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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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$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.
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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.
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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
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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
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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
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team. Working together, these officers and sergeants safely removed the juvenile male from a
dynamic and dangerous situation.
Attachments:
None.
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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IN WITNESS WHEREOF, the Grantee and the Council have caused this Agreement to be executed
by their duly authorized representatives. This Agreement is effective on the date of final execution
by the Council.
City of Maplewood METROPOLITAN COUNCIL
By: _______________________________ By: _____________________________
LisaBeth Barajas, Executive Director
Title: _____________________________ Community Development Division
Date: _____________________________ Date: ___________________________
By: _______________________________
Title: _____________________________
Date: _____________________________
By: _______________________________
Title: _____________________________
Date: _____________________________
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.
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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.
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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:
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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
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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.
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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
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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.
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G6, Attachment 1
CITY OFMAPLEWOOD, MINNESOTA
By: _______________________________ Date: ______________________
Mayor
By: _______________________________ Date:_______________________
City Manager
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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uif!Ejtusjdu!bsf!pddvqjfe!cz!cvjmejoht-!tusffut-!vujmjujft-!qbwfe!ps!hsbwfm!
qbsljoh!mput!ps!puifs!tjnjmbs!tusvduvsft/!!
$!Bo!jotqfdujpo!pg!uif!cvjmejoht!mpdbufe!xjuijo!uif!Ejtusjdu!gjoet!uibu!npsf!
uibo!61&!pg!uif!cvjmejoht!bsf!tusvduvsbmmz!tvctuboebse!bt!efgjofe!jo!uif!UJG!
Bdu/!)Tff!Bqqfoejy!E*/!
!
Qvstvbou!up!N/T/-!Tfdujpo!57:/287-!Tvce/!8-!uif!Ejtusjdu!epft!opu!dpoubjo!boz!
qbsdfm!ps!qbsu!pg!b!qbsdfm!uibu!rvbmjgjfe!voefs!uif!qspwjtjpot!pg!N/T/-!Tfdujpot!
384/222-!384/223-!ps!384/225!ps!Dibqufs!584I!gps!ubyft!qbzbcmf!jo!boz!pg!uif!gjwf!
dbmfoebs!zfbst!cfgpsf!uif!gjmjoh!pg!uif!sfrvftu!gps!dfsujgjdbujpo!pg!uif!Ejtusjdu/!
!
EVSBUJPO!'!GJSTU!ZFBS!PG!EJTUSJDUT!UBY!JODSFNFOU
!
Qvstvbou!up!N/T/-!Tfdujpo!57:/286-!Tvce/!2-!boe!Tfdujpo!57:/287-!Tvce/!2-!uif!
evsbujpo!boe!gjstu!zfbs!pg!uby!jodsfnfou!pg!uif!Ejtusjdu!nvtu!cf!joejdbufe!xjuijo!
uif!UJG!Qmbo/!Qvstvbou!up!N/T/-!Tfdujpo!57:/287-!Tvce/!2c/-!uif!evsbujpo!pg!uif!
Ejtusjdu!xjmm!cf!36!zfbst!bgufs!sfdfjqu!pg!uif!gjstu!jodsfnfou!cz!uif!FEB!ps!Djuz!
)b!upubm!pg!37!zfbst!pg!uby!jodsfnfou*/!Uif!FEB!ps!Djuz!fmfdut!up!sfdfjwf!uif!gjstu!
uby!jodsfnfou!jo!3136-!xijdi!jt!op!mbufs!uibo!gpvs!zfbst!gpmmpxjoh!uif!zfbs!pg!
bqqspwbm!pg!uif!Ejtusjdu/!!
Nbqmfxppe!Fdpopnjd!Efwfmpqnfou!Bvuipsjuz!!
Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu!Op/!2.28 5!
Council Packet Page Number 92 of 136
H1, Attachment 2
Uivt-!ju!jt!ftujnbufe!uibu!uif!Ejtusjdu-!jodmvejoh!boz!npejgjdbujpot!pg!uif!UJG!Qmbo!
gps!tvctfrvfou!qibtft!ps!puifs!dibohft-!xpvme!ufsnjobuf!bgufs!3161-!ps!xifo!
uif!UJG!Qmbo!jt!tbujtgjfe/!Uif!FEB!ps!Djuz!sftfswft!uif!sjhiu!up!efdfsujgz!uif!
Ejtusjdu!qsjps!up!uif!mfhbmmz!sfrvjsfe!ebuf/!
PSJHJOBM!UBY!DBQBDJUZ-!UBY!SBUF!'!FTUJNBUFE!DBQUVSFE!
OFU!UBY!DBQBDJUZ!WBMVF0JODSFNFOU!'!OPUJGJDBUJPO!PG!
QSJPS!QMBOOFE!JNQSPWFNFOUT!
