HomeMy WebLinkAbout2025-05-27 City Council Meeting Packet
AGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Tuesday, May 27, 2025
City Hall, Council Chambers
Meeting No. 10-25
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. APPROVAL OF AGENDA
E. APPROVAL OF MINUTES
1. May 12, 2025 City Council Workshop Meeting Minutes
2. May 12, 2025 City Council Meeting Minutes
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
2. Council Presentations
3. FBI-LEEDA Agency Trilogy Award
4. Maplewood Residential Recycling and Trash Collection Annual Report
G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember
requests additional information or wants to make a comment regarding an item, the vote
should be held until the questions or comments are made then the single vote should be
taken. If a councilmember objects to an item it should be removed and acted upon as a
separate item.
1. Approval of Claims
2. Cellebrite Service Agreement for the Maplewood Police Department
3. Affordable Homeownership Grant Program Agreements between the Metropolitan
Council, the City of Maplewood and Twin Cities Habitat for Humanity
4. ICMA/Economic Mobility and Opportunity Subgrant Agreement
5. Fifth Amendment to Maplewood Community Center Operating Agreement
6. Strategic Plan Update for First Quarter of 2025
7. Resolution Approving Grant Agreement with the Metropolitan Council for Inflow and
Infiltration Improvements
H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself
with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk
before addressing the council. At the podium please state your name and address clearly
for the record. All comments/questions shall be posed to the Mayor and Council. The
Mayor will then direct staff, as appropriate, to answer questions or respond to comments.
None
I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
1. Resolution Providing for the Issuance and Sale of General Obligation Improvement
Bonds, Series 2025A, $2,680,000
2. 2025 Public Works Consultant Pool Update
K. AWARD OF BIDS
1. 2025 Maplewood Street Improvements, City Project 24-12
a. Resolution Receiving Bids and Awarding Construction Contract
b. Authorize Use of Bolton and Menk, Inc. for Construction Surveying Services
L. ADJOURNMENT
Sign language interpreters for hearing impaired persons are available for public hearings upon
request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office
at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with
the City Clerk for availability.
RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY
Following are rules of civility the City of Maplewood expects of everyone appearing at Council
Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s
opinions can be heard and understood in a reasonable manner. We appreciate the fact that when
appearing at Council meetings, it is understood that everyone will follow these principles:
Speak only for yourself, not for other council members or citizens - unless specifically tasked by
your colleagues to speak for the group or for citizens in the form of a petition.
Show respect during comments and/or discussions, listen actively and do not interrupt or talk
amongst each other.
Be respectful of the process, keeping order and decorum. Do not be critical of council members,
staff or others in public.
Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive.
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MINUTES
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
5:00 P.M. Monday, May12, 2025
City Hall, Council Chambers
A.CALL TO ORDER
A meeting of the City Council was heldin the City Hall Council Chambers and was called to
order at5:00 p.m.by Mayor Abrams.
B.ROLL CALL
Marylee Abrams, MayorPresent
Rebecca Cave, CouncilmemberPresent
Kathleen Juenemann, CouncilmemberPresent
Chonburi Lee, Councilmember Present
Nikki Villavicencio, CouncilmemberPresent
C.APPROVAL OF AGENDA
CouncilmemberLeemoved toapprove the agenda assubmitted.
Seconded by CouncilmemberCave Ayes– All
The motion passed.
D.UNFINISHED BUSINESS
None
E.NEW BUSINESS
1.Intent to Close Meeting (Minnesota Statute Section 13D.03) to Discuss Labor
Negotiations Strategy
City Manager Sable provided background and direction to council.
Councilmember Cavemoved to close the meeting and go into closed session to discuss
labor negotiations strategy, pursuant to Minnesota Statutes Section 13D.03,
Seconded by CouncilmemberJuenemannAyes – All
The motion passed
Mayor Abrams closed the meeting at 5:03p.m.
Present at the closed session: Mayor Abrams, Councilmember Cave, Councilmember
Juenemann, Councilmember Lee, Councilmember Villavicencio, City Manager Sable,
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Assistant City Manager/HR Director Darrow, Finance Director Rueb, Public Safety Director
Bierdeman, HR Manager Nancy Steele, and Administrative Assistant Johanna Mouton.
Mayor Abrams called the meeting back to order at6:09 p.m.
2.2026 Budget Kickoff
Finance Director Rueb gave the presentation. City Manager Sable provided additional
information.
No Action Required
3.EAB/Tree Update
Mayor Abrams shared information from the Regional Council of Mayors meeting about
climate and effects on local EAB infestations. Public Works Director Love gave the
presentation. Council offered direction to staff to proceed into year twoof the tree program.
No Action Required
4.Metro HRA Housing Discussion
Community Development Director Parr provided background and housingopportunity
options. Terri Smith, Director with Metro HRA gave the presentation and answered
questions from the council.
No Action Required.
E.ADJOURNMENT
Mayor Abramsadjourned the meetingat6:58p.m.
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, May12, 2025
City Hall, Council Chambers
Meeting No. 09-25
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambersand was
called to order at7:06p.m.byMayor Abrams.
Mayor Abrams gave an update on changes and upcoming activities happening at
Maplewood Mall as the new Pan Asian Center moves in.Mayor Abrams also showed a
sample of Tommy Moose, a plush toy donated by the Moose Lodge to the Public Safety
Department to comfort children experiencing traumatic events.
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Marylee Abrams, MayorPresent
Rebecca Cave, CouncilmemberPresent
Kathleen Juenemann, CouncilmemberPresent
Chonburi Lee, CouncilmemberPresent
Nikki Villavicencio, CouncilmemberPresent
D.APPROVAL OF AGENDA
The following items were added to council presentations:
City Clean-Up
Red Flag Warnings
Pan Asian Center
CouncilmemberLeemoved to approve theagenda as amended.
Seconded by CouncilmemberJuenemannAyes – All
The motion passed.
E.APPROVAL OF MINUTES
1.April 14, 2025 City CouncilWorkshop Meeting Minutes
CouncilmemberJuenemannmoved to approve the April 14, 2025 City Council
Workshop MeetingMinutes assubmitted.
Seconded by CouncilmemberCave Ayes – All
The motion passed.
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2.April 14, 2025 City Council Meeting Minutes
CouncilmemberJuenemannmoved to approve theApril 14, 2025 City Council Meeting
Minutes assubmitted.
Seconded by Councilmember Lee Ayes – All
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Administrative Presentations
a.Council Calendar Update
City ManagerSablegave an update to the council calendar and reviewed other topics of
concern or interest requested by councilmembers.
2.Council Presentations
City Clean-Up
Councilmember Juenemannrecapped the Clean-Up event and gave statistics of what
was collected andalso shared the next clean-up day will be April 25, 2026.
Red Flag Warnings
Councilmember Villavicencioreminded residents that Minnesota is under a red flag
warning issued by the National Weather Service so no open burning campfires are
currently permitted.
Pan Asian Center
Councilmember Leeattended the Launch Opening Ribbon Cutting Celebration, along
with other councilmembers and staff,and suggestedresidents visit Maplewood Mall to
see all that is newthere.
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 items G2, G3, & G4 were highlighted.
CouncilmemberCavemoved toapprove agenda items G1-G7.
Seconded by CouncilmemberJuenemannAyes – All
The motion passed.
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1.Approval of Claims
CouncilmemberCavemoved to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 117,976.14 Checks # 122970 thru # 123000
dated 4/15/25
$ 372,151.84 Checks # 123001 thru # 123037
dated 4/22/25
$ 517,277.67 Checks # 123038 thru # 123063
dated 4/29/25
$ 428,394.29 Checks # 123064 thru # 123094
dated 5/6/25
$ 967,067.89 Disbursements via debits to checking account
dated 4/07/25 thru 4/20/25
$ 2,402,867.83 Total Accounts Payable
PAYROLL
$ 804,413.720 Payroll Checks and Direct Deposits dated 04/11/25
$ 781,427.00 Payroll Checks and Direct Deposits dated 4/25/25
$ 1,585,840.72 Total Payroll
$ 3,988,708.55 GRAND TOTAL
Seconded by Councilmember JuenemannAyes – All
The motion passed.
2.First Quarter 2025 Financial Report
No action required.
3.Joint Powers Agreement of the Ramsey County Sheriff Emergency Response
CouncilmemberCavemoved toapprove the Amended Joint Powers Agreement of the
Ramsey County Sheriff Emergency Response Teams (SERT).
Seconded by CouncilmemberJuenemannAyes – All
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The motion passed.
4.Joint Powers Agreement of the Minnesota Human Trafficking Investigators
Task Force (MNHITF)
CouncilmemberCavemoved to approvetherenewed Joint Powers Agreement with the
State of Minnesota for the Human Trafficking Investigators Task Force (MNHITF).
Seconded by CouncilmemberJuenemannAyes – All
The motion passed.
5.Resolution Authorizing Execution of Consent to Assignment and
Assumption of Tax Increment Revenue Note and Development Agreement
and Authorizing Issuance of Replacement Note, 2191 Van Dyke Street North
Councilmember Cavemoved to approve the resolution entitled “Resolution Authorizing
Execution of Consent to Assignment and Assumption of Tax Increment Revenue Note
and Development Agreement and Authorizing Issuance of Replacement Note”.
Resolution 25-05-2400
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING
WHEREAS, in 2003, the City established Tax Increment Financing District 1-7, a
housing tax increment financing district, and issued to Van Dyke Street Homes, Limited
Partnership, the developer, a pay-as-you-go TIF Note in the principal amount of $510,000;
and
WHEREAS, Van Dyke Street Homes, Limited Partnership is selling the project to
Dadder’s Estates, LLC and assigning the Note to the buyer; and
WHEREAS, the 2003 TIF agreement prohibits the assignment of the Note without
the consent of the City; and
WHEREAS, appropriate assignment and assumption agreement has been submitted
by the parties to this transaction and reviewed by the City and has been found to be in proper
form; and
WHEREAS, the original Note has been lost and the City has been asked to issue a
replacement Note; and
WHEREAS, upon receipt of an Affidavit of Lost Note executed by the original holder
of the Note, the City will issue a replacement Note.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood, Minnesota as follows:
1.The Mayor and City Manager are authorized and directed to execute the
Consent to Assignment and Assumption of Tax Increment Revenue Note and
Development Agreement.
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2.City staff are authorized and directed to issue a replacement Tax Increment
Revenue Note upon receipt of Affidavit of Lost Note executed by the original
holder of the Note.
3.City staff and consultants are authorized and directed to take all additional
actions as may be necessary or convenient to facilitate the intent of this
resolution.
Seconded by Councilmember JuenemannAyes – All
The motion passed.
6.Amendment to Livable Community Act Grants
Councilmember Cavemoved to direct appropriate staff to execute the Agreement
Permitting Redeployment of Repayment Proceeds for Grant Funds as Loan Proceeds
between the Metropolitan Council and the City of Maplewood.
Seconded by Councilmember JuenemannAyes – All
The motion passed.
7.Facility Conditions Assessment Proposal for Maplewood Community Center
CouncilmemberCavemoved to approve the professional services contract with Leo A
Daly for the lump sum fee of $43,900.
Seconded by Councilmember JuenemannAyes – 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 the City Clerk
before addressing the council. At the podium please state your name and address
clearly for the record. All comments/questions shall be posed to the Mayor and Council.
The Mayor will then direct staff, as appropriate, to answer questions or respond to
comments.
1.MnDOT TH 5 Improvements, City Project 25-10
a.Public Hearing
b.Resolution of Municipal Consent of Final Layout
Public Works Director Love introduced the agenda item. Mayor Abrams outlined the
sequence of steps for the public hearing. Michael Corbett, Area Engineer with MnDOT,
gave the presentation.
Mayor Abrams opened public hearing. The following people spoke:
James Burke – 2310 Stillwater Road
Elizabeth Jacobson – 2310 Stillwater Road
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Mayor Abrams closed the public hearing.
Council discussed the item and asked questions of staff and MnDOT.
Mayor Abramsmoved to tablethe resolution concerning the layout for MnDOT’s Trunk
Highway 5 improvements projectuntil MnDOT has the opportunity to return to council
with creative, satisfactorychanges for the project.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
I.UNFINISHED BUSINESS
None
J.NEW BUSINESS
1.Verizon Wireless Communications Monopole, 1210 Sterling Street South
a.Conditional Use Permit Resolution
b.Design Review Resolution
Community Development Director Parr gave the staff report. Tammy Hartman, with
Verizon Wireless, addressed council and provided additional information.
CouncilmemberLeemoved to approve the conditional use permit resolution for a 125-
foot communications tower to be constructed at 1210 Sterling Street South.
Resolution 25-05-2401
CONDITIONAL USE PERMIT RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01Verizon Wireless has requested approval of a conditional use permit to permit a
125-foot communications tower.
1.02The property is located at 1210 Sterling Street South and is legally described as:
PIN: 132822430022. The South seventy- four feet (S. 74') of the West Half of the
Southeast Quarter (W 1/2 of SE 1/4) of Section 13, Township 28, Range 22, lying
North of the South twenty-five (S. 25) acres, East of Sterling Street, and West of
State Trunk Highway 494, it being the intention of the granters to convey a seventy-
four foot (74') strip immediately to the North of the South twenty-five (S. 25) acres
ofthe West Half of the Southeast Quarter ( W 1/2 of SE 1/4) of Section 13,
Township28, Range 22.
AND
Outlot A, HIGHWOOD ESTATES NO. 2, according to the recorded plat thereof.
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AND
That portion of the SW 1/4 of the SE1/4 of Sec. 13, T. 28, R.22, according to the
Government Survey thereof, described as follows: Commencing at the SE corner
ofthe SW 1/4 of the SE 1/4 of said Sec. 13, thence N. 50 rods, thence W. 80 rods
tothe Quarter Sec. line, thence S. 50 rods to the Sec. line, thence E. along the
sec. line80 rods to the place of beginning, being 25 acres, more or less.
Less and Except that portion of the property conveyed by the following: As referred
to in Warranty Deed recorded as Instrument No. 2717756: The east one-half of
Sterling Street right-of-way that is located in the south half of Section 13, Township
28, Range 22 which is south of the south line of the following- described property
and south of the (easterly) extension of said south line: the north 487.99 feet of the
SW 1/4 of the SE l/4 of Section 13, Township 28, Range 22.
AND
Outlet A, Maplewood Highlands, Ramsey County, Minnesota according to the
recorded plat thereof.
As referred to in Warranty Deed recorded as instrument No. 2718516: That part
of the South 180.00 feet of the West 233.00 feet of the Southwest Quarterof the
Southeast Quarter of Section 13, Township 28, Range 22, Ramsey County,
Minnesota lying East of the West 33.00 thereof.
Ramsey County
Abstract Property
Section 2. Standards.
2.01City Ordinance Section 44-512(4) requires a Conditional Use Permit for the
exterior storage of goods or materials.
2.02Communication Towers Conditional Use Permit Standards. City Ordinance
Section44-1326.
1.Standards in this Code.
2.Recommendations of the planning commission and community design review
board.
3.Effect of the proposed use upon the health, safety, convenience and general
welfare of residents of surrounding areas.
4.Effect on property values.
5.Effect of the proposed use on the comprehensive plan.
2.03General Conditional Use Permit Standards. City Ordinance Section 44-1097(a)
states that the City Council must base approval of a Conditional Use Permit on
the following nine standards for approval.
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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.
3.01The proposal meets the specific conditional use permit standards.
Section 4. City Review Process
4.01The City conducted the following review when considering this conditional use
permit request.
1.On March 18, 2025, the planning commission held a public hearing. The city
staff published a hearing notice in the Pioneer Press and sent notices to the
surrounding property owners. The planning commission gave everyone at
the hearing a chance to speak and present written statements. The planning
commission recommended that the city council approve this resolution.
2.On May 12, 2025, the city council discussed this resolution. They considered
reports and recommendations from the planning commission and city staff.
Section 5.City Council
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5.01The city council hereby approves the resolution. Approval is based on the findings
outlined in section 3 of this resolution. Approval is subject to the following
conditions: (additions are underlined and deletions are crossed out):
1.All construction shall follow the plans approved by the city. The director of
community development may approve minor changes.
2.The proposed construction must be substantially started within one year of
council approval, or the permit shall become null and void.
3.The city council shall review this conditional use permit in one year.
4.This conditional use permit is conditioned upon the applicant allowing the
collocation of other providers' telecommunications equipment on the
proposed tower. The applicant shall submit a letter to staff allowing
collocation before a building permit canbe issued.
5.The tower may not have any lighting on or illuminating the structure.
6.All wireless communication equipment on the ski jump must be removed
when the new monopole tower is operational.
Seconded by CouncilmemberJuenemann Ayes – All
The motion passed.
CouncilmemberJuenemannmoved to approve the design review resolution for a 125-
foot communications tower to be constructed at 1210 Sterling Street South.
Resolution 25-04-2402
DESIGN REVIEW RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01Verizon Wireless has requested approval of design review to permit a 125-foot
communications tower.
1.02The property is located at 1210 Sterling Street South and is legally described as:
PIN: 132822430022. The South seventy- four feet (S. 74') of the West Half of the
Southeast Quarter (W 1/2 of SE 1/4) of Section 13, Township 28, Range 22, lying
North of the South twenty-five (S. 25) acres, East of Sterling Street, and West of
State Trunk Highway 494, it being the intention of the granters to convey a
seventy-four foot (74') strip immediately to the North of the South twenty-five (S.
25) acres ofthe West Half of the Southeast Quarter ( W 1/2 of SE 1/4) of Section
13, Township28, Range 22.
AND
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Outlot A, HIGHWOOD ESTATES NO. 2, according to the recorded plat thereof.
AND
That portion of the SW 1/4 of the SE1/4 of Sec. 13, T. 28, R.22, according to the
Government Survey thereof, described as follows: Commencing at the SE corner
ofthe SW 1/4 of the SE 1/4 of said Sec. 13, thence N. 50 rods, thence W. 80 rods
tothe Quarter Sec. line, thence S. 50 rods to the Sec. line, thence E. along the
sec. line80 rods to the place of beginning, being 25 acres, more or less.
Less and Except that portion of the property conveyed by the following: As
referredto in Warranty Deed recorded as Instrument No. 2717756: The east one-
half ofSterling Street right-of-way that is located in the south half of Section 13,
Township28, Range 22 which is south of the south line of the following- described
property and south of the (easterly) extension of said south line: the north 487.99
feet of the SW 1/4 of the SE l/4 of Section 13, Township 28, Range 22.
AND
Outlet A, Maplewood Highlands, Ramsey County, Minnesota according to the
recorded plat thereof.
As referred to in Warranty Deed recorded as instrument No. 2718516: That part
of the South 180.00 feet of the West 233.00 feet of the Southwest Quarterof the
Southeast Quarter of Section 13, Township 28, Range 22, Ramsey County,
Minnesota lying East of the West 33.00 thereof.
Ramsey County
Abstract Property
Section 2. Site and Building Plan Standards and Findings.
2.01City ordinance Section 2-290(b) and 44-1327(13) requires that the community
design review board make the following findings to approve plans:
1.That the design and location of the proposed development and its
relationship to neighboring, existing or proposed developments and traffic is
such that it will not impair the desirability of investment or occupation in the
neighborhood; that it will not unreasonably interfere with the use and
enjoyment of neighboring, existing or proposed developments; and that it
will not create traffic hazards or congestion.
2.That the design and location of the proposed development are in keeping
with the character of the surrounding neighborhood and are not detrimental
to the harmonious, orderly and attractive development contemplated by this
article and the city's comprehensive municipal plan.
3.That the design and location of the proposed development would provide a
desirable environment for its occupants, as well as for its neighbors, and
that it is aesthetically of good composition, materials, textures and colors.
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Section 3. City Council Action.
3.01The above-described site and design plans are hereby approved based on the
findings outlined in Section 3 of this resolution. Subject to staff approval, the site
must be developed and maintained in substantial conformance with the design
plans. Approval is subject to the applicant doing the following:
1.Obtain a conditional use permit approval from the city council for this project.
2.Repeat this review in two years if the city has not issued a building permit
for this project.
3.All requirements of the city engineer, fire marshal and building official must
be met.
4.Prior to the issuance of a building permit, the applicant shall submit for staff
approval the following items:
a.Submit a tree plan showing the size, species, and location of all
significant trees within the disturbed area. A significant tree is any
hardwood tree six diameter inches or larger, conifer tree eight diameter
inches or larger, and softwood tree 12 diameter inches or larger. The
plan must show which trees will be removed with the development of
the monopole or how the trees near the project will be preserved. If
significant tree removal is proposed, the plan must show tree
replacement per the City’s tree ordinance.
b.Submit a landscape plan to show tree replacement if necessary and
how the tower and ground equipment will be screened per the City’s
antenna and tower ordinance.
c. The applicant shall provide the city with a cash escrow or an irrevocable
letter of credit for all required exterior improvements. The amount shall
be 150 percent of the cost of the work.
5.If any required work is not done, the city may allow temporary occupancy if:
a.The city determines that the work is not essential to public health, safety
or welfare.
b.The above-required letter of credit or cash escrow is held by the City of
Maplewood for all required exterior improvements. The owner or
contractor shall complete any unfinished exterior improvements by
June 1 of the following year if use of the building is in the fall or winter
or within six weeks of occupancy of the building if use is in the spring
or summer.
6.All work shall follow the approved plans. The director of community
development may approve minor changes.
Seconded by Councilmember Cave Ayes – All
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The motion passed.
2.Resolution Ordering the Abatement of Hazardous Buildings and Public
Nuisance Conditions at 1765 Howard Street North
Community Development Director Parr gave the staff report.
CouncilmemberJuenemannmoved to approve the Resolution Ordering the Abatement
of Conditions Creating Hazardous Buildings and a Public Nuisance at 1765 Howard
Street North.
Resolution 25-05-2403
RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING
HAZARDOUS BUILDINGS AND A PUBLIC NUISANCE AT
1765 HOWARD STREET NORTH
RECITALS
WHEREAS, the property located at 1765 Howard Street North, legally described
on Exhibit A attached hereto (the “Subject Property”), is located in the city of Maplewood
(the “City”); and
WHEREAS, the Subject Property is owned by Michael Anderson (the “Owner”)
and, to the best of the City’s knowledge, is unoccupied; and
WHEREAS, the Subject Property contains a single-family dwelling (“Dwelling”),
garage (“Garage”), and two-story accessory structure (“Accessory Structure”); and
WHEREAS, the Subject Property has been subject to longstanding code
enforcement efforts by the City due to multiple complaints, code violations, and other
concerns regarding the condition of the Subject Property and the buildings located
thereon; and
WHEREAS, the City’s building official, Randy Johnson, has performed numerous
comprehensive inspections of the Subject Property with the Owner present, the most
recent of which was on October 10, 2024; and
WHEREAS, during said inspections, the following conditions were observed and
noted in relation to the Dwelling: (i) there were several tarps on the roof and evidence of
deteriorated shingles and rotted facia boards; (ii) multiple windows had been replaced
without the required permit and not properly installed; (iii) visible mold growth was
occurring in the windows; (iv) the exterior siding was deteriorating; (v) sheetrock was
removed from several walls and ceilings leaving bare rafters and studs throughout the
Dwelling; (vi) several electrical junction boxes were in a state of disrepair with exposed
wiring; (vii) there was no functional plumbing in the kitchen or bathroom and improper
drainage containers were located underneath the kitchen sink; (viii) thebathroom was
completely gutted and in a total state of disrepair without functioning plumbing or toilet;
(ix) there were visible water spots and mold growth on multiple ceilings and walls; (x) the
chimney was removed leaving a hole through the Dwelling and in the roof; (xi) the main
electrical panel appeared new and no permits had been pulled for its installation; (xii) an
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unpermitted drain tile project was in progress in the basement; and (xiii) several adjustable
posts had been placed in the basement to support the main floor framing without the
appropriate permit; and
WHEREAS, during said inspections, the following conditions were also observed
and noted in relation to the Accessory Structure, which was constructed without the
required building permit: (i) the Accessory Structure’s upper level door was only
accessible by a ladder and opened up to a significant drop to the ground; (ii) the Accessory
Structure lacked a proper foundation and was resting on timbers; and (iii) the Accessory
Structure was not properly anchored to the ground, leaving it vulnerable to strong winds
and other weather conditions; and
WHEREAS, during said inspections, the following conditions were also observed
and noted in relation to the Garage: (i) a permit was pulled for an addition onto the Garage
in 2016 and there was no final inspection requested; (ii) multiple tarps were located on the
Garage’s roof; (iii) an open electrical panel was located in the Garage and unpermitted
electrical work was ongoing; (iv) a failing lean-to roof structure was located on the back of
the Garage; and (v) the Garage was entirely filled with rubbish and construction debris;
and
WHEREAS, during said inspections, it was also observed and noted that there was
junk, construction debris, rubbish, logs, and brush throughout all exterior portions of the
Subject Property and surrounding all of the aforementioned structures; and
WHEREAS, since the most recent inspection, there have been no permits pulled
for the Subject Property that would indicate any improvements to the conditions observed
and noted above; and
WHEREAS, Minnesota Statutes, section 463.15, subdivision 3 defines a
“hazardous building” as “any building… which because of inadequate maintenance,
dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire
hazard or a hazard to public safety or health”; and
WHEREAS, Minn. R. 1300.0180 defines “unsafe structure” as any building or
structure that “is structurally unsafe, not provided with adequate egress, a fire hazard, or
otherwise dangerous to human life”; and
WHEREAS, section 18-31(5) of the Maplewood City Code (the “City Code”) deems
it a public nuisance to accumulate rubbish debris, and other offensive materials on
property; and
WHEREAS, section 18-31(14) of the City Code deems it a public nuisance to use
property in any manner deemed by the city council to be a menace to the health of the
inhabitants of the city; and
WHEREAS, section 18-33(6) of the City Code deems it a public nuisance to erect
or alter buildings in violation of the City Code, including the Minnesota State Building
Code, and other fire ordinances concerning manner and materials of construction; and
WHEREAS, section 18-33(9) of the City Code deems it a public nuisance to permit
or maintain the outside storage of items such as but not limited to, building materials, scrap
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metal, junk or similar materials; and
WHEREAS, both Minnesota Statutes, section 609.74 and section 18-30 of the City
Code also deem it a public nuisance to maintain or permit a condition which unreasonably
annoys, injures or endangers the safety, health, morals, comfort, or repose of the public;
and
WHEREAS, despite numerous complaints and communications and efforts by the
City to inform the Owner of the aforementioned conditions, the Owner has not corrected
any of said conditions and they still exist today; and
WHEREAS, Minnesota Statutes, section 463.161 et seq. authorizes a city to
correct or remove a hazardous condition of any hazardous building if the owner of record
fails to do so after a reasonable time and the district court enters a judgment sustaining
the city’s order; and
WHEREAS, also pursuant to section 18-37 of the City Code, the City Council may
order the abatement of a public nuisance on any premises; and
WHEREAS, Minn. R. 1300.0180 also expressly requires that unsafe structures “be
abated \[under\] Minnesota Statutes, sections 463.15 to 463.26.”; and
WHEREAS, based on the information presented, the city council has determined
that the condition of the Subject Property, including the three aforementioned structures
located thereon, constitutes a hazard and a public nuisance in violation of both state and
local law and, therefore, should be abated by the City if not properly abated by the
Owner or other interested party.
RESOLUTION
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of
Maplewood as follows:
1. The city council adopts, as factual findings, all of the Recitals listed above.
2. The city council finds that the Dwelling, the Garage, and the Accessory
Structure are all hazardous, as defined by Minnesota Statutes, section
463.15, and unsafe, as defined by Minnesota Rules, section 1300.0180.
3. The city council also finds that the condition of the Subject Property
constitutes a public nuisance, as defined by both state and local law, violates
the aforementioned sections of the City Code, and is a menace to the health
of the inhabitants of the city.
4. The city attorney shall prepare an Abatement Order substantially similar to
that attached as Exhibit B attached hereto.
5. The city attorney is authorized to take all necessary legal steps to effectuate
service of this Resolution and the corresponding Abatement Order in the
manner required by state and/or local law.
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6. The city attorney and city staff are authorized to take all necessary legal
steps to secure compliance with the Abatement Order and to obtain
authority to remove and abate the hazardous and public nuisance conditions
on the Subject Property by court order and collect and/or assess the costs
thereof against the Subject Property, as otherwise permitted by state and
local law. For the avoidance of doubt, should the Owner or any other
interested party fail to properly address the aforementioned concerns as
required in the Abatement Order, the city council hereby authorizes City staff
and consultants to pursue the timely demolition of the structures and
removal of all personal property from the Property in accordance with state
and local law.
EXHIBIT A TO RESOLUTION
Legal Description
Lot 3, Block 3, Hillcrest Gardens Addition to Ramsey County, Minnesota.
Abstract Property
EXHIBIT B
Abatement Order
STATE OF MINNNESOTA DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
________________________________________ Case Type: Other Civil
In the Matter of the Hazardous Buildings and
Public Nuisance Located at 1765 Howard St N,ORDER FOR ABATEMENT OF
Maplewood, MinnesotaHAZARDOUS BUILDINGS
AND PUBLIC NUISANCE
________________________________________
TO: All owners, occupants, and all lienholders of record.
The city council of the city of Maplewood, Minnesota hereby orders that within 45 days of
service of this Order that you abate the hazardous buildings and public nuisance conditions which
exist on the property located at: 1765 Howard Street North, in the city of Maplewood, Ramsey
County, which property is legally described as Lot 3, Block 3, Hillcrest Gardens Addition to
Ramsey County, Minnesota.
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Specifically, the city of Maplewood, pursuant to Minnesota Statutes, chapter 463, the
Minnesota State Building Code, and the Maplewood City Code, has determined that the
unoccupied single-family dwelling (the “Dwelling”) located at the above-referenced property is
hazardous, unsafe, and a public nuisance due to the following observations: there are several
tarps on the roof and evidence of deteriorated shingles and rotted facia boards; multiple windows
have been replaced without the required permit and not properly installed; visible mold growth is
occurring in the windows; the Dwelling’s exterior siding is deteriorating; sheetrock has been
removed from several walls and ceilings leaving bare rafters and studs throughout the Dwelling;
several electrical junction boxes in the Dwelling are in a state of disrepair with exposed wiring;
there is no functional plumbing in the kitchen or bathroom and improper drainage containers are
underneath the kitchen sink; the bathroom has been completely gutted and is in a total state of
disrepair; there are visible water spots and mold growth on multiple ceilings and walls; the
chimney has been removed leaving a hole through the Dwelling and in the roof; the main electrical
panel appears new and no permits were pulled for its installation; an unpermitted drain tile project
is ongoing in the basement; and several adjustable posts have been placed in the basement to
support the main floor framing without the appropriate permit.
Additionally, the city of Maplewood, pursuant to Minnesota Statutes, chapter 463, the
Minnesota State Building Code, and the Maplewood City Code, has determined that the two-story
accessory structure (the “Accessory Structure”) located at the above-referenced property is
hazardous, unsafe, and a public nuisance due to the following observations: the Accessory
Structure’s upper level door is only accessible by a ladder and opens up to a significant drop to
the ground; the Accessory Structure lacks a proper foundation and is resting on timbers; the
Accessory Structure is not properly anchored to the ground, leaving it vulnerable to strong winds
and other weather conditions; and the Accessory Structure was constructed without the required
building permit.
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Furthermore, the city of Maplewood, pursuant to Minnesota Statutes, chapter 463, the
Minnesota State Building Code, and the Maplewood City Code, has determined that the garage
(the “Garage”) located at the above-referenced property is hazardous, unsafe, and a public
nuisance due to the following observations: multiple tarps are located on the Garage’s roof; an
open electrical panel is located in the Garage and unpermitted electrical work is ongoing; a failing
lean-to roof structure is attached to the back of the Garage; the Garage is entirely filled with
rubbish and construction debris; and although a permit was pulled in 2016 to construct an addition
to the Garage, said permit was not properly closed out or inspected.
Finally, the city of Maplewood, pursuant to chapter 18 of the Maplewood City Code, along
with Minnesota Statutes, sections 145A.05, subdivision 9 and 609.74, finds that the exterior of
the property located at the above-referenced address also constitutes apublic nuisance due to
the accumulation of junk, construction debris, rubbish, logs, and brush throughout the yard and
surrounding all of the aforementioned structures.
Pursuant to the above-referenced statutes and ordinances, it is hereby ORDERED that
you abate the aforementioned hazardous and public nuisance conditions within 45 days of the
date of service of this Order by either (i) razing the structures, removing allpersonal property from
the subject property, and thereafter restoring the subject property to a safe condition; or (ii)
completing each and every one of the following items:
1.Repair or replace the Dwelling’s deteriorated roof in accordance with the
Minnesota State Building Code and remove all tarps from said roof;
2.Repair or replace all improperly installed windows on the Dwelling in accordance
with the Minnesota State Building Code;
3.Repair or replace the Dwelling’s deteriorated siding in accordance with the
Minnesota State Building Code;
4.Repair and properly cover all exposed walls and ceilings throughout the Dwelling
in accordance with the Minnesota State Building Code;
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5.Repair all improperly installed and exposed electrical components throughout the
Dwelling in accordance with the Minnesota State Building Code;
6.Repair and make operable all improperly installed and nonfunctioning plumbing
components throughout the Dwelling in accordance with the Minnesota State
Building Code;
7.Repair the exposed hole located through the Dwelling caused by removal of the
chimney in accordance with the Minnesota State Building Code;
8.Repair or complete the ongoing drain tile project in the Dwelling in accordance with
the Minnesota State Building Code;
9.Obtain proper permits and inspections for unpermitted installation of adjustable
posts in the Dwelling and adhere to all requirements and direction from the City’s
building official to ensure adherence to Minnesota State Building Code;
10.Determine the extent of mold within the Dwelling and mitigate said mold, as
deemed necessary;
11.Obtain proper permits and inspections for unpermitted construction of the
Accessory Structure and adhere to all requirements and direction from the City’s
building official to ensure adherence to Minnesota State Building Code;
12.Repair or replace roof on the Garage as necessary and in accordance with the
Minnesota State Building Code and remove all tarps from said roof;
13.Repair all improperly installed and exposed electrical components throughout the
Garage in accordance with the Minnesota State Building Code;
14.Remove and properly dispose of all portions of the deteriorated lean-to addition on
the back of the Garage; and
15.Remove and properly store or dispose of all junk, construction debris, rubbish,
logs, brush, and other materials located throughout the exterior of the property.
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All such work is subject to permitting and required inspections by staff members of the
City to ensure compliance with applicable rules and law. This order is not a permit. You are further
advised that unless such corrective action is taken or an answer is served on the City and filed
within 21 days of the date of service of this order upon you, a motion for summary enforcement
of this order may be made to the Ramsey County District Court. More specifically, nonadherence
to this Order will result in the City pursuing a court order permitting it to demolish the Dwelling,
the Accessory Structure, and the Garage and removing all personal property from the subject
property, as authorized under law.
You are further advised that if you do not comply with this Order and the City is compelled
to take any corrective action, all necessary costs incurred by the City in taking such corrective
action will be collected and assessed against the property pursuant to Minnesota Statutes, section
463.21 and section 18-37 of the City Code. In connection thereto, the City intends to recover all
of its expenses incurred in carrying out this Order, including specifically but not exclusively, filing
fees, service fees,publication fees, attorneys’ fees, appraisers’ fees, witness fees, including
expert witness fees and traveling expenses incurred by the City from the time this Order was
originally made pursuant to Minnesota Statutes, section 463.22.
Dated ______________, 2025 KENNEDY & GRAVEN, CHARTERED
By:
David T. Anderson (#0393517)
Ronald H. Batty (#0005356)
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
(612) 337-9300
ATTORNEYS FOR THE
CITY OF MAPLEWOOD
Seconded by Councilmember Cave Ayes – All
May 12, 2025
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E2
The motion passed.
K. AWARD OF BIDS
None
L. ADJOURNMENT
Mayor Abrams adjourned the meeting at 8:32p.m.
May 12, 2025
City Council Meeting Minutes
20
Council Packet Page Number 22 of 326
F1a
CITY COUNCIL STAFF REPORT
Meeting Date
May 27, 2025
REPORT TO: City Council
REPORT FROM: Michael Sable, City Manage
r
PRESENTER: Michael Sable, City Manager
AGENDA ITEM: Council Calendar Update
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution Ordinance Contract/AgreementProclamation
Policy Issue:
This item is informational and intended to provide the Council an indication on the current planning for
upcoming agenda items and the Work Session schedule. These are not official announcements of the
meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars.
Recommended Action:
No motion needed. This is an informational item.
Upcoming Agenda Items and Work Sessions Schedule:
June 9:No Workshop
June 23: Workshop: Habitat for Humanity Housing Discussion
July 14: Workshop: City Building Tour
Council Comments:
Comments regarding Workshops, Council Meetings or other topics of concern or interest.
1.Transit Discussion
2.Discuss Charitable Gambling Policy
Community Events and Notifications:
Water Fest at Lake Phalen, May 31, 11 AM Î 4 PM, Lake Phalen Regional Park
Bike Rodeo, June 7, 10 AM Î 12:30 PM, North Fire Station, 1530 County Road C East
Maplewood Living Schedule:
Author Due DateEdition
Villavicencio June 17, 2025 July 2025
Lee Aug 19, 2025 Sept 2025
Council Packet Page Number 23 of 326
F3
CITY COUNCIL STAFF REPORT
Meeting Date May 27, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Brian Bierdeman, Public Safety Director
PRESENTER:Brian Bierdeman, Public Safety Director
AGENDA ITEM: FBI-LEEDA Agency Trilogy Award
Action Requested:MotionDiscussionPublic Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
Maplewood’s Police Department command staff has earned the FBI-LEEDA Agency Trilogy Award.
FBI-LEEDA (Law Enforcement Executive Development Association) offers a Trilogy Leadership
Series, widely recognized as one of the premier leadership development tracks for modern policing.
Officers who complete all three programs earn the FBI-LEEDA Trilogy Award, while agencies who
have the entire command staff complete the trilogy series receive the Agency Trilogy Award.
Recommended Action:
No action is required.
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:
Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship
Integrated Communication Operational EffectivenessTargeted Redevelopment
Background:
A respected credential in the law enforcement community, the Trilogy Leadership Series is a set of
three courses focusing on different levels of law enforcement leadership: Supervisor, Command,
and Executive. After four years of hard work, the Maplewood Police Department’s command staff
proudly received the FBI-LEEDA Agency Trilogy Award at the organization’s annual conference in
New Orleans in April of this year. This national honor recognizes agencies whose entire command
staff has completed the rigorous Trilogy Leadership Series. Maplewood is one of the few, if not the
only, agencies in the state to achieve this distinction, reflecting the city’s deep commitment to, as
well as investment in, ethical, accountable, and community-focused policing. Chief Bierdeman,
Council Packet Page Number 24 of 326
F3
Deputy Chief Busack, and LieutenantsSteiner, Hoemke, and Dugas represented the department in
receiving the award at the conference.
Attachments:
None
Council Packet Page Number 25 of 326
F4
CITY COUNCILSTAFF REPORT
Meeting Date May 27, 2025
REPORT TO:Michael Sable, City Manager
REPORT FROM: Steven Love, Public Works Director
Audra Robbins, Parks and Natural Resources Manager
Shann Finwall, Sustainability Coordinator
PRESENTER:Shann Finwall, Sustainability Coordinator
AGENDA ITEM: Maplewood Residential Recycling and Trash Collection Annual Report
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
The City’s contract with Tennis Sanitation and Republic Services requires that the City hold an
annual review of the residential recycling and trash collection services.
Recommended Action:
Motion to approve the 2025 residential recycling and trash collection annual report.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship
Integrated Communication Operational EffectivenessTargeted Redevelopment
The City’s residential recycling and trash collection programs create operational effectiveness by
protecting public health and safety and promoting City cleanliness and livability. It is an important
part of the City’s environmental stewardship and green assets by using best management
practices to reduce waste and protect air quality, water quality, and natural resources.
Background:
Residential Recycling and Trash Collection Contracts
The residential recycling and trash collection contracts with Tennis Sanitation and Republic
Services have terms of January 1, 2025 to June 30, 2027.
Council Packet Page Number 26 of 326
F4
The contracts require that the City schedule an annual meeting with Tennis Sanitation and Republic
Services to review the contractor’s annual reports, performance based on feedback from residents
and staff, service improvements proposed by the Environmental and Natural Resources
Commission, and discuss other opportunities for improvement within the remaining years under the
contracts.
The contracts also require that Tennis Sanitation and Republic Services submit year-end reports
that outline items such as the quantities of recyclables and trash collected by material type, cart
sizes in use, safety and reports, a log of customer complaints, customer service improvements, etc.
Tennis Sanitation and Republic Services collaborate with the Environmental and Natural Resources
Commission on an annual work plan that outlines key priorities for system improvements
throughout the year. The City Council reviews and approves the work plan, which is then
incorporated by reference as an amendment to the contracts.
Tennis Sanitation Annual Review
2024 Recycling Collection Year-End Report
The Recycling Collection Year-End Report (Attachment 1) summarizes the City’s recycling program
and outlines implementation strategies taken by Tennis Sanitation and the City to improve service.
These strategies included:
Walk-up service
Event participation (i.e., Touch a Truck, Friday Night Fireworks, etc.)
Park recycling improvements
Small business and church recycling outreach
Multi-family recycling outreach
The report also summarizes the materials collected. A comparison of a sampling of the data from
2023 to 2024 is as follows:
Comparison of a Sampling of Data from 2023 - 2024
Average pounds of recycling collected per month20232024
Single family 36.44 lbs 34.95 lbs
Multi-family11.02 lbs 13.44 lbs
Annual net tons of recycling collected
Single-family 2,478 tons 2,304tons
Multi-family 281.50 tons 295.15 tons
Businesses/Churches 22.71 tons 22.37 tons
2025 Recycling Work Plan
The 2025 Recycling Collection Work Plan (Attachment 2) includes recommendations for
improvements to the City’s recycling collection program, including:
Event Participation (i.e., State of the City and Touch a Truck/Friday Night Fireworks)
Park solid waste improvement pilot project
Updates to education tags
Multi-family property recycling improvements
Create strategies that improve participation and reduce residuals
Council Packet Page Number 27 of 326
F4
Assist the City with recycling improvements outlined in the 2025 SCORE Agreement Work
Plan
Republic Services Annual Review
2024 Trash Collection Year-End Report
The Trash Year-End Report (Attachment 3) summarizes implementation strategies taken by
Republic Services and the City to improve service. These strategies included:
Customer service improvements
Food scraps pick-up program
Walk-up service
Event Participation (i.e., Spring Clean Up, Touch a Truck/Friday Night Fireworks, Fall Clean
Up Campaign, etc.)
The report also summarizes the 2024 data of materials collected, household counts, cart sizes, etc.
A comparison of a sampling of the data from 2023 to 2024 follows:
Comparison of a Sampling of Data from 2023 - 2024
2023 2024
Trash Collected 8,406Tons 8380Tons
Bulky Items 1,092 units1010 units
Yard Waste Collected 453 tons 496 tons
Single-Family Accounts 8,915accounts8,673 accounts
Townhome/Manufactured
99 accounts 99 accounts
Home Accounts
Permanent Exemptions 145Exemptions 145 Exemptions
Walk-Up Service39 Walk Ups 34 Walk-Ups
Yard Waste Accounts1,446Accounts 1,474 Accounts
2025 Trash Collection Work Plan
The 2025 Trash and Yard Waste Collection Work Plan (Attachment 4) includes recommendations
for improvements to the City’s trash and yard waste collection program, including:
Event participation (i.e., State of the City, Spring Clean Up, Touch a Truck/Friday Night
Fireworks, and Fall Clean Up Campaign)
Park solid waste improvement pilot project
Updates to education tags
Review of yard waste and late fee billing issues
Food scraps pick-up program education and metrics
Coordinating a tour of the new Ramsey County Environmental Center
Attachments:
1.2024 Recycling Collection Year-End Report
2.2025 Recycling Collection Work Plan
3.2024 Trash Collection Year-End Report
4.2025 Trash and Yard Waste Collection Work Plan
Council Packet Page Number 28 of 326
F4, Attachment 1
ΑΏΑΓ
- ¯«¤¶®®£ 2¤¢¸¢«¨¦ 2¤¯®±³
Greg & Willie Tennis
Tennis SanitationLLC.
