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2021-08-09 City Council Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 9,2021 City Hall, Council Chambers Meeting No. 15-21 A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE C.ROLL CALL D.APPROVAL OF AGENDA E.APPROVAL OF MINUTES 1.July 26, 2021City CouncilMeeting Minutes F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update 2.Council Presentations 3.Retirement of K-9 Officer “Kody” a.Resolution Pertaining to the Retirement and Ownership of Maplewood Service Dog (K-9) “Kody” b.Agreement to Assume Ownership of Retired Canine 4.Resolution of Appreciation for Bruce Thompson, Community Design Review Board 5.Resolution of Appreciation for Matt Ledvina, Community Design Review Board 6.Strategic Plan Update for Second Quarter 2021 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.Maplewood Historical Society Annual Appropriation 3.Elevator Quotations for the North Fire Station Construction Project 4.Resolution Directing Modification of Existing Construction Contract, Change Order No. 2 and No. 3, North Fire Station Construction Project H.PUBLIC HEARINGS– If you are here for a Public Hearing please familiarizeyourself 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.Lot Width Variance Resolution, 2010 Edgerton Street North 2.Setback Variance and Conditional Use Permit Resolution, 2134 Arcade Street North 3.Purchase Agreement with Barostas LLC for Sale of Property at 2228 Maplewood Drive 4.Resolution in Support ofthe St. Paul Regional Water Services’ Watering Restrictions 5.McMenemyStreet Improvement Project, City Project 21-02 a.Resolution Ordering the Preparation of a Feasibility Study b.Use of Bolton and Menk, Inc. for Professional Services 6.Resolution Ordering Preparation of Feasibility Study, Cope Avenue Improvements, City Project 21-06 7.Resolution Ordering Preparation of Feasibility Study, Gervais Area Pavement Rehabilitation, City Project 21-07 K.AWARD OF BIDS None L.ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000to 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 simplerules, 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 councilmembers 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 councilmembers, 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 7:00 P.M. Monday, July 26, 2021 City Hall, Council Chambers Meeting No. 14-21 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at7:00p.m. by Mayor Abrams. Mayor Abrams gave an update on the drought and voluntary water conservation efforts of St Paul Regional Water Services. B.PLEDGE OF ALLEGIANCE Tyler Parizek, John Boros, & James Williams with Boy Scout Troop #9461led the council in the pledge of allegiance. C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave,CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent William Knutson, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added to Council Presentations: Mowing Lawns Commissioner Reinhardt Follow-up CouncilmemberJuenemann moved to approve the agenda as amended. Seconded by CouncilmemberCaveAyes – All The motion passed. E.APPROVAL OF MINUTES 1.July 12,2021City CouncilMeeting Minutes CouncilmemberJuenemann moved to approve the July 12, 2021City CouncilMeeting Minutes as submitted. Seconded by CouncilmemberCaveAyes – All The motion passed. F.APPOINTMENTS AND PRESENTATIONS Council Packet Page Number 1 of 208 E1 1.Administrative Presentations a.Council Calendar Update City Manager Coleman gave an update to the council calendarandreviewed other topics of concern or interest requested by councilmembers. 2.Council Presentations The following items were added to Council Presentations: Mowing Lawns Councilmember Juenemannrequested residents let their lawns grow a little longer, which results in less watering and will conserve water during the drought. Commissioner Reinhardt Follow-up Mayor Abramsreported on her follow-up conversationwith Commissioner Reinhardt regarding the Ramsey County HRA Levy. 3.Swearing-In Ceremony – Police Officers Terrell Her and Tawny Mattheis Public Safety Director Bierdemanaddressed the council and introduced the new officers. City Clerk Sindt administered the oaths.Officers Mattheis and Her each addressed the council after the pinning of their badges. 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. Agenda item G3 was highlighted. CouncilmemberJuenemannmoved to approve agenda items G1-G3. Seconded by CouncilmemberCaveAyes – All The motion passed. 1.Approval of Claims CouncilmemberJuenemannmoved to approve the approval of claims. ACCOUNTS PAYABLE: $ 162,071.44 Checks # 107680 thru # 107702 dated 07/13/21 $ 423,297.28 Checks # 107703 thru # 107723 dated 07/20/21 Council Packet Page Number 2 of 208 E1 $ 1,101,403.89 Disbursements via debits to checking account dated 07/05/21 thru 07/18/21 $ 1,686,772.61 Total Accounts Payable PAYROLL $ 643,546.04 Payroll Checks and Direct Deposits dated 07/09/21 $ 643,546.04 Total Payroll $ 2,330,318.65 GRAND TOTAL Seconded by CouncilmemberCaveAyes – All The motion passed. 2.Financial Report for the Month Ended June 30, 2021 No Action Required 3.Resolution Dedicating Local Funding for Minnesota DNR Shade Tree Program Bonding Grant CouncilmemberJuenemannmoved to approve the resolution to dedicate a total of $33,750.00 of funds in the Fees for Service line item (Budget Code 101-516-000-4480) of the Forestry Budget as a cash match for the Minnesota DNR Shade Tree Program Bonding Grant. Resolution 21-07-1967 DEDICATING LOCAL FUNDING FOR MINNESOTA DNR SHADE TREE PROGRAM BONDING GRANT Whereas, the Minnesota DNR has $1 million available in general obligation bond dollars to fund projects managing forest pest and disease (with priority given to EAB) through community forestry activities on public lands, and awards grants to local units of government to replace ash trees removed from public lands in response to emerald ash borer; WHEREAS, the Minnesota DNR Shade Tree Program Bonding Grant assist local units of government within Minnesota that use strategic actions to reduce the impacts of emerald ash borer (EAB) on community forests; WHEREAS, the Minnesota DNR prioritizes applicants with a known emerald ash borer infestation within their boundaries for removal and replacement of ash trees, projects removing and replacing ash trees that pose significant public safety concerns and that benefit underserved populations and areas of concern for environmental justice for the 2021 Shade Tree Program Bonding Grants; WHEREAS, on April 6, 2021, the City of Maplewood was notified that the Council Packet Page Number 3 of 208 E1 Minnesota DNR had awarded the City of Maplewood $45,038.00 in grant funds through the Minnesota DNR Shade Tree Program Bonding Grant, for boulevard ash tree replacement plantings; WHEREAS, the Minnesota DNR Shade Tree program Bonding Grant requires the City to provide $33,750.00 of cash matching as part of thegrant agreement; and WHEREAS, the Minnesota Management and Business office is requiring the City to provide a resolution formally dedicating proof of funding for the City's matching funds; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes 1.A total of $33,750.00 of funds in the Fees for Service line item (Budget Code 101-516-000-4480) of the Forestry Budget are to be dedicated to the Minnesota DNR Shade Tree Grant Program as the City’s required cash matching contribution, for the grant period of 2021- 2024. Seconded by CouncilmemberCaveAyes – All The motion passed. H.PUBLIC HEARINGS– If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with theCity 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 None K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at7:36 p.m. Council Packet Page Number 4 of 208 F1a Council Packet Page Number 5 of 208 F1a Council Packet Page Number 6 of 208 F3 Council Packet Page Number 7 of 208 F3 Council Packet Page Number 8 of 208 F3, Attachment 1 Council Packet Page Number 9 of 208 F3, Attachment 1 Marylee Abrams, Mayor Andrea Sindt, City Clerk Council Packet Page Number 10 of 208 F3, Attachment 2 AGREEMENT TO ASSUME OWNERSHIP OF RETIRED CANINE Council Packet Page Number 11 of 208 F4 CITY COUNCILSTAFF REPORT Meeting Date August 9, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, Assistant Community Development Director PRESENTER:Jeff Thomson,CommunityDevelopment Director AGENDA ITEM: Resolution of Appreciation for Bruce Thompson,Community Design Review Board Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: When citizen members end their time of service on a board or commission, the city considers adoption of a resolution of appreciation recognizing the individual for their time committed to serving Maplewood. Recommended Action: Motion to approve a resolution of appreciation for Community Design Review Boardmember Bruce Thompson. 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. sand commissions and works to provide recognition for members upon resignation. Background Bruce Thompsonrecently resigned as a member of the Maplewood Community Design Review Board.The city council appointed Mr. Thompsonto the Community Design Review Boardon October 8, 2018and heserved until April 20, 2021. Attachments 1.Resolution of Appreciation for Bruce Thompson Council Packet Page Number 12 of 208 F4, Attachment 1 RESOLUTION OF APPRECIATION WHEREAS, Bruce Thompsonhas been a member of the Maplewood Community Design Review Boardsince October 8, 2018and has served faithfully in that capacity untilApril 20, 2021; and WHEREAS, the Community Design Review Boardand the City Council has appreciated Bruceexperience, insights and good judgment; and WHEREAS, Brucehas freely given of histime and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Brucehas shown sincere dedication to hisduties and has consistently contributed hisleadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Bruce Thompsonis hereby extended our gratitude and appreciation for hisdedicated service. Passed by the Maplewood City Council on ___________, 2021 ____________________________________ Marylee Abrams, Mayor Passed by the Maplewood Community Design Review Board On July 27, 2021 ____________________________________ Bill Kempe,Chairperson Attest: ________________________________ Andrea Sindt, City Clerk Council Packet Page Number 13 of 208 F5 CITY COUNCILSTAFF REPORT Meeting Date August 9, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, Assistant Community Development Director PRESENTER:Jeff Thomson, Community Development Director AGENDA ITEM: Resolution of Appreciation for Matt Ledvina,Community Design Review Board Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: When citizen members end their time of service on a board or commission, the city considers adoption of a resolution of appreciation recognizing the individual for their time committed to serving Maplewood. Recommended Action: Motion to approve a resolution of appreciation for Community Design Review Boardmember Matt Ledvina. 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. sand commissions and works to provide recognition for members upon resignation. Background Matt Ledvinarecently submitted his resigned as a member of the Maplewood Community Design Review Board.The city council appointed Mr. Ledvinafirst to the Planning Commission and then later to the Community Design Review Boardserving fromMarch 10, 1997upuntil July 27, 2021. Attachments 1.Resolution of Appreciation for Matt Ledvina Council Packet Page Number 14 of 208 F5, Attachment 1 RESOLUTION OF APPRECIATION WHEREAS, Matt Ledvinahas been a member first of the Maplewood Planning Commission and later the Community Design Review Boardsince March 10, 1997and has served faithfully until July 27, 2021; and WHEREAS, the Planning Commission, Community Design Review Boardand the City Council has appreciated Mattexperience, insights and good judgment; and WHEREAS, Matthas freely given of histime and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Matthas shown sincere dedication to hisduties and has consistently contributed hisleadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Matt Ledvinais hereby extended our gratitude and appreciation for hisdedicated service. Passed by the Maplewood City Council on ___________, 2021 ____________________________________ Marylee Abrams, Mayor Passed by the Maplewood Community Design Review Board On July 27, 2021 ____________________________________ Bill Kempe,Chairperson Attest: ________________________________ Andrea Sindt, City Clerk Council Packet Page Number 15 of 208 F6 Council Packet Page Number 16 of 208 F6 Council Packet Page Number 17 of 208 F6, Attachment 1 Council Packet Page Number 18 of 208 F6, Attachment 1 Council Packet Page Number 19 of 208 F6, Attachment 1 Council Packet Page Number 20 of 208 F6, Attachment 1 Council Packet Page Number 21 of 208 F6, Attachment 1 Council Packet Page Number 22 of 208 F6, Attachment 1 Council Packet Page Number 23 of 208 F6, Attachment 1 Council Packet Page Number 24 of 208 F6, Attachment 1 Council Packet Page Number 25 of 208 F6, Attachment 1 Council Packet Page Number 26 of 208 F6, Attachment 1 Council Packet Page Number 27 of 208 F6, Attachment 1 Council Packet Page Number 28 of 208 F6, Attachment 1 Council Packet Page Number 29 of 208 F6, Attachment 1 Council Packet Page Number 30 of 208 F6, Attachment 1 Council Packet Page Number 31 of 208 F6, Attachment 1 Council Packet Page Number 32 of 208 F6, Attachment 1 Council Packet Page Number 33 of 208 F6, Attachment 1 Council Packet Page Number 34 of 208 F6, Attachment 1 Council Packet Page Number 35 of 208 F6, Attachment 1 Council Packet Page Number 36 of 208 F6, Attachment 1 Council Packet Page Number 37 of 208 F6, Attachment 1 Council Packet Page Number 38 of 208 F6, Attachment 1 Council Packet Page Number 39 of 208 F6, Attachment 1 Council Packet Page Number 40 of 208 F6, Attachment 1 Council Packet Page Number 41 of 208 F6, Attachment 1 Council Packet Page Number 42 of 208 F6, Attachment 1 Council Packet Page Number 43 of 208 F6, Attachment 1 Council Packet Page Number 44 of 208 Council Packet F6, Attachment 2 Page Number 45 of 208 Council Packet Page Number 46 of 208 F6, Attachment 2 Council Packet F6, Attachment 2 Page Number 47 of 208 Council Packet Page Number 48 of 208 F6, Attachment 2 Council Packet F6, Attachment 2 Page Number 49 of 208 Council Packet Page Number 50 of 208 F6, Attachment 2 Council Packet F6, Attachment 3 Page Number 51 of 208 Council Packet Page Number 52 of 208 F6, Attachment 3 o o o Council Packet F6, Attachment 3 Page Number 53 of 208 Council Packet Page Number 54 of 208 o o F6, Attachment 3 Council Packet F6, Attachment 3 Page Number 55 of 208 Council Packet Page Number 56 of 208 F6, Attachment 3 Council Packet F6, Attachment 3 Page Number 57 of 208 Council Packet Page Number 58 of 208 o o o o F6, Attachment 3 Council Packet F6, Attachment 3 Page Number 59 of 208 Council Packet Page Number 60 of 208 F6, Attachment 3 o o o Council Packet F6, Attachment 3 Page Number 61 of 208 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 62 of 208 G1 CITY COUNCIL STAFF REPORT Meeting Date August 9, 2021 REPORT TO:Melinda Coleman, City Manager REPORT FROM:Ellen Paulseth, Finance Director Ellen Paulseth, Finance Director PRESENTER: AGENDA ITEM:Approval of Claims MotionDiscussionPublic Hearing Action Requested: Resolution Proclamation Form of Action:OrdinanceContract/Agreement Policy Issue: The City Manager has reviewed the bills and authorized payment in accordance with City Council policies. Recommended Action: Motion to approve the approval of claims. ACCOUNTS PAYABLE: $ 705,955.35 Checks # 107724 thru # 107771 dated 07/27/21 $ 1,473,721.39 Checks # 107772 thru # 107803 dated 08/03/21 $ 2,313,018.35 Disbursements via debits to checking account dated 07/19/21 thru 08/01/21 $ 4,492,695.09 Total Accounts Payable PAYROLL $ 630,289.16 Payroll Checks and Direct Deposits dated 07/23/21 $ 630,289.16 Total Payroll $ 5,122,984.25 GRAND TOTAL Background A detailed listing of these claim has been provided. 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 1.Listing of Paid Bills Council Packet Page Number 63 of 208 G1, Attachments Check Register City of Maplewood CheckDateVendorDescriptionAmount 10772407/27/202105114BOLTON & MENK, INC.PROJ 19-22 CO RD B & ARCADE7,105.50 10772507/27/202100283CENTURY COLLEGEBUS EXTRICATION COURSE625.00 10772607/27/202101949GARY L FISCHLER & ASSOC PALEADERSHIP & MGMT EVALUATION1,000.00 07/27/202101949GARY L FISCHLER & ASSOC PALEADERSHIP & MGMT EVALUATION1,000.00 07/27/202101949GARY L FISCHLER & ASSOC PALEADERSHIP & MGMT EVALUATION1,000.00 07/27/202101949GARY L FISCHLER & ASSOC PALEADERSHIP & MGMT EVALUATION1,000.00 10772707/27/202100985METROPOLITAN COUNCILWASTEWATER - AUGUST303,460.53 10772807/27/202101202NYSTROM PUBLISHING CO INCMAPLEWOOD LIVING - JULY7,466.29 10772907/27/202105670PETERSON COUNSELING/CONSULTINGCONSULTING SERVICES - MAY2,400.00 07/27/202105670PETERSON COUNSELING/CONSULTINGCONSULTING SERVICES - JULY1,500.00 10773007/27/202101337RAMSEY COUNTY-PROP REC & REV911 DISPATCH SERVICES - JUNE38,891.45 07/27/202101337RAMSEY COUNTY-PROP REC & REVCAD SERVICES - JUNE5,327.37 07/27/202101337RAMSEY COUNTY-PROP REC & REVFLEET SUPPORT FEES - JUNE726.96 10773107/27/202101409S E HNEW FIRE STATION5,226.00 10773207/27/202104845TENNIS SANITATION LLCRECYCLING FEE - JUNE62,536.68 10773307/27/202104192TRANS-MEDICEMS BILLING - JUNE8,040.95 10773407/27/202101819WINDSTREAMLOCAL PHONE SERVICE 06/15 - 07/14596.99 10773507/27/202101190XCEL ENERGYELECTRIC & GAS UTILITY3,802.28 07/27/202101190XCEL ENERGYELECTRIC & GAS UTILITY2,421.20 07/27/202101190XCEL ENERGYELECTRIC & GAS UTILITY269.70 07/27/202101190XCEL ENERGYELECTRIC & GAS UTILITY225.91 07/27/202101190XCEL ENERGYFIRE SIRENS54.28 10773607/23/202105786COLONIAL LIFE PROCESSING CTRMONTHLY PREMIUM BCN:E4677316-MAY300.70 07/23/202105786COLONIAL LIFE PROCESSING CTRMONTHLY PREMIUM BCN:E4677316-JUN300.70 10773707/23/202105834US BANCORP GOV'T LEASING & FINANCEFIRE TRUCK LEASE PMT 077-0020196-00347,538.32 10773807/27/202106160AWARDS NETWORKEMPLOYEE RECOGNITION AWARDS 2021400.00 07/27/202106160AWARDS NETWORKEMPLOYEE RECOGNITION AWARDS 2021150.00 10773907/27/202106030CENTENNIAL FLOORINGFLOORING INSTALL PD/CH4,760.00 10774007/27/202103874COMMERCIAL FURNITURE SERVICESFURNITURE - PD PROPERTY ROOM3,212.51 10774107/27/202106227CUSTOM ONE HOMES, LLC.ESCROW REL 2667 NEW CENTURY PL E3,500.00 10774207/27/202103463EBERT CONSTRUCTIONNORTH FIRE STATION CONST PROJ1,995.00 07/27/202103463EBERT CONSTRUCTIONNORTH FIRE STATION CONST PROJ864.50 07/27/202103463EBERT CONSTRUCTIONNORTH FIRE STATION CONST PROJ712.50 10774307/27/202100003ESCROW REFUNDESCROW REL SVK 2135 LARPENTEUR5,084.52 10774407/27/202100003ESCROW REFUNDESCROW REL NOBERG 1706 ROSEWOOD3,500.00 10774507/27/202100003ESCROW REFUNDESCROW REL R SCHRIER 0 ARKWRIGHT3,500.00 10774607/27/202100477ESS BROTHERS & SONS INCHDPE MANHOLE ADJ RINGS788.97 10774707/27/202105064FIRE CATT, LLCFIRE HOSE TESTING5,452.80 10774807/27/202106254GENERAL SHEET METAL CO. LLCNORTH FIRE STATION CONST PROJ4,750.00 10774907/27/202106009HEALTHCALL, LLCCOMMUNITY PARAMEDIC SOFTWARE-JUN920.00 10775007/27/202105533KIRVIDA FIREAPPARATUS & PUMP MAINT & TEST3,051.59 07/27/202105533KIRVIDA FIREAPPARATUS & PUMP MAINT & TEST1,445.74 07/27/202105533KIRVIDA FIREAPPARATUS & PUMP MAINT & TEST1,298.00 07/27/202105533KIRVIDA FIREAPPARATUS & PUMP MAINT & TEST1,277.00 07/27/202105533KIRVIDA FIREAPPARATUS & PUMP MAINT & TEST1,236.53 07/27/202105533KIRVIDA FIREAPPARATUS & PUMP MAINT & TEST571.47 07/27/202105533KIRVIDA FIREAPPARATUS & PUMP MAINT & TEST294.93 10775107/27/202101897KRAUS-ANDERSON CONSTRUCTION COCONSTRUCTION MGMT SRVS-NFS PROJ21,694.80 07/27/202101897KRAUS-ANDERSON CONSTRUCTION COCONSTRUCTION MGMT SRVS-NFS PROJ7,500.00 10775207/27/202100917MACQUEEN EMERGENCYSCBA FLOW TESTS3,850.00 07/27/202100917MACQUEEN EMERGENCYTRASH HOOK150.05 10775307/27/202100532MADDEN GALANTER HANSEN, LLPHR ATTORNEY FEE LABOR REL-JUNE1,489.40 10775407/27/202104318MILLER EXCAVATING, INC.FILL DISPOSAL124.50 10775507/27/202106246MN BOARDWALKS, LLCNATURE CENTER IMPROVEMENT PROJ27,650.00 10775607/27/202101126NCPERS GROUP LIFE INS. MNMONTHLY PREMIUM - AUGUST528.00 Council Packet Page Number 64 of 208 G1, Attachments 10775707/27/202106257NINE NORTHPRODUCTION SERVICES - JUNE844.00 10775807/27/202101175CITY OF NORTH ST PAULMONTHLY UTILITIES - JUNE4,016.20 10775900001REIMB T BAMBENEK - SPRINKLER REPAIR150.00 07/27/2021ONE TIME VENDOR 10776007/27/202102903PARK CONSTRUCTION COESCROW REL 2521 WHITE BEAR AVE N300.00 10776105103MEDICAL EVALUATION EXAMS311.00 07/27/2021PERFORMANCE PLUS LLC 10776207/27/202105167PYROTECHNIC DISPLAY, INC.FIREWORKS DISPLAY FOR JULY 4TH 202116,500.00 10776306014TREE INSPECTION SRVS - MAY312.11 07/27/2021REHDER FORESTRY CONSULTING 10776406237PLAYGROUND SAFETY SURFACING6,326.21 07/27/2021SAFETYFIRST 10776506122WEEDING - MAY2,085.00 07/27/2021SANDSTROM LAND MANAGEMENT 07/27/202106122SANDSTROM LAND MANAGEMENTWEEDING - JUNE & JULY920.00 10776601836ST LIGHT LOCATES & RELAMPING SRVS871.00 07/27/2021ST PAUL, CITY OF 07/27/202101836ST PAUL, CITY OFADAPTIVE FTO COURSE300.00 01836ST LIGHT LOCATES & RELAMPING SRVS142.51 07/27/2021ST PAUL, CITY OF 10776707/27/202106251THORNBERG STEELNORTH FIRE STATION CONST PROJ46,227.00 06251NORTH FIRE STATION CONST PROJ9,500.00 07/27/2021THORNBERG STEEL 10776807/27/202105842MIKE TURNBULLFIRE MARSHAL SERVICES 03/04 - 03/19912.00 10776902464PAYING AGENT & ACCEPTANCE FEE500.00 07/27/2021US BANK 07/27/202102464US BANKPAYING AGENT & ACCEPTANCE FEE500.00 10777007/27/202105291VEIT & COMPANY, INC.ESCROW REL 914 BARTELMY LN N300.00 10777107/27/202105241WARNING LITES OF MN, INC.SIGNS-STOP AHEAD & TEMP NO PARKING368.70 705,955.35 Checks in this report. 