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Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, discussion, and possible action on all of the following items:
I. Approval of the March 23, 2021, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions.
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember or citizen so requests, in which the item will be
removed from the Consent Agenda and placed elsewhere on the agenda.
A. Approval of March 9, 2021, City Council meeting minutes. (pp.1-12)
B. Licenses and Permits. (pp.13)
C. Claims. (pp.15-17)
IV. Public Hearing.
A. Resolution 21-025 a resolution adopting of a modification to the development program for
redevelopment project are no. 3; and establishing the Lowry Grove TIF District therein and adopting
a Tax Increment Financing Plan therefor. Stacie Kvilvang, Ehlers & Associates presenting. (pp.19-
97)
B. Resolution 21-026 a resolution authorizing an interfund loan for advance of certain costs in
connection with the Lowry Grove TIF District. Stacie Kvilvang, Ehlers & Associates presenting.
(pp.98-99)
V. Reports from Commission and Staff
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
MARCH 23, 2021
7:00 p.m.
HRA meeting immediately
after council meeting
If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313
or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay.
Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe.
VI. General Business of Council.
A. Resolution 21-027 a resolution authorizing the execution of a Redevelopment Agreement. Stacie
Kvilvang, Ehlers & Associates presenting. (pp.101-168)
B. Resolution 21-028 a resolution Providing for the sale of $3,100,000 General Obligation Bonds,
Series 2021A. Stacie Kvilvang & Keith Dahl, Ehlers & Associates presenting. (pp.169-181)
C. Resolution 21-029 a resolution Calling a hearing for the 2021 Street and Utility Improvement
project. Justin Messner, City Engineer presenting. (pp.183-193)
D. Resolution 21-030 Declaring the cost to be assessed and ordering preparation of proposed
assessments for the 2021 Street and Utility Improvement project. Justin Messner, City Engineer
presenting. (pp.195)
E. Resolution 21-031 a resolution Calling a hearing on the proposed assessments for the 2021 Street
and Utility Improvement project. Justin Messner, City Engineer presenting. (pp.197)
F. Resolution 21-032 a resolution renewing the Master Partnership Contract with the Minnesota
Department of Transportation. Justin Messner, City Engineer presenting. (pp.199-217)
G. St. Anthony Police Department Annual Report. (no action requested) Jon Mangseth, Police Chief
presenting. (pp.219-227)
H. Resolution 21-033 Approving a 2021 appointment to the Planning Commission. Charlie Yunker,
City Manager presenting. (pp.229-231)
I. Resolution 21-034 Supporting the Wyland Foundation’s Mayors Challenge for Water Conservation.
Charlie Yunker, City Manager presenting. (pp.233-236)
VII. Reports from City Manager and Council members.
VIII. Community Forum
Individuals may address the City Council about any City business item not included on the regular agenda.
Speakers are requested to come to the podium, sign their name and address on the form at the podium, state
their name and address for the Clerk’s record, and limit their remarks to five minutes. Generally, the City
Council will not take official action on items discussed at this time, but may typically refer the matter to staff
for a future report or direct the matter to be scheduled on an upcoming agenda.
IX. Information and Announcements
X. Adjournment
CITY OF ST. ANTHONY 1
CITY COUNCIL REGULAR MEETING MINUTES 2
MARCH 9, 2021 3
4
CALL TO ORDER. 5
6
Mayor Stille called the meeting to order at 7:00 p.m. 7
8
PLEDGE OF ALLEGIANCE. 9
10
Mayor Stille invited the Council and audience to join him in the Pledge of Allegiance. 11
12
ROLL CALL. 13
14
Present: Mayor Stille, Councilmembers Jenson, Randle, Walker and Webster. 15
Absent: None 16
Also Present: City Manager Charlie Yunker, Parks and Environmental Commission Vice Chair 17
James Niemi, Public Works Superintendent Jeremy Gumke, City Planner Steve 18
Grittman, and City Attorney Jay Lindgren. 19
Guest: Boulevard Autoworks Applicant Tom Archambault and WSB Engineer Justin 20
Messner. 21
22
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 23
ITEMS. 24
25
I.APPROVAL OF MARCH 9, 2021 CITY COUNCIL MEETING AGENDA. 26
27
Motion by Councilmember Webster, seconded by Councilmember Walker, to approve the City 28
Council Meeting Agenda of March 9, 2021 as presented. 29
30
Motion carried 5-0. 31
32
II.PROCLAMATIONS AND RECOGNITIONS – NONE. 33
34
III. CONSENT AGENDA.35
36
A.Approve February 23, 2021, Council meeting minutes.37
B.Licenses and permits.38
C.Claims.39
40
Motion by Councilmember Randle, seconded by Councilmember Jenson, to approve the Consent 41
Agenda items. 42
43
Motion carried 5-0. 44
45
IV. PUBLIC HEARING – NONE.46
47
V. REPORTS FROM COMMISSION AND STAFF - NONE. 48
49
1
VI. GENERAL BUSINESS OF COUNCIL. 1
2
A. 2021 Parks and Environmental Commission Work Plan 3
4
Parks and Environmental Commission Vice Chair James Niemi presented the 2021 Work Plan 5
for the St. Anthony Village Parks and Environmental Commission. The Parks and Environmental 6
Commission is a five-member advisory commission, appointed by the City Council and is 7
charged with the following duties: 8
A. To prepare, revise, and maintain a comprehensive, long-term plan for the redevelopment 9
of parks within the City. This plan shall be viewed as a working document that serves as 10
a framework and reference to future redevelopment; 11
B. To make recommendations to and advise the City Council and staff regarding park and 12
environmental issues and ideas; 13
C. To establish priorities and recommend a phasing plan and schedule for implementing 14
innovative park and environmental initiatives, improvements, renovations, and plans; 15
D. To work with other communities to explore cooperative arrangements to develop 16
connecting routes in the form of bikeways, walking paths, and corridors of green space 17
wherever possible; 18
E. To investigate funding sources, including requests for increases in the City budget, 19
designated for parks, green spaces and environmental initiatives; 20
F. To seek new areas for additional parks, natural areas, walking paths, bikeways, and green 21
space corridors; 22
G. To generate community involvement in the development of parks, environmental 23
initiatives and their elements; 24
H. To review and recommend revisions to the operation and maintenance of City parks and 25
environmental initiatives; and 26
I. To periodically review, re-evaluate and update the comprehensive park and 27
environmental initiatives plan to reflect current and future park needs of the City. 28
29
In 2021, the Parks and Environmental Commission will focus on the following items: 30
• Continue with citywide parks cleanup in the Spring. 31
• Education and outreach in conjunction with community organizations to promote use of 32
the organics drop off site. 33
• Explore pedestrian and bike friendly routes. 34
• Joint meeting with the Planning Commission. 35
• Explore water conservation initiatives working with Rice Creek and MWMO watersheds, 36
and partner with schools for water conservation poster contest. 37
• Promote Arbor Day and Tree City activities in 2021, including outreach and education to 38
residents and City contractors about tree diversity, climate resiliency, and proper planting 39
techniques. 40
• Promote annual Sustainability Fair at the Community Center. 41
• Central Park solar demonstration project. 42
43
Councilmember Randle asked for more information on the Central Park solar demonstration 44
project. Mr. Niemi stated the Citizens for Sustainability obtained a grant to work with the school 45
district to set up a solar demonstration. 46
2
1
Mayor Stille thanked Mr. Niemi for his report. 2
3
B. St. Anthony Public Works Department Annual Report 4
5
Public Works Superintendent Jeremy Gumke presented a power point summarizing the 2020 6
Public Works Annual Report including an Overview, Public Works Mission Statement, Public 7
Works Department, Changes in 2020, Tribute to Jay Hartman, Street Maintenance Division, Salt 8
and Salt/Brine Usage 2012-2021, Parks Maintenance Division, Park Usage by Ice Skaters, 2020 9
Citywide Park Projects, Parks and Environmental Commission, Water/Sewer Division, 10
Watermain Breaks and Service Leaks 2012-2020, Vehicle Maintenance Division, 2020 Annual 11
Employee Safety and Compliance Training, Engineering Division (WSB) Projects 2020, 12
Additional 2020 Projects, Street and Utility Improvements and Mill and Overlay Projects 2021-13
2033, 2021 Street and Utility Improvement Project, 2021 Mill & Overlay Project, 2021 14
Reclamite Project, Citywide Sustainability Initiatives, 2020 Sustainability Initiatives, 2021 and 15
Beyond, and 2021 Upcoming Events. 16
17
Mr. Gumke noted the entire report is available on the City Website www.savmn.com. 18
19
Councilmember Webster thanked Mr. Gumke for the overview. She was intrigued with the data 20
on the watermain breaks and service leaks. 21
22
Councilmember Jenson stated he agrees with what Councilmember Webster had said. He 23
thanked Mr. Gumke for stepping up and taking on added responsibilities since mid-November. 24
25
Mayor Stille stated a resident submitted a comment thanking the department for their work in 26
keeping the trails open. The email blast for snowplowing was very helpful to residents. Mayor 27
Stille mentioned about the Central Park drainage and where the tile was placed does not match 28
the drawing. 29
30
C. Resolution 21-024; a Resolution to approve conditional use permit for a car wash facility 31
with vacuum stations at 2701 Kenzie Terrace in the C, Commercial District 32
33
Mayor Stille stated first Mr. Grittman will make his presentation, followed by questions from the 34
Council, then the applicant will present, followed by questions and Council discussion, and 35
finally a motion will be made by Council. 36
37
City Planner Steve Grittman reviewed the applicant (Boulevard Autoworks) is proposing to 38
construct a new car wash facility at 2701 Kenzie Terrace. The facility requires a conditional use 39
permit and would replace the existing parking lot on the site. Based on a review of the 40
application, Planning Staff recommends approval of the CUP request, with conditions related to 41
compliance with code requirements applicable to the impacts of the proposed use. 42
43
The Planning Commission reviewed the application at a public hearing on December 15, 2020. 44
Several members of the public provided written and oral comments, expressing concerns related 45
to noise, lights, odors, and general compatibility with the neighborhood, with the potential to 46
3
disrupt quality of life and diminish property values. After the hearing, Commission discussed 1
the item extensively, ultimately passing a motion to recommend approval of the Conditional Use 2
Permit, based on the findings in the proposed resolution and with the conditions recommended in 3
the staff report, as well as one additional condition limiting hours of operation to 7:00 a.m. to 4
10:00 p.m. The applicant had indicated that the proposed hours of operation would be 8:00 a.m. 5
to 5:00 p.m. With those conditions, the Planning Commission vote passed unanimously. 6
7
The Council referred action on this item back to the Planning Commission to finalize and clarify 8
its recommendation. The Commission discussed it further. The Commissioners commented 9
predominantly related to their satisfaction that they had reviewed the subject thoroughly at their 10
previous meeting and did not believe it needed significant further review. The motion for 11
approval passed. 12
13
On January 26, the Council considered the item, with the clarified Planning Commission action. 14
Due to a variety of comments, the Council was concerned that additional verification of issues 15
raised was necessary to make a final determination. The Council directed staff to engage the 16
necessary resources to examine potential impacts on the use on air quality, stormwater 17
management, noise, and additionally, potential impact on neighboring property values. 18
19
Staff has undertaken those engagements, copies of which were provided for Council review. 20
21
Mr. Grittman provided background information stating the proposed car wash building would be 22
located toward the north/middle portion of the property, utilizing the middle of three existing 23
curb cuts to Kenzie Terrace. The other two curb cut access points would be closed. Traffic is 24
designed to enter the site and circulate counter-clockwise around the building to the entrance at 25
the west end, exiting the building to the east, with access to a series of one-way driveways that 26
provide access to outdoor vacuum stations on the south side of the building. The site plan also 27
provides 6 additional parking stalls on the site in two separate bays. 28
29
The proposed site plan appears to meet the minimum standards; however, a Conditional Use 30
Permit is subject to requirements to qualify for City approval. 31
1. The use is one of the conditional uses specifically listed for the district in which the 32
property is located; 33
2. The City Council has specified all conditions which the City Council deems necessary to 34
make the use compatible with other uses in the area; 35
3. The use will not be detrimental to the health, safety, or general welfare of persons 36
residing or working in the vicinity or to the values of property in the vicinity; and 37
4. The use will provide a service or a facility which is in the interest of public convenience 38
and will contribute to the general welfare. 39
40
Staff provided written resident comments for Council consideration along with detailed drawings 41
of the project. Staff proposed some specific additions and changes to the site plan designed to 42
moderate impacts. These are recommended conditions to the requested Conditional Use Permit 43
for a car wash facility at 2701 Kenzie Terrace. 44
1. Revise the plan to shift the facility and westerly egress lane at least 5 feet to the east. 45
4
2. In this additional setback space, plant a continuous row of Spruce trees no greater than 15 1
feet on center, to create and grow a buffer between the access aisle and the adjoining 2
multi-family residential building. Due to the proposed grade and retaining wall, a wider 3
space (and thus, greater shift) may be necessary to accommodate this planting. 4
3. Add larger evergreen trees to the northwest corner of the site to moderate impacts of 5
headlights in the stacking lane. 6
4. Reorient the parking/access lanes in the front area to 90-degree parking angles, and 7
eliminate the one-way circulation patterns that add unnecessary pavement. 8
5. Add a solid fence line along the north boundary/alley to create a buffer between the 9
commercial activity and the single-family neighborhood to the north, and add 10
landscaping in that space to enhance the visual aesthetic and reinforce the buffer. 11
6. Add larger evergreen stock in the northeast portion of the stacking lane area to screen 12
headlights from the single-family properties. 13
7. Add a permanent, noise-insulated structure to house the vacuum machinery from which 14
only vacuum hoses may extend to buffer noise, to mitigate noise impacts on the adjoining 15
multi-family building. The structure must be consistent with the materials of the principal 16
building as required by City Code. 17
8. Operate the facility in a manner that requires entry doors to close prior to wash 18
machinery engaging the vehicle, and exit doors to remain closed until dryer machinery 19
has completed its cycle. 20
9. Reduce parking lot light pole height to no more than 20 feet, and ensure full cut-off 21
hooded fixtures to reduce light spillage onto adjoining property. 22
10. Specify hooded, downcast wall lighting on the building to avoid any light-source glare. 23
11. Compliance with the requirements of the City Engineer with regard to engineering and 24
construction, including utilities, stormwater and street improvements. 25
12. Hours of operation shall be limited to between 7:00 a.m. and 7:00 p.m. or other hours of 26
operation as may be required by this or future City Council resolution. 27
28
Mayor Stille noted Justin Messner is present to address any questions from Council. 29
30
Councilmember Walker asked about condition #7 and he is concerned about the airflow noise. 31
Mt. Justin Messner responded the purpose to allow airflow is to prevent overheating of the 32
vacuum machinery. A baffle system could be used if desired. Councilmember Walker asked for 33
clarification if the sound would be reduced with the planned enclosure. Mr. Messner stated it 34
would be reduced but would not be a sound-proof box. Councilmember Walker asked what was 35
meant by additional study is needed and Mr. Messner stated if the applicant had an additional 36
method for the vacuums, those methods would need to be reviewed by Staff. 37
38
Mayor Stille stated the noise study was long and L50 would be provided with the state standard 39
being L60. Mr. Messner stated noise monitoring was done on the site from traffic and found the 40
site was L52-L54 decibel range. Readings were taken outside another car wash which produced 41
L63 decibels. This sound information was used to project the sound at Kenzie Terrace. The 42
maximum value found was L63 at Kenzie Terrace. When the doors are shut the noise from the 43
carwash would be L36. 44
45
5
Councilmember Jenson asked what the analysis looks like as far as the vacuums if they were 1
fully mitigated. Mr. Messner stated that is difficult to determine without a proposed design. This 2
will be evaluated in the final plans. They would not be allowed to exceed the L50 standard. 3
4
Councilmember Walker asked with only the hoses exposed, he asked about the noise that would 5
come from the customers who had music playing loud or their vehicle noise. 6
7
Mayor Stille stated he has the same question. It’s more of a management question rather than 8
engineering. Mayor Stille asked Mr. Messner for a summary of the air quality study. This 9
project would not require a State review. A greenhouse analysis was done and the result was the 10
emissions were not a significant issue and far below any state standard. 11
12
Councilmember Jenson asked about the water control. Mr. Messner stated the City has a Water 13
Resource Management Plan for any new development within the City. The study included the 14
amount of water that runs off the site. The applicant is proposing to construct a rain garden on 15
site which would improve the down stream quality of the water running off the site and also a 16
retention pond. Volume and flood control were also. The City requires volume control. The 17
storm water would be treated before entering the storm water system. The site plan appears to 18
meet the requirements; however, the rain garden size needs to be addressed. Mississippi 19
Watershed standards do not apply due to the size of the site. 20
21
Mr. Tom Archambault, applicant, asked if the Council had any specific questions regarding the 22
plans. 23
24
Councilmember Walker asked about how the noise from the customers that may occur. Mr. 25
Archambault stated he visited seven other locations that operate the same equipment and found 26
each site was staffed by at least three staff to make sure vehicles were not kept running and that 27
