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2026-08-24 City Council Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 24, 2026 City Hall, Council Chambers Meeting No. 19-26 Pursuant to Minn. Stat. 13D.02, one or more council members may be participating remotely A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. August 10, 2026 City Council Meeting Minutes 2. August 14, 2026 City Council Special Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Resolution Awarding the 2026 Maplewood Heritage Award to Laura Koski 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. Purchase of a Half-Ton Truck (Unit 512) 3. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for September 28, 2026, 2026 Maplewood Street Improvements, City Project 25-21 4. Affordable Homeownership Grant Program Agreements between the Metropolitan Council, the City of Maplewood and Twin Cities Habitat for Humanity 5. Century Ponds Second Addition, 601 Century Avenue South a. Final Plat Resolution b. First Amendment to Planned Unit Development Agreement H. PUBLIC HEARINGS – If you are here for a public hearing please familiarize yourself with the rules of civility printed on the back of the agenda. Sign in with the city clerk before addressing the council. At the podium, please state your name and address clearly for the record. All comments/questions shall be posed to the mayor and council. The mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I.UNFINISHED BUSINESS 1. Saint Paul Police Training Facility, 2621 Linwood Avenue East a. Conditional Use Permit Resolution b. Design Review Amendment Resolution J. NEW BUSINESS 1. Joint Powers Agreement with the City of Newport for Bailey Court 2. Agreement Between the City of Maplewood and Hoisington Koegler Group Inc. for Services Pertaining to 2050 Comprehensive Plan K.AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the city clerk’s office at 651.249.2000 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 by keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August10, 2026 City Hall, Council Chambers Meeting No. 17-26 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at7:00p.m.byMayor Abrams. Mayor Abrams thanked staff for participating in a successful National Night Out and reminded residents of the upcoming summer events, Celebrate Summer on August 19 and Friday Fireworks with Touch a Truck in September. 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 was added to Council Presentations: Rice Larpenteur Alliance Block Party Heading Home Ramsey Update CouncilmemberLeemoved to approve theagenda as amended. Seconded by CouncilmemberCave Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.July 27, 2026 City CouncilWorkshop Meeting Minutes CouncilmemberJuenemannmoved to approve the July 27, 2026 City Council Workshop Meeting Minutes assubmitted. Seconded by Councilmember CaveAyes – All The motion passed. 2.July 27, 2026 City Council Meeting Minutes August10, 2026 City Council Meeting Minutes 1 Council Packet Page Number 1 of 388 E1 CouncilmemberJuenemannmoved to approve the July 27, 2026 City CouncilMeeting Minutes assubmitted. Seconded by Councilmember LeeAyes – All The motion passed. 3.August 3, 2026 City Council Special Meeting Minutes CouncilmemberJuenemann moved to approve the August 3, 2026City CouncilSpecial Meeting Minutes assubmitted. Seconded by CouncilmemberCave 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. City Manager Sable sharedconcerns raised byresidents regarding Maplewood’s pet ordinance and asked council’s opinions on the topic. Molly Lunaris, with the Maple Hills Homeowners Association addressed the council regarding pet policies. City Attorney Batty and Community and Economic Development Director Parr added additional information. 2.Council Presentations Heading Home Ramsey Update Councilmember Villavicencio provided an update on the recent Heading Home Ramsey meeting and spoke about the closing of the St. Paulun-shelteredencampments. Rice Larpenteur Alliance Block Party Mayor Abrams invited residents to attend the Rice Larpenteur Alliance Block Party on Saturday, August 15from 11 - 2. 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 itemit should be removed and acted upon as a separate item. CouncilmemberLeemoved toapprove agenda items G1-G7. Seconded by CouncilmemberJuenemann Ayes – All August10, 2026 City Council Meeting Minutes 2 Council Packet Page Number 2 of 388 E1 The motion passed. 1.Approval of Claims CouncilmemberLeemoved to approve the approval of claims. Seconded by Councilmember JuenemannAyes – All The motion passed. 2.Conditional Use Permit Review, The Juniper, 1310 Frost Avenue East CouncilmemberLeemoved to approve the CUP review for The Juniper, located at 1310 Frost Avenue East, and review again in a year. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3.Conditional Use Permit Review, The Waldo, 1880 English Street North CouncilmemberLeemoved toapprove theCUP review for the Waldo, located at 1880 English Street North, and review again in a year. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4.Conditional Use Permit Review, Kline Nissan, 3090 Maplewood Drive North CouncilmemberLeemoved to approve the CUP review for Kline Nissan, located at 3090 Maplewood Drive North, and review only if a problem arises or a significant change is proposed. Seconded by Councilmember Juenemann Ayes – All The motion passed. 5.Conditional Use Permit Review, Hampton Companies, 2694 Maplewood Drive North CouncilmemberLeemoved to approve the CUP review for Hampton Companies at 2694 Maplewood Drive North and review again in a year. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6.Call for Special Meeting to Canvass 2026 Primary Election Results August10, 2026 City Council Meeting Minutes 3 Council Packet Page Number 3 of 388 E1 Councilmember Leemoved tocall a special meeting of the city council for Friday, August 14, 2026 at 11 a.m. in the council chambers for the purpose of canvassing the August 11, 2026 Primary Election results. Seconded by Councilmember Juenemann Ayes – All The motion passed. 7.Payment for Tyler Enterprise ERP CouncilmemberLeemoved toapprove payment for Tyler Enterprise ERP. Seconded by Councilmember Juenemann Ayes – 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.Ramsey County Regional Railroad Authority, South of 1870 English Street North a.Public Hearing b.Public Vacation Resolution Community and Economic Development Director Parr gave the presentation. Mayor Abrams opened public hearing. The following people spoke: None Mayor Abrams closed the public hearing. Councilmember Juenemannmoved to approve the resolutionfor the public vacation. Resolution 26-08-2516 PUBLIC VACATION OF AN EASEMENT RESOLUTION BE ITRESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1.Background. 1.01Ramsey County Regional Railroad has requested the Maplewood City Council to vacate the following section of public right-of-way: All those parts of Livingston Avenue, also known as Summer Avenue East, and Ridge Street which lies east of the northerly prolongation of the westerly line of Block 4, GLADSTONE, Ramsey County, Minnesota, according to the recorded plat thereof, westerly ofthe easterly line of August10, 2026 City Council Meeting Minutes 4 Council Packet Page Number 4 of 388 E1 Ridge Street, southerly of the south line of Block 3, of said GLADSTONE, and its easterly prolongation, and northerly of the north line of said Block 4 and its easterly prolongation. Section 2.Criteria 2.01Minnesota state statute requires that no vacation shall be made unless it appears in the interest of the public to do so. Section 3.Findings 3.01The Maplewood City Council makes the following findings: 1.There is no anticipated public need for the described Summer Avenue right-of-way. 2.The vacation is not counter to the public interest. Section 4.City Review Process 4.01The city conducted the following review when considering the public vacation request. 1.On August 10, 2026, the city council discussed the public vacation request. City staff published two consecutive weeks of a meeting notice in the Pioneer Press and sent notices to all property owners within this plat. The city council gave everyone at the hearing a chance to speak and present written statements. They considered the report and recommendation from city staff. Section 5.City Council The city council hereby approvesthe resolution. Approval is based on the findings outlined in Section 3 of this resolution. Seconded by Councilmember Cave Ayes – All The motion passed. I.UNFINISHED BUSINESS None J.NEW BUSINESS 1.Resolution Ordering Preparation of Feasibility Study, 2027 Maplewood Street Improvements, City Project 26-11 Public Works Director Love gave the staff report. Councilmember Juenemannmoved to approve the resolution, ordering the preparation of a feasibility study for the 2027 Maplewood Street Improvements, city project 26-11. August10, 2026 City Council Meeting Minutes 5 Council Packet Page Number 5 of 388 E1 Resolution 26-08-2517 ORDERING PREPARATION OF A FEASIBILITY STUDY CITY PROJECT 26-11 WHEREAS, it is proposed to make improvements to the streets included in the 2027 Maplewood Street Improvements, City Project 26-11; and WHEREAS, it is proposed to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED by the city council of Maplewood, Minnesota: 1.The proposed improvement be referred to the city engineer for study and reporting to the city council advising the council, in a preliminary way, as to whether the proposed improvement is necessary, cost-effective, and feasible, whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 2.Funds in the amount of $100,000 are appropriated to prepare this feasibility study. Seconded by Councilmember VillavicencioAyes – All The motion passed. 2.Resolution Approving Joint Powers Agreement with the City of Woodbury for Sanitary Sewer and Water Service Public Works Director Love gave the staff report. CouncilmemberLeemoved to approve the resolution, approving the joint powers agreement with the city of Woodbury for sanitary sewer and/or water service, and direct the mayor and the city manager to sign the agreement. Minor revisions as approved by the city attorney are authorized as needed. Resolution 26-08-2518 APPROVING JOINT POWERS AGREEMENT WITH THE CITY OF WOODBURY FOR SANITARY SEWER AND WATER SERVICE WHEREAS, the city of Woodbury currently provides water and sanitary sewer utility services to several Maplewood properties along Century Avenue; and WHEREAS, the former Battle Creek Golf Course is being developed into the Century Ponds residential housing development, a portion of which will require sanitary sewer service from Woodbury; and WHEREAS, the cities of Woodbury and Maplewood have collaborated to August10, 2026 City Council Meeting Minutes 6 Council Packet Page Number 6 of 388 E1 establish a Joint Powers Agreement under which the city of Woodbury will continue to provide sanitary sewer and water utility services to these Maplewood properties; and WHEREAS, this Agreement defines the roles and responsibilities of each city with respect to the installation, ownership, operation, maintenance, financial obligations, and liabilities associated with the sanitary sewer and water utility services; and WHEREAS, establishing this Agreement provides both municipalities with a clear understanding of their respective responsibilities while supporting the efficient, reliable, and long-term delivery of sanitary sewer and water utility services; and WHEREAS, this Agreement supersedes all previous intergovernmental sanitary sewer and water utility service agreements between the two cities. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood, Minnesota as follows: 1.The Joint Powers Agreement between the city of Woodbury and the city of Maplewood for sanitary sewer and water utility services to specific Maplewood properties, as outlined in the Agreement, is hereby approved. 2.The mayor and city manager are hereby authorized to execute said Agreement on behalf of the city of Maplewood Seconded by Councilmember JuenemannAyes – All The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at7:39p.m. August10, 2026 City Council Meeting Minutes 7 Council Packet Page Number 7 of 388 E2 MINUTES MAPLEWOOD CITY COUNCILSPECIAL MEETING 11:00 A.M. Friday, August14, 2026 City Hall, Council Chambers Meeting No. 18-26 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at11:02byMayor Abrams. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent, via Zoom D.APPROVAL OF AGENDA CouncilmemberLeemoved to approve theagenda as submitted. Seconded by CouncilmemberJuenemann Ayes – All, via roll call The motion passed. E.UNFINISHED BUSINESS None F.NEW BUSINESS 1.Resolution Canvassing the Municipal Results of the August 11, 2026 State Primary Election City Clerk Sindt gave the staff report. Councilmember Cavemoved to approve the resolution canvassing the municipal results of the August 11, 2026 State Primary Election. Resolution 26-08-2519 RESOLUTION CANVASSING RESULTS OF PRIMARY ELECTION WHEREAS, a State Primary Election was held on August 11, 2026; WHEREAS, the ballot included three candidates for the Maplewood mayoral position, a four-year term; August 14, 2026 City Council Special Meeting Minutes 1 Council Packet Page Number 8 of 388 E2 WHEREAS, the city council shall serve as the canvassing board, canvass the results and declare the results of the election; WHEREAS, two candidates for mayor shall move on to the State General Election which will be held on November 3, 2026; NOW, THEREFORE, BE ITRESOLVED, that the city council of Maplewood, Ramsey County, Minnesota, acting as a canvassing board on August 14, 2026, hereby declares: 1.The following results from the August 11, 2026, State Primary Election as specified by the Abstract of Votes Cast: Mayoral Candidates (four-year seat): Marylee Abrams 2153 Chonburi Lee 3053 Diana Longrie 1743 2.The two candidates who received the highest number of votes for mayor at large in the Primary Election are Marylee Abrams and Chonburi Lee and shall have their names placed on the ballot for the November 3, 2026 State General Election without partisan designation. 3.The clerk is hereby directed to certify the results of the election to the county auditor. Seconded by CouncilmemberJuenemannAyes – All, via roll call The motion passed. G.AWARD OF BIDS None H.ADJOURNMENT Mayor Abramsadjourned the meeting at11:10p.m. August 14, 2026 City Council Special Meeting Minutes 2 Council Packet Page Number 9 of 388 F1a CITY COUNCIL STAFF REPORT Meeting Date August 24, 2026 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 Summary: This item is informational and intended to provide the city council with a forecast of upcoming agenda items and the workshop schedule. These are not official announcements of the meetings, but a 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 Workshop Schedule: Monday, September 14: Workshop: Commissioner Interviews; Maplewood Housing and Commercial Market Analysis Presentation (Maxfield Research) Monday, September 14: Council Meeting: Adopt preliminary property tax levy and EDA property tax levy Council Comments: Comments regarding workshops, council meetings or other topics of concern or interest. Maplewood Living Schedule: The schedule for councilmember articles in Maplewood Living is temporarily on hold during the current election season. Upcoming Community Events: Friday Fireworks, featuring Touch-a-Truck, September 18, 5 Î 8 PM, Hazelwood Park Council Packet Page Number 10 of 388 F CITY COUNCIL STAFF REPORT Meeting Date August 24, 2026 REPORT TO: Michale Sable, City Manager REPORT FROM: Joe Sheeran, HPC Liaison PRESENTER: Joe Sheeran, HPC Liaison AGENDA ITEM: Resolution Awarding the 2026 Maplewood Heritage Award to Laura Koski Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Summary: The Maplewood Heritage Award annually recognizes an individual who has positively influenced the cityÓs past or strengthened its preservation. At its July 2026 meeting, the Heritage Preservation Commission (HPC) selected Laura Koski as this yearÓs Maplewood Heritage Award recipient. Recommended Action: Motion to approve the resolution awarding Laura Koski, former HPC commissioner, with the Heritage Preservation Award. 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: SafetyFocus Area: Sustainability Focus Area: Cultivate a connected, engaged community Development Focus Area: Background: In her time on the Heritage Preservation Commission, Laura Koski has made several significant contributions to help Maplewood preserve history, including: Leading a project to update the inventory of the 100-year-old houses Researching and working to document the history of more than 20 significant buildings and preparing them for GIS mapping. Teaching commissions how to navigate the State Historic Preservation Office (SHPO) database. Council Packet Page Number 11 of 388 F Volunteering industry expertise as a geologist to inform and guide HPC discussions and decisions Attachments: 1.Resolution Council Packet Page Number 12 of 388 F, Attachment 1 Resolution Awarding the 2026 Maplewood Heritage Award to Laura Koski WHEREAS, Laura Koski lead a project to update the inventory of the 100-year-old houses; and WHEREAS, she researched to document the history of more than 20 significant buildings and prepared them for GIS mapping; and WHEREAS, Ms. Koski showed commissions how to navigate the State Historic Preservation Office (SHPO) database; and WHEREAS, she volunteered her industry expertise as a geologist to inform and guide Heritage Preservation Commission (HPC) discussions and decisions. NOW, THEREFORE, BE IT IS RESOLVED on behalf of the City of Maplewood, that Laura Koski is presented the Maplewood Heritage Award, which recognizes an individual who has significantly contributed to preservation of Maplewood history or historic sites through research, preservation, or education and outreach. Passed by the Maplewood City Council on August 24, 2026. Council Packet Page Number 13 of 388 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 14 of 388 G1 Council Packet Page Number 15 of 388 G1, Attachment Council Packet Page Number 16 of 388 G1, Attachment Council Packet Page Number 17 of 388 G1, Attachment Council Packet Page Number 18 of 388 G1, Attachment Council Packet Page Number 19 of 388 G1, Attachment Council Packet Page Number 20 of 388 G1, Attachment Council Packet Page Number 21 of 388 G1, Attachment Council Packet Page Number 22 of 388 G1, Attachment Council Packet Page Number 23 of 388 G1, Attachment Council Packet Page Number 24 of 388 G1, Attachment Council Packet Page Number 25 of 388 G2 CITY COUNCIL STAFF REPORT Meeting Date August 24, 2026 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director Scott Schultz, Utility/Fleet Superintendent PRESENTER:Steven Love, Public Works Director AGENDA ITEM: Purchase of a Half-Ton Truck (Unit 512) Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Summary: The City of Maplewood’s 2026-2030 Capital Improvement Plan (CIP) identifies the replacement of a half-ton truck. City council approval is needed to move forward with this purchase. Recommended Action: Motion to approve the purchase of a half-ton truck and direct the mayor and city manager to enter into a contract with Karl Chevrolet under MN State Contract #258521 in the amount of $47,145. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $47,145 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The 2026-2030 CIP identifies $45,000 for the replacement of a half-ton truck. The cost for this purchase, less the estimated auction value ($4,000), is $43,145. This is $1,855 less than the CIP amount. The finance director has reviewed the fleet fund balance, and there are sufficient funds to move forward with this purchase. Strategic Plan Relevance: Safety Maintain and enhance infrastructure and environmental systems Sustainability Development The new truck will be used by the engineering department to manage the city’s engineering and street projects. Background: Unit 512, a half-ton truck used by the engineering staff, has high mileage and is no longer cost- effective to operate. As part of the city’s asset management program, fleet assets are evaluated using a Vehicle Replacement Rating (VRR) score, which reflects a vehicle’s current condition and establishes Council Packet Page Number 26 of 388 G2 replacementpriority. The VRR score ranges from 0 to 30, where 0 is a brand-new vehicle and 30 indicates the highest priority for replacement. VRR scores are calculated based on ratings in six categories: 1. Vehicle's age 2. Use (distance driven or time in service) 3. Maintenance and repair costs (excluding accident repairs) 4. Reliability (frequency of shop visits for repairs) 5. Type of service the vehicle receives 6. Condition, based on mechanic’s inspection Unit 512 received a VRR score of 22 due to heavy wear, indicating a high priority for replacement. Staff recommends replacing this truck and authorizing its purchase from Karl Chevrolet under MN State Contract #258521 for $47,145. The old truck will be sent to auction upon replacement. Attachments: 1. Quotes/Specs from Karl Chevrolet Council Packet Page Number 27 of 388 G2, Attachment 1 Council Packet Page Number 28 of 388 G2, Attachment 1 Council Packet Page Number 29 of 388 G2, Attachment 1 Council Packet Page Number 30 of 388 G2, Attachment 1 Council Packet Page Number 31 of 388 G2, Attachment 1 Council Packet Page Number 32 of 388 G3 CITY COUNCIL STAFF REPORT Meeting Date August 24, 2026 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director Jon Jarosch, Assistant City Engineer PRESENTER:Steven Love, Public Works Director AGENDA ITEM: Resolution Accepting Assessment Roll and Ordering Assessment Hearing for September 28, 2026, 2026 Maplewood Street Improvements, City Project 25-21 Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Summary: The city council will consider approving the resolution accepting assessment roll and ordering assessment hearing for September 28, 2026, for the 2026 Maplewood Street Improvements, City Project 25-21. Recommended Action: Motion to approve the resolution accepting assessment roll and ordering assessment hearing for the 2026 Maplewood Street Improvements, City Project 25-21. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $1,867,365 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The overall project cost is estimated at $11,786,700. Assessments are one of the funding sources for the project. Based on the pending assessment roll, the estimated total amount of assessments for the 2026 Maplewood Street Improvements is $1,867,365. Strategic Plan Relevance: Safety Maintain and enhance infrastructure and environmental systems Sustainability Advance environmental stewardship initiatives Development The 2026 Maplewood Street Improvements project represents an investment in the long-term maintenance of the city’s infrastructure. Council Packet Page Number 33 of 388 G3 Background: Assessments are one source of funding for the city’s municipal infrastructure projects. The assessment hearing gives property owners an opportunity to speak to the city council regarding the pending assessment of their property. There are 371 assessable residential and commercial properties within the project area. An independent appraisal firm was hired to provide an opinion of special benefit received by properties within the project area. The appraisal report confirmed that the proposed assessments in the attached pending assessment roll exhibit are reasonable and that these properties benefit from the project by an amount at least equal to the proposed assessments. An informational meeting will be held for property owners before the assessment hearing to answer questions about assessments and the process. Before the informational meeting, property owners will be informed by mail of their pending assessment amount and the next steps. Budget Information The contract was awarded to Park Construction Company by the city council on May 11, 2026. The total construction contract cost is $10,178,819.95. See the table below for the project funding plan, including allowances for indirect costs and contingencies. Funding SourceTotal Amount General Obligation (G.O.) Improvement Bonds $4,897,085 Street Revitalization Fund $1,364,250 Environmental Utility Fund $2,292,000 Sanitary Sewer Fund $463,100 Water Area Fund $152,400 St. Paul Regional Water Services (SPRWS) $671,300 Special Benefit Assessments (Preliminary Roll)$1,946,565 Total Project Funding:$11,786,700 The assessment amounts shown in the attached pending assessment roll exhibit are based on the appraisal report completed by an independent appraiser. Based on the appraisal report, the total assessment amount is $1,867,365. This amount is $79,200 lower than the preliminary amount of $1,946,565. The change in amounts is attributed mainly to a reduction of assessment amounts for some commercial and church properties within the project area, as recommended by the appraisal report. It is anticipated that the reduction in assessment funding will be covered by the project’s 10% contingencies that are built into the above funding plan. The finance director has reviewed the project costs and current funding plan. A final budget adjustment will be made based on final construction costs after construction is completed. No budget adjustment is currently recommended. Council Packet Page Number 34 of 388 G3 Project Schedule Project Milestone Date City Council Meeting | Order Preparation of Feasibility Study6/23/2025 Neighborhood Meeting #1 (Walter-Beam Area)12/17/2025 Neighborhood Meeting #1 (County Road C Area)12/18/2025 City Council Meeting | Accept Feasibility Study, Order Public Hearing, 1/26/2026 Authorize Preparation of Plans and Specifications Neighborhood Meeting #2 (Walter-Beam & County Road C Areas)2/18/2026 City Council Meeting | Public Hearing and Order Improvement2/23/2026 City Council Meeting | Approve Plans and Specifications, Authorize 3/23/2026 Advertisement for Bids, Authorize Preparation of Assessment Roll Bid Opening4/28/2026 City Council Meeting | Award Contract 5/11/2026 Neighborhood Meeting #3 (Walter-Beam Area)May 2026 Neighborhood Meeting #3 (County Road C Area)May 2026 Begin Construction June 2026 City Council Meeting | Accept Assessment Roll and Order Assessment August 24, 2026 Hearing Neighborhood Meeting #4 (Walter-Beam & County Road C Areas)September 2026 City Council Meeting | Assessment Hearing and Adopt Assessment September 28, 2026 Roll Complete Construction November 2026 Assessments Certified to Ramsey County November 2026 Attachments: 1. Resolution Accepting Assessment Roll and Ordering Assessment Hearing 2. Pending Assessment Roll 3. Project Location Map Council Packet Page Number 35 of 388 G3, Attachment 1 RESOLUTION ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING CITY PROJECT 25-21 WHEREAS, the clerk and the city engineer have, at the direction of the city council, prepared an assessment roll for the 2026 Maplewood Street Improvements, City Project 25-21, and said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota: 1. A hearing shall be held on September 28, 2026, at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owner of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Approved on August 24, 2026. Council Packet Page Number 36 of 388 G3, Attachment 2 Pending Assessment Roll 2026 Maplewood Street Improvements City Project 25-21 Site AddressUnits/Front FootageAssessment Amount Parcel ID 1029222400242510 BARCLAY ST N1$6,600.00 2511 BARCLAY ST N1$6,600.00 102922240069 2516 BARCLAY ST N1$6,600.00 102922240025 1029222400732517 BARCLAY ST N1$6,600.00 1140 BEAM AVE E2$6,900.00 042922420003 0429221300651151 BEAM AVE E1$3,450.00 1161 BEAM AVE E1$3,450.00 042922130066 1166 BEAM AVE E1$3,450.00 042922420005 0429221300671171 BEAM AVE E1$3,450.00 1174 BEAM AVE E1$3,450.00 042922420001 0429221400081185 BEAM AVE E1$3,450.00 1190 BEAM AVE E1$3,450.00 042922410010 1193 BEAM AVE E1$3,450.00 042922140006 0429224100091200 BEAM AVE E1$3,450.00 1210 BEAM AVE E1$3,450.00 042922410016 0429224100171220 BEAM AVE E1$3,450.00 1241 BEAM AVE E1$29,463.00 042922140070 1479 BROOKS AVE E1$6,600.00 102922240023 1029222400081480 BROOKS AVE E1$6,600.00 1490 BROOKS AVE E1$6,600.00 102922240009 1029222400061499 BROOKS AVE E1$6,600.00 1501 BROOKS AVE E1$6,600.00 102922240005 1510 BROOKS AVE E1$6,600.00 102922240075 1029222400041513 BROOKS AVE E1$6,600.00 1514 BROOKS AVE E1$6,600.00 102922240076 1029222400111518 BROOKS AVE E1$6,600.00 1522 BROOKS AVE E0.5$3,300.00 102922240012 2964 CAREY HEIGHTS DR N1$3,450.00 042922130012 0429221300112972 CAREY HEIGHTS DR N1$3,450.00 2975 CAREY HEIGHTS DR N1$3,450.00 042922130039 0429221300102980 CAREY HEIGHTS DR N1$3,450.00 2984 CAREY HEIGHTS DR N1$3,450.00 