48 Council Packet Page Number 65 of 208 G1, Attachments Check Register City of Maplewood CheckDateVendorDescriptionAmount 10777207/28/202106225BREMER BANK NATIONAL ASSOC.INTEREST PAYMENT FOR 2020A BONDS53,430.00 10777305114PROJ 16-25 STERLING ST BRIDGE2,727.50 08/03/2021BOLTON & MENK, INC. 08/03/202105114BOLTON & MENK, INC.GENERAL GIS ASSISTANCE2,040.00 05114PROF SRVS SEPTIC SYS-2554 HALLER219.00 08/03/2021BOLTON & MENK, INC. 10777408/03/202106084LINCOLN FINANCIAL GROUPMONTHLY PREMIUM - JULY8,611.30 10777504845RECYCLING FEE - JULY62,536.68 08/03/2021TENNIS SANITATION LLC 10777608/03/202105525USDA, APHIS, GENERALDEER REMOVAL THRU 05/31/211,368.71 10777701190ELECTRIC UTILITY14,756.60 08/03/2021XCEL ENERGY 08/03/202101190XCEL ENERGYELECTRIC & GAS UTILITY1,265.90 01190ELECTRIC UTILITY463.43 08/03/2021XCEL ENERGY 08/03/202101190XCEL ENERGYELECTRIC UTILITY56.06 01190GAS UTILITY40.29 08/03/2021XCEL ENERGY 08/03/202101190XCEL ENERGYGAS UTILITY39.74 01190ELECTRIC UTILITY18.76 08/03/2021XCEL ENERGY 10777808/03/2021010473MPAYGO PAYMENT FOR 1ST HALF 2021376,566.70 10777908/03/202106040ACI ASPHALT & CONCRETE, INC.VISTA HILLS PARK TENNIS/BASKETBALL95,024.62 10778008/03/202100043ADAM'S PEST CONTROL INCQUARTERLY SERVICE - PARK BUILDING62.17 10778108/03/202104848AVESISMONTHLY PREMIUM - AUGUST446.03 10778208/03/202105641CHP MAPLEWOOD MN OWNER, LLCTIF PMT TO DEVELOPER 1ST HALF 2021114,400.61 10778308/03/202105786COLONIAL LIFE PROCESSING CTRMONTHLY PREMIUM BCN:E4677316-JUL300.70 10778408/03/202100453EHLERS, INC.TIF CONSULTING2,325.00 08/03/202100453EHLERS, INC.TIF CONSULTING1,912.50 08/03/202100453EHLERS, INC.TIF CONSULTING1,593.75 08/03/202100453EHLERS, INC.TIF CONSULTING472.50 10778508/03/202104371ELECTRO WATCHMAN INC.REMOVE HARDWARE FOR DEMO NFS290.00 10778608/03/202100003ESCROW REFUNDESCROW HY-VEE - 2521 WHITE BEAR AVE5,000.00 10778708/03/202100003ESCROW REFUNDESCROW REL R HALL 1973 BARCLAY ST300.00 10778808/03/202100477ESS BROTHERS & SONS INCSANITARY SEWER CASTINGS/COVERS4,486.40 10778908/03/202105258LMS IRRIGATION, INC.PROJ 19-10 SPRINKLER 2526 JAMES949.53 10779008/03/202103818MEDICAMONTHLY PREMIUM - AUGUST181,307.41 10779108/03/202104318MILLER EXCAVATING, INC.FILL DISPOSAL60.00 10779208/03/202104092NORTHWEST ASPHALT, INC.PROJ 20-09 SOUTHCREST-FERNDALE522,612.67 10779308/03/202100001ONE TIME VENDORREIMB FRANKENBERG SPRINKLER SYS513.52 10779408/03/202100001ONE TIME VENDORREFUND M SALMI - TRANS MEDIC85.50 10779508/03/202100001ONE TIME VENDORREIMB E FIERST - SPRINKLER SYS REPAIR42.91 10779608/03/202100001ONE TIME VENDORREFUND V MALENE - TRANS MEDIC22.50 10779708/03/202100001ONE TIME VENDORREFUND K KOBERNICK - TRANS MEDIC18.12 10779808/03/202105918PERKINS + WILL INC.PONDS AT BATTLE CREEK PLAN1,178.60 10779908/03/202106111QUADIENT FINANCE USA, INC.POSTAGE - CITY HALL POSTAGE MACHINE3,000.00 10780008/03/202101340REGIONS HOSPITALMEDICAL SUPPLIES1,154.10 10780108/03/202102001CITY OF ROSEVILLE1920 RICE ST LIGHT-SHARED XCEL BILL57.74 10780208/03/202105176T-MOBILE USAGPS LOCATES150.00 10780308/03/202103825VAN DYKE STREET HOMESTIF PMT TO DEVELOPER 1ST HALF 202111,813.84 1,473,721.39 Checks in this report. 32 Council Packet Page Number 66 of 208 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 7/19/2021Delta DentalDental Premium3,536.66 7/19/2021MN State TreasurerDrivers License/Deputy Registrar25,100.38 7/20/2021MN State TreasurerDrivers License/Deputy Registrar81,334.25 7/20/2021MN Dept of RevenueSales Tax967.00 7/20/2021MN Dept of RevenueFuel Tax333.74 7/21/2021Delta DentalDental Premium935.00 7/21/2021MN State TreasurerDrivers License/Deputy Registrar23,411.21 7/22/2021MN State TreasurerDrivers License/Deputy Registrar50,537.94 7/22/2021MN State TreasurerState Payroll Tax26,592.23 7/23/2021MN Dept of Natural ResourcesDNR electronic licenses687.56 7/23/2021MN State TreasurerDrivers License/Deputy Registrar77,916.36 7/23/2021Optum HealthDCRP & Flex plan payments484.37 7/23/2021P.E.R.A.P.E.R.A.135,387.84 7/23/2021U.S. TreasurerFederal Payroll Tax115,749.01 7/23/2021US Bank VISA One Card*Purchasing card items65,649.88 7/26/2021Delta DentalDental Premium2,244.70 7/26/2021Empower - State PlanDeferred Compensation26,809.00 7/26/2021ICMA (Vantagepointe)Deferred Compensation7,660.00 7/26/2021ICMA (Vantagepointe)Retiree Health Savings900.00 7/26/2021Labor UnionsUnion Dues1,952.62 7/26/2021MidAmericaHRA Flex Plan - AUL16,241.90 7/26/2021MN State TreasurerDrivers License/Deputy Registrar57,602.71 7/27/2021MN State TreasurerDrivers License/Deputy Registrar54,103.81 7/28/2021MN State TreasurerDrivers License/Deputy Registrar98,280.62 7/29/2021MN State TreasurerDrivers License/Deputy Registrar103,447.88 7/29/2021US BankDebt Service Payments1,258,226.26 7/30/2021MN Dept of Natural ResourcesDNR electronic licenses965.55 7/30/2021MN State TreasurerDrivers License/Deputy Registrar73,320.76 7/30/2021Optum HealthDCRP & Flex plan payments2,639.11 2,313,018.35 *Detailed listing of VISA purchases is attached. Council Packet Page Number 67 of 208 G1, Attachments Purchasing Card Items Transaction DatePosting DateMerchant NameTransaction AmountName GRAINGERDAVE ADAMS 7/14/20217/15/2021$45.16 OFFICE DEPOT #1090REGAN BEGGS 7/2/20217/8/2021$59.08 7/8/20217/9/2021SPSWORKS$194.60REGAN BEGGS OFFICE DEPOT #1090REGAN BEGGS 7/12/20217/15/2021$26.91 7/12/2021OFFICE DEPOT #1090REGAN BEGGS 7/15/2021$49.73 APPLE.COM/BILLBRIAN BIERDEMAN 7/8/20217/9/2021$8.58 BEST BUY MHT 00000109DANIEL BUSACK 7/2/20217/5/2021($138.52) BEST BUY MHT 00000109DANIEL BUSACK 7/2/20217/5/2021$138.52 7/6/20217/7/2021BEST BUY MHT 00000109$92.33DANIEL BUSACK IACPDANIEL BUSACK 7/6/20217/8/2021$425.00 7/8/20217/9/2021EXPEDIA 72126497752607$6.53DANIEL BUSACK DELTA AIR 0067571980250DANIEL BUSACK 7/8/20217/12/2021$108.40 DELTA AIR 0067571980251DANIEL BUSACK 7/8/20217/12/2021$108.40 AMERICAN AIR0017571979043DANIEL BUSACK 7/8/20217/12/2021$280.20 7/8/20217/12/2021AMERICAN AIR0017571979044$280.20DANIEL BUSACK PAYPAL *NTOADANIEL BUSACK 7/9/20217/12/2021$294.00 7/12/20217/13/2021GRANDMAS BAKERY$55.20DANIEL BUSACK CARIBOU COFFEE CO #155DANIEL BUSACK 7/12/20217/14/2021$30.04 IN *SUN CONTROL OF MINNESDANIEL BUSACK 7/14/20217/16/2021$433.90 TWIN CITY FILTER SERVICESCOTT CHRISTENSON 6/30/20217/5/2021$534.79 6/30/2021TWIN CITY FILTER SERVICESCOTT CHRISTENSON 7/5/2021$100.64 TWIN CITY FILTER SERVICESCOTT CHRISTENSON 6/30/20217/5/2021$82.60 7/7/20217/8/2021OVERHEAD DOOR COMPANY OF$1,927.00SCOTT CHRISTENSON SHERWIN WILLIAMS 703127SCOTT CHRISTENSON 7/8/20217/9/2021$201.84 7/8/20217/12/2021THE HOME DEPOT #2801$13.39SCOTT CHRISTENSON JOHNSTONE SUPPLY BLOOMINGSCOTT CHRISTENSON 7/9/20217/12/2021$137.00 7/14/20217/15/2021VIKING ELECTRIC-CREDIT DE$103.17SCOTT CHRISTENSON FRANKLIN PLANNERMELINDA COLEMAN 7/10/20217/12/2021$55.09 7/15/20217/16/2021FESTIVAL FOODS #1$100.12MELINDA COLEMAN COSTCO WHSE #1021MELINDA COLEMAN 7/15/20217/16/2021$102.56 7/6/20217/7/2021EVEREST EMERGENCY VEHICLE$295.45SHAWN CONWAY EVEREST EMERGENCY VEHICLESHAWN CONWAY 7/6/20217/7/2021$1,132.66 7/8/20217/12/2021BREEZY POINT RESORT INTL$615.00SHAWN CONWAY ASSOCIATION OF MINNESOSHAWN CONWAY 7/8/20217/12/2021$225.00 7/9/20217/12/2021EVEREST EMERGENCY VEHICLE$1,400.00SHAWN CONWAY EVEREST EMERGENCY VEHICLESHAWN CONWAY 7/9/20217/12/2021$2,118.75 7/9/20217/12/2021KREMER SERVICES$386.40SHAWN CONWAY TOMMYS EXP CW - MN108SHAWN CONWAY 7/9/20217/12/2021$10.00 7/13/20217/15/2021MINN FIRE SVC CERT BOARD$1,535.00SHAWN CONWAY TRUGREEN LP *5650SHAWN CONWAY 7/14/20217/15/2021$125.00 7/15/20217/16/2021EVEREST EMERGENCY VEHICLE$1,361.65SHAWN CONWAY GALLSKERRY CROTTY 7/7/20217/8/2021$1,442.58 7/7/20217/9/2021IACP$370.00KERRY CROTTY GALLSKERRY CROTTY 7/8/20217/9/2021$137.76 CORT FURNITURE RENTALRICHARD DAWSON 7/2/20217/5/2021$197.39 USPCAJOSEPH DEMULLING 7/7/20217/9/2021($120.00) 7/7/20217/8/2021STREICHER'S MO$1,486.62MICHAEL DUGAS TREX ARMSMICHAEL DUGAS 7/7/20217/9/2021$608.00 7/14/20217/15/2021PIONEER PRESS ADV$1,080.80CHRISTINE EVANS CINTAS CORPCASSIE FISHER 7/9/20217/12/2021$49.99 7/13/20217/14/2021SLICE*NINOSPIZZERIA$117.88CASSIE FISHER AMZN MKTP US*293IM5OP2MYCHAL FOWLDS 7/2/20217/5/2021$396.15 7/3/20217/5/2021COMCAST CABLE COMM$25.04MYCHAL FOWLDS AMZN MKTP US*298RB01K0MYCHAL FOWLDS 7/5/20217/6/2021$403.44 7/6/20217/7/2021VZWRLSS*APOCC VISB$7,467.82MYCHAL FOWLDS VISION33 INCMYCHAL FOWLDS 7/7/20217/8/2021$5,520.00 7/7/20217/8/2021SUPPLIESOUTLET.COM$104.33MYCHAL FOWLDS AMAZON.COM*296Q30QH0MYCHAL FOWLDS 7/9/20217/12/2021$25.98 7/10/20217/12/2021AT&T*BILL PAYMENT$31.25MYCHAL FOWLDS ALLSTREAMMYCHAL FOWLDS 7/14/20217/15/2021$61.26 7/11/20217/13/2021AMZN MKTP US($23.56)NICK FRANZEN MENARDS OAKDALE MNTAMARA HAYS 7/6/20217/8/2021$175.18 7/7/20217/8/2021SITEONE LANDSCAPE SUPPLY,$414.12TAMARA HAYS THE HOME DEPOT 2801TAMARA HAYS 7/9/20217/12/2021$81.94 7/14/20217/16/2021THE HOME DEPOT #2801$11.84TAMARA HAYS VERSALOK OAKDALEGARY HINNENKAMP 7/1/20217/5/2021$59.95 7/9/20217/12/2021NORTHERN TOOL EQUIP-MN$259.99GARY HINNENKAMP DEPARTMENT OF LABOR AND IRANDY JOHNSON 7/8/20217/12/2021$50.00 7/8/20217/9/2021CUB FOODS #1599$15.43LOIS KNUTSON SHRED-IT USA LLCLOIS KNUTSON 7/8/20217/9/2021$70.59 7/4/20217/5/2021CUB FOODS #1599$41.90ERIC KUBAT Council Packet Page Number 68 of 208 G1, Attachments 7/10/2021THE HOME DEPOT #2801ERIC KUBAT 7/12/2021$11.87 SIRCHIE FINGER PRINT LABOJASON KUCHENMEISTER 7/7/20217/13/2021$3.75 IN *ARROWHEAD SCIENTIFICJASON KUCHENMEISTER 7/8/20217/12/2021$166.93 ULINE *SHIP SUPPLIESJASON KUCHENMEISTER 7/9/20217/12/2021$226.87 7/13/20217/14/2021AMAZON.COM*298VC9RT0 AMZN$64.26MIKE MARTIN GREEN MILL WOODBURYMICHAEL MONDOR 7/13/20217/14/2021$81.12 7/13/2021MINN FIRE SVC CERT BOARDMICHAEL MONDOR 7/15/2021$3,740.00 AMERICAN HEART SHOPCPRMICHAEL MONDOR 7/14/20217/15/2021$144.00 AMAZON.COM*295FV0LW2BRYAN NAGEL 7/3/20217/5/2021$121.96 CINTAS CORPBRYAN NAGEL 7/3/20217/5/2021$66.99 7/3/20217/5/2021CINTAS CORP$101.82BRYAN NAGEL CINTAS CORPBRYAN NAGEL 7/3/20217/5/2021$17.04 7/8/20217/9/2021CINTAS CORP$104.37BRYAN NAGEL CINTAS CORPBRYAN NAGEL 7/8/20217/9/2021$171.50 CINTAS CORPBRYAN NAGEL 7/8/20217/9/2021$59.17 CINTAS CORPBRYAN NAGEL 7/8/20217/9/2021$16.35 7/8/20217/9/2021CINTAS CORP$30.79BRYAN NAGEL ZORO TOOLS INCBRYAN NAGEL 7/8/20217/9/2021$314.05 7/14/20217/15/2021CINTAS CORP$134.45BRYAN NAGEL CINTAS CORPBRYAN NAGEL 7/14/20217/15/2021$123.57 CINTAS CORPBRYAN NAGEL 7/14/20217/15/2021$30.79 CINTAS CORPBRYAN NAGEL 7/14/20217/15/2021$18.06 7/14/2021CINTAS CORPBRYAN NAGEL 7/15/2021$16.35 MENARDS OAKDALE MNJOHN NAUGHTON 7/13/20217/15/2021$4.68 7/7/20217/9/2021CALIBRE PRESS$259.00MICHAEL NYE OAKDALE RENTAL CENTERERICK OSWALD 7/8/20217/9/2021$284.00 7/15/20217/16/2021MINNESOTA GOVERNMENT FINA$230.00ELLEN PAULSETH LIFE ASSIST INCKENNETH POWERS 7/2/20217/5/2021$516.60 7/6/20217/8/2021BOUND TREE MEDICAL LLC$588.92KENNETH POWERS BOUND TREE MEDICAL LLCKENNETH POWERS 7/14/20217/16/2021$242.16 7/1/20217/5/20210391-AUTOPLUS$99.95STEVEN PRIEM TRUCK UTILITIES STSTEVEN PRIEM 7/2/20217/7/2021($14.37) 7/6/20217/8/2021BOYER FORD TRUCKS$460.34STEVEN PRIEM 0391-AUTOPLUSSTEVEN PRIEM 7/6/20217/8/2021$79.95 7/7/20217/8/2021LTG POWER EQUIPMENT$34.24STEVEN PRIEM ZIEGLER INC COLUMBUSSTEVEN PRIEM 7/7/20217/8/2021$567.32 7/8/20217/12/20210391-AUTOPLUS$79.95STEVEN PRIEM 0391-AUTOPLUSSTEVEN PRIEM 7/8/20217/12/2021$92.95 7/9/20217/12/20210391-AUTOPLUS($79.95)STEVEN PRIEM POMP S TIRE #021STEVEN PRIEM 7/9/20217/12/2021$2,578.76 7/12/20217/14/20210391-AUTOPLUS$150.07STEVEN PRIEM AN FORD WHITE BEAR LAKSTEVEN PRIEM 7/12/20217/14/2021$49.22 7/13/20217/14/2021FRONTIER AG HASTINGS$117.49STEVEN PRIEM POMP S TIRE #021STEVEN PRIEM 7/13/20217/14/2021$1,560.12 7/13/20217/15/2021MENARDS MAPLEWOOD MN$9.86STEVEN PRIEM STEPP MANUFACTURING CO INSTEVEN PRIEM 7/13/20217/15/2021$469.00 ZAHL PMCSTEVEN PRIEM 7/14/20217/15/2021$153.30 TRI-STATE BOBCATSTEVEN PRIEM 7/14/20217/15/2021$148.37 7/15/20217/16/2021MACQUEEN EQUIPMENT GROUP$80.65STEVEN PRIEM THE STAR TRIBUNE ONLINETERRIE RAMEAUX 7/9/20217/12/2021$650.00 7/9/20217/12/2021MN RECREATION AND PARK A$125.00AUDRA ROBBINS ON SITE SANITATION INCAUDRA ROBBINS 7/12/20217/14/2021$2,864.00 7/14/20217/15/2021DALCO ENTERPRISES$251.48AUDRA ROBBINS CINTAS CORPAUDRA ROBBINS 7/14/20217/15/2021$112.86 7/12/20217/13/2021OAKDALE RENTAL CENTER$284.00ROBERT RUNNING MENARDS MAPLEWOOD MNJASON SAKRY 7/6/20217/8/2021$24.99 7/1/20217/5/2021SUBURBAN AUTO BODY$3,991.09MICHAEL SHORTREED EMERGENCY AUTOMOTIVE TEMICHAEL SHORTREED 7/6/20217/7/2021$1,374.33 7/6/20217/7/2021EMERGENCY AUTOMOTIVE TE$1,374.33MICHAEL SHORTREED KUNO SERVICES LLCMICHAEL SHORTREED 7/7/20217/8/2021$171.80 7/9/20217/12/2021EMERGENCY AUTOMOTIVE TE$45.00MICHAEL SHORTREED GREAT RIVER OFFICE PRODUCMICHAEL SHORTREED 7/9/20217/12/2021$1,294.92 7/13/20217/15/2021BLINDS.COM #2150$64.34MICHAEL SHORTREED SCSU DRIVING RANGEMICHAEL SHORTREED 7/15/20217/16/2021$455.00 7/13/20217/14/2021BRUNSON'S$18.64JOSEPH STEINER AXONJOSEPH STEINER 7/13/20217/15/2021$1,802.50 7/13/20217/15/2021MENARDS HUDSON WI$6.30JOSEPH STEINER THE BUSINESS JORNALSJEFF THOMSON 7/3/20217/5/2021$135.00 7/6/20217/7/2021PAYPAL *GARDESYSTEM$128.99ERIC ZAPPA BOUND TREE MEDICAL LLCERIC ZAPPA 7/7/20217/9/2021$221.18 7/14/20217/16/2021BOUND TREE MEDICAL LLC$100.45ERIC ZAPPA $65,649.88 Council Packet Page Number 69 of 208 G1, Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 07/23/21ABRAMS, MARYLEE560.80 07/23/21CAVE, REBECCA493.60 07/23/21JUENEMANN, KATHLEEN493.60 07/23/21KNUTSON, WILLIAM493.60 07/23/21VILLAVICENCIO, NICHOLE493.60 07/23/21COLEMAN, MELINDA6,835.20 07/23/21KNUTSON, LOIS3,403.95 07/23/21SABLE, MICHAEL5,156.13 07/23/21CHRISTENSON, SCOTT2,428.41 07/23/21DOUGLASS, TOM2,954.46 07/23/21JAHN, DAVID2,569.88 07/23/21HERZOG, LINDSAY2,902.82 07/23/21RAMEAUX, THERESE3,766.80 07/23/21DEBILZAN, JUDY2,590.49 07/23/21PAULSETH, ELLEN5,712.55 07/23/21RACETTE, THOMAS2,601.07 07/23/21RUEB, JOSEPH4,596.12 07/23/21STANLEY, JENNIFER3,507.40 07/23/21ARNOLD, AJLA1,940.82 07/23/21BEGGS, REGAN2,314.59 07/23/21DAHL, LOLA396.00 07/23/21EVANS, CHRISTINE2,439.20 07/23/21LARSON, MICHELLE2,316.89 07/23/21SINDT, ANDREA3,941.09 07/23/21WINKELMAN, JULIA1,856.00 07/23/21ABRAHAM, JOSHUA2,685.79 07/23/21AMAH-CLARKE, ALFREDA1,916.80 07/23/21HANSON, MELISSA2,126.96 07/23/21HOCKBEIN, JUDY1,322.62 07/23/21KRAMER, PATRICIA1,383.18 07/23/21MOY, PAMELA1,952.13 07/23/21OLSON, THOMAS1,856.00 07/23/21OSTER, ANDREA2,323.82 07/23/21VITT, JULIANNE1,203.48 07/23/21WEAVER, KRISTINE3,478.58 07/23/21ALDRIDGE, MARK3,975.97 07/23/21BAKKE, LONN3,882.48 07/23/21BARTZ, PAUL15.3115.31 07/23/21BELDE, STANLEY3,957.48 07/23/21BENJAMIN, MARKESE3,985.24 07/23/21BERGERON, ASHLEY3,429.96 07/23/21BIERDEMAN, BRIAN5,720.88 07/23/21BROWN, RAE2,287.87 07/23/21BURT-MCGREGOR, EMILY3,601.31 07/23/21BUSACK, DANIEL4,893.22 07/23/21COLEMAN, ALEXANDRA276.01 07/23/21CONDON, MITCHELL4,646.45 07/23/21CRUZ, TREANA2,613.62 07/23/21DEMULLING, JOSEPH4,540.52 07/23/21DUGAS, MICHAEL4,458.92 07/23/21FISHER, CASSANDRA2,782.60 Council Packet Page Number 70 of 208 G1, Attachments 07/23/21FORSYTHE, MARCUS3,515.90 07/23/21FRITZE, DEREK4,473.01 07/23/21GABRIEL, ANTHONY4,024.61 07/23/21GEISELHART, BENJAMIN3,051.11 07/23/21HAWKINSON JR, TIMOTHY3,637.80 07/23/21HELLE, KERRY4,839.20 07/23/21HENDRICKS, JENNIFER2,119.20 07/23/21HER, PHENG3,587.80 07/23/21HOADLEY, JOSHUA348.00 07/23/21HOEMKE, MICHAEL4,189.34 07/23/21KANDA, MADELINE3,001.16 07/23/21KIM, WINSTON3,895.61 07/23/21KONG, TOMMY3,686.38 07/23/21KORAN, MARIE2,103.39 07/23/21KROLL, BRETT3,738.08 07/23/21KUCHENMEISTER, JASON1,986.40 07/23/21LANGNER, TODD4,272.38 07/23/21LENERTZ, NICHOLAS3,729.25 07/23/21LYNCH, KATHERINE4,213.68 07/23/21MARINO, JASON3,924.62 07/23/21MCCARTY, GLEN3,920.77 07/23/21MICHELETTI, BRIAN3,883.23 07/23/21MURRAY, RACHEL3,965.79 07/23/21NYE, MICHAEL4,378.49 07/23/21OLSON, JULIE3,957.48 07/23/21PARKER, JAMES4,044.36 07/23/21PASDO, JOSEPH174.00 07/23/21PEREZ, GUSTAVO3,194.61 07/23/21PETERS, DANIEL3,415.72 07/23/21SALCHOW, CONNOR3,154.89 07/23/21SANCHEZ, ISABEL2,287.87 07/23/21SHEA, STEPHANIE2,225.79 07/23/21SHORTREED, MICHAEL5,157.79 07/23/21SPARKS, NICOLLE3,948.56 07/23/21STARKEY, ROBERT3,960.99 07/23/21STEINER, JOSEPH5,594.40 07/23/21STOCK, AUBREY3,021.72 07/23/21SWETALA, NOAH3,438.19 07/23/21TAUZELL, BRIAN4,191.23 07/23/21THIENES, PAUL4,702.73 07/23/21WENZEL, JAY3,703.63 07/23/21WIETHORN, AMANDA3,300.30 07/23/21XIONG, KAO3,653.52 07/23/21XIONG, TUOYER3,438.19 07/23/21ZAPPA, ANDREW3,796.28 07/23/21BARRETTE, CHARLES3,968.60 07/23/21BAUMAN, ANDREW3,662.77 07/23/21BEITLER, NATHAN3,442.22 07/23/21CAMPBELL, MACLANE2,689.14 07/23/21CONWAY, SHAWN4,471.96 07/23/21CRAWFORD JR, RAYMOND4,119.12 07/23/21CRUMMY, CHARLES3,999.98 07/23/21DABRUZZI, THOMAS4,169.25 07/23/21DANLEY, NICHOLAS3,525.22 07/23/21DAVISON, BRADLEY5,074.11 07/23/21DAWSON, RICHARD4,085.02 07/23/21HAGEN, MICHAEL3,611.54 07/23/21HALWEG, JODI3,930.90 07/23/21HAWTHORNE, ROCHELLE4,027.03 07/23/21KUBAT, ERIC5,884.20 07/23/21LANDER, CHARLES4,334.17 07/23/21LANIK, JAKE2,898.73 Council Packet Page Number 71 of 208 G1, Attachments 07/23/21LO, CHING12,852.9711,119.20 07/23/21LUKIN, STEVEN2,068.00 07/23/21MALESKI, MICHAEL3,732.52 07/23/21MCGEE, BRADLEY4,695.94 07/23/21MERKATORIS, BRETT3,280.46 07/23/21MONDOR, MICHAEL5,474.97 07/23/21NEILY, STEVEN3,362.54 07/23/21NIELSEN, KENNETH3,999.98 07/23/21NOVAK, JEROME3,427.14 07/23/21POWERS, KENNETH3,710.52 07/23/21SEDLACEK, JEFFREY6,479.23 07/23/21STREFF, MICHAEL4,463.12 07/23/21WARDELL, JORDAN4,510.43 07/23/21WILLIAMSON, MICHAEL4,678.69 07/23/21ZAPPA, ERIC3,624.50 07/23/21CORTESI, LUANNE2,316.89 07/23/21JANASZAK, MEGHAN3,175.14 07/23/21BRINK, TROY2,909.50 07/23/21BUCKLEY, BRENT2,764.03 07/23/21EDGE, DOUGLAS2,642.92 07/23/21JONES, DONALD2,640.61 07/23/21MEISSNER, BRENT2,635.99 07/23/21MLODZIK, JASON2,176.10 07/23/21NAGEL, BRYAN4,631.80 07/23/21OSWALD, ERICK2,642.92 07/23/21RUNNING, ROBERT2,903.50 07/23/21TEVLIN, TODD2,640.61 07/23/21ZAHNOW, LANCE2,158.59 07/23/21BURLINGAME, NATHAN3,278.40 07/23/21DUCHARME, JOHN3,343.02 07/23/21ENGSTROM, ANDREW3,584.29 07/23/21JAROSCH, JONATHAN4,508.31 07/23/21LINDBLOM, RANDAL3,343.02 07/23/21LOVE, STEVEN5,891.22 07/23/21STRONG, TYLER3,032.00 07/23/21ZIEMAN, SCOTT1,152.00 07/23/21GERNES, CAROLE2,767.39 07/23/21CARDINAL, GUY1,040.00 07/23/21HAYS, TAMARA2,633.69 07/23/21HINNENKAMP, GARY3,355.82 07/23/21NAUGHTON, JOHN2,640.61 07/23/21ORE, JORDAN2,633.69 07/23/21QUIGGLE, CHRISTOPHER1,040.00 07/23/21SAKRY, JASON4,474.581,653.60 07/23/21STOKES, KAL2,130.70 07/23/21HAMMOND, ELIZABETH1,858.88 07/23/21JOHNSON, ELIZABETH2,791.02 07/23/21JOHNSON, RANDY4,462.88 07/23/21KROLL, LISA3,295.79 07/23/21KUCHENMEISTER, GINA2,354.40 07/23/21THOMSON, JEFFREY4,945.50 07/23/21FINWALL, SHANN3,974.61 07/23/21MARTIN, MICHAEL4,221.93 07/23/21DREWRY, SAMANTHA2,970.59 07/23/21LENTZ, DANIEL2,915.39 07/23/21WESTLUND, RONALD2,580.72 07/23/21WELLENS, MOLLY3,077.54 07/23/21REININGER, RUSSELL2,750.59 07/23/21BJORK, BRANDON234.00 07/23/21BRENEMAN, NEIL3,272.61 07/23/21GORACKI, GERALD90.00 07/23/21HUGGAR, ANGELA216.00 Council Packet Page Number 72 of 208 G1, Attachments 07/23/21KORF, CAIN90.00 07/23/21LO, SATHAE216.00 07/23/21MOORE, PATRICK72.00 07/23/21PFEFFERLE, LILY90.00 07/23/21ROBBINS, AUDRA4,617.58 07/23/21SCHALLER, SCOTT90.00 07/23/21VUKICH, CANDACE84.00 07/23/21BERGO, CHAD3,787.41 07/23/21SCHMITZ, KEVIN2,384.49 07/23/21SHEERAN JR, JOSEPH4,274.79 07/23/21ADAMS, DAVID2,716.36 07/23/21HAAG, MARK2,905.81 07/23/21JENSEN, JOSEPH2,582.50 07/23/21SCHULTZ, SCOTT4,601.89 07/23/21WILBER, JEFFREY2,885.09 07/23/21COUNTRYMAN, BRENDA1,584.00 07/23/21SMITH, CATHERINE1,220.75 07/23/21PRIEM, STEVEN2,965.41 07/23/21WOEHRLE, MATTHEW2,720.38 07/23/21XIONG, BOON2,605.53 07/23/21FOWLDS, MYCHAL4,700.18 07/23/21FRANZEN, NICHOLAS4,058.71203.53 07/23/21GERONSIN, ALEXANDER3,615.20 07/23/21RENNER, MICHAEL3,136.6039.20 630,289.1613,030.84 Council Packet Page Number 73 of 208 DЋ CITY COUNCIL STAFF REPORT Meeting Date August 9, 2021 Melinda Coleman, City Manager REPORT TO: REPORT FROM: Ellen Paulseth, Finance Director PRESENTER: Ellen Paulseth, Finance Director AGENDA ITEM: Maplewood Area Historical Society Annual Appropriation Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The Maplewood Area Historical Society (MAHS) has requested its annual appropriation of $5,000 Recommended Action: Motion to approve the annual appropriation of $5,000 to the Maplewood Area Historical Society. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $5,000 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 MAHS offers many programs that provide val strategic priorities. The City has been making this appropriation since 2001. Background On September 11, 2001, the City Council approved a motion to include a $2,000 appropriation to dget each year. In 2017, the appropriation amount increased to $5,000, with $3,000 coming from Charitable Gambling Funds. For 2019, the appropriation increased to $5,000, with an invitation to apply for additional funds from Charitable Gambling. In 2014, the City Council requested Historical Society financial reports each year. Attachments 1. Maplewood Area Historical Society Financial Report 2020 Council Packet Page Number 74 of 208 G2, Attachment 1 Council Packet Page Number 75 of 208 G2, Attachment 1 Council Packet Page Number 76 of 208 G2, Attachment 1 Council Packet Page Number 77 of 208 G3 CITY COUNCIL STAFF REPORT Meeting Date August 9, 2021 REPORT TO: Melinda Coleman, City Manager Michael Mondor, Fire and EMS Chief REPORT FROM: PRESENTER: Michael Mondor, Fire and EMS Chief AGENDA ITEM: Elevator Quotations for the North Fire Station Construction Project Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: City Council will consider approving the elevator quotation for the North Fire Station Construction Project. Recommended Action: Motion to approve the elevator quotation and contract with Otis Elevator Company for the North Fire Station Construction Project. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $72,746 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Fire Facility Fund Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The City Council adopted a resolution receiving bids and awarding construction contracts on April 12, 2021. The bid for Work Scope 14-B-Elevator was rejected as only one bid was received and the original bid was $132,825 or 33 percent of the project’s budget estimate. The project’s construction manager then solicited quotations and the lowest is $72,746 which is $60,079 less than the sole bid received on bid day and is under the project’s budget estimate. Background The City Council adopted a Resolution receiving bids and awarding construction contracts on April 12, 2021. As the project only received one bid during the initial bid period, which was over the project’s budget estimate, the initial elevator bid was rejected and the project’s construction manager, Kraus- Anderson solicited quotations for the elevator work scope. Kraus-Anderson received 3 quotations for the elevator work scope and Otis Elevator Company provided the low quotation of $72,746. Staff recommend that the City Council approve the elevator quotation and contract with Otis Elevator Company. Council Packet Page Number 78 of 208 G3 Special Inspection and Testing Proposal Summary OTIS ELEVATOR COMPANY Description Amount Base Proposal $72,745 SCHUMACHER ELEVATOR Description Amount Base Proposal $87,783 MINNESOTA ELEVATOR Base Proposal $132,825 Attachments 1. Elevator Quotation Tabulations and Proposal 2. AIA Document A132-2009 Standard Form of Agreement Between Owner and Contractor Council Packet Page Number 79 of 208 Council Packet Page Number 80 of 208 QUOTE TABULATIONS ağƦƌĻǞƚƚķ bƚƩƷŷ CźƩĻ {ƷğƷźƚƓ ağƦƌĻǞƚƚķͲ ab OWNER: City of Maplewood ARCHITECT: S E H Elevators BIDDERBIDDERBIDDERBIDDERBIDDERBIDDER OtisSchumacherMinnesota Elevator BASE PROPOSAL υ БАͲАБЌАЋͲАЍЏυ ЊЌЋͲБЋЎυ ALTERNATE SCOPE υ ΏΏυ υ Ώ BASE BID plus ALT.