radios are turned down. Staff would be trained properly to address concerns. The noise from the 28
vacuum cleaners, the way the cleaners work each station does not have its own motor. It’s a large 29
turbine system that creates the vacuum. The turbine will be housed in the equipment room. The 30
only thing that would be heard would be the suction of the vacuum. He does not believe 31
Condition #7 is an issue. 32
33
Councilmember Jenson stated there are a number of residents that have a concern about this 34
project and requested Mr. Archambault comment on each of the 12 conditions. Mr. Archambault 35
stated regarding property value degradation, the study showed there would be no degradation to 36
the neighboring homes. Mr. Grittman stated the City did ask a certified appraiser as to an opinion 37
about property values decreasing and the opinion was since it is Commercial those values are 38
built into the neighboring property values as they stand. There would be no negative 39
consequences to property values. The appraiser’s report was included in the Council packet for 40
review. 41
42
Mayor Stille stated the applicant must abide by the conditions if Council approves. Mr. 43
Archambault stated a number of the conditions are black and white and if not done, the permit 44
would not be received. He already spoke regarding Condition #7 and could possibly be 45
eliminated. Condition #8 needs some rewording knowing how the wash is done and the industry 46
6
equipment works. It’s a conveyor belt system that feeds the car into the wash. The exit door can 1
be closed until the dryer is completed and the ready is to leave. Condition #9 and #10 will be fit. 2
Condition #12 has been revised and is fully agreeable with the exception of the City telling a 3
private business how to operate. 4
5
Councilmember Jenson asked if the entry doors were left open would that noise add to the 6
decibel. Mr. Messner stated the noise at the entry would be over L60. Mr. Archambault stated 7
the sound study was done on ground level and estimated at how the sound would move up the 8
five stories of the Kenzington Complex. The enter door is as far from the Complex as possible. 9
Their noise mitigation is the best they can have it. Councilmember Jenson asked if the doors 10
remain open if there are cars waiting to enter. Mr. Archambault stated that is correct and if there 11
are no cars waiting the door could be closed. 12
13
Councilmember Walker asked about Condition #8 and how comfortable is Mr. Archambault 14
regarding competition with other car washes in the area. Mr. Archambault stated there is no 15
competition in the area. Typically, it would take 2-3 minutes for a car to be washed/dried and the 16
speed is adjustable. Their system provides a quicker and better wash. 17
18
Councilmember Webster asked that the noise study with the door closest to Kenzington, the 19
sound would exceed the standard. Mr. Archambault stated if there is a line of vehicles waiting, 20
the door does not close. If the door would need to be closed and the conveyor stopped it would 21
lengthen the time and cost for energy. Councilmember Webster stated without mitigation the 22
noise levels would exceed the standard. Mr. Messner stated that is correct based on the noise 23
analysis, they would exceed the L50 State requirement. 24
25
Mr. Grittman stated in Condition #8, it was not their intent was not to shut down the conveyor 26
between cars. If the door was open, it would exceed the L50 State requirement. 27
28
Mr. Archambault this is a conveyor system and the most noise would be created by the high-29
pressure rinse and dryer equipment. He requested a re-write of Condition #8 to remove the 30
wording that the entry door needs to be closed. Mr. Grittman stated the sound study stated the 31
noise coming out of the entry door exceeds the L50 requirement. Mr. Archambault stated the 32
study was done at Eddie’s Auto Wash in Edina on equipment that is significantly older with a 33
different structure and setup. There will be dissipation of the sound. Mr. Messner stated the 34
sound leaving the facility at the dryer levels of L80 which will dissipate, was studied at six 35
different home locations and would exceed the State standard of L50. 36
37
Councilmember Jenson asked how long was Eddie’s Car Wash that was modeled. Mr. Messner 38
stated he does not have that information. Councilmember Jenson stated he believes a shorter 39
facility would have a louder decibel level than a longer one. 40
41
Ms. Cary Zahrbock, 2704 27th Avenue NE, stated she loves a clean car. She is not against car 42
washes or businesses. She has learned a lot about car washes, use permits, etc. She does not 43
believe there has been time for the community input that is necessary. She stated crime has not 44
been addressed. She said car washes are prime businesses for robbery and vandalism. The 45
landscaping can add to the vulnerability of the car wash and neighboring homes to crime. She 46
7
does not believe a car wash would be an asset to the City as there are three others within 1 ½ 1
miles from this site. Ms. Zahrbock asked who residents would complain to if violations occur 2
and what recourse is available to residents. She questioned the appraiser’s opinion and she 3
believes there would be an impact on property values in the area. Real estate professionals have 4
said there would be an impact. Ms. Zahrbock asked that the application be withdrawn or Council 5
deny the request. 6
7
Mayor Stille stated when the process started there was no opportunity to gain residents 8
comments. He has not spoken to the applicant and directed Council not to speak to the applicant. 9
The City needed to get an independent appraiser to do a study. Mr. Grittman stated the City has a 10
complaint system and residents should file complaints to be registered with Code Enforcement. 11
City Manager Yunker stated residents could send a letter, call or stop by City Hall also to file a 12
complaint. 13
14
Ms. Susan Guthrie, 2616 Pahl Avenue, lives 400 feet from the proposed car wash. She wanted to 15
talk about the process. A CUP is a request and is granted after studying the potential effect on the 16
neighbors. The City has done studies on behalf of the applicant which is in direct violation of 17
Minnesota State Statute 462.3595. By the City doing the studies the Council cannot be impartial. 18
The applicant should have been told which studies are necessary and have the applicant have 19
them conducted. Ms. Guthrie wrote a detailed letter requesting receipt of her letter by return 20
email. She does not want her neighborhood blighted by this land use. A car wash within 75 feet 21
from homes and the condos will negatively impact the neighborhood in regards to air, noise, 22
water pollution as well as property values. There were over 70 residents opposed to this project 23
that submitted letters and emails to the City. The City Planner should not have recommended 24
approval for something that exceeded State noise limits. 25
26
Mr. Tom Deegan, 2616 Pahl Avenue, has been a resident of St. Anthony for 25 years. He 27
referred to MN Statute 462.3595 relating to the City obtaining the studies. He was a fire marshall 28
for the City of Minneapolis and reviewed his job responsibilities. He was never allowed to direct 29
engineers to do a study on behalf of the applicant. He does not believe the applicant was given 30
proper instructions. He takes issue with the appraiser in that the study was similar to one done for 31
a PUD. In the comprehensive plan this parcel was designated for a park. It is not the City’s role 32
to design a project for the applicant. The purpose of the Statute is to avoid litigation. A market 33
analysis should have also been done. He pays some of the highest taxes in the State. 34
35
Mr. Dave Colling, sent in an email a few weeks ago. He wants to speak of the real-world 36
applications at the car wash. At the last meeting, it was mentioned that the residents have a fear 37
of the unknown. He visited Tommy’s car wash and spoke with the residents near the car wash. 38
He said two were management issues and two were design issues. The residents complained 39
about the noise from customer’s cars music and the customer’s speaking to each other. There 40
was a loud recording that was heard every time a car entered. Another issue was garbage that 41
doesn’t make it into the garbage can. Lights reflected off the materials on the outside of the 42
building and forced neighbors to cover their windows. He would like to see this request denied 43
and is willing to work with the City to try to find a solution. 44
45
8
Mr. John Grotkin, project manager for general contractor of the project. He had a similar 1
experience with other car washes they are constructing. From a noise standpoint, when they were 2
touring car washes, they were able to carry on a normal conversation outside the front end of the 3
car wash. He wants to make sure the Council and residents know the applicant is willing to 4
comply with all the conditions and he is zoned and legal to do this. He has a good business plan. 5
The property is zoned commercial. He stated Tom is a very good neighbor and is willing to do 6
everything the right way. 7
8
Mr. Thomas Isaacson, 2604 Pahl Avenue, is a block and half from the site. He acknowledged 9
there has been a lot of work on this on both sides. Noise requires more attention. This would be 10
making a loud area louder. If the applicant cannot meet the requirements, then the project should 11
not proceed. The proposed plan seems too large for the lot. He feels Saturday mornings will be 12
very busy and loud. This is not a compatible arrangement. He thanks the City for doing its due 13
diligence and that the noise will affect the residents. 14
15
Mr. Jesse Pikturna, thanked all for their comments regarding the car wash. This site is very close 16
to the backyard of his home. He is concerned about loud noises. He is concerned for the 17
children. This project is inconsistent with the ideals of the City. This would make the 18
neighborhood less sustainable, walkable and safe. Eddie’s car wash has similar equipment but it 19
doesn’t have audible instructions for cars entering the car wash. There needs to be strong 20
enforcement of violations and non-compliance. He does not see how Council can approve this 21
request. The guidance of the Planning Commission was incorrect. The residents have rights. 22
Projects need to be safe before they are approved. The applicant said the doors for entry would 23
remain open and the noise standards would be exceeded. This needs to be denied. The Council 24
has responsibilities to the residents. 25
26
Mr. Paul McHugh, he is concerned with customer generated noise. Some people may not abide 27
to signs regarding noise or staff intervention. It would be best to keep this type of business out 28
of a residential neighborhood. He has a friend who is the operator of the carwash at 38th and 29
Stinson, David Hernandez. He has talked with David about the closing of doors at the car wash 30
and he said there is no way you can keep a car wash door closed. The appraiser used circular 31
logic in their appraisal. The appraisal report should be dismissed based on common sense. Mr. 32
McHugh referred to a letter submitted by a realtor who has bought/sold many of the units in the 33
Kenzington. 34
35
Mr. Tim Keane, thanked Council for holding this public conversation. There have been many 36
important points stated this evening. He noted figure 4.2 of the Comprehensive Plan does 37
illustrate the future land use of this site as park. There are compatibility land uses that the 38
Council must consider. This is a high velocity, high customer project right next to residences. 39
Light, noise and traffic intrusion are considered trespassing. He is amazed the City is considering 40
putting this use next to resident’s homes. 41
42
Ms. Barb Gottfried stated she is very upset about this situation. Eleven years ago, she had cancer 43
and she feels fortunate to being alive. She learned she needs to be protective of her health and 44
the other residents of Kenzington. She is concerned about the vehicle exhaust which will be 45
pulled in through the wall via the air conditioners. The Kenzington is not a climate control 46
9
building. The City stated signs would be posted showing no idling cars. The signs would not be 1
adhered to. The MPCA states exhaust from an idling car creates more pollution than moving 2
cars. This is a serious situation. All ages will be affected. She expects the City Leaders to follow 3
the City Code. She appreciates Council is listening to the residents. She asks that Council think 4
about the resident health. 5
6
Ms. Beth Wandell, 2800 27th Avenue NE, they are west of the site. She stated the noise 7
ordinance would be violated if the car wash cannot run with the doors shut. She asked Council 8
to follow MN law. She wants to live and raise her children in a safe and quiet environment. 9
10
Mr. Phil Hoversten, resident of 38 years. He is a physician and a degree in public and 11
environmental health. The study should have been done for the actual site and needs to be more 12
accurate. A car wash uses soap, chemicals and water. There is no data that the health and safety 13
of the car wash employees. The levels of noise are low and would not be a danger to the health 14
of residents. He believes due diligence has been done. 15
16
Mayor Stille stated there has been a lot of discussion and he would like the City Attorney to 17
comment on the process. City Attorney Jay Lindgren stated the role of the Council is to act as 18
judge to the record and all information that has been submitted. Whether the request is 19
detrimental to health, safety or general welfare to persons in the area or to property values, is the 20
basis to approve or deny. From a process standpoint, Council has the Planning Commission and 21
Staff and include the record. 22
23
Mayor Stille stated Council is in a situation where a property is zoned Commercial and this is an 24
accepted use. He would like to see the issues mitigated. With the applicant not being able to 25
operate the car wash without keeping the noise low, he cannot be supportive of this project. 26
27
Councilmember Randle stated he has been back and forth on this matter, he has read the packet, 28
and he hopes there is a way to work through the noise issue as the applicant is abiding by all 29
other conditions. The applicant has rights too. Councilmember Randle does not want to deny 30
this request as Council needs to consider the applicants rights. He hopes there is a way to 31
compromise and meet in the middle. Mayor Stille stated if there was a way, he would be open to 32
that. 33
34
Councilmember Webster thanked the residents for their involvement in this process. All the 35
letters and emails were included in the Council packet. She stated at the last meeting, Council 36
requested the studies be done. There is a conflict which needs mitigation on the noise level. She 37
would struggle to support the request. 38
39
Councilmember Walker stated it involves the rights of many vs. the rights of the applicant. He is 40
concerned with some of the issues. He is concerned about how this would play in real life. He 41
could not support the request. 42
43
Councilmember Jenson stated the basic data point is the noise standard which would be in 44
violation of State Statute. If the standard cannot be met, he could not support the request. The 45
appraiser stated the property values would not be affected without any value details. 46
10
1
Mayor Stille commended on the studies ordered by the City. The City is an independent body, 2
and there was talk about the applicant ordering the studies which would have most likely come 3
back in favor of the applicant. 4
5
City Attorney Lindgren read five paragraphs to be included in the motion. 6
7
Motion by Councilmember Webster, seconded by Councilmember Jenson, to deny Resolution 8
21-024; a Resolution to approve a Conditional Use Permit for a car wash facility with vacuum 9
stations at 2701 Kenzie Terrance in the C, Commercial District with the following findings of 10
fact in support of the denial: 11
1. The purpose of the Conditional Use Permit requirement for the car wash use in the 12
Business zoning district is to consider whether or not the use can be compatible with 13
the neighboring land uses. 14
2. The proposed use will create noise, fumes, lights, and other potential negative 15
impacts on adjoining residential properties. 16
3. While some mitigation is possible to reduce those impacts to levels that may comply 17
with the minimum requirements of state standards, the impacts are nonetheless likely 18
to negatively affect the quality of life of the existing adjoining and nearby residents, 19
given the height, exposure, and nearness of those existing uses. 20
4. The zoning ordinance requires that to approve a Conditional Use Permit, the City 21
Council must determine that: “The use will not be detrimental to the health, safety, or 22
general welfare of persons residing or working in the vicinity or to the values of 23
property in the vicinity.” 24
5. Based on the written record and the additional information provided at the March 9, 25
2021, City Council meeting, the City Council finds that (a) the required determination 26
cannot be made (b) that the use would be detrimental to health, safety, general 27
welfare, or property values in the vicinity of the proposed use; and (c) that 28
insufficient mitigating conditions are available to overcome this detrimental 29
incompatibility. 30
31
Motion carried 4-1 (Randle). 32
33
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 34
35
City Manager Yunker had no report. 36
37
Councilmember Webster had no report. 38
39
Councilmember Randle had no report. 40
41
Councilmember Jenson stated on March 5, 2021, he had two meetings with Ramsey County 42
Local League of Governments. 43
44
Councilmember Walker had no report. 45
46
11
Mayor Stille reviewed he participated in a panel with the League of Women Voters on February 1
24, 2021. Earlier today, he attended a meeting with the Mississippi Water Management 2
Organization. The Council had a work session prior to the City Council meeting. He presented to 3
the Liquor Operations on February 24, 2021. He inducted some Fire Department recruits on 4
March 4, 2021. 5
6
VIII. COMMUNITY FORUM. 7
8
Mayor Stille invited residents to come forward at this time and address the Council on items that 9
are not on the regular agenda. 10
11
Hearing none, Mayor Stille moved forward with the agenda. 12
13
IX. INFORMATION AND ANNOUNCEMENTS – NONE. 14
15
X. ADJOURNMENT. 16
17
Mayor Stille adjourned the meeting at 10:15 p.m. 18
19
20
Respectfully submitted, 21
Debbie Wolfe 22
TimeSaver Off Site Secretarial, Inc. 23
24
Mayor 25
ATTEST: 26
City Clerk 27
28
12
Saint Anthony Village
DATE: March 23, 2021 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors Licenses:
Earth Wizards, Minneapolis, MN
Empire Solar Group, Salt Lake City, UT
Horizon Retail Construction, Sturtevant, WI
Kraus Anderson Construction, Minneapolis, MN
Mechanical Licenses:
Faircon Service, St Paul, MN
J Berd Mechanical Contractors, Sauk Rapids, MN
Kramer Mechanical, Stacy, MN
Bench License:
Applicant: Affordable Court Resources
Cigarette and Tobacco License:
Applicant: Murphy’s Service Center
Location: 3501 29th Ave NE
Garbage Hauler/Recycling Licenses:
Applicant: Aspen Waste Systems of MN