042922130009 2989 CAREY HEIGHTS DR N1$3,450.00 042922130040 0429221300082990 CAREY HEIGHTS DR N1$3,450.00 2993 CAREY HEIGHTS DR N1$3,450.00 042922130041 0429221300072994 CAREY HEIGHTS DR N1$3,450.00 2999 CAREY HEIGHTS DR N1$3,450.00 042922130042 3000 CAREY HEIGHTS DR N1$3,450.00 042922130006 0429221200963003 CAREY HEIGHTS DR N1$3,450.00 3008 CAREY HEIGHTS DR N1$3,450.00 042922110007 0429221100083012 CAREY HEIGHTS DR N1$3,450.00 Council Packet Page Number 37 of 388 G3, Attachment 2 3013 CAREY HEIGHTS DR N1$3,450.00 042922120004 0429221100093020 CAREY HEIGHTS DR N1$3,450.00 3024 CAREY HEIGHTS DR N1$3,450.00 042922110010 0429221200953029 CAREY HEIGHTS DR N1$3,450.00 3030 CAREY HEIGHTS DR N1$3,450.00 042922110011 3035 CAREY HEIGHTS DR N1$3,450.00 042922120079 0429221100123038 CAREY HEIGHTS DR N1$3,450.00 3043 CAREY HEIGHTS DR N1$3,450.00 042922120080 0429221100133044 CAREY HEIGHTS DR N1$3,450.00 3051 CAREY HEIGHTS DR N1$3,450.00 042922120081 3059 CAREY HEIGHTS DR N1$3,450.00 042922110021 0429221100223065 CAREY HEIGHTS DR N1$3,450.00 2470 CLARENCE ST N1$6,600.00 102922230008 1029222300072486 CLARENCE ST N1$6,600.00 2494 CLARENCE ST N1$6,600.00 102922230006 2500 CLARENCE ST N1$6,600.00 102922230005 1029222300042512 CLARENCE ST N1$6,600.00 2520 CLARENCE ST N1$6,600.00 102922230003 1029222200432523 CLARENCE ST N1$6,600.00 2529 CLARENCE ST N1$6,600.00 102922220042 2530 CLARENCE ST N1$6,600.00 102922220016 1029222200462535 CLARENCE ST N1$6,600.00 2539 CLARENCE ST N1$6,600.00 102922220045 1029222200152540 CLARENCE ST N1$6,600.00 2550 CLARENCE ST N1$6,600.00 102922220014 2559 CLARENCE ST N2$13,200.00 102922220040 1029222200132560 CLARENCE ST N1$6,600.00 2567 CLARENCE ST N1$6,600.00 102922220039 1029222200122570 CLARENCE ST N1$6,600.00 2571 CLARENCE ST N1$6,600.00 102922220038 2576 CLARENCE ST N1$6,600.00 102922220011 1029222200102580 CLARENCE ST N1$6,600.00 2581 CLARENCE ST N1$6,600.00 102922220037 1029222200362591 CLARENCE ST N1$6,600.00 2595 CLARENCE ST N1$6,600.00 102922220035 2596 CLARENCE ST N1$6,600.00 102922220009 1029222200342603 CLARENCE ST N1$6,600.00 2604 CLARENCE ST N1$6,600.00 102922220008 1029222200072608 CLARENCE ST N1$6,600.00 2609 CLARENCE ST N1$6,600.00 102922220033 2615 CLARENCE ST N1$6,600.00 102922220032 1029222200062616 CLARENCE ST N1$6,600.00 2626 CLARENCE ST N1$6,600.00 102922220005 0329223300712715 CLARENCE ST N1$6,600.00 2719 CLARENCE ST N1$6,600.00 032922330070 2720 CLARENCE ST N1$6,600.00 032922330010 Council Packet Page Number 38 of 388 G3, Attachment 2 2725 CLARENCE ST N1$6,600.00 032922330016 0329223300572730 CLARENCE ST N1$6,600.00 2735 CLARENCE ST N1$6,600.00 032922330015 0329223300562744 CLARENCE ST N1$6,600.00 2746 CLARENCE ST N1$6,600.00 032922330013 2747 CLARENCE ST N2$13,200.00 032922330079 0429221400271220 COUNTRYVIEW CIR E1$3,450.00 1221 COUNTRYVIEW CIR E1$3,450.00 042922140026 0429221400251227 COUNTRYVIEW CIR E1$3,450.00 1230 COUNTRYVIEW CIR E UNIT E1$3,450.00 042922140028 1237 COUNTRYVIEW CIR E1$3,450.00 042922140024 0429221400291240 COUNTRYVIEW CIR E1$3,450.00 1247 COUNTRYVIEW CIR E1$3,450.00 042922140023 1029222200191356 COUNTY ROAD C E1$5,100.00 1366 COUNTY ROAD C E1$5,100.00 102922220017 1374 COUNTY ROAD C E1$5,100.00 102922220004 0329223300551403 COUNTY ROAD C E1$5,100.00 1411 COUNTY ROAD C E1$5,100.00 032922330074 0329224400221741 COUNTY ROAD C E1$5,100.00 1219 DULUTH CT E1$3,450.00 042922140033 1223 DULUTH CT E1$3,450.00 042922140032 0429221400341232 DULUTH CT E1$3,450.00 1233 DULUTH CT E1$3,450.00 042922140031 0429221400351242 DULUTH CT E1$3,450.00 1243 DULUTH CT E1$3,450.00 042922140030 3002 DULUTH ST E1$3,450.00 042922110031 0429221400512882 DULUTH ST N1$3,450.00 2883 DULUTH ST N1$3,450.00 042922140037 0429221400362889 DULUTH ST N1$3,450.00 2890 DULUTH ST N1$3,450.00 042922140050 2898 DULUTH ST N1$3,450.00 042922140049 0429221400482906 DULUTH ST N1$3,450.00 2914 DULUTH ST N1$3,450.00 042922140047 0429221400462922 DULUTH ST N1$3,450.00 2930 DULUTH ST N1$3,450.00 042922140045 2938 DULUTH ST N1$3,450.00 042922140044 0429221400432946 DULUTH ST N1$3,450.00 2954 DULUTH ST N1$3,450.00 042922140042 0429221400412962 DULUTH ST N1$3,450.00 2970 DULUTH ST N1$3,450.00 042922140040 2978 DULUTH ST N1$3,450.00 042922140039 0429221401152986 DULUTH ST N1$3,450.00 2994 DULUTH ST N1$3,450.00 042922110032 0429221100202995 DULUTH ST N1$3,450.00 3003 DULUTH ST N1$3,450.00 042922110019 3010 DULUTH ST N1$3,450.00 042922110030 Council Packet Page Number 39 of 388 G3, Attachment 2 3011 DULUTH ST N1$3,450.00 042922110018 0429221100293018 DULUTH ST N1$3,450.00 3019 DULUTH ST N1$3,450.00 042922110017 0429221100283026 DULUTH ST N1$3,450.00 3027 DULUTH ST N1$3,450.00 042922110016 3034 DULUTH ST N1$3,450.00 042922110027 0429221100153035 DULUTH ST N1$3,450.00 3042 DULUTH ST N1$3,450.00 042922110026 0429221100253050 DULUTH ST N1$3,450.00 3053 DULUTH ST N1$3,450.00 042922110014 3058 DULUTH ST N1$3,450.00 042922110024 0429221100233066 DULUTH ST N1$3,450.00 2957 EDWARD ST N1$3,450.00 042922130049 0429221300312961 EDWARD ST N1$3,450.00 2965 EDWARD ST N1$3,450.00 042922130050 2968 EDWARD ST N1$3,450.00 042922130046 0429221300512973 EDWARD ST N1$3,450.00 2978 EDWARD ST N1$3,450.00 042922130045 0429221300442990 EDWARD ST N1$3,450.00 2993 EDWARD ST N1$3,450.00 042922130047 3000 EDWARD ST N1$3,450.00 042922120036 0429221200533001 EDWARD ST N1$3,450.00 3006 EDWARD ST N1$3,450.00 042922120037 0429221200523011 EDWARD ST N1$3,450.00 3012 EDWARD ST N1$3,450.00 042922120038 3017 EDWARD ST N1$3,450.00 042922120051 0429221200393020 EDWARD ST N1$3,450.00 3025 EDWARD ST N1$3,450.00 042922120050 0429221200403026 EDWARD ST N1$3,450.00 3031 EDWARD ST N1$3,450.00 042922120049 3034 EDWARD ST N1$3,450.00 042922120041 0429221200483039 EDWARD ST N1$3,450.00 3044 EDWARD ST N1$3,450.00 042922120042 0429221200473047 EDWARD ST N1$3,450.00 3054 EDWARD ST N1$3,450.00 042922120043 3057 EDWARD ST N1$3,450.00 042922120046 0429221200443064 EDWARD ST N1$3,450.00 3067 EDWARD ST N1$3,450.00 042922120045 0329223300532663 ELM ST N1$6,600.00 2664 ELM ST N1$6,600.00 032922330061 2674 ELM ST N1$6,600.00 032922330060 0329223300292675 ELM ST N1$6,600.00 2676 ELM ST N1$6,600.00 032922330023 0329223300282683 ELM ST N1$6,600.00 2684 ELM ST N1$6,600.00 032922330022 2693 ELM ST N1$6,600.00 032922330025 Council Packet Page Number 40 of 388 G3, Attachment 2 2648 ENGLISH ST N1$5,100.00 032922330043 0429224400532655 ENGLISH ST N1$5,100.00 2660 ENGLISH ST N1$6,600.00 032922330042 0429224400332661 ENGLISH ST N1$6,600.00 2666 ENGLISH ST N1$6,600.00 032922330041 2667 ENGLISH ST N1$6,600.00 042922440034 0429224400132675 ENGLISH ST N1$6,600.00 2676 ENGLISH ST N1$6,600.00 032922330040 0429224400122681 ENGLISH ST N1$6,600.00 2684 ENGLISH ST N1$6,600.00 032922330039 1190 FRANK CT E1$3,450.00 042922130020 0429221300191200 FRANK CT E1$3,450.00 1201 FRANK CT E1$3,450.00 042922130016 0429221300181210 FRANK CT E1$3,450.00 1211 FRANK CT E1$3,450.00 042922130017 2900 FRANK ST N1$3,450.00 042922140013 0429221300232901 FRANK ST N1$3,450.00 2908 FRANK ST N1$3,450.00 042922140012 0429221300242909 FRANK ST N1$3,450.00 2916 FRANK ST N1$3,450.00 042922130022 2917 FRANK ST N1$3,450.00 042922130025 0429221300212924 FRANK ST N1$3,450.00 2925 FRANK ST N1$3,450.00 042922130026 0429221300272933 FRANK ST N1$3,450.00 2940 FRANK ST N1$3,450.00 042922130015 2941 FRANK ST N1$3,450.00 042922130028 0429221300142948 FRANK ST N1$3,450.00 2949 FRANK ST N1$3,450.00 042922130029 0429221300132956 FRANK ST N1$3,450.00 2957 FRANK ST N1$3,450.00 042922130030 2969 FRANK ST N1$3,450.00 042922130032 0429221300332975 FRANK ST N1$3,450.00 2976 FRANK ST N1$3,450.00 042922130038 0429221300342987 FRANK ST N1$3,450.00 2988 FRANK ST N1$3,450.00 042922130037 2997 FRANK ST N1$3,450.00 042922130035 0429221300362998 FRANK ST N1$3,450.00 3006 FRANK ST N1$3,450.00 042922120075 0429221200773007 FRANK ST N1$3,450.00 3016 FRANK ST N1$3,450.00 042922120076 2647 GEM ST N1$5,100.00 032922440034 0329224400332655 GEM ST N1$6,600.00 2664 GEM ST N1$6,600.00 032922440017 0329224400322665 GEM ST N1$6,600.00 2675 GEM ST N1$6,600.00 032922440031 2680 GEM ST N1$6,600.00 032922440016 Council Packet Page Number 41 of 388 G3, Attachment 2 2684 GEM ST N1$6,600.00 032922440015 0329224400302687 GEM ST N1$6,600.00 2688 GEM ST N1$6,600.00 032922440014 0329224400292691 GEM ST N1$6,600.00 2696 GEM ST N1$6,600.00 032922440013 2699 GEM ST N1$6,600.00 032922440028 0329224400272711 GEM ST N1$6,600.00 2714 GEM ST N1$6,600.00 032922440011 0329224400102716 GEM ST N1$6,600.00 2720 GEM ST N1$6,600.00 032922440007 2723 GEM ST N1$6,600.00 032922440026 0329224400062728 GEM ST N1$6,600.00 2733 GEM ST N1$6,600.00 032922440025 0329224400032740 GEM ST N1$6,600.00 2745 GEM ST N1$6,600.00 032922440047 2749 GEM ST N1$6,600.00 032922440050 0329224400022752 GEM ST N1$6,600.00 2755 GEM ST N1$6,600.00 032922440049 1029222400032501 HAZELWOOD ST N1$5,100.00 0 KOHLMAN AVE E1$6,600.00 032922330034 1236 KOHLMAN AVE E1$6,600.00 042922440043 0429224400461244 KOHLMAN AVE E1$6,600.00 1247 KOHLMAN AVE E1$6,600.00 042922440010 0429224400171250 KOHLMAN AVE E1$6,600.00 1257 KOHLMAN AVE E1$6,600.00 042922440005 1263 KOHLMAN AVE E1$6,600.00 042922440058 0429224400161264 KOHLMAN AVE E1$6,600.00 1270 KOHLMAN AVE E1$6,600.00 042922440015 0429224400491281 KOHLMAN AVE E1$6,600.00 1284 KOHLMAN AVE E1$6,600.00 042922440014 1287 KOHLMAN AVE E1$6,600.00 042922440051 0429224400111292 KOHLMAN AVE E1$6,600.00 1293 KOHLMAN AVE E1$6,600.00 042922440052 0329223300381308 KOHLMAN AVE E1$6,600.00 1309 KOHLMAN AVE E1$6,600.00 032922330072 1313 KOHLMAN AVE E1$6,600.00 032922330073 0329223300371316 KOHLMAN AVE E1$6,600.00 1319 KOHLMAN AVE E1$6,600.00 032922330019 0329223300361324 KOHLMAN AVE E1$6,600.00 1325 KOHLMAN AVE E1$6,600.00 032922330018 1336 KOHLMAN AVE E1$6,600.00 032922330035 0329223300331350 KOHLMAN AVE E1$6,600.00 1358 KOHLMAN AVE E1$6,600.00 032922330032 0329223300091363 KOHLMAN AVE E1$6,600.00 1366 KOHLMAN AVE E1$6,600.00 032922330031 1367 KOHLMAN AVE E1$6,600.00 032922330064 Council Packet Page Number 42 of 388 G3, Attachment 2 1373 KOHLMAN AVE E1$6,600.00 032922330065 0329223300301376 KOHLMAN AVE E1$6,600.00 1381 KOHLMAN AVE E1$6,600.00 032922330007 0329223300271384 KOHLMAN AVE E1$6,600.00 1389 KOHLMAN AVE E1$6,600.00 032922330059 1390 KOHLMAN AVE E1$6,600.00 032922330026 0329223300581393 KOHLMAN AVE E1$6,600.00 1403 KOHLMAN AVE E1$6,600.00 032922330005 0329223300041403 KOHLMAN AVE E1$6,600.00 1410 KOHLMAN AVE E1$6,600.00 032922330021 1417 KOHLMAN AVE E1$6,600.00 032922330003 0329223400171418 KOHLMAN AVE E1$6,600.00 1423 KOHLMAN AVE E1$6,600.00 032922330001 0329223400161426 KOHLMAN AVE E1$6,600.00 1429 KOHLMAN AVE E1$6,600.00 032922340018 1839 KOHLMAN AVE E1$6,600.00 022922330036 0229223300371847 KOHLMAN AVE E1$6,600.00 1861 KOHLMAN AVE E1$6,600.00 022922330007 0229223300261862 KOHLMAN AVE E1$6,600.00 1873 KOHLMAN AVE E1$6,600.00 022922330006 1874 KOHLMAN AVE E1$6,600.00 022922330025 0229223300241884 KOHLMAN AVE E1$6,600.00 1885 KOHLMAN AVE E1$6,600.00 022922330003 0229223300231892 KOHLMAN AVE E1$6,600.00 1893 KOHLMAN AVE E1$6,600.00 022922330002 1896 KOHLMAN AVE E1$6,600.00 022922340018 0429221300481131 LYDIA AVE E1$3,450.00 1140 LYDIA AVE E1$3,450.00 042922130053 0429221300521148 LYDIA AVE E1$3,450.00 2700 MAPLEWOOD DR N1$4,000.00 042922440042 2873 MAPLEWOOD DR N1$28,152.00 042922410006 0429221400181215 SUMMIT CT E1$3,450.00 1216 SUMMIT CT E1$3,450.00 042922140019 0429221400171225 SUMMIT CT E1$3,450.00 1226 SUMMIT CT E1$3,450.00 042922140020 1235 SUMMIT CT E1$3,450.00 042922140016 0429221400211236 SUMMIT CT E1$3,450.00 1245 SUMMIT CT E1$3,450.00 042922140015 0429221400221246 SUMMIT CT E1$3,450.00 2647 VAN DYKE ST N1$5,100.00 022922330035 2654 VAN DYKE ST N1$6,600.00 022922330030 0229223300202655 VAN DYKE ST N1$6,600.00 2666 VAN DYKE ST N1$6,600.00 022922330029 0229223300282676 VAN DYKE ST N1$6,600.00 2684 VAN DYKE ST N1$6,600.00 022922330027 2920 WALTER ST N1$3,450.00 042922130064 Council Packet Page Number 43 of 388 G3, Attachment 2 2921 WALTER ST N1$3,450.00 042922130082 0429221300632926 WALTER ST N1$3,450.00 2927 WALTER ST N1$3,450.00 042922130069 0429221300622932 WALTER ST N1$3,450.00 2935 WALTER ST N1$3,450.00 042922130070 2940 WALTER ST N1$3,450.00 042922130061 0429221300712945 WALTER ST N1$3,450.00 2946 WALTER ST N1$3,450.00 042922130060 0429221300592952 WALTER ST N1$3,450.00 2953 WALTER ST N1$3,450.00 042922130072 2958 WALTER ST N1$3,450.00 042922130058 0429221300732959 WALTER ST N1$3,450.00 2964 WALTER ST N1$3,450.00 042922130057 0429221300742965 WALTER ST N1$3,450.00 2970 WALTER ST N1$3,450.00 042922130056 2971 WALTER ST N1$3,450.00 042922130075 0429221300762975 WALTER ST N1$3,450.00 2976 WALTER ST N1$3,450.00 042922130055 0429221300772979 WALTER ST N1$3,450.00 2982 WALTER ST N1$3,450.00 042922130054 2983 WALTER ST N1$3,450.00 042922130078 0429221300792987 WALTER ST N1$3,450.00 2991 WALTER ST N1$3,450.00 042922130080 0429221300812997 WALTER ST N1$3,450.00 3002 WALTER ST N1$3,450.00 042922120026 3003 WALTER ST N1$3,450.00 042922120017 0429221200273012 WALTER ST N1$3,450.00 3013 WALTER ST N1$3,450.00 042922120018 0429221200283018 WALTER ST N1$3,450.00 3019 WALTER ST N1$3,450.00 042922120019 3024 WALTER ST N1$3,450.00 042922120029 0429221200203027 WALTER ST N1$3,450.00 3032 WALTER ST N1$3,450.00 042922120030 0429221200213035 WALTER ST N1$3,450.00 3042 WALTER ST N1$3,450.00 042922120031 3043 WALTER ST N1$3,450.00 042922120022 0429221200323048 WALTER ST N1$3,450.00 3049 WALTER ST N1$3,450.00 042922120023 0429221200713056 WALTER ST N1$3,450.00 3057 WALTER ST N1$3,450.00 042922120024 3065 WALTER ST N1$3,450.00 042922120025 0429221200613071 WALTER ST N1$3,450.00 3076 WALTER ST N1$3,450.00 042922120068 0429221200603079 WALTER ST N1$3,450.00 3082 WALTER ST N1$3,450.00 042922120067 3087 WALTER ST N1$3,450.00 042922120059 Council Packet Page Number 44 of 388 G3, Attachment 2 3088 WALTER ST N1$3,450.00 042922120066 0429221200653096 WALTER ST N1$3,450.00 3097 WALTER ST N1$3,450.00 042922120058 0429221200643104 WALTER ST N2$6,900.00 3105 WALTER ST N1$3,450.00 042922120057 3109 WALTER ST N1$3,450.00 042922120056 0429221200553113 WALTER ST N1$3,450.00 2691 WHITE BEAR AVE N1$29,000.00 022922340024 Total Assessment Amount:$1,867,365.00 Council Packet Page Number 45 of 388 G3, Attachment 3 Council Packet Page Number 46 of 388 G4 CITY COUNCIL STAFF REPORT Meeting Date August 24, 2026 REPORT TO: Michael Sable, City Manager REPORT FROM: Michael Martin, Assistant Community and Economic Development Director PRESENTER:Danette Parr,Community and Economic 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:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Summary: On December 3, 2025, the Metropolitan Council awarded the City of Maplewood a $400,000 Affordable Homeownership Grant to support Twin Cities Habitat for Humanity’s construction of four new twin home units at the southwest corner of Duluth Street and Edgehill Court East, which will be affordable to households at or below 80 percent of the area median income. Habitat for Humanity also plans to construct an additional single-family home as part of this project, but this grant will not be used for that housing unit. 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 agreements with the Metropolitan Council and Twin Cities Habitat for Humanity for a $400,000 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: Safety Sustainability Development Promote residential development and thoughtful redevelopment Council Packet Page Number 47 of 388 G4 The citysupports partnering with developers to secure funding from other agencies to bring funds into Maplewood to foster quality development. Background: As part of a planned five-home affordable homeownership project, Twin Cities Habitat for Humanity is developing a vacant site on Duluth Street near its intersection with Edgehill Court East. This phase of the project will construct four new twin-home units and one single-family home, providing homeownership opportunities that are affordable to households earning 80 percent or less of the area median income. The homes will include sustainability features intended to keep ongoing utility and maintenance costs manageable for families. The twin homes are required to receive design approval from the city’s Community Design Review Board before starting construction. To help fund construction, the city and Twin Cities Habitat for Humanity applied to the Metropolitan Council’s Affordable Homeownership Grant fund. On December 3, 2025, the Metropolitan Council awarded the city $400,000 for the project. The awarded funds will be used for the general construction of the four twin home units. The grant agreement expires December 31, 2028, and grant funds must be expended, and the project must have “commenced” prior to that date. 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 Duluth Street Development between City of Maplewood and Twin Cities Habitat for Humanity Council Packet Page Number 48 of 388 G4, Attachment 1 GRANTEE: City of Maplewood GRANT NO. SG-25431 PROJECT: Duluth Street GRANT AMOUNT: $400,000 FUNDING CYCLE: 2025 COUNCIL ACTION: December 3, 2025 EXPIRATION DATE: December 31, 2028 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: Council Packet Page Number 49 of 388 G4, Attachment 1 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. Council Packet Page Number 50 of 388 G4, Attachment 1 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, Council Packet Page Number 51 of 388 G4, Attachment 1 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 2.12 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. Council Packet Page Number 52 of 388 G4, Attachment 1 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. The Council will reimburse up to 90 percent of the awarded grant funds. The remaining 10 percent may be withheld before a final payment is issued until the Grantee: (a) completes the Project or grant deliverables identified in the project summary; and (b) submits a final request for payment and the Final Report as required under Section 3.03. If the required deliverables are not submitted within the term and closeout period specified in Section 4.01, the Council shall have no obligation to disburse the remaining 10 percent. In such cases, the remaining funds shall revert to the Council’s Livable Communities Demonstration Account for redistribution through future funding cycles or as otherwise permitted by law. 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 Council Packet Page Number 53 of 388 G4, Attachment 1 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 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 Packet Page Number 54 of 388 G4, Attachment 1 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 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. ALL GRANT FUNDS NOT EXPENDED BY THE GRANTEE PRIOR TO THE EXPIRATION DATE AND REQUESTED FOR REIMBURSEMENT PRIOR TO THE END OF THE CLOSEOUT PERIOD SHALL REVERT TO THE COUNCIL 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 Council Packet Page Number 55 of 388 G4, Attachment 1 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 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. Council Packet Page Number 56 of 388 G4, Attachment 1 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, 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 2050 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 Council Packet Page Number 57 of 388 G4, Attachment 1 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. 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. Council Packet Page Number 58 of 388 G4, Attachment 1 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: _____________________________ Council Packet Page Number 59 of 388 G4, 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 60 of 388 G4, Attachment 1 Livable Communities Project Summary Grant # SG-25431 Type: LCDA - Affordable Homeownership Applicant: City of Maplewood Project Name: Duluth Street Project Location: SW Corner of Duluth Street and Edgehill Court East, Maplewood Council District: 13 - Lee Project Detail Project Overview As part of a planned five-home project, this project will develop four new homeownership opportunities affordable to households earning 80% of the area median income on a Duluth Street site that has been vacant for several years. Homes will include sustainability features that keep ongoing utility and maintenance costs manageable for families. Number of Homes Funded 4 Targeted Affordability* 80% AMI Number of Bedrooms per Home 4 Affordability Mechanism Subordinate Mortgage and Deed Restriction Development Team Twin Cities Habitat for Humanity Funding Requested Amount $500,000 Use of Funds & Recommended Award Amount $400,000 Award Amount Use: General construction Deliverables: Four new homeownership opportunities affordable to households earning 80% of the area median income or less. *All homeownership opportunities supported through the LCDA-Affordable Homeownership grant program must be affordable to households living at no more than 80% of the AMI for a minimum of 15 years. Council Packet Page Number 61 of 388 G4, Attachment 2 LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT AFFORDABLE HOMEOWNERSHIP GRANT PROGRAM SUBGRANT AGREEMENT DULUTH STREET DEVELOPMENT This Livable Communities Demonstration Account Affordable Homeownership Grant Program Subgrant Agreement (the “Subgrant Agreement”) is made this ___ day of ___________, 2026 by and between the city of Maplewood (the “City”) and Twin Cities Habitat for Humanity (the “Developer”). WHEREAS, the City encourages the creation of affordable housing by private for-profit and nonprofit developers; and WHEREAS, the Developer proposes to development four new twin home units and one single-family home at the southwest corner of Duluth Street and Edgehill Court East which will be affordable to households at or below 80% of the area median income (the “Duluth Street Development” or the “Project”); and WHEREAS, the City and the Developer identified the Metropolitan Council’s Affordable Homeownership Grant Program of the Livable Communities Demonstration Account (the “Grant Program”) as a potential funding resource for the Project; and WHEREAS, by action on December 3, 2025, Metropolitan Council awarded Grant No. SG-25431 in the amount of $400,000 (the “Grant”) 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 “Grant Agreement”) regarding the Grant for the Project; and WHEREAS, the Grant Agreement includes an expiration date of December 31, 2028 (the “Expiration Date”); and Council Packet Page Number 62 of 388 G4, Attachment 2 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. 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 four new twin home units and one single-family house and site and infrastructure improvements on Duluth Street near its intersection with Edgehill Court East 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 for construction of the four twin home units and 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, 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 (“HUD”) 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, “Indemnified Parties”), 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 Developer’s 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, Council Packet Page Number 63 of 388 G4, Attachment 2 or arising out of the failure of the Developer to keep, observe or perform any of its obligations under this Subgrant Agreement. 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 or extended 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 or terminates the Grant Agreement, the City’s obligation to the Developer under this Subgrant Agreement is automatically similarly limited or terminated. 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 all the homes constructed with Grant funds under this Subgrant Agreement will remain affordable for a minimum period of 30 years. For purposes of this section, “affordable” 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 Council Packet Page Number 64 of 388 G4, Attachment 2 provide information to the City sufficient to verify the income eligibility of the new buyer and compliance with the resale limitations. 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 “commenced” 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 four new twin home units, construction of each structure 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 Developer’s 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: Council Packet Page Number 65 of 388 G4, Attachment 2 “Financing for this project was provided by the Metropolitan Council Metropolitan Livable Communities Fund” 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 Council’s 2040 Water Resources Policy Plan and the City’s 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. ** * * * * * * * * Council Packet Page Number 66 of 388 G4, Attachment 2 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 Council Packet Page Number 67 of 388 G4, Attachment 2 City of Maplewood By: Marylee Abrams, Mayor Date By: Michael Sable, City Manager Date Council Packet Page Number 68 of 388 G4, Attachment 2 Council Packet Page Number 69 of 388 G4, Attachment 2 Council Packet Page Number 70 of 388 G4, Attachment 2 EXHIBIT B \[to be added when available\] Council Packet Page Number 71 of 388 G4, Attachment 2 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 \[FULL LEGAL NAME OF ADDITIONAL BORROWER, if any – delete if N/A\], a \[single/married\] person\] (individually and together, “Borrower”), whose address is \[Street Address\], \[City\], Minnesota, \[ZIP Code\], hereby promises to pay to TWIN CITIES HABITAT FOR HUMANITY, INC., a Minnesota nonprofit corporation (“Lender”), 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) (“Principal”), together with Default Interest (as defined herein) on the unpaid Principal balance as and when set forth herein. 1. SECURED NOTE Borrower’s obligations under this Note are secured by that certain Mortgage dated even herewith (the “Mortgage”) that is being recorded against Borrower’s property located at \[Street Address\], \[City\], Minnesota, \[ZIP Code\] upon real property described in the Mortgage (the “Property”). 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 “Maturity Date”) (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) Borrower’s 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). Council Packet Page Number 72 of 388 G4, Attachment 2 For purposes of this Note, the term “Sale” 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, BORROWER’S 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 “Default Interest”) 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 “Equity-Sharing Fee”) to Lender following Borrower’s 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 “Declaration”). (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 Council Packet Page Number 73 of 388 G4, Attachment 2 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 “First Mortgage Note”) and secured by a mortgage (the “First Mortgage”). 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 attorneys’ 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. Council Packet Page Number 74 of 388 G4, Attachment 2 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. “Presentment” means the right to require the Lender to demand payment of amounts due. “Notice of Dishonor” 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 “Note Holder.” This Note may be modified or discharged only pursuant to a writing duly executed by both Lender and Borrower. 12. NON-RECOURSE LOAN Borrower’s 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 Borrower’s 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 Council Packet Page Number 75 of 388 G4, Attachment 2 documents, or otherwise affect or impair the Lender’s 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. \[The remainder of this page has been left blank intentionally\] Council Packet Page Number 76 of 388 G4, Attachment 2 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 #: ______________ Council Packet Page Number 77 of 388 G4, Attachment 2 \[TOP 3 INCHES ABOVE THIS LINE RESERVED FOR RECORDING DATA\] MORTGAGE THIS MORTGAGE (the “Mortgage”), dated as of ____________, 20__, is given by \[FULL LEGAL NAME OF BORROWER\], a \[single/married\] person, \[and \[FULL LEGAL NAME OF ADDITIONAL BORROWER, if any – delete if N/A\], a \[single/married\] person\] (individually and together, “Borrower”), whose address is \[Street Address\], \[City\], Minnesota, \[ZIP Code\], to TWIN CITIES HABITAT FOR HUMANITY, INC., a Minnesota nonprofit corporation (“Lender”), 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 “Note”) 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 Borrower’s 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 “Mortgaged Premises”). 