υ БАͲАБЌАЋͲАЍЏυ ЊЌЋͲБЋЎυ G3, Attachment 1 G3, Attachment 1 Otis Elevator Company 2772 Cleveland Ave N Roseville, MN 55113 (612) 209-8334 Michael Little New Equipment Account Manager 2021 Kraus-Anderson Construction Company 501 South Eighth St. Minneapolis, MN 55404 RE:Maplewood Fire Station Maplewood, MN Otis ispleased to provide you with our proposal to furnish and install: One (1)2500lbsMachine Room Elevator As described in this proposal for the sum of: SEVENTY- 7 Please take note of the following sections of this proposal: Scope of Work Voluntary Alternates General Clarifications Job Specific Clarifications Terms & Conditions Preparatory Work by Others This quotation is valid for thirty (30) days from the date of submission. Otis predicates the quote upon timely furnishing of a completed hoistway for uninterrupted use. In addition, if the project is delayed past June 30, 2022youwill be responsible for any labor and material increase that have incurred. We appreciatethe opportunity to provide you with our proposal on this project and look forward to working with you and your project team. Please call me at (612)209-8334with any questions. Sincerely, OTIS ELEVATOR COMPANY Michael Little New Equipment Account Manager Council Packet Page Number 81 of 208 G3, Attachment 1 Designation & Model Capacity & Speed2500 lb Passenger Cab @ 100 fpm Stops & Floors2 Stops with 2 Openings Rise14 ft 7 in 0 Clear Car Inside Dimensions6 ft 5 in 9/16 wide x 4 ft 3 in 9/16 deep Hoistway-8 ft 6 in 0 wide x 5 ft 11 in 0 deep Clear Hoistway Dimensions Overhead-12 ft 7 in 0 Pit Depth-4 ft 0 in 0 Door Type & SizeOne Speed Side Slide-42 in wide x 84 in high Optional Machine Room Control Space Simplex Operation Power Supply208 Volts, Three Phase AC, 60 Hertz Stainless Steel* Standard Swing COP Return, Header, and Car Door Cab Enclosurerails shall be provided on the rear wall. Flat Black Pearl Ceiling with 4 LED Lights and black or white painted finish Cab FlooringFurnished and Installed by Others-1 1/4 in Recess Painted** Frames at: 1, 2 Hoistway Entrance Finishes Painted** Doors at: 1, 2 Extruded Aluminum Sills at: 1, 2 Hoistway Sill Finishes Luxury Swing Car Operating Panel (COP) with Flat Round Buttons that have an Illuminated Halo. Signals Stainless Steel* Wall Mounted Hall Fixtureswith Flat Round Buttons that have an Illuminated Halo. Access At Top and Bottom Landing With Zoning Firefighter's Service, Phase I and II Handicapped and Braille Markings Constant Features Optiguard® Door Reversal Device In Car Lantern Otis ADA Hands Free Phone Emergency Car Lighting Independent Service Emergency Return Unit Additional Features Stainless Steel* Hall Fixtures at all Landings All Applicable Local, State, and National Codes-ANSI A17.1 Minnesota, Local Code and A.D.A. Code Compliance No Seismic Requirements 12 Months After Acceptance of Elevator by Owner. Maintenance Includes Emergency Callback Service During Normal Working Hours. Council Packet Page Number 82 of 208 G3, Attachment 1 Council Packet Page Number 83 of 208 G3, Attachment 1 VOLUNTARY ALTERNATES 1.Otis will provide stainless steel hallway frames and doors in lieu of painted hallway frames and doors for an ADD of $600/entrance. 2.Otis will provide hall lanterns at selected entrances for an ADD of $600/entrance. 3.Otis will provide hall position indicators at selected entrances for an ADDof $600/entrance. 4.Otis will provide stainless steel, round side handrails for an ADD of $900/elevator. 5.Otis will provide an emergency return unit (battery powered backup) for an ADD of $3,000/elevator. a.Disconnect for elevator to be supplied with auxiliary contact by others. GENERAL CLARIFICATIONS 1.Our bid is based on the following documents: A.MWFSplans dated 3/8/21 B.Specification Section 14 2400 Hydraulic Elevators 2.Our bid is based on the following lead times: Submittals1-2 weeks Submittals Returned to Otis2-3 weeks Manufacturing and Delivery11-13weeks Mobilization1-2 weeks Installation2-3weeksper elevator 3.General Contractorshall be responsible for providing suitable, dry,and secure on-site storage, approximately 255on the level coordinated by Otis.Any snow removal throughout the duration of the project will be provided by others. 4.Otis requires suitable semi-trailer access to the building for unloading of material. In addition, we require roll-able access from unloading point to hoistway area.Any temporary flooring or wall protection for the building will be provided and installed by others. 5.If General Contractor is not ready to accept delivery of elevator material and for elevator installation to begin upon the requested date in the submittals, Otis will store the materialand the General Contractor shall be responsible for all storage fees.If General Contractor accepts delivery of elevator material but elevator installation cannot begin, there will be an additional charge for remobilizing crews. IfOtis is required to store materials in astorage box, the General Contractor is to supply the storage box(es), and additional labor costs will apply. 6.Any requirements for lane closures including permits, barricades, signage, etc. will be provided by the General Contractor at no expense to Otis. 7.Otis will work four, ten hour shifts per week. 8.General Contractor is to provide a dumpster(s) for all debris, garbage, packaging material, etc. 9.Otis will not be responsible for protecting any elevator material or equipment throughout the duration of construction. Any damage caused to Otis equipment by others will be reimbursed by others. 10.One (1) dedicated outside analog telephone line to eachelevator controller will be provided by others. Council Packet Page Number 84 of 208 G3, Attachment 1 11.Otis hasincluded the cost for one (1) elevator inspection prior to turn over. If re-inspection is necessary due to code violations caused by the General Contractor or other subcontractors, the General Contractor will be charged for the re-inspection plus any additional expenses. 12.All work performed outside of the base contract will be billed at $196per man hour for regular time and $392 per man hour for overtime, plus any expenses. A team hour will be billed at $363 per hour for regular time and $726 per hour for overtime, plus any expenses. 13.Hoistway entrance protection as required by OSHA will be furnished and installed by others at all entrances. 14.The following close out documents will be provided: standard final layout / installation drawings; and our standard warranty. 15.Our standard submittals will be provided for this project. 16. 17.This proposal is based on an Otis designed product, or approved equal, and meets the intent of the specification. However, due to product variability among elevator manufacturers, difference may exist between the product(s) proposed hereinand the specified product(s). These differences may include, but are not limited to, the design, dimensions and /or appearance of the product. In the case of any of these differences, the proposal supersedes, and takes precedence over the specified product(s). 18.Otis will make good faith efforts to achieve any business and/or work force participation goals. ® 19.Our proposal includes our Remote Elevator Monitoring (REM) feature. This feature will be installed during the original installation for the duration of the warranty/maintenance period. Upon expiration of this service period, if the owner elects not to continue maintenance with Otis, it is understood that this REM unit will be removed by Otis from the jobsite and remain in ourpossession. TECHNICAL CLARIFICATIONS 20.The following hoistway dimensions are required: A.-6wide and -11deep B.4-0deep pit C.-7overhead to bottom of overhead beam 21.It is our understanding the International Building Code (IBC), 2015 Edition or earlier, is applicable to this project. Otis has included an emergency communication system that conforms to ASME A17.1 / CSA B44 (Safety Code for Elevators and Escalators), 2016 or earlier, Requirement 2.27.1.1. 22. overhead clearances. 23.-- 24.Otis will not connect the new elevators to any existing elevators or be responsible for upgrading existing elevators. 25.Flooring and subflooring in the elevator cab is to be furnished and installed by others. 26.Grouting of the hoistway entrance sills is by others. 27.Asteel hoist beam(s)in the overhead area is to be furnished and installed by othersper Otis drawings. The beam(s)must be capable of handling 5,000 lbs/elevator. 28.Pit drain to be provided by General Contractor. Location to be approved by Otis Superintendent prior to General Contractor installing. Council Packet Page Number 85 of 208 G3, Attachment 1 29.All rail supports required by Otis will be supplied by General Contractor at no additional cost to Otis. 30.Otis will provide inserts for CMU/concrete or wood hoistways. All steel will be provided by others. 31.Otis will furnish and install pit ladder(s). 32.Eachhoistway will require additional header support above the entrances on floors 1 and 2due to the floor to floor heights of-or greater.The support must span the entire length of the hoistway. The header support will be provided by the generalcontractor at no cost to Otis. 33.All rough openingswill be to Otis provided shop drawing details.Otis will require a rough opening the full width of the clear hoistway on the lowestlevel.If adequate access to the lowest landing is not obtainable, the main level will require the full width rough open. 34.All coring of holes, patching, grouting, fireproofing, and wrapping of fire protection around fixtures will be by others. 35.If any elevator pit is deemed a permit required confined space, the General Contractor is to incur any costs associated with obtaining the permit. 36.Any required protection for elevator material and equipment will be provided by others. 37.Otis has not included any temporary use in our bid. Temporary construction use will be an additional cost of $4,500/elevator for cleaning and reinspection, $230/week of use, and $1,200 every 90 days. General contractor will be responsible for providing an operator for the elevator and protection of the elevator. Any vandalism where a replacement of material is required will be an additional cost to the General Contractor. TERMS & CONDITIONS 38.This proposal shall be referenced in the Subcontract Agreement to clarify scope and terms. 39.Non-Otis contract language In the event Contractor does not accept Otis Standard Commercial Terms and the Otis Acknowledgment Letter, the contract price may be altered to reflect any additional burden of risk to Otis. 40.This proposal is submitted with the understanding that any contract resulting therefrom will be subject to review and mutual acceptanceof all terms and conditions contained therein. It is condition on neither party being liable to the other for any loss, damage or delay due to any cause beyond either lockouts, other labor disputes, fire, explosion, theft, water damage, flood, earthquake, riot, civil commotion, war, malicious mischief or act of God. Under no conditions, shall either party be liable for special, indirect, liquidated or consequential damages in contract, tort, including negligence, warranty or otherwise, notwithstanding any indemnity provisions to the contrary. Notwithstanding any provision in any contract document to the contrary, our acceptance is conditioned on being allowed additional time for the performance of Work due to delays beyond our reasonable control. 41.If payment and performance bonds are required, please ADD $5 per $1,000of the contract amount. 42.It is agreed that Otis shall not be responsible for any Liquidated Damages. Should the contract documents require provisions for Liquidated Damages, our bid is contingent upon review of the schedule to assure we can achieve the desired date with our standard lead times. 43.We agree to provide evidence of insurance coverage but cannot name others as additional insured or waive our rights of subrogation. All insurance coverage afforded to you or others shall terminate upon toour standard Certificate of insurance add ($5per $1,000). 44.If the project is covered by an Owner/Contractor Controlled Insurance Program ("OCIP/CCIP), Otis agrees to participate provided it is at no cost to Otisand subject to its review and acceptanceof the Council Packet Page Number 86 of 208 G3, Attachment 1 proposed program. The OCP obligation is waived and any obligation of Otis to name others as Additional Insured shall be for off-site operations only. 45.Otis will provide surety bond(s) in the form provided by Otis' Surety at no cost to Otis. This isin lieu of participation in any type of surety wrap-up or Subguard®program. 46.Our proposal is based on the following payment terms: Schedule of Values Contract PaymentDescriptionBilling Cycle Value Submittals, Billed upon award. Due in 30 days or Initial Engineering & 40%prior to releasing the elevator equipment Payment Procurementto manufacturingwhichever occurs first. Billed the month before shipment occurs. Material Due the month material is delivered. Delivery Factory Material40% Installation will not commence until Payment Material Delivery Payment is received. Progress Installation Labor20%Billed each month as work progresses. Payment Final 5%RetentionDue 30 days after turnover of equipment Payment A.The Initial Payment plus a fully executed subcontract agreement must be received prior to releasing the elevator equipment to manufacturing. B.Otis will mobilize after the Material Delivery Payment is received. C.Otis must be paid 95% prior to scheduling thefinal inspection and turnover of the elevator equipment. D.All change orders must be executed and paid prior to scheduling the final inspection. E.Final payment is due thirty days after final acceptance of the elevator installation, otherwise the warranty and warranty maintenance service will be suspended. F.Otis does not agree to paid when paid payment terms. 47.Fully executed change orders must be received prior to Otis performing any additional work outside the scope of the base contract. Otis will not accept oral or written directives to proceed without a fully executed change order. 48.Security for elevator materialdelivered to the job site is the responsibility of the General Contractor. The Contractor is responsible for all costs to replace any damaged, stolen or missing elevator policies. Otis will provide a change order, police report and affidavits as needed to substantiate any claim. Otis will not procure any replacement equipment until a signed change order is received. 49.All software supplied is licensed to you or your successors but only for use with, and for operation of this elevator/escalator. 50.Otis will not supply information such as internal Otis manuals, manufacturing drawings or source code. Any counters, meters, tools, remote monitoring devices, communication devices, or other such equipment that we may use or install to deliver service under this proposal and any resulting contract remains our property, solely for the use of our employees. Such equipment is not considered as part of the elevator/escalator. If the contract or subsequent maintenance service is terminated for any reason, we will be given access to the premises to remove such equipment, including the resident software, at our expense. 51.In the event the transactions contemplated hereunder are restricted by U.S. Government or other applicable laws and regulations, including but not limited to those designating certain parties as "denied", "restricted" or similarly ineligible to do business with U.S. entities, this agreement will be Council Packet Page Number 87 of 208 G3, Attachment 1 deemed void and Customer shall pay Otis all sums owed for the goods and services that may have been provided up to such time according to the rates contained in this agreement. 52.Otisacceptance is conditional on the understanding that their warranty covers defective material and workmanship. The guarantee period shall not extend longer than one (1) year from the date of completion or acceptance thereof by beneficial use, whichever is earlier, of each elevator. The guarantee excludes ordinary wear and tear or improper use, vandalism, abuse, misuse, or neglect or any other causes beyond the control of the elevator contractor and this express warranty is in lieu of all other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose. PREPARATORY WORK BY OTHERS actor or their agents in accordance with governing codes. The price and installation schedule of Otis Elevator Company is based on these job-site conditions existing at the beginning and during installation of the elevator equipment. Failure to provide the items specified in this list will result in additional work or installation delays performed by Otis Elevator beyond the scope of our contract and a change order will be submitted for materials and/or labor expended. Please refer to our Installation Handbook for details and dimensions for the following items. All workto be performed per the latest revision of the applicable national code and/or local code. GENERAL PREP WORK 1.Provide any cutouts to accommodate elevator equipment (troughing, venting, and hall fixtures) along with patching and painting of walls, floors, or partitions together with finish painting of entrance doors and frames, if required. 2.Provide tractor trailer access to the building for unloading of material and an onsite storage area for elevator equipment asfollows: dry and enclosed, provides roll-able access to the elevator hoistway at the ground level, located within 100 feetof the hoistway, and is larger than 25 x 20 feet per elevator. Any warranties provided by Otis for elevator equipment are null and void if equipment is stored in a manner other than a dry enclosed building structure. 3.Provide sufficient onsite refuse containers for the proper disposal of elevator packaging material. Should sufficient refuse containers not be provided, disposal of packaging material shall become the responsibility of the owner. HOISTWAY & PIT PREP WORK 4.Prior to the start of installation, provide a dry, properly framed, enclosed and vented hoistway in accordance with all applicable codes. 5.Provide a clear plumb hoistway with variations from the size shown on the Otis layout not to exceed0 inch / +1 inch. 6.Furnish adequate rail bracket supports and bracket spacing as required by governing code from pit floor to top of hoistway. For steel or wood frame construction, adequate backing for a rail br--from the top landing. Furnish separator beams where required. Rail bracket attachment supports must be exposed and flush with the clear hoistway line. If the floor to floor height exceeds the maximum bracket spacing allowed by the elevator code, Otis requires some form of steel support to properly attach our guide rail brackets. The maximum allowed bracket spacing is indicated in the rail force and bracket detail table on the Otis layout. Any rail bracket mounting surfaces that are not in line with the finished hoistway dimension (i.e. the clear hoistway line) may need to be extended to meet the required distance. Otis agrees to provide guidance on this matter at the appropriate time. If rail bion and instruction. If vertical tube steel is utilized as rail support, two on center are requ 7.Furnish a dry pit reinforced to sustain vertical forces on car rails and impact loads on cylinder head(s) and buffer(s). The pit must be dry and clean. The elevator pit must have a floor drain or sumppump to prevent the accumulation of water. Location to be coordinated with Otis to avoid provided that shall have the capacity to remove a minimum of 11.4 m³ / h (3,000 gal / h) per elevator (2.2.2.5, ASME A17.1-2007 / CSA B44-07). Otis recommends that the owner verify the system complies with all applicable laws and local codes. 8.Provide and install a fixed vertical iron ladder in each pit as required by governing code and located per Otis layouts, or as coordinated with Otis -(-), a pit access door is required. 9.Falls and Falling Objects A.Protection from Falls: As required by the Occupational Safety&Health Administration (OSHA)1926.502 B) (1-3) a freestanding removable barricade high, with mid-rail and kick board, and withstand 200 lbs of vertical and horizontal pressure. B.Protection from Falling Objects: As required by the Occupational Safety&Health Administration, (OSHA) 1926.502(j), hoistway protection from falling debris and other trades materials by either. 1)Full entrance screening/mesh in front of all elevator entrances. 2) Notes: Items A & B can be integrated systems Hoistway barricades and screening shall be constructed, maintained and removed by others. Council Packet Page Number 88 of 208 G3, Attachment 1 10.One front entrance wall, at the main landing, is not to be constructed until after all elevator material is located in the hoistway. Remaining front entrance walls are not to be constructed until after door frames and sills are in place. If front walls are poured concrete weight bearing walls, rough openings are to be provided to accept entrance frames and filled in after frames are set. Rough opening sizes per Otis layouts. Prior to the elevator(s) being turned over, all entrance walls must be installed and rough openings filled in complete to maintain fire rated hoistway requirements. 11.Provide adequate support at all fastening points of each entrance. Provide plumb vertical surfaces for entrances and sill supports, one above the -W-Wtwo speed door arrangements, an additional hoistway attachment point is required for an auxiliary support bracket under the sill assembly in the center of the clear door opening. Finish floor and grout, if required, between door frames to sill line. A horizontal support is to be provided 1 foot above theclear opening at the top landing to support the door frame assembly. If -above the clear opening. If transoms are required, the support would be 1 foot above the transom height. 12.Provide and install a steel safety beam per elevator, from side wall to side wall at the top of the hoistway, capable of withstanding a maximum net live load of 5000 lbsration if it infringes on required clearance 13.Glass used in hoistway construction must block 98% or more of incident full spectrum ultraviolet radiation for the full height of the hoistway. 14.If an emergency door in a blind hoistway is required, provide an outward swinging single section type door with door closer and a self closing barrier per ASME A17.1-2007, Section 2.11.1.2. Contact your local Otis personnel for a detailed drawing (AAA26900D_FMI), showing Otis specific requirements. 15.NO Machine Room. FIRE PREVENTION PREP WORK 16.Provide hoistway walls designed and constructed in accordance with the required fire rating (including those places where elevator fixture boxes, rail bracket fastenings, and any other penetration into the hoistway walls). 