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HomeMy WebLinkAbout2023-06-26 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 26, 2023 City Hall, Council Chambers Meeting No. 12-23 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. June 12, 2023 City Council Workshop Meeting Minutes 2. June 12, 2023 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Presentation of Police Officer Medal of Special Commendation Awards 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. Resolution to Maintain Statutory Tort Liability Limits 3. Resolution to Conduct Off-Site Gambling for Merrick, Inc., July 4th Celebration at Hazelwood Park, 1663 County Road C East 4. Resolution Adopting the Maplewood Fair Housing Policy 5. Metropolitan Livable Communities Act Grant Agreement, Beacon Interfaith Housing Collaborative’s Multifamily Housing Project, 1375 Frost Avenue 6. Ramsey County RRFB Pedestrian Ramp Cooperative Agreement, City Project 21-23 7. Memorandum of Agreement with Century College for Clinical Internships with the City of Maplewood 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. EDA Tax Increment Financing District No. 1-17 a. Public Hearing b. Resolution Approving Modification of the Development District Program for Development District No. 1 and the Tax Increment Financing Plan for Tax Increment Financing District 1-17 I. UNFINISHED BUSINESS None J. NEW BUSINESS None 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 keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:00 P.M. Monday,June 12, 2023 City Hall, Council Chambers A.CALL TO ORDER A meeting of the City Council was heldin the City Hall Council Chambers and was called to order at6:00 p.m.by Mayor Abrams. B.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent C.APPROVAL OF AGENDA CouncilmemberCavemoved toapprove the agenda as submitted. Seconded by CouncilmemberLee Ayes– All The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Discussion of the Proposed Purple Line Outreach and Public Engagement for the White Bear Lake Avenue Alignment Community Development Director Parr gave the staff report. Craig Lamothe, Purple Line Project Managerand Colin Owens, Community Outreach Coordinator,gave the presentation. Council asked questions and gave feedback and suggestions for community outreach and engagement. No action required. F.ADJOURNMENT Mayor Abramsadjourned the meetingat6:49p.m. June 12, 2023 Council Manager Workshop Minutes 1 Council Packet Page Number 1 of 136 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 12, 2023 City Hall, Council Chambers Meeting No. 11-23 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at7:05p.m. byMayor Abrams. Mayor Abrams acknowledged and thanked local businesses who partner with the city for events. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA Move agenda item F8 to be heard before F3. The following items were added to Council Presentations: Recycling Lemonade Stand CouncilmemberLeemoved to approve the agenda as amended. Seconded by CouncilmemberCave Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.May 22, 2023 City CouncilWorkshop Meeting Minutes CouncilmemberJuenemannmoved to approve the May 22, 2023 City Council Workshop MeetingMinutes assubmitted. Seconded by CouncilmemberCave Ayes – All The motion passed. 2.May 22, 2023 City Council Meeting Minutes June 12, 2023 City Council Meeting Minutes Council Packet Page Number 2 of 136 1 E2 CouncilmemberLeemoved to approve the May 22, 2023 City CouncilMeetingMinutes as submitted. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City ManagerColemangave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2.Council Presentations Recycling Councilmember Juenemannmentioned Maplewood recycling is down and reminded residents to recycle. Councilmember Juenemann also mentioned an article in the Pioneer Press regarding recycling and climate change. Lemonade Stand Councilmember Caveacknowledged Maplewood firefighters for stopping at a local child’s lemonade stand and also acknowledged Maplewood police officers for engaging with youth and handing out stickers after a call in the neighborhood. Agenda Item F8 was moved before F3. F8. Legislative Update Senator Mitchell began the update of the legislative session. SenatorXiong covered several Maplewoodspecificitems. Representative Fischer provided additional information on projects that received funding and highlighted many other laws. No action required. 3.2022 Annual Comprehensive Financial Report FinanceDirector Rueb introduced theitem. Andrew Grice, Shareholder with BerganKDV, gave the presentation. CouncilmemberLeemoved to approve Maplewood 2022 Annual Comprehensive Financial Report. Seconded by Councilmember Juenemann Ayes – All The motion passed. June 12, 2023 City Council Meeting Minutes Council Packet Page Number 3 of 136 2 E2 4.MN Highway 36 Multimodal Corridor Study Update Public Works Director Loveintroduced the item. David Elvin, Planner with Metro District, gave the presentation and answered questions of council. No action required. 5.Trash and Recycling Annual Review Environmental Planner Finwall introduced the vendors and provided background information. Bev Mathiasen and Samahra Hallada, with Republic, presented the annual trash review. Willie Tennis, with Tennis Sanitation, gave the annual recycling review. CouncilmemberCave moved to approve the trash and recycling annual reports. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6.Parks and Recreation Commission 2022 Annual Report Parks and Recreation Manager Robbins introduced the presenter. Terri Mallet, Parks and Recreation Commission Chair, gave the 2022 annual report. CouncilmemberCavemoved to approve the 2022 Parks and Recreation Commission Annual Report. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 7.Environmental and Natural Resources Commission 2022 Annual Report Rebecca Bryan, Environmental and Natural Resources Commission Chair, gave the 2022 annual report. oved to approve the Environmental and Natural Resources CouncilmemberJuenemannm Commission 2022 Annual Report. Seconded by Councilmember Cave Ayes – All The motion passed. 8.Legislative Update This item was moved before F3. 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 June 12, 2023 City Council Meeting Minutes Council Packet Page Number 4 of 136 3 E2 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. ed toapprove agenda items G1-G6. CouncilmemberCavemov Seconded by CouncilmemberLee Ayes – All The motion passed. 1.Approval of Claims CouncilmemberCavemoved to approve the approval of claims. ACCOUNTS PAYABLE: $ 188,108.14Checks # 110864 thru # 110880 dated 5/16/23 thru 5/23/23 $ 99,299.53Checks # 110881 thru # 110891 dated 5/31/23 $ 657,332.75Checks # 110892 thru # 110919 dated 6/06/23 $ 524,493.28Disbursements via debits to checking account dated 05/15/23 thru 06/04/23 $ 1,469,233.70Total Accounts Payable PAYROLL $ 771,067.71Payroll Checks and Direct Deposits dated 5/26/23 $ 771,067.71Total Payroll $ 2,240,301.41GRAND TOTAL Seconded by CouncilmemberLeeAyes – All The motion passed. 2.Resolution Approving the Capital Region Watershed District Local Government Unit Delegation CouncilmemberCavemoved toapprove the resolution regarding the administration of the Minnesota Wetland Conservation Act delegating Capitol Region Watershed District as the Local Government Unit. Resolution 23-06-2215 RESOLUTION REGARDING THEADMINISTRATIONOF THE MINNESOTA WETLAND CONSERVATION ACT DELEGATING CAPITOL REGION WATERSHED DISTRICT AS THE LOCAL GOVERNMENT UNIT June 12, 2023 City Council Meeting Minutes Council Packet Page Number 5 of 136 4 E2 WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA) requires local government units (LGUs) to implement the rules and regulations promulgated by the Board of Water and Soil Resources (BWSR) pertaining to wetland draining, filling and excavation; and WHEREAS, Minnesota Rules, chapter 8420 have been adopted by BWSR in accordance with the rulemaking provisions of Minnesota Statutes, chapter 14, for the purpose ofimplementing WCA; and WHEREAS, Minnesota Rules 8420.0200, Subpart 1, Item E allows a county, city, or town to delegate implementation of chapter 8420 and the act to another governmental entity bythe passage of resolutions by both parties; and WHEREAS, both parties must provide notice to BWSR, the Department of Natural Resources, and the Soil and Water Conservation District of the delegation, including a copy ofthe resolution and a description of the applicable geographic area, within 15 business days ofadoption of the resolution. THEREFORE, BE IT RESOLVED by the City of Maplewood City Council that the authority and administrative responsibility to implement WCA as the LGU within the legal boundaries of theCity of Maplewood is hereby delegated to Capitol Region Watershed Districtas of June 12, 2023 in accordance with Minnesota Rules, Chapter 8420. Seconded by Councilmember LeeAyes – All The motion passed. 3.Local Lawful Gambling Permits for the Church ofthe Presentation of the Blessed Virgin Mary, 1725 Kennard Street Councilmember Cavemoved toapprove the Local Lawful Gambling permit for Church of the Presentation of the Blessed Virgin Mary for September 16-17, 2023. Seconded by CouncilmemberLee Ayes – All The motion passed. 4.Resolution Establishing Administrative Penalties Regarding Violations of Tobacco License, Maplewood Tobacco LLC, 2251 Larpenteur Ave E CouncilmemberCavemoved toapprove the resolution establishing administrative penalties regarding violations of tobacco license for Maplewood Tobacco, LLC at 2251 Larpenteur Avenue E. Resolution 23-06-2216 RESOLUTION ESTABLISHING ADMINISTRATIVE PENALTIESREGARDING VIOLATIONS OF TOBACCO LICENSEFOR MAPLEWOOD TOBACCO, LLC AT 2251 LARPENTEUR AVENUE E WHEREAS, the city of Maplewood (the “City”) has issued a license (the “License”) for the sale of tobacco, tobacco-related devices, electronic delivery devices and nicotine or lobelia June 12, 2023 City Council Meeting Minutes Council Packet Page Number 6 of 136 5 E2 delivery products (“Licensed Products”) to Maplewood Tobacco, LLC (the “Licensee”) at 2251 Larpenteur Avenue E (the “Retail Establishment”); and WHEREAS, issuance of the License and regulation of the sale of Licensed Products is authorized and subject to the restrictions of Minnesota Statutes, Chapter 461 and Maplewood city code sections 14-1371 through 14-1380 (the “City Code”); and WHEREAS,on April 20, 2021, the Licensee was found by the Minnesota Department of Revenue to have contraband Licensed Products at the Retail Establishment and, after failure by the Licensee to seek judicial review, the seized Licensed Products were forfeited to the state; and WHEREAS, on October 22, 2021, the Licensee failed a compliance check conducted by the Maplewood Police Department at the Retail Establishment by selling Licensed Products to an individual under the age of 21; and WHEREAS,on December 13, 2022, the Licensee was again found by the Minnesota Department of Revenue to have contraband Licensed Products at the Retail Establishment and the seized Licensed Products were again forfeited to the state following the Licensee’s failure to seek judicial review; and WHEREAS,City Code section 14-1375 provides that it is a violation of City Code for any person to sell or offer to sell any Licensed Products: (1)To a person under the age of 21;and * * * * * (6)To any other person, in any other manner or form prohibited by federal or state law or regulation, or by local ordinance; and WHEREAS, City Code section 14-1378 provides “For a third or subsequent violation at the same location within 36 months after the initial violation, an administrative penalty of $1,000 must be imposed, and the licensee’s authority to sell licensed products at that location must be suspended for not less than seven days and may be revoked”; and WHEREAS, notice was given to the Licensee by letter dated April 13, 2023 that the Maplewood city council would conduct a hearing on the violations and administrative penalty at its regular city council meeting of May 22, 2023; and WHEREAS, an attorney representing the Licensee submitted a letter dated May 18, 2023 detailing the Licensee’s position on the matter, which letter was forwarded to members of the city council on May 19, 2023; and WHEREAS, on May 22, 2023 the city council conducted a hearing on the matter, at which hearing the Licensee and his attorney addressed the city council; and WHEREAS, after considering the written and oral testimony of the Licensee and his attorney, the staff report and supporting materials presented by the city clerk, the comments by the city attorney and following an opportunity to ask questions of the participants at the hearing and to discuss the matter among themselves, the city council articulated their views June 12, 2023 City Council Meeting Minutes Council Packet Page Number 7 of 136 6 E2 and directed that a resolution consistentwith their findings and conclusions be prepared and brought to the meeting of June 12, 2023 for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA AS FOLLOWS: 1.The incidents of April 20, 2021, October 22,2021 and December 13, 2022 involving the Licensee at the Retail Establishment cited in the above Recitals each constitute a violation of City Code section 14-1375 and occurred within 36 months of one another. 2.In accordance with City Code section 14-1378, an administrative penalty of $1,000 is hereby imposed on the Licensee, which penalty must be paid within 30 calendar days of the adoption of this resolution. 3.In accordance with City Code section 14-1378, the License is also hereby suspended for seven calendar days beginning on Tuesday, June 13, 2023 and extending through Monday, June 19, 2023. During the period of suspension, the Licensee is prohibited from selling or offering to sell any Licensed Products from the Retail Establishment. 4.City staff are directed to bring any future violations by the Licensee of any law or regulation regarding License Products at the Retail Establishment to the attention of the city council for consideration of additional administrative penalties. Seconded by Councilmember Lee Ayes – All The motion passed. 5.Purchase of Three 2023 Marked Police Vehicles ed toapprove the purchase of three 2023 marked Dodge Durango Councilmember Cavemov AWD patrol vehicles. Seconded by CouncilmemberLee Ayes – All The motion passed. 6.Reimbursement Agreement and Release of Claims for 2693 Red Splendor Circle East ed to approve the Reimbursement Agreement and Release of CouncilmemberCavemov Claims for 2693 Red Splendor Circle East and direct the Mayor and City Manager to sign the agreement. Minor revisions as approved by the City Attorney are authorized as needed. Seconded by CouncilmemberLeeAyes – 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 June 12, 2023 City Council Meeting Minutes Council Packet Page Number 8 of 136 7 E2 addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I.UNFINISHED BUSINESS None J.NEW BUSINESS 1.Resolution Providing for the Issuance and Sale of General Obligation Improvement Bonds, Series 2023A, $2,125,000 Finance Director Rueb gave the staff report. oved toapprove the Resolution Providing for the Issuance and CouncilmemberJuenemannm Sale of General Obligation Improvement Bonds, Series 2023A, to be issued in the Proposed Aggregate Principal Amount of $2,125,000. Resolution 23-06-2217 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2023A, TO BE ISSUED IN THE PROPOSED AGGREGATE PRINCIPAL AMOUNT OF $2,125,000 BE IT RESOLVED By the City Council of the City of Maplewood, Minnesota (the “City”) as follows: Section 1.Findings; Determinations. a.The City is authorized by Minnesota Statutes, Chapters 429 and 475, as amended (the “Act”), to issue general obligation bonds in an amount deemed necessary to defray in whole or in part the expense incurred and estimated to be incurred in making improvements authorized by the Act, including but not limited to the construction, reconstruction, improvement, and maintenance of streets, gutters, curb, and sidewalks and the construction, reconstruction, extension, and maintenance of storm and sanitary sewers and systems. b.Certain assessable public improvements within the City, including the project designated by the City as the Myrtle-Sterling Area Street Improvements (the “Assessable Improvements”), have been made, duly ordered, or contracts let pursuant to the provisions of the Act. c. The Council finds it necessary and expedient to the sound financial management of the affairs of the City to issue general obligation improvement bonds, in the proposed aggregate principal amount of $2,125,000, pursuant to the Act to provide financing for the Assessable Improvements. Section 2.Bonds Authorized. a.It is necessary and expedient to the sound financial management of the affairs of the City to issue its General Obligation Improvement Bonds, Series 2023A (the “Series 2023A Bonds”), in the proposed aggregate principal amount of June 12, 2023 City Council Meeting Minutes Council Packet Page Number 9 of 136 8 E2 $2,125,000, pursuant to the Act to provide financing for the Assessable Improvements. The Series 2023A Bonds will be issued, sold, and delivered in accordance with the terms of a pre-sale report prepared by Ehlers & Associates, Inc., and distributed on or before the date hereof (the “Pre-Sale Report”). Ehlers & Associates, Inc., as municipal advisor to the City, is authorized to assist the City in the offer and sale of the Series 2023A Bonds. The officers, employees, and agents of the City are hereby authorized to assist Ehlers & Associates, Inc. with respect to its activities in connection with the issuance and sale of the Series 2023A Bonds. b.The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the Series 2023A Bonds, it being determined that the City has retained an independent municipal advisor in connection with such sale. Section 3.Authorization to Offer Bonds. The City Manager and the Finance Director of the City, together with Ehlers & Associates, Inc., are authorized and directed to prepare and distribute an Official Statement with respect to the Series 2023A Bonds, apply for a rating from one or more rating agencies with respect to the Series 2023A Bonds, negotiate the sale of the Series 2023A Bonds, and take such other actions as are necessary or appropriate in anticipation of the award and sale of the Series 2023A Bonds in accordance with the Pre-Sale Report. The City Council will meet at or after 7:00P.M. on Monday, July 10, 2023, to consider proposals on the Series 2023A Bonds, award the sale of the Series 2023A Bonds, and take any other appropriate actions withrespect to the Series 2023A Bonds. Section 4.Authorization of Bond Counsel. The law firm of Kennedy & Graven, Chartered, as bond counsel for the City, is authorized to act as bond counsel and to assist in the preparation and review of necessary documents, certificates, and instruments relating to the Series 2023A Bonds. The officers, employees, and agents of the City are hereby authorized to assist Kennedy & Graven, Chartered, with respect to the preparation of such documents, certificates, and instruments and its other activities in connection with the issuance and sale of the Series 2023A Bonds. Section 5.Covenants and Undertakings. In the resolution awarding the sale of the Bonds the City Council will set forth the covenants and undertakings required by the Act. Seconded by CouncilmemberLee Ayes – All The motion passed. 2.Public Comment Discussion City Manager Coleman gave the staff report. Councilmembers discussed the options as presented. Mayor Abramsmovednot to establish a new policyto reinstate public comment. June 12, 2023 City Council Meeting Minutes Council Packet Page Number 10 of 136 9 E2 Seconded by Councilmember Juenemann CouncilmemberLee requested a roll-call voteAyes – Mayor Abrams Councilmember Cave Councilmember Juenemann Nays – Councilmember Lee Councilmember Villavicencio The motionpassed. 3.City Council Retreat Summary a.Approval of Mission Statement and Values b.Acceptance of Summary Report City Manager Coleman gave the staff report. CouncilmemberJuenemannmoved toapprove theCity’s Mission Statement and Core Values. Seconded by Councilmember Villavicencio Ayes – All The motion passed. CouncilmemberLeemoved to accept the summary report. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at9:26 p.m. June 12, 2023 City Council Meeting Minutes Council Packet Page Number 11 of 136 10 F1a CITY COUNCIL STAFF REPORT Meeting DateJune 26, 2023 REPORT TO: City Council REPORT FROM: Melinda Coleman, City Manager PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Council Calendar Update Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/AgreementProclamation Policy Issue: This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. Recommended Action: No motion needed. This is an informational item. Upcoming Agenda Items and Work Sessions Schedule: July: Work Sessions TBD: August 14: Workshop: Preliminary 2024 Budget Review Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. Council Schedule for Maplewood Living through February 2024: IssueContributor Due Date Cave July 17, 2023 August 2023 Villavicencio August 17, 2023 September 2023 Lee September 15, 2023 November 2023 Coleman November 13, 2023 December 2023 Abrams December 15, 2023 January 2024 Juenemann January 17, 2024 February 2024 Council Packet Page Number 12 of 136 F1a 2023 Major Community Outreach Events th Light it Up Maplewood (4 of July event) ǒĻƭķğǤͲ WǒƌǤ ЍͲ ЋЉЋЌ ΛЍ Α ЊЊ ƦƒΜ Hazelwood Park Putt Putt with Public Safety Thursday, July 13, 2023 (1 pm) Goodrich Golf Dome Fishing with Friends aƚƓķğǤͲ WǒƌǤ ЊАͲ ЋЉЋЌ ΛЍ Α А ƦƒΜ Spoon Lake July Celebrate Summer Wednesday, July 26, 2023 (6Î7:30 pm) Afton Heights Park National Night Out ǒĻƭķğǤ !ǒŭǒƭƷ ЊͲ ЋЉЋЌ ΛЎ Α В ƦƒΜ City Wide Event August Celebrate Summer Wednesday, August 23, 2023 (6Î7:30 pm) Upper Afton Park Fire Department Open House Saturday October 7, 2023 (early afternoon hours) North Fire Station Council Packet Page Number 13 of 136 F3 CITY COUNCILSTAFF REPORT Meeting Date June 26, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Brian Bierdeman, Public Safety Director PRESENTER: Brian Bierdeman, Public Safety Director AGENDA ITEM: Presentation of Police Officer Medal of Special Commendation Awards Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Public Safety Department would like to recognize two police officers and two police sergeants for their actions with the Medal of Special Commendation Award. Recommended Action: For presentation purposes only. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Recognizing and celebrating outstanding actions in public safety. Background: On April 23, 2023, officers were called to assist North Saint Paul police with a domestic incident in which a male suspect fired a handgun inside a residence with 6-7 other people inside, possibly directing the shots at his wife. Maplewood officers arrived on scene and immediately assisted with a perimeter as occupants exited the residence. Officers and sergeants learned that the suspect and a seven year old juvenile male were still inside the residence. The juvenile was believed to be upstairs and the suspect was last seen in the basement with a handgun. Taking quick and decisive action to avoid a hostage situation and to ensure that the child had not been struck by initial gunfire, Maplewood Officers James Quirk and Connor Salchow, Sergeants Joe Demulling and Brian Tauzell entered the residence and recovered the juvenile male. Maplewood officers continued to assist with a perimeter and drone coverage until released from the scene by the Ramsey County SWAT Council Packet Page Number 14 of 136 F3 team. Working together, these officers and sergeants safely removed the juvenile male from a dynamic and dangerous situation. Attachments: None. Council Packet Page Number 15 of 136 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 16 of 136 G1 Council Packet Page Number 17 of 136 G1, Attachments Council Packet Page Number 18 of 136 G1, Attachments Council Packet Page Number 19 of 136 G1, Attachments Council Packet Page Number 20 of 136 G1, Attachments Council Packet Page Number 21 of 136 G1, Attachments Council Packet Page Number 22 of 136 G1, Attachments Council Packet Page Number 23 of 136 G1, Attachments Council Packet Page Number 24 of 136 G1, Attachments Council Packet Page Number 25 of 136 G1, Attachments Council Packet Page Number 26 of 136 G1, Attachments Council Packet Page Number 27 of 136 G1, Attachments Council Packet Page Number 28 of 136 G2 CITY COUNCILSTAFF REPORT Meeting Date June 26, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Joe Rueb, Finance Director PRESENTER: Joe Rueb, Finance Director AGENDA ITEM: Resolution to Maintain Statutory Tort Liability Limits Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The Council will consider waiving the statutory tort liability limits to the amount of coverage purchased by the City. This is an annual requirement by the League of Minnesota Cities Insurance Trust. Recommended Action: Motion to approve the resolution to maintain statutory tort liability limits. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is N/A Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment By approving the statutory tort liability limits, the City is protecting itself from claims that exceed the amount of liability insurance coverage. Background: Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide each year whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the member does not waive the statutory tort limits, an individual claimant could recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would Council Packet Page Number 29 of 136 G2 be limited to $1,500,000. These statutory tort limits would apply regardless of whether the member purchases the optional LMCIT excess liability coverage. If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap liability limits are only waived to the extent of the member’s liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the City Council. The City has elected to not waive the statutory tort limits in the past, which would limit recovery to $500,000 per claimant and $1,500,000 per occurrence for the upcoming policy period. A resolution is required each year to affirm the City’s decision. Attachments: 1. Resolution to Maintain the Statutory Tort Limits for Liability Insurance Proposed Council Packet Page Number 30 of 136 G2, Attachment 1 RESOLUTION TO MAINTAIN THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PROPOSED WHEREAS, the League of Minnesota Cities Insurance Trust annually requests member cities to make an election to waive or not waive the tort liability limit established by Minnesota Statutes 466.04; and WHEREAS, the City has three choices: to not waive the statutory limit, to waive the limit but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new level; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Maplewood hereby elects to not waive the statutory tort liability limit established by Minnesota Statutes 466.04. Council Packet Page Number 31 of 136 G3 CITY COUNCIL STAFF REPORT Meeting Date June 26, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER:Andrea Sindt th AGENDA ITEM: Resolution to Conduct Off-Site Gambling for Merrick, Inc., July 4 Celebration at Hazelwood Park, 1663 County Road C East Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: A request to conduct Off-Site Gambling has been submitted by Merrick, Inc. Approval of the request will allow pull-tab gambling activity to occur during the July 4th Celebration held at Hazelwood Park, 1663 County Road C East. Recommended Action: Motion to approve the Resolution to Conduct Off-Site Gambling for Merrick, Inc. on Tuesday, July 4, th 2023 during the July 4Celebration. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment A council-approved application and resolution is required to be submitted to the Minnesota Gambling Control Board. Background: Merrick, Inc. holds an Organization license with the Minnesota Gambling Control Board to conduct lawful gambling, and is eligible per MN §349.165 subd.5 to hold lawful gambling events at a location without obtaining a premises permit. Applications to conduct Off-Site gambling are processed and approved by the Minnesota Gambling Control Board; however, local approval by resolution must be obtained prior to submission. Attachments: 1. Resolution of Approval to Conduct Off-Site Gambling Council Packet Page Number 32 of 136 G3, Attachment 1 RESOLUTION City Approval to Conduct Off-Site Gambling Within City Limits Merrick, Inc. WHEREAS, Merrick, Inc. has submitted an Application to Conduct Off-Site Gambling at the th July 4 Celebration at Hazelwood Park, 1663 County Road D East in Maplewood, MN 55109; and WHEREAS, the off-site gambling will take place during the July 4th Celebration on Tuesday, July 4, 2023. BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that Application to Conduct Off-Site Gambling is approved for Merrick, Inc. during the date stated above. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Board approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Board for their approval. Council Packet Page Number 33 of 136 G4 CITY COUNCILSTAFF REPORT Meeting Date June 26, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Danette Parr, Community Development Director PRESENTER: Danette Parr, Community Development Director Resolution Adopting the Maplewood Fair Housing Policy AGENDA ITEM: Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City Council shall consider the proposed Fair Housing Policy and determine if it aligns with the city’s strategic priorities. In order to qualify for funding for upcoming redevelopment projects with a housing component involved, the city is required to adopt a Fair Housing Policy. Recommended Action: Motion to approve a resolution adopting the Fair Housing Policy for the City of Maplewood. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The strategic priorities of the city emphasize targeted redevelopment to guide residential development by leveraging resources to expand the tax base but also create housing options that meet the diversity of the community. In addition, to allow for the creation of a city where everyone is valued and respected, and where we can celebrate our strengths as a diverse multi-cultural, multi-lingual community. We recognize that our different perspectives and experiences bind us together to make us stronger. Background: As a part of redevelopment efforts, potential funding sources require that fair housing practices be adhered to assure equal access to rental housing and homeownership. The Federal Fair Housing Act provides equal access to rental housing and homeownership. The Federal Fair Housing Act and the Minnesota Human Rights Act prohibit housing discrimination based on: Race Council Packet Page Number 34 of 136 G4 Color Religion Sex Disability Familial status National origin Creed Sexual or affectional orientation Ancestry (Minneapolis and Saint Paul) Marital status Receipt of public assistance Age As the city considers additional redevelopment projects in the future, it’s important that fair housing principles be solidified in a policy to assure compliance with funding requirements. An example of this need is the Metropolitan Council Livable Communities Act (LCA) program providing grants to cities to assist with development projects in the region. On December 10, 2014, the Metropolitan Council adopted the Thrive MSP 2040 Housing Policy Plan (Thrive MSP). As part of the Thrive MSP plan, the Metropolitan Council requires that all recipients of the Livable Communities Act funding whose project includes a housing component will have an adopted Fair Housing Policy in place prior to any funds being disbursed to the grantee starting January 1, 2019. Staff has reviewed the Fair Housing Policies adopted by other cities in the metro area as well as the example provided by the Metropolitan Council in creating the policy. Attachments: 1. Draft Fair Housing Policy 2. Resolution Council Packet Page Number 35 of 136 G4, Attachment 1 Exhibit A City of Maplewood Fair Housing Policy 1.Purpose and Vision Title VIII of the Civil Rights Act (Fair Housing Act) establishes federal policy for providing fair housing throughout the United States. The intent of Title VIII is to assure equal housing opportunities for all citizens. Further, the City of Maplewood, as a recipient of federal community development funds under Title I of the Housing and Community Development Act of 1974, is obligated to certify that it will affirmatively further fair housing withinthe City’s municipal boundary. The City of Maplewood is committed to meeting this obligation and has created this Policy to further that goal. 2.Fair Housing Policy Statement It is the policy and commitment of the City of Maplewood to ensure that fair and equal housing opportunities are granted and available to all persons in all housing opportunities and development activities funded in full or in part by the City regardless of race, color, religion, gender, sexual orientation, marital status, status with regard to public assistance, familial status, national origin or disability. This will be done through external policies that provide meaningful access to all constituents including fair housing informational and referral services; and through internal practices and procedures which affirmatively further fair housing throughout Maplewood. 3.External Practices a.Intake and Referral The City of Maplewood has designated the City Manager or designee as the responsible authority for the intake and referral of all fair housing complaints from city residents. At a minimum, the City Manager or designee will be trained in state and federal fair housing laws, the complaint process for filing discrimination complaints, and the state and federal agencies that handle such complaints. The date, time, and nature of the fair housing complaint and the referrals and information given by the city will be fully documented and archived for record-keeping purposes. Additionally, the City Manager or designee will monitor city activities, policies, resolutions and ordinances which could have an effect on fair housing and raise issues and concerns to the City Council where appropriate or necessary. b.Meaningful Access. Online Information: The City of Maplewood will display information about fair housing and contact information prominently displayed on its website. The website will have links to various fair housing resources, including the Department of Housing and Council Packet Page Number 36 of 136 G4, Attachment 1 Urban Development, Minnesota Department of Human Rights, Mid-Minnesota Legal Aid, SouthernMinnesota Regional Legal Services, and others as well as links to state and federal fair housing complaint forms. In addition, the City will post the following document on its website: Americans with Disabilities Act Pedestrian Facilities Transition Policy The State of Minnesota’s Olmstead Plan c.In-Person Information. The City of Maplewood will provide in-person fair housing- information including: A list of fair housing enforcement agencies A FAQ of Fair Housing Law Fair Housing Complaint forms d.Languages. The City of Maplewood is committed to providing information to all residents of the city, regardless of language. Therefore, the City of Maplewood will strive to provide information covering this Policy and others listed above in the most frequently spoken languages other than English spoken in the community. 4.Internal Practices The City of Maplewood commits to the following steps to promote awareness and competency regarding fair housing issues in all of its government functions. a.Staff and Officials Training. The City will regularly train its staff and officials on fair housing considerations, including working with people with disabilities and limited English proficiency constituents. b.Housing Analysis. The City will review its housing inventory periodically to examine the affordability of both rental and owner-occupied housing to inform future City actions in regard to housing affordability issues. c.Code Analysis. The City will review its municipal code periodically, with specific focus on ordinances related to zoning, building and occupancy standards, to identify any potential for disparate impact or disparate treatment. Council Packet Page Number 37 of 136 G4, Attachment 1 d.Project Planning and Analysis. City planning functions and development review will consider housing issues, including whether potential projects may perpetuate segregation or lead to displacement of protected classes. e.Community Engagement. The City commits to ongoing community engagement efforts including seeking input from underrepresented populations in the community. The City commits to having robust conversations with the community regarding potential housing projects, zoning or land use changes, and any other land use planning decisions. f.Affirmatively Furthering Fair Housing. From time to time, the City may receive Community Development Block Grant (CDBG) or other federal funding through Ramsey County. Recipients of federal funds are obligated to affirmatively further fair housing. The City agrees to consider recommendations by the regional Fair Housing Implementation Council (FHIC) for potential integration into City planning documents, including the Comprehensive Plan and other related documents. Council Packet Page Number 38 of 136 G4, Attachment 2 CITY OF MAPLEWOOD, MINNESOTA RESOLUTION ADOPTING FAIR HOUSING POLICY WHEREAS, federal and state law and policies promote equal housing opportunities for all persons and prohibit discrimination in housing on the basis of race, color, religion, gender, sexual orientation, marital status, status with regard to public assistance, familial status, national original or disability; and WHEREAS, the city of Maplewood (the “City”), as a recipient of federal, state and other governmental grants for housing, is obligated to certify that it will affirmatively advance fair housing within the City; and WHEREAS, to promote fair housing practices and opportunities, the City has drafted a Fair Housing Policy which, among other things, specifies the external and internal practices in which the City will engage to further fair housing for all citizens; and WHEREAS, the City appoints the City Manager or designee as the individual responsible for the implementation and administration of the Fair Housing Policy. NOW, THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA AS FOLLOWS: 1.The Fair Housing Policy in the form attached hereto as Exhibit A aligns with the City’s strategic priorities and is hereby adopted. 2.The City Manager or designee is directed to post a copy of the Fair Housing Policy on the City’s website and take such other actions as appropriate to advertise and make the Fair Housing Policy known to the public and other interested parties. 3.The City Manager or designee is directed to implement the Fair Housing Policy by taking such actions and initiatives as appropriate in all housing opportunities and development activities funded in whole or in part by the City. 4.The City Manager or designee is directed to review the Fair Housing Policy and City code periodically and recommend to the city council any amendments or additions to the same as deemed advisable. Dated: June 26, 2023 Marylee Abrams, Mayor ATTEST: Andrea Sindt, City Clerk MA745-4-883681.v1 Council Packet Page Number 39 of 136 G5 CITY COUNCILSTAFF REPORT Meeting Date June 26, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER: Danette Parr, Community Development Director AGENDA ITEM: Metropolitan Livable Communities Act Grant Agreement, Beacon Interfaith Housing Collaborative’s Multifamily Housing Project, 1375 Frost Avenue Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: On December 14, 2022, the Metropolitan Council awarded the City of Maplewood a $1,000,000 grant to support Beacon Interfaith Housing Collaborative’s Gladstone Crossing, a 40-unit affordable housing project. The city council is being asked to approve the agreement with the Metropolitan Council to use the grant dollars. Recommended Action: Motion to approve the Metropolitan Livable Communities Act Grant agreement with the Metropolitan Council and authorize the mayor and city manager to execute the document. 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. Beacon Interfaith Housing Collaborative intends to formally request tax increment financing, which will be reviewed by the city separately. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The city’s 2040 Comprehensive Plan establishes the goal to “Improve the availability of affordable housing for both homeowners and renters” and identified an action item to “Partner with Metropolitan Council and other agencies and programs to provide funding assistance (to developers, and also to those in need of housing) to provide for affordable housing units in the community.” Background: Beacon Interfaith Housing Collaborative proposes constructing a three-story, 40-unit multifamily apartment building at 1375 Frost Avenue East, the site of the former Gladstone House. The city is Council Packet Page Number 40 of 136 G5 the current property owner, and the city council entered into a purchase agreement with Beacon last year to develop housing on this site. The developer currently has a land use request before the city with an anticipated review by the city council on July 10, 2023. Gladstone Crossing will include 40 units of affordable housing with supportive services provided by Solid Ground that will serve low-income families, prioritizing young families. The project includes a mix of bedroom sizes to accommodate different family sizes. Additionally, 20 units are set aside for high-priority homeless families, and six are set aside for families qualifying for persons with disabilities units. The remaining 14 units are for other families experiencing homelessness. All of the $1,000,000 grant awarded by the Metropolitan Council for this project will go towards the construction of affordable housing units. Attachments: 1.Metropolitan Livable Communities Act Grant agreement Council Packet Page Number 41 of 136 G5, Attachment 1 GRANTEE:City of Maplewood GRANT NO. SG-18117 PROJECT: Gladstone Crossing GRANT AMOUNT: $1,000,000FUNDING CYCLE: 2022 COUNCIL ACTION: December 14, 2022EXPIRATION DATE: December 31, 2025 METROPOLITAN LIVABLE COMMUNITIES ACT GRANT AGREEMENT THIS GRANT AGREEMENT (“Agreement”) is made and entered into by the Metropolitan Council (“Council”) and the Municipality, County, 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 Statutes section 473.25(b) in Participating Municipalities; and WHEREAS, the Council has established an LCA Transit Oriented Development (“TOD”) program to help leverage the metropolitan area’s public investment in its transit infrastructure; 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, 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 TOD program grant 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, that all grant funds will be expended prior to the “Expiration Date” identified above, and that the land use guidelines and official controls and other required threshold criteria identified in the Grantee’s application currently are in place or will be in place as stated in the Grantee’s application. Council Packet Page Number 42 of 136 G5, Attachment 1 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: 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 2.08 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 Page1 of this Agreement, by which the Grantee was awarded Livable Communities Demonstration Account TOD program grant 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 participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254. (g) Named TOD Area. “Named TOD Area” means the TOD area identified by name and location in the Grantee’s application for TOD program funds and in the TOD Project Summary attached to this Agreement. (h) Participating Municipality. “Participating Municipality” means a statutory or home rule charter city or town which has elected to participate in the Local Housing Incentive Account program and negotiated affordable and life-cycle housing goals for the Municipality pursuant to Minnesota Statutes section 473.254 (i) Project. Unless clearly indicated otherwise by the context of a specific provision in this Agreement, “Project” means the TOD development or redevelopment project identified in the application for Livable Communities Demonstration Account TOD program grant funds for Council Packet Page Number 43 of 136 G5, Attachment 1 which grant funds were requested that provides the deliverables upon which the application was scored. Grant-funded activities typically are components of the Project. (j) Transit Oriented Development. “Transit Oriented Development” means high density, mixed use development adjacent to transit stations using pedestrian-friendly design standards. 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 the property tax authorized by Minnesota Statutes section 473.253, subdivision 1 and are not from State or federal sources. 2.02. 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 TOD program grant 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 activities described in the application for Livable Communities Demonstration Account TOD program grant funds. The grant funds may be used for reimbursement of real estate acquisition costs if: (a) the property was purchased within the twelve-month period preceding the date by which the TOD grant program applications for the Funding Cycle were due; (b) the real estate was purchased by the Grantee or by a not-for-profit or a socially responsible developer; and (c) the Project will lead to the development of affordable housing or will result in jobs retained, created, or made more accessible to low-income and underserved populations, including opportunities for entrepreneurship. Property holding costs are an eligible use of grant funds but may not exceed five percent (5%) of the amount of the grant funds awarded for property acquisition or $100,000, whichever is less. A TOD Project Summary that describes eligible uses of the grant funds as approved by the Council is attached to and incorporated into this Agreement as Attachment A. Aerial photography or drawings that identify the specific location(s) within the Project boundaries for which grant funds must be used is attached to and incorporated into this Agreement as Attachment B. Grant funds must be used to fund the initiatives specified in Minnesota Statutes section 473.25(b), in a Participating Municipality. 2.04. Ineligible Uses. Grant funds must be used for costs directly associated with the specific proposed Project activities and shall not be used for “soft costs” such as: administrative overhead; travel expenses; legal fees; insurance; bonds; permits, licenses, or authorization fees; costs associated with preparing other grant proposals; operating expenses; planning costs, including comprehensive planning costs; and prorated lease and salary costs. Except as provided in Section 2.03, the grant funds may not be used for costs of Project activities that occurred prior to the Council Action, unless specifically included in the Project Summary or otherwise approved by Council Action. A detailed list of ineligible and eligible costs is available from the Council’s Livable Communities program office. Except for reimbursement for real estate acquisition and holding costs as provided in Section 2.03, grant funds also Council Packet Page Number 44 of 136 G5, Attachment 1 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; or (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 in Attachment A. 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. Loans for Low-Income Housing Tax Credit Projects. If consistent with the application and the Project activities described or identified in Attachments A and B or if requested in writing by the Grantee, the Grantee may structure the grant assistance to the Project as a loan so the Project Owner can take advantage of federal and state low-income housing tax credit programs. The Grantee may use the grant funds as a loan for a low-income housing tax credit project, subject to the terms and conditions stated in Sections 2.03 and 2.04 and the following additional terms and conditions: (a) The Grantee covenants and represents to the Council that the Project is a rental housing project that received or will receive an award of low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended, and the low-income housing tax credit program administered by the Minnesota Housing Finance Agency or a program administered by the Minneapolis/Saint Paul Housing Finance Board or another designated housing credit agency that sub-allocates low-income housing tax credits in the Metropolitan Area. (b) The Grantee will execute a loan agreement with the Project Owner. Prior to disbursing any grant funds for the Project, the Grantee will provide to the Council a copy of the loan agreement between the Grantee and the Project Owner. (c) The Grantee will submit annual written reports to the Council that certify: (1) the grant funds continue to be used for the Project for which the grant funds were awarded; and (2) the Project is a “qualified low-income housing project” under Section 42 of the Internal Revenue Code of 1986, as amended. This annual reporting requirement is in addition to the reporting requirements stated in Section 4.03. Notwithstanding the Expiration Date identified at Page1 of this Agreement and referenced in Section 5.01, the Grantee will submit the annual certification reports during the initial “compliance period” and any “extended use period,” or until such time as the Council terminates this annual reporting requirement by written notice to the Grantee. (d) The grant funds made available to the Grantee and disbursed to the Project Owner by the Grantee in the form of a loan may be used only for the grant-eligible activities and Project components for which the Grantee was awarded the grant funds. For the purposes of this Agreement, the term “Project Owner” means the current ProjectOwner and any Project Owner successor(s). (e) Pursuant to Section 2.04, the grant funds made available to the Grantee and disbursed to the Project Owner in the form of a loan shall not be used by the Grantee, the Project Owner, or others to supplant or replace: (1) grant or loan funds obtained for the Project from other sources; Council Packet Page Number 45 of 136 G5, Attachment 1 or (2) Granteecontributions to the Project, including financial assistance, real property, or other resources of the Grantee; or (3) funding or budgetary commitments made by the Grantee or others prior to the Council Action, unless specifically authorized in Attachment A. The Council will not make the grant funds available to the Grantee in a lump sum payment, but will disburse the grant funds to the Grantee on a reimbursement basis pursuant to Section 2.11. (f) By executing this Agreement, the Grantee: (1) acknowledges that the Council expects the loan will be repaid so the grant funds may be used to help fund other activities consistent with the requirements of the Metropolitan Livable Communities Act; (2) covenants, represents, and warrants to the Council that the Grantee’s loan to the Project Owner will meet all applicable low-income housing tax credit program requirements under Section 42 of the Internal Revenue Code of 1986, as amended (the “Code”), and the low-income housing tax credit program administered by the Minnesota Housing Finance Agency or a program administered by the Minneapolis/Saint Paul Housing Finance Board or another designated housing credit agency that sub-allocates low-income housing tax credits in the Metropolitan Area; and (3) agrees to administer its loan to the Project Owner consistent with federal and state low-income housing tax credit program requirements. (g) The Grantee will, at its own expense, use diligent efforts to recover loan proceeds: (1) when the Project Owner becomes obligated to repay the Grantee’s loan or defaults on the Grantee’s loan; (2) when the initial thirty-year “compliance period” expires, unless the Council agrees in writing that the Grantee may make the grant funds available as a loan to the Project Owner for an “extended use period”; or (3) if noncompliance with low-income housing tax credit program requirements or some other event triggers the Project Owner’s repayment obligations under its loan agreement with the Grantee. The Grantee must repay to the Council all loan repayment amounts the Grantee receives from the Project Owner. The Grantee shall not be obligated to repay the grant funds to the Council except to the extent the Project Owner repays its loan to the Grantee, provided the Grantee has exercised the reasonable degree of diligence and used administrative and legal remedies a reasonable and prudent housing finance agency would use to obtain payment on a loan, taking into consideration (if applicable) the subordinated nature of the loan. At its discretion, the Council may: (1) permit the Grantee to use the loan repayment from the Project Owner to continue supporting affordable housing components of the Project; or (2) require the Grantee to remit the grant funds to the Council. (h) If the Grantee earns any interest or other income from its loan agreement with the Project Owner, the Grantee will: (1) use the interest earnings or income only for the purposes of implementing the Project activities for which the grant was awarded; or (2) remit the interest earnings or income to the Council. The Grantee is not obligated to earn any interest or other income from its loan agreement with the Project Owner, except to the extent required by any applicable law. 2.06. Revolving Loans. If consistent with the application and the TOD 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 Attachments A and B. The Grantee will submit annual written reports to the Council that report on the uses of the grant funds. The form and Council Packet Page Number 46 of 136 G5, Attachment 1 content of the report will be determined by the Council. This annual reporting requirement is in addition to the reporting requirements stated in Section 4.03. Notwithstanding the Expiration Date identified at Page 1 of this Agreement and referenced in Section 5.01, the Grantee will submit the annual reports until the deferred or revolving loan programs terminate, or until such time as the Council terminates this annual reporting requirement by written notice to the Grantee. At its discretion, the Council may: (a) permit the Grantee to use loan repayments to continue supporting affordable housing components of the Project; or (b) require the Grantee to remit the grant funds to the Council. 2.07. Restrictions on Loans or Grants to Subrecipients. The Grantee shall not permit any subgrantee or subrecipient to use the grant funds for loans or grants to any subrecipient at any tier unless the Grantee obtains the prior written consent of the Council. The requirements of this Section 2.07 shall be included in all subgrant and subrecipient agreements. 2.08. Project Commencement and Changes. The Project for which grant funds were requested must be “commenced” prior to the Expiration Date. If the grant funds will be used only for land acquisition and holding costsas authorized by Section 2.03 and will not be used for any other grant-eligible activities, the property acquired for the Project must be purchased 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 Attachments A and B. 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 grant-funded activities described or identified in Attachments A and B. 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 Attachments A and B. 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 Council Packet Page Number 47 of 136 G5, Attachment 1 Communities Demonstration Account for distribution through application processes in future Funding Cycles or as otherwise permitted by law. 2.11. Payment Request Forms, 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. Payment requests shall be made using payment request forms, the form and content of which will be determined by the Council. Payment request and other reporting forms will be provided to the Grantee by the Council. The Council will disburse grant funds on a reimbursement basis or a “cost incurred” basis. To obtain reimbursement under this Agreement, the Grantee shall provide the Council with evidence that the eligible grant-funded Project activities (or a portion thereof) for which reimbursement has been requested have been satisfactorily completed. The Grantee shall describe the grant-eligible activities for which reimbursement is requested and shall provide sufficient documentation of grant-eligible expenditures, invoices and payment documents, and such other information as the Council reasonably requests. 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. 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 or completed during the authorized time period within which eligible costs may be incurred; and documentation supporting expenses including subcontractor and consultant invoices showing unit rates, quantities, and a description of the goods or services provided. Subcontractor markups shall not exceed ten percent (10%). 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 2.11, THE COUNCIL WILL NOT DISBURSE ANY GRANT FUNDS TO THE GRANTEE UNLESS THE GRANTEE (OR PARTICIPATING MUNICIPALITY) HAS ADOPTED A FAIR HOUSING POLICY AS REQUIRED BY SECTION 3.04. 2.12. Interest Earnings. If the Grantee earns any interest or other income from the grant funds received from the Council under this Agreement, the Grantee will use the interest earnings or income only for the purposes of implementing the Project activities described or identified in Attachments A and B. 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. 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 Council Packet Page Number 48 of 136 G5, Attachment 1 obligation under this section may be satisfied if other Project funding sources (e.g., the Minnesota Housing Finance Agency or the U.S. Department of Housing and Urban Development (“HUD”), or state or federal laws (e.g., low-income housing tax credit programs) require an affordability term of at least fifteen (15) years. For the purposes of this section, “affordable housing unit” means a unit that is affordable to households at sixty percent (60%) or less of the Area Median Income (“AMI”), as established by HUD, unless the Grantee’s application stated an affordability standard lower than sixty percent (60%) 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. 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 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 Section 8 Housing Choice Vouchers. If the Project is a housing project, or includes housing units (whether market rate or affordable) and the Grantee stated in its application that the Project housing units would be made available to households participating in the federal Housing Choice Voucher program, the Grantee shall, through written instruments or otherwise, ensure the Project owner (and any subsequent owner(s)) adopts and implements a policy under which the Project owner will not refuse to lease Project units to households or individuals participating in the Housing Choice Voucher program because those households or individuals are Housing Choice Voucher program participants. The Housing Choice Voucher 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. 3.04. Fair Housing Policy. If the Project will include a housing component, the Grantee (or Participating Municipality) must have adopted a Fair Housing Policy. For the purposes of this section, the term “Fair Housing Policy” means a written statement regarding the Grantee’s (or 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. Council Packet Page Number 49 of 136 G5, Attachment 1 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 Attachments A and B or six (6) years following the expenditure of the grant funds, whichever occurs earlier. Accounting methods shall be in accordance with generally accepted accounting principles. 4.02. Audits. The above accounts and records of the Grantee shall be audited in the same manner as all other accounts and records of the Grantee are audited and may be audited or inspected on the Grantee’s premises or otherwise by individuals or organizations designated and authorized by the Council at any time, following reasonable notification to the Grantee, for a period of six (6) years following the completion of the Project activities or six (6) years following the expenditure of the grant funds, whichever occurs earlier. Pursuant to Minnesota Statutes section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of the Grantee that are relevant to this Agreement are subject to examination by the Council and either the Legislative Auditor or the State Auditor, as appropriate, for a minimum of six (6) years. 