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 Borrower’s purchase of the Mortgaged Premises. This Mortgage is a purchase-money mortgage. Council Packet Page Number 78 of 388 G4, Attachment 2 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 “extended coverage” 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) days’ 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 “First Mortgage”) executed and delivered on this date by Borrower to _________________ (the “First Lender”) 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 “First Mortgage Note”). 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 (“Permitted Encumbrances”), Borrower will keep the Mortgaged Premises free from all liens (other than liens for taxes, assessments on mechanics’ 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 Council Packet Page Number 79 of 388 G4, Attachment 2 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 mechanic’s lien suit or other proceeding relating to the Mortgaged Premises or to this Mortgage, Borrower shall reimburse Lender for Lender’s reasonable attorneys’ 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 Borrower’s 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 Borrower’s family in compensation for room and board. i.If the Mortgaged Premises is subject to declaration or restrictive covenants (the “Declaration”) for the benefit of a property owner’s association, Borrower shall: (i) timely pay, or cause the payment of, all assessments (if any), levied by the property owner’s 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 Borrower’s 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. Council Packet Page Number 80 of 388 G4, Attachment 2 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 “Garage”), 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 Borrower’s 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 Lender’s 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 Council Packet Page Number 81 of 388 G4, Attachment 2 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 Borrower’s 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 “Assignment”) all leases now or hereafter affecting the Mortgaged Premises (the “Leases”) and all rents and profits due or to become due with respect thereto (the “Rents”), 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 Council Packet Page Number 82 of 388 G4, Attachment 2 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 “Lender-in-possession” of the Mortgaged Premises. 7. Payment by Lender. If Borrower fails to pay taxes and assessments, prior liens or encumbrances, expenses and attorneys’ 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 attorneys’ 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 Lender’s 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 “Event of Default:” 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 Council Packet Page Number 83 of 388 G4, Attachment 2 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 Borrower’s 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 attorneys’ 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 “Habitat Declaration”), 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 Council Packet Page Number 84 of 388 G4, Attachment 2 actually delivered to Borrower’s 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 Premises’ address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower’s change of address. If Lender specifies a procedure for reporting Borrower’s 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 Lender’s 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. Borrower’s 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 Lender’s 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 Council Packet Page Number 85 of 388 G4, Attachment 2 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 Council Packet Page Number 86 of 388 G4, Attachment 2 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 #: ________________ Council Packet Page Number 87 of 388 G4, Attachment 2 EXHIBIT A to MORTGAGE Legal Description of Mortgage Premises: \[Insert\] Council Packet Page Number 88 of 388 G4, Attachment 2 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 lender’s policy of title insurance, if any, obtained by Lender in connection with this Mortgage. Council Packet Page Number 89 of 388 G4, Attachment 2 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (this “Declaration”) is made as of ___________, 20___, by \[FULL LEGAL NAME OF DECLARANT\], a \[single/married\] person, \[and \[FULL LEGAL NAME OF ADDITIONAL DECLARANT, if any – delete if N/A\], a \[single/married\] person\] (individually and together, “Declarant”), in favor of TWIN CITIES HABITAT FOR HUMANITY, INC., a Minnesota nonprofit corporation, and its successors and assigns (“Habitat”). 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 “Property”). 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 Declarant’s purchase of the Property, and/or assisting Declarant with obtaining gap financing from third party sources to be used in connection with Declarant’s purchase of the Property (collectively, the “Habitat Assistance”). C. As a condition to Habitat providing the Habitat Assistance and furthering Habitat’s charitable purpose, Habitat requires Declarant to execute and deliver this Declaration whereby (i) Declarant agrees to use and occupy the Property solely as Declarant’s 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, Declarant’s successors and assigns, and shall inure to the benefit of Habitat and its successors and assigns, as follows: Council Packet Page Number 90 of 388 G4, Attachment 2 1. Definitions. As used in this Declaration, the following capitalized terms shall have the following meanings: a. “Election Notice” shall have the meaning assigned to such term in Section 3.b. of this Declaration. b. “Equity Sharing Fee” shall have the meaning assigned to such term on Exhibit B hereto. c. “Habitat Assistance” shall have the meaning assigned to such term in the Recitals to this Declaration. d. “Loan” or “Loans” shall mean one or more loans from Habitat or its affiliates to Declarant in connection with Declarant’s purchase of the Property. e. “Loan Documents” shall collectively mean any promissory note, mortgage, and any other documents executed in connection with a Loan from Habitat to Declarant. f. “Option Purchase Price” 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. “Property” shall have the meaning assigned to such term in the Recitals to this Declaration. h. “Property Fair Market Value” shall have the meaning assigned to such term in Section 3.c. of this Declaration. i. “Purchase Agreement” shall have the meaning assigned to such term in Section 3.d. of this Declaration. j. “Purchase Option” shall have the meaning assigned to such term in Section 3 of this Declaration. k. “Qualified Buyer” shall have the meaning assigned to such term in Section 3.e. of this Declaration. l. “Sale” shall have the meaning assigned to such term in Section 3 of this Declaration. m. “Sale Notice” 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 Council Packet Page Number 91 of 388 G4, Attachment 2 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 “Sale”) 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 “Purchase Option”). a.If Declarant desires to undertake a Sale of the Property, Declarant shall provide written notice to Habitat (“Sale Notice”) 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 “Election Notice”). 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 “Property Fair Market Value”). 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 Habitat’s receipt of any appraisal that has accurately determined the Property Fair Market Value in Habitat’s 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 “Purchase Agreement”) 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. Council Packet Page Number 92 of 388 G4, Attachment 2 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 buyer’s primary residence (a “Qualified Buyer”). 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 Habitat’s 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 Declarant’s 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. Council Packet Page Number 93 of 388 G4, Attachment 2 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 Habitat’s right to enforce that violation at any later time. Declarant shall be responsible for any and all reasonable attorneys’ 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. Council Packet Page Number 94 of 388 G4, Attachment 2 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. \[Signature Page Follows\] Council Packet Page Number 95 of 388 G4, Attachment 2 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 Council Packet Page Number 96 of 388 G4, Attachment 2 EXHIBIT A Legal Description of the Property \[Insert legal description\] Council Packet Page Number 97 of 388 G4, Attachment 2 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 “Equity Sharing Fee” 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. Council Packet Page Number 98 of 388 G5 CITY COUNCIL STAFF REPORT Meeting Date August 24, 2026 REPORT TO: Michael Sable, City Manager REPORT FROM: Michael Martin, Assistant Community and Economic Development Director PRESENTER:Danette Parr, Community and Economic Development Director AGENDA ITEM: Century Ponds Second Addition, 601 Century Avenue South a.Final Plat Resolution b.First Amendment to Planned Unit Development Agreement Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Summary: The city council is requested to approve the final plat for the Century Ponds Second Addition, which will create 14 additional single-family lots on Outlots G and J of the original plat, and a First Amendment to the Planned Unit Development Agreement with Century Ponds of MN LLC. Recommended Action: a.Motion to approve the final plat resolution to authorize the Century Ponds Second Addition for 14 single-family homes at 601 Century Avenue South. b.Motion to approve a First Amendment to the Planned Unit Development Agreement with Century Ponds of MN LLC. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $0. Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: All necessary improvements for the streets, utilities and homes will be constructed and funded by the Developer. Strategic Plan Relevance: Safety Sustainability Development Promote residential development and thoughtful redevelopment This development will provide additional housing opportunities in the city and redevelop a vacant golf course site. Council Packet Page Number 99 of 388 G5 Background: Final Plat – Century Ponds Second Addition The Century Ponds Second Addition final plat subdivides Outlots G and J, which were retained as outlots in the first-phase final plat for future platting. The applicants have submitted the required documentation for final plat approval, including a title commitment for the property at 601 Century Avenue South. The city attorney reviewed the title commitment and submitted the attached plat opinion letter. The plat opinion letter details minor modifications needed on the plat prior to the city signing the final plat for recording. The city’s engineering and environmental staff have also reviewed the final plat plans submitted by the applicant and found them to be consistent with the conditions of approval for the Century Ponds development and other city requirements. First Amendment to Planned Unit Development Agreement On April 13, 2026, the city and Century Ponds of MN LLC executed a Planned Unit Development Agreement. The agreement governs the public and private improvements to be constructed within the Century Ponds subdivision and establishes the conditions that must be met. The city council is being asked to approve a first amendment to the agreement to reflect the addition of the Century Ponds Second Addition to the subdivision and to update several administrative provisions. The first amendment agreement removes language that limited the Public Improvements and Private Improvements under the agreement to the first phase of the subdivision, so that the agreement now applies to the full subdivision, including the second addition. The first amendment also updates the list of city resolutions incorporated into the agreement as the "City Approvals" to include the resolution approving the Century Ponds Second Addition final plat, and updates Exhibit B to add the engineering and construction plans approved for the Second Addition. It also adds a new Exhibit G, Single Family Façade Illustrations, and amends the Homeowners’ Association section of the Agreement so that all single-family homes built within the subdivision must meet the design and materials shown in Exhibit G. Except as modified by the first amendment, the original agreement remains valid and binding, and all other terms and conditions of the agreement remain unchanged. Previous Actions On October 27, 2025, the city council approved a planned unit development for a residential development consisting of 133 detached single-family homes and 73 townhouse units on the former Battle Creek golf course, located in the southwest quadrant of Lower Afton Road East and Century Avenue South. On March 9, 2026, the city council approved the final plat for the first phase of the project, consisting of 84 single-family homes and 34 townhomes. Attachments: 1. Final Plat Resolution 2. First Amendment to the Planned Unit Development Agreement 3. Final Plat 4. Plat Opinion Letter 5. August 10, 2026, Environmental Review Council Packet Page Number 100 of 388 G5, Attachment 1 FINAL PLAT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Century Ponds of MN LLC has requested approval of a final plat for Century Ponds Second Addition, where 14 single-family lots will be created on Outlots G and J of the original Century Ponds plat. 1.02 This final plat applies to the property at 601 Century Avenue South in Maplewood, Minnesota. 1.03 The property for the Century Ponds plat is legally described as: Outlots G and J, Century Ponds, Ramsey County, Minnesota. Abstract Property Section 2. Final Plat Standards 2.01 City ordinance requires that subdivisions and platting be subject to the procedures and application requirements established in Chapter 34 - Subdivisions of the Maplewood City Code. Section 3. Findings 3.01 The proposal meets the specific platting standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this final plat request. 1. On September 16, 2025, the planning commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the preliminary plat. 2. On October 27, 2025, the city council discussed the preliminary plat. They considered reports and recommendations from the planning commission and city staff and approved the Century Ponds preliminary plat. 3. On August 24, 2026, the city council reviewed the Century Ponds Second Addition final plat. Section 5. City Council 5.01 The above described Century Ponds final plat is ________ based on the findings outlined in section 3 of this resolution. Approval is subject to, and only effective upon, the following conditions: Council Packet Page Number 101 of 388 G5, Attachment 1 1.All conditions of the Preliminary Plat approval shall remain in full force and effect. 2.Plat approval and release shall be conditional on adherence to all requirements of the city attorney, including, but not necessarily limited to, any express requirements contained in the city attorney’s plat opinion. 3.Prior to the City signing the final plat for recording, the applicant must submit the following: a.The First Amendment to the Planned Unit Development Agreement shall be fully executed prior to the release of the Final Plat for recording. b.Applicant shall submit payment of all costs associated with the Century Ponds Second Addition final plat application. c.Plans must meet the requirements of August 10, 2026, Environmental Review. d.Plans must meet the requirements of February 23, 2026, Engineering Review. Council Packet Page Number 102 of 388 G5, Attachment 2 Execution Copy FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MAPLEWOOD AND CENTURY PONDS OF MN LLC FOR CENTURY PONDS This document drafted by: Kennedy & Graven, Chartered 150 South Fifth Street Suite 700 Minneapolis, MN 55402 (612)337-9300 (RHB) Council Packet Page Number 103 of 388 G5, Attachment 2 FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT This First Amendment to Planned Unit Development Agreement (the “First Amendment”) is made this ____ day of ___________________, 2026, by and between the city of Maplewood, a municipal corporation under the laws of Minnesota (the “City”) and Century Ponds of MN LLC, a Minnesota limited liability company, (the “Developer”) each a “Party” and, collectively, the “Parties”. RECITALS WHEREAS, the City and the Developer previously entered into a Planned United Development Agreement (the “Agreement”) dated April 13, 2026, and which was recorded on April 16, 2026 as doc. no. A05103600 in the office of the County Recorder in Ramsey County, Minnesota, concerning the property legally described on Exhibit A, attached hereto; and WHEREAS, the City and the Developer wish to modify the Agreement as provided in this First Amendment. AGREEMENT In consideration of the promises made between the City and the Developer, the Parties agree to amend the Agreement by adding the double underlined and deleting the stricken material as follows: 1. The Table of Contents is modified to add reference to a new Exhibit G as follows: Exhibit G Single Family Façade Illustrations. 2. Section 1 Right to Proceed is amended to delete the strickenmaterial as follows: 1. Right to Proceed. Subject to execution of this Agreement and recording the final plat of Century Ponds, the Property has been zoned PUD-01 Century Ponds and may be developed with no more than 133 detached single-family residential dwellings and 73 townhouse units. The plat of Century Ponds pertains to all ofthe Property but the Public Improvements and Private Improvements, as hereinafter defined, provided for in this Agreement are only in regard to the first phase of the Subdivision. Subdivision Improvements required for future phases will be the subject of one or more subsequent agreements. The Developer may not construct public or private improvements or any buildings within the Subdivision until all the following conditions precedent have been satisfied: a) the final plat of Century Ponds has been filed with Ramsey County; b) this Agreement has been executed by the Developer and the City; c) the required Letter of Credit (as hereinafter defined) has been received by the City from or on behalf of the Developer; Council Packet Page Number 104 of 388 G5, Attachment 2 d) final engineering and construction plans in digital form regarding the Subdivision Improvements (as hereinafter defined) have been submitted by the Developer and approved by the City engineer; e) the Developer has reimbursed the City for all legal, engineering and administrative expenses incurred to date by the City regarding the Subdivision and has deposited with the City the additional inspection escrow required by this Agreement; f) the Developer and the City have entered into a Stormwater Maintenance Agreement substantially in the form attached hereto as Exhibit C; g) the Developer has submitted the storm sewer improvement tax district disclosure statement required by this Agreement; h) the Developer has provided to the City a warranty deed for Outlot K as required this Agreement; i) the Developer has submitted and the City has approved the certified grading plan for the over-all design prior to issuance of the Phase II grading permit being issued; j) the Developer and the City have entered into a Private Road Agreement substantially in the form attached hereto as Exhibit F; k) the Developer has received and submitted to the City all required permits from Ramsey County, the Ramsey-Washington Metro Watershed District, the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, Saint Paul Regional Water Services, the city of Woodbury, Washington County and the Metropolitan Council necessary to complete the Subdivision Improvements; l)the Developer has obtained all required permits from the City and is in compliance with the City Approvals; m)the Developer and the City have executed a Conservation Easement in the form attached hereto as Exhibit E; n) all erosion control measures are in place and inspected; o) the Developer and the City have agreed on a construction management plan and the Developer’s engineer has initiated and attended a preconstruction meeting with the City engineer and staff; and p) the City has issued a notice that all conditions precedent have been satisfied and that the Developer may proceed to construct the improvements contemplated by this Agreement. 3. Section 2a) Plans, Improvements, Subdivision Density is amended to add the double underlined material as follows: a) The Developer agrees to develop the Subdivision in accordance with the PUD-01 General Plan, City Ordinance No. 25-1055 and the terms and conditions of City resolutions 25- 10-2436; 25-10-2437; 25-10-2439; 25-10-2440, 26-10-2441 and ______________(collectively, the “City Approvals”) and this Agreement. The City Approvals are hereby incorporated by reference into this Agreement and made a part hereof. In the event of a conflict between the terms of the City Approvals and this Agreement, this Agreement shall control. The Developer also agrees to construct all required private and public improvements within the Subdivision in accordance Council Packet Page Number 105 of 388 G5, Attachment 2 with the approved engineering and construction plans (collectively, the “Plans”). The documents which constitute the Plans are those on file with and approved by the City and are listed on Exhibit B attached hereto and Exhibit B to this First Amendment. The Plans may not be modified by the Developer without the prior written approval of the City. 4. Section 13 Homeowners’ Association is amended to be entitled Homeowner’s Association and Single Family Design Guidelines and a new subsection b) is added as follows: b) The Developer has submitted plans for the single-family homes within the Subdivision. The plans are attached hereto as Exhibit G. All single-family homes built within the Subdivision must meet the design and materials included in these plans. 5. Exhibit B of the Agreement is modified to include the Plans in Exhibit B attached hereto. 6. A new Exhibit G is added to the Agreement in accordance with Exhibit C attached hereto. 7. Except as modified by this First Amendment, the Agreement is confined by the Parties and continues to be valid and binding. In case of any conflict between this First Amendment and the Agreement, the terms of this First Amendment will control. 8. This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all such counterparts together shall constitute one and the same document. * * * * * * * Council Packet Page Number 106 of 388 G5, Attachment 2 IN WITNESS WHEREOF, the City and the Developer have executed this First Amendment as of the day and year first above written. CITY OF MAPLEWOOD By: Marylee Abrams, Mayor By: Michael Sable, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) The foregoing instrument as acknowledged before me this _____ day of ____________, 2026, by Marylee Abrams, the Mayor of the City of Maplewood, a municipal corporation under the laws of Minnesota, on behalf of the City. ____________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) The foregoing instrument as acknowledged before me this _____ day of ____________, 2026, by Michael Sable, the City Manager of the City of Maplewood, a municipal corporation under the laws of Minnesota, on behalf of the City. ____________________________________ Notary Public Council Packet Page Number 107 of 388 G5, Attachment 2 CENTURY PONDS OF MN LLC By: ___________________________ Lori L. Krueger-Kopischke, Treasurer STATE OF ___________ ) ) ss. COUNTY OF _________ ) The foregoing instrument was executed before me this _____ day of _______________, 2026, by Lori L. Krueger-Kopischke, the Treasurer of Century Ponds of MN LLC, a Minesota limited liability company, on behalf of the company. ____________________________________ Notary Public Council Packet Page Number 108 of 388 G5, Attachment 2 EXHIBIT ATO FIRST AMENDMENT Legal Description of Property Lots 1 through 18, Block 1; Lots 1 through 8, Block 2; Lots 1 through 11, Block 3; Lots 1 through 13, Block 4; Lots 1 through 17, Block 5; Lots 1 through 17, Block 6; Lots 1 through 23, Block 7; Lots 1 through 13, Block 8; and Outlots A, B, C, D, E, F, G, H, I, J and K, CENTURY PONDS, and Lots 1 through 5, Block 1; and Lots 1 through 9, Block 2, Century Ponds Second Addition, All in Ramsey County, Minnesota Council Packet Page Number 109 of 388 G5, Attachment 2 EXHIBIT B TOFIRST AMENDMENT List of Plan Documents The following documents prepared by Alliant Engineering and dated July 7, 2026, constitute the Plans: Sheet 1: Cover Sheet Sheets 2-4: Standard Details Sheet 5: Site Plan – Overall Sheet 6: Site Plan – View A Sheet 7: Site Notes and Details Sheet 8: Grading and Drainage Plan – Overall Sheet 9: Grading and Drainage Plan – View A Sheet 10: Erosion and Sediment Control Plan – Overall Sheet 11: Erosion and Sediment Control Plan – View A Sheet 12: Erosion and Sediment Control Notes and Details Sheet 13: Stormwater Pollution Prevention Plan Notes Sheet 14: Sanitary Sewer and Watermain Plan – Overall View Sheet 15: Sanitary Sewer and Watermain Plan and Profiles Sheet 16: Street and Storm Sewer Plan – Overall View Sheet 17: Street and Storm Sewer Plan and Profiles Sheet 18: Street Intersection Details Sheet 19: Overall Landscape Plan Sheet 20: Landscape Plan – View A Council Packet Page Number 110 of 388 G5, Attachment 2 EXHIBIT C TOFIRST AMENDMENT Council Packet Page Number 111 of 388 G5, Attachment 2 Council Packet Page Number 112 of 388 G5, Attachment 2 Council Packet Page Number 113 of 388 G5, Attachment 2 Council Packet Page Number 114 of 388 G5, Attachment 2 Council Packet Page Number 115 of 388 G5, Attachment 2 Council Packet Page Number 116 of 388 G5, Attachment 2 Council Packet Page Number 117 of 388 G5, Attachment 2 Council Packet Page Number 118 of 388 G5, Attachment 2 Council Packet Page Number 119 of 388 G5, Attachment 2 Council Packet Page Number 120 of 388 G5, Attachment 2 Council Packet Page Number 121 of 388 G5, Attachment 2 Council Packet Page Number 122 of 388 G5, Attachment 2 Council Packet Page Number 123 of 388 G5, Attachment 2 Council Packet Page Number 124 of 388 G5, Attachment 2 Council Packet Page Number 125 of 388 G5, Attachment 2 Council Packet Page Number 126 of 388 G5, Attachment 2 Council Packet Page Number 127 of 388 G5, Attachment 2 Council Packet Page Number 128 of 388 G5, Attachment 2 Council Packet Page Number 129 of 388 G5, Attachment 2 Council Packet Page Number 130 of 388 G5, Attachment 2 Council Packet Page Number 131 of 388 G5, Attachment 2 Council Packet Page Number 132 of 388 G5, Attachment 2 Council Packet Page Number 133 of 388 G5, Attachment 2 Council Packet Page Number 134 of 388 G5, Attachment 2 Council Packet Page Number 135 of 388 G5, Attachment 2 Council Packet Page Number 136 of 388 G5, Attachment 2 Council Packet Page Number 137 of 388 G5, Attachment 2 Council Packet Page Number 138 of 388 5, Attachment 3 E " 3 4 7 2 '. 1 9 1 4 ° 7 0 .2 3 7 1 6 W " =1°44'15" 2 N 2 ' 8 R=120.00L=3.64 0 C.Brg=S78°38'52"EC=3.64 ° 4 2 N 0 0 . 0 3 0 1 0 . 0 5 06 W . 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N 1 3 ° E 30 9 7 5 "° 5 6 .W 20.48 0° 8 48" 7= 5. 0 9 2 51 '667 0 Ћ 2 3 ' = 1 0S9 .L3 . 6 2 55 2"° ° 6 0 5 4 S 5 0 3 ' 1 3 N 0 " N E 0 "8 8 Ћ ° 4 0 N06°44'14"E 4 . ' 0W ' 0 4 " 7 0 1 0 0 3 1 5 055 .3 °. 0 517.35 ' .° 80 11 0 48 0 8 4 0 S Њ 0 6 6= 0= °3 6 6.= 5 1 L 5 .== 6 L 67 . 1 1 S R 5 3 S 1 4°20 0 24'4 1 E" .74 1 "81 6 3 . E 6 "3 W'3 9 "5 . 03 W 3 11 "05 ' . 15 0 0 1 '1 4 5° ' 6 8 5 6 5 3 = 0 ° 0° 3 . L4 1 °8 6 4 W 5 8 6 4= S" Њ 2 4 S. 3 S 6 4 1 ' 0 1 15 . 9 3 4 1° W6 " 3 7 1 ' 7 1 N ° 5 2 S E " E " 8 7 8 1 2 ' 6 2 '7. 1 . 15 2 6 2°4 °3 52 2 5 3 3 N N =2°02'59" " 431 39. L=3.76 2 =5°47'28" 9 2 =5°47'28" 45S' '83° E"23 R=165.00L=16.68 0 R=105.00L=10.61. 4 5 1 °16.03 9 5 =1 5S 83°4 23' E" L = L=6.86 E =3°44'29" E " " L=1.59 6 6 1 5 1=0°33'06" ' 5 3 ' 0 . 8 . 8 7 0 6 0 ° 3 ° 9 1 1 1 1 4 4 N N rect CENTURY PONDS SECOND ADDITON Manager ________________________________ ________________________________, Ramsey County Auditor/Treasurer Abstract Property. Outlots G and J, Century Ponds, Ramsey County, Minnesota. water services for the Board of Water Commissioners of the City of Saint Paul as created by this plat.Signed: Century Ponds of MN LLC_____________________________________________________, Chief ManagerSTATE OF MINNESOTACOUNTY OF ____________________The foregoing instrument was acknowledged before me this ______________ day of _____________________, 20______, by Nathan Fair, Chief Manager of Century Ponds of MN LLC, a Minnesota limited liability company, on behalf of the company.