17.Provide smoke detectors, located as required, with wiring from the sensing devices to the controller(s) designated by Otis. A.For each group of elevators, provide a normally closed contact representing the smoke detector at the designated return landing. B.For eachgroup of elevators, provide a normally closed contact representing all smoke detectors located in lobbies, hoistways, or control rooms/spaces, but notthe smoke detector at the designated return landing (see above) or the smoke detectors as described in i. & ii. below. i.If a smoke detector is located in the hoistway at or below the lower of the two recall landings, it shall be wired to activate the same normally closed contact as the smoke detector located in the lobby at the lower of the two recall landings. ii.If the control room(s)s/space(s) are locate at the designated return landing, the smoke detectors located therein shall be wired to activate the same normally closed contact as the smoke detector at the designated landing. C.Requirements for intermittently illuminating the fire hat visual signal in the car operating panel, either i. or ii apply. i.For a single unit or for a group of elevators having one common control room/space and one common hoistway, provide one additional normally closed contact representing the control room/space and hoistway smoke detectors. ii.If the group contains more than one hoistway and hoistway smoke detectors are installed, or if the group has more than one control room/space, provide one normally closed contact for each elevator. The contact is to represent the smoke detector in the control room/space for that particular elevator, and any smoke detectors in the hoistway containing that particular elevator. 18.If sprinklers are installed in the hoistway(s), control room(s)/space(s), or machine space(s), a means to automatically disconnect the main line power supply of the affected elevator and any other power supplies used to move the elevator upon or prior to the applicationof water is required (unless prohibited by local code.) In addition, when the Automatic Recovery Operation (ARO) is specified, the means provided to automatically disconnect power to the elevator shall be equipped with an additional auxiliary contact that is positively opened when power is removed from the elevator system. This automatically controlled mainline disconnect must be provided with all associated wiring and conduit to the controller. 19.space. ELECTRICAL PREP WORK 20.All 125 volt, 15 or 20 ampere single phase receptacles installed in pits, machinery spaces, and elevator car tops shall be ofground fault circuit interrupter (GCFI) type. All 125 volt, 15 or 20 ampere single phase receptacles installed in machine rooms / spaces shall have GFCI protection. A dedicated single phase receptacle supplying a permanently installed pit sump pump shall not require GFCI protection(NEC 620-85). 21.Furnish a dedicated, balanced, 3 phase, 3 wire electrical feeder system with a separate solidly grounded equipment grounding conductor terminating in the machine room / space. Size of the feeders and grounding conductor to suit elevator power characteristics. Feeder conductors and grounding conductor must be copper. A fused disconnect switch or circuit breaker capable of being locked in the open position for each elevator per the National Electrical Code (ANSI/NFPA 70) with feeder or branch wiring to the controller (NEC 620-51, 620-61(D), and 620-62) must be provided. Fuses are to be current limiting class RK1 or equivalent. Circuit breakers are to have current limiting characteristics equivalent to class RK1 fuses. Fuses or circuit breakers are to be time delay to cover the full load up accelerating current as listed in the Otis Confirmation of Power Supply form. Furnish a separate 120 volt, 15 ampere single phase branch circuit and SPST fused disconnect switch or circuit breaker capable of being locked in the open position to supply the car lights, receptacles, auxiliary lighting power source, and ventilation on each car in compliance with the National Electrical Code must be provided. When a machine room is used and where practical, disconnects shall be located adjacent to the door of the machine room enclosure. When a machine space is used, disconnects or circuit breakers shall be located behind the door of the machine space per Otis layout. Branch circuit wiring to each controller (NEC 620-53) must be provided. A convenience outlet and asuitable light of not less than 200 Lux (19FC) as measured at floor level must be provided in the machine room / outside the machine space door on the lock jamb side per Otis layout when a machine space is used (NEC 620-23). A convenience outlet and light fixture of not less than 100 Lux (10FC) as measured at the pit floor level must be in the pit with a light switch located adjacent to the pit access door (NEC 620-24). The light bulb(s) shall be externally guarded to prevent contact and accidental breakage. To meet the date upon which the elevators are to be turned over, the permanent 3 phase feeder system and protective devices must be installed and power available prior to the start of elevator installation. Council Packet Page Number 89 of 208 G3, Attachment 1 22.Provide 120 volt, 20 ampere power for light, tools, hoist, etc. to the hoistway during installation. Source must be within 75feet of the hoistway. 23.Provide one (1) dedicatedoutside telephone line per elevator car to the elevator machine room / space(s), and terminated at the controller designated by the Otis construction superintendent. Reference the A17.1 code and the Otis Confirmation of Power Supply for specific requirements. OPTIONS 24.For Elevators with an intra-building Intercom-Provide a separate 120 volt, 15 ampere, single phase power supply with fused SPST disconnect switch or circuit breaker located as required for intercommunicating system power supply. Circuit tobe arranged for feeding from the building emergency lighting supply if provided. Conduit and wiring for remotely located intercommunicating stations must be provided. You agree to indemnify and save Otis harmless against any and all liability and costs arising out of your failure to carry out any of the foregoing requirements. Council Packet Page Number 90 of 208 G3, Attachment 2 ™ Document A132 – 2009 Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition th AGREEMENT made as of the 9 day of August in the year 2021 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original AIA standard form. An Additions and City of Maplewood Deletions Report that notes added 1830 County Road B E information as well as revisions to the Maplewood, MN 55109 standard form text is available from the author and should be reviewed. A vertical line in the left margin of this and the Contractor: document indicates where the author (Name, legal status, address and other information) has added necessary information and where the author has added to or Otis Elevator Company deleted from the original AIA text. th 1718 4 Ave NW West Fargo, ND 58078 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. for the following Project: (Name, location and detailed description) This document is intended to be used in conjunction with AIA Documents Maplewood North Fire Station A232™–2009, General Conditions of 1530 County Road C East the Contract for Construction, Maplewood, MN 55109 Construction Manager as Adviser Edition; B132™–2009, Standard The Construction Manager: Form of Agreement Between Owner (Name, legal status, address and other information) and Architect, Construction Manager as Adviser Edition; and Kraus Anderson Construction Company C132™–2009, Standard Form of ® Agreement Between Owner and 501 South Eight Street Construction Manager as Adviser. Minneapolis, MN 55404 ^AIA Document A232™–2009 is adopted in this document by reference. Do not use with other The Architect: general conditions unless this (Name, legal status, address and other information) document is modified. Short Elliot Hendrickson, Inc. (SEH®) 3535 Vadnais Center Drive St. Paul, MN 55110 The Owner and Contractor agree as follows. ™ AIA Document A132 (formerly A101CMa Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. – 2009 ™– 1992). Init. “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This 1 document was produced by AIA software at 09:51:57 ET on 08/03/2021 under Order No.5414554448 which expires on 12/13/2021, is not for resale, is licensed for ® / one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (726216570) Council Packet Page Number 91 of 208 G3, Attachment 2 TABLE OF ARTICLES 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 THE CONTRACT DOCUMENTS 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 of this 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 THE WORK OF 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: WS 14-B Elevator per plans, specifications and addenda enumerated herein. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 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. (Paragraph deleted) 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: (Paragraph deleted) ™ AIA Document A132 (formerly A101CMa Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. – 2009 ™– 1992). Init. “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This 2 document was produced by AIA software at 09:51:57 ET on 08/03/2021 under Order No.5414554448 which expires on 12/13/2021, is not for resale, is licensed for ® / one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (726216570) Council Packet Page Number 92 of 208 G3, Attachment 2 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. (Paragraph deleted) ARTICLE 4 CONTRACT SUM § 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 (Paragraphs deleted) below § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Seventy Two Thousand Seven Hundred Forty Six dollars and no/100 ($72,746.00), 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: (Paragraph deleted) Base Bid$72,746.00 Alternate #01NA Alternate #02NA Total$72,746.00 § 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) NA § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) ItemAllowance WS 14-B$2,000.00 Labor/Material (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 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 ™ AIA Document A132 (formerly A101CMa Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. – 2009 ™– 1992). Init. “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This 3 document was produced by AIA software at 09:51:57 ET on 08/03/2021 under Order No.5414554448 which expires on 12/13/2021, is not for resale, is licensed for ® / one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (726216570) Council Packet Page Number 93 of 208 G3, Attachment 2 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: § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the last day of the following month. § 5.1.4 Progress Payments Where the Contract Sum is Based on 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 five percent ( 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 five percent ( 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: (Paragraphs deleted) § 5.2 Final Payment § 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; (Paragraphs deleted) ™ AIA Document A132 (formerly A101CMa Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. – 2009 ™– 1992). Init. “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This 4 document was produced by AIA software at 09:51:57 ET on 08/03/2021 under Order No.5414554448 which expires on 12/13/2021, is not for resale, is licensed for ® / one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (726216570) Council Packet Page Number 94 of 208 G3, Attachment 2 ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker 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. (Paragraphs deleted) § 6.2 Binding Dispute Resolution 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: \[ X \] Litigation pursuant to Section 15.4 of AIA Document A232–2009. (Paragraphs deleted) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum 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. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 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. (Paragraphs deleted) § 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) Michael Little Otis Elevator Company th 1718 4 Ave NW West Fargo, ND 58078 § 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 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 include the ™ AIA Document A132 (formerly A101CMa Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. – 2009 ™– 1992). Init. “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This 5 document was produced by AIA software at 09:51:57 ET on 08/03/2021 under Order No.5414554448 which expires on 12/13/2021, is not for resale, is licensed for ® / one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (726216570) Council Packet Page Number 95 of 208 G3, Attachment 2 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 ENUMERATION OF CONTRACT DOCUMENTS § 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 are AIA 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 05 Certifications Page – Volume 1 & 202/26/21 00 01 08Project Directory02/26/21 00 01 10Table of Contents02/26/21 00 31 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 01 General Requirements02/26/21 Division 02Existing Conditions02/26/21 Division 03Concrete02/26/21 Division 04Masonry02/26/21 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 ™ AIA Document A132 (formerly A101CMa Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. – 2009 ™– 1992). Init. “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This 6 document was produced by AIA software at 09:51:57 ET on 08/03/2021 under Order No.5414554448 which expires on 12/13/2021, is not for resale, is licensed for ® / one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (726216570) Council Packet Page Number 96 of 208 G3, Attachment 2 § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) NumberTitleDate A001GENERAL INFORMATION AND ABBREVIATIONS2/26/2021 A002CODE INFORMATION2/26/2021 A003CODE INFORMATION CONT.2/26/2021 A004CODE PLAN - FIRST LEVEL2/26/2021 A005CODE PLAN - SECOND LEVEL2/26/2021 A006PARTITION TYPES AND CONSTRUCTION ASSEMBLIES2/26/2021 A101OVERALL FLOOR PLAN2/26/2021 A102OVERALL FLOOR PLAN2/26/2021 A103FLOOR PLANS2/26/2021 A104FLOOR PLAN2/26/2021 A105FLOOR PLAN3/15/2021 A106REFLECTED CEILING PLANS2/26/2021 A107REFLECTED CEILING PLANS2/26/2021 A108ROOF PLAN3/10/2021 A200EXTERIOR ELEVATIONS3/17/2021 A301BUILDING SECTIONS2/26/2021 A311WALL SECTIONS3/17/2021 A312WALL SECTIONS3/17/2021 A401ENLARGED FLOOR PLANS2/26/2021 A402ENLARGED FLOOR PLANS3/15/2021 A403INTERIOR ELEVATIONS3/15/2021 A501DETAILS3/17/2021 A502DETAILS3/17/2021 A503DETAILS3/15/2021 A504DETAILS3/17/2021 A505DETAILS3/17/2021 A506DETAILS3/15/2021 A507DETAILS3/15/2021 A601DOOR SCHEDULE3/15/2021 A602DOOR FRAME/ WINDOW TYPES2/26/2021 A603ROOM FINISH SCHEDULE3/15/2021 C100EXISTING CONDITIONS AND REMOVAL PLAN3/17/2021 C101SITE PLAN3/17/2021 C102UTILITY PLAN3/17/2021 C103SANITARY AND WATER PLAN AND PROFILE2/26/2021 C104GRADING PLAN3/17/2021 C105GRADING POINT PLAN3/17/2021 ™ AIA Document A132 (formerly A101CMa Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. – 2009 ™– 1992). Init. “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This 7 document was produced by AIA software at 09:51:57 ET on 08/03/2021 under Order No.5414554448 which expires on 12/13/2021, is not for resale, is licensed for ® / one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (726216570) Council Packet Page Number 97 of 208 G3, Attachment 2 C106EROSION CONTROL AND TURF ESTABLISHMENT PLAN3/17/2021 C107CONCRETE JOINT LAYOUT PLAN NORTH3/17/2021 C108CONCRETE JOINT LAYOUT PLAN SOUTH3/17/2021 C109SWPPP2/26/2021 C110SWPPP2/26/2021 C111TYPICAL SECTIONS2/26/2021 C112BIOINFILTRATION BASIN TYPICAL2/26/2021 C113DETAILS2/26/2021 C114DETAILS2/26/2021 C115DETAILS2/26/2021 C116DETAILS2/26/2021 C117MNDOT PEDESTRIAN CURB RAMP DETAILS2/26/2021 C118MNDOT PEDESTRIAN CURB RAMP DETAILS2/26/2021 C119MNDOT PAVEMENT JOINT DETAILS2/26/2021 C120MNDOT PAVEMENT JOINT DETAILS2/26/2021 E100FIRST LEVEL POWER PLAN3/15/2021 E101SECOND LEVEL POWER PLAN3/15/2021 E200FIRST LEVEL LIGHTING PLAN2/26/2021 E201SECOND LEVEL LIGHTING PLAN3/15/2021 E202LIGHTING ELEVATIONS3/15/2021 E300FIRST LEVEL LIGHTING CONTROLS PLAN2/26/2021 E301SECOND LEVEL LIGHTING CONTROLS PLAN2/26/2021 E400ELECTRICAL SCHEDULES & DETAILS3/15/2021 E401ELECTRICAL SCHEDULES & DETAILS3/15/2021 G001COVER SHEET2/26/2021 L100OVERALL PLANTING PLAN3/17/2021 L101ENLARGED PLANTING PLAN3/17/2021 L200PLANTING SCHEDULE & NOTES3/17/2021 L201PLANTING DETAILS2/26/2021 L300EXISTING TREE & VEGETATION PROTECTION PLAN3/17/2021 L301EXISTING TREE & VEGETATION PROTECTION DETAILS2/26/2021 L400LANDSCAPE IRRIGATION DIRECTIVE PLAN3/17/2021 M100FIRST LEVEL PIPING PLAN2/26/2021 M101SECOND LEVEL PIPING PLAN2/26/2021 M200FIRST LEVEL HVAC PLAN3/17/2021 M201SECOND LEVEL HVAC PLAN3/17/2021 M300MECHANICAL DETAILS & SCHEDULES2/26/2021 M301MECHANICAL DETAILS2/26/2021 MEP100EQUIPMENT SCHEDULE2/26/2021 MEP101EQUIPMENT SCHEDULE2/26/2021 MEP200MECHANICAL, ELECTRICAL AND PLUMBING ROOF PLAN2/26/2021 MEP300MECHANICAL, ELECTRICAL, PLUMBING SITE PLAN2/26/2021 P100FIRST LEVEL UNDERFLOOR PLUMBING PLAN2/26/2021 P101FIRST LEVEL ABOVE FLOOR PLUMBING PLAN3/15/2021 ™ AIA Document A132 (formerly A101CMa Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. – 2009 ™– 1992). Init. “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This 8 document was produced by AIA software at 09:51:57 ET on 08/03/2021 under Order No.5414554448 which expires on 12/13/2021, is not for resale, is licensed for ® / one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (726216570) Council Packet Page Number 98 of 208 G3, Attachment 2 P102SECOND LEVEL ABOVE FLOOR PLUMBING PLAN3/15/2021 P103WASTE & VENT RISER PLAN2/26/2021 P104WATER RISER PLAN2/26/2021 S001GENERAL STRUCTURAL NOTES2/26/2021 S002GENERAL STRUCTURAL NOTES2/26/2021 S003GENERAL STRUCTURAL ABBREVIATIONS AND SYMBOLS2/26/2021 S100OVERALL FOUNDATION PLAN2/26/2021 S101FOUNDATION PLAN - OFFICE AREA2/26/2021 S102FOUNDATION PLAN - APPARATUS AREA2/26/2021 S110Overall Level 2 AND MEZZANINE FLOOR FRAMING PLAN2/26/2021 S111FLOOR AND LOW ROOF FRAMING PLAN- OFFICE AREA2/26/2021 S112MEZZANINE FLOOR FRAMING PLAN - APPARATUS AREA2/26/2021 S120OVERALL ROOF FRAMING PLAN2/26/2021 S121ROOF FRAMING PLAN - OFFICE AREA2/26/2021 S122ROOF FRAMING PLAN - APPARATUS AREA2/26/2021 S201ENLARGED PLANS2/26/2021 S202TRASH ENCLOSURE PLAN AND DETAILS2/26/2021 S301BUILDING SECTIONS2/26/2021 S501FOUNDATION DETAILS2/26/2021 S502FOUNDATION DETAILS2/26/2021 S503FOUNDATION DETAILS2/26/2021 S504FOUNDATION DETAILS2/26/2021 S511FRAMING DETAILS2/26/2021 S521MASONRY DETAILS2/26/2021 S531PRECAST DETAILS2/26/2021 S532PRECAST DETAILS2/26/2021 S540STEEL DETAILS2/26/2021 S541STEEL DETAILS2/26/2021 S542STEEL DETAILS2/26/2021 S601SCHEDULES2/26/2021 § 9.1.6 The Addenda, if any: NumberDatePages Addendum 01 03/09/212 Addendum 0203/15/2137 Addendum 0303/17/2187 Portions of Addenda relating to bidding 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: ™ AIA Document A132 (formerly A101CMa Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. – 2009 ™– 1992). Init. “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This 9 document was produced by AIA software at 09:51:57 ET on 08/03/2021 under Order No.5414554448 which expires on 12/13/2021, is not for resale, is licensed for ® / one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (726216570) Council Packet Page Number 99 of 208 G3, Attachment 2 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232–2009. (Paragraph deleted) Type of Insurance or BondLimit of Liability or Bond Amount ($0.00) As indicated in the A232-2009 General Conditions 100% of Contract Sum This Agreement is entered into as of the day and year first written above. City of MaplewoodOtis Elevator Company OWNER (Signature)CONTRACTOR (Signature) Marylee Abrams, Mayor (Printed name and title)(Printed name and title) ™ AIA Document A132 (formerly A101CMa Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. – 2009 ™– 1992). Init. “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This 10 document was produced by AIA software at 09:51:57 ET on 08/03/2021 under Order No.5414554448 which expires on 12/13/2021, is not for resale, is licensed for ® / one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (726216570) Council Packet Page Number 100 of 208 G4 CITY COUNCIL STAFF REPORT Meeting Date August 9, 2021 REPORT TO: Melinda Coleman, City Manager Michael Mondor, Fire and EMS Chief REPORT FROM: Michael Mondor, Fire and EMS Chief PRESENTER: AGENDA ITEM: Resolution Directing Modification of Existing Construction Contract, Change Order No. 2 and No. 3, North Fire Station Construction Project Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: City Council will consider approving the attached resolution Directing Modification of the Existing Construction Contract, Change Order No. 2 and Change Order No. 3 for the North Fire Station Construction Project. Recommended Action: Motion to approve resolution Directing Modification of the Existing Construction Contract, Change Order No. 2 and Change Order No. 3, North Fire Station Construction Project and authorize the Mayor and City Manager to sign Change Order No. 2 and Change Order No. 3. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $63,036 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Fire Facility Fund Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Approval of Change Order No. 2 will increase the project construction amount by $62,159. Work Scope 05-A-Thornberg Steel Inc.-Structural Steel (Material): $48,660 for added steel which will change the contract amount from $488,210 to $536,870, Work Scope 05-B-KMH Erectors, Inc.-Structural Steel (Erection): $11,924 for increased steel erection costs which will change the contract amount from $156,300 to $168,224. Work Scope 03-M-Ebert Inc.