HomeMy WebLinkAbout2020-09-14 City Council Meeting PacketMeeting is also available on Comcast Ch. 16 and streaming via maplewoodmn.gov
AGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, September 14, 2020
Held Remotely Via Conference Call
Dial 1-312-626-6799
When Prompted Enter Meeting ID: 972 7798 6241 #
No Participant ID, Enter # When Prompted
Meeting No. 17-20
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. APPROVAL OF AGENDA
E. APPROVAL OF MINUTES
1. August 24, 2020 City Council Workshop Minutes
2. August 24, 2020 City Council Meeting Minutes
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
2. Council Presentations
G. CONSENT AGENDA — Items on the ConsentAgenda 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. Resolution Appointing Election Judges and Establishing a Ballot Board for the 2020
General Election
3. Local Lawful Gambling Permit for Hill Murray School, 2625 Larpenteur Avenue East
4. Resolution to Accept Donation from Country Financial
5. Dogtopia, 2015 Woodlynn Avenue East, Conditional Use Permit Resolution
6. Land Use Development Agreement with SUSO 4 Mapleridge LP
7. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for October
12, 2020, Dennis -McClelland Area Street Improvements, City Project 19-10
8. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for October
12, 2020, Schaller Area Pavement Rehabilitation, City Project 19-11
9. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for October
12, 2020, County Road B & Arcade Street Improvements, City Project 19-22
10. Resolution Directing Modification of Existing Construction Contract, Change Order
No. 1, Dennis -McClelland Area Street Improvements, City Project 19-10
11. Tax Increment Financing and Business Subsidy Agreement for Maple Ridge Center
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. HyVee, 2501 White Bear Avenue, Appeal of CDRB Decision
J. NEW BUSINESS
1. Amendment to Maplewood Community Center Operating Agreement
2. North Fire Station Construction Project
a. Request for Proposal Results
b. Construction Management Services Contract Agreement with Kraus -Anderson
Construction Company for the North Fire Station Replacement Project
3. Review of Charitable Gambling Policies
4. Review of City Council Meeting Format
5. Home -Based Cement Business with Storage of Commercial Vehicles, 2510 Carver
Avenue
a. Home Occupation License Resolution
b. Conditional Use Permit Resolution
6. Woodspring Suites, 1744 County Road D East
a. Conditional Use Permit for a Planned Unit Development Amendment
Resolution
b. Design Review and Comprehensive Sign Plan Resolution
7. Ordinance Amendment for Planned Unit Development
a. Ordinance Amendment to Chapter 44, Zoning, Revising Procedures for
Planned Unit Developments
b. Resolution Authorizing Publication of the Ordinance by Title and Summary (4
votes)
8. Resolution Adopting the 2021 Preliminary Property Tax Levy and Setting the 2021
Budget Public Hearing Date and Time
9. Closed Session Pursuant to Minn. Stat., Section 13D.05, subd. 3(b) for Attorney -
Client Privileged Discussion Regarding Pending Litigation, Myth Live II, Inc v. City
K. AWARD OF BIDS
1. Resolution Receiving Bids and Awarding Construction Contract for 1902 Building
Roof Replacement, City Project 20-06
L. ADJOURNMENT
Sign language interpreters for hearing impaired persons are available for public hearings upon
request. The request for this must be made at least 96 hours in advance. Please call the City Clerk's Office
at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with
the City Clerk for availability.
RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY
Following are rules of civility the City of Maplewood expects of everyone appearing at Council
Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's
opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing
at Council meetings, it is understood that everyone will follow these principles:
Speak only for yourself, not for other council members or citizens - unless specifically tasked by your
colleagues to speak for the group or for citizens in the form of a petition.
Show respect during comments and/or discussions, listen actively and do not interrupt or talk
amongst each other.
Be respectful of the process, keeping order and decorum. Do not be critical of council members,
staff or others in public.
Be respectful of each other's time keeping remarks brief, to the point and non -repetitive.
E1
MINUTES
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
6:30 P.M. Monday, August 24, 2020
Held Remotely via Conference Call
A. CALL TO ORDER
A meeting of the City Council was held remotely via conference call and was called to
order at 6:30 p.m. by Mayor Abrams.
B. ROLL CALL
Marylee Abrams, Mayor
Present
Kathleen Juenemann, Councilmember
Present
William Knutson, Councilmember
Present
Sylvia Neblett, Councilmember
Absent
Bryan Smith, Councilmember
Present
C. APPROVAL OF AGENDA
Councilmember Juenemann moved to aaarove the aaenda as submitted.
Seconded by Councilmember Smith Ayes — All, via roll call
The motion passed.
D. UNFINISHED BUSINESS
1. Budget Workshop #2
City Manager Coleman introduced the item. Finance Director Paulseth gave the budget
presentation.
E. NEW BUSINESS
None
F. ADJOURNMENT
Mayor Abrams adjourned the meeting at 7:14 p.m.
August 24, 2020 1
City Council Workshop Minutes
Packet Page Number 1 of 292
E2
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, August 24, 2020
Held Remotely Via Conference Call
Meeting No. 16-20
A. CALL TO ORDER
A meeting of the City Council was held remotely via conference call and was called to
order at 7:20 p.m. by Mayor Abrams.
Mayor Abrams opened the meeting by reporting on the innovative initiative launched by
the Maplewood Department of Public Safety in 2019 called the Mental Health Outreach
Team (MHOT) with the goal to serve individuals with mental illnesses and the new
partnership with Ramsey County where they imbed a social worker in the Maplewood
Public Safety Department.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Marylee Abrams, Mayor
Present
Kathleen Juenemann, Councilmember
Present
William Knutson, Councilmember
Present
Sylvia Neblett, Councilmember
Absent
Bryan Smith, Councilmember
Present
D. APPROVAL OF AGENDA
Councilmember Juenemann moved to approve the amended agenda as submitted.
Seconded by Councilmember Knutson Ayes — All, via roll call
The motion passed.
E. APPROVAL OF MINUTES
August 10, 2020 City Council Meeting Minutes
Change "residence" to "residents" and "business" to "businesses" in the Mayor opening
remarks.
Councilmember Juenemann moved to approve the August 10, 2020 City Council
Meeting Minutes as amended.
Seconded by Councilmember Smith Ayes — All, via roll call
The motion passed.
2. August 14, 2020 City Council Special Meeting Minutes
Councilmember Juenemann moved to approve the August 14, 2020 City Council Special
August 24, 2020
City Council Meeting Minutes
Packet Page Number 2 of 292
E2
Meeting Minutes as submitted.
Seconded by Councilmember Smith Ayes — All, via roll call
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
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
None
3. Resolution for Appointments to the Nature Center Task Force and Parks &
Recreation Programming Task Force
City Manager Coleman began the staff report. Assistant City Manager/HR Director
Sable continued the staff report.
Councilmember Juenemann moved to approve the resolution for Appointments to the
Nature Center Task Force.
Resolution 20-08-1846
CITY OF MAPLEWOOD RESOLUTION FOR APPOINTMENTS TO THE
NATURE CENTER TASK FORCE
Whereas, the COVID-19 pandemic has led to significant shifts in the City's service
model for Nature Center programming and their financial sustainability moving forward.
NOW, THEREFORE, BE IT RESOLVED, that the City of Maplewood hereby
appoints the following individuals, whose applications have been reviewed and scored
by the Maplewood City Council, to serve on the Nature Center Task Force as indicated
below:
1. City Council Appointees:
Friends of Maplewood Nature: James Beardsley
Nature Center Volunteers: Jan Hayman and Camille Johnson
Residents: Rebecca Bryan, Joseph Fox, Micah Larson, Elizabeth Roff, Martha Wullf,
Karri Bitner, Marge Sagstetter, and Stacy Yoakiem
2. In the event that an appointee is unable to serve, their spot will be filled by the person
with the next highest score.
August 24, 2020 2
City Council Meeting Minutes
Packet Page Number 3 of 292
E2
Seconded by Councilmember Smith Ayes — All, via roll call
The motion passed.
Councilmember Juenemann moved to approve the resolution for Appointments to the
Parks & Recreation Programming Task Force.
Resolution 20-08-1847
CITY OF MAPLEWOOD RESOLUTION FOR APPOINTMENTS TO THE
PARKS & RECREATION PROGRAMMING TASK FORCE
Whereas, the COVID-19 pandemic has led to significant shifts in the City's service
model for Parks and Recreation programming and their financial sustainability moving
forward.
NOW, THEREFORE, BE IT RESOLVED, that the City of Maplewood hereby
appoints the following individuals, whose applications have been reviewed and scored
by the Maplewood City Council, to serve on the Parks & Recreation Programming Task
Force as indicated below.
1. City Council Appointees:
Aaron Wulff, Bao Vang, Michael Ericson, Angela Huggar and Vickie Lee -Her
2. In the event that an appointee is unable to serve, their spot will be filled by the
person with the next highest score.
Seconded by Councilmember Knutson Ayes — All, via roll call
The motion passed.
G. CONSENT AGENDA — Items on the ConsentAgenda 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.
Agenda item G4 was highlighted.
Councilmember Juenemann moved to approve agenda items G1 -G4.
Seconded by Councilmember Smith Ayes — All, via roll call
The motion passed.
Approval of Claims
Councilmember Juenemann moved to approve the approval of claims.
ACCOUNTS PAYABLE
August 24, 2020 3
City Council Meeting Minutes
Packet Page Number 4 of 292
E2
$ 1,482,480.31 Checks #106152 thru #106192
dated 08/05/20 thru 08/11/20
$ 519,836.52 Disbursements via debits to checking account
dated 08/03/20 thru 08/07/20
$ 168,054.09 Checks #106193 thru #106218
dated 08/18/20
$ 317,938.47 Disbursements via debits to checking account
dated 08/10/20 thru 08/14/20
$ 2,488,309.39 Total Accounts Payable
PAYROLL
$ 599,302.54 Payroll Checks and Direct Deposits dated 08/07/20
$ 1,421.00 Payroll Deduction check # 99104275 thru # 99104276 dated 08/07/20
$ 600,723.54 Total Payroll
$ 3,089,032.93 GRAND TOTAL
Seconded by Councilmember Smith Ayes — All, via roll call
The motion passed.
2. Purchase Technology Equipment
Councilmember Juenemann moved to approve the purchase of technology equipment
from SHI.
Seconded by Councilmember Smith Ayes — All, via roll call
The motion passed.
3. Renew Ramsey County GIS Users Group Joint Powers Agreement
Councilmember Juenemann moved to approve the Ramsey County GIS Users Group
Joint Powers Agreement.
Seconded by Councilmember Smith Ayes — All, via roll call
The motion passed.
4. 2020 CARES Act Election Grant County — Municipality Agreement
Councilmember Juenemann moved to approve the 2020 CARES Act Election Grant
County — Municipality Agreement with Ramsey County.
August 24, 2020 4
City Council Meeting Minutes
Packet Page Number 5 of 292
E2
Seconded by Councilmember Smith Ayes — All, via roll call
The motion passed.
H. PUBLIC HEARINGS — If you are here for a Public Hearing please familiarize yourself
with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk
before addressing the council. At the podium please state your name and address
clearly for the record. All comments/questions shall be posed to the Mayor and Council.
The Mayor will then direct staff, as appropriate, to answer questions or respond to
comments.
None
I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
1. Vacant Building Registration
Community Development Director Thomson gave the staff report.
No action was taken, for discussion purposes only.
K. AWARD OF BIDS
None
L. ADJOURNMENT
Each councilmember shared thoughts on current events.
Mayor Abrams adjourned the meeting at 8:23 p.m.
August 24, 2020 5
City Council Meeting Minutes
Packet Page Number 6 of 292
Fla
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
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.
Recommended Action:
No motion needed. This is an informational item.
Upcoming Agenda Items and Work Sessions Schedule:
Sept 28 Workshop: Commission Interviews
Oct 12 Council Meeting: Assessment Hearing for 3 Street Improvement Projects
Council Comments:
Comments regarding Workshops, Council Meetings or other topics of concern or interest.
Packet Page Number 7 of 292
THIS PAGE IS INTENTIONALLY LEFT BLANK
Packet Page Number 8 of 292
G1
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Ellen Paulseth, Finance Director
DATE: September 8, 2020
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:
$
964,128.23
Checks #106219 thru #106254
dated 08/25/20
$
617,527.01
Disbursements via debits to checking account
dated 08/17/20 thru 08/21/20
$
3,073,977.28
Checks #106255 thru # 106295
dated 09/01/20
$
331,280.81
Disbursements via debits to checking account
dated 08/24/20 thru 08/28/20
$
894,115.92
Checks # 106296 thru # 106326
dated 09/08/20
$
600,297.97
Disbursements via debits to checking account
dated 08/31/20 thru 09/04/20
$ 6,481,327.22 Total Accounts Payable
PAYROLL
$ 599,879.96 Payroll Checks and Direct Deposits dated 08/21/20
$ 2,287.30 Payroll Deduction check # 99104289 thru # 99104291
dated 08/21/20
$ 600,379.51 Payroll Checks and Direct Deposits dated 09/04/20
$ 1,421.00 Payroll Deduction check # 99104305 thru # 99104306
dated 09/04/20
$ 1,203,967.77 Total Payroll
$ 7,685,294.99 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 9 of 292
Check Register
City of Maplewood
08/20/2020
G1, Attachments
Check
Date
Vendor
Description
Amount
106219
08/25/2020
00687
HUGO'S TREE CARE INC
HAZARDOUS TREE & STUMP REMOVAL
1,876.00
08/25/2020
00687
HUGO'S TREE CARE INC
HAZARDOUS TREE & STUMP REMOVAL
441.00
106220
08/25/2020
00985
METROPOLITAN COUNCIL
WASTEWATER - SEPTEMBER
297,410.22
106221
08/25/2020
01337
RAMSEY COUNTY -PROP REC & REV
911 DISPATCH SERVICES -JULY
37,638.23
08/25/2020
01337
RAMSEY COUNTY -PROP REC & REV
CAD SERVICES - JULY
7,289.58
08/25/2020
01337
RAMSEY COUNTY -PROP REC & REV
FLEET SUPPORT FEES - JULY
683.28
106222
08/25/2020
01574
T A SCHIFSKY & SONS, INC
BITUMINOUS MATERIALS
2,160.20
08/25/2020
01574
T A SCHIFSKY & SONS, INC
BITUMINOUS MATERIALS
1,363.45
08/25/2020
01574
T A SCHIFSKY & SONS, INC
BITUMINOUS MATERIALS
1,276.78
08/25/2020
01574
T A SCHIFSKY & SONS, INC
A/C ASPHALT MIXES FOR SPOT PAVING
1,065.97
106223
08/25/2020
01819
WINDSTREAM
LOCAL PHONE SERVICE 07/15 - 08/14
595.10
106224
08/25/2020
01190
XCEL ENERGY
ELECTRIC & GAS UTILITY
3,899.66
08/25/2020
01190
XCEL ENERGY
ELECTRIC & GAS UTILITY
2,194.25
08/25/2020
01190
XCEL ENERGY
ELECTRIC & GAS UTILITY
184.46
106225
08/25/2020
02880
ZAHL PETROLEUM MAINTENANCE CO
REPAIR GASOLINE FUEL PUMPS
2,431.10
106226
08/25/2020
01047
3M
PAYGO PAYMENT FOR 1ST HALF 2020
401,192.06
106227
08/25/2020
05641
CHP MAPLEWOOD MN OWNER, LLC
TIF PMT TO DEVELOPER 1ST HALF 2020
97,838.81
106228
08/25/2020
06155
COMPLETE THREAT PREPAREDNESS
N95 MASKS - 50% DOWNPMT
14,105.60
106229
08/25/2020
00453
EHLERS, INC.
TIF 1-14 HYVEE PROJ
6,250.00
08/25/2020
00453
EHLERS, INC.
TIF 1-14 HYVEE - PRO FORMA ANALYSIS
1,040.00
08/25/2020
00453
EHLERS, INC.
TIF CONSULTING 1-4,1-5
562.50
106230
08/25/2020
03330
HOISINGTON KOEGLER GROUP INC
ZONING ORDINANCE UPDATE
6,875.00
106231
08/25/2020
05694
HOWARD JOHNSTON
AREA LOGISTICS JUDGE
285.00
08/25/2020
05694
HOWARD JOHNSTON
ELECTION JUDGE MILEAGE
34.56
106232
08/25/2020
05533
KIRVIDA FIRE
REPAIRS TO ENGINE #325
2,650.98
106233
08/25/2020
00393
MN DEPT OF LABOR & INDUSTRY
ELEVATOR INSPECTION PW1902
100.00
106234
08/25/2020
06156
LARRY DOUGLAS JONES
RETURN OF SAFEKEEPING FUNDS
80.00
106235
08/25/2020
00936
MAPLEWOOD AREA
CHARITABLE GAMBLING 2020
2,160.00
106236
08/25/2020
00986
METROPOLITAN COUNCIL
MONTHLY SAC - JULY
24,601.50
106237
08/25/2020
04318
MILLER EXCAVATING, INC.
DISPOSAL OF SCREENED SWEEPINGS
110.00
106238
08/25/2020
01136
NARDINI FIRE EQUIP CO INC
ALARM SYSTEM INSPECTION FS#2
404.50
08/25/2020
01136
NARDINI FIRE EQUIP CO INC
ALARM SYSTEM INSPECTION - SOUTH FS
248.50
106239
08/25/2020
06133
NO WAIT INSIDE, LLC
DMV SMS TEXTS/PHONE SUB 8/13-9/12
787.90
08/25/2020
06133
NO WAIT INSIDE, LLC
MONTHLY SUBSCRIPTION SERVICE
29.00
106240
08/25/2020
01175
CITY OF NORTH ST PAUL
MONTHLY UTILITIES - JULY
4,188.45
106241
08/25/2020
05356
NORTH SUBURBAN ACCESS CORP
PRODUCTION SERVICES - JULY
870.75
106242
08/25/2020
06017
NOW MICRO INC
DELL PC's OFF STATE OF MN CONTRACT
19,215.00
106243
08/25/2020
00001
ONE TIME VENDOR
REFUND J GODFREY - TRANS MEDIC
200.00
08/25/2020
00001
ONE TIME VENDOR
REFUND J GODFREY - TRANS MEDIC
200.00
106244
08/25/2020
00001
ONE TIME VENDOR
REFUND J KNAUFF - TRANS MEDIC
100.00
106245
08/25/2020
00001
ONE TIME VENDOR
REFUND B ZAMARRIPA - TUMBLING
32.00
106246
08/25/2020
06111
QUADIENT FINANCE USA, INC.
POSTAGE - CITY HALL POSTAGE MACHINE
1,541.08
106247
08/25/2020
06157
ROBERT SAMUEL SALAZAR
RETURN OF SAFEKEEPING FUNDS
80.00
106248
08/25/2020
02001
CITY OF ROSEVILLE
PHONE & IT SUPPORT SRVS - AUGUST
6,230.00
106249
08/25/2020
04256
SHI INTERNATIONAL CORP
NETWORK STACKING MODULE
1,752.00
08/25/2020
04256
SHI INTERNATIONAL CORP
WEBCAMS
749.85
08/25/2020
04256
SHI INTERNATIONAL CORP
STACKING CABLE
67.00
106250
08/25/2020
01836
ST PAUL, CITY OF
ANIMAL BOARDING SRVS - APRIL -JUNE
1,705.00
106251
08/25/2020
01545
SUBURBAN RATE AUTHORITY
MEMBERSHIP ASSESSMENT 2ND HALF
2,074.50
106252
08/25/2020
05213
TENNIS ROLL OFF LLC
ROLL OFF FOR HOMELESS ENCAMPMENT
1,819.00
106253
08/25/2020
03685
TUBMAN
CHARITABLE GAMBLING
1,250.00
106254
08/25/2020
05327
ZAYO GROUP LLC
FIBER OPTIC LOCATE SRVS - 2020
2,188.41
964.128.23
36 Checks
in this report.
Packet Page Number 10 of 292
Settlement
Date Payee
8/17/2020
8/18/2020
8/19/2020
8/20/2020
8/21/2020
8/21/2020
8/18/2020
8/21/2020
8/21/2020
8/21/2020
8/21/2020
8/21/2020
8/21/2020
8/21/2020
8/21/2020
8/21/2020
8/21/2020
8/21/2020
8/21/2020
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
MN State Treasurer
MN State Treasurer
MN State Treasurer
MN State Treasurer
MN State Treasurer
US Bank VISA One Card*
Delta Dental
Delta Dental
Optum Health
MN Dept of Revenue
MN Dept of Revenue
P.E.R.A.
U.S. Treasurer
ICMA (Vantagepointe)
Labor Unions
MidAmerica - ING
MN State Treasurer
ICMA (Vantagepointe)
MN Dept of Natural Resources
Description
Drivers License/Deputy Registrar
Drivers License/Deputy Registrar
Drivers License/Deputy Registrar
Drivers License/Deputy Registrar
Drivers License/Deputy Registrar
Purchasing card items
Dental Premium
Dental Premium
DCRP & Flex plan payments
Fuel Tax
Sales Tax
P.E.R.A.
Federal Payroll Tax
Deferred Compensation
Union Dues
HRA Flex plan
State Payroll Tax
Retiree Health Savings
DNR electronic licenses
*Detailed listing of VISA purchases is attached.
G1, Attachments
Omni int
31,816.24
32,121.48
91,791.96
58,765.96
57,437.76
38,850.73
2,112.63
925.00
2,490.82
379.62
149.00
130,188.28
108,304.19
7,933.00
3,857.34
22,664.56
24,917.57
1,740.00
1,080.87
617,527.01
Packet Page Number 11 of 292
G1, Attachments
Transaction Date
Posting Date
Merchant Name
Transaction Amount
Name
07/31/2020
08/03/2020
OFFICE DEPOT #1090
$39.86
REGAN BEGGS
07/31/2020
08/03/2020
OFFICE DEPOT#1090
$11.99
REGAN BEGGS
08/03/2020
08/04/2020
SECRETARY OF STATE
$120.00
REGAN BEGGS
08/07/2020
08/10/2020
CUB FOODS #1599
$62.86
REGAN BEGGS
08/12/2020
08/12/2020
PANERA BREAD #601305 O
$101.09
REGAN BEGGS
08/12/2020
08/13/2020
AMAZON. COM *MF85A6KK2 AMZN
$199.00
BRIAN BIERDEMAN
07/31/2020
08/03/2020
SITEONE LANDSCAPE SUPPLY,
$195.54
TROY BRINK
08/07/2020
08/10/2020
SITEONE LANDSCAPE SUPPLY,
$97.77
TROY BRINK
08/07/2020
08/10/2020
SITEONE LANDSCAPE SUPPLY,
$14.27
TROY BRINK
08/09/2020
08/11/2020
HOMEDEPOT.COM
$18.16
NATHAN BURLINGAME
08/03/2020
08/05/2020
THE HOME DEPOT #2801
$5.98
SCOTT CHRISTENSON
08/04/2020
08/05/2020
CINTAS CORP
$21.89
SCOTT CHRISTENSON
08/05/2020
08/06/2020
CINTAS CORP
$93.30
SCOTT CHRISTENSON
08/12/2020
08/13/2020
CINTAS CORP
$112.50
SCOTT CHRISTENSON
08/12/2020
08/14/2020
MENARDS OAKDALE MN
$2.82
SCOTT CHRISTENSON
08/13/2020
08/14/2020
VIKING ELECTRIC -DIST CTR
$508.20
SCOTT CHRISTENSON
08/06/2020
08/07/2020
INTERNATION
$199.00
MELINDA COLEMAN
08/12/2020
08/13/2020
AMZN MKTP US
($81.54)
SHAWN CONWAY
07/31/2020
08/03/2020
GALLS
$31.72
KERRY CROTTY
08/04/2020
08/05/2020
GALLS
$7.93
KERRY CROTTY
08/06/2020
08/07/2020
GALLS
$24.50
KERRY CROTTY
08/11/2020
08/12/2020
GALLS
$24.50
KERRY CROTTY
08/12/2020
08/13/2020
CUB FOODS #1599
$30.62
KERRY CROTTY
08/06/2020
08/10/2020
THE HOME DEPOT #2801
$17.96
TOM DOUGLASS
08/03/2020
08/04/2020
WINNICK SUPPLY
$444.69
DOUG EDGE
08/04/2020
08/06/2020
THE HOME DEPOT #2801
$61.89
DOUG EDGE
08/03/2020
08/04/2020
FASTENAL COMPANY 01 MNT11
$162.07
ANDREW ENGSTROM
08/01/2020
08/03/2020
CINTAS CORP
$49.99
CASSIE FISHER
08/07/2020
08/10/2020
LANGUAGE LINE
$129.83
CASSIE FISHER
08/08/2020
08/10/2020
CINTAS CORP
$49.99
CASSIE FISHER
08/13/2020
08/13/2020
PANERA BREAD #601305 O
$213.93
CASSIE FISHER
07/31/2020
08/03/2020
INNOVYZE INC
$915.00
MYCHAL FOWLDS
07/31/2020
08/03/2020
CAN*CANONFINANCIAL CFS
$1,270.57
MYCHAL FOWLDS
07/31/2020
08/03/2020
CAN*CANONFINANCIAL CFS
$316.84
MYCHAL FOWLDS
07/31/2020
08/03/2020
CAN*CANONFINANCIAL CFS
$331.57
MYCHAL FOWLDS
07/31/2020
08/03/2020
CAN*CANONFINANCIAL CFS
$316.84
MYCHAL FOWLDS
08/01/2020
08/03/2020
LOFFLER COMPANIES, INC
$132.00
MYCHAL FOWLDS
08/06/2020
08/07/2020
VZWRLSS*APOCC VISB
$7,745.33
MYCHAL FOWLDS
08/07/2020
08/10/2020
VISION33 INC
$4,260.00
MYCHAL FOWLDS
08/08/2020
08/10/2020
SMK*SURVEYMONKEY.COM
$1,080.00
MYCHAL FOWLDS
08/10/2020
08/11/2020
AT&T*BILL PAYMENT
$31.25
MYCHAL FOWLDS
08/12/2020
08/13/2020
ALLSTREAM
$300.59
MYCHAL FOWLDS
08/12/2020
08/13/2020
CITY OF MAPLEWOOD
$1.50
MYCHAL FOWLDS
08/12/2020
08/13/2020
CITY OF MAPLEWOOD
$1.00
MYCHAL FOWLDS
08/13/2020
08/13/2020
LOFFLER COMPANIES, INC
$1,202.67
MYCHAL FOWLDS
08/03/2020
08/03/2020
AMZN MKTP US*MF3R48NLO
$15.99
NICK FRANZEN
08/05/2020
08/06/2020
AMZN MKTP US*MF4DJ9TT2
$249.99
NICK FRANZEN
08/05/2020
08/06/2020
AMAZON. COM*M F51 C9TZ2
$49.79
NICK FRANZEN
08/06/2020
08/07/2020
AMZN MKTP US*MF8HBOER2
$25.99
NICK FRANZEN
08/12/2020
08/12/2020
APPLE.COM/US
$279.00
NICK FRANZEN
08/13/2020
08/14/2020
IDU*INSIGHT PUBLIC SEC
$241.78
NICK FRANZEN
07/30/2020
08/03/2020
VIKING INDUSTRIAL CENTER
$220.34
MARK HAAG
08/05/2020
08/06/2020
ESCH CONSTRUCTION SU
$698.00
MARK HAAG
07/31/2020
08/03/2020
NORTHERN TOOL+EQUIP
$249.00
TAMARA HAYS
08/11/2020
08/13/2020
NORTHERN TOOL+EQUIP
$87.98
TAMARA HAYS
08/06/2020
08/06/2020
TARGET.COM *
$39.68
LINDSAY HERZOG
Packet Page Number 12 of 292
G1, Attachments
08/04/2020
08/05/2020
HARBOR FREIGHT TOOLS 612
$27.82
DAVID JAHN
08/06/2020
08/07/2020
AMZN MKTP US*MF5SNOOE2 AM
$37.90
DAVID JAHN
08/10/2020
08/12/2020
OFFICE DEPOT #1090
$58.98
MEGHAN JANASZAK
08/05/2020
08/06/2020
CVS/PHARMACY #01751
$2.99
LOIS KNUTSON
08/05/2020
08/06/2020
SHRED -IT USA LLC
$68.04
LOIS KNUTSON
08/05/2020
08/07/2020
OFFICE DEPOT #1090
$57.16
LOIS KNUTSON
07/31/2020
08/03/2020
BLUERIBBON BAIT& TACKLE
$35.99
ERIC KUBAT
08/08/2020
08/10/2020
BEST BUY MHT 00000109
$40.80
ERIC KUBAT
08/13/2020
08/14/2020
FEDEX 940504967932
$11.27
ERIC KUBAT
08/05/2020
08/06/2020
PEAVEY CORP.
$142.35
JASON KUCHENMEISTER
08/12/2020
08/14/2020
MENARDS MAPLEWOOD MN
$60.75
JASON KUCHENMEISTER
08/01/2020
08/03/2020
INT'L CODE COUNCIL INC
$156.77
STEVE LUKIN
08/01/2020
08/03/2020
AIRGAS USA, LLC
$71.90
STEVE LUKIN
08/01/2020
08/03/2020
AIRGAS USA, LLC
$93.08
STEVE LUKIN
08/03/2020
08/03/2020
COMCAST CABLE COMM
$2.25
STEVE LUKIN
08/03/2020
08/04/2020
ASPEN MILLS
($240.80)
STEVE LUKIN
08/03/2020
08/04/2020
ASPEN MILLS
($93.70)
STEVE LUKIN
08/05/2020
08/06/2020
ASPEN MILLS
$1,160.30
STEVE LUKIN
08/05/2020
08/07/2020
MOTEL 6 #4968
($17.24)
STEVE LUKIN
08/05/2020
08/07/2020
MOTEL 6 #4968
($17.24)
STEVE LUKIN
08/05/2020
08/07/2020
MOTEL 6 #4968
($22.99)
STEVE LUKIN
08/05/2020
08/07/2020
MOTEL 6 #4968
($18.37)
STEVE LUKIN
08/06/2020
08/06/2020
AIRGAS USA, LLC
$250.94
STEVE LUKIN
08/07/2020
08/10/2020
MENARDS MAPLEWOOD MN
$72.99
STEVE LUKIN
08/11/2020
08/13/2020
NM CLEAN 1
$17.00
STEVE LUKIN
08/13/2020
08/14/2020
SMITH WARREN CO
$250.00
STEVE LUKIN
07/30/2020
08/03/2020
KWIK TRIP 41500004150
$52.73
MICHAEL MONDOR
07/31/2020
08/03/2020
CINTAS CORP
$73.95
BRYAN NAGEL
08/06/2020
08/10/2020
SAFE-FAST(MW)
$354.50
BRYAN NAGEL
08/13/2020
08/14/2020
AMAZON. COM*MF1OC49V2
$257.59
BRYAN NAGEL
08/12/2020
08/14/2020
MENARDS OAKDALE MN
$69.93
JOHN NAUGHTON
08/05/2020
08/06/2020
AMAZON. COM*MF8DD7T42 AMZN
$66.89
MICHAEL NYE
08/05/2020
08/06/2020
AMZN MKTP US*MF6RL7ELO AM
$171.21
MICHAEL NYE
08/07/2020
08/10/2020
IN *LRG TECHNOLOGIES INC
$111.00
MICHAEL NYE
08/09/2020
08/10/2020
AMAZON.COM*MF03E5HA2 AMZN
$32.38
MICHAEL NYE
08/04/2020
08/06/2020
IN *ROCK GARDENS INC
$102.78
ERICK OSWALD
08/01/2020
08/03/2020
BOUND TREE MEDICAL LLC
$283.57
KENNETH POWERS
08/11/2020
08/12/2020
LIFE ASSIST INC
$61.50
KENNETH POWERS
08/11/2020
08/12/2020
LIFE ASSIST INC
$98.40
KENNETH POWERS
08/11/2020
08/12/2020
LIFE ASSIST INC
$97.50
KENNETH POWERS
08/12/2020
08/14/2020
BOUND TREE MEDICAL LLC
$212.19
KENNETH POWERS
07/31/2020
08/03/2020
TRI-STATE BOBCAT
$35.44
STEVEN PRIEM
08/03/2020
08/04/2020
POMP S TIRE #021
$120.16
STEVEN PRIEM
08/03/2020
08/05/2020
ZIEGLER INC COLUMBUS
$370.60
STEVEN PRIEM
08/04/2020
08/05/2020
POMP S TIRE #021
$638.64
STEVEN PRIEM
08/04/2020
08/05/2020
WALSER POLAR CHEVROLET
$679.09
STEVEN PRIEM
08/05/2020
08/06/2020
FACTORY MTR PTS #19
$197.50
STEVEN PRIEM
08/05/2020
08/06/2020
0391-AUTOPLUS
$95.97
STEVEN PRIEM
08/05/2020
08/06/2020
TRI-STATE BOBCAT
$239.77
STEVEN PRIEM
08/06/2020
08/07/2020
TURFWERKS - DAVIS EQUIP
$715.63
STEVEN PRIEM
08/07/2020
08/10/2020
FACTORY MTR PTS #19
$18.69
STEVEN PRIEM
08/07/2020
08/10/2020
EMERGENCY AUTO TECH
$233.74
STEVEN PRIEM
08/10/2020
08/11/2020
POMP S TIRE #021
$238.35
STEVEN PRIEM
08/10/2020
08/11/2020
0391-AUTOPLUS
$10.58
STEVEN PRIEM
08/10/2020
08/11/2020
ZAHL-PETROLEUM MAINTEN
$35.10
STEVEN PRIEM
08/10/2020
08/11/2020
TRI-STATE BOBCAT
$740.49
STEVEN PRIEM
08/11/2020
08/12/2020
MACQUEEN EMERGENCY GROUP
$643.46
STEVEN PRIEM
Packet Page Number 13 of 292
G1, Attachments
08/11/2020
08/13/2020
AN FORD WHITE BEAR LAK
$454.41
STEVEN PRIEM
08/13/2020
08/14/2020
0391-AUTOPLUS
$140.16
STEVEN PRIEM
07/31/2020
08/03/2020
THE STAR TRIBUNE ONLINE
$500.00
TERRIE RAMEAUX
08/04/2020
08/06/2020
MINNESOTA OCCUPATIONAL HE
$262.20
TERRIE RAMEAUX
08/12/2020
08/13/2020
AMZN MKTP US*MF9R482J2
$47.25
MICHAEL RENNER
08/04/2020
08/05/2020
AMZN MKTP US*MF6XI33G2
$12.33
AUDRA ROBBINS
08/12/2020
08/13/2020
CINTAS CORP
$56.55
AUDRA ROBBINS
08/01/2020
08/03/2020
DLX FOR SMALLBUSINESS
$449.03
JOSEPH RUEB
07/31/2020
08/03/2020
INTERNATION
$199.00
MIKE SABLE
08/06/2020
08/10/2020
THE HOME DEPOT #2801
$5.90
JASON SAKRY
08/03/2020
08/05/2020
MENARDS OAKDALE MN
$91.88
DEB SCHMIDT
08/11/2020
08/12/2020
CHILIS 1748 ECOMM
$70.06
DEB SCHMIDT
08/05/2020
08/06/2020
CINTAS CORP
$93.55
SCOTT SCHULTZ
08/05/2020
08/06/2020
CINTAS CORP
$18.51
SCOTT SCHULTZ
08/05/2020
08/06/2020
CINTAS CORP
$19.04
SCOTT SCHULTZ
08/05/2020
08/06/2020
CINTAS CORP
$55.42
SCOTT SCHULTZ
08/07/2020
08/10/2020
ON SITE SANITATION INC
$31.29
SCOTT SCHULTZ
08/08/2020
08/10/2020
CINTAS CORP
$195.80
SCOTT SCHULTZ
08/08/2020
08/10/2020
CINTAS CORP
$57.50
SCOTT SCHULTZ
08/10/2020
08/12/2020
ON SITE SANITATION INC
$2,034.50
SCOTT SCHULTZ
08/12/2020
08/13/2020
CINTAS CORP
$149.81
SCOTT SCHULTZ
08/12/2020
08/13/2020
CINTAS CORP
$39.10
SCOTT SCHULTZ
08/12/2020
08/13/2020
CINTAS CORP
$19.04
SCOTT SCHULTZ
08/12/2020
08/13/2020
CINTAS CORP
$18.51
SCOTT SCHULTZ
08/12/2020
08/13/2020
AMZN MKTP US*MF2892ST2
$47.22
JOE SHEERAN
08/07/2020
08/10/2020
DMR SUPPLIES
$243.92
MICHAEL SHORTREED
08/10/2020
08/12/2020
SUN BADGE COMPANY
$206.50
MICHAEL SHORTREED
08/12/2020
08/13/2020
EMERGENCY AUTO TECH
$630.00
MICHAEL SHORTREED
08/03/2020
08/05/2020
BOUND TREE MEDICAL LLC
$398.97
ERIC ZAPPA
$38,850.73
Packet Page Number 14 of 292
Check Register
City of Maplewood
08/27/2020
G1, Attachments
Check
Date
Vendor
Description
Amount
106255
09/01/2020
05114
BOLTON & MENK, INC.
GENERAL GIS ASSISTANCE
1,485.00
106256
09/01/2020
00519
FLEXIBLE PIPE TOOL CO.
PARTS & LABOR REPAIR CCTV CAMERA
1,077.75
106257
09/01/2020
06084
LINCOLN FINANCIAL GROUP
MONTHLY PREMIUM -AUGUST
8,510.55
106258
09/01/2020
05944
MIDAMERICA ADMINISTRATIVE &
ADMIN FEES -HRA DEBIT CARD -2ND QTR
2,460.00
106259
09/01/2020
01202
NYSTROM PUBLISHING CO INC
MAPLEWOOD LIVING - AUGUST
7,382.71
106260
09/01/2020
05670
PETERSON COUNSELING/CONSULTING
HEALTH CHECK IN'S 08/13 - 08/26
730.00
106261
09/01/2020
01409
SEH
NEW FIRE STATION
17,997.47
106262
09/01/2020
04845
TENNIS SANITATION LLC
RECYCLING FEE - JULY
62,556.00
106263
09/01/2020
04192
TRANS -MEDIC
EMS BILLING - JULY
7,167.65
106264
09/01/2020
02880
ZAHL PETROLEUM MAINTENANCE CO
WEATHERSHIELD REPLACE -FUEL ISLAND
280.00
106265
09/01/2020
00100
ANCOM COMMUNICATIONS INC
RADIO MAINTENANCE
3,075.00
09/01/2020
00100
ANCOM COMMUNICATIONS INC
RADIO UPDATES
2,245.00
106266
09/01/2020
06159
ASAP DOOR COMPANY, INC
REPAIR POWER GATE EMTC
125.00
106267
09/01/2020
04848
AVESIS
MONTHLY PREMIUM - SEPTEMBER
364.69
106268
09/01/2020
06044
CARDINAL INVESTIGATIONS
EMPLOYMENT BACKGROUND CHECK
810.00
106269
09/01/2020
05823
CENTURYLINK
ANALOG LINE FOR POLICE FAX MACHINE
170.33
106270
09/01/2020
05786
COLONIAL LIFE PROCESSING CTR
MONTHLY PREMIUM BCN:E4677316-JUL
300.70
09/01/2020
05786
COLONIAL LIFE PROCESSING CTR
MONTHLY PREMIUM BCN:E4677316-AUG
300.70
106271
09/01/2020
05626
ROBERT C. DAHM
SPEAKER ORGANIC GARDENS-WEBINAR
75.00
106272
09/01/2020
04371
ELECTRO WATCHMAN INC.
SERVICE REPAIRS WAKEFIELD BLDG
928.71
09/01/2020
04371
ELECTRO WATCHMAN INC.
SERVICE REPAIRS FS2
595.73
106273
09/01/2020
04067
ESCAPE FIRE
SPRINKLER INSPECTION WAKEFIELD
395.00
106274
09/01/2020
00531
FRA -DOR INC.
BLACK DIRT - LARK STORM SEWER
170.00
106275
09/01/2020
00755
JEFFERSON FIRE & SAFETY INC
FAX BATTERIES
789.40
106276
09/01/2020
02137
KENNEDY & GRAVEN CHARTERED
ATTORNEY FEES - JULY
17,030.00
106277
09/01/2020
00393
MN DEPT OF LABOR & INDUSTRY
ELEVATOR INSPECTION MCC
100.00
106278
09/01/2020
05425
_HB INC.
PROJ 20-06 BLDG 1902 RE -ROOF
2,075.00
106279
09/01/2020
00917
MACQUEEN EQUIPMENT INC
BATTERY CALLS FOR L325
643.46
106280
09/01/2020
03818
MEDICA
MONTHLY PREMIUM - SEPTEMBER
161,508.14
106281
09/01/2020
05838
MINNESOTA BENEFIT ASSOCIATION
MONTHLY PREMIUM
256.26
106282
09/01/2020
05804
NM CLEAN 1, LLC
VEHICLE WASHES - JULY
12.99
106283
09/01/2020
04092
NORTHWEST ASPHALT, INC.
PROJ 19-11 SCHALLER PAVEMENT PMT#2
399,236.46
106284
09/01/2020
00001
ONE TIME VENDOR
REFUND A HUCKBODY - SOCCER
65.00
106285
09/01/2020
00001
ONE TIME VENDOR
REFUND ROBBS ELECT - PERMIT
33.00
106286
09/01/2020
05103
PERFORMANCE PLUS LLC
MEDICAL EXAM/RESPIRATOR QUALIFI...
3,151.00
09/01/2020
05103
PERFORMANCE PLUS LLC
MEDICAL EXAM
105.00
106287
09/01/2020
05354
POLLINATION PRESS LLC
SPEAKER -BUMBLEBEE LIFE WEBINAR
250.00
106288
09/01/2020
01340
REGIONS HOSPITAL
EMS SUPPLIES & COVID SUPPLIES
2,029.23
106289
09/01/2020
04256
SHI INTERNATIONAL CORP
26 HP ELITEDESK 800 G5'S
22,179.19
106290
09/01/2020
04207
STRYKER SALES CORP.
COMMUNITY PARAMEDIC SOFTWARE-JUL
882.00
106291
09/01/2020
05931
TRUGREEN PROCESSING CENTER
LAWN SERVICE STATION 2 & 3
331.79
106292
09/01/2020
01669
TWIN CITIES TRANSPORT &
TOW CARS USED FOR TRAINING
400.00
106293
09/01/2020
05291
VEIT & COMPANY, INC.
PROJ 19-10 DENNIS/MCCLELLAND PMT#2
2,231,230.68
09/01/2020
05291
VEIT & COMPANY, INC.
PROJ 16-18 GLADSTONE CORRIDOR IMP
108,941.44
106294
09/01/2020
06158
WENCK RESPONSE
REMOVE WATER - DIESEL FUEL TANK
1,444.25
106295
09/01/2020
01876
WHAT WORKS INC
CONSULTANT FEES FOR SMT SESSIONS
2,080.00
3.073.977.28
41 Checks in this report.
Packet Page Number 15 of 292
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Settlement
Date Payee
8/24/2020
MN State Treasurer
8/24/2020
Delta Dental
8/24/2020
Optum Health
8/24/2020
Empower - State Plan
8/25/2020
MN State Treasurer
8/26/2020
MN State Treasurer
8/27/2020
MN State Treasurer
8/28/2020
MN State Treasurer
8/28/2020
MN Dept of Natural Resources
Packet Page Number 16 of 292
Description
Drivers License/Deputy Registrar
Dental Premium
DCRP & Flex plan payments
Deferred Compensation
Drivers License/Deputy Registrar
Drivers License/Deputy Registrar
Drivers License/Deputy Registrar
Drivers License/Deputy Registrar
DNR electronic licenses
G1, Attachments
Omni int
77,038.51
1,836.96
454.81
28,743.00
42,389.07
47,047.13
93,497.57
39,812.18
461.58
331,280.81
Check Register
City of Maplewood
09/03/2020
G1, Attachments
Check
Date
Vendor
Description
Amount
106296
09/08/2020
05114
BOLTON & MENK, INC.
PROJ 19-22 CO RD B & ARCADE
41,482.50
09/08/2020
05114
BOLTON & MENK, INC.
SRVS FOR SEPTIC SYS 2660 LINWOOD E
1,255.90
106297
09/08/2020
00526
FOREST LAKE CONTRACTING INC
REPAIR TRAFFIC LOOP-ROSELAWN/RICE
3,700.00
106298
09/08/2020
02728
KIM LEY -HORN & ASSOCIATES INC
PROJ 19-10 MCCLELLAND ST IMPROV
622.76
106299
09/08/2020
05944
MIDAMERICA ADMINISTRATIVE &
ADMIN FEES -HRA DEBIT CARD -1ST QTR
2,475.00
106300
09/08/2020
01886
ROSENBAUER MINNESOTA, LLC
WORK FOR NEW 2020 FIRE TRUCK
4,435.00
106301
09/08/2020
01190
XCEL ENERGY
ELECTRIC UTILITY
13,352.57
09/08/2020
01190
XCEL ENERGY
ELECTRIC UTILITY
1,227.37
09/08/2020
01190
XCEL ENERGY
ELECTRIC UTILITY
477.44
09/08/2020
01190
XCEL ENERGY
GAS UTILITY
39.74
09/08/2020
01190
XCEL ENERGY
GAS UTILITY
39.74
09/08/2020
01190
XCEL ENERGY
ELECTRIC UTILITY
18.27
106302
09/08/2020
02880
ZAHL PETROLEUM MAINTENANCE CO
REPAIR GASOLINE FUEL PUMPS
465.50
106303
09/08/2020
03437
ARTHUR J GALLAGHER RISK
INSURANCE AGENT FEE 20-21
16,000.00
106304
09/08/2020
00221
BROCK WHITE COMPANY, LLC.
CRACK SEALING MATERIALS
5,619.00
106305
09/08/2020
00271
CARTEGRAPH SYSTEMS INC
ASSET MGMT SOFTWARE - MAINT FEES
50,376.56
106306
09/08/2020
06030
CENTENNIAL FLOORING
CARPET/FLOORING INSTALL PD 327/325
2,415.00
106307
09/08/2020
05283
EMERGENCY RESPONSE SOLUTIONS
WATER/ICE SUITS
2,214.70
106308
09/08/2020
00671
HIRSHFIELD'S
TOTE OF ATHLETIC FIELD MARKING PAINT
1,587.60
106309
09/08/2020
04152
ISD 622 COMMUNITY EDUCATION
FINAL PMT USAGE CARVER COMM GYM
15,000.00
106310
09/08/2020
06104
LEGACY SORBENTS LLC
FLOOR DRY
85.00
106311
09/08/2020
01126
NCPERS GROUP LIFE INS. MN
MONTHLY PREMIUM - SEPTEMBER
496.00
106312
09/08/2020
04507
NORTHERN TECHNOLOGIES, LLC
PROJ 19-11 SCHALLER AREA PAVEMENT
6,851.00
09/08/2020
04507
NORTHERN TECHNOLOGIES, LLC
PROJ 19-10 DENNIS-MCCLELLAND AREA
6,840.00
106313
09/08/2020
00001
ONE TIME VENDOR
REFUND A SHARP - TRANS MEDIC
1,785.00
106314
09/08/2020
00001
ONE TIME VENDOR
REFUND K SIEBENALER - TRANS MEDIC
211.31
106315
09/08/2020
00001
ONE TIME VENDOR
REFUND S KRIZAN MATERIALS AFTON 6
101.94
106316
09/08/2020
00001
ONE TIME VENDOR
REFUND K COCHRANE-PICNIC SHELTER
75.00
106317
09/08/2020
03614
PLAZA TV & APPL INC
REPAIR STATION 1 REFRIDGERATION
120.00
106318
09/08/2020
05167
PYROTECHNIC DISPLAY, INC.
CANCELL FEE 4TH OF JULY FIREWORKS
825.00
106319
09/08/2020
06014
RENDER FORESTRY CONSULTING
TREE INSPECTION SRVS - AUGUST
1,316.36
106320
09/08/2020
05939
SHERMAN ASSOCIATES, INC
TIF PMT - 1ST HALF 2020 - PHASE 2
87,038.69
09/08/2020
05939
SHERMAN ASSOCIATES, INC
TIF PMT - 1ST HALF 2020 - PHASE 1
57,836.43
106321
09/08/2020
00198
ST PAUL REGIONAL WATER SRVS
WATER UTILITY
4,129.66
106322
09/08/2020
01836
ST PAUL, CITY OF
STREET LIGHT LOCATES
125.00
106323
09/08/2020
06076
TENVOORDE FORD, INC.
FORD HYBRID UTILITY SQUAD V#3231
35,868.56
09/08/2020
06076
TENVOORDE FORD, INC.
FORD HYBRID UTILITY SQUAD V#3232
35,868.56
09/08/2020
06076
TENVOORDE FORD, INC.
FORD HYBRID UTILITY SQUAD V#3233
35,868.56
106324
09/08/2020
06036
TREE TRUST
2020 MAPLEWOOD TREE DISTRIBUTION
14,759.50
106325
09/08/2020
05815
UNIVERSAL ATHLETIC SERVICE INC
SOCCER EQUIPMENT
3,520.00
09/08/2020
05815
UNIVERSAL ATHLETIC SERVICE INC
SOCCER EQUIPMENT
739.95
106326
09/08/2020
06123
VALLEY PAVING, INC.
PROJ 19-22 CO RD B & ARCADE PMT#4
436,849.75
894.115.92
31 Checks
in this report.
Packet Page Number 17 of 292
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Settlement
Date Payee
8/31/2020
MN State Treasurer
8/31/2020
Delta Dental
9/1/2020
MN State Treasurer
9/2/2020
MN State Treasurer
9/3/2020
MN State Treasurer
9/4/2020
MN State Treasurer
9/4/2020
Optum Health
9/4/2020
US Bank VISA One Card*
9/4/2020
P.E.R.A.
9/4/2020
U.S. Treasurer
9/4/2020
ICMA (Vantagepointe)
9/4/2020
Labor Unions
9/4/2020
MidAmerica - ING
9/4/2020
MN State Treasurer
9/4/2020
MN Dept of Natural Resources
Description
Drivers License/Deputy Registrar
Dental Premium
Drivers License/Deputy Registrar
Drivers License/Deputy Registrar
Drivers License/Deputy Registrar
Drivers License/Deputy Registrar
DCRP & Flex plan payments
Purchasing card items
P.E.R.A.
Federal Payroll Tax
Deferred Compensation
Union Dues
HRA Flex plan
State Payroll Tax
DNR electronic licenses
*Detailed listing of VISA purchases is attached.
Packet Page Number 18 of 292
G1, Attachments
Omni int
33,758.40
1,857.12
9,791.43
81,062.38
59,812.47
65,357.38
245.39
57,218.42
132,152.02
107,391.33
7,807.00
2,976.03
15,435.45
24,825.91
607.24
600,297.97
Transaction Date Posting Date Merchant Name
08/13/2020
08/17/2020
OFFICE DEPOT #1090
08/21/2020
08/24/2020
VERITIV-EAST
08/21/2020
08/24/2020
VERITIV-EAST
08/21/2020
08/24/2020
VERITIV-EAST
08/21/2020
08/24/2020
VERITIV-EAST
08/26/2020
08/28/2020
OFFICE DEPOT #1090
08/25/2020
08/26/2020
VIMEO PRO
08/16/2020
08/17/2020
UA.COM*888-727-6687 MD
08/21/2020
08/24/2020
MENARDS MAPLEWOOD MN
08/17/2020
08/18/2020
GRAPHIC DESIGN INC
08/24/2020
08/25/2020
BCA TRAINING EDUCATION
08/24/2020
08/25/2020
BCA TRAINING EDUCATION
08/24/2020
08/25/2020
OVERHEAD DOOR COMPANY OF
08/19/2020
08/20/2020
AMZN MKTP US*MM6VR8ES2
08/26/2020
08/27/2020
AMZN MKTP US*MM4UJ37K2
08/17/2020
08/18/2020
IN *ENVUE TELEMATICS LLC
08/19/2020
08/21/2020
THE HOME DEPOT #2801
08/17/2020
08/19/2020
ACTION TARGETS
08/22/2020
08/24/2020
MINNESOTA STATE COLLEGES
08/23/2020
08/25/2020
THE HOME DEPOT #2801
08/18/2020
08/19/2020
MIKES LP GAS INC
08/19/2020
08/20/2020
MIKES LP GAS INC
08/24/2020
08/25/2020
MIKES LP GAS INC
08/25/2020
08/26/2020
MIKES LP GAS INC
08/15/2020
08/17/2020
CINTAS CORP
08/26/2020
08/27/2020
THOMSON WEST*TCD
08/17/2020
08/17/2020
COMCAST CABLE COMM
08/18/2020
08/19/2020
ZOOM.US
08/18/2020
08/19/2020
CAN*CANONFINANCIAL CFS
08/18/2020
08/19/2020
CAN*CANONFINANCIAL CFS
08/18/2020
08/19/2020
CAN*CANONFINANCIAL CFS
08/19/2020
08/20/2020
WEB*NETWORKSOLUT IONS
08/21/2020
08/24/2020
U.S.INTERNET CORP
08/23/2020
08/24/2020
COMCAST CABLE COMM
08/24/2020
08/25/2020
AJ TEK CORPORATION
08/22/2020
08/24/2020
APPLE.COM/US
08/20/2020
08/21/2020
AMZN MKTP US*MMOK61Q81
08/26/2020
08/28/2020
THE HOME DEPOT #2801
08/18/2020
08/19/2020
NAPA STORE 3279016
08/18/2020
08/20/2020
THE HOME DEPOT #2801
08/19/2020
08/20/2020
LTG POWER EQUIPMENT
08/18/2020
08/19/2020
SQ *DAVIS LOCK AND SAFE
08/19/2020
08/21/2020
THE HOME DEPOT #2801
08/19/2020
08/19/2020
STANLEY STEEMER #90R
08/19/2020
08/19/2020
STANLEY STEEMER #90R
08/19/2020
08/19/2020
STANLEY STEEMER #90R
08/22/2020
08/24/2020
MENARDS MAPLEWOOD MN
08/18/2020
08/19/2020
TARGET 00011858
08/20/2020
08/21/2020
PEAVEY CORP.