________________________________________________Signature_____________________________ ___________________ KNOW ALL PERSONS BY THESE PRESENTS: That Century Ponds of MN LLC, a Minnesota limited liability company, owner of the following described property situated in the City of Maplewood, County of Ramsey, State of Minnesota:Has caused the same to be surveyed and platted as CENTURY PONDS SECOND ADDITION and does hereby dedicate to the public for public use the public ways, the drainage and utility easements, and the perpetual easements for municipalIn witness whereof said Century Ponds of MN LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this _________ day of _____________________, 20_____.Printed NameNotary Public, __________________ County, MinnesotaMy Commission Expires __________________________ ____________________________________The foregoing Surveyor's Certificate was acknowledged before me this ______________ day of _____________________, 20______, by Daniel W. Skinner, Licensed Land Surveyor.________________________________________________________________________________________________We do hereby certify that on the ______ day of ________________, 20___, the City Council of the City of Maplewood, Minnesota, approved this plat. Also, the conditions of Minnesota Statutes Section 505.03, Subd. 2 have been fulfilled.______________________________ ____________________________________, _______, _______, _______, and _______, as Document Number _________________________.____________________________________ SURVEYOR'S CERTIFICATEI, Daniel W. Skinner, Licensed Land Surveyor, do hereby certify that I have surveyed or directly supervised the survey of the property described on this plat; prepared this plat or directly supervised the preparation of this plat; that this plat is a correpresentation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been or will be correctly set within one year; that all water boundaries and wet lands, asdefined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of the surveyorÔs certification are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this ________ day of _________________, 20___.Daniel W. Skinner, Licensed Land SurveyorMinnesota License No. 40827STATE OF MINNESOTACOUNTY OF _____________________SignaturePrinted NameNotary Public, __________________ County, MinnesotaMy Commission Expires __________________________CITY COUNCILCITY OF MAPLEWOODMayorPROPERTY TAX, RECORDS AND ELECTION SERVICES DEPARTMENTPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year _______ on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transferentered this ______ day of _______________, 20___.By __________________________________________, DeputyCOUNTY SURVEYORPursuant to Minnesota Statutes, Section 383A.42, this plat is approved this ______ day of __________, 20___.Daniel D. Baar, L.S,Ramsey County SurveyorCOUNTY RECORDER, COUNTY OF RAMSEY, STATE OF MINNESOTAI hereby certify that this plat of CENTURY PONDS was filed in the office of the County Recorder for public record on this ______ day of ____________________, 20___, at _____ oÔclock ___.M. and was duly filed in Book ________________ of Plats, PagesDeputy County Recorder Council Packet Page Number 139 of 388 G5, Attachment 4 Council Packet Page Number 140 of 388 G5, Attachment 4 Council Packet Page Number 141 of 388 G5, Attachment 4 Council Packet Page Number 142 of 388 G5, Attachment 4 Council Packet Page Number 143 of 388 G5, Attachment 5 Environmental Review Project: Century Ponds Location: 601 Century Avenue nd Date of Plans: August 10, 2026 Century Ponds 2 Add. Landscape Plan May 7, 2026, Landscape Plan May 7, 2026, Townhouse Conservation Easement Signage Plan April 20, 2026, landscape/tree plan April 14, 2026, Conservation Easement Signage Plan April 6, 2026, Stewardship Plan March 13, 2026, Landscape, Seeding, Tree Preservation Plans Date of Review: August 12, 2026 Reviewer: Shann Finwall, Sustainability Coordinator (651)249-2304, shann.finwall@maplewoodmn.gov Background: DR Horton is proposing to redevelop the former Ramsey County Ponds golf course. The proposed project includes the construction of new single-family residential housing and townhomes. There are significant trees and wetlands located on the property. The proposal must comply with the CityÓs tree and wetland ordinances, and landscape and nd stormwater planting policies. Century Ponds 2 Addition Plat Î environmental review conditions that have been met are crossed out, new information is underlined, and items still needed remain as standard text. Trees: 1.Tree Preservation Ordinance: a.Significant Trees: MaplewoodÓs tree preservation ordinance describes a significant tree as a healthy tree as follows - hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. b.Specimen Trees: A specimen tree is defined as a healthy tree of any species which is 28 inches in diameter or greater. c.Tree Replacement: Tree replacement is based on a calculation of significant trees located on the parcel and significant trees removed. Credits are given for all specimen trees that are preserved. 2.Tree Impacts and Replacement Requirements: The tree preservation plan shows 325 360 significant trees equaling 5,164 5,582 diameter inches on the 1 Council Packet Page Number 144 of 388 G5, Attachment 5 site, which includes 622 652 diameter inches of specimen trees over 28 inches in size. The applicant is proposing to remove 129 94 significant trees equaling 1,970 2,117 diameter inches, which is 38 percent of the tree coverage on the site. Based on the CityÓs tree preservation ordinance tree replacement calculation, the applicant is required to replace 225 243 caliper inches of replacement trees, which equals 113 122 Î 2 caliper inch trees. 3.Tree Replacement: The landscape plan includes 331 326 new trees, for a total of 937.5 925 caliper inches, which exceeds the tree replacement requirements of 225 243 caliper inches. Tree replacement for most of the single-family lots will include one tree in the back yard and one tree in the front yard, within the right- of-way. 4.Tree Recommendations: a.Prior to issuance of a Phase I Tree Removal Grading Permit the applicant must submit and complete the following: 1)Tree Inventory and Tree Preservation Plans: A revised tree inventory and tree preservation plan with the following changes: a)Identification of all trees that are dead or unhealthy, and indicating whether those trees are included in the tree calculation or removed from the calculation by the CityÓs tree ordinance. b)Identification of all specimen trees and whether those trees will be removed or saved. The current plan identifies most of the specimen trees with an asterisk, however, some trees over 28 inches in diameter are not called out as specimen trees. c)Updated tree replacement calculation as needed based on the above-mentioned corrections. 2)Tree Protection Plan: In addition to the tree protection fence detailed in the tree preservation plan, the developer must submit an overall tree protection plan that identifies how trees being preserved will be protected per the CityÓs tree ordinance and standards during development. 3)Tree Removal Plan: Submit a tree removal schedule which is mindful of the Northern Long-Eared Bat inclusive dates of November 15 to March 31, completing tree removal during this timeframe. 4)Additional Tree Planting: While the development meets the CityÓs tree replacement requirements, it is a large development adjacent residential property. As such, additional tree planting should take place in the following key areas (dependent on existing trees to be 2 Council Packet Page Number 145 of 388 G5, Attachment 5 preserved). The updated tree planting plan is needed to determine tree escrow prior to Phase I Tree Removal Grading Permit: a.Outlot A Î on the west side of the filtration basin (Pond 1). b.Trails Î along the existing and newly established trails. nd c.Outlet B (Park) Î The August 10, 2026, 2 Addition landscape plan identifies tree planting in the park. However, the final park design and landscape plan will be approved with the park development. The City is not nd approving the park landscape plan included in the 2 Addition plat submittal at this time. There is one tree proposed in the internal section of the park, and five trees along the cul-de-sac. There is an opportunity for additional trees throughout the internal section of the park, especially on the south side of the park to help shade the site in the future. d.Townhouse and park parking areas Î Addition of trees (and other landscaping) to prevent vehicle headlights from being directed into windows. 5)Surety: A cash escrow to cover the cost of replacement trees equal to $60 per caliper inch of trees on the approved landscape plan. The surety will be refunded once all trees are planted with a one-year warranty. The January 16, 2026, landscape plan identifies 925 caliper inches of replacement trees, which would be $55,500. b.Prior to the issuance of a Phase II Grading Permit the applicant must submit the following: 1)Landscape Plan: A revised landscape plan with the following tree changes: a)Make the following tree species changes: 1.Reduce the number of spruce species. Spruce is an overabundant species within the City of Maplewood. Substitute a portion of the spruce species with other conifers such as white pine, ponderosa pine, Tamarack, or Douglas fir. b)Existing Trees to be Preserved Section: Show all existing trees to be preserved on the landscape plan. The January 16, 2026, landscape plan show small dots for existing trees, but does specify if those are all the trees that will be preserved and the size and species of the trees. 2)Tree Maintenance and Replacement Plan: The Landscape Plan shows replacement trees being planted within the single-family 3 Council Packet Page Number 146 of 388 G5, Attachment 5 home rights-of-way. The developersÓ agreement should include a requirement that the homeownerÓs association be responsible for the maintenance and replacement of the trees in the right-of-way. 3)Surety: A cash escrow or letter of credit as required by the Planning Department to cover the cost of the landscaping. Wetlands: 1.Wetland Ordinance: a.Wetlands on Site: The November 17, 2023, wetland delineation report identified 14 wetlands. After review by the Ramsey-Washington Metro Watershed District six of those wetlands were deemed incidental, and eight were classified as jurisdictional wetlands. Of the jurisdictional wetlands five were upgraded from the CityÓs previously classified Manage C to Manage B wetlands, and three remained Manage C wetlands. Additionally, there is a Manage A wetland located within the St. Paul Police Training site located to the west of Century Ponds that will impact development on the Century Ponds site. The CityÓs wetland ordinance requires that no grading, mowing, or building take place within the required wetland buffers as follows: Manage A: 100-foot average, and 75-foot minimum wetland buffer Manage B: 75-foot average, and 50-foot minimum wetland buffer Manage C: 50-foot minimum wetland buffer Storm Ponds: 10-foot setback to structures b.Wetland Buffer Averaging: The wetland ordinance allows flexibility in instances where, because of the unique physical characteristics of a specific parcel of land, the averaging of buffer width for the entire parcel may be necessary to allow for the reasonable use of the land during a development or construction project. The wetland ordinance allows encroachments to a Mange A wetland within 75 feet and a Manage B wetland within 50 feet of the wetland edge if the buffer width will be compensated for by increased buffer widths elsewhere in the same parcel to achieve the required average buffer width. c.Wetland Buffer Averaging and Variance Assessment: Wetland buffer averaging and wetland buffer variances are allowed based on an assessment of the following: 1)Undue hardship would arise from not allowing the average buffer, or would otherwise not be in the public interest. 2)Size of parcel. 3)Configuration of existing roads and utilities. 4)Percentage of parcel covered by wetland. 4 Council Packet Page Number 147 of 388 G5, Attachment 5 5)Configuration of wetlands on the parcel. 6)Averaging will not cause degradation of the wetland or stream. 7)Averaging will ensure the protection or enhancement of portions of the buffer which are found to be the most ecologically beneficial to the wetland or stream. 8)A wetland buffer mitigation plan is required for construction of development projects that will require averaging or wetland buffer variances. In reviewing the mitigation plan, the City may require one or more of the following actions: a)Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. b)Rectifying the impact by repairing, rehabilitating, or restoring the buffer. c)Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. d)Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. e)Monitoring the impact and taking appropriate corrective measures. f)Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the city before planting. g)Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. h)A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of 150 percent of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. 2.Wetland Impacts: Of the nine wetlands on site or adjacent Century Ponds, eight wetland buffers will be impacted due to grading on the site, requiring wetland buffer variances as follows: 5 Council Packet Page Number 148 of 388 G5, Attachment 5 Wetland Wetland Required Required Trail Impacts Wetland No. Classification Linear Area to Wetland Buffer Area Wetland Wetland Buffer (public Variance Buffers Buffers trails allowed Request in wetland (includes site buffers) grading and townhome patio/yard area impacts) 5 C 50 FT 33,381 SF 5,377 SF 0 SF 6 B 75 FT 77,761 SF 9,046 SF 8,375 SF 9 B 75 FT 18,751 SF 4,968 SF 0 SF 10 B 75 FT 70,416 SF 0 SF 1,562 SF 11 B 75 FT 148,255 SF 19,162 SF 14,739 SF 12 B 75 FT 239,874 SF 32,701 SF 17,007 SF 13 C 50 FT 18,912 SF 8,166 SF 17,827 SF 14 C 50 FT 63,135 SF 0 SF 16,139 SF OFFSITE A 100 FT 107,029 SF 0 SF 3,504 SF TOTAL 777,514 SF 79,420 SF 79,153 SF In addition to encroachments by the development grading, the townhouse patios and yard areas and neighborhood trails will impact the wetland buffers as follows: a.Townhouse Patio and Yard Areas: Several of the townhouse patios will encroach into the wetland buffers. To ensure these homes have a small, manicured yard behind their homes and patios, staff recommend a 15- foot strip of grass on the back side of the buildings. This will create a useable lawn area to access the back of the buildings and patios. These impacts are included in the wetland buffer area variance request column above. b.Trails: There are existing paved golf cart trails throughout the site, including within the CityÓs required wetland buffers. The trails will be used as walking and biking trails in the new development. Some of the trails will be removed and rerouted, and additional trail links will be added. The wetland ordinance allows for public trails in wetland buffers if they are designed and constructed with sustainable design methods. To achieve this, City staff recommends a five-foot strip of grass adjacent new and existing trails outside of the wetland buffers, and a 5-foot strip of grass plus a 10-foot strip of native plantings adjacent new and existing trails within the wetland buffers. This will allow for maintenance adjacent the trails, while allowing stormwater runoff to filter into the native plants prior to entering the wetland. These impacts are outlined in the trail impacts to wetland buffer column above. 3.Wetland Buffer Recommendations: a.Prior to the issuance of a grading permit the applicant must submit the following: 6 Council Packet Page Number 149 of 388 G5, Attachment 5 1)Grading Plan: a)Detail erosion control plan measures for all grading within wetland buffers to ensure no pollutants alter the water chemistry of the wetland. 2)Stewardship Plan: a)Review of the March 20, 2026, Stewardship Plan by Brandon Bohks, CMWP, Natural Resources Project Manager, Bolten and Menk, to ensure compliance with his February 26, 2026, Century Ponds Development Natural Resources Review. b)Update the plan to note that the City of Maplewood requires a prescribed burn permit in addition to the Department of Natural Resources. c)Use the chemical herbicide triclopyr for buckthorn management instead of glyphosate. Triclopyr is more effective to eliminate buckthorn and the Department of Natural Resources is promoting the use of triclopyr over glyphosate for buckthorn management. d)Wetland A Mitigation Details: Coordinate with the St. Paul Police Training facility on wetland buffer mitigation strategies for Wetland A. e)Interpretive Sign Plan: Plan with the proposed location of at least four interpretive signs throughout the Century Ponds neighborhood to include one or more of the following site-specific subjects: wetlands, natural resources, wildlife habitat, pollinators, history. Final sign design, size, and locations to be approved by City staff. f)Conservation Easement Sign Plan: Identify the location of City-approved conservation easement signs to be installed along the conservation easement. The signs should be placed every 100 feet at a minimum. g)Conservation Easement/Wetland Buffer Demarcation Plan for High-Traffic Areas: Identify areas around the approved conservation easement/wetland buffers where there are high traffic areas, such as behind the townhome patios and lawn areas, and how those wetland buffers can be protected with strategies such as fencing, additional signage, or landscaping. h)Conservation Easement Sign Installation: Install the Conservation Easement signs that specify that no building, mowing, cutting, grading, filling or dumping are allowed 7 Council Packet Page Number 150 of 388 G5, Attachment 5 within the easement (which includes all established wetland buffers). 3)Surety: A cash escrow or letter of credit to cover 150 percent of the wetland buffer mitigation. The City will retain the surety for up to three years as outlined in the maintenance agreement to ensure the wetland buffer mitigation and plantings are established and maintained. Landscape Policies and Recommendations: Review of the overall landscape plan to ensure nonnative and invasive species are avoided, seed mix is appropriate for use in areas proposed, and plantings are climate resilient. 1.Prior to the issuance of a grading permit the applicant must submit the following: a.Revised landscape plans for the following areas: 1)SullivantÓs Milkweed: Identify on the landscape plans how the developer will coordinate with the Department of Natural Resources with further information about the location and number of SullivantÓs Milkweed present on the site to discuss approved avoidance measures and/or the need for a Permit to Take. 2)Park Landscape Plan: Final landscape plans for the new park to be reviewed and approved as part of the CityÓs park development process. At a minimum tree planting within the park should include all trees proposed on the August 22, 2025, landscape plan, plus additional trees as determined through the review process. 3)Single-Family and Townhome Landscape Plans: a)Foundation planting plans for each single-family home and townhome to include a mix of perennials. b)Landscape plans showing the use of energy conservation planting strategies, such as vegetation that provides shade to east and west-facing windows while avoiding shade to south-facing windows to maximize solar exposure during the winter and minimize solar exposure in the summer. Stormwater Basin Recommendations Several stormwater ponds and filtration basins are proposed throughout the development. The stormwater ponds and filtration basins are required to be planted, ideally with deep-rooted native plants. The City requires a portion of the basin to be planted rather than seeded; typically, a minimum of 5,000 square feet of plantings are required in large basins. Using plants rather than seed hastens establishment and provides a better chance of successful establishment. Basin bottoms and lower elevations almost never establish successfully from seed since the seed is washed away when stormwater flows into the basin. 8 Council Packet Page Number 151 of 388 G5, Attachment 5 1.Prior to the issuance of a grading permit the applicant must submit the following: a.Revised landscape plan that shows a detailed planting plan for each pond and filtration basin to include a mix of native plugs and seed. The landscape plans on page 72 through 74 identify seed mix and plugs, but there is no detail on the seed mix, number, size, and species of plugs to be planted in the ponds and filtration basins. 9 Council Packet Page Number 152 of 388 I1 CITY COUNCIL STAFF REPORT Meeting Date August 24, 2026 REPORT TO: Michael Sable, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER:Danette Parr, Community and Economic Development Director AGENDA ITEM: Saint Paul Police Training Facility, 2621 Linwood Avenue East a.Conditional Use Permit Resolution b.Design Review Amendment Resolution Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Summary: On June 23, 2025, the city council approved plans for the Saint Paul Police Department to rebuild its training facility at 2621 Linwood Avenue East. The facility has not been built, the approved CUP has since expired, and the applicant submitted revised plans reducing the building's size from 3,196 to 1,224 square feet. The council reviewed these plans on June 8, 2026, and moved to extend the application review, requesting additional information from the applicant. The applicant provided documents in response to the council’s request, attached to this report. To move forward with the proposal, the applicant requests approval of a conditional use permit (CUP) and design review amendment. Findings of Fact Staff prepared resolutions recommending approval of the conditional use permit and design review amendment. If the city council makes a different decision on these resolutions, it must state the reasons for that decision based on the standards and required findings outlined in the resolutions. Draft resolutions denying the conditional use permit and the design review amendment have also been prepared for the council’s consideration. Recommended Action: a.Motion to approve a conditional use permit resolution for constructing a training facility at 2621 Linwood Avenue East, subject to certain conditions of approval. b.Motion to approve a design review amendment resolution for constructing a training facility at 2621 Linwood Avenue East, subject to certain conditions of approval. 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 Council Packet Page Number 153 of 388 I1 Strategic Plan Relevance: SafetyStrengthen regulations and code compliance Sustainability Advance environmental stewardship initiatives Development The rebuilt classroom training facility will include safety and accessibility upgrades. On the exterior, the wetland buffer will be improved with permeable paver stormwater systems, native plantings, and the removal of invasive species. Background: The City of Saint Paul Police Department proposes rebuilding its classroom training facility at 2621 Linwood Avenue East. Ramsey County owns the property, and the City of Saint Paul has leased the property since the mid-1960’s for its police department’s outdoor firearms training. The revised plans for a smaller classroom training facility will be located at the same site previously reviewed in 2025. The city council reviewed the proposal on June 8, 2026. The council extended the application review by an additional 60 days, to September 1, 2026, and requested the applicant and property owner submit the following information to the council for their review: An environmental review documenting testing of the land and water (wetlands, ground and surface water) on the property, including testing of the present well and septic systems A report of past mitigation and testing for lead on the site Following the council review, staff notified the applicant of the extension on June 11, 2026 (letter attached). Staff noted that the conditional use permit approved by the city council in 2025 required two documents, which had not been submitted to the city: Environmental Stewardship Plan, ensuring the property adheres to the Environmental Protection Agency's Best Practices for Lead Management at Outdoor Shooting Ranges Annual report detailing the site’s compliance with the Environmental Stewardship Plan The applicant submitted the following documents in response to the council’s request: Environmental Sampling Report, performed by American Engineering Testing, Inc. (AET), dated August 11, 2026 Bid Proposal for lead screening, drain tile, and rebuilding a shooting wall, submitted by Frattalone Companies, Inc., dated May 27, 2015, and Construction Contract dated July 15, 2015, between Frattalone Companies, Inc. and the City of Saint Paul Environmental Stewardship and Lead Management Plan, Saint Paul Police Department Outdoor Firing Range Firing Range Lead Maintenance Proposal, prepared by Metals Treatment Technologies, LLC (MT2), dated July 8, 2026 Conditional Use Permit Maplewood city code requires a conditional use permit (CUP) for public service or public building uses. When the Saint Paul Police Department began leasing the site from Ramsey County, a CUP was not required. The applicant proposes a new building, and a CUP is required to comply with the city ordinance. Minnesota statute 87A, the Shooting Range Protection Act, adopted in 2005, added protections for existing shooting ranges and limits the city’s ability to regulate the use and operation. Council Packet Page Number 154 of 388 I1 2025 Conditional Use Permit The city council approved a conditional use permit (CUP) on June 23, 2025, for a 3,196 square foot building to be built at 2621 Linwood Avenue. When the city council approves a CUP, it must review the request within one year; if construction has not started within that time, the CUP shall become null and void. The council can grant an extension, but the applicant must submit a written request 30 days before the one-year approval date. Staff sent an email on April 7, 2026, reminding the applicant of this requirement. The city did not receive an extension request before the 30-day deadline. An application for an amendment to the 2025 CUP was accepted on May 4, 2026, and tabled by the city council on June 8, 2026. Because no written request to extend the 2025 CUP was submitted, it expired by its terms. As a result, this request is now being processed as a new CUP for the property. Should the council approve the CUP resolution on August 24, 2026, that date will serve as the approval date for future CUP reviews. Design Review Amendment 2025 Design Review The city council approved a design review on June 23, 2025, to construct a training facility at 2621 Linwood Avenue East. An application for an amendment to the 2025 design review was accepted on May 4, 2026, and tabled by the city council on June 8, 2026. Because design review approvals are valid for two years, this request is being processed as a design review amendment. Water and Sewer The existing facility uses a well and septic system, which the applicant proposes to replace as part of this project. Due to the elevated levels of various metals identified in the property’s drinking water pursuant to the applicant-provided environmental sampling report, the property must be connected to city water. This has been added to the conditions of approval. Site Plan The 1,224-square-foot classroom training facility will be in the southwest portion of the site and will be accessed from an entrance off Linwood Avenue. A storage building, two shooting range areas, and an area with partial structures for tactical training are to remain on the site unchanged. The facility will have an office area for five staff members, an armory, a locker area, a kitchenette, and ADA-compliant restrooms. With a smaller footprint, the roofline has changed slightly, but the building materials remain the same. Wetland The proposed project will impact two Manage A wetlands. City code requires a minimum wetland buffer of 75 feet and an average of 100 feet. The project requires a wetland buffer variance, which the Environmental and Natural Resources (ENR) reviewed and recommended approval on May 19, 2025, and the City Council subsequently approved on June 23, 2025. The smaller building does not change