Republic Services
Service Station License:
Applicant: Murphy’s Service Center
Location: 3501 29th Ave NE
13
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14
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 3/5/2021 - 3/24/2021 Mar 17, 2021 02:31PM
Vendor Number Payee Check Number Check Issue Date Amount
10710 ICMA RETIREMENT TRUST 43543 03/05/2021 1,445.00
11792 INTERNATIONAL UNION LOCAL #49 43544 03/05/2021 420.00
11793 LAW ENFORCEMENT LABOR SERVICES 43545 03/05/2021 1,079.50
10002 LOCAL UNION IAFF #3486 43546 03/05/2021 388.50
10290 CITY OF NEW BRIGHTON 43547 03/10/2021 137.25
12150 CITY OF NEW BRIGHTON 43548 03/10/2021 19,857.07
12760 10322006 SSI MN TRANCHE 1 (FD)43549 03/24/2021 518.42
1118 56 BREWING 43550 03/24/2021 476.00
10039 AIRGAS USA LLC 43551 03/24/2021 61.79
1122 AM CRAFTS SPIRITS 43552 03/24/2021 430.20
11992 AMERICAN FLAGPOLE & FLAG CO 43553 03/24/2021 647.30
1100 ARTISIAN BEER COMPANY 43554 03/24/2021 9,400.76
12180 ARVIG CONSTRUCTION 43555 03/24/2021 352.50
10115 ASPEN MILLS 43556 03/24/2021 26.45
10116 ASPEN WASTE SYSTEMS INC 43557 03/24/2021 186.78
10146 BARTON SAND AND GRAVEL 43558 03/24/2021 1,380.50
1013 BELLBOY CORPORATION 43559 03/24/2021 13,376.59
1014 BELLBOY CORPORATION 43560 03/24/2021 144.00
10162 BEN SAEFKE PHOTOGRAPHY 43561 03/24/2021 40.00
2009 BLACK STACK BREWING 43562 03/24/2021 337.00
10175 BLAINE LOCK & SAFE INC.43563 03/24/2021 175.00
12133 BLAINE TIRE & AUTO 43564 03/24/2021 271.40
10185 BOUND TREE MEDICAL LLC 43565 03/24/2021 147.00
8544 BOURGET IMPORTS 43566 03/24/2021 227.50
1018 BREAKTHRU BEVERAGE MN BEER 43567 03/24/2021 23,647.95
1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 43568 03/24/2021 15,572.27
1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 43569 03/24/2021 1,593.50
1017 CAPITOL BEVERAGE SALES 43570 03/24/2021 13,239.50
10252 CENTERPOINT ENERGY 43571 03/24/2021 7,777.89
10254 CENTRAL LOCK & SAFE CO 43572 03/24/2021 19.95
10263 CENTURYLINK 43573 03/24/2021 506.96
12596 CINTAS 43574 03/24/2021 1,206.47
10293 CITY OF ROSEVILLE 43575 03/24/2021 15,501.81
10308 CLAREY'S SAFETY EQUIPMENT 43576 03/24/2021 295.36
1010 CLEAR RIVER BEVERAGE COMPANY 43577 03/24/2021 2,710.00
12924 COREMARK METALS 43578 03/24/2021 23.49
1042 CRYSTAL SPRINGS ICE 43579 03/24/2021 214.11
10375 DALCO 43580 03/24/2021 33.46
13020 DUO SAFETY LADDER CORP.43581 03/24/2021 41.75
10461 EHLERS & ASSOCIATES, INC.43582 03/24/2021 9,275.00
10468 ELECTRO WATCHMAN INC 43583 03/24/2021 329.32
10483 ESS BROTHERS & SONS INC.43584 03/24/2021 550.80
11783 FIRE EQUIPMENT SPECIALTIES INC 43585 03/24/2021 311.95
10526 FLEETPRIDE 43586 03/24/2021 201.05
10544 FREEWAY TOWING 43587 03/24/2021 107.37
1110 GENERAL INDUSTRIAL SUPPLY CO 43588 03/24/2021 275.97
10624 HAWKINS, INC 43589 03/24/2021 6,355.30
10642 HENN CNTY INFO TECH DEPT 43590 03/24/2021 5,417.84
10661 HENNEPIN COUNTY TREASURER 43591 03/24/2021 1,623.15
1019 HOHENSTEIN'S, INC 43592 03/24/2021 8,544.45
10684 HOME DEPOT CREDIT SERVICES 43593 03/24/2021 74.64
2013 INBOUND BREWCO 43594 03/24/2021 514.00
1027 INDEED BREWING COMPANY 43595 03/24/2021 3,071.35
15
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 3/5/2021 - 3/24/2021 Mar 17, 2021 02:31PM
Vendor Number Payee Check Number Check Issue Date Amount
10733 INSTRUMENTAL RESEARCH, INC.43596 03/24/2021 100.00
1016 JJ TAYLOR DISTRIBUTING 43597 03/24/2021 26,564.85
1102 JOHNSON BROTHERS 43598 03/24/2021 5,448.25
1004 JOHNSON BROTHERS LIQUOR COMPANY.43599 03/24/2021 10,602.06
1005 JOHNSON BROTHERS LIQUOR COMPANY.43600 03/24/2021 10,111.60
1006 JOHNSON BROTHERS LIQUOR COMPANY.43601 03/24/2021 10,799.77
1044 JOHNSON BROTHERS LIQUOR COMPANY.43602 03/24/2021 23,256.13
12615 JOHNSON CONTROLS FIRE PROTECTION LP 43603 03/24/2021 666.98
2028 LADONA CERVECERIA 43604 03/24/2021 70.00
12894 LEAST SERVICE/COUNSELING LLC 43605 03/24/2021 675.00
10857 LMCIT % BERKLEY ADMINISTRATORS 43606 03/24/2021 383.86
10861 LOFFLER COMPANIES - 131511 43607 03/24/2021 121.30
1022 M. AMUNDSON LLP 43608 03/24/2021 2,275.64
10874 MACQUEEN EQUIPMENT GROUP 43609 03/24/2021 219,998.00
1125 MAVERICK (NEGOCE)43610 03/24/2021 315.00
2029 MEGA BEER 43611 03/24/2021 735.00
10939 MIDWAY FORD 43612 03/24/2021 62.23
10947 MIDWEST SIGN & SCREEN PRINTING 43613 03/24/2021 12.72
12940 MINNEHAHA BLDG MAINTENANCE 43614 03/24/2021 67.34
2006 MODIST BREWING COMPANY 43615 03/24/2021 657.75
1051 NEW FRANCE WINE COMPANY 43616 03/24/2021 520.00
11131 NORTH SUBURBAN ACCESS CORPORATION.43617 03/24/2021 780.00
12778 NORTHWEST ASSOCIATED CONSULTANTS INC 43618 03/24/2021 8,186.40
11163 OFFICE DEPOT 43619 03/24/2021 218.74
12779 OPTION ONE MECHANICAL LLC 43620 03/24/2021 1,657.00
1012 PAUSTIS & SONS 43621 03/24/2021 2,560.75
1001 PHILLIPS WINE & SPIRITS 43622 03/24/2021 7,649.69
1002 PHILLIPS WINE & SPIRITS 43623 03/24/2021 4,058.33
12747 PRECISE MRM LLC 43624 03/24/2021 50.00
2019 PRYES BREWING COMPANY 43625 03/24/2021 706.00
1062 RED BULL DISTRIBUTION COMPANY 43626 03/24/2021 457.50
11345 ROSEVILLE CHRYSLER DODGE 43627 03/24/2021 955.45
11408 SIGNATURE CONCEPTS, INC.43628 03/24/2021 737.56
2018 SMALL LOT WINES 43629 03/24/2021 149.00
1024 SOUTHERN GLAZER'S OF MN 43630 03/24/2021 12,819.07
1008 SOUTHERN GLAZER'S OF MN 43631 03/24/2021 735.58
1026 SOUTHERN GLAZER'S OF MN 43632 03/24/2021 11,322.62
1036 SOUTHERN GLAZER'S OF MN 43633 03/24/2021 1,093.84
2035 STACKED DECK BREWING CO 43634 03/24/2021 359.00
11478 STAR TRIBUNE 43635 03/24/2021 64.19
11502 STREICHER'S 43636 03/24/2021 1,541.31
12920 SVAP III SILVER LAKE VILLAGE LLC 43637 03/24/2021 5,624.64
12956 TECHACUMEN 43638 03/24/2021 5,400.00
11545 TEE JAY NORTH, INC 43639 03/24/2021 178.00
11566 TIMESAVER OFF SITE SECRETARIAL 43640 03/24/2021 187.00
1098 TRADITION WINE & SPIRITS 43641 03/24/2021 328.00
11595 TRI STATE BOBCAT, INC.43642 03/24/2021 514.30
11819 TRUE NORTH ELECTRIC 43643 03/24/2021 9,429.80
11626 U.S. BANK (PURCHASING CARD)43644 03/24/2021 3,940.39
12776 USS MINNESOTA ONE MT LLC (CH)43645 03/24/2021 3,646.31
11674 VERIZON WIRELESS 43646 03/24/2021 205.88
11681 VIKING ELECTRIC SUPPLY INC 43647 03/24/2021 12.22
11682 VIKING INDUSTRIAL CENTER 43648 03/24/2021 195.38
16
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3
Check Issue Dates: 3/5/2021 - 3/24/2021 Mar 17, 2021 02:31PM
Vendor Number Payee Check Number Check Issue Date Amount
1025 VINOCOPIA 43649 03/24/2021 2,569.46
11693 W. W. GOETSCH ASSOCIATES, INC.43650 03/24/2021 648.82
12418 WALTERS RECYCLING AND REFUSE INC 43651 03/24/2021 2.94
11704 WASTE MANAGEMENT OF WI-MN 43652 03/24/2021 678.30
11933 WIMACTEL INC 43653 03/24/2021 100.00
12648 WINDSTREAM 43654 03/24/2021 72.22
1034 WINE COMPANY/THE 43655 03/24/2021 1,307.85
1038 WINE MERCHANTS INC 43656 03/24/2021 5,084.85
1032 WINEBOW 43657 03/24/2021 1,069.00
11731 WITMER PUBLIC SAFETY GRP, INC.43658 03/24/2021 54.99
12506 WS & D PERMIT SERVICE INC 43659 03/24/2021 521.19
Grand Totals: 581,880.22
17
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18
MEMORANDUM
TO: Charlie Yunker – City Manager and HRA Executive Director
FROM: Stacie Kvilvang - Ehlers
DATE: March 23, 2021
SUBJECT: Public Hearing on TIF Lowry Grove TIF District
Overview:
The City is considering establishing the Lowry Grove Tax Increment Financing District (the “District) to
facilitate the redevelopment of the former Lowry Grove Mobile Home Park and Bremer Bank site. The
District consists of 2 parcels of land as noted in the table below and adjacent and internal rights-of-way and
is approximately 17 acres in size.
The City has had several projects come forward over the past several years to redevelop the area with
varying forms of rental housing. All projects have requested tax increment financing in order to undertake
the projects. Over the last year, the City has given preliminary approval for assistance to two (2) projects
in the proposed District, of which only one is moving forward at this time. Based upon the historical interest
in redeveloping this area, it was determined to place both parcels into one larger district in order to be
flexible to accommodate any future TIF requests the City and HRA may deem to be warranted.
The duration of this redevelopment TIF district will be 25 years from the date of receipt of the first increment,
which is anticipated in 2023. Thus, it is estimated that the District, would terminate at the earlier of
satisfaction of payment on any pay-as-you-go TIF Notes within the District or on December 31, in 2048. We
anticipate that the District will be decertified earlier than 2048 since currently the only obligation proposed
for the District should be repaid in 9 years.
TIF District Criteria:
The City hired LHB Architects to complete an inventory for the parcels and concluded that parcels consisting
of 70 percent of the area in the District are occupied by buildings, streets, utilities, or other improvements.
LHB also conducted an interior and exterior inspection of all the parcels/properties and concluded that more
than 50 percent of the buildings in the District, not including outbuildings, are structurally substandard to a
degree requiring substantial renovation or clearance (meaning the buildings could not 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 report can be found in Appendix D of the TIF Plan.
19
TIF District Budget:
To develop the budget for the District, we took into consideration Development 65’s proposed development
(135 units), what Trident had proposed on the Bremer Bank site (75 units) and then what previous
developers had proposed for development on the remaining portion of the Lowry Grove site (279 units).
This totals approximately 489 units of multi-family housing.
The TIF District budget is a maximum budget, meaning that over the term of the District, the amount of TIF
received cannot exceed what is noted for Project Costs Total in the budget ($35,604,814). If that were to
happen, the City and HRA would have to modify the budget which would entail going through the entire
notification and public hearing process as if the City and HRA were establishing a new district. In order to
alleviate this as a future consideration and cost, we add annual inflation to the proposed development to
increase the budget.
The budget is just that, a budget for TIF reporting purposes. It has no relation to the amount of TIF
assistance provided or that will actually be generated (as long as the TIF assistance doesn’t go over the
Project Cost Total, which is extremely unlikely). The amount of assistance is negotiated for each project
and is approved under a separate TIF agreement for each project.
The City and HRA will retain 10% of the TIF generated for administrative costs of the District or for other
redevelopment activities within the City and within Hennepin County
Interfund Loan:
The City is approving an interfund loan (IFL) of $25,000 to cover any future administrative costs associated
with the District that are not covered by the Developer until such time there is adequate administrative TIF
(10%) generated. Any funds advanced under the IFL will carry an interest rate of 4%, which is the statutory
maximum rate.
Please contact me at 651-697-8506 with any questions.
20
MODIFICATION TO THE DEVELOPMENT
PROGRAM
Redevelopment Project Area No. 3
- AND -
TAX INCREMENT FINANCING PLAN
Establishment of Lowry Grove
(a redevelopment district)
St. Anthony Housing & Redevelopment Authority
City of St. Anthony, Hennepin County, Minnesota
Public Hearing: March 23, 2021
21
St. Anthony Housing & Redevelopment Authority
Lowry Grove 2
Table of Contents
Modification to the Development Program for Redevelopment Project Area No. 3 ...................... 3
Foreword ................................................................................................................................... 3
Tax Increment Financing Plan for the Lowry Grove ...................................................................... 4
Foreword ................................................................................................................................... 4
Statutory Authority .................................................................................................................... 4
Statement of Objectives ............................................................................................................ 4
Development Program Overview .............................................................................................. 4
Description of Property in the District and Property to be Acquired .......................................... 5
Classification of the District ....................................................................................................... 5
Duration and First Year of Tax Increment of the District ........................................................... 6
Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment
and Notification of Prior Planned Improvements ....................................................................... 6
Sources of Revenue/Bonds to be Issued .................................................................................. 7
Uses of Funds ........................................................................................................................... 8
Estimated Impact on Other Taxing Jurisdictions ....................................................................... 9
Supporting Documentation ..................................................................................................... 10
Administration of the District ................................................................................................... 11
Appendix A: Map of Redevelopment Project Area No. 3 and the TIF District ........................ 12
Appendix B: Estimated Cash Flow for the District .................................................................. 13
Appendix C: Findings Including But/For Qualifications .......................................................... 14
Appendix D: Redevelopment Qualifications for the District .................................................... 16
22
St. Anthony Housing & Redevelopment Authority
Lowry Grove 3
Modification to the Development Program for
Redevelopment Project Area No. 3
Foreword
The following text represents a Modification to the Development Program for Redevelopment
Project Area No. 3. This modification represents a continuation of the goals and objectives set
forth in the Development Program for Redevelopment Project Area No. 3. Generally, the
substantive changes include the establishment of the Lowry Grove TIF District.
For further information, a review of the Development Program for Redevelopment Project Area
No. 3, is recommended. It is available from the City Manager at the City of St. Anthony. Other
relevant information is contained in the Tax Increment Financing Plans for the Tax Increment
Financing Districts located within Redevelopment Project Area No. 3.
23
St. Anthony Housing & Redevelopment Authority
Lowry Grove 4
Tax Increment Financing Plan for the Lowry
Grove
Foreword
The St. Anthony Housing & Redevelopment Authority (the "HRA"), the City of St. Anthony (the
"City"), staff and consultants have prepared the following information to expedite the
Establishment of the Lowry Grove TIF District (the "District"), a redevelopment tax increment
financing district, located in Redevelopment Project Area No. 3.
Statutory Authority
Within the City, there exist areas where public involvement is necessary to cause development
or redevelopment to occur. To this end, the HRA and City have certain statutory powers pursuant
to Minnesota Statutes ("M.S."), Sections 469.001 - 469.047, inclusive, as amended, and M.S.,
Sections 469.174 to 469.1794, inclusive, as amended (the "Tax Increment Financing Act" or "TIF
Act"), to assist in financing public costs related to this project.
This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other
relevant information is contained in the Modification to the Development Program for
Redevelopment Project Area No. 3.
Statement of Objectives
The District currently consists of two parcels of land and adjacent roads and internal rights-of-
way. The District is being created to facilitate the construction of approximately 489 units of
apartments, of which Phase I will consist of a 135-unit senior apartment with independent living,
assisted living and memory care units. Phase II will consist of approximately 129 units of senior
assisted living and Phase III will consist of approximately 225 units of market rate apartments.
The HRA anticipates entering into an agreement with Development 65 for the Phase I
development and development is anticipated to begin in the spring of 2021. This TIF Plan is
expected to achieve many of the objectives outlined in the Development Program for
Redevelopment Project Area No. 3.
The activities contemplated in the Modification to the Development Program and the TIF Plan do
not preclude the undertaking of other qualified development or redevelopment activities. These
activities are anticipated to occur over the life of Redevelopment Project Area No. 3 and the
District.
Development Program Overview
Pursuant to the Development Program and authorizing state statutes, the HRA or City is
authorized to undertake the following activities in the District:
1. Property to be Acquired - Selected property located within the District may be
acquired by the HRA or City and is further described in this TIF Plan.
24
St. Anthony Housing & Redevelopment Authority
Lowry Grove 5
2. Relocation - Relocation services, to the extent required by law, are available
pursuant to M.S., Chapter 117 and other relevant state and federal laws.
3. Upon approval of a developer's plan relating to the project and completion of the
necessary legal requirements, the HRA or City may sell to a developer selected
properties that it may acquire within the District or may lease land or facilities to a
developer.
4. The HRA or City may perform or provide for some or all necessary acquisition,
construction, relocation, demolition, and required utilities and public street work
within the District.
Description of Property in the District and Property to be Acquired
The District encompasses all property and adjacent rights-of-way and abutting roadways
identified by the parcels listed below.
Parcel number Address Owner
07-029-23-23-0001 2501 Lowry Ave NE The Village LLC
07-029-23-23-0002 2401 Lowry Ave NE Bremer Bank NA
Please also see the map in Appendix A for further information on the location of the District.
The HRA or City may acquire any parcel within the District including interior and adjacent street
rights of way. Any properties identified for acquisition will be acquired by the HRA or City only in
order to accomplish one or more of the following: storm sewer improvements; provide land for
needed public streets, utilities and facilities; carry out land acquisition, site improvements,
clearance and/or development to accomplish the uses and objectives set forth in this plan. The
HRA or City may acquire property by gift, dedication, condemnation or direct purchase from willing
sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken
only when there is assurance of funding to finance the acquisition and related costs.
Classification of the District
The HRA and City, in determining the need to create a tax increment financing district in
accordance with M.S., Sections 469.174 to 469.1794, as amended, inclusive, find that the District,
to be established, is a redevelopment district pursuant to M.S., Section 469.174, Subd. 10(a)(1).