-Concrete and Masonry: $1,575 for masonry changes which will change the contract amount from $752,200 to $753,775. Approval of Change Order No. 3 will increase the project construction amount by $877. Work Scope 05-A-Structural Steel (Material): $877 for fabricated canopy framing modifications which will change the contract amount from $536,870 to $537,747. Council Packet Page Number 101 of 208 G4 The revised contract amounts fall within the approved project budget of $13,100,000. No adjustments to the approved budget are necessary at this time. Background The City Council awarded construction contracts to Thornberg Steel Inc., KMH Erectors, Inc. and Ebert, Inc. as part of the North Fire Station Construction Project. Change Order No. 2 proposes to increase the construction contract by $62,159 to cover costs associated with roofing changes due to the need to redesign some of the roof structure due to supply shortages which would have negatively impacted the project timeline and increased overall project cost. Change Order No. 2 includes $48,660 to Thornberg Steel Inc. for added steel costs, $11,924 to KMH Erectors Inc. for added steel erection costs and $1,575 to Ebert, Inc. for masonry changes due to the roofing redesign. Staff considered alternate options and identified the roof redesign as the least cost option. Change Order No. 3 proposes to increase the construction contract by $877 to cover costs associated with modification of a fabricated canopy framing. Change order No. 3 includes $877 to Thornberg Steel Inc. for modification costs. The changes requested fall within the budgeted construction contingency costs and no changes to the project budget are required at this time. Attachments 1.Change Order No. 2 2.Change Order No. 3 3.Resolution Directing Modification of the Existing Construction Contract, Change Order No. 2 and Change Order No. 3 for the North Fire Station Construction Project. Council Packet Page Number 102 of 208 G4, Attachment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ouncil Packet Page Number 103 of 208 Council Packet Page Number 104 of 208 G4, Attachment 1 Council Packet G4, Attachment 1 Page Number 105 of 208 Council Packet Page Number 106 of 208 G4, Attachment 1 G4, Attachment 1 Council Packet Page Number 107 of 208 G4, Attachment 1 Maplewood North Fire Station EBERT CONSTRUCTION Date :5/28/21 23350 County Road 10 Corcoran, MN 55357 PCO #:004 Project Manager: David SwansonPR/SI #02.2 COST SUMMARY DescriptionCostNotes/Attachments Labor Total$ - (Auto Fill from Sub-Total Below) Materials and Equipment Total$ - (Auto Fill from Sub-Total Below) Tax on Materials and Equipment Only$ - <<< Provide Sales/Use Tax Total Self Performed Subtotal$ - 10% Overhead and Profit$ - (10% is the max fee allowed on CO's) Self Performed Total$ - Subcontractors$ 1,500.00Auto Fill from Sub-Total Below 5% Overhead and Profit on Subs$ 75.00(5% is the max allowed on subcontractors) Subcontractor Total$ 1,575.00 TOTAL COST OF CHANGE$ 1,575.00 Signature:David Swanson Contractor acknowledges no other Costs assciated with this PCO. PROVIDE DETAIL BREAKDOWN BELOW: Labor By TaskQtyUnitUnit CostTotal Cost υ Ώ υ Ώ υ Ώ υ Ώ Sub-Total υ Ώ Materials and Equipment By TaskQtyUnitUnit CostTotal Cost υ Ώ υ Ώ υ Ώ υ Ώ υ Ώ υ Ώ υ Ώ υ Ώ Sub-Total υ Ώ Sub-Contractor ProposalsDescription of WorkTotal Cost {ĭŷğŷƓ /ƚƓƭƷƩǒĭƷźƚƓ {ĻƩǝźĭĻƭͲ \[\[/ağƭƚƓƩǤυ ЊͲЎЉЉ͵ЉЉ υ Ώ υ Ώ υ Ώ Sub-Total(Attach Sub-Contractor Proposals)υ ЊͲЎЉЉ͵ЉЉ Council Packet Page Number 108 of 208 G4, Attachment 1 Council Packet Page Number 109 of 208 G4, Attachment 1 Council Packet Page Number 110 of 208 G4, Attachment 1 Change Order Request Date: May 28, 2021 To:Ebert Construction From:Steve Schahn 23350 Co Rd 10 Corcoran, MN 55357 Project: Maplewood Fire Station Attn: David Swanson Re:PR #02.2 / PCO 004 Request Number: PR ##02.2 / PCO 004 SCS Request Number: COR2131.01 Description: Added reinforcing at the top of wall for roof bearing Labor 10 HRS $ 850.00 Materials$ 650.00 TOTAL ADD:$ 1,500.00 Notes: (for SCS office use only below this line) Approved ________ CO # ____________Date_____________ VALUE ________________ Council Packet Page Number 111 of 208 G4, Attachment 1 501 South Eighth Street Minneapolis,MN55404 Request For Proposal Project:2110032-02PCO #:2 Maplewood North Fire Station 1530 County Road C East Maplewood,MN55109Date:05/07/2021 To:Dale Sonnichsen, Kraus-Anderson Construction Company Jake Walton, Kraus-Anderson Construction Company Michael Mondor, City Of Maplewood Brad Johnson, KMH Erectors, Inc. Spencer Lorentzen, Thornberg Steel, Inc. Nathan Roscovius, Wells Concrete Products Company Please provide a cost breakdown in accordance with the Contract Documents and a Summary for the Change described herein and on the attachments (if any) listed.All responses are required within seven (7) days. This is not an authorization to proceed with the work described herein unless and until approved by the Owner. On approval, this change will be included in a Change Order, which will provide the formal Contract Change. DESCRIPTION OF PROPOSAL: Please provide us with a written cost estimate per the attached SEH PR 02.1: Roof Framing. Attachments:SEH PR 02.1 Dated 5/7/21 We have reviewed the PCO completion date. Signed By:Date: Company Name: Council Packet Page Number 112 of 208 G4, Attachment 1 ™ Document G709 – 2018 Proposal Request Architect’s Project Number: PROJECT: (name and address)CONTRACT INFORMATION: Proposal Request Number: Contract For: General Construction Proposal Request Date: Date: OWNER: (name and address) CONTRACTOR: (name and address) ARCHITECT:(name and address) Short Elliott Hendrickson, Inc. 3535 Vadnais Center Drive St. Paul, MN 55110 The Owner requests an itemized proposal for changes to the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. The Contractor shall submit this proposal within seven (7) days or notify the Architect in writing of the anticipated date of submission. (Insert a detailed description of the proposed modifications to the Contract Documents and, if applicable, attach or reference specific exhibits.) Submit cost for labor and materials to provide THIS IS NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE, OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. REQUESTED BY THE ARCHITECT: Brian Bergstrom, AIA, Project Manager PRINTED NAME AND TITLE ™ AIA Document G709 Copyright © 1993, 2001 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of – 2018. Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was 1 produced by AIA software at 10:56:00 ET on 09/10/2020 under Order No.0709812657 which expires on 04/10/2021, is not for resale, is licensed for one-time use ® only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA4C) Council Packet Page Number 113 of 208 Council R Packet ROOF FRAMING PLAN GENERAL NOTES: SL TOTAL (TYPICAL UNLESS NOTED OTHERWISE) = 124 PSF 1.ROOF JOIST BEARING ELEVATION: SEE PLAN I HEREBY CERTIFY THAT THIS PLAN, 2.ROOF DECK: SPECIFICATION, OR REPORT WAS Page 1 1/2" DEEP -22ga (0.0295") TYPE B METAL ROOF DECK PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY MINIMUM PROPERTIES: 4 LICENSEDPROFESSIONAL ENGINEER I = 0.169 in/ft UNDER THE LAWS OF THE STATE OF Sp = 0.186 in3/ft MINNESOTA 5'-0" SN = 0.192 in3/ft 10K116K524K6 10K1 1 1/2" DEEP -18ga (0.0474") TYPE B METAL ROOF DECK MINIMUM PROPERTIES: Number I = 0.277 in4/ft Sp = 0.306 in3/ft 10K110K116K516K524K624K6 Sn = 0.318 in3/ft 10K110K1 Benjamin A. Wolf 127' - 9 1/2" CONNECTORS: 5/8" PUDDLE WELDS ON A 36/4 PATTERN TO SUPPORTS -12" o.c. 02-26-2021 40807 DATELICENSE NO. SIDELAP FASTENERS: (1) #10 TEK SCREWS PER SPAN. TBE 10K116K524K6 INSTALL DECK OVER A MINIMUM OF 3 SPANS CONTINUOUS. 10K1Project Owner City of Maplewood 3.JOIST AND TRUSS DESIGN CRITERIA: DEAD LOAD: 114 10K110K110K110K116K516K524KCS324KCS3 25psf -TYPICAL U.N.O. JOISTS DESIGNED TO SUPPORT ROOF TOP MECHANICAL LOADS ONLY AT LOCATIONS INDICATED ON PLANS. SNOW LOADS: JBE = 128'-5" BALANCED SNOW LOAD: 42 psf 5'-0" (TYP. JOIST BEARING 16K416K424KCS324KCS3 ON GRID 12 PRECAST of 4.JOIST BRIDGING SHALL BE OF THE SIZE, TYPE, AND SPACING AS PER SJI. FINAL SIZES, QUANTITIES, AND WALL) LOCATIONS SHALL BE AS PER STEEL JOIST SHOP DRAWINGS. PROVISIONAL LOCATIONS ARE AS INDICATED ON PLANS. 208 16K416K416K416K424KCS324KCS3 127' - 9 1/2" 5.TYPICAL "W" BEAM SPLICES (U.N.O.) 3,000 LBS PROVIDE DOUBLE ANGLE BEAM SPLICE WHERE INDICATED ON PLAN. TBE (4)L6x4x1/2 ANGLES -(3) 3/4"Ø A325N BOLTS TO EACH BEAM. REFERENCE DETAIL 16K416K424KCS3 128' - 3" 6.INDICATES STEEL BEAM CONTINUOUS OVER STEEL COLUMN -SEE DETAIL FOR BEAM BEARING. PDL = 1.5k, ROOF SL = 2.4k TBE 7. INDICATES UNFACTORED LATERAL LOAD AT ROOF DIAPHRAGM DUE TO WIND. 16K416K416KCS516KCS524K624K6 8.SEE ARCHITECTURAL DRAWINGS FOR PROPOSED LOCATIONS OF PRECAST WALL PANEL JOINTS. 88'-4" 16K416KCS516KCS524K6 7 SPA AT 5'-0" o.c. = 35'-0" D 16K416K416KCS516KCS524K624K6 127' - 9 1/2" PDL = 2.4k, PSL = 3.9kP 16 SPA AT 5'-0" o.c. = 80'-0" ROOF FRAMING PLAN KEYNOTES: 3,000 LBS TBE L1 128' - 3" 16K416KCS524K6 JOIST BRIDGING PER SJI TBE L6x4x3/8 CONTINUOUS DECK EDGE BEARING ANGLE -SECURE TO PRECAST WALL PANEL EMBED PLATES AT 4'-0" o.c. MAX. DESIGN OF EMBED PLATES BY PRECAST SUPPLIER. 10K112K312K316K416K424K624K6 RTU -COORDINATE SIZE AND LOCATION WITH FINAL ARCHITECTURAL AND MECHANICAL DRAWINGS. 12K316K4127' - 9 1/2" 2'-8" 3'-0" W8X18TBE 127' - 4" 5'-0" 4 SLOPED PERIMETER BEAMS SET 2 1/2" HIGHER THAN DESIGNATED JOIST BEARING ELEVATIONS AT EACH END.TBE '- 26K726K724K6 2'-4"2 10K1 6" LIGHT GAUGE INFILL WALL FROM ELEVATION 114'-7" (LEVEL 2 FFE) TO TOP OF PARAPET HEIGHT -SEE L1 ARCHITECTURAL DRAWINGS 10K126K726K724K624K6 SL TOTAL JOIST BEARING VARIES -FOLLOW SLOPE OF JOIST GIRDERS 0" = 124 PSF PATTERNED REGION DESIGNATES AREA OF 1 1/2" DEEP 18ga TYPE B ROOF DECK. 10K110K126K726K724K6 DIAGONAL BRACED FRAME -SEE ELEVATIONAND DETAIL S AND H/S511H-A/S511H-B/S511 42 PSF BAL ROOF MOUNTED MECHANICAL UNIT -SEE MECHANICAL PLANS FOR FINAL LOCATION AND UNIT SELECTION. SEE 127' - 9 1/2" DETAIL FOR FRAMING AT OPENING THROUGH METAL ROOF DECK AND DETAILS ANDE/S541B/S540D/S541 10K126K726K724K624K6 FOR JOIST REINFORCEMENT AT MECHANICAL UNIT LOCATIONS.TBE 4 SPA AT 5'-0" o.c. = 20'-0" / ROOF HATCH -SEE ARCHITECTURAL DRAWINGS FOR SIZE AND FINAL LOCATION. SEE DETAILES541 FOR FRAMINGATOPENING THROUGH METAL ROOFDECK 10K110K126K726K724K6 13.40 ft C12x20.7 OVERHANG SUPPORT INSTALLED WITH FLANGES IN ROOF DECK FLUTES -SPACED AT 4'-0" o.c. MAX. W8X18 TBE = 128'-7 1/2" 4'-11"4'-11" L4x4x3/8 CONTINUOUS EDGE ANGLE 10K1W16X36TBE VARIESW16X36TBE VARIES 67 PSF 5'-9"124 PSF TOTALW8X10 TOTAL 20K520K5 TBE = TBE = 128'-7 1/2" W8X18 128'-7 1/2" 20K5 15.90 ft 42 PSF 86 PSF BAL 31'-8" 20K520K5 TOTAL 42 PSF BAL 72 PSF 42 PSF 8.50 ft TOTAL BAL This drawing is an instrument of service and shall 20K5 remain the property of Short Elliott Hendrickson, Inc. 42 PSF (SEH). This drawing, concepts and ideas contained BAL herein shall not be used, reproduced, revised, or 11.70 ft retained without the express written approval of SEH. 11.70 ft 72 PSF 20K520K5 Submission or distribution of this drawing to meet official or regulatory requirements or for purposes in TOTAL connection with the project is not be construed as publication in derogation of any of the rights of SEH. 20K5 MAPLE 155598 SEH Project Checked ByBWOLF Drawn ByNSIEMS 20K520K5 Project StatusIssue Date BiddingFeb. 26, 2021 20K5 REVISION SCHEDULE 20K520K5 G4, Attachment 1 REV. #DESCRIPTIONDATE 38'-0" 20K5 20K520K5 20K5 ROOF FRAMING PLAN -OFFICE AREA 1 ROOF FRAMING PLAN - S1211/8" = 1'-0" OFFICE AREA 2/26/2021 3:35:41 PM 30'-0" S121 G4, Attachment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ouncil Packet Page Number 115 of 208 Council Packet Page Number 116 of 208 G4, Attachment 2 J1 CITY COUNCIL STAFF REPORT Meeting Date August 9, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER:Jeff Thomson, Community Development Director AGENDA ITEM: Lot Width Variance Resolution, 2010 EdgertonStreetNorth Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Bruce and Denise Wold (property owners) have requested a variance to the required minimum lot width for an interior lot in order to subdivide the existing property located at 2010 Edgerton Street North. The required minimum lot width standard is 60 feet at the front lot line along Edgerton Street. The applicant is proposing to create a second lot, with a width of 34 feet at the front lot line. To move forward with this project, the applicant needs city council approval of the following: a variance from the City’s subdivision ordinance and shoreland overlay district ordinance, to allow a lot width of 34 feet. Recommended Action: (Staff Recommendation) Motion to approve a resolution denying a variance request to create a lot 34 feet in width for the property located at 2010 Edgerton Street North. (Planning Commission Recommendation) Motion to approve a resolution approving a variance from the City’s subdivision ordinance and shoreland overlay district ordinance, to allow a lot width of 34 feet for the property located at 2010 Edgerton Street North. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. Council Packet Page Number 117 of 208 J1 The City deemed the application complete on June 29, 2021. The initial 60-day review deadline is August 28, 2021. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary in order to complete the review of the application. Background: Bruce and Denise Wold (property owners) have requested a variance to the required minimum lot width standard in order to subdivide the existing property located at 2010 Edgerton Street North, creating a second lot 34 feet in width. The request for the lot width variance would allow the property owners to proceed with a lot division application to formally subdivide the parcel, build a new residential home on the new lot, and sell the existing property. However, if the variance is not approved the lot division application cannot proceed as proposed. The City’s subdivision ordinance and design standards require newly subdivided lots to be a minimum of 60 feet at the front lot line (Edgerton Street). In addition, the property is located in a shoreland overlay district and the north section is located in a wetland. City code requires that lots within a shoreland overlay district be 75 feet in width. Lot width Variance State statute allows variances to be approved when practical difficulties exist. State statute also dictates that practical difficulties occur when the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Staff has reviewed the application and finds the request to create a lot 34 feet in width does not meet the practical difficulties standard which must be applied. The existing circumstances are not unique to this property and a 34 foot wide lot at the front property line along Edgerton, is out of character for the neighborhood. Further, the proposal would not be in harmony with city goals and policies outlined in the comprehensive plan and official controls, given the need for a shoreland overlay district variance. Department Comments Engineering, Environmental Health, Public Safety and Building Inspections No comments. Environmental 1. Shoreland Overlay District: The City’s Shoreland Ordinance classifies Lake Oehrlein as a Class IV Water. a. Lot Width: Class IV Waters require a 75-foot lot width. The proposed lot division will require a 34-foot lot width variance from the City’s Shoreland Ordinance. b. Building Setback: Class IV Waters require a minimum building setback from the ordinary high water mark of 75 feet. The survey reflects that the new buildings including the house and workshop meet the required 75-foot setback. Council Packet Page Number 118 of 208 J1 c.Development of the Lot: Development of the lot must comply with all other Shoreland Ordinance requirements as outlined in City Code. 2.Wetland Ordinance: a.Wetland Buffer: The City’s Wetland Ordinance classifies Lake Oehrlein as Manage B wetland. City code requires a 50-foot (75-foot) buffer to be maintained along a Manage B wetland that is adjacent a lake. There is no building, grading, or mowing allowed within the wetland buffer. The survey reflects that the new buildings and development maintain a 75- foot setback to the lake. However, to ensure there is no grading within the buffer, the applicant shall submit a grading plan showing the grading line adjacent the lake. If there is grading within the required buffer, a wetland buffer variance will be required for the development of the new lot. b.Wetland Signs: At least three wetland buffer signs shall be installed along the wetland buffer edge. The City manufactures the signs and charges the applicant a fee of $30 per sign. The signs identify the buffer and that there is no building, grading, or mowing allowed. 3.Tree Ordinance: Development of the new lot must comply with the City’s tree preservation ordinance. The applicant shall submit a tree plan showing all significant trees on the lot, and which of those trees will be removed with development. Tree replacement may be required. Commission Review July 20, 2021: The planning commission held a public hearing and reviewed this application. The commission made a motion to approve the draft resolution denying the variance request. The motion did not pass, with one (1) aye vote and five (5) nay votes. The planning commission did not agree with the recommendation and resolution presented by staff. Therefore a second motion and resolution to approve the variance is included in this report for consideration by the city council. If the council agrees with staff’s recommendation to deny the variance request, please use the first motion under recommended action and attachment (1) one for a vote. If the council agrees with the planning commission to approve the variance request, please use the second motion under recommended action and attachment (2) two for a vote. A copy of the planning commission meeting minutes are included for reference. Citizen Comments Staff surveyed the surrounding property owners within 500 feet of the subject property for their opinion about this proposal. Staff received twelve (12) responses – all shown below. 1.We received this variance application just before a holiday weekend with little time to review and respond. Is this the usual comment period? We do not approve of this deviation from the large lot sizes so valued in our neighborhood. The available space along Edgerton is insufficient for off street parking and access to the premises for emergency vehicles. There is no sidewalk along Edgerton and parked cars would make for unsafe walking and biking. There is already plenty of traffic on the street and increasing the population density will degrade the environment both on the street and along the lake, which is home to a valued population of wildlife. We worry that this development would open our neighborhood to further degradation by this kind of development. There are many large lots that could follow in succession if this precedent is allowed. (Ken and Camille Johnson, 1994 Payne Avenue) Council Packet Page Number 119 of 208 J1 2. My home is on Oehrline Lake, at 673 Belmont Lane E. My biggest concern about this variance request is that it means a significant change in the wildlife habitat for this area, which is of great importance to us and many others in this area. The affected area on the south shore of the lake is the single largest natural area adjacent to this lake, and is an area of great importance to birds, waterfowl, deer - all important reasons we enjoy living here. The proposed changes would have significant and long range effects. (Ronald F. Ofstead, 673 Belmont Lane E) 3. Thank you for the opportunity to comment on Bruce and Denise Wold’s variance request. The Wolds are fine neighbors and active members of Oehrlines Lake Association. I would be sad to see them leave the neighborhood. I helped establish the Oehrlines Lake Association because lake owners on Oehrlines are passionate about their unique neighborhood and semi-rural setting. I am still the unofficial head of the organization. For thirty years, I have organized lakeshore owners, working with the DNR and with Lake Management of Marine on St. Croix, to try and keep the lake healthy. As neighbors, we know each other and alert each other to anything unusual we observe on the lake and to any variances or City plans that will affect the lake and this unique neighborhood. I am troubled that we learned only last Saturday, on a holiday weekend, about the variance request for 2010 Edgerton. Asking for comments by tomorrow, July 6, gives us little time to reflect, let alone talk to one another. Many residents are away, and those of us who have talked to one another are uncertain how many residents even received your mailing. What some neighbors are discussing, and I hope the City will examine, is whether a variance to allow for a long driveway will impact adjacent neighbors, will change the character of what about 80 years ago was deliberately platted to create open space adjacent to the lake, and will set a precedent others may follow to subdivide and develop their lots on Oehrlines Lake. I had the opportunity to talk with Dr. Ostergren, who was in his 80s, before he sold his house to the Wolds in 1997. He told me how deliberately he had platted the many acres he owned along Edgerton Street, selling some to others, to deter overdevelopment and preserve open space on and around Oehrlines Lake. People move to Oehrlines for its semi-rural character. I am wondering how many neighbors, adjacent to or across the lake from the proposed second Wold house, built or bought where they did on the assumption there would always be open space. We all know there are lot size standards precluding a long driveway being laid from Edgerton Street. For some neighbors, changing that rule is shocking, as much as they like Bruce and Denise. Please allow sufficient time for all interested homeowners on and around Oehrlines to weigh in before you report to the planning commission and the City. In closing, let me express my personal questions about the proposed second house with regard to sewer and water: how will sewer services and water reach a house over 300 feet from the street at a point where the land elevations drop? Will the hillside be re-contoured? Will there be a pumping station? Septic system? What will be the environmental impact on Oehrlines Lake? These questions concern me. Thank you for inviting comments, for listening, and for postponing reporting to the commission and City until residents on and around Oehrlines can weigh in. I have told residents who contacted me today that I would ask you to extend the time for feedback. (Dianne Del Giorno, 655 East Belmont Lane) 4. We are very grateful to Bruce and Denise Wold. Their large lot has been a great sanctuary for wildlife and beauty. It is very close to our lot, so for those reasons we hope the lot remains unchanged. We also believe the wildlife would be thankful if the Wolds leave their lot unchanged. Thank you for your consideration. (Susan and James Barnett, 660 E Belmont Ln) Council Packet Page Number 120 of 208 J1 5. We have no objection to the variance requested by Bruce and Dennis Wold. We appreciate their stewardship of the