1/31/2025
Prepared by: Alexia Hieserich
pg. 1
Council Packet Page Number 29 of 326
F4, Attachment 1
Index of Recycling Report
.................... Page 3
................... Page 4
................... Page 5
Recycling Data (Multi-................... Page 7
Multi-................... Page 8
Inquiries, Linens, Cardboard, & Parks Summary..................... Page 9
Composite Study....................... Page 10
................... Page 11
Work Plan Review.................... Page 12
Market Report.................... Page 13
Additional Items................................................................. Page 14
Summary of Year-.................. Page 15
Appendix of Recycling Report
................... Appendix A
Recycling Report (Multi-.................... Appendix B
City Park Weights. Appendix C
...................... Appendix D
Monthly Multi-....................... Appendix E
..................... Appendix F
Educational Tags and
Complaints/Compliments Log Report
Educational Tags............................................................... Appendix G
Compliments/Complaints.................................................... Appendix H
pg. 2
Council Packet Page Number 30 of 326
F4, Attachment 1
January 31, 2025
City of Maplewood
Maplewood, MN 55109
1830 County Road B E
RE: LETTER OF PURPOSE
Dear City of Maplewood,
This Year-end recycling report has been prepared for the City of Maplewood.
This report contains summaries of recycling data for both single family and multi-family dwellings
including, but not limited to, inquiries, composite study information, environmental impact report and
recycling market report.
Also included is ten years of comparison data to help measure the success of the recycling program.
The data in this report has been utilized over the years to assist us in understanding past, present and
future progress of the recycling program, as well as helping us develop future strategies to enhance
the recycling programs already in place.
Sincerely,
Greg & Willie Tennis
Greg and Willie Tennis
Tennis Sanitation
pg. 3
Council Packet Page Number 31 of 326
RECYCLING DATA SUMMARY
F4, Attachment 1
In this report, we have compiled annual data from both single family and multi-family dwellings.This
data includes:
Combined net tonnage of all residential and multi-family dwellings
Break-out of single family tonnage and participation rates (orange)
Break-out of multi-family tonnage (blue)
(blue)
Separate measurement of weights for cardboard and linens (bottom of APPENDIX A)
Break-out of single family (orange) and Multi-family (blue) recycling materials by type and
(blue)
weight.
Break-out of combined tonnages (green)
(green)
Inquiries tracked per month (bottom of APPENDIX A)
Business, parks and cardboard volumes
The data is compiled from recyclable materials collected from our drivers on designated Maplewood
routes. Each load is weighed, and weights period. Weights are broken-
out based on a composite ratio of the entire load.
pg. 4
Council Packet Page Number 32 of 326
RECYCLING DATA (SINGLE FAMILY)
F4, Attachment 1
The Single Family Data in APPENDIX A (orange) was compiled from the single family homes after taking out the
multi-family weights. From this data, we can illustrate the weight per home (in lbs.), per month. We also have
tracked the number of residents that do not place their recycling out on a weekly basis.
In analyzing the single family data, we are able to provide the following observations:
2024 average weight per unit, per month 34.95 lbs.
2012 - 41.95 lbs. per month 2013 - 43.78 lbs. per month 2014 - 53.48 lbs. per month
2015 - 53.48 lbs. per month 2016 - 54.59 lbs. per month 2017 - 53.99 lbs. per month
2018 - 54.01 lbs. per month 2019 - 53.69 lbs. per month 2020 - 46.13 lbs. per month
2021 - 43.74 lbs. per month 2022 41.20 lbs. per month 2023 - 36.44 lbs. per month
2024 annual net total tons collected for single-family 2304.29 tons
2012 - 2,313.61 tons 2013 - 2,414.62 tons 2014 - 2,949.92 tons
2015 - 2,949.94 tons 2016 - 3,011.02 tons 2017 - 2,978.13 tons
2018 - 2,979.18 tons 2019 - 2,961.30 tons 2020 - 3,137.35 tons
2021 - 2,974.80 tons 2022 2,802.21 tons 2023 2,478.38 tons
Total Participation Percentage
Jan FebMarAprMayJunJulAugSepOct NovDecAVG
202486%92%86%92%92%100%92%92%92%91%92%92%92%
202399%100%92%100%99%100%92%92%86%92%92%92%95%
202296%96%98%98%97%99%99%99%99%99%99%99%98%
202195%95%96%98%98%98%99%98%97%98%97%97%97%
202095%95%97%97%99%97%98%97%98%98%98%97%97%
201995%95%98%97%98%98%97%95%95%97%97%97%97%
201895%95%97%97%98%98%97%95%95%97%97%96%96%
201796%96%96%97%97%98%98%98%96%97%97%96%97%
201695%95%95%97%97%97%97%97%98%97%96%98%97%
201592%92%95%95%96%96%96%96%95%97%96%97%95%
201496%96%93%95%96%96%95%96%96%96%93%94%95%
pg. 5
Council Packet Page Number 33 of 326
RECYCLING DATA (SINGLE FAMILY)
F4, Attachment 1
Below is a count of each service size used at single-family residences. Cart-size exchanges are tracked and
updated on drivers routes. In 2024, Tennis reached out to residents who either use a personal cart or do not
have a recycling cart to provide them with the option to have a cart delivered for their use.
2023 Single Family Home Cart Inventory
3+
1-65 &PERSONAL
35gal65gal95gal2-65gal2-95galNO CART
Carts
1-95CART
24410367272154148928
2024 Single Family Home Cart Inventory
3+ 1-65 &PERSONAL
35gal65gal95gal2-65gal2-95galNO CART
Carts1-95CART
23510312315154059320
pg. 6
Council Packet Page Number 34 of 326
F4, Attachment 1
RECYCLING DATA (MULTI-FAMILY)
The Data in APPENDIX A (Blue) is compiled from the net total weight of family homes after factoring out the
(Blue
multi-family weights. From this data, we can illustrate the weight per unit (in lbs.), per month. To assist us in
providing accurate data, we compile weights on a quarterly basis. This weight is used to provide us with a fair
average of weight generated by each multi-family unit. Our drivers also documented the number of carts
dumped at each location on a weekly basis (see APPENDIX D). These weights are then added at the end of each
month to provide us with a net total.
In analyzing the multi-family data, we can provide the following observations:
2024 average lbs. per unit, per month = 13.44 lbs
2014 = 12.95 lbs. per month 2015 = 13.04 lbs. per month
2016 = 13.08 lbs. per month 2017 = 11.03 lbs. per month
2018 = 12.95 lbs. per month 2019 = 9.92 lbs. per month
2020 = 10.39 lbs. per month 2021 = 10.14 lbs. per month
2022 = 9.76 lbs. per month 2023 = 11.02 lbs. per month
2024 annual net total tons collected for multi-family = 295.15 tons
2014 = 312.64 tons 2015 = 314.66 tons
2016 = 315.79 tons 2017 = 268.69 tons
2018 = 305.32 tons 2019 = 239.36 tons
2020 = 265.29 tons 2021 = 259.04 tons
2022 = 249.21 tons 2023 = 281.50 tons
How are the weights determined for the multi-family data? On a quarterly basis, we use one truck to collect all
multi-family dwellings. The total weight is divided by the number of carts emptied to get an average weight per
cart. This data is then entered into a multi-family spreadsheet. See APPENDIX D for an example of this report.
pg. 7
Council Packet Page Number 35 of 326
MULTI-FAMILY INDIVIDUAL SUMMARY LETTER
F4, Attachment 1
From the data compiled throughout the year, we can provide each multi-family property with an accurate
summary report of their recycling volumes (APPENDIX B). We also provide them with information on how their
recycling efforts impact the environment and how to enhance their efforts.
pg. 8
Council Packet Page Number 36 of 326
F4, Attachment 1
INQUIRIES SUMMARY
Below are twelve months of data documenting the number of residents that have called our office. This year,
the most common calls were regarding additional items they could recycle, and questions about our holiday
schedule.
We are confident that our customer service representatives have resolved all inquiries to the residents
satisfaction.
2024 Total Inquiries
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL
10 20 10 18 17 13 0 13 17 23 14 14 169
2014 - 1,552 2015 - 422 2016 - 662 2017 - 255 2018 - 165
2019 - 334 2020 - 370 2021 398 2022 - 212 2023 - 228
CARDBOARD SUMMARY (Single and Multi-Family)
Cardboard collected for 2024 from city facilities and buildings totaled 202,000 lbs.
2023 144,650 lbs 2022 104,440 lbs. 2021 85,830 lbs. 2020 74,490 lbs.
2019 89,120 lbs. 2018 102,356 lbs. 2017 88,337 lbs. 2016 104,498lbs.
2015 125,020 lbs. 2014 131,346 lbs.
BUSINESSES AND PARKS WEIGHTS:
2024 BUSINESSES: 49,327 lbs. CITY PARKS: 1,800 lbs.
2023 BUSINESSES: 45,421 lbs. CITY PARKS: 0 lbs.
2022 BUSINESSES: 44,777 lbs. CITY PARKS: 300 lbs.
2021 BUSINESSES: 42,773 lbs. CITY PARKS: 840 lbs.
2020 BUSINESSES: 41,161 lbs. CITY PARKS: 3,220 lbs.
2019 BUSINESSES: 49,386 lbs. CITY PARKS: 5,650 lbs.
2018 BUSINESSES: 71,529 lbs. CITY PARKS: 6,650 lbs.
2017 BUSINESSES: 62,460 lbs. CITY PARKS: 8,080 lbs.
2016 BUSINESSES: 60,771 lbs. CITY PARKS: 7,920 lbs.
2015 BUSINESSES: 45,885 lbs. CITY PARKS: 8,350 lbs.
2014 BUSINESSES: 30,157 lbs. CITY PARKS: 11,180 lbs.
LINENS SUMMARY
2024* - 16,680 lbs 2023* - 15,534 lbs 2022* - 16,800 lbs 2021* - 27,840 lbs
2020* - 29,880 lbs 2019 - 89,120 lbs 2018 - 102,356 lbs 2017 - 88,337 lbs
2016 - 104,498 lbs 2015 - 125,020 lbs 2014 - 131,346 lbs ΫĻƓƓźƭ ƷƚƷğƌ
pg. 9
Council Packet Page Number 37 of 326
RECYCLING COMPOSITE STUDY
F4, Attachment 1
Over the years of our contract, we have done extensive recycling composite studies. Originally, we conducted
our study by sorting loads collected from the city of Maplewood over a full week, and sorted them all at once.
As of 2018, we have looked at all of the past data that we have collected, and have tested a single load of
material from the city of Maplewood. The single load of material has consistent ratios comparable to the
studied. Once the material is unloaded from the trucks in our MRF
(Material Recovery Facility), it is sorted into each category, as listed below. Each of the categories are then
weighed and documented. The results of the composite study are entered into the provided monthly reports.
Why do a composite study?
Having a good understanding of the recycling composition provides us with data that may assist us in adjusting
the recycling program to fit the needs of the Residents. With ongoing changes in the economy, culture and in
the home, we can develop more available markets, increase processing technologies to handle more items and
enhance educational materials to instruct residents on proper recycling procedures.
pg. 10
Council Packet Page Number 38 of 326
ENVIRONMENTAL IMPACT ANALYSIS
F4, Attachment 1
Using the detailed recycling data from this report, we can provide the City of Maplewood with some unique
ways that the residents recycling efforts have made a difference. Over the years, recycling markets have been
able to recycle more items out of the waste stream. They have also been able to determine what resources are
saved by recycling various materials.
In this report, we were able to convert the types of recycling materials into resources saved.
pg. 11
Council Packet Page Number 39 of 326
2024 WORK PLAN REVIEW
F4, Attachment 1
Each year, the city of Maplewood provides Tennis with an annual work plan. This is used to assist the city and
Tennis in making improvements to the recycling program. Below is the 2024 work plan with details on how
Tennis has addressed each concern over the last year.
1.Walk Ups: The contract allows Maplewood residents with difficulty bringing the recycling cart to the curb
to set up Walk Up service. This service allows them to place the recycling cart outside their garage, and
Tennis Sanitation will walk up, roll the recycling cart to the curb, empty the recycling cart, and roll it back
to the garage. The City tracks this information. Tennis Sanitation should ensure they are notifying the City
of any Walk Up services scheduled by their customer service representatives.
-Tennis tracks walk-up services on our residential routes and communicates with the city when new
walk-up services are set up.
2.Events:
Wednesday, June 12, 2024.
-Tennis attended the 2024 Maplewood Touch-a-
3.Parks: Work with the City to make improvements to the solid waste collection in City parks. This initiative
could involve various strategies to promote responsible waste management and environmental
stewardship.
-Tennis logged weekly weights for each park, and provided documented weights to the city along with
the monthly report. Additionally, our driver began taking photographs of the containers at pick up in
November, 2024, which are available upon request.
4.Tour:
th
-Tennis hosted the city of Maplewood for a tour of our MRF on Wednesday, September 11, 2024.
5.2024 SCORE Agreement Work Plan: Assist the City in addressing items listed on the 2024 SCORE
Agreement.
-Tennis continued to assist and work with the city in addressing items listed on the 2024 SCORE
Agreement.
6.Small Business and Church Recycling: The contract allows small businesses and churches to opt into the
residential recycling program. Tennis Sanitation will assist the City in increasing the number of small
business and church recycling opt in accounts.
-Tennis continued working with the city by attending on-site meetings and coordinating new service
and service changes for businesses and churches.
7.Multi-Family Recycling: The contract allows multi-family properties with 21 units or more to convert to
the collection of recycling in recycling dumpsters, instead of recycling carts. Tennis Sanitation will assist the
City in notifying multi-family properties of this opportunity, and working with BizRecycling to make
-Tennis continued working with the city by attending on-site meetings with the city and BizRecycling
and coordinating new service and service changes for multi-family properties.
8.Possible Contract Extension: The residential recycling contract with Tennis Sanitation ends June 30, 2025.
Tennis Sanitation will begin discussions with the City of Maplewood on a possible contract extension.
-Tennis met with the city of Maplewood to negotiate the terms of the extension. The extension was
th
signed and submitted on October 10, 2024.
pg. 12
Council Packet Page Number 40 of 326
MARKET REPORT
F4, Attachment 1
2024 was a rather good year for recycling. Demand was up and pricing remained steady through late
summer, until it began to decline in September. This is normal in the recycling market as demand
decreases once holiday orders are fulfilled. We continue to work with many long time partners, and
have also built relationships with new ones in the last year. Tennis maintains the ability to keep the
majority of our materials within the Midwest mostly in Minnesota.
2025 MARKET OUTLOOK
The recycling market is always a rollercoaster. With growing environmental concerns and company
commitments to using recycled materials, we expect that the market will remain steady and hopefully
demands will increase in 2025. Tennis continues to make updates to our facility as we strive to
capture all recyclable materials in our sorting process and support growing demand from our
partners.
pg. 13
Council Packet Page Number 41 of 326
RESIDUALS
F4, Attachment 1
Residuals consisted of items such as Styrofoam, foam, shoes, diapers, and general garbage.
2024: Residuals are up to 80.08 tons from last year
2023: Residuals are down to 76.59 tons from last year
2022: Residuals are down to 108.17 tons from last year
2021: Residuals are down to 114.83 tons from last year
2020: Residuals are up to 131.71 tons from last year
2019: Residuals are down to 60.49 tons from last year
2018: Residuals are up to 62.54 tons from last year
2017: Residuals are up to 61.69 tons from last year
2016: Residuals are up to 38.59 tons from last year
2015: Residuals are down to 29.38 tons from last year
2014: Residuals are 29.36 tons
TRUCK WEIGHTS
During the 2024 Calendar year, our vehicles did not exceed the maximum loaded weight of 40,000 pounds
when hauling the recyclables collected from the residents of Maplewood. Weight tickets are available upon
request.
RECYCLING SERVICE FEE
The recycling service fee for 2024 was $5.00 per unit, per month, and the fee for 2025 is $5.25 per unit, per
month, which is based upon the contracted price.
STORAGE OF EXTRA RECYCLABLE MATERIALS
During the 2024 calendar year, our recycling facility had sorted all
recyclable materials within 45 days of processing to recycling markets;
with the exception of milk cartons
are baled and stored until there is enough volume to meet the vendor's
minimum shipping requirements, and "rare type" plastics are stored
until a large enough quantity is available to make a mill-sized bale.
pg. 14
Council Packet Page Number 42 of 326
SUMMARY OF YEAR-END RECYCLING REPORT
F4, Attachment 1
The 2024 Maplewood year-end recycling report provides up-to-date information from the C
recycling activities over the past year. Each section of this report reflects the various ways data was
collected, entered and calculated to contribute to meeting our combined goals.
In the report, we have illustrated the composition of recyclables and itemized volumes of recyclables
from both single family and multi-family dwellings as they relate to each break-out of each separate
commodity. We also provide information on how the City's recycling efforts will impact our
environment.
2%. Both single-family tonnages and multi-family
recycling volumes have remained steady and consistent with other municipalities.
In 2025, we will maintain the comprehensive recycling program we offer with the additional types of
plastics, metals and linens.
With the support of the city of Maplewood, we will maintain these high standards of recycling for
single-family and multi-family dwellings.
pg. 15
Council Packet Page Number 43 of 326
APPENDIX A - 2024 RECYCLING DATA SUMMARY - ALL
F4, Attachment 1
pg. 16
Council Packet Page Number 44 of 326
APPENDIX B YEARLY RECYCLING REPORT MULTI-FAMILY
F4, Attachment 1
pg. 17
Council Packet Page Number 45 of 326
APPENDIX C CITY PARK WEIGHTS
F4, Attachment 1
MONTHLY
HarvestWakefieldGoodrichHazelwoodTOTAL
January 0 0 0 0 0
February 200 0 0 0 200
March 50 0 0 0 50
April 0 0 50 0 50
May 200 100 200 0 500
June 0 200 0 0 200
July 0 0 0 0 0
August 0 100 0 0 100
September 0 0 0 0 0
October 0 100 0 0 100
November 200 50 100 100 450
December 100 50 0 0 150
YEAR TOTAL
BY PARK 750 600 350 100 1800
pg. 18
Council Packet Page Number 46 of 326
APPENDIX D - MONTHLY RECYCLING REPORT LETTER
F4, Attachment 1
pg. 19
Council Packet Page Number 47 of 326
APPENDIX E - MONTHLY MULTI-FAMILY REPORT
F4, Attachment 1
pg. 20
Council Packet Page Number 48 of 326
APPENDIX F - MONTHLY SINGLE FAMILY REPORT DATA
F4, Attachment 1
pg. 21
Council Packet Page Number 49 of 326
APPENDIX G EDUCATIONAL TAGS
F4, Attachment 1
2436 Lydia Wednesday Cart N/O 1/4/2024
Maplwood Manor Apts Monday Icy Going Back Tues 1/8/2024
Maplewood Apts Monday 3 Recy 17 Trash Carts 1/8/2024
1579 K Wednesday Plywood 1/10/2024
810 Eldridge Thursday 1/2 Way Up Driveway 1/11/2024
1730 Monastery Century Trl Monday N/O 7AM 1/15/2024
1902 Co Rd C Mplwd Public Monday Gate Locked 1/15/2024
1930 Co Rd B E Monday Left Trash Bags 1/15/2024
1890 Sherren Homestaed Mplwd Monday Blocked 1/15/2024
1424 Eldridge Ave Monday Full Of Clothes 1/15/2024
329 Parkview Ln Friday Trash 1/19/2024
1890 Sherren Homestaed Mplwd Monday Blocked 1/22/2024
2730,2732,2734 Hawthrone Tuesday Need To Be @ Curb 1/23/2024
1360 Currie St Tuesday Left Black Trash Bags 1/23/2024
1846 Radatz Wednesday Oil & Paint In Cart 1/24/2024
Hertiage TH 1667 #3 Wednesday Trash 2/7/2024
3044 Edward Wednesday Styrofoam 2/7/2024
1190 Beam Wednesday Bagged Trash 2/7/2024
1681 Co Rd C E Wednesday No Space 2/7/2024
1760 Adolphus Western Hills Thursday 1 Cart Trash/Wood 2/8/2024
656 Sterling Friday Cardboard Everywhere 2/9/2024
Mplwd Garden Apts Friday All Carts Trash 2/9/2024
1789 BB (TH) Monday Cart Placement Not @ Street 2/12/2024
1200 Beam Wednesday Trash & Wood 2/14/2024
Hertiage 1578 3 & 4 Wednesday Touching Garage 2/14/2024
Hertiage 3031 2 Wednesday Styrofoam 2/14/2024
1760 Adolphus Western Hills Thursday 2 Carts Trash 2/15/2024
2541 Beth Friday Frozen 2/16/2024
2505 Mailand Rd Friday Cardboard Everywhere 2/16/2024
Mplwd Garden Apts Friday Same Carts Trash 2/16/2024
1666 Lark Monday Not At Curb 2/19/2024
1902 Co Rd B Public Works Monday Closed 2/19/2024
1861 Co Rd B Monday Trash 2/19/2024
Cobblestone Apts Tuesday Blocked By Furniture 2/20/2024
Western Hills Thursday 1 Trash 2/22/2024
2111 Prosperity Monday Cart In Ditch 2/26/2024
1774,1776,1778,1780 Mcknight Monday On Stoop 2/26/2024
1890 Sherren Homestead Mplwd Monday Blocked 2/26/2024
1687 Rosewood Monday Left Suitcase 2/26/2024
Cobblestone Apts Tuesday Blocked By Furniture 2/27/2024
2508 Keller Pkwy Wednesday Empty 2/28/2024
2411 Maplewood Dr Wednesday Empty 2/28/2024
720 McKnight Friday Trash 3/1/2024
Maple Woods TH #1774 Monday On Stoop 3/4/2024
pg. 22
Council Packet Page Number 50 of 326
F4, Attachment 1
Heritage Square 1679 4 Wednesday Trash 3/6/2024
1959 Greenbrier Thursday 1/2 Way Up Driveway 3/7/2024
1461 Burke Monday Cart Tipped Broken Glass 3/11/2024
Heritage Square 1679 4 Wednesday Trash 3/13/2024
2962 Duluth Wednesday Tile & Wood 3/13/2024
787 Bellwood Thursday Wood From Chair 3/14/2024
1895 Myrtle Monday Trash N/P 3/18/2024
1866 Furness Monday Sperate Carts 3/18/2024
1975 Stanich Monday Trash N/P 3/18/2024
1845 Barclay Monday Reycle Out Without Carts 3/18/2024
Heritage Square 1675 4 Wednesday Trash 3/20/2024
2352 Standridge Wednesday Cart Tipped Trash All Over 3/20/2024
Mplwd Gardens Friday Matt ,Box Spr & Couch Blocking 3/22/2024
And Other Carts Trash
2993 Edward Wednesday Styrofoam 3/27/2024
3113 Walter Wednesday Styrofoam 3/27/2024
2216 Maple Wednesday Styrofoam 3/27/2024
2451 Ariel Mplwd TH Wednesday Not Sholved 3/27/2024
Gold Star Apts Thursday Blocked By Furniture 3/28/2024
177 Larpentuer Thursday Close To Mailbox 3/28/2024
1760 Adolphus Western Apts Thursday Plowed In 3/28/2024
2347 Hillwood Friday Wood Scraps (Cabinets) 3/29/2024
Mplwd Gardens Friday Matt ,Box Spr & Couch Blocking 3/29/2024
1762 Howard Monday Need To Separate 4/1/2024
1973 Cope Monday Need To Separate 4/1/2024
1925 Co Rd B Monday Break Tube Down 4/1/2024
1715 Rosewood Monday Left Plastic Bags 4/1/2024
1695 Rosewood Monday Trash 4/1/2024
1263 Junction Monday 1/2 Way Up Driveway 4/1/2024
1819 or 1841 Kennard Monday Left Styrofoam 4/1/2024
2631 ? Teds's Rt Tuesday Branches In Cart 4/2/2024
752 Co Rd B Thursday 1/2 Way Up Driveway 4/4/2024
395 Kingston Thursday Next To Car 4/4/2024
Adoluphus Western Apts Thursday 1 Cart Trash 4/4/2024
1852 Jackson Thursday Recycle Next To Empty Cart 4/4/2024
1970 Adolphus Thursday Touching Vehicle 4/4/2024
1445 Sherren Monday Recycle On Ground Not Bagged 4/8/2024
1774 McKnight Maple Woods Th Monday On Stoop 4/8/2024
Trails Edge TH 1730 Monday Trash 4/8/2024
Cobblestone Apts Tuesday Blocked By Furniture/Styro 4/9/2024
756 McKnight Tuesday Wood 4/9/2024
1241 Chateau Wednesday Tagged Times For Cart Placement 4/10/2024
3035 Bellaire Wednesday Bottom 1/2 Stuck In Cart 4/10/2024
2117 Beam Wednesday Carpet & Wood 4/10/2024
395 Kingston Thursday Between Car & Can No Space tagged 4/11/2024
1811 Howard Monday Trash 4/15/2024
pg. 23
Council Packet Page Number 51 of 326
F4, Attachment 1
1579 Co Rd D TH Wednesday Trash 4/17/2024
2533 Beth Ct Friday Box Styrofoam 4/19/2024
1490 Sterling Friday Trash 4/19/2024
917 New Century Friday Behind Car Moved Last 2 Weeks 4/19/2024
1982 Castle Pl Monday Trash 4/22/2024
Needs To Separate Styro From
1504 Laurie Monday Cardboard 4/22/2024
1226 Shryer Monday Cart Had Big Burnt Hole Threw It 4/22/2024
1662 #3 Heritage Squ TH Wednesday Floor Mat & Hover (battery) 4/24/2024
Wyngate Apts Wednesday Huge Box Needs Broken Down 4/24/2024
3029 Bartelmy Wednesday Sticks 4/24/2024
2085 Lydia Wednesday Busted Living Room Chair 4/24/2024
Tarry Town Village Thursday Cart Non Recycle Items 4/25/2024
Left Treadmill Box Full Of Styrofoam
TH McMenemy Thursday Left Linen Bags Cab Full 4/25/2024
699 Ferndale Friday Left Open Bag Linen 4/26/2024
602 Sterling Friday Styro In Boxes 4/26/2024
2577 Mailand Friday Wood In Cart 4/26/2024
1740 McKnight Monday Cart Touching Garage 4/29/2024
1973 Cope Monday Cart Placement 4/29/2024
2322,2324,2328 TH Tuesday 1 Not @ Curb 4/30/2024
Forgot To Bring All Carts Out Per
Seasons @Mplwd Wednesday Marcus 5/1/2024
2508 Keller Pkwy Wednesday Styro 5/1/2024
1555 Grandview Wednesday Compost 5/1/2024
1799 Ederton Thursday Carpet 5/2/2024
345 Sophia TH Thursday Left Linen Can't Fit Anymore 5/2/2024
443 Crestview Friday Cardboard Boxes Break Down 5/3/2024
1702 Howard Monday Trash 5/6/2024
2271 Gall Wednesday Cart 1/2 Way Up Driveway 5/8/2024
2980 Carey Heights Wednesday Wood Table 5/8/2024
2508 Keller Pkwy Wednesday Styro 5/8/2024
1959 Greenbrier Thursday 2X4's In Cart 5/9/2024
615 Roselawn Thursday 2x6 Wood Plank In Cart 5/9/2024
1799 Edgerton Thursday Carpet 5/9/2024
378 & 382 Summer Thursday Styro 5/9/2024
377 Kingston Thursday Trash 5/9/2024
Crest View Forest Clubhouse Friday Left Cart Out Using It For Dog Waste 5/10/2024
1347 Cope AMG Monday Semi Truck Blocking Entrance 5/13/2024
1362 Cope Monday Styro In Cardboard Box 5/13/2024
1522 Sherren Monday Dirt & Yard Waste 5/13/2024
2570 Holloway Monday Need To Separate Carts 5/13/2024
1774 McKnight Maple Wood TH Monday On Stoop 5/13/2024
1998 Castle Monday Need To Bundle Cardboard 5/13/2024
1426 Frost Monday Styro 5/13/2024
Road Construction Can't Drive Or
1763 Larpenteur Monday Walk 5/13/2024
pg. 24
Council Packet Page Number 52 of 326
F4, Attachment 1
Road Construction Can't Drive Or
1759 Larpenteur Monday Walk 5/13/2024
Road Construction Can't Drive Or
1751 Larpenteur Monday Walk 5/13/2024
Road Construction Can't Drive Or
1741 Larpenteur Monday Walk 5/13/2024
2508 Keller Pkwy Wednesday Styro 5/15/2024
3027 Lake Wednesday Carpet 5/15/2024
1442 Lark Monday Styro 5/20/2024
1460 Belmont Monday Styro 5/20/2024
1240 Co Rd D Hertiage Wednesday Trash 5/22/2024
2508 Keller Pkwy Wednesday Styro 5/22/2024
Trailer Park Town & County Wednesday 2 Bags Trash & Styro 5/22/2024
2370 Gall Wednesday Construction Material 5/22/2024
TH 2000 White Bear Ave Wednesday Box Of Food 5/22/2024
1799 Edgerton Thursday Carpet Padding 5/23/2024
1852 Jackson Thursday Keeps Putting Cardboard Outside 5/23/2024
Leaves No Space Placed Right Next
2465 Carver Friday Week Leaving 5/24/2024
1722 Stanich Monday Trash & Mattress Topper 5/28/2024
1990 Ripley Monday Styro 5/28/2024
1970 Price Monday Please Bundle Pipes 5/28/2024
2007 Hazelwood Monday Wood Frame & Trash 5/28/2024
2636 Rolling Hills Trailer Park Tuesday Misc Trash 5/28/2024
2508 Keller Pkwy Wednesday Styro 5/30/2024
Trailer Park Town & County Wednesday Trash All Over Floor 5/30/2024
2541 Bittersweet Wednesday To Close To Car 5/30/2024
1791 Arcade Thursday Boxes Styro 5/31/2024
1799 Edgerton Thursday Carpet Padding 5/31/2024
2144 Bradley Thursday Styro 5/31/2024
481 ? Friday Cart 1/2 Way Up Driveway 6/1/2024
2359 Teakwood Friday Broken Glasss 6/1/2024
1774 McKnight Monday On Stoop 6/3/2024
1768 Flandrau Monday Trash & Styro 6/3/2024
1895 White Bear Monday Trash & Mattress Topper 6/3/2024
2508 Keller Pkwy Wednesday Styro 6/5/2024
1799 Edgerton Thursday 3 weeks Still Carpet Padding 6/6/2024
639 Dorland Friday Left Linen Not Sealed Or Tied 6/7/2024
1954 Hazelwood Monday 1/2 Way Up Driveway 6/10/2024
1822 Sterling Monday Kids Bike 6/10/2024
1568 Lakewood Tuesday Yard Waste 6/11/2024
2636 Rebecca Trailer Park Tuesday Yard Waste 6/11/2024
2508 Keller Pkwy Wednesday Styro 6/12/2024
Alvardo Wednesday Trash On Ground 6/12/2024
2515 Maplewood Hmong Church Wednesday 1 Styro 6/12/2024
3040 Dorland Wednesday Left Linen Not Sealed Or Tied 6/12/2024
2934 Bartelmy Wednesday Box With Styro 6/12/2024
567 Deer Ridge Friday Left Linen Not Sealed Or Tied 6/14/2024
pg. 25
Council Packet Page Number 53 of 326
F4, Attachment 1
486 Lakewood Friday Wood Chair 6/14/2024
358 Parkview Friday Scrap Wood 6/14/2024
2465 Carver Friday No Space Tagged 6/14/2024
1980 Hazelwood Monday Wood Scraps 6/17/2024
1909 Larpenteur Monday Trash 6/17/2024
1568 Lakewood Tuesday Yard Waste 6/18/2024
2508 Keller Pkwy Wednesday Styro 6/19/2024
1760 Beam US Bank Wednesday Recycle Not In Cart On Ground 6/19/2024
810 Elridge Thursday 1 Bag Trash 6/20/2024
1700 Parkway Thursday 1/2 Way Up Driveway 6/20/2024
1113 Beaver Creek Tuesday Up @ Garage 6/25/2024
1552 Legacy Pkwy Wednesday Trash 6/26/2024
2293 Snowshoe Friday Trash In Box 6/28/2024
1665 Laurie Monday Padding 7/1/2024
1746 Co Rd B Monday Styro 7/1/2024
1753 Myrtle Monday Trash 7/1/2024
1909 Larpenteur Monday Trash 7/1/2024
1899 Larpenteur Monday Trash 7/1/2024
1970 Maryknoll Monday Trash 7/1/2024
2300 Montana Tuesday Left Linen Overflowing & Not Tied 7/2/2024
Not Tied
1791 Arcade Thursday Box Stryo 7/4/2024
37 Larpenteur Thursday Behind Car Tagged 7/4/2024
552 Deer Ridge Friday Recy Out No Cart 7/5/2024
2293 Snowshoe Friday Styro 7/5/2024
2002 English Monday Styro 7/8/2024
1187 Junction Monday Styro 7/8/2024
1970 Ripley Monday Trash 7/8/2024
1965 Cope Monday Trash 7/8/2024
2226 Craig Monday Trash In Boxes 7/8/2024
1947 Flandrau Monday Trash 7/8/2024
1730 Monastery Monday Gold PT Crusiser In Way 7/8/2024
1182 Highridge Wednesday Styro 7/10/2024
1260 Hilltop Wednesday Trash 7/10/2024
2083 Arcade Thursday Counter Top & Partical Board 7/11/2024
702 A Maple Hills TH Thursday Clothes & Luggage 7/11/2024
1760 Adolphus Western Hills Thursday 2 Carts Mixed Trash 7/11/2024
1741 Laurie Monday Lose Mailbox Fell Off Next To cart 7/15/2024
To Cart
1487 Sandhurst Monday Cart Burnt 7/15/2024
1766 Lakewood Monday 1/2 Full cart Extra On Side7/15/2024
1249 Farrell Tuesday Cushions Or Pillows 7/16/2024
2321 Montana Tuesday Large Rug 7/16/2024
2148 Mapleview Wednesday Styro 7/17/2024
2720 Maplewood Dr John Kliethermers Wednesday Blocked Const. 7/17/2024
2117 Bradley Thursday Box Stryo 7/18/2024
pg. 26
Council Packet Page Number 54 of 326
F4, Attachment 1
415 Eldridge Thursday Rug 7/18/2024
Gold Star Apts Thursday Mixed Trash 7/18/2024
Adolphus Western Hills Apts Thursday Mixed Trash 7/18/2024
1806 Myrtle Monday Trash & Wood 7/22/2024
1915 Price Monday Trash 7/22/2024
1126 Sterling TH Tuesday Trash Mixed 7/23/2024
2701 Geranium Ave E Tuesday Dirt in Recycle 8/27/2024
2673 Hazelwood St Wednesday Styrofoam 8/28/2024
398 Belmont Ln E Thursday Wood table top 8/29/2024
2057 Woodlynn Ave Wednesday Styrofoam 9/4/2024
1263 Edgehill Ct Wednesday Left Wood, Shelfs/bedding 9/18/2024
1260 Hilltop Ct Wednesday Left Trash/Wood 9/18/2024
1487 Sandhurst Monday Trash 9/23/2024
1285 Junction Monday 4 Linen Bags Truck Full 9/23/2024
1831 Myrtle Monday Trash,Wood & Styro 9/23/2024
2441 Gall Wednesday Scrap Wood 9/25/2024
1646 Demont Wednesday Compost 9/25/2024
1678 legacy Heritage TH Wednesday Styro 10/2/2024
3067 Edward Wednesday Florescent Bulbs & Styro 10/2/2024
2225 Arkwright Thursday Pulled Carpet Out 10/3/2024
425 Crestview Friday Broken Wood Left It 10/4/2024
1625 Frost Monday Trash 10/7/2024
1781 Barclay Monday Styro 10/7/2024
2494 Maryland Tuesday Cart Knocked Over 10/8/2024
3067 Edward Wednesday Styro 10/9/2024
2578 Cypress Wednesday Styro 10/9/2024
2971 McKnight Wednesday Brush 10/9/2024
2163 Mapleview Wednesday Personal Can Fell In Hopper 10/9/2024
2730 Hazelwood Markham Apts Wednesday Opener Not Working 10/9/2024
340 Parkview Friday Styro 10/11/2024
1438 Burke Monday Styro 10/14/2024
1700 Stanich Monday Trash & Food 10/14/2024
Hmong Church Wednesday 1 styro 10/16/2024
2116 Greenbrier Thursday Styro 10/17/2024
Crestview Forest Clubhouse Friday Left Dog Poop Bags 10/18/2024
563 Deer Ridge Ln Friday Needs To Use Cart Not Ground 10/18/2024
1487 Sandhurst Monday Clothes & Trash 10/21/2024
1702 Howard Monday 3/4 Full Leaves 10/21/2024
760 Meyer Tuesday Styro 10/22/2024
1565 County Rd B E Monday No Carts Out or Bags 10/28/2024
2701 Geranium Tuesday Concrete Bricks To Heavy 10/29/2024
Maple Ridge Apts Wednesday 1 styro 10/30/2024
1241 Chateau Hertiage Sq Wednesday Leaves Cart Againist Gutters Siding 10/30/2024
Damaged By Trash Driver Not Marcus
1830 Desoto Thursday Cart 1/2 Way Up Driveway 10/31/2024
367 Belmont Thursday Full Of Leaves 10/31/2024
pg. 27
Council Packet Page Number 55 of 326
F4, Attachment 1
359 Belmont Thursday Full Of Leaves 10/31/2024
Court B 529 Friday Not Out @8:10AM 11/1/2024
1964 Ripley Monday Styro 11/4/2024
1765 Kennard Monday 1/2 Way Up Driveway 11/4/2024
Heritage 1683 #1 Wednesday Trash 11/6/2024
Town & County Wednesday Trash Every Where 11/6/2024
1261 Edgehill Ct Wednesday Giant Box To Wide Cut Up 11/6/2024
1745 Laurie Monday Styro Mixed In Cardboard 11/11/2024
1718 McKnight Monday Trash 11/11/2024
1886 McKnight Monday Trash 11/11/2024
Community Center Monday Closed 11/11/2024
1765 Kennard Monday Not At Curb 11/11/2024
2839 White Bear Ave Wednesday Carts Locked No Code 11/13/2024
1962 Cope Monday Trash 11/18/2024
1947 White Bear Ave Monday Trash 11/18/2024
3067 Edward St Wednesday Trash 11/20/2024
1243 Heritage Square Wednesday Trash 11/20/2024
2857 Meadowlark Wednesday Styro 11/20/2024
1018 Sextant Wednesday Vacuum 11/20/2024
3010 Legacy Wednesday Close To Park Car 11/20/2024
2669 Hazelwood Wednesday Compost In Cart 11/20/2024
826 Sterling Friday Trash 11/22/2024
338 Parkview Friday Box Has Styro 11/22/2024
2412 King Friday Compost In Cart 11/22/2024
3067 Edward St Wednesday Trash 11/27/2024
2120 Beam Wednesday Not Out 11/27/2024
2730 Hazelwood Markham Wednesday Key Fob Didn't Work 11/27/2024
359 Belmont Thursday Stryo 11/29/2024
1895 Beaumont Thursday Stryo 11/29/2024
216 Brookview Friday Styro 11/30/2024
539 Deer Ridge Ln TH Friday Large Mess On Ground 11/30/2024
1730 Monastery Century Trail Monday 7:15AM N/O 12/2/2024
1418 Pintree Dr Tuesday Full Of 2x4's 12/3/2024
3067 Edward Wednesday Leaves & Carpet 12/4/2024
1243 Terrace Heritage Wednesday Trash 12/4/2024
1950 Kenwood Thursday 1/2 Way Up Driveway 12/5/2024
1271 County Rd B Monday Styro 12/9/2024
1881 Century East Metro Monday 1 Cart Trash 12/9/2024
1890 Sherren Monday Blocked 12/9/2024
1730 Monastery Century Trail Monday 7:15AM N/O 12/9/2024
1358 Pearson Dr Tuesday Styro 12/10/2024
Cobblestone Court Apts Friday Left 1 Wood 12/13/2024
815 Century Ave Friday TV & Microwave 12/13/2024
1925 County Rd B Monday Trash 12/16/2024
1730 Monastery Century Trail Monday 3 weeks N/O 12/16/2024
1243 Terrace Heritage Wednesday Trash 12/18/2024
pg. 28
Council Packet Page Number 56 of 326
F4, Attachment 1
1041 Gervais Wednesday Mattress Foam & Wood 12/18/2024
2238 County Rd D Wednesday 1/2 Way Up Driveway 12/18/2024
1758 Sylvan Thursday Truck In Way 12/19/2024
1994 Payne Ave Thursday Mail Box Down Not Ted 12/19/2024
1789 Sunrise Ct Thursday Electronic Water Dispenser 12/19/2024
2363 Oakridge Friday Styrofoam 12/20/2024
1894 Howard Monday Trash 12/23/2024
Maple Ridge Apts Wednesday 1 Trash 12/25/2024
1243 Terrace Heritage Wednesday Lot Of Times Trash 12/25/2024
Halloween Express Wednesday Carts Locked Up 12/25/2024
1789 Sunrise Ct Thursday Electronic Water Dispenser 12/26/2024
1469 Burke Monday Scrap Wood Clothes Not Linen 12/30/2024
Maplewood Manor 2266 Duluth Monday Box With Stryofoam 12/30/2024
2322 Hoyt Tuesday Box With Stryofoam 12/31/2024
1463 Mary Tuesday Styrofoam 12/31/2024
APPENDIX H COMPLIMENTS AND COMPLAINTS
City of Maplewood
Compliments 2024
Caller
Date Address City Notes
Name
Said he recently met Willie out at
an event in Maplewood and
thought he was really great so he
4724 Olson
Pierre Stassart
10/25/24 Maplewood
wanted to call in and compliment
Lake Trl
his drivers as well - he said they
are great
pg. 29
Council Packet Page Number 57 of 326
F4, Attachment 2
2025 Recycling Collection Work Plan
Tennis Sanitation submits an annual work plan outliningkey priorities for residential recycling system
improvements, including improvements outlined in the City’s Ramsey County SCORE Agreement
Recycling Work Plan. The work planis incorporated into the recycling contract by reference once it is
approved by the CityCouncil.
1. Events:
a.State of the City: Tennis Sanitation will have representatives at the March 19, 2025,
State of the City event held at the Maplewood Community Center/YMCA. The event is
an opportunity to network with City leaders and community members.
b.Touch a Truck: Tennis Sanitation will attend the City’s annual Touch a Truck event. The
exact date of the event to be announced soon, but will be held in the summer or fall of
2025.
2. Park Solid Waste Improvement Pilot Project: As part of the City’s 2025 SCORE Agreement
Recycling Work Plan, Wakefield Park will serve as a pilot park for recycling and solid waste
improvements. Tennis Sanitation will work with the City and the City’s residential trash
contractor Republic Services to make solid waste improvements in Wakefield Park.
Improvements could include right-sizing recycling dumpstersand educational signage and
outreach.
3. Education Tags: Tennis Sanitation will work with the City to update the education tags which
are left on carts to ensure proper handling of recyclables. Updates to include options for
translation of the education tags via QR codes and more pictures or graphics to enhance
education.