08/25/2020
08/25/2020
ULINE *SHIP SUPPLIES
08/18/2020
08/19/2020
OFFICE DEPOT #1090
08/19/2020
08/20/2020
OFFICEMAX/OFFICEDEPT#6874
08/21/2020
08/24/2020
DALCO ENTERPRISES
08/14/2020
08/17/2020
ORIGINAL MATTRESS
08/20/2020
08/20/2020
AIRGAS USA, LLC
08/25/2020
08/26/2020
BEST BUY MHT 00000109
Transaction Amount
$81.83
$257.40
$386.10
$64.35
$836.55
$57.64
$240.00
$37.57
$47.97
$241.02
$250.00
$250.00
$277.15
$79.99
$57.04
$520.00
$14.40
$86.88
$750.00
$12.12
$13.50
$27.20
$20.40
$110.75
$49.99
$587.60
$4.50
$505.58
$1,270.57
$316.84
$331.57
$5.99
$394.00
$144.71
$60.00
$119.00
$64.08
$27.88
$51.48
$73.28
$659.98
$199.98
$43.62
$390.00
$777.00
$1,091.00
$24.90
$10.99
$174.60
$158.33
$194.79
$19.22
$477.45
$652.16
$205.70
$214.74
G1, Attachments
Name
REGAN BEGGS
REGAN BEGGS
REGAN BEGGS
REGAN BEGGS
REGAN BEGGS
REGAN BEGGS
CHAD BERGO
BRIAN BIERDEMAN
TROY BRINK
DANIEL BUSACK
DANIEL BUSACK
DANIEL BUSACK
SCOTT CHRISTENSON
SHAWN CONWAY
SHAWN CONWAY
KERRY CROTTY
TOM DOUGLASS
MICHAEL DUGAS
MICHAEL DUGAS
MICHAEL DUGAS
DOUG EDGE
DOUG EDGE
DOUG EDGE
DOUG EDGE
CASSIE FISHER
CASSIE FISHER
MYCHAL FOWLDS
MYCHAL FOWLDS
MYCHAL FOWLDS
MYCHAL FOWLDS
MYCHAL FOWLDS
MYCHAL FOWLDS
MYCHAL FOWLDS
MYCHAL FOWLDS
MYCHAL FOWLDS
NICK FRANZEN
ALEX GERONSIN
TAMARA HAYS
GARY HINNENKAMP
GARY HINNENKAMP
GARY HINNENKAMP
DAVID JAHN
DAVID JAHN
ERIC KUBAT
ERIC KUBAT
ERIC KUBAT
ERIC KUBAT
JASON KUCHENMEISTER
JASON KUCHENMEISTER
JASON KUCHENMEISTER
CHING LO
CHING LO
CHING LO
STEVE LUKIN
STEVE LUKIN
STEVE LUKIN
Packet Page Number 19 of 292
G1, Attachments
08/27/2020
08/28/2020
PAYPAL *FIREMARSHAL
$40.00
STEVE LUKIN
08/27/2020
08/28/2020
PAYPAL *FIREMARSHAL
$40.00
STEVE LUKIN
08/27/2020
08/28/2020
PAYPAL *FIREMARSHAL
$75.00
STEVE LUKIN
08/17/2020
08/18/2020
AMERICAN PLANNING A
$476.00
MIKE MARTIN
08/18/2020
08/19/2020
NACCME
$5,292.00
MICHAEL MONDOR
08/18/2020
08/19/2020
NACCME
$5,292.00
MICHAEL MONDOR
08/20/2020
08/21/2020
KIDDE FIRE TRAINERS
$276.83
MICHAEL MONDOR
08/20/2020
08/21/2020
MEDICTESTS.COM
$69.00
MICHAEL MONDOR
08/20/2020
08/24/2020
MINNESOTA STATE
$1,414.35
MICHAEL MONDOR
08/14/2020
08/17/2020
CINTAS CORP
$73.95
BRYAN NAGEL
08/14/2020
08/17/2020
NORTHERN TOOL+EQUIP
$191.54
JOHN NAUGHTON
08/27/2020
08/28/2020
GOVERNMENT FINANCE OFFIC
$85.00
ELLEN PAULSETH
08/18/2020
08/19/2020
LIFE ASSIST INC
$115.68
KENNETH POWERS
08/14/2020
08/17/2020
NORTHERN POWER PRODUCTS
$26.99
STEVEN PRIEM
08/17/2020
08/18/2020
TRI-STATE BOBCAT
$2,066.79
STEVEN PRIEM
08/18/2020
08/19/2020
POMP S TIRE #021
$1,480.70
STEVEN PRIEM
08/18/2020
08/19/2020
POMP S TIRE #021
$563.48
STEVEN PRIEM
08/18/2020
08/19/2020
FACTORY MTR PTS #19
$35.32
STEVEN PRIEM
08/18/2020
08/19/2020
FACTORY MTR PTS #19
$35.32
STEVEN PRIEM
08/18/2020
08/19/2020
EMERGENCY AUTO TECH
$74.90
STEVEN PRIEM
08/18/2020
08/19/2020
0391-AUTOPLUS
$210.61
STEVEN PRIEM
08/18/2020
08/19/2020
PIONEER RIM AND WHEEL COM
$61.11
STEVEN PRIEM
08/18/2020
08/20/2020
AN FORD WHITE BEAR LAK
$59.88
STEVEN PRIEM
08/18/2020
08/20/2020
AN FORD WHITE BEAR LAK
$95.00
STEVEN PRIEM
08/19/2020
08/20/2020
AN FORD WHITE BEAR LAK
($140.91)
STEVEN PRIEM
08/19/2020
08/20/2020
0391-AUTOPLUS
$22.48
STEVEN PRIEM
08/19/2020
08/20/2020
BROCK WHITE 425
$174.99
STEVEN PRIEM
08/19/2020
08/20/2020
TRUCK UTILITIES INC ST PA
$233.04
STEVEN PRIEM
08/19/2020
08/21/2020
AN FORD WHITE BEAR LAK
$413.73
STEVEN PRIEM
08/20/2020
08/21/2020
TRI-STATE BOBCAT
$32.48
STEVEN PRIEM
08/21/2020
08/24/2020
POMP S TIRE #021
$2,320.00
STEVEN PRIEM
08/21/2020
08/24/2020
POMP S TIRE #021
$1,044.60
STEVEN PRIEM
08/21/2020
08/24/2020
0391-AUTOPLUS
$421.45
STEVEN PRIEM
08/22/2020
08/24/2020
KIMBALL MIDWEST PAYEEZY
$136.00
STEVEN PRIEM
08/25/2020
08/26/2020
AN FORD WHITE BEAR LAK
($14.87)
STEVEN PRIEM
08/25/2020
08/26/2020
TRI-STATE BOBCAT
($1,876.35)
STEVEN PRIEM
08/25/2020
08/26/2020
RESTORATION AND REPAIR
$225.00
STEVEN PRIEM
08/26/2020
08/27/2020
KATH FUEL
$765.00
STEVEN PRIEM
08/26/2020
08/27/2020
CARPENTERS SMALL ENG
$165.36
STEVEN PRIEM
08/26/2020
08/27/2020
0391-AUTOPLUS
$49.96
STEVEN PRIEM
08/26/2020
08/27/2020
TRI-STATE BOBCAT
$51.39
STEVEN PRIEM
08/26/2020
08/28/2020
METRO PRODUCTS INC
$115.52
STEVEN PRIEM
08/27/2020
08/28/2020
0391-AUTOPLUS
$231.33
STEVEN PRIEM
08/27/2020
08/28/2020
0391-AUTOPLUS
$155.95
STEVEN PRIEM
08/18/2020
08/19/2020
PIONEER PRESS ADV
$3,930.00
TERRIE RAMEAUX
08/18/2020
08/19/2020
ANCOM COMMUNICATIONS INC
$4,011.70
MICHAEL RENNER
08/27/2020
08/28/2020
AMZN MKTP US*MM1VU1890
$48.31
MICHAEL RENNER
08/14/2020
08/17/2020
ELGL NETWORK
$40.00
MIKE SABLE
08/14/2020
08/17/2020
TRUGREEN LP *5635
$3,994.78
SCOTT SCHULTZ
08/14/2020
08/17/2020
ON SITE SANITATION INC
$103.50
SCOTT SCHULTZ
08/19/2020
08/21/2020
ON SITE SANITATION INC
$22.00
SCOTT SCHULTZ
08/26/2020
08/28/2020
ON SITE SANITATION INC
$22.00
SCOTT SCHULTZ
08/24/2020
08/25/2020
FACEBK UF9J7VJBC2
$35.00
JOE SHEERAN
08/14/2020
08/17/2020
BLINDS.COM #2150
$403.82
MICHAEL SHORTREED
08/17/2020
08/18/2020
RADCO-OAKDALE
$1,147.15
MICHAEL SHORTREED
08/18/2020
08/19/2020
SCSU DRIVING RANGE
$330.00
MICHAEL SHORTREED
08/18/2020
08/19/2020
EMERGENCY AUTO TECH
$180.00
MICHAEL SHORTREED
Packet Page Number 20 of 292
08/18/2020
08/19/2020
EMERGENCY AUTO TECH
$180.00
08/19/2020
08/20/2020
SCSU DRIVING RANGE
$825.00
08/19/2020
08/21/2020
SUBURBAN AUTO BODY
$192.04
08/20/2020
08/21/2020
EMERGENCY AUTO TECH
$2,136.25
08/20/2020
08/21/2020
BESTBUYCOM806284603116
$193.26
08/20/2020
08/24/2020
KUNO SERVICES LLC
$225.49
08/21/2020
08/24/2020
DMR SUPPLIES
$98.98
08/21/2020
08/24/2020
DMR SUPPLIES
$666.00
08/27/2020
08/28/2020
EMERGENCY AUTO TECH
$180.00
08/27/2020
08/28/2020
EMERGENCY AUTO TECH
$180.00
08/27/2020
08/28/2020
EMERGENCY AUTO TECH
$180.00
08/21/2020
08/24/2020
T5 CUSTOM KYDEX
$45.00
08/27/2020
08/28/2020
BCA TRAINING EDUCATION
$250.00
08/24/2020
08/25/2020
PIONEER PRESS CIRC
$10.00
08/19/2020
08/20/2020
LIFE ASSIST INC
$125.00
08/20/2020
08/24/2020
BOUND TREE MEDICAL LLC
$275.76
08/24/2020
08/25/2020
LIFE ASSIST INC
$269.35
08/25/2020
08/26/2020
LIFE ASSIST INC
$95.00
08/25/2020
08/27/2020
BOUND TREE MEDICAL LLC
$124.04
$57,218.42
G1, Attachments
MICHAEL SHORTREED
MICHAEL SHORTREED
MICHAEL SHORTREED
MICHAEL SHORTREED
MICHAEL SHORTREED
MICHAEL SHORTREED
MICHAEL SHORTREED
MICHAEL SHORTREED
MICHAEL SHORTREED
MICHAEL SHORTREED
MICHAEL SHORTREED
JOSEPH STEINER
JOSEPH STEINER
JEFF THOMSON
ERIC ZAPPA
ERIC ZAPPA
ERIC ZAPPA
ERIC ZAPPA
ERIC ZAPPA
Packet Page Number 21 of 292
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
08/21/20
ABRAMS, MARYLEE
560.80
08/21/20
JUENEMANN, KATHLEEN
493.60
08/21/20
KNUTSON, WILLIAM
493.60
08/21/20
NEBLETT, SYLVIA
493.60
08/21/20
SMITH, BRYAN
493.60
08/21/20
COLEMAN, MELINDA
6,985.20
08/21/20
KNUTSON, LOIS
3,403.95
08/21/20
SABLE, MICHAEL
4,935.59
08/21/20
CHRISTENSON, SCOTT
2,584.89
08/21/20
DOUGLASS, TOM
2,582.76
08/21/20
JAHN, DAVID
2,569.89
08/21/20
HERZOG, LINDSAY
2,327.75
08/21/20
RAMEAUX, THERESE
3,766.80
08/21/20
DEBILZAN, JUDY
2,590.49
08/21/20
OSWALD, BRENDA
2,868.42
08/21/20
PAULSETH, ELLEN
5,712.55
08/21/20
RUEB, JOSEPH
4,441.64
08/21/20
ARNOLD, AJLA
2,442.43
08/21/20
BEGGS, REGAN
2,464.59
08/21/20
COLE, DEBORAH
3,726.33
08/21/20
EVANS, CHRISTINE
2,469.20
08/21/20
LARSON, MICHELLE
2,522.00
08/21/20
SINDT, ANDREA
3,941.09
08/21/20
ABRAHAM, JOSHUA
2,685.79
08/21/20
AMAH-CLARKE, ALFREDA
1,916.80
08/21/20
HANSON, MELISSA
2,057.60
08/21/20
HOCKBEIN, JUDY
1,408.60
08/21/20
KRAMER, PATRICIA
1,437.63
08/21/20
MOY, PAMELA
2,005.36
08/21/20
OLSON, THOMAS
1,768.82
08/21/20
OSIER, ANDREA
2,323.82
08/21/20
VITT, JULIANNE
1,384.63
08/21/20
WEAVER, KRISTINE
3,499.80
08/21/20
WINKELMAN, JULIA
1,768.80
08/21/20
ABDI, DAUD
970.54
08/21/20
ABEL, CLINT
3,653.52
08/21/20
ALDRIDGE, MARK
4,143.22
08/21/20
BAKKE, LONN
4,026.48
08/21/20
BARTZ, PAUL
70.00
08/21/20
BELDE, STANLEY
3,957.48
08/21/20
BENJAMIN, MARKESE
3,837.16
08/21/20
BERGERON, ASHLEY
3,443.39
08/21/20
BIERDEMAN, BRIAN
5,043.22
08/21/20
BURT-MCGREGOR, EMILY
3,298.81
08/21/20
BUSACK, DANIEL
5,043.22
08/21/20
COLEMAN, ALEXANDRA
2,719.13
08/21/20
CONDON, MITCHELL
2,670.11
08/21/20
CROTTY, KERRY
4,839.20
08/21/20
DEMULLING, JOSEPH
4,368.24
08/21/20
DUGAS, MICHAEL
4,743.80
Packet Page Number 22 of 292
150.00
150.00
150.00
150.00
150.00
150.00
205.11
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
G1, Attachments
08/21/20
FISHER, CASSANDRA
2,702.59
08/21/20
FORSYTHE, MARCUS
3,761.53
08/21/20
FRITZE, DEREK
4,642.93
150.00
08/21/20
GABRIEL, ANTHONY
3,795.69
150.00
08/21/20
GEISELHART, BENJAMIN
2,343.26
08/21/20
HAWKINSON JR, TIMOTHY
3,787.80
150.00
08/21/20
HENDRICKS, JENNIFER
2,060.00
08/21/20
HER, PHENG
3,986.80
08/21/20
HIEBERT, STEVEN
3,686.38
08/21/20
HOEMKE, MICHAEL
376.98
08/21/20
JOHNSON, KEVIN
4,458.92
08/21/20
KANDA, MADELINE
2,343.26
08/21/20
KHAREL, RAM
290.00
08/21/20
KIM, WINSTON
2,343.26
08/21/20
KONG, TOMMY
3,686.38
08/21/20
KORAN, MARIE
2,253.39
150.00
08/21/20
KROLL, BRETT
3,720.99
08/21/20
KUCHENMEISTER, JASON
2,041.20
150.00
08/21/20
LANGNER, TODD
4,096.89
08/21/20
LENERTZ, NICHOLAS
3,323.78
08/21/20
LYNCH, KATHERINE
3,515.90
08/21/20
MARINO, JASON
3,942.64
08/21/20
MCCARTY, GLEN
3,999.62
150.00
08/21/20
METRY, ALESIA
236.25
08/21/20
MICHELETTI, BRIAN
3,650.97
08/21/20
MURRAY, RACHEL
3,625.63
150.00
08/21/20
NADEAU, SCOTT
5,992.05
08/21/20
NYE, MICHAEL
4,528.49
150.00
08/21/20
OLSON, JULIE
3,957.48
08/21/20
PARKER, JAMES
3,787.01
08/21/20
PEREZ, GUSTAVO
3,910.97
150.00
08/21/20
PETERS, DANIEL
3,227.86
08/21/20
SALCHOW, CONNOR
2,976.65
08/21/20
SHEA, STEPHANIE
2,162.59
08/21/20
SHORTREED, MICHAEL
5,307.79
150.00
08/21/20
SPARKS, NICOLLE
2,694.62
08/21/20
STARKEY, ROBERT
3,637.43
08/21/20
STEINER, JOSEPH
4,217.63
08/21/20
STOCK, AUBREY
2,936.78
150.00
08/21/20
SWETALA, NOAH
2,942.66
150.00
08/21/20
TAUZELL, BRIAN
4,485.53
150.00
08/21/20
THAO, JAY
348.00
08/21/20
THIENES, PAUL
4,933.79
150.00
08/21/20
WENZEL, JAY
3,686.38
08/21/20
WIETHORN, AMANDA
2,812.61
08/21/20
XIONG, KAO
3,653.52
08/21/20
XIONG, TUOYER
2,694.62
08/21/20
ZAPPA, ANDREW
3,494.25
08/21/20
BARRETTE, CHARLES
5,430.96
08/21/20
BAUMAN, ANDREW
3,396.91
08/21/20
BEITLER, NATHAN
2,959.99
08/21/20
CAMPBELL, MACLANE
406.00
08/21/20
CONWAY, SHAWN
4,258.86
08/21/20
CRAWFORD JR, RAYMOND
4,084.58
08/21/20
CRUMMY, CHARLES
3,018.07
08/21/20
DABRUZZI, THOMAS
1,077.46
08/21/20
DANLEY, NICHOLAS
3,244.14
08/21/20
DAVISON, BRADLEY
3,393.69
150.00
08/21/20
DAWSON, RICHARD
4,109.17
08/21/20
HAGEN, MICHAEL
4,315.19
08/21/20
HALWEG, JODI
3,611.56
Packet Page Number 23 of 292
G1, Attachments
08/21/20
HAWTHORNE, ROCHELLE
3,653.23
150.00
08/21/20
KUBAT, ERIC
3,795.22
08/21/20
LANDER, CHARLES
4,312.70
08/21/20
LANTA, SANJAY
2,624.89
08/21/20
LO, CHING
1,424.83
150.00
08/21/20
LUKIN, STEVEN
5,667.35
08/21/20
MALESKI, MICHAEL
2,951.00
150.00
08/21/20
MARTIN, MICHAEL
2,801.00
08/21/20
MCGEE, BRADLEY
3,432.80
150.00
08/21/20
MERKATORIS, BRETT
3,190.78
08/21/20
MONDOR, MICHAEL
5,474.97
08/21/20
NEILY, STEVEN
3,250.39
08/21/20
NIELSEN, KENNETH
3,056.79
08/21/20
NOVAK, JEROME
3,539.57
08/21/20
POWERS, KENNETH
4,761.02
114.99
08/21/20
SEDLACEK, JEFFREY
3,527.52
150.00
08/21/20
STREFF, MICHAEL
3,468.52
91.00
08/21/20
WARDELL, JORDAN
3,340.78
150.00
08/21/20
ZAPPA, ERIC
4,427.84
150.00
08/21/20
CORTESI, LUANNE
2,316.89
08/21/20
JANASZAK, MEGHAN
3,023.16
08/21/20
BRINK, TROY
2,903.50
08/21/20
BUCKLEY, BRENT
2,635.99
08/21/20
EDGE, DOUGLAS
2,642.92
08/21/20
JONES, DONALD
2,640.61
08/21/20
MEISSNER, BRENT
2,635.99
08/21/20
MLODZIK, JASON
2,076.89
08/21/20
NAGEL, BRYAN
4,781.80
150.00
08/21/20
OSWALD, ERICK
2,840.98
08/21/20
RUNNING, ROBERT
3,053.50
150.00
08/21/20
TEVLIN, TODD
2,713.30
75.00
08/21/20
ZAHNOW, LANCE
2,209.39
150.00
08/21/20
BURLINGAME, NATHAN
6,336.56
08/21/20
DUCHARME, JOHN
3,694.64
75.00
08/21/20
ENGSTROM, ANDREW
3,515.90
150.00
08/21/20
JAROSCH, JONATHAN
4,658.31
150.00
08/21/20
LINDBLOM, RANDAL
4,726.13
08/21/20
LOVE, STEVEN
5,800.68
150.00
08/21/20
STRONG, TYLER
3,032.00
08/21/20
ZIEMAN, SCOTT
976.00
08/21/20
HAYS, TAMARA
2,607.01
150.00
08/21/20
F NNENKAMP, GARY
3,329.42
08/21/20
NAUGHTON, JOHN
2,638.30
08/21/20
ORE, JORDAN
2,582.50
08/21/20
SAKRY, JASON
2,394.49
08/21/20
STOKES, KAL
2,031.50
08/21/20
HUTCHINSON, ANN
3,263.77
08/21/20
DUNLAP, EMILY
2,510.91
150.00
08/21/20
JOHNSON, ELIZABETH
2,424.59
150.00
08/21/20
KROLL, LISA
2,327.20
08/21/20
KUCHENMEISTER, GINA
2,435.60
150.00
08/21/20
THOMSON, JEFFREY
4,710.92
08/21/20
FINWALL, SHANN
3,972.30
08/21/20
MARTIN, MIKE
4,221.93
08/21/20
DREWRY, SAMANTHA
2,885.79
08/21/20
SWAN, DAVID
3,551.91
150.00
08/21/20
WEIDNER, JAMES
3,209.79
08/21/20
WESTLUND, RONALD
2,343.39
08/21/20
WELLENS, MOLLY
3,159.68
08/21/20
REININGER, RUSSELL
2,773.39
150.00
08/21/20
BRENEMAN, NEIL
3,422.61
150.00
Packet Page Number 24 of 292
99104288
08/21/20
GORACKI, GERALD
215.00
08/21/20
JORGENSON, TARA
108.00
08/21/20
ROBBINS, AUDRA
4,617.58
08/21/20
BERGO, CHAD
3,785.10
08/21/20
SHEERAN JR, JOSEPH
4,111.24
08/21/20
ADAMS, DAVID
2,883.06
08/21/20
HAAG, MARK
2,903.50
08/21/20
JENSEN, JOSEPH
2,533.69
08/21/20
SCHULTZ, SCOTT
4,601.89
08/21/20
WILBER, JEFFREY
2,516.19
08/21/20
PRIEM, STEVEN
2,965.41
08/21/20
WOEHRLE, MATTHEW
3,097.42
08/21/20
XIONG, BOON
2,538.97
08/21/20
FOWLDS, MYCHAL
4,700.18
08/21/20
FRANZEN, NICHOLAS
4,427.67
08/21/20
GERONSIN, ALEXANDER
2,806.16
08/21/20
RENNER, MICHAEL
3,692.40
08/21/20
SCHMITZ, KEVIN
2,338.89
599,879.96
G1, Attachments
321.66
16.41
Packet Page Number 25 of 292
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
09/04/20
ABRAMS, MARYLEE
560.80
09/04/20
JUENEMANN, KATHLEEN
493.60
09/04/20
KNUTSON, WILLIAM
493.60
09/04/20
NEBLETT, SYLVIA
493.60
09/04/20
SMITH, BRYAN
493.60
09/04/20
COLEMAN, MELINDA
6,835.20
09/04/20
KNUTSON, LOIS
3,403.95
09/04/20
SABLE, MICHAEL
5,335.59
09/04/20
CHRISTENSON, SCOTT
2,396.02
09/04/20
DOUGLASS, TOM
3,202.27
09/04/20
JAHN, DAVID
2,322.08
09/04/20
HERZOG, LINDSAY
2,327.75
09/04/20
RAMEAUX, THERESE
3,766.80
09/04/20
DEBILZAN, JUDY
2,590.49
09/04/20
OSWALD, BRENDA
2,718.41
09/04/20
PAULSETH, ELLEN
5,912.55
09/04/20
RUEB, JOSEPH
4,441.64
09/04/20
ARNOLD, AJLA
2,293.82
09/04/20
BEGGS, REGAN
2,314.59
09/04/20
COLE, DEBORAH
3,726.33
09/04/20
EVANS, CHRISTINE
2,319.20
09/04/20
LARSON, MICHELLE
2,316.89
09/04/20
SINDT, ANDREA
3,941.09
09/04/20
ABRAHAM, JOSHUA
2,685.79
09/04/20
AMAH-CLARKE, ALFREDA
1,916.80
09/04/20
HANSON, MELISSA
2,048.00
09/04/20
HOCKBEIN, JUDY
1,119.40
09/04/20
KRAMER, PATRICIA
1,262.03
09/04/20
MOY, PAMELA
2,044.64
09/04/20
OLSON, THOMAS
1,768.81
09/04/20
OSTER, ANDREA
2,323.82
09/04/20
VITT, JULIANNE
1,262.83
09/04/20
WEAVER, KRISTINE
3,499.78
09/04/20
WINKELMAN, JULIA
1,337.66
09/04/20
ABDI, DAUD
2,343.26
09/04/20
ABEL, CLINT
1,456.44
09/04/20
ALDRIDGE, MARK
4,036.05
09/04/20
BAKKE, LONN
4,331.22
09/04/20
BARTZ, PAUL
888.75
09/04/20
BELDE, STANLEY
3,957.48
09/04/20
BENJAMIN, MARKESE
3,786.52
09/04/20
BERGERON, ASHLEY
3,477.26
09/04/20
BIERDEMAN, BRIAN
4,893.22
09/04/20
BURT-MCGREGOR, EMILY
3,203.97
09/04/20
BUSACK, DANIEL
4,893.22
09/04/20
COLEMAN, ALEXANDRA
3,217.57
09/04/20
CONDON, MITCHELL
3,189.99
09/04/20
CROTTY, KERRY
4,839.20
09/04/20
DEMULLING, JOSEPH
4,333.78
09/04/20
DUGAS, MICHAEL
5,371.75
Packet Page Number 26 of 292
G1, Attachments
Exp Reimb,
Severance,
Conversion
incl in Amount
107.92
9.24
G1, Attachments
09/04/20
FISHER, CASSANDRA
2,702.59
09/04/20
FORSYTHE, MARCUS
3,710.57
09/04/20
FRITZE, DEREK
4,566.18
09/04/20
GABRIEL, ANTHONY
3,957.46
09/04/20
GEISELHART, BENJAMIN
2,343.26
09/04/20
HAWKINSON JR, TIMOTHY
4,059.51
09/04/20
HENDRICKS, JENNIFER
2,060.00
09/04/20
HER, PHENG
4,355.49
09/04/20
HIEBERT, STEVEN
3,686.38
09/04/20
HOEMKE, MICHAEL
376.98
09/04/20
JOHNSON, KEVIN
4,458.92
09/04/20
KANDA, MADELINE
2,343.26
09/04/20
KHARFL, RAM
348.00
09/04/20
KIM, WINSTON
2,401.89
09/04/20
KONG, TOMMY
3,890.64
09/04/20
KORAN, MARIE
2,103.39
09/04/20
KROLL, BRETT
3,855.93
09/04/20
KUCHENMEISTER, JASON
1,891.20
09/04/20
LANGNER, TODD
4,305.63 204.25
09/04/20
LENERTZ, NICHOLAS
3,492.94
09/04/20
LYNCH, KATHERINE
3,807.91
09/04/20
MARINO, JASON
3,942.64
09/04/20
MCCARTY, GLEN
4,063.06
09/04/20
MCKENZIE, JONATHAN
174.00
09/04/20
METRY, ALESIA
907.50
09/04/20
MICHELETTI, BRIAN
3,924.08
09/04/20
MUMIN, ABDIRIZAQ
261.00
09/04/20
MURRAY, RACHEL
3,623.54
09/04/20
NADEAU, SCOTT
5,992.05
09/04/20
NYE, MICHAEL
4,601.68
09/04/20
OLSON, JULIE
3,957.48
09/04/20
PARKER, JAMES
3,787.01
09/04/20
PEREZ, GUSTAVO
3,013.25
09/04/20
PETERS, DANIEL
2,996.95
09/04/20
SALCHOW, CONNOR
2,964.23
09/04/20
SHEA, STEPHANIE
2,225.79
09/04/20
SHORTREED, MICHAEL
5,157.79
09/04/20
SPARKS, NICOLLE
2,952.14
09/04/20
STARKEY, ROBERT
3,748.41
09/04/20
STEINER, JOSEPH
4,978.12 97.11
09/04/20
STOCK, AUBREY
2,688.74
09/04/20
SWETALA, NOAH
2,670.11
09/04/20
TAUZELL, BRIAN
4,730.01
09/04/20
THAO, JAY
369.75
09/04/20
THIENES, PAUL
5,432.27
09/04/20
WENZEL, JAY
3,967.67
09/04/20
WIETHORN, AMANDA
3,029.21
09/04/20
XIONG, KAO
3,923.40
09/04/20
XIONG, TUOYER
2,890.70
09/04/20
ZAPPA, ANDREW
3,684.87
09/04/20
BARRETTE, CHARLES
3,990.12
09/04/20
BAUMAN, ANDREW
3,441.22
09/04/20
BEITLER, NATHAN
3,385.90
09/04/20
CAMPBELL, MACLANE
406.00
09/04/20
CONWAY, SHAWN
4,258.86
09/04/20
CRAWFORD JR, RAYMOND
4,177.60
09/04/20
CRUMMY, CHARLES
2,959.99
09/04/20
DABRUZZI, THOMAS
3,703.04
09/04/20
DANLEY, NICHOLAS
3,235.08
09/04/20
DAVISON, BRADLEY
3,185.01
09/04/20
DAWSON, RICHARD
4,749.15
Packet Page Number 27 of 292
G1, Attachments
09/04/20
HAGEN, MICHAEL
3,531.10
09/04/20
HALWEG, JODI
3,562.05
09/04/20
HAWTHORNE, ROCHELLE
4,452.62
09/04/20
KUBAT, ERIC
4,423.12
09/04/20
LANDER, CHARLES
31409.48
09/04/20
LO, CHING
1,451.41
09/04/20
LUKIN, STEVEN
5,667.35
09/04/20
MALESKI, MICHAEL
3,349.84
09/04/20
MARTIN, MICHAEL
3,788.92
09/04/20
MCGEE, BRADLEY
3,067.69
09/04/20
MERKATORIS, BRETT
3,871.92
09/04/20
MONDOR, MICHAEL
6,644.97 1,170.00
09/04/20
NEILY, STEVEN
3,076.14
09/04/20
NIELSEN, KENNETH
3,385.91
09/04/20
NOVAK, JEROME
3,528.32
09/04/20
POWERS, KENNETH
3,828.83
09/04/20
SEDLACEK, JEFFREY
3,997.86
09/04/20
STREFF, MICHAEL
3,920.32
09/04/20
WARDELL, JORDAN
3,316.20
09/04/20
ZAPPA, ERIC
4,403.26
09/04/20
CORTESI, LUANNE
2,316.89
09/04/20
JANASZAK, MEGHAN
1,193.16
09/04/20
BRINK, TROY
2,903.50
09/04/20
BUCKLEY, BRENT
3,452.29
09/04/20
EDGE, DOUGLAS
2,642.92
09/04/20
JONES, DONALD
2,640.61
09/04/20
MEISSNER, BRENT
2,635.99
09/04/20
MLODZIK, JASON
2,076.89
09/04/20
NAGEL, BRYAN
4,631.80
09/04/20
OSWALD, ERICK
2,642.94
09/04/20
RUNNING, ROBERT
2,903.50
09/04/20
TEVLIN, TODD
2,638.30
09/04/20
ZAHNOW, LANCE
2,059.40
09/04/20
BURLINGAME, NATHAN
4,338.76
09/04/20
DUCHARME, JOHN
3,619.64
09/04/20
ENGSTROM, ANDREW
3,365.90
09/04/20
JAROSCH, JONATHAN
4,508.31
09/04/20
LINDBLOM, RANDAL
4,203.63
09/04/20
LOVE, STEVEN
5,850.68
09/04/20
STRONG, TYLER
3,174.13
09/04/20
ZIEMAN, SCOTT
296.00
09/04/20
HAYS, TAMARA
2,582.50
09/04/20
HINNENKAMP, GARY
2,880.62
09/04/20
NAUGHTON, JOHN
2,782.36
09/04/20
ORE, JORDAN
2,582.50
09/04/20
SAKRY, JASON
2,398.49
09/04/20
STOKES, KAL
2,031.51
09/04/20
HUTCHINSON, ANN
3,263.77
09/04/20
DUNLAP, EMILY
2,440.99
09/04/20
JOHNSON, ELIZABETH
2,374.19
09/04/20
KROLL, LISA
2,319.20
09/04/20
KUCHENMEISTER, GINA
2,285.60
09/04/20
THOMSON, JEFFREY
5,145.50
09/04/20
FINWALL, SHANN
3,972.30
09/04/20
MARTIN, MIKE
4,221.93
09/04/20
DREWRY, SAMANTHA
2,885.79
09/04/20
SWAN, DAVID
3,401.90
09/04/20
WEIDNER, JAMES
3,209.79
09/04/20
WESTLUND, RONALD
2,343.39
09/04/20
WELLENS, MOLLY
3,096.95
09/04/20
REBQINGER, RUSSELL
2,623.39
Packet Page Number 28 of 292
09/04/20
BRENEMAN, NEIL
3,272.61
09/04/20
GORACKI, GERALD
42.50
09/04/20
LO, SATHAE
80.00
09/04/20
ROBBINS, AUDRA
4,817.58
09/04/20
BERGO, CHAD
3,785.10
09/04/20
SCHMITZ, KEVIN
2,338.89
09/04/20
SHEERAN JR, JOSEPH
4,111.24
09/04/20
ADAMS, DAVID
2,568.38
09/04/20
HAAG, MARK
2,903.50
09/04/20
JENSEN, JOSEPH
2,533.69
09/04/20
SCHULTZ, SCOTT
4,601.89
09/04/20
WILBER, JEFFREY
2,644.23
09/04/20
PRIEM, STEVEN
2,965.41
09/04/20
WOEHRLE, MATTHEW
2,912.44
09/04/20
XIONG, BOON
2,521.69
09/04/20
FOWLDS, MYCHAL
4,900.18
09/04/20
FRANZEN, NICHOLAS
4,318.58
09/04/20
GERONSIN, ALEXANDER
3,445.32
09/04/20
RENNER, MICHAEL
2,944.40
600,379.51
G1, Attachments
Packet Page Number 29 of 292
G2
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Andrea Sindt, City Clerk
Deb Schmidt Cole, Deputy City Clerk
PRESENTER: Andrea Sindt, City Clerk
AGENDA ITEM: Resolution Appointing Election Judges and Establishing a Ballot Board for
the 2020 General Election
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
Minn. Stat. 2048.21(2) states election judges for precincts in a municipality shall be appointed by the
governing body of the municipality. Likewise, Minn. Stat 2038.121 requires a ballot board be
established to accept and reject absentee ballots. Appointments will be made from the resolution list to
fill the needed positions after training and required paperwork have been completed.
Recommended Action:
Motion to approve the resolution listing election judges and establishing a ballot board for the 2020
General Election to be held on November 3, 2020.
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: Expenses reimbursed by the State
Strategic Plan Relevance:
❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment
✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt.
Election judges serve to administer election duties as required by State Statute.
Background
The appointments shall be made at least 25 days before the election at which the election judges will
serve, except that the appointing authority may pass a resolution authorizing the appointment of
additional election judges within the 25 days before the election if the appointing authority determines
that additional election judges will be required.
Attachments
1. Resolution
Packet Page Number 30 of 292
G2, Attachment 1
Resolution
2020 General Election
Appointing Election Judges and Establishing a Ballot Board
WHEREAS, MN State Statute 2048.21, Subd. 2 states election judges for precincts in a
municipality shall be appointed by the governing body of the municipality; and
WHEREAS, it is required by MN Statutes 2038.121, Subd. 1 to establish a Ballot Board; and
WHEREAS, approval of the resolution does not qualify individuals to serve as an election
judge; and
WHEREAS, appointments will be made from the list to fill the needed positions after training
and required paperwork have been completed; and
WHEREAS, appointment of additional election judges within the 25 days before the election
may be made if the appointing authority determines that additional election judges will be required; and
WHEREAS, Election Day falls between the bi-weekly city council meetings; and
WHEREAS, up to Election Day, availability of appointed judges has a higher than usual
uncertainty due to COVID.
NOW, THEREFORE, IT BE RESOLVED, by the City Council of Maplewood, Minnesota, a
Ballot Board is hereby established that would consist of a sufficient number of election judges as
provided in sections 2048.19 to 2048.22 to perform the task; and
FURTHER, BE IT RESOLVED, that the City Clerk is designated to act as the appointing
authority within the 25 days before the election; and
FURTHER, BE IT RESOLVED, that the City Clerk or designee assign Election Judges to serve
in the 2020 General Election to be held on Tuesday, November 3, 2020 from the following list.
Almen, Abigail
Dickerson, Charlene
Hansford, Lisa
Anderson, Theodore
Dickson, Helen Jean
Harder, Mary
Anderson, Dorothy
Dittli, Albin
Heininger, Jean
Anderson, Karen
Dittli, Rachel
Hess, Harland
Banker, Matthew
Eads, John
Hinnenkamp, Gary
Beaurline, Ken
Fedor, George
Hodges, Pamela
Bedor, David
Fellman, Gail
Holmes, Mary
Belland, Jaime
Ferch, Gayle
Hulet, Jeanette
Berg, Kris
Fowlds, Mychal
Huth, Raymond
Bjornstad, Myron
Franzen, Nick
Huth, Patricia
Bolden, Donita
Fritsche, Dean
Jacobson, Chris
Brandon, Richard
Fuller, Mary Katherine
Jenkins, Mark
Brandon, Ginny
Funk, Barbara
Jensen, Kathleen
Burdash, Sarah
Garceau, Jeanette
Johannessen, Judith
Buser, Kelly
Goeppinger, Linda
Johnson, Robert
Carlson, Allen
Golaski, Diane
Johnston, Howard
Carlson, Cici
Grefe, David
Jones, Terri
Catherine, Mary
Gudknecht, Nick
Kane, Myrna
Cleland, Ann
Hafner, Michael
Karalus, Sharon
Connolly, Colleen
Hahn, Sandra
Kipka, Judy
Craig, Lynn
Hahn , Vonna
Koch, Jim
Dey, Peter
Hamper, Linda
Koegel, Pete
Packet Page Number 31 of 292
G2, Attachment 1
Kohlman, Karen
Rogers, Peter
Koskinen, Carol
Rose, Talisa
Krebsbach, John
Rossbach, Teresa
Kwapick, Jackie
Rozmarynowski, Bob
Labarre, Tom
Rygg, Crystal
LaBarre, Leann
Sanders, Vikki
Landers, Patricia
Sands, Warren
Leonard, Claudette
Schmidt, William
Lewis, Sandy
Seitz, James
Lewis, Ken
Selby, Patricia
Liu, Yuying (Cindy)
Sheeran, Joe
Lucas, Lydia
Shindler, Tim
Lundberg, Roberta
Skaar, Delaney
Mahre, Jeri
Skaar, Susan
Marek, Tawnya
Smith, Margaret
Martinson, Patricia
Sprague, Florence
Mastro, Christina
Stafki, Tim
McCann, John
Steenberg, Judith
Meier, Kristina
Stevens, Kory Lynne
Meschino, Stacy
Strandness, Mary (Linnea)
Michaelson, Dorcas
Thao, Hlee
Miller, Kelly
Thompson, Jerrilyn
Miller, Mollie
Tiemann, Sandra
Moreno, Marlene
Tschida, Micki
Moua, Kathy
Urbanski, Holly
Moy, Pam
Urbanski, Carolyn
Nadeau, Jill
Vang, Lisa
Nichols, Miranda
Vang, David
Norberg, Ann
Virnala, Ronald
Nowak, Mary Ann
Walker, Margaret
O'Brien, D. William (Bill)
Walker, Melissa
Olson, Anita
Walsh, Alison
Olson, Linda
Waschlmusch, Laure
Oslund, Douglas
Wasmundt, Gayle
Parent, Dian
Yorkovich, Cindy
Parnell, Susan
Parnell, John
Pasquarella, Cheryl
Perez, Laurie Joy
Peterson, Joan
Peterson, Kathleen
Pinc, Roberta
Potter, Nina
Puddy, Michael
Puddy, Susan
Putz, Shelly
Putz, Steve
Reinke, JoAnne
Renner, Mary Ann
Reyers, Theresea
Rodriguez, Vincent
Packet Page Number 32 of 292
G3
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Andrea Sindt, City Clerk
Regan Beggs, Business License Specialist
PRESENTER: Andrea Sindt, City Clerk
AGENDA ITEM: Local Lawful Gambling Permit for Hill Murray School, 2625 Larpenteur
Avenue East
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
A request for a Local Lawful Gambling permit has been submitted by Hill Murray School. Approval
of the request would allow lawful gambling activity to be conducted during the school's Pioneer
Premiere Auction held on the school's property, 2625 Larpenteur Ave East on Sunday, April 24,
2021 from 5:OOpm to 11:00pm.
Recommended Action:
Motion to approve the Local Lawful Gambling permit for Hill Murray School for their event on April
24, 2021.
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.
Council approval is required prior to issuance of a local gambling permit, per City Code Sec. 22-12.
Background
Lawful gambling activity conducted at this event is exempt from state licensure under MN §349.166.
MN §349.213 authorizes cities to require a local permit for conduct of lawful gambling exempt from
state licensing requirements.
Attachments
None
Packet Page Number 33 of 292
G4
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM:
Michael Mondor, Chief of EMS
PRESENTER:
Michael Mondor, Chief of EMS
AGENDA ITEM:
Resolution to Accept Donation from Country Financial
Action Requested:
Motion ❑ Discussion ❑ Public Hearing
Form of Action:
Resolution ❑ Ordinance ❑ Contract/Agreement
Policy Issue:
❑ Proclamation
City Council approval is required for the Maplewood Public Safety Department to accept a $1,500.00
donation from Country Financial.
Recommended Action:
Motion to approve the resolution accepting the donation made by Country Financial.
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.
City Council approval is required to accept the donation.
Background
Country Financial approached the Maplewood Public Safety Department to offer a $1,500 donation as
part of the company's Operation Helping Heroes Program.
Country Financial has requested that the donation be put toward department initiatives. Given the
Public Safety Department's strategic initiatives involving community outreach and relationship building,
the Department is recommending that this donation be allocated to the school supply initiative. This
initiative is a partnership between the City of Maplewood and the Maplewood YMCA to collect school
supplies and to make sure each young person in the community has the resources they need to learn,
grow, and thrive.
The Department is grateful for the incredibly generous support for operational equipment.
Offnnhmanfc
1. Resolution
Packet Page Number 34 of 292
G4, Attachment 1
RESOLUTION
EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE MAPLEWOOD PUBLIC SAFETY DEPARTMENT
WHEREAS, Country Financial has presented to the Maplewood Public Safety
Department a donation in the amount of $1500.00; and
WHEREAS, this donation is intended for the purpose of enhancing department initiatives
to benefit the Department and the community; and
WHEREAS, the Maplewood City Council is appreciative of the donation and commends
Country Financial for their civic efforts,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood,
Minnesota, that:
1. The donation is accepted and acknowledged with gratitude; and
2. The donation will be appropriated for the Public Safety Department as designated;
and
3. The appropriate budget adjustments be made.
Approved by the Maplewood City Council this 14th day of September, 2020.
Packet Page Number 35 of 292
G5
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Michael Martin, AICP, Assistant Community Development Director
PRESENTER: Jeff Thomson, Community Development Director
AGENDA ITEM: Dogtopia, 2015 Woodlynn Avenue East, Conditional Use Permit Resolution
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
Alissa Bert and Cindy Lang, of Dogtopia, are requesting a conditional use permit (CUP) to allow
outdoor play areas for a dog daycare at 2015 Woodlynn Avenue East.
Recommended Action:
Motion to approve the attached conditional use permit resolution to allow an outdoor play area for a
dog daycare at 2015 Woodlynn Avenue East.
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 July 28, 2020. The initial 60 -day review
deadline for a decision is September 26, 2020. 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
Discussion
Proposed Use
Dogtopia, a new tenant at the Plaza 3000 North Annex shopping center located at 2015
Woodlyn Ave East is proposing to open a dog daycare with an outdoor recreational area as an
ancillary use. The proposed outdoor recreational area consists of a 1,000 square foot artificial turf
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G5
area enclosed by an 8 -foot -high composite privacy fence. The outdoor area would be located at
the rear of the tenant space which currently consists of a parking lot. The fence and turf would
extend approximately 20 -feet away from the building to align with an existing door.
Dogtopia is proposing to provide daycare, boarding and spa services and would be open between 7
a.m. to 7 p.m. Monday through Friday and between 10 a.m. to 5 p.m. on Saturday and Sunday. The
outdoor recreational area would be a supportive use to the principal use of Dogtopia operating from
9 a.m. to 4 p.m. Monday through Friday, 10 a.m. to 4 p.m. Saturday and Sunday.
Within Dogtopia, there will be a maximum of nine staff on-site at one time, and a ratio of one staff
member to every 20 dogs. The maximum capacity of the existing Dogtopia will be 119 dogs. The
outdoor area provides the daycare dogs an opportunity for outdoor play — but will not increase the
overall capacity of the facility. The maximum number of dogs allowed outside at one time is 20 and
the outdoor area will not be used overnight.
Zoning
Daycare centers are an allowed use within the shopping center zoning district, however, the city
code requires a conditional use permit for any outside use. To move forward with this project, the
applicant needs city council approval of a conditional use permit to allow an outdoor play area for
the dog daycare.
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 outdoor play area for a dog
daycare meets the conditional use permit standards.
Commission Review
Planning Commission
August 18, 2020: The planning commission held a public hearing and recommended approval of
this project.
Citizen Comments
Staff surveyed the 32 surrounding property owners within 500 feet of the site for their opinion about
this proposal. Staff received one response:
I set out to find 2015 Woodlyn Avenue East. I did not find the actual location but found an
address for the Pizza Hut and the bar which means that Dogtopia would be between two
business establishments that work with food. I believe Pizza Hut is a carry -out
establishment. I believe the bar serves food and liquor. However, I have never patronized
either establishment.
I was shocked to think that a doggy day care could be located between two establishments
that deal with food!! I find this surprising and disturbing!! I am not in favor of a doggie day
care this close to the two apartment buildings and the townhomes. I think a self -standing
building in a less populated area would be a better choice.
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G5
I have been a pet owner owning both dogs and cats but not at the current time.
I just want to register my disapproval for the location of Dogtopia at 2015 Woodlyn Avenue
East. I live in one of the townhomes on Chisholm Court North. (Sharon Boekhoff, 3069
Chisholm Court North)
Reference Information
Site Description
Site Size: 3.01 acres
Existing Land Use: Shopping Center
Surrounding Land Uses
North: Sibley Cove Apartments
South: Plaza 3000 Shopping Center
East: Birch Glen Apartments:
West: Auto Repair
Planning
Existing Land Use: Commercial (C)
Existing Zoning: Shopping Center (SC)
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.
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G5
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.
Attachments
1. Conditional Use Permit Resolution
2. Overview Map
3. Zoning Map
4. Land Use Map
5. Applicant's Narrative
6. Site Plan
7. Floor Plan
8. Exterior Elevation
9. Draft Planning Commission Minutes
10. Applicant's Plans (separate attachment)
Packet Page Number 39 of 292
G5, Attachment 1
CONDITIONAL USE PERMIT RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Alissa Bert and Cindy Lang, of Dogtopia, have requested approval of a conditional
use permit.
1.02 The property located at 2015 Woodlynn Avenue East is legally described as:
PIN: 022922120011; Part of Section 2, Township 29, Range 22, Ramsey County,
Minnesota, described as follows: The East 178.13 ft. of the South 100 ft. of the North
10 acres together with the East 178.13 ft. of the South 10 acres of the North 20 acres
of part of the North one-half of the Northwest quarter of Section 2, Township 29,
Range 22, North of the North line of Woodlynn Avenue, and the West 90.31 ft. of the
South 33.18 ft. of the North 681.33 ft. and the South 640 ft. of the North 1321.33 ft.
of the West 329.31 ft. of the Northeast quarter of Section 2, Township 29, Range 22,
lying North of the North line of Woodlynn Avenue.
Section 2. Standards.
2.01 City Ordinance Sections 44-597(1) and 44-597(2) requires a Conditional Use Permit
for any recreation use or exterior use.
2.02 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a)
states that the City Council must base approval of a Conditional Use Permit on the
following nine standards for approval.
1. 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 40 of 292
G5, 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.
Section 3. Findings
3.01 The proposal meets the specific conditional use permit standards.
Section 4. City Review Process
4.01 The City conducted the following review when considering this conditional use permit
request.
On August 18, 2020, the planning commission held a public hearing. City
staff published a hearing notice in the Pioneer Press 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 this resolution.
2. On September 14, 2020, the city council discussed this resolution. They
considered reports and recommendations from the planning commission and
city staff.
Section 5. City Council
5.01 The city council hereby the resolution. Approval is based on the findings
outlined in section 5 of this resolution. Approval is subject to the following conditions:
1. The use of this property shall be limited to the type of operation described in this
staff report. Any change in operations will require an amendment to the
conditional use permit.
2. Hours of operation for dog pick-ups and drop-offs shall be limited to 7:00 a.m. to
7:00 p.m.
3. Outdoor use of the recreational area shall be limited to the hours of 7 a.m. to 7
p.m.
4. Drop-off and pick-up services shall not block the public right-of-way and shall
occur onsite within designated parking spaces.
5. Prior to the issuance of any permits, the applicant must:
a. Submit and receive approval for landscaping and grading from the city
engineer.
b. Submit a detailed plan for the proposed fence and sunshade.
Packet Page Number 41 of 292
G5, Attachment 1
6. Repair all fencing as needed and ensure that the site is tidy at all times.
7. Any exterior improvements will require design approval.
8. All signs require a separate sign permit and must meet city code requirements.
9. The city council shall review this permit in one year.
by the City Council of the City of Maplewood, Minnesota, on September 14, 2020.
Packet Page Number 42 of 292
Dogtopia - 2015 Woodlynn Avenue
G5, Attachment 2
W V—*- M City of Maplewood July 23, 2020
Maplew000
Packet Page Number 43 of 292
Dogtopia - 2015 Woodlynn Avenue
IIID w A City of Maplewood
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Legend
Zoning
Open Space/Park
Packet Page Number 44 of 292
G5, Attachment 3
July 23, 2020
a
Single Dwelling (r1)
Double Dwelling (r2)
Planned Unit Development (pud)
Farm (f)
Limited Business Commercial (Ibc)
-
Business Commercial (bc)
-
Shopping Center (sc)
Subject Parcel
0
350
Feet
Source: City of Maplewood, Ramsey County
Packet Page Number 44 of 292
G5, Attachment 3
July 23, 2020
a
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City of Maplewood
Maplewood
' 2040 Future Land Use Map
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G5, Attachment 4
July 23, 2020
4
Legend e
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Future Land Use - 2040
Low Density Residential
Medium Density Residential
High Density Residential
Mixed -Use - Community
-
Commercial
Public/Institutional
Park
Subject Parcel
0
350
Feet
Source: City of Ma lewood, Ramse Count
A mklll�1111` 4*MA"
Packet Page Number 45 of 292
G5, Attachment 5
July 16, 2020
2015 Woodlyn Ave E, Maplewood MN 55109
Introduction:
Lang, Bert LLC. (Dogtopia), an existing tenant at the Plaza 3000 shopping center, located at
2015 Woodlyn Ave E, Maplewood MN 55109, proposes an outdoor Dog Daycare recreational
area as an ancillary use to their existing indoor animal daycare. The current zoning for the site is
Commercial — (SC) Shopping Center which allows for underlying Business uses, including indoor
Dog Daycare facilities. However, outdoor Dog Daycare recreational areas are subject to
approval of a Use Permit.
Plaza 3000, where the outdoor Dog Daycare recreational is proposed, is an existing shopping
center with two restaurant establishments. The shopping center is surrounded by a variety of
commercial and residential uses.
Dogtopia provides daycare, boarding and spa services and is open 7am — 7pm Monday to
Friday, 10am — 5 pm Saturday— Sunday. The outdoor Dog Daycare recreational area will be
complimentary to the principal use of Dogtopia as an animal daycare facility, operating from
9am — 4pm Monday to Friday, 10am — 4 pm Saturday — Sunday. Within Dogtopia, there will be a
maximum of 9 staff on site at one time, and a ratio of 1 staff member to every 20 dogs max. will
be provided. The maximum capacity of the existing Dogtopia is 119 dogs. With the addition of
the outdoor recreational area, the maximum capacity of the center will remain 119 dogs. The
addition of the outdoor area does not increase the total number of dogs allowed at Dogtopia.
The outdoor area provides the current daycare dogs opportunity for outdoor play. The
maximum number of dogs allowed outside at one time is 20 and the outdoor area will not be
used overnight. More details on this are below.
Proposal:
The proposed outdoor Dog Daycare recreational area consists of a +/- 1000 sq. ft. artificial turf
area enclosed by an 8 -foot -high composite privacy fence. The outdoor area would be located at
the rear of the tenant space which is currently consists of a parking lot. The fence and turf
would extend approximately 20 -feet away from the building to align with an existing doo. A
sunshade similar in color to the existing building is also proposed. The proposed outdoor area
can be accessed directly from the interior of the tenant space. The outdoor area can also be
accessed from the exterior via proposed swing gate. No asphalt will be altered or removed.
The number of dogs in each group (both indoor and outdoor) will vary based on size and
behavior of breeds. Dogs will never be left unattended. The outdoor Dog Daycare recreational
area will be for structured outdoor play for a period of up to 30 minutes at a time. Then the
current group of dogs would be taken inside and the next group would be allowed outside for
30 minutes. Activities provided include water play in pools and bubbles. When the maximum
Packet Page Number 46 of 292
G5, Attachment 5
total number of dogs in the center and outdoor play is most used, there will be a 3 hour use
period in the morning and 3 hour use period in the afternoon.
