1 19.2 19.3 STATE OF MINNESOTA PRICING PAGE G9, Attachment 1 3of3 ............................................................................................................................................................. Description ............................................,...................................... :Qty: Price Subtotal Front fender extensions 1 $ 105.00 105.00 Front fender mud flaps 1 STD Arctic winter wiper blades 1 $ 19.00 a 1900. Optional windshield washer tank 1 $ 26.00 5 26.00 Front tow hooks 1 STD Heated windshield 1 $ 425.00 $ 425.00 One piece windshield 1 $ 83.00 83.00 Bright finish hood intake 1 $ 16.00 1700 Bright finish bars with surround grille 1 $ 240.00 $ 240.00 Led type marker & clearance lights 1 $ 75.00 75.00 10" round bright finish heated fender mirrors 1 $ 234.00 $ 234.00 Slate Gray Color with brushed metallic instrument panel 1 $ 1,087.00 1,087.00 Round universal gauge package 1 STD O.E.M factory installed, AM/FM Premium stereo, CD -Player, Weatherboard, Handfree interface, Bluetooth 1 STD O.E.M factory installed, air conditioning 1 STD Dash mounted air cleaner air restriction gauge - (Display in Co -Pilot only) 1 STD Transmission temp gauges 1 STD Transmission oil sensor (check & fill) 1 STD Tilt & telescope steering wheel 1 STD Self canceling turn signals 1 STD Air -bears Atlas 80 hi-bacKriver seat 4 chamber air lumbar 1 $ 374.00 374.00 Inboard mounted river arm res 1 $ __ Cloth withvinylriver rider sea 1 $ _ _ Driver seat dustcover 1 $ Diagonal grab handle on inside ot driver door 1 $ 35.00 35.00 Co-pilot driver display (enhanced 4.5" diagonal graphic LCD display w/4 -button stalk control - includes guard dog routine maintenance monitoring 1 STD 51b fire extinguisher between LH seat base and door with valve aimed rearward 1 1 $ $ 66.00 27.00 $ 66.00 27.00 Reflector i parallel o inside of rider base sea Cab cleanout - includes in cab pneumatic line 1 $ 46.00 46.00 Exhaust pyrometer & transmission oil temperature gauges TF STD Trailer tow package extended to rear of frame 1 $ 317.00S 317.00 Single 7 pin SAE type, end of frame 1 $ 117.00 S 117.00 Hand control valve for trailer brakes 1 $ 47.00 5 47.00 Material surcharge 2.25% 2020 model year increase 2021 model year increase AMENDMENT #1 FOR 2019 MODELS SA Packet Page Number 154 of 334 1 � 1,bUU.UU 5 1,bUU.UU 1 $ 1,847,00 1,847.00 1 $ 1,500.00 S 1,500.00 Total Cost: $ 114,141.00 G9, Attachment 2 rrrtrcnr FovpMErvs Reference No. TOWMASTER, 61381 U5 HWY 12, LITCHFIELD, MH 55355 QT 44706 PH: 320-693-7900 FX: 320-693-7921 TF: 800.462-4517 TOWMASTERTRUCK.COM ** QUOTATION ** Ship't-o: C'ust; 9088 Phone: MAPLEWOOD, CITY OF 1830 E COUNTY RD B MAPLEWOOD MN 55109 USA Bill To: MAPLEWOOD, CITY OF 1830 E COUNTY RD B MAPLEWOOD Phone: MN 55109 USA ATTN: SCOTT SCHULTZ TIM ERICKSON °'T 30 DAYS 10/08/19 10/10/19 9/05/18 Build Instructions F.O.B. LITCHFIELD, MN -OR- CUSTOMER, W/FUEL CHARGES Other Instructions **STATE OF MN CONTRACT #67105 - - VALID THRU 3/31/21** Qty Part No. Description Price Ea. Net Amt. 1 9900118 - Body 1016" EDGE-RS/SCIS-46-36-36 - - 46" 7 ga Stainless $10,879.00 $10,879.00 Front, 36" 7 ga Stainless radius sides (No Pockets), 36" 7 ga St ainless Tailgate w/Hardox-450 Face, 1/4" Hardox-450 Floor, 8" I -Beam Longsills, Air -trip ready linkage, Underside Black 1 9901701 - Installation of Dump Body to hoist $1,358.00 $1,358.00 1 9900145 - Body acc'y TMTE Air trip kit, w/solenoid valve, $311.00 $311.00 1 9901702 - Installation of air operated tailgate latch kit, with $279.00 $279.00 solenoid valve in hydraulic valve enclosure. 1 9900147 - Body acc Box Vibrator - Cougar model DC3200 $641.00 $641.00 1 9901703 - Installation of Box Vibrator, with solenoid located in $326.00 $326.00 hydraulic valve enclosure. 1 9900156 - Cabshield, 1/2 type Stationary Free -Standing style,w/plain $2,403.00 $2,403.00 STAINLESS STEEL canopy, Hot -Dipped Galvanized tubing construction support stand, Slotted Center Viewing Window, (2) shovel holders, & reservior mounts, Installed. 1 9900182 - Walkrail removable both sides of 11' RC & RS body, $880.00 $880.00 Installed 1 9900207 - Ladder Flip -A -Way Access ladder (STAINLESS STEEL) Including $468.00 $468.00 Grab Handle above, and Interior Step, ea, Installed SPECIFY LOCATION HERE: LH FRONT OF SIDE PANEL - 1 9900211 - Body acc'y Dual "split" sander manifolds in rear corner $370.00 $370.00 posts *--- Continued --- Accepted by Date TRKQT3 Price: Total Discounts: Net Cost: Freight Total: Packet Page Number 155 of 334 G9, Attachment 2 r.Quc.�r �vrrr��s�.vr Reference No. TOWMASTER, 6138199 HWY 12, LITCHFIELD, MN 55355 QT 44706 PH: 320-693-7900 FX: 3210-693-7921 TF: 800.462-4517 TOWMASTERTRUCK.COM ** QUOTATION ** Ship To: Cust: 3088 Phone: MAPLEWOOD, CITY OF 1830 E COUNTY RD B MAPLEWOOD MN 55109 USA Bill To: MAPLEWOOD, CITY OF 1830 E COUNTY RD B MAPLEWOOD Phone• MN 55109 USA ATTN: SCOTT SCHULTZ TIM ERICKSON NET 30 DAYS 10/08/19 10/10/19 9/05/18 1 9900214 - Body acc'y Tailgate LEVER TOP PIN release (Single Axle $477.00 $477.00 bodies only) 1 9904246 - Light Warning TMTEISS-3 PKG: (2) STAINLESS STEEL 23H $4,033.00 $4,033.00 3 -light LED Micro -Edge, (2) 5M-400 Super -LED, (2) Side TIR3 LED, (2 ) 400 Max B -T -T LED, & (2) 400 LED BU Lights, in Stainless M Housings, (1) TIR3 LED Wing light, and (2) 4" LED work lights Installed 1 9905778 - Light, Mirror Mounted ABL 3800 LED HEAD LAMP PLOW LIGHTS $1,076.00 $1,076.00 W/ICE MELTING TECHNOLOGY Installed 1 9900266 - Fender set Minimizer MIN2260, for Single Axle, black Poly, $799.00 $799.00 Installed 1 1965280 - Minimizer FKMACK2B Floor Mat Set for TDM and SGL $142.00 $142.00 1 9901224 - Spillshield 8" bolt -on, bolt -together, 1/4" painted Carbon $491.00 $491.00 Steel & fitted to body via sander brkts, shipped loose 1 9900970 - Tire Chains ON -SPOT for 1 Axle Installed $2,913.00 $2,913.00 1 9904691 - INSTALLATION of (Initial) Single camera system $279.00 $279.00 **NOTE: FOR REAR WING VIEWING. WIRE AS DEFAULT CAMERA 2 9904692 - Camera System option, NORTECH 9100-2HC 120 degree night $163.00 $326.00 vision CCD weather-proof HEATED camera, only GEN 5 6100 2 9904693 - Camera System option, NORTECH 9100-4 Harness, 65, $41.00 $82.00 Waterproof GEN 5 6100 1 9904694 - INSTALLATION of extra Camera, & Harness GEN 5 6100 $93.00 $93.00 *--- Continued ---* Accepted by TRKQT3 Packet Page Number 156 of 334 Date Price: Total Discounts: Net Cost: Freight Total: AF rRuc�r Eourp���rT TOWMASTER, 61381 US HWY 12, LITCHFIELD, MN 55355 PH: 320-693-7900 FX: 320-693-7921 TF: 800-462-4517 TOWMASTERTRUCK.COM ** QUOTATION ** G9, Attachment 2 Reference No. QT 44706 Ship To: Cust: 3088 Phone: MAPLEWOOD, CITY OF 1830 E COUNTY RD B MAPLEWOOD MN 55109 USA Bill To: MAPLEWOOD, CITY OF 1830 E COUNTY RD B MAPLEWOOD Phone: MN 55109 USA ATTN: SCOTT SCHULTZ TIM ERICKSON NET 30 DAYS 10/08/19 10/10/19 9/05/18 **NOTE: MOUNT ON RH REAR CORNERPOST IN PROTECTIVE COVER, WIRE TO REVERSE SIGNAL TO QUE CAMERA FOR REVERSE OPERATIONS. 1 1941405 - Camera Guard, SS, Bolt -On $58.00 $58.00 1 9900299 - Pre -Wet Towmaster/Varitech LDS-TMR-110-EGF Body Side Mt Sys $2,104.00 $2,104.00 for Elliptical body. (2) 55 gal tanks, mtg hdwe, plumbing, _... Elec Gravity Feed valve .............. 1 9902483 - Installation of TMR pre -wet system (New Towmaster Body) $883.00 $883.00 1 9901834 - Hoist OSP/Towmaster 720DH, Double Acting, W/Solid block $2,668.00 $2,668.00 rear hinge point, & OSHA approved saftey props 1 9901712 - Installation of SCISSORS TYPE double acting hoist $1,389.00 $1,389.00 1 9902924 - Scraper FALLS IB -10A 1" MB, w/single lift cylinder W/12" $7,090.00 $7,090.00 bolt -on extension (11' total), LESS CUTTING EDGES 1 9903276 - VBL PolarFlex 3' Underchassis Complete System (includes $658.00 $658.00 bolts & nuts) 2 9903277 - VBL PolarFlex 4' Underchassis Complete System (includes $877.00 $1,754.00 bolts & nuts) 1 9901705 - Installation of underbody fixed angle scraper w/single lift $2,562.00 $2,562.00 cylinder 1 9904232 - Scraper FORCE Up Charge Electric pressure transmitter to $428.00 $428.00 read on LCD screen installed 1 9900351 - Scraper FORCE reverse/Auto-Lift system, ADD -A -FOLD valve, $467.00 $467.00 installed *--- Continued --- Accepted by Date TRKQT3 Price: Total Discounts: Net Cost: Freight Total: Packet Page Number 157 of 334 rnuc�r �ar�w��'�"'aer�►- TOWMASTER, 61381 US HWY 12, LITCHFIELn, MN 55355 PH: 320.693.7900 FX: 320-693-7921 TF: 800-462-4517 TOWMASNATRUCK.COM ** QUOTATION ** G9, Attachment 2 Reference No. QT 44706 Ship To: C uSL: 3088 Phone: MAPLEWOOD, CITY OF 1830 E COUNTY RD B MAPLEWOOD MN 55109 USA Bill To: MAPLEWOOD, CITY OF 1830 E COUNTY RD B MAPLEWOOD Phone: MN 55109 USA ATTN: SCOTT SCHULTZ TIM ERICKSONNET 30 DAYS 10/08/19 10/10/19 9/05/18 1 9902951 - Wing Falls RHSDLIOA-HYDPB-TRIP EDGE Primed LESS CUTTING $11,204.00 $11,204.00 EDGES **NOTE: MUST INCLUDE MAILBOX CUT - - SEE ADD-ON LINE ITEM BELOW 1 SPECIAL REQUEST - Special Request Charges for: $177.00 $177.00 Adding mailbox cut to wing moldboard by FALLS 2 9902818 - VBL Vallite HIGHWEAR Fab Wing Blade, 5/8" x 6" x 3' $165.00 $330.00 1 9902819 - VBL Vallite HIGHWEAR Fab Wing Blade, 5/8" x 6" x 4' $220.00 $220.00 1 9902814 **NOTE: - VBL V45-HFR-12 RH Vallite Hard Faced Curb Runner, 12" ctrs WING APPLICATION $237.00 $237.00 1 9900388 - Installation Falls SDL Series Wing - w/Bulkhead Couplers $4,117.00 $4,117.00 1 9901431 - Wing Falls RL (REAR LIFT) up charge SDL WING $433.00 $433.00 1 9904688 - Wing Falls POST -LESS Toe Lift in lieu of Std Front post/slide system 1 9900476 - Wing Falls Safety Yellow - Paint Wing Moldboard $309.00 $309.00 1 9900555 - Plow Hitch Falls 44XB2/STD/STD/SA/SPR-RET/HITCH $3,013.00 $3,013.00 1 9900589 - Installation Falls Plow Hitch - 40 Series 3Line/STDBLKHD $1,745.00 $1,745.00 1 9903074 - Plow Falls Poly PTE-1248/TRP-EDG/NOSHU/POLY-BLK Plow LESS $9,152.00 $9,152.00 CUTTING EDGES 1 9900625 - Plow Push Unit Falls 24/44 Series Std $882.00 $882.00 *--- Continued --- Accepted by Packet Page Number 158 of 334 Price: Total Discounts: Date Net Cost: Freight Total: G9, Attachment 2 rRucwrvu�vE�r Reference No. TOWMASTER, 61301 US HWY 12, LITCHFIELD, MN 55355 QT 44706 PH: 320-693-7900 FX: 320-693-7921 TF: 806-462-4517 TOWMASTERTRUCK.COM ** QUOTATION ** Ship To: Cast: 3088 Phone: MAPLEWOOD, CITY OF 1830 E COUNTY RD B MAPLEWOOD MN 55109 USA Bill To: MAPLEWOOD, CITY OF 1830 E COUNTY RD B MAPLEWOOD Phone: MN 55109 USA ATTN: SCOTT SCHULTZ ' TIM ERICKSON NET 30 DAYS 10/08/19 10/10/19 9/05/18 1 9900637 - Plow Falls High Visibility Marker Set $97.00 $97.00 1 9900639 - Plow Falls Rubber Belt Deflector Kit - Installed $336.00 $336.00 1 9900641 - Plow Falls Parking Stand - Screw Adj Style $304.00 $304.00 3 9902827 - VBL PolarFlex 4' Front Mount Complete System (includes $820.00 $2,460.00 bolts & nuts) **NOTE: FRONT PLOW APPLICATION 1 9904801 - VBL V45-PF-HFR Hard Faced Wrap -Around Curb Runner, RE $172.00 $172.00 PolarFlex, New Style **NOTE: PLOW APPLICATION 1 9904802 - VBL V45-PF-HFL Hard Faced Wrap -Around Curb Runner, LH $172.00 $172.00 PolarFlex, New Style **NOTE: PLOW APPLICATION 1 9900758 - Hitch TMTE Heavy Duty plate ass'y w/light holes in plate, $490.00 $490.00 1 9901716 - Hitch Installation of Pup Hitch (weld in style) $744.00 $744.00 **NOTE: USE 5/8" D -RINGS IN LIEU OF 3/4" STD. SEE PREVIOUS EXAMPLE PICS FOR REFERENCE 1 9900764 - Hitch PREMIER 2300 Air Cushion Pintle,'installed $786.00 $786.00 **NOTE: HITCH HEIGHT @ 23" GROUND TO SADDLE 1 9900765 - Hitch 6 contact Standard Round Pin socket installed $103.00 $103.00 **NOTE: LOCATE DIRECTLY NEXT TO THE OEM 7 CONTACT SOCKET AS PER PICTURES 1 9902495 - Hitch Electronic Brake controller w/wiring to rear socket, $398.00 $398.00 installed in cab of truck *--- Continued --- Accepted by Date TRKQT3 Price: Total Discounts: Net Cost: Freight Total: Packet Page Number 159 of 334 G9, Attachment 2 AF r�vu�r�r �-cru�v��vr Reference No. TOWMASTER, 61301 US HWY 12, LITCHFIELD, MH 55355 QT 44706 PH: 320-693-7900 FX: 320-693-7921 TF: 800.462.4517 TOWMASTERTRUCK.COM ** QUOTATION ** Ship To: Cust: 3088 Phone: Bill To: Phone: MAPLEWOOD, CITY OF MAPLEWOOD, CITY OF 1830 E COUNTY RD B 1830 E COUNTY RD B MAPLEWOOD MN 55109 USA MAPLEWOOD MN 55109 USA ATTN: SCOTT SCHULTZ TIM ERICKSON NET 30 DAYS 10/08/19 10/10/19 9/05/18 **NOTE: WIRE BRAKE CONTROL TO CENTER PIN ON 6 CONTACT SOCKET 1 9900791 - Sander Falls 1ASD-6CDSS-6P-ID-IS-LM, Salt Special 611, $4,886.00 $4,886.00 Stainless Steel Unit, LH Discharge, Single Poly Spinner Ass'y, co mplete sander (includes extra salt shield) 1 9901718 - Sander Install & dual manifold RH & LH rear $852.00 $852.00 1 9901348 - Sander TMTE Exterior Bolt -On Sander/Tailgate Spill Plates, $502.00 $502.00 Stainless Steel, Mill Finish 1 9900851 - Valve System, Force Add -A -Fold MCV -ISO Valve 9 Functions $10,620.00 $10,620.00 INSTALLED **NOTE: BOX HOIST, PLOW LIFT, PLOW ANGLE, WING TOE, WING HEEL, WING PUSH -BAR, SCRAPER LIFT, AUGER, & SPINNER. 1 9902497 - Control System Force ULTRA -4-6100 Commander control, $11,212.00 $11,212.00 Installed 1 9900874 - Filter Force IN -TANK mounted filter installed $459.00 $459.00 1 9900882 - Reservoir TMTE Cabshield mt (stainless steel) w/intank $2,377.00 $2,377.00 filter provision, installed 1 9900888 - Pump Force FASD45L LS (6 ci) installed $4,286.00 $4,286.00 1 9900871 - Switch TMTE BODY UP Installed (electric controls only) $175.00 $175.00 1 9900884 - Sensor Force Low oil indicator system, SLIM -LINE AND $235.00 $235.00 CABSHIELD MOUNTED w/light mounted in cab, installed 1 9905014 - Hydraulic Valve Hose Guard installed $363.00 $363.00 *--- Continued ---* Price: Total Discounts: Accepted by Date Net Cost: Freight Total: TRKQT3 Packet Page Number 160 of 334 G9, Attachment 2 rRucrrEcrcr���r�arr Reference No. TOWMASTER, 61301 US HWY 12, LITCHFIELD, MN 55355 QT 44706 PH: 320-693-7900 FX: 320-693-7921 TF:BOU-462.4517 TOWMASTERTRUCK.COM ** QUOTATION ** Ship 1'o: cust: 3088 Phone: Bill To• Phone: MAPLEWOOD, CITY OF MAPLEWOOD, CITY OF 1830 E COUNTY RD B 1830 E COUNTY RD B MAPLEWOOD MN 55109 USA MAPLEWOOD MN 55109 USA ATTN: SCOTT SCHULTZ TIM ERICKSON NET 30 DAYS 10/08/19 10/10/19 9/05/18 71 1 WARRANTY - TOWMASTER EXCLUSIVE WARRANTY: 5 yr Steel/Stainless Steel Body Structure; 5 yr Whelen LED Light Systems; 3 yr Palfinger Hoists; 4 yr SwapLoader Hoists; 2 yr Hyd, Snow Equip, Tele Hoists, and all otheritems. Price: $122,535.00 Total Discounts: Accepted by Date Net Cost: $122,535.00 Freight Total: $122,535.00 1RRQ13 Packet Page Number 161 of 334 Capital Improvement Plan G9, Attachment 3 Justification fhe 2003 model year single -axle truck is due for replacement. This unit is one of eight single -axle trucks in the fleet. This truck is an intergral )iece of equipment in the fleet for the street maintenance division. It is utilized year round. In summer, the truck is used for patching and paving streets. In winter, it is used every snow/ice event for treating and plowing city streets. Expenditures 2020 2021 2022 2023 2024 Total Equip/Vehicles/Furnishings 220,000 220,000 Total 220,000 220,000 Funding Sources 2020 2021 2022 2023 2024 Total Fleet Management Fund 220,000 220,000 Total 220,000 220,000 Budget Impact/Other ),here will be a positive impact on the operating budget due to lower maintenance costs. Budget Items 2020 2021 2022 2023 2024 Total Maintenance -500 -1,000 -1,000 -1,000 -1,000 -4,500 Tom -500 -1,000 -1,000 -1,000 -1,000 -4,500 Packet Page Number 162 of 334 G10 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer PRESENTER: Steven Love AGENDA ITEM: Resolution for Receipt of Special Assessment Deferment Paperwork Relating to City Projects 18-01 Ferndale- Ivy Area Street Improvements and 18-27 Mailand — Crestview Forest Area Street Improvements Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: City Council will consider formally accepting and recognizing the receipt of paperwork to allow for special assessment deferrals, which were previously approved upon such condition the necessary paperwork be submitted for the Ferndale — Ivy Area Street Improvements (18-01) and Mailand — Crestview Forest Area Street Improvements (18-27) road projects. Recommended Action: Motion to approve resolution for receipt of special assessment deferment paperwork relating to City projects 18-01 Ferndale - Ivy Area Street Improvements and 18-27 Mailand — Crestview Forest Area Street Improvements. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $13,965.24 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: n/a Strategic Plan Relevance: ❑ Financial Sustainability ❑ Operational Effectiveness N/A Background ❑ Integrated Communication ❑ Targeted Redevelopment ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. Ramsey County requests additional documentation for City Council approved deferrals that are to be certified as special assessments. This report and approach is meant to memorialize previous City Council actions and also acknowledge the receipt and valid approvals for those that have been granted deferrals. Packet Page Number 163 of 334 G10 On May 13, 2019, City Council held a public hearing relating to the special assessments for City Project 18-01, Ferndale - Ivy Area Street Improvements. At the assessment hearing, eight assessment objections were received. At the May 28, 2019 City Council meeting, the eight objection requests were considered by council and all objections were granted deferrals. The deferrals were granted with the condition that all necessary forms and paperwork were submitted. Listed below are the four applicants that returned the necessary paperwork and forms: 1. 1216 Ferndale Street North (granted a senior citizen deferral which equates to $4,539.37 and will come due with accumulated interest at the end of the deferral period). 2. 1276 Ferndale Street North (granted a financial hardship deferral which equates to $4,539.37 and will come due with accumulated interest at the end of the deferral period). 3. 1274 Dennis Street North (granted a financial hardship deferral which equates to $4,206.40 and will come due with accumulated interest at the end of the deferral period). 4. 1215 Ferndale Street North, Unit A18 (granted a senior citizen deferral which equates to $680.10 and will come due with interest at the end of the deferral period). On May 13, 2019, City Council held a public hearing relating to the special assessments for City Project 18-27, Mailand — Crestview Forest Area Street Improvements. At the assessment hearing, six objection requests were received. At the May 28, 2019 City Council meeting, the six objection requests were considered by council and three objections were granted deferrals. The deferrals were granted with the condition that all necessary forms and paperwork were submitted. None of the granted deferrals submitted the necessary forms and paperwork. Attachments 1. Resolution 2. Signed Deferred Assessment Forms (4) Packet Page Number 164 of 334 G10, Attachment 1 RESOLUTION FOR RECEIPT OF SPECIAL ASSESSMENT DEFERMENT PAPERWORK RELATING TO CITY PROJECTS 18-01 FERNDALE - IVY AREA STREET IMPROVEMENTS AND 18-27 MAILAND-CRESTVIEW FOREST AREA STREET IMPROVEMENTS WHEREAS, pursuant to resolutions passed by the City Council on May 13, 2019, the assessment roll for the Ferndale - Ivy Area Street Improvements, City Project 18-01, and Mailand — Crestview Forest Area Street Improvements, City Project 18-27 was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, and the City Council granted deferral requests according to the Resolution Adopting the Revised Assessment Rolls for subject projects on May 28, 2019 with the condition that the necessary be submitted to the City and approved. WHEREAS, the necessary paperwork and forms were returned by four property owners as follows for City Project 18-01: 5. 1216 Ferndale Street North (granted a senior citizen deferral which equates to $4,539.37 and will come due with accumulated interest at the end of the deferral period). 6. 1276 Ferndale Street North (granted a financial hardship deferral which equates to $4,539.37 and will come due with accumulated interest at the end of the deferral period). 7. 1274 Dennis Street North (granted a financial hardship deferral which equates to $4,206.40 and will come due with accumulated interest at the end of the deferral period). 8. 1215 Ferndale Street North, Unit A18 (granted a senior citizen deferral which equates to $680.10 and will come due with interest at the end of the deferral period). WHEREAS, the necessary paperwork and forms were returned by zero property owners for City Project 18-27. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that assessment deferrals listed herewith are ratified and approved based on paperwork that was submitted to the City in accordance with the original resolution adopted on May 13, 2019. And furthermore the City Engineer and/or City Clerk are hereby instructed to make the following adjustments to the assessment rolls in accordance to the original resolutions adopted on May 13, 2019. CITY PROJECT 18-01 1) Parcel 242922440048 — Paul Beaumont, 1216 Ferndale Street North. It is currently proposed that the property be assessed for 1 unit at a rate of $4,539.37 per unit. Mr. Beaumont is requesting a senior citizen/financial hardship deferral. Staff recommendation is to grant a senior citizen or financial hardship deferral upon approval of necessary paperwork and financial information. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 5 percent during the deferral period and the assessment will come due with accumulated interest at the end of the deferral period. 2) Parcel 242922440024 — Loretta Vogel, 1276 Ferndale Street North. It is currently proposed that the property be assessed for 1 unit at a rate of $4,539.37 per unit. Ms. Vogel is requesting a cancellation of assessment or financial hardship deferral. Staff Packet Page Number 165 of 334 G10, Attachment 1 recommendation is to deny a cancellation or revision of assessment as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Staff recommendation is to grant a financial hardship deferral upon approval of necessary paperwork and financial information. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 5 percent during the deferral period and the assessment will come due with accumulated interest at the end of the deferral period. 3) Parcel 242922440111 — Susan Vik, 1274 Dennis Street North. It is currently proposed that the property be assessed for 1 unit at a rate of $4,206.40 per unit. Ms. Vik is requesting a financial hardship deferral. Staff recommendation is to grant a financial hardship deferral upon approval of necessary paperwork and financial information. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 5 percent during the deferral period and the assessment will come due with accumulated interest at the end of the deferral period. 4) Parcel 242922430020 — Joan Kaiser, 1215 Ferndale Street North, Unit A18. It is currently proposed that the property be assessed for 1 unit at a rate of $680.10 per unit. Ms. Kaiser is requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral upon approval of necessary paperwork and financial information. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 5 percent during the deferral period and the assessment will come due with accumulated interest at the end of the deferral period. Approved this 28th day of October, 2019. Packet Page Number 166 of 334 Maplewood G10, Attachment 2 City of Maplewood Department of Public Works / Office of the City Engineer 1902 County Road B East, Maplewood, MN 55109 Phone: 651-249-2400 RECEIVE Application for Deferred Assessment a JUL U 8 Please select which one of the following three deferments you are requesting: BY .......................... Je2�1 Senior Citizen ❑ Retired by Disability l Financial Hardship To: Department of Property Taxation, Ramsey County, Minnesota 1"z " Zz_ ;c; the undersigned, declare under penalties of perjury: (Print name) That I reside at ✓f/- That the date of my birth is (for Senior Citizen Deferral) Mo. Day Yr. That I am the owner of the property located at and described as follows: PROPERTY ADDRESS : /�6`�/4��jOls,� _ /� PIN: That my interest in the ownership of the above property is as follows: 1. Sole Ownership (enter yes, if applicable! 2. Joint tenancy, held with 3. Other undivided interest (Specify) That I own and occupy the above property as my homestead. That the installments for improvements on the special assessments adopted by the city council of the City of Maplewood, MN as of May 13, 2019, which have been allocated against the subject property would create undue personal hardship on my behalf and I respectfully request that payment be delayed for a 1p_',iur( of 15 years and that such installments be so deferred for the years 2020 to 203 Date ✓C/Gy Signed__ Owner _--------------------- ------------------------------ �! City Clerk Portion I, Andrea Sindt, Clerk of the City of Maplewood in Ramsey County, State of Minnesota, do f hereby certify the application of above named, has been duly reviewed and that in accordance with the minutes of official record in said chambers was duly APPROVED as of May 13, 2019. That in accordance with approval granted, the special assessments listed below on the affiants subject property levied for annual collection in the amounts and for the years shown be so deferred with interest at the annual rate shown until such time as it is deemed the applicant no longer qualifies or the property loses its eligibility. Name of Auditors Project Total Years of Interest Assessment Number No. Amount Collection Rate Ferndale -Ivy Improv. 18-01 2020-2034 5.0% Dated 20 (Clerk or Authorized De Packet Page Number 167 of 334 G10, Attachment 2 `�. City of Maplewood Department of Public Works / Office of the City Engineer 1902 County Road B East, Maplewood, MN 55109 Phone: 651-249-2400 i_ Maplewood Application for Deferred Assessment AUG Please select which one of the following three deferments you are requesting: ❑ Senior Citizen ❑ Retired by Disability Financial Haim To: Department of Property Taxation, Ramsey County, Minnesota I, t I the undersigned, declare under penalties of perjury: (PriT.- That I reside at' Z;8 2019 -4 4 That the date of my birth is �.� (for Senior Citizen Deferral) Mo. Day Yr. That I am the owner of the property located at and described as follows: PROPERTY ADDRESS: PIN: That my interest in the ownership of the above property is as follows: 1. Sole Ownership (enter yes, if applicable) 2. Joint tenancy, held with 3. Other undivided interest (Specify) That I own and occupy the above property as my homestead. That the installments for improvements on the special assessments adopted by the city council of the City of Maplewood, MN as of May 13, 2019, which have been allocated against the subject property would create undue personal hardship on my behalf and I respectfully request that payment be delayed lor a period of 15 years and that such installments be so deferred for the years 20 to 2044. (� V Date v C `� Signed i Owner I City Clerk Portion I, Andrea Sindt, Clerk of the City of Maplewood in Ramsey County, State of Minnesota, do I hereby certify the application of above named, has been duly reviewed and that in accordance with the minutes of official record in said chambers was duly APPROVED as of May 13, 2019. That in accordance with approval granted, the special assessments listed below on the affiants subject property levied for annual collection in the amounts and for the years shown be so deferred with interest at the annual rate shown until such time as it is deemed the applicant no longer qualifies or the property loses its eligibility. Name of Auditors Project Total Years of Interest Assessment Number. No. Amount Collection Rate Ferndale -Ivy Improv. 18-01 2020-2034 5.0% Dated 20 (Clerk or Authorized Deputy) Packet Page Number 168 of 334 G10, AttachmentZ,.- .v!. City of Maplewood Department of Public Works / Office of the City Engineer 1902 County Road B East, Maplewood, MN 55109 JUL 0 9 Phone: 651-249-2400 Maplewood BY:...r Application for Deferred Assessment Please select which one of the following three deferments you are requesting: El Senior Citizen ❑ Retired by Disability Financial Hardship To: Department of Property Taxation, Ramsey County, Minnesota � \-s_ _the undersigned, declare under penalties of perjury: Print name) �'� � 55 That I reside at �i c �� ri ti� S c -c n t#�i t_{;� : That the date of my birth is o \ � ' l.jI6 0 (for Senior Citizen Deferral) Mo. Day Yr. That I am the owner of the property located at and described as follows: PROPERTY ADDRESS: 12--14 Pv, ►, , s S.4-- ti That my interest in the ownership of the above property is as follows: 1. Sole Ownership (enter yes, if applicable) 2. Joint tenancy, held with 3. Other undivided interest (Specify) That I own and occupy the above property as my homestead. PIN: That the installments for improvements on the special assessments adopted by the city council of the City of Maplewood, MN as of May 13, 2019, which have been allocated against the subject property would create undue personal hardship on my behalf and I respectfully request that payment be delayed for a period of 15 years and that such installments be so deferred for the years 2020 to 034. Date ir, - 2 (0 -1 ci Signed i KJ,-) Owner City Clerk Portion I, Andrea Sindt, Clerk of the City of Maplewood in Ramsey County, State of Minnesota, do hereby certify the application of _ above named, has been duly reviewed and that in accordance with the minutes of official record in said chambers was duly APPROVED as of May 13, 2019. That in accordance with approval granted, the special assessments listed below on the affiants subject property levied for annual collection in the amounts and for the years shown be so deferred with interest at the annual rate shown i until such time as it is deemed the applicant no longer qualifies or the property loses its eligibility. Name of Auditors Project Assessment Number No. Ferndale -Ivy Improv. 18-01 f Dated _20- -- — ----------- ----------- -------- Tota 0-•---------- Total Years of Interest Amount Collection Rate 2020-2034 5.0% (Clerk or Authorized Deputy) Packet Page Number 169 of 334 Maplewood G10, Attachment 2 City of Maplewood Department of Public Works / Office of the City Engineer 1902 County Road B East, Maplewood, MN 55109 Phone: 651-249-2400 Armlication for Deferred Assessment Please select which one of the following three deferments you are requesting: Senior Citizen ❑ Retired by Disability ❑ Financial Hardship To: Department of Property Taxation, Ramsey County, Minnesota I, �� C) CL 5 e Y_ the undersigned, declare under penalties of perjury: (Print name) That I reside at /,D- / 6 �- V- 0 t� (� : �1f , (�y� , r_ J, �� Ili �. wo o That the date of my birth is �-,p Z . oZ y / 93 / (for Senior Citizen Deferral) VMo. Day Yr. That I am the owner of the property located at and described as follows PROPERTY ADDRESS: ! a /, Fe Y,n eA /e U'P/( W o (4, )' } V f l /V Is l�% PIN: That my interest in the ownership of the above property is as follows: 1. Sole Ownership (enter yes, if applicable) 2. Joint tenancy, held with 3. Other undivided interest (Specify) _ That I own and occupy the above property as my homestead. That the installments for improvements on the special assessments adopted by the city council of the City of Maplewood, MN as of May 13, 2019, which have been allocated against the subject property would create undue personal hardship on my behalf and I respectfully request that payment be delayed for a period of 15 years and that such installments be so deferred for the years 2020 to 2034. Date S V � / ' � 9 Signed Owner j City Clerk Portion I, Andrea Sindt, Clerk of the City of Maplewood in Ramsey County, State of Minnesota, do j hereby certify the application of above named, has been duly reviewed and that in accordance with the minutes of official record in said chambers was duly APPROVED as of May 13, 2019. That in accordance with approval ranted the special assessments listed below on the affiants subject property levied PP granted, P for annual collection in the amounts and for the years shown be so deferred with interest at the annual rate shown until such time as it is deemed the applicant no longer qualifies or the property loses its eligibility. Name of Auditors Project Total Years of Interest Assessment Number No. Amount Collection Rate Ferndale -Ivy Improv. 18-01 2020-2034 5.0% Dated _ _ 20 (Clerk or Authorized Duputt 1 ------------------------- Packet Page Number 170 of 334 G11 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Director of Public Works/City Engineer Jon Jarosch, Assistant City Engineer PRESENTER: Steven Love AGENDA ITEM: Resolution Approving Cost Share Agreement with the Metropolitan Council for Inflow/Infiltration Improvements Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The City Council will consider a resolution approving a cost share agreement with the Metropolitan Council for inflow/infiltration (I & 1) improvements. Recommended Action: Motion to approve a resolution for the approval of cost share agreement with the Metropolitan Council for inflow/infiltration improvements. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0.00 Financing source(s): ✓ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: This agreement will result in a $28,336.91 grant reimbursement from the Metropolitan Council. Strategic Plan Relevance: ✓ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ❑ Operational Effectiveness ❑ Community Inclusiveness ✓ Infrastructure & Asset Mgmt. Sanitary sewer lining not only provides for a sound sanitary sewer infrastructure, it also reduces the unneeded costs associated with treating groundwater at the wastewater treatment facility. Reducing infiltration into the sanitary sewer system also increases groundwater recharge and provides for additional growth capacity in the sanitary sewer network. Background The 2018 Minnesota Legislature appropriated $8.739 million in state bond funds for an I & I cost share grant program for metropolitan cities to mitigate inflow and infiltration into the sanitary sewer collection systems. Over the past several years the City of Maplewood has added sanitary sewer lining to neighborhood reconstruction Capital Improvement Projects (CIP) to correct I & I issues. Packet Page Number 171 of 334 G11 The Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program is setup to provide funding for up to 25% of the construction costs or $50,000, whichever is less. The construction costs for lining work completed in 2018 is $113,347.62. The City of Maplewood's estimated eligible grant funding amount (25% of construction costs) is $28,336.91. As part of the cost share agreement, a resolution by the City Council approving the cost share agreement is required to be submitted along with the completed agreement. Attachments 1. Resolution Approving Cost Share Agreement with the Metropolitan Council for Inflow/Infiltration Improvements 2. Draft Cost Share Agreement Packet Page Number 172 of 334 G11, Attachment 1 RESOLUTION APPROVAL OF COST SHARE AGREEMENT WITH THE METROPOLITAN COUNCIL FOR INFLOW/INFILTRATION IMPROVEMENTS WHEREAS, the City Council of Maplewood, Minnesota has heretofore approved the cost share agreement between the City of Maplewood and the Metropolitan Council for inflow/infiltration improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor and City Manager is hereby authorized to enter into the cost share agreement. Adopted by the Maplewood City Council on this 28th day of October 2019. Packet Page Number 173 of 334 G11, Attachment 2 Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Grant Agreement - End Grant for the «1» Project Funded by the State of Minnesota General Obligation Bond Proceeds Generic GO Bond Proceeds Grant Agreement for Program End Grants Packet Page Number 174 of 334 Ver — 6/30/14 G11, Attachment 2 TABLE OF CONTENTS RECITALS Article I - DEFINITIONS Section 1.01 — Defined Terms Article II - GRANT Section 2.01 — Grant of Monies Section 2.02 — Public Ownership Section 2.03 — Use of Grant Proceeds Section 2.04 — Operation of the Real Property and Facility Section 2.05 — Public Entity Representations and Warranties Section 2.06 — Ownership by Leasehold or Easement Section 2.07 — Event(s) of Default Section 2.08 — Remedies Section 2.09 — Notification of Event of Default Section 2.10 — Survival of Event of Default Section 2.11 — Term of Grant Agreement Section 2.12 — Modification and/or Early Termination of Grant Section 2.13 — Excess funds Article III — USE CONTRACTS Section 3.01 — General Provisions Section 3.02 — Initial Term and Renewal Section 3.03 — Reimbursement of Counterparty Section 3.04 — Receipt of Monies Under a Use Contract Article IV — SALE Section 4.01 — Sale Section 4.02 — Proceeds of a Sale Article V — COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER'S ORDER Section 5.01 — State Bond Financed Property Section 5.02 — Preservation of Tax Exempt Status Section 5.03 — Changes to G.O. Compliance Legislation or the Commissioner's Order Article VI — DISBURSEMENT OF GRANT PROCEEDS Section 6.01— Disbursement of Grant Section 6.02 — Conditions Precedent to Disbursement of Grant Generic GO Bond Proceeds 1 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 175 of 334 G11, Attachment 2 Article VII- MISCELLANEOUS Section 7.01 - Insurance Section 7.02 - Condemnation Section 7.03 - Use, Maintenance, Repair and Alterations Section 7.04 - Records Keeping and Reporting Section 7.05 - Inspections by State Entity Section 7.06 - Data Practices Section 7.07 - Non -Discrimination Section 7.08 - Worker's Compensation Section 7.09 - Antitrust Claims Section 7.10 - Review of Plans and Cost Estimates Section 7.11 - Prevailing Wages Section 7.12 - Liability Section 7.13 - Indemnification by the Public Entity Section 7.14 - Relationship of the Parties Section 7.15 - Notices Section 7.16 - Binding Effect and Assignment or Modification Section 7.17 - Waiver Section 7.18 - Entire Agreement Section 7.19 - Choice of Law and Venue Section 7.20 - Severability Section 7.21 - Time of Essence Section 7.22 - Counterparts Section 7.23 - Matching Funds Section 7.24 - Source and Use of Funds Section 7.25 - Third -Party Beneficiary Section 7.26 - Public Entity Tasks Section 7.27 - State Entity and Commissioner Required Acts and Approvals. Section 7.28 - Applicability to Real Property and Facility Section 7.29 - E -Verification Section 7.30 - Jobs Reporting Requirements Section 7.31 - Additional Requirements Attachment I - DECLARATION Attachment II - LEGAL DESCRIPTION OF REAL PROPERTY Attachment III - SOURCE AND USE OF FUNDS Attachment IV - GRANT APPLICATION Attachment V - JOBS REPORTING Generic GO Bond Proceeds 11 Ver - 6/30/14 Grant Agreement for Program End Grants Packet Page Number 176 of 334 G11, Attachment 2 General Obligation Bond Proceeds Grant Agreement — End Grant for the «1» Project under the «2» Program THIS AGREEMENT shall be effective as of <<3>> , <<3>>, and is between «4» , a «5» (the "Public Entity"), and the <<& (the "State Entity"). RECITALS A. The State Entity has created and is operating a «2» (the "State Program") under the authority granted by Minn. Stat. § <<7>> and all riles related to such legislation (the "State Program Enabling Legislation"). B. Under the State Program, the State Entity is authorized to provide grants that are funded with proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution. C. Under the State Program the recipients of a grant must use such funds to perform those functions delineated in the State Program Enabling Legislation. D. The Public Entity submitted, if applicable, a grant application to the State Entity in which the Public Entity requests a grant from the State Program the proceeds of which will be used for the purposes delineated in such grant application. E. The Public Entity has applied to and been selected by the State Entity for a receipt of a grant from the State Program in an amount of $ «8» (the "Program Grant"), the proceeds must be used by the Public Entity to perform those functions and activities imposed by the State Entity under the State Program and, if applicable, delineated in that certain grant application (the "Grant Application") attached hereto as Attachment V that the Public Entity submitted to the State Entity. F. Under the provisions contained in «9» , the Public Entity has been given the authority to perform those functions and activities required of it under the State Program and, if applicable, delineated in Grant Application attached hereto as Attachment V that the Public Entity submitted to the State Entity. G. The Public Entity's receipt and use of the Program Grant to acquire an ownership interest in and/or improve real property (the "Real Property") and, if applicable, structures Generic GO Bond Proceeds 1 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 177 of 334 G11, Attachment 2 situated thereon (the "Facility") will cause the Public Entity's ownership interest in all of such real property and structures to become "state bond financed property", as such term is used in Minn. Stat. § 16A.695 (the "G.O. Compliance Legislation") and in that certain "Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended (the "Commissioner's Order"), even though such funds may only be a portion of the funds being used to acquire such ownership interest and/or improve such real property and structures and that such funds may be used to only acquire such ownership interest and/or improve a part of such real property and structures. H. The Public Entity and the State Entity desire to set forth herein the provisions relating to the granting and disbursement of the proceeds of the Program Grant to the Public Entity and the operation of the Real Property and, if applicable, Facility. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: "Agreement" - means this General Obligation Bond Proceeds Grant Agreement - End Grant for the «1» Project under the «2» Program, as such exists on its original date and any amendments, modifications or restatements thereof. "Approved Debt" — means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner of MMB is not bound by any amounts delineated in such attachment unless he/she has consented, in writing, to such amounts. "Code" - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. "Commissioner of MMB" - means the commissioner of Minnesota Management and Budget, and any designated representatives thereof. Generic GO Bond Proceeds 2 Grant Agreement for Program End Grants Packet Page Number 178 of 334 Ver — 6/30/14 G11, Attachment 2 "Commissioner's Order" - means the "Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended. "Counterparty" - means any entity with which the Public Entity contracts under a Use Contract. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. "Declaration" - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Public Entity's ownership interest in the Real Property and, if applicable, Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby. "Event of Default" - means one or more of those events delineated in Section 2.07. "Facility", if applicable, - means «10» , which is located, or will be constructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds of the Program Grant. "Fair Market Value" — means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser. "G.O. Bonds" - means that portion of the state general obligation bonds issued under the authority granted in Article X1, § 5(a) of the Minnesota Constitution the proceeds of which are used to fund the Program Grant and any bonds issued to refund or replace such bonds. "G.O. Compliance Legislation" - means Minn. Stat. § 16A.695, as it may be amended, modified or replaced from time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right. "Grant Application" — means that certain grant application attached hereto as Attachment IV that the Public Entity submitted to the State Entity. This definition is only needed and only applies if the Public Entity submitted a grant application to the State Entity. If the Public Entity did not submit a grant application to the State Entity, then this definition is not needed and should be ignored and treated as if it were left blank, and any Generic GO Bond Proceeds 3 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 179 of 334 G11, Attachment 2 reference to this term in this Agreement shall be j pored and treated as if the reference did not exist. "Initial Acquisition and Betterment Costs" — means the cost to acquire the Public Entity's ownership interest in the Real Property and, if applicable, Facility if the Public Entity does not already possess the required ownership interest, and the costs of betterments of the Real Property and, if applicable, Facility; provided, however, the Commissioner of MMB is not bound by any specific amount of such alleged costs unless he/she has consented, in writing, to such amount. "Leased/Easement Premises" - means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease or granted to the Public Entity under an easement. This definition is only needed and only applies if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. "Lessor/Grantor" — means the fee owner/lessor or grantor of the Leased/Easement Premises. This definition is only needed and only applies if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as ifthe reference did not exist. "Outstanding Balance of the Program Grant" — means the portion of the Program Grant that has been disbursed to or on behalf of the Public Entity minus any portion thereof previously paid back to the Commissioner of MMB. "Ownership Value", if any — means the value, if any, of the Public Entity's ownership interest in the Real Property and, if applicable, Facility that existed concurrent with the Public Entity's execution of this Agreement. Such value shall be established by way of an appraisal or by such other manner as may be acceptable to the State Entity and the Commissioner of MMB. The parties hereto agree and acknowledge that such value is $ or Not Applicable; provided, however, the Commissioner of MMB is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar amount is inserted and the blank "Not Applicable" is not checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank "Not Applicable" should only be selected and checked when a portion of the funds delineated in Attachment III attached hereto are to be used to acquire the Public Entity's ownership interest in the Real Property and, if applicable, Facility, and in such event the value of such ownership interest should be shown in Attachment III and not in this definition for Ownership Value). Generic GO Bond Proceeds 4 Grant Agreement for Program End Grants Packet Page Number 180 of 334 Ver — 6/30/14 G11, Attachment 2 "Program Grant" - means a grant of monies from the State Entity to the Public Entity in the amount identified as the "Program Grant" in Recital E to this Agreement, as the amount thereof may be modified under the provisions contained herein. "Project" — means the Public Entity's acquisition, if applicable, of the ownership interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with the performance of the activities denoted in Section 2.03. (If the Public Entity is not using any portion of the Program Grant to acquire the ownership interest denoted in Section 2.02, then this definition for Project shall not include the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attachment III hereto and instead shall be included in the definition for Ownership Value under this Section) "Public Entity" - means the entity identified as the "Public Entity" in the lead-in paragraph of this Agreement. "Real Property" - means the real property located in the County of «11» , State of Minnesota, legally described in Attachment II to this Agreement. "Real Property/Facility Lease" - means a long term lease of the Real Property, the Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only needed and only applies if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both, is a leasehold interest under a lease. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as ifthe reference did not exist. "State Entity" - means the entity identified as the "State Entity" in the lead-in paragraph of this Agreement. "State Program" — means the program delineated in the State Program Enabling Legislation. "State Program Enabling Legislation" — means the legislation contained in the Minnesota statute(s) delineated in Recital A and all rules related to such legislation. "Subsequent Betterment Costs" — means the costs of betterments of the Real Property and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of which has been established by way of written documentation that is acceptable to and approved, in writing, by the State Entity and the Commissioner of MMB. "Use Contract" - means a lease, management contract or other similar contract between the Public Entity and any other entity that involves or relates to any part of the Real Property and/or, if applicable, Facility. This definition is only needed and only applies Generic GO Bond Proceeds 5 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 181 of 334 G11, Attachment 2 if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and/or if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as ifthe reference did not exist. "Useful Life of the Real Property and, if applicable, Facility" — means the term set forth in Section 2.05.V, which was derived as follows: (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constructed or bettered. Article II GRANT Section 2.01 Grant of Monies. The State Entity shall make and issue the Program Grant to the Public Entity and disburse the proceeds in accordance with the provisions of this Agreement. The Program Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the State Entity or the Commissioner of MMB under certain circumstances. Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property and, if applicable, Facility must be owned by one or more public entities. Such ownership may be in the form of fee ownership, a Real Property/Facility Lease, or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the State Entity that it has, or will acquire, the following ownership interests in the Real Property and, if applicable, Facility, and, in addition, that it possess, or will possess, all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, Facility in the manner specified in Section 2.04: (Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership Interest in the Real Property. ❑ Fee simple ownership of the Real Property. ❑ A Real Property/Facility Lease for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: Generic GO Bond Proceeds 6 Grant Agreement for Program End Grants Packet Page Number 182 of 334 Ver — 6/30/14 G11, Attachment 2 ❑ An easement for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ) Ownership Interest in, if applicable, the Facility. ❑ Fee simple ownership of the Facility. ❑ A Real Property/Facility Lease for the Facility that complies with all of the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ❑ Not applicable because there is no Facility. Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities, and may not use the Program Grant for any other purpose. (Check all appropriate boxes.) ❑ Acquisition of fee simple title to the Real Property. ❑ Acquisition of a leasehold interest in the Real Property ❑ Acquisition of an easement for the Real Property. ❑ Improvement of the Real Property. ❑ Acquisition of fee simple title to the Facility. ❑ Acquisition of a leasehold interest in the Facility ❑ Construction of the Facility. ❑ Renovation of the Facility. ❑ «12» (Describe other or additional purposes.) Generic GO Bond Proceeds % Grant Agreement for Program End Grants Ver — 6/30/14 Packet Page Number 183 of 334 G11, Attachment 2 Section 2.04 Operation of the Real Property and Facility. The Real Property and, if applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real Property and, if applicable, Facility to be used, for those purposes required by the State Program and in accordance with the information contained in the Grant Application, or for such other purposes and uses as the Minnesota legislature may from time to time designate, and for no other purposes or uses. The Public Entity may enter into Use Contracts with Counterparties for the operation of all or any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts must have been approved, in writing, by the Commissioner of MMB and fully comply with all of the provisions contained in Sections 3.01, 3.02 and 3.03. The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually supply a statement, sworn to before a notary public, to such effect to the State Entity and the Commissioner of MMB. For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. For those programs, if any, that will be operated on all or any portion of the Real Property and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it will not enter into such Use Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Counterparty to provide an initial program budget and annual program budgets that clearly show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iii) it will promptly review all submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, and require the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues along Generic GO Bond Proceeds 8 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 184 of 334 G11, Attachment 2 with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. Section 2.05 Public Entity Representations and Warranties. The Public Entity further covenants with, and represents and warrants to the State Entity as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the Program Grant for the purpose or purposes described in the State Program Enabling Legislation. C. It has legal authority to operate the State Program and the Real Property and, if applicable, Facility for the purposes required by the State Program and for the functions and activities proposed in the Grant Application. D. This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. E. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. F. It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Commissioner's Order, and the State Program. G. It has made no material false statement or misstatement of fact in connection with its receipt of the Program Grant, and all of the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the Program Grant or the disbursement of any of the Program Grant is and will be true and correct. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, Facility, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. I. Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, Generic GO Bond Proceeds 9 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 185 of 334 G11, Attachment 2 requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. J. The contemplated use of the Real Property and, if applicable, Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Project has been or will be completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or will be, obtained. N. It will operate, maintain, and manage the Real Property and, if applicable, Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, Facility. O. It will fully enforce the terms and conditions contained in any Use Contract. P. It has complied with the matching funds requirement, if any, contained in Section 7.23. Q. It will not, without the prior written consent of the State Entity and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity's ownership interest in the Real Property or, if applicable, Facility, or the Counterparty's interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and, if applicable, Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity's ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. Generic GO Bond Proceeds 10 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 186 of 334 G11, Attachment 2 R. It reasonably expects to possess the ownership interest in the Real Property and, if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property and, if applicable, Facility, and it does not expect to sell such ownership interest. S. It does not reasonably expect to receive payments under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Debt. T. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Program Grant to complete and fully pay for the Project. U. It has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the State Entity and to Minnesota Management and Budget (attention: Capital Projects Manager) that contains all of the recording information. V. The Useful Life of the Real Property and, if applicable, Facility is years. W. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the State Entity or the Commissioner of MMB. Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both is by way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is not needed and should be j nored and treated as if it were left blank, and any reference to this Section in this Agreement shall be ignored and treated as if the reference did not exist. A. A Real Property/Facility Lease or easement must comply with the following provisions. 1. It must be in form and contents acceptable to the Commissioner of MMB, and specifically state that it may not be modified, restated, amended, changed in any way, or prematurely terminated or cancelled without the prior written consent and authorization by the Commissioner of MMB. 2. It must be for a term that is equal to or greater than 125% of the Useful Life of the Real Property and, if applicable, Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law. Generic GO Bond Proceeds I I Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 187 of 334 G11, Attachment 2 3. Any payments to be made under it by the Public Entity, whether designated as rent or in any other manner, must be by way of a single lump sum payment that is due and payable on the date that it is first made and entered into. 4. It must not contain any requirements or obligations of the Public Entity that if not complied with could result in a termination thereof. 5. It must contain a provision that provides sufficient authority to allow the Public Entity to operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 6. It must not contain any provisions that would limit or impair the Public Entity's operation of the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 7. It must contain a provision that prohibits the Lessor/Grantor from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Leased/Easement Premises or the Lessor's/Grantor's interest in the Real Property/Facility Lease or easement, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such holder subordinates such lien or encumbrance to the Real Property/Facility Lease or easement and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with all of the terms, conditions and covenants contained in the Real Property/Facility Lease or easement as if such holder had been an original Lessor/Grantor under the Real Property/Facility Lease or easement. 8. It must acknowledge the existence of this Agreement and contain a provision that the terms, conditions and provisions contained in this Agreement shall control over any inconsistent or contrary terms, conditions and provisions contained in the Real Property/Facility Lease or easement. 9. It must provide that any use restrictions contained therein only apply as long as the Public Entity is the lessee under the Real Property/Facility Lease or grantee under the easement, and that such use restrictions will terminate and not apply to any successor lessee or grantee who purchases the Public Entity's ownership interest in the Real Property/Facility Lease or easement. Provided, however, it may contain a provisions that limits the construction of any new structures on the Real Property or modifications of any existing structures on the Real Property without the written consent of Lessor/Grantor, which will apply to any such successor lessee or grantee. Generic GO Bond Proceeds 12 Grant Agreement for Program End Grants Packet Page Number 188 of 334 Ver — 6/30/14 G11, Attachment 2 10. It must allow for a transfer thereof in the event that the lessee under the Real Property/Lease or grantee under the easement makes the necessary determination to sell its interest therein, and allow such interest to be transferred to the purchaser of such interest. 11. It must contain a provision that prohibits and prevents the sale of the underlying fee interest in the Real Property and, if applicable, Facility without first obtaining the written consent of the Commissioner of MMB. 12 The Public Entity must be the lessee under the Real Property/Lease or grantee under the easement. B. The provisions contained in this Section are not intended to and shall not prevent the Public Entity from including additional provisions in the Real Property/Facility Lease or easement that are not inconsistent with or contrary to the requirements contained in this Section. C. The expiration of the term of a Real Property/Facility Lease or easement shall not be an event that requires the Public Entity to reimburse the State Entity for any portion of the Program Grant, and upon such expiration the Public Entity's ownership interest in the Real Property and, if applicable, Facility shall no longer be subject to this Agreement. D. The Public Entity shall fully and completely comply with all of the terms, conditions and provisions contained in a Real Property/Facility Lease or easement, and shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is applicable, the Real Property/Facility Lease or easement or a short form or memorandum thereof. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the State Entity or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and the Public Entity's failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the State Entity and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any other document furnished pursuant to this Agreement, or in order to induce the State Entity to disburse any of the Program Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. Generic GO Bond Proceeds 13 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 189 of 334 G11, Attachment 2 B. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. C. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in the G.O. Compliance Legislation, the Commissioner's Order, or the State Program Enabling Legislation. D. If the Public Entity fails to provide and expend the full amount of the matching funds, if any, required under Section 7.23 for the Project. E. If the Public Entity fails to record the Declaration and deliver copies thereof as set forth in Section 2.05.U. Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the State Entity or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity or the Commissioner of MMB may enforce any or all of the following remedies. A. The State Entity may refrain from disbursing the Program Grant; provided, however, the State Entity may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other than the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB. D. Either the State Entity or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner of MMB would otherwise possess. Generic GO Bond Proceeds 14 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 190 of 334 G11, Attachment 2 If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained in this Agreement within 30 days of demand by the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the State Entity and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off- set against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the State Entity and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11. Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable, Facility is first used for the operation of the State Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.12 Modification and/or Early Termination of Grant. If the full amount of the Program Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, or such later date to which the Public Entity and the State Entity may agree in writing, then the State Entity's obligation to fund the Program Grant shall terminate. In such event, (i) if none of the Program Grant has been disbursed by such date then the State Entity's obligation to fund any portion of the Program Grant shall terminate and this Agreement shall terminate and no longer be of any force or effect, and (ii) if some but not all of the Program Grant has been disbursed by such date then the State Entity shall have no further obligation to provide any additional funding for the Program Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Program Grant that was actually disbursed as of such date. Generic GO Bond Proceeds 15 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 191 of 334 G11, Attachment 2 This Agreement shall also terminate and no longer be of any force or effect upon the Public Entity's sale of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained in Section 4.02, or upon the termination of Public Entity's ownership interest in the Real Property and, if applicable, Facility if such ownership interest is by way of an easement or under a Real Property/Facility Lease. Upon such termination the State Entity shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity's ownership interest in the Real Property and, if applicable, Facility, from the effect of this Agreement and the Declaration. Section 2.13 Excess Funds. If the full amount of the Program Grant and any matching funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced by the amount not needed. Article III USE CONTRACTS This Article III and its contents is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate any portion of the Real Property, and if applicable, Facility. For all other circumstances this Article III and its contents are not needed and should be ignored and treated as if it were left blank, and any reference to this Article III, its contents, and the term Use Contract in this Agreement shall be ignored and treated as ifthe references did not exist. Section 3.01 General Provisions. If the Public Entity has statutory authority to enter into a Use Contract, then it may enter into Use Contracts for various portions of the Real Property and, if applicable, Facility; provided that each and every Use Contract that the Public Entity enters into must comply with the following requirements: A. The purpose for which it was entered into must be to operate the State Program in the Real Property and, if applicable, Facility. B. It must contain a provision setting forth the statutory authority under which the Public Entity is entering into such contract, and must comply with the substantive and procedural provisions of such statute. C. It must contain a provision stating that it is being entered into in order for the Counterparty to operate the State Program and must describe such program. D. It must contain a provision that will provide for oversight by the Public Entity. Such oversight may be accomplished by way of a provision that will require the Counterparty to provide to the Public Entity: (i) an initial program evaluation report for the first fiscal year that the Counterparty will operate the State Program, (ii) program budgets for each succeeding fiscal year showing that forecast program revenues and additional Generic GO Bond Proceeds 16 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 192 of 334 G11, Attachment 2 revenues available for the operation of the State Program (from all sources) by the Counterparty will equal or exceed expenses for such operation for each succeeding fiscal year, and (iii) a mechanism under which the Public Entity will annually determine that the Counterparty is using the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract to operate the State Program. E. It must allow for termination by the Public Entity in the event of a default thereunder by the Counterparty, or in the event that the State Program is terminated or changed in a manner that precludes the operation of such program in the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract. F. It must terminate upon the termination of the statutory authority under which the Public Entity is operating the State Program. G. It must require the Counterparty to pay all costs of operation and maintenance of that portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, unless the Public Entity is authorized by law to pay such costs and agrees to pay such costs. H. If the Public Entity pays monies to a Counterparty under a Use Contract, such Use Contract must meet the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that such Use Contract does not result in "private business use" under Section 141(b) of the Code. L It must be approved, in writing, by the Commissioner of MMB, and any Use Contract that is not approved, in writing, by the Commissioner of MMB shall be null and void and of no force or effect. J. It must contain a provision requiring that each and every party thereto shall, upon direction by the Commissioner of MMB, take such actions and furnish such documents to the Commissioner of MMB as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation. K. It must contain a provision that prohibits the Counterparty from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Real Property or, if applicable, Facility, the Public Entity's ownership interest in the Real Property or, if applicable, Facility, or the Counterparty's interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent, in writing, to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract in the manner specified in Section 2.04 and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with Generic GO Bond Proceeds 17 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 193 of 334 G11, Attachment 2 the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity's ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. L. If the amount of the Program Grant exceeds $200,000.00, then it must contain a provision requiring the Counterparty to list any vacant or new positions it may have with state workforce centers as required by Minn. Stat. § 116L.66, as it may be amended, modified or replaced from time to time, for the term of the Use Contract. M. It must contain a provision that clearly states that the Public Entity is not required to renew the Use Contract beyond the original term thereof and that the Public Entity may, at its sole option and discretion, allow the Use Contract to expire at the end of its original term and thereafter directly operate the governmental program in the Real Property and, if applicable, Facility or contract with some other entity to operate the governmental program in the Real Property and, if applicable, Facility. Section 3.02 Initial Term and Renewal. The initial term for a Use Contract may not exceed the lesser of (i) 50% of the Useful Life of the Real Property and, if applicable, Facility for the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, or (ii) the shortest term of the Public Entity's ownership interest in the Real Property and, if applicable, Facility. A Use Contract may allow for renewals beyond its initial term on the conditions that (a) the term of any renewal may not exceed the initial term, (b) the Public Entity must make a determination that renewal will continue to carry out the State Program and that the Counterparty is suited and able to perform the functions contained in Use Contract that is to be renewed, (c) the Use Contract may not include any provisions that would require, either directly or indirectly, the Public Entity to either make the determination referred to in this Section or to renew the Use Contract with the Counterparty after the expiration of the initial term or any renewal term, and (d) no such renewal may occur prior to the date that is 6 months prior to the date on which the Use Contract is scheduled to terminate. Provided, however, notwithstanding anything to the contrary contained herein the Public Entity's voluntary agreement to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty is not deemed to be a provision that directly or indirectly requires the Public Entity to renew such Use Contract. Section 3.03 Reimbursement of Counterparty. A Use Contract may but need not contain, at the sole option and discretion of the Public Entity, a provision that requires the Public Entity to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty. If agreed to by the Public Entity, such reimbursement shall be on terms and conditions agreed to by the Public Entity and the Counterparty. Generic GO Bond Proceeds 18 Grant Agreement for Program End Grants Packet Page Number 194 of 334 Ver — 6/30/14 G11, Attachment 2 Section 3.04 Receipt of Monies Under a Use Contract. The Public Entity does not anticipate the receipt of any funds under a Use Contract, provided, however, if the Public Entity does receive any monies under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of a Use Contract, and to pay the principal, interest, redemption premiums, and other expenses on Approved Debt, then a portion of such excess monies must be paid by the Public Entity to the Commissioner of MMB. The portion of such excess monies that the Public Entity must and shall pay to the Commissioner of MMB shall be determined by the Commissioner of MMB, and absent circumstances which would indicate otherwise such portion shall be determined by multiplying such excess monies by a fraction the numerator of which is the Program Grant and the denominator of which is sum of the Program Grant and the Approved Debt. Article IV SALE Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the Real Property and, if applicable, Facility unless all of the following provisions have been complied with fully. A. The Public Entity determines, by official action, that such ownership interest is no longer usable or needed for the operation of the State Program, which such determination may be based on a determination that the portion of the Real Property or, if applicable, Facility to which such ownership interest applies is no longer suitable or financially feasible for such purpose. B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. The written consent of the Commissioner of MMB has been obtained. The acquisition of the Public Entity's ownership interest in the Real Property and, if applicable, Facility at a foreclosure sale, by acceptance of a deed -in -lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Public Entity's ownership interest in or betterment of the Real Property and, if applicable, Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender's ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02. Generic GO Bond Proceeds 19 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 195 of 334 G11, Attachment 2 The Public Entity may participate in any public auction of its ownership interest in the Real Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is the successful purchaser it will not use any part of the Real Property or, if applicable, Facility for the State Program. Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity's ownership interest in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale and such other costs that are approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt associated with the Public Entity's ownership interest in the Real Property and, if applicable, Facility, shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of MMB in an amount equal to the Outstanding Balance of the Program Grant, and if the amount of such net proceeds shall be less than the amount of the Outstanding Balance of the Program Grant then all of such net proceeds shall be distributed to the Commissioner of MMB. B. The remaining portion, after the distribution specified in Section 4.02.A, shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public Entity for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution (such as the State Entity under Section 4.02.A and the holders of Approved Debt paid under this Section 4.02.13), the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and, if applicable, Facility, then the amount available shall be distributed as such entities may agree in writing, and if such entities cannot agree by an appropriately issued court order. C. The remaining portion, after the distributions specified in Sections 4.02.A and B, shall be divided and distributed to the State Entity, the Public Entity, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the State Entity, the Public Entity, and such other public and private entities made to the acquisition and betterment of the Real Property and, if applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. The distribution to the State Entity shall be made to the Commissioner of MMB, and the Public Entity may direct its distribution to be made to any other entity including, but not limited to, a Counterparty. All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the Commissioner of MMB, and no such disbursements shall be made without such consent. Generic GO Bond Proceeds 20 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 196 of 334 G11, Attachment 2 The Public Entity shall not be required to pay or reimburse the State Entity or the Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the Program Grant. Article V COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER'S ORDER Section 5.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and agree that the Public Entity's ownership interest in the Real Property and, if applicable, Facility is, or when acquired by the Public Entity will be, "state bond financed property", as such term is used in the G.O. Compliance Legislation and the Commissioner's Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity's ownership interest in the Real Property and, if applicable, Facility and any Use Contracts relating thereto. Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Property or, if applicable, Facility, or use or invest the Program Grant or any other sums treated as "bond proceeds" under Section 148 of the Code including "investment proceeds," "invested sinking funds," and "replacement proceeds," in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 of the Code. B. It will deposit into and hold all of the Program Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the G.O. Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty, that could cause the interest on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a "qualified bond" within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, 1997-1 CB 632, or (iii) changing the nature of the use of the Real Property or, if applicable, Facility so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an "unrelated trade or business" or for any "private business use" (within the Generic GO Bond Proceeds 21 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 197 of 334 G11, Attachment 2 meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the Program Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner's Order. In the event that the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity's ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Public Entity the State Entity shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity's ownership interest in the Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner's Order. Article VI DISBURSEMENT OF GRANT PROCEEDS Section 6.01 Disbursement of Grant. Upon compliance with all of the conditions delineated in Section 6.02, the State Entity shall disburse the Program Grant to the Public Entity in one lump sum. Under no circumstance shall the State Entity be required to disburse funds in excess of the amount requested by the Public Entity under the provisions contained in Section 6.02.A even if the amount requested is less than the amount of the Program Grant delineated in Section 1.01. If the amount of Program Grant that the State Entity disburses hereunder to the Public Entity is less than the amount of the Program Grant delineated in Section 1.01, then the State Entity and the Public Entity shall enter into and execute whatever documents the State Entity may request in order to amend or modify this Agreement to reduce the amount of the Program Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, the State Entity's obligation to disburse any of the Program Grant shall terminate as of the date specified in such Section even if the entire Program Grant has not been disbursed by such date. The Program Grant shall only be for expenses that (i) are for those items of a capital nature for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in writing, by the State Entity and the Commissioner of MMB. Section 6.02 Conditions Precedent to Disbursement of Grant. The obligation of the State Entity to disburse the Program Grant to the Public Entity is subject to the following conditions precedent: Generic GO Bond Proceeds 22 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 198 of 334 G11, Attachment 2 A. The State Entity shall have received a request for disbursement of the Program Grant specifying the amount of funds being requested, which such amount shall not exceed the amount of the Program Grant delineated in Section 1.01. B. The State Entity shall have received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon. C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has fully and completely paid for the Project and all other expenses that may occur in conjunction therewith. E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23 and that all of such matching funds, if any, have been expended for the Project. F. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Public Entity possesses the ownership interest delineated in Section 2.02. G. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Real Property and, if applicable, Facility and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. H. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, Generic GO Bond Proceeds 23 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 199 of 334 G11, Attachment 2 bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. J. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project was completed in a manner that will allow the Real Property and, if applicable, Facility to be operated in the manner specified in Section 2.04, which requirement may be satisfied by a certificate of occupancy or such other equivalent document from the municipality in which the Real Property is located. K. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has the ability and a plan to fund the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04. L. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the insurance requirements under Section 7.01 have been satisfied. M. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 7.10 and all additional applicable provisions and requirements, if any, contained in Minn. Stat. § 1613.335, as it may be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 7.10.13 has, if required, been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 7.10.0 have, if required, received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Committee have, if required, been notified pursuant to Section 7.10.G. N. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. O. The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require. Article VII MISCELLANEOUS Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof (i) by self insuring under a program of self insurance legally adopted, maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the State Entity under which the State Entity and the Public Entity are named as loss payees. If damages Generic GO Bond Proceeds 24 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 200 of 334 G11, Attachment 2 which are covered by such required insurance occur, then the Public Entity shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity's ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity's ownership interest in the Real Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. The State Entity agrees to and will assign or pay over to the Public Entity all insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes thereon as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity named as an additional named insured therein. The Public Entity may require a Counterparty to provide and maintain any or all of the insurance required under this Section; provided that the Public Entity continues to be responsible for the providing of such insurance in the event that the Counterparty fails to provide or maintain such insurance. At the written request of either the State Entity or the Commissioner of MMB, the Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Public Entity regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. If the Public Entity fails to provide and maintain the insurance required under this Section, then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an equivalent nature, and any funds expended by the State Entity to obtain or maintain such insurance shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 -day year. Provided, however, nothing contained herein, including but not limited to this Section, shall require the State Entity to obtain or maintain such insurance, and the State Entity's decision to not obtain or maintain such insurance shall not lessen the Public Entity's duty to obtain and maintain such insurance. Generic GO Bond Proceeds 25 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 201 of 334 G11, Attachment 2 Section 7.02 Condemnation. If after the Public Entity has acquired the ownership interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility is condemned to an extent that the Public Entity can no longer comply with the provisions contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 2.04 and, if applicable, to fully or partially restore the Facility, and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity's ownership interest in the Real Property and, if applicable, Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity's ownership interest in the remaining Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest in the portion of the Real Property and, if applicable, Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i) keep the Real Property and, if applicable, Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any Real Property/Facility Lease if the Public Entity's ownership interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with the provisions of any easement if its ownership interest in the Real Property and, if applicable, Facility is by way of such easement, and (vii) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property Generic GO Bond Proceeds 26 Grant Agreement for Program End Grants Packet Page Number 202 of 334 Ver — 6/30/14 G11, Attachment 2 and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement or use contract. The Public Entity shall not, without the written consent of the State Entity and the Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable, Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to be used to operate the State Program thereon or therein, (c) do any act or thing which would unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real Property or, if applicable, Facility, (f) remove any fixtures or personal property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of the Program Grant unless the same are immediately replaced with like property of at least equal value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility, in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property and, if applicable, Facility in accordance with the provisions contained in this Section, then the State Entity may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by the State Entity hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the State Entity to take any action, incur any expense, or expend any funds, and the State Entity shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the State Entity to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the Project and operation of the Real Property and, if applicable, Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, the Commissioner's Order, and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or cause the entity which is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and placed into operation, and (ii) all of such items that relate to the Generic GO Bond Proceeds 27 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 203 of 334 G11, Attachment 2 operation of the Real Property and, if applicable, Facility for a period of 6 years from the date such operation is initiated. Section 7.05 Inspections by State Entity. Upon reasonable request by the State Entity and without interfering with the normal use of the Real Property and, if applicable, Facility, the Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, Facility to allow the State Entity to inspect the Real Property and, if applicable, Facility. Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Program Grant, the Project, or the operation of the Real Property and, if applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.07 Non -Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.08 Worker's Compensation. The Public Entity agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Stat. §§ 176.181, subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and, if applicable, Facility. Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the State Entity and the Commissioner of MMB all claims it may have for overcharges as to goods or services provided with respect to the Project, and operation or management of the Real Property and, if applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10 Review of Plans and Cost Estimates. The Public Entity agrees to comply with all applicable provisions and requirements, if any, contained in Minn. Stat. § 1613.335, as it may be amended, modified or replaced from time to time, for the Project, and in accordance therewith the Public Entity agrees to comply with the following provisions and requirements if such provisions and requirements are applicable. A. The Public Entity shall provide all information that the State Entity may request in order for the State Entity to determine that the Project will comply with the provisions and requirements contained in Minn. Stat. § 1613.335, as it may be amended, modified or replaced from time to time. Generic GO Bond Proceeds 28 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 204 of 334 G11, Attachment 2 B. Prior to its proceeding with design activities for the Project the Public Entity shall prepare a predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review and comment. The predesign package must be sufficient to define the purpose, scope, cost, and projected schedule for the Project, and must demonstrate that the Project has been analyzed according to appropriate space and needs standards. Any substantial changes to such predesign package must be submitted to the Commissioner of Administration for the State of Minnesota for review and comment. C. If the Project includes the construction of a new building, substantial addition to an existing building, a substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then the Public Entity shall not prepare final plans and specifications until it has prepared a program plan and cost estimates for all elements necessary to complete the Project and presented them to the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee and the chairs have made their recommendations, and it has notified the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota State Senate Capital Investment Committee. The program plan and cost estimates must note any significant changes in the work to be performed on the Project, or in its costs, which have arisen since the appropriation from the legislature for the Project was enacted or which differ from any previous predesign submittal. D. The Public Entity must notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees of any significant changes to the program plan and cost estimates referred to in Section 7.10.C. E. The program plan and cost estimates referred to in Section 7.10.0 must ensure that the Project will comply with all applicable energy conservation standards contained in law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or replaced from time to time, and all rules adopted thereunder. F. If any of the Program Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 7. 10.13 and the program plan and cost estimates referred to in Section 7.10.0 must include provisions for cost- effective information technology investments that will enable the occupant of the Facility to reduce its need for office space, provide more of its services electronically, and decentralize its operations. G. If the Project does not involve the construction of a new building, substantial addition to an existing building, substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then prior to beginning work on the Project the Public Entity shall just notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees that the work to be performed is ready to begin. Generic GO Bond Proceeds 29 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 205 of 334 G11, Attachment 2 H. The Project must be: (i) substantially completed in accordance with the program plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the time schedule contained in the program plan referred to in Section 7.10.C, and (iii) completed within the budgets contained in the cost estimates referred to in Section 7.10.C. Provided, however, the provisions and requirements contained in this Section only apply to public lands or buildings or other public improvements of a capital nature, and shall not apply to the demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, parking structures, park and ride facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the Commissioner of Transportation for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04, as it may be amended, modified or replaced from time to time, ice centers, local government projects with a construction cost of less than $1,500,000.00, or any other capital project with a construction cost of less than $750,000.00. Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the State Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of the State Program on or in the Real Property and, if applicable, Facility. Section 7.12 Liability. The Public Entity and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of the State Entity and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Public Entity is a "municipality" as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466. Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss, expense (including attorneys' fees), and damage in connection with the Project and operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or Generic GO Bond Proceeds 30 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 206 of 334 G11, Attachment 2 because of damages to property of the State Entity, the Commissioner of MMB, or the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and, if applicable, Facility, whether or not due to any act of omission or commission, including negligence of the Public Entity or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the State Entity, the Commissioner of MMB, or the State of Minnesota, their employees, servants or agents. The Public Entity further agrees to indemnify, save, and hold the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06. The Public Entity's liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of the State Entity, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property and, if applicable, Facility. The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement, the Project, or the operation and maintenance of the Real Property and, if applicable, Facility shall not have any contractual relationship with the State Entity, the Commissioner of MMB, or the State of Minnesota, and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the State Entity, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the State Entity, the Commissioner of MMB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Generic GO Bond Proceeds 31 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 207 of 334 G11, Attachment 2 Section 7.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Public Entity at: «13» «13» 13» , MN <<13>> Attention: <<13>> To the State Entity at: «14» «14» «14» , MN <<14>> Attention: <<14>> To the Commissioner of MMB at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State Entity, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official of the party or against which such change or modification is to be imposed. Section 7.17 Waiver. Neither the failure by the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Public Entity, the State Entity, or the Commissioner of MMB, as a third Generic GO Bond Proceeds 32 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 208 of 334 G11, Attachment 2 party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the State Entity, and there are no other agreements, either oral or written, between the Public Entity and the State Entity on the subject matter hereof. Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 7.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 7.23 Matching Funds. The Public Entity must obtain and supply the following matching funds, if any, for the Project: (If there are no matching funds requirements then insert the word "NONE".) 15» Any matching funds which are intended to meet the above requirements must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public Entity shall supply to the Commissioner of MMB whatever documentation the Commissioner of MMB may request to substantiate the availability and source of any matching funds, and the source and terms relating to all matching funds must be consented to, in writing, by the Commissioner of MMB. Generic GO Bond Proceeds 33 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 209 of 334 G11, Attachment 2 Section 7.24 Source and Use of Funds. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down among the following categories: (i) State funds including the Program Grant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Public Entity, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses that are to be reimbursed and paid from proceeds of the Program Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Public Entity must provide to the State Entity and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the State Entity or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. The value of the Public Entity's ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. Generic GO Bond Proceeds 34 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 210 of 334 G11, Attachment 2 The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the State Program Enabling Legislation, be provided by either the Public Entity or a Counterparty under a Use Contract. Section 7.25 Third -Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third -party beneficiary of this Agreement. Section 7.26 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 7.27 State Entity and Commissioner Required Acts and Approvals. The State Entity and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 7.28 Applicability to Real Property and Facility. This Agreement applies to the Public Entity's ownership interest in the Real Property and if a Facility exists to the Facility. The term "if applicable" appearing in conjunction with the term "Facility" is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity's ownership interest in the Real Property. Section 7.29 E -Verification. The Public Entity agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e -verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such statute and impose a similar requirement in any Use Contract to which it is a party. Section 7.30 Jobs Reporting Requirements. Pursuant to Minn. Stat. § 16A.633, Subd. 4, the Public Entity shall collect, maintain and, upon completion of the Project, provide the information indicated in Attachment V of this Agreement, to the Commissioner of MMB. The information must include, but is not limited to, the following: the number and types of jobs created by the Project, whether the jobs are new or retained, where the jobs are located and the pay ranges of the jobs. Section 7.31 Additional Requirements. The Public Entity and the State Entity agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. (If there are no additional requirements then insert the word "NONE".) Generic GO Bond Proceeds 35 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 211 of 334 G11, Attachment 2 American -Made Steel. Minnesota Laws 2014, Chapter 294, Article 2, Section 22, requires public entities receiving an appropriation of public money for a project in that act to ensure those facilities are built with American-made steel, to the extent practicable. The Public Entity shall comply with this requirement, and shall furnish any documentation pursuant thereto reasonably requested by the State Entity. «16» [THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] Generic GO Bond Proceeds 36 Grant Agreement for Program End Grants Packet Page Number 212 of 334 Ver — 6/30/14 G11, Attachment 2 IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this General Obligation Bond Proceeds Grant Agreement End Grant for the «1» Project under the <<2>> Program on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: «4» , a «5» By: «17» Its: «18» Dated: And: «19» Its: <<20>> Dated: , STATE ENTITY: «5» , «21» Its: <<22>> Dated: , Generic GO Bond Proceeds 37 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 213 of 334 G11, Attachment 2 Attachment I to Grant Agreement State of Minnesota General Obligation Bond Financed DECLARATION The undersigned has the following interest in the real property located in the County of , State of Minnesota that is legally described in Exhibit A attached and all facilities situated thereon (collectively, the "Restricted Property"): (Check the appropriate box) a fee simple title, Fla lease, or ❑ an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Stat. § 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in that certain flnsert title of the general obligation grant ygreementl between and , dated , The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable form signed by both the Commissioner of flnsert the name of the State Entity that provided the grant] and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. (SIGNATURE BLOCK, ACKNOWLEDGMENTS, AND STATEMENT AS TO WHOM IT WAS DRAFTED BY.) Generic GO Bond Proceeds 38 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 214 of 334 G11, Attachment 2 Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY Generic GO Bond Proceeds Grant Agreement for Program End Grants 39 Ver — 6/30/14 Packet Page Number 215 of 334 Attachment II to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY «23» Generic GO Bond Proceeds Grant Agreement for Program End Grants Packet Page Number 216 of 334 G11, Attachment 2 40 Ver — 6/30/14 G11, Attachment 2 Attachment III to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identift Source of Funds Amount Identif Items State G.O. Funds .. .. .. .. .. .. ......... ...... ......... Ownership Acquisition Program Grant $ .. .. .. ....... and Other Items Paid for .. ... ......... ......... ......... with Program Grant Funds ....... Other State Funds Purchase of Ownership $ .. .................................................................................. Interest $ .. .. .... .. .............................................................................. Other Items of a Capital .. .. ....... ............................................................................... $ Nature Subtotal $ .. .. ....... .. .............................................................................. Subtotal Loans L 4 TOTAL FUNDS $ Generic GO Bond Proceeds Grant Agreement for Program End Grants Subtotal .................................................................................................................................................. .................................................................................................................................................. Items Paid for with .................................................................................................................................................. Non -Program Grant Funds Subtotal TOTAL PROJECT COSTS $ Mi Amount Ver — 6/30/14 Packet Page Number 217 of 334 Attachment IV to Grant Agreement GRANT APPLICATION «24» G11, Attachment 2 Generic GO Bond Proceeds 42 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 218 of 334 G11, Attachment 2 Attachment V to Grant Agreement JOBS REPORTING (a) Pursuant to Minn. Stat. Sec. 16A.633, subd. 4, State Entity is required to report the number of jobs created or retained by the Project. To enable State Entity to comply with Minn. Stat. Sec. 16A.633, subd. 4, the Public Entity is required to report the number of jobs created or retained by the Project to State Entity as set forth below. (b) The Public Entity shall require all of its contractors to report the information below to the Public Entity. The Public Entity shall then report to State Entity. Information can be recorded by State Entity in an Excel document that can be downloaded into the report by Minnesota Management and Budget. Each report must contain the following: (1) The name of the Project. (2) The State Entity's contract number, if applicable. (3) Reporting period. The appropriate biennium is to be selected. (4) The Agency Number. This will complete the next column with Agency Name. (5) Legal Citation for the Authorization. (6) Department ID responsible for the Project. (7) The Appropriation for the Project. (8) The Appropriation Amount. (9) Project Start Date. (10) Project Completion Date. (11) The County where the Project is located or, if it is located in more than one county, where it is primarily located. (12) Funding Source for Project. The selection will be Trunk Highway Bonds, General Obligation Bonds or General Fund. (13) Job Type. Jobs should be classified as either (i) engineering/professional, (ii) construction, or (iii) other. Manager and supervisor jobs shall be classified as category (i), (ii) or (iii) based on the nature of the work those individuals spent the majority of their time overseeing. (14) Hourly Wages. Jobs should be classified according to the hourly pay ranges below. Overhead or indirect costs or the value of pensions or other benefits should not be included in wages. (i) less than $10.00, (ii) $10.01 to $15.00, (iii) $15.01 to $20.00, (iv) $20.01 to $25.00, (v) $25.01 to $30.00, (vi) $30.01 to $35.00, (vii) $35.01 to $40.00, or (viii) more than $40.00. Generic GO Bond Proceeds 43 Ver — 6/30/14 Grant Agreement for Program End Grants Packet Page Number 219 of 334 G11, Attachment 2 (15) Jobs. a. Jobs should be classified as either (i) jobs created or (ii) jobs retained; they will not be counted as both. A "job created" is a new position created and filled, or an existing unfilled position that is filled, because of the Project. A "job retained" means a job at a specific wage level that existed prior to beginning the Project that would have been lost but for the Project. Only jobs in Minnesota should be counted. b. Jobs should be expressed in "full-time equivalents" (FTE). In calculating an FTE, the number of hours worked during the Reporting Period should be divided by 2,080 (the number of hours representing a full work schedule in a Reporting Period). Jobs should be reported regardless of when the Project or an individual's employment began or ended. Jobs are to be calculated based on hours worked in the current Reporting Period only, so that reporting is not cumulative. Jobs should not be separated into full-time, part-time, temporary, seasonal, etc. Instead, all hours should be totaled and converted into FTEs as indicated above. (c) Each contractor will report its workforce and the workforce of its subcontractors active during the Reporting Period. This includes employees actively engaged in the Project who work on the jobsite, in the Project office, in the home office or telecommute from home or other alternative office location. This includes, but is not limited to, any engineering personnel, inspectors, sampling and testing technicians, and lab technicians performing work directly in support of the Project. This does not include material suppliers such as steel, culverts, guardrail and tool suppliers. Only hours that relate to time spent on the Project should be reported. (d) The Public Entity must incorporate these reporting requirements into its contracts with its contractors (in part so that contractors can add the requirements to their contracts with subcontractors and impose deadlines on reporting by subcontractors). (e) To distinguish the jobs reported by contractors that were funded by the Grant, the Public Entity must multiply the job numbers reported by each contractor in each category above by the percentage of total Project costs funded by the Grant (e.g., if the Grant was 40% of total Project costs, the Public Entity should multiply the jobs numbers given in each category by 40% to arrive at the number of jobs funded by the Grant) and it is those numbers that should be reported to State Entity. Generic GO Bond Proceeds 44 Grant Agreement for Program End Grants Packet Page Number 220 of 334 Ver — 6/30/14 G12 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steve Lukin, Fire Chief PRESENTER: Steve Lukin, Fire Chief AGENDA ITEM: Storage Lease Agreement with Century College for the Storage of One Fire Truck Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ✓ Contract/Agreement ❑ Proclamation Policy Issue: The City of Maplewood needs to formally enter into a rental agreement with Century College for the storage of a fire truck at old Station 4 for a six-month period. Century College will compensate the Maplewood Fire Department in educational training credits, valued at $1500.00. Recommended Action: Motion to approve rental agreement with Century College. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0.00 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: n/a Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Operational Effectiveness ✓ Community Inclusiveness ❑ Targeted Redevelopment ❑ Infrastructure & Asset Mgmt. Approving this agreement will continue to enhance the Department's strong partnership with Century College. Background In Fall 2018, Century College purchased a used fire truck from the City of Maplewood to be used at the EMTF for its fire education program. Century College had a storage facility in place to store the truck over the winter. However, at the last minute, this fell through and the storage is no longer available. Century College turned to the Fire Department and asked for permission to store the fire truck at old Station 4 for a six-month period over the winter. Packet Page Number 221 of 334 G12 There is sufficient space at old Station 4 to allow Century College to temporarily store the fire truck. In exchange, Century College has agreed to compensate the Fire Department with educational training credits, valued at $1500.00. Attachments 1. License Agreement Between Century College and the City for Vehicle Storage Packet Page Number 222 of 334 G12, Attachment 1 LICENSE AGREEMENT BETWEEN CENTURY COLLEGE AND THE CITY OF MAPLEWOOD FOR VEHICLE STORAGE IN CITY'S VACANT FIRE STATION This License Agreement ("Agreement") is made and entered into this day of , 2019, by and between the Board of Trustees of the Minnesota State Colleges and Universities on behalf of Century College, Minnesota (the "College") and the city of Maplewood, a Minnesota municipal corporation (the "City"). The College and the City may hereinafter be referred to individually as a "party" or collectively as the "parties". WHEREAS, The College owns a fire truck (the "Vehicle") and is in need of a facility to store it on a temporary basis; and WHEREAS, the City currently owns and maintains the real property located at 2501 Londin Lane East, Maplewood, MN 55119 (the "Property"); and WHEREAS, the Property contains a heated building that was formerly used by the City as a fire station (the "Building"); and WHEREAS, although the City is actively trying to sell the Property, the College and the City wish to enter into a licensing agreement whereby the College will be allowed to park and store its Vehicle in the Building; and WHEREAS, the City is willing to issue the College a license to use the Building for the storage purposes described herein, provided such use is in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: Terms of License. The City hereby grants to the College a non-exclusive license to access the Property and use the Building for the parking and storage of its Vehicle. The College may only park and store its Vehicle inside of the Building and may not park or store its Vehicle anywhere else on the Property. No other items aside from the Vehicle may be stored anywhere on the Property or in the Building. The use of the Property and the Building by the College, its officials, staff, agents, and/or contractors shall be solely for parking and storing the Vehicle during the period beginning upon commencement of this Agreement and continuing until this Agreement is terminated, as provided herein. 2. Access. The College shall have access to the Property and the Building 24 hours per day, 7 days per week. Only persons known to and authorized by the College shall be allowed to access the Property and the Building. 618128v1MA745-3 Packet Page Number 223 of 334 G12, Attachment 1 3. Compensation. As compensation for the use of the Property and Building for the purpose specified herein, the College agrees to grant to the City credit of $1,500 towards courses or training taken by City employees at the College. 4. Permissive Use. The College agrees that its use of the Property is with the City's permission and is not open, continuous, notorious or in any other manner supportive of a claim of adverse possession, prescriptive easement, or other entitlement to the Property. The granting of this license shall not be construed as an expressed or implied abandonment of all or any portion of the Property. The parties acknowledge that this Agreement is a license to use the Property for the purposes described herein, and it is not a lease or easement and does not confer any estate or interest in real property to the College. 5. Maintenance. The City agrees to keep the Building heated and incur all costs associated thereto. The College shall be solely responsible for the placement and removal of the Vehicle that it parks or stores on the Property pursuant to this Agreement. The College shall also be solely responsible for returning any portions of the Property disturbed during the parking and storing of its Vehicle to their original condition within 30 days following termination of this Agreement. 6. Sale of Property. The City intends to sell the Property and may continue to list the Property for sale during the term of this Agreement. The College agrees to ensure that its use of the Property and the Building shall not interfere with the City's efforts to sell and market the Property. 7. Termination. This Agreement shall terminate on April 30, 2020 or such earlier date as the parties may agree. This Agreement shall also be deemed automatically terminated upon transfer or sale of the Property by the City. The City shall notify the College of termination as soon as reasonably possible after it learns that the Property is being sold or transferred. 8. Property Restoration. Within 30 days from termination of this Agreement, but in no event later than the date of closing in the case of sale of the Property, the College shall be solely responsible for removing its Vehicle from the Building and restoring any portion of the Property disturbed by its use to at least the same condition the Property was in prior to the College's use under this Agreement. 9. Indemnification. The College agrees to hold harmless, indemnify and defend the City, its officials, employees, and agents against any and all claims, expenses, and liabilities incurred, including reasonable attorneys' fees, arising out of, or in any way related to, the acts or omissions of the College, its staff, agents, or contractors in using the Property and the Building for the parking and storage of its Vehicle. This provision shall not be deemed as a waiver of any statutory immunities or liability limits available to any party under law. 10. Insurance. The College shall, during the entire term of this Agreement, maintain in force general liability insurance and automobile insurance covering the Vehicle being parked 2 618128v1MA745-3 Packet Page Number 224 of 334 G12, Attachment 1 and stored in the Building. The City shall have no obligation to insure any vehicle owned by the College, its officials, staff, agents, or contractors. 11. Disclaimer of Warranty. Aside from the Building being heated, the City makes no representation or warranty as to the suitability of the Property or the Building for use by the College and no such representation, warranty, or any other representations are made by the City or shall be implied by operation of law or otherwise. The College accepts the Property and the Building in an as -is, where -is condition with all faults, defects, and deficiencies. 12. Non -Exclusive Use. The College acknowledges that the City has previously entered into a similar licensing agreement with another entity for vehicle storage. The College's use of the Building and the Property are not exclusive and the College agrees not to interfere with the use of the Building and the Property by the other licensee. 13. Governing Law. The parties agree that the interpretation and construction of this Agreement shall be governed by the laws of the State of Minnesota. 14. Entire Agreement. This Agreement contains the entire understanding of the parties regarding the matters addressed herein. No modifications to this Agreement are effective unless in writing and signed by all parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first above written. MINNESOTA STATE COLLEGES AND UNIVERSITIES CENTURY COLLEGE By: Its By: Its Date: 618128v1MA745-3 Packet Page Number 225 of 334 G12, Attachment 1 CITY OF MAPLEWOOD: itz ME Date: 618128v1MA745-3 Packet Page Number 226 of 334 Marylee Abrams, Mayor Melinda Coleman, City Manager 11 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Shann Finwall, AICP, Environmental Planner Ellen Paulseth, Finance Director PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: Recycling Cart Purchase Analysis Action Requested: ❑ Motion ✓ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: On September 6, 2019, the City Council approved a 5-1/2 year contract with Tennis Sanitation for single and multi -family residential curbside recycling. Under the new contract, the City is considering purchasing recycling carts. The financial details and pros and cons to the recycling program are outlined in this report. Recommended Action: Review and discuss the recycling cart purchase analysis. Staff recommends not to purchase recycling carts. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is approximately $300,500 for recycling carts. Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: Recycling Fund Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ✓ Infrastructure & Asset Mgmt. The City's recycling program creates operational effectiveness by protecting the public health and safety, and promoting City cleanliness and livability. It is also an important component to the City's green infrastructure - which purpose is to achieve a reduction in waste generated by using best management practices to protect air quality, water quality, and natural resources. Packet Page Number 227 of 334 11 Background Ramsey County Cart Grant Program In 2015 Ramsey County set aside $3.5 million for the Ramsey County Cart Grant program. The program was put in place to offer cost share grants to all cities in Ramsey County that wanted to convert their recycling program from the collection of recyclables in bins to the collection of recyclables in City -owned carts. The funding is available on a first-come, first-served basis and will end when the funding is depleted. To date four cities have taken advantage of the cart grant program (St. Paul, Shoreview, North Oaks, and North St. Paul) and there is $1.2 million remaining in the fund. Maplewood Conversion to Recycling Carts Maplewood's 2014-2015 Recycling Contract with Tennis Sanitation outlined the conversion of the City's recycling program to recycling carts. The contract included separate pricing for contractor - supplied and City -owned recycling carts. The City Council considered the Ramsey County Cart Grant opportunity at that time, but opted to convert the City's recycling program to contractor - supplied recycling carts instead. As such, Tennis Sanitation rolled out 65 gallon recycling carts to all single family residents and 95 gallon recycling carts to multi -family developments in 2015. New Recycling Contract Rates The new 5-1/2 year contract with Tennis Sanitation beginning January 1, 2020, for single and multi- family curbside recycling also outlines recycling rates for contractor -supplied and City -owned carts as follows: 1. Contractor -supplied recycling carts: $4 per household per month for any size cart in 2020, with increases of $.25 per year, to $5.25 per household per month in 2025. 2. City -owned recycling carts: $4.50 per household per month for any size cart in 2020, with increases of $.25 per year, to $5.75 per household per month in 2025. The cost for City -owned carts would be reduced by $.10 if the City purchases carts through Tennis Sanitation's preferred cart manufacturer (prices ranging from $4.40 to $5.65). Tennis Sanitation stated that the reason for charging higher recycling rates for City -owned carts is due to the required cart management for City -owned carts, which would require that they hire one full-time employee. City -Owned Recycling Carts The City received three quotes from cart manufacturing companies for the purchase of 11,970 recycling carts. Carts would be offered in three different sizes including 35, 65, and 95 gallon. Based on the quotes received, the approximate cost for the carts, freight, and delivery to residents would be $601,000. The Ramsey County Cart Grant would cover one-half the overall cost, or approximately $300,500. The City could fund the purchase of recycling carts with existing Recycling Fund reserves. Recycling Cart Cost Analysis City staff reviewed two recycling fund financial plan scenarios based on the new recycling contract rates: one with the purchase of City -owned recycling carts and one with contractor -supplied recycling carts. Packet Page Number 228 of 334 11 City -Owned Recycling Cart Cost Analysis An increase in recycling rates by 90 percent for the first year of the contract, and 5 percent yearly thereafter would be required to sustain this model. The additional cost of the carts to the consumer would be $80.66 for the 5-1/2 year contract. Contractor -Supplied Recycling Cart Cost Analysis Households will save 50 cents per month with the existing contractor -supplied cart model. While one of the arguments for City -owned recycling carts may be a better negotiating position in future contracts, the City did not see that scenario play out in this Request for Proposal process. The City can always choose to purchase carts at a later date if it appears that it will provide for an advantage in negotiating future contracts or if there are additional grant funding opportunities during the existing contract. Pros and Cons of City -Owned Recycling Carts Pros 1. Contract Pricing: Better recycling rate pricing in future recycling contracts. The cost of the Contractor -supplied recycling carts does not have to be amortized for the life of the contract. 2. Aesthetics: Recycling and trash carts would be compatible, improving appearance and consistency throughout the City. 3. Education and Branding: Ability to customize hot stamp markings, in mold education labels, and City branding. 4. Ownership: Complete ownership of the cart fleet for both the trash and recycling programs. 5. Warranty: New ten-year warranty on the carts. 6. Future Pay as You Throw Program: More control over the future Pay as You Throw trash hauling program by promoting larger recycling carts and smaller trash carts. 7. Ramsey County Cart Grant: Covers 50 percent of the cost of carts, freight, and cart delivery to residents. This grant opportunity is a first-come, first -serve basis and future funding may not be available. 8. New Contractors: It is easier to switch recycling contractors with City -owned carts. Cons 1. Initial Cost of Carts and Replacements: The City would need to pay half the cost of the carts up front ($300,500) and immediately begin setting aside a reserve of $650,000 for total replacement of the carts in ten years once the warranty has expired. 2. Recycling Contract Rates: Tennis Sanitation will charge 50 cents per household per month more if the City provides the carts (or 40 cents more if the City purchased carts through Tennis Sanitation's preferred vendor), totaling approximately $93,606 per year, in addition to the cost of the new carts. Packet Page Number 229 of 334 11 3. Recycling Fund Reserves: The initial purchase would significantly deplete the reserve in the Recycling Fund, which would result in cash flow problems, bringing operating reserves down to $122,000 or 8.35 percent of expenditures. The recommended operating reserve is $290,000 or 25 percent of expenditures. A 90 percent fee increase would be required in the first year to maintain the minimum requirement for fund balance. If the City did not purchase the carts, the recycling reserve can be used to mitigate the increase in recycling fees and to cover the growing deficit in the trash cart fund. 4. Additional Costs to Residents: The rate increases required to sustain the City -owned recycling cart model would cost each household $263.35 more over the contract period. This totals $4,108,578 for all households in the community. This compares with a household increased cost of $182.69 for the existing contractor -supplied cart model over the contract period, totaling $2,850,136 for all households in the community. The City -owned cart model results in an additional total cost of $1,258,442 for all households. Recycling Cart Cost Analysis Summary It is more cost effective to continue with the contractor -supplied recycling carts. This is due, in part, to increased prices for City -owned carts as proposed by Tennis Sanitation in the new contract. In addition, the City would be required to pay for one half the amount of the cart investment up front and establish a financing plan for replacement of the carts. The cost benefit analysis of owning carts during the term of the new contract (including the Ramsey County grant) suggests continuing with the contractor -supplied cart model. This is due to the fact that Tennis Sanitation has recycling carts in place and has offered the City better pricing to keep the program status quo. The cost to the community for the City -owned carts during this contract period exceeds $1,258,442 ($80.66 x 15,601 households). City staff can monitor the Ramsey County recycling cart grant funding and entertain the City -owned cart discussion again at a future point in time. The City can convert to owning carts at any time during the contract period. Attachments 1. Recycling Fund Analysis Packet Page Number 230 of 334 11, Attachment 1 Recycling Fund Analysis Recycling Fee: The chart below illustrates the impact on the recycling fee with contractor -supplied carts and City -owned carts for the 5.5 -year contract period. Our analysis includes ten years of data; however, in the interest of clarity, the chart reflects only the contract period. The City -owned cart scenario has a greater impact on the recycling fee during the contract period and for the foreseeable future. Because the City would need to make a significant investment in carts up -front, establish a capital reserve account for replacement carts, incorporate the significant increase in the hauler's contract, and replenish operating reserves, a 90% increase in the recycling fee would be required in the first year, followed by a 5% increase in each year thereafter. In the contractor -supplied cart scenario, the City would leverage the existing reserves to spread the hauler's increase over the first three years. No investment in carts or capital reserve would be required. Recycling Fee $120.00 $107.96 $97.92 $102.82 $100.00 $80.56 $84.59 $88.82 $m�« $80.00 ...... $92.03 $96.63 $60.00 $79.50 $83.48 $87.65 $42.4 $66.25 $40.00 $53.00 $42.40 $20.00 $0.00 f►�r1i n�'i�r��ri�r��i ��r�►�►��r�►�e�Zr�►k �►�r�►�•�Zf)�: —Recycling Fee Contractor Carts {Recycling Fee City Carts Impact on Community: During the contract period, the cost to all households in the community would be $1,258,441 more with the City -owned cart model. Potential savings in future hauler's contracts with City - owned carts was not assumed in our analysis, because of the difficulty in quantifying it with existing data. Impact on Community for Contract Period $4,108,578 $4,500,000 $2,850,136 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0 Recycling Fee Contractor Carts Recycling Fee City Carts Packet Page Number 231 of 334 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 232 of 334 J1 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: Frost English Village, Commercial Retail Building, 1905 English Street North a. Conditional Use Permit Resolution b. Lot Division c. Design Review Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Sherman Associates is proposing to construct the third and final phase of its redevelopment of the 5.5 acre former Maplewood Bowl site. Phases one and two are complete and open. Phase one included 50 units of multifamily housing and phase two comprises 107 units of independent senior housing. Phase three will be an 8,288 -square -foot commercial retail building located at 1905 English Street North. The developer has also purchased the existing liquor store building at 1281 Frost Avenue. The building at 1281 Frost is proposed to be demolished and the site incorporated into this new project. To move forward with this project, the applicant needs city approval of a conditional use permit, lot division, and design review. Recommended Action: a. Motion to approve the attached conditional use permit resolution for a drive-through window and increased building setback within the mixed-use zoning district for a new commercial retail building at 1905 English Street North. b. Motion to approve the lot division request to combine the parcels located at 1281 Frost Avenue East and 1905 English Street North. This lot division approval is subject to the following conditions: Prior to issuance of a certificate of occupancy for the new commercial building the following must be submitted to staff for approval: a. Proof that Ramsey County has recorded the lot division. b. Copies of all executed and recorded parking and access easement agreements between the three phases of Frost English Village. Packet Page Number 233 of 334 J1 c. Motion to approve the design plans date-stamped October 1, 2019 for the 8,288 -square -foot building to be constructed at 1905 English Street North. Approval is subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. All requirements of the fire marshal and building official must be met. 3. Meet all requirements in the engineering report dated October 4, 2019. 4. The applicant shall obtain all required permits from the Ramsey -Washington Metro Watershed District. 5. All rooftop equipment shall be screened. 6. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. A photometric plan meeting all code requirements. b. Revised building elevations showing an increase of primary building materials and decrease of secondary building materials as defined by the mixed use zoning district. The revised building elevations must include an extension of brick at all pilasters to the bottom of the parapet. c. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. d. Submit elevations for a trash and recycling enclosure. e. Submit a revised site plan with a building setback of 20 feet from Frost Avenue. 7. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in -ground lawn irrigation system for all landscaped areas. d. Install all required outdoor lighting. e. Install all required sidewalks and trails. 8. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. Packet Page Number 234 of 334 J1 b. The above -required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 9. All work shall follow the approved plans. The director of community development may approve minor changes. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0. Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: N/A Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Targeted Redevelopment ❑ Infrastructure & Asset Mgmt. The city deemed the applicant's application complete on October 1, 2019. The initial 60 -day review deadline for a decision is November 30, 2019. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary to complete the review. Background Conditional Use Permit Drive -Through This site is zoned mixed use. Commercial and retail buildings are a permitted use in the mixed use zoning district however the applicant is proposing a drive-through which requires a conditional use permit. The drive-through is located on the east side of the building between the new building and English Street. The applicant is proposing to screen the drive-through from the Frost English intersection with the use of landscaping. The proposed drive-through will not have any adverse effects on nearby residential units. Parking Waiver When phase two of the Frost English Village project was built, the applicant constructed 24 parking spaces that were intended to serve as shared parking with the phase three commercial project. As part of this new construction project the applicant is proposing to construct 44 additional new parking spaces. These 44 new spaces satisfy the city's parking requirements for a commercial building. For this project, code requires 42 parking spaces — one space for every 200 square feet of building area. The applicant is working to secure a cafe -type tenant for the east lease space. Cafes, restaurants and coffee shops require one parking space for every 50 square feet of floor area availability to customers. Using the example of the new Starbucks that recently opened at 2146 White Bear Avenue there is 1,300 square feet of area available to customers meaning 26 parking spaces are Packet Page Number 235 of 334 J1 required. Translating that to this new building, there would be 6,988 square feet of commercial space still available for the potential cafe user — requiring an additional 35 spaces. So for a building with one cafe -type user and other general commercial users the city would require 61 parking spaces. The proposed site plan with the new parking spaces would be short 17 spaces. However, with the shared parking built for phase two and the new parking that is proposed to be built with this project there will be 68 parking spaces available. Staff is comfortable with the proposed site plan and parking under these general assumptions and is recommending the city approve a parking waiver allowing shared parking between the second and third phases of Frost English Village. Shared parking is consistent with the development strategies outlined in the Gladstone Neighborhood Redevelopment Plan. Shared parking and access easement agreements will be required to be executed with copies submitted to the city. Increased Front Yard Setbacks The mixed use zoning district has a maximum building setback of 10 feet. The city council may increase maximum setbacks with approval of a conditional use permit. The conditional use permit may only be approved if the applicant has demonstrated on its site plan that the intent of the mixed use zoning district is being met. Phase one of the Frost English Village development — the multi -family building to the west of this proposed project — is setback 20 feet from Frost Avenue which meets code requirements. The applicant wanted to have a consistent setback between the first and third phases which also allows for a service sidewalk and landscaping to occur between the new building and the south property line. As proposed, the building would be setback approximately 23 feet from the south property line. Staff is recommending the site plan be revised so the building would be setback 20 feet from the south property line. Staff does believe even with an increased setback the intent of the mixed use zoning district is being met. The building is attractively designed. An increased setback in this situation allows for cohesion between this new phase and previous phases in the overall development. Lot Division As part of this project the developer is purchasing the liquor store and property directly west of the site. The developer plans to demolish the existing liquor store building and incorporate the land into this project. The applicant will need to combine the two lots into a single parcel. Maplewood code allows this to occur administratively but staff is including this action with the other required approvals for this project. Desian Review Site Plan The phase three building will be constructed just northwest of the Frost and English intersection. The building will front Frost Avenue with customers accessing the building on the north side. The parking lot will also be on the north side of the building. No new access drives will be created with this project. Customers accessing the new building will use the access points on English Street and Frost Avenue that were installed during the first two phases of this overall development. Packet Page Number 236 of 334 J1 Building Elevations In the mixed use zoning district, exterior building walls adjacent to or visible from a public right-of- way or public open space may not exceed 40 feet in width. New buildings of more than 40 feet in width are allowed if the building wall is divided into smaller increments, between 20 and 40 feet in width, through articulation of the fagade. Exterior building materials shall be classified primary, secondary or accent material. Primary materials shall cover at least 60 percent of all fagades of a building. Secondary materials may cover no more than 30 percent of all fagades of a building. Accent materials may include door and window frames, lintels, cornices and other minor elements, and may cover no more than ten percent of all fagades of a building. The community design review board may consider exceptions to the above-mentioned design standards if they uphold the integrity of the guidelines and result in an attractive, cohesive development design as intended by ordinance. The applicant worked to design the commercial building to be unified with the other two phases in this development. The primary materials for proposed commercial building are brick, lap siding and fiber cement panels. Rockface CMUs would be used for the foundation of the building. Code states primary materials may be brick, stone or glass and again must be comprised of 60 percent of all facades. Based on the applicant's plans 42 percent of the building's materials would meet this requirement. Code also states that secondary materials may cover no more than 30 percent of all fagades of a building. Secondary materials include stucco. The applicant's plan of using stucco textured fiber cement panels on 35 percent of the building's elevations does not meet this code requirement. Staff believes the overall design of the building is attractive and fits in well with the other two phases. However, the applicant should be required to submit revised building elevations showing an increase of primary building materials and a decrease of secondary building materials. Landscaping The applicant is proposing to plant 14 new trees throughout the site as well as numerous shrubs, perennials and grasses. The landscaping plan is attractively designed and meets all the landscaping requirements of the mixed use zoning district. Lighting A photometric plan will be required to be submitted to staff ensuring code compliance. Trash Enclosure A trash and recycling enclosure will be built to the east of the building within the drive-through loop. The applicant will be required to submit to staff elevations on the enclosure prior to its construction to ensure color and building material compatibility with the building. Gladstone Neighborhood Redevelopment Plan The Gladstone Neighborhood Redevelopment Plan outlines nine guiding principles to redevelopment in the area as follows: 1. Design the future of Gladstone as a village. 2. Transform regional trails into celebrated village corridors. Packet Page Number 237 of 334 J1 3. Make Gladstone a compelling quality of life choice. 4. Weave natural systems and ecological function into the built and recreational environment. 5. Allow Gladstone's future to whisper the story of its past. 6. Make walkability the standard. 7. Think of Gladstone as a neighborhood for all stages of life. 8. Make the Gladstone redevelopment plan a model for others to follow. 9. Make multi -modal links between Gladstone and areas beyond. The Gladstone Neighborhood Redevelopment Plan further outlines development strategies for Frost Avenue North, which includes the former Maplewood Bowl site, as follows: • Achieving a mix of neighborhood retail services fronting on Frost Avenue and English Street • Incorporation of rainwater gardens, alternative pavement strategies, shared parking and other techniques to minimize surface water runoff and provide for treatment of runoff. • Incorporation of recycled building materials, roof top gardens, solar energy systems and other sustainable building techniques that contribute to the educational and interpretive vision of the Gladstone Savanna. • Flexibility to accommodate the bowling alley use and other local neighborhood retail businesses that desire to stay in the neighborhood. • Redevelopment of the Frost Avenue North area has important financial relationships with the remainder of the Gladstone Neighborhood. Actual implementation efforts should explore ways that this project can provide financial resources to other parts of the master plan, particularly the improvement of Flicek Park and Frost Avenue. • Development may orient toward the regional trails rather than back up to them. • Building heights should be "stepped back" from the street as they grow in height Department Comments Engineering Please see Jon Jarosch's engineering report, dated October 4, 2019, attached to this report. Building From Dave Peterson — Building Official: Build per 2012 IBC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code, 2015 Minnesota State Fire Code, MN 2015 Accessibility code, MN1306, and 2015 Minnesota Building Code. Demonstrate compliance with all the requirements of the 2012 Minnesota Energy Code Chapter 1323 Section C401.2. Mixing 2012 IECC provisions and ASHRAE Standard 90.1 to obtain compliance is not an option. The following forms must be completed as submittals. a. ASHRAE 90.1-2010 Building Envelope Compliance Documentation b. ASHRAE 90.1-2010 HVAC Compliance Documentation C. ASHRAE 90.1-2010 Service Water Heating Compliance Documentation d. ASHRAE 90.1-2010 Lighting Compliance Documentation e. Or COMCHECK Special inspections required as per 2012 IBC Chapter 17. Complete supporting special inspection schedule document and submit with plans. Packet Page Number 238 of 334 J1 Plumbing plans shall be submitted to the State Plumbing Department for approval prior to the issuance of a plumbing permit. St Paul water requires permits for water piping. Maplewood requires permit for drain waste and vent. Permits are required for building, plumbing, mechanical, electrical, fire alarm, and sprinklers. Provide two sets of stamped and signed plans and one digital set. Board and Commission Review October 15, 2019: The community design review board (CDRB) reviewed this project and recommended approval. The CDRB added a condition requiring additional brick be added to the building — this is reflected in the conditions of approval. October 15, 2019: The planning commission held a public hearing and reviewed this project and recommended approval. There were no speakers during the public hearing. Citizen Comments Staff surveyed the 29 surrounding property owners within 500 feet of the proposed site for their opinion about this proposal. Staff received one response — shown below. 1. We are excited to see new development coming into the area. However we are very concerned of what type of retail stores that would be coming in. The existing businesses do not need more competition, especially after the summer of road construction. (David Borchert, 1344 Frost Avenue) Reference Information Site Description Site Size: 1.24 acres (1905 English and 1281 Frost) Existing Land Use: 1905 English — Vacant Land' 1281 Frost — Liquor Store Surrounding Land Uses North: Frost English Silver — senior housing building South: Gladstone Savanna East: Vacant Moose Lodge building — now owned by City of Maplewood West: Frost English Village — multifamily housing Planning Existing Land Use: Mixed -Use — Neighborhood HD Existing Zoning: Mixed Use (MU) Past Actions On January 22, 2014: the Metropolitan Council approved a livable communities demonstration account (LCDA) grant request for the city of Maplewood for $1,900,000. This grant money was Packet Page Number 239 of 334 J1 used for public infrastructure improvements along Frost Avenue and assisted the developer with the purchase of the Maplewood Bowl site. On April 13, 2015: The city council approved a conditional use permit, lot division and design review requests, which were required for the four-story, multi -family building with 50 units phase one project to move forward. April 10, 2017: The city council approved a conditional use permit for an increased front yard setback and a parking waiver for Phase two of the project. Phase two included 107 units of senior housing. Attachments 1. Conditional Use Permit Resolution 2. Overview Map 3. Land Use Map 4. Zoning Map 5. Site Plan 6. Landscape Plan 7. Building Elevations 8. Jon Jarosch's Engineering Report, dated October 4, 2019 9. Draft Community Design Review Board Minutes, October 15, 2019 10. Draft Planning Commission Minutes, October 15, 2019 11. Applicant's Plans (separate attachment) Packet Page Number 240 of 334 J1, Attachment 1 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Shane LaFave, of Sherman Associates, has applied for a conditional use permit for a commercial building with a drive-through, an increased front -yard setback and a parking waiver in a MU (mixed use) district. WHEREAS, Section 44-680 of the city ordinances requires a conditional use permit for buildings with a drive-through and section 44-681 for buildings with an increased front yard setback in a MU (mixed use) zoning district. WHEREAS, this permit applies to the property located at 1905 English Street North. The legal description of the property is: Lot 3, Block 1, The Villages at Frost -English, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: On October 15, 2019, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the conditional use permit. 2. On October 28, 2019, the city council discussed the conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council the above- described conditional use permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. Packet Page Number 241 of 334 J1, Attachment 1 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. A drive-through is approved on the east elevation of the new commercial building. All noise, lighting and sign code requirements must be met. 5. The phase three building is approved with an increased Frost Avenue front yard setback which is not to exceed 20 feet. 6. A parking waiver of 17 spaces is allowed. This waiver also includes the approval of the use of shared parking of 24 parking spaces that were built with the phase two senior housing project. 7. Cross -access, maintenance and parking agreements between Phases 1, 2 and 3 are required. A copy of all executed and recorded documents shall be submitted to the city. The Maplewood City Council this resolution on October 28, 2019 Packet Page Number 242 of 334 1905 English Street North J1, Attachment 2 M V-�' M City of Maplewood September 20, 2019 Maplewood Packet Page Number 243 of 334 1905 English Street North K uta City of Maplewood Maplewood 2040 Future Land Use Map 4 A MODD M4 t� ^ a J„ �e r 1, J1, Attachment 3 September 20, 2019 Y. V V\.✓.JV WJ •� .. Legend e Future Land Use - 2040 Low Density Residential Medium Density Residential High Density Residential V//////, Mixed Use - Neighborhood High Density Public/Institutional Open Space Park Subject Property 0 490 : Cit of Ma Feet Source lewood, Ramse Count Packet Page Number 244 of 334 1905 English Street North City of Maplewood Maplewood Zoning Map Legend Zoning J1, Attachment 4 September 20, 2019 an ve Skillman Ave rn e r v an Ave F Ryan Ave ` i% Open Space/Park Single Dwelling - Small Lot (r1 s Single Dwelling (r1) Double Dwelling (r2) Multiple Dwelling (r3) Farm (f) Mixed Use (mu) Subject Property 0 490 Feet Source: City of Ma lewmsey Count ly Packet Page Number 245 of 334 ►� a o °` 5� 8 MV.0 m e a G Z+ + o m g§ a a s ❑ m G W� p W oa a mo 03 ff z o s w O t2 N Di F N E ag e a g z LU W - < ea aer 4g �u 2 gz r 5 z a n W YQ64 31 bi ❑ W z o and S% :g �a 20 09 i� 9 9 S� z „ a � � 3 Packet Page Number 246 of 334 J1. Attachment 5 z 0 0 Fd CO W J1, Attachment 6 LU C:) IM 22 I —Ml z A ------------ -- ----------------- O 5 LL CO w W (D LL4— a H. III I" "Vi I Co U) (D 0 Wns, L L ! �p w j 4 w w w CD Ul� -0- 2 Uh wo W M HV 7, N 90 Packet Page Number 247 of 334 z. -E C3 LU III I" "Vi I Co U) (D 0 Wns, L L ! �p w j 4 w w w CD Ul� -0- 2 Uh wo W M HV 7, N 90 Packet Page Number 247 of 334 J1, Attachment 7 n 0 Packet Page Number 248 of 334 C7 (0 mID N r N C 0) it SIT D J1, Attachment 7 Lo Packet Page Number 249 of 334 Packet Page Number 250 of 334 J1, Attachment 7 J1, Attachment 8 Engineering Plan Review PROJECT: Villages at Frost & English Phase III — 1955 English Street PROJECT NO: 19-34 COMMENTS BY: Jon Jarosch, P.E. — Assistant City Engineer DATE: 10-4-2019 PLAN SET: Engineering plans dated 9-20-2019 The applicant is proposing to construct Phase III, the final phase of the Villages at Frost and English project. The applicant is requesting design approval for the Phase III site plan. Stormwater management for Phase III is proposed to be accommodated via the use of an underground storage and infiltration system. It appears from the stormwater management plan submitted that the proposed improvements meet the City's stormwater standards. This review does not constitute a final review of the plans, as the applicant will need to submit construction documents for final review, along with ratified agreements, prior to issuing building and grading permits. The following are engineering review comments on the design and act as conditions prior to issuing permits: Drainage and Stormwater Management 1) The project shall be submitted to the Ramsey -Washington Metro Watershed District (RWMWD) for review. All conditions of RWMWD shall be met. 2) The Owner shall sign a joint stormwater maintenance agreement, with the City and RWMWD, for all storm water treatment devices (sumps, storm sewer, infiltration basins, ponds, etc.). Grading and Erosion Control 3) The infiltration basins, underground infiltration systems, and ponding areas shall be protected from sedimentation throughout construction. 4) Inlet protection devices shall be installed on all existing and proposed onsite storm sewer until all exposed soils are stabilized. 5) Public and private roads shall be swept as needed to keep the pavement clear of sediment and construction debris. Packet Page Number 251 of 334 J1, Attachment 8 6) All pedestrian facilities shall be ADA compliant. 7) A copy of the project SWPPP and NDPES Permit shall be submitted prior to the issuance of a grading permit. Sanitary Sewer and Water Service 8) Sanitary sewer service piping shall be schedule 40 PVC or SDR 35. 9) The proposed water service modifications are subject to the review and conditions of Saint Paul Regional Water Services (SPRWS). The applicant shall submit plans and specifications to SPRWS for review and meet all requirements they may have prior to the issuance of a grading permit by the City 10) The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this phase of the project. Appropriate fees shall be charged during the permitting process. Other 11) The applicant shall provide turning movement diagrams for the drive-thru along the east side of the proposed building. This diagram shall confirm that the drive-thru layout is navigable by the types of vehicles expected to utilize this facility. 12) The current layout creates a conflict between vehicles in the eastbound drive aisle and vehicles seeking to enter the drive-thru from the north. The applicant shall address how traffic will be controlled in this area to ensure the safety of the motoring public. 13) The plans shall be signed by a professional engineer currently licensed in the State of Minnesota. 14) Agreements or easements between the three lots are necessary to address the drainage, utilities, roads, and parking lots that cross lot lines within the proposed development. These agreements shall detail the shared usage and responsibilities of each lot as it pertains to these common amenities, including long-term maintenance. A copy of these agreements shall be provided to the City of Maplewood. 15) With the high-density of residences directly adjacent to this property, it will be necessary to provide a barrier (fencing) between the active project area and the adjacent properties. Packet Page Number 252 of 334 J1, Attachment 8 16) Any damage to the sidewalks or other public infrastructure adjacent to the site caused by the proposed construction shall be repaired to equal or better condition at the owners expense. Public Works Permits The following permits are required by the Public Works Department for this project. The applicant should verify the need for other City permits with the Building Department. 17) Grading and erosion control permit 18) Sanitary Sewer Service Permit 19) Storm Sewer Permit - END COMMENTS - Packet Page Number 253 of 334 J1, Attachment 9 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, OCTOBER, 2019 5:30 P.M. E. NEW BUSINESS 3. Design Review, Frost English Village, Commercial Retail Building, 1905 English Street North i. Assistant Community Development Director, Michael Martin gave the report on the design review for Frost English Village, Commercial Retail Building, 1905 English Street North and answered questions of the board. ii. Shane LaFave, Sherman Associates, 233 Park Avenue, Minneapolis, addressed the board. iii. Collin Kaas, Kaas-Wilson Architects, 1301 American Boulevard East, Bloomington, addressed the board. Boardmember Shankar moved to approve the design plans date-stamped October 1, 2019 for the 8.288-sauare-foot buildina to be constructed at 1905 Enalish Street North ADDroval is subiect to the aaDlicant doina the followina: (chanaes to the staff conditions are in bold and underlined) 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. All requirements of the fire marshal and building official must be met. 3. Meet all requirements in the engineering report, dated October 4, 2019. 4. The applicant shall obtain all required permits from the Ramsey -Washington Metro Watershed District. 5. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. A photometric plan meeting all code requirements. b. Revised building elevations showing an increase of primary building materials and decrease of secondary building materials as defined by the mixed use zoning district. The applicant shall show the building with an extension of brick at all pilasters to the bottom of the parapet. c. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. d. Submit elevations for a trash and recycling enclosure. 6. The applicant shall complete the following before occupying the building: Packet Page Number 254 of 334 J1, Attachment 9 a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in -ground lawn irrigation system for all landscaped areas. d. Install all required outdoor lighting. e. Install all required sidewalks and trails. 7. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above -required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or winter. 8. All work shall follow the approved plans. The director of community development may approve minor changes. 9. The setback of the building shall be 20 feet. Seconded by Boardmember Thompson. Ayes — All The motion passed. Packet Page Number 255 of 334 J1, Attachment 10 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, OCTOBER 15, 2019 7:00 P.M. E. PUBLIC HEARING 2. 7:00 p.m. or later: Frost English Village, Commercial Retail Building, 1905 English Street North a. Conditional Use Permit Resolution b. Lot Division i. Assistant Community Development Director, Michael Martin gave the report on Frost English Village, Commercial Retail Building, 1905 English Street North and answered questions of the board. ii. Applicant, Shane LaFave, Sherman Associates, 233 Park Avenue, Minneapolis, addressed and answered questions of the commission. Chairperson Arbuckle opened the public hearing. Chairperson Arbuckle closed the public hearing. Nobody came forward to address the commission. a. Commissioner Kempe moved to approve the attached conditional use permit resolution for a drive-throuah window and increased buildina setback within the mixed-use zoning district for a new commercial retail building at 1905 English Street North. Seconded by Commissioner Eads. Ayes - All The motion passed. b. Commissioner Kempe moved to approve the lot division request to combine the parcels located at 1281 Frost Avenue East and 1905 English Street North. This lot division approval is subject to the following conditions: 1. Prior to issuance of a certificate of occupancy for the new commercial building the following must be submitted to staff for approval: a. Proof that Ramsey County has recorded the lot division. b. Copies of all executed and recorded parking and access easement agreements between the three phases of Frost English Village. Seconded by Commissioner Dahm. Ayes — All The motion passed. This will go to the city council on October 28, 2019. Packet Page Number 256 of 334 J2 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: Carver Elementary School Addition and Remodel, 2680 Upper Afton Road East a. Conditional Use Permit Amendment Resolution b. Design Review Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Independent School District 622 is proposing to construct a new three-story academic wing that will accommodate a larger student population at Carver Elementary, which is located at 2680 Upper Afton Road East. In addition to creating flexible functional teaching spaces on the interior, the project emphasizes improving the exterior face of the building. To move forward with this project, the applicant needs city council approval of a conditional use permit amendment and design review. Recommended Action: a. Motion to approve the attached conditional use permit amendment resolution for a school in the farm residential zoning district for a building addition and remodel to Carver Elementary School located at 2680 Upper Afton Road East. b. Motion to approve the design plans date-stamped October 1, 2019 for the building addition and remodel to be constructed at 2680 Upper Afton Road East. Approval is subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. All requirements of the fire marshal and building official must be met. 3. Meet all requirements in the engineering report dated October 4, 2019. 4. Meet all requirements in the environmental report dated October 14, 2019. 5. The applicant shall obtain all required permits from the Ramsey -Washington Metro Watershed District. 6. All rooftop equipment shall be screened. Packet Page Number 257 of 334 J2 7. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. Elevations for a trash and recycling enclosure. b. Revised site plan showing an 8 -foot -wide trail from the parking lot north of the building to the playground south of the building c. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 8. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in -ground lawn irrigation system for all landscaped areas. d. Install all required outdoor lighting. e. Install all required sidewalks and trails. 9. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above -required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 10. All work shall follow the approved plans. The director of community development may approve minor changes. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0. Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: N/A Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. Packet Page Number 258 of 334 J2 The city deemed the applicant's application complete on October 1, 2019. The initial 60 -day review deadline for a decision is November 30, 2019. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary to complete the review. Background Conditional Use Permit Section 44-1092 of the city code permits schools to be located within any zoning district with an approved conditional use permit. The site currently has an approved conditional use permit that will need to be amended as part of this project. The use of the property will not be changing. The addition and remodel will allow for more students to attend this school but there are no concerns from staff about the ability of the site to absorb these increases. Design Review Site Plan The existing school site has three access drives to Upper Afton Road East. The proposed project will maintain three access drives but they will be spread more along the north property line of the site. The west two access drives will be for parent drop-off and parking, and the east access will be for bus traffic and additional parking. This project will completely separate parent traffic from bus traffic. All drive lane and parking lot setbacks will be met. A portion of the existing building extending towards the north boundary of the site will be removed and the remaining area of the building will be expanded towards the southwest portions of the site. All playground areas will be located to the south of the building. The fire department will be requiring a trail be extended from the parent parking lot to the playground area that can double as ambulance access. Building Elevations Carver Elementary School's existing structure is masonry with steel framing. The roof of the building is a metal deck with insulation and a built-up system. The building's interior construction is masonry and light gauge steel framed walls. The building has an aluminum window system. The new exterior building elevations include insulated precast concrete panels down to cast -in- place concrete footings, a cast -in-place insulated concrete foundation wall, curtain wall glazing, canopies made of steel framing clad with a fiber cement panel system, and a fully adhered synthetic rubber roofing system. Parking The existing site has 90 parking spaces. With this project 34 more spaces will be added bringing the overall parking for this site to 124 spaces. Bus traffic will not affect the parking areas. City code states schools must have a minimum of one space for every 20 auditorium seats — the parking being provided well exceeds this requirement. Packet Page Number 259 of 334 J2 Landscaping According to the applicant, landscaping for the site will enhance site safety while complementing the education experience and building aesthetic. Effort was taken to establish a layout that maximized the preservation of existing trees throughout the parcel, in particular along Upper Afton Road East and along the property lines. New landscaping will feature hardy, low -maintenance species that provide year-round interest. Landscaping will also be used to ensure that stormwater areas are both functional and attractive. All landscaping will meet the requirements of the city and irrigation will be provided for all new planted and turf areas. The applicant is proposing to remove 48 trees and will be planting 116 new trees. The city's tree replacement requirements are being met. In addition to the trees, 356 shrubs will be planted throughout the site. Lighting The applicant's submitted photometric plan meets the city's requirements in terms of light intensity. The proposed light poles would be 27 feet in height. The code maximum is 25 feet. Code also states "the community design review board may allow taller light poles as part of a design review for nonresidential development, based on appropriateness for a specific proposal. " Staff is comfortable with allowing the taller poles as to provide the required lighting to the site for security and as they do not impact any neighboring properties negatively. Trash Enclosure The site plan shows trash and recycling to be stored on the east site of the building. These receptacles will need to be placed in an enclosure or screened from neighboring properties. Department Comments Engineering Please see Jon Jarosch's engineering report, dated October 4, 2019, attached to this report. Building From Dave Peterson — Building Official: Build per 2012 IBC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code, 2015 Minnesota State Fire Code, MN 2015 Accessibility code, MN1306, and 2015 Minnesota Building Code. Demonstrate compliance with all the requirements of the 2012 Minnesota Energy Code Chapter 1323 Section C401.2. Mixing 2012 IECC provisions and ASHRAE Standard 90.1 to obtain compliance is not an option. The following forms must be completed as submittals. a. ASHRAE 90.1-2010 Building Envelope Compliance Documentation b. ASHRAE 90.1-2010 HVAC Compliance Documentation C. ASHRAE 90.1-2010 Service Water Heating Compliance Documentation d. ASHRAE 90.1-2010 Lighting Compliance Documentation e. Or COMCHECK Packet Page Number 260 of 334 J2 Special inspections required as per 2012 IBC Chapter 17. Complete supporting special inspection schedule document and submit with plans. Plumbing plans shall be submitted to the State Plumbing Department for approval prior to the issuance of a plumbing permit. St Paul water requires permits for water piping. Maplewood requires permit for drain waste and vent. Permits are required for building, plumbing, mechanical, electrical, fire alarm, and sprinklers. Provide two sets of stamped and signed plans and one digital set. Board and Commission Review October 15, 2019: The community design review board reviewed this project and recommended approval. October 15, 2019: The planning commission held a public hearing and reviewed this project and recommended approval. There were no speakers during the public hearing. Citizen Comments Staff surveyed the 52 surrounding property owners within 500 feet of the proposed site for their opinion about this proposal. Staff received two responses — all shown below. 