4.03. Report 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 Attachments A and B. The report shall also describe the Project spending for the current reporting period and projected spending for the future reporting periods. The Grantee 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 with be determined by the Council. These reporting requirements and the reporting requirements of Sections 2.05 and 2.06 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. This Agreement is effective upon execution of this Agreement by the Council. Unless terminated pursuant to Section 5.02, this Agreement expires on the Expiration Date identified at Page 1 of this Agreement. The term of this agreement shall extend from the Effective Date of this Agreement to a date one hundred and twenty (120) calendar days following the end of the Expiration Date to permit close out of this Agreement. ALL GRANT FUNDS NOT EXPENDED BY THE GRANTEE AND REQUESTED FOR REIMBURSEMENT PRIOR TO THE END OF THE TERM SHALL REVERT TO THE COUNCIL. Council Packet Page Number 50 of 136 G5, Attachment 1 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 Attachments A and B that have been completed prior to the termination. Termination of this Agreement does not alter the Council’s authority to recover grant funds on the basis of a later audit or other review, and does not alter the Grantee’s obligation to return any grant funds due to the Council as a result of later audits or corrections. If the Council determines the Grantee has failed to comply with the terms and conditions of this Agreement and the applicable provisions of the Metropolitan Livable Communities Act, the Council may take any action to protect the Council’s interests and may refuse to disburse additional grant funds and may require the Grantee to return all or part of the grant funds already disbursed. 5.03. Amendments and Extensions. 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 the grant-funded activities and commence the Project, a change in the budget, or a change in 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, marital status, status with regard to public assistance, 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 Council Packet Page Number 51 of 136 G5, Attachment 1 and Recovery Act of 1976 (RCRA) as amended, United States Code, Title42, sections 6901 et seq. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and the Grantee. The provisions of this Section shall survive the expiration or termination of this Agreement. This indemnification shall not be construed as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law. 6.04. Acknowledgments and Signage. The Grantee will acknowledge the financial assistance provided by the Council in promotional materials, press releases, reports, and publications relating to the Project. The acknowledgment will contain the following or comparable language: Financing for this project was provided by the Metropolitan Council Metropolitan Livable Communities Fund Until the Project is completed, the Grantee shall ensure the above acknowledgment language, or alternative language approved by the Council’s authorized agent, is included on all signs (if any) located at Project or construction sites that identify Project funding partners or entities providing financial support for the Project. The acknowledgment and signage should refer to the “Metropolitan Council” (not “Met Council” or “Metro Council”). 6.05. Permits, Bonds, and Approvals. The Council assumes no responsibility for obtaining any applicable local, state, or federal licenses, permits, bonds, authorizations, or approvals necessary to perform or complete the Project activities described or identified in Attachments A and B. 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 Grant obtain all required permits, licenses and certifications, and comply with all applicable state and federal Occupational Safety and Health Act regulations. If the Project for which the grant funds were awarded includes affordable units, the Grantee’s subgrant agreement(s) shall expressly include the affordability and affirmative fair housing marketing plan requirements of Sections 3.01 and 3.02. 6.07 Stormwater Discharge and Water Management Plan Requirements. If any grant funds are used for urban site redevelopment, the Grantee shall at such redevelopment site meet or require to be met all applicable requirements of: (a) Federal and state laws relating to stormwater discharges including, without limitation, any applicable requirements of Code of Federal Regulations, title 40, parts 122 and 123; and (b) The Council’s 2040 Water Resources Policy Plan and the local water management plan for the jurisdiction within which the redevelopment site is located. Council Packet Page Number 52 of 136 G5, Attachment 1 6.08. Authorized Agent. Payment request forms, 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: Samuel F Johnson Metropolitan Council CD & MTS Finance and Administration 390 Robert Street North Saint Paul, Minnesota 55101-1805 Samuel.johnson@metc.state.mn.us 6.09. Non-Assignment. Minnesota Statutes section 473.253, subdivision 2 requires the Council to distribute grant funds to eligible “municipalities,” metropolitan-area counties, or “development authorities” for projects in municipalities participating in the Local Housing Incentives Account program. Accordingly, this Agreement is not assignable and shall not be assigned by the Grantee. 6.10. Authorization to Reproduce Images. The Grantee certifies that the Grantee:(a) is the owner of any renderings, images, perspectives, sections, diagrams, photographs, or other copyrightable materials (collectively, “copyrightable materials”) that are in the Grantee’s application or are submitted to the Council as part of the grant application review process or after grant award, or that the Grantee is fully authorized to grant permissions regarding the copyrightable materials; and (b) the copyrightable materials do not infringe upon the copyrights of others. The Grantee agrees the Council has a nonexclusive royalty-free license and all necessary permissions to reproduce and publish the copyrightable materials for noncommercial purposes, including but not limited to press releases, presentations, reports, and on the internet. The Grantee also agrees the Grantee will not hold the Council responsible for the unauthorized use of the copyrightable materials by third parties. 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 Council Packet Page Number 53 of 136 G5, Attachment 1 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 left intentionally blank. Council Packet Page Number 54 of 136 G5, 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: _____________________________ Approved as to form: By: _______________________________ City Attorney’s Office Date: _____________________________ Council Packet Page Number 55 of 136 G5, Attachment 1 ATTACHMENT A TOD 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 TOD program grant funds submitted in response to the Council’s notice of availability of Demonstration Account grant funds 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 of the application conflicts with or is inconsistent with the Council Action, other provisions of this Agreement, or the TOD 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 TOD 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 TOD Project Summary; and (4) the grant application. Council Packet Page Number 56 of 136 G5, Attachment 1 Grant #SG-18117 Type:LCDA-TOD Development Applicant: City of Maplewood Project Name: Gladstone Crossing Project Location: 1375 Frost Avenue, Maplewood, MN 55109 Council District: 11 – Vento Project Detail Gladstone Crossing includes 40 units of affordable housing with supportive services provided by Solid Ground that will serve low- income families, with a priority focus on young families. The project includes a mix of bedroom sizes to accommodate different family Project Overview sizes. Additionally, 20 units are set aside for High Priority Homeless families and 6 units set aside for families who qualify for Persons with Disabilities units. The remaining 14 units are for other families experiencing homelessness. Living Wage Jobs4 Total housing units40 Affordable units 40 Total – 26 @ <30% | 14 @ 31-50% Anticipated # 90 Total – 30 Two BR | 10 Three or more BR Floor-area ratio: 1.64 Dwelling units per acre: 34.5 TOD metrics Distance to station/stop: 525 ft | Purple Line - Frost Avenue Parking stalls/unit: 1.48 Parking stalls/1,000 sqft commercial: 0 Provides increased housing choice including larger units for families and targeted affordable housing for underserved Support for Award populations Creates new open space and public realm amenities for residents and community None Previous LCA Funds Funding Request $1,000,000TOTAL Affordable Housing Construction $1,000,000 Deliverable: 40 Units Council Packet Page Number 57 of 136 G5, Attachment 1 ATTACHMENT B TOD PROJECT LOCATION(S) This attachment comprises this page and the succeeding page(s) which contain aerial photography or drawings that identify the specific location(s) within the Project boundaries for which the Grantee must use the grant funds. The attached photography or drawings also may identify the types of eligible activities for which the grant funds must be used at specific locations within the Project boundaries. Council Packet Page Number 58 of 136 G5, Attachment 1 Council Packet Page Number 59 of 136 G6 CITY COUNCILSTAFF REPORT Meeting Date June 26, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer PRESENTER: Steven Love AGENDA ITEM: Ramsey County RRFB Pedestrian Ramp Cooperative Agreement, City Project 21-23 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: As part of the development approval of 2501 Londin Lane it was required that improvements to the existing pedestrian crossing of Lower Afton Road be made. The cost of these pedestrian improvements will be split between the developer REE Maplewood Apartments, LLC and Ramsey County. An escrow was established between the developer and the City of Maplewood for these improvements. A cooperative agreement with Ramsey County is necessary to facilitate the construction of the pedestrian improvements and establish responsibilities of the City and County related to this joint project. Recommended Action: Motion to enter into a cooperative agreement with Ramsey County and further authorize the Mayor and City Manager to sign the attached cooperative 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 $47,128.68 (estimated total cost of pedestrian improvements). Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The estimated total cost is $47,128.68 for the proposed improvements. The developers share is estimated at $23,564.34. The developers share will paid by the City from the developers escrow that was established with the City. No direct costs to the City are anticipated for the construction of the improvements. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment Council Packet Page Number 60 of 136 G6 Ramsey County has designed and will be managing the construction of the proposed pedestrian improvements to the Lower Afton Road crossing. These improvements will help improve the pedestrian crossing of Londin Lane and help connect this area to the larger sidewalk/trail system. Background: The REE Maplewood Apartments, LCC development project, at the property of 2501 Londin Lane East, included the construction of a 148 unit multi-family residential building and new pedestrian improvements. These pedestrian improvements tie into the crossing of Lower Afton Road (a Ramsey County road) and the trail system that runs along the north side of Lower Afton Road. As part of the project approval, improvements to the pedestrian crossing of Lower Afton Road were required to provide safe access to recreational amenities in the vicinity of the project. These improvements include an enhanced pedestrian crossing, a concrete pedestrian refuge island, and a rectangular rapid-flashing beacon system. The cost of the improvements are being split 50/50 between REE Maplewood Apartments, LLC and Ramsey County. As part of the Ramsey County’s process for these type of improvements Maplewood was required to enter into an agreement with the developer and hold an escrow for the developer’s share of the improvements. The overall developer’s escrow was set at $75,000. The developer’s final share will be based on final construction costs which are currently estimated at $23,564.34. After the County has been reimbursed for the developer’s share any remaining escrow will returned to the developer. The City Attorney has reviewed the propose agreement. Staff recommend the City Council approve and enter into the cooperative agreement with Ramsey County for the RRFB pedestrian ramp improvements. Attachments: 1. Ramsey County Cooperative Agreement Council Packet Page Number 61 of 136 G6, Attachment 1 Agreement PW2023-12 RAMSEY COUNTY COOPERATIVE AGREEMENT WITH THE CITY OF MAPLEWOOD FOR 2023 RRFB Pedestrian Ramp Project TotalCost:$47,128.68 Ramsey County Cost: $23,564.34 City of Maplewood Cost: $23,564.34 Attachments: Exhibit A – Project Location Map Exhibit B – Engineer’s Estimate This Agreement is between the City of Maplewood, a municipal corporation ("City") and Ramsey County, a political subdivision of the State of Minnesota, ("County") WHEREAS, the intersection of Lower Afton Road (County State Aid Highway 39) and Londin Lane (“Project Limits”) is identified in Ramsey County’s 2023-2027 Transportation Improvement Program for Miscellaneous Infrastructure Improvements – Various Traffic Signals are shown in Exhibit A – Project Location Map; and WHEREAS, the City and County desire to install a Rectangular Rapid-Flashing Beacon (RRFB) pedestrian signal at the intersection of Lower Afton Road and Londin Lane, within the Project Limits (“Project”); and WHEREAS, in the area affected by construction, Lower Afton Road is designated County State Aid Highway (CSAH) 39 and is located within the City; and WHEREAS, Londin Lane is located in City right-of-way; and NOW, THEREFORE, BE IT MUTUALLY AGREED AS FOLLOWS: Page1of 7 Council Packet Page Number 62 of 136 G6, Attachment 1 AGREEMENTS 1. Responsibility for Design Engineering 1.1. Plans, specifications, and proposals will be prepared in accordance with Mn/DOT State Aid requirements. 1.2. The County will prepare plans, specifications, and proposals for the Project, which will include, among other things, proposed RRFB pedestrian signal, concrete curb & gutter, and paving. 1.3. Any costs associated with Project revisions after the completion of plans and specifications will be paid for by the party requesting the revisions. Revisions are subject to approval by both parties. 2. Responsibility for the Right of Way Plan and Acquisition 2.1. There is no Right-of-Way being acquired for theProject. 3. Procurement andAward of Contract 3.1. The County will take bids in accordance with state law and County procedures. 3.2. The County will prepare an abstract of bids and a cost participation summary based on the lowest responsible bidder’s proposal and will provide the same to the City. 3.3. The County will award a contract to the lowest responsible bidder. 4. Responsibility for Construction Engineering 4.1. The County shall be responsible for the construction and perform the construction engineering for all elements of the Project. 5. Project Costs 5.1. Except as provided herein, the County and City will participate in the costs of construction in accordance with the Ramsey County Cost Participation Policy and approved in the 2023 – 2027 Ramsey County Transportation Improvement Plan. If there is a conflict between the Cost Participation Policy and this Agreement, this Agreement will prevail. 5.2. County and City will each be responsible for the total estimated cost of the Page2of 7 Council Packet Page Number 63 of 136 G6, Attachment 1 construction pay items as shown in Exhibit B – Engineer’s Estimate. Exhibit B provides a designation of the pay items and the Engineer’s Estimated costs. Quantities and unit prices shown in Exhibit B are estimates. Actual costs shall be based on the contract unit prices and the quantities constructed, determined after Project completion. 5.3. Mobilization, Traffic Control, Alternative Pedestrian Route, and Erosion Control Supervisor are defined collectively as the “Prorated Items” The City percentage of the Prorated Items is calculated as follows: (City Cost excluding the Prorated Items Cost) City % Prorated Items = (Total Project Cost excluding the Prorated Items Cost) The costs in the Prorated Items calculation will be based on contract unit prices and quantities at the time of contract award. No adjustments in the percentages will be made if unit prices or quantities vary during construction. 5.4. Design Engineering Costs 5.4.1. The City shall pay the County a design engineering fee equal to 12% of the City’s share of the construction pay items identified in Exhibit B. 5.5. Construction Engineering Costs 5.5.1. The City shall pay the County a construction engineering fee equal to 12% of the City’s share of the construction pay items identified in Exhibit B. 6.PaymentSchedule 6.1.The Countywill invoice design engineering feesat the time of contract award. 6.2. The County will invoice construction engineering costs monthly and at the time of substantial Project completion, as determined by the County. 6.3. The County will invoice construction costs monthly and at the time of substantial Project completion based on the payments made to the contractor. 6.4. Invoice must include documentation of the charges, fees and costs as reasonably required by the other party. 6.5. Payment will be made within 35 days of receipt ofan invoice. Page3of 7 Council Packet Page Number 64 of 136 G6, Attachment 1 7. Ownership andMaintenance Responsibility forProjectElements 7.1. The Ownership and Maintenance Responsibility of the Roadway. 7.1.1. The County will own and maintain the roadway and associated roadway elements located within the County Right of Way, except as detailed below. 7.2. Ownership and Maintenance Responsibility of the Signal Systems, Accessible Pedestrian System (APS), and Rectangular Rapid-Flashing Beacons (RRFBs). 7.2.1. Ownership and maintenance of the signal systems, APS, and RRFBs are detailed in Agreements PW2023-08M. 7.3. Ownership and Maintenance Responsibility of the Sidewalk and Trail. 7.3.1. The County will own the sidewalk and trail, and is responsible for future overlay, or reconstruction improvements. 7.3.2. The City will maintain the sidewalk and trail, including snow and ice removal, sweeping crack sealing, debris removal, vegetation control, panel replacement, settlement adjustments, etc. 8. The City grants the County temporary construction permits over all City owned rights- of-way and property within the limits of the Project for use during construction at no cost to the County. 9. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. 10. The City and County shall indemnify, defend, and hold each other harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney’s fees, which the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its officials, agents, or employees, in the execution, performance, or failure to adequately perform the indemnifying party’s obligation pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by the County or the City of any statutory or common law immunities, limits, or exceptions on liability. 11. COUNTERPARTS: The parties may sign this Agreement in counterparts, each of which constitutes an original, but all of which together constitute one instrument. 12. ELECTRONIC SIGNATURES: The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties further agree that Page4of 7 Council Packet Page Number 65 of 136 G6, Attachment 1 any document (including this Agreement and any attachments or exhibits to this Agreement) containing, or to which there is affixed, an electronic signature shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. For purposes hereof, “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. Any party’s failure to produce the original signature of any electronically transmitted signature shall not affect the enforceability of this Agreement. 