4.Multi-Family Property Recycling Improvements:
a.Multi-Family Properties Without Recycling:Tennis Sanitation will continue to work
with the City and Ramsey County to ensure recycling collection at all multi-family
properties. This includes the three multi-family properties identified in 2024 that do not
supply recyclingto their residents.
b.Multi-Family Yearly Recycling Letter: Tennis Sanitation will work with the City and
Ramsey County on improvements to the multi-family yearly recycling letter.
c.Multi-Family Recycling Dumpsters and BizRecycling:The contract allows multi-family
properties with 21 units or more to convert to the collection of recycling in recycling
dumpsters, instead of recycling carts. Tennis Sanitation will assist the City in notifying
Council Packet Page Number 58 of 326
F4, Attachment 2
multi-family properties of this opportunity, and working with BizRecycling to make
improvements to a properties’ recycling program.
5. Recycling Participation and Residuals: Work with the City on strategies to increase
participation and decrease residuals.
6. 2025 SCORE Agreement Work Plan: Assist the City in addressing items listed on the 2025
SCORE Agreement Work Plan (Exhibit 1).
Exhibits:
1. 2025 SCORE Agreement Work Plan
3
Council Packet Page Number 59 of 326
F4, Attachment 2
Maplewood 2025 SCORE Grant Recycling Performance Work Plan
Minimum Requirements
1.Complete all 2025 SCORE requirements, including reporting on time and submitting a mid-year
status report.
2.Provide outreach to all residents about the municipality’s recycling program and submit copies
of materials to Ramsey County.
3.Use Ramsey County materials and information when and where appropriate to promote
increased recycling, reuse and repair (e.g., Fix-it Clinics), medicine collection, household
hazardous waste, organic waste and yard waste participation.
a.Send materials to Ramsey County for review prior to distribution.
b.Include county contact information on materials:
i.24/7 Recycling & Disposal Hotline: 651-633-EASY (3279)
ii.RamseyRecycles.com
c.Provide links to the Ramsey County web pages on municipality website.
4.Regularly update recycling content on the municipality’s website.
5.Promote BizRecycling resources to businesses and multi-unit recycling.
6.Use hauler data to identify those not recycling and target educational materials
7.Ensure all multi-unit properties are meeting State law requirements to recycle and are receiving
free Ramsey County resources.
8.Increase opportunities for recycling in public spaces.
a.All recycling bins must be paired with a trash bin and in good condition.
b.Labels must be readable.
c.Promote Ramsey County’s event container lending program and green event planning
tips.
9.Enforce recycling contracts, including the assessment of penalties for non-compliance.
a.Audit reporting by obtaining hauler weight tickets.
b.Have labels replaced if not readable.
Council Packet Page Number 60 of 326
F4, Attachment 2
10.Work with Ramsey County to educate and move toward Food Scraps Pick Up Program for all
residents.
11.Attend County Recycling Coordinator meetings and attend a yearly composition study.
12.Complete one incentive each year to improve recycling, reuse, repair, reduce and rot.
Incentive Options
1.Continue to make improvements in the City's park recycling program.
2.Make improvements to the City’s multi-family recycling program, including the promotion of
BizRecycling for multi-family properties.
2
Council Packet Page Number 61 of 326
F4, Attachment 3
City of Maplewood
Trash and Yard Waste
Collection
Year End Report
2024
Council Packet Page Number 62 of 326
F4, Attachment 3
Dear City of Maplewood,
We are excited to provide the 2024 City of Maplewood and
Republic Services Year End Report. In this annual report you will
find the required and necessary reports for the City of
MaplewoodÓs trash and yard waste collection. Including the year
end tonnages and the 2024 Work Plan Priorities with detailed
progress made on each initiative. We value the partnership with
the City of Maplewood and look forward to continuing to provide
service reliability, simple solutions, and environmental
responsibility going into 2025.
Warm wishes,
Bev Mathiasen
Frances Estrella
Council Packet Page Number 63 of 326
F4, Attachment 3
Environmental services for a
more sustainable world.
Learn more about our leadership in environmental solutions
https://www.republicservices.com/organizational-sustainabi
Council Packet Page Number 64 of 326
F4, Attachment 3
2024 Republic Services Highlights
¤Republic Services was named to the Dow Jones Sustainability Index for Ninth Consecutive Year and ranked 19 on
.ğƩƩƚƓƭ ЋЉЋЍ ЊЉЉ ƒƚƭƷ ƭǒƭƷğźƓğĬƌĻ ĭƚƒƦğƓźĻƭ ƌźƭƷͲ Ǟŷźĭŷ ƩğƷĻƭ ĭƚƒƦğƓźĻƭ ğĭƩƚƭƭ ЋЌЉ ĻƓǝźƩƚƓƒĻƓƷğƌͲ ƭƚĭźğƌ ğƓķ
governance performance metrics, from workplace diversity to greenhouse gas emissions.
¤\[ğƭƷ WǒƌǤ wĻƦǒĬƌźĭ {ĻƩǝźĭĻƭ Ǟğƭ ŷƚƓƚƩĻķ ǞźƷŷ ƷŷĻ bğƷźƚƓğƌ ğƭƷĻ ε wĻĭǤĭƌźƓŭ !ƭƭƚĭźğƷźƚƓƭ ЋЉЋЌ {ǒƭƷğźƓğĬźƌźƷǤ DğƒĻ
/ŷğƓŭĻƩ !ǞğƩķ ŅƚƩ źƷƭ tƚƌǤƒĻƩ /ĻƓƷĻƩͲ ĭĻƌĻĬƩğƷźƓŭ ƷŷĻ ŅğĭźƌźƷǤƭ źƓƓƚǝğƷźƚƓ ğƦƦƩƚğĭŷ Ʒƚ ƦƌğƭƷźĭƭ ĭźƩĭǒƌğƩźƷǤ͵ ŷĻ tƚƌǤƒĻƩ
Center in Las Vegas is the first in a national network under development to enable greater circularity for rigid plastics
and support sustainable packaging, helping customers achieve their sustainability goals. The Indianapolis Polymer
/ĻƓƷĻƩ źƭ ĻǣƦĻĭƷĻķ Ʒƚ ĬĻ ƚƦĻƩğƷźƚƓğƌ źƓ vЊ ğƓķ ƌğƷĻƩ Ʒŷźƭ ǤĻğƩ ǞĻƌƌ ĬĻŭźƓ Ʒƚ ƭŷźƦ ƚǒƩ t9 ƷŷĻƩĻͧ
¤In September, Louisville, Colorado became the first municipality in America, and Republic Services first municipal
contracted city, to fully convert their collection fleet to Electric.
¤Republic entered our fourth year with electric trucks on routes expanding research trucks to 24 markets. It is expected
that our Eden Prairie Division will be added to our research markets later in 2025 and we will keep you updated on our
progress, challenges, and successes! Republic expects EVs to represent half of its new truck purchases by 2028.
CONFIDENTIAL
4
Council Packet Page Number 65 of 326
F4, Attachment 3
Customer Service Improvement
¤2024 Average Speed to Answer: 1:52
¤2024 Average Handle Time: 4:53
¤Peak months have not changed. April and May marks the
beginning of Yard waste season. December and January is
driven by season holds requests, scheduling of holiday tree
pick ups, annual price increases, and holiday schedule
confirmations.
¤New improvements for 2025:
¤AI ÎNew Technology, See Next slide
¤WeÓre excited to introduce a new form of customer
service that allows Maplewood residents the ability to
reach out to our dedicated, local staff, at
maplewood@republicservices.com. This initiative
aims to enhance response times and elevate the
overall customer experience. We believe that this
added layer of service will help us address inquiries
more efficiently and effectively.
CONFIDENTIAL
5
Council Packet Page Number 66 of 326
F4, Attachment 3
Customer Experience -Focused
¤Drive Zeal behaviors in real time
through analytics, data, training &
coaching
¤Insights into Agent:
¤Tone
¤Empathy
¤Active Listening Skills
¤Effective Probing Questions
¤Acknowledging Customer Loyalty
¤Among othersÈÈ.
¤Gain insight into sources of
customer dissatisfaction & partner
with Area / BUÓs to help drive
change in the organization
Council Packet Page Number 67 of 326
F4, Attachment 3
Elevating Customer Interactions -AI
CONFIDENTIAL
7
Council Packet Page Number 68 of 326
F4, Attachment 3
12
Models | Enlighten Behavioral Models
Objective: Enlighten models are used to identify Soft Skills and Agents for targeted coaching.
Instead of selecting a handful of calls for manual review, 100% of calls are scored. Scoring for
each call is automated, eliminating bias and building trust in results.
Demonstrate OwnershipD
Reassuring the caller that the representative understands the issue and is ready and able to help.
Active Listening
Actively responding in the conversation, and not asking caller to repeat themselves.
Be Empathetic
Acknowledging stated issues, and their related impacts/hardships to the caller.
Effective Questioning
Asking meaningful questions to explore a caller's experience, issues, and/or opportunities.
Build Rapport
Engaging the caller in general dialog not specific to the reason for contacting to build a personal
connection.
Set Expectations
Summarizing actions and next steps, informing the caller of what to expect and/or required actions.
Promote Self-Service
Promoting the availability of self-service options (IVR, Website, App, etc.) where appropriate during an
interaction.
Inappropriate Action
Denying a caller's request to transfer the contact, use of inappropriate language, other offensive acts.
Acknowledge Loyalty
Taking a moment to acknowledging the callerÓs tenure with the organization and showing appreciation for
their loyalty.
Council Packet Page Number 69 of 326
F4, Attachment 3
Food Scraps Pick Up Program
¤The Ramsey-Washington food scraps program expanded to all the City of Maplewood on
th
October 9, 2023; since then, participation has grown to 1,680households.
¤Shann Finwall organized a tour of the R&E facility for the ENR Commission in October.
Participants learned how the waste is managed as well as the history and growth of the
program.
CONFIDENTIAL
9
Council Packet Page Number 70 of 326
F4, Attachment 3
NPS Survey
¤Maplewood survey responses from 2024:
The drivers have been remarkably polite and helpful. The drivers deserve a lot of credit for fine work!
CONFIDENTIAL
10
Council Packet Page Number 71 of 326
F4, Attachment 3
Walk up service update
¤In 2024, we partnered with our Customer Service Team to update their knowledge tool,
ensuring that agents provide residents with the CityÓs phone number for Walk Up Service
inquiries.
¤In 2025, we are enhancing this practice further by implementing a system code for
customers with City-Approved Walk Up Service, allowing us to track these requests more
effectively.
CONFIDENTIAL
11
Council Packet Page Number 72 of 326
F4, Attachment 3
Events
thth
¤September 20, 2024, Touch a Truck ÎRescheduled due to weather from June 12and
th
July 4
¤Driver Tony Kromberg and Municipal Administrator Frances attended this fun event. We
love seeing kids get excited about our trucks!
¤Spring Clean Up: Saturday, April 13,
2024.
¤Fall Clean Up Campaign: Republic
Services looks forward to participating
in the annual Fall Clean Up Campaign!
Residents love having the ability to
schedule curbside bulk pickups, at a
reduced rate, throughout the month of
October.
CONFIDENTIAL
12
Council Packet Page Number 73 of 326
F4, Attachment 3
2024 Maplewood Year-End Trash Services Report - Submitted by Republic Services
Collection Service Levels Jan FebMarAprMayJunJulAugSeptOctNovDecYear End
20 Gallon EOW100100100100100100100100100100100100 100
20 Gallon Weekly417416419417414416414411411408414416 416
32 Gallon Weekly114111491159116311631162116211611158116211611169 1169
65 Gallon Weekly344834403434343434273446343834273404340434343436 3436
95 Gallon Weekly 390638953883387638793872387638763882388238783869 3869
2/32 Gallon Weekly557566666667 7
2/65 Gallon Weekly 242225232424242424252525 25
2/95 Gallon Weekly 170170172164166168168164164167167166 166
3/65 Gallon Weekly 233333333333 3
3/95 Gallon Weekly 171719181817181917171717 17
4/65 Gallon Weekly 000000000000 0
4/95 Gallon Weekly171720181818171717171716 16
5/95 Gallon Weekly 000000000000 0
Account Information Jan FebMarAprMayJunJulAugSeptOctNovDecYear End
Single family accounts8,9118,9098,9078,8928,8928,8998,8868,8918,8998,8988,8948,673 8,673
Townhome/manufactured home accounts99999999999999999999999999
Permanent exemptions145145145145145145145145145145145145145
Walk up services 383836363635353433333534 34
Yard waste accounts144314331436148715171523151815221518151515061474 1,474
Containers in use Jan FebMarAprMayJunJulAugSeptOctNovDecYear End
20 Gallon EOW100100100100100100100100100100100100 100
20 Gallon Weekly417416419417414416414411411408414416 416
32 Gallon Weekly114111491159116311631162116211611158116211611169 1169
65 Gallon Weekly344834403434343434273446343834273404340434343436 3436
95 Gallon Weekly 390638953883387638793872387638763882388238783869 3869
2/32 Gallon Weekly101014101212121212121214 14
2/65 Gallon Weekly 484450464848484848505050 50
2/95 Gallon Weekly 340340344328332336336328328334334332 332
3/65 Gallon Weekly 699999999999 9
3/95 Gallon Weekly 515157545451545751515151 51
4/65 Gallon Weekly 000000000000 0
4/95 Gallon Weekly686880727272686868686864 64
5/95 Gallon Weekly 000000000000 0
Total trash carts in use 9535952295499509951095249517949794719480951195109510
Trash Cart Inventory Jan FebMarAprMayJunJulAugSeptOctNovDecYear End
20 Gallon 767171717171717170707071 71
32 Gallon 355345323308292289246243337319258239 239
65 Gallon 350337325306291279249244224198161134 134
95 Gallon 340320303275245239207180129884021 21
Trash Carts to be Purchased Jan FebMarAprMayJunJulAugSeptOctNovDecYear End
30 gal N/AN/A N/AN/AN/AN/AN/AN/A N/AN/AN/A N/A N/A
60 gal N/AN/A N/AN/AN/AN/AN/AN/A N/AN/AN/A N/A N/A
90 gal N/AN/A N/AN/AN/AN/AN/AN/A N/AN/AN/A N/A N/A
Trash Cart Parts to be PurchasedJanFebMarAprMayJunJulAugSeptOctNovDecYear End
N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
Trash Cart Warranty Issues JanFebMarAprMayJunJulAugSeptOctNovDecYear End
20 Gallon 0 00000000000 0
32 Gallon 4 589111386197 72
65 Gallon 17 1812161413919166148 162
95 Gallon 24 222128361724331791216 259
Total carts 454541536131366039163531 493
Trash Cart ActivityJanFebMarAprMayJunJulAugSeptOctNovDecAnnual Total
Volume switches453526182114211716101322 258
Replacement /Repair3146417210143585068413942 632
Removal 694724415336465661453856 572
Delivery674748514638646063613557 637
Remove yardwaste21013819710772622 113
Council Packet Page Number 74 of 326
F4, Attachment 3
Add yardwaste01029492817108102 145
Total Activity2141861522192891662162002231601312012357
Customer Service Phone Calls JanFebMarAprMayJunJulAugSeptOctNovDec
Number of phone calls26951690995261324182140249420191774218823651854
Speed to Answer 1:50:431:232:452:301:541:550:531:261:14:442:13
Call abandonment 0:008096513436273382127382272144386
Handle time average 4:514:515:035:055:125:104:574:374:454:434:294:39
Disposal Information in TonsJanFebMarAprMayJunJulAugSeptOctNovDecAnnual Total
MSW (trash) collected661.39578.76582.85604.92790.06726.52829.45759.36738.62736.56678.58692.72 8379.79
Yard waste collected00045.5677.3959.365.5756.9652.6253.9585.020 496.37
Bulk items collected 474571757779124115921358268 1010
City Clean Up Bulk ItemsN/AN/AN/AN/AN/AN/AN/AN/AN/A135N/AN/A N/A
Tipping Fee per ton RRT Newport$ 121.00121.00$ $ 121.00$ 121.00$ 121.00$ 121.00$ 121.00$ 121.00$
121.00$ 121.00$ 121.00$ 121.00 N/A
Delinquent AccountsJanFebMarAprMayJunJulAugSeptOctNovDecTotal for Year
Total Acounts Past Due 1,6297092,2441,4351,8667512,0661,3602,3477421,745876 N/A
30 days past due $69,691.66$1,575.85$109,207.12$2,385.55$79,561.15$4,562.84$86,468.25$2,370.09$105,373.20$2,969.46$111,100.07$3,215.54N/A
60 days past due $869.06$46,920.83$1,307.09$56,171.48$1,558.50$51,319.07$1,338.03$52,515.47$1,561.96$53,979.99$1,829.04$59,800.37N/A
90 days past due $36,092.95$614.74$40,575.86$1,087.05$34,170.32$1,244.40$38,151.40$646.85$41,636.551170.85$42,714.98$1,442.24N/A
120 days past due$354.00$30,553.92$412.86$35,059.28$898.57$28,272.20$934.79$32,139.41$447.72$30,015.33$1,146.41$36,747.73N/A
150 days past due$24,150.55$319.59$28,675.20$412.86$30,224.42$810.04$25,692.80$574.40$28,876.26$375.67$27,517.80$1,021.41N/A
180 days past due$113.09$22,152.04$206.11$26,101.95$384.97$28,665.96$745.54$23,569.36$34.36$24,364.85$258.81$26,403.24N/A
Total Past Due Dollars $131,271.31$102,136.97$180,384.24$121,218.17$146,797.93$114,874.51$153,330.81$111,815.58$177,930.05$112,876.15$184,567.11$128,630.53 N/A
Written off AccountsNANANANANANANANANANANANA
Written off FundsNANANANANANANANANANANANA$0.00
Customer Complaints/ComplimentsJanFebMarAprMayJunJulAugSeptOctNovDecAnnual Total
General Inquiry-Complaint 21 2317163043433234274850 384
General Inquiry-Compliment 0 00010000000 1
Type of Safety and AccidentsJanFebMarAprMayJunJulAugSeptOctNovDecAnnual Total
0 00000000000 0
City Wide Clean Up Oct Tons/QTY
Total Bulk Collections (Electronics/Appliance &
Home Bulks)
135
Electronics 5
Homes Bulks serviced 110
Homes Appliance 20
Gallons per Miles per
week week
Trash Trucks (All year round)
2457157422
2447142361 Per Michelle G 01/15/2025
2448160526
Gallons per Miles per
week week
Compost Trucks (April through November)
2439176407 Per Michelle G 01/15/2025
Council Packet Page Number 75 of 326
F4, Attachment 4
2025 Trash and Yard Waste Collection Work Plan
Republic Services submits an annual work plan outlining key priorities for residential trash and yard
waste system improvements, including customer service improvements based on the net promoter
scores, household audits (as needed), and proposed improvements to the Spring Clean-Up and Fall
Clean-Up Campaigns. The work plan is incorporated into the trash and yard waste contract by reference
once it is approved by the City Council.
1.Events:
a.State of the City: Republic Services will have representatives at the March 19, 2025,
State of the City event held at the Maplewood Community Center/YMCA. The event is
an opportunity to network with City leaders and community members.
b.Spring Clean Up: Per the trash and yard waste contract, Republic Services will serve as
the main contractor at the annual Spring Clean Up event where residents can
dispose/recycle bulky items at Aldrich Arena (1850 White Bear Avenue). The Spring
Clean Up is scheduled for Saturday, May 3, 2025.
c.Touch a Truck: Republic Services will attend the City’s annual Touch a Truck event. The
exact date of the event to be announced soon, but will be held in the summer or fall of
2025.
d.Fall Clean Up Campaign: Per the trash and yard waste contract, Republic Services will
participate in the annual Fall Clean Up Campaign where residents can schedule reduced
rate curbside bulky item collection throughout the month of October.
2.Park Solid Waste Improvement Pilot Project: As part of the City’s 2025 SCORE Recycling Work
Plan Wakefield Park will serve as a pilot park for recycling and solid waste improvements.
Republic Services will work with the City and the City’s residential recycling contractor Tennis
Sanitation to make solid waste improvements in Wakefield Park. Improvements could include
right-sizing trash dumpsters, monthly park dumpster reports, and educational signage and
outreach.
3.Education Tags: Republic Services will work with the City to update the education tags which
are left on carts to ensure proper handling of solid waste. Updates to include options for
translation of the education tags via QR codes and more pictures or graphics to enhance
education.
4.Billing:
a.Yard Waste Billing: Residents can opt into the City’s yard waste collection. Republic
Services collects the yard waste once a week from April 1 through November 30. Weekly
collection includes one 95-gallon yard waste cart and up to five compostable bags of
yard waste. The 2025 cost of yard waste collection is $146. Republic Services adds the
entire cost to residents’ March trash bills, with no option for pro-rated billing for
residents that opt in mid-year or for monthly billing. In 2025 Republic Services should
review options for pro-rated and monthly billing of yard waste collection and report to
Council Packet Page Number 76 of 326
F4, Attachment 4
the City on the feasibility of those options during the annual Pay as You Throw trash rate
review in August.
b.Late Fees: The residential trash contract with Republic Services was extended with a
new contract term of January 1, 2025 to June 30, 2027. The updated contract outlines
new late fee charges for trash billing. Previously Republic Services could add an 8
percent late fee to past due trash bills. The updated contract species Republic Services
can add a $5 per month late fee for bills that are over 30 days past due. Republic
Services should submit a summary of the new late fee process to the City during the
annual trash bill assessment process which begins in September.
5.Food Scraps Pick Up Program: Coordinate with Ramsey County on the following where feasible:
a.Education and Outreach: Include information on the food scraps pick up program in
bills or other education and outreach opportunities.
b.Metrics: Obtain information on the number of Maplewood households participating in
the food scraps pick up program, and the amount of food scraps collected yearly.
6.Tour: Coordinate a tour of the new Ramsey County Environmental Service Center scheduled to
open April 1, 2025. Located in Roseville, the year-round facility will have household hazardous
waste drop off; electronics, food scraps and general recycling; and a free product reuse room.
2
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G2
CITY COUNCIL STAFF REPORT
Meeting Date May 27, 2025
REPORT TO: Michael Sable, Cit
y Manager
REPORT FROM: Brian Bierdeman, Public Safety Director
PRESENTER: Brian Bierdeman, Public Safety Director
AGENDA ITEM: Cellebrite Service Agreement for the Maplewood Police Department
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
City Council approval is requested to sign a service agreement with Cellebrite. Cellebrite is a cell
phone forensics software that will support the Maplewood Police DepartmentÓs ability to access cell
phones with a warrant, to obtain evidence without having to outsource to another department or
unit. The service agreement is for one year with an annual renewal.
Recommended Action:
Motion to approve the Cellebrite service agreement for the Maplewood Police Department.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $34,226.50
Financing source(s):
Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship
Integrated Communication Operational EffectivenessTargeted Redevelopment
Cell phone Forensic Technology was an area of improvement for Operational Effectiveness
identified during the Staffing and Technology Study completed by Dr. Bostrom and the Center for
Values-Based Initiatives.
Background:
For the last ten years the Maplewood Police Department has not had the internal capability to
access cell phone evidence. To address this gap the department has previously contracted with
other agencies, including the Woodbury Police Department, to conduct cell phone forensics for
investigations. This partnership ended last year due to Woodbury no longer having the capacity to
handle their own case load in addition to the requests from other departments. Over the last year
the department has partnered with other forensic assets within the state such as the MN Bureau of
Council Packet Page Number 93 of 326
G2
Criminal Apprehension (BCA) and the Secret Service, but at times this process has been time-
consuming and has delayed investigations.
The department understands the importance of getting this information in a timely manner as it can
have significant impacts on the results of an investigation. The investigations unit conducted
research to explore what options are currently available and being used in law enforcement to
conduct cell phone forensics. This research took into consideration operability, user interface,
effectiveness, technological support, and cost. As a result, Cellebrite was identified as the best
available option.
The addition of this capability will allow for the faster processing and solving of crimes and will
improve the overall police service provided to the community.
The service agreement with Cellebrite is a one-year contract that will renew annually.
Attachments:
1.Cellebrite Quote - #Q-4503901-1
Council Packet Page Number 94 of 326
G2, Attachment 1
#Product CodeProduct NameQtyStart DateEnd DateNet Price\\UnitNet Price
1B-CNR-05-001Inseyets Online Pro1Jun 01, 2025May 31, 202610,684.0010,684.00
2S-UFD-20-003Inseyets Pro UFED Subscription1Jun 01, 2025May 31, 2026
3S-UFD-20-006Inseyets Pro PA Subscription1Jun 01, 2025May 31, 2026
4F-KAS-00-001UFED Dongle Kit1
5F-KAS-05-000Inseyets Kit1
6S-UFD-04-059Smart Translator (3 languages translation1Jun 01, 2025May 31, 2026
Promotion)
Number of Languages: 3
7S-AIS-20-001Inseyets Online Limited Unlocks subscription65Jun 01, 2025May 31, 2026290.0018,850.00
8B-TRN-03-040In-Person/Virtual CCO+CCPA Inseyets (5 days)1May 08, 2025May 07, 20264,607.504,607.50
9U-TRN-02-118In-Person/Virtual (CCO) - Cellebrite Certified1May 08, 2025May 07, 2026
Operator Inseyets (2 days)
10U-TRN-02-119In-Person/Virtual (CCPA) - Certified Physical1May 08, 2025May 07, 2026
Analyst Inseyets (3 days)
Page1 of 2
Council Packet Page Number 95 of 326
G2, Attachment 1
Terms and Conditions:
-This Quote/Proforma Invoice/Tax Invoice, together with the terms and conditions and license agreement listed below that are
incorporated by reference to this Quote/Proforma Invoice (together, the ÐAgreementÑ), constitute an offer by Cellebrite. By signing this
the Quote/Proforma Invoice, issuing a purchase order (or other ordering document) in connection with this the Quote/Proforma Invoice,
or downloading and/or using the products identified in this the Quote/Proforma Invoice/Tax Invoice, the customer agrees to be bound by
the terms of this Agreement. Any additional or different terms or conditions contained in any customer document, purchase order or other
ordering document will not be binding upon Cellebrite unless expressly accepted in a document signed by a Cellebrite authorized signatory.
-Quote is subject to regulatory approval.
-Freight Terms: FCA (NJ)
-General: The following terms shall apply to any product at http://legal.cellebrite.com/us/index.html
-EULA: All Cellebrite Software is licensed subject to the end user license agreement available at https://legal.cellebrite.com/End-User-
License-Agreement.html
-Advanced Services (CAS): The following terms apply to Cellebrite Advanced Services at
https://legal.cellebrite.com/CB-us-us/index.html
-Premium: The following terms shall apply only to Cellebrite Premium at http://legal.cellebrite.com/intl/PremiumUS.htm
-Pathfinder: The following terms apply to Cellebrite Pathfinder at https://legal.cellebrite.com/PF-Addendum.htm
-Training Services: The following terms apply to Cellebrite Training Services at http://legal.cellebrite.com/intl/Training.htm
-SaaS: The following terms apply to Cellebrite SaaS Services at https://legal.cellebrite.com/SaaS.htm
-Endpoint SaaS: The following terms apply to Cellebrite Cellebrite Endpoint SaaS at https://legal.cellebrite.com/Endpoint-SAAS.html
In the event of any dispute as to which terms apply, Cellebrite shall have the right to reasonably determine which terms apply to a given
purchase order.
Please indicate the invoice number when remitting payment
Page2 of 2
Council Packet Page Number 96 of 326
G3
CITY COUNCILSTAFF REPORT
Meeting Date May 27, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Michael Martin, AICP, Assistant Community Development Director
PRESENTER: Danette Parr,Community Development Director
AGENDA ITEM: Affordable Homeownership Grant Program Agreements between the
Metropolitan Council, the City of Maplewood and Twin Cities Habitat for
Humanity
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
On December 11, 2024, the Metropolitan Council awarded the City of Maplewood a $525,000
Affordable Homeownership Grant to support Twin Cities Habitat for Humanity’s construction of five
new single-family houses and the completion of site and infrastructure improvements in the Beebe
Meadows subdivision, which is located on the northeast corner of the Larpenteur Avenue and
Beebe Road intersection.
The city council is being asked to approve a grant agreement between the Metropolitan Council and
the City of Maplewood, and a subgrant agreement between the City of Maplewood and Twin Cities
Habitat for Humanity for the administration and use of the grant dollars.
Recommended Action:
Motion to approve and authorize the mayor and city manager to execute the Metropolitan Livable
Communities Act Grant Agreement between the Metropolitan Council and the City of Maplewood
and the Livable Communities Demonstration Account Affordable Homeownership Grant Program
Subgrant Agreement between City of Maplewood and Twin Cities Habitat for Humanity for a
$525,000 Affordable Homeownership Grant.
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: Acceptance of the grant dollars does not
commit the city to additional funding.
Strategic Plan Relevance:
Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship
Integrated Communication Operational EffectivenessTargeted Redevelopment
Council Packet Page Number 97 of 326
G3
The citysupports partnering with developers to secure funding from other agencies to bring funds
into Maplewood to foster quality development.
Background:
On October 25, 2018, the City Council approved Beebe Meadows, a seven single-family lot
subdivision at the northeast corner of the Larpenteur Avenue and Beebe Road intersection. SVK
Development, the project’s original developer, sold the property to Twin Cities Habitat for Humanity
who is completing the development.
Two of the homes have been constructed. For the remaining five lots, the city and Twin Cities
Habitat for Humanity worked together to apply for an award from the Metropolitan Council’s
Affordable Homeownership Grant fund. The now-awarded grant funds will go towards constructing
the remaining homes. The two constructed and five future homes will all maintain affordability for
households living at 30-80 percent of the Twin Cities' area median income. Additionally, three of the
homes will be slab-on-grade and visitable for ease of access for people with disabilities.
The city attorney has reviewed both attached agreements.
Attachments:
1.Metropolitan Livable Communities Act Grant Agreement between the Metropolitan Council and
the City of Maplewood
2.Livable Communities Demonstration Account Affordable Homeownership Grant Program
Subgrant Agreement between City of Maplewood and Twin Cities Habitat for Humanity
Council Packet Page Number 98 of 326
Attachment 1
LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT
AFFORDABLE HOMEOWNERSHIP GRANT PROGRAM
GRANTEE: City of Maplewood GRANT NO. SG-22149
PROJECT: Beebe Meadows
GRANT AMOUNT: $525,000.00 FUNDING CYCLE: 2024
COUNCIL ACTION: 12/11/2024 EXPIRATION DATE: 12/31/2027
METROPOLITAN LIVABLE COMMUNITIES ACT
GRANT AGREEMENT
THIS GRANT AGREEMENT (“Agreement”) is made and entered into by the Metropolitan Council
(“Council”) and the Municipality or Development Authority identified above as “Grantee.”
WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities Fund,
the uses of which fund must be consistent with and promote the purposes of the Metropolitan Livable
Communities Act (“LCA”) and the policies of the Council’s Metropolitan Development Guide; and
WHEREAS, Minnesota Statutes sections 473.251 and 473.253 establish within the Metropolitan
Livable Communities Fund a Livable Communities Demonstration Account and require the Council
to use the funds in the account to make grants or loans to municipalities participating in the Local
Housing Incentives Account Program under Minnesota Statutes section 473.254 or to Counties or
Development Authorities to fund the initiatives specified in Minnesota Statute section 473.25(b) in
Participating Municipalities; and
WHEREAS, the Grantee is a Municipality participating in the Local Housing Incentives Account
program under Minnesota Statutes section 473.254, a County, or a Development Authority; and
WHEREAS, at its February 14, 2024 meeting the Council approved an annual LCA Fund
Distribution Plan that authorized a Livable Communities Demonstration Account Affordable
Homeownership program; and
WHEREAS, the Grantee seeks funding in connection with an application for Livable Communities
Demonstration Account grant program funds submitted in response to the Council’s notice of
availability of grant funds for the “Funding Cycle” identified above and will use the grant funds made
available under this Agreement to help fund the “Project” identified in the application; and
WHEREAS, the Council awarded Livable Communities Demonstration Account Affordable
Homeownership grant program funds to the Grantee subject to any terms, conditions, and clarifications
stated in its Council Action, and with the understanding that the Project identified in the application
will proceed to completion in a timely manner, all grant funds will be expended prior to the
“Expiration Date” identified above and Project construction will have “commenced” before the
Expiration Date.
NOW THEREFORE, in reliance on the above statements and in consideration of the mutual
promises and covenants contained in this Agreement, the Grantee and the Council agree as follows:
Page 1 of 11 Pages
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Attachment 1
LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT
AFFORDABLE HOMEOWNERSHIP GRANT PROGRAM
I.DEFINITIONS
1.01. Definition of Terms. The terms defined in this section have the meanings given them in this
section unless otherwise provided or indicated by the context.
(a)Commenced. For the purposes of Sections 2.09 and 5.03, “commenced” means significant
physical improvements have occurred in furtherance of the Project (e.g., a foundation is being
constructed or other tangible work on a structure has been initiated). In the absence of
significant physical improvements, visible staking, engineering, land surveying, soil testing,
cleanup site investigation, or pollution cleanup activities are not evidence of Project
commencement for the purposes of this Agreement.
(b)Council Action. “Council Action” means the action or decision of the governing body of the
Metropolitan Council, on the meeting date identified at Page 1 of this Agreement, by which
the Grantee was awarded Livable Communities Demonstration Account Affordable
Homeownership funds.
(c)County. “County” means Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington
Counties.
(d)Development Authority. “Development Authority” means a statutory or home rule charter city,
a housing and redevelopment authority, an economic development authority, or a port authority
in the Metropolitan Area.
(e)Metropolitan Area. “Metropolitan Area” means the seven-county metropolitan area as defined
by Minnesota Statutes section 473.121, subdivision 2.
(f)Municipality. “Municipality” means a statutory or home rule charter city or town in the
Metropolitan Area.
(g) Municipality. “Participating Municipality” means a Municipality electing to
participate in the Local Housing Incentives Account program under Minnesota Statutes
section 473.254.
(h)Project. Unless clearly indicated otherwise by the context of a specific provision of this
Agreement, “Project” means the development or redevelopment project identified in the
application for Livable Communities Demonstration Account Affordable Homeownership
funds for which grant funds were requested. Grant-funded activities typically are components
of the Project.
(i)Redeployment of Repaid Grant Funds. “Redeployment of Repaid Grant Funds” means
Grantee redeployment of Repaid Grant Funds to continue supporting affordable housing
components of the Project or implement or support projects that will help the Grantee (or the
Participating Municipality within which the Project is located) meet its affordable and life-
cycle housing goals.
(j)Repaid Grant Funds. “Repaid Grant Funds” means repaid loan principal and interest grant
funds made available to the Grantee and disbursed to the Project Owner in the form of a loan
pursuant to Section 2.06 of this Agreement.
Page 2 of 11 Pages
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LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT
AFFORDABLE HOMEOWNERSHIP GRANT PROGRAM
II.GRANT FUNDS
2.01. Source of Funds. The grant funds made available to the Grantee under this Agreement are
from the Livable Communities Demonstration Account of the Metropolitan Livable Communities
Fund. The grant funds are derived from property taxes authorized by Minnesota Statutes
section 473.253, subdivision 1 and are not from State or federal sources.
2.02. Total Grant Amount. The Council will grant to the Grantee the “Grant Amount” identified
at Page 1 of this Agreement. The Council’s obligation to reimburse the Grantee for eligible grant-
funded expenditures shall not exceed the Grant Amount. Notwithstanding any other provision of this
Agreement, the Grantee understands and agrees that any reduction or termination of Livable
Communities Demonstration Account funds made available to the Council may result in a like
reduction in the Grant Amount made available to the Grantee.
2.03. Authorized Use of Grant Funds. The Grant Amount made available to the Grantee under
this Agreement shall be used only for the purposes and Project activities described in the application
for Livable Communities Demonstration Account Affordable Homeownership funds. A Project
Summary that identifies eligible uses of the grant funds as approved by the Council is attached to and
incorporated into this Agreement as Attachment A. Grant funds must be used for purposes consistent
with Minnesota Statutes section 473.25(a), in a Participating Municipality.
2.04. Ineligible Uses. Grant funds must be used for eligible costs directly associated with the
Project activities for which the Council awarded grant funds. A detailed list of ineligible and eligible
costs is available from the Community Development/Metropolitan Transportation Services Finance and
Administration Department. Grant funds also shall not be used by the Grantee or others to supplant or
replace: (a) grant or loan funds obtained for the Project from other sources; (b) Grantee contributions
to the Project, including financial assistance, real property or other resources of the Grantee; or
(c)funding or budgetary commitments made by the Grantee or others prior to the Council Action,
unless specifically authorized by the Council. The Council shall bear no responsibility for cost
overruns which may be incurred by the Grantee or others in the implementation or performance of
the Project activities. The Grantee agrees to comply with any “business subsidy” requirements of
Minnesota Statutes sections 116J.993 to 116J.995 that apply to the Grantee’s expenditures or uses of
the grant funds.
2.05. \[ reserved \]
2.06. Revolving or Deferred Loans. If consistent with the application and the Project Summary
or if requested in writing by the Grantee, the Grantee may use the grant funds to make deferred loans
(loans made without interest or periodic payments), revolving loans (loans made with interest and
periodic payments) or otherwise make the grant funds available on a “revolving” basis for the purposes
of implementing the Project activities described or identified in Attachment A.
As an alternative to such loan proceeds recovery for revolving loans, the Grantee may elect
Redeployment of Repaid Grant Funds. If the Grantee elects Redeployment of Repaid Grant Funds,
the Grantee shall report such Redeployment of Repaid Grant Funds in its next annual Housing Policy
and Production Survey. Upon the Council’s review of any Redeployment of Repaid Grant Funds
identified in the Grantee’s Housing Policy or Production Survey or otherwise, the Council reserves
the right to request return of such funds if, after review, the Council determines such Redeployment
of Repaid Grants Funds does not comply with the Livable Communities Act program requirements,
Page 3 of 11 Pages
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LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT
AFFORDABLE HOMEOWNERSHIP GRANT PROGRAM
or affordable and life-cycle housing goals. Upon the Council’s request, the Grantee shall promptly
return the Repaid Grant Funds
2.07. Restrictions on Grants and Loans by Subrecipients. The Grantee shall not permit any
subgrantee, subrecipient, or contractor to use the grant funds for grants or loans to any subgrantee or
subrecipient at any tier unless the Grantee obtains the prior written consent of the Council. The
requirements of this Section 2.08 shall be included in all subgrants, subrecipient agreements, and
contracts.
2.08. Project Commencement and Changes. The Project for which grant funds were requested
must be “commenced” prior to the Expiration Date. The Grantee must promptly inform the Council
in writing of any significant changes to the Project for which the grant funds were awarded, as well
as any potential changes to the grant-funded activities described or identified in Attachment A.
Failure to inform the Council of any significant changes to the Project or significant changes to grant-
funded components of the Project, and use of grant funds for ineligible or unauthorized purposes, will
jeopardize the Grantee’s eligibility for future LCA awards. Grant funds will not be disbursed prior to
Council approval of significant changes to either the Project or to grant-funded activities described or
identified in Attachment A.
2.09. Budget Variance. The Grantee may reallocate up to twenty percent (20%) of the Grant
Amount among the grant-funded activities, provided: (a) the grant funds may be used only for Project
activities for which the Council awarded the grant funds; (b) the reallocation does not significantly
change the Project deliverables; and (c) the Grantee receives written permission from Council staff
prior to reallocating any grant funds. Council staff may administratively approve budget reallocation
requests that exceed twenty percent (20%) of the Grant Amount only if the reallocation does not
significantly change the Project deliverables. Notwithstanding the aggregate or net effect of any
variances, the Council’s obligation to provide grant funds under this Agreement shall not exceed the
Grant Amount identified at Page 1 of this Agreement.
2.10. Loss of Grant Funds. The Grantee agrees to remit to the Council in a prompt manner: any
unspent grant funds, including any grant funds that are not expended prior to the Expiration Date
identified at Page 1 of this Agreement; any grant funds that are not used for the authorized purposes;
and any interest earnings described in Section 2.13 that are not used for the purposes of implementing
the grant-funded Project activities described or identified in Attachment A. For the purposes of this
Agreement, grant funds are “expended” prior to the Expiration Date if the Grantee pays or is obligated
to pay for expenses of eligible grant-funded Project activities that occurred prior to the Expiration
Date and the eligible expenses were incurred prior to the Expiration Date. Unspent or unused grant
funds and other funds remitted to the Council shall revert to the Council’s Livable Communities
Demonstration Account for distribution through application processes in future Funding Cycles or as
otherwise permitted by law.
2.11. Payment Requests, Documentation, and Disbursements. The Council will disburse grant
funds in response to payment requests submitted by the Grantee through the Council’s online grant
management system and reviewed and approved by the Council’s Authorized Agent. The Council will
make the final determination whether the expenditures are eligible for reimbursement under this
Agreement, and verify the total amount requested from the Council. Reimbursement of any costs does
not constitute a waiver by the Council of any Grantee noncompliance with this Agreement.
Page 4 of 11 Pages
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LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT
AFFORDABLE HOMEOWNERSHIP GRANT PROGRAM
The Council shall disburse grant funds for all grant-eligible expenditures within thirty-five (35) days of
the receipt of satisfactory documentation from the Grantee. NOTWITHSTANDING THE
PROVISIONS OF THIS SECTION 2.12, THE COUNCIL WILL NOT DISBURSE ANY
GRANT FUNDS TO THE GRANTEE UNLESS THE PARTICIPATING MUNICIPALITY
HAS ADOPTED A FAIR HOUSING POLICY AS REQUIRED BY SECTION 3.04.
2.12. Interest Earnings. If the Grantee earns any interest or other income from the grant funds
received from the Council under this Agreement, the Grantee will use the interest earnings or income
only for the purpose of implementing the Project activities described or identified in Attachment A.
2.13. Effect of Grant. Issuance of this grant neither implies any Council responsibility for
contamination, if any, at the Project site nor imposes any obligation on the Council to participate in
any pollution cleanup of the Project site if such cleanup is undertaken or required.
2.14. Resale Limitations. The Grantee must impose resale limitations regarding the disposition of
any equity realized by the purchasers of “affordable” units if grant funds received from the Council
under this Agreement are used for homeownership affordability gap financing in the Project described
or identified in Attachment A. The intent of this resale limitation is to protect the public investment
in the Project and ensure that a proportion of the affordability gap provided by the public investment
in the form of grant funds received from the Council is recaptured for reuse in conjunction with other
affordable housing efforts and does not become a windfall for any purchaser who might sell the home
prior to expiration of a predetermined resale limitation period. If a purchaser sells the “affordable”
home prior to expiration of the resale limitation time period, an equitable proportion of the
affordability gap filled by grant funds received from the Council under this Agreement must be
recaptured by the Grantee within twenty-four (24) months of the triggering resale event and applied
to a similar affordable housing project within the Participating Municipality or returned to the
Council. Unless otherwise agreed to by the Council and the Grantee, the length of the resale limitation
time period and the proportion of the affordability gap to be recovered will be consistent with resale
limitation time periods and repayment schedules stated in the Project application. These resale
limitations do not apply when the grant funds are used for homeownership value gap financing. The
Grantee will provide the Council with a copy of the resale limitations the Grantee imposed on the
grant-assisted affordable units, which may include copies of declarations or restrictive covenants
recorded against the property.
III.AFFORDABILITY; AFFIRMATIVE FAIR HOUSING
3.01. Affordability Term. If the Project for which the grant funds were awarded includes
affordable housing units, the Grantee shall, through written instruments or otherwise, ensure the
affordable units will remain affordable for a minimum period of fifteen (15) years. The Grantee’s
obligation under this section may be satisfied if other Project funding sources (e.g., the Minnesota
Housing Finance Agency or the U.S. Department of Housing and Urban Development (“HUD”) or
state or federal laws (e.g., low-income housing tax credit programs) require an affordability term of
at least fifteen (15) years. For the purposes of this section, “affordable housing unit” means a unit
that is affordable to households at eighty percent (80%) or less of the Area Median Income (“AMI”),
as established by HUD, unless the Grantee’s application stated an affordability standard lower than
eighty percent (80%) of AMI, in which case the Grantee’s lower affordability standard shall apply.