land and lakeshore. (Patricia and Thomas Galligher, 1989 Payne Ave) 6. We are opposed to the issue of a variance for purpose of adding another home on the Lake Oehrline shoreline. The aquatic vegetation has become overwhelming in the last few years. Removal of the existing 100 year old trees to erect a home and surrounding grass lawn will only add to the vegetation problem due to the use of more fertilizer run off into the lake. We request that you seriously consider our position. (The following email received after the Planning Commission meeting) I was very impressed with the decision of the city planners to deny the request for a variance for the property at 2010 Edgerton Street. The city based its decision on the needs of the city and its neighborhoods to have consistent rules and regulations for future development. The city plan and codes are based on common sense and the problem of setting precedents for future plans or exceptions to the existing codes. On the other hand, the Planning Commission seemed to base its decision to allow the variance on the emotions of helping the petitioners. It seems that they were not considering the long range implication of this decision. The Wolds needs are short term. What happens in ten years when the Wolds no longer can live on this property? The City Planners are aware of the long term problems with this variance. The Environmental Commissioner also commented and recommended denial of this variance. Hopefully you will stress the long term advantage of denial of the variance in your presentation to the City Council. Could you please let us know when the City Council will be meeting on this issue? Thank you for your time! (Bob and Sandy Jones, 650 E Belmont Ln) 7. I received the notice regarding 2010 Edgerton and read the plans and proposal. I support the home owners plan to create 2 lots and subdivide their land. Thank you for seeking feedback, I appreciate it! (Peggy Bloomstrand, 1981 Lee Street) 8. Paul Nelson and I own the property at 2004 Edgerton St. Thank you for your letter requesting feedback on Bruce and Denise Wold's application for a variance to the lot width requirement. We have carefully studied the Wold's request and the attached planning documents. We oppose the variance request. If additional information is required, we would be happy to provide a list of factors we considered in our opinion on this matter. (Kaz Nelson, 2004 Edgerton Street) 9. We have no concerns - thank you! (Beth Lingren Clark, address not provided) 10. This email is in response to your letter dated July 1, which we received July 3 (in the middle of the 4th of July weekend). It asks for a very prompt response, stating that you need response comments by July 6. We appreciate the notification and request for our response, and for the enclosed maps, which indicate the location of the lakeside lot for which variance is requested. While the request is for a variance exception from 75 feet on the lot width facing Edgerton, to downsize to 34 feet, in order to create a second lot to build their desired proposed house, an exceptionally long driveway of 12 feet by 250 feet down to the lake behind their current home is in the proposed plan. It is obvious that there will be environmental impact, both known and unknown. The known is that the lakeshore part of that lot is currently a wooded home to wildlife. The unknown impact, which is more concerning, is whether the elevation of the proposed house site is high enough to not cause future sewage contamination of this Maplewood Lake, Lake Oehrlines. Because the elevation of Edgerton Street is definitely higher than the proposed site, and the distance from that site back to Edgerton and its main sewage line is uphill and long, our concern Council Packet Page Number 121 of 208 J1 would be future sewage backup/and or overflow. Please take into consideration these concerns when evaluating whether or not to grant an ordinance for a second lot down to the lake from Edgerton Street. Thank you for your consideration of these environmental concerns. (Demetri and Joanne Halatsis, 661 Belmont Ln E) 11. This is Anthony and Germaine Rodriguez at 2049 Edgerton Street. We just wanted to give our support for the Variance request at 2010 Edgerton Street. We believe that it is Expedient for this property for the safety and ease of access for this couple and for any emergency vehicles. Thank you so very much. (Anthony and Germaine Rodriguez, 2049 Edgerton Street) 12. My apologies for sending you this letter past the July 6th deadline. My husband and I have been away on vacation, and upon returning, we've needed a few days to consider the matter of Bruce and Denise's request to divide their property and build a new home on the back- half, facing Oehrline Lake. While I admit, my first reaction was disappointment and fear over losing what is now a gorgeous view of pristine woods from our kitchen and back deck; my husband and I have talked with Bruce and Denise, reviewed their plans, and decided that their new house will be nestled far enough away from the lakeshore to not affect our view that much. Therefore, it would be a shame to deny them their dreams for our selfish reasons. As such, we endorse their plans to move forward. Please feel free to contact me with any questions or concerns. (Anne Marie and Todd Forrester, 2032 Edgerton Street) Reference Information Site Description Site Size: 2.86 acres Surrounding Land Uses North: Low Density Residential East: Low Density Residential South: Low Density Residential West: Multiple Dwelling and Parks and Open Space Planning Existing Land Use: Low Density Residential Existing Zoning: R1, Residential Single Dwelling Attachments: 1. Setback Variance Resolution (to deny the variance) 2. Setback Variance Resolution (to approve the variance) 3. Planning Commission Meeting Minutes 4. Overview Map 5. 2040 Future Land Use Map 6. Zoning Map 7. Applicant’s Narrative 8. Applicant’s Survey Council Packet Page Number 122 of 208 J1, Attachment 1 LOT WIDTH VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Bruce and Denise Wold (property owners) have requested a variance to the required minimum lot width in order to subdivide the existing property located at 2010 Edgerton Street North. 1.02 A variance is requested to allow a lot width of 34 feet. 1.03 The property located at 2010 Edgerton Street North is legally described as: PID# 172922130078 The North 320 feet of the West Half of the Southwest Quarter of the Northeast Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota, EXCEPT the North 182 feet of the West 195 feet thereof and ALSO EXCEPT the East 145 thereof. Section 2. Standards. 2.01 Variance Standard. City Ordinance Section 44-13 refers to state statute which states a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) the proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; (3) the variance, if granted, will not alter the essential character of the locality. Section 3. Findings. 3.01 The variance request for a lot width of 34 feet does not meet the required standards for a variance. Staff does not find: 1. That the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; 2. That the need for a variance is in harmony with the general purposes and intent of this ordinance; and 3. That the variance is consistent with the comprehensive plan. Section 4. City Review Process 4.01 The City conducted the following review when considering the variance requests. 4.02 On July 20, 2021, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance Council Packet Page Number 123 of 208 J1, Attachment 1 to speak and present written statements. The planning commission recommended that the city council ___________ this resolution. 4.03 On August 9, 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 _______ the resolution. Denial of the application is based on the findings outlined in section 3 of this resolution. _____________ by the City Council of the City of Maplewood, Minnesota, on August 9, 2021. Council Packet Page Number 124 of 208 J1, Attachment 2 LOT WIDTH VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Bruce and Denise Wold (property owners) have requested a variance to the required minimum lot width in order to subdivide the existing property located at 2010 Edgerton Street North. 1.02 A variance is requested to allow a lot width of 34 feet. 1.03 The property located at 2010 Edgerton Street North is legally described as: PID# 172922130078 The North 320 feet of the West Half of the Southwest Quarter of the Northeast Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota, EXCEPT the North 182 feet of the West 195 feet thereof and ALSO EXCEPT the East 145 thereof. Section 2. Standards. 2.01 Variance Standard. City Ordinance Section 44-13 refers to state statute which states a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) the proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; (3) the variance, if granted, will not alter the essential character of the locality. Section 3. Findings. 3.01 The variance request meets the required standards for a variance. Section 4. City Review Process 4.01 The City conducted the following review when considering the variance requests. 4.02 On July 20, 2021, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council ___________ this resolution. 4.03 On August 9, 2021, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council Council Packet Page Number 125 of 208 J1, Attachment 2 5.01 The city council hereby _______ the resolution. Approval of the application is based on the findings outlined in section 3 of this resolution. __________ by the City Council of the City of Maplewood, Minnesota, on August 9, 2021. Council Packet Page Number 126 of 208 J1, Attachment 3 Council Packet Page Number 127 of 208 J1, Attachment 4 Source: City of Maplewood, Ramsey County Council Packet Page Number 128 of 208 J1, Attachment 5 Source: City of Maplewood, Ramsey County Council Packet Page Number 129 of 208 J1, Attachment 6 Source: City of Maplewood, Ramsey County Council Packet Page Number 130 of 208 J1, Attachment 7 Council Packet Page Number 131 of 208 J1, Attachment 7 Council Packet Page Number 132 of 208 Council Packet Page Number 133 of 208 For the permanent record: Meeting Date: 8/09/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J1, Additional Attachment reasonable manner circumstances unique to the property not alter the essential character of the locality For the permanent record: Meeting Date: 8/09/2021 Agenda Item J1, Additional Attachment (draft resolution provided) (draft resolution provided) For the permanent record: Meeting Date: 8/09/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J1, Additional Attachment J2 CITY COUNCILSTAFF REPORT Meeting Date August 9, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: Setback Varianceand Conditional Use PermitResolution, 2134 Arcade StreetNorth Action Requested: MotionDiscussion Public Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: Input/Output Design Office, Inc. on behalf of Carol Grant (property owner) has requested a variance and conditional use permit in order to construct an addition to the existing home on the property located at 2134 Arcade Street North. To move forward with this project, the applicant needs city council approval of the following: a variance from the required side yard setback of 20 feet, and a conditional use permit to exceed the maximum allowed square footage for accessory structures of 2,500 sq. ft. Recommended Action: Motion to approve a resolution approving a side yard setback variance, and conditional use permit to exceed accessory structure size standards for a proposed building addition at 2134 Arcade Street North. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The City deemed the application complete on June 21, 2021. The initial 60-day review deadline is August 20, 2021. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary in order to complete the review of the application. Background: Input/Output Design Office, Inc. on behalf of Carol Grant (property owner) has requested a variance in order to construct an addition to the existing home on the property located at 2134 Arcade Street Council Packet Page Number 134 of 208 J2 North. The property owner wishes to construct an addition on the southwest corner and side of the existing house which would include additional living space and an attached two-car garage. The proposed addition is setback 15 feet from the south (side) property line. The property is located in the RE 30, Residential Estate District. The required side yard setback for this district is 20 feet. The proposed addition includes 598 square feet for an attached garage. The property has two existing detached accessory structures on the property totaling 1,975 square feet. Properties in this zoning designation are permitted to have up to 2,500 square feet of a combination of detached and attached accessory structures. This allowance is based on the size of the parcel, with this being the largest allowance for lots over 42,000 square feet. With the proposed third structure, the property would exceed the allowable square footage by 73 square feet. The city council may approve an increase in area by conditional use permit Setback Variance State statute allows variances to be approved when practical difficulties exist. State statute also dictates that practical difficulties occur when the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Staff has reviewed the application and finds that the request for the side yard setback meets the practical difficulties standard due to the elevation changes going north on the lot and the desire to have a reasonably sloped driveway. Conditional Use Permit City Code Section 44-114 (c) Accessory Buildings, allows for: The city council may approve an increase in height or area by conditional use permit. Staff has reviewed the application and finds that the request for an increase in area for the proposed accessory structure meets the required general standards for a conditional use permit. Department Comments Engineering Engineering has no concerns with this proposal. The applicant will be required to obtain permits (grading/erosion control) for the proposed work. Environmental, Environmental Health, Public Safety and Building Inspections No comments. Commission Review July 20, 2021: The planning commission held a public hearing and review this application. The commission voted unanimously to approve the variance and conditional use permit. Citizen Comments Staff surveyed the surrounding property owners within 500 feet of the subject property for their opinion about this proposal. Staff received three responses – all shown below. Council Packet Page Number 135 of 208 J2 1.Just letting you know that we do not have a problem with the request for a variance. (Richard and Teresa Bruckner, 2158 and 2160 Arcade Street N) 2.We received your letter regarding the Grant variance. Carol had already told me about it. We don't have any concerns on Request #2. Our neighbors also let us know they received the letter and have shared their concerns with us. When Carol let us know about this we asked if the property line and potential building would be staked out. I thought that was standard procedure that way we can see exactly where it will be. Will that happen? We did measure it but not 100% sure we have it correct. Request #1 Concerns: There is a row of pine trees that follow the property line, we believe they fall on our side. Will some of them need to come down to build the addition? We would prefer they not be interrupted. I have seen the plans prior to this and know there is a deck off the back, will that fall within the same boundaries? The Nelson's claim they have a 10ft easement access to the lake on the Grant property line and it will prohibit their (or a future resident) access. They are trying to locate the documentation for this and may reach out to you directly. (Toni Amenrud, 855 Burke Ct. E) 3.We have reviewed the documents that request two variances for Carol Grant, 2134 Arcade Street and we have no objections. (Scott Strobel and Sarah Taylor, 2144 Arcade Street N) Reference Information Site Description Site Size: 1.90 acres Surrounding Land Uses North: Low Density Residential East: Keller Lake South: Low Density Residential West: Low Density Residential Planning Existing Land Use: Low Density Residential Existing Zoning: RE 30, Residential Estate Attachments: 1.Variance and Conditional Use Permit Resolution 2.July 20, 2021 Planning Commission Meeting Minutes 3.Overview Map 4.2040 Future Land Use Map 5.Zoning Map 6.Applicant’s Narrative 7.Applicant’s Plans Council Packet Page Number 136 of 208 J2, Attachment 1 SETBACK VARIANCE AND CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Input/Output Design Office, Inc. on behalf of Carol Grant (property owner) has requested approval of a variance and conditional use permit for the property located at 2134 Arcade Street North. 1.02 A variance is requested to the required side yard setback. The required setback is 20 feet, and the applicant is proposing to construct the addition 15 feet from the side property line. 1.03 A conditional use permit is requested to exceed the maximum allowed square footage that is permitted for accessory structures in the zoning district. The property is permitted to have up to 2,500 square feet of attached and detached accessory structure space. The applicant is requesting to have an additional 73 square feet of accessory structure area, for a total of 2,573 square feet. 1.04 The property located at 2134 Arcade Street North is legally described as: PID# 092922330013 / TORRENS / Torrens Certificate No. 534406: The North 103.65 feet of the South 212.29 feet of that part of the Southwest Quarter of the Southwest Quarter of Section 9, Township 29 North, Range 22 West, Ramsey County, Minnesota, lying West of a line described as follows: Commencing at a point on the South line of said Section 9 a distance of 780 feet East of the Southwest corner of said Section 9 and running at a bearing of North 21 degrees, 58 minutes East a distance of 181.85 feet; thence North 2 degrees, Setting survey markers or verifying existing survey markers to establish the corners of the property. 19 minutes West a distance of 43.68 feet to a point 212.29 feet due North of said South line of Section 9, according to the United States Government Survey thereof. Section 2. Standards. 2.01 Variance Standard. City Ordinance Section 44-13 refers to state statute which states a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) the proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; (3) the variance, if granted, will not alter the essential character of the locality. 2.02 Conditional Use Permit Standard. City Ordinance Section 44-1097. The City Council must base approval of a Conditional Use Permit on the following nine standards of approval. Council Packet Page Number 137 of 208 J2, Attachment 1 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The variance request meets the required standards for a variance. 3.02 The conditional use permit request meets the required standards for a conditional use permit. Section 4. City Review Process 4.01 The City conducted the following review when considering the variance requests. 4.02 On July 20, 2021, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 4.03 On August 9, 2021, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council Council Packet Page Number 138 of 208 J2, Attachment 1 5.01 The city council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.The project must be started within one year of council approval or the approval will become null and void. The council may extend this deadline for one year upon request. 2.The applicant shall obtain any required permits from the City of Maplewood. __________ by the City Council of the City of Maplewood, Minnesota, on August 9, 2021. Council Packet Page Number 139 of 208 J2, Attachment 2 Council Packet Page Number 140 of 208 J2, Attachment 3 Source: City of Maplewood, Ramsey County Council Packet Page Number 141 of 208 J2, Attachment 4 Source: City of Maplewood, Ramsey County Council Packet Page Number 142 of 208 J2, Attachment 5 Source: City of Maplewood, Ramsey County Council Packet Page Number 143 of 208 J2, Attachment 6 Council Packet Page Number 144 of 208 J2, Attachment 6 Council Packet Page Number 145 of 208 J2, Attachment 6 Council Packet Page Number 146 of 208 Arcade Street LEGEND Council Packet J2, Attachment 7 Page Number 147 of 208 Council Packet Page Number 148 of 208 J2, Attachment 7 Council Packet J2, Attachment 7 Page Number 149 of 208 Council Packet Page Number 150 of 208 J2, Attachment 7 Council Packet J2, Attachment 7 Page Number 151 of 208 Council Packet Page Number 152 of 208 J2, Attachment 7 Council Packet J2, Attachment 7 Page Number 153 of 208 Council Packet Page Number 154 of 208 J2, Attachment 7 Council Packet J2, Attachment 7 Page Number 155 of 208 Council Packet Page Number 156 of 208 J2, Attachment 7 Council Packet J2, Attachment 7 Page Number 157 of 208 Council Packet Page Number 158 of 208 J2, Attachment 7 Council Packet J2, Attachment 7 Page Number 159 of 208 Council Packet Page Number 160 of 208 J2, Attachment 7 Council Packet J2, Attachment 7 Page Number 161 of 208 Council Packet Page Number 162 of 208 J2, Attachment 7 Council Packet J2, Attachment 7 Page Number 163 of 208 Council Packet Page Number 164 of 208 J2, Attachment 7 Council Packet J2, Attachment 7 Page Number 165 of 208 Council Packet Page Number 166 of 208 J2, Attachment 7 Council Packet J2, Attachment 7 Page Number 167 of 208 Council Packet Page Number 168 of 208 J2, Attachment 7 For the permanent record: Meeting Date: 8/09/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J2, Additional Attachment Variance Conditional Use Permit For the permanent record: Meeting Date: 8/09/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J2, Additional Attachment reasonable manner circumstances unique to the property not alter the essential character of the locality For the permanent record: Meeting Date: 8/09/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 8/09/2021 Agenda Item J2, Additional Attachment J3 CITY COUNCILSTAFF REPORT Meeting Date August 9, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, AssistantCommunity Development Director Ron Batty, City Attorney PRESENTER:Jeff Thomson, Community DevelopmentDirector AGENDA ITEM: Purchase Agreement with Barostos, LLCfor Sale of Property at 2228 Maplewood Drive Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City of Maplewood has received a purchase offer for city-owned property at 2228 Maplewood Drive. Recommended Action: Motion to approve the purchase agreement with Barostos, LLC for the sale of property at 2228 Maplewood Drive. 