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Home My WebLink About2008 03-03 SMSPECIAL MEETING AGENDA MAPLEWOOD CITY COUNCIL 5:00 P.M. Monday, March 3, 2008 Council Chambers, City Hall Meeting No. 08 -07 B. APPROVAL OF AGENDA 1�11.1 a1.16y:1 :11J lyl.l * &` Declaration of Special Meeting Topics and Intent to Close Session. a. Attorney Update — Dr. Marlene Palkovich v. City of Maplewood; Bethel and Associates, Julie Fleming Wolfe, Attorney at Law and Alan Kantrud, City Attorney. b. Attorney Update — CoPar Development, LLC v. City of Maplewood, John Baker, Greene Espel, Alan Kantrud, City Attorney. D. NEW BUSINESS 1. Declaration of Special Meeting Topic and Intent to Open Session. a. Tubman Family Alliance — Review of Proposed City of Maplewood Recipient of State Bonding for Project Support. E. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249 -2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item 2a IMI:IM[a]:L1ki Bill MI TO: Acting City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Request for City Sponsorship of a Request to the State of Minnesota for General Obligation Bond Funding PROJECT: Tubman Family Violence Prevention and Research Center LOCATION: 2675 Larpenteur Avenue East DATE: February 22, 2008 INTRODUCTION Randy Schubring, of the Tubman Family Alliance, is requesting that the Maplewood City Council agree to participate and be the primary applicant in Tubman's request for a State of Minnesota general obligation bond grant. According to the attached memorandum from Rebecca L. Rom with Faegre & Benson, for Tubman to get state funding the city must be the applicant on their behalf. Refer to Ms. Rom's memorandum. BACKGROUND May 14, 2007: The city council approved a PUD (planned unit development) and a preliminary plat for the St. Paul's Monastery property at 2675 Larpenteur Avenue East. The development, as approved by the city council, includes the following uses and housing elements: • A 40 -unit senior - housing apartment building that CommonBond would operate. CommonBond is a developer and manager of affordable housing. A 50 -unit town house development that CommonBond also would build and operate. They would remove the existing 110 -car parking lot for the monastery on this site and relocate it to the south of the monastery building. A change in use of the existing monastery building. The Sisters would sell this building to the Tubman Family Alliance for use as a family - violence shelter /residence. They would use this facility for offices, housing, community support, information and training, childcare and education. The Tubman Family Alliance use of this building would include 37 housing units as follows: six for single women, 18 for mothers with one to two children, six for mothers with three or more children, four for adult males and three for mothers with teenage boys. • A future monastery on the north end of the property. February 11, 2008: The city council moved approval of their support of CommonBond Communities award of LCA funding for the Trails Edge Townhome project by authorizing the mayor to sign and for the city and CommonBond to execute the "Acknowledgement of Receptivity to an LCA Funding Award" form. DISCUSSION Ms. Rom's memorandum gives a good explanation of the Tubman Family Alliance request. They will appear before the city council at the council /manager workshop on March 3, 2008 to discuss this bond grant opportunity. If the city council wants to support this proposal, they will need to adopt the attached resolution during a regular council meeting. p:Sec13 -29 /Priory Tubman Funding Request Memo 2 08 Attachments: 1. Memorandum from Rebecca L. Rom dated February 18, 2008 2. 2008 State Bonding Bill 3. Resolution Approving Tubman Family Violence Prevention and Research Center M E M O R A N D U M TO: Beverly Dusso FROM: Rebecca L. Rom DATE: February 18, 2008 SUBJECT: Tubman Family Violence Prevention and Research Center Tubman Family Alliance & Chrysalis A Center for Women, Inc. ( "Tubman Family Alliance ") proposes to develop a family violence prevention and research center in a facility known as St. Paul's Monastery in Maplewood ( "Tubman Family Center ") at an estimated cost of $12,200,000. Tubman Family Alliance would like to obtain a state general obligation ( "GO ") bond grant in the amount of $3,100,000 to pay for a portion of the costs of a residential component of the Tubman Family Center. To qualify for a GO bond grant, certain requirements must be met and the appropriate relationship between the City of Maplewood and Tubman Family Alliance must be established. This memo outlines the requirements and the proposed relationship. The City of Maplewood must request the GO bond grant. Prior to requesting the GO bond grant, Maplewood must pass a resolution that provides that it will act as the legal sponsor for residential portion of the Tubman Family Center. Attached to this memorandum is a proposed resolution for