$ The District is a redevelopment district consisting of two parcels.
$ An inventory shows that parcels consisting of more than 70 percent of the area in the District
are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar
structures.
$ An inspection of the buildings located within the District finds that more than 50 percent of the
buildings are structurally substandard as defined in the TIF Act. (See Appendix D).
Pursuant to M.S., Section 469.176, Subd. 7, the District does not contain any parcel or part of a
parcel that qualified under the provisions of M.S., Sections 273.111, 273.112, or 273.114 or
Chapter 473H for taxes payable in any of the five calendar years before the filing of the request
for certification of the District.
25
St. Anthony Housing & Redevelopment Authority
Lowry Grove 6
Duration and First Year of Tax Increment of the District
Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration and first
year of tax increment of the District must be indicated within the TIF Plan. Pursuant to M.S.,
Section 469.176, Subd. 1b., the duration of the District will be 25 years after receipt of the first
increment by the HRA or City (a total of 26 years of tax increment). The HRA or City elects to
receive the first tax increment in 2023, which is no later than four years following the year of
approval of the District.
Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent
phases or other changes, would terminate after 2048, or when the TIF Plan is satisfied. The HRA
or City reserves the right to decertify the District prior to the legally required date.
Original Tax Capacity, Tax Rate and Estimated Captured Net Tax
Capacity Value/Increment and Notification of Prior Planned
Improvements
Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net
Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the
property by the assessor in 2020 for taxes payable 2021.
Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year
(beginning in the payment year 2023) the amount by which the original value has increased or
decreased as a result of:
1. Change in tax exempt status of property;
2. Reduction or enlargement of the geographic boundaries of the district;
3. Change due to adjustments, negotiated or court-ordered abatements;
4. Change in the use of the property and classification;
5. Change in state law governing class rates; or
6. Change in previously issued building permits.
In any year in which the current Net Tax Capacity (NTC) value of the District declines below the
ONTC, no value will be captured, and no tax increment will be payable to the HRA or City.
The original local tax rate for the District will be the local tax rate for taxes payable 2021, assuming
the request for certification is made before June 30, 2021. The ONTC and the Original Local Tax
Rate for the District appear in the table below.
Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the
estimated Captured Net Tax Capacity (CTC) of the District, within Redevelopment Project Area
No. 3, upon completion of the projects within the District, will annually approximate tax increment
revenues as shown in the table below. The HRA and City request 100 percent of the available
increase in tax capacity for repayment of its obligations and current expenditures, beginning in
the tax year payable 2023. The Project Tax Capacity (PTC) listed is an estimate of values when
the projects within the District are completed.
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Project estimated Tax Capacity upon completion 2,160,322
Original estimated Net Tax Capacity 91,925
Fiscal Disparities 0
Estimated Captured Tax Capacity 2,068,397
Original Local Tax Rate 144.6450%Pay 2021
Estimated Annual Tax Increment $2,991,833
Percent Retainted by the City 100%
Project Tax Capacity
Note: Tax capacity includes a 3.0% inflation factor for the duration of the District. The tax capacity included in this
chart is the estimated tax capacity of the District in year 25. The tax capacity of the District in year one is
estimated to be $151,875.
Pursuant to M.S., Section 469.177, Subd. 4, the HRA shall, after a due and diligent search,
accompany its request for certification to the County Auditor or its notice of the District
enlargement pursuant to M.S., Section 469.175, Subd. 4, with a listing of all properties within the
District or area of enlargement for which building permits have been issued during the eighteen
(18) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S.,
Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the
District by the net tax capacity of improvements for which a building permit was issued.
The City is reviewing the area to be included in the District to determine if any building permits
have been issued during the 18 months immediately preceding approval of the TIF Plan by the
City.
Sources of Revenue/Bonds to be Issued
The total estimated tax increment revenues for the District are shown in the table below:
SOURCES
Tax Increment 51,389,143$
Interest 5,138,914
TOTAL 56,528,057$
The costs outlined in the Uses of Funds will be financed primarily through the annual collection of
tax increments. The HRA or City reserves the right to incur bonds or other indebtedness as a
result of the TIF Plan. As presently proposed, the projects within the District will be financed by
pay-as-you-go notes and interfund loans. Any refunding amounts will be deemed a budgeted
cost without a formal TIF Plan Modification. This provision does not obligate the HRA or City to
incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that
such action is in the best interest of the City.
The HRA or City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax
increments from the District in a maximum principal amount of $35,604,814. Such bonds may be
in the form of pay-as-you-go notes, revenue bonds or notes, general obligation bonds, or interfund
loans. This estimate of total bonded indebtedness is a cumulative statement of authority under
this TIF Plan as of the date of approval.
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Uses of Funds
Currently under consideration for the District is a proposal to facilitate the construction of
approximately 489 units of apartments, of which Phase I will consist of a 135-unit senior apartment
with independent living, assisted living and memory care units. Phase II will consist of
approximately 129 units of senior assisted living and Phase III will consist of approximately 225
units of market rate apartments. The HRA and City have determined that it will be necessary to
provide assistance to the projects for certain District costs, as described.
The HRA has studied the feasibility of the development or redevelopment of property in and
around the District. To facilitate the establishment and development or redevelopment of the
District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain
eligible expenses. The estimate of public costs and uses of funds associated with the District is
outlined in the following table.
USES
Land/Building Acquisition 7,335,000$
Site Improvements/Preparation 3,000,000
Utilities 1,500,000
Other Qualifying Improvements 18,630,900
Administrative Costs (up to 10%)5,138,914
PROJECT COSTS TOTAL 35,604,814$
Interest 20,923,243
PROJECT AND INTEREST COSTS TOTAL 56,528,057$
The total project cost, including financing costs (interest) listed in the table above does not exceed
the total projected tax increments for the District as shown in the Sources of Revenue section.
Estimated costs associated with the District are subject to change among categories without a
modification to this TIF Plan. The cost of all activities to be considered for tax increment financing
will not exceed, without formal modification, the budget above pursuant to the applicable statutory
requirements. Pursuant to M.S., Section 469.1763, Subd. 2, no more than 25 percent of the tax
increment paid by property within the District will be spent on activities related to development or
redevelopment outside of the District but within the boundaries of Redevelopment Project Area
No. 3, (including administrative costs, which are considered to be spent outside of the District)
subject to the limitations as described in this TIF Plan.
Fiscal Disparities Election
Pursuant to M.S., Section 469.177, Subd. 3, the HRA or City may elect one of two methods to
calculate fiscal disparities.
The HRA will choose to calculate fiscal disparities by clause b (inside).
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Estimated Impact on Other Taxing Jurisdictions
The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated
by the TIF Plan would occur without the creation of the District. However, the HRA or City has
determined that such development or redevelopment would not occur "but for" tax increment
financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated
fiscal impact of the District would be as follows if the "but for" test was not met:
Entity
2020/Pay 2021
Total Net Tax
Capacity
Estimated
Captured Tax
Capacity
(CTC) upon
completion
Percent of
CTC to
Entity Total
Hennepin County 2,088,042,783 2,068,397 0.0991%
St. Anthony Village 7,633,470 2,068,397 27.0964%
ISD 282
(St. Anthony- New Brighton)7,633,470 2,068,397 27.0964%
Impact on Tax Base
Entity Pay 2021
Extension Rate
Percent of
Total CTC Potential
Taxes
Hennepin County 38.2100% 26.42% 2,068,397 $ 790,335
St. Anthony Village 65.6780% 45.41% 2,068,397 1,358,482
ISD 282
(St. Anthony- New Brighton)31.6790% 21.90% 2,068,397 655,248
Other 9.0780% 6.28% 2,068,397 187,769
144.6450% 100.00% $ 2,991,833
Impact on Tax Rates
The estimates listed above display the captured tax capacity when all construction is completed.
The tax rates used for calculations are Pay 2021 rates. The total net capacity for the entities
listed above are based on Pay 2021 figures. The District will be certified under the Pay 2021
rates.
Pursuant to M.S. Section 469.175 Subd. 2(b):
(1) Estimate of total tax increment. It is estimated that the total amount of tax increment
that will be generated over the life of the District is $51,389,143;
(2) Probable impact of the District on city provided services and ability to issue debt. An
impact of the District on police protection is expected. With any addition of new
residents, police calls for service will be increased. New developments add an
increase in traffic, and additional overall demands to the call load. The City does not
expect that the proposed development, in and of itself, will necessitate new capital
investment in vehicles or facilities.
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The probable impact of the District on fire protection is not expected to be significant.
Typically, new buildings generate few calls, if any, and are of superior construction
and sprinklered. The City does not expect that the proposed development, in and of
itself, will necessitate new capital investment in vehicles or facilities.
The impact of the District on public infrastructure is expected to be minimal. The
Phase I developer is required to upgrade any utilities and address storm water ponding
and runoff for the area. Based on the development plans, there are no additional costs
associated with street maintenance, sweeping, plowing, lighting and sidewalks.
The probable impact of any District general obligation tax increment bonds on the
ability to issue debt for general fund purposes is expected to be minimal. It is not
anticipated that there will be any general obligation debt issued in relation to this
project, therefore there will be no impact on the City's ability to issue future debt or on
the City's debt limit.
(3) Estimated amount of tax increment attributable to school district levies. It is estimated
that the amount of tax increments over the life of the District that would be attributable
to school district levies, assuming the school district's share of the total local tax rate
for all taxing jurisdictions remained the same, is $11,254,842;
(4) Estimated amount of tax increment attributable to county levies. It is estimated that the
amount of tax increments over the life of the District that would be attributable to county
levies, assuming the county's share of the total local tax rate for all taxing jurisdictions
remained the same, is $13,575,161;
(5) Additional information requested by the county or school district. The City is not aware
of any standard questions in a county or school district written policy regarding tax
increment districts and impact on county or school district services. The county or school
district must request additional information pursuant to M.S. Section 469.175 Subd. 2(b)
within 15 days after receipt of the tax increment financing plan.
No requests for additional information from the county or school district regarding the
proposed development for the District have been received.
Supporting Documentation
Pursuant to M.S. Section 469.175, Subd. 1 (a), clause 7 the TIF Plan must contain identification
and description of studies and analyses used to make the determination set forth in M.S. Section
469.175, Subd. 3, clause (b)(2) and the findings are required in the resolution approving the
District.
(i) In making said determination, reliance has been placed upon (1) written representation
made by the developer to such effects, (2) review of the developer’s proforma; and (3)
City staff awareness of the feasibility of developing the project site within the District,
which is further outlined in the City Council resolution approving the establishment of
the TIF District and Appendix C.
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(ii) A comparative analysis of estimated market value both with and without establishment
of the TIF District and the use of tax increments has been performed. Such analysis is
included with the cashflow in Appendix B and indicates that the increase in estimated
market value of the proposed development (less the indicated subtractions) exceeds
the estimated market value of the site absent the establishment of the TIF District and
the use of tax increments.
Administration of the District
Administration of the District will be handled by the City Manager.
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Appendix A: Map of Redevelopment Project Area No. 3 and the TIF
District
32
Parcels
Lowry TIF District
Redevelopment Project Area No. 3
Legend
Lowry Grove
Tax Increment Financing District
December 30, 2020
Prepared by Ehlers & Associates
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Appendix B: Estimated Cash Flow for the District
34
3/8/2021Lowry Grove TIF District City of St. Anthony, MN 264-Units of Senior Living/Care and 225-Market Rate UnitsASSUMPTIONS AND RATESDistrictType:RedevelopmentDistrict Name/Number:County District #:Exempt Class Rate (Exempt)0.00%First Year Construction or Inflation on Value2021Commercial Industrial Preferred Class Rate (C/I Pref.)Existing District - Specify No. Years RemainingFirst $150,0001.50%Inflation Rate - Every Year:3.00%Over $150,0002.00%Interest Rate:4.00%Commercial Industrial Class Rate (C/I)2.00%Present Value Date:1-Aug-22Rental Housing Class Rate (Rental)1.25%First Period Ending1-Feb-23Affordable Rental Housing Class Rate (Aff. Rental)Tax Year District was Certified:Pay 2021First $174,0000.75%Cashflow Assumes First Tax Increment For Development:2023Over $174,0000.25%Years of Tax Increment26Non-Homestead Residential (Non-H Res. 1 Unit)Assumes Last Year of Tax Increment2048First $500,0001.00%Fiscal Disparities Election [Outside (A), Inside (B), or NA]Inside(B)Over $500,0001.25%Incremental or Total Fiscal DisparitiesIncrementalHomestead Residential Class Rate (Hmstd. Res.)Fiscal Disparities Contribution Ratio31.5863% Pay 2021First $500,0001.00%Fiscal Disparities Metro-Wide Tax Rate139.5040% Pay 2021Over $500,0001.25%Maximum/Frozen Local Tax Rate: 144.645% Pay 2021Agricultural Non-Homestead1.00%Current Local Tax Rate: (Use lesser of Current or Max.)144.645%Pay 2021State-wide Tax Rate (Comm./Ind. only used for total taxes) 35.9780% Pay 2021Market Value Tax Rate (Used for total taxes) 0.22332% Pay 2021Building Total Percentage Tax Year Property Current Class AfterLand Market Market Of Value Used Original Original Tax Original After ConversionMap IDPIDOwnerAddress Market Value ValueValue for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap.5,374,000 100,000 5,474,000100% 5,474,000 Pay 2021 Non-H Res. 1 Unit67,175 Rental68,425 11,000 1,0002,000100%2,000 Pay 2021 Non-H Res. 1 Unit20 Rental25 140,000 205,000 245,000100% 245,000 Pay 2021 C/I Pref.4,150 Rental3,063 1207-029-23-23-0002Bremer Bank NA2401 Lowry Ave NE1,232,000 401,000 1,633,000100% 1,633,000 Pay 2021 C/I Pref.31,910 Rental20,413 16,647,000 707,000 7,354,0007,354,000 103,25591,925Note:1. Base values are for pay 2021 based upon review of County website on 12-30-20.2. Located in SD # 282 and WS # 6107-029-23-23-0001The Village LLC2501 Lowry Ave NEArea/ PhaseTax Rates BASE VALUE INFORMATION (Original Tax Capacity)Prepared by Ehlers35
3/8/2021Lowry Grove TIF District City of St. Anthony, MN 264-Units of Senior Living/Care and 225-Market Rate UnitsEstimated Taxable Total Taxable Property Percentage Percentage Percentage Percentage First YearMarket Value Market Value Total Market Tax Project Project Tax Completed Completed Completed Completed Full TaxesArea/PhaseNew Use Per Sq. Ft./Unit Per Sq. Ft./UnitSq. Ft./UnitsValueClass Tax CapacityCapacity/Unit 2021202220232024 Payable1Senior Apartments 180,000180,000 135 24,300,000 Rental303,7502,250 50%100%100%100%20242Assisted living 180,000180,000 54 9,720,000 Rental121,5002,250 0%50%100%100%20252Assisted living 180,000180,000 75 13,500,000 Rental168,7502,250 0%50%100%100%20253Market Apartments 180,000180,000 225 40,500,000 Rental506,2502,250 0%0%50%100%2026TOTAL88,020,000 1,100,250 Subtotal Residential 489 88,020,000 1,100,250 Subtotal Commercial/Ind. 0 0 0 Note:1. Market values are based upon estimates received from the County Assessor's Office.Total Fiscal Local Local Fiscal State-wide MarketTax Disparities Tax Property Disparities PropertyValueTotal Taxes PerNew UseCapacity Tax Capacity Capacity Taxes TaxesTaxesTaxesTaxes Sq. Ft./UnitSenior Apartments 303,7500303,750 439,3590054,267 493,626 3,656.49Assisted living121,5000121,500 175,7440021,707 197,450 3,656.49Assisted living168,7500168,750 244,0880030,148 274,237 3,656.49Market Apartments 506,2500506,250 732,2650090,445 822,710 3,656.49TOTAL1,100,25001,100,250 1,591,45700196,566 1,788,023Note: 1. Taxes and tax increment will vary significantly from year to year depending upon values, rates, state law, fiscal disparities and other factors which cannot be predicted.Total Property Taxes 1,788,023Current Market Value - Est. 7,354,000less State-wide Taxes 0New Market Value - Est. 88,020,000less Fiscal Disp. Adj. 0 Difference80,666,000less Market Value Taxes(196,566)Present Value of Tax Increment28,242,769less Base Value Taxes(132,965) Difference52,423,231Annual Gross TIF 1,458,492Value likely to occur without Tax Increment is less than:52,423,231 WHAT IS EXCLUDED FROM TIF?MARKET VALUE BUT / FOR ANALYSISTAX CALCULATIONSPROJECT INFORMATION (Project Tax Capacity)Prepared by Ehlers36