the encroachment or site grading limits for construction, which the ENR reviewed. The variance request does not need to be reviewed by the ENR again, as the details related to the wetland buffer encroachment are not changing. The applicant is proposing 13,613 square feet of buffer improvements, which include the removal of invasive species, Council Packet Page Number 155 of 388 I1 application of native seeding, and a permeable paver stormwater system. Setbacks The building and parking area are set back 201 feet from the property line along Linwood Avenue to the south and 102 feet from the property line to the west. They are entirely screened from the adjacent public streets and residential properties. Code requires the building to be 30 feet from a street right-of-way and 50 feet from a residential lot line. Parking areas must be 15 feet from the street right-of-way and up to 20 feet from residential property. All setbacks are achieved. Building Elevations The one-story building varies in height between 12 and 17 feet as the grade changes. The proposed materials are insulated concrete masonry unit walls with decorative veneer finishes, and prefinished metal facia, canopy, gutter, and downspout. The building is not visible from the adjacent public streets or residential properties. Landscaping and Screening The applicant proposes planting 18 trees to replace 18 trees that will be removed as part of the site project. The updated plan will remove and treat invasive growth in specific areas, including buckthorn, honeysuckle, Japanese knotweed, and reed canary grass, and then replace them with a wetland seed mix, native plugs, and a prairie seed mix. Parking City code does not identify a parking requirement for this use; however, it allows the community and economic development director to review a similar use to determine the minimum requirements. The applicant proposes ten parking stalls, including one accessible stall. As a comparison, the code requires one stall for every 200 square feet of floor area for commercial, office, or recreational building use. Based on this use, the site would require six parking stalls. The site will continue to be utilized privately by the City of Saint Paul Police Department for training. The site is not meant for regular public use, and the number of stalls is adequate. Lighting The applicant submitted a lighting plan illustrating the locations and types of lighting, including on- site wall-mounted fixtures. Also, a plan showing the light spread and foot-candle levels was provided, showing that the levels at the property lines meet code. Signage Any signage on the property is subject to city review and a sign permit, separate from this design review. Department Comments Jon Jarosch, Assistant City Engineer – Engineering Review, dated May 13, 2026, attached to this report. Shann Finwall, Sustainability Coordinator – Environmental Review, dated May 13, 2026, attached to this report. Council Packet Page Number 156 of 388 I1 Board/Commission/Council Review Community Design Review Board May 19, 2026: The CDRB reviewed the proposal and recommended approval of the design plan amendment. Planning Commission May 19, 2026: The planning commission held a public hearing on the proposal and recommended approval ofthe conditional use permit City Council June 8, 2026: The city council reviewed the proposal and requested that the applicant and property owner provide additional information to the council for their review. The application review was extended by an additional 60 days to allow time for the applicant to provide the requested documents. Public Hearing Notice Staff sent public hearing notices to the 40 surrounding property owners within 500 feet of the subject property. Staff have not received any comments. Reference Information Site Description Site Size: 7.45 Acres Surrounding Land Uses North: Park Land/Century Ponds Residential Dwellings (under construction) South: Residential Dwellings East: Residential Dwellings in the City of Woodbury West: Residential Dwellings Planning Existing Land Use: Park Existing Zoning: Farm Residential Review Schedule The city deemed the applicant’s application complete on May 4, 2026. The initial 60-day review deadline for a decision was on July 3, 2026. As stated in Minnesota State Statute 15.99, the city can take an additional 60 days, if necessary, to complete the review. The city sent a letter to the applicant on June 11, 2026, extending the application review an additional 60 days to September 1, 2026. Council Packet Page Number 157 of 388 I1 Attachments: 1.Conditional Use Permit Resolution 2.Design Review Amendment Resolution 3.Resolution Denying a Conditional Use Permit 4.Resolution Denying a Design Review Amendment 5.Overview Map 6.Future Land Use Map 7.Zoning Map 8.Wetland Overlay Map 9.Application Narrative 10.Design Plans 11.Email to Applicant, dated April 7, 2026 12.Engineering Review, dated May 13, 2026 13.Environmental Review, dated May 13, 2026 14.CDRB Meeting Minutes, dated May 20, 2026 15.Planning Commission Meeting Minutes, dated May 20, 2026 16.City Council Meeting Minutes, dated June 8, 2026 17.Application Review Extensions Letter, dated June 11, 2026 18.Applicant Response - Environmental Sampling Report, dated August 11, 2026 19.Applicant Response - Bid Proposal Dated May 27, 2015, and Construction Contract, dated July 15, 2015 20.Applicant Response - Environmental Stewardship and Lead Management Plan 21.Applicant Response - Lead Maintenance Proposal, dated July 8, 2026 22.Presentation Slides Council Packet Page Number 158 of 388 I1, Attachment CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 The City of Saint Paul Police Department (the “applicant”) has requested a Conditional Use Permit to build a 1,224 square foot training facility on the property at 2621 Linwood Avenue East. 1.02 The property located at 2621 Linwood Avenue East is owned by Ramsey County (the “Property Owner”) and is legally described as: The west 600 feet of the South 525 feet of the Southeast Quarter of the Southeast Quarter of Section 12, Township 28, Range 22, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. PIN: 122822440044 Section 2. Standards. 2.01 City Ordinance Section 44-1092 (1) requires a conditional use permit for public service or public building uses. 2.02 General Conditional Use Permit Standards. The City Ordinance states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1.The use would be located, designed, maintained, constructed, and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. Council Packet Page Number 159 of 388 I1, Attachment 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific Conditional Use Permit standards. 3.02 The applicant’s environmental sampling report identified copper (Cu), lead (Pb), and zinc (Zn) above each metal’s respective laboratory reporting limits within the property’s drinking water. While the report indicated that lead concentrations in drinking water did not require response actions presently, it indicated that lead concentrations could be reduced significantly below present levels through the use of filtration. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1.On May 19, 2026, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Planning Commission allowed everyone to speak and present written statements at the hearing. The Planning Commission recommended that the City Council approve this resolution. 2.On June 8, 2026, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and City staff. The Council requested that the applicant provide environmental review and testing of land and water on the gun range site, including well and septic, and provide past lead mitigation and past testing reports. 3.On June 11, 2026, the City extended its review of the conditional use permit request. The City requested the additional information requested by the City Council, as well as an environmental stewardship plan for management of lead/bullets at outdoor shooting ranges. 4.On August 11, 2026, in response, the applicant provided its environmental stewardship plan, a proposal for lead reclamation on the property, contract documents for lead mitigation from 2015, and an environmental sampling report to the City. 5.On August 24, 2026, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Council Packet Page Number 160 of 388 I1, Attachment Section 5.City Council 5.01 The City Council hereby approves the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions 1.The applicant must notify the neighborhood within 500 feet or greater of any scheduled use of the shooting range, including the hours of operation. The neighborhood notification shall be provided monthly when the facility and exterior shooting areas are used. 2.The property must adhere to the Environmental Protection Agency's Best Practices for Lead Management at Outdoor Shooting Ranges and the Shooting Range Performance Standards outlined in Minnesota Statutes 87A. The applicant and property owner will complete an Environmental Stewardship Plan for Management of Lead/Bullets at Outdoor Shooting Ranges. A template is provided in the EPA’s Best Practices. The applicant must continue to update the Environmental Stewardship and Lead Management Plan to reflect changes in property condition and best practices. 3.The applicant must ensure the property’s continued conformance with the Environmental Stewardship and Lead Management Plan, as updated. 4.The applicant and property owner will provide an annual report detailing the site’s compliance with EPA’s Best Practices for Lead Management, the site’s Environmental Stewardship Plan, and the shooting Range Performance Standards as detailed in Minnesota Statutes 87A. Such a report must indicate the estimated number of rounds and/or lead volume used on the range per annum, in order to determine the applicant’s continued compliance with the lead recovery intervals established under its Environmental Stewardship Plan. 5.The applicant and property owner must provide the city with the performance results of all previous lead management activities associated with the property, including the Bid Proposal dated May 27, 2015, and Construction Contract dated July 15, 2015. 6.The applicant must provide for lead maintenance in substantially the extent and form of that established in the July 8, 2026, “Firing Range Lead Maintenance” proposal from Metals Treatment Technologies, LLC, provided by the applicant to the City. Such lead maintenance must be substantially started within one year of council approval. The applicant must share the results of lead maintenance following its performance and provided to the council at the one-year CUP review. 7.The property must be connected to City water, due to the elevated levels of various metals identified in the property’s drinking water pursuant to the applicant-provided environmental sampling report. 8.The property must adhere to the Minnesota Legislature’s noise level standards and maximum level for shooting ranges as detailed by the Minnesota Pollution Control Agency and in Minnesota Statute 87A. 9.All ground-mounted and roof-mounted mechanical equipment and trash receptacles shall be screened according to the ordinance. Council Packet Page Number 161 of 388 I1, Attachment 10.Adequate separation, noise buffering, and screening must be provided around the training facility and exterior training areas. If the city determines that additional screening or noise buffering is required, the applicant shall ensure this is completed as notified by the city. 11.All construction shall follow the approved plans dated April 21, 2026. The director of community and economic development may approve minor changes. 12.The proposed construction must be substantially started within one year of council approval, or the permit shall become null and void. 13.The city council shall review this permit in one year. 14.The applicant shall meet the conditions outlined in the design review resolution. Council Packet Page Number 162 of 388 I1, Attachment 2 DESIGN REVIEW AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 The City of Saint Paul Police Department has requested approval of a design review amendment to build a 1,224 square foot training facility on the property at 2621 Linwood Avenue East. 1.02 The property located at 2621 Linwood Avenue East is legally described as: The west 600 feet of the South 525 feet of the Southeast Quarter of the Southeast Quarter of Section 12, Township 28, Range 22, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. PIN: 122822440044 Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance requires that the community design review board make the following findings to approve plans: 1.That the design and location of the proposed development and its relationship to neighboring, existing, or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly, and attractive development contemplated by this article and the city's comprehensive municipal plan. 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors. 2.02 The community design review board reviewed the proposal on May 19, 2026, and recommended that the City Council approve this resolution. 2.03 The proposal meets the specific findings for design review approval. Section 3. City Council Action. 3.01 The above-described site and design plans are hereby ________based on the findings outlined in Section 2 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 (additions are underlined and deletions are crossed out): Council Packet Page Number 163 of 388 I1, Attachment 2 1.If the city has not issued a building permit for this project, repeat this review in two years. 2.All fire marshal, city engineer, and building official requirements must be met. 3.Satisfy the requirements in the engineering review by Jon Jarosch, dated April 2, 2025 May 13, 2026. 4.Satisfy the requirements in the environmental review by Shann Finwall, dated May 20, 2025 May 13, 2026. 5.The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 6.The applicant shall obtain all required permits from the Minnesota Pollution Control Agency for demolition and construction. 7.Due to the elevated levels of various metals identified in the property’s drinking water pursuant to the applicant-provided environmental sampling report, the property must be connected to city water. 8.The applicant shall install a stop sign at the property exit on Linwood Avenue. 9.Per city ordinance standards, all mechanical equipment and trash receptacles shall be screened from the view of all nearby residential properties or adjacent public streets. 10.Before the issuance of a building permit, the applicant shall submit for staff approval the following items: a.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. b.Additional details to accompany the lighting plan: a description of each luminaire, including the manufacturer’s catalog cuts and drawings. c.An updated landscape plan as outlined in the environmental review. 11.The applicant shall complete the following before occupying the building: a.Replace any property irons that were removed because of this construction. b.Provide continuous concrete curb and gutter around the parking lot and driveways. c.Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. d.Install all required outdoor lighting. e.Install all required sidewalks and trails. Council Packet Page Number 164 of 388 I1, Attachment 2 12.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to public health, safety, or welfare. b.The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 13.All work shall follow the approved plans dated April 21, 2026. The director of community and economicdevelopment may approve minor changes. Council Packet Page Number 165 of 388 I1, Attachment 3 RESOLUTION DENYING A CONDITIONAL USE PERMIT BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 The City of Saint Paul Police Department (the “applicant”) has requested a Conditional Use Permit to build a 1,224 square foot training facility on the property at 2621 Linwood Avenue East. 1.02 The property located at 2621 Linwood Avenue East is owned by Ramsey County (the “Property Owner”) and is legally described as: The west 600 feet of the South 525 feet of the Southeast Quarter of the Southeast Quarter of Section 12, Township 28, Range 22, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. PIN: 122822440044 Section 2. Standards. 2.01 City Ordinance Section 44-1092 (1) requires a conditional use permit for public service or public building uses. 2.02 General Conditional Use Permit Standards. The City Ordinance states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1.The use would be located, designed, maintained, constructed, and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. Council Packet Page Number 166 of 388 I1, Attachment 3 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal does not meet the specific Conditional Use Permit standards for the reasons set forth below. 3.02 According to the applicant’s submitted documentation, the applicant may have last performed lead management on the property in 2015. Applicant’s submitted documentation includes a contract for lead screening and an AIA application and certification for payment from the applicant’s contractor. Still, there is no other indication of satisfactory project completion or documentation of any report, whether quantitative or qualitative, on the lead management or the property following project completion. It is also unclear whether the applicant performed any lead management activities on the property before 2015 or between 2015 and the present. 3.03 The applicant’s environmental sampling report identified copper (Cu), lead (Pb), and zinc (Zn) above each metal’s respective laboratory reporting limits within the property’s drinking water. The property is not connected to City water. The applicant’s use involves equipment or a method of operation that would be hazardous or detrimental to persons because of water pollution in the drinking water. Further, the elevated levels of these metals and the ability to reduce their concentrations to minimal levels indicate that the applicant’s use is not served by adequate water systems. 3.04 The applicant has failed to manage the property in accordance with the Best Management Practices for Lead at Outdoor Shooting Ranges established by the EPA. The EPA’s Best Management Practices for Lead at Outdoor Shooting Ranges indicates that while lead management and removal frequency are best determined by range use and environmental factors, there is no evidence of the applicant’s consideration of these factors throughout its use of the property and in its submitted Environmental Stewardship Plan. See Best Management Practices for Lead at Outdoor Shooting Ranges, Section 3.3.5. Further, in the same EPA Best Practices document, the EPA cites an NRA recommendation of lead cleanup frequency between one to five years, “even on ranges with minimal use.” Id. The applicant’s lack of submitted documentation on the property’s status following the 2015 lead management contract provides a lack of clarity on the applicant’s consideration of environmental stewardship factors in its operation of the property in the intervening years. In the event that the 2015 contract was not satisfactorily performed, the period between identified lead management activities extended significantly beyond best practice frequencies. However, assuming that the 2015 contract was performed fully, it still does not appear that the applicant’s management of the property was consistent with the EPA’s Best Management Practices for Lead at Outdoor Shooting Council Packet Page Number 167 of 388 I1, Attachment 3 Ranges, given the established period of over ten years since the last lead management on the property. 3.05 The applicant has failed to manage the property in accordance with theNational Rifle Association's Range Source Book: A Guide to Planning and Construction, adopted as best practices under Minnesota Statutes 87A.02, Subd. 2. The Range Source Book states that “reclamation would seem unlikely to occur annually at most ranges, and more likely to take place at intervals of perhaps 2 to 5 years, and perhaps as long as 10 years or more at lightly used ranges.” See Range Source Book, Section 2.04. The applicant’s failure to submit documentation regarding the property’s status following the 2015 lead management contract creates uncertainty about the applicant’s consideration of environmental stewardship factors in its operation of the property in the intervening years. In the event that the 2015 contract was not satisfactorily performed, the period between identified lead management activities extended significantly beyond statutory best-practice frequencies, even if the range was lightly used and shot volume was relatively minimal. While the applicant’s submitted documentation for a to-be-completed lead management activity indicated an estimate of 5-10 tons of lead on the property, this is a significant range and does not clearly indicate the rate of use or shot volume on the property. The applicant’s lack of performing lead management for a period of over ten years, exceeding the ‘perhaps as long as’ best practice for a lightly-used range, indicates a reasonable likelihood that the applicant has not managed the property in accordance with the best practices for management of a shooting range adopted under Minnesota Statutes. 3.06 The City established “enhancing the water quality of surface waters” and “where practicable, improving the functions, values, biodiversity, and acreage of wetlands and their buffer areas” as goals under Chapter 13 of its 2040 Comprehensive Plan. The applicant’s environmental sampling report indicated lead (Pb) in surface water at concentrations above the state’s ambient water quality standards. The property affects two wetlands in the Manage A category, one of which is sited on the property. It is reasonably likely that the elevated concentrations of lead in the property’s surface water may be related to the applicant’s history of non-conformance with range operation best practices for lead management, as established by the EPA and Minnesota Statutes. Applicant’s history of operations on the property in conjunction with its existing use of the public building on the property, which the Applicant intends to update with this Conditional Use Permit, does not establish that Applicant’s public building use would cause minimal adverse environmental effects, maximize the preservation of the site’s natural features, or be maintained and operated to conform with the City’s comprehensive plan. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1.On May 19, 2026, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Planning Commission allowed everyone to Council Packet Page Number 168 of 388 I1, Attachment 3 speak and present written statements at the hearing. The Planning Commission recommended that the City Council approve this resolution. 2.On June 8, 2026, the City Council discussed this request. They considered reports and recommendations from the Planning Commission and City staff. The Council requested that the applicant provide environmental review and testing of land and water on the gun range site, including well and septic, and provide past lead mitigation and past testing reports. 3.On June 11, 2026, the City extended its review of the conditional use permit request. The City requested the additional information requested by the City Council, as well as an environmental stewardship plan for management of lead/bullets at outdoor shooting ranges. 4.On August 11, 2026, in response, the applicant provided its environmental stewardship plan, a proposal for lead reclamation on the property, contract documents for lead mitigation from 2015, and an environmental sampling report to the City. 5.On August 24, 2026, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and City staff. Section 5. City Council 5.01 The City Council hereby approves the resolution denying the applicant’s request. Denial is based on the findings outlined in section 3 of this resolution. Council Packet Page Number 169 of 388 I1, Attachment 4 RESOLUTION DENYING A DESIGN REVIEW AMENDMENT BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 The City of Saint Paul Police Department has requested approval of a design review amendment to build a 1,224 square foot training facility on the property at 2621 Linwood Avenue East. 1.02 The property located at 2621 Linwood Avenue East is legally described as: The west 600 feet of the South 525 feet of the Southeast Quarter of the Southeast Quarter of Section 12, Township 28, Range 22, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. PIN: 122822440044 Section 2. Site and Building Plan Standards. 2.01 City ordinance 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. Section 3. Findings. 3.01 The proposal does not meet the specific findings for design review approval for the reasons set forth below. 3.02 A conditional use permit is required for public service or public building uses per city ordinance. The city council has denied the applicant’s request for a conditional use permit. Without the city council's approval of a conditional use permit, the design review cannot be approved. Council Packet Page Number 170 of 388 I1, Attachment 4 3.03 The proposal does not include connecting to the city's sanitary sewer or water services. 3.04 The applicant’s history of operations on the property, in conjunction with its existing use of the public building on the property, does not establish: the proposal 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; or provide a desirable environment for its occupants, as well as for its neighbors. Section 4. City Review Process 4.01 The community design review board reviewed the proposal on May 19, 2026, and recommended that the City Council approve the design plans. Section 5. Council Action. 