The affordability requirements of this section shall survive the expiration or termination of this
Agreement. If the affordable housing units are made available for homeownership then they are
subject to the resale limitations specified in Section 2.14 and the affordability requirements of this
Page 5 of 11 Pages
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LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT
AFFORDABLE HOMEOWNERSHIP GRANT PROGRAM
section only apply if Council grant funds pay more than half of the housing unit’s affordability gap
stated in the Project application.
3.02. Affirmative Fair Housing Marketing Plans. If the Project for which the grant funds were
awarded is a housing project or includes housing units (whether market rate or affordable), the
Grantee shall, through written instruments or otherwise, ensure the Project owner (and any subsequent
owner(s)) adopts and implements an affirmative fair housing marketing plan for all Project housing
units. For the purposes of this section, “affirmative fair housing marketing plan” means an affirmative
fair housing marketing plan that substantially conforms to affirmative fair housing marketing plans
published by the U.S. Department of Housing and Urban Development (“HUD”) or sample
affirmative fair housing marketing plans published by the Minnesota Housing Finance Agency. The
affirmative fair housing marketing plan requirement under this section shall continue for the
minimum affordability term specified in Section 3.01 and shall survive the expiration or termination
of this Agreement.
3.03. \[ reserved \]
3.04. Fair Housing Policy. If the Project will include a housing component, the governing body
of the Grantee (or the Participating Municipality within which the Project is located) must have
adopted a Fair Housing Policy. For the purposes of this section, the term “Fair Housing Policy”
means a written statement regarding the Participating Municipality’s commitment to fair housing that
substantively includes at least the following elements: a purpose statement; procedures for
responding to fair housing concerns and complaints; and a designated individual or staff position
responsible for fair housing issues. A best practices guide, as well as a copy of a model local fair
housing policy is available at: https://metrocouncil.org/Handbook/Files/Resources/Best-
Practices/Fair-Housing-Policy-Guide.aspx.
IV.ACCOUNTING, AUDIT, AND REPORT REQUIREMENTS
4.01. Accounting and Records. The Grantee agrees to establish and maintain accurate and
complete accounts and records relating to the receipt and expenditure of all grant funds received from
the Council. Notwithstanding the expiration and termination provisions of Sections 5.01 and 5.02,
such accounts and records shall be kept and maintained by the Grantee for a period of six (6) years
following the completion of the Project activities described or identified in Attachment A or six
(6)years following the expenditure of the grant funds, whichever occurs earlier. Accounting methods
shall be in accordance with generally accepted accounting principles.
4.02. Audits. The above accounts and records of the Grantee shall be audited in the same manner
as all other accounts and records of the Grantee are audited and may be audited or inspected on the
Grantee’s premises or otherwise by individuals or organizations designated and authorized by the
Council at any time, following reasonable notification to the Grantee, for a period of six (6) years
following the completion of the Project activities or six (6) years following the expenditure of the
grant funds, whichever occurs earlier. Pursuant to Minnesota Statutes section 16C.05, subdivision 5,
the books, records, documents and accounting procedures and practices of the Grantee that are
relevant to this Agreement are subject to examination by the Council and either the Legislative
Auditor or the State Auditor, as appropriate, for a minimum of six (6) years.
4.03. Reporting and Continuing Requirements. The Grantee will report to the Council on a semi-
annual basis by January 31 (for the period of July 1 through December 31) and July 31 (for the period
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January 1 through June 30) of each calendar year during the term of this Agreement. The Grantee
reports shall describe the status of the Project activities described or identified in Attachment A. The
report shall also describe the Project spending for the current reporting period and projected spending
for the future reporting periods. The Grantee also must complete and submit to the Council a Final
Report before the final disbursement of grant funds will be approved. The form and content of the
semi-annual status reports and the Final Report will be determined by the Council. These reporting
requirements shall survive the expiration or termination of this Agreement.
4.04. Environmental Site Assessment. The Grantee represents that a Phase I Environmental Site
Assessment or other environmental review has been or will be carried out, if such environmental
assessment or review is appropriate for the scope and nature of the Project activities funded by this
grant, and that any environmental issues have been or will be adequately addressed.
V.AGREEMENT TERM
5.01. Term and Close Out. This Agreement is effective upon execution of this Agreement by the
Council. Unless it is terminated pursuant to Section 5.02, this Agreement expires on the Expiration
Date identified at Page 1 of this Agreement. Failure of the Grantee to timely execute this Agreement
does not extend the Expiration Date. The Grantee has 120 calendar days after the Expiration Date to
provide documentation and information necessary to close out this Agreement and receive
disbursements for eligible grant-funded Project activities as prescribed in Section 2.03. If the Grantee
fails to provide the necessary documentation and information during this 120-day close out period,
the Grantee shall not be eligible to receive any unpaid grant funds and the Council will not disburse
any unpaid grant funds to the Grantee. This 120-day close out period does not extend any Grantee
reporting deadlines established in this Agreement or authorize the Grantee to expend or commit any
grant funds after the Expiration Date.
5.02. Termination. This Agreement may be terminated by the Council for cause at any time upon
fourteen (14) calendar days’ written notice to the Grantee. Cause shall mean a material breach of this
Agreement and any amendments of this Agreement. If this Agreement is terminated prior to the
Expiration Date, the Grantee shall receive payment on a pro rata basis for eligible Project activities
described or identified in Attachment A that have been completed prior to the termination.
Termination of this Agreement does not alter the Council’s authority to recover grant funds on the
basis of a later audit or other review and does not alter the Grantee’s obligation to return any grant
funds due to the Council as a result of later audits or corrections. If the Council determines the
Grantee has failed to comply with the terms and conditions of this Agreement and the applicable
provisions of the Metropolitan Livable Communities Act, the Council may take any action to protect
the Council’s interests and may refuse to disburse additional grant funds and may require the Grantee
to return all or part of the grant funds already disbursed.
5.03. Amendments and Extension. The Council and the Grantee may amend this Agreement by
mutual agreement. Amendments or an extension of this Agreement shall be effective only on the
execution of written amendments signed by authorized representatives of the Council and the Grantee.
If the Grantee needs a change to the Project, additional time within which to complete grant-funded
activities and commence the Project, a change in the budget, or a change in the grant-funded activities
the Grantee must submit to the Council AT LEAST NINETY (90) CALENDAR DAYS PRIOR TO
THE EXPIRATION DATE, a complete, written amendment request. All requirements must be met
for a request to be considered complete. THE EXPIRATION DATE MAY BE EXTENDED, BUT
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THE PERIOD OF ANY EXTENSION(S) SHALL NOT EXCEED TWO (2) YEARS BEYOND
THE ORIGINAL EXPIRATION DATE IDENTIFIED AT PAGE 1 OF THIS AGREEMENT.
VI.GENERAL PROVISIONS
6.01. Equal Opportunity. The Grantee agrees it will not discriminate against any employee or
applicant for employment because of race, color, creed, religion, national origin, sex, gender identity,
marital status, status with regard to public assistance, familial status, membership or activity in a local
civil rights commission, disability, sexual orientation, or age and will take affirmative action to ensure
applicants and employees are treated equally with respect to all aspects of employment, rates of pay
and other forms of compensation, and selection for training.
6.02. Conflict of Interest. The members, officers, and employees of the Grantee shall comply with
all applicable state statutory and regulatory conflict of interest laws and provisions.
6.03. Liability. Subject to the limitations provided in Minnesota Statutes chapter 466, to the fullest
extent permitted by law, the Grantee shall defend, indemnify, and hold harmless the Council and its
members, employees, and agents from and against all claims, damages, losses, and expenses, including
but not limited to attorneys’ fees, arising out of or resulting from the conduct or implementation of
the Project activities funded by this grant, except to the extent the claims, damages, losses and expenses
arise from the Council’s own negligence. Claims included in this indemnification include, without
limitation, any claims asserted pursuant to the Minnesota Environmental Response and Liability Act
(MERLA), Minnesota Statutes chapter 115B, the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA) as amended, United States Code, title 42,
sections 9601 et seq., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as
amended, United States Code, title 42, sections 6901 et seq. This obligation shall not be construed to
negate, abridge, or otherwise reduce any other right or obligation of indemnity which otherwise would
exist between the Council and the Grantee. The provisions of this section shall survive the expiration
or termination of this Agreement. This indemnification shall not be construed as a waiver on the part
of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota
Statutes chapter 466, or other applicable state or federal law.
6.04. Acknowledgments and Signage. The Grantee will acknowledge the financial assistance
provided by the Council in promotional materials, press releases, reports, and publications relating to
the Project. The acknowledgment will contain the following or comparable language:
Financing for this project was provided by the Metropolitan Council
Metropolitan Livable Communities Fund.
Until the Project is completed, the Grantee shall ensure the above acknowledgment language, or
alternative language approved by the Council’s authorized agent, is included on all signs (if any)
located at Project or construction sites that identify Project funding partners or entities providing
financial support for the Project. The acknowledgment and signage should refer to the “Metropolitan
Council” (not “Met Council” or “Metro Council”).
6.05. Permits, Bonds, and Approvals. The Council assumes no responsibility for obtaining any
applicable local, state, or federal licenses, permits, bonds, authorizations, or approvals necessary to
perform or complete the Project activities described or identified in Attachment A. The Grantee and
its developer(s), if any, must comply with all applicable licensing, permitting, bonding, authorization,
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and approval requirements of federal, state, and local governmental and regulatory agencies,
including conservation districts.
6.06. Subgrantees, Contractors and Subcontractors. The Grantee shall include in any subgrant,
contract, or subcontract for Project activities appropriate provisions to ensure subgrantee, contractor,
and subcontractor compliance with all applicable state and federal laws and this Agreement. Along
with such provisions, the Grantee shall require that contractors and subcontractors performing work
covered by this Agreement comply with all applicable state and federal Occupational Safety and
Health Act regulations. The Grantee’s subgrant agreement(s) shall expressly include the affordability
and affirmative fair housing marketing plan requirements of Sections 3.01 and 3.02.
6.07. Stormwater Discharge and Water Management Plan Requirements. If any grant funds
are used for urban site redevelopment, the Grantee shall at such redevelopment site meet or require
to be met all applicable requirements of:
(a)Federal and state laws relating to stormwater discharges including, without limitation, any
applicable requirements of Code of Federal Regulations, title 40, parts 122 and 123; and
(b)The Council’s 2040 Water Resources Policy Plan and the local water management plan for the
jurisdiction within which the redevelopment site is located.
6.08. Authorized Agent. Payment requests, written reports, and correspondence submitted to the
Council pursuant to this Agreement shall be directed to the Authorized Agent named below or their
successor through the Council’s online grants administration portal or to the below contact
information:
Attn: Kelly Nezworski
Metropolitan Council
CD & MTS Finance and Administration
390 Robert Street North
Saint Paul, Minnesota 55101-1805
kelly.nezworski@metc.state.mn.us
6.09. Non-Assignment. Minnesota Statutes section 473.253, subdivision 2 requires the Council to
distribute grant funds to eligible “municipalities,” metropolitan-area counties, or “development
authorities” for projects in municipalities participating in the Local Housing Incentives Account
program. Accordingly, this Agreement is not assignable and shall not be assigned by the Grantee.
6.10. Authorization to Reproduce Images. The Grantee certifies that the Grantee: (a) is the
owner of any renderings, images, perspectives, sections, diagrams, photographs, or other
copyrightable materials (collectively, “copyrightable materials”) that are in the Grantee’s application
or are submitted to the Council as part of the grant application review process or after grant award, or
that the Grantee is fully authorized to grant permissions regarding the copyrightable materials; and
(b)the copyrightable materials do not infringe upon the copyrights of others. The Grantee agrees the
Council has a nonexclusive royalty-free license and all necessary permissions to reproduce and
publish the copyrightable materials for noncommercial purposes, including but not limited to press
releases, presentations, reports, and on the internet. The Grantee also agrees the Grantee will not hold
the Council responsible for the unauthorized use of the copyrightable materials by third parties.
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6.11. Warranty of Legal Capacity. The individuals signing this Agreement on behalf of the
Grantee and on behalf of the Council represent and warrant on the Grantee’s and the Council’s behalf
respectively that the individuals are duly authorized to execute this Agreement on the Grantee’s and
the Council’s behalf respectively and that this Agreement constitutes the Grantee’s and the Council’s
valid, binding, and enforceable agreements.
6.12. Counterparts. This Agreement may be executed in counterpart, each of which counterpart
constitutes an original, but both of which together constitute one instrument.
6.13. Electronic Signatures. The electronic signatures of the Council’s and the Grantee’s authorized
representatives shall be valid as an original signature of the authorized representatives and shall be
effective to bind the Council and the Grantee under this Agreement. This Agreement containing, or
to which there is affixed, an electronic signature shall be deemed to: (a) be “written” or “in writing”;
(b)have been signed; and (c) constitute a record established and maintained in the ordinary course of
business and an original written record when printed from electronic files. “Electronic signature”
also means a manually signed original signature that is then transmitted by any electronic means,
including without limitation a faxed version of an original signature or an electronically scanned and
transmitted version (e.g., via PDF) of an original signature. The Council’s or the Grantee’s failure to
produce the original signature of any electronically transmitted signature shall not affect the
enforceability of this Agreement.
This space intentionally left blank. Signature page follows.
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IN WITNESS WHEREOF, the Grantee and the Council have caused this Agreement to be executed
by their duly authorized representatives. This Agreement is effective on the date of final execution
by the Council.
CITY OF MAPLEWOOD METROPOLITAN COUNCIL
By: _______________________________ By: _____________________________
LisaBeth Barajas, Executive Director
Title: _____________________________ Community Development Division
Date: _____________________________ Date: ___________________________
By: _______________________________
Title: _____________________________
Date: _____________________________
By: _______________________________
Title: _____________________________
Date: _____________________________
By: _______________________________
Title: _____________________________
Date: _____________________________
Approved as to form:
By: _______________________________
City Attorney’s Office
Date: _____________________________
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Attachment 1
ATTACHMENT A
PROJECT SUMMARY
This attachment comprises this page and the succeeding page(s) which contain(s) a summary of the
Project identified in the application for Livable Communities Demonstration Account Affordable
Homeownership grant funds submitted in response to a Request for Proposals issued by the Council
for the Funding Cycle identified at Page 1 of this Agreement. The summary reflects the proposed
Project for which the Grantee was awarded grant funds by the Council Action, and may reflect
changes in Project funding sources, changes in funding amounts, or minor changes in the proposed
Project that occurred subsequent to application submission. The application is incorporated into this
Agreement by reference and is made a part of this Agreement as follows. If the application or any
provision in the application conflicts with or is inconsistent with the Council Action, other provisions
of this Agreement, or the Project Summary contained in this Attachment A, the terms, descriptions,
and dollar amounts reflected in the Council Action or contained in this Agreement and the Project
Summary shall prevail. For the purposes of resolving conflicts or inconsistencies, the order of
precedence is: (1) the Council Action; (2) this Agreement; (3) the Project Summary; and (4) the grant
application.
Council Packet Page Number 110 of 326
Attachment 1
Livable Communities Project Summary
Grant # SG-22149
Type: LCDA - Affordable Homeownership
Applicant: City of Maplewood
Project Name: Beebe Meadows
Project Location: 700-1760 Beebe Rd N, Maplewood, MN 55109
Council District: 13 - Lee
Project Detail
The project had been stalled and property vacant for several
years before Twin Cities Habitat for Humanity (TCHFC)
purchased it. Project will construct seven single family homes
at the corner of Beebe Road and Larpenteur Ave E. Three of
Project Overview the homes will be slab-on-grade and visitable for ease of
access for people with disabilities. There are challenges with
the site being in a wetland area, and TCHFH has been
working with the Watershed District. TCHFH reports
neighbors have expressed support for the project.
Number of Homes 7
Targeted Affordability* 30-80% AMI
Number of Bedrooms per Home 3-5
Affordability Mechanism Restrictive Covenant
Development Team City of Maplewood
Twin Cities Habitat for Humanity
Funding
Requested Amount $525,000
Use of Funds & Award Amount
$525,000 Award Amount
$525,000 Use: General Construction
Deliverable: Construction of seven single family homeownership
opportunities, affordable at households living at 30%-80% AMI.
Council Packet Page Number 111 of 326
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Execution Copy
LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT
AFFORDABLE HOMEOWNERSHIP GRANT PROGRAM
SUBGRANT AGREEMENT
This Livable Communities Demonstration Account Affordable Homeownership Grant
Program Subgrant Agreement (the ÐSubgrant AgreementÑ) is made this ___ day of ___________,
2025 by and between the city of Maplewood (the ÐCityÑ) and Twin Cities Habitat for Humanity
(the ÐDeveloperÑ).
WHEREAS, the City encourages the creation of affordable housing by private for-profit
and nonprofit developers; and
WHEREAS, the Developer proposes to development five new single-family homes in the
Beebe Meadows subdivision which will be affordable to households at or below 80% of the area
median income (the ÐProjectÑ); and
WHEREAS, the City and the Developer identified the Metropolitan CouncilÓs Affordable
Homeownership Grant Program of the Livable Communities Demonstration Account (the ÐGrant
ProgramÑ) as a potential funding resource for the Project; and
WHEREAS, by action on December 11, 2024, Metropolitan Council awarded $525,000
(the ÐGrantÑ) to the City for the Project; and
WHEREAS, the Grant Program requires a governmental entity to act as the fiscal agent
for a private developer to access the Grant; and
WHEREAS, the Developer has requested the City to act as the fiscal agent for the sole
purpose of accessing the Grant for the Project; and
WHEREAS, the Developer has demonstrated the capacity to administer a variety of
federal, state, and local funding programs; and
WHEREAS, the City has the capacity, experience and expertise to act as the fiscal agent for
the Project; and
WHEREAS, the City and Metropolitan Council have entered into a Metropolitan Livable
Communities Act Grant Agreement (the ÐGrant AgreementÑ) regarding the Grant for the Project;
and
WHEREAS, the Grant Agreement includes an expiration date of December 31, 2027 (the
ÐExpiration DateÑ); and
WHEREAS, the Grant Agreement anticipates that the City and the Developer will enter
into an agreement to specify the terms and conditions under which Grant received by the City may
be passed on to the Developer for the benefit of the Project.
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NOW, THEREFORE, based on the mutual promises and obligations contained herein, the
City and the Developer agree as follows:
1.The Project. The Project involves the construction of five new single-family houses and
the completion of site and infrastructure improvements in the Beebe Meadows subdivision
in Maplewood in a manner consistent with the Grant Agreement summary attached as
Exhibit A and the Grant application attached as Exhibit B. Grant funds may be used by
the Developer only in conformance with the Grant Agreement, the Project summary, the
Grant application and this Subgrant Agreement. Grant funds may not be used for
reimbursement of land acquisition costs, expenses associated with the two houses which
were previously constructed, any cost or expense incurred prior to the date of this Subgrant
Agreement or any other cost or expense which is ineligible under the Grant Agreement.
2.Affirmative Fair Housing Marketing Plan. The Developer must adopt and implement
an affirmative fair housing marketing plan for all units using Grant funds for the period
of affordability specified herein. The plan must substantially conform to the
affirmative fair housing marketing plans published by the United States Department
of Housing and Urban Development (ÐHUDÑ) or the Minnesota Housing Finance
Agency and shall survive the expiration or termination of the Grant Agreement and
this Subgrant Agreement. The Developer shall provide a copy of its affirmative fair
housing marketing plan to the City.
3.Environmental Review. The Developer shall ensure that all activities at the Project
comply with applicable environmental review requirements. This includes the
completion of Phase I Environmental Site Assessment or other study and assessment
of the Project in conformance with the National Environmental Policy Act of 1967, if
necessary. The Developer shall furnish the City with a copy of any environmental
review study completed regarding the Project.
4.Indemnification. The Developer agrees to indemnify, defend and hold harmless the
City, including, without limitation, all officers, directors, members, representatives,
agents and employees of the City (together, ÐIndemnified PartiesÑ), from and against
any and all claims, suits, demands, judgments, losses, costs, fines, penalties, damages,
liabilities and expenses (including, but not limited to, court costs, expert witness fees
and attorney fees) which may be incurred by, charged to or recovered from any of the
Indemnified Parties arising directly or indirectly out of the operation or ownership of
the Project or in connection with any of the DeveloperÓs rights or obligations contained
in this Subgrant Agreement including, but not limited to, any and all claims for
damages as a result of the injury to or death of any person or persons, or damage to or
destruction of any property which arises as a result of any act or omission on the part
of the Developer or its officers, directors, partners, employees, agents, contractors,
subcontractors or otherwise regardless of where the damage, injury or death occurred,
or arising out of the failure of the Developer to keep, observe or perform any of its
obligations under this Subgrant Agreement.
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5.Loss of Grant Funds. The Grant Agreement includes provisions regarding loss of
access to and the return of Grant funds which have not been expended by the
Expiration Date. Grant funds not expended by the Expiration Date must be returned
by the City to Metropolitan Council. The Developer acknowledges such requirement
and that the full amount of the Grant may not be available to it under this Subgrant
Agreement if the Project is delayed. The Metropolitan Council retains the right to limit
or terminate the Grant Agreement under certain terms. If the Metropolitan Council
exercises that authority and limits the Grant funds available to the City, the CityÓs
obligation to the Developer under this Subgrant Agreement is automatically similarly
limited.
6.Non-Discrimination. The Developer shall not discriminate against any person or
family on the ground of race, color, national origin, sex, religion, family status or
handicap in the use, lease, rental, sale or occupancy of any residential unit in the
Project. Age discrimination and discrimination against minor dependents are also not
permitted. The Developer shall further meet the equal opportunity and fair housing
requirements of 24 CFR Part 92.257.
7.Payment Request Forms, Documentation and Disbursements. The City will
disburse Grant funds in response to written payment requests submitted by the
Developer and reviewed and approved by the City. Written requests shall be made
using payment requests forms approved by the Metropolitan Council. Payment
requests must include the following documentation: consultant/contractor invoices
showing the time period covered by the invoice; the specific Grant-funded Project
activities conducted and completed during the authorized time period within which
eligible costs may be incurred; and documentation supporting expenses including
subcontractor a consultant invoices showing unit rates, quantities, and a description of
the good or services provided. Subcontractor markups shall not exceed 10%.
8.Period of Affordability; Resale Limitations. The Developer will ensure the single
family homes constructed with Grant funds under this Subgrant Agreement will remain
affordable for a minimum period of 30 years. For purposes of this section, ÐaffordableÑ
means a house that is affordable to households at 80% or less of the Area Median
Income (AMI) as established by HUD. The Developer recognizes the importance of
resale limitations to prevent a windfall for the initial purchaser and to prolong the
affordability of the house. The Developer will enforce the resale limitations through
a mortgage, promissory note, and declaration of covenants, conditions and restrictions,
including repurchase option, or other similar documents in the general forms attached
hereto as Exhibit C.
Upon sale of a house to the initial purchaser, the Developer will provide information to the
City sufficient to verify the income eligibility of the purchaser. At the time of sale of the
house to subsequent purchasers during the period of the affordability, the Developer will
provide information to the City sufficient to verify the income eligibility of the new buyer
and compliance with the resale limitations.
3
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9.Permits, Bonds and Approvals. The City assumes no responsibility for obtaining any
applicable local, state, or federal licenses, permits, bonds, authorizations or approvals
necessary to perform or complete the Project. The Developer must comply will all
applicable local, state, or federal licenses, permits, bonds, authorizations or approval
requirements of federal, state and local governments and regulatory agencies.
10.Project Commencement; Expiration. The Project must be commenced prior to the
Expiration Date. The term ÐcommencedÑ shall have the same meaning in this Subgrant
Agreement as in the Grant Agreement. Because Grant funds will be used to cover
construction costs for five distinct single family houses, construction of each house
must commence prior to the Expiration Date to be eligible for Grant funds for that
dwelling. This Subgrant Agreement expires on the Expiration Date.
11.Reports and Records. The City is required to submit certain reports and forms to the
Metropolitan Council pursuant to the Grant Agreement. The Developer will assist in
completing and supplying information for all accounting, audit, and reporting
requirements. The Developer will report to the City on the status of Project activities and
the expenditure of the Grant funds. Submission of properly completed payment request
forms and documentation will constitute period status reports. The Developer must also
complete a close out activities report form and certification of expenditures of funds
form within 90 days after the Expiration Date. Failure by the Developer to provide the
necessary documentation and information within 90 days of the Expiration Date shall
relieve the City of the obligation to reimburse the Developer for those expenditures.
The Developer must establish and maintain accurate and complete accounts and records
relating to the receipt and expenditure of all Grant funds received under this Subgrant
Agreement. Such accounts and records shall be kept and maintained by the Developer for
a period of six years following the expenditure of the Grant funds or Project completion,
whichever occurs earlier. Accounting methods shall be in accordance generally accepted
accounting principles.
The above accounts and records of the Developer shall be audited in the same manner
as all other accounts and records of the Developer are audited and may be audited or
inspected on the DeveloperÓs premises or otherwise by individuals or organizations
designed and authorized by the City or Metropolitan Council at any time, following
reasonable notification, for a period of six years following the completion of the
Project or expenditure of the funds, whichever occurs earlier.
12.Signage/Acknowledgements. The Developer agrees to acknowledge the financial
assistance provided by Metropolitan Council in promotional materials, press releases,
reports and publications relating to the Project. The acknowledgement must contain
the following or comparable language:
ÐFinancing for this project was provided by the Metropolitan Council Metropolitan
Livable Communities FundÑ
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13.Compliance with Grant Agreement. The terms and conditions of the Grant Agreement
are incorporated by reference as if fully set forth in this Subgrant Agreement. The
Developer agrees to ensure that all activities regarding the Project and the use of Grant
funds are in compliance with the Grant Agreement, all applicable local, state and federal
laws and this Subgrant Agreement.
14.Subgrantees, Contractors, and Subcontractors. The Developer shall include in any
subgrant, contract or subcontract for Project activities all appropriate provisions to
ensure subgrantee, contractor and subcontractor compliance with all applicable local,
state and federal laws, the Grant Agreement and this Subgrant Agreement. The
Developer shall also require that contractors and subcontractors performing work
covered by this Subgrant Agreement comply with all applicable state and federal
Occupational Safety and Health Act Regulations, federal and state laws relating to
stormwater discharges including, but not limited to, any applicable requirements of the
Code of Federal Regulations, title 40, parts 122 and 123, the Metropolitan CouncilÓs
2040 Water Resources Policy Plan and the CityÓs water management plan. The
Developer shall not permit any subgrantee, subrecipient or contractor to use Grant funds
for grants or loans at any tier unless the City obtains the prior written approval from the
Metropolitan Council.
15.No Business Subsidy. The provisions of Minnesota Statutes, sections 116J.993
through 116J.995 do not apply because the assistance offered under this Subgrant
Agreement is for housing.
16.Conflict of Interest. City officials, officers and employees shall comply with all
applicable state statutory and regulatory conflict of interest laws and provisions.
17.Minnesota Law. This Subgrant Agreement shall be interpreted under the laws of
Minnesota.
18.Counterparts. This Subgrant Agreement may be executed in any number of counterparts,
each of which shall be considered one and the same instrument.
* * * * * * * * * *
5
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IN WITNESS WHEREOF, the City of Maplewood and Twin Cities Habitat for Humanity
have agreed to these terms on the date indicated below.
Twin Cities Habitat for Humanity
By:
______________ Date
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City of Maplewood
By:
Marylee Abrams, Mayor Date
By:
Michael Sable, City Manager Date
7
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EXHIBIT B
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`
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EXHIBIT C
FORM OF RESALE LIMITATION DOCUMENTS
PROMISSORY NOTE
(Subordinate Lien Mortgage Loan)
_____________, 20 ___ _______________________, Minnesota
FOR VALUE RECEIVED, the undersigned, \[FULL LEGAL NAME OF BORROWER\],
a \[single/married\] person, \[and \[FULL LEGAL NAME OF ADDITIONAL BORROWER, if any
Î delete if N/A\], a \[single/married\] person\] (individually and together, Ð Borrower Ñ), whose
address is \[Street Address\], \[City\], Minnesota, \[ZIP Code\], hereby promises to pay to TWIN
CITIES HABITAT FOR HUMANITY, INC., a Minnesota nonprofit corporation (ÐLenderÑ),
whose address is 1954 University Avenue West, Saint Paul, Minnesota 55104, at such place as
Lender may designate herein and in immediately available funds, the principal sum of
___________________________ and 00/100 DOLLARS ($__________.00) (ÐPrincipalÑ),
together with Default Interest (as defined herein) on the unpaid Principal balance as and when set
forth herein.
1. SECURED NOTE
BorrowerÓs obligations under this Note are secured by that certain Mortgage dated even
herewith (the ÐMortgageÑ) that is being recorded against BorrowerÓs property located at \[Street
Address\], \[City\], Minnesota, \[ZIP Code\] upon real property described in the Mortgage (the
ÐPropertyÑ).
2. INTEREST
This Note will not bear interest, except for Default Interest, if any.
3. PAYMENTS
(A) Time and Place of Payment
Borrower will pay the Principal amount of this Note to Lender on or before ____________,
20___ (the ÐMaturity DateÑ) (unless Principal is forgiven pursuant to Section 3(B) below) or
immediately upon: (i) a Sale (as hereinafter defined) of the Property (as hereinafter defined) by
Borrower before the Maturity Date, to the extent that proceeds of the Sale remain after Borrower
pay off the then outstanding balance of the loan evidenced by the First Mortgage Note (as defined
in Section 7 below) and secured by the Property; or (ii) BorrowerÓs default under the terms of this
Note. If the proceeds of such a Sale are sufficient to make full payment of the outstanding Principal
due under this Note and to pay fully any sums owed on the First Mortgage Note, then, subject to
Section 4 below, Borrower may retain any remaining proceeds of the Sale. Any Sale must comply
with the terms and conditions of this Note, the Mortgage, and the Declaration (as defined herein).
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For purposes of this Note, the term ÐSaleÑ and all forms and derivatives thereof shall mean any
sale, conveyance, mortgage, pledge, grant of a security interest or other transfer of the Property.
Borrower will make any payments due under this Note to Lender at 1954 University
Avenue West, Saint Paul, Minnesota 55104, or at a different place if required by the Lender.
(B) Principal Forgiveness
Subject to each Borrower under this Note owning and occupying the Property continuously
as his, her, or their principal residence and Borrower not being in default under the terms of this
Note or any other documents executed in connection herewith, $_________ of the original
Principal balance of this Note shall be forgiven by the Lender on each anniversary date of this
Note for the first seven (7) anniversary dates of this Note. The maximum amount of Principal that
may be forgiven pursuant to the foregoing sentence shall be $___________. All remaining
amounts due under this Note shall be forgiven at the time of the Maturity Date.
4. DEFAULT INTEREST, BORROWERÓS OBLIGATION TO PAY EQUITY-
SHARING FEE, AND PURCHASE OPTION
(A) Default Interest
This Note shall not bear interest, except as follows. After any default by Borrower under
this Note, the unpaid Principal balance shall bear interest (the ÐDefault InterestÑ) at a rate equal to
the lesser of eight percent (8%) per annum or the maximum rate allowed by Minnesota law, and
the Default Interest shall accrue from and after the date the Lender declares this Note due and
payable through and including the date of payment in full.
(B) Equity-Sharing Fee
Borrower has agreed to pay that certain equity-sharing fee (the ÐEquity-Sharing FeeÑ) to
Lender following BorrowerÓs sale of the Property under certain circumstances as set forth that
certain Declaration of Covenants, Conditions and Restrictions by Borrower in favor of Lender
dated even herewith and recorded against the Property (the ÐDeclarationÑ).
(C) Purchase Option
Borrower acknowledges that the Lender has retained an option to purchase the Property
under certain circumstances as set forth the Declaration.
5. AMOUNT DUE ON SALE
All outstanding Principal and other amounts owned by Borrower under this Note shall be
due and payable upon a Sale of the Property.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally
interpreted so that the Default Interest or other loan charges collected or to be collected in
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connection with this loan exceed any permitted limit, then: (a) any such loan charge shall be
reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums
already collected from Borrower which exceeded permitted limit will be refunded to Borrower.
The Lender may choose to make this refund by reducing the Principal Borrower owes under this
Note or by making a direct payment to Borrower. If such refund reduces Principal, the reduction
will be treated as a partial prepayment.
7. DEFAULT
Borrower is, on or before this date, also obtaining a first priority mortgage loan from
TCHFH Lending, Inc., and evidenced by a promissory note (the ÐFirst Mortgage NoteÑ) and
secured by a mortgage (the ÐFirst MortgageÑ). If Borrower does not pay any sum due under this
Note or the First Mortgage Note on a date that the sum is due, or if Borrower breaches any
provision or covenant contained in this Note, the Mortgage, the First Mortgage Note, the First
Mortgage, or the Declaration, Borrower will be in default under this Note. Upon the occurrence of
a default under this Note, the Lender shall have, in addition to any and all other rights and remedies
available to it, the right and option to declare the outstanding Principal balance of this Note,
together with any Default Interest, immediately due and payable without notice, demand or
presentment for payment to Borrower or others, and the right to foreclose all liens and security
interests that secure the payment of this Note and to invoke all rights and remedies related thereto.
The remedies of the Lender as provided herein shall be cumulative and concurrent, may be pursued
singly, successively, or together, at the sole discretion of the Lender and may be exercised as often
as occasion therefor shall arise. Even if, at a time when Borrower is in default, the Lender does not
require Borrower to pay immediately in full as described above, the Lender will still have the right
to do so if Borrower is in default at a later time. No act or omission by the Lender, including
specifically any failure to exercise any right or remedy, shall be deemed a waiver or release of the
same; any such waiver or release shall be effective only as set forth in a written document executed
by the Lender and then only to the extent set forth therein. If the Lender has required Borrower to
pay immediately in full as described above, the Lender will have the right to be paid back by
Borrower for all of its costs and expenses in enforcing this Note to the extent not prohibited by
applicable law, including, but not limited to, reasonable attorneysÓ fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to
Borrower under this Note will be given by delivering it or by mailing it by first class mail to
Borrower at the Property Address above or at a different address if Borrower gives the Lender a
notice of my different address.
Any notice that must be given to the Lender under this Note will be given by delivering it
or by mailing it by first class mail to the Lender at the address stated above or at a different address
if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to
keep all of the promises made in this Note, including the promise to pay the full amount owed.
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Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things.
Any person who takes over these obligations, including the obligations of a guarantor, surety, or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Lender
may enforce its rights under this Note against each person individually or against all of them
together. This means that any one of such parties may be required to pay all of the amounts owed
under this Note.
10. WAIVERS
Borrower hereby waives the rights of Presentment and Notice of Dishonor. ÐPresentmentÑ
means the right to require the Lender to demand payment of amounts due. ÐNotice of DishonorÑ
means the right to require the Lender to give notice to other persons that amounts due have not
been paid.
11. ASSIGNMENT AND AMENDMENT
Borrower understands that Lender may assign its interest in this Note and the Mortgage
without the prior consent of Borrower. Lender or any assignee of this Note who is entitled to
receive payment under this Note is called the ÐNote Holder.Ñ This Note may be modified or
discharged only pursuant to a writing duly executed by both Lender and Borrower.
12. NON-RECOURSE LOAN
BorrowerÓs obligation to repay any amounts due under this Note is nonrecourse. Borrower
shall not be deemed to be personally liable for repayment of this Note or the performance of any
of the covenants and agreements contained in this Note or the Mortgage. If the Lender shall at any
time take action to enforce the obligations of Borrower under this Note or the Mortgage, the Lender
will proceed to foreclose on the Property in lieu of instituting suit upon this Note. If, from such
foreclosure and sale of the Property, a lesser sum is realized than the amount due and owed to
Lender under this Note, the Lender shall not initiate any action, suit, claim or demand at law or in
equity against Borrower for or on account of such deficiency. Notwithstanding the foregoing,
Borrower shall at all times be and remain personally liable and obligated on a joint and severable
basis, for any and all indebtedness, liabilities and obligations of Borrower to the Lender relating
or pertaining to: (i) fraud or material misrepresentation by or on behalf of Borrower; (ii) the
commission of waste or willful damage with respect to the Property; and (iii) the nonpayment of
real estate taxes and property insurance premiums in accordance with the terms of the Mortgage.
If the Property is sold at a foreclosure sale (or other such appropriate action or proceeding),
the proceeds of such sale shall be applied first to the discharge of that portion of the indebtedness,
obligations and liabilities owed to the Lender remaining unpaid, as to which Borrower is not fully
personally liable, it being the intention that the application of the proceeds of any such sale shall
be in such manner as not to extinguish or reduce BorrowerÓs personal liability until all the
indebtedness, obligations and liabilities owed to Lender for which Borrower is not personally
liable have been paid in full. It is expressly understood and agreed that nothing contained in this
paragraph shall in any manner or way constitute or be deemed to be a release or impairment of the
indebtedness, obligations and liabilities evidenced by this Note, the Mortgage or any other related
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documents, or otherwise affect or impair the LenderÓs ability to enforce his, her or its rights to and
against the Property.
13. GOVERNING LAW
This Note shall be governed by and construed in accordance with the laws of the State of
Minnesota.
\[The remainder of this page has been left blank intentionally\]
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IN WITNESS WHEREOF, Borrower has executed this Promissory Note as of the date first
above written.
BORROWER:
\[Type Name\]
\[Type Name\]
Lender: Twin Cities Habitat for Humanity, Inc.
NMLSR ID # 400065
Loan Originator: ____________________
NMLSR ID #: ______________
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\[TOP 3 INCHES ABOVE THIS LINE RESERVED FOR RECORDING DATA\]
MORTGAGE
THIS MORTGAGE (the Ð Mortgage Ñ), dated as of ____________, 20__, is given by \[FULL
LEGAL NAME OF BORROWER\], a \[single/married\] person, \[and \[FULL LEGAL NAME OF
ADDITIONAL BORROWER, if any Î delete if N/A\], a \[single/married\] person\] (individually and
together, Ð Borrower Ñ), whose address is \[Street Address\], \[City\], Minnesota, \[ZIP Code\], to
TWIN CITIES HABITAT FOR HUMANITY, INC., a Minnesota nonprofit corporation
(Ð Lender Ñ), whose address is 1954 University Avenue West, Saint Paul, Minnesota 55104.
RECITALS
Borrower is justly indebted to Lender in the principal amount of
__________________________ Dollars and 00/100 ($___________), as evidenced by that certain
Promissory Note (the Ð Note Ñ) of even date herewith, from Borrower payable to the order of
Lender, which Note is fully incorporated herein by reference and is secured hereby. The Note
shall mature on or before _______________, 20__, \[thirty (30)\] years after the first day of the
second calendar month after the date of this Mortgage.
THEREFORE, in consideration of the loan made by Lender to Borrower, Borrower hereby
covenants to Lender as follows:
1. Mortgage. To secure the repayment of the Note and all renewals, extensions and
modifications of the Note, and to secure BorrowerÓs performance of the covenants and
agreements contained in the Note and herein, Borrower hereby mortgages, grants and
conveys to Lender with power of sale, the real property located in ______________
County, State of Minnesota, legally described on Exhibit A that is attached hereto and
incorporated herein by reference, together with all tenements, appurtenances, easements,
hereditaments, privileges, minerals and mineral rights, water and water rights, buildings,
fixtures, and improvements now or hereafter erected or located on the above-described real
property (the Ð Mortgaged Premises Ñ). Borrower is using, has used, or will be using all
or a portion of the loan proceeds evidenced by the Note for the payment of the purchase
price in connection with BorrowerÓs purchase of the Mortgaged Premises. This Mortgage
is a purchase-money mortgage.
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2. Statutory Covenants. Borrower makes and includes in this Mortgage the statutory
covenants and other provisions set forth in Minnesota Statutes, Section 507.15, and the
Borrower, as mortgagor, covenants with the Lender, as mortgagee, the following statutory
covenants:
a. To warrant title to the Mortgaged Premises, subject to the Permitted Encumbrances,
if any, as set forth on Exhibit B;
b. To pay the indebtedness as herein provided;
c. To pay all taxes and assessments now due or that may hereafter become liens
against the Mortgaged Premises before penalty attaches thereto;
d. To keep all buildings insured against fire and against other hazards specified by
Lender for an amount not less than the full replacement cost for the protection of
Lender, including, but not limited to, lightning, hazards under the usual Ðextended
coverageÑ endorsement, and all other hazards and risks of direct physical loss
occasioned by any cause whatsoever, subject only to any exceptions and exclusions
agreed to in writing by Lender. Such policy of insurance shall be delivered to
Lender, name Lender as loss payee under the so-called standard mortgagee clause,
contain no pro rata reduction provision, provide for not less than thirty (30) daysÓ
notice to Lender of cancellation of said policy, and shall be written by insurance
carriers approved by Lender, which approval shall not be unreasonably withheld;
e. To keep the Mortgaged Premises in good repair and commit no waste; and
f. That the whole of the indebtedness secured hereby shall become due after default
in the payment of any tax, or in the performance of any other covenant contained
herein, at the option of Lender.
3. Liens. This Mortgage shall be subordinate to a first mortgage (the ÐFirst MortgageÑ)
executed and delivered on this date by Borrower to _________________ (the ÐFirst
LenderÑ) encumbering the Mortgage Premises and securing that certain first mortgage
promissory note of even date herewith by Borrower in favor of the First Lender (the ÐFirst
Mortgage NoteÑ). Except for First Mortgage and any other liens and encumbrances, if
any, listed on Exhibit B attached hereto or consented to in writing by or granted to Lender
(ÐPermitted EncumbrancesÑ), Borrower will keep the Mortgaged Premises free from all
liens (other than liens for taxes, assessments on mechanicsÓ liens not yet due and payable)
and encumbrances of every nature whatsoever heretofore or hereafter arising and, upon
written demand of Lender, Borrower will pay and procure the release of any such lien or
encumbrances.
4. Additional Covenants and Agreements of Borrower. Borrower makes the following
additional covenants and agreements with Lender:
a. Any award of damages under condemnation or payment in lieu thereof for injury
to or the taking of all or any part of the Mortgaged Premises are hereby assigned to
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Lender and shall be paid first, for amounts due and payable to Lender with authority
to apply the award or payment to the indebtedness outstanding on the Note.
b. Any proceeds of any insurance payable by reason of loss or damage to the
Mortgaged Premises are hereby assigned to Lender and shall be paid first, for
amounts due and payable to Lender with authority to apply the proceeds to the
indebtedness outstanding on the Note.
c. Borrower shall hold Lender harmless from all costs and expenses in connection
with establishing the priority of this Mortgage, and, if Lender becomes a party to
any mechanicÓs lien suit or other proceeding relating to the Mortgaged Premises or
to this Mortgage, Borrower shall reimburse Lender for LenderÓs reasonable
attorneysÓ fees, costs, and expenses in connection with said suit or proceeding.
d. Borrower shall not sell, convey, mortgage, lease, pledge, grant a security interest
in, or otherwise transfer or encumber all or any part of the Mortgaged Premises or
any interest therein without the prior written consent of Lender.
e. Borrower shall pay the principal and interest, when due, on the First Mortgage Note
and other encumbrances prior to this Mortgage.
f. Borrower shall promptly pay when due all charges for utilities or other services to
the Mortgaged Premises including, but not limited to, water, sanitary sewer,
electricity, gas, telephone, and trash and garbage removal and, upon request of
Lender, shall provide evidence of such payment.
g. Borrower shall use and occupy the Mortgaged Premises solely as BorrowerÓs
principal residence, and shall occupy the Mortgaged Premises for at least eight (8)
consecutive months of each calendar year for the life of the Mortgage unless Lender
otherwise agrees in writing.
h. Borrower shall not lease, rent, or otherwise use the Mortgaged Premises for the
production of income. Nothing in this covenant shall prohibit the Borrower from
receiving payments from members of BorrowerÓs family in compensation for room
and board.
i. If the Mortgaged Premises is subject to declaration or restrictive covenants (the
ÐDeclarationÑ) for the benefit of a property ownerÓs association, Borrower shall: (i)
timely pay, or cause the payment of, all assessments (if any), levied by the property
ownerÓs association against the Mortgaged Premises pursuant to the terms and
conditions of the Declaration or any amendments thereto; and (ii) comply with all
of the terms and conditions of the Declaration.
j. If the Mortgaged Premises is a unit in a condominium or a planned unit
development, Borrower shall perform all of BorrowerÓs obligations under the
Declaration or covenants creating or governing the condominium or planned unit
development, the by-laws and regulations of the condominium or planned unit
development, and constituent documents.