3/8/2021Tax Increment Cashflow - Page 3Lowry Grove TIF District City of St. Anthony, MN 264-Units of Senior Living/Care and 225-Market Rate UnitsTAX INCREMENT CASH FLOWProject Original Fiscal CapturedLocal Annual Semi-Annual State Admin.Semi-Annual Semi-Annual PERIOD% of TaxTax Disparities TaxTax Gross Tax Gross Tax AuditoratNet Tax Present ENDING Tax PaymentOTC Capacity Capacity Incremental CapacityRate Increment Increment 0.36%10% Increment Value Yrs. Year Date- - - - 02/01/23100% 151,875 (91,925) - 59,950 144.645% 86,715 43,357 (156) (4,320) 38,881 37,371 0.52023 08/01/23100% 151,875 (91,925) - 59,950 144.645% 86,715 43,357 (156) (4,320) 38,881 74,010 12023 02/01/24100% 448,875 (91,925) - 356,950 144.645% 516,310 258,155 (929) (25,723) 231,503 287,883 1.52024 08/01/24100% 448,875 (91,925) - 356,950 144.645% 516,310 258,155 (929) (25,723) 231,503 497,563 22024 02/01/25100% 856,238 (91,925) - 764,313 144.645% 1,105,540 552,770 (1,990) (55,078) 495,702 937,732 2.52025 08/01/25100% 856,238 (91,925) - 764,313 144.645% 1,105,540 552,770 (1,990) (55,078) 495,702 1,369,270 32025 02/01/26100% 1,127,456 (91,925) - 1,035,531 144.645% 1,497,844 748,922 (2,696) (74,623) 671,603 1,942,477 3.52026 08/01/26100% 1,127,456 (91,925) - 1,035,531 144.645% 1,497,844 748,922 (2,696) (74,623) 671,603 2,504,444 42026 02/01/27100% 1,161,280 (91,925) - 1,069,355 144.645% 1,546,768 773,384 (2,784) (77,060) 693,540 3,073,389 4.52027 08/01/27100% 1,161,280 (91,925) - 1,069,355 144.645% 1,546,768 773,384 (2,784) (77,060) 693,540 3,631,177 5202702/01/28100% 1,196,118 (91,925) - 1,104,193 144.645% 1,597,160 798,580 (2,875) (79,571) 716,135 4,195,844 5.52028 08/01/28100% 1,196,118 (91,925) - 1,104,193 144.645% 1,597,160 798,580 (2,875) (79,571) 716,135 4,749,440 62028 02/01/29100% 1,232,001 (91,925) - 1,140,076 144.645% 1,649,064 824,532 (2,968) (82,156) 739,407 5,309,818 6.52029 08/01/29100% 1,232,001 (91,925) - 1,140,076 144.645% 1,649,064 824,532 (2,968) (82,156) 739,407 5,859,208 72029 02/01/30100% 1,268,962 (91,925) - 1,177,037 144.645% 1,702,524 851,262 (3,065) (84,820) 763,378 6,415,288 7.52030 08/01/30100%1,268,962 (91,925) - 1,177,037 144.645% 1,702,524 851,262 (3,065) (84,820) 763,378 6,960,464 82030 02/01/31100% 1,307,030 (91,925) - 1,215,105 144.645% 1,757,589 878,795 (3,164) (87,563) 788,068 7,512,237 8.52031 08/01/31100% 1,307,030 (91,925) - 1,215,105 144.645% 1,757,589 878,795 (3,164) (87,563) 788,068 8,053,191 92031 02/01/32100% 1,346,241 (91,925) - 1,254,316 144.645% 1,814,306 907,153 (3,266) (90,389) 813,498 8,600,652 9.52032 08/01/32100% 1,346,241 (91,925) - 1,254,316 144.645% 1,814,306 907,153 (3,266) (90,389) 813,498 9,137,378 102032 02/01/33100% 1,386,629 (91,925) - 1,294,704 144.645% 1,872,724 936,362 (3,371) (93,299) 839,692 9,680,524 10.52033 08/01/33100% 1,386,629 (91,925) - 1,294,704 144.645% 1,872,724 936,362 (3,371) (93,299) 839,692 10,213,019 112033 02/01/34100% 1,428,227 (91,925) - 1,336,302 144.645% 1,932,895 966,447 (3,479) (96,297) 866,671 10,751,848 11.52034 08/01/34100% 1,428,227 (91,925) - 1,336,302 144.645% 1,932,895 966,447 (3,479) (96,297) 866,671 11,280,111 122034 02/01/35100% 1,471,074 (91,925) - 1,379,149 144.645% 1,994,870 997,435 (3,591) (99,384) 894,460 11,814,621 12.52035 08/01/35100% 1,471,074 (91,925) - 1,379,149 144.645% 1,994,870 997,435 (3,591) (99,384) 894,460 12,338,651 132035 02/01/36100% 1,515,206 (91,925) - 1,423,281 144.645% 2,058,705 1,029,353 (3,706) (102,565) 923,082 12,868,846 13.52036 08/01/36100% 1,515,206 (91,925) - 1,423,281 144.645% 2,058,705 1,029,353 (3,706) (102,565) 923,082 13,388,645 142036 02/01/37100% 1,560,663 (91,925) - 1,468,738 144.645% 2,124,456 1,062,228 (3,824) (105,840) 952,563 13,914,528 14.52037 08/01/37100% 1,560,663 (91,925) - 1,468,738 144.645% 2,124,456 1,062,228 (3,824) (105,840) 952,563 14,430,099 152037 02/01/38100% 1,607,482 (91,925) - 1,515,557 144.645% 2,192,178 1,096,089 (3,946) (109,214) 982,929 14,951,674 15.52038 08/01/38100% 1,607,482 (91,925) - 1,515,557 144.645% 2,192,178 1,096,089 (3,946) (109,214) 982,929 15,463,022 162038 02/01/39100% 1,655,707 (91,925) - 1,563,782 144.645% 2,261,932 1,130,966 (4,071) (112,689) 1,014,205 15,980,295 16.52039 08/01/39100% 1,655,707 (91,925) - 1,563,782 144.645% 2,261,932 1,130,966 (4,071) (112,689) 1,014,205 16,487,425 172039 02/01/40100% 1,705,378 (91,925) - 1,613,453 144.645% 2,333,779 1,166,890 (4,201) (116,269) 1,046,420 17,000,405 17.52040 08/01/40100% 1,705,378 (91,925) - 1,613,453 144.645% 2,333,779 1,166,890 (4,201) (116,269) 1,046,420 17,503,326 182040 02/01/41100% 1,756,540 (91,925) - 1,664,615 144.645% 2,407,782 1,203,891 (4,334) (119,956) 1,079,601 18,012,020 18.52041 08/01/41100% 1,756,540 (91,925) - 1,664,615 144.645% 2,407,782 1,203,891 (4,334) (119,956) 1,079,601 18,510,740 192041 02/01/42100% 1,809,236 (91,925) - 1,717,311 144.645% 2,484,004 1,242,002 (4,471) (123,753) 1,113,778 19,015,159 19.52042 08/01/42100% 1,809,236 (91,925) - 1,717,311 144.645% 2,484,004 1,242,002 (4,471) (123,753) 1,113,778 19,509,688 202042 02/01/43100% 1,863,513 (91,925) - 1,771,588 144.645% 2,562,513 1,281,257 (4,613) (127,664) 1,148,980 20,009,843 20.52043 08/01/43100% 1,863,513 (91,925) - 1,771,588 144.645% 2,562,513 1,281,257 (4,613) (127,664) 1,148,980 20,500,192 212043 02/01/44100% 1,919,418 (91,925) - 1,827,493 144.645% 2,643,377 1,321,689 (4,758) (131,693) 1,185,238 20,996,096 21.52044 08/01/44100% 1,919,418 (91,925) - 1,827,493 144.645% 2,643,377 1,321,689 (4,758) (131,693) 1,185,238 21,482,277 222044 02/01/45100% 1,977,001 (91,925) - 1,885,076 144.645% 2,726,668 1,363,334 (4,908) (135,843) 1,222,583 21,973,943 22.52045 08/01/45100% 1,977,001 (91,925) - 1,885,076 144.645%2,726,668 1,363,334 (4,908) (135,843) 1,222,583 22,455,969 232045 02/01/46100% 2,036,311 (91,925) - 1,944,386 144.645% 2,812,457 1,406,228 (5,062) (140,117) 1,261,049 22,943,412 23.52046 08/01/46100% 2,036,311 (91,925) - 1,944,386 144.645% 2,812,457 1,406,228 (5,062) (140,117) 1,261,049 23,421,297 242046 02/01/47100% 2,097,400 (91,925) - 2,005,475 144.645% 2,900,819 1,450,410 (5,221) (144,519) 1,300,669 23,904,532 24.52047 08/01/47100% 2,097,400 (91,925) - 2,005,475 144.645% 2,900,819 1,450,410 (5,221) (144,519) 1,300,669 24,378,292 252047 02/01/48100% 2,160,322 (91,925) - 2,068,397 144.645%2,991,833 1,495,916 (5,385) (149,053) 1,341,478 24,857,335 25.52048 08/01/48100% 2,160,322 (91,925) - 2,068,397 144.645% 2,991,833 1,495,916 (5,385) (149,053) 1,341,478 25,326,985 262048 02/01/49 Total51,574,812 (185,669) (5,138,914) 46,250,228 Present Value From 08/01/2022 Present Value Rate 4.00%28,242,769 (101,674) (2,814,109) 25,326,985 Prepared by Ehlers & Associates, Inc. - Estimates OnlyN:\Minnsota\St. Anthony\Housing - Economic - Redevelopment\TIF\TIF Districts\Lowry Grove (2021)\Cash flows\Cashflow 1-18-21 FINAL.xls37
St. Anthony Housing & Redevelopment Authority
Lowry Grove 14
Appendix C: Findings Including But/For Qualifications
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing
Plan (TIF Plan) for Lowry Grove (the “District”), as required pursuant to Minnesota Statutes,
Section 469.175, Subdivision 3 are as follows:
1. Finding that Lowry Grove is a redevelopment district as defined in M.S., Section 469.174,
Subd. 10.
The District consists of two parcels and vacant right-of-way, with plans to redevelop the area
for the construction of approximately 489 units of apartments, of which Phase I will consist of
a 135-unit senior apartment with independent living, assisted living and memory care units.
Phase II will consist of approximately 129 units of senior assisted living and Phase III will
consist of approximately 225 units of market rate apartments. 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 in the District, not
including outbuildings, are structurally substandard to a degree requiring substantial
renovation or clearance. (See Appendix D of the TIF Plan.)
2. Finding that the proposed development, in the opinion of the City Council, would not
reasonably be expected to occur solely through private investment within the reasonably
foreseeable future and that the increased market value of the site 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 development after subtracting the
present value of the projected tax increments for the maximum duration of Lowry Grove
permitted by the TIF Plan.
The proposed development, in the opinion of the City, would not reasonably be expected to
occur solely through private investment within the reasonably foreseeable future: This finding
is supported by the fact that the redevelopment proposed in the TIF Plan meets the City's
objectives for redevelopment. Due to the high cost of redevelopment on the parcels currently
occupied by substandard buildings, lack of adequate/updated utilities, environmental
remediation costs and the cost of financing the proposed improvements, this project is feasible
only through assistance, in part, from tax increment financing. The City has reviewed several
development proposals for the area and all of them have requested TIF for the development.
The developer for Phase I was asked for and provided a letter and a pro forma as justification
that the developer would not have gone forward without tax increment assistance.
The increased market value of the site that could reasonably be expected to occur without the
use of tax increment financing would be less than the increase in market value estimated to
result from the proposed development after subtracting the present value of the projected tax
increments for the maximum duration of the District permitted by the TIF Plan: This finding is
justified on the grounds that the cost of land acquisition, demolition, environmental
remediation, site and public improvements and utilities add to the total redevelopment cost.
Historically, construction costs, site and public improvements costs in this area have made
redevelopment infeasible without tax increment assistance. The City reasonably determines
that no other redevelopment of similar scope is anticipated on this site without substantially
similar assistance being provided to the development.
Therefore, the City concludes as follows:
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St. Anthony Housing & Redevelopment Authority
Lowry Grove 15
a. The City's estimate of the amount by which the market value of the entire District will
increase without the use of tax increment financing is $0.
b. If the proposed development occurs, the total increase in market value will be
$80,666,000.
c. The present value of tax increments from the District for the maximum duration of the
district permitted by the TIF Plan is estimated to be $28,242,769.
d. Even if some development other than the proposed development were to occur, the
Council finds that no alternative would occur that would produce a market value
increase greater than $52,423,231 (the amount in clause b less the amount in clause
c) without tax increment assistance.
3. Finding that the TIF Plan for the District conforms to the general plan for the development or
redevelopment of the municipality as a whole.
The City Council reviewed the TIF Plan and found that the TIF Plan conforms to the general
development plan of the City.
4. Finding that the TIF Plan for Lowry Grove will afford maximum opportunity, consistent with the
sound needs of the City as a whole, for the development or redevelopment of Redevelopment
Project Area No. 3 by private enterprise.
The project to be assisted by the District will result in increased employment in the City and
the State of Minnesota, the redevelopment of substandard properties, increased tax base of
the State, add a high-quality development to the City and increase the availability of safe and
decent life-cycle housing in the City.
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St. Anthony Housing & Redevelopment Authority
Lowry Grove 16
Appendix D: Redevelopment Qualifications for the District
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Report of Inspection Procedures and Results for
Determining Qualifications of a
Tax Increment Financing District as a Redevelopment District
Saint Anthony Village Lowry Grove
Redevelopment TIF District
Saint Anthony Village, Minnesota
December 8, 2017
Prepared For the
City of Saint Anthony Village
Prepared by:
LHB, Inc.
701 Washington Avenue North, Suite 200
Minneapolis, Minnesota 55401
LHB Project No. 170752
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TABLE OF CONTENTS
PART 1 – EXECUTIVE SUMMARY ................................................................................ 2
Purpose of Evaluation ................................................................................ 2
Scope of Work ........................................................................................... 3
Conclusion ................................................................................................. 3
PART 2 – MINNESOTA STATUTE 469.174, SUBDIVISION 10 REQUIREMENTS ....... 3
A. Coverage Test ...................................................................................... 4
B. Condition of Buildings Test ................................................................... 4
C. Distribution of Substandard Buildings ................................................... 5
PART 3 – PROCEDURES FOLLOWED ......................................................................... 6
PART 4 – FINDINGS ...................................................................................................... 6
A. Coverage Test ...................................................................................... 6
B. Condition of Building Test ..................................................................... 7
1. Building Inspection .................................................................... 7
2. Replacement Cost ..................................................................... 7
3. Code Deficiencies ..................................................................... 8
4. System Condition Deficiencies .................................................. 9
C. Distribution of Substandard Structures ................................................. 9
PART 5 - TEAM CREDENTIALS .................................................................................. 10
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
42
PART 1 – EXECUTIVE SUMMARY
PURPOSE OF EVALUATION
LHB was hired by the City of Saint Anthony Village to inspect and evaluate the properties within a
Tax Increment Financing Redevelopment District (“TIF District”) proposed to be established by the
City. The proposed TIF District is located at the northeast corner of Stinson Parkway Northeast and
Kenzie Terrace (Diagram 1). The purpose of LHB’s work is to determine whether the proposed TIF
District meets the statutory requirements for coverage, and whether four (4) buildings on two (2)
parcels, located within the proposed TIF District, meet the qualifications required for a
Redevelopment District.
Diagram 1 – Proposed TIF District
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SCOPE OF WORK
The proposed TIF District consists of two (2) parcels with four (4) buildings. Three (3) buildings
were inspected on November 10, 2017 and one (1) building was inspected on November 14, 2017.
Building Code and Condition Deficiency reports for the buildings that were inspected and found to
be substandard are located in Appendix B.
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.
• 75 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
“The municipality may not make such determination [that the building is structurally substandard]
without an interior inspection of the property...”
EXTERIOR INSPECTION AND OTHER MEANS
“An 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.”
DOCUMENTATION
“Written 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).”
QUALIFICATION REQUIREMENTS
Minnesota Statutes, Section 469.174, Subdivision 10 (a) (1) requires three tests for occupied parcels:
44
A. COVERAGE TEST
…“parcels consisting of 70 percent of the area of the district are occupied by buildings, streets,
utilities, or paved or gravel parking lots…”
The coverage required by the parcel to be considered occupied is defined under Minnesota
Statutes, Section 469.174, Subdivision 10(e), which states: “For 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.”
B. CONDITION OF BUILDINGS TEST
Minnesota Statutes, Section 469.174, Subdivision 10(a) states, “…and more than 50 percent of the
buildings, not including outbuildings, are structurally substandard to a degree requiring
substantial renovation or clearance;”
1. Structurally substandard is defined under Minnesota Statutes, Section 469.174, Subdivision 10(b),
which states: “For purposes of this subdivision, ‘structurally substandard’ 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.”
a. We do not count energy code deficiencies toward the thresholds required by Minnesota
Statutes, Section 469.174, Subdivision 10(b) defined as “structurally substandard”, 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.
2. Buildings are not eligible to be considered structurally substandard unless they meet certain
additional criteria, as set forth in Subdivision 10(c) which states:
“A 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 structural repairs, or other similar reliable evidence.”
“Items 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 of deterioration, or other similar reliable evidence.”
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:
45
• The Minnesota energy code is one of ten building code areas highlighted by the
Minnesota Department of Labor and Industry website where minimum
construction standards are required by law.
• Chapter 13 of the 2015 Minnesota Building Code states, “Buildings shall be designed
and constructed in accordance with the International Energy Conservation Code.”
Furthermore, Minnesota Rules, Chapter 1305.0021 Subpart 9 states, “References
to the International Energy Conservation Code in this code mean the Minnesota Energy
Code…”
• Chapter 11 of the 2015 Minnesota Residential Code incorporates Minnesota Rules,
Chapters, 1322 and 1323 Minnesota Energy Code.
• 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.
• 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.
• 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. In order for
an 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.
C. DISTRIBUTION OF SUBSTANDARD BUILDINGS
Minnesota Statutes, Section 469.174, Subdivision 10, defines a Redevelopment District and requires
one or more of the following conditions, “reasonably distributed throughout the district.”
(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 was for tank facilities…”
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 all of
the 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
46
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 three (3) buildings on November 10, 2017 and one (1) building was inspected on
November 14, 2017.
For the purposes of this report, 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 “outbuildings” which are not typically considered in
TIF analysis because they have very few code requirements and are not intended for human
occupation.