5.01 The City Council hereby approves the resolution denying the applicant’s request. Denial is based on the findings outlined in section 3 of this resolution. Council Packet Page Number 171 of 388 I1, Attachment 5 Subject Parcel Council Packet Page Number 172 of 388 I1, Attachment Subject Parcel Council Packet Page Number 173 of 388 I1, Attachment Subject Parcel Council Packet Page Number 174 of 388 I1, Attachment Subject Parcel Council Packet Page Number 175 of 388 I1, Attachment 9 Council Packet Page Number 176 of 388 I1, Attachment 9 Council Packet Page Number 177 of 388 I1, Attachment 9 Council Packet Page Number 178 of 388 I1, Attachment 9 Council Packet Page Number 179 of 388 I1, Attachment 9 Council Packet Page Number 180 of 388 I1, Attachment 10 Council Packet Page Number 181 of 388 I1, Attachment 10 Council Packet Page Number 182 of 388 I1, Attachment 10 Council Packet Page Number 183 of 388 I1, Attachment 10 Council Packet Page Number 184 of 388 I1, Attachment 10 Council Packet Page Number 185 of 388 I1, Attachment 10 Council Packet Page Number 186 of 388 I1, Attachment 10 Council Packet Page Number 187 of 388 I1, Attachment 11 From:Elizabeth Hammond To:jennifer.corcoran@ci.stpaul.mn.us; shari.falkowski@ci.stpaul.mn.us; jean.krueger@co.ramsey.mn.us; dbrandwick@oertelarchitects.com Cc:Danette Parr; Michael A. Martin Subject:2621 Linwood Avenue East - Conditional Use Permit Review Date:Tuesday, April 7, 2026 2:28:00 PM Attachments:2025 06-23 CC Decision - SPP Training Facility, 2621 Linwood Ave E.pdf Good afternoon, Following up on the letter I sent earlier regarding your request to withdraw the applications for design revisions to the training facility, I am reminding you that the conditional use permit (CUP) for the project is due for its one-year review in June. The city council approved the project on June 23, 2025. I’ve attached the approved resolutions outlining the council decision and conditions of approval. Please review the conditions and ensure the CUP and property comply with them. When the city approves a CUP, the council must review the request within one year; if construction has not started within that time, the CUP shall become null and void. The council can grant an extension, but a written request must be submitted 30 days in advance of the one-year approval date, or 30 days in advance of June 23, 2026. When a CUP review occurs, staff will provide an update on the construction, and if a request to extend the approval is submitted, this will be detailed along with the current compliance with the CUP. If you request an extension, please submit details of why the extension is being requested and how the property meets the approved conditions. I’ve copied some of the language from the conditional use permit section below on the construction requirements and one-year review; please also reference the entire section, which includes additional information pertinent to the upcoming CUP review. City Ordinance:ARTICLE V. - CONDITIONAL USE PERMITS Sec. 44-1099. - Start of construction or use. The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the conditional use permit shall become null and void. The council may grant up to one one-year extension of the permit if just cause is shown. This requirement shall not apply to shoreland PUDs with an approved phasing plan. Such extension shall be requested in writing and filed with the director of community development at least 30 days before the expiration of the original conditional use permit. There shall be no charge for filing such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. Sec. 44-1100. - Duration. (a)All conditional use permits shall be reviewed by the council within one year of the date of initial approval, unless such review is waived by council decision. At the one-year review, the Council Packet Page Number 188 of 388 I1, Attachment 11 council may specify an indefinite term or specific term, not to exceed five years, for subsequent reviews. The council may impose new or additional conditions upon the permit at the time of the initial or subsequent reviews. (b)A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Any conditional use that meets the agreed upon conditions and is later allowed because of the city enacting or amending official controls shall be considered a legal nonconforming use. Thank you, Elizabeth Council Packet Page Number 189 of 388 I1, Attachment Engineering Plan Review PROJECT: Saint Paul Police Firearms Training Facility (Re-Submittal) 2621 Linwood Avenue PROJECT NO: 25-13 COMMENTS BY: Jon Jarosch, Assistant City Engineer DATE: 5-13-2026 PLAN SET: Engineering plans dated 4-21-2026 The applicant is proposing to replace the existing classroom training facility at 2621 Linwood Avenue. In addition, the proposal includes replacing portions of the entrance drive and parking lot, the septic system, and the onsite well. This review does not constitute a final review of the plans, as the applicant will need to submit construction documents for final review prior to issuing permits. The following are engineering review comments on the design and act as conditions prior to issuing permits: Drainage and Stormwater Management 1)The applicant shall verify the total area disturbed by the project along with the total area of new impervious surfacing. Should the project exceed ½ acre of disturbance or add more than 5,000 square feet of new impervious surface, the project shall meet the City’s stormwater management standards. Water and Sewer Service 2)This project proposes the installation of a new well to provide potable water to the new classroom facility, as there is currently no water service available adjacent to this site. A housing development is underway at the adjacent Ponds at Battle Creek property. Water main will be installed along Linwood Avenue to service the housing development. This water main could be utilized in lieu of installing a new well at the Saint Paul Police Firearms Training Facility. The applicant shall coordinate with the developer of the Ponds at Battle Creek site to determine whether or not connecting to the proposed water main is a viable solution. 3)A subsurface sewage treatment system (SSTS) permit is required for new septic systems. All requirements of the SSTS Ordinance shall be met for the proposed septic system. SSTS submittals will be reviewed as part of the permit process. Council Packet Page Number 190 of 388 I1, Attachment Grading and Erosion Control 4)Inlet protection devices shall be installed on all existing and proposed onsite storm sewer until all exposed soils are stabilized. 5)Public and private drives and roadways shall be swept as needed to keep the pavement clear of sediment and construction debris. 6)All pedestrian facilities shall be ADA compliant. 7)A copy of the project SWPPP and NDPES Permit shall be submitted prior to the issuance of a grading permit. 8)All slopes shall be 3H:1V or less steep in slope. 9)The total cut/fill volume shall be noted on the grading plan. Public Works Permits The following permits are required by the Public Works Department for this project. The applicant should verify the need for other City permits with the Building Department. 10)Grading and erosion control permit 11)SSTS Permit 12)Right-of-way Permit (If work is completed within Linwood Avenue right-of-way.) -END COMMENTS - Council Packet Page Number 191 of 388 I1, Attachment Environmental Review Project: St. Paul Police Training Facility Location: 2621 Linwood Avenue Date of Plans: January 28, 2026 May 5, 2025 March 18, 2025 Date of Review: Updated Review May 13, 2026 May 20, 2025 Reviewer: Shann Finwall, AICP, Sustainability Coordinator (651)249-2304, shann.finwall@maplewoodmn.gov Background: The St. Paul Police Department is proposing to upgrade their training facility at 2621 Linwood Avenue East. The City approved plans in 2025, which have now been revised to include a smaller building. However, overall grading on the site appears to remain the same. Therefore, no additional variance approvals would be required. The updated environmental review includes details from the original project and conditions which still need to be met with the updated 2025 and 2026 projects. Trees: 1.Tree Preservation Ordinance: a.Significant Trees: Maplewood’s tree preservation ordinance describes a significant tree as a healthy tree as follows - hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. b.Specimen Trees: A specimen tree is defined as a healthy tree of any species which is 28 inches in diameter or greater. c.Tree Replacement: If less than 20 percent of the overall caliper inches of significant trees on the site are removed, applicants must replace one 2 diameter inch tree for each significant tree removed. If more than 20 percent are removed, replacement is based on the City’s tree replacement calculation which includes the overall caliper inches of significant trees located on the parcel versus the caliper inches of significant trees removed. Additionally, credits are given for all specimen trees that are preserved. 2.Tree Impacts: The tree survey identifies 308 significant trees on the site, however, the overall caliper inches of significant trees are not included. The site demolition plan shows the removal of 18 significant trees; however, the size and Council Packet Page Number 192 of 388 I1, Attachment species of the trees are not included. Tree replacement cannot be determined without additional information, but it is likely that the tree removal is less than 20 percent of the overall caliper inches of trees on the site. In that case the required tree replacement is 18 – 2 diameter inch trees. 3.Tree Replacement: The landscape plan includes 18 – 2 diameter inch trees. 4.Tree Recommendations: a.Prior to issuance of a grading permit the following is required: 1)Tree Plan: a)Identify which trees will be removed on the tree survey and the size and species on the site demolition plan. b)Add the City’s tree replacement calculation to the plans. The tree calculation will include the overall caliper inches of significant trees on the site versus the caliper inches of trees removed. 2)Tree Planting Plan: Final tree planting plan to be reviewed and approved by the City’s Natural Resources Coordinator. 3)Tree Escrow: Tree escrow in the amount of $60 per caliper inch of trees to be replaced on the site. The escrow will be released once the trees are planted with a one-year warranty. Wetlands: 1.Wetland Ordinance: a.Wetland Classification and Buffer Requirements: There are two Manage A wetlands, one adjacent the property on the vacant lot to the west and one on the east side of the property. The City’s wetland ordinance requires a 75-foot minimum and 100-foot average wetland buffer around a Manage A wetland. b.Wetland Buffer Averaging: The wetland ordinance allows flexibility in instances where, because of the unique physical characteristics of a specific parcel of land, the averaging of buffer width for the entire parcel may be necessary to allow for the reasonable use of the land during a development or construction project. In such cases decreasing the minimum buffer width will be compensated for by increased buffer widths elsewhere in the same parcel to achieve the required average buffer width. \\Averaging is allowed based on an assessment of the following: 1)Undue hardship would arise from not allowing the average buffer, or would otherwise not be in the public interest. 2)Size of parcel. Council Packet Page Number 193 of 388 I1, Attachment 3)Configuration of existing roads and utilities. 4)Percentage of parcel covered by wetland. 5)Configuration of wetlands on the parcel. 6)Averaging will not cause degradation of the wetland or stream. 7)Averaging will ensure the protection or enhancement of portions of the buffer which are found to be the most ecologically beneficial to the wetland or stream. 8)A wetland buffer mitigation plan is required for construction of development projects that will require averaging. In reviewing the mitigation plan, the city may require one or more of the following actions: a)Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. b)Rectifying the impact by repairing, rehabilitating, or restoring the buffer. c)Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. d)Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. e)Monitoring the impact and taking appropriate corrective measures. f)Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the city before planting. g)Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. h)A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of 150 percent of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not Council Packet Page Number 194 of 388 I1, Attachment include other sureties required pursuant to any other provision of city ordinance or city directive. c.Wetland Buffer Variance: Any deviation from the wetland buffer or wetland buffer averaging requires a wetland buffer variance. The City may require the applicant to mitigate wetland buffer impacts with the approval of a variance, including, but not limited to, implementing one or more of the strategies listed in the mitigation strategies above. 2.Wetland Impacts: a.Existing Conditions: The site was originally developed and graded in approximately 1975, prior to the City’s wetland ordinance and wetland buffer requirements. The drive lane, tactical training buildings, storage building, and gravel pad extend into the 100-foot wetland buffers and are considered pre-existing nonconforming structures and encroachments. b.New Development: The January28, 2026, updated grading plans do not include the setback of the grading work to the wetland edges. The grading does appear to be the same as the previous plans which reflect that the new development will have grading to within approximately 53 feet of the eastern Manage A wetland for the extension of a utility line, parking stall, and septic system. Grading will come to within approximately 59 feet of the western Manage A wetland for building earthwork. Other portions of the new development will be located within the 75-foot minimum buffer. The development requires a 41-foot wetland buffer variance, wetland buffer averaging, and wetland buffer mitigation as required by the wetland ordinance. 3.Proposed Wetland Mitigation: To mitigate the wetland buffer impacts the applicants were originally proposing .15 acres of mitigation strategies to include: a.Removal of buckthorn and other invasive species in key areas around the eastern wetland. b.Removal of 10 to 15 feet of Class 5 surface adjacent the eastern wetland, and the addition of topsoil and native plants and seeds within a 10-foot newly established wetland buffer. c.A wetland buffer protection fence (3.5-feet high galvanized poles with chains) adjacent the remaining Class 5 surface and the newly established wetland buffer. d.Wetland buffer signs at 100-foot intervals around both wetlands and at 25-foot intervals along the new fence. 4.Wetland Buffer Recommendations: a.Prior to issuance of a grading permit the following is required: Council Packet Page Number 195 of 388 I1, Attachment 1)Plan showing the square footage of wetland buffer impacts (grading and building) beyond the 100-foot required buffers. 2)Plan showing the wetland buffer mitigation strategies equal 2 square feet of mitigation per 1 square foot of wetland buffer impact. 3)Plan showing the location of the removal of buckthorn and other nonnative species being proposed within the western wetland buffer. 4)Fence plan to include the materials, height, and location. 5)Permeable pavement parking stalls. This condition was added by the City Council during the June 23, 2025, meeting. 6)Revised landscape plan to include: a)Detailed plan for nonnative plant removal and maintenance. b)Native seed mix or native plugs as necessary to fill in the areas on the north side of the eastern wetland (area called out as Zone 1A in the May 5 restoration plan) once the nonnative plants are removed. c)Detailed plan for new wetland buffers (areas called out as Zone 1A and Zone 2 in the May 5 restoration plan) including seed mix species and installation methods, and location and species of native plant plugs. d)Final landscape plan to be reviewed and approved by the Natural Resources Coordinator. 7)Wetland Buffer Sign Plan: Identify the location of wetland buffer signs to be installed along the approved wetland buffers. The signs should be placed every 25 feet on the east side of the Class 5 surface, adjacent the new wetland buffer (area called out as Zone 2 in the May 5 restoration plan) and 100 feet in all other areas of the approved wetland buffer. The City of Maplewood supplies wetland buffer signs identifying that no building, mowing, or grading should take place within the buffer. There is a $35 fee per sign. 8)Wetland Buffer Sign Installation: Install the wetland buffer signs prior to grading if feasible 9)Wetland Buffer Mitigation and Maintenance Agreement: Sign a wetland buffer mitigation and maintenance agreement with the City requiring that the applicant establish and maintain the required mitigation within the buffer for a three-year period. The Council Packet Page Number 196 of 388 I1, Attachment City of Maplewood will draft the maintenance agreement once the wetland buffer mitigation plan is complete. 10)Submit an updated grading plan for the 2026 proposal which shows the setbacks from the grading work to the wetland edges. 11)Submit a cash escrow or letter of credit to cover 150 percent of the wetland buffer mitigation. The City will retain the escrow for up to three years as outlined in the maintenance agreement to ensure the wetland buffer mitigation is established and maintained. Landscape Policies and Recommendations: Landscape Policies: Review of the overall landscape plan to ensure nonnative and invasive species are avoided, seed mix is appropriate for use in areas proposed, and plantings are climate resilient. Landscape Recommendations: Prior to issuance of a grading permit the final landscape plan to be reviewed and approved by the City’s Natural Resources Coordinator. Council Packet Page Number 197 of 388 I1, Attachment MINUTES MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 6:00 P.M. Tuesday, May 19, 2026 City Hall, Council Chambers 1830 County Road B East E.NEW BUSINESS 1.Design ReviewAmendmentResolution, Saint Paul Police Training Facility, 2621 Linwood Avenue East Elizabeth Hammond, Planner, gave the presentation. Deb Brandwick, Oertel Architects, addressed the board and answered questions.Board members shared comments. BoardmemberShankar moved toapprove a design review amendment resolution for constructing a training facility at 2621 Linwood Avenue East, subject to certain conditions of approval. DESIGN REVIEW AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01The City of Saint Paul Police Department has requested approval of a design review Amendment to build a 1,224 square foot classroom training facility on the property at 2621 Linwood Avenue East. 1.02The property located at 2621 Linwood Avenue East is legally described as: The west 600 feet of the South 525 feet of the Southeast Quarter of the Southeast Quarter of Section 12, Township 28, Range 22, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. PIN: 122822440044 Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance 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. Council Packet Page Number 198 of 388 I1, Attachment 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors. 2.02The community design review board reviewed this request on May 19, 2026, and recommended that the City Council approvethis resolution. 2.03The proposal meets the specific findings for design review approval. Section 3. City Council Action. 3.01The above-described site and design plans are hereby ________based on the findings outlined in Section 2 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 (additions are underlined and deletions are crossed out): 1.If the city has not issued a building permit for this project, repeat this review in two years. 2.All fire marshal, city engineer, and building official requirements must be met. 3.Satisfy the requirements in the engineering review by Jon Jarosch, dated April 2, 2025May 13, 2026. 4.Satisfythe requirements in the environmental review by Shann Finwall, dated May 20, 2025May 13, 2026. 5.The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 6.The applicant shall obtain all required permits from the Minnesota Pollution Control Agency for demolition and construction. 7.The applicant shall install a stop sign at the property exit on Linwood Avenue. 8.Per city ordinance standards, all mechanical equipment and trash receptacles shall be screened from view of all nearby residential properties or adjacent public streets. 9.Before the issuance of a building permit, the applicant shall submit for staff approval the following items: a.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. b.Additional details to accompany the lighting plan: a description of each luminaire, including the manufacturer’s catalog cuts and drawings. c.An updated landscape plan as outlined in the environmental review. 10.The applicant shall complete the following before occupying the building: Council Packet Page Number 199 of 388 I1, Attachment a.Replace any property irons that were removed because of this construction. b.Provide continuous concrete curb and gutter around the parking lot and driveways. c.Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. d.Install all required outdoor lighting. e.Install all required sidewalks and trails. 11.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to public health, safety, or welfare. b.The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 12.All work shall follow the approved plans dated April 21, 2026.The director of community and economic development may approve minor changes. Seconded by Boardmember Ayes – All (via roll call) The motion passed. This item will go to the city council on June8, 2026 Council Packet Page Number 200 of 388 I1, Attachment MINUTES MAPLEWOOD PLANNING COMMISSION 7:00 P.M. Tuesday, May 19, 2026 City Hall, Council Chambers 1830 County Road B East E.PUBLIC HEARING 1.Conditional Use Permit Amendment Resolution, Saint Paul Police Training Facility, 2621 Linwood Avenue East Elizabeth Hammond, Planner, gave the presentation. Michael Martin, AICP, Assistant Community and Economic Development Director, addressed the commission and provided additional information. Commission members shared comments. ChairpersonDesaiopened the public hearing. The following individuals addressed the commission regarding the project: Deb Brandwick, Oertel Architects Commander Josh Lego, Saint Paul Police Department Chairperson Desaiclosed the public hearing. Commissioner Ige movedto approve a conditional use permit amendment resolution for constructing a training facility at 2621 Linwood Avenue East, subject to certain conditions of approval. CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01The City of Saint Paul Police Department has requested a Conditional Use Permit Amendment to build a 1,224 square foot classroom training facility on the property at 2621 Linwood Avenue East. 1.02The property located at 2621 Linwood Avenue East is legally described as: The west 600 feet of the South 525 feet of the Southeast Quarter of the Southeast Quarter of Section 12, Township 28, Range 22, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. PIN: 122822440044 Section 2. Standards. 2.01 General Conditional Use Permit Standards. The City Ordinance states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. Council Packet Page Number 201 of 388 I1, Attachment 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 May 19, 2026, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Planning Commission allowed everyone to speak and present written statementsat the hearing. The Planning Commission recommended that the City Council approve this resolution. 2.On June 8, 2026, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and City staff. Section 5.City Council 5.01The City Council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1.The applicant and property owner must notify the neighborhood within 500 feet or greater of any scheduled use of the shooting range, including the hours of operation. Council Packet Page Number 202 of 388 I1, Attachment 5 The neighborhood notification shall be provided monthly when the facilityand exterior shooting areas are used. 2.The property must adhere to the Environmental Protection Agency's Best Practices for Lead Management at Outdoor Shooting Ranges and the Shooting Range Performance Standards outlined in Minnesota Statutes 87A. The applicant and property owner will complete an Environmental Stewardship Plan for Management of Lead/Bullets at Outdoor Shooting Ranges. A template is provided in the EPA’s Best Practices. 3.The applicant and property owner will provide a report detailing the site’s compliance with EPA’s Best Practices for Lead Management and the Environmental Stewardship Plan. 4.The property must adhere to the Minnesota Legislature’s noise level standards and maximum level for shooting ranges as detailed by the Minnesota Pollution Control Agency and in Minnesota Statute 87A. 5.All ground-mounted and roof-mounted mechanical equipment and trash receptacles shall be screened according to the ordinance. 6.Adequate separation, buffering, and screening must be provided around the training facility and exterior training areas. If the city determines additional screening or buffering is required, the applicant shall ensure this is completed as notified by the city. 7.All construction shall follow the approved plans dated April 21, 2026. The director of community and economicdevelopment may approve minor changes. 8.The proposed construction must be substantially started within one year of council approval, or the permit shall become null and void. 9.The city council shall review this permit in one year. 10.The applicant shall meet the conditions outlined in the design review resolution. Seconded by CommissionerYang Ayes – All (via roll call) The motion passed. This item will go to the city council on June8, 2026 Council Packet Page Number 203 of 388 I1, Attachment MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 8, 2026 City Hall, Council Chambers Meeting No. 11-26 J.NEW BUSINESS 4.Saint Paul Police Training Facility, 2621 Linwood Avenue East a.Conditional Use Permit Amendment Resolution b.Design Review Amendment Resolution Community and Economic Development Director Parr gave the staff report. Josh Lego, Training Commander with the St. Paul Police Department, addressed the council and answered questions of council. Deb Brandwick, Vice President of Oertel Architects, addressed council and provided additional information. Public Works Director Love provided further comments. City Attorney Batty advised council. City Manager Sable provided further direction to the council. Mayor Abrams moved to request applicant (St. Paul) and Ramsey County to provide environmental review and testing of land and water on the gun range site including well & septic, and to provide Maplewood City Council past lead mitigation and past testing reports. Seconded by Councilmember Cave Ayes – All The motion passed. Mayor Abrams moved to direct staff to notify applicant (St. Paul) and Ramsey County to extend second 60-day extension out to September 1, 2026. Seconded by Councilmember Juenemann Ayes – All The motion passed. Council Packet Page Number 204 of 388 I1, Attachment June 11, 2026 Ramsey County, Property Owner (Jean Krueger) th Place East, Suite 2200, Saint Paul, MN 55101 121 7 St. Paul Police Department, City of St. Paul, Applicant (Jennifer Corcoran) 367 Grove Street, Saint Paul, MN 55101 Oertel Architects, Applicant (Debra Brandwick) 1795 St. Clair Avenue, Saint Paul, MN 55105 2621 Linwood Avenue East, Maplewood, MN 55119 – APPLICATION REVIEW EXTENDED Dear property owner and applicant, This letter informs you that the City of Maplewood has extended the review of your applications for an amendment to a conditional use permit and design plans for the property at 2621 Linwood Avenue East. The initial 60-day review deadline is July 3, 2026. As provided in Minnesota State Statute 15.99, the review has been extended an additional 60 days to September 1, 2026. The city council reviewed your applications on June 8, 2026, and requested that the applicant and property owner provide additional information to the city council. To reschedule the applications for council review, provide the following: 1.Provide an environmental review documenting testing of the land and water (wetlands, ground and surface water) on the property, including testing of the present well and septic systems. 2.Provide a report of past lead mitigation and testing on the site. The conditional use permit specifies that the property adhere to the Environmental Protection Agency's Best Practices for Lead Management at Outdoor Shooting Ranges by creating an Environmental Stewardship Plan, and with the Shooting Range Performance Standards in Minnesota Statutes 87A. The council requested an annual report detailing the site’s compliance, which has not been submitted to the city as of this date. To facilitate the review, provide the following information: 1.Complete an Environmental Stewardship Plan for Management of Lead/Bullets at Outdoor Shooting Ranges. A template is provided in the EPA’s Best Practices that you can use to create your stewardship plan. 2.The applicant and property owner will provide an annual report detailing the site’s compliance with EPA’s Best Practices for Lead Management, the site’s Environmental Council Packet Page Number 205 of 388 I1, Attachment Stewardship Plan, and the Shooting Range Performance Standards in Minnesota Statutes 87A. All documents requested by the council should be provided to staff by August 11, 2026. After this date, the council will review the applications and decide on the request by the extended review deadline of September 1, 2026. Per Minnesota State Statute 15.99, the city of Maplewood cannot extend the review beyond 120 days. If you require additional time to complete these items, you must submit a written notice to the city by August 11, 2026, requesting an extension of the time limit to review your applications. Please call me at 651-249-2302 or email me at Elizabeth.Hammond@MaplewoodMN.gov if you have any questions. Respectfully submitted, Elizabeth Hammond, Planner Council Packet Page Number 206 of 388 I1, Attachment 18 Council Packet Page Number 207 of 388 I1, Attachment 18 Council Packet Page Number 208 of 388 I1, Attachment 18 Council Packet Page Number 209 of 388 I1, Attachment 18 Council Packet Page Number 210 of 388 I1, Attachment 18 Council Packet Page Number 211 of 388 I1, Attachment 18 Council Packet Page Number 212 of 388 I1, Attachment 18 Council Packet Page Number 213 of 388 I1, Attachment 18 Council Packet Page Number 214 of 388 I1, Attachment 18 Council Packet Page Number 215 of 388 I1, Attachment 18 Council Packet Page Number 216 of 388 I1, Attachment 18 Council Packet Page Number 217 of 388 I1, Attachment 18 Council Packet Page Number 218 of 388 I1, Attachment 18 Council Packet Page Number 219 of 388 I1, Attachment 18 Council Packet Page Number 220 of 388 I1, Attachment 18 Council Packet Page Number 221 of 388 I1, Attachment 18 Council Packet Page Number 222 of 388 I1, Attachment 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Packet Page Number 312 of 388 I1, Attachment 19 Council Packet Page Number 313 of 388 I1, Attachment 19 Council Packet Page Number 314 of 388 I1, Attachment 19 Council Packet Page Number 315 of 388 I1, Attachment 19 Council Packet Page Number 316 of 388 I1, Attachment SAINTPAULPOLICEDEPARTMENT Environmental Stewardship and Lead Management Plan Saint Paul Police Department Outdoor Firing Range Maplewood, Minnesota Purpose The purpose of this Environmental Stewardship and Lead Management Plan (the "Plan") is to ensure that the operation of theSaint Paul Police Departmentoutdoor firing range located at 2621 Linwood Avenue is conducted in a manner that protects human health, groundwater, surface water, wildlife, and the environment. Pursuant to Minnesota law, the NRA's Range Source Book: A Guide to Planning and Construction serves as the statutory benchmark for shooting range best practices and performance standards. All Range design, maintenance, berm construction, and projectile containment measures shall be consistent with: Minnesota Statutes Chapter 87A NRA Range Source Book standards EPA Best Management Practices for Lead at Outdoor Shooting Ranges. This Plan is based onand incorporates standards set within Environmental Protection Agency's Best Management Practices for Lead at Outdoor Shooting Ranges, as well as applicable Minnesota Command Intent The Rangeshallbe operated in a manner so as to: 1.Prevent off-site migration of lead. 2.Minimize erosion and stormwater impacts. 