Dogtopia is a family owned and operated business which has over 100 locations across the
country. Roughly half of the Dogtopia locations are equipped with outdoor Dog Daycare
recreational area. All locations have had no issues preventing noise or odor nuisances on
adjacent people and properties. Below is a summary on how noise and odor nuisances are
mitigated.
Noise:
The outdoor area is used for structured play for only for a limited time. The dogs are always
accompanied by a certified Canine Coach trained to keep dogs safe and well-behaved. Dogs are
taken outside in groups assigned by size and temperament to achieve the best behavior. The
provided outdoor activities interest the dogs, minimizing barking caused by boredom. If
needed, each playroom has direct access to the outdoor space. This allows a dog who is barking
and cannot be redirected or calmed down to go back inside.
Odor:
The proposed artificial turf is perforated grass -like material with a compact gravel base. All
water and liquid waste will drain into the soil below. Any solid waste will be picked up
immediately by supervising staff, bagged, and placed into an enclosed trash container located
within the corner of the outdoor play area. There will not be more dogs in the center or more
waste generated due to the addition of outdoor play. The turf is cleaned twice a day with a
hose and mild disinfectant. The disinfectant used is a bio -enzymatic digestor product that
actively consumes odorous organic waste. A detail cleaning protocol is followed for end -of -day.
After the detail cleaning is complete, no dogs will access the outdoor play space until the next
day.
Justification:
The proposed outdoor Dog Daycare recreational area is purposefully designed and will be
operated to minimize the any impacts of noise and odor on adjacent properties and persons.
The 8 -foot -high opaque privacy fence is proposed to minimize the visual impacts on adjacent
properties, as well as to eliminate the possibility of dogs jumping over the fence. The
perforated artificial turf combined with high standards of cleanliness and orderly dog conduct
are anticipated to have a minimal impact on adjacent persons or properties. The proposed
outdoor area is also not anticipated to generate any additional noise or odors above and
beyond ambient conditions at the existing shopping center.
Packet Page Number 47 of 292
G5, Attachment 5
Summary:
Lang, Bert LLC, on behalf of Dogtopia, requests approval of a Use Permit for a proposed
outdoor Dog Daycare recreational area. The proposed outdoor area is anticipated to be an
appropriate use at this location due to preventative design and operational measures.
Packet Page Number 48 of 292
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G5, Attachment 9
DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, August 18, 2020
7:00 P.M.
(THIS MEETING WAS HELD REMOTELY VIA CONFERENCE CALL)
E. PUBLIC HEARING
2. 7:00 p.m. or later: Dogtopia, 2015 Woodlynn Avenue East
a. Conditional Use Permit Resolution.
Chairperson Arbuckle opened the public hearing.
Cindy Lang and Alissa Bert, the applicants and Kathy Halter, Dogtopia Support Office
spoke. There were no callers.
Chairperson Arbuckle closed the public hearing.
Commissioner Ige moved to approve the Conditional Use Permit Resolution to allow an
outdoor play area for the dog daycare at 2015 Woodlynn Avenue East.
Seconded by Commissioner Desai. Ayes — All
Packet Page Number 52 of 292
G6
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Jeff Thomson, Community Development Director
PRESENTER: Jeff Thomson, Community Development Director
AGENDA ITEM: Land Use Development Agreement with SUSO 4 Mapleridge, LP
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ❑ Resolution ❑ Ordinance ✓ Contract/Agreement ❑ Proclamation
Policy Issue:
As a condition of the HyVee development application, the property owner is required to enter into a
development agreement with the city for construction of the public infrastructure improvements. The
development agreement outlines the city's requirements for construction in public right of way by a
private developer.
Recommended Action:
Motion to approve the Land Use Development Agreement with SUSO 4 Mapleridge, LP.
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 development agreement will facilitate reinvestment in Maple Ridge Center which has a
deteriorating condition and a significant amount of vacancy as a result of losing several anchor
tenants.
Background:
On August 10, 2020, the City Council approved a conditional use permit, design review, and
comprehensive sign plan for Maple Ridge Center. The approved plans include construction of
access and roadway improvements within the public rights of way of White Bear Avenue and
Gervais Avenue. As a condition of approval, the city required the applicant to enter into a
development agreement that outlines all roles, responsibilities, and financial arrangements for the
access and roadway improvements.
Packet Page Number 53 of 292
G6
The city attorney has drafted the attached land use development agreement to codify the terms of
construction and satisfy the condition of approval. The agreement requires that the property owner
construct the public improvements on White Bear Avenue and Gervais Avenue. The property owner
would also be responsible for paying for all costs of constructing the improvements. There will be a
separate agreement with the EDA for reimbursement of up to $500,000 of the costs of constructing
the improvements, but that is not a requirement of the development agreement. The agreement
includes the city's standard requirements for permitting, construction monitoring and administration,
and providing a financial security.
Attachments:
1. Land Use Development Agreement
Packet Page Number 54 of 292
of
G6, Attachment 1
DRAFT
LAND USE DEVELOPMENT AGREEMENT
CITY OF MAPLEWOOD
MAPLE RIDGE SHOPPING CENTER
Developer Project:
This Land Use Development Agreement (the "Agreement") is entered into this day
2020 by and between SUSO 4 Mapleridge, L.P., a
(the "Owner"), and the city of Maplewood, a Minnesota municipal
corporation, (the "City")
RECITALS
A. Owner owns that certain real property legally described on Exhibit A attached
hereto and located generally at 2501 White Bear Avenue (the "Property").
B. Owner intends to rehabilitate existing improvements, construct new improvements
on this Property and install infrastructure improvements adjacent thereto for the benefit of the
Property.
C. The parties desire to develop the infrastructure necessary to improve the Property
in accordance with the terms and conditions set forth herein and the terms and conditions of the
City's land use approvals thereof (the "Project").
AGREEMENTS
In consideration of the Recitals and the terms and conditions set forth herein, the parties
agree and covenant as follows:
ARTICLE I
PRIVATE IMPROVEMENTS
A. Private Improvements. Owner shall construct the infrastructure improvements
needed to support the rehabilitation of the former Rainbow grocery store and other existing retail
space and to construct a new motor fuel station and convenience store on the Property, all as
shown on the site plan attached hereto as Exhibit B (the "Site Plan") The improvements shall
include but is not limited to all internal water systems, infiltration areas, storm water management
facilities, sanitary sewers, parking lot improvements, concrete curb and gutters, parking lot
lighting, signage, and landscaping (the "Private Improvements"). All costs associated with
construction of the Private Improvements shall be paid by the Owner.
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MA745-27-673503.v1
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G6, Attachment 1
B. Construction of Private Improvements. Owner agrees to install and maintain all
erosion prevention and sediment control measures required by the Private Improvements,
including but not limited to silt fence, sediment ponds, floating silt curtain, inlet protection and
rock construction entrances. Owner shall complete the Private Improvements in a workmanlike
manner and in accordance with the plans and specifications approved by the City by no later than
December 31, 2021. The Private Improvements shall be subject to the inspection and approval
of the City by an engineer or other representative of the City. In the event the City deems any
material or labor supplied in connection with the construction of the Private Improvements to be
defective and not in compliance with the applicable City -approved plans and specifications, the
Owner shall remove the defective material and replace it with material approved by the City
and/or correct any substandard labor at the affected Owner's sole cost and expense. All grading
on the Property shall be done in accordance with the Grading and Drainage Plan attached hereto
as Exhibit C.
ARTICLE II
PUBLIC IMPROVEMENTS
A. Public Improvements. Vehicular access to the Property is inadequate to support
the improvements existing and planned for the Property. In particular, access to White Bar
Avenue is misaligned with the access to the commercial properties on the east side of White Bear
Avenue. Owner shall move the entrance to the Property approximately 80' to the south to align
with the access to the east and shall install a traffic signal on White Bear Avenue at the relocated
access point. Work on the Public Improvements will be done largely within right-of-way
controlled by Ramsey County. Owner shall obtain all permits necessary to perform said work
and comply with all requirements of Ramsey County. Owner will also change access to the
Property from Gervais Avenue to the south consistent with the Site Plan.
B. Construction of the Public Improvements. Owner will complete the Public
Improvements by no later than December 31, 2021. The Public Improvements shall be subject to
the inspection and approval of the City by an engineer or other representative of the City. In the
event the City deems any material or labor supplied in connection with the construction of the
Public Improvements to be defective and not in compliance with the applicable City -approved
plans and specifications, the Owner shall remove the defective material and replace it with
material approved by the City and/or correct any substandard labor at the affected Owner's sole
cost and expense.
ARTICLE III
Fees
A. Sewer Availability Charges. On or before the date of building permit issuance
by the City for the new motor fuel station and convenience store, Owner shall pay the sewer
availability charges due to both the City and to the Met Council (individually and collectively the
"SAC Fees"). Owner shall submit building plans to the Met Council for review and determination
of the SAC Fee, which is collected by City and passed on to the Met Council, based on final
determination by the Met Council and its current SAC unit rate. Owner shall also pay $130 per
equivalent SAC unit to the City (the "Local SAC Fee"). The rate for the SAC Fee and Local SAC
Fee shall be determined based on the established rates at the time the building permit is issued.
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MA745-27-673503.v1
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G6, Attachment 1
B. Water Availability Charges. On or before the date of building permit issuance
by the City for the new motor fuel station and convenience store, Owner shall pay the water
availability charges due to the City (the "WAC Fee"). The number of WAC units issued for the
building shall be determined based on the number of SAC units issued for the building. The
WAC Fee rate for 2020 is $285 per unit.
C. Water Service Fees. Owner shall be responsible for any fees due to the Saint Paul
Regional Water Service ("SPRWS") for the connection/extension of the existing water main
stubs.
D. Building Permit Fees. Owner shall pay for all building permit fees and associated
fees consistent with the City's current fee schedule and policies (collectively, the "Building
Permit Fees").
E. City Engineering Fees. Owner shall reimburse any costs incurred by the City for
engineering, legal, and administrative services associated with the Project.
F. Public Works Fees. Owner shall pay to the City a public works permit fee
consistent with the 2020 rate schedule which shall include the grading permit technician plan
review and manhole, connection and storm/sewer base fees (the "Public Works Fee").
ARTICLE IV
LETTER OF CREDIT; CITY APPROVALS
A. Before Owner proceeds with any work on the Property or adjacent thereto in
connection with construction of either the Private Improvements or Public Improvements, Owner
shall submit to the City an irrevocable Letter of Credit (the "LOC") in form and substance
satisfactory to the City. The LOC shall be issued by a bank acceptable to the City in the amount
of 125% of the estimated cost of the private landscaping and Public Improvements and shall
allow one or more draws in the event of Owner's failure to complete the Private Improvements
or the Public Improvements. The LOC shall renew automatically until released by the City. The
Owner must submit an estimate of the cost of the private landscaping and Public Improvements.
B. Owner has received approval for the Project from the City through the issuance of
various land use approvals, which have been granted subject to certain terms and conditions.
Owner shall construct the Private Improvements and the Public Improvements in accordance with
all terms and conditions of the City approvals, which are contained in Exhibit D attached hereto.
ARTICLE V
NOTICES
All notices required or permitted by this Agreement shall be in writing and shall be
deemed to have been given (i) upon delivery to an officer or designated representative of the
person entitled to such notice, if hand delivered, or (ii) two business days following deposit in the
United States mail, postage prepaid, or with a nationally recognized overnight commercial carrier
that will certify as to the date and time of delivery, air bill prepaid, and each such communication
or notice shall be addressed as follows, unless and until any of such parties notifies the other in
accordance with this Article of a change of address:
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MA745-27-673503.v1
Packet Page Number 57 of 292
If to the Owner:
If to the City:
SUSO 4 Mapleridge, L.P.
Attention:
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
Attention: City Manager
ARTICLE V
MISCELLANEOUS
G6, Attachment 1
A. Owner shall have in effect at all times, all permits, approvals and licenses as may
be required by any governmental authority or, to the extent reasonably prudent or customary for
similarly situated business operations, any non-governmental entity in connection with the
development, construction, management and operation of the Project. Owner shall comply with
any and all City conditions and requirements as provided in any City Council actions or approvals,
or as required by the City.
B. Owner shall provide the City with proof of insurance upon request in the amount
as required by the approval specifications covering any public liability or property damage by
reason of the operation of the Owner's equipment laborers and hazards caused by the construction
of the Private Improvements or the Public Improvements.
C. The City shall not be liable or responsible in any manner to the Owner, the
Owners' contractors, subcontractors, material suppliers, laborers or to any other person or persons
whomsoever, for any claim, demand, damages, actions or causes of action of any kind or character
arising out of or by reason of the execution of this Agreement or the performance and completion
of the Private Improvements or the Public Improvements, which the Owner responsible for the
Private Improvements or the Public Improvements or the Public Improvements giving rise to any
such claim, will save the City harmless from all such claims, demands, damages, actions or causes
of action or the costs disbursements and expenses of defending the same, specifically including,
without intending to limit the categories of said costs, cost and expenses for City administrative
time and labor, costs of consulting engineering services, and costs of legal services rendered in
connection with the defending such claims as may be brought against the City.
D. In the event Owner is in default pursuant to any of the terms and conditions herein
applicable, the City may deny such Owner a building permit or certificate of occupancy for the
Project until the Owner cures such default.
E. Time is of the essence of each and every obligation or agreement contained in this
Agreement.
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MA745-27-673503.v1
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G6, Attachment 1
F. If Owner is delayed or prevented from timely commencing or completing the
Private Improvements or Public Improvements, by reason of fire, earthquake, war, flood, riot,
strikes, labor disputes, governmental restrictions, judicial order, public emergency, or other
causes beyond the control of the party obligated to perform ("Force Majeure Event"),
performance of such act shall be excused for the period of such delay and the time for the
performance of any such act shall be extended for a period equivalent to such delay.
G. In case any one or more of the provisions contained in this Agreement shall be
invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the
remaining provisions contained herein and any other application thereof shall not in any way be
affected or impaired thereby.
H. The terms and conditions of this Agreement shall run with the Property and be
binding on the parties hereto, their respective successors and assigns.
I. No amendment, alteration, modification or addition to this Agreement will be valid
or enforceable unless expressed in writing and signed by the parties hereto.
J. This Agreement shall be interpreted under the laws of Minnesota.
[Signature page(s) follow.)
This Instrument Drafted By:
KENNEDY & GRAVEN, CHARTERED (RHB)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
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MA745-27-673503.v1
Packet Page Number 59 of 292
G6, Attachment 1
SIGNATURE PAGE TO
LAND USE DEVELOPMENT AGREEMENT
CITY OF MAPLEWOOD
MAPLERIDGE SHOPPING CENTER
Developer Project:
IN WITNESS WHEREOF, this Agreement is executed as of the date first above written.
STATE OF MINNESOTA )
) ss.
COUNTY OF
CITY OF MAPLEWOOD
Marylee Abrams, Mayor Date
Melinda Coleman, City Manager Date
The foregoing instrument as acknowledged before me this day of ,
2020, by Marylee Abrams and Melinda Coleman, the Mayor and City Manager, respectively, of
the City of Maplewood, a public body corporate and politic under the laws of Minnesota.
Notary Public
D
MA745-27-673503.v1
Packet Page Number 60 of 292
G6, Attachment 1
SUSO 4 MAPLERIDGE, L.P.
STATE OF MINNESOTA
ss.
COUNTY OF )
The foregoing instrument was executed before me this day of ,
2020, by , the , and the
respectively, of SUSO 4 Mapleridge, LP, a limited partnership under the
laws of
7
MA745-27-673503.v1
Notary Public
Packet Page Number 61 of 292
G6, Attachment 1
EXHIBIT A
Legal Description of Property
That part of Lot 2, Block 1, Maple Ridge Mall, lying East of the West line of the Northeast
Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, and lying South of the
North line of the South 4 acres of the West Half of the North Half of the East Half of the
Northwest Quarter of Section 11, Township 29, Range 22, Ramsey County MN
AND
That part of Lots 3 and 4, Block 1, Map Ridge Mall, lying west of the west line of the Northwest
Quarter of the Southeast Quarter of Section 11, Township 29, Range 22, Ramsey County, MN
AND
That part of Lot 2, Block 1, Maple Ridge Mall according to the recorded plat thereof, lying South
of Lot 1 of said Block 1 and the westerly extension thereof except that part of said Lot 2 lying
East of the West line of the Northeast Quarter of the Northwest Quarter of Section 11, Township
29, Range 22, and lying South of the North line of the South 4 acres of the West Half of the
North Half of the Northwest Quarter of Section 11, Township 29, Range 22, Ramsey County,
MN
AND
That part of Lots 3 and 4, Block 1, Maple Ridge Mall, according to the recorded plat thereof
lying East of the West line of the Northwest Quarter of the Southeast Quarter of the Northwest
Quarter of Section 11, Township 29, Range 22, Ramsey County, MN
A-1
MA745-27-673503.v1
Packet Page Number 62 of 292
EXHIBIT B
Site Plan
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MA745-27-673503.v1
G6, Attachment 1
Packet Page Number 63 of 292
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EXHIBIT C
Grading and Drainage Plan
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EXHIBIT D
City Council Conditions of Approval
D-1
MA745-27-673503.v1
G6, Attachment 1
Packet Page Number 67 of 292
G6, Attachment 1
CONDITIONAL USE PERMIT RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Slate Asset Management has requested approval of a conditional use permit for a
planned unit development and a motor fuel station.
1.02 The property is located at 2501 White Bear Avenue North and is legally described
as:
That part of Lot 2, Block 1, Maple Ridge Mall, lying East of the West line of the
Northeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22,
and lying South of the North line of the South 4 acres of the West Half of the North
Half of the East Half of the Northwest Quarter of Section 11, Township 29, Range 22,
Ramsey County MN
_►9
That part of Lots 3 and 4, Block 1, Map Ridge Mall, lying west of the west line of the
Northwest Quarter of the Southeast Quarter of Section 11, Township 29, Range 22,
Ramsey County, MN
_►9
That part of Lot 2, Block 1, Maple Ridge Mall according to the recorded plat thereof,
lying South of Lot 1 of said Block 1 and the westerly extension thereof except that
part of said Lot 2 lying East of the West line of the Northeast Quarter of the
Northwest Quarter of Section 11, Township 29, Range 22, and lying South of the
North line of the South 4 acres of the West Half of the North Half of the Northwest
Quarter of Section 11, Township 29, Range 22, Ramsey County, MN
AND
That part of Lots 3 and 4, Block 1, Maple Ridge Mall, according to the recorded plat
thereof lying East of the West line of the Northwest Quarter of the Southeast Quarter
of the Northwest Quarter of Section 11, Township 29, Range 22, Ramsey County,
MN
Section 2. Standards.
2.01 City Ordinance Section 44-1092(6) requires a Conditional Use Permit for Planned
Unit Developments.
2.02 City Ordinance Section 44-512(8) requires a Conditional Use Permit for a motor fuel
station.
2.03 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a)
states that the City Council must base approval of a Conditional Use Permit on the
following nine standards for approval.
Packet Page Number 68 of 292
G6, Attachment 1
1. 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.
Section 3. Findings
3.01 The proposal meets the specific conditional use permit standards.
Section 4. City Review Process
4.01 The City conducted the following review when considering this conditional use permit
request.
1. On May 19, 2020, the planning commission held a public hearing. The city staff
published a hearing notice in the Pioneer Press 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 this resolution.
2. On August 10, 2020, the city council discussed this resolution. They considered
reports and recommendations from the planning commission and city staff.
Section 5. City Council
5.01 The city council hereby approves the resolution. Approval is based on the findings
outlined in section 3 of this resolution. Approval is subject to the following conditions:
(additions are underlined and deletions are crossed out):
Packet Page Number 69 of 292
G6, Attachment 1
1. Adherence to the site plan and building elevations date-stamped June 1, 2020
and the remaining design plans date-stamped April 27, 2020. 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 planned unit development for this site approves a minimum front yard
setback of 19.7 feet from the White Bear Avenue right-of-way.
5. The planned unit development for this site approves a parking ratio of one
parking space for every 250 square feet of retail space. Parking ratios for any
other type of use of this site shall meet city ordinance requirements.
6. Comply with the comprehensive sign plan for this site.
7. The applicant shall sign a developer's agreement with the city before the
issuance of any permits. This agreement shall outline all roles, responsibilities
and financial arrangements for the access improvements on White Bear Avenue
and Gervais Avenue.
8. Intercom use may be limited by the city if there are complaints about volume and
late-night use.
9. Outdoor storage and sales are allowed along the west building elevation of the
convenience store building and under the gas canopy. Outdoor sales are also
allowed directly in front of the grocery store building, along the east elevation.
Outdoor storage and sales for the convenience store are not allowed anywhere
else on site.
Approved by the City Council of the City of Maplewood, Minnesota, on August 10, 2020.
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G7
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Steven Love, Public Works Director / City Engineer
Jon Jarosch, Assistant City Engineer
Tyler Strong, Civil Engineer I
PRESENTER: Steven Love
AGENDA ITEM: Resolution Accepting Assessment Roll and Ordering Assessment Hearing
for October 12, 2020, Dennis -McClelland Area Street Improvements, City
Project 19-10
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
City Council will consider approving the Resolution Accepting Assessment Roll and Ordering
Assessment Hearing for October 12, 2020, Dennis -McClelland Area Street Improvements, City
Project 19-10.
Recommended Action:
Motion to approve the Resolution Accepting Assessment Roll and Ordering Assessment Hearing, for
the Dennis -McClelland Area Street Improvements, City Project 19-10.
Fiscal Impact:
Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $1,312,050.00 (total amount
of assessments).
Financing source(s): ✓ Adopted Budget ❑ Budget Modification ❑ New Revenue Source
❑ Use of Reserves ✓ Other: Assessments
Strategic Plan Relevance:
✓ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment
❑ Operational Effectiveness ❑ Community Inclusiveness ✓ Infrastructure & Asset Mgmt.
The assessments are one of the funding sources of the approved project funding plan for the
proposed infrastructure improvements of the Dennis -McClelland Area neighborhood.
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G7
Background
There are a total of 205 assessable residential properties within the project area. An independent
appraisal firm was hired to ascertain an opinion of special benefit received by properties within the
neighborhood project area. The appraisal report confirmed that the rates are reasonable.
• Residential
o Pavement Rehabilitation Rate = $3,450/unit
o Full Reconstruction Rate = 6,600/unit
A virtual informational presentation/meeting will be held for residents prior to the Assessment
Hearing to answer questions pertaining to assessments, improvements and processes. Prior to the
informational presentation/meeting, residents will be informed of their final assessment amount by
mail.
Budget Information
The estimated total project cost, based off of the awarded construction contract and indirect costs, is
$8,109,315. The contract was awarded to Veit & Company by the City Council on May 11, 2020. Veit
& Company was the lowest responsible bidder. See the table below for project cost recovery.
PROJECT COST RECOVERY
REVENUES
ESTABLISHED FUNDING
PLAN
% OF TOTAL
FUNDING
G.O. IMPROVEMENT BONDS
$2,591,375.00
32%
SANITARY SEWER FUND
$ 589,457.00
7%
ENVIRONMENTAL UTILITY
FUND
$1,629,967.00
20%
SPECIAL BENEFIT
ASSESSMENT
$1,312,050.00
16%
SAINT PAUL REGIONAL WATER
$1,545,392.00
19%
W.A.C. FUND
$ 441,074.00
6%
TOTAL FUNDING
$8,109,315.00
100%
The estimated total project costs lie within the previously established project budget of $8,388,000
and has been reviewed by the Finance Director. A final budget adjustment will be made based on
final construction costs after construction is complete. No budget adjustments are recommended at
this time.
Assessment Discussion:
In the past, Assessment Hearings have typically been held at the same Council meetings as the
Award of Construction contracts. Given the uncertainty caused by the current COVID-19 situation,
the assessment hearing was separated from the Award of Contract meeting and delayed until fall of
2020. Staff is recommending accepting the Assessment Roll and Ordering the Assessment Hearing
to be held at the virtual council meeting on October 12, 2020.
On past projects, the assessment hearings were typically held in the spring of the year, with a 30 -
day interest-free payment period following immediately thereafter. After the interest-free period
lapsed, remaining assessment balances were subject to interest, dating back to the assessment
Packet Page Number 72 of 292
G7
hearing. In moving the assessment hearing to the fall, assessment payments to the City will be
accepted interest-free up to the time they are certified to Ramsey County in November of the year.
This will reduce the overall amount of the assessment for residents not paying in full during the
interest-free timeframe.
Proposed Schedule
The following table displays the timeline for City project 19-10.
Project Milestone
Date
Accept Feasibility Study, Order Public Hearing, Authorize Preparation of
Plans & Specifications
1/13/2020
Public Hearing & Order Improvement
2/10/2020
Approve Plans and Specifications, Authorize Advertisement for Bids,
Authorize Preparation of Assessment Roll
3/23/2020
Bid Opening
4/23/2020
Award Contract
5/11/2020
Begin Construction
May/June 2020
Accept Assessment Roll & Order Assessment Hearings
9/14/2020
Assessment Hearin
10/12/2020
Adopt Revised Assessment Roll
10/26/2020
Assessments Certified to Ramsey County
November 2020
Complete Construction 11
November 2020
Attachments
1. Resolution Accepting Assessment Roll and Ordering Assessment Hearing
2. Pending Assessment Roll
3. Project Location Map
Packet Page Number 73 of 292
G7, Attachment 1
RESOLUTION
ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING
WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council,
prepared an assessment roll for the Dennis -McClelland Area Street Improvements, City Project
19-10, and the said assessment roll is on file in the office of the City Engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 12th day of October 2020, at 7:00 p.m. to pass
upon such proposed assessment and at such time and place all persons owning property
affected by such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing,
and to mail notices to the owner of all property affected by said assessment.
The notice of hearing shall state the date, time and place of hearing, the general nature
of the improvement, the area to be assessed, that the proposed assessment roll is on file with
the Clerk and City Engineer and that written or oral objections will be considered.
Approved this 14th day of September 2020.
Packet Page Number 74 of 292
Final Assessement Roll
Dennis McClelland Area Street Improvements
City Project 19-10
ParcellD SiteAddress
12822130001 2619 MAYER LN N
12822130002 2611 MAYER LN N
12822130003 2603 MAYER LN N
12822130004 2593 MAYER LN N
12822130005 2585 MAYER LN N
12822130006 2577 MAYER LN E
12822130007 2567 MAYER LN N
12822130008 2555 MAYER LN N
12822130009 2545 MAYER LN N
12822130010 2539 MAYER LN N
12822130011 2531 MAYER LN E
12822130012 2525 MAYER LN N
12822130013 2517 MAYER LN N
12822130014 2509 MAYER LN N
12822130015 100 FERNDALE ST N
12822130016 92 FERNDALE ST N
12822130017 84 FERNDALE ST N
12822130018 78 FERNDALE ST N
12822130019 70 FERNDALE ST N
12822130020 64 FERNDALE ST N
12822130021 56 FERNDALE ST N
12822130022 48 FERNDALE ST N
12822130023 42 FERNDALE ST N
12822130024 34 FERNDALE ST N
12822130025 28 FERNDALE ST N
12822130026 22 FERNDALE ST N
12822130027 16 FERNDALE ST N
12822130029 2598 MAYER LN N
12822130030 91 FERNDALE ST N
12822130031 83 FERNDALE ST N
12822130032 77 FERNDALE ST N
12822130033 69 FERNDALE ST N
12822130034 63 FERNDALE ST N
12822130035 55 FERNDALE ST N
12822130036 47 FERNDALE ST N
12822130037 41 FERNDALE ST N
12822130038 33 FERNDALE ST N
12822130039 27 FERNDALE ST N
12822130040 21 FERNDALE ST N
12822130041 15 FERNDALE ST N
1282213004416 MCCLELLAND ST N
12822130045 22 MCCLELLAND ST N
Assessable Parcels
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
G7, Attachment 2
Total Assessment
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
$6,600.00
Packet Page Number 75 of 292
G7, Attachment 2
12822130046 28 MCCLELLAND ST N
1
$6,600.00
12822130047 34 MCCLELLAND ST N
1
$6,600.00
12822130048 42 MCCLELLAND ST N
1
$6,600.00
12822130049 48 MCCLELLAND ST N
1
$6,600.00
12822130050 56 MCCLELLAND ST N
1
$6,600.00
12822130051 64 MCCLELLAND ST N
1
$6,600.00
12822130052 70 MCCLELLAND ST N
1
$6,600.00
12822130053 78 MCCLELLAND ST N
1
$6,600.00
12822130054 84 MCCLELLAND ST N
1
$6,600.00
12822130055 92 MCCLELLAND ST N
1
$6,600.00
12822130056 2576 MAYER LN N
1
$6,600.00
12822130057 2566 MAYER LN N
1
$6,600.00
12822130058 93 MCCLELLAND ST N
1
$6,600.00
12822130059 87 MCCLELLAND ST N
1
$6,600.00
12822130060 81 MCCLELLAND ST N
1
$6,600.00
12822130061 75 MCCLELLAND ST N
1
$6,600.00
12822130062 67 MCCLELLAND ST N
1
$6,600.00
12822130063 61 MCCLELLAND ST N
1
$6,600.00
12822130064 55 MCCLELLAND ST N
1
$6,600.00
12822130065 47 MCCLELLAND ST N
1
$6,600.00
12822130066 41 MCCLELLAND ST N
1
$6,600.00
12822130067 33 MCCLELLAND ST N
1
$6,600.00
12822130068 27 MCCLELLAND ST N
1
$6,600.00
12822130069 21 MCCLELLAND ST N
1
$6,600.00
12822130070 15 MCCLELLAND ST N
1
$6,600.00
12822130073 16 ODAY ST N
1
$6,600.00
12822130074 22 ODAY ST N
1
$6,600.00
12822130075 28 ODAY ST N
1
$6,600.00
12822130076 34 ODAY ST N
1
$6,600.00
12822130077 42 ODAY ST N
1
$6,600.00
12822130078 48 ODAY ST N
1
$6,600.00
12822130079 56 ODAY ST N
1
$6,600.00
12822130080 62 ODAY ST N
1
$6,600.00
12822130081 70 ODAY ST N
1
$6,600.00
12822130082 76 ODAY ST N
1
$6,600.00
12822130083 82 ODAY ST N
1
$6,600.00
12822130084 88 ODAY ST N
1
$6,600.00
12822130085 94 ODAY ST N
1
$6,600.00
12822130086 2554 MAYER LN N
1
$6,600.00
12822130087 2538 MAYER LN N
1
$6,600.00
12822130088 2530 MAYER LN N
1
$6,600.00
12822130089 2524 MAYER LN N
1
$6,600.00
12822130090 2516 MAYER LN N
1
$6,600.00
12822130091 2508 MAYER LN N
1
$6,600.00
12822130092 2509 JAMES DR E
1
$6,600.00
12822130093 2517 JAMES DR E
1
1
$6,600.00
12822130094 2525 JAMES DR E
1
$6,600.00
Packet Page Number 76 of 292
G7, Attachment 2
12822130095 2531 JAMES DR E
1
$6,600.00
12822130096 2539 JAMES DR E
1
$6,600.00
12822130097 2508 JAMES DR E
1
$6,600.00
12822130098 2518 JAMES DR E
1
$6,600.00
12822130099 2526 JAMES DR E
1
$6,600.00
12822130100 71 ODAY ST N
1
$6,600.00
12822130101 63 ODAY ST N
1
$6,600.00
12822130102 57 ODAY ST N
1
$6,600.00
12822130103 49 ODAY ST N
1
$6,600.00
12822130104 43 ODAY ST N
1
$6,600.00
12822130105 35 ODAY ST N
1
$6,600.00
12822130106 29 ODAY ST N
1
$6,600.00
12822130107 23 ODAY ST N
1
$6,600.00
12822130108 17 ODAY ST N
1
$6,600.00
12822130110 8 STERLING ST N
1
$3,450.00
12822130111 18 STERLING ST N
1
$3,450.00
12822130112 28 STERLING ST N
1
$3,450.00
12822130113 38 STERLING ST N
1
$3,450.00
12822130114 46 STERLING ST N
1
$3,450.00
12822130115 52 STERLING ST N
1
$3,450.00
12822130116 58 STERLING ST N
1
$3,450.00
12822130117 53 STERLING ST N
1
$3,450.00
12822130118 49 STERLING ST N
1
$3,450.00
12822130119 41 STERLING ST N
1
$3,450.00
12822130120 35 STERLING ST N
1
$3,450.00
12822130121 27 STERLING ST N
1
$3,450.00
12822130122 21 STERLING ST N
1
$3,450.00
12822140008 2625 MAYER LN N
1
$6,600.00
12822140009 2633 MAYER LN N
1
$6,600.00
12822140010 2639 MAYER LN N
1
$6,600.00
12822140011 2647 MAYER LN E
1
$6,600.00
12822140012 2653 MAYER LN N
1
$6,600.00
12822140013 2661 MAYER LN E
1
$6,600.00
12822140014 2667 MAYER LN N
1
$6,600.00
12822140015 2673 MAYER LN N
1
$6,600.00
12822140016 2681 MAYER LN N
1
$6,600.00
12822140017 2689 MAYER LN N
1
$6,600.00
12822140018 2695 MAYER LN E
1
$6,600.00
12822140019 2701 MAYER LN N
1
$6,600.00
12822140020 2709 MAYER LN N
1
$6,600.00
12822140021 84 MAYHILL RD N
1
$6,600.00
12822140022 70 MAYHILL RD N
1
$6,600.00
12822140023 64 MAYHILL RD N
1
$6,600.00
12822140024 56 MAYHILL RD N
1
$6,600.00
12822140025 48 MAYHILL RD N
1
$6,600.00
12822140026 42 MAYHILL RD N
1
$6,600.00
12822140027 34 MAYHILL RD N
1
$6,600.00
Packet Page Number 77 of 292
G7, Attachment 2
12822140028 28 MAYHILL RD N
1
$6,600.00
12822140029 22 MAYHILL RD N
1
$6,600.00
12822140030 16 MAYHILL RD N
1
$6,600.00
12822140032 2670 MAYER LN N
1
$6,600.00
12822140033 2686 MAYER LN N
1
$6,600.00
12822140034 2692 MAYER LN N
1
$6,600.00
12822140035 2704 MAYER LN N
1
$6,600.00
12822140036 83 MAYHILL RD N
1
$6,600.00
12822140037 77 MAYHILL RD N
1
$6,600.00
12822140038 69 MAYHILL RD N
1
$6,600.00
12822140039 63 MAYHILL RD N
1
$6,600.00
12822140040 55 MAYHILL RD N
1
$6,600.00
12822140041 47 MAYHILL RD N
1
$6,600.00
12822140042 41 MAYHILL RD N
1
$6,600.00
12822140043 33 MAYHILL RD N
1
$6,600.00
12822140044 27 MAYHILL RD N
1
$6,600.00
12822140045 21 MAYHILL RD N
1
$6,600.00
12822140046 15 MAYHILL RD N
1
$6,600.00
12822140049 16 FARRELL ST N
1
$6,600.00
12822140050 22 FARRELL ST N
1
$6,600.00
12822140051 28 FARRELL ST N
1
$6,600.00
12822140052 34 FARRELL ST N
1
$6,600.00
12822140053 42 FARRELL ST N
1
$6,600.00
12822140054 48 FARRELL ST N
1
$6,600.00
12822140055 56 FARRELL ST N
1
$6,600.00
12822140056 64 FARRELL ST N
1
$6,600.00
12822140057 70 FARRELL ST N
1
$6,600.00
12822140058 78 FARRELL ST N
1
$6,600.00
12822140059 84 FARRELL ST N
1
$6,600.00
12822140060 92 FARRELL ST N
1
$6,600.00
12822140061 2656 MAYER LN N
1
$6,600.00
12822140062 91 FARRELL ST N
1
$6,600.00
12822140063 83 FARRELL ST N
1
$6,600.00
12822140064 77 FARRELL ST N
1
$6,600.00
12822140065 69 FARRELL ST N
1
$6,600.00
12822140066 63 FARRELL ST N
1
$6,600.00
12822140067 55 FARRELL ST N
1
$6,600.00
12822140068 47 FARRELL ST N
1
$6,600.00
12822140069 41 FARRELL ST N
1
$6,600.00
12822140070 33 FARRELL ST N
1
$6,600.00
12822140071 27 FARRELL ST N
1
$6,600.00
12822140072 21 FARRELL ST N
1
$6,600.00
12822140073 15 FARRELL ST N
1
$6,600.00
12822140076 16 DENNIS LN N
1
$6,600.00
12822140077 22 DENNIS LN N
1
$6,600.00
12822140078 28 DENNIS LN N
1
$6,600.00
12822140079 34 DENNIS LN N
1
$6,600.00
Packet Page Number 78 of 292
G7, Attachment 2
12822140080 42 DENNIS LN N
1
$6,600.00
12822140081 48 DENNIS LN N
1
$6,600.00
12822140082 56 DENNIS LN N
1
$6,600.00
12822140083 64 DENNIS LN N
1
$6,600.00
12822140084 70 DENNIS LN N
1
$6,600.00
12822140085 78 DENNIS LN
1
$6,600.00
12822140086 84 DENNIS LN N
1
$6,600.00
12822140087 92 DENNIS LN N
1
$6,600.00
12822140088 2650 MAYER LN N
1
$6,600.00
12822140089 2630 MAYER LN N
1
$6,600.00
12822140090 91 DENNIS LN N
1
$6,600.00
12822140091 83 DENNIS LN E
1
$6,600.00
12822140092 77 DENNIS LN N
1
$6,600.00
12822140093 69 DENNIS LN N
1
$6,600.00
12822140094 63 DENNIS LN N
1
$6,600.00
12822140095 55 DENNIS LN N
1
$6,600.00
12822140096 47 DENNIS LN N
1
$6,600.00
12822140097 41 DENNIS LN N
1
$6,600.00
12822140098 33 DENNIS LN N
1
$6,600.00
12822140099 27 DENNIS LN N
1
$6,600.00
12822140100 21 DENNIS LN N
1
$6,600.00
12822140101 15 DENNIS LN N
1
$6,600.00
$1,312,050.00
Residential Full Reconstruction Unit Assessment Rate $6,600.00
Pavement Rehabilitation Unit Assessment Rate $3,450.00
Packet Page Number 79 of 292
G7, Attachment 3
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Packet Page Number 80 of 292
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Packet Page Number 80 of 292
G8
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Steven Love, Public Works Director / City Engineer
Jon Jarosch, Assistant City Engineer
Tyler Strong, Civil Engineer I
PRESENTER: Steven Love
AGENDA ITEM: Resolution Accepting Assessment Roll and Ordering Assessment Hearing
for October 12, 2020, Schaller Area Pavement Rehabilitation, City Project
19-11
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
City Council will consider approving the Resolution Accepting Assessment Roll and Ordering
Assessment Hearing for October 12, 2020, Schaller Area Pavement Rehabilitation, City Project 19-
11.
Recommended Action:
Motion to approve the Resolution Accepting Assessment Roll and Ordering Assessment Hearing,
for the Schaller Area Pavement Rehabilitation, City Project 19-11.
Fiscal Impact:
Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $769,350.00 (Total
Assessment Amount)
Financing source(s): ✓ Adopted Budget ❑ Budget Modification ❑ New Revenue Source
❑ Use of Reserves ✓ Other: Assessments
Strategic Plan Relevance:
✓ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment
❑ Operational Effectiveness ❑ Community Inclusiveness ✓ Infrastructure & Asset Mgmt.
The assessments are one of the funding sources of the approved project funding plan for the
proposed infrastructure improvements of the Schaller Area neighborhood.
Packet Page Number 81 of 292
G8
Background
There are a total of 222 assessable residential properties within the project area. An independent
appraisal firm was hired to ascertain an opinion of special benefit received by properties within the
neighborhood project area. The appraisal report confirmed that the rates are reasonable.
• Residential
o Pavement Rehabilitation Rate = $3,450/unit
A virtual informational presentation/meeting will be held for residents prior to the Assessment
Hearing to answer questions pertaining to assessments, improvements and processes. Prior to the
informational presentation/meeting, residents will be informed of the final assessment amount by
mail.
Budget Information
The total estimated project cost, including construction costs and indirect costs is $1,684,307. The
contract was awarded to Northwest Asphalt Inc. by the City Council on May 11, 2020. Northwest
Asphalt Inc. was the lowest responsible bidder. See the table below for the previously approved
project funding plan.
Estimated Funding Plan
FUNDING SOURCE
TOTAL
AMOUNT
% OF TOTAL
PROJECT
GAS FRANCHISE FEES
$633,384.00
38%
SPECIAL BENEFIT ASSESSMENTS
$765,900.00
45%
ENVIRONMENTAL UTILITY FUND
$154,396.00
9%
SANITARY SEWER FUND
$73,866.00
4%
W.A.C. FUND
$56,761.00
3%
TOTAL FUNDING
$1,684,307.00
100%
The estimated project costs lie within the previously established project budget of $2,032,000 and
has been reviewed by the Finance Director. A final budget adjustment will be made based on final
construction costs after construction is complete. No budget adjustments are recommended at this
time.
Assessment Discussion:
In the past, Assessment Hearings have typically been held at the same Council meetings as the
Award of Construction contracts. Given the uncertainty caused by the current COVID-19 situation,
the assessment hearing was separated from the Award of Contract meeting and delayed until fall of
2020. Staff is recommending accepting the Assessment Roll and Ordering the Assessment Hearing
to be held at the virtual council meeting on October 12, 2020.
On past projects, the assessment hearings were typically held in the spring of the year, with a 30 -
day interest-free payment period following immediately thereafter. After the interest-free period
lapsed, remaining assessment balances were subject to interest, dating back to the assessment
hearing. In moving the assessment hearing to the fall, assessment payments to the City will be
accepted interest-free up to the time they are certified to Ramsey County in November of this year.
This will reduce the overall amount of the assessment for residents not paying in full during the
interest-free timeframe.
Packet Page Number 82 of 292
G8
Proposed Schedule
The following table displays the timeline for City project 19-11.
Project Milestone
Date
Accept Feasibility Study, Order Public Hearing, Authorize Preparation of
Plans & Specifications
1/13/2020
Public Hearing & Order Improvement
2/24/2020
Approve Plans and Specifications, Authorize Advertisement for Bids,
Authorize Preparation of Assessment Roll
3/23/2020
Bid Opening
4/24/2020
Award Contract
5/11/2020
Begin Construction
May/June 2020
Accept Assessment Roll & Order Assessment Hearings
9/12/2020
Complete Construction
September 2020
Assessment Hearing
10/14/2020
Adopt Revised Assessment Roll
10/26/2020
Assessments Certified to Ramsey County
November 2020
Attachments
1. Resolution Accepting Assessment Roll and Ordering Assessment Hearing
2. Pending Assessment Roll
3. Project Location Map
Packet Page Number 83 of 292
G8, Attachment 1
RESOLUTION
ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING
WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council,
prepared an assessment roll for the Schaller Area Pavement Rehabilitation, City Project 19-11,
and the said assessment roll is on file in the office of the City Engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 12th day of October 2020, at 7:00 p.m. to pass
upon such proposed assessment and at such time and place all persons owning property
affected by such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing,
and to mail notices to the owner of all property affected by said assessment.
The notice of hearing shall state the date, time and place of hearing, the general nature
of the improvement, the area to be assessed, that the proposed assessment roll is on file with
the Clerk and City Engineer and that written or oral objections will be considered.
Approved this 14th day of September 2020.
Packet Page Number 84 of 292
G8, Attachment 2
Final Assessment Roll
Schaller Area Pavement Rehabilitation
City Project 19-11
ParcellD
SiteAddress
Assessable Parcels
Total Assessment
132822130056
873 ODAY ST S
1
$3,450.00
132822130057
865 ODAY ST S
1
$3,450.00
132822130058
857 ODAY ST S
1
$3,450.00
132822130059
2531 SCHALLER DR E
1
$3,450.00
132822130060
2539 SCHALLER DR E
1
$3,450.00
132822130061
2547 SCHALLER DR E
1
$3,450.00
132822130062
2555 SCHALLER DR E
1
$3,450.00
132822130063
2563 SCHALLER DR E
1
$3,450.00
132822130064
2571 SCHALLER DR E
1
$3,450.00
132822130065
2579 SCHALLER DR E
1
$3,450.00
132822130066
2587 SCHALLER DR E
1
$3,450.00
132822130067
2595 SCHALLER DR E
1
$3,450.00
132822130068
2603 SCHALLER DR E
1
$3,450.00
132822130069
2611 SCHALLER DR E
1
$3,450.00
132822130070
2610 SCHALLER DR E
1
$3,450.00
132822130071
2602 SCHALLER DR E
1
$3,450.00
132822130072
2594 SCHALLER DR E
1
$3,450.00
132822130073
2586 SCHALLER DR E
1
$3,450.00
132822130075
2528 SCHALLER DR E
1
$3,450.00
132822130076
2520 SCHALLER DR E
1
$3,450.00
132822130077
2512 SCHALLER DR E
1
$3,450.00
132822130081
2580 SCHALLER DR E
1
$3,450.00
132822130083
2504 SCHALLER DR E
1
$3,450.00
132822130087
858 ODAY ST S
1
$3,450.00
132822210003
2377 DAHL AVE E
1
$3,450.00
132822210007
2379 LINWOOD CT E
1
$3,450.00
132822210008
2389 LINWOOD CT E
1
$3,450.00
132822210009
2399 LINWOOD CT E
1
$3,450.00
132822210010
2409 LINWOOD CT E
1
$3,450.00
132822210011
2419 LINWOOD CT E
1
$3,450.00
132822210012
2431 LINWOOD CT E
1
$3,450.00
132822210013
2441 LINWOOD CT E
1
$3,450.00
132822210014
2450 LINWOOD CT E
1
$3,450.00
132822210015
2440 LINWOOD CT E
1
$3,450.00
132822210016
2430 LINWOOD CT E
1
$3,450.00
132822210017
2420 LINWOOD CT E
1
$3,450.00
132822210018
2410 LINWOOD CT E
1
$3,450.00
132822210019
2400 LINWOOD CT E
1
$3,450.00
132822210020
2390 LINWOOD CT E
1
$3,450.00
132822210025
840 CRESTVIEW DR S
1
$3,450.00
132822210026
830 CRESTVIEW DR S
1
$3,450.00
132822210027
820 CRESTVIEW DR S
1
$3,450.00
132822210028
810 CRESTVIEW DR S
1
$3,450.00
132822210029
800 CRESTVIEW DR S
1
$3,450.00
Packet Page Number 85 of 292
G8, Attachment 2
132822210030
790 CRESTVIEW DR S
1
$3,450.00
132822210031
780 CRESTVIEW DR S
1
$3,450.00
132822210032
781 CRESTVIEW DR S
1
$3,450.00
132822210033
791 CRESTVIEW DR S
1
$3,450.00
132822210034
801 CRESTVIEW DR S
1
$3,450.00
132822210035
841 CRESTVIEW DR S
1
$3,450.00
132822220013
2263 DAHL AVE E
1
$3,450.00
132822220014
2271 DAHL AVE E
1
$3,450.00
132822220015
2279 DAHL AVE E
1
$3,450.00
132822220016
2287 DAHL AVE E
1
$3,450.00
132822220017
2295 DAHL AVE E
1
$3,450.00
132822220018
2303 DAHL AVE E
1
$3,450.00
132822220019
2311 DAHL AVE E
1
$3,450.00
132822220020
2319 DAHL AVE E
1
$3,450.00
132822220021
2308 DAHL CT E
1
$3,450.00
132822220022
2300 DAHL CT E
1
$3,450.00
132822220023
2298 DAHL CT E
1
$3,450.00
132822220024
2296 DAHL CT E
1
$3,450.00
132822220025
2294 DAHL CT E
1
$3,450.00
132822220026
2286 DAHL AVE E
1
$3,450.00
132822220027
2278 DAHL AVE E
1
$3,450.00
132822220028
2270 DAHL AVE E
1
$3,450.00
132822220029
2262 DAHL AVE E
1
$3,450.00
132822220033
2307 TIMBER TRL E
1
$3,450.00
132822220035
2321 TIMBER TRL E
1
$3,450.00
132822220036
2320 TIMBER TRL E
1
$3,450.00
132822220037
2314 TIMBER TRL E
1
$3,450.00
132822220038
2306 TIMBER TRL E
1
$3,450.00
132822220041
2321 DAHL AVE E
1
$3,450.00
132822220042
2331 DAHL AVE E
1
$3,450.00
132822220043
2341 DAHL AVE E
1
$3,450.00
132822220044
760 DORLAND RD S
1
$3,450.00
132822220045
770 DORLAND RD S
1
$3,450.00
132822220046
780 DORLAND RD S
1
$3,450.00
132822220047
790 DORLAND RD S
1
$3,450.00
132822220048
800 DORLAND RD S
1
$3,450.00
132822220049
810 DORLAND RD S
1
$3,450.00
132822220050
820 DORLAND RD S
1
$3,450.00
132822220051
765 DORLAND RD S
1
$3,450.00
132822220052
775 DORLAND RD S
1
$3,450.00
132822220053
799 DORLAND RD S
1
$3,450.00
132822220055
2360 DAHL AVE E
1
$3,450.00
132822220056
2366 DAHL AVE E
1
$3,450.00
132822220057
2372 DAHL AVE E
1
$3,450.00
132822220058
2380 DAHL AVE E
1
$3,450.00
132822220059
2383 DAHL AVE E
1
$3,450.00
132822220062
2359 DAHL AVE E
1
$3,450.00
132822220063
2353 DAHL AVE E
1
$3,450.00
132822220064
12347 DAHL AVE E
1
$3,450.00
132822220070
12380 LINWOOD CT E
1
$3,450.00
Packet Page Number 86 of 292
G8, Attachment 2
132822220074
2370 LINWOOD CT E
1
$3,450.00
132822220075
2360 LINWOOD CT E
1
$3,450.00
132822220077
830 DORLAND RD S
1
$3,450.00
132822220078
840 DORLAND RD S
1
$3,450.00
132822220079
839 DORLAND RD S
1
$3,450.00
132822220081
819 DORLAND RD S
1
$3,450.00
132822220084
2371 DAHL AVE E
2
$6,900.00
132822220085
811 CRESTVIEW DR S
1
$3,450.00
132822220086
821 CRESTVIEW DR S
1
$3,450.00
132822220087
831 CRESTVIEW DR S
1
$3,450.00
132822220088
2315 TIMBER TRL E
1
$3,450.00
132822220093
829 DORLAND RD S
1
$3,450.00
132822230010
2264 PHYLIS CT E
1
$3,450.00
132822230011
2272 PHYLIS CT E
1
$3,450.00
132822230012
2280 PHYLIS CT E
1
$3,450.00
132822230013
2288 PHYLIS CT E
1
$3,450.00
132822230014
2296 PHYLIS CT E
1
$3,450.00
132822230015
2304 PHYLIS CT E
1
$3,450.00
132822230016
2312 PHYLIS CT E
1
$3,450.00
132822230017
2313 PHYLIS CT E
1
$3,450.00
132822230018
2305 PHYLIS CT E
1
$3,450.00
132822230019
2297 PHYLIS CT E
1
$3,450.00
132822230020
2289 PHYLIS CT E
1
$3,450.00
132822230021
2281 PHYLIS CT E
1
$3,450.00
132822230022
2273 PHYLIS CT E
1
$3,450.00
132822230023
2265 PHYLIS CT E
1
$3,450.00
132822230024
2260 TIMBER TRL E
1
$3,450.00
132822230025
2268 TIMBER TRL E
1
$3,450.00
132822230026
2276 TIMBER TRL E
1
$3,450.00
132822230027
2284 TIMBER TRL E
1
$3,450.00
132822230028
2290 TIMBER TRL E
1
$3,450.00
132822230029
2298 TIMBER TRL E
1
$3,450.00
132822230030
2297 TIMBER TRL E
1
$3,450.00
132822230031
2269 TIMBER TRL E
1
$3,450.00
132822230032
2261 TIMBER TRL E
1
$3,450.00
132822230033
2262 VALLEY VIEW AVE E
1
$3,450.00
132822230035
2311 VALLEY VIEW AVE E
1
$3,450.00
132822230036
2301 VALLEY VIEW AVE E
1
$3,450.00
132822230037
919 SCHALLER DR E
1
$3,450.00
132822230038
929 SCHALLER DR S
1
$3,450.00
132822230039
939 SCHALLER DR S
1
$3,450.00
132822230040
949 SCHALLER DR S
1
$3,450.00
132822230041
959 SCHALLER DR S
1
$3,450.00
132822230042
920 SCHALLER DR S
1
$3,450.00
132822230043
2317 VALLEY VIEW CT E
1
$3,450.00
132822230044
2321 VALLEY VIEW CT E
1
$3,450.00
132822230045
2329 VALLEY VIEW CT E
1
$3,450.00
132822230046
2328 VALLEY VIEW CT E
1
$3,450.00
132822230047
12320 VALLEY VIEW CT E
1
$3,450.00
132822230048
12316 VALLEY VIEW CT E
1
$3,450.00
Packet Page Number 87 of 292
G8, Attachment 2
132822230049
950 SCHALLER DR S
1
$3,450.00
132822230059
955 CURRIE CT S
1
$3,450.00
132822230060
945 CURRIE CT S
1
$3,450.00
132822230061
935 CURRIE CT S
1
$3,450.00
132822230062
936 CURRIE CT S
1
$3,450.00
132822230063
946 CURRIE CT S
1
$3,450.00
132822230064
956 CURRIE CT S
1
$3,450.00
132822230065
2261 VALLEY VIEW AVE E
1
$3,450.00
132822230066
2271 VALLEY VIEW AVE E
1
$3,450.00
132822230067
2277 VALLEY VIEW AVE E
1
$3,450.00
132822230068
2285 VALLEY VIEW AVE E
1
$3,450.00
132822230069
2293 VALLEY VIEW AVE E
1
$3,450.00
132822230070
2270 VALLEY VIEW AVE E
1
$3,450.00
132822230071
2278 VALLEY VIEW AVE E
1
$3,450.00
132822230072
2286 VALLEY VIEW AVE E
1
$3,450.00
132822230073
2294 VALLEY VIEW AVE E
1
$3,450.00
132822230076
870 LAKEWOOD DR S
1
$3,450.00
132822230077
880 LAKEWOOD DR S
1
$3,450.00
132822230079
855 LAKEWOOD DR S
1
$3,450.00
132822230080
865 LAKEWOOD DR S
1
$3,450.00
132822230081
875 LAKEWOOD DR S
1
$3,450.00
132822230082
885 LAKEWOOD DR S
1
$3,450.00
132822230083
889 SCHALLER DR S
1
$3,450.00
132822230084
890 SCHALLER DR S
1
$3,450.00
132822230085
900 SCHALLER DR S
1
$3,450.00
132822230086
910 SCHALLER DR S
1
$3,450.00
132822230087
888 LAKEWOOD CT S
1
$3,450.00
132822230088
910 LAKEWOOD CT S
1
$3,450.00
132822230089
920 LAKEWOOD CT S
1
$3,450.00
132822230090
930 LAKEWOOD CT S
1
$3,450.00
132822230091
927 LAKEWOOD CT S
1
$3,450.00
132822230092
917 LAKEWOOD CT S
1
$3,450.00
132822230093
907 LAKEWOOD CT S
1
$3,450.00
132822230094
2360 TIMBER AVE E
1
$3,450.00
132822230095
2359 TIMBER AVE E
1
$3,450.00
132822240037
879 CRESTVIEW DR S
1
$3,450.00
132822240038
873 CRESTVIEW DR S
1
$3,450.00
132822240039
867 CRESTVIEW DR S
1
$3,450.00
132822240040
861 CRESTVIEW DR S
1
$3,450.00
132822240041
855 CRESTVIEW DR S
1
$3,450.00
132822240042
849 CRESTVIEW DR S
1
$3,450.00
132822240043
2401 SCHALLER DR E
1
$3,450.00
132822240044
2392 TIMBER AVE E
1
$3,450.00
132822240045
2402 TIMBER AVE E
1
$3,450.00
132822240046
2412 TIMBER AVE E
1
$3,450.00
132822240047
2422 TIMBER AVE E
1
$3,450.00
132822240048
2432 TIMBER AVE E
1
$3,450.00
132822240049
2442 TIMBER AVE E
1
$3,450.00
132822240050
12439 TIMBER AVE E
1
$3,450.00
132822240051
12429 TIMBER AVE E
1
$3,450.00
Packet Page Number 88 of 292
G8, Attachment 2
132822240052
2413 TIMBER AVE E
1
$3,450.00
132822240053
2403 TIMBER AVE E
1
$3,450.00
132822240054
856 CRESTVIEW DR
S
1
$3,450.00
132822240055
850 CRESTVIEW DR
S
1
$3,450.00
132822240056
2384 SCHALLER
DR
E
1
$3,450.00
132822240057
2394 SCHALLER
DR
E
1
$3,450.00
132822240058
2404 SCHALLER
DR
E
1
$3,450.00
132822240059
2412 SCHALLER
DR
E
1
$3,450.00
132822240060
2420 SCHALLER
DR
E
1
$3,450.00
132822240061
2428 SCHALLER
DR
E
1
$3,450.00
132822240062
2436 SCHALLER
DR
E
1
$3,450.00
132822240063
2444 SCHALLER
DR
1
$3,450.00
132822240064
2452 SCHALLER
DR
E
1
$3,450.00
132822240065
2460 SCHALLER
DR
E
1
$3,450.00
132822240066
2468 SCHALLER
DR
E
1
$3,450.00
132822240067
2476 SCHALLER
DR
E
1
$3,450.00
132822240068
2484 SCHALLER
DR
E
1
$3,450.00
132822240071
2413 SCHALLER
DR
E
1
$3,450.00
132822240072
2421 SCHALLER
DR
E
1
$3,450.00
132822240073
2429 SCHALLER
DR
E
1
$3,450.00
132822240074
2437 SCHALLER
DR
E
1
$3,450.00
132822240075
2445 SCHALLER
DR
E
1
$3,450.00
132822240088
899 MARNIE CIR
S
1
$3,450.00
132822240089
893 MARNIE CIR
S
1
$3,450.00
132822240090
885 MARNIE CIR
S
1
$3,450.00
132822240091
882 MARNIE CIR
S
1
$3,450.00
132822240092
890 MARNIE CIR
S
1
$3,450.00
132822240093
898 MARNIE CIR
S
1
$3,450.00
$769,350.00
Residental Pavement Rehabilitation Unit Assessment Rate $3,450.00
Packet Page Number 89 of 292
G8, Attachment 3
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0 C D Vista Hills Z 1. CRESTVIEW
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PROPOSED STREET IMPROVEMENT
Schaller Area Pavement Rehabilitation
Project Location Map
City Project 19-11
Packet Page Number 90 of 292
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G9
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Steven Love, Public Works Director / City Engineer
Jon Jarosch, Assistant City Engineer
Tyler Strong, Civil Engineer I
PRESENTER: Steven Love
AGENDA ITEM: Resolution Accepting Assessment Roll and Ordering Assessment Hearing
for October 12, 2020, County Road B & Arcade Street Improvements, City
Project 19-22
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
City Council will consider approving the Resolution Accepting Assessment Roll and Ordering
Assessment Hearing for October 12, 2020, County Road B & Arcade Street Improvements, City
Project 19-22.
