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2021-04-12 City Council Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, April 12, 2021 Held Remotely Via Conference Call Dial 1-312-626-6799 or 1-888-788-0099 When Prompted Enter Meeting ID: 923 4865 7522# No Participant ID, Enter # When Prompted Meeting No. 07-21 A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE C.ROLL CALL D.APPROVAL OF AGENDA E.APPROVAL OF MINUTES 1.March 22, 2021 City Council Workshop Meeting Minutes 2.March 22, 2021 City Council Meeting Minutes F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update 2.Council Presentations 3.Arbor Day Proclamation 2021 4.2020 Community Development Department Annual Report 5.Public Safety Department 2020 Annual Report 6.HPC Coordination with St. Paul Regional Water Services Project G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1.Approval of Claims 2.Approval of Transfers 3.Resolution to Maintain Statutory Tort Liability Limits 4.Consent to Assignment of Tax Increment Financing Note (Sibley Cove Project) and Issuance of Replacement for Lost Note 5.2021 Collective Bargaining Agreement with AFSCME Local 2725 6.On-Sale Intoxicating Liquor and Sunday Sales License for Lancer Food and Beverage LLC at Keller Golf Course, 2166 Maplewood Drive 7.Agreement with City of Saint Paul to Accept Auto Theft Grant Funds 8.Access to Criminal Justice Data Networks a.Resolution Approving State of Minnesota Joint Powers Agreement b.Joint Powers Agreement with State of Minnesota c.Court Data Services Subscriber Amendment to CJDN Subscriber Agreement 9.Purchase of One Asphalt Paver 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.Resolution Pursuant to Minnesota Statutes, section 469.174, subd. 10(d) regarding 1375 Frost Avenue (Gladstone House) 2.Resolution Pursuant to Minnesota Statutes, section 469.174, subd. 10(d) regarding 1946 English Street (Former Moose Lodge) K.AWARD OF BIDS 1.Resolution Receiving Bids and Awarding Construction Contract, Sterling Street Bridge Replacement, City Project 16-25 2.Resolution Receiving Bids and Awarding Construction Contracts for the North Fire Station Construction Project 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 6:00 P.M. Monday, March 22, 2021 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 6:00 p.m. by Mayor Abrams. B.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent William Knutson, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent C.APPROVAL OF AGENDA Councilmember Juenemann moved to approve the agenda as submitted. Seconded by Councilmember Cave Ayes – All, via roll call The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Intent to Close Meeting (Minnesota Statute 13D.03) Update on Status of Labor Contract Negotiations Mayor Abramsmoved to close the workshop meeting and go into closed session to discuss strategies, review offers received from the bargaining units, analyze fiscal considerations, and to develop negotiation positions for the City’s seven collective bargaining units pursuant to Minnesota Statutes Section 13D.03,Subd. (b). Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed Mayor Abrams closed the meeting at 6:03 p.m. Present at the closed session: Mayor Abrams, Councilmember Knutson, Councilmember Villavicencio, Councilmember Cave, Councilmember Juenemann, City Manager Coleman, Assistant City Manager/HR Director Sable, and IT Director Fowlds. March 22, 2021 City Council Workshop Minutes 1 City Council Packet Page Number 1 of 253 E1 Mayor Abrams called the meeting back to order at 6:54 p.m. F. ADJOURNMENT Mayor Abrams adjourned the meeting at 6:55 p.m. March 22, 2021 City Council Workshop Minutes 2 City Council Packet Page Number 2 of 253 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 22, 2021 Held Remotely Via Conference Call Meeting No. 06-21 A. CALL TO ORDER A meeting of the City Council was held remotely via conference call and was called to order at 7:00 p.m. by Mayor Abrams. Mayor Abrams highlighted additional indicators of Spring including the Easter Bunny and treasure hunt at the Maplewood Mall and the anticipated food trucks in the mall’s parking lot in May. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present William Knutson, Councilmember Present Nikki Villavicencio, Councilmember Present D. APPROVAL OF AGENDA The following items were added to the agenda under Council Presentations: Climate Adaptation Plan Workshop Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Knutson Ayes – All, via roll call The motion passed. E. APPROVAL OF MINUTES 1. March 08, 2021 City Council Meeting Minutes Councilmember Juenemann moved to approve the March 08, 2021 City Council Meeting Minutes as submitted. Seconded by Councilmember Cave Ayes – All, via roll call The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update March 22, 2021 City Council Meeting Minutes 1 City Council Packet Page Number 3 of 253 E2 City Manager Coleman gave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2. Council Presentations Climate Adaptation Plan Workshop Councilmember Juenemann gave an update on the Climate Adaptation Plan Workshop. 3. Preliminary General Fund Budget Report Fiscal Year 2020 Finance Director Paulseth gave the staff report. G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Councilmember Juenemann moved to approve agenda items G1-G4. Seconded by Councilmember Cave Ayes – All, via roll call The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 445,289.30 Checks #107199 thru #107235 dated 03/09/21 $ 638,384.77 Disbursements via debits to checking account dated 03/02/21 thru 03/05/21 $ 244,388.98 Checks #107237 thru #107256 dated 03/16/21 $ 296,082.42 Disbursements via debits to checking account dated 03/08/21 thru 03/12/21 $ 1,624,145.47 Total Accounts Payable PAYROLL $ 610,045.04 Payroll Checks and Direct Deposits dated 03/05/21 $ 1,617.60 Payroll Deduction check #99104501 thru #99104502 dated 03/05/21 March 22, 2021 City Council Meeting Minutes 2 City Council Packet Page Number 4 of 253 E2 $ 611,662.64 Total Payroll $ 2,235,808.11 GRAND TOTAL Seconded by Councilmember Cave Ayes – All, via roll call The motion passed. 2. Resolution Directing Release of Retainage and Acceptance of Project, Wakefield Park Improvements, City Project 18-04 Councilmember Juenemann moved to approve the resolution for release of retainage and acceptance of WakefieldPark Improvements, City Project 18-04. Resolution 21-03-1927 RESOLUTION DIRECTING RELEASE OF RETAINAGE AND ACCEPTANCE OF WAKEFIELD PARK IMPROVEMENTS, CITY PROJECT 18-04 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Wakefield Park Improvements, City Project 18-04, and has let a construction contract, and WHEREAS, the Parks and Recreation Manager for the City of Maplewood has determined that the Wakefield Park Improvement, City Project 18-04, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 18-04 is complete and maintenance of the improvements are accepted by the City; the final construction cost is $2,058,279.82. Release of retainage to Versacon, Inc is hereby authorized. Seconded by CouncilmemberCaveAyes – All, via roll call The motion passed. 3. Purchase of Road Salt for 2021-2022 Winter Season Councilmember Juenemann moved to authorize the Street Superintendent to purchase de-icing salt under a state contract for the 2021-2022 winter season in an estimated amount of $66,009.00. Seconded by Councilmember Cave Ayes – All, via roll call The motion passed. 4. Resolution for Reduction of Retainage on Existing Construction Contract, County Road B and Arcade Street Improvements, City Project 19-22 Councilmember Juenemann moved to approve the resolution for Reduction of Retainage March 22, 2021 City Council Meeting Minutes 3 City Council Packet Page Number 5 of 253 E2 on Existing Construction Contract for the County Road B and Arcade Street Improvements, City Project 19-22. Resolution 21-03-1928 REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT PROJECT 19-22 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 19-22, County Road B and Arcade Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, Valley Paving, Inc., has completed the requirements of the majority of the project construction work, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. A reduction in retainage on the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, to 3.0%. Seconded by Councilmember Cave 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. 1. Host Approval of Healthcare Revenue Notes and Bonds for the New Harmony Project at 1534 County Road C a. Public Hearing b. Resolution Giving Host Approval to the Issuance of Healthcare Revenue Notes and Bonds, Series 2021A, 2021B, 2021C, and 2021D (Hampton, Landfall Village, Falcon Heights, Little Canada) for the New Harmony Project and Approving a Joint Powers Agreement Finance Director Paulseth gave the staff report. Sofia Lykke, bond counsel with Kennedy & Graven, provided further comments. Councilmember Knutson recused himself from discussion and voting due to a business relationship. Mayor Abrams opened the public hearing. The following people spoke: None Mayor Abrams closed the public hearing. Councilmember Juenemann moved to approve the resolution Giving Host Approval to the Issuance of the City of Hampton, Minnesota Senior Housing and Healthcare Revenue March 22, 2021 City Council Meeting Minutes 4 City Council Packet Page Number 6 of 253 E2 Note (New Harmony Project), Series 2021A, the City of Landfall Village, Minnesota Senior Housing and Healthcare Revenue Note (New Harmony Project), Series 2021B, the City of FalconHeights, Minnesota Senior Housing and Healthcare Revenue Note (New Harmony Project), Series 2021C, and the City of Little Canada, Minnesota Subordinate Senior Housing and Healthcare Revenue Bonds (New Harmony Project), Series 2021D, and Approving a Joint Powers Agreement. Resolution 21-03-1929 A RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF THE CITY OF HAMPTON, MINNESOTA SENIOR HOUSING AND HEALTHCARE REVENUE NOTE (NEW HARMONY PROJECT), SERIES 2021A, THE CITY OF LANDFALL VILLAGE, MINNESOTA SENIOR HOUSING AND HEALTHCARE REVENUE NOTE (NEW HARMONY PROJECT), SERIES 2021B, THE CITY OF FALCON HEIGHTS, MINNESOTA SENIOR HOUSING AND HEALTHCARE REVENUE NOTE (NEW HARMONY PROJECT), SERIES 2021C, AND THE CITY OF LITTLE CANADA, MINNESOTA SUBORDINATE SENIOR HOUSING AND HEALTHCARE REVENUE BONDS (NEW HARMONY PROJECT), SERIES 2021D, AND APPROVING A JOINT POWERS AGREEMENT WHEREAS, Minnesota Statutes, Chapter 462C, as amended (the “Act”), particularly Section 462C.05, subdivision 7, gives municipalities the power to issue revenue obligations for the purpose of financing or refinancing a program for the purposes of planning, administering, making, or purchasing loans with respect to a combination of a multifamily housing development and health care facility as defined in Minnesota Statutes, Section 469.153 and to enter into agreements necessary or convenient in the exercise of powers granted by the Act; and WHEREAS, Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue obligations to finance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the obligations are issued under a joint powers agreement between the municipality issuing the obligations and the municipality in which the property to be acquired or improved is located. Pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint powers agreement entered into through action of their governing bodies, two or more municipalities may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised and the joint powers agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units; and WHEREAS, the City of Maplewood, Minnesota (“Maplewood” or the “Host City”), has received from New Harmony Care Center, Inc. (the “Borrower”), a Minnesota nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), the sole member of which is Elim Care, Inc., a Minnesota nonprofit corporation, the sole member of which is Cassia, a Minnesota nonprofit corporation, a proposal that the City of Hampton, Minnesota (“Hampton”), the City of Landfall Village, Minnesota (“Landfall Village”), the City of Falcon Heights, Minnesota (“Falcon Heights”), and the City of Little Canada, Minnesota (“Little Canada” and, together with Hampton, Landfall Village, and Falcon Heights, the “Issuers”), undertake a program to finance the Project (as defined below) through the issuance of revenue notes, revenue bonds, or other obligations, in one or more series, March 22, 2021 City Council Meeting Minutes 5 City Council Packet Page Number 7 of 253 E2 pursuant to the Act and, in connection with that proposal, the Issuers are to issue the following obligations: (i) City of Hampton, Minnesota Senior Housing and Healthcare Revenue Note (New Harmony Project), Series 2021A (the “Hampton Note”), (ii) City of Landfall Village, Minnesota Senior Housing and Healthcare Revenue Note (New Harmony Project), Series 2021B (the “Landfall Village Note”), (iii) City of Falcon Heights, Minnesota Senior Housing and Healthcare Revenue Note (New Harmony Project), Series 2021C (the “Falcon Heights Note” and, together with the Hampton Note and the Landfall Village Note, the “Senior Notes”), and (iv) City of Little Canada, Minnesota Subordinate Senior Housing And Healthcare Revenue Bonds (New Harmony Project) , Series 2021D (the “Subordinate Bonds” and, together with the Senior Notes, the “Series 2021 Obligations” or “Obligations”), with the Senior Notes to be issued in an aggregate principal amount not to exceed $28,000,000 and the Subordinate Bonds to be issued in an aggregate principal amount not to exceed $8,000,000; and The “Project” to be financed by the Series 2021 Obligations consists of (i) financing the acquisition, construction, and equipping of a new senior healthcare and housing facility, including approximately 48 skilled nursing beds, 16 transitional skilled nursing beds, 35 independent apartment units, 36 assisted living apartment units, 14 memory care apartment units, and 12 care suite apartment units (the “Facility”), to be located at 1534 County Road C East in Maplewood; (ii) funding any required reserve funds; and (iii) paying all or a portion of the costs of issuance of the Series 2021 Obligations (collectively, the “Project”). The Facility will be owned and operated by the Borrower; and WHEREAS, as required by the Act and Section 147(f) of the Code, a Notice of Public Hearing was published in Maplewood’s official newspaper and newspaper of general circulation, for a public hearing on the proposed issuance of the Obligations by the Issuers and the proposal to undertake and finance the Project; and WHEREAS, as required by the Act and Section 147(f) of the Code, the City Council of Maplewood has on this same date held a public hearing on the issuance of the Obligations by the Issuers and the proposal to undertake and finance the Project located within the jurisdictional limits of Maplewood, at which all those appearing who desired to speak were heard and written comments were accepted; and WHEREAS, Maplewood has been advised that the Obligations, as and when issued, will not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of Maplewood or the Issuers, except the revenues to be derived from one or more loan agreements to be entered into between the Issuers and the Borrower. Such Obligations will not give rise to a pecuniary H1, Attachment 1 liability of Maplewood or the Issuers or be a charge against the general credit or taxing powers of Maplewood or the Issuers, but are payable from sums to be paid by the Borrower pursuant to the loan agreements; and WHEREAS, Maplewood and the Issuers are proposing to enter into a Joint Powers Agreement (the “Joint Powers Agreement”) pursuant to which Maplewood will consent to the issuance of the Obligations by the Issuers to finance the Project and the Issuers will agree to issue the Obligations to finance the Project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, as follows: March 22, 2021 City Council Meeting Minutes 6 City Council Packet Page Number 8 of 253 E2 1 Recital of Representations Made by the Borrower. The Borrower has agreed to pay anyandall costs incurredbyMaplewoodinconnectionwiththeissuanceofthe Obligations, whether or not such issuance is carried to completion. 2 Host Approval. The City Council hereby gives the host approval required under Section 147(f) of the Code and, pursuant to Minnesota Statutes, Section 471.656, Subd. 2(2), the City Council hereby consents to the issuance of the Obligations by the Issuers. 3 Joint Powers Agreement. The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Joint Powers Agreement and any other documents deemed necessary to fulfill the intentions of this resolution. All of the provisions of the Joint Powers Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Joint Powers Agreement shall be substantially in the form on file with the City which is hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. Electronic Signatures Authorized. The execution of any instrument by the appropriate officer or officers of the City herein authorized may be by electronic signature if such an option is available and shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. For purposes of this paragraph: (i) "electronic signature" means a manually signed original signature, an electronic image of a handwritten signature, or a digital signature provided by DocuSign, Adobe Sign, or any other electronic signature provider acceptable to the parties, which in each case is transmitted by electronic means; and (ii) "transmitted by electronic means" means sent in the form of a facsimile or sent via the internet as a PDF (i.e. portable document format) or other replicating image attached to an electronic mail or internet message. Seconded by Councilmember Cave Ayes – 4, via roll call Abstain – Knutson, due to business relationship The motion passed. I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. North Fire Station, 1530 County Road C East a. Conditional Use Permit Amendment Resolution b. Design Review Resolution Community Development Director Thomson gave the staff report. Fire and EMS Chief Mondor provided additional information. March 22, 2021 City Council Meeting Minutes 7 City Council Packet Page Number 9 of 253 E2 Councilmember Juenemann moved to approve the resolution for a Conditional Use Permit Amendment for a New Fire Station Building at 1530 County Road C East. Resolution 21-03-1930 CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Michael Mondor, Fire Chief for the City of Maplewood, has requested approval of a conditional use permit amendment. 1.02 The property is located at 1530 County Road C East and is legally described as: That part of Lots 33 and 34, Block 1 of AUDITORS SUBDIVISION NO. 76 as established and recorded in Ramsey County, Minnesota; being northerly of the southerly 234 feet thereof. Subject to a road easement over, under, and across the easterly 33 thereof. Section 2. Standards. 2.01 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. March 22, 2021 City Council Meeting Minutes 8 City Council Packet Page Number 10 of 253 E2 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 the conditional use permit amendment request. 1. On March 16, 2021, 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 March 22, 2021, 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: 1. All construction shall follow the approved plans, date-stamped February 4, 2021. The planning staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. Comply with the requirements of the city’s engineering department. 5. This permit fully replaces the special use permit approved on September 27, 1973. Seconded by Councilmember Knutson Ayes – All, via roll call The motion passed. March 22, 2021 City Council Meeting Minutes 9 City Council Packet Page Number 11 of 253 E2 Councilmember Juenemann moved to approve the resolution for a Design Review for Project Plans Date-Stamped February 4, 2021, for the Fire Station Building at 1530 County Road C East. Resolution 21-03-1931 DESIGN REVIEW RESOLUTION Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Michael Mondor, Fire Chief for the City of Maplewood, has requested approval of site and design plans for a new fire station project. 1.02 The property is located at 1530 County Road C East and is legally described as: That part of Lots 33 and 34, Block 1 of AUDITORS SUBDIVISION NO. 76 as established and recorded in Ramsey County, Minnesota; being northerly of the southerly 234 feet thereof. Subject to a road easement over, under, and across the easterly 33 thereof. 1.03 On February 16, 2021, 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 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. March 22, 2021 City Council Meeting Minutes 10 City Council Packet Page Number 12 of 253 E2 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 design review request. 1. On February 16, 2021, the community design review board reviewed this project and recommended that the city council approve this resolution. 2. On March 22, 2021, 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 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 and design plans date-stamped February 4, 2021. 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 February 9, 2021. 4. Meet all requirements in the environmental report, dated March 9, 2021. 5. The applicant shall obtain all required permits from the Ramsey- Washington Metro Watershed District. 6. All signs must meet the requirements of the city’s sign ordinance. Freestanding or monument signs shall be designed to be consistent with the project’s building materials and colors. 7. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. A revised site plan showing the inclusion of a sidewalk along County Road C East that also avoids the oak tree near the intersection of County Road C and Hazelwood Street. b. Submit to staff elevations for the trash enclosure. March 22, 2021 City Council Meeting Minutes 11 City Council Packet Page Number 13 of 253 E2 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 lots 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 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 eliminate the “N” signage on the building design. Seconded by Councilmember Villavicencio Ayes – All, via roll call The motion passed. 2. Montana-Nebraska Area Pavement Rehabilitation, City Project 20-08 a. Resolution Approving Plans and Specifications and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll Public Works Director Steve Love gave the staff report. Councilmember Juenemann moved to approve the resolution Approving Plans and Specifications and Advertising Bids for Montana-Nebraska Area Pavement Rehabilitation, City Project 20-08. Resolution 21-03-1932 APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS nd WHEREAS, pursuant to resolution passed by the City Council on March 22, 2021, plans and specifications for the Montana-Nebraska Area Pavement Rehabilitation, City Project 20-08, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the City Council for approval, March 22, 2021 City Council Meeting Minutes 12 City Council Packet Page Number 14 of 253 E2 nd WHEREAS, pursuant to a resolution of the City Council adopted March 22, 2021, fixed a date for a council hearing on the proposed street improvements for the Montana-Nebraska Area Pavement Rehabilitation, City Project 20-08. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications are hereby approved and ordered placed on file in the office of the City Engineer. 2. The City Clerk or office of the City Engineer shall prepare and cause to be inserted into the official paper and Finance and Commerce an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the th council at 10:00 a.m. on the 16 day of April, 2021, at City hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The City Council will consider the bids, and the award of a contract, at the regular City Council meeting of May th 10, 2021. Seconded by Councilmember Cave Ayes – All, via roll call The motion passed. Councilmember Juenemann moved to approve the resolution Ordering Preparation of Assessment Roll for Montana-Nebraska Area Pavement Rehabilitation, City Project 20- 08. Resolution 21-03-1933 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the City Clerk and City Engineer will receive bids for the Montana- Nebraska Area Pavement Rehabilitation, City Project 20-08. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the City Clerk shall, upon completion of such proposed assessment notify the City Council thereof. March 22, 2021 City Council Meeting Minutes 13 City Council Packet Page Number 15 of 253 E2 Seconded by Councilmember Cave Ayes – All, via roll call The motion passed. 3. Southcrest-Ferndale Area Pavement Rehabilitation, City Project 20-09 a. Resolution Approving Plans and Specifications and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll Public Works Director Love gave the staff report. Councilmember Knutsonmoved to approve the resolution Approving Plans and Specifications and Advertising Bids for Southcrest-Ferndale Area Pavement Rehabilitation, City Project 20-09. Resolution 21-03-1934 APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS nd WHEREAS, pursuant to resolution passed by the City Council on March 22, 2021, plans and specifications for the Southcrest-Ferndale Area Pavement Rehabilitation, City Project 20-09, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the City Council for approval, nd WHEREAS, pursuant to a resolution of the City Council adopted March 22, 2021, fixed a date for a council hearing on the proposed street improvements for the Southcrest-Ferndale Area Pavement Rehabilitation, City Project 20-09. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications are hereby approved and ordered placed on file in the office of the City Engineer. 