3.Periodically recover and recycle lead. 4.Maintain soil conditions that reduce lead mobility. 5.Protect wetlands, groundwater, and surface waters. 6.Maintain records demonstrating environmental stewardship. Impact Berm Management Impact berms bullet containment practices and allow for efficient recovery and recycling of lead projectiles. Impact berms will be maintained to an adequate height and thickness as determined by the police department. Impact berms and adjacent soils shall be evaluated annuallyfor erosion damage, and to ensure a neutral or slightly alkaline pH in the soil. Lead projectiles will not be fired into areas outside established impact berms. Damage due to erosion or other factors will be promptly repaired. Natural vegetation will be removed only as necessary for lead recovery or general maintenance of the property. Council Packet Page Number 317 of 388 I1, Attachment SAINTPAULPOLICEDEPARTMENT 5.Stormwater and Erosion Controls Water movement is a primary mechanism by which lead can migrate. The department will maintain erosion and runoff controlsto prevent the migration of lead away from impact berms. Vegetative Cover Vegetative cover shall be established and maintained between impact berms and any source for the collection of water like a lake, pond, or stream of water. Damage to established vegetative areas will be promptly repaired. Drainage Stormwater shall be directed away from impact berms unless that berm is covered by vegetation. No drainage from gutter or other source of collection will be allowed to discharge directly through an impact bermor into a wetland, drainageway, lake, stream, or stormwater pond. Lead Reclamation and Recycling Program The EPA specifically recommends regular lead reclamation as a key component of environmentally protective Rangemanagement. Lead is a recoverable resource and shall be periodically reclaimed and recycled. Lead recovery shall occur: At leastonceevery tenyearsor after the accumulation of an estimated 75,000 lbsof lead fired into an impact area, whichever occurs first; or, If damage, erosion, engineering evaluation, or natural environmental conditions indicate recovery is warranted. Lead recovery procedures Lead recovery shall be performed by qualified contractors using methods thatmaximize lead recovery, minimize dust generation, minimize disturbance of uncontaminated soilsand, return screened soil to the impact berm,where appropriate. Recovered lead shall be recycled through licensed recycling facilities. And, any reports or receipts produced by the contractor shall be maintained as part the annual range report for that calendar year. The Rangewillmaintain records about lead recovery actions, to include: Datesof recovery, contractor name, amounts of lead recoveredand recycled, the cost of lead reclamation actions, and any revenue generated by the recycling or recovery. This information will be posted on the Police Department website whenever reclamation occurs. Annual Inspection The RangeMaster and Range Sergeant will inspectthe following components of the Range on an annual basis: Impact berms Side berms Drainage features Vegetative cover Erosion conditions Surface water pathways Annual inspection reports will beposted on the Police Department website for public viewing. Council Packet Page Number 318 of 388 I1, Attachment 21 Proposal Firing Range Lead Maintenance Prepared for: St. Paul Police Department 367 Grove Street Saint Paul, MN 55101 Jennifer Corcoran jennifer.corcoran@stpaul.gov Prepared by: Metals Treatment Technologies, LLC 14045 W 66th Avenue Arvada, CO 80004 www.mt2.com 888-435-6645 July 8, 2026 Council Packet Page Number 319 of 388 I1, Attachment 21 Table of Contents 1.0FIRING RANGE LEAD MAINTENANCE............................................................................. 1 1.1 PROJECT DESCRIPTION ....................................................................................... 1 2.0 TECHNICAL APPROACH ..................................................................................................2 3.0PRICING.............................................................................................................................4 3.1 PROJECT APPROACH CLARIFICATIONS AND ASSUMPTIONS .......................... 4 3.2CLIENT RESPONSIBILITIES:................................................................................. 5 3.3 PROJECT SCHEDULE ............................................................................................ 5 4.0MT2 OVERVIEW.................................................................................................................6 4.1 MT2 EXPERIENCE ................................................................................................. 7 Council Packet Page Number 320 of 388 I1, Attachment 21 1.0FIRING RANGE LEAD MAINTENANCE Metals Treatment Technologies, LLC (MT2)proposes to provide firing range lead maintenance services at theSt. Paul Police Department(Customer) firingrangelocated at2621 Linwood AvenueEast, Maplewood, MN 55119. All work will be performed in accordance with applicable Federal, State, and local safety and environmental regulations including US Department of Labor regulations as well as achieving compliance with OSHA, US EPA, State, and NRAand NSSFrecommended firing range environmental Best Management Practices (BMPs). 1.1PROJECTDESCRIPTION Based onthereported range usage,and typical usageat similar ranges, it is reasonable to expect 5 to10 tonsof lead may be recovered and recycled from the backstop berms and apron areas. MT2 has estimated soil quantities for processing pending final specifications. MT2 will excavate and process soil from the backstop berms until lead reclamation becomes economically infeasible and/or 80-90% of lead bullets and bullet fragments (measured as weight percent) are removed. Estimated Project Quantities Berm Est. Cut Est. Soil Berm Face WidthDepth Range/BermVolume Height (ft) (CY) (linear ft) (avg. ft bgs) Range 1 -Impact Berm11510285 Range 2 -Impact Berm8510263 Total148 Site Map Council Packet Page Number 321 of 388 I1, Attachment 21 2.0 TECHNICAL APPROACH Berm ExcavationLead Removal & RecyclingBerm Reconstruction THEMT2LEA D RECLAMATION PROCESS RANGEPROJECTSETUPBYTRAINED & CERTIFIEDCREW:Workcrewmobilizesandsetsupour specialty equipment, sets up lead dust containment and ventilation; walks range with owner to conduct pre-work planning. WORK PROCESS: Reclaim lead, restore traps/berms and clean range. ALL work follows written Health and Safety and Work Plans. We are OSHA/EPA Experts with no violations, and we take no shortcuts. JOB COMPLETION: Finish site work, clean up, containerize, weigh & arrange for transportation of lead drums for recycling and LEGALLY dispose of your lead waste. Optional onsite lead waste treatment with ECOBOND® to ensure you NEVER Generate Hazardous Waste. GUARANTEED! Provide range with detailed log on amount of lead reclaimed and waste. FINAL REPORT (typically 1-2 weeks later): Prepare final report & important records for range to keep, including: waste manifests, lead reclamation certificates, and other important details to support final project completion to protect you & your range if EPA asks for documentation! LEAD PROCEEDS: Supply lead reclamation proceeds check to owner or offset range service costs as per previously approved contract, ensuring no surprises! Or use lead proceeds in the MT2 Firing Range Lead Credit Store with a 16,000+ catalog of premium products from filters to firearms and more! Receive your lead proceeds within 10 days! MT2 will minimize the impact on range operations: By implementing our proven methods of containment and staged remedial activities, your project will be effortlessly scheduled and successfully completed with minimal down-time for your range. BASELINE SERVICES: MT2’s technical approach for firing range lead maintenance includes: Project Setup: o Prepare the following project plans, as needed: Work Plan, Health & Safety Plan, o Complete a site walk-over with Customer representative to identify excavation/processing areas o Establish temporary access, site access control, traffic control, and placing appropriate signage o Set up of processing area and equipment Berm Excavation: Excavate soil from the operating backstop berms Council Packet Page Number 322 of 388 I1, Attachment 21 o Excavate estimated depth of 1.0-2.0 feet of soil from the backstop berms or deeper if concentrations of bullets appear economically feasible to recover at deeper depths Lead Reclamation: Separate lead bullets/bullet fragments from the excavated soils o Separate sand material from bullet and bullet fragments using the EPA-required two-step process MT2’s Separation System is comprised of a multi-tiered screen plant to provide gross separation of sand material from bullets and bullet fragments based on size, and MT2’s proprietary finishing system to finish the separation based on density o Remove 90% (weight percent) lead bullets and bullet fragments greater than ¼” as measured in samples collect before and after screening Lead Recycling: Recycle recovered lead When you use MT2, the Range receives $$ in a check, providing Customer a split of the net value of or as credit at the nation’s leading Firing Range recycled lead as indicated in Section 3.0 Pricing Supply Store with preferred pricing. o Containerize and securely store recovered MT2 has developed a strategic alliance with a national distributor of firearms, ammunition lead for shipment, coordinate and ship the and shooting accessories with a 16,000+ catalog clean recovered lead to a licensed lead of premium firearms & accessories: recycler, providing Customer with necessary o Serves retail gun shops, major sporting documentation to show appropriate goods stores, gun clubs, shooting ranges and government agencies since 1984 recycling o Supplier of nearly 100 of the world’s o MT2 is committed to getting you the premier shooting industry manufacturers absolute highest value for your range lead Berm Reconstruction: Re-install processed soils back onto the firing range berms o Return screened fines to berm of origin o Replace oversize materials to range at a mutually agreed upon location o Perform general site cleanup Demobilization & Final Report:MT2 will develop a range maintenance report to provide the Customer with proper record keeping as recommended by the US EPA, NRA, and NSSF OPTIONAL SERVICES: If requested, MT2 can provide the following optional services; Section 3.0 provides pricing: Environmental Stewardship Planning to NSSF, NRA, and EPA Guidance Standards: Complete an environmental review of the range and prepare a range-specific Environmental Stewardship Plan (ESP) to summarize range conditions and provide BMP recommendations pertaining to range maintenance and operations; this plan will assist the Customer in ensuring compliance with US EPA regulations, as well as shooting range BMPs over the life cycle of the range. Council Packet Page Number 323 of 388 I1, Attachment 21 3.0 PRICING MT2 has developed the followingpricing for lead maintenance services. Baseline Firing Range Lead Maintenance Task QTY Unit Price Upfront Payment: Plans, Mobilization, Site Setup and Lump 1 1 $6,000 PreparationSum Lead Maintenance: Excavation, Lead Recovery, Lead Recycling, Up to Lump 2 Replacement of Screened Soil to Berms, and Berm $34,125 163 CY Sum Reconstruction Final Payment: General site clean-up, Demobilization, and Final 3 - - Included Report Total $38,000 Estimated Lead Recycling Value 5-10$0.65($3,000 - 4 Estimated Client Net Lead Recycling Value 1/ tonsPer lb $6,000) 2/ Optional Services Lump 5 Optional: Environmental Stewardship Plan 1 $7,500 Sum 1/ MT2 owns the recovered lead; MT2 will provide the Client 50% split of the net value of recycled lead. Net value is determined as the recycled value of the material less the same percent of the cost of containers, pallets, handling equipment, transport, and applicable taxes, to be used to offset project costs. MT2 does not guarantee the value or quantity of recovered lead. The actual value of recycled lead will be determined at the time of recycling. The Estimated Lead Recycling Credit is based on a reasonable estimate of the amount of recoverable lead and current lead recycle value per pound 2/ Pricing for optional tasks is valid if performed at the time of lead maintenance tasks, no field investigations are included with the ESP preparation 3.1PROJECT APPROACH CLARIFICATIONS AND ASSUMPTIONS (applicable if marked ) Pricing based on standard workdays (0700-1700 M-F). Stormwater Pollution Prevention Plan (SWPPP) is is not required. Plans and Permitting. MT2 is responsible for, and pricing only includes: Work Plan & HASP Customer will provide MT2 access to nearby water source (e.g. hydrant) and pay for water and associated items such as permit/meter/hose as needed. MT2 will utilize a water truck or trailer to provide dust suppression sprinkling as needed during excavation and separation operations. Pricing does not include management of live ammunition, only spent rounds. If live ammunition is discovered, it will be left onsite for Customer to manage. If applicable MT2 will use appropriately-sizedand/or rubber tire equipment and use caution to work around existing range appurtenances with limited access (e.g. backstop berm soils imposed by range knee walls, target systems, overhead baffles, and sidewalls). MT2 will not be responsible for damage to the range, range equipment, or appurtenances should damage occur during processing. Measurement of quantities will be based field measurement each day; signed-off daily by MT2 and Customer; and recorded in daily project log MT2 will perform dry decontamination of equipment before demobilization. Council Packet Page Number 324 of 388 I1, Attachment 21 MT2 pricing includes:Prevailing Wage RatesBonding Retainage Liquidated Damages Pricing is based on fuel charges not exceeding $6/gal on diesel and $5/gal on gasoline based on the U.S. Energy Information Administration (USEIA) conglomerated “U.S” price (https://www.eia.gov/petroleum/gasdiesel/listed). If the USEIA price of fuel is higher than these rates at time of service, MT2 reserves the right to negotiate a fuel surcharge MT2 pricing is subject to MT2 review and approval of final contract terms and conditions. MT2 pricing valid for 90 days. This Agreement is valid for one (1) year from the date the Agreement is last signed by both Parties. This Agreement may be extended upon mutual agreement by Contractor and Customer to allow for optional continued services for up to three (3) years. Should the Customer no longer need this service or not have appropriated funds, this Agreement can be terminated. MT2 shall not be responsible for nor have any liability for any damages, injuries or hazards derived from the shooting range operations or from the act of shooting at the shooting range to include but not be limited to bullet or fragment ricochets, or for bullets or shot leaving range containment. Assumes existing concreteis structurally sound and free of hidden defects. MT2 is not responsible for damage resulting from pre-existing conditions, insufficient reinforcement, or undocumented prior repairs. Concrete damage incidental to the scope of work using industry standard methods is considered inherent to the work and not negligence. When applicable, MT2 will include concrete protection within the project plan; if additional protection is needed, or repairs are required, MT2 will invoice at Cost + 10% 3.2CLIENT RESPONSIBILITIES: Obtain necessary approvals/permits Ensure MT2 safe access to the range site Complete utility locates and identify any potentially impacted utilities, drainage systems, etc. Remove range equipment, vegetation and materials such as timbers, scrap piles, material piles, fencing, concrete slabs, asphalt, and large debris from the lead-impacted soils area Protect or remove knee walls; Remove target stands/systems, if applicable Customer to provide Upfront Payment prior to MT2 mobilization, if required above, prior to MT2 mobilization. Progress Payment(s) and Final Payment due Net 30 days upon receipt of MT2 invoice. If Customer payment is late, Customer agrees to pay an additional 1.5% per month on the account and all collection fees for any past due amount owed to MT2. MT2 Final Invoice will be submitted to the Customer along with the Range Maintenance Report and Lead Recycling Certificates. Replace knee walls, target stands/systems Re-seed or re-vegetation of the site, as applicable 3.3PROJECT SCHEDULE Project schedule depends on “dry” conditions prior to and during onsite operations. MT2 will coordinate arrival with the Customer to identify a time when dry conditions exist 1-2 weeks prior to arrival and followed by anticipated dry conditions. MT2 can begin this project as early as Fall 2026 weather permitting. Contract work time shall be extended as necessary to allow for completion due to wet weather impacts. Council Packet Page Number 325 of 388 I1, Attachment 21 4.0 MT2 OVERVIEW Experience you can trust! MT2 is the #1 and largest nationwide MT2 is the Nation’s #1 and largest professional firing range lead reclamation, maintenance, nationwide professional firing cleaning & construction contractor. We offer a wide range of range services provider outdoor firing range services from routine range maintenance, >25 years’ experience cleaning, lead/brass reclamation, and recycling, to trap > 3,000 firing range projects nationwide reconstruction, soil stabilization, all the way to remediation Lead Recovery of > 15,000,000 lbs and closure, to best serve your range needs. Our personnel this expertise have on average 24 years industry experience – MT2 exclusively guarantees to pay the highest percent of LME lead value– we saves time and money for our customers since there will be no have credited > $5,600,000 to range learning curve that may be incurred by less experienced firms. owners from lead recycling MT2 staff maintain applicable certifications (e.g. OSHA Maintenance, renovation, construction, HAZWOPER) and licensing. Design/Build, improvements, soil treatment, and closure MT2 is the #1 Largest Nationwide Professional Firing Range Lead Reclamation, Maintenance, Cleaning & Construction Successful ECOBOND® treatment of > 10,000,000 tons of lead impacted Contractor Specializing In: soils/waste o Lead: Treatment, Screening & Reclamation to MAXIMIZE Your Lead Value o Environmental: EPA & OSHA Consulting, Remediation, Soil/Waste Treatment, and Closure o Maintenance: Soil and Rubber Berms, Traps, Lead Remediation, and Range Improvements o Construction: Renovation, Design/Build, Improvements, Dismantling/Demolition MT2 is the Only Nationwide Firing Range Services Provider: MT2 operates from our network of regional offices and offers full 50 state coverage with OSHA-certified work teams to provide fast, professional service to fulfill your project needs and schedule. MT2 has completed over 3,000 firing range projects nationwide Lead Removal & Recycling – MT2 exclusively guarantees the highest value for your range lead: MT2 has performed lead reclamation in all 50 states nationwide to remove and recycle over 15,000,000 lbs. of lead. To maximize lead recovery, MT2 uses our proprietary lead separation systems to separate lead from soils based on size, and “finish” the process by separating lead from like-size materials based on density. MT2 guarantees to pay the highest percent of LME lead value– we have credited > $5,600,000 to range owners from lead recycling. Lead Recycling Credit Options: MT2 guarantees to pay the highest percent of LME lead value. MT2 is committed to getting you the absolute highest value for your range lead so we offer the opportunity to LOCK IN the lead credit value at: 1) The time of contracting or 2) When we arrive onsite and package the When you use our National Service Team to generate maximum lead recycling lead - You are in control! credit, the Range receives $$ in a check, or as credit at the nation’s leading Firing Range Supply Store with preferred pricing. MT2 has developed a strategic alliance with a national distributor of firearms, ammunition and shooting accessories with a 16,000+ catalog of premium firearms & accessories, they have served retail gun shops, major sporting goods stores, gun clubs, shooting ranges and government agencies since 1984; and are a supplier of nearly 100 of the world’s premier shooting industry manufacturers. You are not limited to using your lead credit for only bullets or targets and we have negotiated highly preferred pricing for you from filters to firearms. Exclusive Lead-Contaminated Soil and Waste Treatment: MT2 utilizes our exclusive patented and proprietary ECOBOND® technology to treat lead-impacted soils/waste during lead maintenance projects to save an average of 50% on waste disposal or to mitigate potential physical, occupational, and environmental hazards associated with high concentrations of lead in range soils; as well as achieve compliance with OSHA, US EPA, State, and NRA and NSSF recommended firing range environmental Best Council Packet Page Number 326 of 388 I1, Attachment 21 Management Practices (BMPs). ECOBOND® is regularly approved and even specified for use by US EPA and state regulatory agencies. MT2’s Liability Defender Compliance & Performance Promise: Your choice of a lead reclamation contractor could expose your range to US EPA hazardous waste fines up to $50,000 per day (penalties double for subsequent violations) and potential criminal charges. A range owner ALWAYS retains responsibility for ALL lead waste and materials derived from their range even if it is their chosen contractor that improperly handles, transports, or disposes of the lead waste. Environmental Stewardship Planning: MT2 has extensive experience assisting range owners understand and meet recommended firing range Best Management Practices including the development of 100’s of site-specific Environmental Stewardship Plans to NSSF, NRA, and EPA guidance standards. Firing Range Design and Construction: With over 20 years’ experience, MT2 is a fully integrated professional and technical services firm positioned to design and build projects nationwide for public and private sector clients. MT2 was recently recognized as an Inc. 5,000 fastest growing company and is the ONLY contractor who is the premier all-in-one solution for firing range assessment, and lead maintenance and reclamation who also provides the fully integrated combination of design and build construction services. With our knowledge of federal, state, and local compliance orders, as well as technical and US EPA RCRA requirements, we can manage, monitor, and inspect progress to ensure services are preformed to necessary standards. 4.1MT2 EXPERIENCE MT2 brings extensive experience in firing range lead removal, contaminated soil stabilization, environmental remediation, permitting, and project management for a broad range of government, commercial, industrial, municipal and engineering clients. Our key project personnel have an average of 20 years of relevant experience. With a staff of engineers, chemists, scientists, technicians, equipment operators, supervisors, project managers and management specialists, MT2 delivers quality work completed safely, on time and within budget. MT2 personnel routinely deliver turnkey deployment, including baseline sampling and characterization, treatment optimization, field operations and management and final report preparation. Council Packet Page Number 327 of 388 I1, Attachment 22 Council Packet Page Number 328 of 388 I1, Attachment 22 Council Packet Page Number 329 of 388 I1, Attachment 22 Council Packet Page Number 330 of 388 I1, Attachment 22 Council Packet Page Number 331 of 388 I1, Attachment 22 Council Packet Page Number 332 of 388 I1, Attachment 22 Council Packet Page Number 333 of 388 I1, Attachment 22 Council Packet Page Number 334 of 388 I1, Attachment 22 Council Packet Page Number 335 of 388 I1, Attachment 22 Council Packet Page Number 336 of 388 I1, Attachment 22 Council Packet Page Number 337 of 388 I1, Attachment 22 Council Packet Page Number 338 of 388 I1, Attachment 22 Council Packet Page Number 339 of 388 I1, Attachment 22 Council Packet Page Number 340 of 388 I1, Attachment 22 Council Packet Page Number 341 of 388 I1, Attachment 22 Council Packet Page Number 342 of 388 I1, Attachment 22 Council Packet Page Number 343 of 388 I1, Attachment 22 Council Packet Page Number 344 of 388 I1, Attachment 22 Council Packet Page Number 345 of 388 I1, Attachment 22 Council Packet Page Number 346 of 388 I1, Attachment 22 Council Packet Page Number 347 of 388 I1, Attachment 22 Council Packet Page Number 348 of 388 I1, Attachment 22 Council Packet Page Number 349 of 388 I1, Attachment 22 Council Packet Page Number 350 of 388 I1, Attachment 22 Council Packet Page Number 351 of 388 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 352 of 388 J1 CITY COUNCIL STAFF REPORT Meeting Date August 24, 2026 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director PRESENTER:Steven Love, Public Works Director AGENDA ITEM: Joint Powers Agreement with the City of Newport forBailey Court Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Summary: As part of a new development in the City of Newport, a new street, Bailey Court, will be constructed along the border between the cities of Maplewood and Newport. The city council will consider entering into a Joint Powers Agreement (JPA) with the City of Newport to formalize the ownership and maintenance of Bailey Court. Recommended Action: Motion to approve the joint powers agreement with the City of Newport for Bailey Court and direct the mayor and the city manager to sign the agreement. Minor revisions as approved by the city attorney are authorized as needed. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $1,000 per year. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Maplewood will pay Newport $1,000 per year for annual maintenance of Bailey Court, funded through the Street Revitalization Fund (SRF). Strategic Plan Relevance: Safety Maintain and enhance infrastructure and environmental systems Sustainability Development Background: Bailey Court is a new road to be built as part of a development in Newport. The road’s centerline will follow the border between the cities and will extend approximately 1,400 feet north of Bailey Road. In the future, Bailey Court will provide access to the portion of the Bailey property that lies within Maplewood (see attached location map). Council Packet Page Number 353 of 388 J1 The cities of Maplewood and Newport have prepared a JPA thatformalizes each city's roles and responsibilities for the ownership, operation, maintenance, financial obligations, and liability associated with Bailey Court. Below is a summary of the JPA's maintenance responsibilities and cost shares: Routine maintenance performed by Newport o Type of work Snow plowing Tree trimming Pothole patching o Cost share Maplewood: $1,000 paid per year to Newport Funding: SRF fund Major maintenance completed as a joint city project o Type of work Crack filling or chip sealing Widening Reconstruction Rehabilitation o Cost share Cost split equally between the cities Attachments: 1. Location Map 2. Joint Powers Agreement Council Packet Page Number 354 of 388 J1, Attachment 1 Council Packet Page Number 355 of 388 J1, Attachment 2 T POWERS AGREEMENT BETWEEN JOIN THE CITY OF MAPLEWOOD AND THE CITY OF NEWPORT FOR JOINT RESPONSIBILITIES OF BAILEY COURT NORTH This Agreement is made by and between the City of Newport (“Newport”), a Minnesota municipal corporation and the City of Maplewood (“Maplewood”), a Minnesota municipal corporation, referred to individually as a “Party” or collectively as the “Parties” or the “Cities”. WHEREAS, under Minn. Stat. §471.59, the Parties are empowered to engage in such agreements as are necessary to exercise their powers; and WHEREAS, Newport and Maplewood are political subdivisions of the State of Minnesota with the authority to construct, improve, manage and pay for rights of way and other public improvements, as provided by law; and WHEREAS, Newport and Maplewood jointly own a segment of the road that is identified as Bailey Court North, which runs north along the boundary between the Cities for 1,340 feet from Bailey Road (CSAH18) before terminating at a cul-de-sac (the “Road”); and WHEREAS, the Road may extend north along a shared boundary between the City of Maplewood and the City of Woodbury, and WHEREAS, the Parties desire to identify the roles, responsibilities and division of costs between the Parties regarding only this shared segment of the Road within and along the Maplewood/Newport municipal boundary. NOW THEREFORE, for mutual consideration, the receipt of which the Parties hereby acknowledge, the Parties agree as follows: se. 1.Purpo The purpose of this Agreement is to set forth the terms and conditions between Newport and Maplewood regarding the responsibilities for the Road. 2.Term of Agreement A.Effective Date. The Effective Date of the Agreement is the last date the Agreement is signed by both Parties. B.Termination. This Agreement may be terminated by: i.mutual written agreement of the Parties; or 1 MA745-2-1111478.v2 Council Packet Page Number 356 of 388 J1, Attachment 2 ii. upon 180 days’ written notice by one Party to the other Party, provided that the Party proposing to terminate this Agreement must include a proposed alternative shared road agreement with its notice to terminate. The Parties agree to work in good faith to negotiate the terms of a new agreement prior to the termination of this Agreement for a period of 60 days, and if no new agreement is reached, this Agreement shall not terminate. 3. Right of Entry Each Party hereby grants the other and to its employees, agents and contractors’ access to the Road and adjacent rights of way for the purpose of fulfilling each Party’s obligations under this Agreement. 4. Road Responsibilities A. Newport shall be responsible for conducting snow plowing, tree trimming, pothole patching, and other minor maintenance of the Road as depicted on Exhibit A (“Minor Maintenance”). B.The Parties shall equally share the cost of any crack filling or chip sealing required to maintain the Road and shall provide the other Party at least three (3) months’ notice of the proposed project and obtain its written agreement to the cost share before undertaking the project. C. The Parties shall equally share the cost of any major maintenance, widening, rebuilding, improvements, or rehabilitation, including a mill and overlay or replacement of the Road (“Major Maintenance”). If either Party proposes to improve the Road through Major Maintenance or any other activity not addressed in this Agreement with the expectation that the other Party will share in the costs of the Major Maintenance project, the Party proposing the project shall provide the other Party at least 12 months’ notice of the proposed project and obtain its written agreement to the cost share before undertaking the project. The written cost share agreement shall identify the scope of the project and shall identify which party will be responsible for letting the contract and for otherwise undertaking the project. Nothing in this Agreement shall limit or prohibit either Party from undertaking an improvement project on the Road, provided the work is done at its own costs, does not damage the Road, and does not interfere with the terms or purposes of this Agreement. Any improvement project involving special assessments of owners in both communities, or similar process of charging for the project costs, shall require the prior mutual written agreement of the Parties. D. The Parties agree to make a good faith effort to resolve any differences regarding the need, scope or other aspects of any proposed project. If good faith discussions fail to resolve the matter, the dispute resolution provisions of section 15 of this Agreement shall be used. 2 MA745-2-1111478.v2 Council Packet Page Number 357 of 388 J1, Attachment 2 5. Maintenance Costs and Payment a. Maplewood agrees topay Newport $1,000.00 annually, to be paid to Newport no later than January 31 each year during the term of this Agreement, for all Minor Maintenance work conducted by Newport City staff. This charge shall be considered delinquent upon the failure to pay this amount by the date specified herein and will bear the interest rate of eight percent (8%) per annum, or the maximum rate allowed by law, whichever is less. b. Newport and Maplewood shall share equal financial responsibility for the costs of all maintenance as further described in Paragraphs 4.B and 4.C of this Agreement or a subsequent written cost share agreement for a Major Maintenance project. c. When costs are incurred by either Party in the performance of their obligations as described in Paragraph 4.B or 4.C, the total costs incurred shall be shared evenly between the parties, unless otherwise agreed to in writing. The Party which has incurred costs in the performance of its obligations pursuant to Paragraphs 4.B or 4.C of this Agreement shall provide the other Party with an invoice for 50% of the costs incurred in the performance of such obligations. Payment shall be made within thirty (30) days of its receipt thereof. Charges not paid by the end of the thirty-day period are considered delinquent and will bear the interest rate of eight percent (8%) per annum, or the maximum rate allowed by law, whichever is less. 6. Failure to Adequately Maintain Should either Party, after being notified in writing, fail to adequately maintain the Road which that Party has agreed to maintain pursuant to this Agreement, the other Party may perform such work or cause it to be performed to properly and adequately maintain the Road. The costs of maintenance undertaken by either Party pursuant to this Paragraph shall be shared in accordance with the terms set forth in Paragraphs 4 and 5. 7. Public Outreach The Parties will coordinate any public meetings and public outreach that may be necessary to ensure residents are properly informed of any maintenance or improvements to the Road. 8. Authorized Representatives A. Maplewood’s authorized representative is: Michael Sable, City Manager 1830 County Road B E Maplewood, MN 55109 Email: Michael.Sable@MaplewoodMN.gov 3 MA745-2-1111478.v2 Council Packet Page Number 358 of 388 J1, Attachment 2 B. Newport’s authorized representative is: Joe Hatch, City Administrator st 2060 – 1 Avenue Newport, MN 55055 Email: jhatch@newportmn.gov The above individuals’ successors as City Manager or City Administrator will automatically become the respective Party’s representative. Any notice to be given under this Agreement shall be effective if delivered by certified or registered U.S. Mail, postage prepaid or hand delivered to the Party’s authorized representative. 9. Assignment Neither Party shall assign or transfer any rights or obligations under this Agreement without the prior written consent of the other Party. 10. Amendment Any amendments to this Agreement must be in writing and will not be effective until it has been executed and approved by both Parties. 11. Waiver If either Party fails to enforce any provision of this Agreement, that failure does not waive the provision or that Party’s right to enforce it thereafter. 12. Liability The undersigned Parties agree to defend, indemnify, and hold each other harmless from and against all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the other Party’s employees or agents. The Minnesota Tort Claims Act, Minnesota Statutes, Chapter 466, governs the Parties’ liability. Nothing in this Agreement is intended to waive or limit the provisions of the Tort Claims Act. The total liability of all third-party claims arising out of a single occurrence shall not exceed the limit set forth for each Party. The limits of liability for the undersigned Parties may not be added together to determine the maximum amount of liability for any one party. The intent of this Paragraph is to impose on each Party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes, Chapter 466. 4 MA745-2-1111478.v2 Council Packet Page Number 359 of 388 J1, Attachment 2 13. Insurance Each Party agrees to maintain insurance in an amount consistent with Minnesota Statutes, Chapter 466. Each Party will maintain workers’ compensation insurance or self-insurance coverage, covering its own personnel while they are providing any services pursuant to this Agreement. Each Party waives the right to sue any other Party for any workers’ compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. 14. Status of Employees Any and all employees of Newport, while engaged in the performance of any work or service under this Agreement, will be considered employees of Newport only and not of Maplewood, and any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act, of said employees, will be the sole obligation of Newport. Any and all employees of the Maplewood, while engaged in the performance of any work or service which Maplewood is specifically required to perform under this Agreement, will be considered employees of Maplewood only and not of Newport, and any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said Maplewood employees while so engaged and any and all claims made by any third parties as a consequence of any act of said employees, will be the sole obligation of Maplewood. 15. Dispute Resolution If a good faith to attempt to resolve a dispute that may arise over the operation, maintenance, or costs of maintenance related to the Road, the Parties agree to mediation in accordance with Minnesota Statutes, sections 572.31 to 572.46, the Minnesota Civil Mediation Act. If mediation fails, the Parties may consider arbitration in accordance with the rules of the American Arbitration Association. 16. Attorneys' Fees If either Party commences an action against the other Party to enforce any of the terms of this Agreement or because of the breach by the other Party of any of the terms hereof, the losing or defaulting Party shall pay to the prevailing Party such Party's reasonable attorney's fees, costs, and expenses incurred in connection with the prosecution or defense of such action. 17. Government Data Practices The Parties agree to comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 5 MA745-2-1111478.v2 Council Packet Page Number 360 of 388 J1, Attachment 2 18. Records—Availability and Retention Pursuant to Minn. Stat. § 16C.05, subd. 5, the Parties agree that either Party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Party and involve transactions relating to this Agreement. 19. Severability The provisions of this Agreement shall be severable. If any part of this Agreement is rendered void, invalid or unenforceable, it shall not affect the validity and enforceability of the remainder of this Agreement. 20. Survival of Terms and Guarantees All covenants, indemnities, guarantees, releases, representations and warranties by any Party or Parties, and any undischarged obligations of the Partiesarising prior to the expiration or termination of this Agreement, shall survive such expiration. 21. Entire Agreement These terms and conditions constitute the entire Agreement between the Parties regarding the subject matter hereof. All discussions and negotiations are deemed merged in this Agreement. 22. Counterparts This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. \[Remainder of Page Intentionally Blank\] 6 MA745-2-1111478.v2 Council Packet Page Number 361 of 388 J1, Attachment 2 MAPLEWOOD CITY OF Marylee Abrams, Mayor Michael Sable, City Manager Date STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) On this day of , 2026, before me a Notary Public within and for said County, personally appeared and Marylee Abrams and Michael Sable to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Manager of the City of Maplewood, the municipality named in the foregoing instrument, and that the said instrument was signed in behalf of said municipality by authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of said municipality. Notary Public 7 MA745-2-1111478.v2 Council Packet Page Number 362 of 388 J1, Attachment 2 CITY OF NEWPORT Laurie Elliott Mayor Joe Hatch City Administrator Date STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2026, before me a Notary Public within and for said County, personally appeared Laurie Elliott and Joe Hatch to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Administrator of the City of Newport, the municipality named in the foregoing instrument, and that the said instrument was signed in behalf of said municipality by authority of its City Council and said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said municipality. Notary Public 8 MA745-2-1111478.v2 Council Packet Page Number 363 of 388 J1, Attachment 2 EXHIBIT A 9 MA745-2-1111478.v2 Council Packet Page Number 364 of 388 J2 CITY COUNCIL STAFF REPORT Meeting Date August 24, 2026 REPORT TO: Michael Sable, City Manager REPORT FROM: Michael Martin, Assistant Community and Economic Development Director PRESENTER:Danette Parr, Community and Economic Development Director AGENDA ITEM: Agreement Between the City of Maplewood and Hoisington Koegler Group, Inc. for Services Pertaining to 2050 Comprehensive Plan Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Summary: Every ten years, all Twin Cities metro communities are required to update its comprehensive plan to ensure compatibility with the plans adopted by the Metropolitan Council. Chapters and areas of focus include land use, housing, economic development, sustainability, parks, natural resources, transportation, surface water, sanitary sewer and water supply. This summer the city issued a request for proposals to seek qualified consulting firms to guide the city through its update process. The city received three proposals. After reviewing and considering all submittals, staff is recommending the city enter into an agreement with Hoisington Koegler Group, Inc. (HKGi) for services pertaining to the 2050 Comprehensive Plan. Recommended Action: Motion to approve and authorize the mayor and city manager to execute an agreement with HKGi to provide the city with comprehensive planning services in order to complete the required 2050 Comprehensive Plan. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $343,100 with an additional $15,000 held as a contingency fund. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: SafetyMaintain and enhance infrastructure and environmental systems Sustainability Cultivate a connected, engaged community Development Grow a vibrant and resilient business community The comprehensive plan will produce planning guidance and policies in several areas related to land use, environment and sustainability and infrastructure systems while conducting a robust public engagement process. Council Packet Page Number 365 of 388 J2 Background: The city's current 2040 Comprehensive Plan was adopted by the city council on September 9, 2019. As required by state law and the Metropolitan Council's Imagine 2050 policy plan, Maplewood must update its comprehensive plan for the 2050 planning cycle, incorporating current demographics, development patterns, infrastructure needs and strategic priorities. Below is outline of the proposed planning process. Work Plan HKGi's proposed work plan is organized into seven tasks: Task 1 - Take the Pulse: establish the foundation for the plan, including base mapping, updated demographics, a baseline market analysis, and the first round of community engagement. Task 2 - Shape the Plan: identify issues, opportunities, and areas of change, and develop updated goals, policies, and actions, including new Metropolitan Council requirements related to climate and natural systems. Task 3 - Prepare the Plan: prepare Draft 1 and Draft 2 of the 2050 Comprehensive Plan in collaboration with staff, informed by the third round of community engagement. Task 4 - Seek Approvals: conduct the Planning Commission public hearing and present the plan to the City Council for authorization to distribute it to adjacent and affected agencies. Task 5 - Distribute the Plan for 6-Month Review: distribute the plan to adjacent and affected jurisdictions and submit it to the Metropolitan Council for preliminary review. Task 6 - Facilitate Metropolitan Council Review: submit the plan for formal Metropolitan Council review and revise as needed to address completeness issues. Task 7 - Adopt the Plan: support final City Council adoption and submit the adopted plan and required documentation to the Metropolitan Council. Kimley-Horn will lead the transportation, surface water, wastewater, and water supply components of the plan in close coordination with HKGi and city staff. Community Engagement HKGi's work plan proposes three rounds of community engagement to ensure citizen input is embedded throughout the plan. The three rounds include: Round 1 - Inform and Listen: launches the process and gathers initial input on community values, concerns and priorities through four pop-up events, website and video content and a public-facing interactive engagement tool. Round 2 - Build Consensus on Key Directions: gathers input from the community and targeted stakeholders on key plan directions through stakeholder meetings and continued online engagement. Council Packet Page Number 366 of 388 J2 Round 3 - Review of Draft Plan: presents the preferred draft plan direction for public comment through open house and stakeholder meetings and online posting, seeking the highest level of shared support for plan directions. HKGi will use PublicCoordinate, an interactive mapping tool, to collect map-based feedback on plan elements and land use alternatives and will develop short video content to communicate key topics to a broad audience. In addition to the base fee for producing the updated plan, staff recommends the council approve an additional $15,000 to be used if more engagement activities are deemed to be needed. This contingency fund is included in the language of the agreement. Schedule HKGi's work plan proposes the following schedule, spanning from fall 2026 to early 2028: September 2026 – Project kick-off with staff October 2026 – Kick-off with city council and planning commission Spring 2027 – Draft plan presented to city council Late spring/early summer 2027 – Plan submitted for required six-month adjacent and affected jurisdiction review December 2027 – Submitted to the Metropolitan Council for formal review Early 2028 – Back to city council for final adoption Attachments: 1.Agreement Between the City of Maplewood and Hoisington Koegler Group, Inc. for Services Pertaining to 2050 Comprehensive Plan Council Packet Page Number 367 of 388 J2, Attachment 1 August 18, 2026 Michael A. Martin City of Maplewood 1830 County Road B E Maplewood, MN 55109 RE: AN AGREEMENT BETWEEN CITY OF MAPLEWOOD AND HOISINGTON KOEGLER GROUP INC. FOR SERVICES PERTAINING TO 2050 COMPREHENSIVE PLAN Dear CLIENT; This letter outlines a Scope of Services, Fee Schedule and other elements which together constitute an agreement between the City of Maplewood hereinafter referred to as the CLIENT, and Hoisington Koegler Group Inc., hereinafter referred to as the CONSULTANT for 2050 Comprehensive Plan, hereinafter referred to as the PROJECT. The CLIENT and CONSULTANT agree as set forth below: A.BASIC SERVICES The CONSULTANT’S basic services for the PROJECT are as provided in Attachment A Work Program. B.ADDITIONAL SERVICES The CONSULTANT and the CLIENT may agree in writing to amend this Contract for additional services related to the PROJECT and compensation for such services. The following services have not been requested by the CLIENT but are available upon written authorization. 1. 2. C.FEES FOR PROFESSIONAL SERVICES The CONSULTANT agrees to complete the scope of work contained in Paragraph A in exchange for professional fee compensation as noted below. The CLIENT agrees to pay the CONSULTANT for PROJECT services rendered as follows: 1.For the CONSULTANT’S Basic Services described in Paragraph A above, a fee based on the CONSULTANT’S current hourly rate schedule (see Attachment B) not-to-exceed three hundred forty three thousand one hundred dollar inclusive of expenses as noted in Paragraph A. Council Packet Page Number 368 of 388 J2, Attachment 1 2.T expended until written approval is provided by the CLIENT Project Manager. The contingency is intended to address project needs such as, but not limited to, expanded community engagement to reach target populations, additional revisions needed to meet Metropolitan preparation of additional content to meet CLIENT needs. 3.For the CONSULTANT’S Additional Services described in Paragraph B, a fee based on the CONSULTANT’S current hourly rate schedule plus incidental expenses or a negotiated fee. 4.Invoices will be submitted electronically (PDF form) to the CLIENT via email on a monthly basis as work is completed and shall be payable within 30 days in accordance with this Agreement. 5.The CONSULTANT reserves the right to suspend services if the CLIENT is delinquent in making payments in accordance with this Agreement. D. CLIENT’S RESPONSIBILITY The CLIENT shall be responsible for the following: 1. pertinent plans, aerial photographs, base maps, inventory data, available GIS mapping, limited to those that are reasonably available. 2. 3.Reproduction and distribution of Project reports as deemed necessary and not otherwise 4.Participation in staff meetings. 5.. 6.Coordination for and assistance with communication efforts. 7.Review of draft documents. E. INSURANCE CONSULTANT shall maintain insurance of the kind and in the amounts shown below for the life of the employees, agents and representatives are Additional Insureds. The CLIENT reserves the right to review CONSULTANT’s insurance policies at any time to verify that contractual requirements have been met. 1.Commercial General Liability Insurance Council Packet Page Number 369 of 388 J2, Attachment 1 $2,000,000 per occurrence $3,000,000 general aggregate $300,000 damage to rented premises $15,000 medical expenses 2.Umbrella Liability $1,000,000 per occurrence $1,000,000 general aggregate $10,000 self-insured retention 3.Worker’s Compensation and Employer’s Liability a.Worker’s Compensation per Minnesota Statutes b.Employer’s Liability $500,000 per accident; $500,000 per employee; $500,000 per disease policy limit. 4.Professional Liability Insurance $2,000,000 per claim $4,000,000 annual aggregate F. COMPLETION SCHEDULE The services of the CONSULTANT will begin upon CLIENT approval and will, absent of causes beyond the control of the CONSULTANT, be completed within twenty-two months of the date that the CLIENT issues a notice to proceed. The notice to proceed shall come from an authorized representative of the City. G. SUB-CONSULTANTS To complete aspects of the PROJECT as described in the Exhibit A, the CONSULTANT will retain the services of Kimley Horn. The CONSULTANT shall not add any Sub-Consultants without written consent from the CLIENT H. NONDISCRIMINATION The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position, of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. Council Packet Page Number 370 of 388 J2, Attachment 1 I. EQUAL OPPORTUNITY During the performance of this Contract, the CONSULTANT, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT shall post in conspicuous places available to employees and applicants for employment notices to be provided by the Government setting forth applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The CONSULTANT shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. J. INDEMNIFICATION CLIENT and CONSULTANT agree to indemnify and hold the other harmless, and their respective damages, and expenses, including reasonable attorneys fees, to the extent such claims, losses, damages or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of the CLIENT and CONSULTANT, they shall be borne by each party in proportion to its negligence K. TERM, TERMINATION, SUCCESSORS AND/OR ASSIGNS 1.The Term of this Agreement shall be concurrent with the work authorized and shall be in accordance with the schedule to be established between the CLIENT and the CONSULTANT. 2.Either party may terminate this Agreement by written notice to the other party at its address 3.Neither the CLIENT nor the CONSULTANT shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. 4.The time schedule shall not apply and/or time extensions will be allowed for any circumstances beyond the control of the CONSULTANT. 5.This Agreement shall be governed by all applicable laws. Council Packet Page Number 371 of 388 J2, Attachment 1 6.Upon termination, Consultant shall be entitled to fees earned through the effective date of termination. L. DISPUTES In the event the CLIENT and CONSULTANT are unable to reach agreement under the terms of this contract, disputes shall be resolved using alternative dispute resolution (ADR). M. REVOCATION If this agreement is not signed and accepted by both parties within 90 days of the contract date, it shall become null and void. N. AUTHORIZATION IN WITNESS WHEREOF, The CLIENT and the CONSULTANT have made and executed this Agreement for Professional Services, This day of , 2026 CLIENT City of Maplewood Name Title Name Title Council Packet Page Number 372 of 388 J2, Attachment 1 CONSULTANT Hoisington Koegler Group Inc. 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8/24/2026 Agenda Item J2, Additional Attachment Housing SustainabilityWater Supply Surface Water Natural Resources Parks Land Use Transportation Sanitary Sewer Economic Development Plan Chapters & Focus Areas /µ¤±µ¨¤¶ 0« #®¬¯±¤§¤²¨µ¤ ΑΏΔΏ Every 10 years, all Twin Cities metro communities must update comprehensive plans to ensure compatibility with regional policies adopted by the Metropolitan CouncilThis summer, the city issued an RFP and received three proposals. After review, staff recommends the city enter into an agreement with Hoisington Koegler Group, Inc. (HKGi) for the 2050 Comprehensive Plan For the permanent record: Meeting Date: 8/24/2026 Agenda Item J2, Additional Attachment Γ Seek Approvals Planning Commission hearing; City Council authorization Parallel Track Infrastructure chapters (transportation, surface water, wastewater, water supply) are developed by Kimley-Horn ƷŷƩƚǒŭŷƚǒƷ ğƭƉƭ ЊΑА͵ 0« ΒΖ Prepare the Plan Draft 1 & Draft 2 in collaboration with staffRound 3 engagement Adopt the Plan Final City Council adoption; submit to Metropolitan Council 7®±ª 0« ΑΕ Shape the Plan Issues, opportunities, goals & policies, climate requirements Round 2 engagement Met Council Review Formal review; revise to address completeness issues #®¬¯±¤§¤²¨µ¤ ΐΔ Take the Pulse Base mapping, demographics, market analysisRound 1 engagement Distribute for Review 6-month adjacent/affected jurisdiction & Met Council review ΑΏΔΏ For the permanent record: Meeting Date: 8/24/2026 Agenda Item J2, Additional Attachment $± ¥³ ®¥ Round 3 2¤µ¨¤¶0« Open house and stakeholder meetings plus online posting to present the preferred draft direction and seek shared support. %¦ ¦¤¬¤³ ® 0´¡«¨¢ map-based feedback on plan elements and Round 2 #®²¤²´² $¨±¤¢³¨®² translation and ADA web accessibility 0« "´¨«£+¤¸Stakeholder meetings and continued online engagement to test key plan directions with the community and targeted stakeholders. ,¨²³¤ Round 1 lj #®¬¯±¤§¤²¨µ¤Engagement Tool: PublicCoordinatecollects land use alternatives, with language )¥®±¬Pop-up events, website & video content, and a public-facing interactive engagement tool to gather initial values, concerns and priorities. ΑΏΔΏ For the permanent record: Meeting Date: 8/24/2026 Agenda Item J2, Additional Attachment 3¢§¤£´«¤ 0±®©¤¢³ 0« Project kick-off with staffKick-off with city council and planning commissionDraft plan presented to city councilPlan submitted for 6-month adjacent and affected jurisdiction reviewSubmitted to Metropolitan Council for formal reviewBack to city council for final adoption #®¬¯±¤§¤²¨µ¤ Oct 2026 Dec 2027 Sept 2026 Early 2028 Spring 2027 Summer 2027 ΑΏΔΏ Late Spring / Early For the permanent record: Meeting Date: 8/24/2026 Agenda Item J2, Additional Attachment ȟ2¤¢®¬¬¤£ ³¨® 0« #®¬¯±¤§¤²¨µ¤ ΑΏΔΏ