Qvstvbou!up!N/T/-!Tfdujpo!57:/285-!Tvce/!8!boe!N/T/-!Tfdujpo!57:/288-!Tvce/!2-!
uif!Psjhjobm!Ofu!Uby!Dbqbdjuz!)POUD*!bt!dfsujgjfe!gps!uif!Ejtusjdu!xjmm!cf!cbtfe!
po!uif!nbslfu!wbmvft!qmbdfe!po!uif!qspqfsuz!cz!uif!bttfttps!jo!3133!gps!ubyft!
qbzbcmf!3134/!
!
Qvstvbou!up!N/T/-!Tfdujpo!57:/288-!Tvcet/!2!boe!3-!uif!Dpvouz!Bvejups!tibmm!
dfsujgz!jo!fbdi!zfbs!)cfhjoojoh!jo!uif!qbznfou!zfbs!3136*!uif!bnpvou!cz!
xijdi!uif!psjhjobm!wbmvf!ibt!jodsfbtfe!ps!efdsfbtfe!bt!b!sftvmu!pg;!
!
2/ Dibohf!jo!uby!fyfnqu!tubuvt!pg!qspqfsuz<!
3/ Sfevdujpo!ps!fombshfnfou!pg!uif!hfphsbqijd!cpvoebsjft!pg!uif!Ejtusjdu<!
4/ Dibohf!evf!up!bekvtunfout-!ofhpujbufe!ps!dpvsu.psefsfe!bcbufnfout<!
5/ Dibohf!jo!uif!vtf!pg!uif!qspqfsuz!boe!dmbttjgjdbujpo<!
6/ Dibohf!jo!tubuf!mbx!hpwfsojoh!dmbtt!sbuft<!ps!
7/ Dibohf!jo!qsfwjpvtmz!jttvfe!cvjmejoh!qfsnjut/!
!
Jo!boz!zfbs!jo!xijdi!uif!dvssfou!Ofu!Uby!Dbqbdjuz!)OUD*!wbmvf!pg!uif!Ejtusjdu!
efdmjoft!cfmpx!uif!POUD-!op!wbmvf!xjmm!cf!dbquvsfe!boe!op!uby!jodsfnfou!xjmm!
cf!qbzbcmf!up!uif!FEB!ps!Djuz/!
!
Uif!psjhjobm!mpdbm!uby!sbuf!gps!uif!Ejtusjdu!xjmm!cf!uif!mpdbm!uby!sbuf!gps!ubyft!
qbzbcmf!3134-!bttvnjoh!uif!sfrvftu!gps!dfsujgjdbujpo!jt!nbef!cfgpsf!Kvof!41-!
3134/!Uif!gjobm!sbuft!gps!3134!xfsf!bwbjmbcmf!bu!uif!ujnf!uif!Ejtusjdu!xbt!
ftubcmjtife/!Uif!POUD!boe!uif!Psjhjobm!Mpdbm!Uby!Sbuf!gps!uif!Ejtusjdu!bqqfbs!
jo!uif!ubcmf!cfmpx/!
!
Qvstvbou!up!N/T/-!Tfdujpo!57:/285!Tvce/!5!boe!N/T/-!Tfdujpo!57:/288-!Tvce/!2-!3-!
boe!5-!uif!ftujnbufe!Dbquvsfe!Ofu!Uby!Dbqbdjuz!)DUD*!pg!uif!Ejtusjdu-!xjuijo!
Efwfmpqnfou!Ejtusjdu!Op/!2-!vqpo!dpnqmfujpo!pg!uif!qspkfdut!xjuijo!uif!
Ejtusjdu-!xjmm!boovbmmz!bqqspyjnbuf!uby!jodsfnfou!sfwfovft!bt!tipxo!jo!uif!
ubcmf!cfmpx/!Uif!FEB!boe!Djuz!sfrvftu!211&!pg!uif!bwbjmbcmf!jodsfbtf!jo!uby!
dbqbdjuz!cf!vtfe!gps!sfqbznfou!pg!uif!pcmjhbujpot!pg!uif!FEB!ps!Djuz!boe!
dvssfou!fyqfoejuvsft-!cfhjoojoh!jo!uif!uby!zfbs!qbzbcmf!3136/!!
!!
Nbqmfxppe!Fdpopnjd!Efwfmpqnfou!Bvuipsjuz!!
Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu!Op/!2.28 6!
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!$1,053,282
Qfsdfou!Sfubjofe!cz!uif!Djuz 100%
!
!!!Opuf;!Uby!dbqbdjuz!jodmveft!b!4/11&!jogmbujpo!gbdups!gps!uif!evsbujpo!pg!uif!Ejtusjdu/!Uif!uby!
dbqbdjuz!jodmvefe!jo!uijt!dibsu!jt!uif!ftujnbufe!uby!dbqbdjuz!pg!uif!Ejtusjdu!jo!zfbs!37/!Uif!uby!
dbqbdjuz!pg!uif!Ejtusjdu!jo!zfbs!pof!jt!ftujnbufe!up!cf!%218-924/!
!