PART 4 – FINDINGS
A. COVERAGE TEST
1. The total square foot area of the parcel in the proposed TIF District was obtained from City
records, GIS mapping and site verification.
2. 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.
3. 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.
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).
47
Diagram 2 – 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
B. CONDITION OF BUILDING TEST
1. BUILDING INSPECTION
The first step in the evaluation process is the building inspection. After an initial walk-
thru, the inspector makes a judgment whether or not a building “appears” 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.
2. REPLACEMENT COST
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
48
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
2017.
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 Saint
Anthony Village, Minnesota.
Replacement cost includes labor, materials, and the contractor’s overhead and profit.
Replacement costs do not include architectural fees, legal fees or other “soft” costs not
directly related to construction activities. Replacement cost for each building is tabulated
in Appendix A.
3. CODE DEFICIENCIES
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.
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.
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 actually a series
of provisional codes written specifically for Minnesota only requirements, adoption of
several international codes, and amendments to the adopted international codes.
After identifying the code deficiencies in each building, we used R.S. Means Cost Works
2017; 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:
Three (3) out of four (4) buildings (75 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.
49
4. SYSTEM CONDITION DEFICIENCIES
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 “structurally substandard”
under Minnesota Statutes, Section 469.174, Subdivision 10(b), the building’s defects or
deficiencies should be of sufficient total significance to justify “substantial renovation or
clearance.” Based on this definition, LHB re-evaluated each of the buildings that met the
code deficiency threshold under Minnesota Statutes, Section 469.174, Subdivision 10(c), to
determine if the total deficiencies warranted “substantial renovation or clearance” based on
the criteria we outlined above.
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.
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 “service life” used up for a particular component unless it was an obvious part of that
component’s deficiencies.
After identifying the system condition deficiencies in each building, we used our
professional judgment to determine if the list of defects or deficiencies is of sufficient total
significance to justify “substantial renovation or clearance.”
FINDING:
In our professional opinion, three (3) out of four (4) buildings (75 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).
C. DISTRIBUTION OF SUBSTANDARD STRUCTURES
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 look at 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.
50
Diagram 3 – Substandard Buildings
Shaded green area depicts parcels with buildings.
Shaded orange area depicts substandard buildings.
PART 5 - TEAM CREDENTIALS
Michael A. Fischer, AIA, LEED AP - Project Principal/TIF Analyst
Michael has 29 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 Masters
degrees in City Planning and Real Estate Development from MIT. He has served on more than 50
51
committees, boards and community task forces, including a term as a City Council President and as
Chair of a Metropolitan Planning Organization. Most recently, he served as Chair of the Edina,
Minnesota planning commission and is currently a member of the Edina city council. Michael has
also managed and designed several award-winning architectural projects, and was one of four
architects in the Country to receive the AIA Young Architects Citation in 1997.
Philip Waugh – Project Manager/TIF Analyst
Philip is a project manager with 13 years of experience in historic preservation, building investigations,
material research, and construction methods. He previously worked as a historic preservationist and
also served as the preservation specialist at the St. Paul Heritage Preservation Commission. Currently,
Phil sits on the Board of Directors for the Preservation Alliance of Minnesota. His current
responsibilities include project management of historic preservation projects, performing building
condition surveys and analysis, TIF analysis, writing preservation specifications, historic design
reviews, writing Historic Preservation Tax Credit applications, preservation planning, and grant
writing.
Phil Fisher – 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.
O:\17Proj\170752\400 Design\406 Reports\Final Report\170752 St Anthony Lowry Grove Redevelopment TIF Report.docx
APPENDICES
APPENDIX A Property Condition Assessment Summary Sheet
APPENDIX B Building Code and Condition Deficiencies Reports
APPENDIX C Building Replacement Cost Reports
Code Deficiency Cost Reports
Photographs
52
APPENDIX A
Property Condition Assessment Summary Sheet
53
Saint Anthony Village Lowry Grove Redevelopment TIF District Property Condition Assessment Summary SheetTIF Map No.PID # Property AddressImproved or VacantSurvey Method UsedSite Area(S.F.)Coverage Area of Improvements(S.F.)Coverage Percent of ImprovementsCoverageQuantity(S.F.)No. of BuildingsBuildingReplacementCost15% of Replacement CostBuilding Code DeficienciesNo. of Buildings Exceeding 15% CriteriaNo. of buildings determined substandardA07029232300002 2401 Lowry Ave N E Improved Interior/Exterior 82,14382,143100.0%82,1431Note 1B0702923230001 2501 Lowry Ave N E Improved Exterior 672,466606,71790.2%672,4662501 Lowry Ave N E Improved Interior/Exterior1$329,435$49,415 $161,892112501 Lowry Ave N E Improved Interior/Exterior1$368,598$55,290 $127,900112551-2553 Stinson BLVD NEImproved Interior/Exterior1$160,415$24,062 $45,33211TOTALS 754,609754,609 4 33100.0% 75.0%O:\17Proj\170752\400 Design\406 Reports\Final Report\[170752 St Anthony Lowry Grove Redevelopment TIF Summary Spreadsheet.xlsx]Property Info75.0%1- Laundromat and Shower2- Park Office and Barbershop3-DuplexTotal Coverage Percent:Percent of buildings exceeding 15 percent code deficiency threshold: Percent of buildings determined substandard: Note 1: After an interior and exterior inspection, this building was determined to not be substandard.Saint Anthony Village Lowry Grove Redevelopment TIF DistrictLHB Project Number 170752Page 1 of 1Property Condition Assessment Summary Sheet54
APPENDIX B
Building Code, Condition Deficiency and Context Analysis Reports
55
Saint Anthony Village Lowry Grove Redevelopment TIF District
Building Code, Condition Deficiency and Context Analysis Report
December 5, 2017
Parcel No. & Building Name: Parcel B Building 1 Laundromat and Shower
Address: 2501 Lowry Ave NE St Anthony, MN 55418
Parcel ID: 0702923230001
Inspection Date(s) & Time(s): November 10, 2017 11:15 am
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: $329,435
Estimated Cost to Correct Building Code Deficiencies: $161,892
Percentage of Replacement Cost for Building Code Deficiencies: 49.14%
Defects in Structural Elements
1. None observed.
Combination of Deficiencies
1. Essential Utilities and Facilities
a. Water is not connected to building.
b. Natural gas is not connected to building.
c. Electricity is not connected to building.
d. There is no ADA code required designated parking area.
e. The building is not ADA code accessible because of elevated threshold.
f. There is no ADA code compliant restroom.
g. There is no ADA code compliant shower room available.
h. Door hardware is not ADA code compliant.
2. Light and Ventilation
a. HVAC system does not comply with mechanical/building code.
b. Lighting does not comply with code.
56
3. Fire Protection/Adequate Egress
a. Flooring material is missing/damaged creating an impediment to emergency egress, which is
contrary to code.
b. There are no code required smoke detectors in the building.
c. There is no code required emergency notification system in the building.
d. There is no code required emergency lighting in the building.
e. There is no code required building sprinkler system installed.
4. Layout and Condition of Interior Partitions/Materials
a. Ceiling tile is damaged/missing and should be replaced.
b. Glass is broken.
c. Interior partitions are rusting and should be replaced.
d. Interior block walls should be repainted.
e. Mold is present on interior surfaces.
5. Exterior Construction
a. Windows are damaged/missing allowing for water intrusion, contrary to code.
b. Roofing material is damaged allowing for water intrusion, contrary to code.
c. Vinyl siding is damaged allowing for water intrusion, contrary to code.
d. Brick chimney is cracked/damaged and should be repaired to prevent water intrusion per
code.
Description of Code Deficiencies
1. An ADA code required parking space should be created.
2. An ADA code required accessible route into the building should be created by modifying threshold
height at entrance door.
3. An ADA code required restroom should be created.
4. An ADA code compliant shower room should be created.
5. Code compliant door hardware should be installed.
6. Mechanical/building code compliant HVAC system should be installed.
7. Code compliant lighting should be installed.
8. Flooring should be replaced to comply with code to create an unimpeded means for emergency
egress.
9. Code required smoke detectors should be installed.
10. Code required emergency lighting should be installed.
11. Code required emergency notification system should be installed.
12. Code required building sprinkler system should be installed.
13. Windows should be replaced to prevent water intrusion per code.
14. Roofing material should be replaced to prevent water intrusion per code.
15. Siding material should be repaired/replaced to prevent water intrusion per code.
16. Brick chimney should be repaired to prevent water intrusion per code.
Overview of Deficiencies
This laundry/shower facility serviced the trailer park residence for many years but has fallen into a state of
disrepair. Windows are damaged and/or missing. There is no accessible route into the building. The aisles
are not ADA compliant for proper width. There is interior water damage that is causing mold growth. The
HVAC and lighting systems are not functional. There is no life safety system installed in the building.
O:\17Proj\170752\400 Design\406 Reports\Building Reports\2501 Lowry Ave NE - Laundromat and Shower Facility\170752 2501 Lowry Ave NE
Laundromat Building Report.docx
57
Saint Anthony Village Lowry Grove Redevelopment TIF District
Building Code, Condition Deficiency and Context Analysis Report
December 5, 2017
Parcel No. & Building Name: Parcel B Building 2 Park Office and Barber Shop
Address: 2501 Lowry Ave NE St Anthony, MN 55418
Parcel ID: 0702923230001
Inspection Date(s) & Time(s): November 10, 2017 10:45 am
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: $368,598
Estimated Cost to Correct Building Code Deficiencies: $127,900
Percentage of Replacement Cost for Building Code Deficiencies: 34.70%
Defects in Structural Elements
1. Foundation walls are effervescing which is indicative of water intrusion, contrary to code.
2. Foundation walls are cracked, which is indicative of differential settlement.
Combination of Deficiencies
1. Essential Utilities and Facilities
a. Thresholds are not ADA code compliant for minimum height.
b. The exterior glass doors should have a 10-inch kick plate installed to comply with code.
c. There is no accessible route into the building.
d. There is no accessible route between levels.
e. Restroom sink hardware should be replaced with ADA code compliant fittings.
f. Door hardware should be replaced to comply with ADA code.
g. Basement stairs do not have code required handrails.
h. Basement door hardware is missing.
2. Light and Ventilation
a. Electrical wiring is not code compliant for a commercial building.
b. HVAC system does not comply with mechanical/building code.
58
3. Fire Protection/Adequate Egress
a. There are no code required smoke detectors in the building.
b. There is no code required emergency notification system in the building.
c. There is no code required emergency lighting in the building.
d. There is no code required building sprinkler system installed.
4. Layout and Condition of Interior Partitions/Materials
a. Interior walls should be repaired/repainted.
b. Carpeting is stained.
c. Carpeting is bulging, causing an impediment to emergency egress, which is contrary to code.
5. Exterior Construction
a. Windows have failed and are allowing for water intrusion, contrary to code.
b. Exterior steel door is rusting and should be repainted.
c. Vinyl siding is damaged.
d. Roofing material should be replaced to prevent water intrusion, per code.
e. Metal stairs off north exit do not comply with code.
Description of Code Deficiencies
1. Thresholds are not ADA code compliant.
2. Glass doors should have code required 10-inch kick plates.
3. There is no ADA code compliant route into the building.
4. There is no ADA code compliant route between levels.
5. Restroom sink hardware should be replaced with ADA code compliant fittings.
6. Door hardware is not ADA code compliant.
7. Basement stairs do not have code required handrails.
8. Electrical wiring is not code compliant for a commercial building.
9. HVAC system does not comply with mechanical/building code.
10. Code required smoke detectors should be installed.
11. Code required emergency notification system should be installed.
12. Code required emergency lighting should be installed.
13. Code required building sprinkler system should be installed.
14. Carpet is bulging, creating an impediment to emergency egress, which is contrary to code.
15. Windows should be replaced to prevent water intrusion per code.
16. Roofing material should be replaced to prevent water intrusion, per code.
17. Metal stairs on north side of building should be modified to comply with code.
Overview of Deficiencies
This building appears to have originally been a convenience store and was converted to a barber shop and the
trailer park office. The basement was used as a storm shelter that was not ADA accessible. The exterior
windows have failed along with the roofing material. There are holes in the vinyl siding. The exterior metal
doors are rusting and should be repainted. The foundation walls are effervescing and should be
resealed/repainted. The interior walls should be repainted, and the carpet should be replaced.
O:\17Proj\170752\400 Design\406 Reports\Building Reports\2501 Lowry Ave NE - Park Office and Barber Shop\170752 2501 Lowry Ave N Park
Office and Barbershop Building Report.docx
59
Saint Anthony Village Lowry Grove Redevelopment TIF District
Building Code, Condition Deficiency and Context Analysis Report
December 5, 2017
Parcel No. & Building Name: Parcel B Building 3 Duplex
Address: 2551/2553 Stinson Boulevard NE, St Anthony, MN 55418
Parcel ID: 0702923230001
Inspection Date(s) & Time(s): November 10, 2017 11:45 am
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: $160,415
Estimated Cost to Correct Building Code Deficiencies: $45,332
Percentage of Replacement Cost for Building Code Deficiencies: 28.26%
Defects in Structural Elements
1. Foundation block walls are cracked allowing for water intrusion, contrary to code.
Combination of Deficiencies
1. Essential Utilities and Facilities
a. Water has been turned off to the building.
b. Electricity has been turned off to the building.
c. Natural gas has been turned off to the building.
2. Light and Ventilation
a. Electrical wiring is exposed, contrary to code.
b. HVAC system does not comply with mechanical/building code.
c. Electrical wiring does not comply with code.
3. Fire Protection/Adequate Egress
a. Basement stairs do not comply with code for proper rise and run.
b. Basement stairs does not comply with code for minimum width.
c. There are no code required smoke detectors in the building.
d. There are no code required carbon monoxide detectors in the building.
e. There are no Arc Fault Circuit Interrupters in the building.
f. Electrical outlet spacing does not comply with code.
60
4. Layout and Condition of Interior Partitions/Materials
a. Interior walls and ceilings should be repainted.
b. Interior carpeting is stained and damaged and should be replaced.
c. Kitchen cabinets should be repainted.
d. Floor to ceiling height in basement does not comply with code.
e. Wood trim is missing around windows.
5. Exterior Construction
a. There is excessive vegetation growth around the building, which is contrary to city code.
b. The concrete steps leading into both sides of the duplex are damaged and should be
repaired.
c. Wood trim around front door is missing.
d. Roofing material is not properly installed per code.
e. Basement windows are boarded up.
f. Vinyl siding is damaged allowing for water intrusion, contrary to code.
g. Exterior basement door is missing hardware.
h. Exposed wood trim should be repainted.
i. Chimney brick is damaged and should be repaired to prevent water intrusion per code.
Description of Code Deficiencies
1. Foundation block walls should be repaired to prevent water intrusion per code.
2. All electrical wiring should be properly protected per code.
3. HVAC system should be replaced to comply with code.
4. All electrical wiring should be replaced to comply with code.
5. Basement stairs rise, and run should be modified to comply with code.
6. Basement stairway width should be modified to comply with code.
7. Code required smoke detectors should be installed.
8. Code required carbon monoxide detectors should be installed.
9. Arc Fault Circuit Interrupters should be installed to comply with code.
10. Electrical outlets should be properly spaced per code.
11. Basement floor to ceiling height should be modified to comply with code.
12. Excessive vegetative material should be removed to comply with city code.
13. Roofing material should be replaced to comply with code.
14. Vinyl siding should be repaired to prevent water intrusion per code.
15. Chimney brick should be repaired to prevent water intrusion per code.
Overview of Deficiencies
This residential duplex has been vacant for some time and there is excessive vegetative growth surrounding
the building. The exterior foundation block is cracked and should be repaired and repainted. Interior surface
material should be repaired, repainted and or replaced. Access to the basement is not code compliant and the
basement floor to ceiling height does not comply with code. Electrical and HVAC systems should also be
replaced to comply with code.
O:\17Proj\170752\400 Design\406 Reports\Building Reports\2551-2553 NE Stinson Parkway - Duplex\170752 2551-2553 Stinson Blvd Duplex
Building Report.docx
61
APPENDIX C
Building Replacement Cost Reports
Code Deficiency Cost Reports
Photographs
62
Saint Anthony Village Lowry Grove Redevelopment TIF District
Replacement Cost Report
Square Foot Cost Estimate Report Date:11/11/2017
Lowry Laundromat
City of St Anthony
2501 Lowry Ave NE , St Anthony , Minnesota ,
55418
Building Type:Laundromat Concrete Block / Bearing Walls
Location:ST ANTHONY, MN
Story Count:1
Story Height (L.F.):10
Floor Area (S.F.):2800
Labor Type:OPN
Basement Included:No
Data Release:Year 2018
Cost Per Square Foot:$117.66
Building Cost:$329,434.85
% of Total Cost Per S.F. Cost
15.08% 16.12 45,149.76
A1010 Standard Foundations 9.50 26,604.89
6.35 17,770.32
3.16 8,834.57
A1030 Slab on Grade 6.08 17,031.53
6.08 17,031.53
A2010 Basement Excavation 0.54 1,513.34
0.54 1,513.34
28.05% 30.00 84,001.99
B1020 Roof Construction 3.88 10,864.00
3.88 10,864.00
B2010 Exterior Walls 9.34 26,152.00
9.34 26,152.00
B2020 Exterior Windows 3.67 10,276.12
2.04 5,721.63
1.63 4,554.49
B2030 Exterior Doors 3.49 9,770.75
2.40 6,713.30
1.09 3,057.45
B3010 Roof Coverings 9.62 26,939.12
3.14 8,794.83
Concrete block (CMU) wall, regular weight, 75% solid, 4 x 8 x 16, 2000 PSI
Estimate Name:
Costs are derived from a building model with basic components.
Scope differences and market conditions can cause costs to vary significantly.