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k. If any of the Mortgaged Premises is located in a federally designated flood prone
area, and if flood insurance is available for that area, Borrower shall procure and
maintain flood insurance in amounts reasonably satisfactory to Lender. Borrower
shall also procure and maintain liability insurance against claims for bodily injury,
death, and property damage occurring on or about the Mortgaged Premises in
amounts reasonably satisfactory to Lender and naming Lender as an additional
insured, all for the protection of Lender.
5. Further Covenants and Agreements of Borrower. Borrower makes the following additional
covenants and agreements with Lender:
a. Borrower shall be responsible for the upkeep and maintenance of the Mortgaged
Premises, including without limitation: the dwelling; garage or storage building
initially constructed by Lender (hereinafter, the Ð Garage Ñ), if any; patio; and all
other areas, features or parts of the Mortgaged Premises, and Borrower shall
maintain the same free of hazardous substances, vermin, cockroaches, pests and
debris which may pose a threat to the health or safety of occupants of the Property
or the neighborhood. Borrower will maintain the Mortgaged Premises in good
condition and repair. Without limiting the generality of the foregoing, Lender may
require Borrower to remove offending items, or to use a professional exterminator,
and upon BorrowerÓs failure to do so, Lender after reasonable notice may enter the
Mortgaged Premises with a professional exterminator or other appropriate
contractor and take corrective action, charging Borrower the reasonable cost
thereof. Borrower shall do no act, nor any work, that will impair the structural
soundness or integrity of the dwelling or Garage, nor do any act, nor allow any
condition to exist, which will adversely affect the value of the Mortgaged Premises.
b. No residential or other building, and no fence, wall, patio, Garage, outbuilding or
other structure, nor any wire, pipe, cesspool, septic tank, well, path, walkway, tree,
hedge, driveway, aerial, antenna, or exterior ornament of any kind, nor any
addition, removal, alteration, raising, lowering, or remodeling thereof, including
change of color, repainting or redecorating of the exterior, shall be made, erected,
altered, placed or permitted to remain on any portion of the Mortgaged Premises
unless the structure and improvements (i) are constructed in a good and workman
like manner, (ii) comply with all city/state code requirements, and (iii) are in
harmony with respect to the external design and location in relation to surrounding
buildings and as to general appearance and quality. Lender reserves the right to
review any exterior addition or improvement and to require the repair or removal
of any exterior addition or improvement that does not, at LenderÓs sole discretion,
meet the forgoing standards. Any such structure or improvement which in the
judgment of Lender is a detriment to the appearance of the Mortgaged Premises
shall be corrected to conform to the plans and specifications as submitted.
c. Lender shall have the right to order Borrower to remove or alter any structure on
the Mortgaged Premises erected in violation of the terms of this Mortgage, and to
employ appropriate judicial proceedings to compel the alteration or demolition of
any nonconforming construction or other violation; or take whatever other steps are
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deemed necessary to cure such violation. Any cost incurred by Lender shall
automatically become a part of the principal secured hereby and immediately
become due and payable.
d. Nothing shall be done or kept on the Mortgaged Premises or any part thereof which
would be in violation of any statute, rule, ordinance, regulation, permit or other
validly imposed requirement of any governmental body. No damage to, or waste
of, the Mortgaged Premises and buildings thereon shall be committed by Borrower
or any guest or invitee of Borrower, and Borrower shall be responsible for the repair
or replacement of any such damage or waste caused by Borrower or BorrowerÓs
guests or invitees. No noxious, destructive, or offensive activity shall be allowed
on the Mortgaged Premises or any part thereof, nor shall anything be done thereon
which may be or may become a nuisance to neighboring property owners or the
public.
e. All parts of the Mortgaged Premises visible from outside the Mortgaged Premises,
shall be kept free and clear of all rubbish, debris, and other unsightly materials.
f. No structures of a temporary character shall be kept on the Mortgaged Premises,
except that a trailer, boat, camper-bus, or tent may be kept on the Mortgaged
Premises if it is currently licensed by the State and is maintained in proper working
order and it is not kept in an unsightly manner. No trailer, boat, camper-bus, tent,
shack, Garage, or other building (except for the dwelling constructed by Lender)
may be used at any time as a residence or sleeping quarters, either temporarily or
permanently.
6. Assignment of Leases and Rents. As additional security for the payment of the debts
represented by the Note and any amounts that Borrower is obligated to pay pursuant to this
Mortgage, Borrower hereby assigns to Lender (the Ð Assignment Ñ) all leases now or
hereafter affecting the Mortgaged Premises (the Ð Leases Ñ) and all rents and profits due or
to become due with respect thereto (the Ð Rents Ñ), whether before or after foreclosure or
during any redemption period after foreclosure sale, and Borrower hereby further agrees
that Lender shall have the power pursuant to this Assignment irrevocably to manage,
control, and lease the Mortgaged Premises. Upon the occurrence of an Event of Default
hereunder and without regard to waste, adequacy of the security, or solvency of the
Borrower, Lender may, at its option, either:
a. Apply to the Minnesota District Court for the county in which the Mortgaged
Premises is located for the appointment of a receiver under Minn. Stat. Section
559.17. Lender shall be entitled to such appointment upon showing that an Event
of Default has occurred. The receiver shall apply all rents and profits collected from
the date of appointment through the redemption period, first as provided in Minn.
Stat. Section 576.01, Subd. 2, and thereafter apply the same to the payment of the
following items in the order indicated: first, to the payment of any amounts
incurred by Lender pursuant to Section 6 herein; second, to the payment of principal
and interest on any prior mortgages; third, to the payment of any other prior liens
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or encumbrances; and fourth, to the payment of principal and interest on the Note;
or
b. Collect all rents and profits from the occupiers of the Mortgaged Premises upon the
filing by the Lender, in the appropriate office of the county in which the property
is located, of a notice of the occurrence of an Event of Default in the terms and
conditions of this Mortgage and the service of said notice of default upon the
occupiers of the Mortgaged Premises. From such date of filing and service through
the redemption period, Lender shall first apply all rents and profits so collected in
the same manner provided in Section 6(a) above. If Lender exercises its rights
under this provision, it shall not, solely by reason thereof, be deemed to be a
ÐLender-in-possessionÑ of the Mortgaged Premises.
7. Payment by Lender. If Borrower fails to pay taxes and assessments, prior liens or
encumbrances, expenses and attorneysÓ fees as above specified, to insure said buildings,
improvements, and fixtures, or deliver the insurance policies as aforesaid, Lender may pay
such taxes, assessments, prior liens, expenses, and attorneysÓ fees and interest thereon, or
obtain such insurance coverage. Any sum so paid by Lender shall be additional
indebtedness of Borrower, bear interest from the date of such payment at the lesser of the
rate set forth in the Note or the maximum rate permitted by applicable Minnesota law, be
an additional lien upon the Mortgaged Premises, and be immediately payable to Lender
upon written demand. This Mortgage secures the repayment of such advances.
8. Events of Default/Acceleration of Maturity. At the option of Lender and in addition to
LenderÓs rights to accelerate the maturity of the indebtedness secured hereby as set forth
in the statutory covenants, the entire remaining indebtedness secured by this Mortgage,
with any interest thereon as set forth in the Note, shall become immediately due and
payable in full upon the occurrence of any of the following, each of which is herein referred
to as an Ð Event of Default:Ñ
a. A default by Borrower under the terms of the Note;
b. A default by Borrower in the performance of any other covenants or agreements
contained herein;
c. A default by Borrower under the terms of the First Mortgage, the First Mortgage
Note, the Habitat Declaration, or any other documents executed in connection with
the indebtedness evidenced by the Note and secured hereby;
d. If Borrower shall: (1) apply for or consent to the appointment of a receiver, trustee,
or liquidator of himself or herself or of his or her property; (2) be unable to admit
in writing his or her ability to pay his or her debts as they mature; (3) make a general
assignment for the benefit of creditors; (4) be adjudicated a bankrupt or insolvent;
or (5) file a voluntary petition in bankruptcy or a petition or answer seeking
reorganization or an arrangement with creditors or take advantage of any
insolvency law or file any answer admitting the material allegations of a petition
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filed against him or her in any bankruptcy, reorganization, or insolvency
proceeding; or
e. The use of the Mortgaged Premises, or any part thereof, by Borrower, or others
acting under BorrowerÓs control, for any unlawful activity which is a violation of
any local, state or federal law, including without limitation the manufacturing,
selling, giving away, bartering, delivering, exchanging, distributing or possession
with intent to manufacture, sell, give away, barter, deliver, exchange, or distribute
a controlled substance.
9. Statutory Power of Sale. At maturity, whether at the stated time or prior thereto by the
acceleration of maturity pursuant hereto, Lender (in addition to any other remedies
provided for herein or which it may have at law or in equity) shall have the statutory power
of sale, and on foreclosure may retain statutory costs and attorneysÓ fees.
10 WAIVER OF NOTICE AND HEARING. BORROWER HEREBY EXPRESSLY:
a. CONSENTS TO THE FORECLOSURE AND SALE OF THE MORTGAGED
PREMISES, AT THE OPTION OF LENDER, BY ADVERTISEMENT
PURSUANT TO MINNESOTA STATUES, CHAPTER 580, WHICH
PROVIDES FOR SALE AFTER SERVICE OF NOTICE THEREOF UPON THE
OCCUPANT OF THE MORTGAGED PREMISES AND PUBLICATION OF
SAID NOTICE FOR SIX WEEKS IN THE COUNTY IN MINNESOTA WHERE
THE MORTGAGED PREMISES IS SITUATED;
b. ACKNOWLEDGES THAT SERVICE OF SUCH NOTICE MUST BE MADE
UPON BORROWER PERSONALLY ONLY IF BORROWER IS AN
OCCUPANT OF THE MORTGAGED PREMISES, AND THAT NO HEARING
OF ANY TYPE IS REQUIRED IN CONNECTION WITH THE SALE; AND
c. EXCEPT AS MAY BE PROVIDED IN SAID STATUTES, WAIVES ANY AND
ALL RIGHT TO PRIOR NOTICE OF SALE OF THE MORTGAGED PREMISES
AND ANY AND ALL RIGHT TO A PRIOR HEARING OF ANY TYPE IN
CONNECTION WITH THE FORECLOSURE SALE OF THE MORTGAGED
PREMISES.
11. Habitat Declaration. As a condition to providing the loan evidenced by the Note and
secured by this Mortgage, Lender has required Borrower to execute and record against the
Mortgaged Premises that certain Declaration of Covenants, Conditions and Restrictions
dated even herewith (the Ð Habitat Declaration Ñ), whereby Borrower has agreed to grant
a purchase option in favor of Lender to purchase the Mortgaged Premises, and, if
applicable, to pay that certain equity-sharing fee to Lender, each in accordance with the
terms and conditions set forth therein. Any default by Borrower under the Habitat
Declaration shall be an Event of Default under this Mortgage.
12. Notices. All notices given by Borrower or Lender in connection with this Mortgage must
be in writing. Any notice to Borrower in connection with this Mortgage shall be deemed
to have been given to Borrower when mailed by first class mail, postage prepaid, or when
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actually delivered to BorrowerÓs notice address if sent by other means. Notice to any one
Borrower shall constitute notice to all Borrowers unless applicable law expressly requires
otherwise. The notice address shall be the Mortgaged PremisesÓ address unless Borrower
has designated a substitute notice address by notice to Lender. Borrower shall promptly
notify Lender of BorrowerÓs change of address. If Lender specifies a procedure for
reporting BorrowerÓs change of address, then Borrower shall only report a change of
address through that specified procedure. There may be only one designated notice address
for Borrower at any one time. Any notice to Lender shall be given by delivering to it or by
mailing it by first class mail, postage prepaid, to LenderÓs address stated herein unless
Lender has designated another address by notice to Borrower. Any notice in connection
with this Mortgage shall not be deemed to have been given to Lender until actually received
by Lender. If any notice required by this Mortgage is also required under applicable law,
the applicable law requirements will satisfy the corresponding requirement under this
Mortgage.
13. BorrowerÓs Copy. Borrower shall be given one conformed copy of the Note and this
Mortgage at the time such documents are executed or within a reasonable time thereafter.
14. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this
Mortgage. Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Mortgage, but only if the fee is paid to a third party for services actually
rendered and the charging of the fee is permitted by applicable law.
15. Waiver of Homestead. Borrower waives all right of homestead exemption in the Mortgaged
Premises.
16. Further Assurances. At any time and from time to time, upon request by Lender, Borrower
will make, execute and deliver or cause to be made, executed and delivered, to Lender, any
and all other amendments to this Mortgage, further instruments, certificates, and other
documents as may, in the reasonable opinion of Lender, be necessary or desirable in order
to effectuate, complete, clarify, further describe, correct, or to continue and preserve, the
obligations of Borrower under this Mortgage or under any other loan documents
evidencing the indebtedness secured hereby. Upon any failure by Borrower to do so,
Lender may make, execute, and record any and all such amendments, instruments,
certificates, and documents for and in the name of Borrower and Borrower hereby
irrevocably appoints Lender as its agent and attorney in fact of Borrower so to do.
17. Miscellaneous. This Mortgage shall be governed by and construed in accordance with the
laws of the State of Minnesota and shall inure to the benefit of Lender and its successors
and assigns. Any forbearance by Lender in exercising any right or remedy hereunder, or
otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of
any such right or remedy. The procurement of insurance or the payment of taxes or other
liens or charges by Lender shall not be a waiver of LenderÓs right to accelerate the maturity
of the indebtedness secured by this Mortgage. If any provision hereof is determined to be
unenforceable or invalid, such provision or such part thereof as may be unenforceable or
invalid shall be deemed severed from this Mortgage, and the remaining provisions shall be
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carried out with the same force and effect as if the severed provision or part had not been
made a part hereof.
SIGNATURE PAGE FOLLOWS
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained
in this Mortgage as of the date first above written.
BORROWER:
\[Type Name\]
\[Type Name\]
STATE OF MINNESOTA )
) ss.
COUNTY OF ____________)
The foregoing instrument was acknowledged before me this ___ day of
______________________, 20____, by ____________________________, a \[single or married\]
person and __________________________,a \[single or married\] person.
____________________________________
Notary Public
This Instrument Was Drafted By:
Twin Cities Habitat for Humanity, Inc.
1954 University Avenue West
Saint Paul, Minnesota 55104
Lender: Twin Cities Habitat for Humanity, Inc.
NMLSR ID #: 400065
Loan Originator: _______________
NMLSR ID #: ________________
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EXHIBIT A
to
MORTGAGE
Legal Description of Mortgage Premises:
\[Insert\]
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EXHIBIT B
to
MORTGAGE
Permitted Encumbrances
1. The First Mortgage (as defined herein).
2. The Habitat Declaration (as defined herein).
3. Any encumbrances disclosed in any lenderÓs policy of title insurance, if any, obtained by
Lender in connection with this Mortgage.
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DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (this
ÐDeclarationÑ) is made as of ___________, 20___, by \[FULL LEGAL NAME OF
DECLARANT\], a \[single/married\] person, \[and \[FULL LEGAL NAME OF ADDITIONAL
DECLARANT, if any Î delete if N/A\], a \[single/married\] person\] (individually and together,
Ð Declarant Ñ), in favor of TWIN CITIES HABITAT FOR HUMANITY, INC., a Minnesota
nonprofit corporation, and its successors and assigns (ÐHabitatÑ).
RECITALS:
A. Declarant has agreed to purchase from Habitat, and Habitat has agreed to sell to
Declarant, that certain single-family residence located at \[full property address\] upon real property
legally described on Exhibit A hereto (the ÐPropertyÑ).
B. Habitat has provided one or more of the following forms of assistance to Declarant
to enable Declarant to purchase the Property and to otherwise provide ongoing benefits to the
Property, as applicable: affordability gap or downpayment assistance, homebuyer education
courses, incurring development costs in connection with the Property not included in the purchase
price being paid by Declarant, one or more Loans (as defined herein) from Habitat or its affiliates
to finance DeclarantÓs purchase of the Property, and/or assisting Declarant with obtaining gap
financing from third party sources to be used in connection with DeclarantÓs purchase of the
Property (collectively, the ÐHabitat AssistanceÑ).
C. As a condition to Habitat providing the Habitat Assistance and furthering HabitatÓs
charitable purpose, Habitat requires Declarant to execute and deliver this Declaration whereby (i)
Declarant agrees to use and occupy the Property solely as DeclarantÓs principal residence and shall
occupy the Property for at least eight (8) months of each calendar year, (ii) Declarant will grant to
Habitat an option to purchase the Property under the terms and conditions set forth herein in order
to ensure that the Property continues to be utilized as a single family residence for low-income
households, (iii) Declarant will agree to share a portion of any increased value of the Property with
Habitat or a future owner of the Property upon any future sale of the Property, as applicable, and
(iv) such other matters set forth below.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Declarant does hereby impose upon the Property and hereby represents,
covenants, and agrees that the following covenants, conditions, and restrictions shall be
covenants running with the land, shall be binding upon Declarant, DeclarantÓs successors and
assigns, and shall inure to the benefit of Habitat and its successors and assigns, as follows:
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1. Definitions. As used in this Declaration, the following capitalized terms shall have the
following meanings:
a. ÐElection NoticeÑ shall have the meaning assigned to such term in Section 3.b. of
this Declaration.
b. ÐEquity Sharing FeeÑ shall have the meaning assigned to such term on Exhibit B
hereto.
c. ÐHabitat AssistanceÑ shall have the meaning assigned to such term in the Recitals
to this Declaration.
d. ÐLoanÑ or ÐLoansÑ shall mean one or more loans from Habitat or its affiliates to
Declarant in connection with DeclarantÓs purchase of the Property.
e. ÐLoan DocumentsÑ shall collectively mean any promissory note, mortgage, and any
other documents executed in connection with a Loan from Habitat to Declarant.
f. ÐOption Purchase PriceÑ shall mean an amount equal to the greater of (i) the then-
current Property Fair Market Value, or (ii) the aggregate amounts due and payable
to Habitat under any outstanding Loans from Habitat to Declarant as of the closing
of the Sale of the Property to Habitat.
g. ÐPropertyÑ shall have the meaning assigned to such term in the Recitals to this
Declaration.
h. ÐProperty Fair Market ValueÑ shall have the meaning assigned to such term in
Section 3.c. of this Declaration.
i. ÐPurchase AgreementÑ shall have the meaning assigned to such term in Section 3.d.
of this Declaration.
j. ÐPurchase OptionÑ shall have the meaning assigned to such term in Section 3 of
this Declaration.
k. ÐQualified BuyerÑ shall have the meaning assigned to such term in Section 3.e. of
this Declaration.
l. ÐSaleÑ shall have the meaning assigned to such term in Section 3 of this
Declaration.
m. ÐSale NoticeÑ shall have the meaning assigned to such term in Section 3.a. of this
Declaration.
2. Runs with the Land. Declarant intends, declares, and covenants that the covenants set forth
herein governing the use, occupancy, and transfer of the Property shall be and are covenants
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running with the Property for the term stated herein and binding upon all subsequent
owners of the Property for such term, and are not merely personal covenants of Declarant.
3. Purchase Option. In the event Declarant intends to sell or convey the Property or any
portion thereof (a ÐSaleÑ) during the term of the Declaration, Declarant irrevocably grants
to Habitat the option to purchase the Property for an amount equal to the Option Purchase
Price in accordance with the terms and conditions of this section (the ÐPurchase OptionÑ).
a. If Declarant desires to undertake a Sale of the Property, Declarant shall provide
written notice to Habitat (ÐSale NoticeÑ) at least thirty (30) days before any of the
following events: (i) listing the Property for sale; (ii) making a formal offer to sell
the Property to a third party; or (iii) accepting an offer from a third party seeking to
purchase the Property. The Sale Notice shall describe the portion of the Property
that will be impacted by such proposed Sale, the desired closing date, and any other
relevant terms of the desired Sale of the Property reasonably required by Habitat.
b. If Habitat desires to exercise the Purchase Option, Habitat shall notify Declarant in
writing of its intention to exercise the Purchase Option to purchase all of the
Property within thirty (30) days after Habitat receives the Sale Notice from
Declarant (the ÐElection NoticeÑ).
c. Within ten (10) business days after the date of the Election Notice, Habitat shall
engage an appraiser to determine the current fair market value of the Property (the
ÐProperty Fair Market ValueÑ). The cost of the appraisal in connection with the
first Sale Notice delivered by Declarant shall be split equally between Habitat and
Declarant and shall be paid at closing. Any additional appraisals that become
necessary in connection with any subsequent Sale Notice shall be paid for solely
by Declarant at the time the appraisal is ordered. Promptly after HabitatÓs receipt
of any appraisal that has accurately determined the Property Fair Market Value in
HabitatÓs reasonable opinion, Habitat will determine the Option Purchase Price and
provide such calculation to Declarant. Notwithstanding anything to the contrary
herein, Habitat may retract its Election Notice at any time prior to the execution of
a Purchase Agreement (as defined below).
d. Within thirty (30) days after the Option Purchase Price has been determined,
Declarant and Habitat shall negotiate in good faith and enter into a purchase
agreement (a ÐPurchase AgreementÑ) for the Property, which Purchase Agreement
shall include the following terms: (i) Declarant shall sell the Property to Habitat for
an amount equal to the Option Purchase Price, (ii) a closing date for the Sale of the
Property to Habitat that is not later than six (6) months after the date of the Sale
Notice, (iii) Habitat shall have a right to terminate the Purchase Agreement without
penalty after completing its due diligence review, (iv) customary prorations and
sharing of closing costs between Habitat and Declarant, and (v) other reasonable
closing terms that are customary for similar transactions. Habitat shall be
responsible for the costs of drafting the Purchase Agreement.
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e. If Habitat does not elect to exercise the Purchase Option, Declarant may only sell
the Property under terms consistent with the Sale Notice to a buyer that meets the
following criteria: (i) verified annual gross income that is at or below \[___%\] area
median income, adjusted for family size, as determined by the United States
Department of Housing and Urban Development, and (ii) such buyer intends to use
the Property as such buyerÓs primary residence (a ÐQualified BuyerÑ). Declarant
shall cause such buyer to provide reasonable documentation and/or certifications to
Habitat to confirm that the buyer meets the criteria to be a Qualified Buyer. Upon
the closing of such Sale of the Property to a Qualified Buyer, Declarant shall (i)
repay any and all sums due under any outstanding Loans, and (ii) any Equity
Sharing Fee that is due and payable to Habitat.
f. Notwithstanding anything to the contrary herein, during the term of this
Declaration, the Purchase Option shall remain in place for all future proposed Sales
of the Property regardless of whether Habitat has previously exercised or not
exercised the Purchase Option in connection with any prior Sale.
g. Any Sale of the Property not made in compliance with the requirements of this
Declaration shall be null and void.
4. Equity Sharing Fee. Declarant acknowledges and agrees that in furtherance of HabitatÓs
mission, Declarant is required to preserve a portion of any future appreciation in value of
the Property to ensure that the Property will remain affordable to potential low- and
moderate-income homebuyers in need of assistance from Habitat following any Sale of the
Property. In order to accomplish such requirement, Declarant agrees to pay any Equity
Sharing Fee required under the terms and conditions set forth on Exhibit B hereto.
Notwithstanding anything to the contrary herein, during the term of this Declaration,
Declarant and any successors and assigns of Declarant shall be required to pay the Equity
Sharing Fee in connection with any and all future proposed Sales of the Property regardless
of whether the Equity Sharing Fee was previously paid in connection with a prior Sale.
5. Term. This Declaration shall remain in full force and effect for a term of thirty (30) years
from the date hereof. Declarant declares, represents, covenants, and agrees for Declarant
and DeclarantÓs successors and assigns that the agreements set forth herein for the entirety
of the foregoing term are independent of the existence of any Loan and that the provisions
of this Declaration will survive (i) the termination or extinguishment of any Loan and/or
Loan Documents executed in connection with any such Loan, (ii) the termination of any
financing or security instruments placed of record by other lenders, and (iii) any Sale of
the Property.
6.Reasonable Terms. Declarant agrees that this Declaration constitutes a reasonable burden
on the Property in light of the financial benefits and other consideration given to Declarant
by Habitat, which benefits include, but are not limited to, the Habitat Assistance.
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7. Remedies. Habitat, or its successors and assigns, may initiate and prosecute any
proceedings at law or in equity to abate, prevent, or enjoin any violation, or to specifically
enforce the terms and conditions of this Declaration, or to recover damages caused by such
violation or attempted violation. No delay in enforcing the provisions of this Section will
waive HabitatÓs right to enforce that violation at any later time. Declarant shall be
responsible for any and all reasonable attorneysÓ fee or other expenses incurred by Habitat
under any action pursued by Habitat under this section.
8. Further Assurances. At any time and from time to time, upon request by Habitat, Declarant
will make, execute and deliver or cause to be made, executed and delivered, to Habitat, any
and all other amendments to this Declaration, further instruments, certificates, and other
documents as may, in the reasonable opinion of Habitat, be necessary or desirable in order
to effectuate, complete, clarify, further describe, correct, or to continue and preserve, the
obligations of Declarant under this Declaration. Upon any failure by Declarant to do so,
Habitat may make, execute, and record any and all such amendments, instruments,
certificates, and documents for and in the name of Declarant and Declarant hereby
irrevocably appoints Habitat as its agent and attorney in fact of Declarant so to do.
9. Successors and Assigns. The covenants and agreements contained herein shall bind, and
the rights hereunder shall inure to, the respective successors and assigns of Declarant and
Habitat.
10. Severability. The invalidity or unenforceability of any provision hereof shall in no way
affect the validity or enforceability of any other provision.
11. Amendment. Except as otherwise set forth in this Declaration, the provisions of this
Declaration may not be amended during the term of this Declaration except by an
instrument in writing executed by Declarant and Habitat, or their respective successors or
assigns.
12. Notices. Any notice, request, demand, or other communication permitted or required
hereunder shall be deemed duly given if delivered or mailed postage prepaid, certified or
registered, as follows:
If to Declarant: \[ \]
If to Habitat: Twin Cities Habitat for Humanity, Inc.
1954 University Avenue West
Saint Paul, Minnesota 55104
Attention: Chief Real Estate Officer
13.Headings. The headings of the sections contained herein are for convenience only and are
not to be construed to be a part of or limit or affect the terms hereof.
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14. Governing Law. The validity, construction and enforceability of this Declaration shall be
governed by the internal laws of the State of Minnesota, without giving effect to conflict
of laws principles thereof.
15. Recitals. Declarant agrees that the recitals set forth above are true and correct in all respects
and form an integral part of this Declaration.
\[Signature Page Follows\]
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IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date first
written above.
DECLARANT:
_____________________________________
\[Full Legal Name\]
_____________________________________
\[Full Legal Name\]
\[Delete reference to additional Declarant if only one person signing. For married persons,
both should sign regardless of whether both are on title to the property or not\]
STATE OF MINNESOTA )
)
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ____ day of ___________, 20___,
by ______________________, a \[single/married\] \[person\[, and ________________________, a
\[single/married\] person\].
My Commission expires ____________________
This Instrument Drafted By:
Twin Cities Habitat for Humanity, Inc.
1954 University Avenue West
Saint Paul, Minnesota 55104
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EXHIBIT A
Legal Description of the Property
\[Insert legal description\]
A-1
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EXHIBIT B
Equity Sharing Fee
For good and valuable consideration, including, but not limited to, the Habitat Assistance,
Declarant agrees to pay the Equity Sharing Fee (as defined below) to Habitat upon the closing of
any Sale of the Property to any party, including Habitat following its exercise of the Purchase
Option, during the term of this Declaration as follows:
a. For purposes of this Declaration, the term ÐEquity Sharing FeeÑ means an amount
equal to seventy-five percent (75%) of the difference between (i) the current
Property Fair Market Value, less (ii) the original purchase price for the Property
paid by Declarant, plus the aggregate amount of capital improvements made to the
Property during the time Declarant has owned the Property, as determined by
Habitat in accordance with its Capital Improvements Credit Policy in effect at the
time the Equity Sharing Fee is calculated. Declarant acknowledges and agrees that
such Capital Improvements Credit Policy may be modified from time to time by
Habitat in its sole discretion.
b. Declarant shall provide Habitat with written notice of any proposed Sale at least
sixty (60) days prior to the anticipated closing of such Sale. Such notice shall
include the expected purchase price, the anticipated closing date of such Sale,
evidence that the proposed buyer is a Qualified Buyer, and the name and contact
information for the title company assisting with the Sale. Within sixty (60) days of
its receipt of such notice, Habitat will provide Declarant with an estimated Equity
Sharing Fee due and payable to Habitat, if any.
c. Any Equity Sharing Fee owed to Habitat shall be payable either (i) in cash directly
to Habitat from the title company assisting with such closing, or (ii) Habitat shall
have the option to instead receive a deemed payment of the Equity Sharing Fee in
the form of reduction of the purchase price due from the buyer to Declarant at the
closing of the Sale.
B-1
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G4
CITY COUNCIL STAFF REPORT
Meeting Date May 27, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Danette Parr, Community Development Director
PRESENTER:Danette Parr, Community Development Director
AGENDA ITEM: ICMA/Economic Mobility and Opportunity Subgrant Agreement
Action Requested:MotionDiscussionPublic Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
In March 2025, City staff applied to participate in the Economic Mobility and Opportunity (EMO)
Peer Learning Cohort and Grant Program. In April, it was announced that Maplewood was selected
as one of fifteen municipalities and counties nationwide—representing a diverse range of
populations, geographies, and budgets—to join the program and receive grant funding.
To proceed, the city council is being asked to approve a subgrant agreement between the ICMA
and the City of Maplewood.
Recommended Action:
Motion to approve the ICMA/Economic Mobility and Opportunity Subgrant Agreement and authorize
the appropriate staff to execute the agreement.
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: NA
Strategic Plan Relevance:
Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship
Integrated Communication Operational EffectivenessTargeted Redevelopment
The city supports development and the leveraging of resources to expand the tax base while
meeting the diverse needs of the entire community. In addition, the city promotes quality housing,
commercial development and business growth.
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Background:
Facilitated by ICMA with support from the Gates Foundation, the EMO program will provide
Maplewood staff with valuable resources to help identify and advance strategies that improve
upward economic mobility for city residents.
As part of the program, expenses will be covered for staff to attend the 2025 National Economic
Mobility Conference, which will kick off the nine-month peer learning cohort. The conference will
also connect staff with national experts in economic development tools and best practices,
supporting efforts to enhance Maplewood’s economic success.
In addition to the conference, the grant also entitles the City of Maplewood to $20,000 to support a
future program aimed at promoting economic mobility and opportunity within the community. The
details of that program will be developed in the coming months.
To proceed with the grant, the city must comply with the conditions in the attached ICMA/Economic
Mobility Subgrant Agreement. Staff have reviewed the document and are comfortable with the
conditions.
Attachments:
1.ICMA/Economic Mobility and Opportunity Subgrant Agreement
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G5
CITY COUNCIL STAFF REPORT
Meeting Date May 27, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Mike Darrow, Assistant City Manager/Human Resource Director
PRESENTER: Mike Darrow, Assistant City Manager/Human Resource Director
AGENDA ITEM: Fifth Amendment to Maplewood Community Center Operating Agreement
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
The City of Maplewood has an agreement with YMCA of the North to operate the Maplewood
Community Center. The YMCA is requesting that the Council consider the Fifth Amendment to the
Maplewood Community Center as outlined below.
Recommended Action:
Motion to approve the Fifth Amendment to Maplewood Community Center Operating Agreement
with the YMCA of the North.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
The amendment will not increase the total operational amount as outlined in the Operating
Agreement.
Background
The YMCA of the North operates the Maplewood Community Center according to the provisions
contained in an operating agreement.
The Fifth amendment provides for the following proposed changes:
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1. Amendment to Section 4.1 of the Operating Agreement
Section 4.1 shall be amended to include the following allocations for fiscal years ending
June 30, 2025, and June 30, 2026:
o For FY 2025
The City shall contribute a total of $225,232 to be allocated as follows:
$157,550 for replacement of the gym floor
$43,900 for a third-party facility assessment
$10,000 for a professional appraisal of the MCC site and building
The remaining balance shall be used for exterior improvements.
o For FY 2026
The CityÓs contribution of $229,737 shall be reduced by $30,000, representing the
YMCAÓs share of the gym floor cost. The adjusted total of $199,737 shall be paid to the
YMCA in accordance with the terms of the Operating Agreement.
For historical context, the agreement with the YMCA included other amendments summarized
below. The First Amendment to the Maplewood Community Center Operating Agreement was
approved on September 14, 2020 and provided for the following mutually beneficial changes to the
original agreement:
1. The City will continue to utilize the banquet center for up to 20 hours per week, through
December 31, 2021;
2. The YMCA will be allowed to utilize its remaining capital contributions from 2020
(approximately $100K) and its $200K contribution in 2021 for operating purposes;
3. The City and YMCA will jointly review and reprioritize capital plans that are scheduled to
occur between October 1, 2020 and October 1, 2023;
4. Due to existing circumstances, the period for termination of the original contract will be
revised to six months, rather than one year, with the termination not to take effect before
December 31, 2021.
The Second Amendment provided for three changes:
1. Notwithstanding anything herein to the contrary, the YMCA shall only be required to make a
$75,000 deposit described in Section 4.1, Paragraph D in the year 2022, and its failure to
not make full original deposit shall not constitute a breach of its financial commitments
under Section 6.1, Paragraph B or any other provisions of this Agreement.
2. Notwithstanding anything herein to the contrary, the City shall increase its deposit,
described in Section 4.1, Paragraph E in the year 2022, to a maximum total amount of
$212,242, and such increase shall not impact the CityÓs future annual deposits as provided
in Section 4.1, Paragraph F.
3. From January1, 2022 through December 31, 2022 the City shall have the right to use the
banquet areas of the Facility for up to 15 hours per week under the same terms and
conditions as during the first 48 months of the Term of this Agreement.
The Third amendment provides for the following changes:
1. Section 3.3, Paragraph C of the Operating Agreement is amended by adding the following
sentence to the end of that Paragraph.
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From January 1, 2023 through December 31, 2023 the City shall have the right to use the
banquet areas of the Facility for up to 15 hours per week under the same terms and conditions
as during the first 48 months of the Term of this Agreement.
2. Section 4.1 of the Operating Agreement is amended to include a new paragraph M as
follows:
M. Notwithstanding anything herein to the contrary, the YMCA shall only be required to
make a $50,000 deposit described in Section 4.1, Paragraph D in the year 2023 (the
Ð2023 DepositÑ), and its failure to not make the full original deposit shall not constitute a
breach of its financial commitments under Section 6.1, Paragraph B or any other
provision of this Agreement.
3. Section 4.1 of the Operating Agreement is amended to include a new paragraph N as follows:
N. Notwithstanding anything herein to the contrary, the YMCA may repurpose $216,486 of
the CityÓs 2023 $216,486 capital improvement Funds deposit (see Operating Agreement
Section 4.1.F) for purpose of sustaining operations of the Maplewood YMCA Community
Center. No other obligations of the City are impacted by this deviation.
4. Except as specifically noted in this Third Amendment, the terms and conditions of the
Operating Agreement, as amended by the First Amendment and Second Amendment, shall
remain in full force and effect. In the case of any inconsistency between the terms of the
Operating Agreement, as amended by the First Amendment, the Second Amendment, and
this Third Amendment, the terms of this Third Amendment shall control.
5. This Third Amendment may be executed in any number of counterparts, each of which shall
constitute one and the same instrument. This Third Amendment may be modified only in
writing signed by the parties.
The Fourth amendment provided for the following changes:
1. Section 4.1 of the Operating Agreement is amended to include a new paragraph M as
follows:
M. Notwithstanding anything herein to the contrary, the YMCA shall only be required to
make a $50,000 deposit described in Section 4.1, Paragraph D in the year 2024 (the
Ð2024 DepositÑ), and its failure to not make the full original deposit shall not constitute a
breach of its financial commitments under Section 6.1, Paragraph B or any other
provision of this Agreement.
2. Section 4.1 of the Operating Agreement is amended to include a new paragraph N as
follows:
N. Notwithstanding anything herein to the contrary, the YMCA may repurpose $200,000 of
the CityÓs 2024 $220,816 capital improvement Funds deposit (see Operating Agreement
Section 4.1.F) for purpose of sustaining operations of the Maplewood YMCA
Community Center. No other obligations of the City are impacted by this deviation. The
City will keep the remaining $20,816 for repairs to the exterior steel beams as well as
other exterior repairs and maintenance.
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Attachments
1. Fifth Amendment to Maplewood Community Center Operating Agreement
Council Packet Page Number 179 of 326
G5, Attachment 1
Fifth Amendment to the Maplewood Community
Center Operating Agreement
This Fifth Amendment (the “Amendment”) is made and entered into by and between the City of
Maplewood, a Minnesota municipal corporation (the “City”), and the Young Men’s Christian
Association of the North, a Minnesota nonprofit corporation (the “YMCA”).
Recitals
WHEREAS, the City and the YMCA entered into the Maplewood Community Center Operating
Agreement (the “Operating Agreement”), effective November 1, 2016, under which the YMCA
operates the Maplewood Community Center (the “MCC”);
WHEREAS, the City and the YMCA have worked collaboratively to address both short-term and
long-term facility needs;
WHEREAS, the MCC’s current gym floor is deemed unsafe and requires immediate
replacement;
WHEREAS, the parties acknowledge that the Operating Agreement is set to expire on October
31, 2026, and that a comprehensive assessment of the MCC’s interior, exterior, and
surrounding site is necessary;
WHEREAS, both the City and the YMCA agree to continue working cooperatively to address
these and related facility matters; and
WHEREAS, the parties now wish to amend the Operating Agreement to reflect their mutual
understandings and commitments.
Now, Therefore, the parties agree as follows:
1.Amendment to Section 4.1 of the Operating Agreement
Section 4.1 shall be amended to include the following allocations for fiscal years ending
June 30, 2025, and June 30, 2026:
o For FY 2025
The City shall contribute a total of $225,232 to be allocated as follows:
$157,550 for replacement of the gym floor;
$43,900 for a third-party facility assessment;
$10,000 for a professional appraisal of the MCC site and building;
The remaining balance shall be used for exterior improvements.
o For FY 2026
The City’s contribution of $229,737 shall be reduced by $30,000, representing
the YMCA’s share of the gym floor cost. The adjusted total of $199,737 shall be
paid to the YMCA in accordance with the terms of the Operating Agreement.
2.Continued Effect
Except as amended by this Fifth Amendment, all terms and conditions of the Operating
Agreement shall remain in full force and effect. In the event of any conflict between the
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terms of this Amendment and the Operating Agreement, the terms of this Amendment
shall prevail.
3. Amendment Requirements
This Amendment may be modified only by a written agreement signed by both the City
and the YMCA.
IN WITNESS WHEREOF, the parties have executed this Fifth Amendment as of the Effective
Date set forth below.
City of Maplewood
By: ___________________________
Name:
Title:
Date:
Young Men’s Christian Association of the North
By: ___________________________
Name:
Title:
Date:
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G6
CITY COUNCIL STAFF REPORT
Meeting Date May 27, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Lois Knutson, Senior Administrative Manager
PRESENTER: Lois Knutson, Senior Administrative Manager
AGENDA ITEM: Strategic Plan Update for First Quarter of 2025
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
This update provides a summary of progress on the CityÓs Strategic Priorities through the first
quarter of 2025. A presentation will not be given at this time, as staff are currently focused on
developing a new three-year strategic plan.
Recommended Action:
Motion to accept the Strategic Plan Report for First Quarter of 2025.
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:
Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship
Integrated Communication Operational Effectiveness Targeted Redevelopment
The executive report on the Strategic Plan includes all six pillars of the plan.
Background:
Strategic planning is an organizational management activity that is used to set priorities, focus
energy and resources, strengthen operations, ensure that employees and other stakeholders are
working toward common goals, establish agreement around intended outcomes/results, and assess
and adjust the organization's direction in response to a changing environment.
The City of Maplewood's Strategic Plan currently consists of six (6) strategic priorities which are
established by the City Council.
On April 23, 2025, the City Council and Executive Leadership Team came together to begin
shaping the CityÓs next three-year strategic plan. During the session, key priorities and focus areas
were identified. Staff is now working to develop the full plan, which will be brought to the Council for
approval. The new strategic plan is scheduled to take effect in July.
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Attachments:
1. Strategic Plan Report for First Quarter of 2025
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G7
CITY COUNCILSTAFF REPORT
Meeting Date May 27, 2025
REPORT TO:Michael Sable, City Manager
REPORT FROM: Steven Love, Director of Public Works
Jon Jarosch, Assistant City Engineer
Tyler Strong, Civil Engineer I
PRESENTER:Steven Love
AGENDA ITEM: Resolution Approving Grant Agreement with the Metropolitan Council for
Inflow and Infiltration Improvements
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
City Council will consider approving a resolution for a grant agreement with the Metropolitan
Council for inflow and infiltration improvements as a part of Maplewood’s 2024 and 2025 Street
Improvement Projects.
Recommended Action:
Motion to approve a resolution regarding a grant agreement with the Metropolitan Council for inflow
and infiltration improvements.
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: This agreement will result in an estimated
$125,725 grant reimbursement from the Metropolitan Council to the City of Maplewood for inflow
and infiltration improvements made on its 2024 and 2025 street improvement projects.
Strategic Plan Relevance:
Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship
Integrated CommunicationOperational EffectivenessTargeted Redevelopment
As a part of Maplewood’s 2024 and 2025 Street Improvement Projects, select sanitary sewer mains
were lined, and outdated sewer structure castings were replaced. These improvements reduce the
volume of groundwater and surface water entering the sanitary sewer system.
Background:
On January 30, 2024, the city applied for the Metropolitan Council’s 2023 Inflow and Infiltration (I&I)
Grant Program for the 2024 and 2025 Maplewood Street Improvement Projects. The Metropolitan
Council approved the application and sent staff a letter of intent on February 29, 2024. After
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appropriate documentation is submitted by staff to the Metropolitan Council, grant funds will be
disbursed to the City in May of 2026.
The 2023 Municipal Inflow and Infiltration (I&I) Grant Program consists of $12M in bonding bill
funding to provide grants to municipalities for capital improvements to public infrastructure to
mitigate groundwater and surface water entering the sanitary sewer system.
To reduce I&I, the City of Maplewood includes sanitary sewer main lining and the replacement of
outdated sewer structure castings in its street improvement projects. Both of these improvements
are eligible for reimbursement. The preliminary estimated grant reimbursement amount is $125,725.
A resolution approving the grant agreement is required to receive the grant reimbursement.
Attachments:
1.Metropolitan Council 2023 Inflow and Infiltration Grant Program Application
2.Metropolitan Council 2023 Inflow and Infiltration Grant Program Letter of Intent
3.Metropolitan Council Draft Grant Agreement
4.I&I Grant Resolution
Council Packet Page Number 239 of 326
Metropolitan Council Environmental Services
G7, Attachment 1
2023 II Grant Program
Grant Application Form
NOTICE TO APPLICANTS: Submission of this application form confirms your citys intention to participate in the
Metropolitan Council Environmental Services (MCES) 2024 State Bond Fund Municipal I/I Grant program (Grantee
Program).