2. The City Clerk or office of the City Engineer shall prepare and cause to be inserted into the official paper and Finance and Commerce an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at th 2:00 P.M. on the 16day of April, 2021, at City hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The City Council will consider the bids, and th the award of a contract, at the regular City Council meeting of May 10, 2021. Seconded by Councilmember Juenemann Ayes – All, via roll call March 22, 2021 City Council Meeting Minutes 14 City Council Packet Page Number 16 of 253 E2 The motion passed. Councilmember Knutson moved to approve the resolution Ordering Preparation of Assessment Roll for Southcrest-Ferndale Area Pavement Rehabilitation, City Project 20- 09. Resolution 21-03-1935 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the City Clerk and City Engineer will receive bids for the Southcrest- Ferndale Area Pavement Rehabilitation, City Project 20-09. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the City Clerk shall, upon completion of such proposed assessment notify the City Council thereof. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Each councilmember was given the opportunity to share additional thoughts. Mayor Abrams adjourned the meeting at 8:26 p.m. March 22, 2021 City Council Meeting Minutes 15 City Council Packet Page Number 17 of 253 F1a City Council Packet Page Number 18 of 253 F3 City Council Packet Page Number 19 of 253 F3 City Council Packet Page Number 20 of 253 F3, Attachment 1 City Council Packet Page Number 21 of 253 F4 CITY COUNCILSTAFF REPORT Meeting Date April 12, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, Assistant Community Development Director PRESENTER: Jeff Thomson,Community Development Director Bill Kempe, Community Design Review Board Ann Palzer, Environmental and Natural Resources Commission Mark Jenkins, Housing and Economic Development Commission Paul Arbuckle, Planning Commission AGENDA ITEM:2020 CommunityDevelopment Department Annual Report Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: City ordinance requires each of the Community Development Department staffed board and commissions submit an annual report to the City Council outlining the past year’s efforts. Recommended Action: Motion to approve the 2020 Community Development Department Annual Report. 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 SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. In order to demonstrate the coordination that occurs on projects between Community Development staff and the board and commissions, a unified annual report is produced that focuses on the major project areas from the previous year. Background Each of the four Community Development staffed board and commissions will present the Community Development Annual Report at the April 12, 2021, City Council meeting. In past years, a separate printed book the annual report was produced. Due to the pandemic and many activities City Council Packet Page Number 22 of 253 F4 being held virtually, this year’s annual report was produced electronically and is available online at www.maplewoodmn.gov/CDAnnualReport. Attachments 1. City Council Packet Page Number 23 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report 2020 Community Development Annual Report 2020 Community Development Annual Report Guiding future growth in the city while enhancing economic development and conserving natural resources April 5, 2021 Welcome City Council, Board and Commission Members and the Maplewood Community, Over the last year, the Community Development department and the City of Maplewood faced challenges that none of us could have anticipated, nor have experienced in our lifetimes. Throughout 2020 and the COVID-19 pandemic, we continued to interact, work and serve this community. Through all of https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print1/24 City Council Packet Page Number 24 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report these challenges, Community Development staff worked to continuously adjust to address new obstacles, as well as make progress towards Maplewoodès long-term goals. As Community Development moves forward into 2021, our staff is committed to continue to provide a high level of service while fostering the development and growth of Maplewood. Community Development staff continued to meet frequently as a group throughout the past year to ensure there was no drop in service during the pandemic. Community Design Review Board 2020 In Review The Community Design Review Board (CDRB) reviewed significant CDRB Members: Bill Kempe projects in 2020 that will improve (clockwise from top, center), Bruce the city's educational facilities and Thompson, Ananth Shankar, Jason also provide residents with Lamers and Matt Ledvina expanding choices for grocery shopping and dining out. ISD 622 had a major remodel of John Glenn Middle School and a new elementary school approved this last year. Menards received approval to rebuild its store ensuring this retailer continues its presence in Maplewood and HyVee is coming to town - taking over the former Rainbow Foods space. A new Raising Cane's to be built near https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print2/24 City Council Packet Page Number 25 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report the Maplewood Mall and a new apartment building near Highway 61 were two other major projects reviewed in 2020. The CDRB also reviewed comprehensive sign plans for 3M and Saint John's Hospital - two of Maplewood major employers. The CDRB met six times, with four of those meetings being held via Zoom. The CDRB reviewed 14 items in 2020 which is a slight decrease from the previous year but consistent with the number of items being reviewed annually when compared to the last several years. Projects Reviewed in 2020 Esri, Maxar, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Powered by Esri 1 New Menards Store https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print3/24 City Council Packet Page Number 26 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report January 21, 2020 and February 24, 2020 2 Saint Johnħs Hospital Comprehensive Sign Plan January 21, 2020 and February 24, 2020 3 John Glenn Middle School https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print4/24 City Council Packet Page Number 27 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report January 21, 2020 4 Maplewood Senior Living February 24, 2020 - Project no longer moving forward 5 3M Campus Comprehensive Sign Plan https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print5/24 City Council Packet Page Number 28 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report May 19, 2020 6 New Elementary School May 19, 2020 7 HyVee https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print6/24 City Council Packet Page Number 29 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report May 19, 2020 and August 18, 2020 8 Woodspring Suites https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print7/24 City Council Packet Page Number 30 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report August 18, 2020 9 New Apartment Building September 15, 2020 10 Raising Caneħs https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print8/24 City Council Packet Page Number 31 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report September 15, 2020 Looking ahead in 2021 In addition to its design review duties in 2021, the CDRB will be working to review the cityès sign code for potential amendments while working with the planning commission on reviewing design-related aspects of the zoning code for potential changes. Environmental and Natural Resources Commission 2020 In Review The Environmental and Natural ENR Members: Mollie Miller (top Resources (ENR) Commission is row, from left), Shann Finwall (staff liaison), Keith Buttleman, Ann charged with establishing Palzer, Kayla Dosser (bottom row, environmental priorities for the from left), Stephen Todey and Ted Redmond. city in partnership with the City Council. In 2020, The ENR focused its work in three areas - Ordinances, Sustainable Practices and Environmental Education. https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print9/24 City Council Packet Page Number 32 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report Ordinances Solid Waste Management In 2020 the Commission finalized their review and recommended amendments to the solid waste management (SWM) ordinance and standards. These were originally adopted by the City Council in 2011 after the City organized its residential trash hauling. Amendments were needed based on requirements in the new residential trash and recycling contracts which began January 1, 2020. In particular, the requirement that all multi-family properties be included in the Cityès residential recycling program. Previously, multi- family properties could opt out of the program if they supplied recycling through their own licensed hauler. This amendment will ensure all multi-family properties have a reliable recycling system with centralized reporting and consistent education and outreach. This will help the City better manage its solid waste and increase multi-family recycling. Mississippi River Corridor Critical Area On January 4, 2017, the State adopted new Mississippi River Corridor Critical Area (MRCCA) rules. The rules require local governments to update their MRCCA comprehensive plans and ordinances for consistency with the rules. The City updated its Fish Creek Neighborhood Preserve Overlook MRCCA comprehensive plan chapter during the 2040 Comprehensive Plan updates in 2019. In 2020, the ENR Commission began the review of the MRCCA ordinance. The ordinance will ensure the protection of natural resources https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print10/24 City Council Packet Page Number 33 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report within the Cityès MRCCA. Maplewood's MRCCA encompasses 145 acres on the southwest corner of the City, south of Carver Avenue and west of Interstate 494. Sustainable Practices One of the ENR Commissionès goals is to develop and promote the use of sustainable practices for city policies and procedures. In 2020 the ENR Commission reviewed the Cityès Environmental Purchasing Policy which was originally adopted in 2011 and was in need of updates. The policy demonstrates the Cityès commitment to buying goods, materials, services, and capital improvements in a manner that reflects Maplewoodès core values of fiscal responsibility, social equity, community, and environmental stewardship. The ENR Commission recommended additions to the policy including social equity purchasing, climate-friendly local foods, and ensuring the City defaults to the purchase of electric or hybrid vehicles unless there is a specific case why that canèt happen. Environmental Education The ENR Commission ordinance outlines that the Commission will help develop and promote educational programs, communications, and co-sponsored activities that foster the mission of the Commission, Maplewood Nature Center, and Neighborhood Preserves. Years past this was accomplished through close partnerships with the Nature Center and its naturalists. In June of this year, the Nature Center was closed due to the Covid-19 pandemic and budget constraints. This resulted in lay-offs of Nature Center staff and a loss of the Cityès main environmental education hub. A Maplewood Nature Center Task Force has been appointed by the City Council to review and make recommendations on programming, services, environmental education, and operating budgets for the Nature Center and the City as a https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print11/24 City Council Packet Page Number 34 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report whole. The ENR Commission will re-evaluate how to achieve their environmental education outreach once those recommendations have been adopted by the City Council in early 2021. Housing and Economic Development Commission In 2020, the HEDC met twice as the pandemic did have an impact on the commission's work this past year. In January 2020, the HEDC held a joint meeting with HEDC Members: Dennis Unger (top Maplewood's Economic row, left), Jeff Thomson (staff Development Authority to liaison), Joy Tkachuck (middle row, prioritize efforts for the next few left), Darryl Henchen, Mark Jenkins, Councilmember Bill Knutson years. The commission did (bottom row, left), Sarah Burdash welcome two new members this and Bao Vang year - Sarah Burdash and Bao Vang. Despite the pandemic, the HEDC, City Council, City Staff and the Saint Paul Area Chamber of Commerce (SPACC) continued its business engagement program to engage the local business community. Fifteen Maplewood businesses were visited. Of the 15 visits, a HEDC member was able to represent the commission on more than half of the visits. The findings of those visits are tabulated and presented to the City. These findings are used to better understand what City policies have assisted business development, what policies require attention, and to inform future City decisions. The HEDC has worked several years to create this program and is looking forward to continuing it into 2021. https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print12/24 City Council Packet Page Number 35 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report Prior to the start of the pandemic, the Maplewood Awards were presented at the State of the City event on January 15, 2020 honoring the following businesses and their contributions to the Maplewood business community. ípaleblueDOT - Environmental Sustainability Award íStrauss Skate & Ski - Community Contribution Award Planning Commission 2020 In Review The Planning Commission had a productive 2020, meeting nine times, with eight of those meetings being held via Zoom. The Planning Commission reviewed projects Planning Commission Members: Fred Dahm (top row, center), Paul ranging from new commercial Arbuckle, Lue Yang (middle row, developments, redevelopment of from left), Sheryl Sukolsky, Allan Ige existing sites and requests from and Tushar Desai (bottom row) - missing John Eads home owners looking to expand the use of their properties. The Planning Commission continued its work on implementing the city's vision for the North End by developing a draft zoning district which will be considered by the city council for adoption in 2021. The Planning Commission also worked to completely revamp the city's Planned Unit Development ordinance and process - this has been adopted by the city council. Over the course of 2020, the Planning Commission reviewed two variance requests and 12 conditional use permit requests. The Planning Commission took special care in reviewing these requests to ensure the spirit of the Cityès ordinances were still being applied but allowing property owners the ability to https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print13/24 City Council Packet Page Number 36 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report reasonably expand and build new housing in Maplewood.In summary, the Planning Commission reviewed 21 items, holding consistent with the trend of the past five years. Projects Reviewed in 2020 Earthstar Geographics Powered by Esri John Glenn Middle School January 21, 2020 - Conditional Use Permit Resolution Proposed Dog Day Care January 21, 2020 - Conditional Use Permit Resolution New Menards Store January 21, 2020 - Comprehensive Plan Amendment Resolution; Zoning Map Amendment Ordinance; Conditional Use Permit Amendment, Setback Variances and Shoreland î Maplewood Senior Living April 21, 2020 - Project No Longer Moving Forward - Comprehensive Plan Amendment Resolution; Planned Unit Development and Lot Division Resolution New Maplewood Elementary School May 19, 2020 - Conditional Use Permit Resolution https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print14/24 City Council Packet Page Number 37 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report HyVee Fast and Fresh May 19, 2020 - Conditional Use Permit Resolution Home-Based Cement Business with Storage of Commercial Vehicles August 18, 2020 - Home Occupation License Resolution; Conditional Use Permit Resolution Dogtopia August 18, 2020 - Conditional Use Permit Resolution Woodspring Suites August 18, 2020 - Conditional Use Permit for a Planned Unit Development Amendment Resolution Boaters Outlet Exterior Storage September 15, 2020 - Conditional Use Permit Resolution Rezone Property from R-1 to R-2 September 15, 2020 - Rezoning Resolution Vacation of Portion of Curve Street September 15, 2020 - Public Vacation Resolution Home Occupation October 20, 2020 - Conditional Use Permit and Home Occupation License Resolution Maplewood Toyota Vehicle Storage Lot October 20, 2020 - Conditional Use Permit and Setback Variance Resolution Hosanna Karen Baptist https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print15/24 City Council Packet Page Number 38 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report November 17, 2020 - Comprehensive Plan Amendment Resolution; Conditional Use Permit Resolution Looking ahead in 2021 Because Maplewood is approximately 95 percent developed with limited remaining vacant sites available, in-fill development, redevelopment and expansion have become the norm for the City.The types of projects Maplewood is likely to see will be more complex and time consuming due to redevelopment efforts made throughout Maplewood. In addition to its project review responsibilities, the Planning Commission will continue its work on leading the implementation of the North End zoning district. Transforming Maplewood Despite the challenges faced throughout our community and the world, 2020 proved to be a solid year of growth within the City of Maplewood, with $161,834,183 in total new Community Development Staff valuation permitted via more than gathering for a safe, distanced lunch 3,100 building permits. This meeting over this past summer. investment level in Maplewood continues a tradition of a steady growth pattern experienced over the last several years å permit valuations and revenue received from permits actually increased in 2020 as compared to 2019. This growth occurred while our staff and community adjusted to a new normal due to the COVID-19 pandemic, including work from home, Zoom meetings, virtual building inspections, and social distancing. https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print16/24 City Council Packet Page Number 39 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report While inconvenient at times, these challenges did not limit staffès abilities to ensure all work was getting done as needed and on time å serving our residents continued to be our first focus. Staff also led the city on several important projects in 2020. These projects include the South Maplewood å Century Avenue Redevelopment Properties planning process, Rice & Larpenteur Alliance, transit planning, implementation of a new rental licensing program, adoption of a new property maintenance code and inspection of several new developments, notably including a new HyVee grocery store and a new elementary school. New to the Department in 2020 In 2020, Community Development welcomed four new employees, providing unique challenges and opportunities of onboarding new employees during a pandemic. Randy Johnson joined Maplewood as its new building official. Randy previously worked for the City of Rochester. Samantha Drewry joined Maplewood as a new Neighborhood Preservation Officer focusing on rental licensing. Sam came to Maplewood from the City of Cottage Grove. Elizabeth Hammond is Maplewoodès newest planner, coming here from the City of Columbia Heights. Finally, Gina Kuchenmeister joined Community Development as an administrative assistant after previously serving in a similar role within the Cityès Parks and Recreation Department. Sustainability Maplewoodès comprehensive plan incorporates a sustainability approach that calls for efforts that simultaneously strengthen the environmental, economic and social dimensions of any issue. An important element of that plan is reporting on sustainability indicators. Following is a sampling of those indicators from 2020. https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print17/24 City Council Packet Page Number 40 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report GreenStep Cities As one of the first cities to sign onto the GreenStep Cities program in 2010, Maplewood has remained a leader in sustainability throughout the state.Of 140 Minnesota cities participating in the program, Maplewood is one of 20 cities that has been awarded Step 5 for measuring and making improvements on sustainability metrics years.From 2018 to 2019 the City showed improvement in the following areas: Green Team The Maplewood Green Teamès mission statement is to promote environmentally sustainable operating practices by implementing and influencing feasible approaches to reducing emissions and pollution within the city. The Green Team also serves as the steering committee for the GreenStep Cities program and is key to the GreenStep Cities success. In 2020 the Green Team completed updates to the Environmental Purchasing Policy. The policy will shift City purchasing to the procurement of goods and services that have a reduced effect on the natural environment and human health when compared to competing products and services that serve the same purpose. The policy outlines implementation strategies https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print18/24 City Council Packet Page Number 41 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report including the creation of a City operations purchasing committee that will conduct education and outreach on the policy, and offer technical assistance for department purchasers. Environmental Education Nature Center:The Nature Center's mission is to enhance awareness and understanding of land, water, and wildlife resources; to empower the community to become stewards of the environment. In June of this year, the Nature Center was closed due to the Covid-19 pandemic and budget constraints. This resulted in lay-offs of Nature Center staff and a loss of the Cityès main environmental education hub. A Maplewood Nature Center Task Force has been appointed by the City Council to review and make recommendations on programming, services, environmental education, and operating budgets for the Nature Center and the City as a whole. Environmental Newsletter å Seasons:The City publishes a quarterly environmental newsletter called Seasons. The Seasons focuses on timely environmental topics designed to educate, inspire, and promote sustainability City-wide. The 2020 Seasons spotlighted the Environmental Step Stool concept which outlines a balanced approach to environmental stewardship including environmental education, policy, and natural resource management; Pollinators by the Yard with details on the Minnesota Board of Water and Soils Resources grant to increase pollinator populations with native plantings; and Solid Waste Under Quarantine which showed changes to https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print19/24 City Council Packet Page Number 42 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report residential solid waste tonnages and habits during the Covid- 19 pandemic, and opportunities for reusing, reducing, and recycling. Climate Adaptation Planning In 2020, Maplewood began a Climate Adaptation planning process after securing a grant from the Minnesota Pollution Control Agency. The process was conducted by a 15-person planning team of community members, City Council and ENR Commission members, representatives of Ramsey County, Xcel Energy, Ramsey-Washington Metro Watershed District, and City staff. The plan was developed through a number of planning workshops from May 2020 through January 2021. In addition to the planning team effort, community engagement and outreach was conducted through the summer and fall of 2019. Outreach included one-on-one interviews and discussions with residents at the Waterfest event, Fourth of July celebration, National Night Out block parties, and other events as well as an online survey. The draft plan includes an implementation framework designed to achieve community-wide goals for climate adaptation and resilience. It is organized around a unifying framework of eight sections: 1) Health and Safety, 2) Extreme Heat and Weather, 3) Air Quality, 4) Flooding and Water Quality, 5) Greenspace and Ecosystem Health, 6) Local Food and Agriculture, 7) Climate Economy, and 8) Adaptation Capacity. Each section has over-arching strategic goals and detailed actions for implementation. The final plan will be complete after additional outreach and review by the City Council in the spring of 2021. https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print20/24 City Council Packet Page Number 43 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report Solid Waste The Cityès trash and recycling program creates operational effectiveness by protecting public health and safety and promoting City cleanliness and livability. It is also an important component of the Cityès green infrastructure å the purpose of which is to achieve a reduction in waste generated by using best management practices to protect air quality, water quality, and natural resources. New Trash and Recycling Contracts In 2020 the City began new contracts with Republic Services for single-family trash and yard waste collection and Tennis Sanitation for single and multi-family recycling. With the new contracts come changes and improvements to the Cityès solid waste program as follows: 1.Pay as You Throw (PAYT):The goal of PAYT is to increase the percentage of price increments between trash cart sizes to encourage a reduction in trash and increase in recycling. The intent is to gradually phase in increases in price increments over the term of the 5-1/2 year contract. In 2021, the City implemented its first round of PAYT rates, increasing larger cart size fees over smaller. 