A Substructure
Foundation wall, CIP, 4' wall height, direct chute, .148 CY/LF, 7.2 PLF, 12"
thick
Strip footing, concrete, reinforced, load 11.1 KLF, soil bearing capacity 6 KSF,
12" deep x 24" wide
Slab on grade, 5" thick, non industrial, reinforced
Excavate and fill, 4000 SF, 4' deep, sand, gravel, or common earth, on site
storage
B Shell
Wood roof, flat rafter, 2" x 10", 16" O.C.
Aluminum flush tube frame, for 1/4"glass, 1‐3/4" x 4‐1/2", 5'x20' opening, 3
intermediate horizontals
Glazing panel, plate glass, 1/4" thick, clear
Door, aluminum & glass, with transom, narrow stile, double door, hardware,
6'‐0" x 10'‐0" opening
Door, steel 18 gauge, hollow metal, 1 door with frame, "A" label, 3'‐0" x 7'‐0"
opening
Roofing, asphalt flood coat, gravel, base sheet, 3 plies 15# asphalt felt,
mopped
Saint Anthony Village Lowry Grove Redevelopment TIF District
LHB Project No. 170752 Page 1 of 3
Replacement Cost Report
Parcel B Building 1, Laundromat and Shower
63
2.17 6,089.13
2.19 6,127.94
1.10 3,078.12
1.02 2,849.10
11.50% 12.30 34,439.83
C1010 Partitions 4.34 12,156.06
0.76 2,134.63
3.58 10,021.43
C1020 Interior Doors 0.95 2,666.44
0.95 2,666.44
C3010 Wall Finishes 0.29 820.81
0.29 820.81
C3020 Floor Finishes 2.42 6,763.46
2.42 6,763.46
C3030 Ceiling Finishes 4.30 12,033.06
4.30 12,033.06
45.38% 48.54 135,894.65
D2010 Plumbing Fixtures 12.46 34,880.35
7.91 22,142.84
0.82 2,282.74
1.85 5,190.97
1.88 5,263.80
D2020 Domestic Water Distribution 7.45 20,871.60
7.45 20,871.60
D2040 Rain Water Drainage 1.96 5,479.43
1.48 4,138.69
0.48 1,340.74
D3050 Terminal & Package Units 8.75 24,487.15
8.75 24,487.15
D4010 Sprinklers 5.19 14,529.84
5.19 14,529.84
D5010 Electrical Service/Distribution 3.98 11,137.30
0.91 2,547.07
0.74 2,085.72
2.32 6,504.51
D5020 Lighting and Branch Wiring 5.01 14,029.12
1.72 4,820.26
0.15 406.56
0.57 1,593.42
2.57 7,208.88
D5030 Communications and Security 3.23 9,052.67
1/2" fire rated gypsum board, taped & finished, painted on metal furring
Insulation, rigid, roof deck, composite with 2" EPS, 1" perlite
Roof edges, aluminum, duranodic, .050" thick, 6" face
Flashing, copper, no backing, 16 oz, < 500 lbs
Gravel stop, aluminum, extruded, 4", duranodic, .050" thick
C Interiors
Metal partition, 5/8" water resistant gypsum board face, no base layer, 3‐
5/8" @ 24" OC framing ,same opposite face, no insulation
Roof drain, DWV PVC, 4" diam, for each additional foot add
Door, single leaf, wood frame, 3'‐0" x 7'‐0" x 1‐3/8", birch, solid core
Painting, interior on plaster and drywall, walls & ceilings, roller work, primer
& 2 coats
Vinyl, composition tile, minimum
Acoustic ceilings, 5/8" fiberglass board, 24" x 48" tile, tee grid, suspended
support
D Services
Water closet, vitreous china, bowl only with flush valve, wall hung
Urinal, vitreous china, wall hung
Lavatory w/trim, wall hung, PE on CI, 20" x 18"
Service sink w/trim, PE on CI, corner floor, 28" x 28", w/rim guard
Gas fired water heater, commercial, 100< F rise, 390 MBH input, 374 GPH
Roof drain, DWV PVC, 4" diam, diam, 10' high
Rooftop, single zone, air conditioner, factories, 3,000 SF, 10.00 ton
Wet pipe sprinkler systems, steel, ordinary hazard, 1 floor, 5000 SF
Overhead service installation, includes breakers, metering, 20' conduit &
wire, 3 phase, 4 wire, 120/208 V, 200 A
Feeder installation 600 V, including RGS conduit and XHHW wire, 200 A
Switchgear installation, incl switchboard, panels & circuit breaker, 120/208
V, 3 phase, 400 A
Receptacles incl plate, box, conduit, wire, 2.5 per 1000 SF, .3 watts per SF
Miscellaneous power, to .5 watts
Central air conditioning power, 4 watts
Fluorescent fixtures recess mounted in ceiling, 0.8 watt per SF, 20 FC, 5
fixtures @32 watt per 1000 SF
Saint Anthony Village Lowry Grove Redevelopment TIF District
LHB Project No. 170752 Page 2 of 3
Replacement Cost Report
Parcel B Building 1, Laundromat and Shower
64
1.06 2,973.97
2.17 6,078.70
D5090 Other Electrical Systems 0.51 1,427.19
0.51 1,427.19
0%0 0
E1090 Other Equipment 0 0
0%0 0
0%0 0
100% $106.96 $299,486.23
10.00% $10.70 $29,948.62
0.00% $0.00 $0.00
0.00% $0.00 $0.00
$117.66 $329,434.85
Generator sets, w/battery, charger, muffler and transfer switch, gas/gasoline
operated, 3 phase, 4 wire, 277/480 V, 7.5 kW
Communication and alarm systems, fire detection, addressable, 25 detectors,
includes outlets, boxes, conduit and wire
Fire alarm command center, addressable without voice, excl. wire & conduit
Architectural Fees
User Fees
Total Building Cost
E Equipment & Furnishings
F Special Construction
G Building Sitework
SubTotal
Contractor Fees (General Conditions,Overhead,Profit)
Saint Anthony Village Lowry Grove Redevelopment TIF District
LHB Project No. 170752 Page 3 of 3
Replacement Cost Report
Parcel B Building 1, Laundromat and Shower
65
Saint Anthony Village Lowry Grove Redevelopment TIF District
Code Deficiency Cost Report
Parcel B Building 1
2501 Lowry Ave NE St Anthony, MN 55418 - Laundromat and Shower Facility
Code Related Cost Items Unit Cost Units
Unit
Quantity Total
Accessibility Items
Parking
Code required ADA parking should be created 100.00$ EA 1 100.00$
Building Entrance
Building entrance should be modified to code required access 1,000.00$ EA 1 1,000.00$
Restroom
An ADA code compliant restroom should be created 12.46$ SF 2800 34,888.00$
Shower Facility
An ADA code compliant shower should be created 5.65$ SF 2800 15,820.00$
Door Hardware
Code required ADA door hardware should be installed 250.00$ EA 3 750.00$
Structural Elements
-$
Exiting
Vinyl Flooring
Damaged vinyl flooring should be replaced to create an
unimpeded means for emergency egress 2.42$ SF 2800 6,776.00$
Fire Protection
Smoke Detectors
Install code required smoke detectors 1.07$ SF 2800 2,996.00$
Emergency Lighting
Install code required emergency lighting 175.00$ EA 4 700.00$
Emergency Notification System
Install code required emergency notification system 2.69$ SF 2800 7,532.00$
Building Sprinkler system
Install code required building sprinkler system 6.74$ SF 2800 18,872.00$
Exterior Construction
Windows
Replace damaged windows to prevent water intrusion per code 3.67$ SF 2800 10,276.00$
Vinyl Siding
Repair damaged vinyl siding to prevent water intrusion per code 250.00$ Lump 1 250.00$
Brick Chimney
Saint Anthony Village Lowry Grove Redevelopment TIF District
LHB Project No. 170752 Page 1 of 2
Code Deficiency Cost Report
Parcel B Building 1, Laundromat and Shower
66
Code Related Cost Items Unit Cost Units
Unit
Quantity Total
Repair damaged brick chimney to prevent water intrusion per
code 500.00$ Lump 1 500.00$
Roof Construction
Roofing Material
Remove damaged roofing material 1.00$ SF 2800 2,800.00$
Install roofing material to prevent water intrusion per code 9.62$ SF 2800 26,936.00$
Mechanical- Electrical
Mechanical
Install code compliant HVAC system 8.75$ SF 2800 24,500.00$
Electrical
Code compliant electrical lighting should be installed 2.57$ SF 2800 7,196.00$
Total Code Improvements 161,892$
Saint Anthony Village Lowry Grove Redevelopment TIF District
LHB Project No. 170752 Page 2 of 2
Code Deficiency Cost Report
Parcel B Building 1, Laundromat and Shower
67
Saint Anthony Village Lowry Grove Redevelopment TIF District
Photos: Parcel B Building 1, 2501 Lowry Avenue NE, Laundromat and Shower
Page 1 of 3
P1160658.JPG P1160659.JPG P1160660.JPG
P1160661.JPG P1160662.JPG P1160663.JPG
P1160664.JPG P1160665.JPG P1160666.JPG
P1160667.JPG P1160668.JPG P1160669.JPG
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Saint Anthony Village Lowry Grove Redevelopment TIF District
Photos: Parcel B Building 1, 2501 Lowry Avenue NE, Laundromat and Shower
Page 2 of 3
P1160670.JPG P1160671.JPG P1160672.JPG
P1160673.JPG P1160675.JPG P1160676.JPG
P1160677.JPG P1160678.JPG P1160679.JPG
P1160680.JPG P1160681.JPG P1160683.JPG
69
Saint Anthony Village Lowry Grove Redevelopment TIF District
Photos: Parcel B Building 1, 2501 Lowry Avenue NE, Laundromat and Shower
Page 3 of 3
P1160684.JPG P1160685.JPG P1160687.JPG
P1160688.JPG P1160689.JPG P1160690.JPG
P1160691.JPG
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Saint Anthony Village Lowry Grove Redevelopment TIF District
Replacement Cost Report
Square Foot Cost Estimate Report Date:11/22/2017
Lowry Park Office and Barber Shop
City of St Anthony
2501 Lowry Ave NE , St Anthony , Minnesota ,
55418
Building Type:
Commercial Building with Face Brick / Wood
Frame
Location:ST ANTHONY, MN
Story Count:1
Story Height (L.F.):12
Floor Area (S.F.):1400
Labor Type:OPN
Basement Included:Yes
Data Release:Year 2018
Cost Per Square Foot:$263.27
Building Cost:$368,598.46
% of Total Cost Per S.F. Cost
29.19% 69.86 97,803.58
A1010 Standard Foundations 14.98 20,966.69
7.29 10,206.15
7.69 10,760.54
A1030 Slab on Grade 5.57 7,800.30
5.57 7,800.30
A2010 Basement Excavation 3.79 5,312.47
3.79 5,312.47
A2020 Basement Walls 45.52 63,724.12
45.52 63,724.12
26.28% 62.90 88,064.18
B1010 Floor Construction 4.51 6,314.00
0.54 756.00
3.97 5,558.00
B1020 Roof Construction 3.87 5,424.16
3.87 5,424.16
B2010 Exterior Walls 45.17 63,235.02
45.17 63,235.02
B2020 Exterior Windows 2.14 2,996.36
2.14 2,996.36
B2030 Exterior Doors 3.21 4,494.64
2.02 2,821.98
Floor, wood joist, 2 x 10 @16" O.C., 1/2" CDX subfloor
Wood roof, flat rafter, 2" x 10", 16" O.C.
Brick veneer wall, standard face, 2x6 studs @ 16" back‐up, running bond
Windows, aluminum, awning, insulated glass, 4'‐5" x 5'‐3"
Door, aluminum & glass, without transom, wide stile, double door, hardware,
6'‐0" x 7'‐0" opening
Wood column, 6" x 6", 10' x 15' bay, 8' unsupported height, 160 BF/MSF, 230
PSF total allowable load
Estimate Name:
Costs are derived from a building model with basic components.
Scope differences and market conditions can cause costs to vary significantly.
A Substructure
Strip footing, concrete, reinforced, load 11.1 KLF, soil bearing capacity 6 KSF,
12" deep x 24" wide
Spread footings, 3000 PSI concrete, load 100K, soil bearing capacity 6 KSF, 4' ‐
6" square x 15" deep
Slab on grade, 4" thick, non industrial, reinforced
Excavate and fill, 10,000 SF, 8' deep, sand, gravel, or common earth, on site
storage
Foundation wall, CIP, 12' wall height, pumped, .444 CY/LF, 21.59 PLF, 12"
thick
B Shell
Saint Anthony Village Lowry Grove Redevelopment TIF District
LHB Project No. 170752 Page 1 of 3
Replacement Cost Report
Parcel B Building 2, Park Office and Barbershop
71
1.19 1,672.66
B3010 Roof Coverings 4.00 5,600.00
4.00 5,600.00
5.95% 14.23 19,923.00
C1010 Partitions 5.20 7,282.54
0.83 1,160.21
4.37 6,122.33
C1020 Interior Doors 1.29 1,804.26
0.66 917.26
0.63 887.00
C3010 Wall Finishes 0.41 580.53
0.41 580.53
C3020 Floor Finishes 3.03 4,239.14
3.03 4,239.14
C3030 Ceiling Finishes 4.30 6,016.53
4.30 6,016.53
38.59% 92.35 129,298.75
D1010 Elevators and Lifts 49.82 69,752.00
49.82 69,752.00
D2010 Plumbing Fixtures 3.90 5,465.07
1.22 1,706.81
1.16 1,626.00
1.52 2,132.26
D2020 Domestic Water Distribution 1.68 2,349.15
1.68 2,349.15
D3050 Terminal & Package Units 7.13 9,981.73
7.13 9,981.73
D4010 Sprinklers 4.70 6,579.31
4.70 6,579.31
D4020 Standpipes 6.38 8,935.68
6.38 8,935.68
D5010 Electrical Service/Distribution 2.98 4,176.49
0.68 955.15
0.56 782.15
1.74 2,439.19
D5020 Lighting and Branch Wiring 10.17 14,238.06
1.72 2,410.13
0.27 377.33
0.57 796.71
7.61 10,653.89
D5030 Communications and Security 5.59 7,821.26
Overhead service installation, includes breakers, metering, 20' conduit &
wire, 3 phase, 4 wire, 120/208 V, 200 A
Feeder installation 600 V, including RGS conduit and XHHW wire, 200 A
Switchgear installation, incl switchboard, panels & circuit breaker, 120/208
V, 3 phase, 400 A
Receptacles incl plate, box, conduit, wire, 2.5 per 1000 SF, .3 watts per SF
Miscellaneous power, 1 watt
Central air conditioning power, 4 watts
Fluorescent fixtures recess mounted in ceiling, 2.4 watt per SF, 60 FC, 15
fixtures @ 32 watt per 1000 SF
Wet standpipe risers, class III, steel, black, sch 40, 4" diam pipe, 1 floor
Painting, interior on plaster and drywall, brushwork, primer & 2 coats
Vinyl, composition tile, maximum
Acoustic ceilings, 5/8" fiberglass board, 24" x 48" tile, tee grid, suspended
support
D Services
Hydraulic, passenger elevator, 1500 lb, 2 floors, 100 FPM
Water closet, vitreous china, tank type, 2 piece close coupled
Lavatory w/trim, vanity top, PE on CI, 18" round
Service sink w/trim, PE on CI,wall hung w/rim guard, 22" x 18"
Gas fired water heater, residential, 100< F rise, 30 gal tank, 32 GPH
Rooftop, single zone, air conditioner, food supermarkets, 5,000 SF, 14.17 ton
Wet pipe sprinkler systems, steel, light hazard, 1 floor, 5000 SF
Door, double leaf, kd steel frame, hollow metal, commercial quality, B label,
2 ‐ 3'‐0" x 7'‐0" x 1‐3/8"
Door, birch, solid core, single door, hinged, 3'‐0" x 7'‐0" opening
Roofing, asphalt flood coat, gravel, coated glass base sheet, 4 plies glass
(type IV), mopped
C Interiors
Wood partition, 5/8"fire rated gypsum board face, none base,2 x 4,@ 16" OC
framing,same opposite face, 0 insul
5/8" gypsum board, taped & finished, painted on 2 x 4 studs 16" O.C.