1. As long as my property taxes don't go up. I don't care what you do. Although it really don't matter what we think. You're going to do what you want anyway. So why bother asking us what we want. (Edward and Kim Schroepfer, 22 Mayhill Road) 2. The sidewalk along the fence line of the school on Upper Afton should also be improved. It tends to flood frequently and then ices over in the cold weather. Very dangerous for the children walking to and from school. (Michael and Debra Dragich, 2615 Upper Afton Road) Reference Information Site Description Site Size: 9.55 acres Existing Land Use: Elementary school Surrounding Land Uses North: Single-family homes South: Ramsey County open space East: Ramsey County open space West: Medical office building and church Planning Existing Land Use: Institutional Existing Zoning: Farm Residential (F) Past Actions Packet Page Number 261 of 334 J2 March 27, 1995: The city council approved a conditional use permit to expand the school. October 12, 1998: The city council approved an amendment approving an addition of a parking lot on the east side of the school building. May 22, 2000: The city council approved a conditional use permit amendment to relocate the hard - surfaced outdoor basketball court area and the pea -graveled play area that are behind the building to the front, just west of the existing parking lot. Attachments 1. Conditional Use Permit Resolution 2. Overview Map 3. Land Use Map 4. Zoning Map 5. Applicant's Narrative 6. Site Plan 7. Landscape Plan 8. Building Elevations 9. Jon Jarosch's Engineering Report, dated October 4, 2019 10. Shann Finwall, Environmental Report, dated October 14, 2019 11. Draft Community Design Review Board Minutes, October 15, 2019 12. Draft Planning Commission Minutes, October 15, 2019 13. Applicant's Plans (separate attachment) Packet Page Number 262 of 334 J2, Attachment 1 CONDITIONAL USE PERMIT AMENDMENT RESOLUTION WHEREAS, Independent School District No. 622 is requesting that the City of Maplewood approve an amendment to its conditional use permit to allow a building addition and site plan changes. WHEREAS, this permit applies to the property located at 2680 Upper Afton Road. The legal description of the property is: Beginning at a point twenty (20) rods west of the Northeast comer of the North Half of the Southeast Quarter (N'/2 of the SE 114) of Section One (1), Township twenty eight (28), Range Twenty two (22); thence South forty (40) rods; thence West forty (40) rods; thence North forty (40) rods; thence East forty (40) rods to the point of beginning. (PIN 1-28-22-41-0005) WHEREAS, the history of this conditional use permit is as follows: On October 15, 2019, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the conditional use permit. 2. On October 28, 2019, the city council discussed the conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council the above- described conditional use permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. Packet Page Number 263 of 334 J2, Attachment 1 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): expaRSIGR stamped felle;.A.A the plaRG stamped FebF6iaFy 19, 1999. The pFepesed play aFLQ;; rtaleratiep shall fellew the pl�aps-; d—atea-st�amped April 14, 2000, 6611�eGt te the appliGaRt PFG-Vid-iRg Gity staff with diron4nr of nnmmi inity deVe'GpMeRt may appreye minor nh;RgeS rim rJo nr�i ir. nil rvm ay 91 Re fr�r 9Re r �„Tee�meefT a eed �� e�cte+�d � ea Y ear 1. The city council shall review this permit in one year. 2. All construction shall follow the design plans approved by the city and date-stamped October 1, 2019. The director of community development may approve minor changes. 3. The proposed construction must be started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 4. Comply with all city ordinance requirements for signage. The Maplewood City Council this resolution on October 28, 2019. Packet Page Number 264 of 334 2680 Upper Afton Road J2, Attachment 2 W 1v =City of Maplewood September 19, 2019 Maplewood Packet Page Number 265 of 334 2680 Upper Afton Road J2, Attachment 3 W V --r =City of Maplewood September 19, 2019 Maplewood Packet Page Number 266 of 334 �. 2680 Upper Afton Road City of Maplewood i Zoning Map I .9 . FFF rl , x Legend e Zoning Single Dwelling (r1) Multiple Dwelling (r3) Farm (f) Business Commercial (bc) Subject Property 0 490 Feet Source: City of Maplewood, Ramsey Count J2, Attachment 4 September 19, 2019 Packet Page Number 267 of 334 J2, Attachment 5 Project Narrative Architecture Carver Elementary School was originally built in 1958. There have been improvements to the school since the original construction including two large additions in 1960 and 1996, and one smaller addition in 2000. The existing academic wing is a walk -out style two story double loaded wing. The current project will replace the academic wing with a three-story wing that will accommodate a larger student population, while placing emphasis on the student/teaching experience. The new construction area also includes Special Education Rooms, STEM Classrooms, Administration, staff and student Toilets, Secure Entry provisions and the new Cafeteria/Food Services areas. The existing portions of the building to remain include the existing Gymnasium and the Southeast wing to serve as the Pre -Kindergarten classrooms. The existing courtyard is to be infilled providing the new Music teaching spaces. In addition to creating flexible functional teaching spaces on the interior, the project emphasizes improving the exterior face of the building. Carver Elementary School's existing structure is masonry with steel framing. The roof of the building is a metal deck with insulation and a built-up system. The building's interior construction is masonry and light gauge steel framed walls. The building has an aluminum window system. The new exterior envelope/structure includes insulated precast concrete panels down to cast -in-place concrete footings, a cast -in-place insulated concrete foundation wall, curtain wall glazing, canopies made of steel framing clad with a fiber cement panel system, and a fully adhered EPDM roof system. Civil and Landscape Introduction The site layout and design approach for Carver Elementary School seeks to improve safety and circulation while preserving and protecting as much of the existing tree coverage and landscaping as possible throughout the site. The focus for the circulation of the site is to separate the student drop-off, parking areas, and bus loading to improve pedestrian safety. Paths and walkways will be added for circulation throughout the site as well as connections to the surrounding neighborhoods and adjacent Battle Creek Regional Park. The site improvements encompass the area surrounding the existing building and proposed building additions. The staff, visitor, and accessible parking stalls are located north of the building in two separate lots for better control and pedestrian safety. The bus loading and delivery/receiving area will be located on the east side of the site with a driveway entrance from Upper Afton Road that also provides access to the staff parking lot. The student drop-off loop is accessed through a driveway entrance off Upper Afton Road towards the west side of the site, which also is used for access to the visitor parking lot. Another driveway access off Upper Afton Road provides a second access to the visitor parking lot. The existing playground equipment will be relocated from the northwest corner of the site to the south side of the building. The existing hard surface play area on the south side of the building will be removed to accommodate a building addition and the south end of the new bus loading pavement area will be utilized for hard surface play area. Earthwork and Site Soils A geotechnical exploration had been conducted, and the report and recommendations will be used to determine the required subgrade preparation for building additions, pavement, and turf areas. The intent is to use existing topsoil for all planting soil in tree, shrub, and perennial areas. If the existing topsoil does not meet requirements for planting, imported planting soil will be used meeting standard best practices. Site Utilities and Stormwater Management Packet Page Number 268 of 334 J2, Attachment 5 The site utility scope will include rerouting and extending the existing water and fire services to the east building addition, along with a new sanitary service. Storm sewer catch basins, manholes, and piping will be installed throughout the site to capture and route runoff from rainfall events and snowmelt to stormwater treatment areas and the surrounding storm sewer infrastructure. The preliminary stormwater management approach for the site consists of two surface stormwater treatment basins located on the west side of the site to capture runoff from impervious surfaces, generally located near paved areas to maximize their effectiveness in improving stormwater quality. The basins include a bioretention soil layer at the basin bottom to filter pollutants before entering a drain tile that connects to the nearby storm sewer system. An underground pipe gallery will be installed below the parking lot in the northeast corner of the site since the subgrade soils are suitable for infiltration, with an overflow connection to the City storm sewer to bypass large storm events. The design will meet the stormwater management requirements of the City of Maplewood, Ramsey -Washington Metro Watershed District (RWMWD), and NPDES/SDS General Stormwater Permit. Landscaping Landscaping for the site will enhance site safety while complementing the education experience and building aesthetic. Effort was taken to establish a layout that maximized the preservation of existing trees throughout the parcel, in particular along Upper Afton Road East and along the property lines. New landscaping will feature hardy, low -maintenance species that provide year-round interest. Landscaping will also be used to ensure that stormwater areas are both functional and attractive. All landscaping will meet the requirements of the City of Maplewood and irrigation will be provided for all new planted and turf areas. Electrical, Communication, Life Safety & Security Introduction The following description of Electrical and Technology design elements reflects the design team's approach to the conceptual design vision, and material and equipment standards set forth by the project team. The overall project scope of work for electrical and technology is intended to replace all existing systems and distribution to provide complete, new infrastructure for all systems to accommodate flexibility and growth for the foreseeable future. Exterior Scope The electrical and technology exterior scope of work will include perimeter, pedestrian, and parking lot lighting; trenching & concrete pads for primary utility distribution; secondary utility distribution (underground); emergency generator; and telecommunication & special systems distribution. Interior Scope of Work The electrical and technology exterior scope of work will include raceway systems and conductors; power distribution (e.g., lighting, HVAC, receptacles, special equipment); Lighting and Lighting Control Systems; Emergency Power (life safety and equipment), including a Smoke Control System for a designated Atrium; Telecommunication Cabling Infrastructure; Integrated Communications (Public Address/Intercommunications); Classroom Scheduling System; Clock System; Audio Visual Systems; Digital Signage; Security Management System and Devices (Access Control, Intrusion Detection, and Video Surveillance); and Digital, Addressable Fire Alarm. Electrical and Telecommunication Site/Utility A new electrical service and modified telecommunication service will be provided as part of the site upgrades to the facility. Site area lighting shall utilize LED modules to complement site security cameras, and energy efficiency, with building -mounted exterior lighting consisting of wall packs that are full cutoff (utilizing LED modules). All exterior lighting shall be controlled by the Network Lighting Control System. Packet Page Number 269 of 334 J2, Attachment 5 Electrical System The new electrical service shall consist of a service entrance switchboard and associated distribution equipment to provide power throughout the facility. The service and distribution system shall be designed with sub -metering of electrical infrastructure to provide better operational awareness (i.e., where energy is being utilized in the building). A complete grounding electrode system will be provided, which will include connection to building steel, underground metal water piping systems, and building Ufer ground. All electrodes shall comply with NEC article 250. A continuous equipment grounding conductor will be installed in all power/lighting conduit systems and all distribution equipment will have ground buses. The electrical distribution system will accommodate a new 150 kW natural gas generator that will serve Life Safety Power (Exit signs and egress lighting throughout the building; fire alarm system; Smoke Control System) and Optional Standby Power (food service coolers and freezers, select receptacles, network equipment, IT Room cooling equipment, and other Owner directed equipment). The facility lighting design approach will be to utilize LED drivers and all components shall be energy efficient and in compliance with local energy codes. Minimum lighting levels in all areas will conform to IES -NA standards (industry standard, supplemented by any Owner or project specific modifications). The design team will look at the option of utilizing Power Over Ethernet (lighting fixture power and controls over a single data cable) approach with Owner to evaluate if a more cost-effective solution may be achieved for the project. Interior Lighting Systems will include the following general concepts: • Office Areas (Administrative) and Classrooms: Private office and classroom room lighting shall 2'x2' LED lay -in fixtures, occupancy sensor control. • Cafeteria Lighting: Linear LED suspended mounted up/down lights, occupancy sensor control. • Gymnasium Lighting: 21" diameter LED suspended high bay fixtures, occupancy sensor control. • Corridors: 2'x2' LED flat panels, time -sweep control • Toilet Rooms: Provide 1'x 4' lay -in, LED fixtures at/near walls, and LED downlights for ambient lighting. Ceiling mounted occupancy sensors shall be provided for lighting control. • Exit Signs: Brushed Aluminum housing, universal mounting. Illuminated LED exit signs with red directional arrows will be provided at all exit doors and along the egress path. • Storage, Mechanical, Electrical, and Janitor Rooms: 1x4 lensed LED strip fixtures, chain mount. Electrical and mechanical areas shall at least one fixture circuited to the emergency system. The facility will receive a new network lighting control system that will provide local dimming/scene set controls will tie into an overall facility time schedule (directed by the building automation system). General components of the system include Building wide time -sweep control; Indoor photoelectric sensors; Indoor occupancy/vacancy sensors; Low Voltage Switches; System control interface with Audio Visual System Controller(s); and accommodations to interface with Building Automation System Communications and Life Safety & Security The building will receive a new Main Distribution Frame (MDF) where new Telecommunication Utility demarcation shall be established via a dedicated wall field, and a new Equipment Room layout will occur. This MDF shall than distribute via backbone cabling to the Intermediate Distribution Frame (IDF) Rooms. The MDF shall receive a dedicated cooling system that will be connected to the generator for always -on design, along with a dedicated electrical panelboard connected to the generator. The building will receive IDF Rooms as required to maintain a horizontal cable maximum length of 100 meters (required for certification) and sized to accommodate cabling distribution equipment. The IDF shall receive a dedicated cooling system that will be connected Packet Page Number 270 of 334 J2, Attachment 5 to the generator for always -on design. Communication Backbone Cabling shall consist of fiber optic and unshielded twisted pair (UTP) cabling to meet BICSI TDMM and ISD 622 requirements. Public Address, Intercommunication, and Clock systems shall utilize the existing District Standard Telecor XL system. The facilities' current Telecor XL head end is recently installed and shall be modified for reuse in the renovated facility. A new Security Management System (SMS) and associated equipment devices for a fully functioning security system aligning with ISD 622 security standards will be provided. Specific components of the SMS include Access Control System; Intrusion Detection, SMS software; and Surveillance Camera System Interface. A new Fire Alarm System shall be provided, meeting all requirements for an Education and Business Occupancy design setup. The new facility will contain an Atrium condition, with the appropriate smoke control system being required to evacuate the atrium of all smoke for a period of time. Wellness and Sustainability The electrical, communication, and life safety and security systems designs shall incorporate sustainable design features, utilize an integrated approach to reduce overall energy use, and provide the Owner with an environmentally friendly facility. Items that will be included in the design: Light Pollution Reduction — The design of the interior/exterior lighting will include requirements for full cutoff fixtures on the exterior, and coordination with the architectural features to reduce interior light leak to the exterior. • Energy Efficiency — The electrical design will meet or exceed all the latest ASHRAE 90.1 requirements for energy efficiencies. Lighting design will include rebates from Marshall Municipal Utility. • Quality of Lighting — The interior lighting design will incorporate controls, and IESNA lighting levels to promote a healthy working and learning environment. Packet Page Number 271 of 334 J2, Attachment 6 HOEiF - Packet Page Number 272 of 334 o o J2, Attachment 7 Cz a|; -i � )�! : 2 \\} }\\\ El J2, Attachment 7 Packet Page Number 273 of 334 Cz -i \\} }\\\ [\ Packet Page Number 273 of 334 g )}: „:}}}::,}::},:,:,},,,:,},/:::\} \\\\/(\\)\(/\�\ \\ )0G D (2)0 (D 0 0 0000) C)% c 0 0 0 0 e Packet Page Number 273 of 334 Packet Page Number 274 of 334 J2, Attachment J2, Attachment 8 Packet Page Number 275 of 334 J2, Attachment 8 Packet Page Number 276 of 334 �IP �1 a 1 Packet Page Number 276 of 334 J2, Attachment 9 Engineering Plan Review PROJECT: Carver Elementary — 2680 Upper Afton Road PROJECT NO: 19-35 COMMENTS BY: Jon Jarosch, Assistant City Engineer Tyler Strong, E.I.T. — Civil Engineer I DATE: 10-4-2019 PLAN SET: Engineering plans dated 9-17-2019 The applicant is proposing to remove and replace the existing Carver Elementary school, along with reconfiguring the site to better accommodate drop-off and pick-up activities. The applicant is requesting design approval for the Carver Elementary site plan. Stormwater management for Carver Elementary is proposed to be accommodated via the use of two surface storm water treatment basins and one underground infiltration system. This review does not constitute a final review of the plans, as the applicant will need to submit construction documents for final review, along with ratified agreements, prior to issuing building and grading permits. The following are engineering review comments on the design and act as conditions prior to issuing permits: Drainage and Stormwater Management 1) The project shall be submitted to the Ramsey -Washington Metro Watershed District (RWMWD) for review. All conditions of RWMWD shall be met. 2) The applicant shall submit a stormwater management plan and calculations prior to permit approvals. This plan shall detail how the proposed site will meet the City of Maplewood and RWMWD's stormwater requirements. 3) A joint stormwater maintenance agreement with the City and RWMWD shall be signed by the owner for the proposed infiltration/filtration basins, underground infiltration system, and associated storm sewer system. 4) The 100 -Year High -Water -Level (HWL) shall be depicted on the plans for all onsite basins, including the underground infiltration system. 5) The site shall meet the City's freeboard requirements as it pertains to the infiltration basins, underground infiltration system, and the building floor elevation. Packet Page Number 280 of 334 J2, Attachment 9 Grading and Erosion Control 6) The infiltration basins and underground infiltration systems shall be protected from sedimentation throughout construction. 7) Inlet protection devices shall be installed on all existing and proposed onsite storm sewer until all exposed soils are stabilized. 8) Public and private drives shall be swept as needed to keep the pavement clear of sediment and construction debris. 9) All pedestrian facilities shall be ADA compliant. 10) A copy of the project SWPPP and NDPES Permit shall be submitted prior to the issuance of a grading permit. Sanitary Sewer and Water Service 11) Sanitary sewer service piping shall be schedule 40 PVC or SDR 35. 12) The proposed water service modifications are subject to the review and conditions of Saint Paul Regional Water Services (SPRWS). The applicant shall submit plans and specifications to SPRWS for review and meet all requirements they may have prior to the issuance of a grading permit by the City 13) The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this phase of the project. Appropriate fees shall be charged during the permitting process. Other 14) The plans shall be signed by a professional engineer currently licensed in the State of Minnesota. 15) The applicant shall coordinate with the City of Maplewood engineering department on sidewalk crossing locations along Upper Afton Road. 16) The proposed retaining wall will require a structurally engineered design and a permit from the Maplewood Building Department. Packet Page Number 281 of 334 J2, Attachment 9 Public Works Permits The following permits are required by the Public Works Department for this project. The applicant should verify the need for other City permits with the Building Department. 17) Grading and erosion control permit 18) Sanitary Sewer Permit 19) Storm Sewer Permit 20) Right -of -Way Permit - END COMMENTS - Packet Page Number 282 of 334 J2, Attachment 10 Environmental Review Project: Carver Elementary School Additional and Renovation Date of Plans: Landscape Plans - September 17, 2019 Date of Review: October 14, 2019 Location: 2680 Carver Avenue Reviewer: Shann Finwall, Environmental Planner (651) 249-2304; shann.finwall(a)maplewoodmn.org Emily Dunlap, Natural Resources Coordinator (651) 249-2416; emily.dunlap(a)-maplewoodmn.org Project Background Carver Elementary School is proposing to build an addition to the school in order to accommodate new programs in the building and improve site circulation. Discussion 1. Tree Ordinance Maplewood's tree preservation ordinance describes a significant tree as a hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. A specimen tree is defined as a healthy tree of any species which is 28 inches in diameter or greater. If less than 20 percent of the significant trees on a site are removed, the applicant is required to replace one - 2 caliper inch tree per one significant tree removed. If more than 20 percent of significant trees on a site are removed, the applicant is required to replace trees based on a tree replacement calculation. The calculation takes into account the overall caliper inches of trees removed versus the caliper inches of trees remaining on the site. Tree Impacts The site is 9.55 acres in size with many significant trees. There will be 48 significant trees removed, which is less than 20 percent of the significant trees on the site. Therefore, City code requires the replacement of 48 — 2 -caliper inch trees at a minimum. Tree Replacement The Planting Plan shows 116 trees planted, which exceeds City code requirements for this site. Packet Page Number 283 of 334 J2, Attachment 10 Tree Preservation Recommendation a. The applicant shall submit a cash escrow or letter of credit to cover 150% of the tree replacement requirements. 2. Infiltration Basin Recommendation a. For any area using a native seed mix, provide information on maintenance for planting year and years two and three, addressing what maintenance activities will be required and what entity (developer, owner, etc.) will take on this responsibility. 2 Packet Page Number 284 of 334 J2, Attachment 11 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, OCTOBER, 2019 5:30 P.M. E. NEW BUSINESS 3. Design Review, Carver Elementary School Addition and Remodel, 2680 Upper Afton Road East i. Assistant Community Development Director, Michael Martin gave the report on the design review for Carver Elementary School Addition and Remodel at 2680 Upper Afton Road East and answered questions of the board. ii. Troy Miller, LHB Architects, 701 Washington Avenue North, Suite 200, Minneapolis, addressed and answered questions of the board. Boardmember Thompson moved to approve the design plans date-stamped October 1, 2019, for the building addition and remodel to be constructed at 2680 Upper Afton Road East. Approval is subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. All requirements of the fire marshal and building official must be met. 3. Meet all requirements in the engineering report, date October 4, 2019. 4. The applicant shall obtain all required permits from the Ramsey -Washington Metro Watershed District. 5. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. Elevations for a trash and recycling enclosure. b. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 6. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in -ground lawn irrigation system for all landscaped areas. d. Install all required outdoor lighting. Packet Page Number 285 of 334 J2, Attachment 11 e. Install all required sidewalks and trails. 7. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above -required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 8. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Chairperson Kempe. Ayes — All The motion passed. Packet Page Number 286 of 334 J2, Attachment 12 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, OCTOBER 15, 2019 7:00 P.M. E. PUBLIC HEARING 3. Carver Elementary School Addition and Remodel, 2680 Upper Afton Road East a. Conditional Use Permit Resolution i. Assistant Community Development Director, Michael Martin gave the report on Carver Elementary School Addition and Remodel, 2680 Upper Afton Road East and answered questions of the commission. ii. Applicant, Troy Miller, LHB Architects, 701 Washington Avenue North, Suite 200, Minneapolis, addressed and answered questions of the commission. Chairperson Arbuckle opened the public hearing. Nobody came forward to address the commission. Chairperson Arbuckle closed the public hearing. a. Commissioner Kempe moved to approve the attached conditional use permit amendment resolution for a school in the farm residential zonina district for a buildin addition and remodel to Carver Elementary School located at 2680 UDDer Afton React Fast Seconded by Commissioner Ige. Ayes — All The motion passed. This goes to the city council on October 28, 2019. Packet Page Number 287 of 334 J3 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: Elim Care Senior Housing Facility, 1534 County Road C East a. Comprehensive Plan Amendment Resolution b. Planned Unit Development Resolution c. Lot Division d. Design Review Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Elim Care is proposing construction of a new 193,520 square -foot skilled nursing and senior housing facility consisting of approximately 141 units on land located at 1534 County Road C East. This site is currently home to community gardens. As part of this project, there will be underground and ground -level parking. First Evangelical Free Church owns the property and anticipates building a new church at some point on the remaining portion of the property. The applicant held a neighborhood meeting on May 21, 2019, inviting neighbors to learn more about this project. To move forward with this project, the applicant needs city council approval of a comprehensive plan amendment, planned unit development, lot division and design review. Recommended Action: a. Motion to approve the attached comprehensive plan amendment resolution which approves a land use plan amendment from Low Density Residential to High Density Residential and Institutional for the 17.15 -acre parcel located at 1534 County Road C East. b. Motion to approve the attached conditional use permit for a planned unit development resolution which approves a four-story, 141 -unit senior housing building to be constructed at 1534 County Road C East. c. Motion to approve the lot division request to divide the parcels located at 1534 County Road C East and 1448 County Road C East into two lots for the senior housing project and future church site. This lot division approval is subject to the following conditions: 1. A revised survey shall be submitted to staff for approval showing the 0.20 acre portion west of the Bruce Vento Trail combined with the parcel comprising the senior housing facility. Packet Page Number 288 of 334 J3 2. A revised survey shall be submitted to staff for approval showing an additional three feet of right of way be dedicated to the County Road C East right-of-way in order to conform with Ramsey County's Major Street Plan 3. Prior to issuance of a certificate of occupancy for the new commercial building the following must be submitted to staff for approval: a. Proof that Ramsey County has recorded the lot division. d. Motion to approve the design plans date-stamped October 1, 2019 for the 141 -unit senior housing building to be constructed at 1534 County Road C East. Approval is subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. All requirements of the fire marshal and building official must be met. 3. Meet all requirements in the engineering report, dated October 5, 2019. 4. Meet all requirements in the environmental report, dated October 8, 2019. 5. The applicant shall obtain all required permits from the Ramsey -Washington Metro Watershed District. 6. All rooftop equipment shall be screened. 7. Signage for this site requires an approved comprehensive sign plan. 8. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. A photometric plan that meets all city requirements. b. Payment to the city's tree fund to meet the requirements of the city's tree replacement code. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. d. Provide staff a site plan with a minimum of 50 proof -of -parking spaces. 9. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in -ground lawn irrigation system for all landscaped areas. Packet Page Number 289 of 334 J3 d. Install all required outdoor lighting. e. Install all required sidewalks and trails. f. Cross -access, maintenance and parking agreements between the two created parcels are required. A copy of all executed and recorded documents shall be submitted to the city. g. Remove all unused curb cuts on County Road C East and restore to a continuous concrete curb per Ramsey County requirements. 10. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above -required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 11. All work shall follow the approved plans. The director of community development may approve minor changes. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0. Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: N/A Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Targeted Redevelopment ❑ Infrastructure & Asset Mgmt. The city deemed the applicant's application complete on October 1, 2019. The initial 60 -day review deadline for a decision is November 30, 2019. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary to complete the review. Background Comprehensive Plan Amendment The site is currently guided for Low Density Residential. The proposed uses of this site are a senior housing facility and the future home of First Evangelical Free Church. The senior housing facility will be on the west 7.15 acres of the site and the church will be located on the remaining 10 acres to the east. The current use of the site are community gardens that are managed by First Evangelical Free Church. First Evangelical Free Church intends to continue the community gardens on its 10 acre parcel until it is ready to build a new church. Packet Page Number 290 of 334 J3 The senior housing facility will require an amendment to the city's comprehensive plan to High Density Residential. High Density Residential allows up to 25 units per acre. The senior housing facility will sit on 7.15 acres of land which would allow up to 178 housing units. The applicant is proposing to build 141 units of housing. The comprehensive plan should also be amended to Institutional for the remaining 10 acres of the site to reflect the existing use of community gardens and the future use of the church. The city's 2040 Comprehensive Plan has established several housing goals, many which are applicable to this request. Those goals include: Encourage infill development to be sensitively designed to fit within the existing neighborhood. Promote the availability of a full range of services and facilities for its residents, and the improvement of, access to, and linkage between housing and development. Ensure the City has a variety of housing types for ownership and rental for people in all stages of their life cycle. Planned Unit Development Planned unit developments (PUD) means a type of development characterized by a unified site design, with two or more principal uses or structures. PUDs are approved via a conditional use permit resolution. The proposed senior housing facility and the future church will share access to County Road C as will the existing community gardens thus necessitating a unified site plan between the multiple uses. In addition, the city's zoning ordinance allows the city council to grant flexibility from strict ordinance compliance in the internal and external design requirements of a proposed PUD and may consider deviations from those requirements. Deviations may be granted for planned unit developments provided that: 1. The proposed development and the surrounding neighborhood can be better served by relaxing the code requirements that regulate the physical development or layout of the project because of its unique nature. 2. The PUD would be consistent with the spirit, intent and purposes of this chapter. 3. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. 4. The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land or to the environment. 5. The deviations are required for the reasonable and practical physical development of the project. Uses This PUD will allow the senior housing facility and future church to have a unified site design and shared access points. Shared parking will also be a potential for the two uses. In addition, community gardens that are more than one acre in size require a conditional use permit which will be built into to this PUD approval. Packet Page Number 291 of 334 J3 Parking The city's zoning ordinance provides the same parking requirement for multi -family residential and senior housing developments. Based on code requirements a senior housing facility with 141 units would be required to have 282 parking spaces with half of them covered. The applicant is requesting a reduction in the amount of required parking. Underground parking is being provided for residents of the facility, while the ground -level parking will be provided for staff and visitors. The applicant's site plan provides 137 parking spaces — 74 surface, 63 underground). The applicant believes based on other similar facilities it operates this will provide an adequate amount of parking. Additionally, when the future church is constructed a shared parking agreement will be implemented between the two entities. The city has approved parking waivers for senior facilities in the past and staff is comfortable with the applicant's request but the PUD will be conditioned upon if a parking shortage develops the applicant may be required to build parking on the church site ahead of the church construction. Staff is recommending the applicant be required to submit a revised site plan showing the location of at least 50 proof -of -parking spaces. This spaces could be required to be constructed if a parking shortage develops. Also this PUD is approving parking for a senior housing facility. If this facility were to convert to a multi -family housing project the PUD would need to be amended in order to address parking. Floor Area The city's multi -family housing code sets minimum floor areas for residential units. For a studio and one -bedroom the minimum floor area is 580 square feet. For a two-bedroom unit the minimum is 740 square feet. For the project's independent living one- and two-bedroom units these minimums are being met. The applicant is seeking approval for flexibility to these minimums for its studio units, skilled nursing units, and transitional care units. The studio units range in size of 395 square feet to 570 square feet. The skilled nursing and transitional care units range from 380 square feet to 710 square feet. Given the continuum of care that will be provided at this facility staff feels this request is reasonable. Building Height The city's multi -family housing code requires a conditional use permit for buildings more than three stories or 35 feet in height. The top of the third floor of the proposed building is just under 31 feet. When measuring to the midpoint of the roof, as defined by city code, the building height is approximately 40 feet. Only a portion of the building reaches this height and will be the furthest setback from County Road C East. The remaining portion of the building will be one-story. Signage All PUDs require a comprehensive sign plan be approved by the Community Design Review Board The applicant will be required to receive approval of a comprehensive sign plan before any signs can be posted. Any signage for the existing community gardens or the future church will also need to be incorporated into this signage plan. Lot Division The project site currently is comprised of two separate parcels. The applicant is proposing to adjust these lot lines to create new parcels for the senior housing facility and the future church. The existing site at 1534 County Road C East has a small sliver of land west of the Bruce Vento Trail Packet Page Number 292 of 334 J3 right-of-way. The applicant has proposed to make this a separate lot but the city cannot approve this new lot as it does not meet the city's minimum lot requirements so it must stay attached to the parcel being created for the senior housing facility. Staff has no concerns with the request to adjust lot lines to create new parcels for the building projects. Ramsey County has reviewed this proposed lot division and is requesting the city require the applicant to dedicate an additional three feet to the County Road C East right-of-way in order to conform to Ramsey County's Major Street Plan. This request is reflected in the conditions of approval. Desian Review Site Plan The site has been designed with two access points — both to County Road C East. The main entrance is near the center of the overall site and will eventually be a shared access with the future church. The west access will be used to access the underground garage and for deliveries. Ramsey County has reviewed the proposed plans and has approved the project to have two access drives but has stated the future church will not be permitted to add any more access points to County Road C East. Additional access for the church would come from Hazelwood Street to the east. The site is immediately adjacent to the Bruce Vento Trail and proposed Rush Line BRT project. There is a significant grade change between this site and the trail corridor. Staff recommends the applicant work with Ramsey County to explore the potential for a public access trail from County Road C East to the Bruce Vento Trail corridor. Building Elevations The proposed building materials include asphalt shingles, a stone veneer, fiber cement shakes and board and batten siding. Staff feels the building is attractively designed with a color palate that will blend well with the surrounding neighborhood. Landscaping The landscape plan works to create courtyard areas for the future residents. A stormwater pond will be created between the building and County Road C with trees being planted along the road and access drive. The applicant is proposing 87 new trees to be planted throughout the site. In addition, numerous shrubs and perennials will be planted as well. The tree plan indicates 546 caliber inches are being removed from the site and code then requires 458 replacement inches. With the 87 new trees and 218.5 inches of large shrubs, 385.5 inches are being replaced. The applicant intends to pay into the city's tree fund for the remaining 73 inches in order to meet code requirements. Lighting The applicant will be required to submit for staff approval a photometric plan that meets all city requirements. Packet Page Number 293 of 334 J3 Department Comments Engineering Please see Jon Jarosch's engineering report, dated October 4, 2019, attached to this report. Building From Dave Peterson — Building Official: Build per 2012 IBC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code, 2015 Minnesota State Fire Code, MN 2015 Accessibility code, MN1306, and 2015 Minnesota Building Code. Demonstrate compliance with all the requirements of the 2012 Minnesota Energy Code Chapter 1323 Section C401.2. Mixing 2012 IECC provisions and ASHRAE Standard 90.1 to obtain compliance is not an option. The following forms must be completed as submittals. a. ASHRAE 90.1-2010 Building Envelope Compliance Documentation b. ASHRAE 90.1-2010 HVAC Compliance Documentation C. ASHRAE 90.1-2010 Service Water Heating Compliance Documentation d. ASHRAE 90.1-2010 Lighting Compliance Documentation e. Or COMCHECK Special inspections required as per 2012 IBC Chapter 17. Complete supporting special inspection schedule document and submit with plans. Plumbing plans shall be submitted to the State Plumbing Department for approval prior to the issuance of a plumbing permit. St Paul water requires permits for water piping. Maplewood requires permit for drain waste and vent. Permits are required for building, plumbing, mechanical, electrical, fire alarm, and sprinklers. Provide two sets of stamped and signed plans and one digital set. Board and Commission Review October 15, 2019: The community design review board reviewed this project and recommended approval. October 15, 2019: The planning commission held a public hearing and reviewed this project and recommended approval. One individual spoke during the public hearing and had concerns related to the secondary driveway and traffic. Citizen Comments Staff surveyed the 82 surrounding property owners within 500 feet of the proposed site for their opinion about this proposal. Staff received seven responses — all shown below. 1. Construction noise and traffic in a residential area. Long-term increased traffic on County Road C. Housing availability for person working at facility. Employment of people living in area. Availability of public transportation for employees and tenants. (Allen and Elaine Kruse, 1379 County Road C East) Packet Page Number 294 of 334 J3 2. My biggest concern is drainage from the site. I see the holding ponds, but where is this drainage to? Is this going into the watershed pond behind 2566 Hazelwood? If so, are you going to upgrade the pond area to handle this increase in water runoff? The pond has not had any maintenance since it was enlarged in 2000. We are OK with development but would like to make sure it doesn't hurt our area. (Randy and Mary Lynn Mauer, 2596 Hazelwood Street North) 3. 1 guess my biggest concern is the added traffic and the impact to bike/pedestrians. There is no sidewalk on County Road C from White Bear Avenue to Hazelwood Street and the sidewalk from Beam to County Road C on Hazelwood takes you through the creepy woods. Neither road has a good shoulder to walk on. Can we at least make these two roads safe to walk/bike before we add traffic? (Carol and Thomas Henkes, 2681 Hazelwood Street North) 4. Overall, we are supportive of the project and we think it will be a good addition to our community. No major concerns other than the facility design and landscaping to fit well into the area and add to overall aesthetics of the neighborhood. Probably the biggest concern is traffic flow and levels. County road C has become quite the speedway with cars typically exceeding the 35mph speed limit by quite a bit. Especially vehicles heading east over the Bruce Vento trail bridge and the slight rise it creates on County Rd C. Many times we start to pull out and traffic looks clear and then a vehicle comes over the rise very fast. With the entrance to Barclay and now two more entrances added for the Care Facility it seems there could be potential safety issues because of the blind spots that are created. So, with added vehicles pulling out and turning in to this facility we have a concern for traffic issues. I'm sure you are aware and will be looking at this but wanted to comment. Thank you. (James and Carol Wilson, 2664 Barclay Street) 5. Traffic issues. (Stephen and Annette LaCasse, 2673 Hazelwood Street North) 6. 1 think this is appropriate use of this site and space and looks very thoughtfully designed with both residents and community in mind. (Bernadette Rossbach, 1406 County Road C East) 7. We are not overly excited by the prospect of losing this open space. If the property development moves forward we would very much like to see more than one row of trees and shrubs shielding the building from the road (County C). (Christopher and Sheri Ober, 2673 Barclay Street) Reference Information Site Description Site Size: 17.15 acres Existing Land Use: Community Gardens Surrounding Land Uses North: Single-family homes South: City Park and Twin Cities Bible Church East: Single-family homes and Fire Station West: Single-family homes and Bruce Vento Trail Packet Page Number 295 of 334 J3 Planning Existing Land Use: Low Density Residential Existing Zoning: Single -Dwelling Residential (R1) Attachments 1. Comprehensive Plan Amendment 2. Conditional Use Permit for a Planned Unit Development Resolution 3. Overview Map 4. Land Use Map 5. Zoning Map 6. Proposed Land Use Map 7. Applicant's Narrative 8. Site Plan 9. Landscape Plan 10. Building Elevations 11. Floor Plans 12. Jon Jarosch's Engineering Report, dated October 5, 2019 13. Shann Finwall's Environmental Report, dated October 8, 2019 14. Draft Community Design Review Board Minutes, October 15, 2019 15. Draft Planning Commission Minutes, October 15, 2019 16. Applicant's Plans (separate attachment) Packet Page Number 296 of 334 J3, Attachment 1 COMPREHENSIVE PLAN AMENDMENT RESOLUTION WHEREAS, Andrew Centanni, on behalf of Elim Care, and First Evangelical Free Church, current owner of the properties located at 1448 and 1534 County Road C East, have requested a change to the City of Maplewood's land use plan from Low Density Residential to High Density Residential for the west 7.15 acres and Institutional for the east 10 acres of this overall 17.15 acre site. WHEREAS, this change applies to the properties located at 1448 and 1534 County Road C East. The legal description of the properties are: The N. 20 acres of the East 1/2 of the Northwest 1/4 of Section 10, in Township 29 North, Range 22 West, Ramsey County, Minnesota, Except that part thereof described as follows: The South 105 feet of the North 395 feet of the West 207.5 feet of the East 867.3 feet of the North 20 acres of the East 1/2 of the Northwest 1/4 of Section 10, Township 29 North, Range 22 West, Ramsey County, Minnesota and the South 103 feet of the North 393 feet of the West 207.5 feet of the East 659.8 feet of the North 20 acres of the East 1/2 of the Northwest 1/4, Section 10, Township 29 North, Range 22 West, Ramsey County, Minnesota, excepting from the conveyance all existing railroad right-of-way and railroad easements. 0\91 The South 105 feet of the North 395 feet of the West 207.5 feet of the East 867.3 feet of the North 20 acres of the East 1/2 of the Northwest 1/4 of Section 10, Township 29, Range 22, Ramsey County, Minnesota. SID The South 103 feet of the North 393 feet of the West 207.5 feet of the East 659.5 feet of the North 20 acres of the East 1/2 of the Northwest 1/4 Section 10, Township 29, Range 22, together with an easement for road purposes over the West 30 feet of the East 615 feet of the North 290 feet of said North 20 acres of the East 1/2 of the Northwest 1/4, Section 10, Township 29, Range 22, Ramsey County, Minnesota. WHEREAS, the history of this change is as follows: 1. On October 15, 2019, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the land use plan change. 2. On October 28, 2019, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council the above described change for the following reasons: Packet Page Number 297 of 334 J3, Attachment 1 A goal of the Maplewood 2040 Comprehensive Plan is to encourage infill development to be sensitively designed to fit within the existing neighborhood. 2. A goal of the Maplewood 2040 Comprehensive Plan is to promote the availability of a full range of services and facilities for its residents, and the improvement of, access to, and linkage between housing and development. 3. A goal of the Maplewood 2040 Comprehensive Plan is to ensure the City has a variety of housing types for ownership and rental for people in all stages of their life cycle. This land use plan amendment is subject to approval by the Metropolitan Council. The Maplewood City Council this resolution on October 28, 2019. Packet Page Number 298 of 334 J3, Attachment 2 CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT RESOLUTION WHEREAS, Andrew Centanni, on behalf of Elim Care, has applied for a conditional use permit for a planned unit development for its proposed 141 -unit senior housing facility to be located at 1534 County Road C East. WHEREAS, a future use as part of this property is a church which will be built at a later date and Section 44-1092 requires a conditional use permit for churches. WHEREAS, the existing use of community gardens will remain in place east of the new senior housing facility and Section 18-612 requires a conditional use permit for community gardens more than one acre in size. WHEREAS, Section 44-1092 of the city ordinances requires a conditional use permit for planned unit developments built within the City of Maplewood. WHEREAS, this permit applies to the existing properties located at 1448 and 1534 County Road C East. The legal description of the properties are: The N. 20 acres of the East 1/2 of the Northwest 1/4 of Section 10, in Township 29 North, Range 22 West, Ramsey County, Minnesota, Except that part thereof described as follows: The South 105 feet of the North 395 feet of the West 207.5 feet of the East 867.3 feet of the North 20 acres of the East 1/2 of the Northwest 1/4 of Section 10, Township 29 North, Range 22 West, Ramsey County, Minnesota and the South 103 feet of the North 393 feet of the West 207.5 feet of the East 659.8 feet of the North 20 acres of the East 1/2 of the Northwest 1/4, Section 10, Township 29 North, Range 22 West, Ramsey County, Minnesota, excepting from the conveyance all existing railroad right-of-way and railroad easements. AND The South 105 feet of the North 395 feet of the West 207.5 feet of the East 867.3 feet of the North 20 acres of the East 1/2 of the Northwest 1/4 of Section 10, Township 29, Range 22, Ramsey County, Minnesota. AND The South 103 feet of the North 393 feet of the West 207.5 feet of the East 659.5 feet of the North 20 acres of the East 1/2 of the Northwest 1/4 Section 10, Township 29, Range 22, together with an easement for road purposes over the West 30 feet of the East 615 feet of the North 290 feet of said North 20 acres of the East 1/2 of the Northwest 1/4, Section 10, Township 29, Range 22, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: On October 15, 2019, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the conditional use permit. Packet Page Number 299 of 334 J3, Attachment 2 2. On October 28, 2019, the city council discussed the conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council the above- described conditional use permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. This approval permits the project's studio units to have a minimum of 395 square feet of floor area and the skilled nursing and transitional care units to have a minimum of 380 square feet of floor area. 5. This approval permits the project to build a 40 -foot tall senior housing building. All requirements of the fire department must be met in the construction of this building. Packet Page Number 300 of 334 J3, Attachment 2 6. This approval permits the project to provide 63 underground parking stalls and 74 surface parking stalls - a waiver of 145 spaces. If a parking shortage develops the applicant shall be required by the city to provide additional surface parking on the future church site to the east. 7. This permit approves a parking waiver for a senior housing facility. If this use is proposed to be converted to any other type of use this PUD must be amended to address parking requirements. 8. The future church building is not approved. This PUD must be revised to approve the future church. 9. The 10 acre parcel that will be the future home to a new church is approved for the use of community gardens. This community garden must adhere to all the requirements in Section 18-611. 10. Cross -access, maintenance and parking agreements between the two created parcels are required. A copy of all executed and recorded documents shall be submitted to the city. 11. All signage for this site and the future church site must be approved by the Community Design Review Board in a comprehensive sign plan. 12. Comply with all city ordinance requirements for signage and parking. The Maplewood City Council this resolution on October 28, 2019 Packet Page Number 301 of 334 1534 County Road C East A Attachment 3 K u -"'M City of Maplewood September 19, 2019 Maplewood WF Legend 0° Subject Property Packet Page Number 302 of 334 7.v 1534 County Road C East A Attachment 4 city of Maplewood September 19, 2019 Maple&.., - f 2040 Future Land Use Map �� n ` r 40 x r k w rte+ y v Y a' r r 0 r „w -� W-rrl bf x - �.. -V Legend Future Land Use - 2040 Low Density Residential Nv Medium Density Residential High Density Residential Commercial Public/Institutional Open Space Park Subject Property 0 490 Feet Source: Citv of Maplewood. Ramsev Countv n *�r + Packet Page Number 303 of 334 1534 County Road C East Maplewood T, Zoning Map A. w i 1► A Attachment 5 September 19, 2019 Legend T Packet Page Number 304 of 334 TWP Zoning Open Space/Park Single Dwelling (r1) Double Dwelling (r2) Planned Unit Development (pud) Farm (f) Light Manufacturing (m1) Subject Property 0 490 Feet Source: Citv of Maolewood. Ramsev Countv Packet Page Number 304 of 334 LU (L) M M 0 C M 0 (L) qe Clt) LO O 0 M C LL M M0 0 L. a. J3. Attachment 6 LA— - H� a 0 M s E M. I IEnv; -4 LL E�12 R Z 2 po E o O,o LA— C 0 C I No I Packet Page Number 305 of 334 M E M. I IEnv; E�12 R 2 po E C 0 C I No I Packet Page Number 305 of 334 J3, Attachment 7 RE: ELIM CARE SKILLED NURSING AND SENIOR HOUSING FACILITY - MAPLEWOOD, MINNESOTA Michael, The following project description and narrative is being submitted as part of the review process for construction of a proposed new Skilled Nursing and Senior Housing Facility, which includes the following types of requests: • Comprehensive Plan Amendment • Planned Unit Development • Lot Division • Community Design Review Board The subject properties (property boundary) are located near the intersection of County Road C & Hazelwood Street in Ramsey County, Maplewood, Minnesota (PID #'s: 102922210002 & 102922210001) consist of 16.47 and 0.99 acres, respectively, and are currently zoned R1 - Residence District (Single Dwelling). Elim Care is proposing construction of a new approximately 193,520 square foot Skilled Nursing and Senior Housing Facility, which varies from 1 to 3 stories. Underground parking is also proposed as part of the design. Development of the site will also include construction of ground -level parking, as well as the associated site -related design aspects such as drive aisles, storm water facilities, utilities, sidewalks, and landscaping. The proposed new facility will consist of approximately 141 units and provide a full continuum of care consisting of; Skilled Nursing, Transitional Care, Assisted Living Memory Care, Assisted Living, and Independent Living all under one roof. A preliminary breakdown of the proposed units is provided below. • Skilled Care/ TCU - 56 Units, 64 Beds • Assisted Living Memory Care - 16 Units • Assisted Living - +/- 40 Units • Independent Living - +/- 29 Units To facilitate the development, a Comprehensive Plan Amendment is proposed to zone the property boundary as a Planned Unit Development, along with a lot division to divide the property boundary into three individual lots. Dividing the property boundary is intended to accommodate both construction of the Elim Care Facility and future construction of the future physical plant of Maplewood First Evangelical Free Church. The divided property boundary will consist of the following: • Lot 1 - 6.85 acres: Proposed Elim Care Facility • Lot 2 - 10 acres: Proposed future Church • Lot 3 - 0.2 acres: Separate lot Note that Elim Care anticipates purchasing the approximate 6.85 acres of property, which is currently owned by the First Evangelical Free Church of St. Paul, Minnesota. It is also the intent, as part of the Comprehensive Plan Amendment, to guide the Church lot for Institutional use. A Neighborhood Meeting was held on May 21, 2019, with adjacent property owners and there were no major objections to the project. Packet Page Number 306 of 334 J3, Attachment 7 As part of the site development, two accesses are proposed off of County Road C E. One is a shared access drive for access to both the Elim Care and future Church sites, and the other is a service access for deliveries and access to the underground parking. This service access also provides connectivity to the fire lane. Stormwater management and utility connections for the Elim Care site will be provided on Elim Care's lot. Note that utility stubs will be provided for the future Church site as part of the design process for the Elim Care Facility. Stormwater management and utility connections pertaining to the future Church construction will be designed independently, reviewed, and approved as part of a separate review process. In the interim, before the Church is constructed, the current community gardens are proposed to remain to the maximum extent feasible. Per City Code, the proposed project requires 458 tree mitigation inches. As designed, the project includes 167 tree replacement inches, and provides 218.5 shrub replacement inches. The proposed shrubs are five gallon size; larger than the three gallon size minimum per code. We respectfully request the provided shrubs be considered for the tree mitigation allowance, and that the unmitigated 73 inches be considered for fee in lieu. As mentioned previously, the Elim Care Facility will provide Skilled Nursing, Transitional Care, Assisted Living Memory Care, Assisted Living, and Independent Living. The proposed operations are as follows: • Hours of Operation: 24 Hours of Operations (Care) with Visiting Hours • Staff at Open: 80 • Staff at Full Occupancy: 128 (Factoring differing shifts and work hours) • Max Staff at Shift Change with Full Occupancy: 55 As part of this process, Elim Care is also requesting a reduction in the amount of required parking. Underground parking is being provided for residents of the facility, while the ground -level parking will be provided for staff and visitors. Per City Code, 268 stalls are required per Unit. Given the operations and level of service provided, with many residents unable to operate a vehicle, not all units will require a stall for parking. Taking this into consideration, Elim Care is proposing to provide 137 (74 surface, 63 underground) stalls, which will provide an adequate amount of parking for the facility based on these factors. In addition, Elim Care operates many other similar facilities, and based on experience from operation of these other facilities, the quantity of parkingstalls proposed will be sufficient. Additionally, when the future Church is constructed, it is anticipated that a shared parking agreement will be implemented between the two entities. As designed, the project will provide architectural and esthetic compatibility with the surrounding properties by incorporating building elements such as complementary materials, orientation, colors, and landscaping that are compatible with the surrounding areas, as well as present and future land uses. In addition, the City's existing service capacity (water & sewer) can accommodate the project without overburden or excessive additional costs for public facilities or services. The project will not substantially diminish or impair property values within the immediate vicinity, or impede the normal and orderly development of surrounding properties due to the existing and planned future uses and land uses surrounding and adjacent to the project area. No traffic impacts to the transportation network, subject property, or neighboring properties are anticipated given the existing and proposed traffic flow expected, and accesses provided. Additionally, no pollution or negative impacts to the environment are anticipated within the scope of the proposed project. Packet Page Number 307 of 334 J3, Attachment 7 Per the City's 2040 Comprehensive Plan, the need for additional senior housing, including "facilities ranging from independent living apartment units, to assisted living units, to beds in traditional nursing facilities" is expected to grow given the aging population in Maplewood and the surrounding metro area. Granting these requests will allow Elim Care the opportunity to fulfill this need and provide essential services and resources for residents within the community, while complying with applicable zoning regulations, and meeting the goals of the City's Comprehensive Plan. Thank you for your consideration of this request on behalf of Elim Care. Please contact me at 952.426.0699 or via email at Reese.Sudtelgte@ISGlnc.com if there is any additional information we can provide in support of this project. Sincerely, Andes Centanni, Mea, AIA, NCARB Bryan Schleif V.P. of Building Design and Development Project Manager Elim Care Pope Architects Reese Sudtelgte, PE Civil Engineer ISG Packet Page Number 308 of 334 A Attachment 8 NOIIOf121ISNOO 2104 ION AlIVNIM-1BIld NOIIOf1NISNOO 2104 ION AUVNIM-1BIld Packet Page Number 309 of 334 A Attachment 9 NOIIOf121ISNOO 2104 ION A21`dNIWll321d NOIIOf121ISNOO 2104 ION A21t/NIWIl321d Packet Page Number 310 of 334 .13 Attachment 10 �am,o woC7z C7 o=aa •a3 Joh Cv.) i www J ($� oma • oa„a �� � No � g ��r h� /: A INU =JJN=Ja»>a dOJ - NoiionbUSNOO bOJ lON z Z w z 0 r W ON z o Packet Page Number 311 of 334 .13 Attachment 10 8m E 0 0 0 > 'n Gz 3 0 00 CV-) lllilllill Packet Page Number 312 of 334 CI IJ CI IJ CI lllilllill IIIIIIIII IIIIIIIII Il mil Me M �� �, Ili IM:_I Mq �il it m LL LL LL LL LL LL (n (n (n (n (n (n V V O O M N N M LL LL LL LL LL LL (n (n (n (n (n (n 0 0 0 0 0 r rn N LL LL LL LL LL LL (n (n (n (n (n (n 0 0 0 0 0 W N LLLL LL LL LL LL (n (n (n (n (n (n O 0 M N W N 70--0- LL LL LL 7-0--0- (D LL (n (n (n -- (n (n 0 o O v o 0 C7 W z � � U W0 0 W w LU p Z U z > J U) (-) Q Z 0 D O Z O D F O Z U � y w Z n ntr U U O ¢ Y < Q Q U LL (n F W Q W } Y M U 0<0 LU (L y LU N I V N— M 0 0 0 0 0 0 0 0 0 0 0 0 LL LL LL LL LL (n (n (n (n (n 00000 M N N M M V V V N z 00000_ > 00 0 0 0 J F F F F F Z U) U U U U W 0 W 0 0 W U U U U U � 2 2 2 2 2 U) J J J J J in Q Q Q Q Q Q O earQ� W Z ZZ 0 w aF J Z w Z Z LU J 111 D y J U J Q LU Uy V V O O V J3, Attachment 11 1- ry 0 z J 0 w z J / o J LijL o O J ZN W 0 O O M W J 0 0 0 0 0 0 N 0 0 0 0 0 0 W N � Z LL LL LL LL O U)U)U)U) V o 0000 M M V O M M W ^ N w r J Q > W W W W G 0 a C U > > > Ir Ir Ir W aaacn N M V U U U U F F F F Packet Page Number 313 of 334 M N O V 0 0 0 0 0 LLNn LL(NnO LL(NnO 0 0 0 0 0 0 0 0 0 0 0 0 NN 0 ON O N w 0 000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F F W W m m W W m m W W m m W W W m m m (n (n N N Q a Q Q m U 0 W LL 0= Y F F F F F F F F F F F Z Z Z Z Z Z Z Z Z Z Z V V O O V J3, Attachment 11 1- ry 0 z J 0 w z J / o J LijL o O J ZN W 0 O O M W J 0 0 0 0 0 0 N 0 0 0 0 0 0 W N � Z LL LL LL LL O U)U)U)U) V o 0000 M M V O M M W ^ N w r J Q > W W W W G 0 a C U > > > Ir Ir Ir W aaacn N M V U U U U F F F F Packet Page Number 313 of 334 J3, Attachment 11 0 Z J cc 0 Z W N W Z z OZ o > o Z LU o W o w LO Z U w 11 W U W 000-Q? J� � ti ti N Q U F o Z Z 2 O 0 F Z U 2 0 J a z U w U (Y (D F W Q Q U Q ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Packet Page Number 314 of 334 J3, Attachment 11 0 Z J cc 0 Z W N W z Q o 0( ' v O ti a a w m W m N N ti rn � J � ti ti N Q W 2 0 Z W 0 0 Z Q z 0 0- W Q o Ir O 0 O O Q 0 0 n J3, Attachment 11 �W N 2 J o W b LO w 11 J 0 `Z J cc 0 Z W N W z Q o V o Q a ti rn w m W ^ N r ti rn � J � ti ti N Q W 2 0 0 ❑❑❑❑ �V Packet Page Number 315 of 334 J3, Attachment 12 Engineering Plan Review PROJECT: Elim Care Senior Facility — 1534 County Road C East PROJECT NO: 19-36 COMMENTS BY: Jon Jarosch, Assistant City Engineer DATE: 10-5-2019 PLAN SET: Engineering plans dated 9-17-2019 Stormwater Management Plan dated 9-17-2019 The applicant is proposing to construct a new skilled nursing and senior housing facility at 1534 County Road C East. The applicant is requesting design approval. Stormwater management for the site is proposed to be accommodated via the use of three surface storm water treatment basins. It appears from the stormwater management plan that the proposed development meets the City's stormwater management standards. This review does not constitute a final review of the plans, as the applicant will need to submit construction documents for final review, along with ratified agreements, prior to issuing building and grading permits. The following are engineering review comments on the design and act as conditions prior to issuing permits: Drainage and Stormwater Management 1) The project shall be submitted to the Ramsey -Washington Metro Watershed District (RWMWD) for review. All conditions of RWMWD shall be met. 2) A joint stormwater maintenance agreement with the City and RWMWD shall be signed by the owner for the proposed infiltration/filtration basins, underground infiltration system, and associated storm sewer system. 