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: The city would receive $400,000 for the sale of the property which will be directed to the city’s road fund. Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. The sale of the property is consistent with the city’s strategic plan. The city is selling the property for fair market value – $400,000 – which ensures the city is a good steward of its capital assets. The proceeds from the sale will be dedicated to the city’s road fund. Lastly, the redevelopment project proposed by the buyer – coffee shop – is consistent with the city’s 2040 comprehensive plan policies related to land use. Background The purpose of this agenda item is to consider an agreement to purchase City-owned property located at 2228 Maplewood Drive. As part of the Highway 36 and English Street Interchange Improvement project, the city acquired the property at 2228 Maplewood Drive – a gas station and Council Packet Page Number 169 of 208 J3 convenience store – and a portion of a site previously owned by Menards. As part of the public improvement project, the existing building and parking lot at 2228 Maplewood Drive were removed. In 2019, the city council approved platting of the property which dedicated the necessary public right of way and easements and created a single development parcel. With the public improvement project complete, the city has been moving forward with selling the remaining portion of this lot for development purposes. Barostos, LLC has signed a purchase agreement paying the city $400,000 for 2228 Maplewood Drive. Barostos, LLC would develop the land into a coffee shop for a chain that would be new to the Twin Cities area. The buyer would pay $10,000 of earnest money within five days of the execution of this agreement and would be given an initial 120 day due diligence period. The buyer may extend the due diligence period for an additional 60 days for an additional $5,000 in earnest money. A closing date shall occur no later than 30 days after the due diligence contingency. The city would pay a four percent brokerage commission as part of this transaction. Attachments 1.Purchase Agreement Council Packet Page Number 170 of 208 J3, Attachment 1 EXECUTION COPY PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the “Agreement”) is made as of this ___ day of _______________, 2021 (the “Effective Date”), by and between the city of Maplewood, a municipal corporation under the laws of Minnesota (the “Seller”), and Barostas LLC, a Minnesota limited liability company (the “Buyer”). The Seller and the Buyer are each referred to herein as a “Party” or collectively as the “Parties.” The Effective Date written above shall be the date this Agreement is signed by the second Party. Recitals WHEREAS, the Seller is the owner of that certain real property located at 2228 Maplewood Drive, Maplewood, Ramsey County, Minnesota, and consisting of approximately 1.47 acres, which property is legally described on the attached Exhibit A (the “Property”); and WHEREAS, the Seller wishes to sell and the Buyer wishes to purchase the Property under certain terms and conditions as set forth in this Agreement. Terms of the Agreement NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the Parties hereby agree as follows: 1. Recitals. The Recitals set forth above in the preamble to this Agreement and the Exhibit attached to this Agreement are incorporated into this Agreement as if fully set forth herein. 2. Offer/Acceptance for Sale of Property. The Seller hereby agrees to sell the Property to the Buyer and the Buyer hereby agrees to purchase the same, pursuant to the terms and conditions of this Agreement. 3. Purchase Price and Terms. The total purchase price for the Property is Four Hundred Thousand Dollars and NO/100 ($400,000.00) (the “Purchase Price”). 4. Terms. a. Earnest Money. Within five (5) business days after the Effective Date, the sum of Ten Thousand Dollars and NO/100 ($10,000) (the “Earnest Money”) shall be paid by the Buyer to the Seller and shall be held in escrow by Commercial Partners Title (the “Title Company”) pursuant to the terms of the Title Company’sstandard form of sole order escrow, and applied against the Purchase Price at Closing (as hereinafter defined) or paid to Buyer or Seller according to the terms of this Agreement. b. Balance Due Seller. Subject to performance by the Seller, the Buyer agrees to pay by cash, check or electronic transfer of funds on the Closing Date the remaining balance of the Purchase Price, as adjusted by prorations, reductions and credits as 1 DOCSOPEN-MA745-8-722603.v4-7/1/21 Council Packet Page Number 171 of 208 J3, Attachment 1 provided in this Agreement, due to the Seller according to the terms of this Agreement. c. Deed/Marketable Title. Subject to performance by the Buyer, the Seller agrees to execute and deliver on the Closing Date a quit claim deed conveying title to the Property to the Buyer (the “Deed”), free and clear of all encumbrances, except the Permitted Exceptions, as hereinafter defined. 5. Inspection Period. For a period of One-Hundred Twenty (120) days from the Effective Date (the “Inspection Period”), the Buyer will have the absolute right to cancel this Agreement by written notice if in the Buyer’s sole and absolute discretion: (a) the Buyer is unsatisfied with Buyer’s review of the Seller’s Property Information, as hereinafter defined, and of the results of any matters disclosed by the Buyer’s review, inspection, investigation and testing of the Property (collectively, the “Inspections”), including without limitation, analysis of any conditions affecting the Property, zoning restrictions, governmental approvals and permits, easements and covenants, access and parking, utility availability, connections and access, surveys, engineering inspections, soils, geotechnical, wetland, Phase I and Phase II environmental and other reports, which the Buyer in its sole and absolute discretion deems necessary and appropriate; or (b) the Buyer determines in its sole and absolute discretion that the Property is not suitable or feasible for the Buyer’s intended use of the Property; or (c) any of the Buyer’s contingencies listed in Section 12(a) herein have not be satisfied. Upon the expiration of the Inspection Period, the Earnest Money shall become non-refundable to Buyer, except for an event of default by Seller, and shall become the sole property of the Seller unless Buyer has submitted a timely objection pursuant to this Agreement or submitted the necessary extension as contemplated in Section 6 herein. 6. Extension of the Due Diligence Period. Buyer shall have the option to extend the Inspection Period for a period of sixty (60) calendar days (the “Option Period”) (collectively with the Inspection Period referred to herein as the “Due Diligence Period”). If Buyer intends to implement the Option Period, Buyer shall notify Seller in writing on or before the expiration of the Inspection Period. Upon such extension, Five Thousand Dollars and NO/100 ($5,000.00) of the Earnest Money shall automatically become non-refundable to Buyer and shall be the exclusive property of the Seller, except for an event of default by Seller. At the expiration of the Option Period the remaining Five Thousand Dollars and NO/100 ($5,000) in earnest money shall become non-refundable, except for an event of default by Seller. 7. Closing. The closing on the purchase and sale of the Property (the “Closing”) shall occur thirty (30) calendar days after the expiration of the Due Diligence Period (the “Closing Date”), or such earlier date as the Parties may agree upon, at the office of the Title Company or at such other location as the Parties may agree. 8. Right of Entry. During the Due Diligence Period, the Seller shall allow the Buyer, and the Buyer’s agents, physical access to the Property without charge at all reasonable times and upon not less than 48 hours advance notice to the Seller for the purpose of the Buyer’s Inspections. 2 DOCSOPEN-MA745-8-722603.v4-7/1/21 Council Packet Page Number 172 of 208 J3, Attachment 1 9. Seller’s Property Information. The Seller shall, within ten (10) days after the Effective Date, deliver to the Buyer copies of all items in the Seller’s possession or control dealing with the Property, including, all surveys, title insurance commitments or policies, property tax statements, environmental reports, zoning information, licenses, permits, governmental approvals, easements, covenants, restrictions, and any other documents relating to the Property (collectively, the “Seller’s Property Information”). 10. Seller’s Cooperation. In addition to providing the Seller’s Property Information, Seller shall cooperate with Buyer in connection with Buyer’s Inspections during the Due Diligence Period. Such cooperation shall include providing such reasonable information and documents as requested by Buyer. Further, Seller shall disclose any known conditions, including, but not limited to, environmental contamination, restrictions on utilities, use limitations, or other matters that would adversely affect Buyer’s proposed use, design, permitting or construction on the Property. 11. Documents. In addition to the Deed required under Section 4(c) herein, the following documents shall be in approved form, executed by the Seller’s representative(s) either before or at Closing, and delivered by the Seller at Closing: a. A standard form Affidavit of Seller; b. A “bring-down” certificate, certifying that all of the warranties made by the Seller in this Agreement remain true as of the Closing Date; c. A certificate that the Seller is not a foreign national; d. A well disclosure certificate, if required, or, if there is no well on the Property, the Deed given pursuant to Section 4(c) above must include the following statement: "The Seller certifies that the Seller does not know of any wells on the described real property."; e. A Methamphetamine Disclosure Certificate, if required; f. Any other documents reasonably required by the Buyer’s title insurance company or attorney to evidence that title to the Property is marketable and that the Seller has complied with the terms of this Agreement. 12. Contingencies. a. The Buyer’s obligation to buy the Property from the Seller is contingent upon the following: i. The Buyer’s determination of marketable title pursuant to this Agreement; 3 DOCSOPEN-MA745-8-722603.v4-7/1/21 Council Packet Page Number 173 of 208 J3, Attachment 1 ii.The Buyer’s determination that the results of any environmental investigation or inspection of the Property conducted pursuant to this Agreement are satisfactory to the Buyer; iii.The Buyer’s determination that the Property may be used for the development for which the Buyer anticipates utilizing the Property, including any land use approvals required from the city of Maplewood and/or any other governmental agency that must approve theBuyer’s proposed use of the Property; iv.The Buyer’s determination, in the Buyer’s sole and absolute discretion, on or before the expiration of the Due Diligence Period, that it has obtained financing, on terms acceptable to the Buyer, for the purchase of the Property. The Buyer shall have until the expiration of the Due Diligence Period to remove these contingencies. The above contingencies are solely for the benefit of the Buyer and may be waived by the Buyer. If the Buyer or its attorney gives written notice to the Seller that the contingencies are duly satisfied or waived, the Buyer and the Seller shall proceed to close the transaction as contemplated herein. If any contingency has not been satisfied or expressly waived by the Buyer on or before the end of the Due Diligence Period, then the Buyer may at its option terminate this Agreement, without liability, by written notice to the Seller at any time on or before the end of the Due Diligence Period. Upon such termination of this Agreement pursuant to this Section, the Earnest Money shall be refunded to the Buyer within five (5) business days after such termination. If the Buyer fails to notify the Seller in writing before the end of the Due Diligence Period of its option to terminate this Agreement, all contingencies shall be deemed satisfied or waived by Buyer and the Earnest Money shall become nonrefundable. b. The Seller’s obligation to sell the Property to the Buyer is contingent on the following: i. Approval of this Agreement by the Seller’s governing body; ii. A determination by the Seller’s governing body that the provisions of Minnesota Statutes, section 462.356, subdivision 2 are satisfied. iii. The recording of the Plat entitled Keller Additioncovering the Property. These contingencies may not be waived. If one or more of the contingencies is not satisfied, or is not satisfied on time, this Agreement, and the Parties’ obligations hereunder, shall thereupon be terminated at no liability to the either Party, and the Earnest Money shall be refunded to the Buyer within five (5) business days after such termination of the Agreement. As a contingent Agreement, the termination of this Agreement is not required pursuant to Minnesota Statutes, Section 559.21, et. seq. 4 DOCSOPEN-MA745-8-722603.v4-7/1/21 Council Packet Page Number 174 of 208 J3, Attachment 1 13. Title Examination/Curing Title Defects. The Seller shall, at its expense and within 20 days after the Effective Date, order from the Title Company a title commitment (“Title Commitment”) for an ALTA Form owner’s title insurance policy A.L.T.A. Policy - Standard Form 2016 (“Title Policy”), or a comparable form with extended coverage if such form is not approved in the state in which the Property is located. The extended coverage shall include deletion of exceptions to coverage of matters that would be disclosed by survey; inspection of the Property; inquiry of parties in possession; rights of parties in possession; mechanics’ and materialmen’s liens for services, labor or materials not contracted for by Buyer; and, where allowed by law or regulation, affirmative coverage over matters of record which on their face would prohibit Buyer from using the Property for the uses contemplated in this Agreement. The Title Commitment shall be in the amount of the Purchase Price cover title to the Property on or after the date hereof, show title in the intended grantor, set forth the condition of title of the Property and specifically list all title exceptions, including easements, restrictions, rights-of-way, covenants, reservations, and other conditions, if any, affecting the Property. The Title Company shall provide true, correct, and legible copies of all recorded instruments creating or evidencing such matters. The Title Policy shall be issued to Buyer at the closing and shall insure all easement parcels benefiting the Property and contain an extended coverage endorsement, a zoning endorsement with parking and such other endorsements as Buyer may reasonably request upon review of the title commitment and Survey (as hereinafter defined). The Buyer shall have twenty (20) days upon receipt of the Title Commitment to examine the Title Commitment and to deliver written objections to title, if any, to the Seller. Seller shall then have the opportunity, but not the obligation, to cure such objections within thirty (30) days of receipt of Buyer’s objection letter. If Buyer does not object to an exception to title disclosed in the Title Commitment or the Survey within the period provided herein, or timely terminate this Agreement within the period set forth above, all such mattersshall be deemed to have been approved by Buyer, and all of the exceptions, along with all exceptions to title set forth in the Title Commitment or Survey to which Buyer objects, but subsequently waives such objection, or which objection is cured by Seller, shall be deemed to be the “Permitted Exceptions.” Seller shall have no obligation to cure any defects in the title of the Property under this Section, and if any objections are not cured and the Seller has informed the Buyer that it will undertake no further efforts to cure the objections to title, the Buyer will have the option to do any of the following: (i) terminate this Agreement and receive a full refund of all Earnest Money; or (ii) waive the objections and proceed to Closing in which case the Buyer shall be deemed to have accepted the Property subject to any and all uncured objections, and such accepted objections shall be deemed Permitted Exceptions. 14. Survey. Upon receipt of the Title Commitment, Buyer shall obtain an ALTA survey of the Property (the “Survey”) to assure that there are no defects, encroachments, overlaps, boundary line or acreage disputes, or other such matters, that would be disclosed by an ALTA survey. The Parties agree to revise the legal description included herein as Exhibit A based on the results of the Survey. The cost of the Survey shall be the sole responsibility of Buyer. Buyer shall provide a copy of the Survey to Seller within three (3) calendar days of receipt. The Buyer shall have twenty (20) days to examine the same and to deliver 5 DOCSOPEN-MA745-8-722603.v4-7/1/21 Council Packet Page Number 175 of 208 J3, Attachment 1 written objections, if any, to the Seller. Any matter shown on the Survey to which the Buyer has not made an objection shall become a Permitted Exception under this Agreement. Upon receipt of Buyer’s objections, Seller shall then have thirty (30 days to cure such objections. Notwithstanding the foregoing, Seller shall have no obligation to cure any defects under this Section and presented by the Survey, and if any objections are not cured within the time allotted herein and the Seller has informed the Buyer that it will undertake no further efforts to cure the Survey objections, the Buyer will have the option to do any of the following: (i) terminate this Agreement and receive a full refund of all Earnest Money; or (ii) waive the objections and proceed to Closing in which case the Buyer shall be deemed to have accepted the Property subject to any and all uncured objections, and such accepted objections shall be deemed Permitted Exceptions. 15. Seller Representations and Warranties. The Seller hereby represents and warrants to the Buyer now and as of the Closing Date that: a. Title. The Seller has good and marketable fee simple title to the Property, subject only to such encumbrances which are of record or are otherwise specified herein. b. Condemnation. There is no pending or, to the actual knowledge of the Seller, threatened condemnation or similar proceeding affecting the Property or any portion thereof, and the Seller has no actual knowledge that any such action is contemplated. c. Legal Authority/Capacity. The Seller has full power and authority to enter into and perform this Agreement in accordance with its terms. d. Leases. The Seller represents that there are no third parties in possession of the Property, or any part thereof; and that there are no leases, oral or written, affecting the Property or any part thereof. e. Foreign Status. The Seller is not a “foreign person” as such term is defined in the Internal Revenue Code. f. Methamphetamine Production. To the best of the Seller’s knowledge, methamphetamine production has not occurred on the Property. g. Seller has received no notice of and has no knowledge of any pending or threatened action, litigation, or proceeding against the Seller or the Property. h. Seller has no knowledge of special tax or assessment to be levied against the Property, or any part thereof, change in the zoning classification of the Property, or any part thereof nor has any such organization, person, individual or governmental agency communicated to Seller anything which Seller believes to be a threat of any such action, litigation or proceeding. 6 DOCSOPEN-MA745-8-722603.v4-7/1/21 Council Packet Page Number 176 of 208 J3, Attachment 1 All such representations and warranties shall be true and correct on and as of the Closing Date with the same force and effect as if made atthat time. 16. Property Sold As Is. Except as otherwise set forth in this Agreement, the Seller is selling the Property As Is and makes no representations regarding the environmental conditions or the presence of any Hazardous Substances on the Property or any improvements located thereon. 17. Environmental Investigation. The Seller hereby grants to the Buyer and the Buyer’s agents a license to enter and evaluate the Property during the Due Diligence Period for the purpose of conducting an environmental assessment, subject to the Buyer providing the Seller written notice consistent with Section 8 herein. Further, the Buyer or the Buyer’s agent shall have the right pursuant to said license to bring persons and equipment onto the Property, make inspections and perform tests and analyses as the Buyer may deem reasonable to determine the presence of Hazardous Substances on the Property. For the purposes of this section, “Hazardous Substances” means any product, substance or waste whose presence, use storage, manufacture, disposal, transportation or release, either by itself or in combination with other materials (i) is potentially injurious to the public health, safety or welfare, or the environment, (ii) is regulated under any Environmental Law or by any government entity, or (iii) is a basis for liability or potential liability to any governmental agency or third party under any Environmental Law. Hazardous Substances include, without limitation, hazardous wastes, solid wastes, demolition materials, petroleum or petroleum products or fractions thereof, asbestos and asbestos-containing materials, polychlorinated biphenyls, toxic molds, pesticides, and other hazardous or toxic substances, pollutants and contaminants. The term “Environmental Law” means all applicable federal, state or local laws, statutes, common law rulings, ordinances, rules, regulations and agency guidance documents relating to pollution, protection of the environment or the generation, manufacture, disposal, treatment, release, use of or exposure to chemical or hazardous substances, as in effect on the date hereof, including without limitation the Minnesota Environmental Response and Liability Act, the federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Clean Water Act, the Toxic Substances Control Act, the Clean Air Act, and Occupational Safety and Health Act, all as amended, and regulations promulgated thereunder. The Buyer shall bear the cost of any such assessmentand investigation. If the results of any environmental assessment are not to the satisfaction of the Buyer, the Buyer at its sole discretion may cancel this Agreement during the Due Diligence Period without liability and the Earnest Money, and any and all accrued interest thereon, shall be refunded to the Buyer within five (5) business days after such termination. If the Buyer cancels this Agreement pursuant to this provision, the Buyer shall restore the Property to its original condition or nearly so as is reasonably practicable prior to being eligible for the return of the Earnest Money. 