13. This Agreement shall remain in full force and effect until terminated by mutual agreement of the parties. If to the CITY: City of Maplewood 1902 County Road B E Maplewood, MN55109 Attention: Steve Love, Public Works Director If to the COUNTY: Ramsey County Public Works 1425 Paul Kirkwold Drive Arden Hills, MN 55112 Attention: Brad Estochen, Ramsey County Engineer THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK. Page5of 7 Council Packet Page Number 66 of 136 G6, Attachment 1 CITY OFMAPLEWOOD, MINNESOTA By: _______________________________ Date: ______________________ Mayor By: _______________________________ Date:_______________________ City Manager Page6of 7 Council Packet Page Number 67 of 136 G6, Attachment 1 RAMSEY COUNTY,MINNESOTA Date: Ryan T. O’Connor, County Manager Approval recommended: _________________________________ Date:_____________________________ Brad Estochen, Ramsey County Engineer Public Works Department Approved as to form: _________________________________ Date:___________________________ Assistant County Attorney Page7of 7 Council Packet Page Number 68 of 136 G6, Attachment 1, Exhibit A Council Packet Page Number 69 of 136 G6, Attachment 1, Exhibit B Council Packet Page Number 70 of 136 G7 CITY COUNCILSTAFF REPORT Meeting Date June 26, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Mondor, Fire and EMS Chief PRESENTER: Michael Mondor, Fire and EMS Chief Memorandum of Agreement with Century College for Clinical Internships AGENDA ITEM: with the City of Maplewood Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Fire Department would like to continue its partnership with Century College as a clinical internship for students preparing for and/or engaging in emergency medical services careers. Recommended Action: Motion to approve the Memorandum of Agreement between Century College and the City of Maplewood. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Hosting emergency medical services students assists the Department in identifying potential employees while partnering with a local community college to improve pre- hospital care. Background: The Fire Department has participated as a clinical internship site for students for several years. The previous agreement recently expired and both parties have a desire to continue the partnership. This partnership allows Century College to place emergency medical services students with Maplewood Fire/EMS preceptors, which allows students to obtain necessary experiences to successfully enter the career field. Council Packet Page Number 71 of 136 G7 Several of the Department's current employees were hired after completing field internships similar to the agreement being proposed. Attachments: 1.Memorandum of Agreement with Century College for Clinical Internships with the City of Maplewood. Council Packet Page Number 72 of 136 G7, Attachment 1 STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSITIES MEMORANDUM OF AGREEMENT BETWEEN CENTURY COLLEGE AND THE CITY OF MAPLEWOOD This Agreement is entered into between the State of Minnesota by and through the Board of Trustees of the Minnesota State Colleges and Universities, on behalf of Century College, Minnesota (hereinafter "the College/University") and The City of Maplewood, 1830 County Road B East Maplewood, MN 55109 (hereinafter "the Facility"). The Agreement, and any amendments and supplements thereto, shall be interpreted pursuant to the Laws of the State of Minnesota. WITNESSETH THAT: WHEREAS, the College/University has established an AcuteCare Paramedic Program, Paramedicine Program, Emergency Medical Services-Paramedic Programs and/or Emergency Medical Technician Program for qualified students preparing for and/or engaging in emergency medical services careers; and WHEREAS, the Board of Trustees of the Minnesota State Colleges and Universities is authorized by Minnesota Statutes, Chapter 136F to enter into Agreements regarding academic programs and has delegated this authority to the College/University; and WHEREAS, the Facility has suitable clinical facilities in emergency medical services for the educational needs of the emergency medical services program(s) of the College/University; and WHEREAS, it is in the general interest of the Facility to assist in educating persons to be qualified or better qualified emergency medical services personnel; and WHEREAS, the College/University and the Facility are desirous of cooperating to furnish a clinical experience program for students of emergency medical services programs enrolled in the College/University. NOW, THEREFORE, It Is Mutually Agreed By And Between The Parties: I. COLLEGE RESPONSIBILITIES A. The College/University, which is accredited by the North Central Association of Colleges and Secondary Schools, is responsible for offering one or more of the following programs: an AcuteCare Paramedic Program, Emergency Medical Services-Paramedic Programs, Paramedicine Program, and/or an Emergency Medical Technician Program. Each program is approved by the Minnesota Department of Health and/or the Emergency Medical Services Regulatory Board (EMSRB) and/or accredited by the North Central Association of Colleges and Secondary Schools. B. The College/University will supervise its students during the clinical experience program at the Facility through preceptors assigned by the College/University. The College/University will provide its emergency medical services faculty to effectively implement the clinical experience program at the Facility. The Council Packet Page Number 73 of 136 G7, Attachment 1 College/University faculty so assigned will hold current paramedic or emergency medical technician certification valid in the State of Minnesota. C. The College/University faculty will be responsible for scheduling student clinical experience program hours, reviewing student evaluations written by preceptors, and grading each student. The College/University faculty will attend the Facility's orientation for clinical experience instructors as deemed necessary by the College/University and the Facility. D. The College/University will provide the Facility, at its request, with objectives for the clinical experience program. Implementation of those objectives will be accomplished by the College/University in cooperation with the Facility's designated representative. E. The College/University will provide the Facility with a list of the students who are participating in the clinical experience program, the units within the Facility where they are assigned, and the dates of each student's participation in the program. F. The College/University will inform its faculty and students of the Facility's policies and regulations which relate to the clinical experience program at the Facility. G. The College/University will inform its faculty and the students who are participating in the clinical experience program that they are encouraged to carry their own health insurance and are responsible for carrying their own professional liability insurance if professional liability insurance is not provided by the College/University. H. The College/University will maintain a record of students' health examinations and current immunizations and shall obtain student permission to submit data regarding their health status to the Facility. I. The College/University agrees and represents that it will require all students and faculty tohave completed a background study conducted in accordance with Minnesota Statues Chapter 245C, Human Services Background Studies, as a pre-condition to participation in the clinical experience. College/University will not assign a student or faculty member to the Facility if his/her background study documents ineligibility to have direct contact with Facility's patients or residents under applicable law or regulations. If requested, College/University shall provide the Facility with documentation regarding the completion or results of the background study pursuant to the written consent of the subject. II. FACILITY RESPONSIBILITIES A. The Facility will have current licensure by the Minnesota EMS Regulatory Board. B. The Facility is responsible for the safety and quality of care provided to its patients by the students who are participating in the clinical experience program at the Facility. In order to effectively fulfill that duty, it is agreed that Facility has ultimate control over all persons involved in the program and may immediately terminate the participation in the program of any of the students enrolled in the program where an emergency exists involving health and safety; and in all other (non-emergency) instances, Facility shall consult with the College/University before taking any action to terminate the participation of a student. C. The Facility will provide the College/University with a copy of its policies and regulations which relate to the clinical experience program. D. The Facility will permit the College/University faculty and students to use its patient care and patient service facilities for clinical instruction according to a mutually-approved plan. E. The Facility will allow a reasonable amount of Facility staff time for orientation and joint conferences with College/University faculty, for planning with College/University faculty, and for such other assistance as shall be mutually agreeable. Council Packet Page Number 74 of 136 G7, Attachment 1 F. When available, physical space such as offices, conference rooms, and classrooms of the Facility may, upon request, be used by the College/University faculty and students who are participating in the clinical experience program. G. The College/University faculty and students participating in the clinical experience program will be permitted to use Facility's library in accordance with the Facility's policies. H. When available, the Facility will, upon request of the College/University, make lockers, cloak rooms, or similar spaces available for College/University faculty and students during assigned clinical experience program hours. The Facility may require College/University faculty and students to share such spaces. I. The Facility assumes no responsibility for the cost of meals, uniforms, housing, parking or health care of College/University faculty and students who are participating in the clinical experience program. The Facility will permit College/University faculty and students who are participating in the clinical experience program to use any cafeteria on the same basis as employees of the Facility. The Facility will permit College/University faculty to use Facility parking spaces under the same policies governing Facility personnel. J. The Facility recognizes that it is the policy of the College/University to prohibit discrimination and ensure equal opportunities in its educational programs, activities, and all aspects of employment for all individuals, regardless of race, color, creed, religion, gender, gender identity, gender expression, national origin, sexual orientation, veteran's status, marital status, age, disability, status with regard to public assistance, or inclusion in any group or class against which discrimination is prohibited by federal, state, or local laws and regulations. The Facility agrees to adhere to this policy in implementing this Agreement. III. MUTUAL RESPONSIBILITIES A. The College/University and the Facility assume joint responsibility for the orientation of the College/University faculty to Facility policies and regulations before the College/University assigns its faculty to the Facility. B. Personnel of the College/University and the Facility will communicate regarding planning, development, implementation, and evaluation of the clinical experience program. The communication may include but not be limited to: 1. Communication to familiarize Facility personnel with the clinical experience program's philosophy, goals and curriculum; 2. Communication to familiarize the College/University faculty with the Facility's philosophy, policy and program expectations; 3. Communication to keep both parties and the parties' personnel who are assigned to the clinical experience program informed of changes in philosophy, policies and any new programs which are contemplated; 4. Communication about jointly planning and sponsoring in-service or continuing education programs (if appropriate); 5. Communication to identify areas of mutual need or concern; 6. Communication to seek solutions to any problems which may arise in the clinical experience program; and 7. Communication to facilitate evaluation procedures which may be required for approval or accreditation purposes or which might improve patient care or the College/University's emergency medical services curriculum. Council Packet Page Number 75 of 136 G7, Attachment 1 C. HIPAA. Solely for the purposes of defining the students’ and faculty roles in relation to the use and disclosure of the Facility’s protected health information, the College/University and faculty engaged in activities pursuant to this Agreement are members of the Facility workforce, as that term is defined in 45 CFR 160.103. The College/University students and faculty are not, and shall not be construed to be, employees of Facility. The College/University shall cooperate with Facility in complying with its obligations as a HIPAA covered entity, including, but not limited to, complying with its policies and procedures under the HIPAA Privacy Regulations, 45 CFR parts 160 and 164. Prior to placement at Facility, the College/University shall instruct its students and faculty to comply with Facility’s policies and procedures governing the use and disclosure of individually identifiable health information. D. Insurance Each party, at its sole expense and at all times during the term of this Agreement, shall secure and maintain the following insurances (or comparable coverage under a program of self-insurance) covering itself and its employees who perform any work, duties or obligations in connection with this Agreement. Commercial General Liability Insurance The College/University agrees to maintain commercial general liability insurance in conformance with the liability limits in Minnesota Statutes, section 3.736, subd. 4. The Facility agrees to maintain commercial general liability insurance in conformance with the liability limits in Minnesota Statutes, section 466.04, subd. 1. Commercial Automobile Liability Insurance The Facility will maintain Commercial Automobile Liability insurance, covering automobiles used in the clinical experience program, with a limit not less than $2,000,000 combined single limit for bodily injury and property damage. Professional Liability Insurance The College/University will maintain Professional Liability insurance for participating students (and faculty, if applicable) or cause any student participating in the program to maintain Professional Liability insurance, with limits not less than $2,000,000 each claim and $3,000,000 aggregate. The Facility will maintain Professional Liability insurance covering itself and its employees, agents or assigns with limits not less than $2,000,000 each claim and $3,000,000 aggregate. If insurance covered by claims-made policies is discontinued, then extended reporting period coverage must be obtained and evidence of such coverage shall be provided to the other party. Additional Conditions: An Umbrella or Excess Liability insurance policy may be used to supplement the Facility’s policy limits to satisfy the full policy limits required by the Agreement. Each party shall provide to the other party upon request certificates of insurance or self-insurance evidencing the required coverage. If Facility receives a cancellation notice from an insurance carrier affording coverage herein, Facility agrees to notify the State of Minnesota within five (5) business days with a copy of the cancellation notice, unless Facility’s policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days’ advance written notice to the College/University. Council Packet Page Number 76 of 136 G7, Attachment 1 Each party, at its sole expense, shall provide and maintain Workers’ Compensation insurance as such party may be required to obtain by law. The College/University is self-insured for Workers’ Compensation purposes, and any such insurance extends only to employees of the College/University, not to students. IV. REQUIREMENTS OF STUDENTS A. Each student will be required, as a condition for participation in the clinical experience program, to submit the results of a health examination to the College/University and, if requested, to the Facility, to verify that no health problems exist which would jeopardize student or patient welfare. The health examination shall include an update of required immunizations. The health examination shall include a Mantoux test or chest x-ray and verification of immunity for rubeola and rubella. A list of those students with positive Mantoux or negative rubeola/rubella results may, at the request of the Facility, be provided to the Facility. B. Students participating in the clinical experience program are encouraged to carry their own health insurance. C. Students participating in the clinical experience program are responsible for carrying their own professional liability insurance if professional liability insurance is not provided by the College/University. V. EMERGENCY MEDICAL CARE AND INFECTIOUS DISEASE EXPOSURE A. Any emergency medical care available at the Facility will be available to College/University students and faculty members. College/University students will be responsible for payment of charges attributable to their individual emergency medical care at either the Facility or the College/University. Any charges or expenses attributable to emergency medical care of a College/University faculty member at either the Facility or the College/University which are not paid by the College/University will be the responsibility of the College/University faculty member. B. Any College/University student or faculty member who is injured or becomes ill while at the Facility shall immediately report the injury or illness to the Facility and receive treatment (if available) at the Facility as a private patient or obtain other appropriate treatment as he or she chooses. All hospital or other medical costs arising from such College/University student injury or illness shall be the sole responsibility of the student who received the treatment and not the responsibility of the Facility or the College/University. Any hospital or other medical costs arising from such College/University faculty member injury or illness shall, if not paid by the College/University, be the sole responsibility of the College/University faculty member who receives the treatment and not the responsibility of the Facility or the College/University. C. The Facility shall follow, for College/University faculty and students exposed to an infectious disease at the Facility during the clinical experience program, the same policies and procedures which the Facility follows for its employees. D. College/University faculty and students contracting an infectious disease during the period of time they are assigned to or participating in the clinical experience program must report the fact to their College/University and to the Facility. Before returning to the Facility, such a College/University faculty member or student must submit proof of recovery to the College/University or Facility, if requested. VI. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The College/University's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.732 et seq., and other applicable law. Council Packet Page Number 77 of 136 G7, Attachment 1 VII. TERM OF AGREEMENT This Agreement is effective on the later of July 5, 2023 or when fully executed, and shall remain in effect until July 4, 2028. This Agreement may be terminated by either party at any time upon one year written notice to the other party. Termination by the Facility shall not become effective with respect to students then participating in the clinical experience program. VIII. FINANCIAL CONSIDERATION A. The College/University and the Facility shall each bear their own costs associated with this Agreement and no payment is required by either the College/University or the Facility to the other party, except that, where applicable, the Facility shall pay the tuition and other educational fees of students it places in the clinical experience program. B. The Facility is not required to reimburse the College/University faculty or students for any services rendered to the Facility or its patients pursuant to this Agreement. IX. AMENDMENTS Any amendment to this Agreement shall be in writing and signed by authorized officers of each party. X. ASSIGNMENT Neither the College/University nor the Facility shall assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party. XI. STATE AUDIT The books, records, documents, and accounting procedures and practices of the Facility relevant to this Agreement shall be subject to examination by the College/University and the Legislative Auditor. XII. VOTER REGISTRATION (When Applicable) The Facility shall provide nonpartisan voter registration services and assistance, using forms provided by the College/University, to employees of the Facility and the public as required by Minnesota Statutes, Chapter 201.162. XIII. AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE The Facility agrees that in fulfilling the duties of this Agreement, the Facility is responsible for complying with the Americans with Disabilities Act, 42 U. S. C. Chapter 12101, et seq., and any regulations promulgated to the Act. The College/University IS NOT responsible for issues or challenges related to compliance with the ADA beyond its own routine use of facilities, services, or other areas covered by the ADA. XIV. DATA PRIVACY The College/University and the Facility each acknowledges that it is subject to the Minnesota Government Data Practices Act. In the event the Facility receives a request to release the data referred to in this Article, the Facility must immediately notify the College/University. The College/University will give the Facility instructions concerning the release of the data to the requesting party before the data is released. Council Packet Page Number 78 of 136 G7, Attachment 1 The parties additionally acknowledge that the Family Educational Rights and Privacy Act, 20 U.S.C.1232g and 34 C.F.R. 99, apply to the use and disclosure of education records that are created or maintained under this agreement. XV. AUTHORIZED REPRESENTATIVES All official notifications, including but not limited to, cancellation of this agreement must be sent to the other party’s authorized representative. A. The College’s authorized representative for the purpose of administration of this agreement is: Name: Chris Caulkins, EMS Program Director Address: 3300 Century Avenue North, White Bear Lake, MN 55110 Telephone: 651.779.5743 E-Mail: chris.caulkins@century.edu B. The Facility’s authorized representative for the purpose of administration of this agreement is: Name: Michael Mondor, Fire and EMS Chief Address: 1530 County Road C East, Maplewood, MN 55109 Telephone: 651-249-2802 E-Mail: michael.mondor@maplewoodmn.gov XVI. OTHER PROVISIONS (attach additional page(s) if necessary, otherwise write “None” NONE IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. Council Packet Page Number 79 of 136 G7, Attachment 1 APPROVED: 1. FACILITY – City of Maplewood By (authorized signature) Title Date 2. MINNESOTA STATE COLLEGES AND UNIVERSITIES Century College By (authorized signature)AK Khan Title Vice President of Finance & Administration Date 3. AS TO FORM AND EXECUTION: Century College By (authorized signature) Marilyn Smith Title Director of Finance & Administration Date Council Packet Page Number 80 of 136 H1 CITY COUNCIL STAFF REPORT Meeting Date June 26, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Danette Parr, Community Development Director PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: EDA TaxIncrement Financing District No. 1-17 a.Public Hearing b.Resolution Approving Modification of the Development District Program for Development District No. 1 and the Tax Increment Financing Plan for TIF District No. 1-17 Action Requested: Motion Discussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The city and the Economic Development Authority (EDA) have received a Tax Increment Financing (TIF) application from the developer, Reuter Walton. The application requests that the city and EDA establish a new housing TIF district. Recommended Action: Hold the Public Hearing. pprove the Resolution Approving Modifications of the Development District Program forDevelopment District No. 1 and the Tax Increment Financing Plan for Tax IncrementFinancing District No. 1-17. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The modification to the development district and approving the TIF plan would not approve the use of TIF assistance for the project. The Economic Development Authority (EDA) will review an agreement with the developer separately at its meeting. The agreement outlines the amount and terms of the TIF assistance for the project. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The city’s Gladstone Neighborhood Redevelopment Plan states: Design the future of Gladstone as a “village”: villages are marked by their organic building patterns, mixed and integrated land uses, intimate human-scale spaces and the presence of people.” Council Packet Page Number 81 of 136 H1 Background: Tax Increment Financing On July 22, 2019, the city adopted a modified enabling resolution for the Maplewood Economic Development Authority which grants the EDA authority to use tax increment financing. Tax increment financing is a funding tool that takes advantage of the increase in property taxes that result from redevelopment. The increase in tax revenue is a result of the investment in the property and the resulting increase in property taxes. TIF captures only the increase in taxes and not the current or base amount of taxes that are currently paid. The increment can be used by the EDA to repay debt, obligations, or certain costs incurred by the city as a result of the development. For this application, the City would issue a Pay-As-You-Go (PAYGO) TIF Note to the developer for costs associated with the redevelopment project. The PAYGO TIF Note would obligate the EDA to pay a portion of annually generated tax increment over a specified period of time. The goal of the proposed TIF district is to support redevelopment of the site that would not occur “but for” the financial assistance from the EDA. Proposed Development The developer, Reuter Walton, is proposing to demolish the former Maplewood Marine building at 1136 Frost Avenue which would be combined with the vacant property at 1160 Frost Avenue in order to redevelop the site into a market-rate apartment building. The building would be five stories of above-ground wood-framed construction; and a floor of underground parking. The entire building would be approximately 237,993 gross total square feet, with an approximately 39,044 square foot footprint. The 150-unit building includes the following approximate unit mix: 13 percent studios/alcoves, 33 percent one-bedrooms, 15 percent one-bedrooms with a den, 28 percent two-bedroom, and 11 percent three-bedrooms. Parking is programmed to be 1.62 stalls per unit, with at least one stall per unit within a secured parking garage. The proposed building will be constructed with contrasting light and dark cement lap siding and wood-look lap siding accent boards. A brick façade will be used on lower levels, and cementitious trim boards will be used throughout the building. Amenities will include a clubroom, fitness room, roof deck, outdoor pool, pickle ball court, and dog run. TIF District and TIF Plan The resolution before the City Council would create a new redevelopment TIF district by adopting a tax increment financing plan. This plan outlines the district boundaries, objectives and policies, fiscal impacts, and the maximum budget for the district. The TIF plan itself does not grant any specific TIF assistance or city financial obligations to support development within the district. The specific terms of the TIF assistance are provided in the development agreement between the EDA and the developer. Attachments: 1. Resolution 2. Modification to the Development Program and Tax Increment Financing Plan Council Packet Page Number 82 of 136 H1, Attachment 1 CITY OF MAPLEWOOD RESOLUTION NO. __ RESOLUTION APPROVING MODIFICATION OF THE DEVELOPMENT DISTRICT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-17 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota as follows: Section 1. Recitals. 1.01. The City Council of the city of Maplewood (the “City”) established the Maplewood Economic Development Authority (“MEDA”) to promote development and redevelopment within the community. 1.02. On July 22, 2019 the City adopted a modified Enabling Resolution for MEDA, giving it the authority of an economic development authority under Minnesota Statutes, sections 469.090 through 469.1081 (the “EDA Act); of a housing and redevelopment authority under Minnesota Statutes, sections 469.001 through 469.047 (the “HRA Act”); and of a city under Minnesota Statutes, sections 469.124 through 469.133 (the “City Development Districts Act”). 1.03. In response to a proposal to redevelop the properties at 1136 and 1160 Frost Avenue E and adjacent land on Phalen Place N on which exist a structurally substandard building and other improvements, MEDA determined to establish a tax increment financing district. 1.04. MEDA and the City investigated the facts and caused to be prepared a modification to the Development District Program (the “Development Program”) for Development District No. 1 (the “Project”) and a tax increment financing plan (the “TIF Plan”) for Tax Increment Financing District No. 1-17 (the “TIF District”), describing the assistance which may be provided to encourage redevelopment within the Project. 1.05. All actions required by law to be performed prior to the adoption of the modified Development Program and the TIF Plan and establishment of the TIF District have been performed, including approval of the TIF Plan by MEDA at its meeting on June 26, 2023. 1.06. MEDA and the City notified Ramsey County and Independent School District No. 622 of the public hearing on the modified Development Program and TIF Plan to be held before the City Council on June 26, 2023. 1.07. The modified Development Program and TIF Plan are contained in a document entitled “Modification to the Development District Program, Development District No. 1 and Tax Increment Financing Plan for Tax Increment Financing District No. 1-17, (a redevelopment district)”, prepared by Ehlers and on file at Maplewood city hall. MA745-36-852063.v3 1 Council Packet Page Number 83 of 136 H1, Attachment 1 1.08. The City Council has fully reviewed the contents of the modified Development Program and TIF Plan and has on June 26, 2023, conducted a public hearing thereon at which the views of all interested persons were received orally or in writing. Section 2. Findings Relating to the Adoption of the Modified Development Program. 2.01. The City finds that the modified Development Program, which consists of the inclusion of an additional tax increment financing district, continues to be consistent with the City’s comprehensive plan and other plans for the community. 2.02. The City finds that the adoption of the modified Development Program will promote redevelopment of property within the Project and is in the vital interests of the community as a whole. Section 3. Findings Relating to the Establishment of Tax Increment Financing District No. 1-17. 3.01. The City finds and determines that it is necessary and desirable for the sound and orderly development of the Project and of the community as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by MEDA and the City to establish Tax Increment Financing District No. 1-17. 3.02. The City further finds and determines, and it is the reasoned opinion of the City, that the redevelopment proposed in the TIF Plan for the TIF District could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the land within the TIF District that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed redevelopment, after subtracting the present value of the projected tax increments for the maximum duration of the TIF District, and that therefore the use of tax increment financing is necessary to assist the project. 3.03. The expenditures proposed to be financed through tax increment financing are necessary to permit MEDA and the City to realize the full potential of the Project in terms of development intensity, diversity of uses and tax base and to facilitate the redevelopment of land and provide additional market rate housing within the City’s Gladstone area, which is consistent with the City’s plans for the Gladstone area and the comprehensive plan. 3.04. The TIF Planwill afford maximum opportunity, consistent with the sound needs of the City as a whole, for redevelopment of the Project by private enterprise. The one principal building within the TIF District isstructurally substandard and parcels representing at least 70% of the area within the TIF District are improved within the meaning of Minnesota Statutes, section 469.174, subd. 10. 3.05. The TIF Plan conforms to the general plan for the development and redevelopment of Maplewood as a whole. The developer’s plans to add housing and increase the mix of uses in the Gladstone area is fully consistent with the city’s area and comprehensive plans. MA745-36-852063.v3 2 Council Packet Page Number 84 of 136 H1, Attachment 1 3.06. The City has relied upon the written representations made by the developer, review of the developer’s proforma and other financial information by Ehlers, the opinions and recommendations of Citystaff, and the personal knowledge of the members of the City Council in reaching its conclusions regarding the TIF Plan and the establishment of the TIF District. The City also reviewed a Property Condition Assessment reportprepared for MEDA by LHB, Inc. dated March 11, 2022 and entitled “Frost Avenue East TIF District”. 3.07. TIF District No. 1-17 is a redevelopment tax increment financing district within the meaning of Minnesota Statutes, section 469.174, subd. 10(a)(1). In preparing its report, LHB, Inc. reviewed the property to be included within the TIF District regarding the condition of the principal building located thereon. The report, which was prepared after an interior and exterior inspection of the building, establishes that the building is structurally substandard, that parcels representing at least 70% of the area are improved and, accordingly, that the TIF District qualifies as a redevelopment tax increment district. A copy of this report will be retained at city hall for the duration of the TIF District. 3.08. Additional reasons and supporting facts regarding the fundings required by Minnesota Statutes, section 469.175, subd. 3 are included in Appendix C: Findings Including Best/For Qualifications to the TIF Plan and are hereby incorporated into this resolution as if fully set forth herein. Section 4. Approval of Modified Development Program and Tax Increment Financing Plan; Establishment of Tax Increment Financing District No. 1-17. 4.01. The modified Development Program for Development District No. 1 is hereby approved. 4.02. The TIF Plan for TIF District No. 1-17 is hereby approved, as adopted by MEDA. Tax Increment Financing District No. 1-17 is hereby established. 4.03. The Ex ecutive Director of MEDA is authorized and directed to instruct Ehlers to transmit a certified copy of this resolution together with a certified copy of the modified Development Program and the TIF Plan to Ramsey County with a request that the original tax capacity of the property within TIF District No. 1-17 be certified to MEDA pursuant to Minnesota Statutes, section 469.177, subd. 1 and to file a copy of the modified Development Program and the TIF Plan for TIFDistrict No. 1-17 with the Minnesota department of revenue. MA745-36-852063.v3 3 Council Packet Page Number 85 of 136 H1, Attachment 1 Dated: June 26, 2023 ____________________________________ Marylee Abrams, Mayor ATTEST: _______________________________ Andr ea Sindt, City Clerk MA745-36-852063.v3 4 Council Packet Page Number 86 of 136 H1, Attachment 2 Bepqujpo!Ebuf;!Kv!37-!3134! Nbqmfxppe!Fdpopnjd! Efwfmpqnfou!Bvuipsjuz! Djuz!pg!Nbqmfxppe-!Sbntfz!Dpvouz-! Njooftpub! NPEJGJDBUJPO!UP!UIF!! EFWFMPQNFOU!EJTUSJDU!QSPHSBN!! Efwfmpqnfou!Ejtusjdu!Op/!2! '! Uby!Jodsfnfou!Gjobodjoh!)UJG*!Qmbo! Ftubcmjtinfou!pg!Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu!Op/!2.28! )b!sfefwfmpqnfou!ejtusjdu*! Qsfqbsfe!cz;! Fimfst! 4171!Dfousf!Qpjouf!Esjwf! Sptfwjmmf-!Njooftpub!66224! CVJMEJOH!DPNNVOJUJFT/!JU‘T!XIBU!XF!EP/! Council Packet Page Number 87 of 136 H1, Attachment 2 UBCMF!PG!DPOUFOUT! Npejgjdbujpo!up!uif!Efwfmpqnfou!Ejtusjdu!Qsphsbn!gps!Efwfmpqnfou!Ejtusjdu! Op/!2!2 GPSFXPSE!2 Uby!Jodsfnfou!Gjobodjoh!Qmbo!gps!Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu!Op/!2.28!3 GPSFXPSE!3 TUBUVUPSZ!BVUIPSJUZ!3 TUBUFNFOU!PG!PCKFDUJWFT!3 EFWFMPQNFOU!EJTUSJDU!QSPHSBN!PWFSWJFX!4 EFTDSJQUJPO!PG!QSPQFSUZ!JO!UIF!EJTUSJDU!BOE!QSPQFSUZ!UP!CF! BDRVJSFE!4 EJTUSJDU!DMBTTJGJDBUJPO!5 EVSBUJPO!'!GJSTU!ZFBS!PG!EJTUSJDU‘T!UBY!JODSFNFOU!5 PSJHJOBM!UBY!DBQBDJUZ-!UBY!SBUF!'!FTUJNBUFE!DBQUVSFE!OFU!UBY! DBQBDJUZ!WBMVF0JODSFNFOU!'!OPUJGJDBUJPO!PG!QSJPS!QMBOOFE! JNQSPWFNFOUT!6 TPVSDFT!PG!SFWFOVF0CPOET!UP!CF!JTTVFE!7 VTFT!PG!GVOET!8 GJTDBM!EJTQBSJUJFT!FMFDUJPO!9 FTUJNBUFE!JNQBDU!PO!PUIFS!UBYJOH!KVSJTEJDUJPOT!9 TVQQPSUJOH!EPDVNFOUBUJPO!22 EJTUSJDU!BENJOJTUSBUJPO!22 Bqqfoejy!B;!Nbq!pg!Efwfmpqnfou!Ejtusjdu!Op/!2!boe!uif!UJG!Ejtusjdu! Bqqfoejy!C;!Ftujnbufe!Dbti!Gmpx!gps!uif!Ejtusjdu! Bqqfoejy!D;!Gjoejoht!Jodmvejoh!Cvu0Gps!Rvbmjgjdbujpot! Bqqfoejy!E;!Sfefwfmpqnfou!Rvbmjgjdbujpot!gps!uif!Ejtusjdu! ! ! 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Council Packet Page Number 89 of 136 H1, Attachment 2 Uby!Jodsfnfou!Gjobodjoh!Qmbo!gps!Uby!Jodsfnfou! Gjobodjoh!Ejtusjdu!Op/!2.28! GPSFXPSE! ! Uif!Nbqmfxppe!Fdpopnjd!Efwfmpqnfou!Bvuipsjuz!)uif!#FEB#*-!uif!Djuz!pg! Nbqmfxppe!)uif!#Djuz#*-!tubgg!boe!dpotvmubout!ibwf!qsfqbsfe!uif!gpmmpxjoh! jogpsnbujpo!up!fyqfejuf!uif!Ftubcmjtinfou!pg!Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu! Op/!2.28!)uif!#Ejtusjdu#*-!b!sfefwfmpqnfou!uby!jodsfnfou!gjobodjoh!ejtusjdu-! mpdbufe!jo!Efwfmpqnfou!Ejtusjdu!Op/!2/! TUBUVUPSZ!BVUIPSJUZ! Xjuijo!uif!Djuz-!uifsf!fyjtu!bsfbt!xifsf!qvcmjd!jowpmwfnfou!jt!ofdfttbsz!up! dbvtf!efwfmpqnfou!ps!sfefwfmpqnfou!up!pddvs/!Up!uijt!foe-!uif!FEB!boe!Djuz! ibwf!dfsubjo!tubuvupsz!qpxfst!qvstvbou!up!Njooftpub!Tubuvuft!)#N/T/#*-! Tfdujpot!57:/1:1!.!57:/2193-!jodmvtjwf-!bt!bnfoefe-!boe!N/T/-!Tfdujpot! 57:/285!up!57:/28:5-!jodmvtjwf-!bt!bnfoefe!)uif!#UJG!Bdu#*-!up!bttjtu!jo! gjobodjoh!qvcmjd!dptut!sfmbufe!up!uijt!qspkfdu/! ! 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Council Packet Page Number 93 of 136 H1, Attachment 2 Uif!Qspkfdu!Uby!Dbqbdjuz!)QUD*!mjtufe!jt!bo!ftujnbuf!pg!wbmvft!xifo!uif! qspkfdut!xjuijo!uif!Ejtusjdu!bsf!dpnqmfufe/! ! Qspkfdu!Uby!Dbqbdjuz! Qspkfdu!ftujnbufe!Uby!Dbqbdjuz!vqpo!dpnqmfujpo!851,109 Psjhjobm!ftujnbufe!Ofu!Uby!Dbqbdjuz 8,559 Gjtdbm!Ejtqbsjujft 0 Ftujnbufe!Dbquvsfe!Uby!Dbqbdjuz 842,550 Pay 2023 Psjhjobm!Mpdbm!Uby!Sbuf 125.0112% Ftujnbufe!Boovbm!Uby!Jodsfnfou!$1,053,282 Qfsdfou!Sfubjofe!cz!uif!Djuz 100% ! !!!Opuf;!Uby!dbqbdjuz!jodmveft!b!4/11&!jogmbujpo!gbdups!gps!uif!evsbujpo!pg!uif!Ejtusjdu/!Uif!uby! dbqbdjuz!jodmvefe!jo!uijt!dibsu!jt!uif!ftujnbufe!uby!dbqbdjuz!pg!uif!Ejtusjdu!jo!zfbs!37/!Uif!uby! dbqbdjuz!pg!uif!Ejtusjdu!jo!zfbs!pof!jt!ftujnbufe!up!cf!%218-924/! ! Qvstvbou!up!N/T/-!Tfdujpo!57:/288-!Tvce/!5-!uif!FEB!tibmm-!bgufs!b!evf!boe! ejmjhfou!tfbsdi-!bddpnqboz!jut!sfrvftu!gps!dfsujgjdbujpo!up!uif!Dpvouz!Bvejups! ps!jut!opujdf!pg!uif!Ejtusjdu!fombshfnfou!qvstvbou!up!N/T/-!Tfdujpo!57:/286-! 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Council Packet Page Number 94 of 136 H1, Attachment 2 Uif!dptut!pvumjofe!jo!uif!Vtft!pg!Gvoet!xjmm!cf!gjobodfe!qsjnbsjmz!uispvhi!uif! boovbm!dpmmfdujpo!pg!uby!jodsfnfout/!Uif!FEB!ps!Djuz!sftfswft!uif!sjhiu!up! jttvf!cpoet!)bt!efgjofe!jo!uif!UJG!Bdu*!ps!jodvs!puifs!joefcufeoftt!bt!b!sftvmu! pg!uif!UJG!Qmbo/!Bt!qsftfoumz!qspqptfe-!uif!qspkfdut!xjuijo!uif!Ejtusjdu!xjmm!cf! gjobodfe!cz!qbz.bt.zpv.hp!opuft!boe!!joufsgvoe!mpbot/!Boz!sfgvoejoh!bnpvout! xjmm!cf!effnfe!b!cvehfufe!dptu!xjuipvu!b!gpsnbm!npejgjdbujpo!up!uijt!UJG! Qmbo/!Uijt!qspwjtjpo!epft!opu!pcmjhbuf!uif!FEB!ps!Djuz!up!jodvs!efcu/!Uif!FEB! ps!Djuz!xjmm!jttvf!cpoet!ps!jodvs!puifs!efcu!pomz!vqpo!uif!efufsnjobujpo!uibu! tvdi!bdujpo!jt!jo!uif!cftu!joufsftu!pg!uif!Djuz/!! !!! Uif!FEB!ps!Djuz!nbz!jttvf!cpoet!tfdvsfe!jo!xipmf!ps!jo!qbsu!xjui!uby! jodsfnfout!gspn!uif!Ejtusjdu!jo!b!nbyjnvn!qsjodjqbm!bnpvou!pg!