Recommended Action:
Motion to approve the Resolution Accepting Assessment Roll and Ordering Assessment Hearing,
for the County Road B & Arcade Street Improvements, City Project 19-22.
Fiscal Impact:
Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $726,350.00 (Total
Assessment Amount)
Financing source(s): ✓ Adopted Budget ❑ Budget Modification ❑ New Revenue Source
❑ Use of Reserves ✓ Other: Assessments
Strategic Plan Relevance:
✓ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment
❑ Operational Effectiveness ❑ Community Inclusiveness ✓ Infrastructure & Asset Mgmt.
The assessments are one of the funding sources of the approved project funding plan for the
proposed infrastructure improvements of the County Road B & Arcade Street neighborhood.
Packet Page Number 91 of 292
G9
Background
There are a total of 93 residential/commercial properties within the project area. An independent
appraisal firm was hired to ascertain an opinion of special benefit received by properties within the
neighborhood project area. The appraisal report noted that two of the commercial properties
needed to have their assessment amounts reduced. This is reflected in the final assessment roll.
The remainder of the assessments were deemed reasonable.
Residential
o Pavement Rehabilitation Rate = $3,450/unit
o Full Reconstruction Rate = 6,600/unit
A virtual informational presentation/meeting will be held for residents prior to the Assessment
Hearing to answer questions pertaining to assessments, improvements and processes. Prior to the
informational presentation/meeting, residents will be informed of the final assessment amount by
mail.
Budget Information
The total estimated project costs, including indirect costs and contingencies, is $5,267,140,
approximately $218,000 above the approved financing plan of $5,048,900. The majority of this
overage is due to a change in watermain installation procedures due to the COVID-19 situation
and will be funded through Saint Paul Regional Water Services. The contract was awarded to
Valley Paving Inc. by the City Council on May 11, 2020. Valley Paving Inc. was the lowest
responsible bidder. The updated financing plan, based off of bid pricing and the increased SPRWS
costs, is shown below.
The estimated project costs and funding plan have been reviewed by the Finance Director. A final
budget adjustment will be made based on final construction costs after construction is complete.
No budget adjustments are recommended at this time.
Assessment Discussion:
In the past, Assessment Hearings have typically been held at the same Council meetings as the
Award of Construction contracts. Given the uncertainty caused by the current COVID-19 situation,
Staff is recommending accepting the Assessment Roll and Ordering the Assessment Hearing to be
held at the virtual council meeting on October 12, 2020.
Packet Page Number 92 of 292
Estimated Project Cost Recovery
Revenues
Feasibility Funding Plan
% of Total Funding
G.O. Improvement Bonds
$
2,014,487.00
38%
Street Revitalization Fund
$
186,015.00
4%
Sanitary Sewer Fund
$
57,541.00
1%
Environmental Utility Fund
$
386,274.00
7%
Special Benefit Assessment
$
726,350.00
14%
Saint Paul Regional Water
$
1,120,856.00
21%
W.A.C. Fund
$
399,493.00
8%
Xcel Energy
$
376,124.00 1
7%
Total Funding
$
5,267,140.00 1
100%
The estimated project costs and funding plan have been reviewed by the Finance Director. A final
budget adjustment will be made based on final construction costs after construction is complete.
No budget adjustments are recommended at this time.
Assessment Discussion:
In the past, Assessment Hearings have typically been held at the same Council meetings as the
Award of Construction contracts. Given the uncertainty caused by the current COVID-19 situation,
Staff is recommending accepting the Assessment Roll and Ordering the Assessment Hearing to be
held at the virtual council meeting on October 12, 2020.
Packet Page Number 92 of 292
G9
On past projects, the assessment hearings were typically held in the spring of the year, with a 30 -
day interest-free payment period following immediately thereafter. After the interest-free period
lapsed, remaining assessment balances were subject to interest, dating back to the assessment
hearing. In moving the assessment hearing to the fall, assessment payments to the City will be
accepted interest-free up to the time they are certified to Ramsey County in November of the year.
This will reduce the overall amount of the assessment for residents not paying in full during the
interest-free timeframe.
Proposed Schedule
The following table displays the timeline for City project 19-22.
Project Milestone
Date
Accept Feasibility Study, Order Public Hearing, Authorize Preparation of
Plans & Specifications
1/13/2020
Public Hearing & Order Improvement
2/10/2020
Approve Plans and Specifications, Authorize Advertisement for Bids,
Authorize Preparation of Assessment Roll
3/23/2020
Bid Opening
4/20/2020
Award Contract
5/11/2020
Begin Construction
May/June 2020
Accept Assessment Roll & Order Assessment Hearings
9/14/2020
Assessment Hearing,
10/12/2020
Adopt Revised Assessment Roll
10/26/2020
Assessments Certified to Ramsey County
November 2020
Complete Construction
November 2020
Attachments
1. Resolution Accepting Assessment Roll and Ordering Assessment Hearing
2. Pending Assessment Roll
3. Project Location Map
Packet Page Number 93 of 292
G9, Attachment 1
RESOLUTION
ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING
WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council,
prepared an assessment roll for the County Road B & Arcade Street Improvements, City Project
19-22, and the said assessment roll is on file in the office of the City Engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 12th day of October 2020, at 7:00 p.m. to pass
upon such proposed assessment and at such time and place all persons owning property
affected by such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing,
and to mail notices to the owner of all property affected by said assessment.
The notice of hearing shall state the date, time and place of hearing, the general nature
of the improvement, the area to be assessed, that the proposed assessment roll is on file with
the Clerk and City Engineer and that written or oral objections will be considered.
Approved this 14th day of September 2020.
Packet Page Number 94 of 292
G9, Attachment 2
Final Assessment Roll
County Road B & Arcade Street Improvements
City Project 19-22
ParcellD SiteAddress
Assessable Units
Total Assessment Amount
92922330014 0 ARCADE ST
1
$6,600.00
162922220026 0 BURKE CT E
1
$6,600.00
82922440030 0 COUNTY ROAD B E
1
$6,600.00
172922120017 0 COUNTY ROAD B E
1
$6,600.00
172922410076 1859 ARCADE ST N
1
$6,600.00
172922410075 1863 ARCADE ST N
1
$6,600.00
172922410074 1865 ARCADE ST N
1
$6,600.00
172922410073 1869 ARCADE ST N
1
$6,600.00
172922410072 1875 ARCADE ST N
1
$6,600.00
172922410071 1885 ARCADE ST N
1
$6,600.00
172922410001 1915 ARCADE ST N
1
$31,600.00
172922140081 1925 ARCADE ST N
1
$1,800.00
172922140078 1941 ARCADE ST N
1
$6,600.00
172922140076 1942 KENWOOD DR E
2
$13,200.00
172922140077 1949 ARCADE ST N
1
$6,600.00
172922140085 1975 ARCADE ST N
2
$13,200.00
172922140073 2001 ARCADE ST N
1
$6,600.00
162922220015 2008 ARCADE ST N
1
$6,600.00
172922140072 2009 ARCADE ST N
1
$6,600.00
162922220014 2010 ARCADE ST N
1
$6,600.00
172922140071 2017 ARCADE ST N
1
$6,600.00
162922220013 2020 ARCADE ST N
1
$6,600.00
172922140084 2025 ARCADE ST N
1
$6,600.00
162922220012 2048 ARCADE ST N
1
$6,600.00
162922220011 2050 ARCADE ST N
1
$6,600.00
162922220010 2060 ARCADE ST N
1
$6,600.00
172922110090 2071 ARCADE ST N
1
$6,600.00
162922220009 2080 ARCADE ST N
1
$6,600.00
172922110077 2083 ARCADE ST N
1
$6,600.00
162922220008 2090 ARCADE ST N
1
$6,600.00
162922220007 2100 ARCADE ST N
1
$6,600.00
162922220006 2112 ARCADE ST N
1
$6,600.00
162922220005 2126 ARCADE ST N
1
$6,600.00
162922220019 2128 ARCADE ST N
1
$6,600.00
92922330013 2134 ARCADE ST N
1
$6,600.00
92922330012 2138 ARCADE ST N
1
$6,600.00
92922330011 2140 ARCADE ST N
1
$6,600.00
172922110002 2141 ARCADE ST N
1
$6,600.00
92922330010 2142 ARCADE ST N
1
$6,600.00
92922330009 2144 ARCADE ST N
1
$6,600.00
82922440018 2147 ARCADE ST N
1
$6,600.00
92922330007 2150 ARCADE ST N
1
$6,600.00
Packet Page Number 95 of 292
G9, Attachment 2
172922120020 2150 EDGERTON ST N
0.5
$3,300.00
172922110001 2151 ARCADE ST N
1
$6,600.00
172922110011 2151 KENWOOD DR E
1
$6,600.00
82922440019 2153 ARCADE ST N
1
$6,600.00
82922440020 2155 ARCADE ST N
1
$6,600.00
92922330006 2158 ARCADE ST N
1
$6,600.00
92922330005 2160 ARCADE ST N
1
$6,600.00
82922440021 2161 ARCADE ST N
1
$6,600.00
82922440022 2165 ARCADE ST N
1
$6,600.00
82922430049 2165 KENWOOD CT N
1
$6,600.00
92922330004 2168 ARCADE ST N
1
$6,600.00
92922330003 2170 ARCADE ST N
1
$6,600.00
82922440004 2171 ARCADE ST N
1
$6,600.00
82922440003 2175 ARCADE ST N
1
$6,600.00
92922330002 2180 ARCADE ST N
1
$6,600.00
82922440002 2185 ARCADE ST N
1
$3,450.00
92922330001 2190 ARCADE ST N
1
$3,450.00
82922440001 2195 ARCADE ST N
1
$3,450.00
92922320004 2200 ARCADE ST N
1
$3,450.00
172922120019 608 COUNTY ROAD B E
1
$6,600.00
82922430034 611 COUNTY ROAD B E
1
$40,600.00
172922120018 618 COUNTY ROAD B E
1
$6,600.00
82922430033 625 COUNTY ROAD B E
1
$6,600.00
172922120016 628 COUNTY ROAD B E
1
$6,600.00
82922430032 635 COUNTY ROAD B E
1
$6,600.00
172922120015 636 COUNTY ROAD B E
1
$6,600.00
172922120011 644 COUNTY ROAD B E
1
$6,600.00
82922430016 647 COUNTY ROAD B E
1
$6,600.00
82922430015 669 COUNTY ROAD B E
1
$6,600.00
172922120003 678 COUNTY ROAD B E
1
$6,600.00
172922120002 688 COUNTY ROAD B E
1
$6,600.00
172922120001 696 COUNTY ROAD B E
1
$6,600.00
172922110018 714 COUNTY ROAD B E
1
$6,600.00
172922110017 720 COUNTY ROAD B E
1
$6,600.00
82922440013 725 COUNTY ROAD B E
1
$6,600.00
172922110016 730 COUNTY ROAD B E
1
$6,600.00
82922440014 735 COUNTY ROAD B E
1
$6,600.00
172922110015 738 COUNTY ROAD B E
1
$6,600.00
82922440024 739 COUNTY ROAD B E
1
$6,600.00
82922440023 741 COUNTY ROAD B E
1
$6,600.00
172922110014 746 COUNTY ROAD B E
1
$6,600.00
172922110013 752 COUNTY ROAD B E
1
$6,600.00
82922440016 759 COUNTY ROAD B E
1
$54,450.00
172922110012 760 COUNTY ROAD B E
1
$6,600.00
82922440048 811 COUNTY ROAD B E
1
$6,600.00
82922440049 813 COUNTY ROAD B E
3
$19,800.00
162922220025 840 BURKE CT E
1
$6,600.00
Packet Page Number 96 of 292
G9, Attachment 2
92922330018
845 BURKE CT E
1
$6,600.00
162922220003
850 BURKE CT E
1
$6,600.00
92922330019
855 BURKE CT E
1
$6,600.00
162922220024
860 BURKE CT E
1
$6,600.00
Totals:
96.5
$726,350.00
Residential Full Reconstruction Unit Assessment Rate: $6,600.00
Residential Pavement Rehabilitation Unit Assessment Rate: $3,450.00
Arlington Hills Methodist Church - 759 County Road B
Total Commercial Assessment: $54,450.00
Trinity Baptist Church - 611 County Road B
Total Commercial Assessment: $40,600.00
North Metro Automotive -1925 Arcade Street
Total Commercial Assessment: $1,800.00
Keller Lake Apartments -1915 Arcade Street
Total Townhome Assessment: $31,600.00
Packet Page Number 97 of 292
G9, Attachment 3
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PROPOSED STREET IMPROVEMENT NO SCALE
County Road B and Arcade Street Improvements
Project Location Map
City Project 19-22
Packet Page Number 98 of 292
G10
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Steven Love, Public Works Director / City Engineer
Jon Jarosch, Assistant City Engineer
PRESENTER: Steven Love
AGENDA ITEM: Resolution Directing Modification of Existing Construction Contract,
Change Order No. 1, Dennis -McClelland Area Improvements, City Project
19-10
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
City Council will consider approving the attached resolution Directing Modification of the Existing
Construction Contract, Change Order No. 1, Dennis -McClelland Area Improvements, City Project
19-10.
Recommended Action:
Motion to approve resolution Directing Modification of the Existing Construction Contract, Change
Order No. 1, Dennis -McClelland Area Improvements, City Project 19-10 and authorize the Mayor
and City Manager to sign Change Order No. 1.
Fiscal Impact:
Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $119,514.75.
Financing source(s): ✓ Adopted Budget ❑ Budget Modification ❑ New Revenue Source
❑ Use of Reserves ❑ Other: Approval of Change Order No. 1 will
increase the project construction contract amount by $119,514.75 from $6,582,236.23 to
$6,701,750.98. The revised contract amount, including indirect costs, falls within the approved
budget of $8,388,000. No adjustments to the approved budget are necessary at this time.
Strategic Plan Relevance:
❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment
❑ Operational Effectiveness ❑ Community Inclusiveness ✓ Infrastructure & Asset Mgmt.
This infrastructure improvement project was previously identified in the City's Capital Improvement
Plan and includes the full reconstruction of the Dennis -McClelland Area streets and utilities.
Packet Page Number 99 of 292
G10
Background
The City Council awarded a construction contract to Veit & Company, Inc. for the Dennis -
McClelland Area Improvements, City Project 19-10, in the amount of $6,582,236.23. The project
improvements include full reconstruction of area streets, the replacement of the watermain system,
repairs to the sanitary sewer system, and major upgrades and expansions of the storm sewer
system.
Change Order No. 1 proposes to increase the construction contract by $119,514.75 to cover costs
associated with procedural changes in watermain installations necessary due to the Covid-19
Pandemic. On a typical project, Saint Paul Regional Water Services (SPRWS) personnel enter into
homes to turn water on and off during watermain replacement. The Covid-19 situation required
procedural changes to this process for the safety of residents and SPRWS personnel alike. Instead
of entering into homes, the water service needed to be turned on and off at the curb -stop valve in
the boulevard areas, which required digging down in these locations to connect and disconnect
temporary water services. It also required the services to be temporarily frozen to accommodate the
connection. This work was also in close proximity to the newly installed Xcel Energy gas mains,
which required additional time and effort by the Contractor to complete. Neither the freezing of the
services or additional time due to working around new Xcel gas mains could have been anticipated
at the time of bidding.
Change Order No. 1 raises the construction contract to $6,701,750.98. No changes to the project
budget are required at this time. Additional costs associated with the freezing of the water service
lines will be reimbursed by SPRWS. Costs associated with the additional time for working around
Xcel gas mains are anticipated to be recovered through the Covid-19 reimbursement funding. A
review of the project budget will occur after all construction activities are completed and final
payment is requested. Any changes to the overall project budget would be requested at that time.
Attachments
1. Change Order No. 1
2. Resolution Directing Modification of Existing Construction Contract, Change Order No.1
Packet Page Number 100 of 292
G10, Attachment 1
CHANGE ORDER #1
Project Name: Dennis -McClelland Area Improvements Change Order No.: #1
Project No.: 19-10 Date: 9/4/2020
Contractor: Veit and Company, Inc.
The following changes shall be made to the contract documents:
Description Unit Quantity
Unit Price
Total
1. Private Utility Impacts due to Covid-19 Each 57
$1,096.75
$62,514.75
2. Freezing of Service Lines due to Covid-19 Each 57
$1,000
$57,000
TOTAL:
$119,514.75
Purpose of Change Order
Amend Contract to account for the following:
• Costs associated with additional time and procedure changes due to the impacts of the Covid-19
Pandemic.
Basis of Cost: ® Actual ❑ Estimated
Original Contract: $6,582,236.23
Change This Change Order: $119,514.75
Revised (Final) Contract: $6,701,750.98
Approved
Mayor
Approved
City Manager
Recommended
Agreed to by Contractor by
Its
Engineer
Title
Packet Page Number 101 of 292
G10, Attachment 2
RESOLUTION
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT,
PROJECT 19-10, CHANGE ORDER NO. 1
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
Dennis -McClelland Area Improvements, City Project 19-10, and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Dennis -McClelland Area Improvements, City Project 19-10, Change Order No.
1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
Minnesota, that
1. The Mayor, City Manager, and City Engineer are hereby authorized and directed to
modify the existing contract by executing said Change Order No. 1 which is an
increase of $119,514.75.
The revised contract amount is $6,701,750.98
Adopted by the Maplewood City Council on this 14th day of September 2020.
Packet Page Number 102 of 292
G11
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Jeff Thomson, Community Development Director
PRESENTER: Jeff Thomson, Community Development Director
AGENDA ITEM: Tax Increment Financing and Business Subsidy Agreement for Maple
Ridge Center
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ❑ Resolution ❑ Ordinance ✓ Contract/Agreement ❑ Proclamation
Policy Issue:
The EDA and the city have received a Tax Increment Financing (TIF) application from the property
owner of Maple Ridge Center at 2501 White Bear Avenue. The application requests TIF assistance
for public infrastructure improvements that will be completed for a new HyVee grocery store,
convenience store, and gas station.
Recommended Action:
Motion to approve the Contract for Private Redevelopment with SUSO 4 Mapleridge, LP.
Fiscal Impact:
Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $500,000
Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source
❑ Use of Reserves ✓ Other: The EDA would issue a Tax Increment
Revenue Note to the property owner in the amount of $500,000. The assistance would reimburse
the property owner for public infrastructure improvements at White Bear Avenue and Gervais
Avenue. The $500,000 would be paid from the tax increment generated by the private
improvements being constructed by the property owner and HyVee. It is expected that the note will
be paid off in 8.5 years.
Strategic Plan Relevance:
❑ Financial Sustainability ❑ Integrated Communication ✓ Targeted Redevelopment
❑ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt.
The TIF and Business Subsidy Agreement to support public infrastructure improvements will
facilitate reinvestment in Maple Ridge Center which has a deteriorating condition and a significant
amount of vacancy as a result of losing several anchor tenants.
Packet Page Number 103 of 292
G11
Background:
Application
The city and the EDA have received a TIF application from the property owner of Maple Ridge
Center, SUSO 4 Mapleridge, which is managed by Slate Asset Management in Toronto, Ontario.
SUSO would retain ownership of the property and will have a lease with HyVee to locate a grocery
store, liquor store, and new freestanding gas station and convenience store on the property. Under
the terms of the lease between HyVee and the property owner, the owner is responsible for certain
costs associated with the project.
The application includes a request for TIF assistance for public improvements associated with the
project, which include access and intersection improvements on White Bear Avenue and Gervais
Avenue. The improvements on White Bear Avenue include moving the access drive 80 feet to the
south to align with the access point for the properties on the east side of White Bear Ave and
signalizing the intersection. The improvements on Gervais include consolidating the three existing
access points to two access points, restriping, and reconstructing center medians. The estimated
cost of the public infrastructure improvements is more than $1 million. The EDA would therefore
provide reimbursement for less than half of the total costs of the improvements.
Business Subsidy Agreement
Prior to the city council meeting on September 14t", the Economic Development Authority will meet
to consider approval of the Contract for Private Redevelopment with the property owner which
outlines the amount and terms of the financial assistance. Under the terms of the agreement, the
EDA will issue a pay-as-you-go tax increment revenue note in the amount of $500,000 to reimburse
the property owner for the construction of public infrastructure improvements. The EDA will pledge
90% of the tax increment from the TIF district to pay on the note.
The $500,000 in TIF assistance provided in the redevelopment agreement is a business subsidy
and is therefore subject to the requirements of the Business Subsidy Act and Maplewood's
Business Subsidy Policy. The Contract, therefore, includes a business subsidy agreement, which
requires approval by both the EDA and the City Council. The purpose of the business subsidy is to
assist redevelopment of the property, and the assistance will be targeted to reimbursement of the
costs of public infrastructure improvements designed to increase access to the property from White
Bear Avenue and Gervais Avenue. Assistance will be paid as tax increment is collected on the
increased value of the property after completion of rehabilitation of the former Rainbow Foods
grocery store and its reuse as a HyVee grocery store as well as the construction of a new gas
station and convenience store at the site. It is anticipated that the assistance will be paid over a
period of approximately eight years. The business subsidy agreement requires the creation of at
least 100 new full-time jobs at a minimum wage of $10.50 per hour, exclusive of benefits. The
businesses must remain in operation for a minimum of five years. Failure to achieve these goals
could result in the repayment of some or all of the business subsidy.
Attachments:
1. Contract for Private Redevelopment
Packet Page Number 104 of 292
G11, Attachment 1
CONTRACT
FOR
PRIVATE REDEVELOPMENT
By and Between
THE MAPLEWOOD ECONOMIC DEVELOPMENT AUTHORITY
and
SUSO 4 MAPLERIDGE, LP
This document drafted by:
KENNEDY & GRAVEN, CHARTERED (RHB)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
MA745-27-670582.v2
DRAFT
8/27/20
Packet Page Number 105 of 292
G11, Attachment 1
TABLE OF CONTENTS
PAGE
PREAMBLE....................................................................................................................................1
ARTICLE I
Definitions
SectionL L
Definitions................................................................................................................2
Section1.2.
Exhibits...................................................................................................................4
Section 1.3.
Rules of Interpretation............................................................................................5
ARTICLE II
Representations and Warranties
Section 2.1.
Representations by MEDA......................................................................................5
Section 2.2.
Representations and Warranties by the Redeveloper...............................................6
ARTICLE III
Redevelopment Assistance
Section 3.1.
Issuance of Pay -As -You -Go Note...........................................................................6
Section 3.2.
Conditions Precedent to Issuance of Note...............................................................7
Section3.3.
Records....................................................................................................................7
Section 3.4.
Terms, Execution and Delivery of Note..................................................................8
Section 3.5
Preparation and Delivery.........................................................................................9
Section3.6
Security Provisions..................................................................................................9
ARTICLE IV
Construction of Minimum Improvements, Infrastructure
Improvements and Site Improvements
Section 4.1.
Construction of Minimum Improvements.............................................................10
Section 4.2.
Commencement and Completion of Construction.................................................10
Section 4.3.
Certificate of Completion......................................................................................10
Section 4.4.
Reconstruction of Minimum Improvements..........................................................10
Section 4.5.
Infrastructure Improvements and Site Improvements............................................10
ARTICLE V
Business Subsidy
Section 5.1.
Compliance with Business Subsidy Provisions....................................................11
Section 5.2.
Job and Wage Goals; Qualified Facility..................................................................1
l
Section5.3.
Remedies................................................................................................................12
Section5.4
Reports...................................................................................................................12
I
MA745-27-670582.v2
Packet Page Number 106 of 292
G11, Attachment 1
ARTICLE VI
Payment of Taxes, Use of Tax Increment
Section6.1. Taxes......................................................................................................................13
Section 6.2. Right to Collect Delinquent Taxes.........................................................................13
Section 6.3. Use of Tax Increment.............................................................................................13
ARTICLE VII
Restrictions on Sale of Minimum Improvements
Section 7.1. Prohibition Against Sale of Minimum Improvements...........................................13
ARTICLE VIII
Events of Default
Section 8.1.
Events of Default Defined.....................................................................................14
Section 8.2.
Remedies on Default..............................................................................................14
Section 8.3.
No Remedy Exclusive............................................................................................15
Section 8.4.
No Additional Waiver Implied by One Waiver.....................................................15
ARTICLE IX
Additional Provisions
Section 9.1.
Conflict of Interests; Representatives Not Individually Liable .............................15
Section 9.2.
Restriction of Use.................................................................................................16
Section 9.3.
Notices and Demands............................................................................................16
Section9.4.
Counterparts...........................................................................................................16
Section 9.5.
Disclaimer of Relationships...................................................................................16
Section9.6.
Amendment............................................................................................................17
Section9.7.
Recording...............................................................................................................17
Section 9.8.
Release and Indemnification Covenants................................................................17
Section 9.9.
Titles of Articles and Sections...............................................................................17
Section 9.10.
Governing Law; Venue..........................................................................................17
TESTIMONIUM............................................................................................................................18
SIGNATURES.........................................................................................................................
18-19
EXHIBIT A LEGAL DESCRIPTION OF THE REDEVELOPMENT PROPERTY
EXHIBIT B DEPICTION OF THE REDEVELOPMENT PROPERTY AND
MINIMUM IMPROVEMENTS
EXHIBIT C DEPICTION OF INFRASTRUCTURE IMPROVEMENTS
EXHIBIT D FORM OF CERTIFICATE OF COMPLETION
EXHIBIT E FORM OF NOTE
EXHIBIT F FORM OF INVESTMENT LETTER
ii
MA745-27-670582.v2
Packet Page Number 107 of 292
G11, Attachment 1
CONTRACT FOR PRIVATE REDEVELOPMENT
This Contract for Private Redevelopment (the "Agreement") is made this day of
2020, by and between the Maplewood Economic Development Authority, a public body
corporate and politic under the laws of Minnesota, having its principal office at 1830 County
Road B E, Maplewood, Minnesota 55109-2702 ("Maplewood Economic Development Authority"
or "MEDA"), and SUSO 4 Mapleridge, LP, a limited partnership under the laws of
, having its principal office at
(the "Redeveloper").
WITNESSETH:
WHEREAS, MEDA finds there to exist within its commercial areas buildings that have a
blighting influence on surrounding properties and are structurally substandard due to their poor
physical condition or functional obsolescence and which, because of those conditions, threaten the
health, safety and welfare of the community; and
WHEREAS, MEDA finds that it is in the public interest, helpful for the tax base and
beneficial for the health, safety and welfare of the community as a whole to rehabilitate structurally
substandard buildings and to make private and public infrastructure improvements which will
enhance the attractiveness of its commercial areas; and
WHEREAS, MEDA finds that, due to market conditions which exist today and are likely
to persist for the foreseeable future, the private sector alone is not able to accomplish
redevelopment of the type needed and, therefore, such will not occur without public intervention;
and
WHEREAS, in order to foster the type of redevelopment described above, the city of
Maplewood established Development District No. 1 and adopted a Development District Program
to implement the goals and objectives thereof, all pursuant to Minnesota Statutes, sections 469.124
through 469.134; and
WHEREAS, to implement the goals of the Program, MEDA established Tax Increment
Financing District No. 1-14 and adopted a tax increment financing plan related thereto, all pursuant
to Minnesota Statutes, sections 469.174 through 469.1799; and
WHEREAS, the Redeveloper has proposed to redevelop the property located at 2501 White
Bear Avenue through a project which MEDA believes is in the vital and best interests of
Maplewood and the health, safety and welfare of its residents, and in accord with the public
purposes and provisions of the applicable state and local laws and requirements for which
Development District No. 1 and Tax Increment Financing District No. 1-14 were established.
NOW, THEREFORE, in consideration of the covenants and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
1
MA745-27-670582.v2
Packet Page Number 108 of 292
G11, Attachment 1
ARTICLE I
Definitions
Section 1.1. Definitions. In this Agreement the following terms shall have the meanings
given unless a different meaning clearly appears from the context:
"Administrative Costs" means the administrative expenses incurred by MEDA as defined
in section 469.174, subd. 14 of the TIF Act;
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Assessor" means the county assessor of Ramsey County.
"Available Tax Increment" means 90 percent of the Tax Increment paid to MEDA by the
County with respect to the Redevelopment Property and the Minimum Improvements.
"Business Subsidy Act" means Minnesota Statutes, sections 116J.993 through 116J.995,
as amended.
"Certificate of Completion" means the certificate, in substantially the form attached hereto
as Exhibit D, which will be provided to the Redeveloper pursuant to Article IV of this Agreement.
"City" means the City of Maplewood, a municipal corporation under the laws of
Minnesota.
"City Development Districts Act" means Minnesota Statutes, sections 469.124 through
469.134, as amended.
"County" means Ramsey County, Minnesota.
"Development District" means the City's Development No. 1.
"Development District Program" or "Program" means the plan for development and
redevelopment of Development District No. 1, which was most recently modified by the City on
August 10, 2020.
"Economic Development Authorities Act" or "EDA Act" means Minnesota Statutes,
sections 469.090 through 469.108, as amended.
"Event of Default" means an action by the Redeveloper or MEDA listed in Article VIII of
this Agreement.
"Housing and Redevelopment Authorities Act" or "HRA Act" means Minnesota Statutes
sections 469.001 through 469.047, as amended.
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"HyVee" means HyVee, Inc., an Iowa corporation, which will constrict the Minimum
Improvements and be a tenant in same.
"Infrastructure Improvements" means realigning the principal vehicular access point to the
Redevelopment Property on White Bear Avenue approximately 80 feet to the south to align with
an access point to the properties on the east side of White Bear Avenue, signalizing the new
intersection, making any other improvements to White Bear Avenue required by the County and
relocating the access points to the Redevelopment Property on Gervais Avenue, all of which are
to be constructed by the Redeveloper as depicted on Exhibit C attached hereto.
"Maplewood Economic Development Authority" or "MEDA" has the meaning set forth in
the preamble of this Agreement.
"Maturity Date" means the date the Note has been paid in full or terminated, whichever is
earlier.
"Minimum Improvements" means rehabilitation of the former Rainbow grocery store and
reusing that space for a new grocery store to be occupied by HyVee and the construction of a new
gas station and convenience store on the Redevelopment Property by HyVee. After completion of
the Minimum Improvements, the term shall mean the Redevelopment Property as improved by the
Minimum Improvements. The Minimum Improvements are generally depicted on Exhibit B
attached hereto.
"Note" means the taxable Tax Increment Revenue Note, in substantially the form attached
hereto as Exhibit E, to be delivered by MEDA to the Redeveloper pursuant to Article III of this
Agreement.
"Qualifying Costs" means the cost of the Infrastructure Improvements and Site
Improvements and other eligible expenditures, in an amount not to exceed $500,000, made by the
Redeveloper related to completion of the Minimum Improvements which MEDA intends to
partially reimburse through issuance of the Note.
"Redeveloper" has the meaning set forth in the preamble of this Agreement.
"Redevelopment Assistance" means the financial assistance to be offered by MEDA to the
Redeveloper through issuance of the Note.
"Redevelopment Property" means the property at 2501 White Bear Avenue, generally
located in the northwest quadrant of White Bear Avenue and Gervais Avenue and upon which the
Minimum Improvements will be constructed. The property is legally described in Exhibit A and
depicted on Exhibit B attached hereto.
"Sale" means any conveyance or transfer of fee simple title to the Minimum Improvements
or the Redevelopment Property, as more fully defined in Article VII of this Agreement.
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"Site Improvements" means the repaving of the parking lot, installation or relocation of
utilities and other improvements to the Redevelopment Property to be made by the Redeveloper
in support of construction of the Minimum Improvements.
"State" means the state of Minnesota.
"Subdivision Agreement" means an agreement between the Redeveloper and the City
regarding the construction of the Infrastructure Improvements and other matters related to the land
use and development approvals which have or will be granted by the City regarding the Minimum
Improvements.
"Substantial Completion" means completion of the Minimum Improvements to a degree
allowing the issuance of a certificate of occupancy by the City's building official.
"Tax Increment" means the tax increment, as that term is defined in Minnesota Statutes,
section 469.174, subd. 25, which is paid to MEDA by the County with respect to the
Redevelopment Property and the Minimum Improvements.
"Tax Increment Financing Act" or "TIF Act" means Minnesota Statutes, sections 469.174
through 469.1799, as amended.
"Tax Increment Financing District" or "TIF District" means MEDA's Tax Increment
Financing District No. 1-14.
"Tax Increment Financing Plan" or "TIF Plan" means the tax increment plan for Tax
Increment Financing District No. 1-14 which was approved by MEDA and the City on August 10,
2020.
"Tax Official" means the Assessor, County auditor, County or state board of equalization,
the commissioners of revenue of the State, or any State or federal district court, the tax court of
the State, or the State Supreme Court.
"Termination Date" means the date Tax Increment Financing District No. 1-14 terminates,
which is estimated to be after 25 years after the date of receipt of the first increment, or the date
the Note has been paid through Available Tax Increment or terminated, whichever occurs first.
"Unavoidable Delays" means delays which are the direct result of unanticipated adverse
weather conditions; strikes or other labor troubles; fire or other casualty to the Minimum
Improvements; litigation commenced by third parties which, by injunction or other similar judicial
action, directly results in delays; or, except those of MEDA or the City reasonably contemplated
by this Agreement, any acts or omissions of any federal, State or local governmental unit which
directly result in delays in construction of the Minimum Improvements.
Section 1.2. Exhibits. The following exhibits are attached to and by reference made a part
of this Agreement:
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Exhibit A. Legal description of the Redevelopment Property
Exhibit B. Depiction of the Redevelopment Property and Minimum Improvements
Exhibit C. Depiction of the Infrastructure Improvements
Exhibit D. Form of Certificate of Completion
Exhibit E. Form of Note
Exhibit F. Form of Investment Letter
Section 1.3. Rules of Interpretation. (a) This Agreement shall be interpreted in accordance
with and governed by the laws of Minnesota.
(b) The words "herein" and "hereof' and words of similar import, without reference to
any particular section or subdivision, refer to this Agreement as a whole rather than any particular
section or subdivision hereof.
(c) References herein to any particular section or subdivision hereof are to the section
or subdivision of this Agreement as originally executed.
(d) Any titles of the several parts, articles and sections of this Agreement are inserted
for convenience and reference only and shall be disregarded in construing or interpreting any of
its provisions.
ARTICLE II
Representations and Warranties
Section 2.1. Representations by MEDA. MEDA makes the following representations as
the basis for the undertaking on its part herein contained:
(a) MEDA is an economic development authority duly organized and existing under
the EDA Act and also having the powers of a housing and redevelopment authority under the HRA
Act and of a city under the City Development Districts Act. MEDA has the authority to enter into
this Agreement and carry out its obligations hereunder.
(b) The individuals executing this Agreement and related agreements and documents
on behalf of MEDA have the authority to do so and to bind MEDA by their actions.
(c) TIF District No. 1-14 is a redevelopment tax increment financing district within the
meaning of the TIF Act and was created, adopted and approved in accordance with the TIF Act.
(d) There are no previous agreements to which MEDA is a party pertaining to the
Redevelopment Property which would preclude the parties from entering into this Agreement or
which would impede the fulfillment of the terms and conditions of this Agreement.
(e) The activities of MEDA pursuant to this Agreement are undertaken pursuant to the
Program and TIF Plan and are for the purpose of assisting the redevelopment of the Redevelopment
Property.
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(f) MEDA will act in a timely manner to consider all approvals required under this
Agreement and will cooperate with the Redeveloper in seeking consideration by the City of any
additional approvals which must be granted by the City.
Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper makes
the following representations and warranties as the basis for the undertaking on its part herein
contained:
(a) The Redeveloper is a limited partnership validly existing under the laws of
. The Redeveloper has the authority to enter into this Agreement and carry
out its obligations hereunder.
(b) The persons executing this Agreement and related agreements and documents on
behalf of the Redeveloper have the authority to do so and to bind the Redeveloper by their actions.
(c) The Redeveloper and HyVee have executed a lease (the "Lease") for the
rehabilitation and occupancy of the Redevelopment Property as a grocery store for a term of at
least 15 years.
(d) The Redeveloper has analyzed the economics of the cost of the Infrastructural
Improvements and the Site Improvements and concluded that, absent the Redevelopment
Assistance to be offered under this Agreement, it would not undertake this project.
(e) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provisions of any limited liability company organizational documents or
any evidence of indebtedness, agreement or instrument of whatever nature to which the
Redeveloper is now a party or by which it is bound, or constitutes a default under any of the
foregoing.
(f) The Redeveloper is not ineligible under the Business Subsidy Act to receive the
business subsidy provided in this Agreement.
ARTICLE III
Redevelopment Assistance
Section 3.1. Issuance of Pay -As -You -Go Note. (a) In consideration of the Redeveloper
constructing the Infrastructure Improvements and the Site Improvements and to finance the
reimbursement of the Qualifying Costs, MEDA will issue and the Redeveloper will purchase the
Note in the principal amount not to exceed $500,000 and in substantially the form set forth in
Exhibit E attached hereto. The Note will bear simple, non -compounding interest at the rate of 5.0
percent per annum. MEDA and the Redeveloper agree that the consideration from the Redeveloper
for the purchase of the Note will consist of the Redeveloper's payment of the Qualifying Costs,
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and other expenditures which are eligible for reimbursement with Tax Increment and which are
incurred by the Redeveloper in at least the principal amount of the Note. MEDA will deliver the
Note upon satisfaction by the Redeveloper of all the conditions precedent specified in section 3.3
of this Agreement.
(b) The Redeveloper understands and acknowledges that MEDA makes no
representations or warranties regarding the amount of Available Tax Increment, or that revenues
pledged to the Note will be sufficient to pay the principal of and interest on the Note. Any
estimates of Tax Increment prepared by MEDA or its financial advisors in connection with the
TIF District or this Agreement are for the benefit of MEDA and are not intended as representations
on which the Redeveloper may rely.
Section 3.2. Conditions Precedent to Issuance of Note. Notwithstanding anything in this
Agreement to the contrary, MEDA shall not be obligated to issue the Note until all of the following
conditions precedent have been satisfied:
(a) MEDA and the Redeveloper have executed this Agreement;
(b) The Redeveloper and the City have entered into the Subdivision Agreement;
(c) HyVee has completed the Minimum Improvements;
(d) The Redeveloper has completed the Infrastructure Improvements and the Site
Improvements.
(e) The Redeveloper has submitted evidence it has paid for the Qualifying Costs,
including paid receipts and lien waivers, in an aggregate amount at least equal to the principal
amount of the Note;
(f) MEDA has issued the Certificate of Completion;
(g) The City has issued the Certificate of Occupancy;
(h) The Redeveloper is not ineligible for receiving a business subsidy under the Business
Subsidy Act;
(i) The Redeveloper has submitted the Investment Letter; and
0) There has been no Event of Default on the part of the Redeveloper which has not been
cured.
Section 3.3. Records. MEDA and its representatives will have the right at all reasonable
times after reasonable notice to inspect, examine and copy invoices paid by Redeveloper and/or
its general contractor relating to the Qualifying Costs for which the Redeveloper will be
reimbursed under the Note.
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Section 3.4. Terms, Execution and Delivery of Note.
(a) The Note will be issued as a single typewritten note numbered R-1. The Note will
be issuable only in fully registered form. Principal of and interest on the Note will be payable by
check or draft issued by the Registrar described herein.
(b) Principal of and interest on the Note will be payable by mail to the owner of record
thereof as of the close of business on the fifteenth day of the month preceding the Payment Date,
whether or not the day is a business day.
(c) MEDA hereby appoints MEDA's Executive Director to perform the functions of
registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the rights
and duties of MEDA and the Registrar with respect thereto will be as follows:
(i) The Registrar will keep at her office a bond register in which the Registrar
will provide for the registration of ownership of the Note and the registration of transfers
and exchanges of the Note.
(ii) Upon surrender for transfer of the Note duly endorsed by the registered
owner thereof or accompanied by a written instrument of transfer, in form reasonably
satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar will authenticate
and deliver, in the name of the designated transferee or transferees, a new Note of a like
aggregate principal amount and maturity, as requested by the transferor. Notwithstanding
the foregoing, the Note will not be transferred to any person other than an affiliate, or other
related entity, of the Owner unless MEDA has been provided with an investment letter in
a form substantially similar to the investment letter submitted by the Owner or a certificate
of the transferor, in a form satisfactory to MEDA, that the transfer is exempt from
registration and prospectus delivery requirements of federal and applicable state securities
laws. The Registrar may close the books for registration of any transfer after the fifteenth
day of the month preceding each Payment Date and until the Payment Date.
(iii) The Note surrendered upon any transfer will be promptly cancelled by the
Registrar and thereafter disposed of as directed by MEDA.
(iv) When the Note is presented to the Registrar for transfer, the Registrar may
refuse to transfer the same until she is satisfied that the endorsement on the Note or separate
instrument of transfer is legally authorized. The Registrar will incur no liability for her
refusal, in good faith, to make transfers which she, in her judgment, deems improper or
unauthorized.
(v) MEDA and the Registrar may treat the person in whose name the Note is at
any time registered in the bond register as the absolute owner of the Note, whether the Note
is overdue or not, for the purpose of receiving payment of, or on account of, the principal
of and interest on the Note and for all other purposes, and all the payments so made to any
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registered owner or upon the owner's order will be valid and effectual to satisfy and
discharge the liability of MEDA upon the Note to the extent of the sum or sums so paid.
(vi) For every transfer or exchange of the Note, the Registrar may impose a
charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or
other governmental charge required to be paid with respect to the transfer or exchange.
(vii) In case the Note becomes mutilated or be lost, stolen, or destroyed, the
Registrar will deliver a new Note of like amount, maturity dates and tenor in exchange and
substitution for and upon cancellation of the mutilated Note or in lieu of and in substitution
for the Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and
charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or
destroyed, upon filing with the Registrar of evidence satisfactory to it that the Note was
lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar
of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in
which both MEDA and the Registrar will be named as obligees. The Note so surrendered
to the Registrar will be cancelled by her and evidence of the cancellation will be given to
MEDA. If the mutilated, lost, stolen, or destroyed Note has already matured or been called
for redemption in accordance with its terms, it will not be necessary to issue a new Note
prior to payment.
Section 3.5. Preparation and Delivery. The Note will be prepared under the direction of
the Executive Director and will be executed on behalf of MEDA by the signatures of its President
and Executive Director. In case any officer whose signature appears on the Note ceases to be the
officer before the delivery of the Note, the signature will nevertheless be valid and sufficient for
all purposes, the same as if the officer had remained in office until delivery. When the Note has
been so executed, it will be delivered by MEDA to the Owner following the delivery of the
necessary items delineated in Section 3.3 of this Agreement.
Section 3.6. Security Provisions.
(a) MEDA hereby pledges to the payment of the principal of and interest on the Note
all Available Tax Increment as defined in the Note. Available Tax Increment will be applied to
payment of the principal of and interest on the Note in accordance with the terms of the Note.
(b) Until the date the Note is no longer outstanding and no principal thereof or interest
thereon remains unpaid, MEDA will maintain a separate and special "Bond Fund" to be used for
no purpose other than the payment of the principal of and interest on the Note. MEDA irrevocably
agrees to appropriate to the Bond Fund in each year Available Tax Increment. Any Available Tax
Increment remaining in the Bond Fund will be transferred to MEDA's account for the TIF District
upon the payment of all principal and interest to be paid with respect to the Note.
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ARTICLE IV
Construction of Minimum Improvements, Infrastructure
Improvements and Site Improvements
Section 4.1. Construction of Minimum Improvements. The Redeveloper agrees that it will
cause HyVee to construct the Minimum Improvements on the Redevelopment Property. The
Redeveloper must cause HyVee to invest a minimum of $5,361,476 in the rehabilitation of the
former Rainbow grocery store. The Redeveloper must cause HyVee to construct the gas station
and convenience store in accordance with all plans, specifications and approvals by the City. In
addition to the requirements of this Agreement, construction of the Minimum Improvements will
necessitate compliance with other reviews and approvals by the City and possibly other
governmental agencies and, to the extent such approvals have not already been obtained. The
Redeveloper agrees to cause HyVee to submit all applications for and pursue to their conclusion
all other approvals needed prior to constructing the Minimum Improvements. The Redeveloper
agrees to enter into the Subdivision Agreement with the City regarding the Infrastructure
Improvements.
Section 4.2. Commencement and Completion of Construction. Subject to Unavoidable
Delays, the Redeveloper shall cause HyVee to commence construction of the Minimum
Improvements by no later than December 31, 2020 and to complete the Minimum Improvements
by no later than December 31, 2021.
Section 4.3. Certificate of Completion. After Substantial Completion of the Minimum
Improvements in accordance with all terms of this Agreement and at the written request of the
Redeveloper, MEDA will, within 20 days thereafter, furnish a Certificate of Completion in the
form of Exhibit D attached hereto.
Section 4.4. Reconstruction of Minimum Improvements. If the Minimum Improvements
on the Redevelopment Property are damaged or destroyed before or after completion thereof and
issuance of a Certificate of Completion, but before the Termination Date, the Redeveloper agrees,
for itself and its successors and assigns, to reconstruct or cause the reconstruction of the Minimum
Improvements on the Redevelopment Property within two years of the date of the damage or
destruction. The Minimum Improvements shall be reconstructed in accordance with the original
construction plans, or such modifications thereto as may be agreed to by the City and MEDA. The
obligation to reconstruct the Minimum Improvements on the Redevelopment Property pursuant to
this section 4.4 shall end on the Termination Date.
Section 4.5. Infrastructure Improvements and Site Improvements. The Redeveloper agrees
to construct the Infrastructure Improvements and the Site Improvements in accordance with the
plans depicted on Exhibit C attached hereto. The Infrastructure Improvements and the Site
Improvements will be completed no later than December 31, 2021.
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ARTICLE V
Business Subsidy
Section 5.1. Compliance with Business Subsidy Provisions. The MEDA and the Redeveloper
agree and represent to each other as follows:
(a) The subsidy provided to the Redeveloper consists of reimbursement to the
Redeveloper of $500,000 for the Infrastructure Improvements and Site Improvements. The
total value of the business subsidy provided by MEDA to the Redeveloper is $500,000.
(b) The public purposes of the subsidy are to promote redevelopment of the
Redevelopment Property through construction of the Infrastructure Improvements and Site
Improvements, increase net jobs in the City and the State, and increase the tax base of the City
and the State.
(c) The goals for the subsidy are to secure construction of the Infrastructure
Improvements and Site Improvements in support of the Minimum Improvements; to maintain
the Minimum Improvements for at least five years as described in clause (f) below; and to
create the jobs and pay wage levels in accordance with sections 5.2(a) and (b).
(d) If the goals described in clause (c) above are not met, the Redeveloper must
make the payments to MEDA described in section 5.3.
(e) The subsidy is needed because the cost of the Infrastructure Improvements
and Site Improvements, and other needed improvements makes redevelopment of the
Redevelopment Property with the Minimum Improvements financially infeasible without
public assistance, all as determined by MEDA upon approval of the TIF Plan.
(f) The Redeveloper must cause HyVee to occupy and operate the Minimum
Improvements for at least five years after the date of issuance of the Certificate of Completion.
(g) The Redeveloper does not have a parent entity.
(h) The Redeveloper has not received, and does not expect to receive financial
assistance from any other grantor as defined in the Business Subsidy Act in connection with
construction of the Infrastructure Improvements or the Site Improvements.
Section 5.2. Job and Wage Goals; Qualified Facility. (a) Within two years after the date of
issuance of the Certificate of Completion (the "Compliance Date"), the Redeveloper shall cause
HyVee to create at least 100 new full-time jobs on the Redevelopment Property (excluding any jobs
previously existing in the State as of the date of this Agreement and relocated to this site) and shall
cause the wages for the 100 new full-time jobs to be no less than $10.50 per hour, exclusive of
benefits. Notwithstanding anything to the contrary herein, if the wage and job goals described in this
section 5.2(a) are met by the Compliance Date, those goals are deemed satisfied despite the
Redeveloper's continuing obligations under Sections 5.1(f), 5.2(b) and 5.4. MEDA may, after a
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public hearing, extend the Compliance Date by up to one year, provided that nothing in this Section
5.2 will be construed to limit MEDA's legislative discretion regarding this matter.