Applicants must review the Grantee Program Guidelines, along with the draft agreement that must be entered with
the Metropolitan Council, can be found at the following link:
http://www.metrocouncil.org/Wastewater-Water/Funding-Finance/Available-Funding-Grants.aspx
Submission of all information requested herein is mandatory and becomes the basis for determining your cityÓs
Preliminary Minimum Allocation (PMA) and an estimated Final Reimbursement Amount (FRA) that will accompany
the Letter of Intent all qualifying applicants will receive.
Grant agreements will be sent for signature simultaneously for all participants subsequent to receipt and review of all
project information that will form each participantÓs final PMA and FRA.
City Name:Maplewood
City Contact Info:1902 County Road B East
Maplewood, MN 55109
Application Submitted by:Tyler Strong
Application Email Address:tyler.strong@maplewoodmn.gov
Application Submission date:January 30, 2024
Council Packet Page Number 240 of 326
Estimated Project Work Description
G7, Attachment 1
During the construction seasons of 2024 and 2025, the City of Maplewood is proposing to improve roughly 8.40 miles of city
streets. As a part of these improvements, replacement of non-conforming I&I sanitary sewer frame and lids with conforming ones
is proposed. The existing access lids have holes in top or notches near the edges which let water into the sanitary sewer system
during rain events. It is proposed to replace these frames and lids with a watertight concealed pick hole style frame/lid
combination and replace the deteriorating concrete adjustment rings with water-tight butyl sealed HDPE plastic rings. As of now it
is estimated around 190 frame/lid combinations will be removed and replaced in the 2024 and 2025 construction seasons.
Also as a part of these projects, sanitary sewer lining (CIPP) is proposed at miscellaneous locations throughout the city. The lining
will focus on problematic areas of vitrified clay pipe (VCP) sewer main where groundwater infiltration and root intrusion are an
issue. As of now it is estimated around 6,800 linear feet of lining will be bid out and completed in the 2024 and 2025 construction
seasons.
Estimated Costs
Lining (CIPP)
Rate on past project (2022) for 8" VCP lining @ $64.00/LF
6,800 LF * $64.00/LF = $435,200
Sanitary Sewer Frame and Lid Replacement
Rate on past project (2022) for removal and install of new frame and lid @ $1,250.00/Each
190 New Frame/Lid Combinations * $1,250.00 = $237,500
Council Packet Page Number 241 of 326
G7, Attachment 1
ProjectProject CostsGrant
Your Estimated Eligible I/I Costs:
CostsCoveredEligible
x 50
x 75%
Pipe Lining and Replacement$326,251$163,125
$435,002
%Grant Eligible
Covered
x 75x 100
Pipe Joint Sealing and Chimney
$0$0$0
%Covered
%Grant Eligible
Seals
x 75x 50
Manholes - Lining, Replacement$0$0$0
%Covered%Grant Eligible
Manholes Sealing joints, casting,
x 75x 100
$237,500$178,125$178,125
%Covered%Grant Eligible
covers
x 75
x 10
Flood Mitigation$0$0$0
%Covered
%Grant Eligible
x 75x 100
Cross Connection Elimination$0$0$0
%Covered%Grant Eligible
Repair or Replace Lateral Tee, Wye,
x 100
x 75
$0$0
$0
%Grant Eligible
%Covered
or Tap Connections
$672,502$504,376$341,250
Non-Eligible I&I Work:
¤Studies, investigations, or inspections
¤Engineering costs
¤Any improvements to privately owned infrastructure
Important Dates to Remember:
Eligible Work Dates
Start Date for Eligible Project WorkJanuary 1, 2024
End Date for Eligible Project WorkDecember 31, 2025
Program Dates
Notice of approved grant program guidelines to cities, request applicationsDecember 19, 2023
Grant Application due from citiesJanuary 26, 2024
MCES sends Letter of Intent to program participantsFebruary 29, 2024
Cities provide descriptions and pay claims for completed projectsMarch 31, 2026
MCES makes FRA determination, distributes grant agreementsMay 1, 2026
Questions may be directed to the MCES I/I Grant Program Administrator:
Matt Gsellmeier, MCES I/I Grant Administrator
390 Robert Street North
St. Paul, MN 55101
17633670264
matthew.gsellmeier@metc.state.mn.us
Council Packet Page Number 242 of 326
G7, Attachment 2
DATE:February 5, 2024
TO:Steven Love, Public Works Director
Maplewood
1902 County Road B East
Maplewood, MN 55109
FROM:Matt Gsellmeier, MCES I/I Grant Administrator
SUBJECT:2023 II Grant Program Letter of Intent
Thank you for applying to the 2024 State Bond Funded Municipal Inflow and Infiltration (I/I) Grant Program. This
non-binding letter of intent confirms receipt of your citys application and approval to participate per the Metropolitan
Councils approved program design and guidelines.
The program design and guideline details, along with the draft agreement that must be entered with the Metropolitan
Council, can be found at the following link under Inflow/Infiltration Grant Programs:
https://metrocouncil.org/Wastewater-Water/Funding-Finance/Available-Funding-Grants.aspx
Preliminary Non-binding Grant Estimates
Estimated Grant AmountBased on
Preliminary Minimum Allocation (PMA)Preliminary project description and projected cost estimates in cityÓs
application
$50,000
Final Reimbursement Amount (FRA)CityÓs application, the amount available for funding, and prior yearÓs
reimbursement percentages
$125,725
Please be advised that these are preliminary non-binding estimates and that each participantÓs final FRA depends
upon the actual and eligible project work submitted per approved guidelines. PMA and FRA will be calculated
simultaneously for all participants upon receipt of documentation verifying a project costs. Should a city not complete
a project with I/I eligible work, or complete with insufficient eligible work, PMA and FRA will be adjusted accordingly.
Contingent upon availability of funding, cities may be eligible for additional funding should they complete a project(s)
with more I/I eligible work than described in their application.
Important Dates
MCES sends Letter of Intent to program participants
February 29, 2024
Cities provide descriptions and pay claims for completed projects
March 31, 2026
MCES makes FRA determination, distributes grant agreements
May 1, 2026
MCES will process reimbursement upon receipt of signed agreement and commits to sending semi-annual grant
notices to all participants throughout the program. These notices will serve as both reminders of participation and
solicitations for changes in participant contact, projects, or other relevant information.
Council Packet Page Number 243 of 326
G7, Attachment 2
Documentation submitted to MCES at project completion to verify eligibility and calculate both PMA and FRA must
include the following:
¤Completion and submission of MCES provided cost verification form
¤A city resolution authorizing participation in the grant program
¤Certification (notarized) confirming ownership or easements for locations where work was completed
¤Description of work, along with description or map of locations
¤Invoices substantiating cost of work completed.
This letter is a commitment to enter into a legally binding grant agreement upon verification that grant program
guidelines and requirements have been met. It is not a legally binding document that confirms funding.
MCES appreciates and is committed to your participation in this program designed to assist our stakeholders in the
mitigation of excess inflow and infiltration into the metropolitan disposal system.
MCES appreciates and is committed to your participation in this program designed to assist our stakeholders in the
mitigation of excess inflow and infiltration into the metropolitan disposal system.
Please direct your questions or concerns to:
Matt Gsellmeier, MCES I/I Grant Administrator
390 Robert Street North
St. Paul, MN 55101
17633670264
matthew.gsellmeier@metc.state.mn.us
Ned Smith, MCES, Director of Pretreatment and Finance
Leisa Thompson, MCES General Manager
Council Packet Page Number 244 of 326
G7, Attachment 3
Metropolitan Council
Municipal Publicly Owned Infrastructure
Inflow/Infiltration Grant Program
Grant Agreement - End Grant
for the
«1»
Project
Funded by the
State of Minnesota
General Obligation Bond Proceeds
Generic GO Bond Proceeds Ver 6/30/14
Grant Agreement for Program End Grants
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G7, Attachment 3
TABLE OF CONTENTS
RECITALS
Article I- DEFINITIONS
Section 1.01 Defined Terms
Article II- GRANT
Section 2.01 Grant of Monies
Section 2.02 Public Ownership
Section 2.03 Use of Grant Proceeds
Section 2.04 Operation of the Real Property and Facility
Section 2.05 Public Entity Representations and Warranties
Section 2.06 Ownership by Leasehold or Easement
Section 2.07 Event(s) of Default
Section 2.08 Remedies
Section 2.09 Notification of Event of Default
Section 2.10 Survival of Event of Default
Section 2.11 Term of Grant Agreement
Section 2.12 Modification and/or Early Termination of Grant
Section 2.13 Excess funds
Article IIIUSE CONTRACTS
Section 3.01 General Provisions
Section 3.02 Initial Term and Renewal
Section 3.03 Reimbursement of Counterparty
Section 3.04 Receipt of Monies Under a Use Contract
Article IV SALE
Section 4.01 Sale
Section 4.02 Proceeds of aSale
Article V COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION
Section 5.01 State Bond Financed Property
Section 5.02 Preservation of Tax Exempt Status
Section 5.03 Changes to G.O. Compliance Legislation or the
Article VI DISBURSEMENT OF GRANT PROCEEDS
Section 6.01Disbursement of Grant
Section 6.02 Conditions Precedent to Disbursement of Grant
Generic GO Bond Proceeds i Ver 6/30/14
Grant Agreement for Program End Grants
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G7, Attachment 3
Article VII- MISCELLANEOUS
Section 7.01 Insurance
Section 7.02 Condemnation
Section 7.03 Use, Maintenance, Repair and Alterations
Section 7.04 Records Keeping and Reporting
Section 7.05 Inspections by State Entity
Section 7.06 Data Practices
Section 7.07 Non-Discrimination
Section 7.08
Section 7.09 Antitrust Claims
Section 7.10 Review of Plans and Cost Estimates
Section 7.11 Prevailing Wages
Section 7.12 Liability
Section 7.13 Indemnification by the Public Entity
Section 7.14 Relationship of the Parties
Section 7.15 Notices
Section 7.16 Binding Effect and Assignment or Modification
Section 7.17 Waiver
Section 7.18 Entire Agreement
Section 7.19 Choice of Law and Venue
Section 7.20 Severability
Section 7.21 Time of Essence
Section 7.22 Counterparts
Section 7.23 Matching Funds
Section 7.24 Source and Use of Funds
Section 7.25 Third-Party Beneficiary
Section 7.26 Public Entity Tasks
Section 7.27 State Entity and Commissioner
Required Acts and Approvals.
Section 7.28 Applicability to Real Property and Facility
Section 7.29 E-Verification
Section 7.30 Jobs Reporting Requirements
Section 7.31Additional Requirements
Attachment I DECLARATION
Attachment II LEGAL DESCRIPTION OF REAL PROPERTY
Attachment III SOURCE AND USE OF FUNDS
Attachment IV GRANT APPLICATION
Attachment V JOBS REPORTING
Generic GO Bond Proceeds ii Ver 6/30/14
Grant Agreement for Program End Grants
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G7, Attachment 3
General Obligation Bond Proceeds
Grant Agreement End Grant
for the
«1»
Project
under the
«2»
Program
THIS AGREEMENTshall be effective as of «3» ,«3» , and is between
«4», a «5», and the«6»
RECITALS
A.The State Entity has created and is operating a«2» (the
«7» and all rules related
B.Under the State Program, the State Entity is authorized to provide grants that are
funded with proceeds of state general obligation bonds authorized to be issued under Article XI,
§5(a) of the Minnesota Constitution.
C.Under the State Program the recipients of a grant must use such funds to perform
those functions delineated in the State Program Enabling Legislation.
D.The Public Entity submitted, if applicable, a grant application to the State Entity in
which the Public Entity requests a grant from the State Program the proceeds of which will be
used for the purposes delineated in such grant application.
E.The Public Entity has applied to and been selected by the State Entity for a receipt of
a grant from the State Program in an amount of $«8»
proceeds must be used by the Public Entity to perform those functions and activities imposed by
the State Entity under the State Program and, if applicable, delineated in that certain grant
Attachment V that the Public Entity
submitted to the State Entity.
F. Under the provisions contained in «9» , the Public Entity has
been given the authority to perform those functions and activities required of it under the State
Program and, if applicable, delineated in Grant Application attached hereto as Attachment V
that the Public Entity submitted to the State Entity.
G.
Generic GO Bond Proceeds 1 Ver 6/30/14
Grant Agreement for Program End Grants
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G7, Attachment 3
Fourth Order
Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond
dated July 30, 2012, as amended may
only be a portion of the funds being used to acquire such ownership interest and/or improve such
real property and structures and that such funds may be used to only acquire such ownership
interest and/or improve a part of such real property and structures.
H.The Public Entity and the State Entity desire to set forth herein the provisions relating
to the granting and disbursement of the proceeds of the Program Grant to the Public Entity and
the operation of the Real Property and, if applicable, Facility.
IN CONSIDERATION of the grant described and other provisions in this Agreement, the
parties to this Agreement agree as follows.
Article I
DEFINITIONS
Section 1.01 Defined Terms.As used in this Agreement, the following terms shall have
the meanings set out respectively after each such term (the meanings to be equally applicable to
both the singular and plural forms of the terms defined), unless the context specifically indicates
otherwise:
- means this General Obligation Bond Proceeds Grant Agreement - End
Grant for the «1» Project under the «2» Program,
as such exists on its original date and any amendments, modifications or restatements
thereof.
means public or private debt of the Public Entity that is consented
to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or
will used to acquire an ownership interest in or improve the Real Property and, if
applicable, Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is
not limited to, all debt delineated in Attachment IIIto this Agreement; provided, however,
the Commissioner of MMB is not bound by any amounts delineated in such attachment
unless he/she has consented, in writing, to such amounts.
- means the Internal Revenue Code of 1986, as amended from time to time,
and all treasury regulations, revenue procedures and revenue rulings issued pursuant
thereto.
- means the commissioner of Minnesota Management and
Budget, and any designated representatives thereof.
Generic GO Bond Proceeds 2 Ver 6/30/14
Grant Agreement for Program End Grants
Council Packet Page Number 249 of 326
G7, Attachment 3
- means the Fourth Order Amending Order of the
executed by the Commissioner of Minnesota Management and Budget and dated July 30,
2012, as amended.
- means any entity with which the Public Entity contracts under a Use
Contract. This definition is only needed and only applies if the Public Entity enters into an
agreement with another party under which such other party will operate the Real Property,
and if applicable, Facility. For all other circumstances this definition is not needed and
should be ignored and treated as if it were left blank, and any reference to this term in this
Agreement shall be ignored and treated as if the reference did not exist.
- means a declaration, or declarations, in the form contained in
Attachment I to this Agreement and all amendments thereto, indicating that the Public
ble, Facility is bond financed
property within the meaning of the G.O. Compliance Legislation and is subject to certain
restrictions imposed thereby.
- means one or more of those events delineated in Section 2.07.
able, - means «10» , which is
located, or will be constructed and located, on the Real Property and all equipment that is a
part thereof that was purchased with the proceeds of the Program Grant.
means either (i) the price that would be paid by a willing and
qualified buyer to a willing and qualified seller as determined by an appraisal that assumes
that all liens and encumbrances on the property being sold that negatively affect the value
of such property, will be paid and released, or (ii) the price bid by a purchaser under a
public bid procedure after reasonable public notice, with the proviso that all liens and
encumbrances on the property being sold that negatively affect the value of such property,
will be paid and released at the time of acquisition by the purchaser.
- means that portion of the state general obligation bonds issued under
the authority granted in Article XI, § 5(a) of the Minnesota Constitution the proceeds of
which are used to fund the Program Grant and any bonds issued to refund or replace such
bonds.
- means Minn. Stat. § 16A.695, as it may be
amended, modified or replaced from time to time unless such amendment, modification or
replacement imposes an unconstitutional impairment of a contract right.
means that certain grant application attached hereto as
Attachment IV that the Public Entity submitted to the State Entity. This definition is only
needed and only applies if the Public Entity submitted a grant application to the State
Entity. If the Public Entity did not submit a grant application to the State Entity, then this
definition is not needed and should be ignored and treated as if it were left blank, and any
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reference to this term in this Agreement shall be ignored and treated as if the reference did
not exist.
means the cost to acquire the Public
the Real Property and, if applicable, Facility if the Public
Entity does not already possess the required ownership interest, and the costs of betterments
of the Real Property and, if applicable, Facility; provided, however, the Commissioner of
MMB is not bound by any specific amount of such alleged costs unless he/she has
consented, in writing, to such amount.
- means the real estate and structures, if any, that are
leased to the Public Entity under a Real Property/Facility Lease or granted to the Public
Entity under an easement.This definition is only needed and only applies if the Public
Entitys ownership interest in the Real Property, the Facility, if applicable, or both, is by
way of a leasehold interest under a Real Property/Facility Lease or by way of an easement.
For all other circumstances this definition is not needed and should be ignored and treated
as if it were left blank, and any reference to this term in this Agreement shall be ignored
and treated as if the reference did not exist.
means the fee owner/lessor or grantor of the Leased/Easement
Premises. This definition is only needed and only applies if the Public Entitys ownership
interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold
interest under a Real Property/Facility Lease or by way of an easement. For all other
circumstances this definition is not needed and should be ignored and treated as if it were
left blank, and any reference to this term in this Agreement shall be ignored and treated as
if the reference did not exist.
means the portion of the Program
Grant that has been disbursed to or on behalf of the Public Entity minus any portion thereof
previously paid back to the Commissioner of MMB.
interest in the Real Property and, if applicable, Facility that existed concurrent with the
t. Such value shall be established by way of an
appraisal or by such other manner as may be acceptable to the State Entity and the
Commissioner of MMB. The parties hereto agree and acknowledge that such value is $
______________ or ____ Not Applicable; provided, however, the Commissioner of MMB
is not bound by any inserted dollar amount unless he/she has consented, in writing, to such
amount.
rebuttable presumption that the Ownership Value is $0.00 shall be created.(The blank
should only be selected and checked when a portion of the funds
delineated in Attachment III
ownership interest in the Real Property and, if applicable, Facility, and in such event the
value of such ownership interest should be shown in Attachment III and not in this
definition for Ownership Value).
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- means a grant of monies from the State Entity to the Public Entity
amount thereof may be modified under the provisions contained herein.
interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with
the performance of the activities denoted in Section 2.03. (If the Public Entity is not using
any portion of the Program Grant to acquire the ownership interest denoted in Section
2.02, then this definition for Project shall not include the acquisition of such ownership
interest, and the value of such ownership interest shall not be included in Attachment III
hereto and instead shall be included in the definition for Ownership Value under this
Section.)
- -in
paragraph of this Agreement.
- means the real property located in the County of «11» ,
State of Minnesota, legally described in Attachment IIto this Agreement.
- means a long term lease of the Real Property, the
Facility, if applicable, or both by the Public Entity as lessee thereunder.This definition is
only needed and only applies ifthe Public Entitys ownership interest in the Real Property,
the Facility, if applicable, or both, is a leasehold interest under a lease. For all other
circumstances this definition is not needed and should be ignored and treated as if it were
left blank, and any reference to this term in this Agreement shall be ignored and treated as
if the reference did not exist.
- State -in
paragraph of this Agreement.
means the program delineated in the State Program Enabling
Legislation.
means the legislation contained in the
Minnesota statute(s) delineated in Recital A and all rules related to such legislation.
means the costs of betterments of the Real Property
and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part
of the Project, would qualify as a public improvement of a capital nature (as such term in
used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of
which has been established by way of written documentation that is acceptable to and
approved, in writing, by the State Entity and the Commissioner of MMB.
- means a lease, management contract or other similar contract
between the Public Entity and any other entity that involves or relates to any part of the
Real Property and/or, if applicable, Facility. This definition is only needed and only applies
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if the Public Entity enters into an agreement with another party under which such other
party will operate the Real Property, and/or if applicable, Facility. For all other
circumstances this definition is not needed and should be ignored and treated as if it were
left blank, and any reference to this term in this Agreement shall be ignored and treated as
if the reference did not exist.
means the term set
forth in Section 2.05.V, which was derived as follows: (i) 30 years for Real Property that
has no structure situated thereon or if any structures situated thereon will be removed, and
no new structures will be constructed thereon, (ii) the remaining useful life of the Facility
as of the effective date of this Agreement for Facilities that are situated on the Real
Property as of the date of this Agreement, that will remain on the Real Property, and that
will not be bettered, or (iii) the useful life of the Facility after the completion of the
construction or betterments for Facilities that are to be constructed or bettered.
Article II
GRANT
Section 2.01 Grant of Monies.The State Entity shall make and issue the Program
Grant to the Public Entity and disburse the proceeds in accordance with the provisions of this
Agreement. The Program Grant is not intended to be a loan even though the portion thereof that
is disbursed may need to be returned to the State Entity or the Commissioner of MMB under
certain circumstances.
Section 2.02 Public Ownership.The Public Entity acknowledges and agrees that the
Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the
Real Property and, if applicable, Facility must be owned by one or more public entities. Such
ownership may be in the form of fee ownership, a Real Property/Facility Lease, or an easement.
In order to establish that this public ownership requirement is satisfied, the Public Entity
represents and warrants to the State Entity that it has, or will acquire, the following ownership
interests in the Real Property and, if applicable, Facility, and, in addition, that it possess, or will
possess, all easements necessary for the operation, maintenance and management of the Real
Property and, if applicable, Facility in the manner specified in Section 2.04:
(Check the appropriate box for the Real Property and, if applicable, for the Facility.)
Ownership Interest in the Real Property.
Fee simple ownership of the Real Property.
A Real Property/Facility Lease for the Real Property that complies with the
requirements contained in Section 2.06.
(If the term of the Real Property/Facility Lease is for a term authorized by a
Minnesota statute, rule or session law, then insert the citation:
________________.)
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An easement for the Real Property that complies with the requirements
contained in Section 2.06.
(If the term of the easement is for a term authorized by a Minnesota statute,
rule or session law, then insert the citation:________________.)
Ownership Interest in, if applicable, the Facility.
Fee simple ownership of the Facility.
A Real Property/Facility Lease for the Facility that complies with all of the
requirements contained in Section 2.06.
(If the term of the Real Property/Facility Lease isfor a term authorized by a
Minnesota statute, rule or session law, then insert the citation:
________________.)
Not applicable because there is no Facility.
Section 2.03 Use of Grant Proceeds.The Public Entity shall use the Program Grant
solely to reimburse itself for expenditures it has already made, or will make, in the performance
of the following activities, and may not use the Program Grant for any other purpose.
(Check all appropriate boxes.)
Acquisition of fee simple title to the Real Property.
Acquisition of a leasehold interest in the Real Property.
Acquisition of an easement for the Real Property.
Improvement of the Real Property.
Acquisition of fee simple title to the Facility.
Acquisition of a leasehold interest in the Facility.
Construction of the Facility.
Renovation of the Facility.
«12».
(Describe other or additional purposes.)
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Section 2.04 Operation of the Real Property and Facility.The Real Property and, if
applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real
Property and, if applicable, Facility to be used, for those purposes required by the State Program
and in accordance with the information contained in the Grant Application, or for such other
purposes and uses as the Minnesota legislature may from time to time designate, and for no other
purposes or uses.
The Public Entity may enter into Use Contracts with Counterparties for the operation of all
or any portion of the Real Property and, if applicable, Facility; provided that all such Use
Contracts must have been approved, in writing, by the Commissioner of MMB and fully comply
with all of the provisions contained in Sections 3.01, 3.02 and 3.03.
The Public Entity must, whether it is operating the Real Property and, if applicable, Facility
or has contracted with a Counterparty under a Use Contract to operate all or any portion of the
Real Property and, if applicable, Facility, annually determine that the Real Property and, if
applicable, Facility is being used for the purpose required by this Agreement, and shall annually
supply a statement, sworn to before a notary public, to such effect to the State Entity and the
Commissioner of MMB.
For those programs, if any, that the Public Entity will directly operate on all or any portion
of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents
and warrants to the State Entity that: (i) it has the ability and a plan to fund such programs, (ii) it
has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it
will annually adopt, by resolution, a budget for the operation of such programs that clearly shows
that forecast program revenues along with other funds available for the operation of such
program will be equal to or greater than forecast program expenses for each fiscal year, and will
supply to the State Entity and the Commissioner of MMB certified copies of such resolution and
budget.
For those programs, if any, that will be operated on all or any portion of the Real Property
and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants
with and represents and warrants to the State Entity that: (i) it will not enter into such Use
Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such
program, (ii) it will require the Counterparty to provide an initial program budget and annual
program budgets that clearly show that forecast program revenues along with other funds
available for the operation of such program (from all sources) will be equal to or greater than
forecast program expenses for each fiscal year, (iii) it will promptly review all submitted
program budgets to determine if such budget clearly and accurately shows that the forecast
program revenues along with other funds available for the operation of such program (from all
sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it
will reject any program budget that it believes does not accurately reflect forecast program
revenues or expenses or does not show that forecast program revenues along with other funds
available for the operation of such program (from all sources) will be equal to or greater than
forecast program expenses, and require the Counterparty to prepare and submit a revised
program budget, and (v) upon receipt of a program budget that it believes accurately reflects
forecast program revenues and expenses and that shows that forecast program revenues along
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with other funds available for the operation of such program (from all sources) will be equal to
or greater than forecast program expenses, it will approve such budget by resolution and supply
to the State Entity and the Commissioner of MMB certified copies of such resolution and budget.
Section 2.05 Public Entity Representations and Warranties.The Public Entity
further covenants with, and represents and warrants to the State Entity as follows:
A.It has legal authority to enter into, execute, and deliver this Agreement, the
Declaration, and all documents referred to herein, and it has taken all actions necessary to
its execution and delivery of such documents.
B.It has legal authority to use the Program Grant for the purpose or purposes
described in the State Program Enabling Legislation.
C.It has legal authority to operate the State Program and the Real Property and, if
applicable, Facility for the purposes required by the State Program and for the functions and
activities proposed in the Grant Application.
D.This Agreement, the Declaration, and all other documents referred to herein are
the legal, valid and binding obligations of the Public Entity enforceable against the Public
Entity in accordance with their respective terms.
E.It will comply with all of the terms, conditions, provisions, covenants,
requirements, and warranties in this Agreement, the Declaration, and all other documents
referred to herein.
F.It will comply with all of the provisions and requirements contained in and
Program.
G.It has made no material false statement or misstatement of fact in connection
with its receipt of the Program Grant, and all of the information it has submitted or will
submit to the State Entity or Commissioner of MMB relating to the Program Grant or the
disbursement of any of the Program Grant is and will be true and correct.
H.It is not in violation of any provisions of its charter or of the laws of the State of
Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge
threatened, before any judicial body or governmental authority against or affecting it
relating to the Real Property and, if applicable, Facility, or its ownership interest therein,
and it is not in default with respect to any order, writ, injunction, decree, or demand of any
court or any governmental authority which would impair its ability to enter into this
Agreement, the Declaration, or any document referred to herein, or to perform any of the
acts required of it in such documents.
I.Neither the execution and delivery of this Agreement, the Declaration, or any
document referred to herein nor compliance with any of the terms, conditions,
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requirements, or provisions contained in any of such documents is prevented by, is a breach
of, or will result in a breach of, any term, condition, or provision of any agreement or
document to which it is now a party or by which it is bound.
J.The contemplated use of the Real Property and, if applicable, Facility will not
violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or
any covenant or agreement of record relating thereto.
K.The Project has been or will be completed in full compliance with all applicable
laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local
political subdivisions having jurisdiction over the Project.
L.Allapplicable licenses, permits and bonds required for the performance and
completion of the Project have been, or will be, obtained.
M.Allapplicable licenses, permits and bonds required for the operation of the Real
Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or
will be, obtained.
N.It will operate, maintain, and manage the Real Property and, if applicable,
Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained
and managed in compliance with all applicable laws, statutes, rules, ordinances, and
regulations issued by any federal, state, or local political subdivisions having jurisdiction
over the Real Property and, if applicable, Facility.
O.It will fully enforce the terms and conditions contained in any Use Contract.
P.It has complied with the matching funds requirement, if any, contained in
Section 7.23.
Q.It will not, without the prior written consent of the State Entity and the
Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or
encumbrance that can be satisfied by the payment of monies and which is not being
actively contested to be created or exist against the
Real Property or, if applicable, Facility, or the Counterparty interest in the Use Contract,
whether such lien or encumbrance is superior or subordinate to the Declaration. Provided,
however, the State Entity and the Commissioner of MMB will consent to any such lien or
encumbrance that secures the repayment of a loan the repayment of which will not impair
or burden the funds needed to operate the Real Property and, if applicable, Facility in the
manner specified in Section 2.04, and for which the entire amount is used (i) to acquire
additional real estate that is needed to so operate the Real Property and, if applicable,
Facility in accordance with the requirements imposed under Section 2.04 and will be
included in and as part of the in the Real Property and, if
applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so
operate the Real Property and, if applicable, Facility in accordance with the requirements
imposed under Section 2.04.
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R.It reasonably expects to possess the ownership interest in the Real Property and,
if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property
and, if applicable, Facility, and it does not expect to sell such ownership interest.
S.It does not reasonably expect to receive payments under a Use Contract in
excess of the amount the Public Entity needs and is authorized to use to pay the operating
expenses of the portion of the Real Property and, if applicable, Facility that is the subject of
the Use Contract or to pay the principal, interest, redemption premiums, and other expenses
on any Approved Debt.
T.It will supply, or cause to be supplied, whatever funds are needed above and
beyond the amount of the Program Grant to complete and fully pay for the Project.
U.It has or will promptly record a fully executed Declaration with the appropriate
governmental office and deliver a copy thereof to the State Entity and to Minnesota
Management and Budget (attention: Capital Projects Manager) that contains all of the
recording information.
V.The Useful Life of the Real Property and, if applicable, Facility is ____ years.
W.It shall furnish such satisfactory evidence regarding the representations and
warranties described herein as may be required and requested by either the State Entity or
the Commissioner of MMB.
Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if
the Public Entity ownership interest in the Real Property, the Facility, if applicable, or both is
by way of a Real Property/Facility Lease or an easement. For all other circumstances this
Section is not needed and should be ignored and treated as if it were left blank, and any
reference to this Section in this Agreement shall be ignored and treated as if the reference did
not exist.
A.A Real Property/Facility Lease or easement must comply with the following
provisions.
1.It must be in form and contents acceptable to the Commissioner of MMB,
and specifically state that it may not be modified, restated, amended, changed in any
way, or prematurely terminated or cancelled without the prior written consent and
authorization by the Commissioner of MMB.
2.It must be for a term that is equal to or greater than 125% of the Useful
Life of the Real Property and, if applicable, Facility, or such other period of time
specifically authorized by a Minnesota statute, rule or session law.
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3.Any payments to be made under it by the Public Entity, whether
designated as rent or in any other manner, must be by way of a single lump sum
payment that is due and payable on the date that it is first made and entered into.
4.It must not contain any requirements or obligations of the Public Entity
that if not complied with could result in a termination thereof.
5.It must contain a provision that provides sufficient authority to allow the
Public Entity to operate the Real Property and, if applicable, Facility in accordance
with the requirements imposed under Section 2.04.
6.It must not contain any provisions that would limit or impair the Public
licable, Facility in accordance with
the requirements imposed under Section 2.04.
7.It must contain a provision that prohibits the Lessor/Grantor from creating
or allowing, without the prior written consent of the State Entity and the
Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or
encumbrance that can be satisfied by the payment of monies and which is not being
actively contested against the
interest in the Real Property/Facility Lease or easement, whether such lien or
encumbrance is superior or subordinate to the Declaration. Provided, however, the
State Entity and the Commissioner of MMB will consent to any such lien or
encumbrance if the holder of such lien or encumbrance executes and files of record a
document under which such holder subordinates such lien or encumbrance to the Real
Property/Facility Lease or easement and agrees that upon foreclosure of such lien or
encumbrance to be bound by and comply with all of the terms, conditions and
covenants contained in the Real Property/Facility Lease or easement as if such holder
had been an original Lessor/Grantor under the Real Property/Facility Lease or
easement.
8.It must acknowledge the existence of this Agreement and contain a
provision that the terms, conditions and provisions contained in this Agreement shall
control over any inconsistent or contrary terms, conditions and provisions contained
in the Real Property/Facility Lease or easement.
9.It must provide that any use restrictions contained therein only apply as
long as the Public Entity is the lessee under the Real Property/Facility Lease or
grantee under the easement, and that such use restrictions will terminate and not apply
to any successor lessee or grantee who purchases the
interest in the Real Property/Facility Lease or easement.Provided, however, it may
contain a provisions that limits the construction of any new structures on the Real
Property or modifications of any existing structures on the Real Property without the
written consent of Lessor/Grantor, which will apply to any such successor lessee or
grantee.
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10.It must allow for a transfer thereof in the event that the lessee under the
Real Property/Lease or grantee under the easement makes the necessary determination
to sell its interest therein, and allow such interest to be transferred to the purchaser of
such interest.
11.It must contain a provision that prohibits and prevents the sale of the
underlying fee interest in the Real Property and, if applicable, Facility without first
obtaining the written consent of the Commissioner of MMB.
12 The Public Entity must be the lessee under the Real Property/Lease or
grantee under the easement.
B.The provisions contained in this Section are not intended to and shall not
prevent the Public Entity from including additional provisions in the Real Property/Facility
Lease or easement that are not inconsistent with or contrary to the requirements contained
in this Section.
C.The expiration of the term of a Real Property/Facility Lease or easement shall
not be an event that requires the Public Entity to reimburse the State Entity for any portion
the Real Property and, if applicable, Facility shall no longer be subject to this Agreement.
D.The Public Entity shall fully and completely comply with all of the terms,
conditions and provisions contained in a Real Property/Facility Lease or easement, and
shall obtain and file, in the Office of the County Recorder or the Registrar of Titles,
whichever is applicable, the Real Property/Facility Lease or easement or a short form or
memorandum thereof.
Section 2.07 Event(s) of Default.The following events shall, unless waived in writing
by the State Entity and the Commissioner of MMB, constitute an Event of Default under this
Agreement upon either the State Entity or the Commissioner of MMB giving the Public Entity 30
days written notice of such event and th
30 day time period for those Events of Default that can be cured within 30 days or within
whatever time period is needed to cure those Events of Default that cannot be cured within 30
days as long as the Public Entity is using its best efforts to cure and is making reasonable
progress in curing such Events of Default, however, in no event shall the time period to cure any
Event of Default exceed 6 months unless otherwise consented to, in writing, by the State Entity
and the Commissioner of MMB.
A.If any representation, covenant, or warranty made by the Public Entity in this
Agreement, in any other document furnished pursuant to this Agreement, or in order to
induce the State Entity to disburse any of the Program Grant, shall prove to have been
untrue or incorrect in any material respect or materially misleading as of the time such
representation, covenant, or warranty was made.
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B.If the Public Entity fails to fully comply with any provision, term, condition,
covenant, or warranty contained in this Agreement, the Declaration, or any other document
referred to herein.
C.If the Public Entity fails to fully comply with any provision, term, condition,
covenant, or warranty contained in the G.O. Complian
Order, or the State Program Enabling Legislation.
D.If the Public Entity fails to provide and expend the full amount of the matching
funds, if any, required under Section 7.23 for the Project.
E.If the Public Entity fails to record the Declaration and deliver copies thereof as
set forth in Section 2.05.U.
Notwithstanding the foregoing, any of the above delineated events that cannot be cured
shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an
Event of Default under this Agreement immediately upon either the State Entity or the
Commissioner of MMB giving the Public Entity written notice of such event.
Section 2.08 Remedies.Upon the occurrence of an Event of Default and at any time
thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State
Entity or the Commissioner of MMB may enforce any or all of the following remedies.
A.The State Entity may refrain from disbursing the Program Grant; provided,
however, the State Entity may make such disbursements after the occurrence of an Event of
Default without thereby waiving its rights and remedies hereunder.
B.If the Event of Default involves a failure to comply with any of the provisions
contained herein other than the provisions contained in Sections 4.01 or 4.02, then the
Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that
the Outstanding Balance of the Program Grant be returned to it, and upon such demand the
Public Entity shall return such amount to the Commissioner of MMB.
C.If the Event of Default involves a failure to comply with the provisions
contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party
beneficiary of this Agreement, may demand that the Public Entity pay the amounts that
would have been paid if there had been full and complete compliance with such provisions,
and upon such demand the Public Entity shall pay such amount to the Commissioner of
MMB.
D.Either the State Entity or the Commissioner of MMB, as a third party
beneficiary of this Agreement, may enforce any additional remedies they may have in law
or equity.
The rights and remedies herein specified are cumulative and not exclusive of any rights or
remedies that the State Entity or the Commissioner of MMB would otherwise possess.
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If the Public Entity does not repay the amounts required to be paid under this Section or
under any other provision contained in this Agreement within 30 days of demand by the
Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30
days of entry of judgment against the Public Entity and in favor of the State Entity and/or the
Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off-
set against any aids or other monies that the Public Entity is entitled to receive from the State of
Minnesota.
Section 2.09 Notification of Event of Default.The Public Entity shall furnish to the
State Entity and the Commissioner of MMB, as soon as possible and in any event within 7 days
after it has obtained knowledge of the occurrence of each Event of Default or each event which
with the giving of notice or lapse of time or both would constitute an Event of Default, a
statement setting forth details of each Event of Default or event which with the giving of notice
or upon the lapse of time or both would constitute an Event of Default and the action which the
Public Entity proposes to take with respect thereto.
Section 2.10 Survival of Event of Default.This Agreement shall survive any and all
Events of Default and remain in full force and effect even upon the payment of any amounts due
under this Agreement, and shall only terminate in accordance with the provisions contained in
Section 2.12 and at the end of its term in accordance with the provisions contained in Section
2.11.
Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier
terminated in accordance with any of the provisions contained herein, remain in full force and
effect for the time period starting on the effective date hereof and ending on the date that
corresponds to the date established by adding a time period equal to 125% of Useful Life of the
Real Property and, if applicable, Facility to the date on which the Real Property and, if
applicable, Facility is first used for the operation of the State Program after such effective date.
If there are no uncured Events of Default as of such date this Agreement shall terminate and no
longer be of any force or effect, and the Commissioner of MMB shall execute whatever
documents are needed to release the Real Property and, if applicable, Facility from the effect of
this Agreement and the Declaration.
Section 2.12 Modification and/or Early Termination of Grant.If the full amount of
the Program Grant has not been disbursed on or before the date that is 5 years from the effective
date of this Agreement, or such later date to which the Public Entity and the State Entity may
bligation to fund the Program Grant shall terminate. In
such event, (i) if none of the Program Grant has been disbursed by such date then the State
shall terminate and no longer be of any force or effect, and (ii) if some but not all of the Program
Grant has been disbursed by such date then the State Entity shall have no further obligation to
provide any additional funding for the Program Grant and this Agreement shall remain in full
force and effect but shall be modified and amended to reflect the amount of the Program Grant
that was actually disbursed as of such date.
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This Agreement shall also terminate and no longer be of any force or effect upon the Public
Entityssale of its ownership interest in the Real Property and, if applicable, Facility in
accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the
proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained
in Section
Property and, if applicable, Facility if such ownership interest is by way of an easement or under
a Real Property/Facility Lease. Upon such termination the State Entity shall execute, or have
executed, and deliver to the Public Entity such documents as are required to release the Public
Agreement and the Declaration.
Section 2.13 Excess Funds. If the full amount of the Program Grant and any matching
funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in
the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced
by the amount not needed.
Article III
USE CONTRACTS
This Article III and its contents is only needed and only applies if the Public Entity enters into an
agreement with another party under which such other party will operate any portion of the Real
Property, and if applicable, Facility. For all other circumstances this Article III and its contents
are not needed and should be ignored and treated as if it were left blank, and any reference to
this Article III, its contents, and the term Use Contract in this Agreement shall be ignored and
treated as if the references did not exist.
Section 3.01 General Provisions. If the Public Entity has statutory authority to enter
into a Use Contract, then it may enter into Use Contracts for various portions of the Real
Property and, if applicable, Facility; provided that each and every Use Contract that the Public
Entity enters into must comply with the following requirements:
A.The purpose for which it was entered into must be to operate the State Program
in the Real Property and, if applicable, Facility.
B.It must contain a provision setting forth the statutory authority under which the
Public Entity is entering into such contract, and must comply with the substantive and
procedural provisions of such statute.
C.It must contain a provision stating that it is being entered into in order for the
Counterparty to operate the State Program and must describe such program.
D.It must contain a provision that will provide for oversight by the Public Entity.
Such oversight may be accomplished by way of a provision that will require the
Counterparty to provide to the Public Entity: (i) an initial program evaluation report for the
first fiscal year that the Counterparty will operate the State Program, (ii) program budgets
for each succeeding fiscal year showing that forecast program revenues and additional
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revenues available for the operation of the State Program (from all sources) by the
Counterparty will equal or exceed expenses for such operation for each succeeding fiscal
year, and (iii) a mechanism under which the Public Entity will annually determine that the
Counterparty is using the portion of the Real Property and, if applicable, Facility that is the
subject of the Use Contract to operate the State Program.
E.It must allow for termination by the Public Entity in the event of a default
thereunder by the Counterparty, or in the event that the State Program is terminated or
changed in a manner that precludes the operation of such program in the portion of the Real
Property and, if applicable, Facility that is the subject of the Use Contract.
F.It must terminate upon the termination of the statutory authority under which
the Public Entity is operating the State Program.
G.It must require the Counterparty to pay all costs of operation and maintenance
of that portion of the Real Property and, if applicable, Facility that is the subject of the Use
Contract, unless the Public Entity is authorized by law to pay such costs and agrees to pay
such costs.
H.If the Public Entity pays monies to a Counterparty under a Use Contract, such
Use Contract must meet the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that such
I.It must be approved, in writing, by the Commissioner of MMB, and any Use
Contract that is not approved, in writing, by the Commissioner of MMB shall be null and
void and of no force or effect.
J.It must contain a provision requiring that each and every party thereto shall,
upondirection by the Commissioner of MMB, take such actions and furnish such
documents to the Commissioner of MMB as the Commissioner of MMB determines to be
necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal
income taxation.
K.It must contain a provision that prohibits the Counterparty from creating or
allowing, without the prior written consent of the State Entity and the Commissioner of
MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be
satisfied by the payment of monies and which is not being actively contested against the
Real Property or, if applicable, Facility,
Property or, if applicable, Facility, or the Counterpartys interest in the Use Contract,
whether such lien or encumbrance is superior or subordinate to the Declaration. Provided,
however, the State Entity and the Commissioner of MMB will consent, in writing, to any
such lien or encumbrance that secures the repayment of a loan the repayment of which will
not impair or burden the funds needed to operate the portion of the Real Property and, if
applicable, Facility that is the subject of the Use Contract in the manner specified in
Section 2.04 and for which the entire amount is used (i) to acquire additional real estate
that is needed to so operate the Real Property and, if applicable, Facility in accordance with
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the requirements imposed under Section 2.04 and will be included in and as part of the
in the Real Property and, if applicable, Facility, and/or
(ii) to pay for capital improvements that are needed to so operate the Real Property and, if
applicable, Facility in accordance with the requirements imposed under Section 2.04.
L. If the amount of the Program Grant exceeds $200,000.00, then it must contain a
provision requiring the Counterparty to list any vacant or new positions it may have with
state workforce centers as required by Minn. Stat. § 116L.66, as it may be amended,
modified or replaced from time to time, for the term of the Use Contract.
M. It must contain a provision that clearly states that the Public Entity is not
required to renew the Use Contract beyond the original term thereof and that the Public
Entity may, at its sole option and discretion, allow the Use Contract to expire at the end of
its original term and thereafter directly operate the governmental program in the Real
Property and, if applicable, Facility or contract with some other entity to operate the
governmental program in the Real Property and, if applicable, Facility.