7 DOCSOPEN-MA745-8-722603.v4-7/1/21 Council Packet Page Number 177 of 208 J3, Attachment 1 The Buyer agrees to indemnify the Seller against any liability, cost or expense incurred by the Seller as a result of the Buyer's actions on the Property, including but not limited to fines, court costs, reasonable attorneys' fees and remedial costs. 18. Real Estate Taxes and Special Assessments. The Property is currently exempt from the payment of real estate taxes.Real estate taxes owed through Closing shall be the sole responsibility of the Seller and those owed after Closing shall be the sole responsibility of the Buyer. No later than the Closing Date, the Seller shall pay all real estate taxes payable in previous years, if any, the entire unpaid balance of special assessments, if any, and all installments of special assessments levied, certified for payment, pending, and deferred, including special assessment installments payable after the year of Closing, and all interest thereon. 19. Possession. a. Possession. The Seller agrees to deliver possession of the Property not later than the Closing Date. b. No Encumbrances. The Seller agrees not to place any liens or encumbrances on the Property after the Effective Date without the express written consent of Buyer. 20. Closing Costs and Related Items. The Seller will pay the following costs: (a) the cost of Title Commitment; (b) any deed transfer taxes and conservation fees and recording fees for all instruments required to establish marketable title; (c) the recording fees for the Deed and any curative matters; (d) the brokerage commission payable upon Closing to Transwestern, LLC; and (e) one-half the closing fee charged by the Title Company utilized to close the transaction contemplated by this Agreement. The Buyer shall pay the following costs: (a) the premium for the standard coverage portion of the resulting Title Policy, including applicable sales tax, (b) the costs to obtain the Survey; (c) one-half of the closing fee charged by the Title Company utilized to close the transaction contemplated by this Agreement, (d) recording fees for transaction documents other than the Deed, (e) Buyer’s share of prorations, if any, and (f) any additional premium charged for extended coverage for the Title Policy and any additional endorsements that Buyer may require. Each Party shall be responsible for its own attorneys’ fees and costs. 21. Default. If Seller breaches this Agreement and Closing does not occur, the Earnest Money shall be returned to Buyer and Buyer, in addition to other remedies available to it, will be entitled to specific performance of this Agreement. If Buyer breaches this Agreement and Closing does not occur, the parties agree that due to the difficulty or impossibility of ascertaining damages accruing to Seller, the Title Company shall pay the Earnest Money to Seller as full and final liquidated damages, in lieu of all other legal or equitable rights or remedies Seller may have against Buyer. 22. Notice. Any notice must be in writing, and will be deemed delivered if delivered personally or when deposited in the United States Mail, postage pre-paid, to the following addresses (or such other address as may be designated by either Party in writing): 8 DOCSOPEN-MA745-8-722603.v4-7/1/21 Council Packet Page Number 178 of 208 J3, Attachment 1 If to Buyer: Barostas LLC rd 8971 33 Street N Lake Elmo, Minnesota 55042 w/copy to: Thomas B. Cahill, Attorney at Law, P.C. 1155 S. Washington Street, Suite 106 Naperville, Illinois 60540 Attn: Maria Lisa Frano Email: maria@tbclaw.com If to Seller: City of Maplewood 1830 East County Road B Maplewood, MN 55109 Attn: City Manager w/copy to: Ronald H. Batty Kennedy & Graven, Chartered Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 23. Assignment. The Seller and the Buyer acknowledge and agree that the Buyer may assign the Buyer’s interest in this Agreement to an entity under common control with the Buyer. The Seller agrees that the Buyer may assign its rights under this Agreement to said entity with advanced notice to, but without the prior written approval of, the Seller. However, the Buyer shall not have the right to assign its rights under this Agreement to an individual or entity that is not under common control with the Buyer without the prior written approval of the Seller. Any assignee shall assume all obligations imposed on the Buyer as if the assignee was the original the Buyer under this Agreement. 24. Entire Agreement. This Agreement represents the entire agreement and understanding between the Parties concerning the subject matter hereof and supersedes all prior agreements, whether written or oral. 25. Modification and Waiver. Except as expressly permitted in Section 23 of this Agreement relating to the assignment of the Buyer’s interest in this Agreement to an entity under common control with the Buyer, no purported amendment, modification, or waiver of any provision hereof shall be binding unless set forth in a written document signed by both Parties (in the case of amendments or modifications) or by the Party to be charged thereby (in the case of waivers). Any waiver shall be limited to the circumstance or event specifically referenced in the written waiver document and shall not be deemed a waiver of any other term hereof or of the same circumstance or event upon any recurrence thereof. 26. Risk of Loss. If there is any loss or damage to the Property between the Effective Date and the Closing, for any reason including, but not limited to, fire, vandalism, flood, earthquake 9 DOCSOPEN-MA745-8-722603.v4-7/1/21 Council Packet Page Number 179 of 208 J3, Attachment 1 or act of God, the risk of loss shall be on the Seller. If the Property is destroyed or substantially damaged before Closing, this Agreement may become null and void, at the Buyer’s option. At the request of the Buyer, the Seller agrees to sign a cancellation of this Agreement under such circumstances. 27. Condemnation. If, on or before the Closing Date, eminent domain proceedings are commenced against all or any part of the Property, the Seller will immediately give notice to the Buyer of such fact, together with a legal description of the property being taken, and the Buyer shall have the right at its option to terminate this Agreement by giving notice to the Seller within thirty (30) business days after receiving the Seller’s notice or to purchase any remaining portionof the Property that has not been so taken by condemnation or eminent domain, with a reduction in the Purchase Price equal to the amount of the condemnation proceeds actually received by the Seller. Upon termination of this Agreement pursuant to this Section, neither Party will have further obligations under this Agreement, except all Earnest Money and any and all interest accrued thereon will be refunded to the Buyer. If this Agreement is terminated under this Section, any awards from such condemnation or eminent domain proceedings shall belong to the Seller. Before the Closing Date, the Seller will not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without providing the Buyer with written notice and obtaining the Buyer’s consent, which shall not be unreasonably withheld. 28. Attorneys’ Fees. If either Party commences an action against the other to enforce any of the terms of this Agreement, or because of the breach by either Party of the terms hereof, the prevailing Party shall be entitled to its costs and expenses, including reasonable attorneys’ fees, incurred in connection with the prosecution or defense of such matter. 29. Additional Documents. The Buyer and the Seller agree to cooperate with the other and their representatives regarding any reasonable requests made subsequent to the execution of this Agreement to correct any clerical errors in this Agreement and to provide any and all additional documentation deemed necessary by either Party to effectuate the transaction contemplated by this Agreement. 30. Execution in Counterparts.This Agreement may be executed in counterparts by the Parties hereto. Facsimile, scanned PDF, or other electronic signatures shall be sufficient for all purposes. 31. Severability. Any provision of this Agreement which is deemed void or unenforceable may be severed from the remaining provisions without affecting the enforceability of the remaining provisions. 32. Choice of Law and Venue; Interpretation. This Agreement shall be governed by, enforced, and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and the Parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 10 DOCSOPEN-MA745-8-722603.v4-7/1/21 Council Packet Page Number 180 of 208 J3, Attachment 1 33. Brokers. Buyer and Seller warrants they have dealt with no real estate brokers or agents in connection with the execution of this Agreement other than Equity Transwestern, LLC, (“Broker”) and Buyer and Seller agree to defend and indemnify each other from all fees, commissions, suits, and related expenses arising from claims of all real estate brokers or agents claiming through Buyer or Seller. Seller will pay all fees and commissions, if any, charged by Equity Transwestern, LLC up to and including four percent of the Purchase Price but by no means more than $16,000 in connection with the execution of this Agreement. It is agreed that the Seller will pay the Broker a commission pursuant to a separate agreement. {Remainder of Page Intentionally Left Blank; Signature Page to Follow} 11 DOCSOPEN-MA745-8-722603.v4-7/1/21 Council Packet Page Number 181 of 208 J3, Attachment 1 Council Packet Page Number 182 of 208 J3, Attachment 1 THE SELLER: CITY OF MAPLEWOOD By: _____________________________ Marylee Abrams, Mayor By: _____________________________ Melinda Coleman, City Manager This Instrument Drafted By: KENNEDY & GRAVEN, CHARTERED Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 13 DOCSOPEN-MA745-8-722603.v4-7/1/21 Council Packet Page Number 183 of 208 J3, Attachment 1 EXHIBIT A Legal Description of the Property Lot 1, Block 1, Keller Addition, Ramsey County, Minnesota. A-1 DOCSOPEN-MA745-8-722603.v4-7/1/21 Council Packet Page Number 184 of 208 J4 Council Packet Page Number 185 of 208 J4 Council Packet Page Number 186 of 208 J4, Attachment 1 Council Packet Page Number 187 of 208 J4, Attachment 1 Council Packet Page Number 188 of 208 Council Packet Page Number 189 of 208 Council Packet Page Number 190 of 208 Council Packet USGS 05288500 MISSISSIPPI RIVER AT HWY Page 610 IN BROOKLYN PARK, MN Number 191 of 208 Council Packet Page Number 192 of 208 Council Packet Page Number 193 of 208 Council Packet Page Number 194 of 208 J5 CITY COUNCILSTAFF REPORT Meeting Date August 9, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer Tyler Strong, Civil Engineer I PRESENTER:Steven Love AGENDA ITEM: McMenemy Street Improvement Project, City Project 21-02 a.Resolution Ordering the Preparation of a Feasibility Study b.Use of Bolton and Menk, Inc. for Professional Services Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City Council will consider initiating a street and utility improvement project, identified on the attached project location map, by approving the attached resolution ordering the preparation of a Feasibility Study for the McMenemy Street Improvements, City Project 21-02. Additionally, the City Council will consider authorizing the use of Bolton and Menk, Inc. for professional services to complete the feasibility study. Recommended Action: a.Motion to approve the attached Resolution Ordering the Preparation of a Feasibility Study for McMenemy Street Improvements, City Project 21-02. b.Motion to authorize the use of Bolton and Menk, Inc. for professional services and further authorize the Mayor and City Manager to sign the attached work order with Bolton and Menk, Inc. to complete the feasibility study. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $165,000 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Bond Proceeds Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The feasibility study is an essential element of the proposed McMenemy Street improvements. The study is the first step towards making infrastructure improvements in the project area. Council Packet Page Number 195 of 208 J5 Background The proposed street improvement project includes McMenemy Street lying north of Larpentuer Avenue and south of County Road B. A project location map showing the above road segment has been attached to this report. This project is included in the draft 2022 – 2026 Capital improvement Plan (CIP). The proposed project includes approximately 1.0 miles of streets which have an average pavement condition index (PCI) rating of 43 (on a scale of 1 to 100) according to the most recent street rating survey. For this section of McMenemy Street, the pavement condition has continued to deteriorate over the years and is now in need of replacement. On June 1, 2021, the City was notified that the City’s application for the Local Road Improvement Program (LRIP) was selected to receive LRIP funds appropriated by the legislature in 2020. The City was awarded a grant of $1,250,000 to help fund the City’s project. The City will need to execute an LRIP grant agreement prior to any construction work beginning. If the project moves forward the LRIP grant agreement would be brought to the City Council for approval. The feasibility study will establish the improvements to be included in the project, the cost of the improvements, identify funding sources, and establish a project budget. A preliminary project budget is required to be established at this time in order to complete the feasibility study. City staff and the City’s consultant Engineer, Bolton and Menk, Inc., will need to perform preliminary engineering as part of the feasibility report. An initial budget of $165,000 is proposed to complete the feasibility study for this project and will be funded through bond proceeds. Staff and the City’s consultant will commence with soil borings, preliminary surveying, appraisal analysis, neighborhood meetings, and all other tasks associated with preparing the feasibility study. Staff recommend approval of entering into the attached agreement with Bolton and Menk, Inc. for professional services for the completion of the feasibility study in the amount of $144,648.00. Funding for these services are accounted for in the proposed initial budget of $165,000. Attachments 1.Resolution Ordering Preparation of Feasibility Study 2.Project Location Map 3.Bolton and Menk, Inc. Work Order for Professional Services Council Packet Page Number 196 of 208 J5, Attachment 1 RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the McMenemy Street, which is depicted on the attached project location map, and is hereby called McMenemy Street Improvements, City Project 21-02. AND WHEREAS, it is proposedto assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the City Council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $165,000 are appropriated to prepare this feasibility report. Approved this 9th day of August, 2021. Council Packet Page Number 197 of 208 J5, Attachment 2 NdNfofnzTusffuJnqspwfnfout DjuzQspkfdu32.13 DpvouzSpbeC NdNfofnzTusffu SptfmbxoBwf/ MbsqfoufvsBwf/ QspkfduMpdbujpoNbq Council Packet Page Number 198 of 208 J5, Attachment 3 Council Packet Page Number 199 of 208 J5, Attachment 3 Council Packet Page Number 200 of 208 J6 CITY COUNCILSTAFF REPORT Meeting Date August 9, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer Tyler Strong, Civil Engineer I PRESENTER:Steven Love AGENDA ITEM: Resolution Ordering Preparation of Feasibility Study, Cope Avenue Improvements, City Project 21-06 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City Council will consider initiating a street improvement project, identified on the attached project location map, by approving the attached resolution ordering the preparation of a Feasibility Study for the Cope Avenue Improvements, City Project 21-06. The feasibility study is an important first step in the development process of municipal infrastructure projects. Recommended Action: Motion to approve the attached Resolution Ordering the Preparation of a Feasibility Study for Cope Avenue Improvements, City Project 21-06. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $60,000 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: Capital Improvement Project (CIP) Fund Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The feasibility study is an essential element of the proposed Cope Avenue Improvements. The study is the first step in the process towards making infrastructure improvements in the project area. Council Packet Page Number 201 of 208 J6 Background The Cope Avenue Improvement project is generally bounded by Highway 36 to the north, English Street to the west, County Road B to the south, and White Bear Avenue to the east (see attached project location map). This project is a part of the proposed 2022 – 2026 Capital Improvement Plan (CIP). The proposed project includes approximately 1.09 miles of streets which have an average Pavement Condition Index (PCI) rating of 41 (on a scale of 1 to 100) according to the most recent street rating survey. Cope Avenue has continued to deteriorate over the years and is in need of improvements. Cope Avenue is a four lane undivided roadway east of Hazelwood Avenue and a two lane undivided roadway west of Hazelwood Avenue. As a part of the feasibility study, staff will examine the functionality of the existing roadway layout to determine if improvements to the layout are feasible. There is existing concrete curb and gutter, water main, sanitary sewer and storm sewer on Cope Avenue. During the feasibility process, the design team will look into the condition of these systems to determine if improvements are necessary. If authorized, Staff will commence with soil borings, topographic surveying, appraisal analysis, neighborhood meetings, and all other tasks associated with preparing the Feasibility Study. Attachments 1. Resolution Ordering Preparation of Feasibility Study 2. Project Location Map Council Packet Page Number 202 of 208 J6, Attachment 1 RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to Cope Avenue, as depicted on the attached project location map, and is hereby called Cope Avenue Improvements, City Project 21-06. AND WHEREAS, it is proposed to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the City Council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $60,000 are appropriated to prepare this Feasibility Report. Approved this 9th day of August, 2021. Council Packet Page Number 203 of 208 J6, Attachment 2 Council Packet Page Number 204 of 208 J7 CITY COUNCILSTAFF REPORT Meeting Date August 9, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer Tyler Strong, Civil Engineer I PRESENTER:Steven Love AGENDA ITEM: Resolution Ordering Preparation of Feasibility Study, Gervais Area Pavement Rehabilitation, City Project 21-07 Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City Council will consider initiating a pavement rehabilitation project, identified on the attached project location map, by approving the attached resolution ordering the preparation of a Feasibility Study for the Gervais Area Pavement Rehabilitation, City Project 21-07. The feasibility study is an important first step in the development process of municipal infrastructure projects. Recommended Action: Motion to approve the attached Resolution Ordering the Preparation of a Feasibility Study for Gervais Area Pavement Rehabilitation, City Project 21-07. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $60,000 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: Capital Improvement Project (CIP) Fund Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. The feasibility study is an essential element of the proposed Gervais Area Pavement Rehabilitation. The study is the first step in the process towards making infrastructure improvements in the project area. Council Packet Page Number 205 of 208 J7 Background The Gervais Area Pavement Rehabilitationproject isgenerally bounded by County Road Cto the north, Harvest Park to the west, Highway 36 to the south, and Ariel Street to the east (see attached project location map). This project is a part of the proposed 2022 – 2026 Capital Improvement Plan (CIP). The proposed project includes approximately 2.48 miles of streets which have an average Pavement Condition Index (PCI) rating of 33 (on a scale of 1 to 100) according to the most recent street rating survey. These streets have continued to deteriorate over the years and are in need of improvement. Existing concrete curb and gutter, water main, sanitary sewer and storm sewer are present throughout the project area. The majority of utilities appear to be in satisfactory condition, and are not warranting replacement. Similar to the past pavement rehabilitation projects, this project will focus on the replacement of the deteriorated pavement section with replacement of concrete curb and utilities only as necessary to properly support the new pavement section. Ariel Street between County Road C and Highway 36 is proposed to be included with the project. This section of Ariel is a border street with the City of North St. Paul. As Maplewood and North St. Paul proceed with the feasibility process more detail will be provided on this street segment. If authorized, Staff will commence with soil borings, preliminary surveying, appraisal analysis, neighborhood meetings, and all other tasks associated with preparing the Feasibility Study. Attachments 1. Resolution Ordering Preparation of Feasibility Study 2. Project Location Map Council Packet Page Number 206 of 208 J7, Attachment 1 RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Gervais area streets, which are depicted on the attached project location map, and are hereby called the Gervais Area Pavement Rehabilitation, City Project 21-07. AND WHEREAS, it is proposed to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the City Council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $60,000 are appropriated to prepare this Feasibility Report. Approved this 9th day of August, 2021. Council Packet Page Number 207 of 208 J7, Attachment 2 Council Packet Page Number 208 of 208