Section 5.3. Remedies. If the Redeveloper fails to meet the goals described in Section 5.1(c),
the Redeveloper shall repay to MEDA upon written demand from MEDA a pro rata share of the
business subsidy authorized under this Agreement, and interest on the subsidy at the implicit price
deflator as defined in Minnesota Statutes, section 275.50, subd. 2, accrued from the date of issuance
of the Certificate of Completion to the date of payment. The term pro rata share means percentages
calculated as follows:
(i) if the failure relates to the number of new jobs required under Section 5.2(a), the
new jobs required less the new jobs created, divided by the new jobs required;
(ii) if the failure relates to wage levels required under Sections 5.1(a) and (b), the
number of jobs with a required wage level less the number of jobs that meet the required wage
level, divided by the number of jobs with a required wage level;
(iii) if the failure relates to maintenance of the Minimum Improvements in accordance
with Section 5.1(f), 60 less the number of months of operation as the Minimum Improvements
(where any month in which the Minimum Improvements are in operation for at least 15 days
constitutes a month of operation), commencing on the date of the Certificate of Completion
and ending with the date the Minimum Improvements cease operation as determined by
MEDA, divided by 60; and
(iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable
percentages, not to exceed 100%.
Nothing in this Section 5.3 shall be construed to limit MEDA's remedies under Article VIII
hereof. In addition to the remedy described in this Section 5.3 and any other remedy available to
MEDA for failure to meet the goals stated in Section 5.1(c), the Redeveloper agrees and understands
that it may not a receive a business subsidy from MEDA or any grantor as defined in the Business
Subsidy Act for a period of five years from the date of the failure or until the Redeveloper satisfies its
repayment obligation under this Section 5.3, whichever occurs first.
Section 5.4. Reports. The Redeveloper must submit to MEDA a written report regarding
business subsidy goals and results by no later than March 1 of each year, commencing March 1, 2021
and continuing until the later of (i) the date the goals stated Section 5.1(c) are met; (ii) 30 days after
expiration of the five-year period described in Section 5.1(f); or (iii) if the goals are not met, the date
the subsidy is repaid in accordance with Section 5.3. The report must comply with section 116J.994,
subdivision 7 of the Business Subsidy Act. MEDA will provide information to the Redeveloper
regarding the required forms. If the Redeveloper fails to timely file any report required under this
Section 7.4, MEDA will mail the Redeveloper a warning within one week after the required filing
date. If, after 14 days of the postmarked date of the warning, the Redeveloper fails to provide a report,
the Redeveloper must pay to MEDA a penalty of $100 for each subsequent day until the report is
filed. The maximum aggregate penalty payable under this Section 5.4 is $1,000.
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ARTICLE VI
Payment of Taxes; Use of Tax Increment
Section 6.1. Taxes. The Redeveloper agrees to pay before delinquency directly to the
taxing authority, all taxes, general and special assessments, and other public charges levied upon
or assessed against the Redevelopment Property and any buildings, structures, fixtures, or
improvements thereon which first become due during the term of this Agreement. The
Redeveloper agrees not to initiate or participate in any tax appeals involving the Redevelopment
Property prior to the Termination Date.
Section 6.2. Right to Collect Delinquent Taxes. The Redeveloper acknowledges that at
all times prior to the Termination Date MEDA shall have the right on behalf of MEDA to sue the
Redeveloper or its successors and assigns to collect delinquent real estate taxes and any penalty or
interest thereon and to pay over the same as a tax payment to the County auditor. In any such suit
in which MEDA prevails, MEDA shall also be entitled to recover its reasonable out-of-pocket
costs, expenses and attorney fees.
Section 6.3. Use of Tax Increment. Except as provided for in this Agreement, MEDA
shall be free to use any Tax Increment it receives from the County with respect to TIF District No.
1-14 for any purpose for which such increment may lawfully be used under the TIF Act and MEDA
shall have no obligations to the Redeveloper with respect to the use of such Tax Increment.
ARTICLE VII
Restrictions on Sale of Minimum Improvements
Section 7.1. Prohibition Against Sale of Minimum Improvements. The Redeveloper
represents and agrees that its use of the Redevelopment Property and its other undertakings
pursuant to the Agreement, are, and will be, used for the purpose of construction of the Minimum
Improvements, the Infrastructure Improvements and the Site Improvements and not for speculation
in land holding. The Redeveloper represents and agrees that, prior to the issuance of a Certificate
of Completion regarding the Minimum Improvements, there shall be no Sale of the Redevelopment
Property or the Minimum Improvements constructed thereon nor shall the Redeveloper suffer any
such Sale to be made, without the prior written approval of MEDA; provided however,
notwithstanding the foregoing, the Redeveloper shall be entitled to lease and/or license portions of
the Redevelopment Property to third parties without the prior written approval of MEDA. As a
condition of approval of any such sale, MEDA shall require, at a minimum, that the proposed
transferee shall have entered into an agreement whereby the transferee expressly assumes all of
the Redeveloper's obligations under this Agreement. Any such agreement shall include MEDA
as a party and otherwise be in form and substance reasonably acceptable to MEDA.
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ARTICLE VIII
Events of Default
Section 8.1. Events of Default Defined. Each and every one of the following shall be an
Event of Default under this Agreement:
(a) Failure by HyVee to seek approval from the City and other entities of any permits,
licenses or approvals necessary in order to construct the Minimum Improvements;
(b) Failure of the Redeveloper to pay real estate taxes or special assessments on the
Redevelopment Property or Minimum Improvements as they become due or to initiate or
participate in any tax appeal involving the Redevelopment Property or the Minimum
Improvements prior to the Termination Date;
(c) Failure by the Redeveloper to commence and completion construction of the
Infrastructure Improvements and the Site Improvements pursuant to the terms, conditions and
limitations of Article IV of this Agreement, including the timing thereof, unless such failure is
caused by an Unavoidable Delay or waived by MEDA;
(d) Failure by the Redeveloper to comply or compel compliance with the requirements
of this Agreement regarding the business subsidy or with any provision of the Business Subsidy
Act.
(e) Failure by HyVee to commence and complete the Minimum Improvements
pursuant to the terms, conditions and limitations of Article IV of this Agreement, including the
timing thereof, unless such failure is caused by an Unavoidable Delay or is waived by MEDA.
(f) Failure by HyVee to occupy and operate the Minimum Improvements until at least
the Termination Date.
(g) If the Redeveloper shall file a petition in bankruptcy, or shall make an assignment
for the benefit of its creditors or shall consent to the appointment of a receiver;
(h) Sale of the Redevelopment Property or the Minimum Improvements, or any portion
thereof, by the Redeveloper in violation of Article VII of this Agreement;
(i) Failure of the Redeveloper to enter into the Subdivision Agreement with the City;
or
0) Failure by either party to observe or perform any material covenant, condition,
obligation or agreement on its part to be observed or performed under this Agreement, including
but not limited to any action necessary for the establishment of the TIF District.
Section 8.2. Remedies on Default. Whenever any Event of Default referred to in section
8.1 of this Agreement occurs, the non -defaulting party may take any one or more of the following
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actions after providing 30 days written notice to the defaulting party of the Event of Default, but
only if the Event of Default has not been cured within said 30 days from the receipt of Notice or,
if the Event of Default is by its nature incurable within 30 days, the defaulting party does not
provide assurances to the non -defaulting party reasonably satisfactory to the non -defaulting party
that the Event of Default will be cured and will be cured as soon as reasonably possible:
(a) Suspend its performance under this Agreement until it receives assurances from the
defaulting party, deemed adequate by the non -defaulting party, that the defaulting party will cure
its default and continue its performance under this Agreement;
(b) If the default occurs prior to completion of the Minimum Improvements, MEDA
may withhold any undelivered Certificate of Completion until such default is cured;
(c) If the default occurs after issuance of the Certificate of Completion, MEDA may
suspend payments under the Note or terminate the Note;
(d) Enforce the terms of this Agreement regarding the business subsidy and seek
reimbursement of any amounts owed to MEDA as a result of such breach or default; and
(e) Take whatever action, including legal or administrative action, which may appear
necessary or desirable to the non -defaulting party to collect any payments due under this
Agreement, including reimbursement of the Redevelopment Assistance previously granted, or to
enforce performance and observance of any obligation, agreement, or covenant of the defaulting
party under this Agreement.
Section 8.3. No Remedy Exclusive. No remedy conferred herein or reserved to the parties
is intended to be exclusive of any other available remedy or remedies, but each and every remedy
shall be cumulative and shall be in addition to every other remedy given under this Agreement or
now or hereafter existing at law or in equity. No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised from time to time and as often as may be
deemed expedient. In order to entitle MEDA or the Redeveloper to exercise any remedy reserved
to it, it shall not be necessary to give notice, other than such notice as may be required in Article
IX of this Agreement.
Section 8.4. No Additional Waiver Implied by One Waiver. In the event any covenant or
agreement contained in this Agreement should be breached by either party and thereafter waived
by the other party, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any other concurrent, previous or subsequent breach hereunder
ARTICLE IX
Additional Provisions
Section 9.1. Conflict of Interests; Representatives Not Individually Liable. No member,
official, or employee of MEDA shall have any personal financial interest, direct or indirect, in the
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Agreement, nor shall any such member, official, or employee participate in any decision relating
to the Agreement which affects his or her personal financial interests or the interests of any
corporation, partnership, or association in which he or she is, directly or indirectly, interested. No
member, official, or employee of MEDA shall be personally liable to the Redeveloper, or any
successor in interest, in the event of any default or breach or for any amount which may become
due or on any obligations under the terms of this Agreement.
Section 9.2. Restrictions of Use. The Redeveloper agrees that through the Termination
Date it will use or allow the use of the Minimum Improvements only for such uses as permitted
under the City's land use regulations.
Section 9.3. Notices and Demands. Except as otherwise expressly provided in this
Agreement, any notice, demand, or other communication under the Agreement or any related
document by either party to the other shall be sufficiently given or delivered if it is dispatched by
registered or certified United States mail, postage prepaid, return receipt requested, or delivered
personally to:
(a) in the case of the Redeveloper: SUSO 4 Mapleridge, LP
(b) in the case of MEDA:
and with a copy to:
"I"
Maplewood Economic
Development Authority
1830 County Road B E
Maplewood, Minnesota 55109-2702
Attn: Executive Director
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
Attn: Ronald H. Batty
or at such other address with respect to either such party as that party may, from time to time,
designate in writing and forward to the other as provided in this section 9.4.
Section 9.4. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 9.5. Disclaimer of Relationships. The Redeveloper acknowledges that nothing
contained in this Agreement nor any act by MEDA or the Redeveloper shall be deemed or
construed by the Redeveloper or by any third person to create any relationship of third -party
beneficiary, principal and agent, limited or general partner, or joint venture between MEDA and
the Redeveloper.
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Section 9.6. Amendment. This Agreement may be amended only by the written agreement
of the parties.
Section 9.7. Recording. MEDA intends to record this Agreement among the County
land records and the Redeveloper agrees to pay for the cost of recording same.
Section 9.8. Release and Indemnification Covenants. a) Except for any negligent act of
the following named parties, the Redeveloper hereby releases from and covenants and agrees that
MEDA, and its governing body members, officers, agents, servants, and employees (the
"Indemnified Parties") shall not be liable for, and hereby agrees to indemnify and hold harmless
the Indemnified Parties against any loss or damage to property or any injury to or death of any
person occurring at or about or resulting from any defect in the Minimum Improvements, the
Infrastructure Improvements or the Site Improvements.
b) Except for any willful misrepresentation or any willful or wanton misconduct or
negligence of the Indemnified Parties, the Redeveloper hereby agrees to protect and defend the
Indemnified Parties, now or forever, and hereby further agrees to hold the aforesaid harmless from
any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever
arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the
construction, installation, ownership, and operation of the Redevelopment Property, Minimum
Improvements or Site Improvements.
C) Except for any negligent act of the Indemnified Parties, the Indemnified Parties
shall not be liable for any damage or injury to the persons or property of the Redeveloper or its
partners, officers, agents, servants or employees or any other person who may be about the
Redevelopment Property, Minimum Improvements or Site Improvements due to any act of
negligence of any person.
Section 9.9. Titles of Articles and Sections. Any titles of the several parts, articles, and
sections of this Agreement are inserted for convenience of reference only and shall be disregarded
in construing or interpreting any of its provisions.
Section 9.10. Governing Law; Venue. This Agreement shall be construed in accordance
with the laws of Minnesota. Any dispute arising from this Agreement shall be heard in the State
or federal courts of Minnesota, and all parties waive any objection to the jurisdiction thereof,
whether based on convenience or otherwise.
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IN WITNESS WHEREOF, MEDA and the Redeveloper have caused this Agreement to be
duly executed in their names and behalves on or as of the date first above written.
MEDA:
THE MAPLEWOOD ECONOMIC
DEVELOPMENT AUTHORITY
By:
William Knutson, President
itz
STATE OF MINNESOTA )
ss.
COUNTY OF )
Melinda Coleman, Executive Director
The foregoing instrument as acknowledged before me this day of ,
2020, by William Knutson and Melinda Coleman, the President and Executive Director,
respectively, of the Maplewood Economic Development Authority, a public body corporate and
politic under the laws of Minnesota, on behalf of the Economic Development Authority.
Notary Public
MA745-27-670582.v2
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SUSO 4 MAPLERIDGE, LP:
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was executed before me this day of ,
2020, by , the , and the
respectively, of SUSO 4 Mapleridge, LP, a limited partnership under the laws
of
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Notary Public
G11, Attachment 1
EXHIBIT A TO
REDEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY
That part of Lot 2, Block 1, Maple Ridge Mall, lying East of the West line of the Northeast
Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, and lying South of the
North line of the South 4 acres of the West Half of the North Half of the East Half of the
Northwest Quarter of Section 11, Township 29, Range 22, Ramsey County MN
AND
That part of Lots 3 and 4, Block 1, Map Ridge Mall, lying west of the west line of the Northwest
Quarter of the Southeast Quarter of Section 11, Township 29, Range 22, Ramsey County, MN
AND
That part of Lot 2, Block 1, Maple Ridge Mall according to the recorded plat thereof, lying South
of Lot 1 of said Block 1 and the westerly extension thereof except that part of said Lot 2 lying
East of the West line of the Northeast Quarter of the Northwest Quarter of Section 11, Township
29, Range 22, and lying South of the North line of the South 4 acres of the West Half of the
North Half of the Northwest Quarter of Section 11, Township 29, Range 22, Ramsey County,
MN
AND
That part of Lots 3 and 4, Block 1, Maple Ridge Mall, according to the recorded plat thereof
lying East of the West line of the Northwest Quarter of the Southeast Quarter of the Northwest
Quarter of Section 11, Township 29, Range 22, Ramsey County, MN
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EXHIBIT B TO
REDEVELOPMENT AGREEMENT
DEPICTION OF THE REDEVELOPMENT PROPERTY
AND MINIMUM IMPROVEMENTS
MA745-27-670582.v2
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EXHIBIT C TO
REDEVELOPMENT AGREEMENT
DEPICTION OF INFRASTRUCTURE IMPROVEMENTS
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G11, Attachment 1
EXHIBIT D TO
REDEVELOPMENT AGREEMENT
FORM OF
CERTIFICATE OF COMPLETION
WHEREAS, the Maplewood Economic Development Authority, a public body corporate
and politic under the laws of Minnesota ("MEDA"), and SUSO 4 Mapleridge, LP, a limited
partnership under the laws of (the "Redeveloper"), have entered into a certain Contract
for Private Redevelopment (the "Agreement") dated the day of , 2020, and
recorded in the office of the County Recorder in Ramsey County, Minnesota, as Document No.
, which Agreement contained certain covenants and restrictions regarding completion
of the Minimum Improvements, Infrastructure Improvements and Site Improvements, as defined
in the Agreement; and
WHEREAS, the Redeveloper has performed said covenants and conditions in a manner
deemed sufficient by MEDA to permit the execution and recording of this certification.
NOW, THEREFORE, this is to certify that all construction of the Minimum Improvements,
Infrastructure Improvements and Site Improvements specified to be done and made by the
Redeveloper or to be caused by the Redeveloper has been completed and the covenants and
conditions in the Agreement have been performed by the Redeveloper, and the County Recorder
in Ramsey County, Minnesota, is hereby authorized to accept for recording and to record the filing
of this instrument, to be a conclusive determination of the satisfactory termination of the covenants
and conditions relating to completion of the Minimum Improvements.
Dated:
STATE OF MINNESOTA )
ss.
COUNTY OF )
MAPLEWOOD ECONOMIC
DEVELOPMENT AUTHORITY
Melinda Coleman, Executive Director
The foregoing instrument as acknowledged before me this day of ,
20 , by Melinda Coleman, the executive director of the Maplewood Economic Development
Authority, a public body corporate and politic under the laws of Minnesota, on behalf of the
Economic Development Authority.
D -I
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Notary Public
G11, Attachment 1
EXHIBIT E TO
REDEVELOPMENT AGREEMENT
FORM OF NOTE
UNITED STATE OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
MAPLEWOOD ECONOMIC DEVELOPMENT AUTHORITY
No. R-1
TAXABLE TAX INCREMENT REVENUE NOTE
SERIES 2020-A
Rate
5.0%
$500,000
Date
of Original Issue
The Maplewood Economic Development Authority ("MEDA"), for value received,
certifies that it is indebted and hereby promises to pay to SUSO 4 Mapleridge, LP, or registered
assigns (the "Owner"), the principal sum of $500,000 and to pay interest thereon at the rate of 5.0
percent per annum, as and to the extent set forth herein. Interest shall be calculated on the basis
of simple, non -compounding interest.
1. Pam. Principal and interest ("Payments") will be paid on August 1, 2022, and
each February 1 and August 1 thereafter to and including February 1, 2047 or until the Note is
paid in full, whichever occurs first, ("Payment Dates"), in the amounts and from the sources set
forth in Section 3 herein. Payments will be applied first to accrued interest, and then to unpaid
principal.
Payments are payable by mail to the address of the Owner or any other address as the
Owner may designate upon 30 days written notice to MEDA. Payments on this Note are payable
in any coin or currency of the United States of America which, on the Payment Date, is legal tender
for the payment of public and private debts.
2. Interest. Interest at the rate stated herein will accrue on the unpaid principal,
commencing on the date of original issue. Interest will be computed on the basis of a year of 360
days and charged for actual days principal is unpaid.
3. Available Tax Increment. Payments on this Note are payable on each Payment
Date in the amount of and solely payable from "Available Tax Increment," which will mean, on
each Payment Date, 90 percent of the Tax Increment attributable to the Redevelopment Property
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(defined in the Agreement) and paid to MEDA by Ramsey County in the six months preceding the
Payment Date, all as the terms are defined in the Contract for Private Development between
MEDA and Owner dated as of , 2020 (the "Agreement"). Available Tax
Increment will not include any Tax Increment if, as of any Payment Date, there is an uncured
Event of Default by the Owner under the Agreement.
MEDA will have no obligation to pay principal of and interest on this Note on each
Payment Date from any source other than Available Tax Increment, and the failure of MEDA to
pay the entire amount of principal or interest on this Note on any Payment Date will not constitute
a default hereunder as long as MEDA pays principal and interest hereon to the extent of Available
Tax Increment. MEDA will have no obligation to pay unpaid balance of principal or accrued
interest that may remain after the final Payment on February 1, 2047.
4. Optional Prepayment. The principal sum and all accrued interest payable under
this Note is prepayable in whole or in part at any time by MEDA without premium or penalty. No
partial prepayment will affect the amount or timing of any other regular payment otherwise
required to be made under this Note.
5. Termination. At MEDA's option, this Note will terminate and MEDA's obligation
to make any payments under this Note will be discharged upon the occurrence of an Event of
Default on the part of the Redeveloper as defined in Section 8.1 of the Agreement, but only if the
Event of Default has not been cured in accordance with Section 8.2 of the Agreement.
6. Nature of Obligation. This Note is a single note in the total principal amount of
$500,000 issued to aid in financing certain public redevelopment costs of Tax Increment Financing
District No 1-14 undertaken by MEDA, and is issued pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174
to 469.179, as amended. This Note is a limited obligation of MEDA which is payable solely from
Available Tax Increment pledged to the payment hereof. This Note and the interest hereon will
not be deemed to constitute a general obligation of the State of Minnesota or any political
subdivision thereof, including, without limitation, MEDA or the city of Maplewood. Neither the
State of Minnesota, nor any political subdivision thereof will be obligated to pay the principal of
or interest on this Note or other costs incident hereto except out of Available Tax Increment, and
neither the full faith and credit nor the taxing power of the State of Minnesota or any political
subdivision thereof is pledged to the payment of the principal of or interest on this Note or other
costs incident hereto.
7. Estimated Tax Increment Pam. Any estimates of Tax Increment prepared by
MEDA or its financial advisors in connection with the TIF District or the Agreement are for the
benefit of the MEDA, and are not intended as representations on which the Owner may rely.
MEDA MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABLE
TAX INCREMENT WILL BE SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST
ON THIS NOTE.
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8. Registration and Transfer. This Note is issuable only as a fully registered note
without coupons. Subject to certain limitations set forth therein, this Note is transferable upon the
books of the MEDA kept for that purpose at the principal office of the Executive Director of
MEDA as Registrar, by the Owner hereof in person or by the Owner's attorney duly authorized in
writing, upon surrender of this Note together with a written instrument of transfer satisfactory to
MEDA, duly executed by the Owner. Upon the transfer or exchange and the payment by the
Owner of any tax, fee, or governmental charge required to be paid by MEDA with respect to the
transfer or exchange, there will be issued in the name of the transferee a new Note of the same
aggregate principal amount, bearing interest at the same rate and maturing on the same dates.
This Note will not be transferred to any person other than an affiliate, or other related entity,
of the Owner unless MEDA has been provided with an investment letter in a form substantially
similar to the investment letter submitted by the Owner or a certificate of the transferor, in a form
satisfactory to MEDA, that the transfer is exempt from registration and prospectus delivery
requirements of federal and applicable state securities laws.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required
by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be
performed in order to make this Note a valid and binding limited obligation of MEDA according
to its terms, have been done, do exist, have happened, and have been performed in due form, time
and manner as so required.
IN WITNESS WHEREOF, the board of commissioners of the Maplewood Economic
Development Authority, has caused this Note to be executed with the manual signatures of its
President and Executive Director, all as of the Date of Original Issue specified above.
MAPLEWOOD ECONOMIC
DEVELOPMENT AUTHORITY
President Executive Director
REGISTRATION PROVISIONS
The ownership of the unpaid balance of the within Note is registered in the bond register
of the Executive Director of MEDA, in the name of the person last listed below.
Date of Registration Registered Owner Signature of MEDA Executive Director
SUSO 4 Mapleridge, L.P.
Federal Tax Id 4
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EXHIBIT F TO
REDEVELOPMENT AGREEMENT
FORM OF INVESTMENT LETTER
To the Maplewood Economic Development Authority ("MEDA")
Attention: Executive Director
Dated: 20
Re: $500,000 Tax Increment Revenue Note (Mapleridge Redevelopment Project)
The undersigned, as Purchaser of $500,000 in principal amount of the above -captioned Tax
Increment Revenue Note (Mapleridge Redevelopment Project) (the "Note"), hereby represents to
you and to Kennedy & Graven, Chartered, Minneapolis, Minnesota, as legal counsel to MEDA, as
follows:
1. We understand and acknowledge that the Note is delivered to the Purchaser on this
date pursuant to the Contract for Private Development by and between MEDA and the Purchaser
dated , 2020 (the "Agreement").
2. The Note is payable as to principal and interest solely from Available Tax
Increment pledged to the Note, as defined therein.
3. We have sufficient knowledge and experience in financial and business matters,
including purchase and ownership of municipal obligations, to be able to evaluate the risks and
merits of the investment represented by the purchase of the above -stated principal amount of the
Note.
4. We acknowledge that no offering statement, prospectus, offering circular or other
comprehensive offering document or disclosure containing material information with respect to
MEDA and the Note has been issued or prepared by MEDA, and that, in due diligence, we have
made our own inquiry and analysis with respect to MEDA, the Note and the security therefor, and
other material factors affecting the security and payment of the Note.
5. We acknowledge that we have either been supplied with or have access to
information, including financial statements and other financial information, to which a reasonable
investor would attach significance in making investment decisions, and we have had the
opportunity to ask questions and receive answers from knowledgeable individuals concerning
MEDA, the Note and the security therefor, and that as reasonable investors we have been able to
make our decision to purchase the above -stated principal amount of the Note.
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6. We have been informed that the Note (i) is not being registered or otherwise
qualified for sale under the "Blue Sky" laws and regulations of any state, or under federal securities
laws or regulations, (ii) will not be listed on any stock or other securities exchange, and (iii) will
carry no rating from any rating service.
7. We acknowledge that MEDA and Kennedy & Graven, Chartered, as legal counsel
to MEDA, have not made any representations or warranties as to the status of interest on the Note
for the purpose of federal or state income taxation.
8. We represent to you that we are purchasing the Note for our own account and not
for resale or other distribution thereof, except to the extent otherwise provided in the Note or as
otherwise approved in writing by MEDA.
9. All capitalized terms used herein have the meaning provided in the Agreement
unless the context clearly requires otherwise.
10. The Purchaser's federal tax identification number is
11. We acknowledge receipt of the Note on the date hereof.
IN WITNESS WHEREOF, the undersigned has executed this Investment Letter as of the
date and year first written above.
SUSO 4 MAPLERIDGE, LP
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11
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Michael Martin, AICP, Assistant Community Development Director
PRESENTER: Jeff Thomson, Community Development Director
AGENDA ITEM: HyVee, 2501 White Bear Avenue, Appeal of CDRB Decision
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
HyVee is remodeling the former Rainbow Foods building located at 2501 White Bear Avenue.
HyVee's proposed fagade improvements to the grocery store building and a revised east elevation
of its proposed new convenience store building were reviewed by the Community Design Review
Board (CDRB) on August 18, 2020. HyVee is appealing the grocery store building conditions added
by the CDRB.
The recommended action below is reflective of staff's recommendation to approve the applicant's
revised grocery store building elevations. The CDRB's added conditions can be found later in this
report and in the attached August 18, 2020 CDRB meeting minutes. The council may refer to these
conditions if it is decided to incorporate the CDRB's recommendations.
Recommended Action:
Motion to approve a resolution for design review for the grocery building elevations and revised
building elevations for a new convenience store to be constructed at 2501 White Bear Avenue.
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 most recent application complete on August 4, 2020. The initial 60 -
day review deadline for a decision is October 3, 2020. As stated in Minnesota State Statute 15.99,
the city is allowed to take an additional 60 days if necessary to complete the review.
Packet Page Number 139 of 292
11
Background:
Grocery Building
HyVee will be occupying the former Rainbow Foods building within the Maple Ridge Shopping
Center located at 2501 White Bear Avenue North. As part of its planned building upgrades, HyVee
is proposing to add a 135'x 24' canopy over 10 parking spaces on the north side of the grocery
building. This area will service the store's online order pickup service. A pharmacy drive-through will
be added to the southeast corner of the building which will also be covered with a canopy.
The main entrance of the building will be remodeled and will include new wood composite and glass
fiber reinforced concrete rainscreen paneling. Vision glass and spandrel glass will also be part of
the main entrance. New dark charcoal metal flashing and vision and spandrel glass will be used as
accents throughout the building. The existing masonry units and all sides of the building will be
freshly painted with a gray finish.
As part of its August review, the CDRB recommended additional banding be painted to the front
and side elevations. HyVee is appealing this recommendation. In response, HyVee is proposing
that the front elevation have the addition of another bent frame element at the northeast corner with
wood -look fiber cement paneling, planter box and super graphic signage to assist with more
materiality change and detail enhancement to improve wayfinding for the canopy placed on the
north side of the building. In addition, general up/down lighting will be placed at a complementary
spacing between the bent frame elements for added interest on the painted fields of concrete block.
For the south elevation, facing Gervais Avenue, HyVee is proposing the addition of vertical glazing
and expanded clerestory glazing which aligns best with the new store design standards, the break
up of eyebrow turning the southeast corner and pharmacy canopy. General up/down lighting will
also be placed at a complementary spacing between glazing and canopy elements for added
interest on the painted fields of concrete block.
Convenience Store Building
During the CDRB's original review of this building in May, the group recommended the applicant be
required to submit revised building elevations to the CDRB. These building elevations were required
to incorporate staff's recommendation of adding additional architectural elements to the east
elevation.
The applicant submitted revised building elevations for the August 18, 2020 CDRB meeting
showing additional windows being added to the east elevation — see elevations attached to this
report. As part of its August review, the CDRB recommended brick be extended up to the parapet
within the middle bay of the east elevation. The applicant has agreed to this condition.
Appeals Process
When development projects do not require any other land use applications, design review decisions
are final, unless appealed to the City Council within fifteen days of the decision. HyVee submitted
its appeal to staff on August 25, 2020. HyVee is requesting the City Council approve the design
plans for the grocery store building that were formally submitted to the city on September 8, 2020
CDRB meeting.
Packet Page Number 140 of 292
Reference Information
Site Description
Site Size: 12.83 acres
Existing Land Use: Shopping Center
Surrounding Land Uses
North: Auto Mall
East: White Bear Avenue and commercial uses
South: Church
West: Senior housing and Ramsey County Open Space
Planning
Existing Land Use: Commercial
Existing Zoning: Business Commercial
Attachments:
1. Design Review Resolution
2. Overview Map
3. Applicant's Narrative
4. Site Plan
5. Grocery Store Building Elevations
6. Convenience Store Building Elevations
7. Draft Community Design Review Board, August 18, 2020
8. Presentation Slides
9. Applicant's Plans (separate attachment)
11
Packet Page Number 141 of 292
11, Attachment 1
DESIGN REVIEW RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Background.
1.01 Slate Asset Management has requested approval of design review of grocery and
convenience store buildings
1.02 The property is located at 2501 White Bear Avenue North and is legally described
as:
That part of Lot 2, Block 1, Maple Ridge Mall, lying East of the West line of the
Northeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22,
and lying South of the North line of the South 4 acres of the West Half of the North
Half of the East Half of the Northwest Quarter of Section 11, Township 29, Range 22,
Ramsey County MN
AND
That part of Lots 3 and 4, Block 1, Map Ridge Mall, lying west of the west line of the
Northwest Quarter of the Southeast Quarter of Section 11, Township 29, Range 22,
Ramsey County, MN
_►9
That part of Lot 2, Block 1, Maple Ridge Mall according to the recorded plat thereof,
lying South of Lot 1 of said Block 1 and the westerly extension thereof except that
part of said Lot 2 lying East of the West line of the Northeast Quarter of the
Northwest Quarter of Section 11, Township 29, Range 22, and lying South of the
North line of the South 4 acres of the West Half of the North Half of the Northwest
Quarter of Section 11, Township 29, Range 22, Ramsey County, MN
AND
That part of Lots 3 and 4, Block 1, Maple Ridge Mall, according to the recorded plat
thereof lying East of the West line of the Northwest Quarter of the Southeast Quarter
of the Northwest Quarter of Section 11, Township 29, Range 22, Ramsey County,
MN
Section 2. Site, Building and Sign Plan Standards and Findings.
2.01 City ordinance Section 2-290(b) requires that the community design review board
make the following findings to approve plans:
1. That the design and location of the proposed development and its relationship to
neighboring, existing or proposed developments and traffic is such that it will not
impair the desirability of investment or occupation in the neighborhood; that it will
not unreasonably interfere with the use and enjoyment of neighboring, existing or
proposed developments; and that it will not create traffic hazards or congestion.
Packet Page Number 142 of 292
11, Attachment 1
2. That the design and location of the proposed development is in keeping with the
character of the surrounding neighborhood and is not detrimental to the
harmonious, orderly and attractive development contemplated by this article and
the city's comprehensive municipal plan.
3. That the design and location of the proposed development would provide a
desirable environment for its occupants, as well as for its neighbors, and that it is
aesthetically of good composition, materials, textures and colors.
Section 3. City Council Action.
3.01 The above-described site, design and sign plans are hereby approved based on the
findings outlined in Section 3 of this resolution. Subject to staff approval, the site
must be developed and maintained in substantial conformance with the site plan
date-stamped June 1, 2020, and the building elevations date-stamped September 8,
2020. 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 design review resolution adopted by the city council
on August 10, 2020.
by the City Council of the City of Maplewood, Minnesota, on September 14, 2020.
Packet Page Number 143 of 292
2501 White Bear Avenue
City of Maplewood
Maplewood
■ Overview Ma
11, Attachment 2
April 28, 2020
Packet Page Number 144 of 292
11, Attachment 3
Date: 9/4/2020
Maplewood Design Review Board Comment Response
Fast & Fresh Express
1. East Elevation:
a. Brick has been added to the East elevation as requested. Note this brick also returns
back on the sides as indicated on the North and South elevations.
i. Refer to attached Maplewood FF Exterior Elevations Revised — 09042020 for
updated elevations.
Store
1. East Elevation - We would like to propose some revisions to address comments received in
regards to applying a painted color band at the base of the building for the following reasons:
a. Additional banding minimizes the visual impact and hierarchy of the main entry and
secondary signage elements, affecting clarity and wayfinding.
b. Operational concerns that the base of wall will receive some impact from maintenance
activities during colder months and the lighter color integral to the field color will resist
and minimize the appearance of those impacts.
c. Applied finish does not align with our Companies newly implemented design standards
for new and major store developments.
i. We are proposing the addition of another bent frame element at the NE corner
with wood -look fiber cement paneling, planter box and super graphic signage to
assist with more materiality change and detail enhancement to improve
wayfinding for the AOL canopy placed on the North side of the building.
ii. General up/down lighting will be placed at a complementary spacing between the
bent frame elements for added interest on the painted fields of cmu block.
South Elevation - We would like to propose some revisions to address comments received in
regards to applying painted color columns with the following:
a. Addition of vertical glazing and expanded clerestory glazing which aligns best with the
new store design standards.
b. Break up of eyebrow turning the SE corner and Pharmacy canopy.
c. General up/down lighting will be placed at a complementary spacing between glazing and
canopy elements for added interest on the painted fields of cmu block. NOTE: this
lighting will be applied on the North elevation as well, with the addition of wall grazing
light packs around the less visible NW corner, SW corner and West elevations.
i. Refer to attached Maplewood Store Elevations—Revised— 09042020 for updated
elevations.
ii. Also note 3D views have been included for reference Maplewood Store - 3D.
Packet Page Number 145 of 292
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DRAFT
MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, AUGUST 18, 2020
6:00 P.M.
(THIS MEETING WAS HELD REMOTELY VIA CONFERENCE CALL)
E. NEW BUSINESS
2. Design Review, Maple Ridge Grocery and Convenience Stores, 2501 White
Bear Avenue
i. Assistant Community Development Director, Michael Martin gave the report on
the Design Review and Comprehensive Sign Plan Amendment for Maple Ridge
Convenience Store, 2501 White Bear Avenue.
ii. Phil Hoey, representing the applicant, addressed and answered questions of the
board.
Boardmember Shankar made a friendly amendment that is reflected in the motion below
in bold and underlined.
Boardmember Shankar moved to approve the resolution for design review for project
plans date-stamped April 27, 2020 for new grocery and convenience stores to be
constructed at 2501 White Bear Avenue. (changes to the staff conditions are
underlined and in bold):
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 design review resolution adopted by the city council on
August 10, 2020.
4. The applicant shall on the small building extend the brick on the middle bay
from the window to the edge all the way up to the parapet.
5. The applicant shall on the HyVee store paint three bays of base three feet high.
Seconded by Boardmember Lamers. Ayes — Boardmembers
Lamers, Ledvina & Shankar
Nay — Chairperson Kempe
All friendly amendments were agreed upon.
The motion passed.
Chairperson Kempe voted nay because he does not like the brick on the smaller
building.
Packet Page Number 153 of 292
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A
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Ellen Paulseth, Finance Director
PRESENTER: Ellen Paulseth, Finance Director
AGENDA ITEM: Amendment to Maplewood Community Center Operating Agreement
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ❑ Resolution ❑ Ordinance ✓ Contract/Agreement ❑ Proclamation
Policy Issue:
The City of Maplewood has an agreement with YMCA of the Greater Twin Cities to operate the
Maplewood Community Center. The current situation relating to the pandemic has changed the
nature of the business operations. The Maplewood Area EDA is providing a business grant to the
YMCA, allowing for sustainable operations during the pandemic. The Council will consider the
First Amendment to the Maplewood Community Center Operating Agreement, which will provide
for mutually beneficial changes noted below.
Recommended Action:
Motion to approve the First Amendment to Maplewood Community Center Operating Agreement
with the YMCA of the Greater Twin Cities, dated September 14, 2020.
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 amendment will provide for a more sustainable financial plan and allow the YMCA to operate
the Maplewood Community Center more efficiently during the pandemic.
Background
The YMCA of the Greater Twin Cities operates the Maplewood Community Center according to the
provisions contained in an operating agreement. The First Amendment to the Maplewood
Community Center Operating Agreement provides for the following mutually beneficial changes to
the original agreement:
Packet Page Number 159 of 292
J1
1. The City will continue to utilize the banquet center for up to 20 hours per week, through
December 31, 2021;
2. The YMCA will be allowed to utilize its remaining capital contributions from 2020
(approximately $100K) and its $200K contribution in 2021 for operating purposes;
3. The City and YMCA will jointly review and reprioritize capital plans that are scheduled to
occur between October 1, 2020 and October 1, 2023;
4. Due to existing circumstances, the period for termination of the original contract will be
revised to six months, rather than one year, with the termination not to take effect before
December 31, 2021.
Attachments
1. First Amendment to Maplewood Community Center Operating Agreement
Packet Page Number 160 of 292
J1, Attachment 1
FIRST AMENDMENT TO MAPLEWOOD
COMMUNITY CENTER OPERATING AGREEMENT
This Amendment (the "Amendment") is entered into this day of September, 2020 (the
"Amendment Effective Date") by and between the city of Maplewood, a Minnesota municipal corporation
(the "City") and the Young Men's Christian Association of the Greater Twin Cities, a Minnesota nonprofit
corporation (the "YMCA").
WHEREAS, the City and the YMCA entered into the Maplewood Community Center Operating
Agreement (the "Operating Agreement") for operation of the Maplewood Community Center (the "MCC")
by the YMCA, which became effective on November 1, 2016; and
WHEREAS, the initial term of the Operating Agreement is through October 31, 2026, with the
right of the YMCA to terminate without cause by providing 12 months' written notice to the City, with the
termination not to take effect before October 31, 2021; and
WHEREAS, the YMCA has been impacted by the outbreak of COVID-19 and has requested
additional flexibility in utilizing its funds and in its operations to ensure that the MCC can continue to serve
the residents of Maplewood; and
WHEREAS, the City and the YMCA wish to amend the Operating Agreement for the mutual
benefit of the parties.
NOW, THEREFORE, it is hereby agreed by and between the City and the YMCA as follows:
Section 3.3, Paragraph C of the Operating Agreement is amended by adding the following sentence
to the end of that Paragraph.
From November 1, 2020 through December 31, 2021 the City shall have the right to use
the banquet areas of the Facility for up to 20 hours per week under the same terms and
conditions as during the first 48 months of the Term of this Agreement.
2. Section 4.1 of the Operating Agreement is amended to include a new Paragraph I as follows:
L Notwithstanding anything herein to the contrary, the YMCA may repurpose
$200,000 of the City's 2021 $208,080 capital improvement Funds deposit for
operational purposes. No other obligations of the City are impacted by this
deviation.
Section 4.1 of the Operating Agreement is amended to include a new Paragraph J as follows:
Notwithstanding anything herein to the contrary, the YMCA shall not be required
to make the deposits described in Section 4.1, Paragraph D in the years 2020 and
2021, and its failure to make such deposits shall not constitute a breach of its
financial commitments under Section 6.1, Paragraph B or any other provision of
this Agreement.
4. Section 4.2 of the Operating Agreement is amended to include a new Paragraph H as follows:
MA745-28-671279.v5
Packet Page Number 161 of 292
J1, Attachment 1
H. Notwithstanding anything herein to the contrary, as of the Amendment Effective
Date, the City and YMCA agree to immediately halt all capital improvement
projects not deemed necessary for the YMCA to reopen and operate the MCC. By
September 30, 2020, the YMCA shall provide the City with a full accounting of
expected and planned capital costs scheduled to occur between October 1, 2020
and October 1, 2023. Based on the information provided, the City and YMCA shall
reevaluate the capital plan for 2021 and beyond by October 15, 2020.
Section 6.1A of the Operating Agreement is deleted in its entirety and replaced with the following:
The YMCA may terminate this Agreement, without cause, by providing six months written
notice to the City, with the termination not to take effect before December 31, 2021.
6. Except as specifically noted in this Amendment, the terms and conditions of the Operating
Agreement shall remain in full force and effect. In the case of any inconsistency between the terms
of the Operating Agreement and this Amendment, the terms of this Amendment shall control.
7. This Amendment may be executed in any number of counterparts, each of which shall constitute
one and the same instrument. This Amendment may be modified only in writing signed by the
parties.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the Amendment
Effective Date.
CITY OF MAPLEWOOD
Marylee Abrams, Mayor
Melinda Coleman, City Manager
YMCA
2
MA745-28-671279.v5
Packet Page Number 162 of 292
J2
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Michael Mondor, Chief of EMS
PRESENTER: Michael Mondor, Chief of EMS
AGENDA ITEM: North Fire Station Construction Project
a. Request for Proposals Results
b. Construction Management Services Contract Agreement with
Kraus -Anderson Construction Company for the North Fire Station
Replacement Project.
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ❑ Resolution ❑ Ordinance ✓ Contract/Agreement ❑ Proclamation
Policy Issue:
The Fire Department currently operates out of three fire stations. One of the recommendations that
arose from the Fire Station Location and Operational Review was to cease operating out of the
Central Fire Station and reallocate resources from the Central Fire Station to the North Fire Station.
This recommendation came from the data analysis that demonstrated that continuing to operate
three stations would only improve the Department's response reliability by one-half of one percent.
The next step in the project is to retain a Construction Management Firm to complete the next
phases of the fire station project.
Recommended Action:
a. Motion to approve the request for proposal results of the North Fire Station Construction
Project.
b. Motion to approve the construction management services contract agreement with Kraus -
Anderson Construction Company for the North Fire Station Replacement Project.
Fiscal Impact:
Is There a Fiscal Impact? ❑ No V'Yes, the true or estimated cost is $489,915.00 plus
reimbursable expenses.
Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source
❑ Use of Reserves ✓ Other: Fire Facility Fund
Strategic Plan Relevance:
Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment
Operational Effectiveness ❑ Community Inclusiveness ✓ Infrastructure & Asset Mgmt.
Packet Page Number 163 of 292
J2
The Fire Department is working to improve the Department's critical infrastructure, enhance
operational effectiveness by reducing redundancy and financial sustainability as the Department
looks to reduce its capital footprint.
Background
In 2017, the City hired Fitch & Associates to conduct a Fire Station Location and Operational
Review and several recommendations were presented to City Council on 1/25/2018. The City
Council approved the recommendation to consolidate from three stations to two stations and enter
into a professional services agreement with Wold Architectural and Engineering to conduct a Fire
Station Needs Assessment and Design Recommendations at the 9/23/2019 City Council Meeting.
In October of 2019, the Fire Department began working with Wold Architectural and Engineering on
a Fire Station Needs Assessment and Design Recommendations following council approval to
implement the next phases of the Fire Station Location and Operational Review.
At the February 10, 2020 City Council meeting, staff presented the final results of the Fire Station
Needs Assessment and Design Recommendations. Following the presentation, staff developed a
Request for Proposals (RFP) for the North Fire Station Construction Project.
At the April 27, 2020 City Council meeting, staff presented the results of the Request for Proposals
results for Architectural and Engineering services and entered into a contract with Short, Elliot,
Hendrickson (SEH), Inc. to begin the fire station design process. Staff have been working with SEH
for the past three months on building design and are nearing completion of the schematic design
phase of the project.
On May 19, 2020 staff distributed a Request for Proposals for construction management firms to
provide construction management services. Staff reviewed proposals, scored, ranked and short
listed three construction management firms.
Staff, including the Public Safety Director, Fire Chief, Chief of EMS, Finance Director, Community
Development Director and Public Works Director conducted interviews with the three finalists. The
review included scoring on responsiveness of the written proposal, capability, services provided,
safety, specialized experience, community inclusiveness, presentation, interview and cost.
The highest scoring firm was Kraus -Anderson Construction Company. While Kraus Anderson was
not the lowest cost, following the results of the RFP process and reference checks, staff believe that
Kraus -Anderson will provide the best value to the City for this project.
Attachments
1. Construction Manager RFP Evaluation Results
2. Agreement between City of Maplewood and Kraus -Anderson Construction Company for the
North Fire Station Replacement Project
Packet Page Number 164 of 292
Terra Construction
Average:
Submittal Documents Overall (15%)
13
Cost (25%) ($511,500)
23
Presentation (30%)
24.83333
Interview (30%)
23.83333
Total Score:
Kraus Anderson Construction
84.66667
Average:
Submittal Documents Overall (15%)
13.66667
Cost (25%) ($489,915)
24
Presentation (30%)
22.5
Interview (30%)
25.16667
Total Score:
H+U Construction
85.33333
Average:
Submittal Documents Overall (15%)
13
Cost (25%) ($469,500)
25
Presentation (30%)
20.83333
Interview (30%)
24.25
Total Score:
83.08333
J2, Attachment 1
Packet Page Number 165 of 292
J2, Attachment 2
AIA Document C132--2009
Standard Form of Agreement Between Owner and Construction Manager as
Adviser
AGREEMENT made as of the Sixth day of Juin the year 2020
(In words, indicate day, month and year.)
BETWEEN the Owner:
(Name, legal status, address and other information)
The Owner and Construction Manager agree as follows.
Init. AIA Document C132" - 2009 (formerly B801TM CMa - 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
/ one-time use only, and may only be used in accordance with the AIA Contract Documents°Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
User Notes: (1126905156)
Packet Page Number 166 of 292
This document has important
City of Maplewood
legal consequences. Consultation
1830 County Road B East
with an attorney
Maplewood, MN 55109
is encouraged with respect to
its completion or modification.
and the Construction Manager:
This document is intended to be
used in conjunction with AIA
(Name, legal status, address and other information)
Documents At 32TM-2009,
Standard Form of Agreement
Kraus -Anderson® Construction Company
Between Owner and Contractor,
501 South Eighth Street
Construction Manager as Adviser
Minneapolis, MN 55404
Edition; A232TM-2009, General
Conditions of the Contract for
Construction, Construction
for the following Project:
Manager as Adviser Edition; and
(Name, location and detailed description)
B132TM-2009, Standard Form of
Agreement Between Owner and
North Fire Station Replacement Project
Architect, Construction Manager
1530 County Road C East
as Adviser Edition. ^AIA
Maplewood, MN 55109
Document A232TM-2009 is
adopted in this document by
The Architect:
reference. Do not use with other
(Name, legal status, address and other information)
general conditions unless this
document is modified.
SEH Architects
3535 Vadnais Center Drive
Saint Paul_ MN 55110
The Owner and Construction Manager agree as follows.
Init. AIA Document C132" - 2009 (formerly B801TM CMa - 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
/ one-time use only, and may only be used in accordance with the AIA Contract Documents°Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
User Notes: (1126905156)
Packet Page Number 166 of 292
J2, Attachment 2
TABLE OF ARTICLES
1 INITIAL INFORMATION
2 CONSTRUCTION MANAGER'S RESPONSIBILITIES
3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES
4 ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
7 COPYRIGHTS AND LICENSES
8 CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
10 MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.
(Note the disposition for the following items by inserting the requested information or a statement such as "not
applicable, " "unknown at time of execution" or "to be determined later by mutual agreement.')
§ 1.1.1 The Owner's program for the Project:
(Identify documentation or state the manner in which the program will be developed.)
N/A
§ 1.1.2 The Project's physical characteristics:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical
reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities
and services; legal description of the site; etc)
North Fire Station Replacement Project — Demolish Existing Fire Station and Replace with New Facility at:
1530 County Road C East
Maplewood, MN 55109
§ 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1:
(Provide total and, if known, a line item breakdown)
N/A
§ 1.1.4 The Owner's anticipated design and construction schedule:
.1 Design phase milestone dates, if any:
Phase 1 - Design: May 2020 — March 2021
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 2
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
User Notes: (1126905156)
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J2, Attachment 2
.2 Commencement of construction:
Phase 2 - Construction: Pending Phase 1 Completion & City Council approval, commencement of
construction shall be on or about February 2021. Commencement of construction may be adjusted as
mutuallyagreed upon.
.3 Substantial Completion date or milestone dates:
Substantial Completion of Phase 2 — Construction shall be 11 months from the commencement of
construction and shall be on or about December 2021. Substantial completion of construction may be
adjusted as mutually agreed upon.
.4 Other:
§ 1.1.5 The Owner intends the following procurement method for the Project:
(Identify method such as competitive bid, negotiated Contract or multiple Prime Contracts)
Multiple Prime Contracts
§ 1.1.6 The Owner's requirements for accelerated or fast-track scheduling, multiple bid packages, or phased
construction are set forth below:
(List number and type of bid/procurement packages)
N/A
§ 1.1.7 Other Project information:
(Identify special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible
design or historic preservation requirements.)
N/A
§ 1.1.8 The Owner identifies the following representative in accordance with Section 5.5:
(List name, address and other information.)
Marylee Abrams
Mayor
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
§ 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Construction
Manager's submittals to the Owner are as follows:
(List name, address and other information.)
Michael Mondor — City of Maplewood, Chief of EMS
§ 1.1.10 Unless provided by the Construction Manager, the Owner will retain the following consultants and
contractors:
(List name, legal status, address and other information.)
.1 Land Surveyor:
To be determined by Owner
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 3
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
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J2, Attachment 2
.2 Geotechnical Engineer:
To be determined by Owner
.3 Civil Engineer:
To be determined by Owner
.4 Other:
(List any other consultants retained by the Owner, such as a Project or Program Manager, or
construction contractor.)
§ 1.1.11 The Construction Manager identifies the following representative in accordance with Section 2.4:
(List name, address and other information.)
Jason Rentmeester, Senior Project Manager
Kraus -Anderson Construction Company
501 South Eighth Street
Minneapolis, MN 55404
j ason.rentmeester(a�krausanderson.com
§ 1.1.12 The Construction Manager's staffing plan as required under Section 3.3.2 shall include:
(List any specific requirements and personnel to be included in the staffing plan, if known.)
§ 1.1.13 The Construction Manager's consultants retained under Basic Services, if any:
Cost Estimator:
(List name, legal status, address and other information.)
N/A
.2 Other consultants:
N/A
§ 1.1.14 The Construction Manager's consultants retained under Additional Services:
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 4
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
User Notes: (1126905156)
Packet Page Number 169 of 292
J2, Attachment 2
N/A
§ 1.1.15 Other Initial Information on which the Agreement is based
N/A
§ 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that
such information may materially change and, in that event, the Owner and the Construction Manager sh4�-shall, by
appropriate written agreement, appropriately adjust the schedules, the Construction Manager's services and the
Construction Manager's compensation.
ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES
§ 2.1 The Construction Manager shall provide the services as set forth in this Agreement.
§ 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by
construction managers practicing in the same or similar locality under the same or similar circumstances. The
Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the
orderly progress of the Project. The Construction Manager shall put forth reasonable efforts to complete its duties in a
timely manner. The Construction Manager shall not be responsible for delays caused by factors beyond its control or
that could not be reasonably foreseen at the time of execution of this Contract.
§ 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described
in AIA Document B 132TM-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager
as Adviser Edition, as modified. The Construction Manager shall not be responsible for actions taken by the
Architect.
§ 2.4 The Construction Manager shall identify a representative authorized to act on behalf of the Construction
Manager with respect to the Project.
§ 2.5 Except with the Owner's knowledge and consent, the Construction Manager shall not engage in any activity, or
accept any employment, interest or contribution that would reasonably appear to compromise the Construction
Manager's judgment with respect to this Project.
§ 2.6 The Construction Manager shall maintain the following iiisiwmiee insurance, including the minimum coverages
and limits of liabilitspecified below, for the duration of this Agreement. If any of the requirements set forth below
exceed the types and limits the Construction Manager normally maintains, the Owner shall reimburse the Construction
Manager for any additional cost.
§ 2.6.1 Comprehensive General Liability with policy limits of not less than One Million Dollars and Zero Cents ($
1,000,000.00 ) for each occurrence and in the aggregate for bodily injury and property damage.
§ 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Construction Manager with policy
limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00) combined single limit and aggregate for
bodily injury and property damage.
§ 2.6.3 The Construction Manager may use umbrella or excess liability insurance to achieve the required coverage for
Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in
the same type of coverage as required for the individual policies.
§ 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than Five
Hundred Thousand Dollars and Zero Cents ($ 500,000.00 ).
§ 2.6.5 Professional Liability covering the Construction Manager's negligent acts, errors and omissions in its
performance of services with policy limits of not less than Ten Million Dollars and Zero Cents ($ 10,000,000.00 ) per
claim and in the aggregate.
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 5
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
User Notes: (1126905156)
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J2, Attachment 2
§ 2.6.6 The Construction Manager shall provide to the Owner certificates of insurance evidencing compliance with the
requirements in this Section 2.6.
Gorew-Al T ;.,l.;lit- A „tai:n ,l.;lo T i l.;lit- ,.,. h4:e-,11„ „ o o ffkeies.Such proof of insurance shall confirm that the
insurer has agreed that it will not cancel the insurance withoutig ving the Owner thirty (30) days advance written
notice of its intent to cancel (or any lesser period allowed by law). The Construction Manager shall likewise demand
from its consultants proof of insurance meeting the foregoing insurance coverage requirements as a condition
precedent to their engagement to perform services on the Project. The Construction Manager shall not commence
work under this Contract until the Construction Manager has obtained all insurance required herein. All this insurance
coverage shall be maintained throughout the life of this Contract.
§ 2.6.7 With the exception of professional liability insurance, the Construction Manager's liability insurance policies
shall be primary insurance to any other valid and collectible insurance available to the Owner with respect to any claim
to the extent caused by the negligent acts or omissions of the Construction Manager, its employees and its consultants
in the performance of professional services under this Agreement. The Construction Manager is responsible for
payment of Contract related insurance premiums and deductibles. The Construction Manager'spolicies shall include
legal defense fees in addition to its liability policy limits, with the exception of the professional liability insurance. All
policies listed above, except professional liability, shall be written on an "occurrence" form ("claims made" and
"modified occurrence" forms are not acceptable) and shall apply on a "per project" basis. The Construction Manager
shall obtain insurance policies from insurance companies having an "AM BEST" rating of A- (minus), Financial Size
Cateaory (FSC) VII or better, and authorized to do business in the State of Minnesota
ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES
§ 3.1 Definition
The Construction Manager's Basic Services consist of those described in Sections 3.2 and 3.3 and include usual and
customary construction coordination and scheduling, constructability review, cost estimating, and allocation of
construction activities among the Multiple Prime Contractors.