3) Sump structures or other pre-treatment devices shall be installed upstream of all discharge points into basins or other areas. 4) Soil boring information or infiltration test data shall be submitted to support the infiltration rates assumed in the stormwater calculations. Packet Page Number 316 of 334 J3, Attachment 12 Grading and Erosion Control 5) The infiltration basins and underground infiltration systems shall be protected from sedimentation throughout construction. 6) Inlet protection devices shall be installed on all existing and proposed onsite storm sewer until all exposed soils are stabilized. 7) Public and private drives shall be swept as needed to keep the pavement clear of sediment and construction debris. 8) All pedestrian facilities shall be ADA compliant. 9) A copy of the project SWPPP and NDPES Permit shall be submitted prior to the issuance of a grading permit. 10) All slopes shall be 3H:1V or less steep in slope. 11) The total cut/fill volume shall be noted on the grading plan. 12) Stabilized rock construction entrances shall be installed at all entry/exit points into the site. 13) A double row of perimeter control shall be installed along the south and southwest corner of the site where concentrations of runoff are more likely. One of these rows shall be heavy-duty silt fence. Sanitary Sewer and Water Service 14) Sanitary sewer service piping shall be schedule 40 PVC or SDR 35. 15) The proposed water service modifications are subject to the review and conditions of Saint Paul Regional Water Services (SPRWS). The applicant shall submit plans and specifications to SPRWS for review and meet all requirements they may have prior to the issuance of a grading permit by the City 16) The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this phase of the project. Appropriate fees shall be charged during the permitting process. 17) All points where the storm sewer and sanitary sewer cross the watermain shall be reviewed for appropriate clearance. These areas shall be reviewed with SPRWS to determine whether or not insulation is needed for freeze protection. Packet Page Number 317 of 334 J3, Attachment 12 Other 18) All work within Ramsey County right-of-way requires approval from Ramsey County. All conditions of Ramsey County shall be met prior to issuance of permits. 19) The plans shall be signed by a professional engineer currently licensed in the State of Minnesota. 20) The proposed retaining wall will require a structurally engineered design and a permit from the Maplewood Building Department. 21) It is understood that there is a slight property line discrepancy along the southern portion of the property, adjacent to the City owned property. The applicant shall work with the City to address this discrepancy. Public Works Permits The following permits are required by the Public Works Department for this project. The applicant should verify the need for other City permits with the Building Department. 22) Grading and erosion control permit 23) Sanitary Sewer Permit 24) Storm Sewer Permit - END COMMENTS - Packet Page Number 318 of 334 J3, Attachment 13 Environmental Review Project: Elim Care Senior Housing Date of Plans: Civil Plans - September 19, 2019 Date of Review: October 8, 2019 Location: 1534 County Road C East Reviewer: Shann Finwall, Environmental Planner (651) 249-2304; shann.finwall(a)maplewoodmn.org Emily Dunlap, Natural Resources Coordinator (651) 249-2416; emily.dunlap(a)-maplewoodmn.org Project Background Elim Care is proposing to construct an approximately 193,520 square -foot, 141 unit, skilled nursing and senior housing facility at 1534 County Road C East. The senior care facility would comprise 6.85 acres of the approximately 17 acre site. The property owner, First Evangelical Free Church, plans to construct a new church on the remaining portion of the property. Until a new church is built the remaining portion of the site will continue to operate as a community garden. Discussion Tree Ordinance Maplewood's tree preservation ordinance describes a significant tree as a hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. A specimen tree is defined as a healthy tree of any species which is 28 inches in diameter or greater. The ordinance requires any significant tree removed to be replaced based on a tree replacement calculation. The calculation takes into account the overall caliper inches of trees removed versus the caliper inches of trees remaining on the site. Tree Replacement Mitigation Requirements The City's tree standards state that once the total caliper inches for replacement trees are determined, the applicant shall mitigate loss of significant and specimen trees by planting replacement trees in appropriate areas on the property in accordance with the tree removal, mitigation, and replacement section of the tree ordinance. After putting as many trees as feasible on the site, if the replacement requirement is still not met, the Community Development Director can approve tree replacement steps as outlined below prior to issuance of a grading or building permit: Packet Page Number 319 of 334 J3, Attachment 13 a. Planting replacement trees on city property under the direction of the Community Development Director. b. Mulched beds of native or drought tolerant shrubs that are not required as part of foundation, screening, stormwater planting requirements, or other city -required plantings will qualify towards tree replacement at a rate of .5 caliper inches per number three (#3) shrub. C. Alternative forms of mitigation can be approved by the Community Development Director. Examples of alternative mitigation includes buckthorn removal and management. Buckthorn removal and management will qualify the applicant for reducing the number of replacement trees or the payment into the city's tree fund with a dollar for dollar credit. d. Pavina the citv a sum Der caliaer inch in accordance with the tree replacement schedule set forth in the city fee schedule. Payment shall be deposited into an account designated specifically for tree planting on Public property or providing financial assistance for properties that want to voluntarily Dlant trees. Tree Impacts The Planting Detail Notes identifiy 432 significant trees on the site equaling 719 diameter inches. There will be 38 significant trees removed equaling 546 diameter inches. Based on the tree removal and overall trees on the site, the City's tree replacement calculation requires the applicant replant 458 caliper inches of trees on the site, or 229 — 2 caliper inch trees. Tree Replacement The Planting Detail Notes indicate that there will be 87 new trees planted, for a total of 167 caliper inches of replacement trees and 218.6 caliper inches of replacement shrubs, for a total tree and shrub mitigation of 385.5 caliper inches. Tree Preservation Recommendations a. The applicant must submit a revised landscape and Planting Detail Notes with the following verification: Verification of the location and size of shrubs being counted in the tree and shrub mitigation calculation. The City's tree replacement standards allow shrubs to be counted if they are native shrubs planted in mulched beds and not part of foundation, screening, or stormwater planting requirements. 2. The addition of 368.5 caliper inches of trees planted on the site (or more depending on the outcome of item 1.a. above). If the applicant is unable to add trees, they may pay into the City's tree fund at a rate of $60 per caliper inch of tree that cannot be planted on site. Packet Page Number 320 of 334 J3, Attachment 13 b. The applicant shall submit a cash escrow or letter of credit to cover 150% of the tree replacement requirements. 2. Infiltration Basin Recommendations a. Large infiltration basins will ideally be planted with deep-rooted native plants. The City requires a portion of the basin to be planted rather than seeded. Using plants rather than seeds hastens establishment and provides a better chance of successful establishment. Basin bottoms and lower elevations almost never establish successfully from seed since the seed is washed away when stormwater flows into the basin. It is recommended that the basin bottom is planted with a combination of perennials plants or shrubs in addition to native seed. b. For any area using a native seed mix (uplands or pond slope), provide information on maintenance for the planting year and years two and three, addressing what maintenance activities will be required and what entity (developer, owner, etc.) will take on this responsibility. C. Plant Schedule: The City would like Eulalia Grass (Miscanthus sinensis `Morning Light') to be removed from the plant schedule. Miscanthus has the potential to escape to nearby natural areas and become invasive, especially if it hybridizes with a nearby plant of a different cultivar. It is recommended that Eulalia Grass be replaced with a different grass such as Feather Reed Grass or Switchgrass. Packet Page Number 321 of 334 J3, Attachment 14 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, OCTOBER, 2019 5:30 P.M. E. NEW BUSINESS 2. Design Review, Elim Care Senior Housing Facility, 1534 County Road C East i. Assistant Community Development Director, Michael Martin gave the report on the design review, Elim Care, Senior Housing Facility, 1534 County Road C East and answered questions of the board. ii. Vice President of Building Design and Development, Andrew Centanni, Elim Care, 1534 County Road C East, addressed and answered questions of the board. Boardmember Thompson moved to the design plans date-stamped October 1, 2019 for the 141 -unit senior housing building to be constructed at 1534 County Road C East. Approval is subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. All requirements of the fire marshal and building official must be met. 3. Meet all requirements in the engineering report, dated October 5, 2019. 4. The applicant shall obtain all required permits from the Ramsey -Washington Metro Watershed District. 5. Signage for this site requires an approved comprehensive sign plan. 6. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. A photometric plan that meets all city requirements. b. Payment to the city's tree fund to meet the requirements of the city's tree replacement code. c. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 7. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. Packet Page Number 322 of 334 J3, Attachment 14 c. Install all required landscaping and an in -ground lawn irrigation system for all landscaped areas. d. Install all required outdoor lighting. e. Install all required sidewalks and trials. f. Provide the city copies of executed and recorded parking and access easements between the two properties. 8. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above -required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 9. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Chairperson Kempe. Ayes — All The motion passed. Packet Page Number 323 of 334 J3, Attachment 15 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, OCTOBER 15, 2019 7:00 P.M. E. PUBLIC HEARING 4. Elim Care Senior Housing Facility, 1534 County Road C East a. Comprehensive Plan Amendment b. Planned Unit Development Resolution a. Lot Division i. Assistant Community Development Director, Michael Martin gave the report on Elim Care Senior Housing Facility, 1534 County Road C East and answered questions of the commission. ii. Vice President of Building Design and Development, Andrew Centanni, Elim Care, 1534 County Road C East, addressed and answered question of the commission. iii. Engineer with ISG, Reese Sudtelge, addressed and answered questions of the commission. Chairperson Arbuckle opened the public hearing. 1. Elaine Kruse, 1379 County Road C, Maplewood, addressed the commission regarding the secondary driveway and the traffic concerns. 2. Jon Addington, First Evangelical Free Church, Maplewood, addressed the commission. Chairperson Arbuckle closed the public hearing. a. Commissioner Kempe moved to approve the attached comprehensive plan amendment resolution which approves a land use plan amendment from Low Density Residential to High Density Residential and Institutional for the 17.15 -acre parcel located at 1534 County Road C East. Seconded by Commissioner Yang. Ayes — All The motion passed. b. Commissioner Kempe moved to approve the attached conditional use permit for a Dlanned unit develoament resolution which aaaroves a four-storv. 141 -unit senior housing building to be constructed at 1534 county Road C East. Seconded by Chairperson Arbuckle. Ayes - All The motion passed. c. Commissioner Kempe moved to approve the lot division request to divide the parcels located at 1534 County Road C East and 1448 County Road C East into two lots for Packet Page Number 324 of 334 J3, Attachment 15 the senior housinq project and future church site. This lot division approval is subject to the followina conditions: 1. A revised site plan shall be submitted to staff for approval showing the 0.20 acre portion west of the Bruce Vento Trail combined with the parcel comprising the senior housing facility. 2. Prior to issuance of a certificate of occupancy for the new commercial building the following must be submitted to staff for approval: a. Proof that Ramsey County has recorded the lot division. Seconded by Commissioner Ige. Ayes — All The motion passed. This goes to the city council on October 28, 2019. Packet Page Number 325 of 334 J4 CITY COUNCIL STAFF REPORT Meeting Date October 28, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Director of Public Works/City Engineer Audra Robbins, Parks and Recreation Manager PRESENTER: Steven Love AGENDA ITEM: Harvest Park Master Plan a. Preparation of the Park Master Plan b. Professional Design Services by LHB, Inc. Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ✓ Contract/Agreement ❑ Proclamation Policy Issue: The Maplewood Parks & Recreation System Master Plan calls for taking care of the assets that we have as well as making necessary improvements to our parks system based on the changing needs of the community. The City Council will consider initiating the preparation of a park master plan for Harvest Park. Recommended Action: a. Motion to authorize the preparation of the park master planning for Harvest Park. b. Motion to authorize the use of LHB, Inc. for professional design services and to further authorize the Mayor and the City Manager to sign the attached work order with LHB, Inc. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $49,940 (includes a 10% contingency fee). Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: Park Improvement Fund Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ✓ Community Inclusiveness ✓ Infrastructure & Asset Mgmt. The master planning process for Harvest Park touches on several of the City Council's strategic initiatives by evaluating what we have, planning for the future, and involving our residents in the process. Packet Page Number 326 of 334 J4 Background Maplewood's Parks and Recreation system has transitioned from a developing system into a mature system, which presents unique challenges. At the core of future issues is the need for extensive park revitalization and reinvestment. System -wide replacement of aging park facilities such as playgrounds, courts, fields, shelters, and signage is needed. Taking care of the existing system was the number one community identified priority for the future during our Parks System Master Planning process. Support of multi -modal transportation such as the Rush Line was also called out in the Parks System Master Plan. Harvest Park is one of only two community athletic parks in Maplewood and as such serves a very important role in our system. Portions of the park are also utilized for growing native seed and plants through a partnership with Urban Roots. Originally identified in the CIP for improvements in 2023, the need to advance the master planning timeline arose as part of the Rush Line Bus Rapid Transit (BRT) planning process. The Local Preferred Alternative route runs within the Ramsey County Regional Rail Authority right-of-way adjacent to the Bruce Vento Trail. The need for a park and ride facility was identified near the intersection of the proposed Rush Line BRT guideway and Gervais Avenue. This location was chosen for the convenient vehicle access to Highway 36 for users of the proposed park and ride facility and proximity to the residential neighborhood to the east. The Rush Line project staff are exploring concepts to relocate/replace the existing surface parking lot for Harvest Park to the southwest corner of the park, adjacent Gervais Avenue, with a structured parking lot. The structured parking lot would be a shared use facility between Rush Line BRT users and Harvest Park users. The existing surface parking lot would be repurposed for park and recreational use. This goal of this concept would allow for a shared use parking structure and a BRT station stop located at the southwest corner of Harvest Park, retain the same amount of useable park area and potentially create a trailhead for the Bruce Vento Trail. In order to properly evaluate this proposal and ensure that the park will continue to meet the needs of our residents and park users, it is important to develop a park master plan. Staff is recommending delaying the master planning process for Hazelwood Park from 2019 to 2022 and advancing Harvest Park from 2022 to 2019. The City is proposing to utilize the professional services of LHB Inc., from the City's consultant pool, for the development of a park master plan for Harvest Park. LHB has provided a proposal for these services in the amount of $45,400. A project budget of $49,940 (LHB services plus a 10% contingency) funded by the Park Improvement Fund. Staff is currently in discussions with Rush Line project staff at Ramsey County on splitting the costs, 50/50, for the park master plan preparation. Pending Council approval, LHB Inc. is prepared to start immediately on this project with the goal of completing the park master plan by June of 2020. LHB's proposed Scope of Services Includes: • Review of Existing Plans and Conditions • Public Engagement and Option Development • Public Engagement and Preferred Direction Attachments 1. Harvest Park Master Plan Work Order Packet Page Number 327 of 334 PERFORMANCE DRIVEN DESIGN. LHBcorp.com CITY OF MAPLEWOOD WORK ORDER FOUR J4, Attachment 1 This Work Order dated October 21, 2019 is submitted for services to be performed in accordance with the terms and conditions of the Master Services Agreement dated January 28, 2019 between LHB, Inc. "LHB" and City of Maplewood "Client". Descriptive Project Title: Harvest Park Master Plan Scope of Work and Assumptions, Deliverables, Anticipated Schedule, Additional Services: Per the attached "Harvest Park Master Plan Proposal for Landscape Architecture Services" dated October 18, 2019 and "Harvest Park Master Plan and Predesign Study Proposal for Topographic Survey Services" dated October 16, 2019. Compensation: Compensation shall be for a stipulated sum of Forty -Five Thousand Four Hundred Dollars ($45,400) plus reimbursable expenses divided as follows: Review of Existing Plans and Conditions Survey (see attached letter) Public Engagement and Option Development Public Engagement and Preferred Direction Total $ 3,800 $ 6,800 $18,600 $16,200 $45,400 The client shall set aside a contingency amount of 10% of the Compensation for Additional Services resulting from a change in the circumstances or conditions that affect the scope of work, schedule or other terms of this Agreement. Named Representatives and Contact Information: CLIENT: Audra Robbins Name (651) 249-2125. Audra.Robbinsnmaplewoodmn.gov Telephone and E -Mail LHB: Name 612-752-6956, Lvdia.Major&LHBcorp.com Telephone and E -Mail 21 West Superior Street, Suite 500 1 Duluth, MN 55802 1 218.727.8446 701 Washington Avenue North, Suite 200 1 Minneapolis, MN 55401 1 612.338.2029 324 Garfield Street South I Cambridge, MN 55008 1 763.689.4042 63 East Second Street, Suite 150 1 Superior, WI 54880 1 715.392.2902 Packet Page Number 328 of 334 J4, Attachment 1 This Work Order is an authorization for LHB to proceed with the work described above consistent with the terms and condition of the Master Services Agreement. CITY OF MAPLEWOOD By: (Signature) Its: Cit3� Man ger (Title) CITY OF MAPLEWOOD By: (Signature) Its: (Title) Name: Name: (Printed Name) (Printed Name) LHB, Inc By: ��,) (Signature) Its: Senior Vice President (Title) Name: Michael A. Fischer (Printed Name) Attachments: • "Harvest Park Master Plan Proposal for Landscape Architecture Services" dated October 18, 2019 • "Harvest Park Master Plan and Predesign Study Proposal for Topographic Survey Services" dated October 16, 2019. • "Reimbursable Expenses" dated October 21, 2019 LHB Template: Last Revised 09-14-2016 M:\18Pfoj\180908\100 Financial\102 Agfeements\Work Ofdefs\Work Ofdef 4\20191021 Wofk Odef 4.docx Work Order Page 2 of 2 Packet Page Number 329 of 334 J4, Attachment 1 PERFORMANCE DRIVEN DESIGN. LHBcorp.com October 18, 2019 Audra Robbins and Steve Love City of Maplewood 1830 County Road B E Maplewood, Minnesota 55109 HARVEST PARK MASTER PLAN PROPOSAL FOR LANDSCAPE ARCHITECTURE SERVICES Dear Audra and Steve: Thank you for contacting me about working with you on the Harvest Park Master Plan. I am pleased to propose the following services to the City of Maplewood focused on developing a vision for Harvest Park as you prepare for the possible incorporation of a parking structure for the future LRT station. This park functions as a primary athletic facility for the community (along with Hazelwood), as well as an important hub along the Bruce Vento Trail. It also provides basic recreation facilities for the neighborhood, with a playground and ample open space. The proposed process includes evaluation of the existing condition of the site and building, a community engagement process that builds on your system master plan findings, a master plan -level cost estimation, and development of an overall master plan. I understand that your goal is to complete this master plan in a timeframe that will keep Maplewood in step with the LRT planning process. Please review this proposal and let me know if you need any modifications to our scope, schedule, or fee— we are happy to make adjustments to better meet your needs. Please let me know if you need additional background or have questions about our work. SCOPE OF SERVICES • Review of Existing Plans and Conditions We will review the project information provided by you on October 7, 2019, along with any other applicable plans. We will meet with Maplewood staff on site to review the condition of existing facilities. We will evaluate the fields, trails, courts, parking lots, and natural/open areas. LHB will provide a memo and an annotated site plan describing our findings. • Public Engagement and Option Development Following our initial analysis, LHB will plan and facilitate the following meetings and deliverables with guidance from City staff: • Conduct three (3) stakeholder meetings: ■ Metro Transit and Ramsey County ■ Athletic groups ■ Churches • Develop two or three concepts as sketch plans and review these with staff, then refine as needed for a community meeting. 21 West Superior Street, Suite 500 1 Duluth, MN 55802 1 218.727.8446 701 Washington Avenue North, Suite 200 1 Minneapolis, MN 55401 1 612.338.2029 324 Garfield Street South I Cambridge, MN 55008 1 763.689.4042 63 East Second Street, Suite 150 1 Superior, WI 54880 1 715.392.2902 Packet Page Number 330 of 334 J4, Attachment 1 Page: 2 Date: October 18, 2019 • Present options to the Parks Commission at the December 18 meeting • Conduct one (1) public meeting in early January to get feedback on options ■ Optional service: online survey • Conduct a follow-up meeting with the Rush Line team • Conduct a workshop to review options and feedback with the City Council Public Engagement and Preferred Direction LHB will develop details around a preferred direction, based on feedback from these meetings. The process to arrive at the final master plan will be: • Develop a preferred direction • Provide a master -plan level cost estimate for the master plan • Conduct one (1) public meeting to get feedback on preferred direction • Present preferred direction to Parks Commission • Incorporate any final changes and revisions • 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 • One (1) memo of existing conditions Meeting and presentation materials and notes Master plan document including the following: o Existing condition summary o Process description o Color master plan o Project narrative description o Master plan -level cost estimate CLIENT'S ROLE • Participate in all meetings, leading portions of the meetings and presentations if desired • Provide the room and any other logistics (such as A/V equipment, food, etc.) required for the public meeting and presentations • Invite/notify all attendees • Provide timely, consolidated review of all materials EXCLUSIONS • 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. • Survey services are included, as described in the attached letter. • Geotechnical explorations will be separate, directly contracted with the Owner. ADDITIONAL SERVICES 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. If the project commences later than three (3) months past the date of this proposal, LHB reserves the right to review and renegotiate compensation. 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. Packet Page Number 331 of 334 J4, Attachment 1 Page: 3 Date: October 18, 2019 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 to work on this project following Council approval on October 28. We will complete the Predesign Study by June 2020 and will work with you to schedule the proposed meetings. PROPOSED FEE Compensation for LHB's services shall be for a stipulated sum of Forty Five Thousand Four Hundred Dollars ($45,400), plus reimbursable expenses. The Compensation shall be divided as follows: Review of Existing Plans and Conditions..............................................................................$ 3,800 Survey (see attached letter).......................................................................................................$ 6,800 Public Engagement and Option Development.....................................................................$18,600 Public Engagement and Preferred Direction........................................................................ $16,200 Total.................................................................................................................... $45,400 The Client shall set aside a contingency amount of 10% in addition to the fee budget above for additional services resulting from a change in the circumstances or conditions that affect the scope of work, schedule or other terms of this Agreement. Upon recognizing the need to perform additional services, LHB shall notify the Client and LHB shall not proceed to provide additional services until LHB receives the Client's written authorization. If compensation for additional services exceeds the contingency amount, LHB shall notify the Client and enter into negotiation to address the changed conditions. Reimbursable expenses shall be additional, per LHB's Standard Reimbursables Schedule attached below. Reimbursable expenses include printing, messenger and delivery expenses, and mileage. TERMS AND CONDITIONS Upon your approval of this proposal, LHB will prepare a Work Order consistent with the terms and conditions of our Master Services Agreement dated January 28, 2019. Please contact me at 612.752.6956 with any questions. I am excited to have the opportunity to work with you as you imagine the future of this site. LHB Lydia Major Project Manager c: LHB File 180908 Mike Fischer Project Principal M:A18PcojA180908\100 Financial\101 Proposals\Harvest Pack Proposal\180908 20191011 Hatvest Pack Master PlanPcoposal.docx Packet Page Number 332 of 334 J4, Attachment 1 PERFORAAANCE DESIGN. LHBcorp.com October 16, 2019 Audra Robbins and Steve Love City of Maplewood 1830 County Road E Maplewood, MN HARVEST PARK MASTER PLAN AND PREDESIGN STUDY PROPOSAL FOR TOPOGRAPHIC SURVEY SERVICES Dear Audra and Steve: Thank you for the opportunity to provide you with a proposal for a topographic survey of Harvest Park in the City of Maplewood. I have reviewed the project area and propose the following not- to -exceed cost: Topographic Survey $6,800.00 Included in the scope of work for this site is location and elevation of all visible surface features, within the park boundary, location of underground utilities per information resulting from a Gopher State One Call design locate request, and preparation of a drawing to be used for planning and design purposes. This fee includes all travel time and expenses. It is my assumption that the city will be able to provide LHB with the legal description for the park boundary. If a full legal description is not available, LHB can determine an approximate property boundary by completing research at the Ramsey County Recorder's office and the Ramsey County GIS site. Additional fees may apply if this work is required. Again, thank you for allowing us to provide you with this proposal. If you have any questions or if you need additional information or clarification, feel free to contact me at your convenience. Sincerely, LHB, Inc. a Kyle Roddy, PLS Survey Group Lead kyle. roddy@lhbcorp. com 612.638.8712 direct 21 West Superior Street, Suite 500 I Duluth, MN 55802 1 218.727.8446 701 Washington Avenue North, Suite 200 I Minneapolis, MN 55401 1 612.338.2029 63 East Second Street, Suite 150 I Superior, Wl 54880 1 715.392.2902 324 Garfield St. South I Cambridge, MN 55008 1 763.689.4042 Packet Page Number 333 of 334 PERFORMANCE DRIVEN DESIGN. LHBcorp.com REIMBURSABLE EXPENSES J4, Attachment 1 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. Items include, but are not limited to: Travel -Automobile: Current IRS Rate Meals & Lodging: 110% of cost Fee Paid for Regulatory Review and Approvals: 110% of cost Postage & Handling: 110% of cost Copies: $0.15 each face Regular Bond Plots $2.00 each Color Plots $10.00 each Construction Documents for Construction: 110% of cost Renderings and Models: 110% of cost Excess Project Insurance (if requested by Owner): Cost Global Positioning System (GPS) $150/day Total Station $60/day Underground Utility Locator $25/day The reimbursable expenses are current as of the date of issue shown below. Rates are subject to adjustment for market conditions without specific notification. https://share.lhbcorp.com/Project Delivery/Rates Worksheets/PD Fee Estimate Worksheets/Rate Schedules/Templates/E1113 Standard Reimbursable Expense Schedule.doc Reimbursable Expenses Page 1 of 1 21 West Superior Street, Suite 500 1 Duluth, MN 55802 1 218.727.8446 701 Washington Avenue North, Suite 200 1 Minneapolis, MN 55401 1 612.338.2029 324 Garfield Street South I Cambridge, MN 55008 1 763.689.4042 63 East Second Street, Suite 150 1 Superior, WI 54880 1 715.392.2902 Packet Page Number 334 of 334 Date Issued: 10/21/2019