Section 3.02 Initial Term and Renewal.The initial term for a Use Contract may not
exceed the lesser of (i) 50% of the Useful Life of the Real Property and, if applicable, Facility for
the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract,
and, if
applicable, Facility.
A Use Contract may allow for renewals beyond its initial term on the conditions that (a) the
term of any renewal may not exceed the initial term, (b) the Public Entity must make a
determination that renewal will continue to carry out the State Program and that the Counterparty
is suited and able to perform the functions contained in Use Contract that is to be renewed, (c)
the Use Contract may not include any provisions that would require, either directly or indirectly,
the Public Entity to either make the determination referred to in this Section or to renew the Use
Contract with the Counterparty after the expiration of the initial term or any renewal term, and
(d) no such renewal may occur prior to the date that is 6 months prior to the date on which the
Use Contract is scheduled to terminate. Provided, however, notwithstanding anything to the
for any investment that the Counterparty provided for the acquisition or betterment of the Real
Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity
does not renew a Use Contract if requested by the Counterparty is not deemed to be a provision
that directly or indirectly requires the Public Entity to renew such Use Contract.
Section 3.03 Reimbursement of Counterparty.A Use Contract may but need not
contain, at the sole option and discretion of the Public Entity, a provision that requires the Public
Entity to reimburse the Counterparty for any investment that the Counterparty provided for the
acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the
Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty.
If agreed to by the Public Entity, such reimbursement shall be on terms and conditions agreed to
by the Public Entity and the Counterparty.
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Section 3.04 Receipt of Monies Under a Use Contract.The Public Entity does not
anticipate the receipt of any funds under a Use Contract, provided, however, if the Public Entity
does receive any monies under a Use Contract in excess of the amount the Public Entity needs
and is authorized to use to pay the operating expenses of theportion of the Real Property and, if
applicable, Facility that is the subject of a Use Contract, and to pay the principal, interest,
redemption premiums, and other expenses on Approved Debt, then a portion of such excess
monies must be paid by the Public Entity to the Commissioner of MMB. The portion of such
excess monies that the Public Entity must and shall pay to the Commissioner of MMB shall be
determined by the Commissioner of MMB, and absent circumstances which would indicate
otherwise such portion shall be determined by multiplying such excess monies by a fraction the
numerator of which is the Program Grant and the denominator of which is sum of the Program
Grant and the Approved Debt.
Article IV
SALE
Section 4.01 Sale.The Public Entity shall not sell any part of its ownership interest in
the Real Property and, if applicable, Facility unless all of the following provisions have been
complied with fully.
A.The Public Entity determines, by official action, that such ownership interest is
no longer usable or needed for the operation of the State Program, which such
determination may be based on a determination that the portion of the Real Property or, if
applicable, Facility to which such ownership interest applies is no longer suitable or
financially feasible for such purpose.
B.The sale is made as authorized by law.
C.The sale is for Fair Market Value.
D.The written consent of the Commissioner of MMB has been obtained.
roperty and, if
applicable, Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or
enforcement of a security interest in personal property used in the operation thereof, by a lender
that has provided monies for the acquisition o
betterment of the Real Property and, if applicable, Facility shall not be considered a sale for the
purposes of this Agreement if after such acquisition the lender operates such portion of the Real
Property and, if applicable, Facility in a manner which is not inconsistent with the requirements
imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a
position of the acquired
interest in the Real Property and, if applicable, Facility shall be deemed to be a sale for the
purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the
provisions contained in Section 4.02.
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The Public Entity may participate in any public auction of its ownership interest in the Real
Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if
it is the successful purchaser it will not use any part of the Real Property or, if applicable, Facility
for the State Program.
Section 4.02Proceeds of a Sale.Upon the sale of the
in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all
costs directly associated and incurred in conjunction with such sale and such other costs that are
approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt
associated with the in the Real Property and, if applicable,
Facility, shall be disbursed in the following manner and order.
A.The first distribution shall be to the Commissioner of MMB in an amount equal
to the Outstanding Balance of the Program Grant, and if the amount of such net proceeds
shall be less than the amount of the Outstanding Balance of the Program Grant then all of
such net proceeds shall be distributed to the Commissioner of MMB.
B.The remaining portion, after the distribution specified in Section 4.02.A, shall
be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public
Entity for its Ownership Value, and (iii) to pay interested public and private entities, other
than any such entity that has already received the full amount of its contribution (such as
the State Entity under Section 4.02.A and the holders of Approved Debt paid under this
Section 4.02.B), the amount of money that such entity contributed to the Initial Acquisition
and Betterment Costs and the Subsequent Betterment Costs.If such remaining portion is
not sufficient to reimburse interested public and private entities for the full amount that
such entities contributed to the acquisition or betterment of the Real Property and, if
applicable, Facility, then the amount available shall be distributed as such entities may
agree in writing, and if such entities cannot agree by an appropriately issued court order.
C.The remaining portion, after the distributions specified in Sections 4.02.A and
B, shall be divided and distributed to the State Entity, the Public Entity, and any other
public and private entity that contributed funds to the Initial Acquisition and Betterment
Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such
funds, in proportion to the contributions that the State Entity, the Public Entity, and such
other public and private entities made to the acquisition and betterment of the Real Property
and, if applicable, Facility as such amounts are part of the Ownership Value, Initial
Acquisition and Betterment Costs, and Subsequent Betterment Costs.
The distribution to the State Entity shall be made to the Commissioner of MMB, and the
Public Entity may direct its distribution to be made to any other entity including, but not limited
to, a Counterparty.
All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the
Commissioner of MMB, and no such disbursements shall be made without such consent.
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The Public Entity shall not be required to pay or reimburse the State Entity or the
Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even
if such net proceeds are less than the amount of the Outstanding Balance of the Program Grant.
Article V
COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION
Section 5.01 State Bond Financed Property. The Public Entity and the State Entity
applicable, Facility is, or when acquired
Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to
the Public Entit
Use Contracts relating thereto.
Section 5.02 Preservation of Tax Exempt Status.In order to preserve the tax-exempt
status of the G.O. Bonds, the Public Entity agrees as follows:
A.It will not use the Real Property or, if applicable, Facility, or use or invest the
Section 148 of the Code.
B.It will deposit into and hold all of the Program Grant that it receives under this
Agreement in a segregated non-interest bearing account until such funds are used for
payments for the Project in accordance with the provisions contained herein.
C.It will, upon written request, provide the Commissioner of MMB all
information required to satisfy the informational requirements set forth in the Code
including, but not limited to, Sections 103 and 148 thereof, with respect to the G.O.Bonds.
D.It will, upon the occurrence of any act or omission by the Public Entity or any
Counterparty, that could cause the interest on the G.O. Bonds to no longer be tax exempt
and upon direction from the Commissioner of MMB, take such actions and furnish such
documents as the Commissioner of MMB determines to be necessary to ensure that the
interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action
may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as
nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13,
1997-1 CB 632, or (iii) changing the nature of the use of the Real Property or, if applicable,
Facility so that none of the net proceeds of the G.O. Bonds will be used, directly or
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meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code
provisions, regulations, or revenue procedures which amend or supersede the foregoing.
E.It will not otherwise use any of the Program Grant, including earnings thereon,
if any, or take or permit to or cause to be taken any action that would adversely affect the
exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take
any action necessary to maintain such tax exempt status, and if it should take, permit, omit
to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions
necessary to rescind or correct such actions or omissions promptly upon having knowledge
thereof.
Section 5.03
manner that reduces any requirement imposed against the Publ
ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O.
Entity the State Entity shall enter into and execute an amendment to this Agreement to
Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the
Article VI
DISBURSEMENT OF GRANT PROCEEDS
Section 6.01 Disbursement of Grant.Upon compliance with all of the conditions
delineated in Section 6.02, the State Entity shall disburse the Program Grant to the Public Entity
in one lump sum. Under no circumstance shall the State Entity be required to disburse funds in
excess of the amount requested by the Public Entity under the provisions contained in Section
6.02.A even if the amount requested is less than the amount of the Program Grant delineated in
Section 1.01. If the amount of Program Grant that the State Entity disburses hereunder to the
Public Entity is less than the amount of the Program Grant delineated in Section 1.01, then the
State Entity and the Public Entity shall enter into and execute whatever documents the State
Entity may request in order to amend or modify this Agreement to reduce the amount of the
Program Grant to the amount actually disbursed. Provided, however, in accordance with the
provisions contained in Section 2.11, the State Entity
Grant shall terminate as of the date specified in such Section even if the entire Program Grant
has not been disbursed by such date.
The Program Grant shall only be for expenses that (i) are for those items of a capital nature
for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated
the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in
writing, by the State Entity and the Commissioner of MMB.
Section 6.02 Conditions Precedent to Disbursement of Grant.The obligation of the
State Entity to disburse the Program Grant to the Public Entity is subject to the following
conditions precedent:
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A.The State Entity shall have received a request for disbursement of the Program
Grant specifying the amount of funds being requested, which such amount shall not exceed
the amount of the Program Grant delineated in Section 1.01.
B.The State Entity shall have received a duly executed Declaration that has been
duly recorded in the appropriate governmental office, with all of the recording information
displayed thereon.
C.The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions
necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the
Declaration are binding on and enforceable against the Public Entity.
D.The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Public Entity has fully and completely paid for the Project and
all other expenses that may occur in conjunction therewith.
E.The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Public Entity is in compliance with the matching funds
requirements, if any, contained in Section 7.23 and that all of such matching funds, if any,
have been expended for the Project.
F.The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, showing that the Public Entity possesses the ownership interest
delineated in Section 2.02.
G.The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Real Property and, if applicable, Facility and the contemplated
use thereof are permitted by and will comply with all applicable use or other restrictions
and requirements imposed by applicable zoning ordinances or regulations, and, if required
by law, have been duly approved by the applicable municipal or governmental authorities
having jurisdiction thereover.
H.The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that that all applicable and required building permits, other permits,
bonds and licenses necessary for the Project have been paid for, issued, and obtained, other
than those permits, bonds and licenses which may not lawfully be obtained until a future
date or those permits, bonds and licenses which in the ordinary course of business would
normally not be obtained until a later date.
I.The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that that all applicable and required permits, bonds and licenses
necessary for the operation of the Real Property and, if applicable, Facility in the manner
specified in Section 2.04 have been paid for, issued, and obtained, other than those permits,
bonds and licenses which may not lawfully be obtained until a future date or those permits,
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bonds and licenses which in the ordinary course of business would normally not be
obtained until a later date.
J.The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Project was completed in a manner that will allow the Real
Property and, if applicable, Facility to be operated in the manner specified in Section 2.04,
which requirement may be satisfied by a certificate of occupancy or such other equivalent
document from the municipality in which the Real Property is located.
K.The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Public Entity has the ability and a plan to fund the operation of
the Real Property and, if applicable, Facility in the manner specified in Section 2.04.
L.The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the insurance requirements under Section 7.01 have been satisfied.
M.The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, of compliance with the provisions and requirements specified in Section
7.10 and all additional applicable provisions and requirements, if any, contained in Minn.
Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Such
evidence shall include, but not be limited to, evidence that: (i) the predesign package
referred to in Section 7.10.B has, if required, been reviewed by and received a favorable
recommendation from the Commissioner of Administration for the State of Minnesota, (ii)
the program plan and cost estimates referred to in Section 7.10.C have, if required, received
a recommendation by the Chairs of the Minnesota State Senate Finance Committee and
Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and
Ranking Minority Member of the Minnesota House of Representatives Capital Investment
Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital
Investment Committee have, if required, been notified pursuant to Section 7.10.G.
N.NoEvent of Default under this Agreement or event which would constitute an
Event of Default but for the requirement that notice be given or that a period of grace or
time elapse shall have occurred and be continuing.
O.The Public Entity has supplied to the State Entity all other items that the State
Entity may reasonably require.
Article VII
MISCELLANEOUS
Section 7.01 Insurance.The Public Entity shall, upon acquisition of the ownership
interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the
full insurable value thereof (i) by self insuring under a program of self insurance legally adopted,
maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance
and fire and extended coverage insurance with a deductible in an amount acceptable to the State
Entity under which the State Entity and the Public Entity are named as loss payees. If damages
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which are covered by such required insurance occur, then the Public Entity shall, at its sole
option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or
partially repair such damage and to provide or cause to be provided whatever additional funds
that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in
the damaged Facility and portion of the Real Property associated therewith in accordance with
the provisions contained in Section 4.01.
If the Public Entity elects to only partially repair such damage, then the portion of the
insurance proceeds not used for such repair shall be applied in accordance with the provisions
contained in Section 4.02 as if the in the Real Property and
Facility had been sold, and such amounts shall be credited against the amounts due and owing
under Section 4.02 upon the ultimate sale of the in the Real
Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged
Facility and portion of the Real Property associated therewith, then such sale must occur within a
reasonable time period from the date the damage occurred and the cumulative sum of the
insurance proceeds plus the proceeds of such sale must be applied in accordance with the
provisions contained in Section 4.02, with the insurance proceeds being so applied within a
reasonable time period from the date they are received by the Public Entity.
The State Entity agrees to and will assign or pay over to the Public Entity all insurance
proceeds it receives so that the Public Entity can comply with the requirements that this Section
imposes thereon as to the use of such insurance proceeds.
If the Public Entity elects to maintain general comprehensive liability insurance regarding
the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity
named as an additional named insured therein.
The Public Entity may require a Counterparty to provide and maintain any or all of the
insurance required under this Section; provided that the Public Entity continues to be responsible
for the providing of such insurance in the event that the Counterparty fails to provide or maintain
such insurance.
At the written request of either the State Entity or the Commissioner of MMB, the Public
Entity shall promptly furnish to the requesting entity all written notices and all paid premium
receipts received by the Public Entity regarding the required insurance, or certificates of
insurance evidencing the existence of such required insurance.
If the Public Entity fails to provide and maintain the insurance required under this Section,
then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an
equivalent nature, and any funds expended by the State Entity to obtain or maintain such
insurance shall be due and payable on demand by the State Entity and bear interest from the date
of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate
allowed by law or 18% per annum based upon a 365-day year. Provided, however, nothing
contained herein, including but not limited to this Section, shall require the State Entity to obtain
duty to obtain and maintain such insurance.
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Section 7.02 Condemnation.If after the Public Entity has acquired the ownership
interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable,
Facility is condemned to an extent that the Public Entity can no longer comply with the
provisions contained in Section 2.04, then the Public Entity shall, at its sole option and
discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in
additional real property needed for the Public Entity to continue to comply with the provisions
contained in Section 2.04 and, if applicable, to fully or partially restore the Facility, and to
provide or cause to be provided whatever additional funds that may be needed for such purposes,
or (ii) sell the remaining portion of its ownership interest in the Real Property and, if applicable,
Facility in accordance with the provisions contained in Section 4.01. Any condemnation
proceeds which are not used to acquire an interest in additional real property or to restore, if
applicable, the Facility shall be applied in accordance with the provisions contained in Section
had been sold, and such amounts shall be credited against the amounts due and owing under
Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest
in the portion of the Real Property and, if applicable, Facility that remains after the
condemnation, then such sale must occur within a reasonable time period from the date the
condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds
of such sale must be applied in accordance with the provisions contained in Section 4.02, with
the condemnation proceeds being so applied within a reasonable time period from the date they
are received by the Public Entity.
As recipient of any of condemnation awards or proceeds referred to herein, the State Entity
agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation
awards or proceeds it receives so that the Public Entity can comply with the requirements that
this Section imposes upon the Public Entity as to the use of such condemnation awards or
proceeds.
Section 7.03 Use, Maintenance, Repair and Alterations.The Public Entity shall (i)
keep the Real Property and, if applicable, Facility, in good condition and repair, subject to
reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike
manner any building or other improvement which may be constructed on the Real Property and
promptly restore in like manner any portion of the Facility, if applicable, which may be damaged
or destroyed thereon and pay when due all claims for labor performed and materials furnished
therefor, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions
and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part
thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting
grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v)
comply with the provisio
interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with
the provisions of any easement if its ownership interest in the Real Property and, if applicable,
Facility is by way of such easement, and (vii) comply with the provisions of any condominium
documents and any applicable reciprocal easement or operating agreements if the Real Property
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and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement
or use contract.
The Public Entity shall not, without the written consent of the State Entity and the
Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable,
Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish
or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as
may be required by laws, ordinances or regulations or such other alterations as may improve such
Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to
be used to operate the State Program thereon or therein, (c) do any act or thing which would
unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon
the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of
the Real Property or, if applicable, Facility, (f) remove any fixtures or personal property from the
Real Property or, if applicable, Facility, that was paid for with the proceeds of the Program Grant
unless the same are immediately replaced with like property of at least equal value and utility, or
(g)commit, suffer or permit any act to be done in or upon the Real Property or, if applicable,
Facility, in violation of any law, ordinance or regulation.
If the Public Entity fails to maintain the Real Property and, if applicable, Facility in
accordance with the provisions contained in this Section, then the State Entity may perform
whatever acts and expend whatever funds that are necessary to so maintain the Real Property
and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State
Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to
necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or
funds expended by the State Entity hereunder shall be at its sole option and discretion, and
nothing contained herein, including but not limited to this Section, shall require the State Entity
to take any action, incur any expense, or expend any funds, and the State Entity shall not be
responsible for or liable to the Public Entity or any other entity for any such acts that are
undertaken and performed in good faith and not in a negligent manner. Any funds expended by
the State Entity to perform such acts as may to necessary to so maintain the Real Property and, if
applicable, Facility shall be due and payable on demand by the State Entity and bear interest from
the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest
rate allowed by law or 18% per annum based upon a 365 day year.
Section 7.04 Records Keeping and Reporting.The Public Entity shall maintain or
cause to be maintained books, records, documents and other evidence pertaining to the costs or
expenses associated with the Project and operation of the Real Property and, if applicable,
Facility needed to comply with the requirements contained in this Agreement, the G.O.
and upon request shall allow or cause the entity which is maintaining such items to allow the
State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or
the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items.
The Public Entity shall use or cause the entity which is maintaining such items to use generally
accepted accounting principles in the maintenance of such items, and shall retain or cause to be
retained (i) all of such items that relate to the Project for a period of 6 years from the date that the
Project is fully completed and placed into operation, and (ii) all of such items that relate to the
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operation of the Real Property and, if applicable, Facility for a period of 6 years from the date
such operation is initiated.
Section 7.05 Inspections by State Entity.Upon reasonable request by the State Entity
and without interfering with the normal use of the Real Property and, if applicable, Facility, the
Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a
Use Contract for any portion of the Real Property and, if applicable, Facility to allow the State
Entity to inspect the Real Property and, if applicable, Facility.
Section 7.06 Data Practices.The Public Entity agrees with respect to any data that it
possesses regarding the Program Grant, the Project, or the operation of the Real Property and, if
applicable, Facility, to comply with all of the provisions and restrictions contained in the
Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes
that exists as of the date of this Agreement and as such may subsequently be amended, modified
or replaced from time to time.
Section 7.07 Non-Discrimination.The Public Entity agrees to not engage in
discriminatory employment practices regarding the Project, or operation or management of the
Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply
with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that
exist as of the date of this Agreement and as such may subsequently be amended, modified or
replaced from time to time.
Section 7.08 The Public Entity agrees to comply with all of
ensation contained in Minn. Stat. §§ 176.181, subd. 2
and 176.182, as they may be amended, modified or replaced from time to time, with respect to
the Project and the operation or management of the Real Property and, if applicable, Facility.
Section 7.09 Antitrust Claims.The Public Entity hereby assigns to the State Entity and
the Commissioner of MMB all claims it may have for overcharges as to goods or services
provided with respect to the Project, and operation or management of the Real Property and, if
applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United
States of America.
Section 7.10 Review of Plans and Cost Estimates.The Public Entity agrees to comply
with all applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it
may be amended, modified or replaced from time to time, for the Project, and in accordance
therewith the Public Entity agrees to comply with the following provisions and requirements if
such provisions and requirements are applicable.
A.The Public Entity shall provide all information that the State Entity may request
in order for the State Entity to determine that the Project will comply with the provisions
and requirements contained in Minn. Stat. § 16B.335, as it may be amended, modified or
replaced from time to time.
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B.Prior to its proceeding with design activities for the Project the Public Entity
shall prepare a predesign package and submit it to the Commissioner of Administration for
the State of Minnesota for review and comment. The predesign package must be sufficient
to define the purpose, scope, cost, and projected schedule for the Project, and must
demonstrate that the Project has been analyzed according to appropriate space and needs
standards. Any substantial changes to such predesign package must be submitted to the
Commissioner of Administration for the State of Minnesota for review and comment.
C.If the Project includes the construction of a new building, substantial addition to
an existing building, a substantial change to the interior configuration of an existing
building, or the acquisition of an interest in land, then the Public Entity shall not prepare
final plans and specifications until it has prepared a program plan and cost estimates for all
elements necessary to complete the Project and presented them to the Chairs of the
Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways
and Means Committee and the chairs have made their recommendations, and it has notified
the Chair and Ranking Minority Member of the Minnesota House of Representatives
Capital Investment Committee and the Chair and Ranking Minority Member of the
Minnesota State Senate Capital Investment Committee. The program plan and cost
estimates must note any significant changes in the work to be performed on the Project, or
in its costs, which have arisen since the appropriation from the legislature for the Project
was enacted or which differ from any previous predesign submittal.
D.The Public Entity must notify the Chairs and Ranking Minority Members of the
Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota
House of Representatives Capital Investment and Ways and Means Committees of any
significant changes to the program plan and cost estimates referred to in Section 7.10.C.
E.The program plan and cost estimates referred to in Section 7.10.C must ensure
that the Project will comply with all applicable energy conservation standards contained in
law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or
replaced from time to time, and all rules adopted thereunder.
F.If any of the Program Grant is to be used for the construction or remodeling of
the Facility, then both the predesign package referred to in Section 7.10.B and the program
plan and cost estimates referred to in Section 7.10.C must include provisions for cost-
effective information technology investments that will enable the occupant of the Facility to
reduce its need for office space, provide more of its services electronically, and decentralize
its operations.
G.If the Project does not involve the construction of a new building, substantial
addition to an existing building, substantial change to the interior configuration of an
existing building, or the acquisition of an interest in land, then prior to beginning work on
the Project the Public Entity shall just notify the Chairs and Ranking Minority Members of
the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota
House of Representatives Capital Investment and Ways and Means Committees that the
work to be performed is ready to begin.
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H.The Project must be: (i) substantially completed in accordance with the program
plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the
time schedule contained in the program plan referred to in Section 7.10.C, and (iii)
completed within the budgets contained in the cost estimates referred to in Section 7.10.C.
Provided, however, the provisions and requirements contained in this Section only apply to
public lands or buildings or other public improvements of a capital nature, and shall not apply to
the demolition or decommissioning of state assets, hazardous material projects, utility
infrastructure projects, environmental testing, parking lots, parking structures, park and ride
facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting,
fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or
heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams,
floodwater retention systems, water access sites, harbors, sewer separation projects, water and
wastewater facilities, port development projects for which the Commissioner of Transportation
for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04,
as it may be amended, modified or replaced from time to time, ice centers, local government
projects with a construction cost of less than $1,500,000.00, or any other capital project with a
construction cost of less than $750,000.00.
Section 7.11 Prevailing Wages.The Public Entity agrees to comply with all of the
applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those
provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended,
modified or replaced from time to time with respect to the Project and the operation of the State
Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the
Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or
the operation of the State Program on or in the Real Property and, if applicable, Facility.
Section 7.12 Liability.The Public Entity and the State Entity agree that they will,
subject to any indemnifications provided herein, be responsible for their own acts and the results
thereof to the extent authorized by law, and they shall not be responsible for the acts of the other
party and the results thereof. The liability of the State Entity and the Commissioner of MMB is
governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or
Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such
may subsequently be amended, modified or replaced from time to time, then the liability of the
Public Entity, including but not limited to the indemnification provided under Section 7.13, is
governed by the provisions contained in such Chapter 466.
Section 7.13 Indemnification by the Public Entity.The Public Entity shall bear all
operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold
harmless the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents,
servants and employees from all claims, demands and judgments made or recovered against the
State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and
employees, because of bodily injuries, including death at any time resulting therefrom, or
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because of damages to property of the State Entity, the Commissioner of MMB, or the State of
Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental
to, or in connection with the Project or operation of the Real Property and, if applicable, Facility,
whether or not due to any act of omission or commission, including negligence of the Public
Entity or any contractor or his or their employees, servants or agents, and whether or not due to
any act of omission or commission (excluding, however, negligence or breach of statutory duty)
of the State Entity, the Commissioner of MMB, or the State of Minnesota, their employees,
servants or agents.
The Public Entity further agrees to indemnify, save, and hold the State Entity, the
Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from
all claims arising out of, resulting from, or in any manner attributable to any violation by the
Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees,
or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees
and disbursements paid or incurred to enforce the provisions contained in Section 7.06.
by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance
policy.
Section 7.14 Relationship of the Parties.Nothing contained in this Agreement is
intended or should be construed in any manner as creating or establishing the relationship of co-
partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of
MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or
employee of the State Entity, the Commissioner of MMB, or the State of Minnesota in the
performance of this Agreement, the Project, or operation of the Real Property and, if applicable,
Facility.
The Public Entity represents that it has already or will secure or cause to be secured all
personnel required for the performance of this Agreement and the Project, and the operation and
maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity
or other persons while engaging in the performance of this Agreement, the Project, or the
operation and maintenance of the Real Property and, if applicable, Facility shall not have any
contractual relationship with the State Entity, the Commissioner of MMB, or the State of
Minnesota, and shall not be considered employees of any of such entities. In addition, all claims
that may arise on behalf of said personnel or other persons out of employment or alleged
State of Minnesota, claims of discrimination against the Public Entity, its officers, agents,
contractors, or employees shall in no way be the responsibility of the State Entity, the
Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not
require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the
State Entity, the Commissioner of MMB, or the State of Minnesota including, but not limited to,
tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance
pay and retirement benefits.
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Section 7.15 Notices.In addition to any notice required under applicable law to be given
in another manner, any notices required hereunder must be in writing and shall be sufficient if
personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the
business address of the party to whom it is directed. Such business address shall be that address
specified below or such different address as may hereafter be specified, by either party by written
notice to the other:
To the Public Entity at:
«13»
«13»
«13» , MN «13»
Attention: «13»
To the State Entity at:
«14»
«14»
«14» , MN «14»
Attention: «14»
To the Commissioner of MMB at:
Minnesota Department of Management and Budget
400 Centennial Office Bldg.
658 Cedar St.
St. Paul, MN 55155
Attention: Commissioner
Section 7.16Binding Effect and Assignment or Modification.This Agreement and
the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State
Entity, and their respective successors and assigns. Provided, however, that neither the Public
Entity nor the State Entity may assign any of its rights or obligations under this Agreement or the
Declaration without the prior written consent of the other party. No change or modification of
the terms or provisions of this Agreement or the Declaration shall be binding on either the Public
Entity or the State Entity unless such change or modification is in writing and signed by an
authorized official of the party or against which such change or modification is to be imposed.
Section 7.17 Waiver.Neither the failure by the Public Entity, the State Entity, or the
Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more
instances to insist upon the complete and total observance or performance of any term or
provision hereof, nor the failure of the Public Entity, the State Entity, or the Commissioner of
MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy
conferred hereunder or afforded by law shall be construed as waiving any breach of such term,
provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no
delay on the part of the Public Entity, the State Entity, or the Commissioner of MMB, as a third
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party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as
a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or
further exercise thereof or the exercise of any other right or remedy.
Section 7.18 Entire Agreement.This Agreement, the Declaration, and the documents,
if any, referred to and incorporated herein by reference embody the entire agreement between the
Public Entity and the State Entity, and there are no other agreements, either oral or written,
between the Public Entity and the State Entity on the subject matter hereof.
Section 7.19 Choice of Law and Venue. All matters relating to the validity,
construction, performance, or enforcement of this Agreement or the Declaration shall be
determined in accordance with the laws of the State of Minnesota. All legal actions initiated
with respect to or arising from any provision contained in this Agreement shall be initiated, filed
and venued in the State of Minnesota District Court located in the City of St. Paul, County of
Ramsey, State of Minnesota.
Section 7.20 Severability.If any provision of this Agreement is finally judged by any
court to be invalid, then the remaining provisions shall remain in full force and effect and they
shall be interpreted, performed, and enforced as if the invalid provision did not appear herein.
Section 7.21 Time of Essence.Time is of the essence with respect to all of the matters
contained in this Agreement.
Section 7.22 Counterparts.This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be an original, but such
counterparts shall together constitute one and the same instrument.
Section 7.23 Matching Funds.The Public Entity must obtain and supply the following
matching funds, if any, for the Project:
«15»
Any matching funds which are intended to meet the above requirements must either be in the
form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or
contributions, including equity, which have been or will be used to pay for the Project. The
Public Entity shall supply to the Commissioner of MMB whatever documentation the
Commissioner of MMB may request to substantiate the availability and source of any matching
funds, and the source and terms relating to all matching funds must be consented to, in writing,
by the Commissioner of MMB.
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Section 7.24 Source and Use of Funds.The Public Entity represents to the State Entity
and the Commissioner of MMB that Attachment III is intended to be and is a source and use of
funds statement showing the total cost of the Project and all of the funds that are available for the
completion of the Project, and that the information contained in such Attachment III correctly
and accurately delineates the following information.
A.The total cost of the Project detailing all of the major elements that make up
such total cost and how much of such total cost is attributed to each such major element.
B.The source of all funds needed to complete the Project broken down among the
following categories:
(i)State funds including the Program Grant, identifying the source and
amount of such funds.
(ii)Matching funds, identifying the source and amount of such funds.
(iii)Other funds supplied by the Public Entity, identifying the source and
amount of such funds.
(iv)Loans, identifying each such loan, the entity providing the loan, the
amount of each such loan, the terms and conditions of each such loan, and
all collateral pledged for repayment of each such loan.
(v)Other funds, identifying the source and amount of such funds.
C.Such other financial information that is needed to correctly reflect the total
funds available for the completion of the Project, the source of such funds and the expected
use of such funds.
Previously paid project expenses that are to be reimbursed and paid from proceeds of the
Program Grant may only be included as a source of funds and included in Attachment IIIif such
items have been approved, in writing, by the Commissioner of MMB.
If any of the funds included under the source of funds have conditions precedent to the
release of such funds, then the Public Entity must provide to the State Entity and the
Commissioner of MMB a detailed description of such conditions and what is being done to
satisfy such conditions.
The Public Entity shall also supply whatever other information and documentation that the
State Entity or the Commissioner of MMB may request to support or explain any of the
information contained in Attachment III.
Facility should only be shown in Attachment III if such ownership interest is being acquired
and paid for with funds shown in such Attachment III, and for all other circumstances such
value should be shown in the definition for Ownership Value in Section 1.01 and not included in
such Attachment III.
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The funds shown in Attachment III and to be supplied for the Project may, subject to any
limitations contained in the State Program Enabling Legislation, be provided by either the Public
Entity or a Counterparty under a Use Contract.
Section 7.25 Third-Party Beneficiary. The State Program will benefit the State of
Minnesota and the provisions and requirements contained herein are for the benefit of both the
State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its
Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement.
Section 7.26 Public Entity Tasks. Any tasks that this Agreement imposes upon the
Public Entity may be performed by such other entity as the Public Entity may select or designate,
provided that the failure of such other entity to perform said tasks shall be deemed to be a failure
to perform by the Public Entity.
Section 7.27 State Entity and Commissioner Required Acts and Approvals.The
State Entity and the Commissioner of MMB shall not (i) perform any act herein required or
authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is
required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval
that is required of it herein.
Section 7.28 Applicability to Real Property and Facility.This Agreement applies to
that this Agreement will apply to a Facility if one exists, and if no Facility exists then this
Section 7.29E-Verification. The Public Entity agrees and acknowledges that it is aware
of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to
confirm that such employees are legally entitled to work in the United States, and that it will, if
and when applicable, fully comply with such statute and impose a similar requirement in any Use
Contract to which it is a party.
Section 7.30 Jobs Reporting Requirements. Pursuant to Minn. Stat. § 16A.633,
Subd. 4, the Public Entity shall collect, maintain and, upon completion of the Project, provide the
information indicated in Attachment V of this Agreement, to the Commissioner of MMB. The
information must include, but is not limited to, the following: the number and types of jobs
created by the Project, whether the jobs are new or retained, where the jobs are located and the
pay ranges of the jobs.
Section 7.31Additional Requirements.The Public Entity and the State Entity agree to
comply with the following additional requirements. In the event of any conflict or inconsistency
between the following additional requirements and any other provisions or requirement contained
in this Agreement, the following additional requirements contained in this Section shall control.
(If there are no additional requirements the
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American-Made Steel. Minnesota Laws 2014, Chapter 294, Article 2, Section 22, requires
public entities receiving an appropriation of public money for a project in that act to ensure those
facilities are built with American-made steel, to the extent practicable. The Public Entity shall
comply with this requirement, and shall furnish any documentation pursuant thereto reasonably
requested by the State Entity.
«16»
\[THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK\]
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IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this
General Obligation Bond Proceeds Grant Agreement End Grant for the ___
______«1»_________ Project under the ______«2»_________ Program on the day and date
indicated immediately below their respective signatures.
PUBLIC ENTITY:
«4» ,
a«5»
By:
«17»
Its: «18»
Dated: __________________, _____
And:
«19»
Its: «20»
Dated: __________________, _____
STATE ENTITY:
«5» ,
By:
«21»
Its: «22»
Dated: __________________, _____
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Attachment I to Grant Agreement
State of Minnesota
General Obligation Bond Financed
DECLARATION
The undersigned has the following interest in the real property located in the County of
____________, State of Minnesota that is legally described in Exhibit A attached and all
facilities situated thereon (collectively,
(Check the appropriate box.)
a fee simple title,
a lease, or
an easement,
and as owner of such fee title, lease or easement, does hereby declare that such interest in the
Restricted Property is hereby made subject to the following restrictions and encumbrances:
A. The Restricted Property is bond financed property within the meaning of Minn. Stat. §
16A.695, is subject to the encumbrance created and requirements imposed by such
statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without
the approval of the Commissioner of Minnesota Management and Budget, which
approval must be evidenced by a written statement signed by said commissioner and
attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise
dispose of the Restricted Property; and
B. The Restricted Property is subject to all of the terms, conditions, provisions, and
limitations contained in that certain \[Insert title of the general obligation grant
agreement\]_ between _______________ and ______________, dated _________,
____.
The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond
Financed Declaration for 125% of the useful life of the Restricted Property or until the Restricted
Property is sold with the written approval of the Commissioner of Minnesota Management and
Budget, at which time it shall be released therefrom by way of a written release in recordable
form signed by both the Commissioner of \[Insert the name of the State Entity that provided
the grant\] and the Commissioner of Minnesota Management and Budget, and such written
release is recorded in the real estate records relating to the Restricted Property. This Declaration
may not be terminated, amended, or in any way modified without the specific written consent of
the Commissioner of Minnesota Management and Budget.
(SIGNATURE BLOCK, ACKNOWLEDGMENTS, AND STATEMENT AS TO WHOM IT
WAS DRAFTED BY.)
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Exhibit A to Declaration
LEGAL DESCRIPTION OF RESTRICTED PROPERTY
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Attachment II to Grant Agreement
LEGAL DESCRIPTION OF REAL PROPERTY
«23»
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Attachment III to Grant Agreement
SOURCE AND USE OF FUNDS FOR THE PROJECT
Source of FundsUse of Funds
Identify Source of FundsAmountIdentify ItemsAmount
State G.O.FundsOwnership Acquisition
Program Grant$_________
and Other Items Paid for
with Program Grant Funds
Purchase of Ownership$_________
Other State Funds
_______________$_________Interest
_______________$_________Other Items of a Capital
_______________$_________Nature
Subtotal$_________________________$_________
________________$_________
________________$_________
Matching Funds
_______________$_________Subtotal$_________
_______________$_________
Subtotal$_________
Items Paid for with
Non-Program Grant Funds
________________$_________
Other Public Entity Funds
_______________$_________________________$_________
_______________$_________________________$_________
SubtotalSubtotal$_________
Loans
_______________$_________
_______________$_________
Subtotal$_________
Other Funds
_______________$_________
_______________$_________
Subtotal$_________-
Prepaid Project Expenses
_______________$_________
_______________$_________
Subtotal$_________
$_________$_________
TOTAL FUNDSTOTAL PROJECT COSTS
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Attachment IV to Grant Agreement
GRANT APPLICATION
«24»
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Attachment V to Grant Agreement
JOBS REPORTING
(a)Pursuant to Minn. Stat. Sec. 16A.633, subd. 4, State Entity is required to report the
number of jobs created or retained by the Project. To enable State Entity to comply with Minn.
Stat. Sec. 16A.633, subd. 4, the Public Entity is required to report the number of jobs created or
retained by the Project to State Entity as set forth below.
(b)The Public Entity shall require all of its contractors to report the information below to
the Public Entity. The Public Entity shall then report to State Entity. Information can be recorded
by State Entity in an Excel document that can be downloaded into the report by Minnesota
Management and Budget. Each report must contain the following:
(1)The name of the Project.
(2)The State Entity
(3)Reporting period. The appropriate biennium is to be selected.
(4)The Agency Number. This will complete the next column with Agency
Name.
(5)Legal Citation for the Authorization.
(6)Department ID responsible for the Project.
(7)The Appropriation for the Project.
(8)The Appropriation Amount.
(9)Project Start Date.
(10)Project Completion Date.
(11)The County where the Project is located or, if it is located in more than
one county, where it is primarily located.
(12)Funding Source for Project. The selection will be Trunk Highway Bonds,
General Obligation Bonds or General Fund.
(13)Job Type. Jobs should be classified as either (i) engineering/professional,
(ii)construction, or (iii) other. Manager and supervisor jobs shall be
classified as category (i), (ii) or (iii) based on the nature of the work those
individuals spent the majority of their time overseeing.
(14)Hourly Wages. Jobs should be classified according to the hourly pay
ranges below. Overhead or indirect costs or the value of pensions or other
benefits should not be included in wages.
(i)less than $10.00,
(ii)$10.01 to $15.00,
(iii)$15.01 to $20.00,
(iv)$20.01 to $25.00,
(v)$25.01 to $30.00,
(vi)$30.01 to $35.00,
(vii)$35.01 to $40.00, or
(viii)more than $40.00.
Generic GO Bond Proceeds 43 Ver 6/30/14
Grant Agreement for Program End Grants
Council Packet Page Number 290 of 326
G7, Attachment 3
(15)Jobs.
a.Jobs should be classified as either (i) jobs created or (ii) jobs retained; they
filled, or an existing unfilled position that is filled, because of the Project.
beginning the Project that would have been lost but for the Project. Only
jobs in Minnesota should be counted.
b.-
an FTE, the number of hours worked during the Reporting Period should
be divided by 2,080 (the number of hours representing a full work
schedule in a Reporting Period). Jobs should be reported regardless of
to be calculated based on hours worked in the current Reporting Period
only, so that reporting is not cumulative.
c.Jobs should not be separated into full-time, part-time, temporary, seasonal,
etc. Instead, all hours should be totaled and converted into FTEs as
indicated above.
(c)Each contractor will report its workforce and the workforce of its subcontractors
active during the Reporting Period. This includes employees actively engaged in the Project who
work on the jobsite, in the Project office, in the home office or telecommute from home or other
alternative office location. This includes, but is not limited to, any engineering personnel,
inspectors, sampling and testing technicians, and lab technicians performing work directly in
support of the Project. This does not include material suppliers such as steel, culverts, guardrail
and tool suppliers. Only hours that relate to time spent on the Project should be reported.
(d)The Public Entity must incorporate these reporting requirements into its contracts
with its contractors (in part so that contractors can add the requirements to their contracts with
subcontractors and impose deadlines on reporting by subcontractors).
(e)To distinguish the jobs reported by contractors that were funded by the Grant, the
Public Entity must multiply the job numbers reported by each contractor in each category above
by the percentage of total Project costs funded by the Grant (e.g., if the Grant was 40% of total
Project costs, the Public Entity should multiply the jobs numbers given in each category by 40%
to arrive at the number of jobs funded by the Grant) and it is those numbers that should be
reported to State Entity.
Generic GO Bond Proceeds 44 Ver 6/30/14
Grant Agreement for Program End Grants
Council Packet Page Number 291 of 326
G7, Attachment 4
RESOLUTION
APPROVAL OF GRANT AGREEMENT WITH THE METROPOLITAN COUNCIL FOR
INFLOW AND INFILTRATION IMPROVEMENTS
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore approved the grant
agreement between the City of Maplewood and the Metropolitan Council for inflow and infiltration
improvements as a part of the 2023 Grant Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota:
1.The City Engineer is hereby authorized to enter into the grant agreement.
Approved this 27th day of May 2025.
Council Packet Page Number 292 of 326
J1
CITY COUNCIL STAFF REPORT
Meeting Date May 27, 2025
REPORT TO:Michael Sable, City Manager
REPORT FROM: Joe Rueb, Finance Director
PRESENTER:Joe Rueb, Finance Director
AGENDA ITEM: Resolution Providing for the Issuance and Sale of General Obligation
Improvement Bonds, Series 2025A, $2,680,000
Action Requested:MotionDiscussionPublic Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
The issuance and sale of General Obligation Improvement Bonds in the approximate amount of
$2,680,000 will finance City street improvement projects in 2025, including Beth Ct., Crestview Dr.,
Dahl Cir., Dorland Rd., Ferndale St., Haller Ct., Haller Ln., Hillwood Dr., Maida Ct., Mamie Ave.,
Marnie St., Matterhorn Dr., Nemitz Ave., Oakridge Ct., Parkview Ct., Parkview Ln., Southcrest Ave.,
Timber Ct., Prosperity Road, and Hazelwood Street.
Recommended Action:
Motion to adopt the Resolution Providing for the Issuance and Sale of General Obligation
Improvement Bonds, Series 2025A, to be issued in the Proposed Aggregate Principal Amount of
$2,680,000.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $2,680,000
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship
Integrated Communication Operational Effectiveness Targeted Redevelopment
The issuance of bonds will provide for necessary street improvements without undue debt burden.
Background:
The street improvement projects are included in the City’s Capital Improvement Plan and were
previously approved as individual projects for construction in 2025. Principal and interest payments
will be financed over 15 years through a tax levy. Detailed financing plans are included in the
attached report from Ehler’s.
Council Packet Page Number 293 of 326
J1
A rating conference with S&P will be scheduled prior to the sale of the bonds. The City Council will
consider the award of bids for the bond sale on Monday, June23, 2025.
Theestimated2025A issuance is within $147,240of the amountestimated in the CIP process. The
latest projected ten-year outstanding debt schedule, including financing for debt-related CIP
projects, is as follows:
A ten-year history of net debt outstandingwith the proposed 2025A issuance, is shown below:
Attachments:
1.Resolution Providing for the Issuance and Sale of General Obligation Improvement Bonds,
Series 2025A, to be Issued in the Proposed Aggregate Principal Amount of $2,680,000
2.Ehler’s pre-sale report for the General Obligation Bonds, Series 2025A
Council Packet Page Number 294 of 326
J1, Attachment 1
RESOLUTION NO. ____________
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF
GENERAL OBLIGATION IMPROVEMENTS BONDS, SERIES
2025A
BE IT RESOLVED by the City Council (the “Council”) of the City of Maplewood, Minnesota
(the “City”), as follows:
Section 1. Authorization; Purpose. It is hereby determined to be in the best interests of the
City to issue its General Obligation Improvement Bonds, Series 2025A, pursuant to Minnesota Statutes,
Chapters 429 and 475 (the “Bonds”), for the purpose of financing various street improvement projects,
in the City (the “Projects”) and paying costs of issuance of the Bonds.