§ 3.2 Preconstruction Phase
§ 3.2.1 The Construction Manager shall review the program furnished by the Owner and any evaluation of the
Owner's program provided by the Architect, to ascertain the requirements of the Project and shall arrive at a mutual
understanding of such requirements with the Owner and Architect.
§ 3.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and
construction budget requirements, each in terms of the other.
§ 3.2.3 The Construction Manager shall prepare, and deliver to the Owner, a written Construction Management Plan
that includes, at a minimum, the following: (1) preliminary evaluations required in Section 3.2.2, (2) a Project
schedule, (3) cost estimates, (4) recommendations for Project delivery method, and (5) Contractors' scopes of Work, if
multiple Contractors or fast-track construction will be used. The Construction Manager shall periodically update the
Construction Management Plan over the course of the Project.
§ 3.2.4 Based on preliminary design and other design criteria prepared by the Architect, the Construction Manager
shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or
similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect suggests
alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative
materials and systems and may also provide its own suggestions.
§ 3.2.5 The Construction Manager shall expeditiously review design documents during their development and advise
the Owner and Architect on proposed site use and improvements, selection of materials, and building systems and
equipment. The Construction Manager shall also provide recommendations to the Owner and Architect on
constructability, availability of materials and labor, sequencing for phased construction, time requirements for
procurement, installation and construction, and factors related to construction cost including, but not limited to, costs
of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions.
§ 3.2.6 The Construction Manager shall prepare and periodically update the Project schedule included in the
Construction Management Plan for the Architect's review and the Owner's acceptance. The Construction Manager
shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 6
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
User Notes: (1126905156)
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J2, Attachment 2
Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the
Architect's services, other Owner consultants' services, and the Owner's responsibilities and highlight items that
could affect the Project's timely completion.
§ 3.2.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and
Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the
Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement.
The Construction Manager shall include appropriate contingencies for design, bidding or negotiating, price escalation,
and market conditions in the estimates of the Cost of the Work. Such estimates shall be provided for the Architect's
review and the Owner's approval. The Construction Manager shall advise the Owner and Architect if it appears that
the Cost of the Work may exceed the Owner's budget and make recommendations for corrective action.
§ 3.2.8 As the Architect progresses with the preparation of the Schematic Design, Design Development and
Construction Documents, the Construction Manager shall consult with the Owner and Architect and make
recommendations whenever the Construction Manager determines that design details adversely affect
constructability, cost or schedules.
§ 3.2.9 The Construction Manager shall provide recommendations and information to the Owner and Architect
regarding the assignment of responsibilities for temporary Project facilities and equipment, materials and services for
common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of
responsibilities are included in the proposed Contract Documents.
§ 3.2.10 The Construction Manager shall provide recommendations and information to the Owner regarding the
allocation of responsibilities for safety programs among the Contractors.
§ 3.2.11 The Construction Manager shall provide recommendations to the Owner and coordinate with the Architect on
the division of the Project into individual Contracts for the construction of various categories of Wer -k, 444
e.i,,,El t„ 1.e , eEl 4',, 'eIe,.4iRg G81 4FaGt.WS aRE , kHg C R-4:4 HAetI TF,ti.,,lt;.,le C',,.,_,-.,,.4, ., e ♦„ 1.e . ., -Elea Work.
Because multiple Contracts are to be awarded where possible, the Construction Manager shall review the Drawings
and Specifications and make recommendations and prepare scopes of Work with the Architect as required to provide
that (1) the Work of the Contractors is coordinated, (2) all requirements for the Project are assigned to the appropriate
Contract, (3) the likelihood of jurisdictional disputes is minimized, and (4) proper coordination is provided for phased
construction. The Construction Manager shall keep the Owner apprised of Construction Manager -proposed Work
Scopes prior to finalizing the divisions of Work with the Prime Contractors.
§ 3.2.12 The Construction Manager shall update the Project schedule to include the components of the Work,
including phasing of construction, times of commencement and completion required of each Contractor, ordering and
delivery of products, including those that must be ordered well in advance of construction, and the occupancy
requirements of the Owner.
§ 3.2.13 The Construction Manager shall expedite and coordinate the ordering and delivery of materials, including
those that must be ordered well in advance of construction.
§ 3.2.14 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional
services of surveyors, special consultants and testing laboratories required for the Project.
§ 3.2.15 The Construction Manager shall provide an analysis of the types and quantities of labor required for the
Project and review the availability of appropriate categories of labor required for critical phases. The Construction
Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages.
§ 3.2.16 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements
for equal employment opportunity programs, and other programs as may be required by governmental and for quasi
governmental authorities for inclusion in the Contract Documents.
§ 3.2.17 Following the Owner's approval of the Drawings and Specifications, the Construction Manager shall update
and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect's review and the
Owner's approval.
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 7
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
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J2, Attachment 2
§ 3.2.18 The Construction Manager shall submit the list of prospective bidders for the Architect's review and the
Owner's approval.
§ 3.2.19 The Construction Manager shall develop bidders' interest in the 12-E ;eet aREI est 44isl, lbidd Hg sehodules Tho
C -R -4i stow -4i R- TAT.,,,. ger- . itl ♦l,o ., ;14.,r0o „f the A4:CA 06,04 Sl,.,ll 0laid iHg ,1,,61111.0„#1 r„ l.;aao, .,ra ,. ra,,0#
o bi G914fGFG14GG With P oG4;'e, hi jjG, ThO, C' 07,,r,-_]_0ti ,1, M.,i4ago,- 4,.,11 ; o flhe, ..,,,Fent 149jeGt x..1,0.7„l0 .*414
oAe>, so* „T bi a a;„ g Project. The Construction Manager shall assist the Architect and Owner in the issuance
of public bidding documents in accordance with Public Bidding, Minnesota Statutes, Section 471.345 ("Public
Bidding"), and conduct a pre-bid conference with prospective bidders. The Construction Manager shall assist the
Architect with regard to questions from bidders and with the issuance of addenda.
§ 3.2.20 The Construction Manager shall receive bids, prepare bid analyses and make recommendations to the Owner
for the Owner's award of Contracts or rejection of bids in accordance with Public Bidding.
§ 3.2.21 The Construction Manager shall assist the Owner in preparing Construction Contracts and advise the Owner
on the acceptability of Subcontractors and material suppliers proposed by Multiple Prime Contractors. The Owner
will review and approve contracts consistent with the Owner's approval process.
§ 3.2.22 The Construction Manager shall assist the Owner in obtaining building permits and special permits for
permanent improvements, except for permits required to be obtained directly by the various Multiple Prime
Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The
Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing
documents required for the approvals of governmental authorities having jurisdiction over the Project.
§ 3.3 Construction Phase Administration of the Construction Contract
§ 3.3.1 Subject to Section 4.3, the Construction Manager's responsibility to provide Construction Phase Services
commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the
final Certificate for Payment.
§ 3.3.2 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in
attendance at the Project site whenever the Work is being performed.
§ 3.3.3 The Construction Manager shall provide on-site administration of the Contracts for Construction in
cooperation with the Architect as set forth below and in AIA Document A232TM-2009, General Conditions of the
Contract for Construction, Construction Manager as Adviser efr. Edition, as modified. If the Owner and
Contractor modify AIA Document A232-2009, those modifications shall not affect the Construction Manager's
services under this Agreement unless the Owner and the Construction Manager amend this Agreement.
§ 3.3.4 The Construction Manager shall provide administrative, management and related services to coordinate
scheduled activities and responsibilities of the Multiple Prime Contractors with each other and with those of the
Construction Manager, the Owner and the Architect. The Construction Manager shall coordinate the activities of the
Multiple Prime Contractors in accordance with the latest approved Project schedule and the Contract Documents.
§ 3.3.5 Utilizing the construction schedules provided by the Multiple Prime Contractors, the Construction Manager
shall update the Project schedule, incorporating the activities of the Owner, Architect, and Multiple Prime Contractors
on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop
Drawings, Product Data and Samples, and delivery and procurement of products, including those that must be ordered
well in advance of construction. The Project schedule shall include the Owner's occupancy requirements showing
portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project
schedule as required to show current conditions. If an update indicates that the previously approved Project schedule
may not be met, the Construction Manager shall recommend corrective action, if any, to the Owner and Architect.
§ 3.3.6 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures,
progress, coordination, and scheduling of the Work. The Construction Manager shall prepare and promptly distribute
minutes to the Owner, Architect and Multiple Prime Contractors.
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA,” the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 8
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
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§ 3.3.7 Utilizing information from the Multiple Prime Contractors, the Construction Manager shall schedule and
coordinate the sequence of construction and assignment of space in areas where the Multiple Prime Contractors are
performing Work, in accordance with the Contract Documents and the latest approved Project schedule.
§ 3.3.8 The Construction Manager shall schedule all tests and inspections required by the Contract Documents or
governmental authorities, and arrange for the delivery of test and inspection reports to the Owner and Architect.
§ 3.3.9 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Multiple Prime
Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a
Contract are not being fulfilled.
§ 3.3.10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for
uncompleted tasks and advise the Owner and Architect as to variances between actual and budgeted or estimated
costs. If the Contractor is required to submit a Control Estimate, the Construction Manager shall meet with the Owner
and Contractor to review the Control Estimate. The Construction Manager shall promptly notify the Contractor if there
are any inconsistencies or inaccuracies in the information presented. The Construction Manager shall also report the
Contractor's cost control information to the Owner.
§ 3.3.11 r , .; 1`a ,,4age - S14 a!! ,10.,019., GaS1, 49.,, ,-GP914S R4 � o Ass; - .1,o149je,4-Reserved.
§ 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs,
additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting
records.
§ 3.3.12.1 The Construction Manager shall develop and implement procedures for the review and processing of
Applications for Payment by Multiple Prime Contractors for progress and final payments.
§ 3.3.12.2 Not more frequently than monthly, the Construction Manager shall review and certify the amounts due the
respective Contractors as follows:
.1 Where there ; s ei4l , e, r,,,,.,-, Gte - re, spei4s ble r,, - peFfe .4444 the, W,,,v the, r,,,,,4Aict7ra ,, ,ger
P6�,1„01,r „ the, A.,pliGa4914. eAif , rho ., 1,r rho .,,, ter,-�,..r.,,, M.,i4ag0,- de4e,4-4.,;7A0ma ;; d1,o flhe,
G91,r,-.,. t9F .,1,.1 _f0_P,,.,,-d rl,o G9144.,. t9F'S A.,pliGa4914 all G -0,4;F;040, F Pff1„01# t9 440 4,-A4040t
.2 W4��o are Multiple Prime Contractors responsible for performing different portions of the
Project, the Construction Manager shall, within seven days after the Construction Manager receives
each Contractor's Application for Payment: (1) review the Applications and certify the amount the
Construction Manager determines is due each Contractor, (2) prepare a Summary of Contractors'
Applications for Payment by summarizing information from each Contractor's Application for
Payment, (3) prepare a Project Application and Certificate for Payment, (4) certify the total amount the
Construction Manager determines is due all Multiple Prime Contractors collectively, and (5) forward
the Summary of Contractors' Applications for Payment and Project Application and Certificate for
Payment to the Architect.
§ 3.3.12.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based
on the Construction Manager's evaluations of the Work and on the data comprising the Contractors' Applications for
Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed
to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing
representations are subject to an evaluation of the Work for conformance with the Contract Documents upon
Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the
Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager. The
issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the
Contractor be paid the amount certified.
§ 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the Construction
Manager shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site
inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques,
sequences for the Contractor's own Work, or procedures; (3) reviewed copies of requisitions received from
Init. AIA Document C132" -2009 (formerly B801*M CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 9
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
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Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to
payment; or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the
Contract Sum. Subject to Sections 3.3.14 and 3.3.15, the certification of an application for payment shall constitute the
Construction Manager's representation to the Owner that the Construction Manager has reported to the Owner and the
Architect all defects in the Work or deviations from the Contract Documents that have been observed by or reported to
the Construction Manager.
§ 3.3.13 The Construction Manager shall review the safety programs developed by each of the Multiple Prime
Contractors solely and exclusively for purposes of coordinating the safety programs with those of the other
Contractors and for making recommendations to the Owner for any safety programs not included in the Work of the
Multiple Prime Contractors. The Construction Manager's responsibilities for coordination of safety programs shall
not extend to direct control over or charge of the acts or omissions of the Contractor, Multiple Prime Contractors,
Subcontractors, agents or employees of the Contractors or Multiple Prime Contractors or Subcontractors, or any other
persons performing portions of the Work and not directly employed by the Construction Manager.
§ 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in
accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of
defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not
conform to the Contract Documents and shall notify the Architect about the rejection. The failure of the Construction
Manager to reject Work shall not constitute the acceptance of the Work. The Construction Manager shall record any
rejection of Work in its daily log and include information regarding the rejected Work in its progress reports to the
Architect and Owner pursuant to Section 3.3.20.1. Upon written authorization from the Owner, the Construction
Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed, and the
Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be
made so that the Architect may be present for such procedures.
§ 3.3.15 The Construction Manager shall advise and consult with the Owner and Architect during the performance of
its Construction Phase Services. The Construction Manager shall have authority to act on behalf of the Owner only to
the extent provided in this Agreement. The Construction Manager shall not have control over, charge of, or
responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and
programs in connection with the Work of each of the Contractors, since these are solely the Contractor's rights and
responsibilities under the Contract Documents. The Construction Manager shall not be responsible for a Contractor's
failure to perform the Work in accordance with the requirements of the Contract Documents. The Construction
Manager shall be responsible to the Owner for the Construction Manager's negligent acts or omissions, but shall not
have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or Multiple Prime
Contractors, Subcontractors, or their agents or employees, or any other persons or any other persons or entities
performing portions of the Work. Subject to Section 3.3.14, nothing in this section is intended to limit the Construction
Manager's duly to report to the Owner and the Architect all defects in the Work or deviations from the Contract
Documents that have been observed by or reported to the Construction Manager. Subject to Section 3.3.14, nothing
this section is intended, or shall be construed to, negate or limit the Construction Manager's duties to the Owner in
Section 2.2.
§ 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations and requests for
information of the meaning and intent of the Drawings and SpeG44G iei4s v1,44A i4v ,ri**^^ r^^^mm^^a^* ^r
Specifications, and assist in the resolution of questions that may arise.
§ 3.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals,
submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and
Construction Change Directives that incorporate the Architect's modifications to the Contract Documents.
§ 3.3.18 The Construction Manager shall assist the Initial Decision Maker in the review, evaluation and
documentation of Claims, subject to Section 4.3.1.7.
§ 3.3.19 Utilizing the submittal schedules provided by each Contractor, the Construction Manager shall prepare, and
revise as necessary, a Project submittal schedule incorporating information from the Owner, Owner's consultants,
Owner's separate contractors and vendors, governmental agencies, and all other participants in the Project under the
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 10
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail
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management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to the
Architect for approval. The Construction Manager shall promptly review all Shop Drawings, Product Data, Samples
and other submittals from the Multiple Prime Contractors for compliance with the submittal requirements of the
Contract, coordinate submittals with information contained in related documents, and transmit to the Architect those
that the Construction Manager recommends for approval. The Construction Manager's actions shall be taken in
accordance with the Project submittal schedule approved by the Architect, or in the absence of an approved Project
submittal schedule, with such reasonable promptness as to cause no delay in the Work or in the activities of the
Contractor, other Multiple Prime Contractors, the Owner, or the Architect.
§ 3.3.20 The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on
the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other
similar relevant data as the Owner may require.
§ 3.3.20.1 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as
agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect,
showing percentages of completion and other information identified below:
.1 Work completed for the period;
.2 Project schedule'
.3 Submittal schedule and status report, including a summary of remaining and outstanding submittals;
.4 Request for information, Change Order, and Construction Change Directive status reports;
.5 Tests and inspection s;; reports by the Owner
.6 Status report of nonconforming and rejected Work;
.7 Daily logs;
.8 Summary of all Multiple Prime Contractors' Applications for Payment;
9 (,, ,,l t;.,o t t l F tl o
Co,
t of tho 1x7 L�r�1 t7 to ; 1,, 7; t)AG, r t t; T T o G9R4PG14Sa4914
at t40 Sit@,
.10 Cash-flow and forecast reports; and
.11 A �, 04AGA - ;to..,'s tho nW140
N/A
§ 3.3.20.2 In addition, for Projects constructed on the basis of the Cost of the Work, the Construction Manager shall
include the following additional information in its progress reports:
.1 r„4t4-„,.t,,4. ,,,-v f, re@ r-ep,,,-t.
.3 Cost summary, comparing actual costs to updated cost estimates; and
.4 Any other items as the Owner may require:
5 Fctimntec
N/A
§ 3.3.21 Utilizing the documents provided by the Contractor, the Construction Manager shall maintain at the site one
copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and
marked currently to record all changes and selections made during construction, and in addition, approved Shop
Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records,
in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations
certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records
available to the Architect and the Contractor, and upon completion of the Project, shall deliver them to the Owner.
§ 3.3.22 The Construction Manager shall arrange for the delivery, storage, protection and security of
Owner -purchased materials, systems and equipment that are a part of the Project until such items are incorporated into
the Work.
§ 3.3.23 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the
Contractor's or Multiple Prime Contractors' final testing and start-up of utilities, operational systems and equipment
and observe any commissioning as the Contract Documents may require.
Init. AIA Document C132” - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 11
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail
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§ 3.3.24 When the Construction Manager considers each Contractor's Work or a designated portion thereof is
substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of
incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the
Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially
complete.
§ 3.3.25 When the Work or designated portion thereof is substantially complete, the Construction Manager shall
prepare, and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion. The
Construction Manager shall submit the executed Certificate to the Owner and Contractor. The Construction Manager
shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial
Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of
the Work of the Contractor or Multiple Prime Contractors and make recommendations to the Architect when Work is
ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections.
§ 3.3.26 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following
information received from the Contractor or Multiple Prime Contractors: (1) certificates of insurance received from
the Contractor or Multiple Prime Contractors; (2) consent of surety or sureties, if any, to reduction in or partial release
of retainage or the making of final payment; (3) affidavits, receipts, releases and waivers of liens or bonds
indemnifying the Owner against liens; and (4) any other documentation required of the Contractor under the Contract
Documents, including warranties and similar submittals.
§ 3.3.27 The Construction Manager shall deliver all keys, manuals, record drawings and maintenance stocks to the
Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project
Certificate for Payment or final Application for Payment and final Certificate for Payment upon the Contractor's
compliance with the requirements of the Contract Documents.
§ 3.3.28 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract
Documents shall not be restricted, modified or extended without written consent of the ,
A r-ekiteet mid r Mobile 1441 e rai r-Aeters Owner and Construction Manager. Consent shall not be
unreasonably withheld.
§ 3.3.29 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion,
the Construction Manager shall, without additional compensation, conduct a meeting with the Owner to review the
facility operations and performance.
ARTICLE 4 ADDITIONAL SERVICES
§ 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The
Construction Manager shall provide the listed Additional Services only if specifically designated in the table below as
the Construction Manager's responsibility, and the Owner shall compensate the Construction Manager as provided in
Section 11.2.
(Designate the Additional Services the Construction Manager shall provide in the second column of the table below.
In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an
exhibit, identify the exhibit)
Services
Responsibility
Location of Service Description
(Construction Manager,
(Section 4.2 below or in an exhibit
Owner e -F
attached to this document and
mor
identified below)
Not Provided)
§ 4.1.1 Measured drawings
Owner
§ 4.1.2 Architectural interior design
Owner
(B252TM-2007)
§ 4.1.3 Tenant -related services
Owner
§ 4.1.4 Commissioning (B211TM-2007)
Owner
§ 4.1.5 LEED® certification X24 ' M 221 Z)
Owner (if required)
(B214TM-2007)
§ 4.1.6 Furniture, furnishings, and equipment
Owner
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 12
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail
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design 253TM-2007
§ 4.2 Insert a description of each Additional Service designated in Section 4. 1, if not further described in an exhibit
attached to this document.
§ 4.3 Additional Services may be provided after execution of this Agreement, without invalidating this Agreement.
Except sto the extent services are required due to the fault of the Construction Manager, any Additional
Services provided in accordance with this Section 4.3 shall entitle the Construction Manager to compensation
pursuant to Section 11.3.
§ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Construction Manager shall
notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The
Construction Manager shall not proceed to provide the following services until the Construction Manager receives the
Owner's written authorization:
.1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by
the Owner, or a material change in the Project including, but not limited to, size, quality, complexity,
the Owner's schedule or budget for Cost of the Work, or procurement or delivery method, or bid
packages in addition to those listed in Section 1.1.6;
.2 Services necessitated by the enactment or revision of codes, laws or regulations or official
interpretations after the date of this Agreement;
.3 Preparation of documentation for alternate bid or proposal requests proposed by the Owner;
.4 Preparation for, and attendance at, a polbli , eet,-H . E)r lieaf'H ;at public presentations,
meetings or hearings,•
.5 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the
Construction Manager is party thereto;
.6 Providing consultation concerning replacement of Work resulting from fire or other cause during
construction and furnishing services required in connection with the replacement of such Work;
.7 Assistance to the Initial Decision Maker, if other than the Architect; or
.8 Service as the Initial Decision Maker.
§ 4.3.2 To avoid delay in the Construction Phase, the Construction Manager shall provide the following Additional
Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the
need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give
prompt written notice to the Construction Manager, and LiLthe Owner shall compensate the Construction Manager for
those services performed prior to the Construction Manager's receipt of the Owner's written notice_ and (ii) the Owner
shall have no further obligation to compensate the Construction Manager for those services and the Construction
Manager shall have no further obligation to the Owner to perform those services:
.1 Services in evaluating an extensive number of Claims submitted by a Contractor or others in
connection with the Work when the Architect is serving as the Initial Decision Maker.
.2 To the extent the Construction Manager's Basic Services are affected, providing Construction Phase
Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of
Substantial Completion, identified in Initial Information, whichever is earlier.
.3 Services required in an emergency to coordinate the activities of a Contractor or Multiple Prime
Contractors in the event of risk of personal injury or serious property damage, consistent with Section
3.3.13.
§ 4.3.3 If the services covered by this Agreement have not been completed within Six ( 60 ) months of the date of
this Agreement, through no fault of the Construction Manager, extension of the Construction Manager's services
beyond that time shall be compensated as Additional Services.
ARTICLE 5 OWNER'S RESPONSIBILITIES
§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Project, including the Owner's program, other objectives, schedule,
constraints and criteria, special equipment, systems, and site requirements. Within 15 days after receipt of a written
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 13
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
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request from the Construction Manager, the Owner shall furnish the requested information as necessary and relevant
for the Construction Manager to evaluate, give notice of, or enforce any lien rights, if any.
§ 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget
for the Cost of the Work as defined in Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies
related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the
Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation
with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the Work
or in the Project's scope and quality.
§ 5.3 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries
with it the risk of additional costs. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees
to include in the budget for the Project sufficient contingencies to cover such costs.
§ 5.4 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA
Document B 132-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as
Adviser fir. Edition, as modified. The Owner shall provide the Construction Manager a copy of the executed
agreement between the Owner and Architect, and any further modifications to the agreement.
§ 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the t.
Project for the approval of all -day-to-day issues requiring Owner approval and for additional services resulting in
additional Construction Manager costs and fees not to exceed a cumulative Project total of $50,000. In no event shall
the Owner's representative have authority to agree on behalf of Owner to any other adjustments to the Contract Sum
or Contract Time. Except for the foregoing, all adjustments to the Contract Sum or Contract Time require approval of
the Owner's Council. The Owner shall render decisions pertaining to documents the Construction Manager submits in
a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction
Manager's services.
§ 5.6 Unless otherwise required by this Agreement to be provided by the Construction Manager, the Owner shall
furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and
a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines
of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage;
rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and
information concerning available utility services and lines, both public and private, above and below grade, including
inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 5.7 Unless otherwise required by this Agreement to be provided by the Construction Manager, the Owner shall
furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits,
determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground
corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written
reports and appropriate recommendations.
§ 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Construction
Manager. Upon the Construction Manager's request, the Owner shall furnish copies of the scope of services in the
contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other
than those designated in this Agreement, or authorize the Construction Manager to furnish them as an Additional
Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by
the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance and
other liability insurance as appropriate to the services provided.
§ 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
§ 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 14
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail
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§ 5.11 The Owner shall provide prompt written notice to the Construction Manager and Architect if the Owner
becomes aware of any fault or defect in Project, including errors, omissions or inconsistencies in the Architect's
Instruments of Service or any fault or defect in the Construction Manager's services.
§ 5.12 The Owner reserves the right to perform construction and operations related to the Project with the Owner's
own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's
responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent
action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities
under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be
subject to the same obligations and to have the same rights as the Contractors.
§ 5.13 Except as otherwise provided in this Agreement, or when direct communications have been specially
authorized, the Owner shall endeavor to communicate with the Contractor and the Construction Manager's
consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The
Owner shall promptly notify the Construction Manager of any direct communications that may affect the Construction
Manager's services.
§ 5.14 Before executing the Contract for Construction, the Owner shall coordinate the Construction Manager's duties
and responsibilities set forth in the Contract for Construction with the Construction Manager's services set forth in this
Agreement. The Owner shall provide the Construction Manager a copy of the executed agreements between the
Owner and Contractors, including the General Conditions of the Contracts for Construction.
§ 5.15 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the
Work and shall obligate the Contractor to provide the Construction Manager access to the Work wherever it is in
preparation or progress.
4 5.16 The services, information and reports provided by the Owner pursuant to this Article 5 shall be provided at the
Owner's expense, and except for underground utilitv facility locations provided to the Owner by private utilities, the
accuracy and completeness of which Owner does not warrant, the Construction Manager shall be entitled to rely upon
the accuracv and completeness thereof.
ARTICLE 6 COST OF THE WORK
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by the Architect and shall include the contractors' general conditions
costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and
Construction Manager's Consultants during the Construction Phase only, including compensation for reimbursable
expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of
the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of
the Owner.
§ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout
the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner's budget, preliminary estimates for the
Cost of the Work and detailed estimates of the Cost of the Work prepared by the Construction Manager represent the
Construction Manager's judgment as a person or entity familiar with the construction iHdos Itis
recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor,
materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding, market or
negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or
negotiated prices will not vary from the budget proposed, established or approved by the Owner, or from any cost
estimate or evaluation prepared by the Construction Manager.
§ 6.3 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists
between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the
Construction Manager shall work cooperatively to conform the cost estimates to one another.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of
the Work exceeds the Owner's budget for the Cost of the Work, the Construction Manager, in consultation with the
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
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document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
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Architect, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and
the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's
budget for the Cost of the Work, the Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 in consultation with the Construction Manager and Architect, revise the Project program, scope, or
quality as required to reduce the Cost of the Work; or
.3 implement any other mutually acceptable alternative.
ARTICLE 7 COPYRIGHTS AND LICENSES
The Construction Manager and the Construction Manager's consultants, if any, shall not own or claim a copyright in
the Instruments of Service. The Construction Manager, the Construction Manager's consultants, if any, and the Owner
warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright
owner of such information or has permission from the copyright owner to transmit such information for its use on the
Project. If the Owner and Construction Manager intend to transmit Instruments of Service or any other information or
documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 General
§ 8.1.1 The Owner and Construction Manager shall commence all claims and causes of action, whether in contract,
tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of
the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, lbot
.tet ,ti, o tl, .,., 1-0 years a4e - t4p, .1 .,to Rf'�a64""t' • Pi@tjE)H E)f 4@ HAIL. -,-L The--, a:1d_ cvag4PJrn civil
MaHager- waive, .,11 ,.1.,;ms; —mid ,. o „F .,,.t;,,,: .,,,t ,. o oa „tl, this Coe-Aia-., 8-1 1 .law.
§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Construction Manager waive all
rights against each other and against the contractors, consultants, agents and employees of the other for damages,
except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232-2009,
General Conditions of the Contract for Construction. The Owner or the Construction Manager, as appropriate, shall
require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other
parties enumerated herein.
§ 8.1.3 The Construction Manager shall indemnify and hold the Owner and the Owner's officers and employees
harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable
attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent
acts or omissions of the Construction Manager, its employees and its consultants in the performance of professional
services under this Agreement. T44-_r,,4,,44,,,.t;,,4,1` a,,i4age a", t„ ii4 je 4i4i f , the, n.,,,,
1;4ti.R_ R4:��,,,-„�,.o .All indemnification obligations under this Section shall
survive termination, expiration or cancellation of this Agreement. The Construction Manager agrees, that in order to
protect itself and the Owner under the indemnity provisions set forth in this Section 8.1.3, it will at all times during the
term of this Agreement keep in force policies of insurances required in Section 2.6. Nothing in this Contract shall be
construed to waive any immunities or limitations to which Owner is entitled under Minnesota Statute, Chapter 466 or
otherwise.
§ 8.1.4 The Construction Manager and Owner waive consequential damages for claims, disputes or other matters in
question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all
consequential damages due to either party's termination of this Agreement, except as specifically provided in Section
9.7.
§ 8.2 Mediation
§ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
., ,, ,1;t; ,,H t„ 1.4 ,1;,, .. ,1; SP„to 01„t; ,,,: TF 1,401, ,ti..,tto,- ol.,to1 „f ., l;o.,
,1;1.10 la t„ G pl 4h tl,o l;o,� ,i„tiee Alit
,..,.. ,10.,,11;.,0pr-1„4iR4:1 „f tl,olay Ek ti8f lay
laiREl fig a;Sp„to re'; 414#iO .mediation. Mediation is not a condition precedent to commencing litigation. If litigation is
commenced, the parties agree to mediate before proceeding with formal discovery.
Init. AIA Document C132” - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects,” "AIA,” the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 16
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
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§ 8.2.2
§ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
be enforceable as settlement agreements in any court having jurisdiction thereof.
§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding
dispute resolution shall be the following:
(Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute
resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation,
the dispute will be resolved in a court of competent jurisdiction.)
[ X ] Litigation in a court of competent jurisdiction
§ 8.3 Arbitr-ationintentionally Deleted
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
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;t .,1;.7.,x 91 02\ rho .,,-h;t,-.,494gIs t., ho00-P 01idAtRd '„b 14A144a!1 ' ; 94'e est;„1,Is 041A4.* 4'.,,4
^ the .,, e P1„Y flA.,to,-ja!! 1l.;1.,,- 1 ,101 .,,,,7 ,: e_ -4b Rd1; F,,,-
§ 9.3.4.2 er paAy, at its sele Eisei-@t z41611ia0 lay jvii iff P@-SE)411
SE)ffgli 4„ )a@ ; 0,7 ,. o.,�� ; 1-;t4lg tE) SldG� ; fld GE) @4# t„b_44: iR_f1jfJN'E)!N'jfJg .1
PGFS914 ,,,- 1#45' Shall ,,.,t ,. 1 441_1te 007Aq0APt tO bi tiO7A .,F aR, ' ,.1., jiS „to P .,tho,- 1,,.,tto,-
0.
41 the . ;tte., 1Jt �S
§ 8.3.4.3 Tho 01.,,1,0,- .,1,.7 0`„1,,41-1,,.t;.,1, _M_A 4age1- ff 1,t te a445, per-sei4 er- ei#45, 1,4aje ., paFty t(4 44 A4:b_i4.,t;01,
.,,7o1-th;'S co,.t;,).1 43 . hothol-ham fldff E)kd,t;,,.1 tho gl tS „4;„;.1,701-.,.1,7 ,. „1;,7 ., t; ,,., -; the n...,
1„ 7 r „11,4-p etiat T R.,tiage1- H e1- this
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 4 -Except for amounts that are the subject of a good faith dispute, if the Owner fails to make payments to the
Construction Manager in accordance with this Agreement, such failure shall be considered substantial
nonperformance and cause for termination or, at the Construction Manager's option, cause for suspension of
performance of services under this Agreement. If the Construction Manager elects to suspend services, the
Construction Manager shall give seven days' written notice to the Owner before suspending services. In the event of a
suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused the
Owner because of such suspension of services. Before resuming services, the Construction Manager shall be paid all
sums due in accordance with the Agreement prior to suspension and any expenses incurred in the interruption and
resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and
the time schedules shall be equitably adjusted.
§ 9.2 If the Owner suspends the Project, the Construction Manager shall be compensated for services performed prior
to notice of such suspension. When the Project is resumed, the Construction Manager shall be compensated for
expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction
Manager's fees for the remaining services and the time schedules shall be equitably adjusted.
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Construction Manager, the Construction Manager may terminate this Agreement by giving not less than seven days'
written notice.
§ 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party
fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the
termination.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Construction
Manager for the Owner's convenience and without cause.
§ 9.6 14q ththe ewe t of te^,�^t: ^.. To the extent a termination by the Owner is not the fault of the Construction Manager,
the Construction Manager shall be compensated for services performed prior to termination, together with
Reimbursable Expenses then Jue, ,,,,,7 „n Te1i:ni ,,,tia i-HrCe ue, including expenses
directly attributable to the termination for which the Construction Manager is not otherwise compensated.
§ 9.7
1the rR-4is- 1,.tio TR.,Hage1-'s .1tieip.,te,7 .11-Fi
„t ,,.1 the ..,h,e „f the Se e „t .1e1-f8F1ti1e,7 ay >
,t 4„1- -1
et -414h heley,. Reserved..
§ 9.7.1 In the event of termination for the Owner's convenience prior to commencement of construction, the
Construction Manager shall be entitled to receive payment for services performed, including costs incurred by reason
of such
V4:e, o4q,;t,-1,.1tie l44.,se.termination.
Init. AIA Document C132” - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 18
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
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§ 9.7.2 In the event of termination for the Owner's convenience after commencement of construction, the
Construction Manager shall be entitled to receive payment for services performed and costs incurred by reason of such
t@F fl1;41.,t;„4, .,1„41... ;tl, .,1.10 „ 04,-1, o.,a .,4„1 ,�,-„F;� „ „� ,. ,�10t0,�1 a,,,-iHg tl,o C'',,,:��,4,,.t;,,,: Dl,.,sSo
V.
o � �o 0
termination.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the law of the place where the Project is lae tea, 04 eept that if the p,,Aie-
11.,.,04 �04104,.t04,1 11;t4 -.,t;„41 .,g7 t1,04 4Re_-Qh,,,1 „_f )ai ,4Hg EliSp11t04 r@ „ 111t;„4, t1104 Lo,�10,-.,1 n,-1.;t,-.,tjE)f A ffgh.,1 Fff
located.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232-2009, General
Conditions of the Contract for Construction, except for purposes of this Agreement, the term "Work" shall include the
work of all Contractors under the administration of the Construction Manager.
§ 10.3 The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and
legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement
without the written consent of the other, except that the Owner may assign this Agreement to a lender providing
financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement.
§ 10.4 If the Owner requests the Construction Manager to execute certificates, the proposed language of such
certificates shall be submitted to the Construction Manager for review at least 14 days prior to the requested dates of
execution. If the Owner requests the Construction Manager to execute consents reasonably required to facilitate
assignment to a lender, the Construction Manager shall execute all such consents that are consistent with this
Agreement, provided the proposed consent is submitted to the Construction Manager for review at least 14 days prior
to execution. The Construction Manager shall not be required to execute certificates or consents that would require
knowledge, services or responsibilities beyond the scope of this Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of
a third party against either the Owner or Construction Manager.
§ 10.6 Unless otherwise required in this Agreement, the Construction Manager shall have no responsibility for the
discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic
substances in any form at the Project site.
§ 10.7 The Construction Manager shall have the right to include photographic or artistic representations of the design
of the Project among the Construction Manager's promotional and professional materials. The Construction Manager
shall be given reasonable access to the completed Project to make such representations. However, the Construction
Manager's materials shall not include the Owner's confidential or proprietary information if the Owner has previously
advised the Construction Manager in writing of the specific information considered by the Owner to be confidential or
Tl,o 0.,,,,044- ';]q A-!! p 'i je, .,,-.,Fo��.,,,.,1 -o.7;t F.,,- tl,o .,,,�t,-.,..t.,,, M.,i4ager- i7A flhe, 0.4,7A044-', p 94914a
4,,A404-;.,11 f„ - the, J2-9JeGt.proprietary..
§ 10.8 If t�04 Ta.,,,. ge - 9 r s -;,,f,,, -.,,.,t;,,,, ,.;f;,..,ll., jesig,,.,t04a h., 440 9+,04,- aS
110041 40,71tiA- "lhAsiRGSS 404 FGGG;.,44g 41", shall keep s ,Gh ;1,fo4-4,,Atio7A st4-iGtly ..944je7,tiAl XAd ;)AA11
4:1R_t ,1; �,.1„�04 ;t t„ .,ff „t1,044- p -Saf 04 ept to (1) its 04 pla ee (7) .0,1,,, .,0404,1 t„ 1C.,,,40, t1,04 ,. 4,t044,t „fg4,,.1,
4,f„4:4:R ,t;„41 ,1044- t„pfffOFFA SOFR60S OF 41St1-. 646)4, S„10414 4„E1 04 ,,.1„S;. 0414 f„4- 440 12FE ;06t, (3) ;tS 6 1t
„.,4,t,q
-A4-:-Id- 11
..,„ 1s04 ,. ., t, -.,,.tom ; ,.1„a04��,-04�t, ,.t;,,.,� „41 t1,04 , „f 04 ,.,,.,f;a04., t; .,1 ;41- .,.1.,;„41. -Reserved.
§ 10.9 Record Keeping—Availability and Retention. Pursuant to Minnesota Statutes, Section 16C.05, subd. 5,
Construction Manager agrees that the books, records, documents and accounting procedures and practices of
Construction Manager, that are relevant to the Contract or transaction, are subject to examination by the Owner and
the state auditor for a minimum of six (6) years. Construction Manager shall maintain such records for a minimum of
six (6) years after final payment.
§ 10.10 Independent Contractor Status. The Construction Manager, at all times and for all purposes hereunder, shall be
an independent contractor and is not an employee of the Owner for any purpose. No statement contained in this
Agreement shall be construed so as to find the Construction Manager to be an employee of the Owner, and the
Init. AIA Document C132” - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 19
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Construction Manager shall not be entitled to any of the rights, privileges, or benefits of employees of the Owner,
including but not limited to, workers' compensation, health/death benefits, and indemnification for third -party
personal injury/prope , damage claims. The Construction Manager acknowledges that no withholding or deduction
for State or Federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due the Construction
Manager hereunder, and that it is the Construction Manager's sole obligation to comply with the applicable provisions
of all such Federal and State tax laws. The Construction Manager shall at all times be free to exercise initiative,
judgment and discretion as to how to best perform or provide services identified herein. The Construction Manager is
responsible for hiring sufficient workers to perform the services/duties required by this Agreement, withholdingtheir
taxes and paying all other employment tax obligations on their behalf.
§ 10.11 Modifications/Amendment. Any alterations, variations, modifications, amendments or waivers of the
provisions of this Agreement shall only be valid when they have been reduced to writing,and signed by authorized
representative of the Owner and the Construction Manager.
§ 10.12 Independent Contractor Status. The Construction Manager acknowledges that no withholding or deduction for
State or Federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due The Construction
Manager, and that it is The Construction Manager's sole obligation to comply with the applicable provisions of all
Federal and State tax laws.
§ 10.13 Compliance with Laws. The Construction Manager shall comply with all Federal, State and local laws, statutes,
ordinances, rules and regulations now in effect or hereinafter adopted applicable to the services for which the
Construction Manager is responsible under this Agreement.
§ 10.14 Non -Discrimination. The provisions of any law or ordinance relating to civil rights and discrimination
applicable to the services for which the Construction Manager is responsible under this Agreement shall be considered
Dart of this Agreement as if fully set forth herein.
§ 10.15 Data Practices. The Parties acknowledge that this Contract is subject to the applicable requirements of
Minnesota's Government Data Practices Act (Act), Minnesota Statutes, Section 13.01 et seq. The Construction
Manager agrees cooperate with the Owner with respect to the Owner's obligations to comply with the requirements of
the Act.
§ 10.16 Force Majeure. The Parties shall each be excused from performance under this Contract while and to the extent
that either of them are unable to perform, for any cause beyond its reasonable control. Such causes shall include, but
not be restricted to fire, storm, flood, earthquake, explosion, war, epidemic or pandemic, total or partial failure of
transportation or delivery facilities, raw materials or supplies, interruption of utilities or power, and any act of
government or military authority. In the event either Party is rendered unable wholly or in part by force majeure to
carry out its obligations under this Contract then the Party affected by force majeure shall give written notice with
explanation to the other Party immediately.
§ 10.17 Work Product. All materials such as reports, exhibits, models, graphics, computer files, maps, charts, and
supporting documentation produced under work authorized by this Contract ("Materials") shall become the properly
of the Owner upon completion of the work. The Owner may use the information for the Project for which they were
prepared.
§ 10.18 No Waiver. An rarty's failure in any one or more instances to insist upon strict performance of an o'er
terms and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment of that right or of that Pa 's right to assert or rely upon the terms and conditions of this Agreement.
Any express waiver of a term of this Agreement shall not be binding and effective unless made in writing and properly
executed by the waiving Pa 1 .
§ 10.19 Severability. The invalidity or unenforceabilitv of any provision of this Agreement shall not affect the validity
or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this
Agreement to the extent of its invaliditv or unenforceability, and this Agreement shall be construed and enforced as if
the Agreement did not contain that particular provision to the extent of its invalidity or unenforceabilitv.
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 20
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
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ARTICLE 11 COMPENSATION
§ 11.1 For the Construction Manager's Basic Services described under Article 3, the Owner shall compensate the
Construction Manager as follows:
§ 11.1.1 For Preconstruction Phase Services in Section 3.2:
(Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages)
Compensation for Preconstruction Phase Services (Phase 1) shall be as lump sum of Seven Thousand Five Hundred
Dollars and No Cents ($7,500.00).
§ 11.1.2 For Construction Phase Services in Section 3.3:
(Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages.)
Compensation for the Construction Phase Site Services and Fees (Phase 2) shall be a lumps sum of Four Hundred
Eighty -Two Thousand Four Hundred Fifteen Dollars and No Cents ($482,415.00). The Construction Management
Site Services and Fee is based upon the project time frames referenced in Article 1.1.4. An,r�ges in the project
schedule, Site Services or Fee consisting of additions, deletions or revisions will be submitted in written detail to the
Owner for approval prior to the commencement of any work.
§ 11.2 For Additional Services designated in Section 4. 1, the Owner shall compensate the Construction Manager as
follows:
(Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of
compensation apply.)
Additional Services shall be billed in accordance with the attached Exhibit 2 — 2020 Contract Billing Rates
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the
Owner shall compensate the Construction Manager as follows:
(Insert amount of, or basis for, compensation.)
Additional Services shall be billed in accordance with the attached Exhibit 2 — 2020 Contract Billing Rates and
Exhibit 3 — Tools & Equipment Rental Rates
§ 11.4 Compensation for Additional Services of the Construction Manager's consultants when not included in
Sections 11.2 or 11.3, shall be the amount invoiced to the Construction Manager plus One and Sixty -Five Tenths
percent (1.65 %), or as otherwise stated below:
N/A
§ 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager's consultants,
if any, are set forth below. The rates shall be adjusted in accordance with the Construction Manager's and
Construction Manager's consultants' normal review practices.
(If applicable, attach an exhibit of hourly billing rates or insert them below.)
See the attached Exhibit 2 — 2020 Contract Billing Rates
Employee or Category Rate ($0.00)
See the attached Exhibit 2 — 2020 Contract Billing
Rates
§ 11.6 Compensation for Reimbursable Expenses
§ 11.6.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include
expenses incurred by the Construction Manager and the Construction Manager's consultants directly related to the
Project, as follows:
.1 Transportation and authorized out-of-town travel and subsistence; including miscellaneous travel and
expenses;
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 21
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
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.2 Long distance services, dedicated data and communication services, teleconferences, Project Web
sites, and extranets;
.3 Fees paid for securing approval of authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, standard form documents;
.5 Postage, handling and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
.7 Professional photography, and presentation materials requested by the Owner;
.8 Construction Manager's consultant's expense of professional liability insurance dedicated exclusively
to this Project, or the expense of additional insurance coverage or limits if the Owner requests such
insurance in excess of that normally carried by the Construction Manager's consultants;
.9 All taxes levied on professional services and on reimbursable expenses;
.10 Site office expenses; and Site Office Equipment & Supplies,
.11 Other similar Project -related expenditures.
.12 Construction Collaboration Technology,
.13 Project Superintendent Truck, Computer, and Tools,
.14 Umbrella Liability Insurance at a rate of 0.79%,
.15 General Condition Expenditures.
§ 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager
and the Construction Manager's consultants plus two and one-half percent ( 2.5 %) of the expenses incurred.
§ 11.7 Payments to the Construction Manager
§ 11.7.1 An initial payment of zero ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner's account in the final invoice.
§ 11.7.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid this( 30
) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate
prevailing from time to time at the principal place of business of the Construction Manager. The provisions of the
Municipal Prompt Payment Act, Minn. Stat. $ 471.425 ("PPA") shall govern late payments made under this
Agreement.
(Insert rate of monthly or annual interest agreed upon.)
4-4% per annum
§ 11.7.3 T4ie—"_;.*4 o,- sh ll ,i„t . ,; t1, 1, „1,1 ., i4s; F am the, r,,4i,_A4g4eAi ,., _Maf age - o �.,�;,,., �„ ;—pose a o .,lt-y
OF 4,,,,id to,1 ElaF agOS Ot tl,o r,,41g_4P4eAi,,4, TR.,.,age- z* -v -vii- set soflAS o @St@El by OF Paid tO r,,4,_4-.,,.4,,4 _"_ tl,o eagt
E)f ,.l,.,Hg@S ;., tl,o 1x7,,4 -1C , .,10�� the, r,,.,sto,, tial, T R.,tiaget:., 14.,S l.00., F,,,,.,a 1; .,1.10 F,,,- tl,o ., HtS itJ ., 1.;.,a;.,ff
aisptAe re „ 1„tiat oediff Intentionally Deleted.
§ 11.7.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on
the basis of hourly rates shall be available to the Owner at mutually convenient times. The Construction Manager shall
keep and maintain accurate documentation of all claimed reimbursable expenses in such a form that they may be
independently audited.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
§ 12.1 DOCUSIGN ELECTRONIC SIGNING SYSTEM. The Construction Manager has an agreement with DocuSign, Inc.
("DocuSign") with respect to the DocuSign electronic signing system (the "DocuSign System"). The DocuSign
System may be used to facilitate the administration and execution of the Owner's Construction Contracts with the
Multiple Prime Contractors, as well as various other Contract Documents requiring signatures. Should the Owner
elect to have the Construction Manager use the DocuSign System with respect to M portion of the Project, the Owner
acknowledges and agrees that (i) the Owner conducted its own independent investigation and evaluation as to all legal
and other considerations related to its decision to use the DocuSign System on the Project, (ii) the Owner did not rely
on any advice, recommendations or representations of the Construction Manager in making the Owner's independent
determination to use the DocuSign System on the Project, (iii) the Construction Manager and DocuSign are not
affiliated with each other and the Construction Manager does not warrant or guarantee any portion of the DocuSign
Init. AIA Document C132" - 2009 (formerly B801TM CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 22
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
User Notes: (1126905156)
Packet Page Number 187 of 292
J2, Attachment 2
System, (iv) the Construction Manager does not warrant or guarantee that the DocuSi ng_system complies with or
satisfies any legal requirements applicable to its use on the Project, and (v) to the fullest extent permitted by law, the
Owner waives, and shall hold harmless and indemnify the Construction Manager from and against, all claims, causes
of action, costs, expenses and damages (including reasonable attorney's fees) arising out of or resulting from the use of
the DocuSi nn System on the Project.
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction
Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both Owner and Construction Manager.
§ 13.2 This Agreement is comprised of the following documents listed below:
.1 AIA Document C 132TM-2009, Standard Form Agreement Between Owner and Construction Manager
as 44v4sc+Adviser_ as audited
.2 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed, or the following:
N/A
.3 AIA Document E202TM-2008, Building Information Modeling Protocol Exhibit, if completed, or the
following:
N/A
.4 Other documents:
(List other documents, if any, including additional scopes of service forming part of the Agreement)
Exhibit 1 — 2020 Contract Billing Rates
Exhibit 2 —Tools & Equipment Rental Rates
This Agreement is entered into as of the day and year first written above.
OWNER (Signature)
(Printed name and title)
Kraus -Anderson® Construction Company
CONSTRUCTION MANAGER (Signature)
Terrance P Hart
Vice President, Director of Operations
(Printed name and title)
Init. AIA Document C132- - 2009 (formerly B801*M CMa- 1992). Copyright @ 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved.
The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This 23
document was produced by AIA software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for
one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail
copyright@aia.org.
User Notes: (1126905156)
Packet Page Number 188 of 292
J2, Attachment 2
Certification of Documents Authenticity
AIA° Document D401 - — 2003
I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document
simultaneously with this certification at 11:31:24 ET on 08/18/2020 under Order No. 7449099792 from AIA Contract
Documents software and that in preparing the attached final document I made no changes to the original text of AIA®
Document C 132TM — 2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser, as
published by the AIA in its software, other than changes shown in the attached final document by underscoring added
text and striking over deleted text.
(Signed)
(Title)
(Dated)
AIA Document D401 *M - 2003. Copyright @ 1992 and 2003 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,"
"AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA
software at 11:31:24 ET on 08/18/2020 under Order No.7449099792 which expires on 12/13/2020, is not for resale, is licensed for one-time use only, and may only
be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org.
User Notes: (1126905156)
Packet Page Number 189 of 292
J3
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Maplewood City Council
REPORT FROM: Melinda Coleman, City Manager
Lois Knutson, Admin. Services & Performance Measurement Coordinator
PRESENTER: Melinda Coleman, City Manager
AGENDA ITEM: Review of City of Maplewood Charitable Gambling Policies
Action Requested: ❑ Motion ✓ Discussion ❑ Public Hearing
Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
Each year the Maplewood City Council is responsible for determining how Charitable Gambling
funds are dispersed. In the past several years the budgeted amount to award has been $30,000.
This year, COVID has affected the funds generated through lawful gambling and there is $15,000 to
award in 2021.
Recommended Action:
Staff recommends the City Council review the City's current Charitable Gambling policy and
determine if there is a more equitable way to distribute the funds.
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 City of Maplewood grants funds from the Charitable Gambling Tax Fund to support activities
and services that benefit Maplewood residents.
Background
Per Minnesota Statutes, section 349.213, subdivision 1, paragraph (f)(2), a local unit of government
is allowed to require, by ordinance, a licensed organization to contribute up to 10% of the
organization's net profits derived from lawful gambling to a fund administered by the local unit of
government. The City of Maplewood has adopted an ordinance which requires the 10%
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J3
contribution. Cities that collect funds from charitable gambling proceeds must spend the money the
same way charities do — for defined charitable purposes.
In past years the City of Maplewood has publicized the application process for disbursement of
funds through letters to past recipients and articles in the Maplewood Living and on our website.
The City Council has reviewed the applications and determined how much money to give to each
organization. Over the past five years between 18 and 23 organizations annually have been
awarded Charitable Gambling Funds. The amount of each organization's award has varied with the
smallest amount being $200 and the greatest amount being $4,120.
Since there is considerably less money in the Charitable Gambling Fund this year it is
recommended that the City Council rethink the best way to distribute those funds. The City is not
required to post for applications, the City Council may simply determine what organization(s) they
want the funds to go to.
Attached is the Minnesota Gambling Control Board Guide for Cities - How Cities May Spend 10%
Lawful Gambling Contributions Required from Charities. This document references Minnesota
Statutes, section 349.12, subdivision 7a which specifically defines who the funds may be given to.
Also attached is the City's current Charitable Gambling Policies which were revised in 2012.These
policies can be modified with Council approval.
Attachments
1. Minnesota Gambling Control Board Guide for Cities —How Cities May Spend 10% Lawful
Gambling Contributions Required from Charities
2. City of Maplewood Charitable Gambling Policies
Packet Page Number 191 of 292
Guide for Cities
How Cities May Spend 10% Lawful Gambling
Contributions Required from Charities
A Attachment 1
Minnesota Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
651-539-1900
www.mn.gov/gcb
Minnesota Statutes, section 349.213, subdivision 1, paragraph (f)(2), allows a local unit of government to require,
by ordinance, a licensed organization to contribute up to 10% of the organization's net profits derived from lawful
gambling to a fund administered by the local unit of government. Net profits are gross profits less sums actually
expended for allowable expenses and amounts paid in taxes assessed on lawful gambling.
The funds must be disbursed by the city for charitable contributions as defined by section 349.12, subdivision 7a:
A city may donate 10% lawful gambling funds:
� For activities and facilities for youth under age 21.
To a 501(c)(3) organization provided that the city does not retain control of
these funds.
To a scholarship fund.
To relieve the effects of poverty, homelessness, or disability (for example, a
homeless shelter).
To a program for the education, prevention, or treatment of problem gambling.
For recognition of military service (free and open to the public) or support for
active military personnel and their immediate family members in need.
To a church.
With Minnesota Pollution Control Agency (PCA) approval, for citizen
monitoring of surface water quality by individuals (requires submitting data to
the PCA).
With Minnesota Department of Natural Resources (DNR) approval, for wildlife
management projects or activities that benefit the public -at -large; grooming or
Cities that
collect funds
from charitable
gambling
proceeds must
spend the
money the
same way as
charities do—
for defined
charitable
maintaining snowmobile or ATV trails, or other trails open to public use;
supplies and materials for DNR -coordinated safety training and education programs.