%24-267-:81/! Tvdi!cpoet!nbz!cf!jo!uif!gpsn!pg!qbz.bt.zpv.hp!opuft-!sfwfovf!cpoet!ps! opuft-!hfofsbm!pcmjhbujpo!cpoet-!ps!joufsgvoe!mpbot/!Uijt!ftujnbuf!pg!upubm! cpoefe!joefcufeoftt!jt!b!dvnvmbujwf!tubufnfou!pg!bvuipsjuz!voefs!uijt!UJG! Qmbo!bt!pg!uif!ebuf!pg!bqqspwbm/!! VTFT!PG!GVOET Dvssfoumz!voefs!dpotjefsbujpo!gps!uif!Ejtusjdu!jt!b!qspqptbm!up!gbdjmjubuf!uif! dpotusvdujpo!pg!261!vojut!pg!nbslfu!sbuf!sfoubm!ipvtjoh/!Uif!FEB!boe!Djuz! ibwf!efufsnjofe!uibu!ju!xjmm!cf!ofdfttbsz!up!qspwjef!bttjtubodf!up!uif!qspkfdu! gps!dfsubjo!Ejtusjdu!dptut-!bt!eftdsjcfe!ifsfjo/!! ! Uif!FEB!ibt!tuvejfe!uif!gfbtjcjmjuz!pg!uif!efwfmpqnfou!ps!sfefwfmpqnfou!pg! qspqfsuz!jo!boe!bspvoe!uif!Ejtusjdu/!Up!gbdjmjubuf!uif!ftubcmjtinfou!boe! efwfmpqnfou!ps!sfefwfmpqnfou!pg!uif!Ejtusjdu-!uijt!UJG!Qmbo!bvuipsj{ft!uif!vtf! pg!uby!jodsfnfou!gjobodjoh!up!qbz!gps!uif!dptu!pg!dfsubjo!fmjhjcmf!fyqfotft/!Uif! ftujnbuf!pg!qvcmjd!dptut!boe!vtft!pg!gvoet!bttpdjbufe!xjui!uif!Ejtusjdu!jt! pvumjofe!jo!uif!gpmmpxjoh!ubcmf/! ! VTFT Mboe0Cvjmejoh!Bdrvjtjujpo$ 1,800,000 Tjuf!Jnqspwfnfout0Qsfqbsbujpo 3,200,000 Vujmjujft 1,000,000 Puifs!Rvbmjgzjoh!Jnqspwfnfout 5,281,684 Benjojtusbujwf!Dptut!)vq!up!21&* 1,875,286 QSPKFDU!DPTUT!UPUBM$ 13,156,970 Joufsftu 7,471,171 QSPKFDU!BOE!JOUFSFTU!DPTUT!UPUBM$ 20,628,141 ! ! Uif!upubm!qspkfdu!dptu-!jodmvejoh!gjobodjoh!dptut!)joufsftu*!mjtufe!jo!uif!ubcmf! bcpwf!epft!opu!fydffe!uif!upubm!qspkfdufe!uby!jodsfnfout!gps!uif!Ejtusjdu!bt! tipxo!jo!uif!Tpvsdft!pg!Sfwfovf!tfdujpo/! Nbqmfxppe!Fdpopnjd!Efwfmpqnfou!Bvuipsjuz!! Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu!Op/!2.28 8! Council Packet Page Number 95 of 136 H1, Attachment 2 Ftujnbufe!dptut!bttpdjbufe!xjui!uif!Ejtusjdu!bsf!tvckfdu!up!dibohf!bnpoh! dbufhpsjft!xjuipvu!b!npejgjdbujpo!up!uif!UJG!Qmbo/!Uif!dptu!pg!bmm!bdujwjujft!up! cf!dpotjefsfe!gps!uby!jodsfnfou!gjobodjoh!xjmm!opu!fydffe-!xjuipvu!gpsnbm! npejgjdbujpo-!uif!cvehfu!bcpwf!qvstvbou!up!uif!bqqmjdbcmf!tubuvupsz! sfrvjsfnfout/!!Qvstvbou!up!N/T/-!Tfdujpo!57:/2874-!Tvce/!3-!op!npsf!uibo!36&! pg!uif!uby!jodsfnfou!qbje!cz!qspqfsuz!xjuijo!uif!Ejtusjdu!xjmm!cf!tqfou!po! bdujwjujft!sfmbufe!up!efwfmpqnfou!ps!sfefwfmpqnfou!pvutjef!pg!uif!Ejtusjdu!cvu! xjuijo!uif!cpvoebsjft!pg!Efwfmpqnfou!Ejtusjdu!Op/!2-!)jodmvejoh!benjojtusbujwf! dptut-!xijdi!bsf!dpotjefsfe!up!cf!tqfou!pvutjef!pg!uif!Ejtusjdu*!tvckfdu!up!uif! mjnjubujpot!bt!eftdsjcfe!jo!uif!UJG!Qmbo/! GJTDBM!EJTQBSJUJFT!FMFDUJPO! ! Qvstvbou!up!N/T/-!Tfdujpo!57:/288-!Tvce/!4-!uif!FEB!ps!Djuz!nbz!fmfdu!pof!pg!uxp! nfuipet!up!dbmdvmbuf!gjtdbm!ejtqbsjujft/!! ! Uif!FEB!xjmm!dipptf!up!dbmdvmbuf!gjtdbm!ejtqbsjujft!cz!dmbvtf!c!)jotjef*/ FTUJNBUFE!JNQBDU!PO!PUIFS!UBYJOH!KVSJTEJDUJPOT! Uif!ftujnbufe!jnqbdu!po!puifs!ubyjoh!kvsjtejdujpot!bttvnft!uibu!uif! sfefwfmpqnfou!dpoufnqmbufe!cz!uif!UJG!Qmbo!xpvme!pddvs!xjuipvu!uif! dsfbujpo!pg!uif!Ejtusjdu/!Ipxfwfs-!uif!FEB!ps!Djuz!ibt!efufsnjofe!uibu!tvdi! efwfmpqnfou!ps!sfefwfmpqnfou!xpvme!opu!pddvs!#cvu!gps#!uby!jodsfnfou! gjobodjoh!boe!uibu-!uifsfgpsf-!uif!gjtdbm!jnqbdu!po!puifs!ubyjoh!kvsjtejdujpot!jt! %1/!Uif!ftujnbufe!gjtdbm!jnqbdu!pg!uif!Ejtusjdu!xpvme!cf!bt!gpmmpxt!jg!uif!#cvu! gps#!uftu!xbt!opu!nfu;! ! Ftujnbufe! Dbquvsfe!Uby! Foujuz Qbz!3133034!Dbqbdjuz!)DUD*!Qfsdfou!pg! Upubm!Ofu!Uby!vqpo!DUD!up!Foujuz! DbqbdjuzdpnqmfujpoUpubm! 701,727,439842,550 Sbntfz!Dpvouz 0.1201% 54,936,998842,550 Djuz!pg!Nbqmfxppe 1.5337% JTE!733!)Opsui!Tu/!Qbvm. 58,853,485842,550 1.4316% Nbqmfxppe.Pblebmf* ! ! Nbqmfxppe!Fdpopnjd!Efwfmpqnfou!Bvuipsjuz!! Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu!Op/!2.28 9! Council Packet Page Number 96 of 136 H1, Attachment 2 Jnqbdu!po!Uby!Sbuft Qbz!3134!Qpufoujbm! Foujuz Fyufotjpo!SbufQfsdfou!pg!UpubmDUDUbyft 44.9009%35.92% 842,550 $ 378,313 Sbntfz!Dpvouz 341,637 40.5480%32.44% 842,550 Djuz!pg!Nbqmfxppe JTE!733!)Opsui!Tu/!Qbvm. 29.8253%23.86% 842,550 251,293 Nbqmfxppe.Pblebmf* 82,039 9.7370%7.79% 842,550 Puifs 125.0112%100.00% $ 1,053,282 ! ! Uif!ftujnbuft!mjtufe!bcpwf!ejtqmbz!uif!dbquvsfe!uby!dbqbdjuz!xifo!bmm! dpotusvdujpo!jt!dpnqmfufe/!Uif!uby!sbuf!vtfe!gps!dbmdvmbujpot!jt!uif!Qbz!3134! sbuf/!Uif!upubm!ofu!dbqbdjuz!gps!uif!foujujft!mjtufe!bcpwf!bsf!cbtfe!po!Qbz! 3134!gjhvsft/!Uif!Ejtusjdu!xjmm!cf!dfsujgjfe!voefs!uif!Qbz!3134!sbuft/! ! 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Council Packet Page Number 97 of 136 H1, Attachment 2 Uif!jnqbdu!pg!uif!Ejtusjdu!po!qvcmjd!jogsbtusvduvsf!jt!fyqfdufe!up!cf! njojnbm/!Uif!efwfmpqnfou!jt!opu!fyqfdufe!up!tjhojgjdboumz!jnqbdu! boz!usbggjd!npwfnfout!jo!uif!bsfb/!Uif!dvssfou!jogsbtusvduvsf!gps! tbojubsz!tfxfs-!tupsn!tfxfs!boe!xbufs!xjmm!cf!bcmf!up!iboemf!uif! beejujpobm!wpmvnf!hfofsbufe!gspn!uif!qspqptfe!efwfmpqnfou/!Cbtfe! po!uif!efwfmpqnfou!qmbot-!uifsf!bsf!op!beejujpobm!dptut!bttpdjbufe! xjui!tusffu!nbjoufobodf-!txffqjoh-!qmpxjoh-!mjhiujoh!boe!tjefxbmlt/!! !! Uif!qspcbcmf!jnqbdu!pg!uif!jttvbodf!pg!boz!hfofsbm!pcmjhbujpo!uby! jodsfnfou!cpoet!qbzbcmf!gspn!uby!jodsfnfou!sfwfovft!gspn!uif! 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Council Packet Page Number 108 of 136 H1, Attachment 2 REPORT OF INSPECTION PROCEDURES AND RESULTS FOR DETERMINING QUALIFICATIONS OF A TAX INCREMENT FINANCING DISTRICT AS A REDEVELOPMENT DISTRICT FROST AVENUE EASTTIF DISTRICT MAPLEWOOD, MINNESOTA March 11,2022Prepared by: LHB, Inc. 701 Washington Avenue North, Suite 200 Prepared for theMinneapolis, Minnesota 55401 CITY OF MAPLEWOOD LHB Project No. 220122 Council Packet Page Number 109 of 136 H1, Attachment 2 Table of Contents Part 1: Executive Summary......................................................................................................................................2 Purpose of the Evaluation........................................................................................................................................................2 Scope of Work.........................................................................................................................................................................2 Conclusion...............................................................................................................................................................................3 Part 2: Minnesota Statute 469.174, Subdivision 10 Requirements.......................................................................3 Interior Inspection....................................................................................................................................................................3 Exterior Inspection and Other Means......................................................................................................................................3 Documentation.........................................................................................................................................................................3 Qualification Requirements......................................................................................................................................................3 1. Coverage Test....................................................................................................................................................................3 2. Condition of Buildings Test.................................................................................................................................................4 3. Distribution of Substandard Buildings................................................................................................................................. 5 Part 3: Procedures Followed....................................................................................................................................5 Part 4: Findings.........................................................................................................................................................5 1. Coverage Test.....................................................................................................................................................................5 2. Condition of Building Test....................................................................................................................................................6 3. Distribution of Substandard Structures................................................................................................................................8 Part 5: Team Credentials..........................................................................................................................................9 Appendices................................................................................................................................................................9 APPENDIX A Property Condition Assessment Summary Sheet APPENDIX B Building Code, Condition Deficiency and Context Analysis Reports APPENDIX C Building Replacement Cost Reports Code Deficiency Cost Reports Photographs Frost Avenue East TIF District LHB Project No. 220122 Page 1 of 9Final Report Council Packet Page Number 110 of 136 H1, Attachment 2 Part 1: Executive Summary Purpose of the Evaluation LHB was hired by the City of Maplewood to inspect and evaluate the properties within a Tax Increment Financing Redevelopment District (ÐTIF DistrictÑ) proposed to be established by the City. The proposed TIF District is located at the corner of Frost Avenue East and Phalen Place North (Diagram 1). The purpose of LHBÓs work is to determine whether the proposed TIF District meets the statutory requirements for coverage, and whether one (1) buildingon three (3) parcels and one ROW area, located within the proposed TIF District, meetsthe qualifications required for a Redevelopment District. Diagram 1: Proposed TIF District Scope of Work The proposed TIF District consists of three (3) parcels and one ROW area with one (1) structure and one (1) outbuilding. One (1) building was inspected on February 15, 2022. Building Code and Condition Deficiency reports for the buildings that were inspectedand found substandardare inAppendix B. Frost Avenue East TIF District LHB Project No. 220122 Page 2 of 9Final Report Council Packet Page Number 111 of 136 H1, Attachment 2 Conclusion After inspecting and evaluating the properties within the proposed TIF District and applying current statutory criteria for a Redevelopment District under Minnesota Statutes, Section 469.174, Subdivision 10, it is our professional opinion that the proposed TIF District qualifies as a Redevelopment District because: The proposed TIF District has a coverage calculation of 100 percent which is above the 70 percent requirement. 100 percent of the buildings are structurally substandard which is above the 50 percent requirement. The substandard buildings are reasonably distributed. The remainder of this report describes our process and findings in detail. Part 2: Minnesota Statute 469.174, Subdivision 10 Requirements The properties were inspected in accordance with the following requirements under Minnesota Statutes, Section 469.174, Subdivision 10(c), which states: Interior Inspection ÐThe municipality may not make such determination \[that the building is structurally substandard\] without an interior inspection of the property...Ñ Exterior Inspection and Other Means ÐAn interior inspection of the property is not required, if the municipality finds that (1) the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard.Ñ Documentation ÐWritten documentation of the findings and reasons why an interior inspection was not conducted must be made and retained under section 469.175, subdivision 3(1).Ñ Qualification Requirements Minnesota Statutes, Section 469.174, Subdivision 10 (a) (1)requires three tests for occupied parcels: 1. COVERAGE TEST a.Minnesota Statutes, Section 469.174, Subdivision 10(a)(1) states: Ðparcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, or paved or gravel parking lotsÈÑ b.The coverage required by the parcel to be considered occupied is defined under Minnesota Statutes, Section 469.174, Subdivision 10(e), which states: ÐFor purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures unless 15 percent of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots, or other similar structures.Ñ Frost Avenue East TIF District LHB Project No. 220122 Page 3 of 9Final Report Council Packet Page Number 112 of 136 H1, Attachment 2 2. CONDITION OF BUILDINGS TEST a.Minnesota Statutes, Section 469.174, Subdivision 10(a) states: ÐÈand more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance;Ñ b.Structurally substandard is defined under Minnesota Statutes, Section 469.174, Subdivision 10(b), which states: ÐFor purposes of this subdivision, Òstructurally substandardÓ shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance.Ñ i.We do not count energy code deficiencies toward the thresholds required by Minnesota Statutes, Section 469.174, Subdivision 10(b)defined as Ðstructurally substandardÑ, due to concerns expressed by the State of Minnesota Court of Appeals in the Walser Auto Sales, Inc. vs. City of Richfield case filed November 13, 2001. c.Buildings are not eligible to be considered structurally substandard unless they meet certain additional criteria, as set forth in Subdivision 10(c) which states: ÐA building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structuralrepairs, or other similar reliable evidence.Ñ ÐItems of evidence that support such a conclusion \[that the building is not disqualified\] include recent fire or police inspections, on-site property tax appraisals or housing inspections, exterior evidence ofdeterioration, or other similar reliable evidence.Ñ i.LHB counts energy code deficiencies toward the 15 percent code threshold required by Minnesota Statutes, Section 469.174, Subdivision 10(c)) for the following reasons: 1)The Minnesota energy code is one often building code areas highlighted by the Minnesota Department of Labor and Industry website where minimum construction standards are required by law. 2)Chapter 13 of the 2015 Minnesota Building Code states, ÐBuildings shall be designed and constructed in accordance with the International Energy Conservation Code.Ñ Furthermore, Minnesota Rules, Chapter 1305.0021 Subpart 9 states, ÐReferences to the International Energy Conservation Code in this code mean the Minnesota Energy Code ÈÑ 3)Chapter 11 of the 2015 Minnesota Residential Code incorporates Minnesota Rules, Chapters, 1322 and 1323 Minnesota Energy Code. 4)The Senior Building Code Representative for the Construction Codes and Licensing Division of the Minnesota Department of Labor and Industry confirmed that the Minnesota Energy Code is being enforced throughout the State of Minnesota. 5)In a January 2002 report to the Minnesota Legislature, the Management Analysis Division of the Minnesota Department of Administration confirmed that the construction cost of new buildings complying with the Minnesota Energy Code is higher than buildings built prior to the enactment of the code. 6)Proper TIF analysis requires a comparison between the replacement value of a new building built under current code standards with the repairs that would be necessary to bring the existing building up to current code standards. Foran equal comparison to be made, all applicable code chapters should be applied to both scenarios. Since current construction estimating software automatically applies the construction cost of complying with the Minnesota Energy Code, energy code deficiencies should also be identified in the existing structures. Frost Avenue East TIF District LHB Project No. 220122 Page 4 of 9Final Report Council Packet Page Number 113 of 136 H1, Attachment 2 3. DISTRIBUTION OF SUBSTANDARD BUILDINGS a.MinnesotaStatutes, Section 469.174, Subdivision 10, defines a Redevelopment District and requires one or more of the following conditionsÐreasonably distributed throughout the district.Ñ: Ð(1) Parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; (2)the property consists of vacant, unused, underused, inappropriately used, or infrequently used rail yards, rail storage facilities, or excessive or vacated railroad rights-of-way; (3)tank facilities, or property whose immediately previous use wasfor tank facilitiesÈÑ b.Our interpretation of the distribution requirement is that the substandard buildings must be reasonably distributed throughout the district as compared to the location of all buildings in the district. For example, if all of the buildings in a district are located on one half of the area of the district, with the other half occupied by parking lots (meeting the required 70 percent coverage for the district), we would evaluate the distribution of the substandard buildings compared with only the half of the district where the buildings are located. If allthe buildings in a district are located evenly throughout the entire area of the district, the substandard buildings must be reasonably distributed throughout the entire area of the district. We believe this is consistent with the opinion expressed by the State of Minnesota Court of Appeals in the Walser Auto Sales, Inc. vs. City of Richfield case filed November 13, 2001. Part 3: Procedures Followed LHB inspected one (1) buildingduring the day of February 15, 2022. Barns and outbuildings: For the purposes of our work, we are defining buildings as those structures inhabited by human beings. These structures would typically include water, sewer, and electricity. Barns and small storage facilities are considered ÐoutbuildingsÑ which are not typically considered in TIF analysis because they have very few code requirements and are not intended for human occupation. A small three-sided structure on Parcel D was identified as an ÐoutbuildingÑ and not inspected. Part 4: Findings 1.Coverage Test a.The total square foot area ofthe parcel in the proposed TIF District was obtained from City records, GIS mapping and site verification. b.The total square foot area of buildings and site improvements on the parcels in the proposed TIF District was obtained from City records, GIS mapping and site verification. c.The percentage of coverage for each parcel in the proposed TIF District was computed to determine if the 15 percent minimum requirement was met. The total square footage of parcels meeting the 15 percent requirement was divided into the total square footage of the entire district to determine if the 70 percent requirement was met. Frost Avenue East TIF District LHB Project No. 220122 Page 5 of 9Final Report Council Packet Page Number 114 of 136 H1, Attachment 2 FINDING The proposed TIF District met the coverage test under Minnesota Statutes, Section 469.174, Subdivision 10(e), which resulted in parcels consisting of 100 percent of the area of the proposed TIF District being occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures (Diagram 2). This exceeds the 70 percent area coverage requirement for the proposed TIF District under Minnesota Statutes, Section 469.174, Subdivision (a) (1). Diagram 2 Ï Coverage Diagram Shaded area depicts a parcel more than 15 percent occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures 2.Condition of Building Test a.BUILDING INSPECTION i.The first step in the evaluation process is the building inspection. After an initial walk-thru, the inspector makes a judgment whethera building ÐappearsÑ to have enough defects or deficiencies of sufficient total significance to justify substantial renovation or clearance. If it does, the inspector documents with notes and photographs code and non-code deficiencies in the building. b.REPLACEMENT COST i.The second step in evaluating a building to determine if it is substandard to a degree requiring substantial renovation or clearance is to determine its replacement cost. This is the cost of constructing a new structure of the same square footage and type on site. Replacement costs were researched using R.S. Means Cost Works square foot models for 2022. Frost Avenue East TIF District LHB Project No. 220122 Page 6 of 9Final Report Council Packet Page Number 115 of 136 H1, Attachment 2 ii.A replacement cost was calculated by first establishing building use (office, retail, residential, etc.), building construction type (wood, concrete, masonry, etc.), and building size to obtain the appropriate median replacement cost, which factors in the costs of construction in Maplewood, Minnesota. iii.Replacement cost includes labor, materials, and the contractorÓs overhead and profit. Replacement costs do not include architectural fees, legal fees or other ÐsoftÑ costs not directly related to construction activities. Replacement cost for each building is tabulated in Appendix A. c.CODE DEFICIENCIES i.The next step in evaluating a building is to determine what code deficiencies exist with respect to such building. Code deficiencies are those conditions for a building which are not in compliance with current building codes applicable to new buildings in the State of Minnesota. ii.Minnesota Statutes, Section 469.174, Subdivision 10(c), specifically provides that a building cannot be considered structurally substandard if its code deficiencies are not at least 15 percent of the replacement cost of the building. As a result, it was necessary to determine the extent of code deficiencies for each building in the proposed TIF District. iii.The evaluation was made by reviewing all available information with respect to such buildings contained in City Building Inspection records and making interior and exterior inspections of the buildings. LHB utilizes the current Minnesota State Building Code as the official code for our evaluations. The Minnesota State Building Code is a series of provisional codes written specifically for Minnesota only requirements, adoption of several international codes, and amendments to the adopted international codes. iv.After identifying the code deficiencies in each building, we used R.S. Means Cost Works 2022; Unit and Assembly Costs to determine the cost of correcting the identified deficiencies. We were then able to compare the correction costs with the replacement cost of each building to determine if the costs for correcting code deficiencies meet the required 15 percent threshold. FINDING One (1) out of one (1) buildings (100 percent) in the proposed TIF District contained code deficiencies exceeding the 15 percent threshold required by Minnesota Statutes, Section 469.174, Subdivision 10(c). Building Code, Condition Deficiency and Context Analysis reports for the buildings in the proposed TIF District can be found in Appendix B of this report. d.SYSTEM CONDITION DEFICIENCIES i.If a building meets the minimum code deficiency threshold under Minnesota Statutes, Section 469.174, Subdivision 10(c), then in order for such building to be Ðstructurally substandardÑ under Minnesota Statutes, Section 469.174, Subdivision 10(b), the buildingÓs defects or deficiencies should be of sufficient total significance to justify Ðsubstantial renovation or clearance.