Section 2. Municipal Advisor. The City has retained Ehlers & Associates, Inc. in Roseville,
Minnesota (“Ehlers”), as its independent municipal advisor. Ehlers is hereby authorized, pursuant to
Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), to solicit bids for the Bonds on behalf
of the City on a competitive basis without requirement of published notice.
Section 3. Adjustment of Principal Amount of Bonds. The principal amount of the Bond
issue shall be adjusted in accordance with staff recommendations upon receipt of bids for the financed
Projects, provided that the principal amount shall be approximately $2,680,000.
Section 4. Award and Sale. The City Council shall meet on June 23, 2025, at 7:00 p.m., or
such other time deemed acceptable to the Council, for the purpose of considering sealed bids for the
purchase of the Bonds and of taking such action thereon as may be in the best interest of the City.
Section 5. Official Statement. In connection with said sale, the officers or employees of the
City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official
statement for the Bonds and to execute and deliver it on behalf of the City upon its completion.
The motion for the adoption of the foregoing resolution was duly seconded by
Councilmember ______________________ and upon vote being taken thereon, the following voted in
favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Council Packet Page Number 295 of 326
J1, Attachment 1
STATE OF MINNESOTA )
)
COUNTY OF RAMSEY )
)
CITY OF MAPLEWOOD )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood,
Minnesota (the “City”), hereby certify that I have carefully compared the attached and foregoing extract
of minutes of a regular meeting of the City Council of the City held on Tuesday, May 27, 2025,with the
original minutes on file in my office and the extract is a full, true, and correct copy of the minutes,
insofar as they relate to the issuance and sale of the City’s General Obligation Improvement Bonds,
Series 2025A, in the proposed aggregate principal amount of $2,680,000.
WITNESS My hand as City Clerk and the corporate seal of the City this ____ day of May, 2025.
_______________________________
City Clerk
City of Maplewood, Minnesota
(SEAL)
Council Packet Page Number 296 of 326
J1, Attachment 2
May 27, 2025
PRE-SALE REPORT FOR
City of Maplewood, Minnesota
$2,680,000 General Obligation Improvement Bonds, Series 2025A
Prepared by:Advisors:
Ehlers Bruce Kimmel, Senior Municipal Advisor
3060 Centre Pointe DriveJason Aarsvold, Senior Municipal Advisor
Roseville, MN 55113 Dan Tienter, Municipal Advisor
Council Packet Page Number 297 of 326
J1, Attachment 2
EXECUTIVE SUMMARY OF PROPOSED DEBT
Proposed Issue:
$2,680,000 General Obligation Improvement Bonds, Series 2025A
Purposes:
The proposed issue will fund a portion of the 2025 street improvement program. Debt service will be paid
from future property taxes, and the City will use special assessment revenues to repay an internal loan to the same
street projects.
Authority:
The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475.
Because the City is assessing at least 20% of the project costs, the Bonds can be a general obligation without a
The Bonds will be general obligations of the City for
which its full faith, credit and taxing powers are pledged.
Term/Call Feature:
The Bonds are being issued for a term of 15 years, 6 months. Principal on the Bonds will be due on February 1,
2027 through 2041. Interest will be due every six months beginning August 1, 2026.
The Bonds will be subject to prepayment at the sole discretion of the City on February 1, 2035 or any date
thereafter.
Bank Qualification:
Because the City will issue no more than $10,000,000 in tax-exempt debt during the calendar year, the City will
which can result in lower interest rates.
Rating:
general obligation bond issues were rated by S&P Global Ratings. The City will
request a new rating for the Bonds.
Basis for Recommendation:
Based on your objectives, financial situation and need, risk tolerance, liquidity needs, experience with the issuance
of bonds and long-term financial capacity, as well as the structure, timing and other similar matters related to the
Bonds, we are recommending the issuance of bonds as a suitable option.
Presale Report May 27, 2025
City of Maplewood, Minnesota Page 1
Council Packet Page Number 298 of 326
J1, Attachment 2
Method of Sale/Placement:
We are recommending the Bonds be issued as municipal securities and offered through a competitive underwriting
process. You will solicit competitive bids, which we will compile on your behalf, for the purchase of the Bonds from
underwriters and banks.
An allowance for discount bidding will be incorporated in the terms of the issue. The discount is treated as an
interest item and provides the underwriter with all or a portion of their compensation in the transaction. If the
Bonds are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance
may be used to reduce your borrowing amount.
Premium Pricing:
coupon for any maturity (the interest rate paid by the issuer) exceeds the yield to the investor, resulting in a price
paid that is greater than the face value of the bonds.
For this issue of Bonds, we have been directed to use the net premium to reduce the size of the issue. The resulting
adjustments may slightly change the true interest cost of the issue, either up or down.
Review of Existing Debt:
We have reviewed all outstanding indebtedness for the City and find that there are currently no refunding
opportunities.
alert you to any future refunding opportunities.
Continuing Disclosure:
Because the City has more than $10,000,000 in outstanding debt subject to a continuing disclosure undertaking
(including this issue) and this issue does not meet an available exemption from continuing disclosure, the City will
be agreeing to provide certain updated Annual Financial Information and its Audited Financial Statement annually,
as well as providing notices of the occurrence of certain reportable events to the Municipal Securities Rulemaking
Exchange Commission (SEC). The City is already
obligated to provide such reports for its existing bonds, and has contracted with Ehlers to prepare and file the
reports.
Arbitrage Monitoring:
The City must ensure compliance with certain sections of the Internal Revenue Code and Treasury Regulations
-exempt status of the Bonds. These Arbitrage
Rules apply to amounts held in construction, escrow, reserve, debt service account(s), etc., along with related
investment income on each fund/account.
responsibilities for the Bonds. The City is currently receiving arbitrage services from Ehlers in relation to the
Bonds.
Investment of Bond Proceeds:
Presale Report May 27, 2025
City of Maplewood, Minnesota Page 2
Council Packet Page Number 299 of 326
J1, Attachment 2
Ehlers can assist the City in developing a strategy to invest the Bond proceeds until the funds are needed to pay
project costs.
Other Service Providers:
This debt issuance will require the engagement of other public finance service providers. This section identifies
those other service providers, so Ehlers can coordinate their engagement on your behalf. Fees charged by these
service providers will be paid from proceeds of the obligation, unless you notify us that you wish to pay them from
other sources. Our pre-sale bond sizing includes a good faith estimate of these fees, but the final fees may vary. If
you have any questions pertaining to the identified service providers or their role, or if you would like to use a
different service provider for any of the listed services, please contact us.
Bond Counsel: Dorsey & Whitney LLP
Paying Agent: Bond Trust Services Corporation
Rating Agency: S&P Global Ratings (S&P)
Summary:
The decisions to be made by the City Council are as follows:
Accept or modify the financing assumptions described in this report
Adopt the resolution attached to this report.
Presale Report May 27, 2025
City of Maplewood, Minnesota Page 3
Council Packet Page Number 300 of 326
J1, Attachment 2
PROPOSED DEBT ISSUANCE SCHEDULE
Pre-Sale Review by City Council: May 27, 2025
Due Diligence Call to Review Official Statement: June 9, 2025
Conference with Rating Agency: June 9, 2025
Distribute Official Statement: June 9, 2025
City Council Meeting to Award Sale of the Bonds: June 23, 2025
Estimated Closing Date: July 16, 2025
Attachments
Estimated Sources and Uses of Funds
Estimated Debt Service Schedule
Resolution Authorizing Ehlers to Proceed with Bond Sale (Separate)
Bruce Kimmel, Senior Municipal Advisor (651) 697-8572
Jason Aarsvold, Senior Municipal Advisor (651) 697-8512
Dan Tienter, Municipal Advisor(651) 697-8537
Silvia Johnson, Lead Public Finance Analyst (651) 697-8580
Alicia Gage, Senior Financial Analyst (651) 697-8551
Presale Report May 27, 2025
City of Maplewood, Minnesota Page 4
Council Packet Page Number 301 of 326
J1, Attachment 2
City of Maplewood, Minnesota
$2,680,000 General Obligation Improvement Bonds, Series 2025A
Assumes Current Market BQ AA+ Rates plus 50bps
Sources & Uses
Dated 07/16/2025 | Delivered 07/16/2025
Sources Of Funds
Par Amount of Bonds$2,680,000.00
Total Sources $2,680,000.00
Uses Of Funds
Total Underwriter's Discount (1.200%)32,160.00
Costs of Issuance60,000.00
Deposit to Project Construction Fund2,586,141.00
Rounding Amount1,699.00
Total Uses $2,680,000.00
Maplewood Series 2025A GO | SINGLE PURPOSE | 5/20/2025 | 1:06 PM
Council Packet Page Number 302 of 326
J1, Attachment 2
City of Maplewood, Minnesota
$2,680,000 General Obligation Improvement Bonds, Series 2025A
Assumes Current Market BQ AA+ Rates plus 50bps
Debt Service Schedule
DatePrincipalCouponInterestTotal P+IFiscal Total
07/16/2025-----
08/01/2026--113,382.81113,382.81-
02/01/202780,000.003.600%54,423.75134,423.75247,806.56
08/01/2027--52,983.7552,983.75-
02/01/2028145,000.003.550%52,983.75197,983.75250,967.50
08/01/2028--50,410.0050,410.00-
02/01/2029150,000.003.600%50,410.00200,410.00250,820.00
08/01/2029--47,710.0047,710.00-
02/01/2030155,000.003.650%47,710.00202,710.00250,420.00
08/01/2030--44,881.2544,881.25-
02/01/2031160,000.003.700%44,881.25204,881.25249,762.50
08/01/2031--41,921.2541,921.25-
02/01/2032165,000.003.750%41,921.25206,921.25248,842.50
08/01/2032--38,827.5038,827.50-
02/01/2033170,000.003.800%38,827.50208,827.50247,655.00
08/01/2033--35,597.5035,597.50-
02/01/2034180,000.003.900%35,597.50215,597.50251,195.00
08/01/2034--32,087.5032,087.50-
02/01/2035185,000.004.000%32,087.50217,087.50249,175.00
08/01/2035--28,387.5028,387.50-
02/01/2036190,000.004.200%28,387.50218,387.50246,775.00
08/01/2036--24,397.5024,397.50-
02/01/2037200,000.004.300%24,397.50224,397.50248,795.00
08/01/2037--20,097.5020,097.50-
02/01/2038210,000.004.350%20,097.50230,097.50250,195.00
08/01/2038--15,530.0015,530.00-
02/01/2039220,000.004.450%15,530.00235,530.00251,060.00
08/01/2039--10,635.0010,635.00-
02/01/2040230,000.004.500%10,635.00240,635.00251,270.00
08/01/2040--5,460.005,460.00-
02/01/2041240,000.004.550%5,460.00245,460.00250,920.00
Total$2,680,000.00-$1,065,659.06$3,745,659.06-
Yield Statistics
Bond Year Dollars$25,276.67
Average Life9.432 Years
Average Coupon4.2159794%
Net Interest Cost (NIC)4.3432114%
True Interest Cost (TIC)4.3490452%
Bond Yield for Arbitrage Purposes4.1882748%
All Inclusive Cost (AIC)4.6563471%
IRS Form 8038
Net Interest Cost4.2159794%
Weighted Average Maturity9.432 Years
Maplewood Series 2025A GO | SINGLE PURPOSE | 5/20/2025 | 1:06 PM
Council Packet Page Number 303 of 326
J2
CITY COUNCIL STAFF REPORT
Meeting Date May 27, 2025
REPORT TO: Michael Sable, City Manager
REPORT FROM: Steven Love, Public Works Director
PRESENTER: Steven Love, Public Works Director
AGENDA ITEM: 2025 Public Works Consultant Pool Update
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
The Public Works Department maintains a pool of consulting firms to provide professional services
in support of the City’s infrastructure, parks, and natural resources. Staff recently completed a
review process, including application evaluations and consultant interviews, to ensure firms in the
pool are appropriately matched to specific service areas.
The City Council will consider authorizing Professional Services Agreements with selected firms for
services in the following areas: municipal engineering, transportation engineering, surface water
and natural resources, parks, preserves and open spaces, structural engineering, architectural
services, and geographic information systems (GIS).
Recommended Action:
Motion to authorize the Mayor and City Manager to enter into Professional Service Agreements for
consultant services with the following consultant firms:
Bolton & Menk, Inc.
Isthmus Engineering
Kimley-Horn and Associates, Inc.
LHB, Inc.
Short Elliott Hendrickson, Inc.
SRF Consulting Group
TKDA
WSB
Minor changes to the Professional Service Agreements are authorized as approved by the City
Attorney.
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: There are no costs associated with the
execution of the Professional Services Agreements. As specific tasks are identified that require
consultant support, a supplemental agreement or work order will be entered into between the City
and the selected consultant. Each supplemental agreement or work order will outline the scope of
services to be provided and the associated costs.
Council Packet Page Number 304 of 326
J2
Strategic Plan Relevance:
Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship
Integrated CommunicationOperational EffectivenessTargeted Redevelopment
Maintaining a pool of qualified consultants is essential to the efficient operation of a city. It allows
staff to quickly access specialized expertise across a range of service areas without the delay of
issuing individual requests for proposals for each project.
Background
The City maintains a pool of professional consulting firms that provide technical expertise in support
of the Public Works department. Staff evaluated the City’s current and anticipated needs for
consultant services over the next five years.
Through this evaluation, seven key service areas were identified within the disciplines of public
works, engineering, facilities, and parks and recreation. Firms with a strong local presence and a
demonstrated history of delivering high-quality service were sent a Request for Statement of
Qualifications (SOQ).
The City of Maplewood participated in Ramsey County’s Central Certification Program (CERT)
Connect Open House in early April of this year. The event provided an opportunity for small
businesses to engage with County and City staff and showcase the services they offer. As a result
of this event, City staff extended an invitation to Isthmus Engineering to submit a Statement of
Qualifications (SOQ) and participate in the City’s refresh of the Public Works consultant pool.
These firms were invited to submit an SOQ for the specific service areas in which they wished to be
considered. A review panel, comprised of key Public Works staff, evaluated the SOQs and
interviewed the firms.
Based on the submitted qualifications, interviews, and demonstrated strengths of each firm, they
were matched to specific service areas. The following chart lists the seven identified service areas
and the firms matched to them:
Service AreasSelected Consultants
1)Muncipal EngineeringKimley-HornS.E.H.TKDA
2)Transportation EngineeringIsthmusS.E.H.SRF
3)Surface Water and Natural ResourcesBolton & MenkKimley-Horn
4)Parks, Preserves, and Open SpacesLHBWSB
5)StructuralBolton & Menk
6)ArchitectrualLHBTKDA
7)GISBolton & Menk
The Professional Service Agreement acts as the master agreement between the City and the
selected consultants. This agreement will run for five years. As the need for consultant services is
identified, a supplement agreement/work order will be executed for that need, including details of
the proposed work and cost for the services.
Attachments
1.Professional Service Agreement
Council Packet Page Number 305 of 326
J2, Attachment 1
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (the ÐAgreementÑ) is made this ___
day of ___________, 20___ (the ÐEffective DateÑ) by and between the city of Maplewood, a
Minnesota municipal corporation with principal offices at 1830 County Road B East, Maplewood,
Minnesota 55109 (the ÐCityÑ) and _________________, a _______________________ under
the laws of _________________, with offices at ______________________________ (the
ÐConsultantÑ).
RECITALS
A.The Consultant is engaged in the business of providing professional services.
B.The City has a need for professional services on a consulting basis for various City
projects.
C.The Consultant represents that it has the professional expertise and capabilities to
provide the City with the requested professional services.
D.The City desires to engage the Consultant to provide professional services on the terms
and conditions set forth herein.
NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City
and the Consultant agree as follows:
AGREEMENT
1.Services to be Provided. The City has selected the Consultant to provide
professional services on an as-needed basis. This Agreement constitutes a
master agreement between the City and the Consultant. During the term of this
Agreement, as specified hereinafter, the City may engage the Consultant for
specific City projects. The details of those projects shall be included in
supplemental agreements, work orders, or other written documents to be
approved by the parties. The City is not required to utilize the Consultant for any
projects during the term of this Agreement. By entering into this Agreement, the
Consultant indicates its willingness and ability to negotiate and enter into
supplemental agreements with the City for specific projects. Nothing in this
Agreement precludes or restricts the CityÓs right to enter into agreements with
other professionals for projects the Consultant is qualified to perform. All
services provided by the Consultant under this and any supplemental agreement
shall be done consistent with the level of care and skill ordinarily exercised by
professionals providing similar services.
2.Duration of Agreement. This Agreement shall remain in force and effect
commencing from the Effective Date and continuing until June 1, 2030, unless
terminated or amended pursuant to the terms contained herein.
11
Council Packet Page Number 306 of 326
J2, Attachment 1
3. Consideration. The consideration that the City shall pay to the Consultant for
the services to be provided hereunder shall be detailed in the supplemental
agreements specific to each project.
4. Payment. The City shall make progress payments based on monthly invoices
from the Consultant. The City shall make said payments within 35 days of
receiving the ConsultantÓs invoice, and the Consultant may withhold deliverables
if undisputed invoices are not paid within that time period. The ConsultantÓs
statement shall contain an itemized list of all project labor and hours, rates, titles,
and amounts undertaken by the Consultant during the applicable billing period.
The Consultant agrees to comply with the requirements of Minnesota Statutes, section
471.425, subd. 4a regarding prompt payment of its subcontractors.
5. City Responsibilities. In addition to adhering to its involvement in the services
specified in supplemental agreements, the City may also furnish the services of
City staff, site surveys, environmental surveys, and tests, inspections, and
reports regarding hazardous materials if available to the City and reasonably
required and requested by the Consultant. Following its good faith evaluation of
the information provided, the Consultant shall be entitled to rely on the accuracy
and completeness of services and information furnished by the City and the City
staff as well as upon the implied representation that the Consultant may
incorporate any documents, graphics, information, and data (in whole or in part)
provided by the City and the City staff without infringing upon the intellectual
property rights of any third party. The Consultant shall provide prompt written
notice to the City if the Consultant becomes aware of any error, omission, or
inconsistency in such services or information.
6. Termination. Notwithstanding any other provision herein to the contrary, this
Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement
at any time;
b. The Consultant may terminate this Agreement in the event of a breach of
the Agreement by the City upon providing 30 days written notice to the
City;
c. The City may terminate this Agreement at any time at its option, for any
reason or no reason at all; or
The City may terminate this Agreement immediately upon the ConsultantÓs
failure to have in force any insurance required by this Agreement or as
otherwise provided for herein.
In the event of a termination, the City shall pay the Consultant for services performed to
the date of termination and for all reimbursable costs and expenses incurred by the
Consultant prior to the date of termination.
7. Suspension. If the City fails to make payments to the Consultant in accordance
with this Agreement, and said payments are not otherwise disputed by the City,
the Consultant may suspend its services under this Agreement. If the Consultant
12
Council Packet Page Number 307 of 326
J2, Attachment 1
elects to suspend services, it shall give 10 daysÓ written notice to the City before
doing so. The Consultant shall have no liability to the City for delay or damage
caused by such suspension of services. Before resuming services, the
Consultant shall be paid all undisputed sums due prior to suspension and any
undisputed expenses incurred in the interruption and resumption of the
ConsultantÓs services.
8. Records/Inspection. Pursuant to Minnesota Statutes, section 16C.05, subd. 5,
the Consultant agrees that the books, records, documents, and accounting
procedures and practices of the Consultant that are relevant to the project are
subject to examination by the City and the state auditor or legislative auditor for a
minimum of six years. The Consultant shall maintain such records for a minimum
of six years after final payment. The parties agree that this obligation will survive
the completion or termination of this Agreement.
9. Indemnification. To the fullest extent permitted by law, the Consultant agrees to
protect, indemnify, save, and hold harmless the City, its officers, officials, agents,
volunteers, and employees from any and all claims; lawsuits; causes of actions of
any kind of, nature, or character; damages; losses; or the costs, disbursements,
and expenses of defending the same, including but not limited to attorneysÓ fees,
professional services, and other technical, administrative or professional assistance
to the extent resulting from the ConsultantÓs (or its subcontractors, agents,
volunteers, members, invitees, representatives, or employees) negligent
performance of the duties required by or arising from this Agreement, or to the
extent caused in whole or in part by any other negligent act or omission or willful
misconduct, or arising out of the failure to obtain or maintain the insurance required
by this Agreement. Except as provided in section 5 of this Agreement, the
Consultant agrees to defend and indemnify the City against any actions or claims
alleging infringement on any copyright or patent by reason of its use of designs,
drawings or specifications and shall hold the City harmless against any loss or
damages therefrom. Nothing in this Agreement shall constitute a waiver or limitation
of any immunity or limitation on liability to which the City is otherwise entitled by
statute or common law. The parties agree that these indemnification obligations will
survive the completion or termination of this Agreement.
10. Insurance. The Consultant agrees to maintain at its own expense a commercial
general liability and excess umbrella general liability insurance policy or policies
insuring the Consultant against claims for bodily injury, death, or property
damage arising out of the ConsultantÓs general business activities other than the
performance of professional services. The general liability coverage shall provide
limits of not less than $2,000,000 per occurrence and not less than $2,000,000
general aggregate and $2,000,000 products/completed operations aggregate.
Coverage shall include Premises and Operations Bodily Injury and Property
Damage; Personal and Advertising Injury; Blanket Contractual Liability; Products
and Completed Operations Liability per policy terms, conditions and exclusions.
The Consultant also agrees to maintain at its own expense a single-limit or combined-
limit automobile liability insurance and excess umbrella liability policy or policies insuring
owned, non-owned, and hired vehicles used by the Consultant to perform services under
13
Council Packet Page Number 308 of 326
J2, Attachment 1
this Agreement. The automobile liability coverages shall provide limits of not less than
$1,000,000 combined single limit per accident for bodily injury and property damage.
The City shall be named Additional Insured for the above liability policies.
The Consultant further agrees to maintain at its own expense statutory worker's
compensation coverage together with Coverage B, EmployerÓs Liability limits of not less
than $500,000 for Bodily Injury by Disease per employee, $500,000.00 for Bodily Injury
by Disease aggregate and $500,000 for Bodily Injury by Accident.
The Consultant also agrees to maintain at its own expense Professional Liability
Insurance coverage, insuring the Consultant against damages to the extent caused by
the negligent act, error, or omission in the performance of professional services required
by this Agreement. The professional liability insurance coverage shall provide limits of
not less than $2,000,000 per claim and an annual aggregate of not less than $2,000,000
on a claims-made basis.
Prior to the commencement of this Agreement, the Consultant will provide the City with
certificates of insurance showing evidence of required coverages. All policies of
insurance shall contain a provision or endorsement that the coverage afforded will not be
canceled for any reason except non-payment of premium, until at least 30 daysÓ prior
written notice has been given to the City. The City may also require a current copy of
certificates of insurance at the time of entering into any supplemental agreement.
11. Assignment. Neither the City nor the Consultant shall assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the
written consent of the other except to the extent that the effect of this limitation
may be restricted by law or as expressly provided herein. Unless specifically
stated to the contrary in any written consent to an assignment, no assignment will
release or discharge the assignor from any duty or responsibility under this
Agreement. Nothing contained in this section shall prevent the Consultant from
employing such independent consultants, associates, and subcontractors as it
may deem appropriate to assist it in the performance of the services hereunder.
Any assignment in violation of this provision is null and void. Notwithstanding the
above, the City may assign this Agreement to another public entity associated
with the City.
12. Copyright and Licensing. Provided that the Consultant has received all
payments properly due under this Agreement and any supplemental agreement,
the deliverables prepared by the Consultant for the City shall become the
property of the City. This conveyance shall not deprive the Consultant of the right
to electronic data or other reproducible copies of the deliverables or the right to
reuse information contained in them in the normal course of the ConsultantÓs
professional activities.
Reuse or modification of the ConsultantÓs deliverables in any manner, or authorization of
reuse or modification by others, without the ConsultantÓs professional involvement, will
be at the CityÓs sole risk and without liability to the Consultant. The City shall indemnify
and hold harmless the Consultant, its consultants and agents, and employees, or any of
14
Council Packet Page Number 309 of 326
J2, Attachment 1
them from and against claims, damages, losses, and expenses, including but not limited
to attorneysÓ fees arising out of the unauthorized reuse of the deliverables, whether such
claims are brought in breach of contract, breach of warranty, negligence or other tort or
otherwise.
To the extent that the deliverables include design elements, notes, terms, or details that
are developed by the Consultant, or its consultants, in the course of their respective
practice(s) as part of the standardized body of professional knowledge of the respective
firm(s), then the Consultant, or its consultants, shall retain the ownership of all
intellectual property related to such design elements, notes, terms, or details; provided,
however, that neither the Consultant nor its consultants may utilize aspects of the
deliverables or design components in the context of any other project to the extent that
such utilization would produce a project with substantially similar distinctive features
taken as a whole. However, the Consultant grants the City a perpetual, non-exclusive,
royalty-free license to use such details, specifications, and plans.
13. Independent Contractor. The Consultant shall be deemed an independent
contractor. The ConsultantÓs duties will be performed with the understanding that
the Consultant has special expertise as to the services which the Consultant is to
perform and is customarily engaged in the independent performance of the same
or similar services for others. All required equipment and personnel shall be
provided or contracted for by the Consultant. The manner in which the services
are performed shall be controlled by the Consultant; however, the nature of the
services and the results to be achieved shall be specified by the City. The parties
agree that this is not a joint venture and the parties are not co-partners. The
Consultant is not to be deemed an employee or agent of the City and has no
authority to make any binding commitments or obligations on behalf of the City
except to the extent expressly provided herein or any supplemental agreement.
All services provided by the Consultant pursuant to this Agreement shall be
provided by the Consultant as an independent contractor and not as an
employee of the City for any purpose, including but not limited to, income tax
withholding, workers' compensation, unemployment compensation, FICA taxes,
liability for torts and eligibility for employee benefits.
14. Compliance with Laws. The Consultant shall exercise due professional care to
comply with applicable federal, state, and local laws, rules, ordinances, and
regulations in effect as of the date the Consultant provides the applicable
services detailed in any supplemental agreement.
15. Entire Agreement. This Agreement constitutes the entire agreement between
the City and the Consultant and supersedes any other written or oral agreements
between the parties. This Agreement can only be modified in writing and signed
by the City and the Consultant. Notwithstanding the above, the parties may enter
into supplemental agreements in the future regarding specific projects, and this
Agreement shall be considered modified as necessary to be consistent with any
such supplemental agreement.
16. Third Party Rights. The parties to this Agreement do not intend to confer on
any third party any rights under this Agreement.
15
Council Packet Page Number 310 of 326
J2, Attachment 1
17. Force Majeure. The Consultant shall not be liable for failure to perform this
Agreement or meet any schedule of performance of services to the extent that
such delay or impediment arises solely from causes beyond the control and
without the fault or negligence of the Consultant. Examples of such causes
include but are not limited to, acts of God or of the public enemy, fires, floods,
pandemics or epidemics, quarantine restrictions, strikes or labor actions,
boycotts, freight embargoes, and unusually severe weather.
18. Dispute Resolution. The City and the Consultant agree to negotiate all disputes
between them in good faith for a period of not less than 30 days from the date of
notice prior to exercising their rights under the law. The parties thereafter may
but are not required to submit disputes to non-binding mediation.
19. Choice of Law. This Agreement shall be governed by and construed in
accordance with the laws of the state of Minnesota. Any actions shall be venued
in Ramsey County.
20. Conflict of Interest. The Consultant shall use reasonable care to avoid conflicts
of interest and appearances of impropriety in the representation of the City. In the
event of a conflict of interest, the Consultant shall advise the City and either
secure a waiver of the conflict or advise the City that it will be unable to provide
the requested services.
21. Data Practices Act Compliance. Any and all data provided to the Consultant
received from the Consultant, created, collected, received, stored, used,
maintained, or disseminated by the Consultant pursuant to this Agreement shall be
administered in accordance with and is subject to the requirements of the
Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The
Consultant agrees to notify the City within three business days if it receives a
data request from a third party. This section does not create a duty on the part of
the Consultant to provide access to public data to the public if the data are
available from the City, except as required by the terms of this Agreement. These
obligations survive the termination of this Agreement.
22. Amendments. No amendments may be made to this Agreement except in
writing, signed by both parties.
23. Remedies. In the event of a termination of this Agreement by the City, the City
may complete the services either by itself or by contract with other persons or
entities or any combination thereof. In the event of a breach of this Agreement by
the Consultant, the foregoing remedies shall not be exclusive. The City shall be
further entitled to exercise any one or more other legal or equitable remedies
available because of the ConsultantÓs breach.
24. No Discrimination. The Consultant agrees not to discriminate in providing
products and services under this Agreement on the basis of race, color, sex, creed,
national origin, disability, age, sexual orientation, status with regard to public
16
Council Packet Page Number 311 of 326
J2, Attachment 1
assistance, or religion. Violation of any part of this provision may lead to immediate
termination of this Agreement.
25.Notices. Any notices permitted or required by this Agreement shall be deemed
given when personally delivered or upon deposit in the United States mail,
postage fully prepaid, certified, return receipt requested, addressed to:
City: City of Maplewood
1830 County Road B East
Maplewood, MN 55109
Attn: City Manager
with a copy to: City of Maplewood
1902 County Road B East
Maplewood, MN 55109
Attn: Director of Public Works
Consultant:
Attn:
or such other contact information as either party may provide to the other by notice given
in accordance with this provision.
7.Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a
waiver of any other provisions or any other or further breach, and no such waiver shall
be effective unless made in writing and signed by an authorized representative of the
party to be charged with such a waiver.
8.Headings. The headings contained in this Agreement have been inserted for
convenience of reference only and shall in no way define, limit or affect the scope and
intent of this Agreement.
9.Severability. In the event that any provision of this Agreement shall be illegal or
otherwise unenforceable, such provision shall be severed, and the balance of the
Agreement shall continue in full force and effect.
10.Counterparts. This Agreement may be executed in counterparts, each of which shall
be deemed an original, but all of which taken together shall constitute but one and the
same instrument.
11.Recitals. The City and the Consultant agree that the foregoing Recitals are true and
correct and are fully incorporated into this Agreement.
* * * * * * * * * * * *
17
Council Packet Page Number 312 of 326
J2, Attachment 1
IN WITNESS WHEREOF, the City and the Consultant have caused this Professional
Services Agreement to be executed by their duly authorized representatives in duplicate on the
respective dates indicated below.
THE CITY
By: ____________________________________
Mayor
Date: ____________________________________
By: ____________________________________
City Manager
Date: ____________________________________
THE CONSULTANT
By: ____________________________________
Its: ____________________________________
Date: ___________________________________
18
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Council Packet Page Number 314 of 326
K1
CITY COUNCILSTAFF REPORT
Meeting Date May 27, 2025
REPORT TO:MichaelSable, City Manager
REPORT FROM: Steven Love, Public Works Director
Jon Jarosch, Assistant City Engineer
Tyler Strong, Civil Engineer I
PRESENTER:Jon Jarosch
AGENDA ITEM: 2025 Maplewood Street Improvements, City Project 24-12
a)Resolution Receiving Bids and Awarding Construction Contract
b)Authorize Use of Bolton and Menk, Inc. for Construction Surveying
Services
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
The City Council will consider approving a resolution to receive bids and award a construction
contract to Park Construction Company for the 2025 Maplewood Street Improvements. The City
Council will further consider using Bolton and Menk, Inc. for construction surveying services.
Recommended Action:
a.Motion to approve the resolution receiving bids and awarding a construction contract for the
2025 Maplewood Street Improvements, City Project 24-12, to Park Construction Company
for the Base Bid only.
b.Motion to authorize the use of Bolton and Menk, Inc. for construction surveying services and
further authorize the Mayor and City Manager to sign the attached work order with Bolton
and Menk, Inc.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $9,817,600
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: It is recommended that the approved
funding plan be increased from $9,588,300 to $9,817,600. The proposed funding plan includes a
combination of Special Benefit Assessments, the Street Revitalization Fund, the Environmental
Utility Fund, the Sanitary Sewer Fund, St. Paul Regional Water Services, G.O. Improvement Bonds,
and the W.A.C. Fund. The Finance Director has reviewed the proposed funding plan and
recommends approval of the revised funding plan. It is expected that the actual amount will be
lower because the estimate includes a 10% contingency factor and an 8% incidental cost factor.
Strategic Plan Relevance:
Council Packet Page Number 315 of 326
K1
Community Inclusiveness Financial and Asset Mgmt Environmental Stewardship
Integrated Communication Operational Effectiveness Targeted Redevelopment
The street and utility improvements included in this project represent an investment in the City’s
infrastructure and considers the needs of area property owners. This project includes
environmentally sound construction methods, reusing materials onsite, utilizing recycled products
where possible, reducing runoff, and improving the quality of runoff reaching area waterbodies.
Background
The plans and specifications for the 2025 Maplewood Street Improvements, City Project 24-12,
were approved by the City Council on April 14, 2025. Subsequently, the plans and specifications
were advertised for bids, and a bid opening was held on May 9, 2025. These bids have been
tabulated and checked for accuracy, with Park Construction Company submitting the lowest
responsible bid.
The total length of streets included in this project is 4.4 miles, including the South Leg and
Prosperity-Hazelwood areas. This project is a part of the 2025 – 2029 Maplewood Capital
Improvement Plan. Construction on the proposed project is anticipated to begin in June 2025.
The project's existing street pavement and aging utility infrastructure require ongoing
maintenance for the Street and Utility Departments. Of the infrastructure elements the City
maintains, the bulk of the maintenance activities consist of patching the roadway, crack sealing,
filling potholes, and maintaining the aging utility infrastructure. The poor condition of the existing
street pavement represents a decreased level of service for the residents of Maplewood. Staff
have received complaints over the years from area residents about the street conditions.
The proposed improvements are described below:
Pavement Rehabilitation Improvements (South Leg Area):
Full-depth reclamation (grinding/mixing) of existing pavement and underlying aggregate.
Removal of excess reclaim material.
Installation of new pavement.
Replacement of soft soils under the roadway as needed.
Spot replacement of structurally damaged concrete curb and gutter.
Improvements to existing pedestrian features and ADA upgrades.
Saw and seal control joints for the new pavement.
Replacement of failing utility structures and outdated utility covers.
Installation of sacrificial anodes on water mains, as determined by St. Paul Regional Water
Services (SPRWS). The anode reduces the corrosion (rusting) of the water main and
increases its service life.
Restoration of disturbed driveways, boulevards, and landscaping impacted by the project.
Full Reconstruction Improvements (Prosperity-Hazelwood Area):
Full removal of existing pavement and underlying aggregate.
Full replacement of street pavement.
Replacement of soft soils under the roadway as needed.
Construction of new concrete curb and gutter.
Improvements to existing pedestrian features and ADA upgrades.
Construction of an 8-foot wide trail along the west side of Prosperity Road.
Council Packet Page Number 316 of 326
K1
Saw and seal control joints for the new pavement.
Installation on sacrificial anodes on water mains as determined by SPRWS.
Expansion of the storm sewer system.
Replacement of water main on Hazelwood Street.
Spot replacement of select sanitary sewer mains and services.
Water quality improvements such as rain gardens and underground infiltration systems.
Restoration of driveways, turf, and landscape features impacted by the project.
Sewer lining of deteriorated sanitary sewer mains in select areas throughout the City.
Fog seal of past neighborhood improvement project streets.
Three valid bids were received for this project. A summary of the bids are shown below. The bids
have been checked and tabulated for accuracy. The Engineer’s Estimate for project construction
cost for the base bid was $8,672,528.50. The lowest bid from Park Construction Company of
$8,264,001.67 is approximately $408,000 (4.7%) lower than the Engineer’s Estimate.
BidTabulation
Bidder Base Bid
Park Construction Company $8,264,001.67
Bituminous Roadways$8,574,982.75
Engineer’s Estimate$8,672,528.50
Forest Lake Contracting $9,415,493.40
The City has worked successfully with Park Construction Company as a prime contractor in the
past, most recently during the Cope Avenue Improvements. Staff find the bids received competitive
and responsible and recommend awarding the Base Bid only to Park Construction Company. Staff
does not recommend awarding Bid Alternate 1.
Bid Alternate 1 was included with this project to replace the pavement on Henry Lane in south
Maplewood. It was included as a bid alternate to provide options for cost reduction or flexibility
should the project not meet the statutory requirement of the assessments covering a minimum of
20% of the non-utility-related project costs. If Bid Alternate 1 was awarded, the assessments would
cover roughly 19.7% of those project costs. By not awarding Bid Alternate 1, the assessments
cover over 21% of those project costs.
Budget Impact:
The currently approved funding plan, established at the feasibility stage of the project, is
$9,588,000. The total estimated project cost based on the low bid (including 8% indirect costs and a
10% contingency) is $9,817,600, roughly $229,300 above the current funding plan. These
increased costs are related to the inclusion of additional on-street parking areas along Prosperity
Road and additional water quality improvements required to account for this increased hard
surface, which were not accounted for in the feasibility estimate.
Council Packet Page Number 317 of 326
K1
Funding Plan Comparison
Funding Source Current Proposed
Funding PlanFunding Plan
G.O. Bonds Improvement $2,419,941$2,586,141
Street Revitalization Fund $2,451,639$2,451,639
Environmental Utility Fund $1,863,000 $1,886,000
Sanitary Sewer Fund $583,400 $584,300
WAC Fund $133,300 $82,500
St. Paul Regional Water $771,000 $860,400
Special Assessments $1,366,020 $1,366,020
Total Project Funding: $9,588,300 $9,817,600
The estimated project costs and proposed funding plan have been reviewed by the Finance
Director. It is recommended that the funding plan be revised to the proposed funding plan at this
time to account for the increased costs. A final budget adjustment will be made based on final
construction costs after construction is complete.
Project Schedule:
Project Schedule Date
Order Preparation of Feasibility Study 8/12/2024
Neighborhood Meeting #1 (South Leg Area only) 12/18/2024
Neighborhood Meeting #1 (Prosperity-Hazelwood Area only) 12/19/2024
City Council Meeting | Accept Feasibility Study, Order Public Hearing, 1/27/2025
Authorize Preparation of Plans and Specifications
Neighborhood Meeting #2 (South Leg and Prosperity-Hazelwood Area)2/19/2025
City Council Meeting | Public Hearing and Order Improvement2/24/2025
City Council Meeting | Approve Plans and Specifications, Authorize 4/14/2025
Advertisement for Bids, Authorize Preparation of Assessment Roll
Bid Opening5/9/2025
City Council Meeting | Award Contract 5/27/2025
Neighborhood Meeting #3 (Construction Information) June 2025
Begin Construction June 2025
City Council Meeting | Accept Assessment Roll and Order Assessment August 11, 2025
Hearings
Neighborhood Meeting #4 (Assessment Information) August 2025
City Council Meeting | Assessment Hearing and Adopt Assessment Roll September 22, 2025
Complete Construction November 2025
Assessments Certified to Ramsey County November 15, 2025
Attachments
1. Resolution Receiving Bids and Awarding Construction Contract
2. Project Location Map
3. Award of Contract Presentation
4. Bolton and Menk, Inc. Work Order
Council Packet Page Number 318 of 326
K1, Attachment 1
RESOLUTION
RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT
CITY PROJECT 24-12
WHEREAS, a resolution was passed by the City Council on April 14, 2025, approving
plans and specifications and advertising for bids for 2025 Maplewood Street Improvements, City
Project 24-12; and
WHEREAS, the plans and specifications were advertised for bids according to
Minnesota Statutes Chapter 429, bids were received, opened tabulated according to the law
and the following bids were received complying with the advertisement:
Contractor Total of Base Bid
1.Park Construction Company$8,264,001.67
2.Bituminous Roadways$8,574,982.75
3.Forest Lake Contracting$9,415,493.40
AND WHEREAS, Park Construction Company is the lowest responsible bidder; and
WHEREAS, the proposed financing plan for the 2025 Maplewood Street Improvements,
City Project 24-12 is shown below:
Funding Source Total Amount
General Obligation (G.O.) Improvement Bonds $2,586,141
Street Revitalization Fund $2,451,639
Environmental Utility Fund $1,886,600
Sanitary Sewer Fund $584,300
Water Area Fund $82,500
St. Paul Regional Water Services (SPRWS) $860,400
Special Benefit Assessments $1,366,020
Total Project Funding: $9,817,600
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota
1.The Mayor and City Manager are authorized and directed to enter into a contract
with Park Construction Company in the name of the City of Maplewood for the 2025
Street Improvements, City Project 24-12, for the Base Bid Only, according to the
plans and specifications approved by the City Council and on file in the office of the
city engineer.
2.The Finance Director is hereby authorized to make the financial transfers necessary
to implement the financing plan for the project and to further prepare a budget
adjustment based on final construction costs after project completion.
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Approved this 27 day of May 2025.
Council Packet Page Number 319 of 326
K1, Attachment 2
Council Packet Page Number 320 of 326
K1, Attachment 3
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Council Packet Page Number 321 of 326
K1, Attachment 3
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K1, Attachment 3
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Council Packet Page Number 323 of 326
K1, Attachment 3
Recommendations
Approval of resolution receiving bids and awarding a construction contract for the 2025 Maplewood Street Improvements, City Project 24-12, to Park Construction Company for the Base Bid
only.Motion to authorize the use of Bolton and Menk, Inc. for construction surveying services.
¤¤
Council Packet Page Number 324 of 326
K1, Attachment 4
WORK ORDER NO. 28
2025 MAPLEWOOD STREET IMPROVEMENTS – CONSTRUCTION STAKING
CITY PROJECT NO. 24-12
CITY OF MAPLEWOOD
and
BOLTON & MENK, INC.
Work Order No. 28, made this _____day of May 2025, by and between the CITY OF
MAPLEWOOD, 1830 East County Road B, Maplewood, Minnesota 55109 (“CLIENT”) and
BOLTON & MENK, INC., 3507 High Point Drive North, Building 1, Suite E130, Oakdale, MN
55128 (“CONSULTANT”) is an addendum to the original Master Agreement between the City
and Bolton & Menk, Inc. dated January 28, 2019 (“Master Agreement”). All provisions of the
Master Agreement shall apply to this Work Order except and unless specifically modified herein.
SECTION I – SCOPE OF WORK
The City of Maplewood has designed improvements for the Prosperity-Hazelwood area and
miscellaneous neighborhood streets in the south leg of the City as part of its 2025 Capital
Improvement Program (CIP). CLIENT wishes to hire for the Construction Staking of the project.
CONSULTANT agrees to perform Surveying services on behalf of CLIENT. These services
include the following work which is detailed on the attached proposal:
Construction Staking and corresponding electronic files, Full Reconstruction and
Pavement Rehabilitation
SECTION II - SCHEDULE
It is anticipated Work by CONSULTANT will performed between June and November 2025.
SECTION III - COMPENSATION FOR SERVICES
Compensation for these surveying services shall be on an hourly basis in accordance with the
2025 Schedule of Fees, or such Schedule as may be subsequently revised and accepted, in
writing, by CLIENT in accordance with Section III.A.2 of Master Agreement.
Estimated total cost for the Work is $53,500.
City of Maplewood
Page 1 of 2
Council Packet Page Number 325 of 326
K1, Attachment 4
SECTION IV - SIGNATURES
THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises,
terms, conditions or obligation referring to the subject matter other than contained herein. This
Work Order may only be amended, supplemented, modified or canceled by a duly executed
written instrument signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their
behalf.
CLIENT: City of MaplewoodCONSULTANT: Bolton & Menk, Inc.
Marylee AbramsRyan Goodman, P.E.
MayorPrincipal Engineer
CLIENT: City of Maplewood
Michael Sable
City Manager
CLIENT: City of Maplewood
Steve Love, P.E.
Public WorksDir./City Engineer
City of Maplewood
Page 2 of 2
Council Packet Page Number 326 of 326