For nutritional programs, food shelves, and congregate dining programs primarily for persons age 62 or
older or disabled.
For community arts organizations, or sponsorship of community arts programs that are free and open to
the public.
For humanitarian service, recognizing volunteerism or philanthropy.
• A city may not transfer 10% lawful gambling funds to other city accounts (for example, its own parks and
recreation department, or police or fire department). A city may, however, purchase equipment and pay for
services to train police, fire, or other public safety-related services, and payment must be written directly to
the vendor. Examples include purchasing a police car, a fire truck, playground equipment, and training
courses for police and firefighters.
• If a city contracts out for law enforcement services or other emergency services, it may spend 10% lawful
gambling funds for those services (excluding pension obligations). The check must be written directly to the
outside entity providing those law enforcement services.
• While a city may not donate 10% lawful gambling funds to its city parks and recreation department, it may
donate 10% funds for playground equipment within a city park (allowed under activities and facilities for youth
under age 21), or for construction or maintenance of a veterans memorial within a city park (recognition of
military service). The checks must be written directly to the vendor. (Also, playground equipment and
veterans memorials need not be located in a city park.)
The city must submit form LG510 City or County Annual Report, 10% Lawful Gambling Contribution Fund, to
the Minnesota Gambling Control Board by March 15 of each year describing the amount collected, details for
disbursement, and any balance. The LG510 is available at www.mn.gov/gcb.
The Board will continue to monitor the receipt, proper disbursement, and fund balances. If you have any
questions about what is or is not allowed, please call the Minnesota Gambling Control Board at 651-539-1951.
10/18
Packet Page Number 192 of 292
J3, Attachment 2
CITY OF MAPLEWOOD
CITY COUNCIL POLICIES ON AWARDS OF
CHARITABLE GAMBLING TAX FUNDS
1. All licensed charitable gambling organizations within the City are required to contribute 10
percent (10%) of net profits derived from lawful gambling activity in the City to the
Charitable Gambling Tax Fund. These funds are dispersed by the City Council for lawful
expenditures.
2. All applications must be complete and submitted by the application deadline established by
the City Manager.
3. The City of Maplewood grants funds from the Charitable Gambling Tax Fund to support
activities and services that benefit Maplewood residents. The first priority in the granting of
funds will be given to the City of Maplewood domiciled organizations. The second priority
or consideration will be given to funding requests from other organizations which are used
primarily for the benefit of Maplewood residents. Funds shall be distributed for projects,
equipment, or activities that are based in the community and which primarily benefit
Maplewood residents and will be looked upon more favorably than requests for salaries or
general operating costs.
4. In general, requests from organized athletic groups will not be funded. Funding for these
programs should be from participating families or community auxiliary groups. There are so
many athletic organizations within the community that the City of Maplewood is not capable
of funding their financial requests or fairly determining appropriate recipients.
5. The amount of Charitable Gambling Tax Funds awarded to any request is determined by a
City Council vote. A request must receive 3 or more votes for funding in order to receive
Charitable Gambling Tax Funds.
6. All funds granted are required to be expended for the requested project within one year of the
date of the award letter. However, payment will not be made until after January 1 of the
award year. Grant recipients shall submit a letter to the City Manager requesting payment of
the grant award as well as provide specific information on how the funds were used (receipts
or other proof of expenditure) for the proposed purpose.
7. No employee or department of the City of Maplewood shall solicit a donation from a
licensed charitable organization without City Manager approval. If there is a financial need
for a specific program that was not funded in the City budget, staff may submit a request to
the City Manager for the use of Charitable Gambling Tax Funds.
8. The allocation of Charitable Gambling Tax Funds is an annual award. The receipt of funds
does not in any way guarantee or commit the City of Maplewood to funding in any
subsequent year. Each year's funding requires a new, separate application.
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J4
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Michael Sable, Assistant City Manager / HR Director
PRESENTER: Melinda Coleman, City Manager
Michael Sable, Assistant City Manager / HR Director
AGENDA ITEM: Review of City Council Meeting Format
Action Requested: ❑ Motion ✓ Discussion ❑ Public Hearing
Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
The COVID-19 pandemic has led to significant shifts in the city's service model, including meeting
format and structure for meetings of the city council and relevant city boards and commissions. At
the August 24, 2020 city council meeting the council directed staff to review other cities within the
region and to gather information on how best to proceed.
Recommended Action:
Discuss preferred method of holding City Council meetings, council -appointed board and
commission meetings, and council -appointed task force meetings.
Fiscal Impact:
Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $4,000.00
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.
Staff was directed to gather information and develop recommendations for changes to current
practice of remote city council meetings during the COVID-19 pandemic.
Background
Beginning March 16, 2020, all in-person city council meetings and meetings of council -appointed
boards and commissions were moved to telephone or by other electronic means by Emergency
Declaration 2020-1 due to COVID-19 concerns.
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J4
Since that time, the City continued to evaluate its COVID-19 response and forecast possible
changes to meeting formats and structure. At the August 24, 2020 city council meeting the council
directed staff to review other cities within the region and to gather information and make
recommendations on possible changes, if any.
Staff began a review of cities and counties in the region to assess how those entities currently
operate their city council meetings.
Meeting Format Options: There are three (3) formats identified for how those local units of
government are meeting: Virtual, In-person, and Hybrid.
Virtual: Meetings are held electronically via video/phone, and public hearings/public comment are
electronic via video/phone/email. Local governments include:
Hennepin, Ramsey, and Dakota counties, and cities of Bloomington, Brooklyn Center, Edina,
Golden Valley, Hugo, Inver Grove Heights, Minnetonka, Minneapolis, New Brighton North St. Paul,
Richfield, Robbinsdale, Rosemount, Roseville, Shakopee, Shoreview, St. Louis Park, St. Paul, and
White Bear Lake
In-person: Meetings are held in-person, and public hearings/public comment are in-person or
electronic via video/phone/email. Local governments include:
Anoka, Carver, and Washington counties, and cities of, Apple Valley, Arden Hills, Brooklyn Park,
Champlin, Chanhassen, Chaska, Columbia Heights, Coon Rapids, Cottage Grove, Crystal, Eagan,
Eden Prairie, Farmington. Forest Lake, Fridley, Hastings, Hopkins, Lake Elmo, Lakeville, Lino
Lakes, Maple Grove, New Hope, Oakdale, Plymouth, Prior Lake, Ramsey, Savage, South St. Paul,
Vadnais Heights, West St. Paul.
Hybrid: Meetings are held electronically with some participating in-person and others via
video/phone; and public hearings/public comment is held in-person and with electronic public
comment available via video/phone/email. Local governments include:
Scott County, and the cities of, Andover, Anoka, Burnsville, Stillwater, and Woodbury.
Based on our research, each local government has been successful in conducting the public's
business regardless of format. Public hearings, community input, compliance with relevant state
statutes, and effective meetings happen in all formats. Each local government has also continued to
broadcast their respective meetings to the public online and through cable access agreements.
Technology Considerations:
There are no significant technology requirements that are different for any of the three (3) meeting
formats. The City of Maplewood broadcasts the current virtual meetings on Channel 16 similar to
how it used to broadcast in-person meetings prior to the pandemic. If the city were to choose a
Hybrid meeting format, it would require the purchase of a small piece of electronic equipment to
convert multiple video feeds into the broadcast and it's estimated to cost $4,000. The money to pay
for the minor upgrade is a CARES Act eligible expense.
Physical Space Considerations:
Based on conversations with Fire Chief Steve Lukin, and Bryan Nagel, Street/Storm/Building
Maintenance Superintendent, and consulting with the Minnesota Department of Health guidelines of
social distancing requirements, we believe the maximum capacity in the Council Chambers is 30
people, including members of the public, city council and staff. However, based on the configuration
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J4
of the dais, we would limit the members of the public inside the council chambers to no more than
15 members of the public in order to maintain a 6 -foot separation in the chambers.
In the event that more than 15 members of the public would choose to attend an in-person meeting
city staff would manage the overflow crowd in the current lobby space. Should the capacity of the
council chambers and overflow space be exceeded we would invite the public to wait outside of the
building and staff would escort them inside as space because available.
Absentee Voting Considerations:
Beginning Friday, September 18, the council chambers will be set up for absentee voting in order to
provide Maplewood voters with a safe distanced voting experience. This use will continue through
Monday, November 2. Expected traffic for this period of voting ranges from 600 to 2500 voters
through the council chambers. In-person meetings prior to close of absentee voting would be
accomplished by a tear down of voting set up and disinfecting of chambers after 4:30 and a reset
and disinfection prior to 8am for next day voting.
Recommendation:
Based on the information available at the time, city staff would recommend a Hybrid Model of
meetings for the City Council and council -appointed boards and commissions. The benefits of a
hybrid model offer the most flexibility for participation of the public and staff.
Next Steps:
The Mayor and Council would have to amend its current Emergency Declaration to allow for in-
person meetings and meetings by telephone or other electronic means.
Staff would have to purchase and install the equipment necessary to interface with the broadcast
equipment currently installed in the chambers. It's estimated to cost $4,000 and would take 2-4
weeks to install.
Staff would reconfigure the City Council Chambers to create appropriately distanced seating for the
public who wishes to attend in-person.
Attachments
1. Mayor's Statement and Determination Regarding Conducting Meetings by Telephone or
Other Electronic Means dated March 16, 2020
2. Resolution Enacted Extending the Period of the Mayor -Declared Local Emergency dated
March 16, 2020
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J4, Attachment 1
Mayor Marylee Abrams' Statement and Determination
Regarding Conducting Meetings by Telephone or Other Electronic Means
As the Mayor of the City of Maplewood, Minnesota I find as follows:
a. The spread of COVID-19 in the United States and Minnesota has raised serious public health
concerns and resulted in a great deal of uncertainty. Much remains unknown about the virus,
how it spreads and the likely extent of infection.
b. On March 11, 2020, the World Health Organization determined that the COVID-19 outbreak
constitutes a pandemic. On March 13, 2020, President Trump declared a national state of
emergency as a result of the pandemic.
c. On March 13, 2020, Governor Tim Walz issued Emergency Executive Order 20-01 declaring
a state of peacetime emergency to address the COVID-19 pandemic in Minnesota.
d. The Minnesota Department of Health has provided specific guidance encouraging
postponement or cancelation of events that do not allow social distancing of at least six feet
per person, which is generally not practical to achieve in the City Council chambers or in the
other rooms where the City's boards and commissions may meet.
e. Minnesota Statutes, section 13D.021 authorizes cities to meet by telephone or other electronic
means if the presiding officer, chief legal counsel, or chief administrative officer determines
that meeting in person or by interactive television is not practical or prudent because of the
existence of a declared health pandemic or emergency. I have consulted with the city manager
and city attorney in making this determination.
Based on the above findings, I determine as follows:
Until fiuther notice, all meetings of City bodies governed by Minnesota Statutes, Chapter 13D,
including but not limited to City Council meetings, and meetings of all boards, committees,
and commissions of the City, shall be conducted by telephone or other electronic means
because it is not practical or prudent to hold those meetings in person or by interactive
television. All such meetings must comply with the requirements in Minnesota Statutes,
Section 13D.021.
2. Attendance by members of the public and the presence of at least one council member, the city
manager or city attorney at the City Council chambers for such meetings is not feasible due to
the health pandemic and the emergency declaration.
Dated: March 16, 2020.
DOCSOPENWA745\ 1 \643195.v 1-3/16/20
Maryleeb ams, Mayor
City of M41ewood, Minnesota
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J4, Attachment 2
CITY OF MAPLEWOOD, MINNESOTA
RESOLUTION ZG'-Cr3- 1-7,9q
A RESOLUTION ENACTED PURSUANT TO MINNESOTA STATUTES
SECTION 12.29 EXTENDING THE PERIOD OF A
MAYOR -DECLARED LOCAL EMERGENCY
WHEREAS, the Mayor of the City of Maplewood, Minnesota by Mayoral Declaration No. 2020-
1 has declared that a local emergency is in effect in the City as of at 5:00 p.m. on March 16, 2020;
and
WHEREAS, the City Council of the City of Maplewood agrees with the mayor's determination
and further finds that the local emergency will last for more than three days and that immediate
action to respond to the local emergency is needed in order to protect the health, safety and welfare
of the City and the community; and
WHEREAS, the Council finds that this emergency, which involves an outbreak of an infectious
disease (COVID-19), is a highly fluid and evolving situation, and in the interest of the public
health, a response or action may be needed that requires deviation from standard procedures for
procuring goods and services; and
WHEREAS, Minnesota Statutes Sections 12.29 and 12.37 authorize the actions taken in this
resolution and provide that emergency contracts and agreements are not subject to the normal
purchasing and competitive bidding requirements because of the local emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY
COUNCIL as follows:
1. The Mayor's Declaration of a local emergency is continued in effect until further action
of the City Council.
2. City staff is authorized to enter into agreements and contracts necessary for the
procurement of materials, equipment, and services required to respond to the local
emergency.
3. The Mayor and City Manager are authorized to execute any agreements, contracts, and
related documents regarding the local emergency necessary to implement corrective
action relative to the local emergency to protect the health, safety and welfare of the
City and the community.
4. City staff is authorized to take any appropriate action and to prepare any appropriate
documents to facilitate the directives of the Council as set forth in this resolution.
DOCSOPENWA745\1 \643262.v 1-3/16/20
Packet Page Number 198 of 292
J4, Attachment 2
5. The Mayor, City Manager, City staff, City attorney, and City consultants are authorized
and directed to take any and all additional steps and actions necessary or convenient in
order to accomplish the -intent of this resolution.
Adopted this 16th day of March, 2020.
Marylee "ams. Mayor
Attest:
Andrea Sindt, City Clerk
DOCSOPEN\MA745\1 \643262.v 1-3/16/20
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J5
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Shann Finwall, AICP, Environmental Planner
PRESENTER: Michael Martin, AICP, Assistant Community Development Director
AGENDA ITEM: Home -Based Cement Business with Storage of Commercial Vehicles, 2510
Carver Avenue
a. Home Occupation License Resolution
b. Conditional Use Permit Resolution
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
Francisco and Naomi Zamora own 2510 Carver Avenue. They operate a small concrete business
and store commercial vehicles on their residential property. The business requires a home
occupation license because there are commercial vehicles and employees parking on the
property. Additionally, the storage of commercial vehicles on residential property requires a
conditional use permit.
Recommended Action:
a. Motion to approve a resolution for a home occupation license for a home-based concrete
business at 2510 Carver Avenue.
b. Motion to approve a resolution for a conditional use permit to allow the storage of
commercial vehicles at 2510 Carver Avenue.
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 applicants' application complete on August 6, 2020. Minnesota State Statute
15.99 requires that the city take action on land use permits within 60 days. The 60 -day review
deadline for a decision on the home occupation license and conditional use permit is October 6,
2020.
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J5
Background:
Francisco and Naomi Zamora own a business called Frank Zamora's Concrete Inc. Following is an
overview of the business operations:
• The business is managed from the residential property at 2510 Carver Avenue, but all activities
will be conducted off-site.
• The business will be operated Monday through Friday between April and October each year.
• There are two commercial vehicles for the business that are stored at the residential property:
1) 2009 Ford 550 with a trailer and bobcat; and 2) 2012 Ford 550 with a trailer and bobcat.
• There are seven employees, including four family members.
• Three employees park their vehicles at the residential property throughout the day so they can
transport the commercial vehicles to off-site jobs.
• No customers will come to the property.
• No production or major advertisement will occur on the property.
Home Occupation License
Section 14-56 outlines the licensing for home occupations on residential property if any of the
following circumstances would occur on the property more than 30 days each year:
1. Employment of a nonresident in the home occupation.
2. Customers or customers' vehicles on the premises.
3. Manufacture, assembly or processing of products or materials on the premises.
4. More than one vehicle associated with the home occupation which is classified as a light
commercial vehicle.
5. A vehicle used in the home occupation, and parked on the premises, which exceeds a
three -quarter -ton payload capacity.
6. If the home occupation produces any waste that should be treated or regulated.
The Zamora's home occupation requires a license due to the storage of commercial vehicles and
employees parking on the property.
Conditional Use Permit
Section 44-6 defines a heavy commercial vehicle as one with more than one -ton nominal rated
carrying capacity including trucks, trailers, and earth moving equipment such as a bobcat.
Section 44-108(2)(a) and 44-102(1) allows the storage or parking of heavy commercial vehicles
on a residential property with a conditional use permit as long as it meets the following standards:
1. The owner or operator of the vehicle or commercial equipment must reside on the property.
2. The vehicle or commercial equipment shall be parked in an enclosed structure or on a
hard -surface driveway that meets the applicable zoning district requirements.
3. Noise from idling the engine shall not exceed the L50 standards provided for in state
statutes. The owner or operator shall not let the vehicle's engine idle for more than 30
minutes in any one-hour period. In no circumstance may the owner or operator run or let
the engine idle for more than two periods, lasting 30 minutes each, in one 24-hour period.
Packet Page Number 201 of 292
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The two commercial vehicles and their trailers with bobcats are stored on a Class 5 (hard
surface) driveway. This parking area is located down the hill from the house, out of sight of the
public right-of-way. Personal vehicles are stored in both detached garages. The Zamoras plan to
construct an attached garage in the future where the personal vehicles will be relocated. This will
make room in the detached garages for the storage of the commercial vehicles in the future.
Driveway and Grading Improvement
The Zamoras have made driveway and grading improvements to their property to include:
1. Adding a concrete driveway next to their detached garage.
2. Extending their Class 5 driveway.
3. Grading and clearing debris near Fish Creek.
The existing and proposed driveway improvements have added more than 5,000 square feet of
hard surface to the property. The City's stormwater management ordinance requires volume
reduction strategies for the additional hard surface in the form of on-site best management
practices. These include rainwater gardens, infiltration swales, native plantings, holding ponds, etc.
The City's wetland ordinance requires a 100 -foot buffer around Fish Creek. There was a pre-
existing mowed area near the creek within the 100 -foot buffer. This is the area of additional grading
and clearing of debris. The Zamoras have planted grass seed in this area and have plans to make
improvements to the creek bed.
As a condition of approval, the Zamoras will be required to obtain a driveway and stormwater
permit as outlined in the August 7, 2020, Engineering Plan Review. The required stormwater best
management practices and creek bed stabilization requirements will be outlined in those permits.
Exterior Storage
The Zamoras have accumulated supplies such as pavers and wood as part of their home
occupation. These items are currently stored in the yard, out of sight of the public right-of-way.
The Zamoras plan on moving these items to their land up north or inside the existing detached
garages. No exterior storage will be allowed as part of the home occupation license.
Staff Review
Public Safety
Police and Fire have reviewed this project and have no comments.
Engineering
Refer to the attached August 7, 2020, Engineering Plan Review submitted by Jon Jarosch,
Assistant City Engineer.
Resident Comments
Staff surveyed the 12 property owners within 500 feet of the property and received the following
comments:
1. 1400 Sterling Street South, Amy and Ken Kaiser. Thank you for the opportunity to provider
comments in regards to the proposal for a conditional use permit at 2510 Carver Avenue
Packet Page Number 202 of 292
J5
East. For the record, my husband and I have only conversed with Francisco and Naomi
Zamora three times of which the last time Naomi provided me a tour of their property.
Frank and Naomi have done a wonderful job cleaning up the property in review. There has
been years of trash dumped on the property. Some of this trash has fallen into Fish Creek
over the years as well. Frank has done a great job of reducing the amount of trash from
falling into the creek.
My husband and I are happy to support a small family business. We would ask the Planning
Commission to provide assistance in recommending that the storage of commercial vehicles
be done in such a way that neighbors and people passing by do not see the vehicles.
We would also like the Planning Commission to consider limiting the number of all vehicles
parked outside at one time on the property. This would include personal vehicles, campers,
boats, trailers, lawn mowers, ATVs, farm tractors, and commercial vehicles so that a parking
lot effect is not created.
Our understanding of city code is that all vehicles need to be parked on hard surfaces. What
we have noticed about the city's code on hard surfaces is that the city has a hard time
policing properties, which are allowed to use rock such as class 5 for the purpose of parking.
Vehicles such as campers are parked on grassy/rock areas. These vehicles are then never
moved and rodents and animals begin to proliferate within them. Once the vehicle is in
disrepair and either collapses or burns, the animals that have been allowed to proliferate
scamper out of the structure and into the properties adjacent.
We are asking that the Planning Commission consider changes to current codes, where by
eliminating rock or any such surface, which can become difficult to enforce as parking. By
changing current surface requirements and limiting the number of vehicles parked outside
on a residential property, this would decrease neighbor -to -neighbor feuds, which has been a
problem throughout the city forever.
Thank you all for your commitment to the city of Maplewood.
2. 1440 Sterling Street South:
a. Kimberly Olsen: The Zamora family have done a lot of improvements to their
property. I support the Zamora's in getting a conditional use permit for storage of
commercial vehicles. There are other homes on Carver Ave. that need more
attention and clean up.
b. Geoff Olsen: I have no problem with the owners and their need to park work
vehicles on their property. I think being a city planner you would be more concerned
about the eye sore East of the corner on the north side of Carver. I have recently
found out that the owner has a so called (gun issue). Do I need to be fearful of that?
I would think that would be high priority in any civil servant's mind! Not hassling some
family that has done nothing but improve the property and increased the value of the
property. Work with the family and just give them what they need. Thank you.
Stacey Olsen: I'm writing to you regarding your letter about the permit for storage of
commercial vehicles in a residential district and a home occupation license.
The Zamora family has been good neighbors since the day they moved in. They
have worked very hard to clean up and make their property nice, I live just down
Sterling and drive by quite often watching the progress they have made over the last
Packet Page Number 203 of 292
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year or so. I actually knew a few people that lived there before Frank and Naomi
purchased it, the land and houses were ugly, run down and all around dilapidated. A
few of us around the neighborhood called it a trap house because that's how bad it
was. I don't know much about property value or anything like that but since the
Zamora's moved in the entire neighborhood value has gone up in my opinion!
The way they have changed and updated the landscaping has it so none of their
commercial vehicles are visible from the Sterling Street or Carver Ave, the only time I
have ever seen them is when the trucks are leaving in the morning or coming back
for the day in the evening. As for the bobcat, the only times I've ever seen it is when
they are working on landscaping around the yard.
There are several houses within a mile radius of us that should be a much higher
concern to the City of Maplewood than Frank and Naomi. For example there is a
hoarder house on the north side of Carver Ave about a block east of the
Sterling/Carver intersection. Several people have written anonymous letters to the
city about this house and little to nothing has been done, they have several out
buildings and have created pens outside to store more stuff in.
Another example would be a house about 3 blocks west of the Sterling/Carver
intersection — closer to Dorland on the north side of the street that has anywhere
between 6-15 vehicles in all states of disarray in their yard, driveway and garage at
all times. Both of these properties are major eye sores.
I fully support granting Frank and Naomi Zamora the requested licensure.
Respectfully,
3. 1399 Sterling Street South, Legend Vang: I have no problem with Francisco and Naomi
Zamora's request for this permit. Best regards.
4. 2460 Carver Avenue, Garry Durland: Mr. Durland called and left a message that he
supports the conditional use permit and home occupation license for the Zamoras.
5. 2575 Carver Avenue, Patty Gearing: I have no problem with the new owners of 2510
Carver Avenue. They have improved the buildings and land. I have no problem with the
small business they run. They do not make noise at night. They keep it extremely clean,
neat, and very quiet. They've improved the area. I would hate to see them move because of
zoning. It's a perfect fit for the location. I was hoping they would sell some stones someday
for landscaping. It's a real need in the area. My only concerns are in respect to water ways
and not parking right across the street. We need our open land for our wildlife as deer
population has grown.
mission Recommendation
August 18, 2020: The Planning Commission recommended approval of the home occupation
license for a home-based cement business and conditional use permit for the storage of
commercial vehicles at 2510 Carver Avenue. The Planning Commission recommended that the
home occupation dates be modified from the April to October staff recommendation to allow the
home-based cement business to operate year-round.
Packet Page Number 204 of 292
Reference Information
Site Description:
Site Size: 5.02 Acres
Surrounding Land Uses
North: Carver Avenue and Residential Property Across the Street
East: Residential Property
South: Ramsey County Open Space — Fish Creek
West: Sterling Street and Interstate 494
Planning
Existing Land Use: Rural Low Density
Existing Zoning: Single Dwelling Rural Lot and Shoreland Overlay District of Fish Creek
Attachments:
1. Home Occupation License Resolution
2. Conditional Use Permit Resolution
3. Applicants' Narrative
4. Overall Plan
5. Zoning Map
6. Applicants' Parking Plan
7. Hard Surface Plan
8. Engineering Plan Review
9. August 18, 2020, Planning Commission Minutes
J5
Packet Page Number 205 of 292
J5, Attachment 1
HOME OCCUPATION LICENSE RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Francisco and Naomi Zamora are proposing a home-based cement business with
the storage of commercial vehicles.
1.02 The property is located at 2510 Carver Avenue and is legally described as:
Section 24, Township 28, Range 22, W 535 feet of N 580 feet of SW'/4 of NE to RDS
and HWY.
Property Identification Number 24-28-22-13-0001
Section 2. Requirements.
2.01 Section 14-56 outlines the licensing requirements for home occupations on
residential property.
Section 3. City Review Process
3.01 The City conducted the following review when considering this conditional use permit
request.
On August 18, 2020, the Planning Commission held a public hearing. City staff
published a hearing notice in the Pioneer Press 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 adopt this resolution.
2. On September 14, 2020, the City Council discussed this resolution. They
considered reports and recommendations from the Planning Commission and
city staff.
Section 4. City Council Action.
4.01 The City Council hereby the resolution. Approval is based on the findings
outlined in Section 2 of this resolution. Approval is subject to the applicant doing the
following:
1. The home occupation business is limited to Monday through Friday.
2. No exterior storage is allowed as part of the home occupation license.
3. Two commercial vehicles and their trailers and bobcats are allowed to be stored
on a hard surface out of sight of the public right-of-way.
4. Three employee vehicles can be parked on the property on a hard surface during
business hours.
Packet Page Number 206 of 292
J5, Attachment 1
5. The home occupation must meet all requirements in the Engineering Report
dated August 7, 2020, which includes obtaining a driveway and stormwater
permit for the additional hard surface and grading completed on the property.
by the City Council of the City of Maplewood, Minnesota, on September 14, 2020.
Packet Page Number 207 of 292
J5, Attachment 2
CONDITIONAL USE PERMIT RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.03 Francisco and Naomi Zamora are proposing to store commercial vehicles on their
residential property.
1.04 The property is located at 2510 Carver Avenue and is legally described as:
Section 24, Township 28, Range 22, W 535 feet of N 580 feet of SW'/4 of NE to RDS
and HWY.
Property Identification Number 24-28-22-13-0001
Section 2. Standards.
2.01 Section 44-6 defines a heavy commercial vehicle as one with more than one -ton
nominal rated carrying capacity including trucks, trailers, and earth moving
equipment such as a bobcat.
2.02 Section 44-108(2)(a) and 44-102(1) allows the storage or parking of heavy
commercial vehicles on a residential property with a conditional use permit as long
as it meets the following standards:
1. The owner or operator of the vehicle or commercial equipment must reside on
the property.
2. The vehicle or commercial equipment shall be parked in an enclosed structure
or on a hard -surface driveway that meets the applicable zoning district
requirements.
3. Noise from idling the engine shall not exceed the L50 standards provided for in
state statutes. The owner or operator shall not let the vehicle's engine idle for
more than 30 minutes in any one-hour period. In no circumstance may the
owner or operator run or let the engine idle for more than two periods, lasting
30 minutes each, in one 24-hour period.
Section 3. Findings.
3.01 The proposal meets the specific conditional use permit standards.
Section 4. City Review Process
4.01 The City conducted the following review when considering this conditional use permit
request.
On August 18, 2020, the Planning Commission held a public hearing. City staff
published a hearing notice in the Pioneer Press 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 adopt this resolution.
Packet Page Number 208 of 292
J5, Attachment 2
2. On September 14, 2020, the City Council discussed this resolution. They
considered reports and recommendations from the Planning Commission and
city staff.
Section 5. City Council
5.01 The City Council hereby the resolution. Approval is based on the findings
outlined in section 2 of this resolution. Approval is subject to the following conditions:
1. Commercial vehicle storage on the property is limited to two heavy commercial
trucks and their trailers and bobcats that are associated with the small-scale
cement business home occupation license.
2. Commercial vehicles must be stored on a hard surface out of sight of the public
right-of-way.
by the City Council of the City of Maplewood, Minnesota, on September 14, 2020.
Packet Page Number 209 of 292
J5, Attachment 3
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2510 Carver Avenue East
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Information
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Packet Page Number 213 of 292
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Packet Page Number 214 of 292
July 1, 2020
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2510 Carver Avenue East
J5, Attachment 7
M V-�' M City of Maplewood July 1, 2020
Maplewood
Packet Page Number 216 of 292
J5, Attachment 8
Engineering Plan Review
PROJECT: 2510 Carver Avenue — Home Occupation and CUP Review
PROJECT NO: 20-18
COMMENTS BY: Jon Jarosch, Assistant City Engineer
DATE: 8-7-2020
The applicant is seeking a home occupation license and conditional use permit to operate a
small concrete business and store commercial vehicles on their residential property at 2510
Carver Avenue East.
The following are engineering review comments and act as conditions prior to permit issuance:
1) The existing and proposed site improvements appear to have created, or will create,
over 5,000 square feet of impervious surfaces. As such, the applicant shall work with
the City through the permitting process to meet the intent of the City's volume reduction
requirements through the installation of onsite best management practices (BMP).
Some examples of BMP's include rainwater gardens, infiltration swales, native plantings,
holding ponds, etc.
2) All disturbed areas within the 100 -foot creek buffer shall be stabilized and reestablished
with vegetation as soon as possible. The applicant shall work with the City on the types
of plants installed within the buffer.
3) Plans shall be submitted for any future improvements to the site.
4) Grading and erosion control permits shall be obtained prior to any further excavations or
grading work.
5) A driveway permit shall be obtained prior to any future driveway improvements.
- END COMMENTS -
Packet Page Number 217 of 292
El
J5, Attachment 9
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, August 18, 2020
7:00 P.M.
(THIS MEETING WAS HELD REMOTELY VIA CONFERENCE CALL)
CALL TO ORDER
A meeting of the Commission was held and called to order at 7:00 p.m. by Chairperson Arbuckle.
B. ROLL CALL
C
Q
C
Paul Arbuckle, Chairperson
Present
Frederick Dahm, Commissioner
Present
Tushar Desai, Commissioner
Present
John Eads, Commissioner
Present
Allan Ige, Commissioner
Present
Lue Yang, Commissioner
Present
Staff Present: Michael Martin, Assistant Community Development Director
APPROVAL OF AGENDA
Commissioner Desai moved to approve the agenda as submitted.
Seconded by Commissioner Dahm. Ayes — All
The motion passed. \
APPROVAL OF MINUTES
Commissioner Desai moved to approve the July 21, 2020, PC minutes as submitted.
Seconded by Commissioner Yang.
The motion passed.
PUBLIC HEARING
Ayes — Chairperson Arbuckle,
Commissioners Desai, Eads,
Ige & Yang
Abstention.— Commissioner Dahm
1. 7:00 p.m. or later: Home -Based Cement Business with Storage of Commercial Vehicles,
2510 Carver Avenue
a. Home Occupation License Resolution
b. Conditional Use Permit Resolution
Chairperson Arbuckle opened the public hearing.
August 18, 2020 1
Packet Page Number 218 of 292 Planning Commission Meeting Minutes
J5, Attachment 9
Naomi Zamora, the applicant spoke. There were no callers.
Chairperson Arbuckle closed the public hearing.
Commissioner Desai moved to approve both resolutions and eliminate the April to October
limitation from the license.
Seconded by Commissioner Yang. Ayes — All
The motion passed.
This item will go to the city council on September 14, 2020.
2. 7:00 p.m. or later: Dogtopia, 2015 Woodlynn Avenue East
a. Conditional Use Permit Resolution.
Chairperson Arbuckle opened the public hearing.
Cindy Lang and Alissa Bert, the applicants and Kathy Halter, Dogtopia Support Office spoke.
There were no callers.
Chairperson Arbuckle closed the public hearing.
Commissioner Ige moved to approve the Conditional Use Permit Resolution to allow an outdoor
Play area for the dog daycare at 2015 Woodlynn Avenue East.
Seconded by Commissioner Desai. Ayes — All
The motion passed. MP -
This item will go to the city council on September 14, 2020.
3. Woodspring Suites, 1744 County Road D East
a. Conditional Use Permit for a Planned Unit Development Amendment Resolution
Chairperson Arbuckle opened the public hearing.
Pete Moreau, Sambatek, Chip Johnson, Turnstone Group and Chris Peterson, 1686 Village Trail
East spoke.
Chairperson Arbuckle closed the public hearing.
Commissioner Desai moved to approve the Conditional Use Permit for a Planned Unit
Development Amendment Resolution.
Seconded by Commissioner Dahm. Ayes — All
The motion passed.
This item will go to the city council on September 14, 2020.
F. NEW BUSINESS
None.
August 18, 2020 2
Planning Commission Meeting Minutes Packet Page Number 219 of 292
J5, Attachment 9
G. UNFINISHED BUSINESS
None.
1. VISITOR PRESENTATIONS
None.
I. COMMISSION PRESENTATIONS
None.
J. STAFF PRESENTATIONS
None.
K. ADJOURNMENT
Chairperson Arbuckle adjourned the meeting at 8:30 p.m.
O�
August 18, 2020 3
Packet Page Number 220 of 292 Planning Commission Meeting Minutes
J6
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Michael Martin, AICP, Assistant Community Development Director
PRESENTER: Jeff Thomson, Community Development Director
AGENDA ITEM: Woodspring Suites, 1744 County Road D East
a. Conditional Use Permit for a Planned Unit Development Resolution
b. Design Review and Comprehensive Sign Plan Resolution
Action Requested: ✓ Motion
Form of Action
Policy Issue:
✓ Resolution
❑ Discussion ❑ Public Hearing
❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
SOTA Partners is proposing to develop a new four-story hotel with 126 rooms located on vacant
land located at 1744 County Road D East. The planned unit development for this property currently
allows a strip shopping center to be built — the city council will need to approve an amendment to
the planned unit development in order to allow a hotel. To move forward with this project, the
applicant needs city council approval of a planned unit development amendment, design review and
a comprehensive sign plan.
Recommended Action:
a. Motion to approve a resolution for a conditional use permit for a planned unit development
amendment which approves a four-story, 126 -room hotel building to be constructed at 1744
County Road D East.
b. Motion to approve a resolution for design review and comprehensive sign plan for a four-
story, 126 -room hotel building to be constructed at 1744 County Road D East.
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 July 28, 2020. The initial 60 -day review
deadline for a decision is September 26, 2020. As stated in Minnesota State Statute 15.99, the city
is allowed to take an additional 60 days if necessary to complete the review.
Packet Page Number 221 of 292
J6
Background:
SOTA Partners is proposing to develop a new four-story hotel with 126 rooms located on vacant
land located at 1744 County Road D East. The approved planned unit development for this property
currently allows a strip shopping center to be built. The project will create two access drives to
Flandrau Street on the west side of the parcel for a new 12,654 -square -foot, four-story hotel
building with a 126 -space parking lot.
Planned Unit Develoament
Planned unit developments (PUD) 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 PUD 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.
Legacy Village Planned Unit Development — Building Setback
This site was part of the Legacy Village Planned Unit Development originally approved on July 14,
2003, and was designated for use as a "retail/commercial site." On September 27, 2005, the
community design review board approved plans for a strip shopping center which was going to
have a front yard building setback of 15 feet.
On October 27, 2008, the city council approved an amendment to the approved planned unit
development to allow the proposed strip shopping center to be setback 83 feet instead of the
required 15 feet from County Road D East. This project proposes a front yard setback of 68 feet
which is closer to County Road D East than what was approved in 2008.
Parking
The city's zoning ordinance requires hotels to provide one parking space for every lodging room
within the building. In this case, the applicant is meeting this requirement. Ordinance also requires
parking spaces at a hotel to be 9'6" wide and the applicant is seeking flexibility to provide 9 -foot -
wide parking spaces. The applicant states that it believes 9 -foot -wide parking stalls are consistent
with other projects they have developed and allows for additional green space to be placed on site.
Staff is supportive of the request for 9 -foot -wide spaces. The city's parking ordinance is set up to
determine space width based on turnover rate. The customer turnover rate is going to be very low
at a hotel.
Packet Page Number 222 of 292
J6
Parking Lot Setback
Parking lots are required to be setback 15 feet from all public right-of-way lines and five feet from all
over property lines. The applicant's site plan meets this requirement on the west, east and south
property lines but is proposing a setback of 10 feet from the County Road D East property line. This
reduced setback allows more room on the south end of the site. This additional space on the south
side of the site will allow for a sidewalk connection along Village Trail and for trees to be planted
along the south property line. The sidewalk connection and trees are key elements of the Legacy
Village PUD and staff is supportive of the reduced parking lot setback on the north side of the site to
facilitate more amenities on the south side of the site.
Design Review
Site Plan
The site will be accessed by two drives coming off Flandrau Street. The building's main entrance is
located on the north side of the building with parking on the north, east and south sides of the site.
A trash enclosure will be located in the southeast corner of the site. The building is setback 125 feet
from the residential building to the south and 100 feet to the residential buildings to the west —
meeting all setback requirements.
The applicant's site plan shows a connection to the existing sidewalk along County Road D East
and a partial sidewalk on the west side of the building. In keeping with the rest of the Legacy PUD,
the applicant shall be required to install a sidewalk along the south property line and complete the
sidewalk segment along the entire west property line.
Building Elevations
The height of the four-story building is 46' 10" — at its highest peak. The hotel building was designed
to blend in with the nearby residential architecture. This building would have a pitched roof with
asphalt shingles, the first floor would be covered with a brick facade and the remaining floors will be
covered with lap siding. The lap siding would have three different colors.
At the community design review board's August 18, 2020 meeting, the board recommended the
applicant add brick to the center bays on the north and south elevations and on the stair towers on
the north elevation. All required brick will need to extend to the roofline.
Landscaping
The July 14, 2003, Legacy Village PUD approval required that overstory trees be planted along
Village Trail at an average of 30'-40' on center. The PUD further stated that the tree-
replacement/tree-preservation requirements of the Maplewood Code of Ordinances must be met.
There are no significant trees on the site. The applicant is proposing to plant a total of 19 trees.
Fifteen 2.5 caliper inch deciduous and four 2 caliper inch ornamental trees. There is approximately
364 feet of greenspace along Village Trail. Seven trees are proposed within this green space. To
meet the PUD overstory tree requirement the applicant must install at least 9 trees that are 40 feet
on center along the Village Trail greenspace. The rest of the site meets the City's tree preservation
ordinance.
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Lighting
The applicant's submitted photometric plan meets all city requirements.
Comprehensive Sign Plan
The PUD for this site requires a comprehensive sign plan for this site and states pylon signs are not
allowed but does allow monument signs that are no higher than 12 feet in height. The applicant's
plans show one monument, one pylon, and four wall signs. Staff does not feel it is warranted to
eliminate the pylon prohibition for this site. The site is a transition between commercial and
residential areas and monument signs are appropriate. In addition, staff does not feel it is
appropriate to have wall signs on the south and west sides of the building which face residential
properties. Staff would recommend allowing two monument signs — that do not exceed 12 feet in
height — and a single wall sign each of the north and east building elevations. The wall signs shall
meet ordinance requirements for wall signs within the Business Commercial zoning district.
Department Comments
Engineering
Please see Jon Jarosch's engineering report, dated August 7, 2020, attached to this report.
Board and Commission Review
August 18, 2020: The community design review board reviewed this project and recommended
approval. The CDRB recommended additional brick be added to the north and south elevations.
August 18, 2020: The planning commission held a public hearing, reviewed this project and
recommended approval.
Citizen Comments
Staff surveyed the 80 surrounding property owners within 500 feet of the proposed site for their
opinion about this proposal. Staff received 11 responses, two of which are from outside of the 500
foot mailing area.
1. I approve of the suites. It will look better than the empty lot where people dump their garbage.
(Kristine Heckler, 1671 Village Trail East, Unit 211)
2. As a resident of the Heritage Square townhome development (immediately west of the
planned development site) I am writing to voice my opposition to this project. As you know, the
area west of White Bear Avenue is a high density residential area, townhomes, condo's or
apartments. Placing a hotel at this location brings many concerns, i.e. security, increased
traffic at all hours, noise, etc. The following are just a few of my concerns.
Density
A quick hotel search already shows 25 hotels within 7 miles of Maplewood Mall. 5 of which are
within 4 miles, please see attached. I do not see the need or understand the marketing
strategy for placing yet another one at this location. In the past, there was indeed a hotel
located in the immediate vicinity of the mall. This was renovated into a senior living space
quite some time ago based on the hotels failure to prosper in that location.
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Parking
The location itself is small and I am concerned about parking. While they've allotted 1 parking
space per room, we already have parking issues within the apartment and townhome units,
with street parking being a commodity and constant issue.
Height of Building
The proposed building is also set at 4 stories. That's higher than the other buildings
surrounding it and I do not believe it meets the aesthetics of this location.
Proximity to the Myth
I'm sure you're well aware of the security issues at this location. Placing a hotel here will only
increase the problems with the crowds that the Myth attracts. The following is from an April
2019 new article:
On Mar. 29, police were called to the club five times, with officers dealing with disorderly
people, a drug overdose, and a large fight that ultimately ended with the shooting.
"The Myth Live has been associated with numerous public safety issues in the past two years
which have resulted in unsafe conditions and a threat to public safety," the council report says.
This is just one of many incidents and speaks to the level and type of crowds that I am
concerned about. I do not believe Maplewood needs to open our city to this type of
development. I do appreciate the opportunity to voice my concerns and will be monitoring the
progress of this development project. (Christine Peterson, 1686 Village Trail East, Unit 1)
3. My name is Yasir Aljaleeli, I am a resident in 1691 Village Trail East unit 7, next to land
planned to be Woodspring Suites Hotel. Thank you for having and sharing us by mail for this
new development amendment and design review. Unfortunately our opinion to use this land
as a shopping plaza and restaurants is much better than Suites Hotel, and half miles from this
land on County Rd D East, there are already hotel rooms! But, the last decision is for
Maplewood city, we agreed to all the city council approval for this application. (Yasir Aljaleeli,
1691 Village Trail East, Unit 7)
4. Our townhome is a few feet away from the proposed hotel. I strongly oppose the building of
this hotel. I believe it will be a terrible nuisance during building, increase traffic, litter, and
crime, and devalue our residences. Please reconsider this poor use of the land. If for some
reason you do choose to do what I oppose, I BEG you to at LEAST have their in/out
driveways on the east side (from Bittersweet Lane) rather than from Flandrau, as the traffic on
Flandrau is already too high and congested. (Richard Engel, 1691 Village Trail East, Unit 5)
5. 1 do not agree that the proposed hotel would improve the look of the area. I live very close to
the property and enjoy having the open space with its wild flowers and grasses without
crowding another building into already busy crowded street. I am very concerned about a
hotel bringing an increase in traffic, crime and litter and devaluation of our property. I am also
very unhappy about the idea of construction going on so near to my home. I work at home and
the noise pollution will make that very difficult If the proposal goes forward despite the
reservations and opposition to it from our neighborhood, I would ask that you please do not
make the entrances to the hotel on the West side (Flaundrau Street). It would be better to
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have the entrances on the East side (Bittersweet Lane) where there is less traffic flow.
(Heather Engel, 1691 Village Trail East, Unit 5)
6. This would be terrible for the neighborhood! A hotel would generate too much activity during
the late hours of the evenings. I think this will be a disturbance to the nearby neighbors! Not to
mention all the extra traffic and hotel guests parking where they shouldn't (e.g. side streets).
At least a shopping mall would close for the evenings... Please do what you can to save the
neighborhood. (Matthew Lombardo, 1678 Village Trail East, Unit 1)
7. This would be terrible for the neighborhood! A hotel would generate too much activity during
the late hours of the evenings. I think this will be a disturbance to the nearby neighbors! Not to
mention all the extra traffic and hotel guests parking where they shouldn't (e.g. side streets).
At least a shopping mall would close for the evenings... Please do what you can to save the
neighborhood. (Mindy Trettin, 1678 Village Trail East, Unit 1)
8. As you may know our area is residential blocks, a combination of townhomes and apartments.
Having built a hotel within residential area is absolutely not a good idea. Our number one
concern is, since we have a young children all over in our neighbor, this may encourage sex
trafficking and kids would be placed in danger. Secondly, flow of a traffic and some other
events attached to the hotel activities would increase noise. Finally, we will be loosing our
peaceful living environment, and our safety and security would be in jeopardy. Therefore, we
are totally against this proposal. (Bekabil T. and Haymanot D. Mekuria, 1674 Village Trail
East, Unit 5)
9. 1 personally believe the plot of land between County Rd and Village Trail should not be
developed into a hotel. Putting a hotel between residential housing leaves room for the
neighborhood to become unsafe due to hotel visitors. This will most likely cause car -related
congestion between Village Trail and the town homes located beside it. A hotel in this location
could obstruct the quiet environment in the neighborhood. With COVID-19, a hotel is likely to
face financial hardships and a lack of visitors, which defeats the purpose of a business in this
specific industry, especially knowing, the virus isn't going anywhere. By building a hotel in this
area, you commercialize the neighborhood which does no good to those living there, it only
benefits those who are a part of the idea. Going back onto the point of traffic, the likely
development of congested roads could become reason for families to move out or pass on
moving into the neighborhood, especially if seeking to live in a suburban neighborhood. To
me, it does not make sense to place a hotel in an area surrounded by homes instead of
shopping malls and other well-known stores. The location is no where near buildings that a
family would visit for vacation purposes. There are already 4+ hotels in the surrounding area,
adding one more seems unnecessary on top of the concerns listed above. This is observable
on Google Maps and one hotel for example is Emerald Inn. The area has nothing to offer
visitors, there are no stores with designated MN gear or areas for site -seeing that educate
visitors on Minnesota. Those who are native to Minnesota would know that a hotel in an
already commercialized would add to the experience. If anything, people would find more to
do in areas like Bloomington and St.Paul. That is all I would like to contribute to your decision,
as someone who lives directly in front of the proposed hotel development area. Decide wisely,
and consider all the pros and especially the cons. Think of the residents more than the
business and financial gain.(Gifty Bosompem, 1683 Village Trail East, Unit 6)
10. For a number of reasons, a proposed extended stay budget hotel on this parcel is a terrible
idea for the City of Maplewood, its residents, and existing businesses. The parcel is zoned for
retail. The parcel is surrounded by townhomes to the south and west and retail to the north
and east. The logical choice for this parcel would be retail. If it were to be rezoned then
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apartment/ condominiums/ or townhomes would make more sense. Introduction of a budget
lodging facility in this area where transient guests without background checks would be asking
for problems and issues. Many residents and business owners are distracted with various
issues with Covid and maybe unaware or unable to raise issues with this project at the
moment. Hence, there is a need to educated the neighbors before the parcel is rezoned and
before such a project should be voted on.
If it is determined that a hotel should go on this parcel, then a budget hotel with low rates is
absolutely the wrong choice. Currently the City of Maplewood has too many budget hotels
(Livinlnn Suites, Emerald Inn, Northenaire Motel). City of Maplewood ideally needs a midscale
hotel rather than another budget hotel with low rates. Budget hotels bring undesirable
problems and issues with transient guests. To uplift this area, please consider a midscale
hotel such as Holiday Inn Express, Hampton Inn, Americlnn, Country Inn or Cambria Inn.
Cambria Inn is also owned by the same parent company (Choice Hotels) as the Woodsprings
so it may be a better option. If an extended stay hotel is desired than a Residence Inn by
Marriot or Tru by Hilton in a much better option for the city and its lodging industry.
The Covid 19 -pandemic has been devasting for hoteliers. And the ensuing recession will be of
little assistance as hotel occupancy and rates continue to be at historically low levels. A larger
percentage of hotels are losing money and many are at the brink of failure. Just this week, a
Motel 6 in Owatonna, MN went back to the lender as the ownership was unable to pay the
mortgage. Many hotels as well as other businesses are in the same predicament. According
to the STR and Tourism Economics (both leading companies that study analyze industry
metrics and trends), U.S. hotel demand and room revenue is unlikely to recover until 2024. In
this economic environment, introducing a hotel in this market will be devastating and cruel for
the other Maplewood hotels. And a hotel that replicates existing hotels in the city will force
existing hotels to shutter. If the City wants the existing hotels to stay in business then a budget
hotel that competes directly with the existing budget hotels is not the answer. A new hotel in
this economic environment is not beneficial to the business community and a budget hotel is
absolutely the wrong move for our City. (Sanket Bhakta, Owner Emerald Inn, 2025 County
Road D East and resident at 3024 Carey Heights Drive)
11. 1 was excited about the option at the start, but after watching both CDRB and PC consider it
and hearing from the applicant, I'm not in favor. It's a very tight fit on the site and with
construction workers as possible users, the 9 foot parking spaces won't allow for larger
vehicles. Bottom line is that it would add no value at all for neighbors in an area that has little
walkable dining and already congested side streets. I'd prefer more family -friendly use of that
site, less asphalt, and an extended stay hotel closer to the hospital and Beam. Let's not just
jump at this, but wait for options more in line with the North End Redevelopment Study.
(Suzanne Fry, 3060 Cottage Lane North)
Reference Information
Site Description
Site Size: 2.04 acres
Existing Land Use: Undeveloped
Surrounding Land Uses
North: County Road D East and Slumberland
East: Ashley Furniture
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South: Wyngate Townhomes
West: Heritage Square Second Addition Townhomes
Planning
Existing Land Use: Commercial
Existing Zoning: Planned Unit Development
Attachments:
1. Conditional Use Permit For A Planned Unit Development Amendment
2. Design Review and Comprehensive Sign Plan Resolution
3. Overview Map
4. 2040 Future Land Use Map
5. Zoning Map
6. Applicant's Narrative
7. Site Plan, date-stamped September 2, 2020
8. Landscape Plan, date-stamped September 2, 2020
9. Building Elevations, date-stamped July 28, 2020
10. Jon Jarosch's Engineering Report, dated August 7, 2020
11. Draft Community Design Review Board Minutes, August 18, 2020
12. Draft Planning Commission Minutes, August 18, 2020
13. Presentation Slides
14. Applicant's Plans (separate attachment)
Packet Page Number 228 of 292
A Attachment 1
CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT
AMENDMENT RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 SOTA Partners has requested approval of a conditional use permit for a planned unit
development amendment.
1.02 The property is located at 1744 County Road D East and is legally described as:
PIN: 0329221 1 0005 — Lot 3, Block 2, Legacy Village of Maplewood
Section 2. Standards.
2.01 City Ordinance Section 44-1092(6) requires a Conditional Use Permit for Planned
Unit Developments.
2.02 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a)
states that the City Council must base approval of a Conditional Use Permit on the
following nine standards for approval.
1. 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.
Packet Page Number 229 of 292
A Attachment 1
Section 3. Findings
3.01 The proposal meets the specific conditional use permit standards.
Section 4. City Review Process
4.01 The City conducted the following review when considering the conditional use permit
for a planned unit development amendment request.
On August 18, 2020, the planning commission held a public hearing. City staff
published a hearing notice in the Pioneer Press 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 this resolution.
2. On September 14, 2020, the city council discussed this resolution. They considered
reports and recommendations from the planning commission and city staff.
Section 5. City Council
5.01 The city council hereby the resolution. Approval is based on the findings
outlined in section 3 of this resolution. Approval is subject to the following conditions:
(additions are underlined and deletions are crossed out):
1. The retail/commercial site is planned in concept only within the PUD and will
come in for design review and approval at a later date, but the use is allowed as
long as the provisions of the BC zoning district and conditions outlined here are
met.
2. The building(s) on the retail/commercial site shall be set back as shown on the
site plan approved by the city council, approximately 933 68 feet, from the north lot
line.
3. The applicant shall submit a comprehensive sign plan. One criterion to be
established, however, is that pylon signs shall not be allowed. Monument signs
may be allowed, but shall not exceed 12 feet in height.
4. The architectural character and exterior building materials must be in keeping
with the adjacent townhomes and other buildings if present.
5. Access to the site shall be from the side streets.
6. All ground -mounted and roof -mounted mechanical equipment shall be screened
according to the ordinance;
7. Overstory trees must be planted along the south side of the extension of Street B
(Village Trail) at an average of 30 feet - 40 feet on center.
8. Adequate separation, buffering and screening must be provided for the multi-
family residential units from the front doors, parking areas, loading areas, and
mechanical equipment of this commercial building.
Packet Page Number 230 of 292
A Attachment 1
9. Parking stalls with a width of 9 feet are permitted on this site.
10. A parking lot setback of 10 feet is permitted from County Road D East.
11. Sidewalks along Flandrau Street and Village Trail shall be dedicated for public
use but the applicant is responsible for all maintenance including snow clearing.
12. The hotel shall be staffed 24 hours a day.
13. Prior to a certificate of occupancy being issued, hotel management shall meet
with the city's Public Safety Department to go over requirements from both police
and fire.
by the City Council of the City of Maplewood, Minnesota, on September 14, 2020.
Packet Page Number 231 of 292
A Attachment 2
DESIGN REVIEW AND COMPREHENSIVE SIGN PLAN RESOLUTION
Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 SOTA Partners has requested approval of design review and comprehensive sign
plan.
1.02 The property is located at 1744 County Road D East and is legally described as:
PIN: 0329221 1 0005 — Lot 3, Block 2, Legacy Village of Maplewood
1.03 On April 21, 2020, the community design review board reviewed this request. The
applicant was provided the opportunity to present information to the community
design review board. The community design review board considered all of the
comments received and the staff report, which are incorporated by reference into this
resolution.
Section 2. Site and Building Plan Standards and Findings.