consideration by the City of Maplewood. After the passage of a bonding bill that awards a GO bond grant to Maplewood (the "Bonding Law "), the City of Maplewood will enter into a grant agreement with the State of Minnesota whereby Maplewood will receive the GO bond grant to acquire, design, renovate, furnish, and equip the residential portion of the Tubman Family Center. The grant agreement could be for a construction grant, in which case Tubman Family Alliance would receive reimbursement for its capital expenditures for the Tubman Family Center on a periodic basis through a construction draw process, or an end grant, in which case Tubman Family Alliance would receive reimbursement after completion of construction. Tubman Family Alliance prefers a construction grant. The State must also approve the lease structure between the City of Maplewood and Tubman Family Alliance. The Tubman Family Center must be publicly owned. Provisions of Minn. Stat. Section 16A.695 (the "GO Grant Law ") expressly provide that a facility will be considered publicly owned if it is leased by a public entity for a term that is at least 1250 of the useful life of the facility. Additional applicable laws and regulations that will apply to this project will be the Bonding Law and a Department of Finance Commissioner's Order. The GO Grant Law allows the City of Maplewood to enter into an operating lease or management agreement with a private entity to operate the public property. Although the state will require that Maplewood comply with the Grant Agreement and applicable law, it will allow Maplewood to require Tubman Family Alliance to comply with the Grant Agreement and applicable law and be fully responsible for all of the costs, expenses, and liabilities of the Tubman Family Center and for operating the facility. Maplewood would include these obligations in the operating lease. Tubman Family Alliance proposes to divide the Family Center into two legal parcels, one of which will be the residential component. Tubman Family Alliance would ground lease the residential parcel to Maplewood for a term of at least 1250 of the useful life of the facility. Maplewood would enter into an operating lease of the residential parcel with Tubman Family Alliance whereby Tubman Family Alliance will operate the residential parcel. The state grant proceeds will be provided to Tubman Family Alliance through the operating lease as payment for qualified capital expenses. Tubman Family Alliance would enter into a reciprocal easement and operating agreement as owner of the two legal parcels, and this will be the legal documentation for, among other things, ingress and egress to the residential parcel. If the Tubman Family Center is closed or operated for a different purpose, the GO bond grant may have to be repaid, and Tubman Family Alliance would be obligated, through the lease arrangement, to repay the State. The State's repayment, under current law, would be the amount of the state grant (without interest) and a share in the appreciated value of the residential parcel. The basic structure proposed for the Tubman Family Center (fee ownership by Tubman Family Alliance, ground lease to Maplewood, operating lease to Tubman Family Alliance, with the nonprofit organization obligated for all costs, expenses, and liabilities, and for operating the facility) has been used successfully with the Children's Theatre Company, the Guthrie Theater, and the MacPhail Center for Music. fb.us.2621266.01 F 2008 STATE BONDING BILL Tubman Family Violence Prevention and Research Center For a grant to the City of Maplewood to acquire, design, renovate, furnish, and equip all or a part of the residential portion of the Tubman Family Violence Prevention and Research Center. The City of Maplewood may operate a residential facility for vulnerable families and individuals and may enter into a lease or management agreement for the residential facility, subject to Minnesota Statutes, section 16A.695. fb.us.262239C.01 RESOLUTION CITY OF MAPLEWOOD, MINNESOTA Presented by: RESOLUTION APPROVING TUBMAN FAMILY VIOLENCE PREVENTION AND RESEARCH CENTER BE IT RESOLVED that the City of Maplewood act as the legal sponsor for all or part of the residential portion of the Tubman Family Violence Prevention and Research Center. BE IT FURTHER RESOLVED that the City of Maplewood has the authority to receive financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the City of Maplewood not violate any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its development proposal by the State, the City of Maplewood may enter into an agreement with the State of Minnesota for the above - referenced project, and that the City of Maplewood certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. NOW, THEREFORE BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute such agreement as is necessary to implement the project on behalf of the City of Maplewood. fb.us.2622355.01 I