Qvstvbou!up!N/T/-!Tfdujpo!57:/288-!Tvce/!5-!uif!FEB!tibmm-!bgufs!b!evf!boe!
ejmjhfou!tfbsdi-!bddpnqboz!jut!sfrvftu!gps!dfsujgjdbujpo!up!uif!Dpvouz!Bvejups!
ps!jut!opujdf!pg!uif!Ejtusjdu!fombshfnfou!qvstvbou!up!N/T/-!Tfdujpo!57:/286-!
Tvce/!5-!xjui!b!mjtujoh!pg!bmm!qspqfsujft!xjuijo!uif!Ejtusjdu!ps!bsfb!pg!
fombshfnfou!gps!xijdi!cvjmejoh!qfsnjut!ibwf!cffo!jttvfe!evsjoh!uif!fjhiuffo!
)29*!npouit!jnnfejbufmz!qsfdfejoh!bqqspwbm!pg!uif!UJG!Qmbo!cz!uif!
nvojdjqbmjuz!qvstvbou!up!N/T/-!Tfdujpo!57:/286-!Tvce/!4/!Uif!Dpvouz!Bvejups!
tibmm!jodsfbtf!uif!psjhjobm!ofu!uby!dbqbdjuz!pg!uif!Ejtusjdu!cz!uif!ofu!uby!
dbqbdjuz!pg!jnqspwfnfout!gps!xijdi!b!cvjmejoh!qfsnju!xbt!jttvfe/!
!
Uif!Djuz!ibt!sfwjfxfe!uif!bsfb!up!cf!jodmvefe!jo!uif!Ejtusjdu!boe!gpvoe!op!
qbsdfmt!gps!xijdi!cvjmejoh!qfsnjut!ibwf!cffo!jttvfe!evsjoh!uif!29!npouit!
jnnfejbufmz!qsfdfejoh!bqqspwbm!pg!uif!UJG!Qmbo!cz!uif!Djuz/!
TPVSDFT!PG!SFWFOVF0CPOET!UP!CF!JTTVFE!
!
Uif!upubm!ftujnbufe!uby!jodsfnfou!sfwfovft!gps!uif!Ejtusjdu!bsf!tipxo!jo!uif!
ubcmf!cfmpx;!
!
TPVSDFT
Uby!Jodsfnfou$ 18,752,855
Joufsftu 1,875,286
UPUBM$ 20,628,141
!
!
!!
Nbqmfxppe!Fdpopnjd!Efwfmpqnfou!Bvuipsjuz!!
Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu!Op/!2.28 7!
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/!
!
Qvstvbou!up!N/T/-!Tfdujpo!57:/286!Tvce/!3)c*;!
!
)2*!!Ftujnbuf!pg!upubm!uby!jodsfnfou/!Ju!jt!ftujnbufe!uibu!uif!upubm!bnpvou!
pg!uby!jodsfnfou!uibu!xjmm!cf!hfofsbufe!pwfs!uif!mjgf!pg!uif!Ejtusjdu!jt!
%29-863-966<!
!
)3*!!Qspcbcmf!jnqbdu!pg!uif!Ejtusjdu!po!djuz!qspwjefe!tfswjdft!boe!bcjmjuz!
up!jttvf!efcu/!Bo!jnqbdu!pg!uif!Ejtusjdu!po!qpmjdf!qspufdujpo!jt!
fyqfdufe/!Xjui!boz!beejujpo!pg!ofx!sftjefout!ps!cvtjofttft-!qpmjdf!
dbmmt!gps!tfswjdf!xjmm!cf!jodsfbtfe/!Uif!djuz!ftujnbuft!uibu!uif!Ejtusjdu!
xjmm!ofdfttjubuf!bcpvu!211!ofx!qpmjdf!tfswjdf!dbmmt!qfs!zfbs!boe!b!
Djuz!qpqvmbujpo!jodsfbtf!pg!2/3&/!!Cbtfe!po!uif!jodsfbtf!jo!dbmmt!boe!
qpqvmbujpo-!uif!Djuz!ftujnbuft!uibu!1/78!pggjdfs!qptjujpot!xpvme!offe!
up!cf!beefe!up!qspwjef!uif!tbnf!mfwfm!pg!tfswjdf/!Uif!Djuz!epft!opu!
fyqfdu!uibu!uif!Efwfmpqnfou-!jo!boe!pg!jutfmg-!xjmm!ofdfttjubuf!ofx!
dbqjubm!jowftunfou!jo!qpmjdf!wfijdmft!ps!gbdjmjujft/!
!!!
Uif!Djuz!joejdbuft!uibu!uifsf!xjmm!cf!op!nbkps!gjobodjbm!ps!opo.
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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APPENDIX A
Property Condition Assessment Summary Sheet
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APPENDIX B
Building Code, Condition Deficiency and Context Analysis Reports
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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.
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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.
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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
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APPENDIX C
Building Replacement Cost Reports
Code Deficiency Cost Reports
Photographs
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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
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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
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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