2.01 City ordinance Section 2-290(b) requires that the community design review board
make the following findings to approve plans:
1. That the design and location of the proposed development and its relationship to
neighboring, existing or proposed developments and traffic is such that it will not
impair the desirability of investment or occupation in the neighborhood; that it will
not unreasonably interfere with the use and enjoyment of neighboring, existing or
proposed developments; and that it will not create traffic hazards or congestion.
2. That the design and location of the proposed development are in keeping with the
character of the surrounding neighborhood and are not detrimental to the
harmonious, orderly and attractive development contemplated by this article and
the city's comprehensive municipal plan.
3. That the design and location of the proposed development would provide a
desirable environment for its occupants, as well as for its neighbors, and that it is
aesthetically of good composition, materials, textures and colors.
2.02 City ordinance Section 44-738 requires a comprehensive sign plan shall be provided
for planned unit developments.
Such a plan, which shall include the location, size, height, color, lighting and
orientation of all signs and/or murals, shall be submitted for preliminary plan approval
by the city. Exceptions to the sign ordinance of this article may be permitted for sign
areas, densities, and dynamic display changeover rates for the plan as a whole if the
signs are in conformity with the intent of this article, results in an improved
relationship between the various parts of the plan, encourages and promotes the
removal of nonconforming signs through the use of shared signs, and in the case of
long-term exemptions to temporary window and banner signs show that there are
unusual circumstances with the request. In addition, murals must be tasteful, in
Packet Page Number 232 of 292
J6, Attachment 2
keeping with the business premises and surrounding properties, and not contain any
defamatory, obscene, treasonous expressions or opinions, including graffiti.
Section 3. City Council Action.
3.01.1 The above-described site and design plans are hereby approved based on the
findings outlined in Section 3 of this resolution. Subject to staff approval, the site
must be developed and maintained in substantial conformance with the site plan
date-stamped September 2, 2020 and design plans date-stamped July 28, 2020.
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 August 7, 2020.
4. The applicant shall obtain all required permits from the Ramsey -Washington
Metro Watershed District.
5. Rooftop vents and equipment shall be located out of view from residential
properties to the south and west.
6. A comprehensive sign plan is approved for this site per the following conditions.
a. A maximum of two monument signs are approved for this site. A monument
sign on the Bittersweet Lane side of the site may be up 140 -square -feet in
size. A monument sign on the Flandrau Street side of the site may be up to
80 -square -feet in size. Monument signs shall not exceed 12 feet in height.
b. Two wall signs are permitted. One wall sign on the north elevation and one
wall sign on the east elevation. Wall signs shall not exceed 100 square feet or
20 percent of wall face to which it is attached, whichever is less.
c. All signs require permits.
7. Prior to the issuance of a building permit, the applicant shall submit for staff
approval the following items:
a. Revised site plan showing a parking lot front yard setback of 10 feet, addition
of a sidewalk along the south property line (Village Trail), and a connection of
the sidewalk west of the building to sidewalks along County Road D East and
Village Trail.
b. Revised landscaping plan showing at least nine trees being planted along
Village Trail as required per this site's planned unit development.
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.
Packet Page Number 233 of 292
A Attachment 2
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.
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 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.
11. The applicant shall add brick to center bays on north and south elevation and on
stair towers on north elevation. Brick shall extend to roof line.
by the City Council of the City of Maplewood, Minnesota, on September 14, 2020.
Packet Page Number 234 of 292
Woodspring Suites Hotel - 1744 County Road D East A Attachment 3
W V—" M City of Maplewood July 28, 2020
Maplewood
Packet Page Number 235 of 292
Woodspring Suites Hotel - 1744 County Road D East A Attachment 4
W V—" M City of Maplewood July 28, 2020
Maplewood
Packet Page Number 236 of 292
Woodspring Suites Hotel - 1744 County Road D East A Attachment 5
W V—" M City of Maplewood July 28, 2020
Maplewood
Packet Page Number 237 of 292
�M A Attachment 6
SaIIIbate k Engineering I Surveying I Planning I Environmental
W
Project Narrative
Woodspring Suites Hotel - Maplewood
Location: 1744 County Road D East
Maplewood, MN 55109
Applicant: SOTA Partners
Proposal: Attached to this letter please find the application of the Woodspring Suites Hotel for the
property located at 1744 County Road D East in Maplewood, MN. Through the attached
application, SOTA Partners is requesting approval for construction of a new 4 -story hotel and
related parking lot and site utilities within the Legacy Parkway PUD.
A PUD revision for the property was approved for a commercial/retail building (Legacy Shops)
back in 2008 but that development never came to fruition and the lot is still vacant currently.
The use requested is for a Woodspring Suites Hotel, which is a quality extended stay hotel.
The project will consist of creating two access openings to Flandrau Street on the west of the
parcel and constructing a new 12,600 square foot 4 -story hotel building with 126 -stall parking
lot (1 space per guest room). Bicycle parking is included, and extensive landscaping restoration
to improve site aesthetics considerably from the vacant condition. The development would be
an enhancement to the neighboring area.
Company: The Woodspring Suites brand is committed to providing incredibly clean, affordable rooms and
a welcoming, friendly guest experience to all guests for a night, a week, a month, or longer.
Their extended stay hotels offer the perfect mixture of home -like comforts and more and hotel -
like convenience to a variety of guests who need a great room at a great price for several
nights or longer. All rooms include a well-designed kitchen with full-size refrigerator with
freezer, two -burner stove top and microwave, comfortable seating, flat panel TVs, desk and
workspace, and space for belongings. The hotel also features 24/7 access to guest laundry
room, vending machines, and staff support.
Landscaping & Screening_
Landscape screening between the proposed parking lot and adjacent businesses will exceed
City minimum requirements. A variety of coniferous, deciduous, and ornamental trees will be
provided throughout the site. Trees will be a hardy mix of native of non-native species and will
be provided within interior parking islands to minimize the heat island effect. Shrubs and trees
will wrap the sides of the parking lot and create an aesthetically pleasing presentation.
Packet Page Number 238 of 292
A Attachment 6
Woodspring Suites Hotel - Maplewood
July 27, 2020
Page 2
Signage: One pylon sign in the northeast corner and one monument sign at the main entrance in the
northwest corner are proposed.
Lighting: Lighting will be LED on poles with concrete bases. Lighting will be in conformance with City
Code. All lighting will be shielded as necessary to avoid any overlap to adjacent properties.
Parking: 126 parking spaces are proposed to meet city & corporate standards of 1 space per guest room.
10 bicycle spaces are also proposed per city requirements.
We respectfully request City support for the enclosed application by SOTA Partners for PUD Revision & CDRB for
the 1744 County Road D East parcel depicted on the attached site plan. Please see responses to the code
deviation requests on the following page. We look forward to reviewing this application with the City in the
weeks ahead.
Sincerely,
Pete Moreau
Sambatek, Inc.
Packet Page Number 239 of 292
A Attachment 6
Woodspring Suites Hotel - Maplewood
July 27, 2020
Page 3
PUD Revision Code Requests
1. We are requesting a deviation from 9.5' wide to 9.0' wide parking spaces.
Justification:
9.0' wide parking spaces are a widely accepted minimum parking space width for low turnover uses such
as hotels and consistent with similar developments. The deviation would not constitute a threat to
property value, safety, health, or general welfare of owners or occupants of nearby land. The deviation
is required to fit the code required 1:1 parking ratio (for guest rooms) and is reasonable for the physical
development by providing additional green space & landscaping with the reduced parking space width
that is still an acceptable parking standard.
Setback Summary
The site layout proposes a compliant 68' front building setback which exceeds the original Legacy
Parkway front setback of 15' and is less than the approved 83' setback allowed in the 2008 PUD
amendment.
A minimum of 5' landscape side yard setback is maintained from the right-of-way on all four sides of the
proposed parking area.
Pedestrian sidewalk connections are proposed to the north sidewalk along County Road D and to the
southwest corner at Flandrau Street & Village Street to meet the goals for the area of promoting
pedestrian circulation.
Packet Page Number 240 of 292
A Attachment 7
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Packet Page Number 247 of 292
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Engineering Plan Review
PROJECT: Woodspring Suites Hotel — 1744 County Road D
PROJECT NO: 20-20
COMMENTS BY: Jon Jarosch, Assistant City Engineer
DATE: 8-7-2020
PLAN SET: Engineering plans dated 7-24-2020
Stormwater Management Plan dated 7-27-2020
The applicant is proposing a new four-story hotel and associated site improvements on the
vacant lot at 1744 County Road D. The applicant is requesting design approval.
As this project disturbs more than 1/2 acre, it is required to meet the City's water quality and
rate control requirements. Stormwater management for the site is proposed to be
accommodated via the use of an underground infiltration system located beneath the parking
lot. 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 underground filtration system, sump structures, and
associated storm sewer system.
3) Soil boring information or infiltration test data shall be submitted to support the infiltration
rates utilized in the Stormwater Management Plan. The more general Web Soil Survey
Results are not adequate for this purpose.
4) Emergency overflow routes shall be identified on the plans for low -points throughout the
site.
Packet Page Number 248 of 292
A Attachment 10
5) Cleanouts are recommended along the roof drain piping system at all bend locations and
tees to ensure the system can be properly maintained in the future.
Grading and Erosion Control
6) The underground filtration system 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.
11) All slopes shall be 3H:1 V or less steep in slope.
12) The total cut/fill volume shall be noted on the grading plan.
13) Stabilized rock construction entrances shall be installed at all entry/exit points into the
site. If the southern site entrance is not to be used during the Phase II portion of the
project, fencing shall be placed to ensure all entry and exit occurs through the stabilized
northerly entrance.
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.
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A Attachment 10
Other
18) All work within the right-of-way along County Road D shall be reviewed and approved by
Ramsey County. Work in this area will require a right-of-way permit from the County.
19) Keeping in spirit with the remainder of the Legacy PUD, sidewalks shall be added along
all street frontages. The existing site plan shows the existing sidewalk along the north
frontage (County Road D) and a proposed sidewalk along a portion of the west frontage
(Flandrau Street). The sidewalk shall be extended the complete length of the westerly
frontage. A sidewalk shall also be added along the southerly frontage (Village Trail).
20) A sidewalk shall also be required along the easterly frontage (Bittersweet Lane), unless
the width of the site does not allow space for a sidewalk in this location. The Applicant
shall work with the City during the permitting process to exhaust all options for site
revisions to accommodate a sidewalk along this frontage before this requirement may be
negated.
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.
21) Grading and erosion control permit
22) Sanitary Sewer Permit
23) Storm Sewer Permit
24) Maplewood Right-of-way Permit (ROW Permit also needed from County)
- END COMMENTS -
Packet Page Number 250 of 292
J6, Attachment 11
DRAFT
MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, AUGUST 18, 2020
6:00 P.M.
(THIS MEETING WAS HELD REMOTELY VIA CONFERENCE CALL)
E. NEW BUSINESS
1. Design Review and Comprehensive Sign Review, Woodspring Suites, 1744
County Road D East
i. Assistant Community Development Director, Michael Martin gave the report on
the Design Review for Woodspring Suites, 1744 County Road D East and
answered questions of the board.
Boardmember Shankar made a friendly amendment that is reflected in the motion below
in bold and underlined.
Boardmember Shankar moved to approve the resolution for design review and a
comprehensive sign review for project plans date-stamped July 28, 2020 for a new hotel
to be constructed at 1744 County Road D East. (changes to the staff conditions are
underlined and in bold):
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 August 7, 2020.
4. The applicant shall obtain all required permits from the Ramsey -Washington
Metro Watershed District.
5. Rooftop vents and equipment shall be located out of view from residential
properties to the south and west.
6. A comprehensive sign plan is approved for this site per the following conditions.
a. A maximum of two monument signs are approved for this site. A monument
sign on the Bittersweet Lane side of the site may be up 140 -square -feet in
size. A monument sign on the Flandrau Street side of the site may be up to
80 -square -feet in size. Monument signs shall not exceed 12 feet in height.
b. Two wall signs are permitted. One wall sign on the north elevation and one
wall sign on the east elevation. Wall signs shall not exceed 100 square feet or
20 percent of wall face to which it is attached, whichever is less.
c. All signs require permits.
7. Prior to the issuance of a building permit, the applicant shall submit for staff
approval the following items:
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A Attachment 11
a. Revised site plan showing the parking lot front yard setback of 15 feet being
met.
b. Revised landscaping plan showing at least nine trees being planted along
Village Trail as required per this site's planned unit development.
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.
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 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.
11. The applicant shall add brick to center bays on north and south elevation and
on stair towers on north elevation. Brick shall extend to roof line.
Seconded by Boardmember Lamers. Ayes — Chairperson Kempe,
Boardmembers
Lamers, & Shankar
Nay — Boardmember Ledvina
All friendly amendments were agreed upon.
The motion passed.
Boardmember Ledvina voted nay because he disapproved of the building height.
Packet Page Number 252 of 292
J6, Attachment 12
DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, August 18, 2020
7:00 P.M.
(THIS MEETING WAS HELD REMOTELY VIA CONFERENCE CALL)
E. PUBLIC HEARING
3. Woodspring Suites, 1744 County Road D East
a. Conditional Use Permit for a Planned Unit Development Amendment
Resolution
Chairperson Arbuckle opened the public hearing.
Pete Moreau, Sambatek, Chip Johnson, Turnstone Group and Chris Peterson, 1686
Village Trail East spoke.
Chairperson Arbuckle closed the public hearing.
Commissioner Desai moved to approve the Conditional Use Permit for a Planned Unit
Development Amendment Resolution.
Seconded by Commissioner Dahm. Ayes — All
The motion passed.
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J7
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Rita Trapp and Laura Chamberlain, Consulting Planners
Michael Martin, AICP, Assistant Community Development Director
PRESENTER: Jeff Thomson, Community Development Director
AGENDA ITEM: Ordinance Amendment for Planned Unit Development
a. Ordinance Amendment to Chapter 44, Zoning, Revising
Procedures for Planned Unit Developments
b. Resolution Authorizing Publication of the Ordinance by Title and
Summary (4 votes)
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ✓ Resolution ✓ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
As part of the implementation efforts related to the 2040 Comprehensive Plan, staff identified the
need to amend the City's Planned Unit Development (PUD) procedures. The proposed amendment
is a technical, procedural amendment to ensure that PUDs are clearly identified on the zoning map
and that the standards agreed upon through the PUD are recorded in a manner that can be
retrieved in the future by staff and property owners.
Recommended Action:
a. Motion to approve the ordinance amendment to Chapter 44 Zoning to establish new
procedures for planned unit developments.
b. Motion to approve the resolution authorizing publication of the ordinance by title and
summary (4 votes).
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 260 of 292
J7
The proposed ordinance amendments will provide clear direction to city staff on how to represent
PUDs on the city's official zoning map as well as ensure the standards agreed upon through the
PUD are recorded in a manner that can be retrieved in the future by staff and property owners.
Background:
The attached ordinance identifies the needed changes to Chapter 44 — the city's zoning code. In the
ordinance, additions are underlined and deletions from the original ordinance are stricken.
The most significant change that will result from the proposed amendment is that planned unit
developments (PUD) will now be processed as a rezoning rather than as a conditional use permit
(CUP). Through the rezoning, the PUD will be considered its own zoning district, have its own
section in the zoning ordinance where standards are listed, and be labeled on the zoning map as
PUD with a number. This will make it easier for staff and property owners to find the standards that
regulate uses and structures.
To facilitate the existing PUDs which are permitted through a CUP, a new fixed planned unit
development district will be created. In this district, an existing conditional use permit shall continue
to govern minor site improvements. However, when a major amendment is needed, such as for a
new building, the existing CUP will be rescinded and the site will be rezoned to a new PUD district.
One element of the existing PUD process that will be retained in this amendment process is relative
to PUDs in the shoreland district. The state continues to require that shoreland PUDs be processed
through a CUP. This will remain in the City's code and will be in addition to the required rezoning to
a PUD district.
In crafting the ordinance, much of the City's existing language, particularly related to standards, was
retained. The procedures identified follow standard rezoning procedures, including a public hearing
and consideration by the planning commission and city council. An amendment process was
identified to allow administrative review and approval of minor PUD amendments, which is
considered one where there is not a significant increase in density; there is not a reduction in
setbacks or performance standards; and where the uses proposed are pre-existing, allowed for in
the PUD, or allowed in the underlying zoning district. Otherwise, major amendments will require a
public hearing and the consideration of the planning commission and city council.
Commission Review:
August 18, 2020: The planning commission held a public hearing, reviewed this amendment and
recommended approval.
Attachments:
1. Proposed Amendments to the PUD Ordinance
2. Resolution Authorizing Publication of Ordinance by Title and Summary
3. Planning Commission Minutes, July 21, 2020
4. Presentation Slides
Packet Page Number 261 of 292
J7, Attachment 1
ORDINANCE NO.
An Ordinance Revising Procedures for Planned Unit Developments
The City Council of Maplewood ordains as follows:
Section I. Chapter 44, Secs. 44-6, 44-9, and 44-390 are hereby amended as follows.
(additions are underlined and deletions are stricken):
Sec. 44-6. - Definitions.
Planned unit developments (PUD) means a type of development characterized by a unified site
design, with often two or more principal uses or structures. A PUD may include townhouses,
apartments, multiple -use structures such as an apartment with commercial shops, or similar
projects. Residential PUDs must have at least five dwelling units or dwelling sites and may
include single -dwelling homes. The PUD application, timing and recording process is described
under a tide V GGRd_1+EA_.R; 1 „69 PeFMits Article VII, Rezoning to a Planned Unit Development.
Shoreland planned unit development means a planned unit development (PUD) located within
the shoreland overlay district. The shoreland PUD is processed as a conditional use permit, as
described under Article IX, Shoreland Overlay District, and in compliance with Minnesota Rules
section 6120.3800 as may be amended.
Sec. 44-9. —Zoning Districts.
(a) The city is hereby ***
In addition to the above, the city is divided into the following planned unit development
(PUD) districts:
PUD -F
Planned unit development — fixed district
PUD -1
Reserved for future PUD district
Sec. 44-390. — Part of planned unit development.
Townhouses, together with other types of multiple -dwelling structures, or any combination of
different types of dwelling structures, defined and classified under this division, shall be
eligible to be considered and treated as a planned unit development pursuant to Article V II
Division 15 and Article VII, Division 2 of this chapter.
Section II. Article II. — DISTRICT REGULATIONS is hereby amended to add a new
Division 15. — PLANNED UNIT DEVELOPMENTS, Secs. 44-687 through 44-730.
DIVISION 15. — PLANNED UNIT DEVELOPMENTS
Sec. 44-687. — Planned unit development - fixed district
Packet Page Number 262 of 292
J7, Attachment 1
(a) The purpose of the planned unit development - fixed district is to allow for the
continuance of planned unit developments approved through conditional use permits
prior to September 1, 2020.
(b) There shall be no new parcels zoned to the planned unit development - fixed district
after September 1, 2020.
(c) All preliminary and final development plans approved as part of a conditional use
permit for a planned unit development prior to September 1, 2020 shall remain in full
force and effect as part of this overlay district. Provided new development in the
planned unit development - fixed district is in compliance with the approved plans,
the development shall be considered in conformance.
(d) Amendments to development plans for property in the planned unit development -
fixed district shall be processed according to the provisions in Article VII, Division 2.
Minor amendments will be considered while major amendments shall require the
establishment of a new planned unit development district.
Sec. 44-688. - Planned unit development (PUD)
(a) The planned unit development (PUD) provisions are intended to encourage more
efficient use of land, public services and greater amenity by allowing, under certain
circumstances, a more flexible means of land development or redevelopment than is
otherwise afforded through the strict enforcement of the zoning requirements of
certain districts through lot -by -lot development. Although planned unit developments
may appear to deviate in certain aspects from a literal interpretation of the zoning
and subdivision ordinances, the PUD is intended to allow flexibility in design in order
to promote developments which will be an asset to the city by equaling or surpassing
the quality of developments resulting from the application of more conventional
zoning regulations. A PUD may be used as a special district adapting any base
zoning district or combination of zoning districts.
(b) A planned unit development shall be established by rezoning to a newly created,
numbered planned unit development district that outlines the uses, dimensions, and
design standards of the new PUD zoning district following the procedures set forth in
Article VII. Division 2.
(c) Planned unit developments shall be on a tract of land more than one (1) acre.
(d) Permitted uses shall generally be consistent with the permitted or conditional uses of
the underlying base district. However, a PUD district can request alternative uses to
the permitted uses of the underlying base district, subject to the approval by the city
council as part of the establishment of the PUD.
(e) Density of development must meet the guidance set by the comprehensive plan's
future land use designation and map.
(f) The following provisions shall be addressed as part of the PUD. When it is intended
that regulations vary from the underlying district, the applicant shall propose them as
part of the PUD application process:
Packet Page Number 263 of 292
J7, Attachment 1
(1) A PUD shall be designed to complement existing and planned future land
uses of adjacent uses and infrastructure.
(2) Lot area may vary from the underlying base district standard in a PUD
provided the developer has demonstrated that the proposed design and
layout meets the provisions of this chapter.
(3) Setbacks may vary from underlying base district standards in a PUD provided
the developer has demonstrated that the proposed design and layout meets
the provisions of this chapter. Perimeter setbacks shall be consistent with the
setbacks of the underlying base zoning district.
(4) Building height may vary from the underlying base district standard. Thecity
may request cross sections, elevations and other information from the
developer in order to determine if the structure height meets the provisions of
this chapter.
(5) A PUD shall be designed to preserve existing vegetation and topography
where practical and shall be consistent with the goals and objectives of the
comprehensive plan.
(6) Overall architectural design shall be generally compatible with the
characteristics of the surrounding developments.
(7) Parking ratios may deviate from the off-street parking space standards.
Where alternative parking ratios are not stated in the PUD application, they
shall conform to section 44-17 off-street parking.
(8) All publicly dedicated streets, utilities and storm -water facilities shall be
(9)
designed in accordance with the city code, policies, and design standards.
The city may consider flexible standards for streets if the developer has
demonstrated that the proposed design and layout warrants varying
standards and the design meets the provisions of this chapter.
Circulation/access.
Vehicular access to lots adjoining an arterial street as defined by the
functional classification system shall be designed by way of a frontage
road, service road or local street.
Streets in a PUD shall be designed to promote a grid network of streets
minimizing dead ends and cul-de-sacs and connecting to adjoining
developments where streets have been `stubbed in' for the purpose of
continuation.
C. A PUD shall include provisions for pedestrians, bicycles and transit.
(10) A landscape and screening plan shall be included in the PUD submittal. The
plan should include street tree provisions, screening, parking lot landscaping
where applicable and the preservation of mature, healthy hardwood trees
where applicable.
Packet Page Number 264 of 292
J7, Attachment 1
(11) A comprehensive sign plan shall be adopted following the requirements of
Chapter 44 — Zoning, Article III. — Sign Regulations. Preliminary plans related
to signage shall be submitted as part of the PUD application. While the
comprehensive sign plan will be adopted subsequently to the PUD, if an
exception to the City's signage regulations are needed they shall be
evaluated and adopted as part of the PUD process. Freestanding pylon type
signs shall consolidate tenants or uses in predetermined locations,
minimizing the number of freestanding signs where possible.
Sec. 44-689 — 44-730. — Reserved
Section III. Article V. — CONDITIONAL USE PERMITS, Secs. 44-1092, 44-1095 (a) and 44-
1099 are hereby amended as follows and Sec. 44-1093. — Planned Unit Developments is
deleted and the section number reserved (additions are underlined and deletions are
stricken):
Sec. 44-1092. - Conditional uses.
Sec. 44-1093. — Reserved
(6) Shoreland planned unit developments (PUD).
Sec. 44-1095. - Application.
(a) An application for a conditional use permit may be made by any person having a legal
interest in the property described in the application. All applications shall be submitted
to the director of community development upon the form supplied by the city. The
director shall not accept an application that is not complete. Specific requirements
shall be as stated on this form, but shall include at least the following information, if
applicable:
(1) All information required on the community design review board application.
(2-9) An abstractor's certificate showing property owners' names and addresses within
500 feet of the boundaries of the property for which the permit is requested.
(34) Any other information required by the director of community development, the
city council or the council's advisory bodies.
Sec. 44-1099. - Start of construction or use.
The proposed construction must be substantially started or the proposed use utilized within
one year of council approval or the conditional use permit shall become null and void. The
council may grant up to one one-year extension of the permit if just cause is shown. This
requirement shall not apply to shoreland PUDs with an approved phasing plan. Such
extension shall be requested in writing and filed with the director of community development
at least 30 days before the expiration of the original conditional use permit. There shall be
no charge for filing such petition. The request for extension shall state facts showing a good
faith attempt to complete or utilize the use permitted in the conditional use permit.
Packet Page Number 265 of 292
J7, Attachment 1
Section IV. Article VII. — AMENDMENTS AND CHANGES is hereby amended by adding
Division 1. - Rezoning and Amendments and Division 2. — Rezoning to a Planned Unit
Development (PUD) District :
ARTICLE VII. - AMENDMENTS AND CHANGES
DIVISION 1. - REZONING AND AMENDMENT
Sec. 44-1161. - Initiation generally.
DIVISION 2. - REZONING TO A PLANNED UNIT DEVELOPMENT (PUD) DISTRICT
Sec. 44-1166. - Purpose and intent.
The purpose of the planned unit development (PUD) district is to provide comprehensive
procedures and standards intended to allow more creativity and flexibility in site plan design
than would be possible under a conventional zoning district. The decision to zone property to
PUD is a public policy decision for the city council to make in its legislative capacity. The
purpose and intent of a PUD is to include most or all of the following:
(a) Provide for the establishment of planned unit development (PUD) zoning districts in
appropriate settings and situations to create or maintain a development pattern that is
consistent with the city's comprehensive plan;
(b) Promote a more creative and efficient approach to land use within the city, while at the
same time protecting and promoting the health, safety, comfort, aesthetics, economic
viability and general welfare of the city;
(c) Provide for variations to the strict application of the land use regulations in order to
improve site design and operation, while at the same time incorporate design elements
that exceed the city's standards to offset the effect of any variations. Desired design
elements may include: sustainable design, greater utilization of new technologies in
building design, special construction materials, landscaping, lighting, stormwater
management, pedestrian -oriented design;
(d) Ensure high quality of design and design compatible with surrounding land uses,
including both existing and planned;
(e) Maintain or improve the efficiency of public streets and utilities;
(f) Preserve and enhance site characteristics, including natural features, wetland protection,
trees, open space, scenic views and screening;
(g) Allow for mixing of land uses within a development;
(h) Encourage a variety of housing types, including affordable housing; and
(i) Ensure the establishment of appropriate transitions between differing land uses.
Packet Page Number 266 of 292
J7, Attachment 1
Sec. 44-1167. - Procedure.
(a) Prior to filing of an application for a PUD, the applicant must arrange for and attend a
conference with city staff. The primary purpose of the conference shall be to provide the
applicant with an opportunity to gather information and obtain guidance as to the general
suitability of the proposal for the area for which it is proposed and its conformity to the
provisions of this chapter before incurring substantial expense in the preparation of
plans, surveys and other data. Information and advice from city staff shall not be
construed to predict future city approvals.
(b) If city council and planning commission input is desired by the applicant before formal
submittal of a PUD, a sketch plan can be submitted to the city for review.
The sketch plan submittal should include a statement describing how the PUD
requested meets the intent of a PUD identified in section 44-1166 above and
shall be accompanied by a graphic sketch illustrating the proposed project and
how it relates to surrounding properties.
The planner shall refer the sketch plan to the planning commission and city
council for discussion, review and informal comment.
Any opinions or comments provided in response to the sketch plan by the
planning commission or city council shall be considered advisory only and shall
not constitute a binding decision on the request.
(c) Planned unit developments (PUD) are processed using a preliminary development plan
and final development plan process. When a preliminary plat and final plat are also
required for the project, the director of community development shall have the discretion
to allow the preliminary development plan and final development plan process to occur
simultaneously when the complexity of the project will allow.
(d) The preliminary development plan submissions shall include, but not be limited to, the
submission requirements stipulated in Chapter 34 for preliminary plats. The preliminary
development plan and rezoning process shall follow the procedures stipulated in Article
VII, Division 1, including a public hearing. The submittal shall include a preliminary
development plan which includes the following:
Shows proposed location, use, setbacks, and size of areas for the various uses
on the site, including public and private areas and open spaces with the
suggested ownership and maintenance provisions of such areas.
Shows the general layout of the proposed external and internal circulation
systems, indicating the proposed vehicular right-of-way of all proposed public
streets, access drive locations, traffic control requirements, parking, and
proposed vehicular, bicycle, and pedestrian circulation.
Includes conceptual landscape plan showing all natural areas to be altered or
impacted by the development and areas where new landscaping will be installed,
as well as other natural features to be conserved and any required buffer areas
Packet Page Number 267 of 292
J7, Attachment 1
Includes a summary table showing total acres of the proposed development, the
number of acres devoted to each type of use including streets, common areas,
and open spaces, the number of dwelling units by type and density for each
residential use area and the building height(s), and square footage as proposed
for retail, office, industrial and institutional uses, by use area, and the number of
parking spaces provided for each use area
(e) After approval of the preliminary development plan, the applicant may apply for a final
development plan approval for all or a portion of the PUD.
The final development plan submissions shall include, but not be limited to, the
submission requirements stipulated in Chapter 34 for final plats. The submittal
shall include a final development plan that includes the following:
i. Shows all lot lines and easements with dimensions. Delineates and
identifies areas to be dedicated or reserved for public use and any
areas to be reserved by deed covenant for the common use of all
Property owners, listing who will maintain such areas.
ii. Shows dimensions and locations of proposed structures, buildings,
streets, parking areas, bicycle and pedestrian circulation, common
areas, open spaces, and other public or private facilities.
iii. Shows locations of existing and proposed structures including fences,
walls, signs, refuse containers, and lighting.
iv. Includes a summary table showing total acres of development, the
number of acres to be devoted to each type of use, the number of
proposed dwelling units (if applicable), building square footage,
number of parking spaces, impervious surface area and acreage
devoted to open space and other public facilities.
The final development plan shall be heard before the city council.
The final development plan is reviewed to ensure that the proposed final
development plan is consistent with the preliminary development plan and to
address any new or outstanding concerns from preliminary approval.
Should the final development plan be revised by the applicant beyond the
allowed plan modifications outlined in section 44-1169, a new preliminary
development plan shall be reviewed and approved simultaneously following the
process outlined for a preliminary development plan process, including a public
hearing and consideration by the planning commission and city council.
(f) While the rezoning is approved during the preliminary development plan stage, the final
rezoning to the planned unit development (PUD) district becomes official upon adoption
of the final development plan. The rezoning shall create a new planned unit development
(PUD district) within Article II, Division 15.
(g) The development of the property in a planned unit development shall conform to the
plans and specifications as filed with the city. Any substantive changes in the plans and
Packet Page Number 268 of 292
J7, Attachment 1
specifications shall require an amendment to the planned unit development as described
in section 44-1169.
Sec. 44-1168. — Standards.
(a) Eligibility standards. To be eligible for a PUD district, all development should be in
compliance with the followina:
(1) Where the site of a proposed PUD is designated for more than one land use in
the comprehensive plan, the city may require that the PUD include all the land
uses so designated or such combination of the designated uses as the city
council shall deem appropriate to achieve the purposes of this chapter and the
comprehensive plan;
(2) Any PUD which involves a single land use type or housing type may be
permitted, provided that it is otherwise consistent with the objectives of this
chapter and the comprehensive plan;
(3) Permitted densities may be specifically stated in the appropriate planned
development designation and shall be in general conformance with the
comprehensive plan; and
(4) The setback regulation, building coverage and floor area ratio of the most closely
related conventional zoning district shall be considered presumptively
appropriate, but may be departed from to accomplish the purpose and intent
described in Section 44-1166.
(b) Common open space. The developer shall provide deed restrictions, covenants,
easements, public dedication or other equally effective and permanent means to
preserve and maintain anv common open space. The instruments must include all the
following protections:
(1) Except for routine maintenance, the city must approve the alteration of any
vegetation or topography that is visible from a public water.
(2) The exterior storage of vehicles or other materials shall be prohibited. Storage
shall not include routine vehicle parking or the temporary storage of materials for
an ongoing construction project.
(3) If on a public water, uncontrolled beaching of watercraft shall be prohibited.
(c) Owners' association. All planned unit developments with common open space must
have an owners' association with the following features:
(1) Each lot owner must be a member.
(2) Each member must pay a pro rata share of the association's expenses, and
unpaid association assessments can become liens on units or sites.
(3) Association assessments must be adjustable to adapt to changing conditions.
Packet Page Number 269 of 292
J7, Attachment 1
(4) The association must be responsible for insurance, taxes and maintenance of all
commonly owned property and facilities.
(d) The city shall designate PUDs on the official city zoning map.
Sec. 44-1169. - Amendments to a PUD.
(a) A request for an amendment shall be sought when there is a change to the approved
planned unit development (PUD) district, including an approved preliminary development
plan.
(b) Classification of the amendment
(1) An amendment shall be classified as a minor amendment if no substantive
changes are proposed. Substantive change shall be determined by the director
of community development based on all of the following factors:
a. The uses proposed are pre-existing uses, allowed in the original approval, or
permitted in the underlying zoning district.
b. The amendment does not result in a significant increase in density.
c. The amendment does not reduce setbacks or applicable performance
standards.
(2) An amendment shall be classified as a major amendment if the director of
community development determines it does not meet the classification of a minor
amendment as described in subsection (a) above.
(c) Process
(1) A pre -application meeting pursuant to Sec. 44-1167 (a) is required prior to
submitting an amendment to a PUD.
(2) The director of community development shall determine whether the amendment
proposed is a minor or major amendment.
(3) Review process.
The director of community development shall review the application and
refer it to applicable city staff for review.
The appropriateness of a minor amendment shall be considered by the
director of community development using the same criteria as used in
establishing a PUD district. The director of community development shall
determine whether the application will be granted, denied or if consideration
by the plannina commission and citv council is needed.
An application deemed to be a major amendment shall follow the same
procedures set forth in Sec. 44-1167 for a new PUD District, including
consideration by the planning commission and city council.
Packet Page Number 270 of 292
J7, Attachment 1
Sec. 44-1170 — 44-1190. - Reserved
Section V. Article IX. — SHORELAND OVERLAY DISTRICT, Secs. 44-1242 and 44-1250 are
hereby amended as follows . (Additions are underlined and deletions are stricken):
Sec. 44-1242. — Development standards.
(a) Lot and building standards. The following lot and building standards shall apply to
commercial developments and residential developments with four or fewer dwelling units
per building. The city m-st may only approve developments with more than four units
per building within the shoreland district as shoreland planned unit developments:
(c) Placement, design and height of structures. Placement, design and height of structures
shall be in accordance with the following:
(3) Height of structures. Unless approved as a shoreland planned unit development,
the maximum height of all structures in residential districts, except churches and
nonresidential agricultural structures, shall be 25 feet.
Sec. 44-1250. — Shoreland planned unit developments.
(a) Suitable area evaluation. The city shall determine the suitable area for calculating the
density of a residential shoreland planned unit development (PUD) as follows:
(b) Residential shoreland PUD density evaluation. The procedures for determining the base
density of a shoreland PUD and density increase multipliers are as follows. The city or
the developer may transfer allowable densities from any tier to any other tier further from
the waterbody. The developer or owner may not transfer allowable densities to a tier
closer to a waterbody:
(1) To determine the residential shoreland PUD base density, divide the suitable
area within each tier by the minimum lot size for lakes or the minimum lot width
times the tier depth for creeks.
(2) Density increase multipliers:
c. Allowable density increases for residential shoreland planned unit
developments shall be as follows:
(c) Open space requirements. Shoreland planned unit developments must contain open
space meeting all of the following criteria:
Packet Page Number 271 of 292
J7, Attachment 1
(4) For residential shoreland PUDs, at least 50 percent of the shore impact zone
of existing developments or at least 70 percent of the shore impact zone of
new developments must be preserved in its natural state.
(d) Stormwater management. Each shoreland PUD must have a stormwater management
plan consistent with the city's drainage plan and erosion control ordinance.
(e) Centralization and design of structures and impervious surfaces. The following standards
shall apply to shoreland PUDs:
Section VI. This ordinance shall be effective following its adoption and publication.
Approved by the City Council of the City of Maplewood on September 14, 2020.
Signed:
Marylee Abrams, Mayor Date
Attest:
Andrea Sindt, City Clerk Date
Packet Page Number 272 of 292
J7, Attachment 2
CITY OF MAPLEWOOD
RESOLUTION NO.
RESOLUTION AUTHORIZING PUBLICATION OF ORD. NO. BY TITLE AND SUMMARY
WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No.
an ordinance amending the city's planned unit development ordinance; and
WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is several pages in length; and
WHEREAS, the City Council believes that the following summary would clearly inform the
public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that
the City Clerk shall cause the following summary of Ordinance No. _ to be published in the
official newspaper in lieu of the entire ordinance:
Public Notice
The Maplewood City Council has adopted Ordinance No. _, amending the city's planned
unit development (PUD) code. The most significant change that will result from the proposed
amendment is that PUD will now be processed as a rezoning rather than as a conditional use
permit. Through the rezoning, the PUD will be considered its own zoning district, have its own
section in the zoning ordinance where standards are listed, and be labeled on the zoning map as
PUD with a number.
Andrea Sindt, City Clerk
BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the City
Clerk keep a copy of the ordinance in her office at city hall for public inspection.
by the Maplewood City Council this 14th day of September, 2020.
Marylee Abrams, Mayor
ATTEST:
Andrea Sindt, City Clerk
Packet Page Number 273 of 292
J7, Attachment 3
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, JULY 21, 2020
7:00 P.M.
(THIS MEETING WAS HELD REMOTELY VIA CONFERENCE CALL)
E. PUBLIC HEARING
2. 7:00 p.m. or later: Amendments of the City's Planned Unit Development
Ordi nance
i. Laura Chamberlain, HKGi gave the report on the Amendments of the City's
Planned Unit Development Ordinance and answered questions of the
commission.
Chairperson Arbuckle opened the public hearing.
There were no callers.
Chairperson Arbuckle closed the public hearing.
Commissioner Desai moved to approve the Amendment to Chapter 44 zoning to
establish new procedures for Planned Use Developments.
Seconded by Commissioner Eads. Ayes — All
The motion passed.
Packet Page Number 274 of 292
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in
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman
REPORT FROM: Ellen Paulseth, Finance Director
PRESENTER: Ellen Paulseth, Finance Director
AGENDA ITEM: Resolution Adopting the 2021 Preliminary Property Tax Levy and Setting
the 2021 Budget Public Hearing Date and Time
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
State law requires that cities certify their proposed property tax levies to the county auditor by
September 301h. Once certified, the proposed tax levy can be reduced but cannot be increased.
The Proposed 2021 Budget requires a City tax levy of $23,217,300, which includes the EDA levy of
$100,000. The 2021 proposed tax levy represents a 0.0% increase over the 2020 final tax levy,
resulting in an estimated 0.9% City property tax decrease on the median value home in Maplewood.
Over half of this decrease is due to the increase in fiscal disparities distribution. By adopting the
attached resolution, the City Council is establishing the maximum levy that it is willing to consider.
Recommended Action:
Motion to adopt the resolution setting a preliminary tax levy for taxes payable in 2021 of
$23,217,300, and setting the 2021 budget hearing for December 14, 2020 at 7:00 PM.
Fiscal Impact:
Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $23,217,300
Financing source(s): ✓ Adopted Budget ❑ Budget Modification ❑ New Revenue Source
❑ Use of Reserves ❑ Other: N/A
Strategic Plan Relevance:
✓ Financial Sustainability
✓ Operational Effectiveness
✓ Integrated Communication ✓ Targeted Redevelopment
✓ Community Inclusiveness ✓ Infrastructure & Asset Mgmt.
The property tax levy impacts all areas of the strategic plan.
Background
The City Council held a strategic planning session in the spring and two budget workshops in
August with City staff. Background information is included below for Council consideration.
Packet Page Number 281 of 292
in
Proposed Property Tax Levy for Taxes Payable in 2021
The proposed preliminary levy contains a $0, or 0%, increase over the prior year levy as follows:
General Fund
$17,481,000$
17,324,330 1
$ (156,670)
-0.9%
Debt Service Funds
4,682,300
4,909,890
227,590
4.9%
EDA Fund
120,000
100,000
(20,000)
-16.7%
Capital Project Funds
934,000
883,080
(�00)-5.5%
202
�otal Levy
00
00
(Decrease
The property tax impact of the proposed preliminary levy is estimated as follows. The median home
will realize an approximate $10 decrease in City taxes for taxes payable in 2021:
FlMarket'
Taxa bI .
Market
Market
y Tax $�
rA
City
Amount
Tax $
$ Increas
%Inc7'rease
Value for Pay Value for Pay
Value for Pmount
2020
2021p�
202
2020
2021 (Decrease)
(Decrease
94,200
100,000
71,800
301
0.9%
141,200
150,000
126,300
M2
529
-0.2%
235,400
250,000
235,300
9850
-0.9%
245,400
1260,700
246,900
1,043
(10)
-0.9%
no
01 "11 n1l
Significant changes to the levy from the prior year are summarized as follows:
Primary factors resulting in levy increases:
✓ Increase in debt service expenditures $225,000
✓ Increase in workers' compensation premiums $200,000
✓ Reduction in revenue projections $195,000
$620,000
Primary factors resulting in levy decreases:
✓ Decrease in parks and recreation $500,000
✓ Eliminate surplus levy $100,000
✓ Decrease EDA levy 20,000
620 000
Packet Page Number 282 of 292
in
Trend Analysis of Components of the Property Tax Calculation
The amount of property taxes paid by taxpayers each year is impacted by several factors, including
the four discussed below.
Tax Levy - The City tax levy proposed for 2021 and the previous six years of levies are as follows:
2015 2016i
i18
2019 2020
2021
18,991,610 19,751,270
20,738,833 21,465,600
22,109,600 22,217,300
22,217,300
2.5% 4.0%
5.0% 3.5%
3.0% 5.0%
0.0%
Since 2015, with the adoption of the 2021 preliminary levy, the City tax levy will have increased
$4.2M, or 22.2%, with the average annual city tax levy increase over the same period being 3.3%.
Tax Rate - Due to expansion in the tax base, the City's tax rate will decrease by 6.24% with the
2021 preliminary tax levy. The following table illustrates the City's tax capacity rate history for the
preliminary 2021 year and the previous six years:
2015
2016
2017
20182020
34,824,694 35,038,551
37,221,915 39,497,224
2021
46.353%
48.507%
47.248%
45.911%
44.693%
44.646%
41.861%
-4.19%
4.65%
-2.60%
-2.83%
-2.65%
-0.11 %
-6.24%
With the adoption of the preliminary 2021 tax levy, the City's tax rate will be 9.69% lower than it was
in 2015. The average decrease over the time period is 1.99%, inclusive of the increase in 2016.
Tax Capacity - City taxes are impacted by the growth in the tax base. The following table
illustrates the City's tax capacity amount for the 2021 preliminary year and the last six years:
2015 2016i
i18
2019
2020 2021
34,824,694 35,038,551
37,221,915 39,497,224
42,052,651
44,235,214 47,227,298
9.90% 0.61%
6.23% 6.11%
6.47%
5.19% 6.76%
The City's tax capacity has increased 35.61% in total since 2015, with the average annual increase
being 5.9% over the 7 -year period.
Fiscal Disparities — The City's fiscal disparities distribution amount has increased 35% since 2015,
or an average of 4.43% per year over the period. Fiscal disparities funding provides relief to City
taxpayers.
2015
2016i
i18
2019 2020
2021
2,551,939
2,439,009 2,872,903
3,052,429
3,045,730 3,193,463
3,447,368
-1.19%
-4.43% 17.79%
6.25%
-0.22% 4.85%
7.95%
The fiscal disparities distribution is subtracted from the City's certified levy at the County level
before property taxes are calculated.
Property Tax Impact - The above factors, and others, determine how much City taxpayers will pay
in property taxes. The property tax calculation is complex and can show significant fluctuation from
year to year.
Packet Page Number 283 of 292
in
Attachments
Resolution Adopting the 2021 Preliminary Property Tax Levy and Setting the 2021 Budget
Public Hearing Date and Time
Packet Page Number 284 of 292
A Attachment 1
RESOLUTION ADOPTING THE 2021 PRELIMINARY PROPERTY TAX LEVY
AND
SETTING THE 2021 BUDGET PUBLIC HEARING DATE AND TIME
WHEREAS, State law requires that the City Council adopt a proposed property tax
levy for taxes payable in 2021 by September 30, 2020; and
WHEREAS, the City Council has reviewed the proposed 2021 Budget and has
determined the amount of the proposed tax levy payable in 2021, which is the maximum amount
that will be levied.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA THAT:
1. The proposed tax levy for taxes payable in 2021, in the amount of $23,217,300 is hereby
adopted and shall be certified to the Ramsey County Auditor as follows:
General Fund $17,324,330
Debt Service Funds $ 4,909,890
EDA Fund $ 100,000
Capital Improvement Fund $ 85,000
Public Safety Equipment Fund $ 390,000
Building and Facilities Fund $ 200,000
Community Center Fund $ 208,080
Total Levy $23,217,300
2. Debt levies have been reduced by other revenue sources as follows:
Levy year 2020 ADDITIONS OR CERTIFIED
ORIGINAL DATE PAYABLE 2021 REDUCTIONS BY DEBT
BOND ISSUES PRINCIPAL ISSUED DEBT LEVY RESOLUTION LEVY
------------------------------------
------------------------------------
GO IMP 2007B
-----------
-----------
5,090,000
--------------
--------------
15 -Oct -07 $
--------------
--------------
338,322.88
-338,322.88
GO IMP REFUNDING 2009A
4,680,000
1 -Apr -09
186,516.34
-186,516.34
GO IMP 2011A
10,000,000
1 -Jun -11
413,908.49
-413,908.49
GO 2012A
5,780,000
1 -Jul -12
113,201.31
-58,581.31
GO 2013A refunding
6,180,000
1 -Jun -13
437,120.30
-0.30
GO 2013B refunding
3,700,000
18 -Dec -13
214,462.50
0.50
GO 2014A
7,745,000
1 -Aug -14
520,875.78
0.22
GO Imp 2015A refunding
3,790,000
1 -Jan -15
402,147.50
0.50
GO 2015B
1,215,000
8 -Jul -15
116,130.00
-68,670.00
GO 2015C refunding
7,990,000
8 -Jul -15
456,644.79
0.21
GO 2016A
3,765,000
8 -Sep -16
281,744.16
-0.16
GO 2016B refunding
5,775,000
8 -Sep -16
581,180.00
-196,796.00
GO Imp Refunding 2017B
3,145,000
11 -May -17
546,000.06
-0.06
GO 2017A
3,850,000
11 -May -17
105,946.48
159,999.52
GO 2018A
6,940,000
14 -Jun -18
287, 686.20
170, 994.80
GO 2019A
4,475,000
18 -Jul -19
158,411.57
93,423.43
GO 2020A
5,480,000
4 -Nov -20
657,684.51
-414,829.51
GO 2020B
6,200,000
1 -Jul -20
345,112.97
0.03
0.00
0.00
54, 620.00
437,120.00
214,463.00
520, 876.00
402,148.00
47, 460.00
456, 645.00
281, 744.00
384, 384.00
546, 000.00
265, 946.00
458, 681.00
251, 835.00
242, 855.00
345,113.00
$6,163,095.84 -$1,253,205.84 $4,909,890.00
Packet Page Number 285 of 292
J8, Attachment 1
3. The date for the public hearing and consideration of the final 2021 levy and budget shall
be Monday, December 14, 2020 at 7:00 pm in the Maplewood City Council Chambers, by
hybrid virtual method.
Packet Page Number 286 of 292
J9
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: City Council
REPORT FROM: Melinda Coleman, City Manager
PRESENTER: Melinda Coleman, City Manager
Ron Batty, City Attorney
AGENDA ITEM: Closed Session Pursuant to Minn. Stat., Section 13D.05, subd. 3(b) for
Attorney -Client Privileged Discussion Regarding Pending Litigation, Myth
Live II, Inc v. City
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
The purpose is to discuss pending litigation.
Recommended Action:
Before the meeting is closed, the City Council must state on the record the specific grounds
permitting the meeting to be closed and describe the subject to be discussed. Therefore, it is
recommended the City Council introduce the following motion:
Pursuant to Minnesota Statutes Section 13D.05, subd. 3b, I hereby motion to close the
regular meeting and go into closed session to discuss pending litigation related to the Myth
Live II, Inc.
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.
Background
4ffnrhmnn+c
None
Packet Page Number 287 of 292
K1
CITY COUNCIL STAFF REPORT
Meeting Date September 14, 2020
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Steven Love, Director of Public Works/City Engineer
Bryan Nagel, Street/Storm/Building Superintendent
PRESENTER: Steven Love
AGENDA ITEM: Resolution Receiving Bids and Awarding Contract for 1902 Building Roof
Replacement, City Project 20-06.
Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing
Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
The City Council will consider receiving the submitted bids and awarding a construction contract to
the lowest responsible bidder for the 1902 Building Roof Replacement, City Project 20-06.
Recommended Action:
Motion to approve the Resolution for Receiving Bids and Awarding Construction Contract for the
1902 Building Roof Replacement, City Project 20-06, to Berwald Roofing Company, Inc. in the
amount of $469,300.00.
Fiscal Impact:
Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $491,050.00. This includes
the base bid of $469,300.00 and the council approved amount of $21,750.00 for design, preparation
of plans and specifications, and inspections.
Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source
❑ Use of Reserves ✓ Other: The 2020 estimated CIP cost for the
project is $410,000 and is to be funded by the Building Maintenance Fund. The total estimated
project cost including design, inspection, and construction is $491,050.00. The total project cost is
$81,050.00 over the estimated CIP cost. Staff has worked with the Finance Director to make
adjustments to future CIP budgets to account for the increased project cost. The Finance Director
has reviewed the Building Maintenance Fund balance and staff recommends a total project budget
of $491,050.00 be established.
Strategic Plan Relevance:
❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment
✓ Operational Effectiveness ❑ Community Inclusiveness ✓ Infrastructure & Asset Mgmt.
The 1902 Public Works Building roof system is beyond its useful life, failing, and in need of
replacement. The project scope includes the replacement of the original building roof that was
Packet Page Number 288 of 292
K1
constructed in 1978. The proposed project does not include the roof that was constructed as part of
the 2005 building addition.
Background
On April 13, 2020, the City Council approved a letter of agreement for LHB, Inc. to design, bid, and
inspect the 1902 Building Roof Replacement Project. The plans and specifications were completed
and approved by the City Council on August 10, 2020. Notices were published per state statute
requirements for projects exceeding $100,000.00. The bid opening took place on September 4,
2020 at 10:00 a.m. A total of 8 bids were received with 3 of the bids found to be incomplete. The
following is a summary of the 5 complete bids:
BID TABULATION
BID
CONTRACTOR
TOTAL BID
1
Berwald Roofing Company, Inc.
$469,300
2
Central Roofing Company
$484,640
3
Palmer West Construction Company, Inc.
$488,700
4
Sela Roofing Commercial Division
$495,000
5
Commercial Roofing and Sheet Metal Inc.
$573,375
Engineering Estimate
$504,444
As seen in the above Bid Tabulation the total bid amounts range from $469,300.00 to $573,375.00.
Based on bid results and LHB's letter of recommendation (see attached Letter of Recommendation
to Award Bid) Berwald Roofing Company, Inc. is the lowest, responsive, and responsible bidder
with a bid total of $469,300.00. The estimated total project cost, including LHB design, inspection,
and construction administration ($21,750.00) is $491,050.00. The estimated total project cost is
approximately $81,050 above the approved CIP budget of $410,000.
Attachments
1. Resolution Award of Bids and Awarding Construction Contract
2. LHB Letter of Recommendation
Packet Page Number 289 of 292
K1, Attachment 1
RESOLUTION
RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT
WHEREAS, pursuant to resolution passed by City Council on August 10, 2020
approving plans and specifications and advertising for bids for the 1902 Building Roof
Replacement,
City Project 20-06, and
WHEREAS, the plans and specifications were advertised for bids, and
WHEREAS, bids were received and opened on September 4, 2020 at 10:00 A.M.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the bid by Berwald Roofing Company, Inc. in the amount of $469,300 is
The lowest responsible bid for the construction of the 1902 Building Roof Replacement, City
Project 20-06, 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 $491,050.00 shall be 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.
Adopted by the Maplewood City Council on September 14, 2020.
Packet Page Number 290 of 292
K1, Attachment 2
PERFORMANCE
DRIVEN DESIGN.
LHBcorp.com
September 4, 2020
Steve Love
Public Works Director / City Engineer
City of Maplewood
1902 County Road B East
Maplewood, MN 55109
CITY OF MAPLEWOOD
PUBLIC WORKS BUILDING RE -ROOF
LETTER OF RECOMMENDATION TO AWARD BID
LHB has reviewed the bids received on September 4, 2020. Five (5) bids were received ranging in price from $469,300 to
$573,375. Based on the bids received, the apparent low bidder is Berwald Roofing, as outlined on the attached Bid
Tabulation. Four of the five bids were below LHB's Opinion of Probable Cost estimated at $504,444.
We have evaluated their bid and consider the contract price fair and reasonable. Berwald Roofing was contacted on
September 4, 2020 to verify their bid amount. Berwald Roofing stated that the company is satisfied with their bid and that the
bid contained no errors or omissions.
LHB has experience working with this Contractor on prior projects and have determined them to be responsive and
responsible.
LHB recommends awarding the construction contract to Berwald Roofing for the Base Bid amount of $469,300.
If you have any questions regarding this recommendation, please call.
LHB, INC.
STEVE MCNEILL, AIA
Attachments: Bid Tabulation
c: Bryan Nagle, City of Maplewood
Aaron Kelley, Martin Thompson; LHB
LHB Project No. 200271
\\LHBDLHW24\DLHProjects\20Proj\200271\200 Communication\Letters\200271 20200908 LTR of Recommendation to Award Bid.docx
Duluth, MN I Minneapolis, MN I Cambridge, MN I Superior, WI
Packet Page Number 291 of 292
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