2.Small Business and Church Recycling:Small businesses and churches can opt into the Cityès residential recycling program. They are supplied two 95-gallon recycling carts collected once a week at the same rate as residential recycling.Additional carts are available at minimal cost. The new recycling contract also allows for the collection of recyclables from dumpsters from small businesses and churches. 3.Multi-Family Property Recycling:Multi-family properties had their recyclables collected in 95 gallon recycling carts. The new recycling contract also allows for the collection of recyclables from dumpsters for properties with 21 units or more. https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print21/24 City Council Packet Page Number 44 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report Solid Waste Collection Rental Housing Licensing In 2020, Community Development staff formally implemented the rental property licensing program for the purpose of helping to maintain housing standards and promote public safety and welfare within the community. The licensing program requires an inspection and continued property maintenance that corrects substandard conditions, maintains a standard for existing and newly constructed rental dwellings, and ensures neighborhood stability within the City. Despite the limitations and challenges of the COVID-19 pandemic, 44 multi-family properties met all the requirements to be licensed and the exterior of all properties were inspected. Staff worked to perform modified inspections to still visit properties but in a manner that keep tenants, owners, managers and inspectors safe. In 2021, staff will be focusing on licensing single family homes used as rental properties and completing interior inspections of rental units in a safe manner as allowed by the conditions of the pandemic. https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print22/24 City Council Packet Page Number 45 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report Code Enforcement Property maintenance codes exist to prevent blight, maintain a residential atmosphere and promote safe and healthful neighborhoods. Code Enforcement responds to a number of issues relating to vehicles, long grass/weeds, junk and debris, exterior storage, exterior property maintenance, home occupations, lighting, signs and other code related issues. Code enforcement complaints and abatements have stayed stable over the past few years as the number of foreclosed and vacant properties has decreased. Code enforcement has experienced a small increase in minor offenses. City staff is not currently seeing the large full yard or abandoned home issues of the past. Staff has seen a significant growth in the number of unlicensed vehicles stored at properties in Maplewood. Staff has also experienced a growing number of trash and hoarder houses. Staff expects to see a rising number of these in the future, as residents become more aware of this issue. In 2020, the City Council adopted the International Property Maintenance Code, providing updated and consistent standards for all properties throughout Maplewood. https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print23/24 City Council Packet Page Number 46 of 253 F4, Attachment 1 4/7/20212020 Community Development Annual Report Powered by ArcGIS StoryMaps https://storymaps.arcgis.com/stories/796574545fd64960b355b2364a836927/print24/24 City Council Packet Page Number 47 of 253 F5 CITY COUNCIL STAFF REPORT Meeting Date April 12, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Scott Nadeau, Public Safety Director PRESENTER:Scott Nadeau, Public Safety Director AGENDA ITEM: Public Safety Department 2020 Annual Report Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The Maplewood Public Safety Department will present to the City Council its 2020 Annual Report. Recommended Action: No recommended action, but staff seeks council feedback. 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 SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The efforts of the public safety department align with the city’s strategic priority of operational effectiveness. Background During 2020, the police and fire departments were impacted by COVID-19 as well as civil unrest. The annual report details the goals, challenges, successes, and activities of our public safety department throughout the year. Attachments 1.PowerPoint Presentation City Council Packet Page Number 48 of 253 City Council Packet F5, Attachment 1 Maplewood Public Safety Department Page www.maplewoodmn.gov Number 49 of 253 City Council Packet Page Number 2020 Year In Review & 50 of Annual Report 253 F5, Attachment 1 2020 was a challenging Year COVID-19 Pandemic ¤Adjusting to best practices ¤Securing PPE ¤Adjusting schedules/working from home ¤Assisting residents, keeping them safe City Council Packet F5, Attachment 1 Page Number 51 of 253 City Council Packet Page Number 2020 Was a Challenging Year 52 of 253 Social Unrest/Crime: ¤Public attitudes about policing ¤Public disorder/vandalism ¤Increases in property crime in nd 2half of the year F5, Attachment 1 Meeting the Challenge ¤Quickly adjusted to new protocols ¤Using creativity to carry out strategic plans ¤Community Outreach continued ¤Continued diversity and City inclusivity priorities Council Packet F5, Attachment 1 Page Number 53 of 253 City Council Packet Page Number Department-specific strategic plans 54 of 253 ¤Incorporate feedback from staff/stakeholders ¤Clear objectives, priorities, goals and responsibilities ¤More intentional, transparent, and accountable planning F5, Attachment 1 Multicultural Advisory Committee ¤Building on UOF Task Force and Police Advisory Commission ¤14 members, diverse backgrounds ¤Valuable input on policy, operations, training, strategic planning, and hiring City Council Packet F5, Attachment 1 Page Number 55 of 253 City Council Packet Page Number US DOJ Community Policing Coordinator 56 of Grant 253 ¤Building relationships with community, groups, mental health professionals ¤Problem solving, working towards increased safety in our rental communities F5, Attachment 1 Community Outreach Continues ¤BBBS Goes Virtual City Council Packet F5, Attachment 1 Page Number 57 of 253 City Council Packet Page Number Community Outreach Continues 58 of 253 F5, Attachment 1 Community Outreach Continues City Council Packet F5, Attachment 1 Page Number 59 of 253 City Council Packet Page Number Community Outreach Continues 60 of 253 F5, Attachment 1 Recruitment and Hiring ¤Raising bar to recruit and retain best applicants ¤5 new officers; 2 new CSOÔs ¤5 of 7 non-traditional hires City Council Packet F5, Attachment 1 Page Number 61 of 253 City Council Packet Page Number Recruitment and Hiring 62 of 253 ¤Fire increases recruiting and launches Cadet Program ¤3 new hires, 2 Cadets who became Firefighters F5, Attachment 1 Chief Steve LukinRetires City Council Packet F5, Attachment 1 Page Number 63 of 253 City Council Packet Page Number SPACC Award for outreach and an innovative, committed 64 approach to diversity hiring. of 253 F5, Attachment 1 Recognizing Public Safety Staff Dozens of awards, citations and commendations for: ¤Lifesaving/Medical Response ¤Peacefully resolving dangerous calls ¤Excellence in training and work performance City Council Packet F5, Attachment 1 Page Number 65 of 253 City Council Packet Page Number Another Year of Problem Solving 66 of Auto theft/Theft from Auto 253 Mental Health Outreach ¤Grant position ¤Continued to develop capacity ¤12% increase in charging ¤Social worker added in 2021 ¤22% Auto Theft Reduction ¤Support those with mental health, homelessness, and crisis situations more effectively F5, Attachment 1 Employee Wellness ¤Prioritizing physical wellness ¤Expanding mental and physical wellness education ¤Expanding resources and providers st for 1Responder Mental Health ¤One of the first cities prioritize this City Council Packet F5, Attachment 1 Page Number 67 of 253 City Council Packet Page Number ÑNext Level TransparencyÒ 68 of ¤Arrests/Stops by demographic, with context 253 ¤Use of Force with demographics, with context ¤Prevalence and impacts of mental illness in police contacts ¤*New* internal investigation outlined in detail with conclusion F5, Attachment 1 New North Fire Station ¤Several milestones achieved ¤Architect, construction manager hired ¤Health and wellness included in design City Council Packet F5, Attachment 1 Page Number 69 of 253 City Council Packet Page Number 70 Questions? of 253 F5, Attachment 1 F6 City Council Packet Page Number 71 of 253 F6 City Council Packet Page Number 72 of 253 G1 MEMORANDUM TO:Melinda Coleman, City Manager FROM:Ellen Paulseth, Finance Director April 12, 2021 DATE: 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: $ Checks #107257 thru #107279523,238.25 dated 3/23/21 $ Disbursements via debits to checking account651,173.87 dated 03/15/21 thru 03/19/21 $ Checks #107280 thru #107304432,651.96 dated 3/30/21 $ 437,767.78Disbursements via debits to checking account dated 03/22/21 thru 03/26/21 $ 145,946.11Checks #107305 thru #107322 dated 4/6/21 $ 1,886,641.31Disbursements via debits to checking account dated 03/29/21 thru 04/02/21 $ 4,077,419.28Total Accounts Payable PAYROLL $ 590,559.17Payroll Checks and Direct Deposits dated 03/19/21 $ Payroll Deduction check # 99104514 thru # 991045162,331.40 dated 03/19/21 $ 594,068.09Payroll Checks and Direct Deposits dated 04/02/21 $ Payroll Deduction check # 99104530 thru # 991045311,617.60 dated 04/02/21 $ 1,188,576.26Total Payroll $ 5,265,995.54GRAND 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 City Council Packet Page Number 73 of 253 G1, Attachments Check Register City of Maplewood 03/17/2021 CheckDateVendorDescriptionAmount 10725705114PROJ 16-25 STERLING ST BRIDGE26,022.5003/23/2021BOLTON & MENK, INC. 03/23/2021BOLTON & MENK, INC.05114PROJ 21-02 MCMENEMY STREET PROJ483.50 10725805598PROSECUTION SERVICES - FEBRUARY16,250.0003/23/2021KELLY & LEMMONS, P.A. 10725902728PROJ 21-09 MAPLE HILLS FORCE MAIN1,036.1503/23/2021KIMLEY-HORN & ASSOCIATES INC 10726000985WASTEWATER - APRIL303,460.5303/23/2021METROPOLITAN COUNCIL 10726101202MAPLEWOOD LIVING - MARCH7,402.4503/23/2021NYSTROM PUBLISHING CO INC 10726201337911 DISPATCH SERVICES - FEBRUARY38,891.4503/23/2021RAMSEY COUNTY-PROP REC & REV 03/23/2021RAMSEY COUNTY-PROP REC & REV01337CAD SERVICES - FEBRUARY5,327.37 03/23/2021RAMSEY COUNTY-PROP REC & REV01337FLEET SUPPORT FEES - FEBRUARY720.72 10726304845RECYCLING FEE - FEBRUARY62,538.3603/23/2021TENNIS SANITATION LLC 10726401819LOCAL PHONE SERVICE 02/15 - 03/14597.2903/23/2021WINDSTREAM 10726501190ELECTRIC & GAS UTILITY6,090.7903/23/2021XCEL ENERGY 03/23/2021XCEL ENERGY01190ELECTRIC & GAS UTILITY3,302.40 03/23/2021XCEL ENERGY01190ELECTRIC & GAS UTILITY445.86 03/23/2021XCEL ENERGY01190FIRE SIRENS51.57 10726606233FINAL REIMB-REPLACE DRIVEWAY WORK16,500.0003/18/2021DAVID & KATHLEEN KORNMANN 10726701182PROJ 19-18 HVAC UPGRADES 1902 FINAL5,358.0503/18/2021NORTHERN AIR CORP 10726805948INTRANET ASSISTANCE75.0003/23/2021BLUE NET, INC. 10726902137ATTORNEY FEES - CABLE MATTERS-FEB87.5003/23/2021KENNEDY & GRAVEN CHARTERED 10727006115DESIGN UPDATES-SOLID WASTE GUIDE162.5003/23/2021KINCAID-BURROWS 10727100532HR LEGAL FEE LABOR REL - FEB48.0003/23/2021MADDEN GALANTER HANSEN, LLP 10727201175MONTHLY UTILITIES - FEBRUARY3,113.9003/23/2021CITY OF NORTH ST PAUL 10727305356PRODUCTION SERVICES - JANUARY1,266.0003/23/2021NORTH SUBURBAN ACCESS CORP 10727405918PONDS AT BATTLE CREEK PLAN10,018.1003/23/2021PERKINS + WILL INC. 10727504112INSTALL RADIO - NEW TRUCK UNIT 537724.7603/23/2021PROFESSIONAL WIRELESS COMM 03/23/2021PROFESSIONAL WIRELESS COMM04112ACCESSORY PLUG, IGNITION SENSE-25.00 10727605879DEER REMOVAL - FEBRUARY119.0003/23/2021ROADKILL ANIMAL CONTROL 10727702001PHONE & IT SUPPORT SRVS - MARCH5,750.5003/23/2021CITY OF ROSEVILLE 10727802702ADD'L LOCKERS - WOMEN'S PD7,389.0003/23/2021TIFFIN METAL PRODUCTS 10727901645MNDOT COMMERCIAL APPLICATION LIC30.0003/23/2021STATE OF MINNESOTA TREASURER 523,238.25 23Checks in this report. City Council Packet Page Number 74 of 253 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 3/15/2021MN State TreasurerDrivers License/Deputy Registrar92,012.51 3/15/2021Delta DentalDental Premium4,875.81 3/16/2021MN State TreasurerDrivers License/Deputy Registrar38,893.37 3/17/2021MN State TreasurerDrivers License/Deputy Registrar20,823.93 3/18/2021MN State TreasurerDrivers License/Deputy Registrar100,144.21 3/19/2021MN State TreasurerDrivers License/Deputy Registrar55,209.81 3/19/2021MN Dept of Natural ResourcesDNR electronic licenses425.20 3/19/2021US Bank VISA One Card*Purchasing card items63,674.36 3/19/2021MN Dept of RevenueSales Tax717.00 3/19/2021MN Dept of RevenueFuel Tax450.59 3/19/2021Optum HealthDCRP & Flex plan payments1,415.48 3/19/2021U.S. TreasurerFederal Payroll Tax104,248.19 3/19/2021P.E.R.A.P.E.R.A.130,123.98 3/19/2021ICMA (Vantagepointe)Deferred Compensation8,550.00 3/19/2021Labor UnionsUnion Dues3,736.92 3/19/2021MN State TreasurerState Payroll Tax24,132.51 3/19/2021ICMA (Vantagepointe)Retiree Health Savings1,740.00 651,173.87 *Detailed listing of VISA purchases is attached. City Council Packet Page Number 75 of 253 G1, Attachments Transaction Transaction DatePosting DateMerchant NameAmountName VIKING INDUSTRIAL CENTERDAVE ADAMS 03/10/202103/12/2021$108.21 SPSWORKSREGAN BEGGS 02/26/202103/01/2021$27.15 USPCABRIAN BIERDEMAN 03/01/202103/03/2021$50.00 AMZN MKTP US*842MM54Z3BRIAN BIERDEMAN 03/03/202103/04/2021$9.16 AMZN MKTP US*6W0MR4CO3BRIAN BIERDEMAN 03/03/202103/04/2021$15.25 AMAZON.COM*B71D43OI3BRIAN BIERDEMAN 03/03/202103/04/2021$16.66 ACCO BRANDS DIRECTBRIAN BIERDEMAN 03/10/202103/11/2021$332.85 MINNESOTA CHIEFS OF POLICBRIAN BIERDEMAN 03/11/202103/12/2021$510.00 AMZN MKTP US*QC1AP2TC3BRIAN BIERDEMAN 03/11/202103/12/2021$27.99 OFFICE DEPOT #1090NEIL BRENEMAN 03/01/202103/03/2021$205.53 COSTCO WHSE #1021EMILY BURT-MCGREGOR 03/04/202103/05/2021$12.87 STARBUCKS STORE 57157EMILY BURT-MCGREGOR 03/06/202103/08/2021$57.82 AN FORD WHITE BEAR LAKDANIEL BUSACK 03/02/202103/04/2021$129.97 AN FORD WHITE BEAR LAKDANIEL BUSACK 03/02/202103/04/2021$99.95 MINNESOTA CHIEFS OF POLICDANIEL BUSACK 03/11/202103/12/2021$510.00 OVERHEAD DOOR COMPANY OFSCOTT CHRISTENSON 03/10/202103/11/2021$300.00 MENARDS OAKDALE MNSHAWN CONWAY 03/03/202103/05/2021$1,078.50 BTS*DETECTOR ELECTRONICSSHAWN CONWAY 03/05/202103/08/2021$703.84 FBI LEEDA INCKERRY CROTTY 03/01/202103/02/2021$50.00 GALLSKERRY CROTTY 03/03/202103/04/2021$4,963.28 MAVERICKLABEL.COMTHOMAS DABRUZZI 03/05/202103/08/2021$576.31 THE HOME DEPOT #2801RICHARD DAWSON 03/01/202103/03/2021$44.66 ORIGINAL MATTRESSRICHARD DAWSON 03/03/202103/04/2021$379.00 CORT FURNITURE RENTALRICHARD DAWSON 03/09/202103/10/2021$805.64 COMO PARK ANIMAL HOSPIJOSEPH DEMULLING 03/04/202103/08/2021$444.67 BCA TRAINING EDUCATIONMICHAEL DUGAS 02/24/202103/02/2021($25.00) IN *FOX LABS INTERNATIONAMICHAEL DUGAS 03/05/202103/08/2021$553.91 THOMSON WEST*TCDCASSIE FISHER 02/26/202103/01/2021$611.10 PAYPAL *MINNESOTAASCASSIE FISHER 03/01/202103/02/2021$25.00 CINTAS CORPCASSIE FISHER 03/04/202103/05/2021$62.49 LANGUAGE LINECASSIE FISHER 03/08/202103/09/2021$339.47 CINTAS CORPCASSIE FISHER 03/11/202103/12/2021$49.99 BEST BUY MHT 00000109MYCHAL FOWLDS 02/26/202103/01/2021($193.26) WEB*NETWORKSOLUTIONSMYCHAL FOWLDS 03/03/202103/04/2021$5.99 VZWRLSS*APOCC VISBMYCHAL FOWLDS 03/06/202103/08/2021$8,951.39 AT&T*BILL PAYMENTMYCHAL FOWLDS 03/10/202103/11/2021$31.25 AMZN MKTP US*CW4H68KW3NICK FRANZEN 03/02/202103/03/2021$33.98 AMZN MKTP US*4S7K15Q63NICK FRANZEN 03/02/202103/03/2021$182.87 AMAZON.COM*JR11R5T93 AMZNNICK FRANZEN 03/03/202103/04/2021$80.96 AMAZON.COM*TH1X92JS3NICK FRANZEN 03/11/202103/12/2021$10.49 MINNESOTA COUNTY ATTORNEYDEREK FRITZE 03/01/202103/02/2021$191.50 AMZN MKTP US*Y10EU8AP3ALEX GERONSIN 03/01/202103/02/2021$170.00 THE HOME DEPOT #2801MARK HAAG 02/25/202103/01/2021$74.37 MENARDS OAKDALE MNTAMARA HAYS 02/25/202103/01/2021$82.61 NORTHERN TOOL+EQUIPTAMARA HAYS 02/25/202103/01/2021$44.99 THE HOME DEPOT #2801TAMARA HAYS 02/26/202103/01/2021$27.69 THE HOME DEPOT #2801TAMARA HAYS 02/26/202103/01/2021$42.21 THE HOME DEPOT 2801GARY HINNENKAMP 03/10/202103/12/2021$206.65 DALCO ENTERPRISESDAVID JAHN 02/26/202103/01/2021$251.17 DALCO ENTERPRISESDAVID JAHN 03/03/202103/04/2021$11.00 BATTERIES PLUS - #0031JOE JENSEN 02/26/202103/01/2021$79.44 SHRED-IT USA LLCLOIS KNUTSON 03/04/202103/05/2021$68.04 BLUERIBBON BAIT& TACKLEERIC KUBAT 02/28/202103/01/2021$18.00 BLUERIBBON BAIT& TACKLEERIC KUBAT 03/10/202103/11/2021$53.99 City Council Packet Page Number 76 of 253 G1, Attachments PEAVEY CORP.JASON KUCHENMEISTER 03/01/202103/02/2021$83.95 IN *ARROWHEAD SCIENTIFICJASON KUCHENMEISTER 03/08/202103/09/2021$365.35 STICKY BUSINESS INCCHING LO 03/04/202103/05/2021$292.91 TCC*CARDSDIRECTCHING LO 03/11/202103/12/2021$285.76 AIRGAS USA, LLCMICHAEL MONDOR 03/01/202103/02/2021$64.84 AIRGAS USA, LLCMICHAEL MONDOR 03/01/202103/02/2021$85.74 ASPEN MILLSMICHAEL MONDOR 03/05/202103/08/2021$239.95 CINTAS CORPBRYAN NAGEL 02/23/202103/01/2021($135.00) CINTAS CORPBRYAN NAGEL 03/03/202103/04/2021$90.37 CINTAS CORPBRYAN NAGEL 03/03/202103/04/2021$38.62 CINTAS CORPBRYAN NAGEL 03/03/202103/04/2021$91.30 CINTAS CORPBRYAN NAGEL 03/03/202103/04/2021$55.42 CINTAS CORPBRYAN NAGEL 03/03/202103/04/2021$24.27 CINTAS CORPBRYAN NAGEL 03/10/202103/11/2021$24.27 CINTAS CORPBRYAN NAGEL 03/10/202103/11/2021$22.54 CINTAS CORPBRYAN NAGEL 03/10/202103/11/2021$117.86 CINTAS CORPBRYAN NAGEL 03/10/202103/11/2021$109.57 CINTAS CORPBRYAN NAGEL 03/10/202103/11/2021$39.10 CINTAS CORPBRYAN NAGEL 03/11/202103/12/2021$73.95 MENARDS OAKDALE MNJOHN NAUGHTON 02/26/202103/01/2021$29.96 MENARDS OAKDALE MNJOHN NAUGHTON 03/02/202103/04/2021$65.97 THE HOME DEPOT #2801JOHN NAUGHTON 03/02/202103/04/2021$150.78 MENARDS OAKDALE MNJOHN NAUGHTON 03/03/202103/05/2021$14.23 THE HOME DEPOT #2801JOHN NAUGHTON 03/04/202103/08/2021($21.15) THE HOME DEPOT #2801JOHN NAUGHTON 03/04/202103/08/2021$16.80 MENARDS WEST ST PAUL MNJOHN NAUGHTON 03/08/202103/10/2021$71.76 THE HOME DEPOT #2810JOHN NAUGHTON 03/10/202103/12/2021($135.88) THE HOME DEPOT #2810JOHN NAUGHTON 03/10/202103/12/2021$150.56 THE HOME DEPOT #2810JOHN NAUGHTON 03/10/202103/12/2021$110.91 MENARDS MAPLEWOOD MNKEN NIELSEN 03/08/202103/10/2021$39.96 GALLSMICHAEL NYE 02/26/202103/01/2021$236.19 AMZN MKTP US*219SK8F33MICHAEL NYE 02/26/202103/01/2021$75.99 AMZN MKTP US*C56QY8FT3MICHAEL NYE 02/26/202103/01/2021$24.03 AMZN MKTP US*4X3ZE98Z3MICHAEL NYE 02/27/202103/01/2021$37.47 AMZN MKTP US*Y37GP7PW3MICHAEL NYE 02/27/202103/01/2021$269.12 AMAZON.COM*B946E2673MICHAEL NYE 02/27/202103/01/2021$13.98 GALLSMICHAEL NYE 03/02/202103/03/2021$469.22 GALLSMICHAEL NYE 03/04/202103/05/2021$91.06 GALLSMICHAEL NYE 03/05/202103/08/2021$152.97 GALLSMICHAEL NYE 03/05/202103/08/2021$157.47 AXONMICHAEL NYE 03/07/202103/09/2021$199.00 GALLSMICHAEL NYE 03/08/202103/09/2021$108.20 AMAZON.COM*GQ10F4N03MICHAEL NYE 03/08/202103/09/2021$80.53 5.11, INC.MICHAEL NYE 03/09/202103/10/2021$149.98 AMZN MKTP US*1E9L161K3MICHAEL NYE 03/09/202103/10/2021$231.49 GOVERNMENT FINANCE OFFICELLEN PAULSETH 02/26/202103/01/2021$420.00 BOUND TREE MEDICAL LLCKENNETH POWERS 03/05/202103/08/2021$872.17 LIFE ASSIST INCKENNETH POWERS 03/05/202103/08/2021$688.80 BOUND TREE MEDICAL LLCKENNETH POWERS 03/08/202103/10/2021$560.44 AN FORD WHITE BEAR LAKSTEVEN PRIEM 02/26/202103/01/2021$3,481.94 WHEELCOSTEVEN PRIEM 03/01/202103/02/2021$51.28 BOYER FORD TRUCKSSTEVEN PRIEM 03/01/202103/03/2021$109.45 ZAHL PMCSTEVEN PRIEM 03/01/202103/03/2021$111.55 ADVANCE AUTO PARTS #7376STEVEN PRIEM 03/02/202103/03/2021$65.03 0391-AUTOPLUSSTEVEN PRIEM 03/02/202103/03/2021$427.54 CASEYS LITCHFIELDSTEVEN PRIEM 03/02/202103/04/2021$76.00 City Council Packet Page Number 77 of 253 G1, Attachments MACQUEEN EQUIPMENT GROUPSTEVEN PRIEM 03/03/202103/04/2021$954.44 AN FORD WHITE BEAR LAKSTEVEN PRIEM 03/04/202103/08/2021$442.60 EMERGENCY AUTOMOTIVE TESTEVEN PRIEM 03/08/202103/09/2021$151.98 METRO PRODUCTS INCSTEVEN PRIEM 03/08/202103/10/2021$198.99 MINNESOTA TRUCKING ASSOCISTEVEN PRIEM 03/08/202103/10/2021$100.00 WALSER POLAR CHEVROLETSTEVEN PRIEM 03/11/202103/12/2021$26.35 AMZN MKTP US*PX3PV3VD3 AMMICHAEL RENNER 02/28/202103/01/2021$109.99 AMZN MKTP US*RT7DN4TN3 AMMICHAEL RENNER 03/03/202103/04/2021$52.00 AMZN MKTP US*EV67S55S3MICHAEL RENNER 03/03/202103/05/2021$41.98 AMZN MKTP US*214IB39Z3MICHAEL RENNER 03/05/202103/08/2021$107.00 AMZN MKTP US*LF6EF2583MICHAEL RENNER 03/09/202103/10/2021$43.96 AMZN MKTP US*QJ7ZN4K83MICHAEL RENNER 03/09/202103/10/2021$43.99 AMZN MKTP US*MC4E68053MICHAEL RENNER 03/12/202103/12/2021$99.96 AMZN MKTP US*T21J61343AUDRA ROBBINS 03/08/202103/09/2021$30.55 CINTAS CORPAUDRA ROBBINS 03/10/202103/11/2021$66.81 THE HOME DEPOT #2801ROBERT RUNNING 03/01/202103/03/2021$18.93 ALLIANCE FOR INNOVATIONMIKE SABLE 02/26/202103/01/2021$199.00 OFFICE DEPOT #1090STEPHANIE SHEA 02/26/202103/01/2021$144.60 ALLIANCE FOR INNOVATIONJOE SHEERAN 03/01/202103/02/2021$199.00 MAGCONLINE.ORGJOE SHEERAN 03/08/202103/09/2021$340.00 MAGCONLINE.ORGJOE SHEERAN 03/09/202103/10/2021($20.00) PIONEER PRESS CIRCJOE SHEERAN 03/09/202103/10/2021$0.99 SUBURBAN AUTO BODYMICHAEL SHORTREED 02/26/202103/01/2021$2,323.50 EMERGENCY AUTOMOTIVE TEMICHAEL SHORTREED 03/02/202103/03/2021$300.00 EMERGENCY AUTOMOTIVE TEMICHAEL SHORTREED 03/02/202103/03/2021$300.00 GRAFIX SHOPPEMICHAEL SHORTREED 03/02/202103/03/2021$4,494.00 GRAFIX SHOPPEMICHAEL SHORTREED 03/02/202103/03/2021$30.00 FOREST PRODUCTS SUPPLYMICHAEL SHORTREED 03/02/202103/03/2021$4,525.00 EMERGENCY AUTOMOTIVE TEMICHAEL SHORTREED 03/05/202103/08/2021$2,359.30 SUBURBAN AUTO BODYMICHAEL SHORTREED 03/10/202103/12/2021$5,825.53 MINNESOTA CHIEFS OF POLICMICHAEL SHORTREED 03/11/202103/12/2021$510.00 GRAFIX SHOPPEMICHAEL SHORTREED 03/11/202103/12/2021$827.00 GRAFIX SHOPPEMICHAEL SHORTREED 03/11/202103/12/2021$25.00 INTERNATIONAL INSTITUTE OANDREA SINDT 03/02/202103/03/2021$215.00 MINNESOTA CHIEFS OF POLICJOSEPH STEINER 03/11/202103/12/2021$510.00 AIR DOWN THERE SCUBAJOSEPH STEINER 03/11/202103/12/2021$8.00 BCA TRAINING EDUCATIONPAUL THIENES 03/03/202103/04/2021$75.00 MENARDS MAPLEWOOD MNJEFF WILBER 02/26/202103/01/2021$30.51 NORTHERN TOOL+EQUIPJEFF WILBER 03/02/202103/04/2021$69.78 NORTHERN TOOL+EQUIPJEFF WILBER 03/10/202103/12/2021$338.22 BOUND TREE MEDICAL LLCERIC ZAPPA 02/26/202103/01/2021$48.29 BOUND TREE MEDICAL LLCERIC ZAPPA 03/04/202103/08/2021$104.50 BOUND TREE MEDICAL LLCERIC ZAPPA 03/04/202103/08/2021$104.50 LIFE ASSIST INCERIC ZAPPA 03/08/202103/09/2021$32.73 BOUND TREE MEDICAL LLCERIC ZAPPA 03/08/202103/10/2021$737.21 BOUND TREE MEDICAL LLCERIC ZAPPA 03/08/202103/10/2021$204.50 BOUND TREE MEDICAL LLCERIC ZAPPA 03/08/202103/10/2021$204.50 BOUND TREE MEDICAL LLCERIC ZAPPA 03/08/202103/10/2021$204.50 LIFE ASSIST INCERIC ZAPPA 03/09/202103/10/2021$175.00 LIFE ASSIST INCERIC ZAPPA 03/09/202103/10/2021$87.50 LIFE ASSIST INCERIC ZAPPA 03/09/202103/10/2021$175.00 LIFE ASSIST INCERIC ZAPPA 03/10/202103/11/2021$175.00 LIFE ASSIST INCERIC ZAPPA 03/11/202103/12/2021$175.00 $63,674.36 City Council Packet Page Number 78 of 253 G1, Attachments Check Register City of Maplewood 03/25/2021 CheckDateVendorDescriptionAmount 10728000211MOISTURE INTRUSION ASSES - 1902 ENG2,035.0003/30/2021BRAUN INTERTEC CORP. 10728100687TREE REMOVAL-OPEN SPACE/PRESERVE5,950.0003/30/2021HUGO'S TREE CARE INC 10728206084MONTHLY PREMIUM - MARCH8,836.6003/30/2021LINCOLN FINANCIAL GROUP 10728301202RESIDENTIAL SOLID WASTE GUIDE 20214,327.8103/30/2021NYSTROM PUBLISHING CO INC 10728405013WINTER HVAC MAINT-PUBLIC WORKS1,066.9503/30/2021YALE MECHANICAL LLC 03/30/2021YALE MECHANICAL LLC05013WINTER HVAC MAINT - CITY HALL804.95 03/30/2021YALE MECHANICAL LLC05013WINTER HVAC MAINT - SOUTH FS542.95 03/30/2021YALE MECHANICAL LLC05013REPAIRS - NORTH FS #3396.45 03/30/2021YALE MECHANICAL LLC05013WINTER HVAC MAINT-NORTH FS #3280.95 03/30/2021YALE MECHANICAL LLC05013WINTER HVAC MAINT-PARK MAINT280.95 03/30/2021YALE MECHANICAL LLC05013WINTER HVAC MAINT - CENTRAL FS280.95 10728501047MATERIALS FOR PARK RULES SIGNS1,521.0003/30/20213M 03/30/20213M01047MATERIALS FOR PARK RULES SIGNS306.00 10728604848MONTHLY PREMIUM - APRIL445.0103/30/2021AVESIS 107287057752021 DODGE CHARGER 532627,879.0803/30/2021DODGE OF BURNSVILLE INC. 10728803529PROJ 21-05 SALT SHED RE-ROOF25,900.0003/30/2021GREYSTONE CONSTRUCTION CO 10728903330ZONING ORDINANCE UPDATE2,892.5003/30/2021HOISINGTON KOEGLER GROUP INC 10729000244CABLE RUNS-PROPERTY RM/1902 GARAG03/30/2021LINE 1 PARTNERS, INCE799.50 10729103818MONTHLY PREMIUM - APRIL171,591.0503/30/2021MEDICA 10729201126MONTHLY PREMIUM - APRIL528.0003/30/2021NCPERS GROUP LIFE INS. MN 10729306133NOWAITINSIDE SERVICE953.3503/30/2021NO WAIT INSIDE, LLC 10729406033LOCATE FLAGS155.0003/30/2021NORTHWEST LASERS & INSTRUMENTS 10729505121TRASH CARTS - SOLID WASTE PROG26,695.7803/30/2021OTTO ENVIRONMENTAL SYS NA INC 03/30/2021PROMOTIONAL MARKETING SERVICES 10729606029DEPOSIT-PROMOTIONAL SOCCER BALLS3,255.00 10729705667LED RETROFIT - PD OFFICES3,250.0003/30/2021PROTEK LIGHTING SOLUTIONS LLC 03/30/2021PROTEK LIGHTING SOLUTIONS LLC05667LED RETROFIT - PW GARAGE2,810.56 10729802001RICE LARPENTEUR ALLIANCE-FUNDING10,000.0003/30/2021CITY OF ROSEVILLE 10729904256CISCO AIRONET AP FOR 1902697.0003/30/2021SHI INTERNATIONAL CORP 03/30/2021SHI INTERNATIONAL CORP04256CISCO AIRONET AP FOR 1902246.00 03/30/2021SHI INTERNATIONAL CORP04256CISCO AIRONET AP FOR 190254.00 10730004207MAINT/REPAIR STRETCHER/C MONITORS1,973.6003/30/2021STRYKER SALES CORP. 03/30/2021STRYKER SALES CORP.04207COMMUNITY PARAMEDIC SOFTWARE-APR882.00 03/30/2021STRYKER SALES CORP. 04207COMMUNITY PARAMEDIC SOFTWARE-2020882.00 