Ñ Based on this definition, LHB re-evaluated each of the buildings that met the code deficiency threshold underMinnesota Statutes, Section 469.174, Subdivision 10(c), to determine if the total deficiencies warranted Ðsubstantial renovation or clearanceÑ based on the criteria we outlined above. ii.System condition deficiencies are a measurement of defects or substantial deterioration in site elements, structure, exterior envelope, mechanical and electrical components, fire protection and emergency systems, interior partitions, ceilings, floors, and doors. iii.The evaluation of system condition deficiencies was made by reviewing all available information contained in City records, and making interior and exterior inspections of the buildings. LHB only identified system condition deficiencies that were visible upon our inspection of the building or contained in City records. We did not consider the amount of Ðservice lifeÑ used up for a particular component unless it was an obvious part of that componentÓs deficiencies. iv.After identifying the system condition deficiencies in each building, we used our professional judgmentto determine if the list of defects or deficiencies is of sufficient total significance to justify Ðsubstantial renovation or clearance.Ñ Frost Avenue East TIF District LHB Project No. 220122 Page 7 of 9Final Report Council Packet Page Number 116 of 136 H1, Attachment 2 FINDING In our professional opinion, one (1) out of one (1) buildings (100 percent) in the proposed TIF District are structurally substandard to a degree requiring substantial renovation or clearance, because of defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. This exceeds the 50 percent requirement of Subdivision 10a(1). 3.Distribution of Substandard Structures e.Much of this report has focused on the condition of individual buildings as they relate to requirements identified by Minnesota Statutes, Section 469.174, Subdivision 10. It is also important to lookat the distribution of substandard buildings throughout the geographic area of the proposed TIF District (Diagram 3). FINDING The parcels with substandard buildings are reasonably distributed compared to all parcels that contain buildings. Diagram 3 Ï Substandard Buildings Shaded green area depicts parcels with buildings. Shaded orange area depicts substandard buildings. Frost Avenue East TIF District LHB Project No. 220122 Page 8 of 9Final Report Council Packet Page Number 117 of 136 H1, Attachment 2 Part 5: Team Credentials Michael A. Fischer, AIA, LEED AP - Project Principal/TIF Analyst Michael has 34 years of experience as project principal, project manager, project designer and project architect on planning, urban design, educational, commercial, and governmental projects. He has become an expert on Tax Increment Finance District analysis assisting over 100 cities with strategic planning for TIF Districts. He is an Architectural Principal at LHB and currently leads the Minneapolis office. Michael completed a two-year Bush Fellowship, studying at MIT and Harvard in 1999, earning masterÓs degrees in City Planning and Real Estate Development from MIT. He has served on more than 50 committees, boards, and community task forces, including a term as a City Council President, Chair of a Metropolitan Planning Organization, and Chair of the Edina Planning Commission. Most recently, he served as a member of the Edina city counciland Secretary of the Edina HRA. Michael has also managed and designed several award-winning architectural projectsand was one of four architects in the Country to receive the AIA Young Architects Citation in 1997. Phil Fisher Ï Inspector For 35 years, Phil Fisher worked in the field of Building Operations in Minnesota including White Bear Lake Area Schools. At the University of Minnesota,he earned his Bachelor of Science in Industrial Technology. He is a Certified Playground Safety Inspector, Certified Plant Engineer, and is trained in Minnesota Enterprise Real Properties (MERP) Facility Condition Assessment (FCA). His FCA training was recently applied to the Minnesota Department of Natural Resources Facilities Condition Assessment project involving over 2,000 buildings. Appendices APPENDIX A Property Condition Assessment Summary Sheet APPENDIX B Building Code, Condition Deficiency and Context Analysis Reports APPENDIX C Building Replacement Cost Reports Code Deficiency Cost Reports Photographs Frost Avenue East TIF District LHB Project No. 220122 Page 9 of 9Final Report Council Packet Page Number 118 of 136 H1, Attachment 2 APPENDIX A Property Condition Assessment Summary Sheet Council Packet Page Number 119 of 136 H1, Attachment 2 Council Packet Page Number 120 of 136 H1, Attachment 2 APPENDIX B Building Code, Condition Deficiency and Context Analysis Reports Council Packet Page Number 121 of 136 H1, Attachment 2 Frost Avenue EastRedevelopment TIF District Building Code, Condition Deficiency and Context Analysis Report Parcel B Retail Building Address: 1136 Frost Avenue East, Maplewood, Minnesota 55109 Parcel ID:162922420003 Inspection Date(s) & Time(s):February 15, 2022 Inspection Type:Interior and Exterior Summary of Deficiencies:It is our professional opinion that this building is Substandard because: -Substantial renovation is required to correct Conditions found. -Building Code deficiencies total more than 15% of replacement cost, NOT including energy code deficiencies. Estimated Replacement Cost:$1,738,602 Estimated Cost to Correct Building Code Deficiencies:$435,520 Percentage of Replacement Cost for Building Code Deficiencies:25.1% DEFECTS IN STRUCTURAL ELEMENTS 1.Concrete block and mortar are damaged/missing allowing for water intrusion which is contrary to code. 2.Foundation wall is failing allowing for water intrusion which is contrary to code. 3.Steel support columns are not properly connected to horizontal beams per code. COMBINATION OF DEFICIENCIES 1.Essential Utilities and Facilities a.There is no code required accessible parking. b.There is no code required accessible route into the building. c.There is no code required accessible route to all levels of the building. d.There is no code required accessible restroom. e.There is no code required water fountain. 2.Light and Ventilation a.The lighting system is not code compliant. b.The electrical wiring system is not code compliant. c.The HVAC system is not code compliant. d.Flammable material cabinet is not properly vented per code. 3.Fire Protection/Adequate Egress a.Thresholds do not comply with code for maximum height. b.There is no code required fire caulking in through wall, floor, and ceiling penetrations. Frost Avenue East TIF DistrictPage 1 of 3 Building Report LHB Project No.220122Parcel B Î 1136 Frost Ave E, Maplewood, MN 55109 Council Packet Page Number 122 of 136 H1, Attachment 2 c.The stairs donot comply with code. d.The emergency exit signage does not comply with code. e.Smoke detectors are not code compliant. f.The emergency lighting system does not comply with code. g.There is no code required emergency notification system. h.There is no code required building sprinkler system. 4.Layout and Condition of Interior Partitions/Materials a.Interior walls and ceilings should be repaired/repainted. 5.Exterior Construction a.Windows are failing allowing for water intrusion which is contrary to code. b.Brick and mortar are failing allowing for water intrusion which is contrary to code. c.Expansion joint caulking is failing allowing for water intrusion which is contrary to code. d.Stucco is cracked/damaged allowing for water intrusion which is contrary to code. e.Roofing material has failed allowing for water intrusion which is contrary to code. DESCRIPTION OF CODE DEFICIENCIES 1.Damaged concrete block and mortar should be repaired/replaced to prevent water intrusion per code. 2.Failing foundation wall should be repaired to prevent water intrusion per code. 3.Steel support columns should be properly fastened to horizontal beams per code. 4.Accessible parking should be created per code. 5.An accessible route into the building should be created per code. 6.An accessible route to all levels should be created per code. 7.A code compliant restroom should be created. 8.Install code required drinking fountain. 9.Code compliant lighting should be installed. 10.Code compliant electrical wiring should be installed. 11.A code compliant HVAC system should be installed. 12.A code required exhaust system for the flammable storage cabinet should be installed. 13.Thresholds should be modified to comply with code for maximum height. 14.Code required firecaulking should be placed in all through wall, floor and ceiling penetrations. 15.The stairs should be modified to comply with code. 16.Code compliant emergency exit signs should be installed. 17.Code compliant smoke detectors should be installed. 18.A code required emergency notification system should be installed. 19.Code compliant emergency lighting should be installed. 20.A code required building sprinkler system should be installed. 21.Failed windows should be replaced to prevent water intrusion per code. 22.Failed brick andmortar should be repaired/replaced to prevent water intrusion per code. 23.Failed expansion joint caulking should be removed/replaced to prevent water intrusion per code. Frost Avenue East TIF DistrictPage 2 of 3 Building Report LHB Project No.220122Parcel B Î 1136 Frost Ave E, Maplewood, MN 55109 Council Packet Page Number 123 of 136 H1, Attachment 2 24.Failed stucco should be repaired to prevent water intrusion per code. 25.Failed roofing material should be removed/replaced to prevent water intrusion per code. OVERVIEW OF DEFICIENCIES This building was originally a retail space but is now used as a specialty machine shop. There is no code required accessible parking or route into the building. There is no accessible route to all levels of the building. Exterior block and brick are failing allowing for water intrusion which is contrary to code. Windows are failing allowing for water intrusion which is contrary to code. The electrical wiring and lighting systems do not comply with code. The HVAC system does not comply with code. The restroom does not comply with accessibilitycode. Life safety systems are either not installed or do not comply with code. The flammable material cabinet is not vented per code. The roofing material has failed allowing for water intrusion which is contrary to code. The stairs do not comply with code. The foundation wall is failing allowing for water intrusion which is contrary to code. The steel support column is not properly fastened to the horizontal beam per code. ENERGY CODE DEFICIENCIES In addition to the building code deficiencies listed above, the existing building does not comply with the current energy code. These deficiencies are not included in the estimated costs to correct code deficiencies and are not considered in determining whetherthe building is substandard: M:\\22Proj\\220122\\300 Design\\Reports\\1136 Frost Ave Building Report Redevelopment District.docx Frost Avenue East TIF DistrictPage 3 of 3 Building Report LHB Project No.220122Parcel B Î 1136 Frost Ave E, Maplewood, MN 55109 Council Packet Page Number 124 of 136 H1, Attachment 2 APPENDIX C Building Replacement Cost Reports Code Deficiency Cost Reports Photographs Council Packet Page Number 125 of 136 H1, Attachment 2 Council Packet Page Number 126 of 136 H1, Attachment 2 Council Packet Page Number 127 of 136 H1, Attachment 2 Council Packet Page Number 128 of 136 H1, Attachment 2 FROST AVENUE EAST REDEVELOPMENT TIF DISTRICT Code Deficiency Cost Report Parcel B - 1136 Frost Avenue East, Maplewood, Minnesota 55109Building Name or Type Parcel ID 162922420003Retail Building Unit Code Related Cost ItemsUnit CostUnitsTotal Quantity Accessibility Items Parking Create code required accessible parking $ EA1100.00$100.00 Accessible Route Create code required accessible route into the building $ Lump1500.00$500.00 Create code required accessible route to all levels of the building $ SF8,00011.88$95,040.00 Restroom Modify restroom to comply with accessibility code $ SF8,0001.45$11,600.00 Drinking Fountain Install code required drinking fountain $ SF8,0000.53$4,240.00 Structural Elements Concrete Block and Mortar Repair/replace damagedexteriorconcrete blockandmortar toprevent water intrusion per code $ SF8,0004,000.000.50$ Repair foundation wall to prevent water intrusion per code $ Lump12,500.002,500.00$ Steel Support Column Properly attach steel column to horizontal beam per code $ Lump1250.00250.00$ Exiting Thresholds Modify thresholds to comply with code for maximum height $ EA4500.00$2,000.00 Stairs Modify stairs to comply with code $ SF8,0001.15$9,200.00 Exit Signs Install code compliant exit signs $ SF8,0000.22$1,760.00 Emergency Lighting Install code compliant emergency exit lighting system $ SF8,0000.35$2,800.00 Fire Protection Fire Caulking Installcoderequired firecaulkingatall through floor,wallandceiling penetrations $ SF8,0000.11$880.00 Smoke Detectors Install code compliant smoke detectors $ SF8,0001.12$8,960.00 Emergency Notification System Install code required emergency notification system $ SF8,0000.49$3,920.00 Building Sprinkler System Install a code required building sprinkler system $ SF8,0006.75$54,000.00 Frost Avenue East TIF DistrictCode Deficiency Cost Report Page 1 of 2 LHB Project No. 220122Parcel B - 1136 Frost Ave E, Maplewood, MN 55109 Council Packet Page Number 129 of 136 H1, Attachment 2 Unit Code Related Cost ItemsUnit CostUnitsTotal Quantity Exterior Construction Windows Replace failed windows to prevent water intrusion per code $ SF8,0002.98$23,840.00 Brick and Mortar Replace failed face brick and mortar to prevent water intrusion per code $ Lump11,500.00$1,500.00 Expansion Joint Caulking Remove/replace failedexpansion jointcaulking topreventwater intrusion per code $ Lump1350.00$350.00 Stucco Repair damaged stucco to prevent water intrusion per code $ Lump1800.00$800.00 Roof Construction Roofing Material Remove failed roofing material $ SF8,0000.15$1,200.00 Install roofing material to prevent water intrusion per code $ SF8,0004.70$37,600.00 Mechanical- Electrical Mechanical Install code compliant HVAC sytem $ SF8,00010.01$80,080.00 Install code required ventilation system on flammable material cabinet800.00$ Lump1$800.00 Electrical Install code compliant lighting system $ SF8,0009.26$74,080.00 Install code compliant electrical wiring system $ SF8,0001.69$13,520.00 Total Code Improvements435,520$ Energy Code Frost Avenue East TIF DistrictCode Deficiency Cost Report Page 2 of 2 LHB Project No. 220122Parcel B - 1136 Frost Ave E, Maplewood, MN 55109 Council Packet Page Number 130 of 136 H1, Attachment 2 Council Packet Page Number 131 of 136 H1, Attachment 2 Council Packet Page Number 132 of 136 H1, Attachment 2 Council Packet Page Number 133 of 136 H1, Attachment 2 Council Packet Page Number 134 of 136 H1, Attachment 2 Council Packet Page Number 135 of 136 H1, Attachment 2 Council Packet Page Number 136 of 136 For the permanent record: Meeting Date: 6/26/2023 Agenda Item H1, Additional Attachment City Council -June 26, 2023 TIF District No. 17Reuter Walton -Frost Ave For the permanent record: Meeting Date: 6/26/2023 Agenda Item H1, Additional Attachment 2 -ÐBut ForÑ test TIF District No. 17 ÎRW Frost Ave Project OverviewTIF Plan SummaryPro Forma Analysis For the permanent record: Meeting Date: 6/26/2023 Agenda Item H1, Additional Attachment 3 LHB Blight Study completed March 2022 district ($302,540 per unit)restrictionsMarine property and has a purchase agreement for city owned land Project Overview ¤Project qualifies as a Redevelopment TIF ¤2023 Project cost is $45.4 million ¤Rents are market rate, no income or rent ¤Developer has purchased Maplewood For the permanent record: Meeting Date: 6/26/2023 Agenda Item H1, Additional Attachment 4 ant any assistance to the budget authority for TIF revenues and Identify an amount of or gr document that allows for creation of a TIF district maximum Planning expenditures DOES NOT: developer ÎTIF Agreement (Development Agreement) does this TIF Plan¤Documents to memorialize the statutory requirements of the district¤Identifies the geographic location of the project ¤Provides ¤ For the permanent record: Meeting Date: 6/26/2023 Agenda Item H1, Additional Attachment 5 Provided via Pay-as-You-Go payments to the developer From TIF only, no other repayment required from the CityThis is the budgeted amount Î5% is anticipated per term sheet TIF Plan¤Estimated project assessed value: $34.5 million ¤Includes 3% inflation and 4% interest over the full 26 years¤Yielding $18.8 million in gross tax increment (plus interest)¤Actual assistance: $4,500,000 (present value @ 14 years maximum)¤Includes a 10% allowance for City administration costs For the permanent record: Meeting Date: 6/26/2023 Agenda Item H1, Additional Attachment 6 ed duration, the City/EDA does not may not reasonably occur without public assistance from the City ÎDeveloper obtains financingmake up the difference. Reuter Walton TIF Request ÎProforma Analysis¤Based on current market conditions and proforma, the development ¤Assistance would be Pay-As-You-Go Îmeaning nothing up front ¤Payments made ONLY from captured tax increment¤If not is not repaid during specifi For the permanent record: Meeting Date: 6/26/2023 Agenda Item H1, Additional Attachment 7 ent Agreement subject to EDA tonight Equity Requirements, Building Codes Agreement was made at 14 yearsPresent value of $4.5 million paid from 95% of annual TIF revenueAdministration of TIF District paid for with 5% remainingLookback provision at construction completion Construction Costs, Interest Rates, Term Sheet approved by EDA, Developm Developer original request was 15 years Reuter Walton TIF Request ÎProforma Analysis¤Redevelopment TIF district maximum duration is 26 years¤Evolving issues challenging many projects For the permanent record: Meeting Date: 6/26/2023 Agenda Item H1, Additional Attachment 8 Development District Program for Development District No. 1 and the Tax Increment Financing Plan for Tax Increment Financing District No. 1-17. Recommendation¤Motion to approve the Resolution Approving Modifications of the