03/30/2021STRYKER SALES CORP.04207MAINT/REPAIR STRETCHER/C MONITORS724.05 03/30/2021STRYKER SALES CORP.04207MAINT/REPAIR STRETCHER/C MONITORS585.02 03/30/2021STRYKER SALES CORP.04207MAINT/REPAIR STRETCHER/C MONITORS493.63 03/30/2021STRYKER SALES CORP.04207MAINT/REPAIR STRETCHER/C MONITORS350.22 03/30/2021STRYKER SALES CORP.04207MAINT/REPAIR STRETCHER/C MONITORS315.48 03/30/2021STRYKER SALES CORP.04207MAINT/REPAIR STRETCHER/C MONITORS249.00 03/30/2021STRYKER SALES CORP.04207MAINT/REPAIR STRETCHER/C MONITORS129.00 03/30/2021STRYKER SALES CORP.04207MAINT/REPAIR STRETCHER/C MONITORS129.00 03/30/2021STRYKER SALES CORP. 04207MAINT/REPAIR STRETCHER/C MONITORS129.00 03/30/2021STRYKER SALES CORP.04207MAINT/REPAIR STRETCHER/C MONITORS129.00 03/30/2021STRYKER SALES CORP.04207MAINT/REPAIR STRETCHER/C MONITORS129.00 10730105528CONTRACT 7950665-013215.9603/30/2021TOSHIBA FINANCIAL SERVICES (2) 10730205663PRE-EMPOLYMENT CREDIT CK SRVS60.0003/30/2021TRANS UNION LLC 10730306123PROJ 19-22 CO RD B & ARCADE PMT#980,726.5703/30/2021VALLEY PAVING, INC. 10730405936PROJ 18-04 WAKEFIELD PARK RETAINAGE39,767.0403/30/2021VERSACON, INC. 432,651.96 25Checks in this report. City Council Packet Page Number 79 of 253 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 3/22/2021MN State TreasurerDrivers License/Deputy Registrar95,979.47 3/22/2021Delta DentalDental Premium4,672.06 3/22/2021Empower - State PlanDeferred Compensation26,944.00 3/22/2021MidAmericaHRA Flex Plan - AUL21,175.23 3/23/2021Delta DentalDental Premium930.00 3/23/2021MN State TreasurerDrivers License/Deputy Registrar55,693.65 3/24/2021MN State TreasurerDrivers License/Deputy Registrar75,475.89 3/25/2021MN State TreasurerDrivers License/Deputy Registrar130,304.18 3/26/2021MN Dept of Natural ResourcesDNR electronic licenses703.10 3/26/2021MN State TreasurerDrivers License/Deputy Registrar25,825.20 3/26/2021Optum HealthDCRP & Flex plan payments65.00 437,767.78 City Council Packet Page Number 80 of 253 G1, Attachments Check Register City of Maplewood 04/01/2021 CheckDateVendorDescriptionAmount 10730506080SMT RETREAT LUNCHEON147.6003/26/2021FRANCESCA STIRPE 10730605114PROJ 19-22 CO RD B & ARCADE7,349.0004/06/2021BOLTON & MENK, INC. 10730705353CONTRACT GASOLINE - MARCH8,948.4704/06/2021MANSFIELD OIL CO 04/06/2021MANSFIELD OIL CO05353CONTRACT DIESEL - MARCH4,095.70 04/06/2021MANSFIELD OIL CO05353CONTRACT DIESEL - MARCH1,755.40 10730801190ELECTRIC UTILITY11,685.1104/06/2021XCEL ENERGY 04/06/2021XCEL ENERGY01190ELECTRIC & GAS UTILITY5,380.96 04/06/2021XCEL ENERGY01190ELECTRIC UTILITY504.13 04/06/2021XCEL ENERGY01190GAS UTILITY221.37 04/06/2021XCEL ENERGY01190GAS UTILITY119.73 04/06/2021XCEL ENERGY01190ELECTRIC UTILITY17.79 10730902624TREATED ROAD SALT15,175.8204/06/2021CARGILL INCORPORATED 04/06/2021CARGILL INCORPORATED02624TREATED ROAD SALT6,344.87 04/06/2021CARGILL INCORPORATED02624TREATED ROAD SALT4,231.08 10731006030FLOORING INSTALL PD TRAIN RM #3145,325.0004/06/2021CENTENNIAL FLOORING 04/06/2021CENTENNIAL FLOORING06030FLOORING INSTALL PD OFFICE #307/3342,150.00 10731106235CONSULTANT FEE FOR LEAD ACADEMY5,000.0004/06/2021COMMON SENSE 10731205313STATIONERY ORDER2,842.0004/06/2021GRAPHIC DESIGN, INC. 04/06/2021GRAPHIC DESIGN, INC.05313STATIONERY ORDER1,612.00 04/06/2021GRAPHIC DESIGN, INC.05313STATIONERY ORDER372.00 04/06/2021GRAPHIC DESIGN, INC.05313STATIONERY ORDER96.00 04/06/2021GRAPHIC DESIGN, INC.05313STATIONERY ORDER34.00 10731306234OVERPD TRANS MEDIC - MW200064281,328.8004/06/2021HMS 10731402137ATTORNEY FEES - FEBRUARY5,508.0004/06/2021KENNEDY & GRAVEN CHARTERED 10731500827LEGAL FEES REIMB TOWN & COUNTRY1,930.0004/06/2021L M C I T 10731604966FORD F550 4X4 REGULAR CAB CHASSIS37,442.8004/06/2021MIDWAY FORD 10731706236ANTENNA REMOVAL OFF WATER TOWER1,475.0004/06/2021MIDWEST TOWER ERECTION, INC. 10731806017DELL PC'S OFF STATE OF MN CONTRACT8,540.0004/06/2021NOW MICRO INC 10731900001TIME VENTURES - SPRINKLER REPAIR775.6404/06/2021ONE TIME VENDOR 10732001345HAZARDOUS WASTE GENERATOR LIC204.6304/06/2021RAMSEY COUNTY 10732100198WATER UTILITY1,772.9904/06/2021ST PAUL REGIONAL WATER SRVS 04/06/2021ST PAUL REGIONAL WATER SRVS00198WATER UTILITY85.58 10732201565PARTS FOR SWEEPERS #703 & #7142,459.6404/06/2021SWEEPER SERVICES 04/06/2021SWEEPER SERVICES01565PARTS FOR SWEEPERS #703 & #7141,015.00 145,946.11 18Checks in this report. City Council Packet Page Number 81 of 253 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 3/29/2021MN State TreasurerDrivers License/Deputy Registrar36,473.05 3/29/2021Delta DentalDental Premium3,515.81 3/29/2021US BankDebt Service Payments1,287,987.50 3/30/2021MN State TreasurerDrivers License/Deputy Registrar32,910.03 3/31/2021MN State TreasurerDrivers License/Deputy Registrar12,042.06 4/1/2021MN State TreasurerDrivers License/Deputy Registrar140,670.42 4/1/2021Accela Credit Card BillingCredit Card Billing Fee0.10 4/2/2021Empower - State PlanDeferred Compensation26,984.00 4/2/2021MN Dept of Natural ResourcesDNR electronic licenses700.90 4/2/2021MN State TreasurerDrivers License/Deputy Registrar40,129.72 4/2/2021Optum HealthDCRP & Flex plan payments2,494.59 4/2/2021US Bank VISA One Card*Purchasing card items42,546.81 4/2/2021U.S. TreasurerFederal Payroll Tax104,993.73 4/2/2021P.E.R.A.P.E.R.A.130,932.38 4/2/2021MN State TreasurerState Payroll Tax24,260.21 1,886,641.31 City Council Packet Page Number 82 of 253 G1, Attachments Transaction Transaction DatePosting DateMerchant NameAmountName MENARDS MAPLEWOOD MNDAVE ADAMS 03/24/202103/26/2021$66.49 OFFICE DEPOT #1090REGAN BEGGS 03/15/202103/17/2021$155.14 OFFICE DEPOT #1090REGAN BEGGS 03/15/202103/17/2021$5.99 AMZN MKTP US*OR6JS5ZH3BRIAN BIERDEMAN 03/13/202103/15/2021$41.29 AMAZON.COM*NL4SF7KT3 AMZNBRIAN BIERDEMAN 03/22/202103/23/2021$41.19 OFFICE DEPOT #1090NEIL BRENEMAN 03/16/202103/18/2021$43.13 OFFICE DEPOT #1090NEIL BRENEMAN 03/17/202103/19/2021$4.49 OFFICE DEPOT #1090NEIL BRENEMAN 03/17/202103/19/2021$18.69 OFFICE DEPOT #1090NEIL BRENEMAN 03/22/202103/25/2021$4.25 THE HOME DEPOT 2801BRENT BUCKLEY 03/17/202103/19/2021$90.99 STARBUCKS STORE 57157EMILY BURT-MCGREGOR 03/12/202103/15/2021$19.27 COSTCO WHSE #1021EMILY BURT-MCGREGOR 03/13/202103/15/2021$10.73 OTC BRANDS INCEMILY BURT-MCGREGOR 03/17/202103/19/2021$120.97 STARBUCKS STORE 57157EMILY BURT-MCGREGOR 03/18/202103/22/2021$57.82 AMZN MKTP US*LS0IX87C3EMILY BURT-MCGREGOR 03/20/202103/22/2021$117.82 MIDWEST MECHANICAL SOLUTISCOTT CHRISTENSON 03/11/202103/15/2021$339.10 OVERHEAD DOOR COMPANY OFSCOTT CHRISTENSON 03/16/202103/17/2021$628.90 OVERHEAD DOOR COMPANY OFSCOTT CHRISTENSON 03/16/202103/17/2021$264.25 OVERHEAD DOOR COMPANY OFSCOTT CHRISTENSON 03/16/202103/17/2021$387.70 OVERHEAD DOOR COMPANY OFSCOTT CHRISTENSON 03/16/202103/17/2021$387.70 OVERHEAD DOOR COMPANY OFSCOTT CHRISTENSON 03/16/202103/17/2021$158.45 VIKING ELECTRIC-DIST CTRSCOTT CHRISTENSON 03/19/202103/22/2021$98.12 THE HOME DEPOT #2801SCOTT CHRISTENSON 03/19/202103/22/2021$34.81 J H LARSON ELECTRICAL COMSCOTT CHRISTENSON 03/22/202103/23/2021$179.94 J H LARSON ELECTRICAL COMSCOTT CHRISTENSON 03/22/202103/23/2021$356.24 BTS*DETECTOR ELECTRONICSSHAWN CONWAY 03/11/202103/15/2021($40.26) ANIMAL EMERGENCY AND RKERRY CROTTY 03/16/202103/18/2021$254.98 IN *ENVUE TELEMATICS LLCKERRY CROTTY 03/18/202103/19/2021$598.00 AMAZON.COM*4P74Y4JU3THOMAS DABRUZZI 03/18/202103/19/2021$67.49 GALLSJOSEPH DEMULLING 03/25/202103/26/2021$206.15 POST BOARD LICENSINGCASSIE FISHER 03/16/202103/17/2021$1,260.00 CINTAS CORPCASSIE FISHER 03/18/202103/19/2021$49.99 FEDEX OFFICE 00000828CASSIE FISHER 03/19/202103/23/2021$470.17 CINTAS CORPCASSIE FISHER 03/25/202103/26/2021$49.99 IN *GHG CORPORATIONMYCHAL FOWLDS 03/12/202103/15/2021$3,240.00 COMCAST ST. PAULMYCHAL FOWLDS 03/12/202103/15/2021$43.51 PITNEY BOWES PIMYCHAL FOWLDS 03/13/202103/15/2021$150.00 ZOOM.US 888-799-9666MYCHAL FOWLDS 03/17/202103/18/2021$740.71 COMCAST CABLE COMMMYCHAL FOWLDS 03/17/202103/18/2021$4.56 U.S.INTERNET CORPMYCHAL FOWLDS 03/21/202103/23/2021$394.00 DASHLANEMYCHAL FOWLDS 03/22/202103/23/2021$59.99 CAN*CANONFINANCIAL CFSMYCHAL FOWLDS 03/22/202103/23/2021$1,270.57 CAN*CANONFINANCIAL CFSMYCHAL FOWLDS 03/22/202103/23/2021$316.84 CAN*CANONFINANCIAL CFSMYCHAL FOWLDS 03/22/202103/23/2021$331.57 COMCAST CABLE COMMMYCHAL FOWLDS 03/23/202103/24/2021$144.71 ALLSTREAMMYCHAL FOWLDS 03/24/202103/25/2021$61.11 GREAT RIVER OFFICE PRODUCNICK FRANZEN 03/12/202103/15/2021$625.40 GRAYBAR ELECTRIC COMPANYNICK FRANZEN 03/18/202103/19/2021$308.81 LIQUIDFILESNICK FRANZEN 03/22/202103/23/2021$66.00 DIGICERT INCNICK FRANZEN 03/23/202103/24/2021$278.00 DEVOLUTIONS INCNICK FRANZEN 03/23/202103/24/2021$959.96 IDU*INSIGHT PUBLIC SECNICK FRANZEN 03/24/202103/25/2021$363.80 THE HOME DEPOT #2801TAMARA HAYS 03/18/202103/22/2021$17.69 OXYGEN SERVICE COMPANY,GARY HINNENKAMP 03/23/202103/23/2021$150.06 City Council Packet Page Number 83 of 253 G1, Attachments HOMEDEPOT.COMDAVID JAHN 03/19/202103/22/2021$21.97 HOMEDEPOT.COMDAVID JAHN 03/19/202103/22/2021$33.72 DALCO ENTERPRISESDAVID JAHN 03/22/202103/23/2021$155.57 DEPARTMENT OF LABOR AND IRANDY JOHNSON 03/24/202103/25/2021$25.00 DEPARTMENT OF LABOR AND IRANDY JOHNSON 03/24/202103/25/2021$25.00 PAYPAL *FIREMARSHALERIC KUBAT 03/19/202103/22/2021$40.00 PAYPAL *FIREMARSHALERIC KUBAT 03/19/202103/22/2021$40.00 BARRON COUNTY WASTE TO ENJASON KUCHENMEISTER 03/24/202103/25/2021$100.00 ASPEN MILLSMICHAEL MONDOR 03/16/202103/17/2021$963.99 ASPEN MILLSMICHAEL MONDOR 03/16/202103/17/2021$559.82 ASPEN MILLSMICHAEL MONDOR 03/23/202103/24/2021$99.90 CINTAS CORPBRYAN NAGEL 03/13/202103/15/2021$36.28 CINTAS CORPBRYAN NAGEL 03/13/202103/15/2021$182.33 CINTAS CORPBRYAN NAGEL 03/13/202103/15/2021$23.30 CINTAS CORPBRYAN NAGEL 03/17/202103/18/2021$121.28 CINTAS CORPBRYAN NAGEL 03/17/202103/18/2021$104.37 CINTAS CORPBRYAN NAGEL 03/17/202103/18/2021$39.26 CINTAS CORPBRYAN NAGEL 03/17/202103/18/2021$55.42 CINTAS CORPBRYAN NAGEL 03/17/202103/18/2021$22.54 AMZN MKTP US*CB0Y02W43BRYAN NAGEL 03/24/202103/25/2021$149.00 CINTAS CORPBRYAN NAGEL 03/24/202103/25/2021$135.14 CINTAS CORPBRYAN NAGEL 03/24/202103/25/2021$123.57 CINTAS CORPBRYAN NAGEL 03/24/202103/25/2021$39.10 CINTAS CORPBRYAN NAGEL 03/24/202103/25/2021$12.75 CINTAS CORPBRYAN NAGEL 03/24/202103/25/2021$16.35 CINTAS CORPBRYAN NAGEL 03/25/202103/26/2021$73.95 MENARDS MAPLEWOOD MNJOHN NAUGHTON 03/19/202103/22/2021$9.87 THE HOME DEPOT #2801JOHN NAUGHTON 03/22/202103/24/2021$28.43 THE HOME DEPOT #2801JOHN NAUGHTON 03/23/202103/25/2021$48.86 N-EARMICHAEL NYE 03/18/202103/19/2021$168.99 5.11, INC.MICHAEL NYE 03/20/202103/22/2021$74.99 GALLSMICHAEL NYE 03/20/202103/22/2021$84.01 BOUND TREE MEDICAL LLCKENNETH POWERS 03/16/202103/18/2021$449.80 METRO PRODUCTS INCSTEVEN PRIEM 03/12/202103/15/2021$29.27 NORTHERN TOOL+EQUIPSTEVEN PRIEM 03/12/202103/15/2021$34.99 COMOLUBE AND SUPPLIES INCSTEVEN PRIEM 03/15/202103/16/2021$181.69 SOL*SNAP-ON INDUSTRIALSTEVEN PRIEM 03/15/202103/16/2021$311.07 FRONTIER AG HASTINGSSTEVEN PRIEM 03/16/202103/17/2021$31.26 SQ *TWIN CITIES TRASTEVEN PRIEM 03/16/202103/17/2021$150.00 WALSER POLAR CHEVROLETSTEVEN PRIEM 03/16/202103/17/2021$47.26 FORCE AMERICA DISTRIBUTINSTEVEN PRIEM 03/17/202103/18/2021$441.00 0391-AUTOPLUSSTEVEN PRIEM 03/17/202103/18/2021$80.51 BOYER FORD TRUCKSSTEVEN PRIEM 03/18/202103/19/2021$78.89 TERMINAL SUPPLY-MINN 7STEVEN PRIEM 03/18/202103/19/2021$98.16 KATH FUELSTEVEN PRIEM 03/19/202103/22/2021$378.72 POMP S TIRE #021STEVEN PRIEM 03/19/202103/22/2021$2,176.00 HARBOR FREIGHT TOOLS 612STEVEN PRIEM 03/19/202103/22/2021$257.69 0391-AUTOPLUSSTEVEN PRIEM 03/19/202103/22/2021$39.50 0391-AUTOPLUSSTEVEN PRIEM 03/19/202103/22/2021$68.92 POMP S TIRE #021STEVEN PRIEM 03/22/202103/23/2021$888.42 FACTORY MTR PTS #19STEVEN PRIEM 03/22/202103/23/2021$467.93 0391-AUTOPLUSSTEVEN PRIEM 03/22/202103/23/2021$70.14 IN *AUTOMOTIVE TRAINING GSTEVEN PRIEM 03/23/202103/25/2021$518.00 AN FORD WHITE BEAR LAKSTEVEN PRIEM 03/24/202103/25/2021$272.47 NORTHERN TOOL+EQUIPSTEVEN PRIEM 03/24/202103/26/2021$37.53 CERTIFIED LABORATORIESSTEVEN PRIEM 03/25/202103/26/2021$272.51 City Council Packet Page Number 84 of 253 G1, Attachments PIONEER PRESS ADVTERRIE RAMEAUX 03/18/202103/19/2021$4,270.00 THE STAR TRIBUNE ONLINETERRIE RAMEAUX 03/23/202103/24/2021$850.00 AMZN MKTP US*KJ5XA0ZL3MICHAEL RENNER 03/22/202103/24/2021$499.53 AMAZON.COM*461TQ2EI3AUDRA ROBBINS 03/17/202103/18/2021$54.65 CINTAS CORPAUDRA ROBBINS 03/17/202103/18/2021$35.00 CITYPARKSALLIANCEAUDRA ROBBINS 03/22/202103/23/2021$250.00 ON SITE SANITATION INCAUDRA ROBBINS 03/22/202103/24/2021$862.00 CINTAS CORPAUDRA ROBBINS 03/24/202103/25/2021$65.12 MINNESOTA GOVERNMENT FINAJOSEPH RUEB 03/18/202103/19/2021$70.00 MINN COR INDUSTRIESJOSEPH RUEB 03/22/202103/23/2021$35.00 MENARDS MAPLEWOOD MNROBERT RUNNING 03/16/202103/18/2021$107.03 MENARDS MAPLEWOOD MNROBERT RUNNING 03/19/202103/22/2021$48.11 FASTENAL COMPANY 01MNT11ROBERT RUNNING 03/19/202103/22/2021$35.53 NAPA STORE 3279016ROBERT RUNNING 03/22/202103/23/2021$12.69 NAPA STORE 3279016ROBERT RUNNING 03/24/202103/25/2021$22.67 THE HOME DEPOT #2801ROBERT RUNNING 03/24/202103/26/2021$51.43 TENNIS ROLL OFF LLCSCOTT SCHULTZ 03/16/202103/17/2021$570.00 OFFICE DEPOT #1090STEPHANIE SHEA 03/15/202103/17/2021$28.83 BCA TRAINING EDUCATIONSTEPHANIE SHEA 03/16/202103/17/2021$25.00 OFFICE DEPOT #1090STEPHANIE SHEA 03/16/202103/18/2021$235.43 MINNESOTA ASSOC OF GOVERNJOE SHEERAN 03/19/202103/22/2021$85.00 CHARGE.PREZI.COMJOE SHEERAN 03/22/202103/23/2021$228.00 RADCO-OAKDALEMICHAEL SHORTREED 03/12/202103/15/2021$220.66 OFFICE DEPOT #1090MICHAEL SHORTREED 03/15/202103/17/2021$217.41 SUN BADGE COMPANYMICHAEL SHORTREED 03/16/202103/18/2021$206.50 GRAFIX SHOPPEMICHAEL SHORTREED 03/17/202103/18/2021$100.00 BLINDS.COM #2150MICHAEL SHORTREED 03/22/202103/24/2021$422.16 EMERGENCY AUTOMOTIVE TEMICHAEL SHORTREED 03/23/202103/24/2021$4,324.75 JURASSICPARLIAMENT.COMANDREA SINDT 03/24/202103/25/2021$57.00 KIESLER POLICE SUPPLYJOSEPH STEINER 03/23/202103/24/2021$395.00 MINNESOTA CHIEFS OF POLICJOSEPH STEINER 03/24/202103/25/2021$172.00 ANARCHY OUTDOORSJOSEPH STEINER 03/25/202103/26/2021$472.02 PIONEER PRESS CIRCJEFF THOMSON 03/22/202103/23/2021$10.00 BOUND TREE MEDICAL LLCERIC ZAPPA 03/18/202103/22/2021$10.47 BOUND TREE MEDICAL LLCERIC ZAPPA 03/18/202103/22/2021$255.26 LIFE ASSIST INCERIC ZAPPA 03/19/202103/22/2021$81.30 LIFE ASSIST INCERIC ZAPPA 03/23/202103/24/2021$87.50 $42,546.81 City Council Packet Page Number 85 of 253 G1, Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount AMOUNT CHECK #CHECK DATEEMPLOYEE NAME 03/19/21ABRAMS, MARYLEE560.80 03/19/21CAVE, REBECCA493.60 03/19/21JUENEMANN, KATHLEEN493.60 03/19/21KNUTSON, WILLIAM493.60 03/19/21VILLAVICENCIO, NICHOLE493.60 03/19/21COLEMAN, MELINDA6,835.20 03/19/21KNUTSON, LOIS3,403.95 03/19/21SABLE, MICHAEL5,156.13 03/19/21CHRISTENSON, SCOTT2,535.25 03/19/21DOUGLASS, TOM2,334.96 03/19/21JAHN, DAVID2,569.88 03/19/21HERZOG, LINDSAY2,327.75 03/19/21RAMEAUX, THERESE3,766.80 03/19/21DEBILZAN, JUDY2,590.49 03/19/21OSWALD, BRENDA2,792.00 03/19/21PAULSETH, ELLEN5,712.55 03/19/21RUEB, JOSEPH4,596.11 03/19/21STANLEY, JENNIFER3,507.40 03/19/21ARNOLD, AJLA2,293.82 03/19/21BEGGS, REGAN2,314.59 03/19/21EVANS, CHRISTINE2,319.20 03/19/21LARSON, MICHELLE2,316.89 03/19/21SINDT, ANDREA3,941.09 03/19/21ABRAHAM, JOSHUA2,685.79 03/19/21AMAH-CLARKE, ALFREDA1,916.80 03/19/21HANSON, MELISSA2,107.20 03/19/21HOCKBEIN, JUDY1,047.75 03/19/21KRAMER, PATRICIA1,330.50 03/19/21MOY, PAMELA1,974.92119.56 03/19/21OLSON, THOMAS1,856.00 03/19/21OSTER, ANDREA2,323.82 03/19/21VITT, JULIANNE1,146.83 03/19/21WEAVER, KRISTINE3,457.40 03/19/21WINKELMAN, JULIA1,258.60 03/19/21ABEL, CLINT325.25 03/19/21ALDRIDGE, MARK3,839.80 03/19/21ARBOGAST, JOSEPH2,343.26 03/19/21BAKKE, LONN3,954.24 03/19/21BELDE, STANLEY4,065.12 03/19/21BENJAMIN, MARKESE3,885.88 03/19/21BERGERON, ASHLEY3,493.50 03/19/21BIERDEMAN, BRIAN4,893.22 03/19/21BROWN, RAE2,373.67 03/19/21BURT-MCGREGOR, EMILY3,599.99 03/19/21BUSACK, DANIEL4,893.22 03/19/21COLEMAN, ALEXANDRA2,114.50 City Council Packet Page Number 86 of 253 G1, Attachments 03/19/21CONDON, MITCHELL3,668.04 03/19/21CRUZ, TREANA2,287.87 03/19/21DEMULLING, JOSEPH4,764.25 03/19/21DUGAS, MICHAEL5,108.03 03/19/21FISHER, CASSANDRA2,782.59 03/19/21FORSYTHE, MARCUS4,003.01 03/19/21FRITZE, DEREK4,969.02 03/19/21GABRIEL, ANTHONY3,637.70 03/19/21GEISELHART, BENJAMIN2,729.36 03/19/21HAWKINSON JR, TIMOTHY3,902.87 03/19/21HELLE, KERRY4,839.20 03/19/21HENDRICKS, JENNIFER2,119.20 03/19/21HER, PHENG3,852.76 03/19/21HOEMKE, MICHAEL387.05 03/19/21KANDA, MADELINE2,670.11 03/19/21KHAREL, RAM232.00 03/19/21KIM, WINSTON2,792.66 03/19/21KONG, TOMMY3,890.64 03/19/21KORAN, MARIE2,103.39 03/19/21KROLL, BRETT3,974.23 03/19/21KUCHENMEISTER, JASON1,963.20 03/19/21LANGNER, TODD4,354.96 03/19/21LENERTZ, NICHOLAS3,323.78 03/19/21LOPEZ, ARTURO667.00 03/19/21LYNCH, KATHERINE3,905.24 03/19/21MARINO, JASON4,227.22 03/19/21MCCARTY, GLEN4,589.40597.49 03/19/21MICHELETTI, BRIAN3,841.59 03/19/21MURRAY, RACHEL4,063.83 03/19/21NADEAU, SCOTT5,992.05 03/19/21NYE, MICHAEL4,864.85 03/19/21OLSON, JULIE4,083.30 03/19/21PARKER, JAMES3,787.01 03/19/21PEREZ, GUSTAVO3,307.37 03/19/21PETERS, DANIEL3,395.95 03/19/21SALCHOW, CONNOR3,364.37 03/19/21SANCHEZ, ISABEL2,287.87 03/19/21SHEA, STEPHANIE2,225.79 03/19/21SHORTREED, MICHAEL5,157.79 03/19/21SPARKS, NICOLLE2,682.53 03/19/21STARKEY, ROBERT3,526.02 03/19/21STEINER, JOSEPH5,243.24 03/19/21STOCK, AUBREY2,966.56 03/19/21SWETALA, NOAH2,768.15 03/19/21TAUZELL, BRIAN3,815.87 03/19/21THAO, JAY355.25 03/19/21THIENES, PAUL6,202.34 03/19/21WENZEL, JAY3,805.76 03/19/21WIETHORN, AMANDA3,053.95 03/19/21XIONG, KAO3,923.40 03/19/21XIONG, TUOYER3,076.43 03/19/21ZAPPA, ANDREW3,494.25 03/19/21BARRETTE, CHARLES3,460.46 03/19/21BAUMAN, ANDREW3,308.29 03/19/21BEITLER, NATHAN2,959.99 03/19/21CAMPBELL, MACLANE780.00 03/19/21CONWAY, SHAWN4,258.86 City Council Packet Page Number 87 of 253 G1, Attachments 03/19/21CRAWFORD JR, RAYMOND3,667.55 03/19/21CRUMMY, CHARLES2,959.99 03/19/21DABRUZZI, THOMAS3,858.25 03/19/21DANLEY, NICHOLAS3,389.38 03/19/21DAVISON, BRADLEY3,145.91 03/19/21DAWSON, RICHARD4,157.47 03/19/21HAGEN, MICHAEL2,959.99 03/19/21HALWEG, JODI4,178.18 03/19/21HAWTHORNE, ROCHELLE3,608.53 03/19/21KUBAT, ERIC3,795.22 03/19/21LANDER, CHARLES3,280.46 03/19/21LANIK, JAKE2,624.89 03/19/21LO, CHING1,672.14 03/19/21MALESKI, MICHAEL3,615.23 03/19/21MCGEE, BRADLEY2,989.47 03/19/21MERKATORIS, BRETT3,280.46 03/19/21MONDOR, MICHAEL5,474.97 03/19/21NEILY, STEVEN2,959.99 03/19/21NIELSEN, KENNETH3,037.43 03/19/21NOVAK, JEROME3,517.08 03/19/21POWERS, KENNETH4,905.82 03/19/21SEDLACEK, JEFFREY3,909.24 03/19/21STREFF, MICHAEL3,485.52 03/19/21WARDELL, JORDAN3,796.58 03/19/21WILLIAMSON, MICHAEL2,624.89 03/19/21ZAPPA, ERIC3,796.58 03/19/21CORTESI, LUANNE2,316.89 03/19/21JANASZAK, MEGHAN3,023.16 03/19/21BRINK, TROY3,155.90 03/19/21BUCKLEY, BRENT2,878.09 03/19/21EDGE, DOUGLAS2,841.00 03/19/21JONES, DONALD2,846.69 03/19/21MEISSNER, BRENT2,635.99 03/19/21MLODZIK, JASON2,202.40 03/19/21NAGEL, BRYAN4,631.80 03/19/21OSWALD, ERICK2,881.02 03/19/21RUNNING, ROBERT2,938.70 03/19/21TEVLIN, TODD2,868.40 03/19/21ZAHNOW, LANCE2,348.65 03/19/21BURLINGAME, NATHAN3,278.40 03/19/21DUCHARME, JOHN3,343.02 03/19/21ENGSTROM, ANDREW3,338.40 03/19/21JAROSCH, JONATHAN4,508.31 03/19/21LINDBLOM, RANDAL3,343.02 03/19/21LOVE, STEVEN8,744.79 03/19/21STRONG, TYLER3,032.00 03/19/21ZIEMAN, SCOTT160.00 03/19/21GERNES, CAROLE2,767.39 03/19/21HAYS, TAMARA2,586.77 03/19/21HINNENKAMP, GARY2,928.37 03/19/21NAUGHTON, JOHN2,702.53 03/19/21ORE, JORDAN2,633.69 03/19/21SAKRY, JASON2,438.02 03/19/21STOKES, KAL938.22 03/19/21HAMMOND, ELIZABETH1,980.59 03/19/21JOHNSON, ELIZABETH2,340.99 03/19/21JOHNSON, RANDY4,462.88 City Council Packet Page Number 88 of 253 G1, Attachments 03/19/21KROLL, LISA2,319.20 03/19/21KUCHENMEISTER, GINA2,285.60 03/19/21THOMSON, JEFFREY4,945.50 03/19/21FINWALL, SHANN3,972.30 03/19/21MARTIN, MICHAEL4,221.93 03/19/21DREWRY, SAMANTHA2,885.79 03/19/21WESTLUND, RONALD2,472.09 03/19/21WELLENS, MOLLY3,412.10 03/19/21REININGER, RUSSELL2,623.40 03/19/21BJORK, BRANDON132.00 03/19/21BRENEMAN, NEIL3,272.61 03/19/21LO, SATHAE346.50 03/19/21ROBBINS, AUDRA4,617.58 03/19/21BERGO, CHAD3,787.41 03/19/21SCHMITZ, KEVIN2,384.50 03/19/21SHEERAN JR, JOSEPH4,274.79 03/19/21ADAMS, DAVID3,227.93 03/19/21HAAG, MARK3,123.01 03/19/21JENSEN, JOSEPH2,661.73 03/19/21SCHULTZ, SCOTT4,601.89 03/19/21WILBER, JEFFREY2,885.09 03/19/21PRIEM, STEVEN2,965.41 03/19/21WOEHRLE, MATTHEW2,738.92 03/19/21XIONG, BOON2,601.21 03/19/21FOWLDS, MYCHAL4,700.18 03/19/21FRANZEN, NICHOLAS4,874.66 03/19/21GERONSIN, ALEXANDER3,095.72 03/19/21RENNER, MICHAEL2,808.40 590,559.17717.05 City Council Packet Page Number 89 of 253 G1, Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount AMOUNT CHECK #CHECK DATEEMPLOYEE NAME 04/02/21ABRAMS, MARYLEE560.80 04/02/21CAVE, REBECCA493.60 04/02/21JUENEMANN, KATHLEEN493.60 04/02/21KNUTSON, WILLIAM493.60 04/02/21VILLAVICENCIO, NICHOLE493.60 04/02/21COLEMAN, MELINDA6,835.20 04/02/21KNUTSON, LOIS3,403.95 04/02/21SABLE, MICHAEL5,556.13 04/02/21CHRISTENSON, SCOTT2,459.44 04/02/21DOUGLASS, TOM2,334.96 04/02/21JAHN, DAVID2,322.08 04/02/21HERZOG, LINDSAY2,327.75 04/02/21RAMEAUX, THERESE3,766.80 04/02/21DEBILZAN, JUDY2,590.49 04/02/21OSWALD, BRENDA2,771.31 1,664.38 04/02/21PAULSETH, ELLEN5,912.55 04/02/21RUEB, JOSEPH4,596.11 04/02/21STANLEY, JENNIFER3,507.40 04/02/21ARNOLD, AJLA2,293.82 04/02/21BEGGS, REGAN2,314.59 04/02/21EVANS, CHRISTINE2,319.20 04/02/21LARSON, MICHELLE2,316.89 04/02/21SINDT, ANDREA3,941.09 04/02/21ABRAHAM, JOSHUA2,685.79 04/02/21AMAH-CLARKE, ALFREDA1,916.80 04/02/21HANSON, MELISSA2,107.20 04/02/21HOCKBEIN, JUDY1,072.72 04/02/21KRAMER, PATRICIA1,317.32 04/02/21MOY, PAMELA1,909.60 04/02/21OLSON, THOMAS1,856.00 04/02/21OSTER, ANDREA2,323.82 04/02/21VITT, JULIANNE1,518.03 04/02/21WEAVER, KRISTINE3,340.90 04/02/21WINKELMAN, JULIA1,067.20 04/02/21ABEL, CLINT325.25 04/02/21ALDRIDGE, MARK4,014.77 04/02/21ARBOGAST, JOSEPH2,008.582,008.58 04/02/21BAKKE, LONN3,918.36 04/02/21BARTZ, PAUL656.25 04/02/21BELDE, STANLEY4,226.82 04/02/21BENJAMIN, MARKESE3,620.92 04/02/21BERGERON, ASHLEY3,429.96 04/02/21BIERDEMAN, BRIAN4,893.22 04/02/21BROWN, RAE2,481.21 04/02/21BURT-MCGREGOR, EMILY3,461.89 04/02/21BUSACK, DANIEL4,893.22 City Council Packet Page Number 90 of 253 G1, Attachments 04/02/21COLEMAN, ALEXANDRA2,996.95 04/02/21CONDON, MITCHELL2,996.95 04/02/21CRUZ, TREANA2,287.87 04/02/21DEMULLING, JOSEPH4,885.07 04/02/21DUGAS, MICHAEL5,837.57 04/02/21FISHER, CASSANDRA2,782.60 04/02/21FORSYTHE, MARCUS3,548.35 04/02/21FRITZE, DEREK4,437.75 04/02/21GABRIEL, ANTHONY4,465.70 04/02/21GEISELHART, BENJAMIN2,729.36 04/02/21HAWKINSON JR, TIMOTHY4,385.24 04/02/21HELLE, KERRY4,839.20 04/02/21HENDRICKS, JENNIFER2,119.20 04/02/21HER, PHENG3,644.80 04/02/21HOEMKE, MICHAEL387.05 04/02/21KANDA, MADELINE2,670.11 04/02/21KHAREL, RAM232.00 04/02/21KIM, WINSTON2,768.15 04/02/21KONG, TOMMY3,958.72 04/02/21KORAN, MARIE2,103.39 04/02/21KROLL, BRETT3,653.52 04/02/21KUCHENMEISTER, JASON1,986.41 04/02/21LANGNER, TODD4,272.38 04/02/21LENERTZ, NICHOLAS3,323.78 04/02/21LOPEZ, ARTURO522.00 04/02/21LYNCH, KATHERINE3,515.90 04/02/21MARINO, JASON4,547.38 04/02/21MCCARTY, GLEN3,849.62 04/02/21METRY, ALESIA80.00 04/02/21MICHELETTI, BRIAN3,460.35 04/02/21MURRAY, RACHEL3,618.94 04/02/21NADEAU, SCOTT5,992.05 04/02/21NYE, MICHAEL4,540.61 04/02/21OLSON, JULIE4,298.58 04/02/21PARKER, JAMES3,787.01 04/02/21PEREZ, GUSTAVO2,866.19 04/02/21PETERS, DANIEL3,224.95 04/02/21SALCHOW, CONNOR2,939.15 04/02/21SANCHEZ, ISABEL2,287.87 04/02/21SHEA, STEPHANIE2,225.79 04/02/21SHORTREED, MICHAEL5,157.79 04/02/21SPARKS, NICOLLE1,362.74 04/02/21STARKEY, ROBERT3,526.02 04/02/21STEINER, JOSEPH5,842.08 04/02/21STOCK, AUBREY3,532.08 04/02/21SWETALA, NOAH2,682.53 04/02/21TAUZELL, BRIAN4,261.14 04/02/21THAO, JAY232.00 04/02/21THIENES, PAUL4,601.68 04/02/21WENZEL, JAY3,686.38 04/02/21WIETHORN, AMANDA3,914.25 04/02/21XIONG, KAO3,653.52 04/02/21XIONG, TUOYER2,996.95 04/02/21ZAPPA, ANDREW3,494.25 04/02/21BARRETTE, CHARLES4,779.28 04/02/21BAUMAN, ANDREW3,972.94 04/02/21BEITLER, NATHAN3,043.82 City Council Packet Page Number 91 of 253 G1, Attachments 04/02/21CAMPBELL, MACLANE794.63 04/02/21CONWAY, SHAWN4,471.96 04/02/21CRAWFORD JR, RAYMOND3,280.46 04/02/21CRUMMY, CHARLES3,342.62 04/02/21DABRUZZI, THOMAS4,046.10 04/02/21DANLEY, NICHOLAS3,556.62 04/02/21DAVISON, BRADLEY3,859.67 04/02/21DAWSON, RICHARD4,640.47 04/02/21HAGEN, MICHAEL3,292.82 04/02/21HALWEG, JODI3,777.99 04/02/21HAWTHORNE, ROCHELLE3,851.87 04/02/21KUBAT, ERIC4,229.92 04/02/21LANDER, CHARLES3,569.65 04/02/21LANIK, JAKE2,821.72 04/02/21LO, CHING1,230.69 04/02/21MALESKI, MICHAEL4,055.22 04/02/21MCGEE, BRADLEY2,989.07 04/02/21MERKATORIS, BRETT4,463.23 04/02/21MONDOR, MICHAEL5,474.97 04/02/21NEILY, STEVEN3,805.31 04/02/21NIELSEN, KENNETH3,422.30 04/02/21NOVAK, JEROME4,369.58110.49 04/02/21POWERS, KENNETH5,041.11 04/02/21SEDLACEK, JEFFREY3,823.63 04/02/21STREFF, MICHAEL3,621.23 04/02/21WARDELL, JORDAN4,710.55 04/02/21WILLIAMSON, MICHAEL2,744.71 04/02/21ZAPPA, ERIC3,517.01 04/02/21CORTESI, LUANNE2,316.89 04/02/21JANASZAK, MEGHAN3,101.54 04/02/21BRINK, TROY2,956.30 04/02/21BUCKLEY, BRENT2,684.02 04/02/21EDGE, DOUGLAS2,738.95 04/02/21JONES, DONALD2,720.64 04/02/21MEISSNER, BRENT2,684.02 04/02/21MLODZIK, JASON2,176.09 04/02/21NAGEL, BRYAN4,631.80 04/02/21OSWALD, ERICK2,778.96 04/02/21RUNNING, ROBERT2,956.30 04/02/21TEVLIN, TODD2,817.37 04/02/21ZAHNOW, LANCE2,198.04 04/02/21BURLINGAME, NATHAN3,278.40 04/02/21DUCHARME, JOHN3,343.02 04/02/21ENGSTROM, ANDREW3,338.40 04/02/21JAROSCH, JONATHAN4,508.31 04/02/21LINDBLOM, RANDAL3,343.02 04/02/21LOVE, STEVEN6,091.22 04/02/21STRONG, TYLER3,032.00 04/02/21ZIEMAN, SCOTT112.00 04/02/21GERNES, CAROLE2,767.39 04/02/21HAYS, TAMARA2,673.72 04/02/21HINNENKAMP, GARY2,915.82 04/02/21NAUGHTON, JOHN2,678.33 04/02/21ORE, JORDAN2,721.75 04/02/21SAKRY, JASON2,430.77 04/02/21STOKES, KAL868.78 04/02/21HAMMOND, ELIZABETH1,980.59 City Council Packet Page Number 92 of 253 G1, Attachments 04/02/21JOHNSON, ELIZABETH2,341.00 04/02/21JOHNSON, RANDY4,462.88 04/02/21KROLL, LISA2,343.20 04/02/21KUCHENMEISTER, GINA2,285.60 04/02/21THOMSON, JEFFREY5,145.50 04/02/21FINWALL, SHANN3,972.30 04/02/21MARTIN, MICHAEL4,221.93 04/02/21DREWRY, SAMANTHA2,885.79 04/02/21WESTLUND, RONALD2,429.19 04/02/21WELLENS, MOLLY3,412.10 04/02/21REININGER, RUSSELL2,712.43 04/02/21BJORK, BRANDON132.00 04/02/21BRENEMAN, NEIL3,272.61 04/02/21LO, SATHAE357.00 04/02/21ROBBINS, AUDRA4,817.58 04/02/21BERGO, CHAD3,937.41 150.00 04/02/21SCHMITZ, KEVIN2,384.49 04/02/21SHEERAN JR, JOSEPH4,274.79 04/02/21ADAMS, DAVID2,604.32 04/02/21HAAG, MARK3,586.71 04/02/21JENSEN, JOSEPH2,741.13 04/02/21SCHULTZ, SCOTT4,601.89 04/02/21WILBER, JEFFREY2,580.69 04/02/21PRIEM, STEVEN2,983.45 04/02/21WOEHRLE, MATTHEW2,793.55 04/02/21XIONG, BOON2,619.15 04/02/21FOWLDS, MYCHAL4,900.18 04/02/21FRANZEN, NICHOLAS4,318.58 04/02/21GERONSIN, ALEXANDER2,887.94 04/02/21RENNER, MICHAEL3,454.40 594,068.093,933.45 City Council Packet Page Number 93 of 253 G2 CITY COUNCIL STAFF REPORT Meeting Date April 12, 2021 Melinda Coleman REPORT TO: REPORT FROM: Ellen Paulseth, Finance Director PRESENTER: Ellen Paulseth, Finance Director AGENDA ITEM: Approval of Transfers Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Routine and budgeted transfers between funds must be made at appropriate times during the year. The City Council must approve transfers between funds. The transfers on the attached list represent budgeted debt service transfers, debt and project closings, and other routine transfers. Recommended Action: Motion to approve the transfers and budget adjustments dated 4/12/2021 and authorize the Finance Director to make the necessary accounting entries. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is N/A Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. The transfers are a component of the CityÓs annual budget. Necessary modifications provide for operational effectiveness. Background Transfers are part of the CityÓs budget and long-term financial plan and do not have a fiscal impact because transfers represent activity between funds. The Budgeted Debt Service Transfers are planned transfers from TIF and utility funds to provide the pledged revenues to service the G.O. bonds. These transfers were part of the original debt issuance agreement. City Council Packet Page Number 94 of 253 G2 The Budgeted Administrative Transfers primarily represent contributions from utility funds for administrative overhead costs. Each year the City budgets for administrative contributions from these funds. The Fund Closure Transfers are primarily transfers of cash and residual equity in completed project or debt service funds to close the fund. In some cases, a surplus is used from one fund to offset a deficit in another. In this case, the Debt Service 2011A Fund is being closed with proceeds from the 2020A Fund. The 2020A Debt Service is a related fund, as it was the issuance that refunded the 2011A Bonds in 2020. Debt Service 2014B Fund is being closed with surplus from the Debt Service 2014A Fund. The 2014B debt has been satisfied, with a small deficit left in the fund. Attachments 1. List of Transfers Dated April 12, 2021 City Council Packet Page Number 95 of 253 G2,Attachment1 LISTOFTRANSFERSDATEDAPRIL12,2021 TransferFromFund:TransferToFund:Reason: BUDGETEDDEBTSERVICETRANSFERSDATEDAPRIL12,2021 416TIF#1420,358336DebtService20,358DebtFinancingPlan 417TIF#1516,574336DebtService16,574DebtFinancingPlan 418TIF#1693,569336DebtService93,569DebtFinancingPlan 448TIF#11297,425369DebtService97,425DebtFinancingPlan 449TIF#11366,400372DebtService66,400DebtFinancingPlan 604EUF80,422373DebtService80,422DebtFinancingPlan 407St.PaulWAC42,672373DebtService42,672DebtFinancingPlan 601Sewer105,315375DebtService105,315DebtFinancingPlan 604EUF91,481375DebtService91,481DebtFinancingPlan 601Sewer27,133379DebtService27,133DebtFinancingPlan 604EUF63,108379DebtService63,108DebtFinancingPlan 406PublicSafety112,428381DebtService112,428DebtFinancingPlan 020,000383DebtService20,000DebtFinancingPlan 441TIF#11 604EUF141,970383DebtService141,970DebtFinancingPlan 377DebtService93,936381DebtService93,936DebtFinancingPlan 406PublicSafetyCap18,492381DebtService18,492DebtFinancingPlan 1,091,2831,091,283 BUDGETEDADMINISTRATIVETRANSFERSDATEDMARCH23,2020 601Sewer390,000101GeneralFund390,000AdministrativeFees 604EUF170,000101GeneralFund170,000AdministrativeFees 605Recycling55,000101GeneralFund55,000AdministrativeFees 607StreetLightFund25,000101GeneralFund25,000AdministrativeFees 499FranchiseFees650,000101GeneralFund650,000EngineeringFees 211FireTraning36,000440FireFacility36,000AnnualPayment 1,326,0001,326,000 FUNDCLOSURETRANSFERS 383DebtService94,944364DebtService94,944Close2011Awith2020A 369DebtService5,616370DebtService5,616Close2014Bwith2014A City Council Packet Page Number 96 of 253 G3 CITY COUNCIL STAFF REPORT Meeting Date April 12, 2021 Melinda Coleman, City Manager REPORT TO: REPORT FROM: Ellen Paulseth, Finance Director PRESENTER: Ellen Paulseth, Finance Director AGENDA ITEM: Resolution to Maintain Statutory Tort Liability Limits Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The Council will consider waiving the statutory tort liability limits to the amount of coverage purchased by the City. This is an annual requirement by the League of Minnesota Cities Insurance Trust. Recommended Action: approvthe resolution to maintain the statutory tort liability limits. 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 SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. By approving the statutory tort liability limits, the City is protecting itself from claims that exceed the amount of liability insurance coverage. Background Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide each year whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. City Council Packet Page Number 97 of 253 G3 If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000, regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the City Council. The City has elected to not waive the statutory tort limits in the past, which would limit recovery to $500,000 per claimant and $1,500,000 per occurrence for the upcoming policy period. A resolution is required each year to affirm the CityÓs decision. Attachments 1.Resolution to Maintain the Statutory Tort Limits for Liability Insurance Proposed City Council Packet Page Number 98 of 253 RESOLUTION TO MAINTAIN THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PROPOSED WHEREAS, the League of Minnesota Cities Insurance Trust annually requests member cities to make an election to waive or not waive the tort liability limit established by Minnesota Statutes 466.04; and WHEREAS, the City has three choices: to not waive the statutory limit, to waive the limit but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new level; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Maplewood hereby elects to not waive the statutory tort liability limit established by Minnesota Statutes 466.04. City Council Packet Page Number 99 of 253 CITY COUNCILSTAFF REPORT Meeting Date April 12, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Ron Batty, City Attorney PRESENTER: Ron Batty, City Attorney AGENDA ITEM: Consent to Assignment of Tax Increment Financing Note (Sibley Cove Project)and Issuance of Replacement for Lost Note Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City has been asked to consent to the assignment of the $1,175,234 Tax Increment Financing Note issued in 2005 in connection with the Sibley Cove housing project. The Note will be assigned to the buyer in connection with the sale of the property and there will be a collateral assignment of the Note from the buyer to the buyer’s lender. The agreement the City is asked to sign is standard and will not adversely affect the City. In addition, the original Note has been lost and the City will issue a replacement Note. Recommended Action: Motion to adopt the attached resolution entitled “Resolution Authorizing Execution of Acknowledgment, Consent and Subordination Agreement of City and Authorizing Issuance of Replacement Note”. 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. City Council Packet Page Number 100 of 253 G4 Background Sibley Cove is an 80-unit multifamily housing project in which a portion of the apartments are reserved for persons whose income does not exceed 60 percent of area median. It is located in the CityÓs TIF District 1-8, a housing tax increment financing district established in 2003. On December 28, 2005, following completion of the project, the City issued a pay-as-you-go tax increment financing Note in the principal amount of $1,175,234 to the developer, Sibley Cove, Limited Partnership. The City has made semi-annual payments on the Note out of available tax increment since then. The original developer is selling the project to Sibley Cove II, LLC and Northway Apartment Property II, LLC (collectively, the ÐBuyerÑ) and assigning the Note to the Buyer. The Buyer is obtaining financing for the acquisition and, as additional security for the loan, is collaterally assigning its interest in the Note to its lender. In order to accomplish this transaction, the City is asked to execute the Acknowledgment, Consent and Subordination Agreement of City. This agreement is standard in this sort of transaction and will not have an adverse effect on the City. The City will continue to make payments on the Note in accordance with the original agreement out of available tax increment. The only change will be the identity of the party to whom payment is made. This matter is being brought to the city council because the 2003 TIF agreement prohibits assignment of the Note without the CityÓs consent. In the course of preparing for this sale and financing, the original developer and holder of the Note was not able to locate the original document, which is necessary to complete the transaction. That happens occasionally and the City is then required to issue a replacement Note upon execution by the original holder of an Affidavit of Lost Note. That assures the City it will have to pay on only one Note and requires the original holder to transmit the original to the City if it is later found. If that occurs, the original Note will be destroyed. Attachments 1.Resolution Authorizing Execution of Acknowledgment, Consent and Subordination Agreement of City and Authorizing Issuance of Replacement Note. 2.Acknowledgment, Consent and Subordination Agreement of City. 3.Affidavit of Lost Note. City Council Packet Page Number 101 of 253 G4, Attachment 1 CITY OF MAPLEWOOD RESOLUTION AUTHORIZING EXECUTION OF ACKNOWLEDGMENT, CONSENT AND SUBORDINATION AGREEMENT OF CITY AND AUTHORIZING ISSUANCE OF REPLACEMENT NOTE WHEREAS, in 2003, the City established Tax Increment Financing District 1-8, a housing tax increment financing district, and issued to Sibley Cove, Limited Partnership, the developer, a pay-as-you- go TIF Note in the principal amount of $1,175,234; and WHEREAS, Sibley Cove, Limited Partnership is selling the project to Sibley Cove II, LLC and Northway Apartment Property II, LLC (collectively, the ÐBuyerÑ) and assigning the Note to the Buyer; and WHEREAS, the Buyer is financing the transaction and collaterally assigning its interest in the Note to its lender as additional security for the loan; and WHEREAS, the 2003 TIF agreement prohibits the assignment of the Note without the consent of the City; and WHEREAS, appropriate agreement has been submitted by the parties to this transaction and reviewed by the City and has been found to be in proper form; and WHEREAS, the original Note has been lost and the City has been asked to issue a replacement Note upon receipt of an Affidavit of Lost Note executed by the original holder of the Note. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota as follows: 1. The Mayor and City Manager are authorized and directed to execute the Acknowledgment, Consent and Subordination Agreement of City. 2. City staff are authorized and directed to issue a replacement Note upon receipt of Affidavit of Lost Note executed by the original holder of the Note. 3. City staff and consultants are authorized and directed to take all additional actions as may be necessary or convenient to facilitate the intent of this resolution. City Council Packet Page Number 102 of 253 G4, Attachment 1 Adopted by the City Council of the City of Maplewood on April 12, 2021. Approved: Marylee Abrams, Mayor Attest: _____________________________________ Andrea Sindt, City Clerk City Council Packet Page Number 103 of 253 G4, Attachment 2 ACKNOWLEDGMENT, CONSENT AND SUBORDINATION AGREEMENT OF CITY The City of Maplewood, Minnesota (the ÐCityÑ), hereby acknowledges that certain Assignment of Tax Increment Financing dated April __, 2021, between Sibley Cove, Limited Partnership, a Minnesota limited partnership (ÐOriginal BorrowerÑ) to Sibley Cove II, LLC, a Minnesota limited liability company and Northway Apartment Property II, LLC, a Minnesota limited liability company (collectively the ÐBorrowerÑ) and that certain Assignment and Pledge of Tax Increment Financing (collectively, the ÐAssignmentsÑ) dated _________________, 2021, between Wings Financial Credit Union, a Minnesota credit union (the ÐLenderÑ) and the Borrower, consents to such Assignments, and agrees to be bound by the Assignments and to comply with the LenderÓs instructions with respect to the payments on the TIF Note under the TIF Documents. In particular, and without limiting the generality of the foregoing, the undersigned acknowledge and agree that: (i) Original Borrower is not in default under the Development Agreement, and (ii) the assignments effected by the Assignments are approved by the City and are made in full compliance with the provisions of Section 6.9 of the Development Agreement as defined in the Assignment. Terms used with capitalization but not defined herein shall have the meanings ascribed thereto by the Assignments. Without limiting the foregoing, the City hereby: (i) consents to the foregoing assignments of the TIF Documents as they relate to the Premises and TIF Note by Original Borrower to Borrower and from Borrower to Lender; and (ii) agrees, from and after the date of the Assignments upon notice by Lender or its successors and assigns, of an Event of Default beyond any applicable cure periods by Borrower under the Loan Documents between Borrower and Lender, to make all payments on the TIF Note described in the Assignments to Lender or its designee at such address as it shall be directed in writing if such request is accompanied by a statement from Lender that the LenderÓs designee is entitled to the payments under the TIF Note. In addition to providing the Borrower notice of default under the Development Agreement concerning or affecting the Premises, the City agrees to provide Lender, its successors and assigns, with copies of any notice of default given under the Development Agreement concerning or affecting the Premises and that Lender, its successors and assigns, shall have the right but not the obligation to cure any such default on behalf of the Borrower within the time specified in the Development Agreement, provided that should possession of the Premises be necessary in order to cure such default, such time shall include a reasonable amount of time for Lender to obtain possession of the Premises and to cure such default. Should an Event of Default occur under the Development Agreement concerning or affecting the Premises, such that the City has the right to cancel, terminate or rescind the TIF Note or the Development Agreement, the City shall honor the TIF Note as direct obligations to Lender, its nominee, successors or assigns, for the remaining unpaid principal balance thereof, provided that Lender, its nominee, successors or assigns has assumed in writing the remaining unfulfilled obligations of the Borrower under the TIF Documents and cured the Event of Default under the Development Agreement except Events of Default due solely from a bankruptcy filing by the Borrower or foreclosure of the Mortgage. The City further acknowledges and agrees that the Development Agreement and all of the City Council Packet Page Number 104 of 253 G4, Attachment 2 CityÓs rights under the Development Agreement, including but not limited to the receipt and application of any proceeds of insurance shall, in all respects, be subject and subordinate to the rights of the Lender under the Mortgage. The term ÐMortgageÑ shall include the Mortgage and any amendments, supplements, modifications, renewals, extensions or replacements thereto. IN WITNESS WHEREOF, the undersigned have caused this Acknowledgement, Consent and Subordination Agreement of City to be executed as of the date below. SIGNATURE PAGES FOLLOW City Council Packet Page Number 105 of 253 G4, Attachment 2 City of Maplewood Dated: , 2021 By: Name: Marylee Abrams Its: Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on , 2021, by Marylee Abrams, the Mayor of the City of Maplewood. Notary Public (City Signature Page to Acknowledgment, Consent and Subordination Agreement of City) City Council Packet Page Number 106 of 253 G4, Attachment 2 City of Maplewood Dated: , 2021 By: Name: Melinda Coleman Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on , 2021, by Melinda Coleman, the City Manager of the City of Maplewood. Notary Public (City Signature Page to Acknowledgment, Consent and Subordination Agreement of City) THIS INSTRUMENT WAS DRAFTED BY: Peter B. Tiede Tiede Grabarski PLLC 4770 White Bear Parkway, Suite LL20 White Bear Lake, MN 55110 Telephone: (651) 964-251 City Council Packet Page Number 107 of 253 G4, Attachment 3 City Council Packet Page Number 108 of 253 G4, Attachment 3 City Council Packet Page Number 109 of 253 G5 City Council Packet Page Number 110 of 253 G5 City Council Packet Page Number 111 of 253 G5, Attachment 1 City Council Packet Page Number 112 of 253 G5, Attachment 1 : PURPOSE OF AGREEMENT : RECOGNITION : DEFINITIONS : UNION SECURITY : EMPLOYER SECURITY : EMPLOYER AUTHORITY : WORK SCHEDULES : CALL BACK : STAND BY : MEAL AND REST PERIODS : OVERTIME : PROBATIONARY PERIODS : SENIORITY : JOB POSTING : DISCIPLINE : GRIEVANCE PROCEDURE/ARBITRATION : VACATION / ANNUAL LEAVE : HOLIDAYS : SICK LEAVE : LEAVES OF ABSENCE : INJURY ON DUTY : INSURANCE : UNIFORMS : TRAVEL AND MEAL ALLOWANCE : PERSONNEL FILES : NONDISCRIMINATION : LEGAL DEFENSE : REQUIRED LICENSES : SAFETY : LEADPERSON : TOOLS : EDUCATION : RESERVED : WAGE SCHEDULE : WAIVER : SAVINGS CLAUSE : DURATION City Council Packet Page Number 113 of 253 G5, Attachment 1 : PURPOSE OF AGREEMENT : RECOGNITION 3 City Council Packet Page Number 114 of 253 G5, Attachment 1 : DEFINITIONS 4 City Council Packet Page Number 115 of 253 G5, Attachment 1 : UNION SECURITY 5 City Council Packet Page Number 116 of 253 G5, Attachment 1 : EMPLOYER SECURITY : EMPLOYER AUTHORITY : WORK SCHEDULES 6 City Council Packet Page Number 117 of 253 G5, Attachment 1 7 City Council Packet Page Number 118 of 253 G5, Attachment 1 : CALL BACK : STAND BY 8 City Council Packet Page Number 119 of 253 G5, Attachment 1 : MEAL AND REST PERIODS : OVERTIME 9 City Council Packet Page Number 120 of 253 G5, Attachment 1 : PROBATIONARY PERIODS : SENIORITY 10 City Council Packet Page Number 121 of 253 G5, Attachment 1 : JOB POSTING 11 City Council Packet Page Number 122 of 253 G5, Attachment 1 : DISCIPLINE : GRIEVANCE PROCEDURE/ARBITRATION 12 City Council Packet Page Number 123 of 253 G5, Attachment 1 : VACATION / ANNUAL LEAVE 13 City Council Packet Page Number 124 of 253 G5, Attachment 1 : HOLIDAYS : SICK LEAVE 14 City Council Packet Page Number 125 of 253 G5, Attachment 1 : LEAVES OF ABSENCE 15 City Council Packet Page Number 126 of 253 G5, Attachment 1 16 City Council Packet Page Number 127 of 253 G5, Attachment 1 ARTICLE 21 (RESERVED) : INJURY ON DUTY 17 City Council Packet Page Number 128 of 253 G5, Attachment 1 : INSURANCE 18 City Council Packet Page Number 129 of 253 G5, Attachment 1 19 City Council Packet Page Number 130 of 253 G5, Attachment 1 : UNIFORMS : TRAVEL AND MEAL ALLOWANCE 20 City Council Packet Page Number 131 of 253 G5, Attachment 1 : PERSONNEL FILES : NONDISCRIMINATION : LEGAL DEFENSE 21 City Council Packet Page Number 132 of 253 G5, Attachment 1 : REQUIRED LICENSES : SAFETY : LEADPERSON : TOOLS : EDUCATION : RESERVED 22 City Council Packet Page Number 133 of 253 G5, Attachment 1 : WAGE SCHEDULE 23 City Council Packet Page Number 134 of 253 G5, Attachment 1 : WAIVER : SAVINGS CLAUSE : DURATION 24 City Council Packet Page Number 135 of 253 G5, Attachment 1 25 City Council Packet Page Number 136 of 253 G5, Attachment 1 26 City Council Packet Page Number 137 of 253 G5, Attachment 1 27 City Council Packet Page Number 138 of 253 G5, Attachment 1 28 City Council Packet Page Number 139 of 253 G5, Attachment 1 29 City Council Packet Page Number 140 of 253 G5, Attachment 1 30 City Council Packet Page Number 141 of 253 G6 CITY COUNCILSTAFF REPORT Meeting Date April 12, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Andrea Sindt, City Clerk Regan Beggs, Business License Specialist PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: On-Sale Intoxicating Liquor and Sunday Sales License for Lancer Food and BeverageLLCat Keller Golf Course,2166 Maplewood Drive Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: In accordance with City Code Chapter 6 (Alcoholic Beverages), anapplication for an On-Sale Intoxicating Liquorand Sunday Saleslicense was submitted byLancer Food & Beverage LLC, the new corporation providing food and beverage services at Keller Golf Course, located at 2166 Maplewood Drive. Recommended Action: Motion to approve the On-Sale Intoxicating Liquorand Sunday Saleslicense for Lancer Food and Beverage LLC at Keller Golf Course, 2166 Maplewood Drive. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0.00 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:N/A Strategic PlanRelevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Council approval is required prior to issuance of an On-Sale Intoxicating Liquorand Sunday Sales licenses, per City Code Sec. 6-165and Sec. 6-163, respectively. Background Day-to-day food and beverage service at Keller Golf Course will remain the same under the new corporate owner; Brittany Soggewill continue in her position as General Manager as she has since 2018. City Council Packet Page Number 142 of 253 G6 Under direction of Chief Nadeau, police will be making periodic onsite visits to ensure compliance to eliminate the sale of alcoholic beverages to underage persons, and compliance with the City’s code of ordinances. Attachments None City Council Packet Page Number 143 of 253 G7 CITY COUNCIL STAFF REPORT Meeting Date April 12, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Scott Nadeau, Public Safety Director PRESENTER:Scott Nadeau, Public Safety Director AGENDA ITEM: Agreement with City of St. Paulto Accept Auto Theft Grant Funds Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: City Council approval is requested to sign the agreement and accept the grant money offered. Recommended Action: Motion to approve the agreement with the City of St. Paul accepting auto theft prevention grant funds. 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 SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. City Council approval is required to sign the agreement. Background In 2019, the City of Saint Paul was awarded grant funds for the purposes of reducing motor vehicle theft and theft from motor vehicle in the community. These grant allocated funds were also intended to be shared with neighboring agencies including Maplewood. In furtherance of this work, Saint Paul is supplying Maplewood with up to $50,000 of these remaining grant funds for equipment- related expenses related to prevention of motor vehicle related thefts in the city of Maplewood. Attachments 1.Professional Services Agreement with City of Saint Paul City Council Packet Page Number 144 of 253 G7, Attachment 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into effective July 1, 2019, by and between the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota (“City”), and the City of Maplewood, a municipal corporation under the laws of the State of Minnesota, through the Maplewood Police Department (“Provider”). The City and Provider, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: Provider agrees to provide the services described in this Agreement. Statement of work. Provider agrees to provide services or perform activities as related to its individual entity as described in the attached Scope of Work (Attachment B) and agrees to comply with all special conditions, financial reporting, and other requirements as detailed in the Grant Contract Attachment A. Time For Completion. The services described in Statement of Work shall be commenced on October 1, or date of last signature on grant contract, and will be completed in accordance with the schedule mutually agreed upon through June 30, 2021. Provider shall not proceed with any task outside of the grant award without specific authorization from the Project Manager. There will be no extension of this contract beyond the date outlined above. Project Management. Provider will assign specific individuals as principal project members and ensure that the major work and coordination will remain the responsibility of these individuals during the term of the Agreement. Billings and Payment. Billings, Payment and Reporting. A. For the Provider’s faithful performance of this Agreement, the City hereby agrees to compensate the Provider in the amounts and according to the provisions of Attachment B. Total payments to the Provider shall not exceed $50,000. DOCSOPEN\\MA745\\5\\709119.v2-3/16/21 City Council Packet Page Number 145 of 253 G7, Attachment 1 B. The above amounts shall fully compensate the Provider for all costs. No claim for services and/or costs provided by the Provider, not specifically provided for in this Agreement will be honored by the City. C. The Provider shall submit an itemized invoice as well as detailed backup documents to the City on a quarterly basis. The Provider will be provided with the deadline for submitting the detailed backup after the grant reporting deadlines have been finalized. The Provider shall submit the detailed backup within the budget categories as detailed on Attachment C. Upon receipt of the invoice and verification of the charges by the Project Manager, payment shall be made by the County to Provider within thirty (30) days of receipt. D. Provider shall submit programmatic reporting as detailed on Attachment D, on a quarterly basis. No payments shall be made to Provider without programmatic reports completed by the due date. E. In the event the Provider fails to comply with any terms or conditions of the Agreement or grant award (see Attachment A) or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City’s right to termination as provided in other sections of this Agreement. City Responsibilities. The City will provide Provider with access to any information from City documents, staff, and other sources needed by Provider to complete the work described in this Agreement. Amendment or Changes to Agreement. A. City or Provider may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by the City. B. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement are valid only when reduced to writing and duly signed by the parties. C. Modifications or additional schedules may not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term “this Agreement” includes any future amendments, modifications, and additional schedules made in accordance with these terms. Notices. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement must be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications must be addressed as follows: DOCSOPEN\\MA745\\5\\709119.v2-3/16/21 City Council Packet Page Number 146 of 253 G7, Attachment 1 To the City To the Provider Michele Bunce Ellen Paulseth Accountant Finance Director 367 Grove Street 1830 County Road B East Saint Paul, MN 55101 Maplewood, MN 55109 Survival of Obligations. A. The respective obligations of the parties under these terms and conditions, which by their nature would continue beyond termination, cancellation, or expiration, will survive termination, cancellation, or expiration of this Agreement. B. If a court or governmental agency with proper jurisdiction determines that this Agreement, or a provision of the Agreement is unlawful, this Agreement or that provision, will terminate. If a provision is so terminated but the parties legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement will continue in effect. Records, Dissemination of Information. A. For purposes of this Agreement, the following words and phrases have the meanings given in this section, except where the context clearly indicates that a different meaning is intended. “Work product” means any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that results from Provider’s services under this Agreement. “Supporting documentation” means any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and work products generated under this Agreement. “Business records” means any books, documents, papers, account records and other evidences, whether written, electronic, or in other forma, belonging to Provider and pertaining to work performed under this Agreement. B. All deliverable work products and supporting documentation that directly result from the Provider’s services under this Agreement will be delivered to the City throughout the engagement under this Agreement and at the conclusion of services. C. The Provider agrees not to release, transmit, or otherwise disseminate information associated with or generated as a result of the work performed under this Agreement without prior knowledge and written consent of the City. DOCSOPEN\\MA745\\5\\709119.v2-3/16/21 City Council Packet Page Number 147 of 253 G7, Attachment 1 D. In the event of termination, all documents finished or unfinished, and supporting documentation prepared by the Provider under this Agreement will be delivered to the City by Provider by the termination date and there will be no further obligation of the City to Provider except for payment of amounts due and owing for work performed and expenses incurred to the date and time of termination. E. The parties agree to maintain all business records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Auditor of the State of Minnesota, or other duly authorized representative. F. The parties agree to abide strictly by Chapter 13, Minnesota Government Data Practice Act, and any other applicable data privacy and security laws and regulations. Human Rights/Affirmative Action/Economic Opportunity. Provider agrees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the same. Compliance With Applicable Law. The parties agree to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations and standards established by any agency of such governmental units, insofar as they relate to the performance of the provisions of this Agreement. Each party is responsible to obtain all permits or licenses required for the performance of services under this Agreement as applicable to the actions of the respective party. Conflict of Interest. Provider’s acceptance of this agreement indicates compliance with Chapter 24.03, City of Saint Paul Administrative Code: "Except as permitted by law, no city official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City.” The Provider also affirms that to the best of the Provider's knowledge, their involvement in this contract does not result in a conflict of interest with any part or entity which may be affected by the terms of this contract. The Provider agrees that should any conflict or potential conflict of interest become known tothe Provider, Provider will immediately notify the City of the situation so that a determination can be made about Provider’s ability to continue performing services under this contract. DOCSOPEN\\MA745\\5\\709119.v2-3/16/21 City Council Packet Page Number 148 of 253 G7, Attachment 1 Responsibility for Acts and Omissions. Each party agrees that it will be responsible for its own acts and omissions and the acts and omissions of its employees, elected officials, and agents as they relate to this Agreement and for any liability resulting therefrom, to the extent authorized by law, and will not be responsible for the acts and omissions of the other party or their employees, elected officials, and agents, or for any liability resulting therefrom. The City’s liability is governed and limited by the Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. Provider shall defend and indemnify the City of Saint Paul, its officers, agents, and employees from all claims, actions, or suits of any character brought for or on account of any claimed or alleged injuries or damages received by any person or property, resulting from any act or omission by Provider or any person employed by Provider in carrying out the terms of this Agreement. Each party warrants that it is able to comply with the obligations of this Agreement through commercial insurance or a self-funding program. All insurance policies or self-insurance certificates are open to inspection by the other party and copies of the policies or certificates of self-insurance shall be submitted to a party upon written request. Assignment. The City and Provider each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement; and neither the City nor the Provider will assign or transfer their interest in this Agreement without the written consent of the other. Termination. This Agreement will continue in full force and effect until completion of the project unless either party terminates the Agreement. Either party may terminate this Agreement, without or without cause, by providing 60 days written notice to the other party. In the event of termination, the Provider will deliver all work products and supporting documentation developed up to the time of termination. Alterations. Any alteration, variation, modification or waiver of the provisions of the specifications that may have occurred during the bidding process or amendments to this Agreement are valid only when reduced to writing. DOCSOPEN\\MA745\\5\\709119.v2-3/16/21 City Council Packet Page Number 149 of 253 G7, Attachment 1 Interpretation of Agreement, Venue. This Agreement will be interpreted and construed according to the laws of the State of Minnesota. All litigation regarding this agreement must be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. Independent Contractor. It is agreed by the parties, that at all times and for all purposes, within the scope of the Agreement resulting from this solicitation, the relationship of the Provider to the City is that of independent Provider and not that of employee. No statement contained in this Agreement may be construed so as to find the Provider an employee of the City, and Provider is not entitled to any of the rights, privileges, or benefits of Saint Paul employees. Waiver. The waiver by either party of any breach under the terms of this Agreement or any rights or remedies arising under the terms of this Agreement will not constitute a waiver of the party’s right to any rights and/or remedies with respect to any subsequent breach or default of the terms of the Agreement. Subcontracting. Provider agrees not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the City. Insurance. Provider is required to carry insurance of the kind and in the amounts shown below for the life of the Agreement. Certificates for Liability Insurance should state that the City of Saint Paul, its officials, employees, agents and representatives are Additional Insureds. 1. General or Business Liability Insurance $1,500,000 per occurrence $2,000,000 aggregate per project $2,000,000 products/completed operations total limit $1,500,000 personal injury and advertising Policy must include an "all services, products, or completed operations" Endorsement when appropriate. 2. Automobile Insurance Commercial - When commercial vehicles are used in connection with a contract: a. Bodily Injury $750,000 per person $1,000,000 per accident DOCSOPEN\\MA745\\5\\709119.v2-3/16/21 City Council Packet Page Number 150 of 253 G7, Attachment 1 b. Property Damage not less than $50,000 per accident Coverage shall include: hired, non- owned and owned auto Personal - When personal vehicles are used in connection with a contract, the City is not required to be named as Additional Insured, but proof of insurance is required prior to commencement of activities. Provider must provide City with Endorsements from insurance company. a. Bodily Injury $30,000 per person $60,000 per accident b. Property Damage $20,000 per accident Automobile Insurance – When Rental vehicles are used in connection with a contract, the Provider shall either purchase insurance from the rental agency, or provide City with proof of insurance as stated above. 3. Worker’s Compensation and Employer’s Liability. Provider must maintain appropriate Worker’s Compensation coverage as required by Minnesota law. 4. Professional Liability Insurance is required when a contract is for service for which professional liability insurance is available for purchase. a. $1,000,000 per occurrence b. $2,000,000 aggregate 5. General Insurance Requirements a. All policies must be written on an occurrence basis or as acceptable to the City. Certificates of insurance must indicate if the policy is issued on a claims-made or occurrence basis. Agent must state on the certificate if company carries errors and omissions coverage. b. The Provider may not commence any work until Certificates of Insurance covering all of the insurance required for this project is approved and the Project manager has issued a notice to proceed. Insurance must remain in place for the duration of the original contract and any extension periods. c. The City reserves the right to review Provider's insurance policies at any time to verify that City requirements have been met. d) Satisfaction of policy limits required above for General Liability and Automobile Liability Insurance, may be met with the purchase of an umbrella or excess policy. DOCSOPEN\\MA745\\5\\709119.v2-3/16/21 City Council Packet Page Number 151 of 253 G7, Attachment 1 Any excess or umbrella policy will be written on an occurrence basis, and if such policy is not written by the same insurance carrier,the proof of underlying policies shall be provided with any certificate of insurance. Force Majeure. Neither the City nor the Provider may be held responsible for performance if its performance is prevented by acts or events beyond the party’s reasonable control, including, but not limited to: severe weather and storms, earthquake or other natural occurrences, demonstrations, strikes and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive. Entire Agreement. It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters of the Agreement, but it supplements and does not supersede any previous written agreement between the parties. CITY OF MAPLEWOOD CITY OF SAINT PAUL By: By: ___________________________ Marylee Abrams Robert Thomasser Mayor Assistant Chief of Police By: ____________________________ Melinda Coleman City Manager Approved as form: By: __________________________ Steven Heng Attorney, City AttorneyOffice DOCSOPEN\\MA745\\5\\709119.v2-3/16/21 City Council Packet Page Number 152 of 253 G8 CITY COUNCIL STAFF REPORT Meeting Date April 12, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Scott Nadeau, Public Safety Director PRESENTER:Scott Nadeau, Public Safety Director AGENDA ITEM: Access to Criminal Justice Data Networks a. Resolution Approving State of Minnesota Joint Powers Agreement b. Joint Powers Agreement with State of Minnesota c. Court Data Services Subscriber Amendment to CJDN Subscriber Agreement Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The previous Joint Powers Agreement and Subscriber Agreement with the State of Minnesota has expired and new agreements must be signed to continue utilization of and participation in the State and Federal Criminal Justice Data Communications Networks. Recommended Action: a. Motion to adopt the resolution approving State of Minnesota joint powers agreements with the city of Maplewood on behalf of its city attorney and police department. b. Motion to approve the joint powers agreement with State of Minnesota on behalf of the Bureau of Criminal Apprehension and criminal justice data communications network. c. Motion to approve the Court Data Services Subscriber Amendment to CJDN Subscriber Agreement. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $7,680.00/year 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 sign the agreements and execute the resolution. Background The renewal of the Joint Powers Agreement with the Bureau of Criminal Apprehension must be signed for the Police Department and the City Prosecuting Attorney to continue receiving access to criminal justice data communications from not only the State of Minnesota, but the Bureau of City Council Packet Page Number 153 of 253 G8 Criminal Apprehension and the FBI’s National Crime Information Center.Access to this information is required for the Police Department and the Prosecutor to access and send data through these secure networks, and utilize e-Charging. Renewal of the Master Agreement is required every five years. The attached Resolution makes Joseph Kelly, of Kelly and Lemmons, or his successor, the Authorized Representative for the Prosecuting Attorney. Attachments 1. Resolution 2. Joint Powers Agreement with State of Minnesota 3. Master Subscriber Agreement with State of Minnesota City Council Packet Page Number 154 of 253 G8, Attachment 1 RESOLUTION NO. _______________ RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF Maplewood ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Maplewood on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems, and tools over the five-year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension, and the City of Maplewood on behalf of its Prosecuting Attorney and Police Department, are hereby approved. 2. That the Public Safety Director, Scott Nadeau, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 3. That the Attorney, Joseph Kelly, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 4. That Marylee Abrams, the Mayor for the City of Maplewood, and Andrea Sindt, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 12th day of April, 2021. CITY OF MAPLEWOOD _________________________________ By: Marylee Abrams Its Mayor ATTEST:____________________________________ By: Andrea Sindt Its City Clerk City Council Packet Page Number 155 of 253 G8, Attachment 2 SWIFT Contract # 187981 MN0620400 State of Minnesota Joint Powers Agreement 宀 This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Maplewood of behalf of its Police Department ("Governmental Unit"). The BCA and the Governmental Unit may be referred to jointly as “Parties.” Recitals Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. 2 Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA’s systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-Computer System Interface occurs when the Governmental Unit’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Governmental Unit will select a 1 DPS/BCA CJDN JPA_March 2021 City Council Packet Page Number 156 of 253 G8, Attachment 2 SWIFT Contract # 187981 MN0620400 method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit’s employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/ . 2.5 Governmental Unit Resources. To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx . Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/cjisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Governmental Unit conducted a 2 DPS/BCA CJDN JPA_March 2021 City Council Packet Page Number 157 of 253 G8, Attachment 2 SWIFT Contract # 187981 MN0620400 particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Governmental Unit’s method of access is a computer-to-computer interface as described in Clause 2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Governmental Unit’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening. The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. 3 Payment The Governmental Unit currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. The bills are sent quarterly for the amount of One Thousand Nine Hundred Twenty Dollars ($1,920.00) or a total annual cost of Seven Thousand Six Hundred Eighty Dollars ($7,680.00). The Governmental Unit will identify its contact person for billing purposes, and will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA’s Authorized Representative is the person below, or her successor: Name: Dana Gotz, Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue Saint Paul, MN 55106 3 DPS/BCA CJDN JPA_March 2021 City Council Packet Page Number 158 of 253 G8, Attachment 2 SWIFT Contract # 187981 MN0620400 Telephone: 651.793.2007 Email Address: Dana.Gotz@state.mn.us The Governmental Unit’s Authorized Representative is the person below, or his/her successor: Name: Scott Nadeau, Chief Address: 1830 County Rd B E Maplewood, MN 55109 Telephone: 651.249.2602 Email Address: scott.nadeau@maplewoodmn.gov 5Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws, governs the Governmental Unit’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Governmental Unit’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases, the Governmental Unit’s records are subject to examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases, the Governmental Unit’s records are subject to examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 4 DPS/BCA CJDN JPA_March 2021 City Council Packet Page Number 159 of 253 G8, Attachment 2 SWIFT Contract # 187981 MN0620400 8Government Data Practices 8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations; Sanctions For purposes of this clause, “Individual User” means an employee or contractor of Governmental Unit. 9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Governmental Unit and BCA’s determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Governmental Unit’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and 5 DPS/BCA CJDN JPA_March 2021 City Council Packet Page Number 160 of 253 G8, Attachment 2 SWIFT Contract # 187981 MN0620400 the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. 宴宨宥宀客审宬审宮宣宥宀宯宦宀宴宨宩害宀宰审宧宥宀宩宮宴宥宮宴宩宯宮审宬宬容宀宬宥宦宴宀客宬审宮宫 6 DPS/BCA CJDN JPA_March 2021 City Council Packet Page Number 161 of 253 G8, Attachment 2 SWIFT Contract # 187981 MN0620400 The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ Name: _____________________________________________ (PRINTED) (PRINTED) Signed: ____________________________________________ Signed: ____________________________________________ Title: ______________________________________________ Title: ______________________________________________ (with delegated authority) (with delegated authority) Date: ______________________________________________ Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement Name: _____________________________________________ (PRINTED) By: ______________________________________________ Date: _____________________________________________ Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 7 DPS/BCA CJDN JPA_March 2021 City Council Packet Page Number 162 of 253 G8, Attachment 3 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Maplewoodon behalf of its Police Department (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 187981, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 City Council Packet Page Number 163 of 253 G8, Attachment 3 a. “Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master AuthorizationAgreement”) between the Court and the BCA. b. “Court Data Services” means one or more of the services set forthon the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. “Court Records” means all information in any form made available by the Court to Subscriber through the BCAfor the purposes of carrying out this Subscriber Amendment, including: i.“CourtCase Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 2 City Council Packet Page Number 164 of 253 G8, Attachment 3 f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency. i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Servicesshall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties 3 City Council Packet Page Number 165 of 253 G8, Attachment 3 required or authorized by law or court rulein connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4 City Council Packet Page Number 166 of 253 G8, Attachment 3 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks.Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 City Council Packet Page Number 167 of 253 G8, Attachment 3 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 6 City Council Packet Page Number 168 of 253 G8, Attachment 3 10. AVAILABILITY.Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. \[reserved\] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 7 City Council Packet Page Number 169 of 253 G8, Attachment 3 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted byrules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 8 City Council Packet Page Number 170 of 253 G8, Attachment 3 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendmentshall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT.Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 9 City Council Packet Page Number 171 of 253 G8, Attachment 3 1. SUBSCRIBER (AGENCY) 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Subscriber must attach written verification of authority to sign on behalf of and bind the entity, Name: ____________________________________________ (PRINTED) such as an opinion of counsel or resolution. Signed: ___________________________________________ Name: _______________________________________ (PRINTED) Signed: _______________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ Title: ________________________________________ (with delegated authority) Date: ________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Name: _______________________________________ Date: _____________________________________________ (PRINTED) Signed: _______________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Title: ________________________________________ Name: ____________________________________________ (with delegated authority) (PRINTED) Date: ________________________________________ Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ 10 City Council Packet Page Number 172 of 253 G9 CITY COUNCILSTAFF REPORT Meeting Date April 12, 2021 REPORT TO: Melinda Coleman REPORT FROM:StevenLove, Director of Public Works/City Engineer Scott Schultz, Utility/Fleet/Parks Superintendent PRESENTER:StevenLove AGENDA ITEM: Purchase of One Asphalt Paver Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: TheCity ofMaplewood’s proposed 2021–2025Capital Improvement Plan (CIP) identifies the replacement of one asphalt paver in 2021.City Council approval is needed to move forward with this purchase. Recommended Action: Motion to approve the purchase of one asphalt paveranddirect the Mayor andCity Manager to enter into a contractwithJ&K Equipment, Inc for the purchasein the amount of $93,907.00. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$93,907.00. Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:The proposed 2021-2025 CIP identifies $100,000.00 for the replacement of the old asphalt paver.Two quotes were obtained for this purchase. The first quote was from Ziegler Inc. for $97,897.00 and a second quote wasfrom J&K Equipment Inc. for $93,907.00. The costfor this purchase from J&K Equipment Inc. less thetrade in value forthe old unit ($5,000.00) is $88,907.00. This is $11,093.00less than the proposed CIP amount of $100,000.00. The Finance Director has reviewed the fleet fund balance and there are sufficient funds to move forward with this purchase. Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The new replacement asphalt paver will increase work efficiencies and better serve thecurrent and future needs of the Public Works department. City Council Packet Page Number 173 of 253 G9 Background The 2001 asphalt paver is scheduled for replacement because of its age and condition. Asphalt pavers have many high wear moving parts and hydraulic lines. The old unit has failing partsthat are no longerrepairablewhich reducesthe reliability of the paver. The paver is an integral piece of equipment in thefleet used for resurfacing streets, parking lots, park trails and other asphalt areas throughout the City. Two quotes were obtained for this purchase. The following is a summary of the quotes: 1.J&KEquipment, Inc. $93,907.00 2.Ziegler Inc. $97,897.00 Staff recommends proceeding with the purchase of anasphalt paver from J&K Equipment Inc. in the amount $93,907.00. Attachments 1.Quote/Specs fromJ&K Equipment, Inc. 2.Quote/Specs from Ziegler, Inc. 2. 2021CIP Sheet City Council Packet Page Number 174 of 253 G9, Attachment 1 City Council Packet Page Number 175 of 253 G9, Attachment 2 City Council Packet Page Number 176 of 253 G9, Attachment 2 City Council Packet Page Number 177 of 253 G9, Attachment 3 City Council Packet Page Number 178 of 253 J1 CITY COUNCILSTAFF REPORT Meeting Date April 12, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Ron Batty, City Attorney Jeff Thomson, Community Development Director PRESENTER:Ron Batty, City Attorney AGENDA ITEM:Resolution Pursuant to Minnesota Statutes, section 469.174, subd. 10(d) regarding 1375 Frost Avenue (Gladstone House) Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: Astructurally substandard building that poses an imminent threat to public health or safety may be demolished prior to its inclusion in a redevelopment tax increment financing district if, prior to demolition, the city adopts an appropriate resolution. Recommended Action: Motion to adopt the ResolutionRegarding Demolition of Structurally Substandard Building and Inclusion of the Parcel at 1375 Frost Avenue in a Future Redevelopment Tax Increment Financing District. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0.00 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of ReservesOther: N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The city acquired the property as part of its land acquisition and assembly strategy to facilitate redevelopment that is consistent with the Gladstone Neighborhood Redevelopment Plan. Since the city purchased the property, the building and site have remained vacant. Future redevelopment of the site will require the demolition of the building and proceeding with demolition will better prepare and position the site for redevelopment. MA745-32-712170.v1 City Council Packet Page Number 179 of 253 J1 Background In October2018,the City acquired the property at 1375 Frost Avenue, which is commonly known as the Gladstone House. The property is in an area which the City wishes to see redeveloped and in which atax increment financing district islikely to be established in the future. Prior to the acquisition of the property, the City hired LHB, Inc. to evaluate whether the property qualifies for inclusion within a redevelopment tax increment financing district. State statute requires properties included within a redevelopment tax increment financing district to meet certain qualifications, including that more than 50 percent of principal buildings be structurallysubstandard. The August 21, 2018,LHB report concluded that the building on the site was structurally substandard within the meaning of the statute and that more than 15 percent of the parcel was covered by improvements.No repairs or improvements have been made to the building since the LHB report and the building has continued to deteriorate. The statute recognizes that there are circumstances in which a building intended to be included within a redevelopment tax increment district is in such poor physical condition that it poses an imminent threat to public health and safety. Because the presence of astructurally substandard buildingis a qualifying factor in creating a tax increment district, removal of the building prior to establishing the district undercuts that goal. The statute allows a city faced with that situation to adopt a resolution making the requisite findings and declaring itsintent to include the property in a future tax increment district. The resolution must be adopted prior to demolition and the request for certification of a tax increment district must be filed with the county auditor within three years afterdemolition. Essentially, that means the City has three years to establish a redevelopment tax increment financing district that relies on the existence of the (then-demolished) substandard structure. Attachments 1.Resolution Regarding Demolition of Structurally Substandard Building and Inclusion of the Parcel at 1375 Frost Avenue in a Future Redevelopment Tax Increment Financing District MA745-32-712170.v1 City Council Packet Page Number 180 of 253 J1, Attachment 1 CITY OF MAPLEWOOD RESOLUTION REGARDING DEMOLITION OF STRUCTURALLY SUBSTANDARD BUILDING AND INCLUSION OF THE PARCEL AT 1375 FROST AVENUE IN A FUTURE REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT WHEREAS, on October 2, 2018, the City acquired the property located at 1375 Frost Avenue, commonly and adjacent parcels in the future; and WHEREAS,,LHB, Inc. conducted an inspection of the Property, including the interior and exterior of the building located thereon, for the purpose of determining whether the Property qualified for inclusion in a redevelopment tax increment financing district; and WHEREAS, on August 21, 2018, LHB issued a report which concluded that the building located on the Property meets the definition of structurally substandard under Minnesota Statutes, section 469.174, subd. 10(b) and that 37 percent of the Property is covered by buildings, parking lots or other improvements, thus meeting the coverage test of Minnesota Statutes, section 469.174, subd. 10(e); and WHEREAS, no repairs or improvements have been made to the building on the Property since the time of the LHB report and it has continued to deteriorate; and WHEREAS,the structurally substandard building on the Property is in very poor condition and poses an immediate threat to public health and safety, thus requiring demolition prior to the date the Property can be included within a tax increment financing district; and WHEREAS, Minnesota Statutes, section 469.174, subd. 10(d)(2) allows the demolition of a structurally substandard building and inclusion of the parcel in a redevelopment tax increment financing district within three years of the date of demolition if, prior thereto, the City adopts a resolution finding the building to be structurally substandard and the coverage test to be met and expressing the City's intent to incorporate the parcel in a future tax increment financing district. NOW, THEREFORE, BE IT RESOLVEDby the City Council of the City of Maplewood, Minnesota as follows: 1.The principal building on the Property located at 1375 Frost Avenue is hereby found to be structurally substandard within the meaning of Minnesota Statutes, section 469.174, subd. 10(b) and more than 15 percent of the Property is covered by buildings, parking lots or other improvements as defined by Minnesota Statutes, section 469.174, subd. 10(e). 2018,thatwas prepared after an interior and exterior inspection of the Property. No repairs or improvements have been made to the building since the time of the LHB report and it has continued to deteriorate. MA745-32-712170.v1 City Council Packet Page Number 181 of 253 J1, Attachment 1 2.The City hereby declares its intent toinclude the Property in a redevelopment tax increment financing district at a future date and in doing so intends to rely on Minnesota Statutes, section 469.174, subd. 10(d). 3.The City intends to demolish the building in the near future to remove the hazard to public health and safety it poses in its current condition. Adopted by the City Council of the City of Maplewood on April 12, 2021. Approved: Marylee Abrams, Mayor Attest: _____________________________________ Andrea Sindt, City Clerk MA745-32-712170.v1 City Council Packet Page Number 182 of 253 J2 CITY COUNCILSTAFF REPORT Meeting Date April 12, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Ron Batty, City Attorney Jeff Thomson, Community Development Director PRESENTER:Ron Batty, City Attorney AGENDA ITEM:Resolution Pursuant to Minnesota Statutes, section 469.174, subd. 10(d) regarding 1946 English Street(Former Moose Lodge) Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: Astructurally substandard building that poses an imminent threat to public health or safety may be demolished prior to its inclusion in a redevelopment tax increment financing district if, prior to demolition, the city adopts an appropriate resolution. Recommended Action: Motion to adopt the ResolutionRegarding Demolition of Structurally Substandard Building and Inclusion of the Parcel at 1946 English Street in a Future Redevelopment Tax Increment Financing District. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of ReservesOther: N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The city acquired the property as part of its land acquisition and assembly strategy to facilitate redevelopment that is consistent with the Gladstone Neighborhood Redevelopment Plan. Since the city purchased the property, the building and site have remained vacant.Future redevelopment of the site will require the demolition of the building and proceeding with demolition will better prepare and position the site for redevelopment. MA745-24-712264.v1 City Council Packet Page Number 183 of 253 J2 Background In May2019,the City acquired the property at 1946 English Street North, which is the former Moose Lodgesite. The property is in an area which the City wishes to see redeveloped and in which atax increment financing district islikely to be established in the future. Prior to the acquisition of the property, the City hired LHB, Inc. to evaluate whether the property qualifies for inclusion within a redevelopment tax increment financing district. State statute requires properties included within a redevelopment tax increment financing district to meet certain qualifications, including that more than 50 percent of principal buildings be structurallysubstandard. The August 21, 2018,LHB report concluded that the building on the site was structurally substandard within the meaning of the statute and that more than 15 percent of the parcel was covered by improvements.No repairs or improvements have been made to the building since the LHB report and the building has continued to deteriorate.In addition, a water pipe break in early 2021 caused severedamage and threatened the structural integrity of the building. The statute recognizes that there are circumstances in which a building intended to be included within a redevelopment tax increment district is in such poor physical condition that it poses an imminent threat to public health and safety. Because the presence of astructurally substandard buildingis a qualifying factor in creating a tax increment district, removal of the building prior to establishing the district undercuts that goal. The statute allows a city faced with that situation to adopt a resolution making the requisite findings and declaring itsintent to include the property in a future tax increment district. The resolution must be adopted prior to demolition and the request for certification of a tax increment district must be filed with the county auditor within three years afterdemolition. Essentially, that means the City has three years to establish a redevelopment tax increment financing district that relies on the existence of the (then-demolished) substandard structure. Attachments 1.Resolution Regarding Demolition of Structurally Substandard Building and Inclusion of the Parcelat 1946 English Street in a Future Redevelopment Tax Increment Financing District MA745-24-712264.v1 City Council Packet Page Number 184 of 253 J2, Attachment 1 CITY OF MAPLEWOOD RESOLUTION REGARDING DEMOLITION OF STRUCTURALLY SUBSTANDARD BUILDING AND INCLUSION OF THE PARCEL AT 1946 ENGLISH STREET IN A FUTURE REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT WHEREAS, on May 29, 2019, the City acquired the property located at 1946 English Street, nd adjacent parcels in the future; and WHEREAS,,LHB, Inc. conducted an inspection of the Property, including the interior and exterior of the building located thereon, for the purpose of determining whether the Property qualified for inclusion in a redevelopment tax increment financing district; and WHEREAS, on August 21, 2018, LHB issued a report which concluded that the building located on the Property meets the definition of structurally substandard under Minnesota Statutes, section 469.174, subd. 10(b) and that 92 percent of the Property is covered by buildings, parking lots or other improvements, thus meeting the coverage test of Minnesota Statutes, section 469.174, subd. 10(e); and WHEREAS, no repairs or improvements have been made to the building on the Property since the time of the LHB report and it has continued to deteriorate; and WHEREAS,a water pipe break in early 2021 resulted in severe damage and threatened the WHEREAS,the structurally substandard building on the Property is in very poor condition and poses an immediate threat to public health and safety, thus requiring demolition prior to the date the Property can be included within a tax increment financing district; and WHEREAS, Minnesota Statutes, section 469.174, subd. 10(d)(2) allows the demolition of a structurally substandard building and inclusion of the parcel in a redevelopment tax increment financing district within three years of the date of demolition if, prior thereto, the City adopts a resolution finding the building to be structurally substandard and the coverage test to be met and expressing the City's intent to incorporate the parcel in a future tax increment financing district. NOW, THEREFORE, BE IT RESOLVEDby the City Council of the City of Maplewood, Minnesota as follows: 1.The principal building on the Property located at 1946 English Street is hereby found to be structurally substandard within the meaning of Minnesota Statutes, section 469.174, subd. 10(b) and more than 15 percent of the Property is covered by buildings, parking lots or other improvements as defined by Minnesota Statutes, section 469.174, subd. 10(e). MA745-24-712264.v1 City Council Packet Page Number 185 of 253 J2, Attachment 1 2018,thatwas prepared after an interior and exterior inspection of the Property. No repairs or improvements have been made to the building since the time of the LHB report following a water pipe break thatcaused severe damage, declared the building to be a 2.The City hereby declares its intent to include the Property in a redevelopment tax increment financing district at a future date and in doing so intends to relyon Minnesota Statutes, section 469.174, subd. 10(d). 3.The City intends to demolish the building in the near future to remove the hazard to public health and safety it poses in its current condition. Adopted by the City Council of the City of Maplewood on April 12, 2021. Approved: Marylee Abrams, Mayor Attest: _____________________________________ Andrea Sindt, City Clerk MA745-24-712264.v1 City Council Packet Page Number 186 of 253 K1 CITY COUNCILSTAFF REPORT Meeting Date April 12, 2021 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 Receiving Bids and Awarding Construction Contract,Sterling Street Bridge Replacement, City Project 16-25 Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: The City Council should consider approving a resolution receiving bids and awarding a construction contract to Northland Grading and Excavating, for the Sterling Street Bridge Replacement,City Project 16-25. Recommended Action: Motion to approvethe resolution receiving bids and awarding construction contract for the Sterling Street Bridge Replacement, City Project 16-25,to Northland Grading and Excavating. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$726,050.40 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:Construction Contract Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The proposed improvements continuethe City’s investment into improving the condition of the infrastructure throughout the City. Background Fourvalid bids werereceived and tabulatedfor the construction. A summary of the bids isshown below in Table 1. The bidshavebeen checked and tabulated for accuracy. The Engineer’s Estimate for project construction cost was $752,000.00.As seen in Table 1, thebid from Northland Grading and Excavatingof $726,050.40is approximately $26,000 lowerthan the Engineer’s Estimate. City Council Packet Page Number 187 of 253 K1 Bid Tabulation - Table 1 BidderTotal Bid Engineering Estimate$752,000.00 Northland Grading and Excavating$726,050.40 Pember Companies, Inc.$812,392.40 Miller Excavating, Inc.$819,037.33 Lamettie and Sons, Inc.$849,940.00 The low bidder, Northland Grading and Excavating, has not completed a project in the City of Maplewood recently, but has successfully completed similar projects with other local agencies through the Twin Cities metro area. Staff, along with Bolton and Menk, Inc., feel the bid is competitive and are recommending award of the bid. Budget Impact: The estimated total project cost is $958,000.00. This includes the construction contract, indirect costs, project management/inspection/surveying costs by the City’s consultant, and material testing costs. The proposed funding plan includes primarily State Local Bridge Replacement Program (LBRP) funds and Municipal State Aid (MSA) funds. Street Revitalization Funds (SRF) and the Environmental Utility Funds (EUF) may also be used in the final funding plan. On January 14, 2021, the City was notified that Maplewood was selected to receive $538,111.00 in State LBRP funding for the replacement of the Sterling Street Bridge. The LBRP funding significantly reducesthe City’s share of the proposed project costs.The estimated project costs and proposed funding plan have been reviewed by the Finance Director. A final budget adjustment will be made based on the final construction costs after construction is completed. No budget modifications are proposed at this time. Proposed Schedule: Project MilestoneDate Award Contract4/12/2021 Begin ConstructionJune 2021 Substantial CompletionAugust 2021 Attachments 1.Resolution Receiving Bids and Awarding Construction Contract 2.Bolton & Menk – Bid Results Letter 4/5/2021 3.Project Location Map City Council Packet Page Number 188 of 253 K1, Attachment 1 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT WHEREAS, pursuant to resolution passed by the City Council on February 22, 2021, approving plans and specifications and advertising for bidsfor theSterling Street Bridge Replacement, City Project 16-25, and WHEREAS, the plans and specifications were advertised for bids, and WHEREAS, bids were received and opened on March 31, 2021at 10:00 A.M. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFMAPLEWOOD, MINNESOTA that that thebid of Northland Grading and Excavating in the amount of $726,050.40 is the lowest responsible bid for the construction of the Sterling Street Bridge Replacement, City Project 16-25, and the Mayor and the City Manager are hereby authorized and directed toenter into a contract with said bidder for and on behalf of the City. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project and to prepare a budget adjustment based on final construction costs. th Approved this 12day of April, 2021. City Council Packet Page Number 189 of 253 K1, Attachment 2 City Council Packet Page Number 190 of 253 K1, Attachment 2 rd 207 3 street west, suite 201 Northfield, Mn 55057 Fax 507-301-3773 Phone 507-301-3900 4/5/2021 Bolton & Menk, Inc. Cristina M. Mlejnek Cristina, We are a heavy highway contractor based out of Northfield, MN. We focus on heavy civil construction (Highway/County Rd work). We currently have (3) grading crews and (2) pipe crews. Our upper management of (3)has 75+ years of experience in the industry. Our crews are also experienced, professional, and courteous. I have listed a few references of people we worked with in 2020 that you may feel free to reach out to. Dakota County – Jeannine Briol – Const Engineer - (952) 891-7926 – jeannine.briol@co.dakota.mn.us Rice County – Jim Kollar – Asst. County Engineer – (507) 384-6431 – jkollar@co.rice.mn.us Kimley Horn – Luke Moren – Engineer – (651) 643-0489 – luke.moren@kimley-horn.com LKQ – Private – Keith Radloff – (317) 409-8939 – krradloff@lkqcorp.com Our onsite foreman will be Jeremy Johnson. He has 20 years of experience in sewer/water. I have not had experience as an estimator/project manager where Bolton & Menk was involved as the engineer. Please let me know if you need any additional references or information. Thank you, Trey Stevenson Estimator/Project Manager 612.799.7644 City Council Packet Page Number 191 of 253 K1, Attachment 3 TufsmjohTusffuCsjehfSfqmbdfnfouQspkfdu DjuzQspkfdu27.36 TufsmjohTusffuCsjehf Mpdbujpo QspkfduMpdbujpoNbq City Council Packet Page Number 192 of 253 K2 CITY COUNCILSTAFF REPORT Meeting Date April 12, 2021 REPORT TO:Melinda Coleman, City Manager REPORT FROM:Michael Mondor, Fire and EMS Chief PRESENTER:Michael Mondor, Fire and EMS Chief AGENDA ITEM:Resolution Receiving Bidsand Awarding Construction Contractsfor the North Fire Station Construction Project Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: TheCity Council should consider approving a resolution receiving bids and awarding construction contracts for the North Fire Station Construction Project as recommended by Kraus Anderson, the project’s Construction Manager. Recommended Action: Motion to approve the attached resolution receiving bids and awarding construction contracts for the North Fire Station Construction Project. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$8,293,304.50 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: Fire Facility Fund Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. 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 th Advertisement for bids for theNorth Fire Station Construction Project were released on March 5, rd 2021. Bids were opened on March 23, 2021. The bids have been verified and tabulated for accuracy (Attachment 3). The project’s construction manager, Kraus Anderson, has provided contract award recommendations (Attachment 2). Updated Project Timeline: April 12, 2021:Request City Council to approve award bids recommendations. City Council Packet Page Number 193 of 253 K2 May/June, 2021:Staff from the North Fire Station are relocated to the Central (Gladstone) Fire Station. July 2021 (Proposed): Demolition of existing fire station and construction of new fire station begins. May2022:Fire Department occupies new fire station. Budget Impact: Theconstruction estimate for these bid packages was $8,500,000 and bids received represent $8,293,304.50. This total includes the rejection of the elevator bid which will be re-quoted. Itis estimated that the project will be under budget for this portion of the project. Thetotal estimated project cost remains at $13,100,000. Project Funding Plan The improvements are proposed to be financed through a combination of G.O. Capital Improvement bonds, the Fire Station Capital Fund, the IT Fund and an Interfund Loan. Estimated Project Funding Plan Funding SourceTotal Amount% of Total G.O. Improvement Bonds$9,855,95075% Fire Station Capital Fund$2,100,00016% Interfund Loan$1,144,0509% Total Estimated Project Funding:$13,100,000100% Attachments 1.Resolution Receiving Bids and Awarding Construction Contracts 2.Kraus Anderson-Contract Award Recommendation Letter 3.Kraus Anderson-Bid Tabulation 4.AIA Document A132-2009-Standard Form of Agreement Between Owner and Contractor City Council Packet Page Number 194 of 253 K2, Attachment 1 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT WHEREAS, pursuant to resolution passed by the City Council on February 22, 2021, approving plans and specifications and advertising for bidsfor theNorth Fire Station Construction Project,and WHEREAS, the plans and specifications were advertised for bids, and WHEREAS, bids were received and opened on March 23, 2021at 2:00 P.M. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that that thelowest responsible bids for the construction of the North Fire Station have been tabulated. Tabulated bids for all work scopes represent a total amount of $8,293,304.50, and the Mayor and the City Manager are hereby authorized and directed to enter intocontracts with recommendedbidders for and on behalf of the City. th Approved this 12day of April, 2021. City Council Packet Page Number 195 of 253 City Council Packet Page Number 196 of 253 City Council Packet Page Number 197 of 253 City Council Packet Page Number 198 of 253 City Council Packet Page Number 199 of 253 City Council Packet Page Number 200 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 201 of 253 City Council Packet Page Number 202 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 203 of 253 City Council Packet Page Number 204 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 205 of 253 City Council Packet Page Number 206 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 207 of 253 City Council Packet Page Number 208 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 209 of 253 City Council Packet Page Number 210 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 211 of 253 City Council Packet Page Number 212 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 213 of 253 City Council Packet Page Number 214 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 215 of 253 City Council Packet Page Number 216 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 217 of 253 City Council Packet Page Number 218 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 219 of 253 City Council Packet Page Number 220 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 221 of 253 City Council Packet Page Number 222 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 223 of 253 City Council Packet Page Number 224 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 225 of 253 City Council Packet Page Number 226 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 227 of 253 City Council Packet Page Number 228 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 229 of 253 City Council Packet Page Number 230 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 231 of 253 City Council Packet Page Number 232 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 233 of 253 City Council Packet Page Number 234 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 235 of 253 City Council Packet Page Number 236 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 237 of 253 City Council Packet Page Number 238 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 239 of 253 City Council Packet Page Number 240 of 253 K2, Attachment 3 City Council Packet K2, Attachment 3 Page Number 241 of 253 City Council Packet Page Number 242 of 253 K2, Attachment 3 ® TM AIADocument A132 – 2009 Standard Form of Agreement Between Owner and Contractor,Construction Manager as AdviserEdition AGREEMENT made as of the 12th day of Aprilin the year 2021 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: BETWEEN the Owner: The author of this document (Name, legal status, address and other information) has added information needed for its completion. The author may also have City of Maplewood revised the text of the 1830 County Road B E original AIA standard form. Maplewood, MN 55109 AnAdditions and Deletions Reportthat notes added information as well as revisions to the standard and the Contractor: form text is available from the author and should be (Name, legal status, address and other information) reviewed. This document has important legal consequences. Consultation with an « » attorney is encouraged with « » respect to its completion or modification. for the following Project: This document is intended to be used in conjunction (Name, location and detailed description) with AIA Documents A232™– 2009, General Conditions of Maplewood North Fire Station the Contract for 1530 County Road C East Construction, Construction Manager as Adviser Edition; Maplewood, MN 55109 B132™–2009, Standard Form of Agreement Between Owner TheConstruction Manager: and Architect, Construction Manager as Adviser Edition; (Name, legal status, address and other information) and C132™–2009, Standard Form of Agreement Between Kraus AndersonConstruction Company ® Owner and Construction 501 South Eight Street Manager as Adviser. ^AIA Document A232™–2009 is Minneapolis, MN 55404 adopted in this document by reference. Do not use with other general conditions unless this document is The Architect: modified. (Name, legal status, address and other information) Short Elliot Hendrickson, Inc. (SEH®) 3535 Vadnais Center Drive St. Paul, MN 55110 ELECTRONIC COPYINGof any The Owner and Contractor agree as follows. ® portion of this AIADocument to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A132™ –2009 (formerly A101™CMa –1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All ® rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or ® 1 distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:52:11 on 07/23/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes:(1264144690) City Council Packet Page Number 243 of 253 TABLEOFARTICLES 1THE CONTRACT DOCUMENTS 2THE WORK OF THIS CONTRACT 3DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4CONTRACT SUM 5PAYMENTS 6DISPUTE RESOLUTION 7TERMINATION OR SUSPENSION 8MISCELLANEOUS PROVISIONS 9ENUMERATION OF CONTRACT DOCUMENTS 10INSURANCE AND BONDS EXHIBIT A DETERMINATION OF THE COST OF THE WORK ARTICLE 1 THECONTRACTDOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution ofthis Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THEWORKOF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Complete Work Scopes: per plans, specifications and addenda enumerated herein. ARTICLE 3 DATEOFCOMMENCEMENTANDSUBSTANTIALCOMPLETION §3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. As indicated in Section 01 3210 Project Schedule Requirements. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics’ liens and other security interests, the Owner’s time requirement shall be as follows: §3.2 The Contract Time shall be measured from the date of commencement. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than « »(« ») days from the date of commencement, or as follows: « » AIA Document A132™ –2009 (formerly A101™CMa –1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All ® rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or ® 2 distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:52:11 on 07/23/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes:(1264144690) City Council Packet Page Number 244 of 253 Portion of the WorkSubstantial Completion Date Substantial CompletionJune 1, 2022 Final CompletionJuly 31, 2022 , subject to adjustments of this Contract Time as provided in the Contract Documents. « » ARTICLE 4 CONTRACTSUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) \[ X \] Stipulated Sum, in accordance with Section 4.2 below §4.2 Stipulated Sum §4.2.1 The Stipulated Sum shall be « »($ « »), subject to additions and deletions as provided in the Contract Documents. §4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Base Bid Alternate #01 Alternate #02 Total §4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) ItemUnits and LimitationsPrice per Unit ($0.00) §4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) ItemAllowance ARTICLE 5 PAYMENTS §5.1 ProgressPayments §5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: « » AIA Document A132™ –2009 (formerly A101™CMa –1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All ® rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or ® 3 distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:52:11 on 07/23/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes:(1264144690) City Council Packet Page Number 245 of 253 §5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25thday of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the lastday of the followingmonth. §5.1.4 ProgressPaymentsWheretheContractSum is Basedon a Stipulated Sum §5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. §5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of fivepercent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of fivepercent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. §5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety – Five percent ( 95%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. §5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: §5.2 FinalPayment §5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Section 12.2 of AIA Document A232–2009, and to satisfy other requirements, if any, which extend beyond final payment; ARTICLE 6 DISPUTERESOLUTION §6.1 Initial DecisionMaker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232–2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. §6.2 BindingDisputeResolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232–2009, the method of binding dispute resolution shall be as follows: AIA Document A132™ –2009 (formerly A101™CMa –1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All ® rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or ® 4 distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:52:11 on 07/23/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes:(1264144690) City Council Packet Page Number 246 of 253 \[ X \] Litigationpursuant to Section 15.4 of AIA Document A232–2009. ARTICLE 7 TERMINATION ORSUSPENSION §7.1 WheretheContractSum is a Stipulated Sum §7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232–2009. ARTICLE 8 MISCELLANEOUSPROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A232–2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. §8.3 The Owner’s representative: (Name, address and other information) Marylee Abrams, Mayor City of Maplewood 1830 County Road B E Maplewood, MN 55109 §8.4 The Contractor’s representative: (Name, address and other information) « » « » « » « » « » « » §8.5 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days written notice to the other party. §8.6 Other provisions: 8.6.1 SALE TO OWNER AND SALES TAX EXEMPTION. 8.6.1.1 -Owner warrants and represents that it is exempt from Minnesota Sales and Use Taxation with respect to its purchases of materials and supplies under this Agreement. The sale of materials and supplies by Contractor under this Agreement is made by Contractor to Owner, which is exempt from Minnesota Sales and Use Tax. Title to materials delivered under this Agreement shall pass directly from Contractor to Owner, which is solely responsible for payment. Accordingly, Contractor shall not charge or collect any Minnesota Sales Tax on this sale. A copy of Owner’s certificate of exempt status is attached heretoas Exhibit A, if applicable. 8.6.1.2 -Title to materials and supplies shall pass directly from Contractor to Ownerand shallimmediately vest in Owner at the point of delivery. The risk of loss with respect to the materials and supplies shall be borne by Owner at the point of delivery and shall be covered by Owner’s insurance. The obligation to pay for the materials is solely that of Owner, and Owner shall pay Contractor for materials and supplies, in accordance with the terms of this Agreement, after Owner has validated the delivery and condition of the purchased items.Owner shall indemnify, defend, and hold harmless Contractor from and against, any amount of sales tax, penalty, or interest which, through AIA Document A132™ –2009 (formerly A101™CMa –1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All ® rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or ® 5 distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:52:11 on 07/23/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes:(1264144690) City Council Packet Page Number 247 of 253 no fault of Contractor becomes payable by the Contractor by reason of appropriate order of the State of Minnesota related to, in connection with, or arising out of the purchase of materials and supplies under this Agreement. 8.6.1.3 - Contractoris responsible for the scheduling of delivery with the Construction Manager and the unloading of the materials and supplies at the construction site. 8.6.1.4 - Owneror Construction Manager shall have the right to inspect the materials and supplies upon deliveryand report any defects to Contractor, and Contractor shall immediately replace or correct suchdefective materials or supplies. Contractor shall protect all stored items of supplies on the site from damage. 8.6.2 PURCHASE OF MATERIALS EXEMPT FROM SALES TAX. 8.6.2.1 -The Owner hereby appoints the Contractor as its purchasing agent for the purchase of the materials, supplies and equipment used in the performance of the Agreement, to the extent that the Contractor must acquire such materials, supplies and equipment from third parties in order to supply them to the Owner as required by the Agreement. The Owner hereby authorizes the Contractor (acting as Owner's agent) to appoint any material supplier or sub-supplier as a purchasing agent of the Owner for the purchase of such portion of the materials, supplies and equipment as may be designated by the Contractor. References herein to “Purchasing Agent” are to the Contractor, material supplier, or sub-supplier that acts as purchasing agent with respect to particular materials, supplies and equipment. References to “materials, supplies and equipment” in this Section 8.6.2 are to the materials, supplies and equipment purchased by any Purchasing Agent pursuantto this agency appointment. Each contract for the purchase of materials or other agreement that provides for the appointment of a Purchasing Agent shall contain provisions comparable to this Section 8.6.2. 8.6.2.2 - The Purchasing Agent is responsible for the selection of the supplier, the scheduling of delivery and the unloading of the materials, supplies and equipment at the construction site. 8.6.2.3 - Title to the materials, supplies and equipment shall immediately vest in the Owner at the point ofdelivery and all incidents of ownership shall remain in Owner at all times. 8.6.2.4 - The risk of loss with respect to the materials, supplies and equipment shall be that of the Owner and shall be covered by its insurance. 8.6.2.5 - The Purchasing Agent shall, with reasonable care, inspect the materials, supplies and equipment upon delivery and report any defects to the Owner. The Purchasing Agent, as agent for the Owner, shall contact the manufacturer or supplier for immediate replacement or correction of defective materials or supplies. Owner shall be responsible for all defective materials, supplies and equipment. The Purchasing Agent shall take all reasonable precautions to protect all stored items of materials, supplies and equipment on the site from damage. 8.6.2.6 - The Purchasing Agent shall notify all vendors and suppliers of materials, supplies and equipment that it is acting as purchasing agent for the Owner and that the obligation to pay for the materials, supplies and equipment is solely that of the Owner. All purchase orders and other documents furnished to a vendor or supplier shall clearly reflect the agency relationship between the Purchasing Agent and the Owner. The Purchasing Agent shall claim exemption from sales and use taxes with respect to the materials, supplies and equipment. The Purchasing Agent shall include the following language in each purchase agreement or order for materials, supplies and equipment: This purchase is made by Contract Hardware Company, Inc. aspurchasing agent for City of Maplewood. Title to the purchased materials shall pass directly from the seller to City of Maplewood. The obligation to pay for the materials is solely that of City of Maplewood, but invoices may be submitted forpayment to Contract Hardware Company, Inc. as agent for City of Maplewood. This purchase by City of Maplewoodis exempt from sales and use taxation. A copy of City of Maplewoodcertificate of exempt status is attached, if applicable. 8.6.2.7 - The Owner shall pay vendors or suppliers of materials, supplies and equipment after the Purchasing Agent has validated the delivery and condition of the purchased items. 8.6.2.8 - The Owner warrants and represents that it is exempt from Minnesota sales and use taxation with respect to its purchase of materials, supplies and equipment. A copy of the Owner’scertificate of exempt statusis attached AIA Document A132™ –2009 (formerly A101™CMa –1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All ® rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or ® 6 distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:52:11 on 07/23/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes:(1264144690) City Council Packet Page Number 248 of 253 hereto as Exhibit A, if applicable. Each Purchasing Agent designated by Contractor pursuant to the authorization contained in paragraph 8.6.2.1 set forth above shall be a third party beneficiary of this paragraph 8.6.2.8. 8.6.2.9 - It is expressly agreed that Owner shall pay each Purchasing Agent on demand, and shall indemnify and hold harmless Contractor and each Purchasing Agent from and against, any amount of sales or use tax, penalty, or interest which becomes payable by Contractor or the Purchasing Agent directly or on behalf of its subcontractors, sub- subcontractors or vendors by reason of appropriate order of the State of Minnesota related to, in connection with or arising out of the purchase of materials, supplies and equipment. Each Purchasing Agent designated by Contractor pursuant to the authorization contained in paragraph 8.6.2.1 set forth above shall be a third party beneficiary of this paragraph 8.62.9. 8.6.2.10 - If Contractor purchases any materials, supplies and equipment pursuant to this Section 8.6.2, as Purchasing Agent for the Owner, and the Owner directly pays the person that sold such materials, supplies and equipment, then the amount of such payment by the Owner shall be credited against the amount of the Contract Sum set forth in Article 4 of the Agreement. §8.7.1 Prompt Payment to Subcontractors. In accordance with Minnesota law, the Contractor shall include, in all subcontracts and other agreements with its subcontractors and suppliers, a provision which requires the Contractor to pay any of its subcontractors and suppliers within 10 days of the Contractor’s receipt of payment from the Owner, for undisputed services or supplies provided by the subcontractor to supplier. The provision shall also includethe requirement that the Contractor shall pay interest of one and one-half percent (1.5%) per month or any part of a month to the subcontractor or supplier on any undisputed amount not paid on time to the subcontractor or supplier. The provision shall further provide that the minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10; for an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor or supplier; and a subcontractor or supplier who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. ARTICLE 9 ENUMERATIONOFCONTRACTDOCUMENTS §9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. §9.1.1 The Agreement is this executed AIA Document A132–2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. §9.1.2 The General Conditions areAIA Document A232–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. §9.1.3 The Supplementary and other Conditions of the Contract: DocumentTitleDate 00 01 05Certifications Page –Volume 1 & 202/26/21 00 01 08Project Directory02/26/21 00 0110Table of Contents02/26/21 0031 32Geotechnical Data02/26/21 §9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) « » SectionTitleDate Division 01General Requirements02/26/21 Division 02Existing Conditions02/26/21 Division 03Concrete02/26/21 Division 04Masonry02/26/21 AIA Document A132™ –2009 (formerly A101™CMa –1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All ® rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or ® 7 distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:52:11 on 07/23/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes:(1264144690) City Council Packet Page Number 249 of 253 Division 05Metals02/26/21 Division 06Wood, Plastics and Composites02/26/21 Division 07Thermal and Moisture Protection02/26/21 Division 08Openings02/26/21 Division 09Finishes02/26/21 Division 10Specialties02/26/21 Division 12Furnishings02/26/21 Division 13Not Used Division 14Conveying Equipment02/26/21 Division 15 – 20Not Used02/26/21 Division 21Fire Suppression02/26/21 Division 22Plumbing02/26/21 Division 23HVAC02/26/21 Division 24 – 25Not Used Division 26Electrical02/26/21 Division 27Communications02/26/21 Division 28Electronic Safety and Security02/26/21 Division 31Earthwork02/26/21 Division 32Exterior Improvements02/26/21 Division 33Utilities02/26/21 Division 34Transportation02/26/21 §9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) « » NumberTitleDate A001 GENERAL INFORMATION AND ABBREVIATIONS 2/26/2021 A002 CODE INFORMATION 2/26/2021 A003 CODE INFORMATION CONT. 2/26/2021 A004 CODE PLAN -FIRST LEVEL2/26/2021 A005 CODE PLAN -SECOND LEVEL 2/26/2021 A006 PARTITION TYPES AND CONSTRUCTION ASSEMBLIES2/26/2021 A101 OVERALL FLOOR PLAN 2/26/2021 A102 OVERALL FLOOR PLAN 2/26/2021 A103 FLOOR PLANS 2/26/2021 A104 FLOOR PLAN 2/26/2021 A105 FLOOR PLAN 3/15/2021 A106 REFLECTED CEILING PLANS 2/26/2021 A107 REFLECTED CEILING PLANS 2/26/2021 A108 ROOF PLAN 3/10/2021 A200 EXTERIOR ELEVATIONS 3/17/2021 A301 BUILDING SECTIONS 2/26/2021 A311 WALL SECTIONS3/17/2021 A312 WALL SECTIONS3/17/2021 A401 ENLARGED FLOOR PLANS 2/26/2021 A402 ENLARGED FLOOR PLANS 3/15/2021 A403 INTERIOR ELEVATIONS 3/15/2021 AIA Document A132™ –2009 (formerly A101™CMa –1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All ® rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or ® 8 distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:52:11 on 07/23/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes:(1264144690) City Council Packet Page Number 250 of 253 A501 DETAILS 3/17/2021 A502DETAILS3/17/2021 A503 DETAILS 3/15/2021 A504DETAILS3/17/2021 A505 DETAILS 3/17/2021 A506DETAILS3/15/2021 A507 DETAILS 3/15/2021 A601DOOR SCHEDULE3/15/2021 A602 DOOR FRAME/ WINDOW TYPES 2/26/2021 A603ROOM FINISH SCHEDULE3/15/2021 C100EXISTING CONDITIONS AND REMOVAL PLAN 3/17/2021 C101SITE PLAN3/17/2021 C102UTILITY PLAN 3/17/2021 C103SANITARY AND WATER PLAN AND PROFILE2/26/2021 C104GRADING PLAN 3/17/2021 C105GRADING POINT PLAN 3/17/2021 C106EROSION CONTROL AND TURF ESTABLISHMENT PLAN 3/17/2021 C107CONCRETE JOINT LAYOUT PLAN NORTH 3/17/2021 C108CONCRETE JOINT LAYOUT PLAN SOUTH 3/17/2021 C109SWPPP 2/26/2021 C110SWPPP 2/26/2021 C111TYPICAL SECTIONS 2/26/2021 C112BIOINFILTRATION BASIN TYPICAL 2/26/2021 C113DETAILS 2/26/2021 C114DETAILS 2/26/2021 C115DETAILS 2/26/2021 C116DETAILS 2/26/2021 C117MNDOT PEDESTRIAN CURB RAMP DETAILS 2/26/2021 C118MNDOT PEDESTRIAN CURB RAMP DETAILS 2/26/2021 C119MNDOT PAVEMENT JOINT DETAILS 2/26/2021 C120MNDOT PAVEMENT JOINT DETAILS 2/26/2021 E100FIRST LEVEL POWER PLAN 3/15/2021 E101SECOND LEVEL POWER PLAN 3/15/2021 E200FIRST LEVEL LIGHTING PLAN 2/26/2021 E201SECOND LEVEL LIGHTING PLAN3/15/2021 E202LIGHTING ELEVATIONS 3/15/2021 E300FIRST LEVEL LIGHTING CONTROLS PLAN 2/26/2021 E301SECOND LEVEL LIGHTING CONTROLS PLAN 2/26/2021 E400ELECTRICAL SCHEDULES & DETAILS 3/15/2021 E401ELECTRICAL SCHEDULES & DETAILS 3/15/2021 G001 COVER SHEET2/26/2021 L100OVERALL PLANTING PLAN 3/17/2021 L101ENLARGED PLANTING PLAN 3/17/2021 L200PLANTING SCHEDULE & NOTES 3/17/2021 AIA Document A132™ –2009 (formerly A101™CMa –1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All ® rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or ® 9 distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:52:11 on 07/23/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes:(1264144690) City Council Packet Page Number 251 of 253 L201PLANTING DETAILS 2/26/2021 L300EXISTING TREE & VEGETATION PROTECTION PLAN3/17/2021 L301EXISTING TREE & VEGETATION PROTECTION DETAILS 2/26/2021 L400LANDSCAPE IRRIGATION DIRECTIVE PLAN3/17/2021 M100 FIRST LEVEL PIPING PLAN 2/26/2021 M101SECOND LEVEL PIPING PLAN2/26/2021 M200 FIRST LEVEL HVAC PLAN 3/17/2021 M201SECOND LEVEL HVAC PLAN3/17/2021 M300 MECHANICAL DETAILS & SCHEDULES2/26/2021 M301MECHANICAL DETAILS2/26/2021 MEP100EQUIPMENT SCHEDULE 2/26/2021 MEP101EQUIPMENT SCHEDULE2/26/2021 MEP200MECHANICAL, ELECTRICAL AND PLUMBING ROOF PLAN 2/26/2021 MEP300MECHANICAL, ELECTRICAL, PLUMBING SITE PLAN2/26/2021 P100 FIRST LEVEL UNDERFLOOR PLUMBING PLAN2/26/2021 P101 FIRST LEVEL ABOVE FLOOR PLUMBING PLAN 3/15/2021 P102 SECOND LEVEL ABOVE FLOOR PLUMBING PLAN 3/15/2021 P103 WASTE & VENT RISER PLAN 2/26/2021 P104 WATER RISER PLAN 2/26/2021 S001 GENERAL STRUCTURAL NOTES 2/26/2021 S002 GENERAL STRUCTURAL NOTES 2/26/2021 S003 GENERAL STRUCTURAL ABBREVIATIONS AND SYMBOLS 2/26/2021 S100 OVERALL FOUNDATION PLAN 2/26/2021 S101 FOUNDATION PLAN -OFFICE AREA 2/26/2021 S102 FOUNDATION PLAN -APPARATUS AREA2/26/2021 S110 Overall Level 2 AND MEZZANINE FLOOR FRAMING PLAN 2/26/2021 S111 FLOOR AND LOW ROOF FRAMING PLAN-OFFICE AREA 2/26/2021 S112 MEZZANINE FLOOR FRAMING PLAN - APPARATUS AREA2/26/2021 S120 OVERALL ROOF FRAMING PLAN 2/26/2021 S121 ROOF FRAMING PLAN - OFFICE AREA 2/26/2021 S122 ROOF FRAMING PLAN - APPARATUS AREA 2/26/2021 S201 ENLARGED PLANS 2/26/2021 S202 TRASH ENCLOSURE PLAN AND DETAILS 2/26/2021 S301 BUILDING SECTIONS 2/26/2021 S501 FOUNDATION DETAILS 2/26/2021 S502 FOUNDATION DETAILS 2/26/2021 S503 FOUNDATION DETAILS 2/26/2021 S504 FOUNDATION DETAILS 2/26/2021 S511 FRAMING DETAILS 2/26/2021 S521 MASONRY DETAILS 2/26/2021 S531 PRECAST DETAILS2/26/2021 S532 PRECAST DETAILS2/26/2021 S540 STEEL DETAILS2/26/2021 S541 STEEL DETAILS2/26/2021 AIA Document A132™ –2009 (formerly A101™CMa –1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All ® rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or ® 10 distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:52:11 on 07/23/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes:(1264144690) City Council Packet Page Number 252 of 253 S542 STEEL DETAILS2/26/2021 S601SCHEDULES2/26/2021 §9.1.6 The Addenda, if any: NumberDatePages Addendum 0103/09/212 Addendum 0203/15/2137 Addendum 0303/17/2187 Portions of Addenda relating tobidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. §9.1.7 Additional documents, if any, forming part of the Contract Documents are: .4 Other documents, if any, listed below: ARTICLE10 INSURANCEANDBONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232–2009. Type of Insurance or BondLimit of Liability or Bond Amount ($0.00) As indicated in the A232-2009 General Conditions 100% ofContract Sum This Agreement is entered into as of the day and year first written above. City of Maplewood OWNER (Signature)CONTRACTOR (Signature) Marylee Abrams, Mayor (Printed name and title)(Printed name and title) AIA Document A132™ –2009 (formerly A101™CMa –1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All ® rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or ® 11 distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:52:11 on 07/23/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes:(1264144690) City Council Packet Page Number 253 of 253