Door, single leaf, kd steel frame, hollow metal, commercial quality, flush, 3'‐
0" x 7'‐0" x 1‐3/8"
Saint Anthony Village Lowry Grove Redevelopment TIF District
LHB Project No. 170752 Page 2 of 3
Replacement Cost Report
Parcel B Building 2, Park Office and Barbershop
72
1.24 1,742.56
4.34 6,078.70
0% 0 0
E1090 Other Equipment 0 0
0%0 0
0%0 0
100% $239.34 $335,089.51
10.00% $23.93 $33,508.95
0.00% $0.00 $0.00
0.00% $0.00 $0.00
$263.27 $368,598.46
SubTotal
Contractor Fees (General Conditions,Overhead,Profit)
Architectural Fees
User Fees
Total Building Cost
G Building Sitework
Communication and alarm systems, fire detection, addressable, 25 detectors,
includes outlets, boxes, conduit and wire
Fire alarm command center, addressable without voice, excl. wire & conduit
E Equipment & Furnishings
F Special Construction
Saint Anthony Village Lowry Grove Redevelopment TIF District
LHB Project No. 170752 Page 3 of 3
Replacement Cost Report
Parcel B Building 2, Park Office and Barbershop
73
Saint Anthony Village Lowry Grove Redevelopment TIF District
Code Deficiency Cost Report
Parcel B Building 2
2501 Lowry Ave NE St Anthony, MN 55418 - Park Office and Barber Shop
Code Related Cost Items Unit Cost Units
Unit
Quantity Total
Accessibility Items
Thresholds
Modify thresholds to comply with ADA code for minimum height 1,000.00$ EA 4 4,000.00$
Glass Doors
Install code compliant 10-inch kick plates on glass doors 100.00$ EA 3 300.00$
Route Into Building
Create code required accessible route into building 1,000.00$ EA 1 1,000.00$
Accessibility Between Levels
Create code required accessible between levels 49.82$ SF 1400 69,748.00$
Restroom
Install code compliant hardware on restroom sink 250.00$ EA 1 250.00$
Door Hardware
Install code compliant door hardware 250.00$ EA 5 1,250.00$
Handrails
Install code required handrails on basement stairway 100.00$ EA 2 200.00$
Structural Elements
-$
Exiting
Carpeting
Replace carpeting to create an unimpeded means of egress per
code 3.03$ SF 1400 4,242.00$
Exterior Metal Stairway
Modify exterior metal stairway to comply with code 500.00$ Lump 1 500.00$
Fire Protection
Smoke Detectors
Install code required smoke detectors 1.24$ SF 1400 1,736.00$
Emergency Lighting
Install code required emergency lighting 175.00$ EA 4 700.00$
Emergency Notification System
Install code required emergency notification system 4.34$ SF 1400 6,076.00$
Building Sprinkler system
Install code required building sprinkler system 11.08$ SF 1400 15,512.00$
Saint Anthony Village Lowry Grove Redevelopment TIF District
LHB Project No. 170752 Page 1 of 2
Code Deficiency Cost Report
Parcel B Building 2, Park Office and Barbershop
74
Code Related Cost Items Unit Cost Units
Unit
Quantity Total
Exterior Construction
Windows
Replace windows to prevent water intrusion per code 2.14$ SF 1400 2,996.00$
Roof Construction
Roofing Material
Remove damaged roofing material 1.00$ SF 1400 1,400.00$
Install roofing material to prevent water intrusion per code 4.00$ SF 1400 5,600.00$
Mechanical- Electrical
Mechanical
Install code compliant HVAC system 7.13$ SF 1400 9,982.00$
Electrical
Install code compliant commercial electrical wiring 1.72$ SF 1400 2,408.00$
Total Code Improvements 127,900$
Saint Anthony Village Lowry Grove Redevelopment TIF District
LHB Project No. 170752 Page 2 of 2
Code Deficiency Cost Report
Parcel B Building 2, Park Office and Barbershop
75
Saint Anthony Village Lowry Grove Redevelopment TIF District
Photos: Parcel B Building 2, 2501 Lowry Avenue NE, Park Offi ce and Barbershop
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Photos: Parcel B Building 2, 2501 Lowry Avenue NE, Park Offi ce and Barbershop
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Saint Anthony Village Lowry Grove Redevelopment TIF District
Replacement Cost Report
Square Foot Cost Estimate Report Date:11/11/2017
Lowry Duplex
City of St. Anthony
2501 Lowry Ave NE , St Anthony , Minnesota ,
55418
Building Type:
Economy 1 Story with Vinyl Siding ‐ Wood
Frame
Location:ST ANTHONY, MN
Story Count:1
Story Height (L.F.):8
Floor Area (S.F.):1200
Labor Type:RES
Basement Included:No
Data Release:Year 2018
Cost Per Square Foot:$133.64
Building Cost:$160,415.04
% of Total Cost Per S.F. Cost
1.97% 2.40 2,877.34
2.40 2,877.34
19.88% 24.16 28,997.18
2.62 3,148.33
9.23 11,077.09
8.08 9,692.45
4.23 5,079.31
14.00% 17.01 20,415.62
1.94 2,333.30
0.39 465.53
0.30 357.00
0.41 492.83
4.33 5,201.70
7.01 8,414.59
2.63 3,150.67
14.17% 17.21 20,658.34
5.68 6,820.21
0.71 848.39
1.55 1,858.61
6.19 7,426.88
2.37 2,846.29
0.71 857.96
4.34% 5.27 6,325.32
5.27 6,325.32
23.04% 27.99 33,592.41
2.86 3,435.04
Footing excavation, building, 26' x 46', 4' deep
Estimate Name:
Costs are derived from a building model with basic components.
Scope differences and market conditions can cause costs to vary significantly.
01 Site Work
Truss roof framing systems, 24" OC, 4/12 pitch, 1' overhang, 26' span
02 Foundation
Footing systems, 10" thick by 20" wide footing
Block wall systems, 8" wall, grouted, full height
Block wall systems, 8" wall, grouted, full height
Floor slab systems, 4" thick slab
03 Framing
Floor framing, wood joists, #2 or better, pine, 2" x 8", 16" OC
Floor framing, bridging, wood 1" x 3", joists 16" OC
Box sills, #2 or better pine, 2" x 8"
Exterior wall framing systems, 2" x 4", 16" OC
Exterior wall framing systems, 2" x 4", 16" OC
Wall system, 1/2" drywall, taped & finished
Partition framing systems, 2" x 4", 16" OC
04 Exterior Walls
Metal & plastic siding systems, vinyl clapboard siding, 8" wide, white
Non‐rigid insul, batts, fbgls, kraft faced, 3‐1/2" thick, R13, 15" W
Non‐rigid insul, batts, fbgls, kraft faced, 12" thick, R38, 23" wide
Sliding window systems, builder's quality wood window, 3' x 2'
Door systems, solid core birch, flush, 3' x 6'‐8"
Storm door, al, combination, storm & screen, anodized, 3'‐0" x 6'‐8"
05 Roofing
Gable end roofing, asphalt, roof shingles, class A
06 Interiors
Saint Anthony Village Lowry Grove Redevelopment TIF District
LHB Project No. 170752 Page 1 of 2
Replacement Cost Report
Parcel B Building 3, Duplex
81
7.62 9,145.23
2.66 3,192.26
6.61 7,937.63
2.02 2,420.76
0.75 896.53
2.08 2,494.32
1.35 1,614.34
1.06 1,274.35
0.98 1,181.95
3.98% 4.83 5,802.26
2.30 2,755.70
1.39 1,673.22
1.14 1,373.34
3.32% 4.03 4,843.75
3.93 4,720.29
0.10 123.46
3.08% 3.74 4,495.64
1.00 1,199.67
0.32 389.05
1.91 2,291.10
0.51 615.82
12.22% 14.85 17,823.99
1.60 1,920.00
2.30 2,755.70
3.93 4,720.29
1.50 1,804.00
5.52 6,624.00
100% $121.49 $145,831.85
10.00% $12.15 $14,583.19
0.00% $0.00 $0.00
0.00% $0.00 $0.00
$133.64 $160,415.04
Sinks, stainless steel, single bowl 16" x 20"
Wall system, 1/2" drywall, taped & finished
1/2" gypsum wallboard, taped & finished ceilings
Lauan, flush door, hollow core, interior
Carpet, Olefin, 15 oz
Padding, sponge rubber cushion, minimum
Underlayment plywood, 1/2" thick
Resilient flooring, vinyl sheet goods, backed, .070" thick, minimum
Resilient flooring, sleepers, treated, 16" OC, 1" x 3"
Basement stairs, open risers
07 Specialties
Kitchen, economy grade
1.00‐Additional bath adjustment
Water heater, electric, 30 gallon
08 Mechanical
Three fixture bathroom with wall hung lavatory
Thermostat, manual, 1 set back
09 Electrical
100 amp electric service
Duplex receptacles using non‐metallic sheathed cable
Wiring device systems, economy to 1200 S.F.
Light fixture systems, economy to 1200 S.F.
1200‐Heating systems, hot water
1.00‐Additional kitchen adjustment
10 Additional systems
User Fees
Total Building Cost
1.00‐Additional entry & exit adjustment
1.00‐Fireplace & chimney
SubTotal
Contractor Fees (General Conditions,Overhead,Profit)
Architectural Fees
Saint Anthony Village Lowry Grove Redevelopment TIF District
LHB Project No. 170752 Page 2 of 2
Replacement Cost Report
Parcel B Building 3, Duplex
82
Saint Anthony Village Lowry Grove Redevelopment TIF District
Code Deficiency Cost Report
Parcel B Building 3
2551/2553 2551-2553 Stinson BLVD NE, St Anthony, MN - Duplex
Code Related Cost Items Unit Cost Units
Unit
Quantity Total
Accessibility Items
Basement Floor to Ceiling Height
Modify floor to ceiling height in basement to comply with code 20.00$ SF 1200 24,000.00$
Structural Elements
Foundation Walls
Repair damaged/cracked foundation walls to prevent water
intrusion per code 750.00$ Lump 1 750.00$
Exiting
Basement Stairs and Stairway
Modify stair rise and run to comply with code 100.00$ EA 13 1,300.00$
Modify stairway width to comply with code 2,500.00$ Lump 1 2,500.00$
Fire Protection
Smoke Detectors
Install code required smoke detectors 125.00$ SF 7 875.00$
Carbon Monoxide Detectors
Install code required carbon monoxide detectors 125.00$ EA 3 375.00$
Arc Fault Circuit Interrupters
Install code required AFCI's in living areas 75.00$ EA 8 600.00$
Exterior Construction
Exterior Vegetation
Remove excessive exterior vegetation around building to comply
with code 500.00$ Lump 1 500.00$
Vinyl Siding
Repair/replace damaged vinyl siding to prevent water intrusion
per code 250.00$ Lump 1 250.00$
Chimney Brick
Repair chimney brick to prevent water intrusion per code 1,500.00$ Lump 1 1,500.00$
Roof Construction
Roofing Material
Remove roofing material 0.75$ SF 1200 900.00$
Properly install roofing material to comply with code 5.27$ SF 1200 6,324.00$
Mechanical- Electrical
Mechanical
Replace HVAC system to comply with code 1.60$ SF 1200 1,920.00$
Saint Anthony Village Lowry Grove Redevelopment TIF District
LHB Project No. 170752 Page 1 of 2
Code Deficiency Cost Report
Parcel B Building 3, Duplex
83
Code Related Cost Items Unit Cost Units
Unit
Quantity Total
Electrical
Protect all exposed electrical wiring per code 125.00$ EA 2 250.00$
Replace all electrical wiring and install properly spaced outlets to
comply with code 2.74$ SF 1200 3,288.00$
Total Code Improvements 45,332$
Saint Anthony Village Lowry Grove Redevelopment TIF District
LHB Project No. 170752 Page 2 of 2
Code Deficiency Cost Report
Parcel B Building 3, Duplex
84
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Photos: Parcel B Building 3, 2551/2553 Stinson Boulevard NE, Duplex
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CITY OF ST. ANTHONY
HENNEPIN COUNTY
STATE OF MINNESOTA
Council member ______________________ introduced the following resolution and moved its adoption:
RESOLUTION 21-025
RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT
PROGRAM FOR REDEVELOPMENT PROJECT AREA NO. 3; AND
ESTABLISHING THE LOWRY GROVE TIF DISTRICT THEREIN AND
ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR
BE IT RESOLVED by the City Council (the “Council”) of the City of St. Anthony, Minnesota
(the “City”), as follows:
Section 1. Recitals.
1.01. The Council has heretofore established Redevelopment Project Area No. 3 (the “Project
Area”) and adopted the Development Program therefor. It has been proposed by the City and
recommended by the St. Anthony Housing & Redevelopment Authority (the “Authority”) that the City
adopt a Modification to the Development Program (the “Development Program Modification”) for the
Project Area and establish the Lowry Grove TIF District (the “District”) therein and adopt a Tax
Increment Financing Plan (the “TIF Plan”) therefor (the Development Program Modification and the TIF
Plan are referred to collectively herein as the “Program and Plan”); all pursuant to and in conformity with
applicable law, including Minnesota Statutes, Sections 469.001 to 469.047 and Sections 469.174 to
469.1794, all inclusive, as amended, (the “Act”) all as reflected in the Program and Plan, and presented
for the Council’s consideration.
1.02. The City has investigated the facts relating to the Program and Plan and has caused the
Program and Plan to be prepared.
1.03. The City has performed all actions required by law to be performed prior to the
establishment of the District and the adoption and approval of the proposed Program and Plan, including,
but not limited to, (i) providing the proposed TIF Plan and the information on the fiscal and economic
implications of the plan to the county auditor and the clerk of the school district board at least 30 days
before a public hearing to be held by the City on the Program Modification and TIF Plan and (ii)
publishing notice of the public hearing as required by the Act.
1.04. Certain written reports (the “Reports”) relating to the Program and Plan and to the
activities contemplated therein have heretofore been prepared by staff and consultants and submitted to
the Council and/or made a part of the City files and proceedings on the Program and Plan. The Reports
include data, information and/or substantiation constituting or relating to the basis for the other findings
and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports,
which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set
forth in full herein.
91
1.05. The City is not modifying the boundaries of the Project Area, but is however, modifying
the Development Program therefor.
1.06. Pursuant to a resolution adopted on March 23, 2021, the Authority approved the Program
and Plan and recommended that the City approve the Program and Plan.
Section 2. Findings for the Adoption and Approval of the Development Program Modification.
2.01. The Council approves the Development Program Modification, and specifically finds
that: (a) the land within the Project area would not be available for redevelopment without the financial
aid to be sought under the Development Program; (b) the Development Program, as modified, will afford
maximum opportunity, consistent with the needs of the City as a whole, for the development of the
Project by private enterprise; and (c) that the Development Program, as modified, conforms to the general
plan for the development of the City as a whole.
Section 3. Findings for the Establishment of Lowry Grove TIF District.
3.01. The Council hereby finds that the District is in the public interest and is a “redevelopment
district” under Minnesota Statutes, Section 469.174, Subd. 10 of the Act.
3.02. The Council further finds that the proposed development would not occur solely through
private investment within the reasonably foreseeable future and that the increased market value of the site
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 development after subtracting the
present value of the projected tax increments for the maximum duration of the District permitted by the
Tax Increment Financing Plan, that the Program and Plan conform to the general plan for the
development or redevelopment of the City as a whole; and that the Program and Plan will afford
maximum opportunity consistent with the sound needs of the City as a whole, for the redevelopment or
development of the District by private enterprise.
3.03. The Council further finds, declares and determines that the City made the above findings
stated in this Section and has set forth the reasons and supporting facts for each determination in writing,
attached hereto as Exhibit A (and also included in the TIF Plan).
Section 4. Public Purpose.
4.01. The adoption of the Program and Plan conforms in all respects to the requirements of the
Act and will result in increased employment in the City and the State of Minnesota, will result in
preservation and enhancement of the tax base of the State, and will result in the redevelopment of
substandard properties and thereby serves a public purpose. For the reasons described in Exhibit A, the
City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan.
A private developer will receive only the assistance needed to make the development financially feasible.
As such, any private benefits received by a developer are incidental and do not outweigh the primary
public benefits.
92
Section 5. Approval and Adoption of the Program and Plan.
5.01. The Program and Plan, as presented to the Council on this date, including without
limitation the findings and statements of objectives contained therein, are hereby approved, ratified,
established, and adopted and shall be placed on file in the office of the City Manager.
5.02. The staff of the City, the City’s advisors and legal counsel are authorized and directed to
proceed with the implementation of the Program and Plan and to negotiate, draft, prepare and present to
this Council for its consideration all further plans, resolutions, documents and contracts necessary for this
purpose.
5.03 The Auditor of Hennepin County is requested to certify the original net tax capacity of
the District, as described in the Program and Plan, and to certify in each year thereafter the amount by
which the original net tax capacity has increased or decreased; and the City of St. Anthony is authorized
and directed to forthwith transmit this request to the County Auditor in such form and content as the
Auditor may specify, together with a list of all properties within the District, for which building permits
have been issued during the 18 months immediately preceding the adoption of this resolution.
5.04. The City Recorder is further authorized and directed to file a copy of the Program and
Plan with the Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota
Statutes 469.175, Subd. 4a.
The motion for the adoption of the foregoing resolution was duly seconded by Council member
_________________, and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Dated: March 23, 2021
Randy Stille, Mayor
ATTEST:
Nicole Miller, City Clerk
Reviewed for administration:
Charlie Yunker, City Manager
EXHIBIT A
93
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Lowry
Grove TIF District (the “District”) as required pursuant to M.S., Section 469.175, Subd. 3 are as follows:
1. Finding that the District is a redevelopment district as defined in M.S., Section 469.174, Subd. 10(a).
The District consists of two parcels and vacant right-of-way, with plans to redevelop the area
for the construction of approximately 489 units of apartments, of which Phase I will consist of a
135-unit senior apartment with independent living, assisted living and memory care units. Phase
II will consist of approximately 129 units of senior assisted living and Phase III will consist of
approximately 225 units of market rate apartments. 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 in the District, not including
outbuildings, are structurally substandard to a degree requiring substantial renovation or
clearance. (See Appendix D of the TIF Plan.)
2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be
expected to occur solely through private investment within the reasonably foreseeable future and that
the increased market value of the site 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 development after subtracting the present value of the projected tax increments for the
maximum duration of the District permitted by the TIF Plan.
The proposed development, in the opinion of the City, would not reasonably be expected to
occur solely through private investment within the reasonably foreseeable future:
This finding is supported by the fact that the redevelopment proposed in the TIF Plan meets the
City's objectives for redevelopment. Due to the high cost of redevelopment on the parcels
currently occupied by substandard buildings, lack of adequate/updated utilities, environmental
remediation costs and the cost of financing the proposed improvements, this project is feasible
only through assistance, in part, from tax increment financing. The City has reviewed several
development proposals for the area and all of them have requested TIF for the development.
The developer for Phase I was asked for and provided a letter and a pro forma as justification
that the developer would not have gone forward without tax increment assistance.
The increased market value of the site that could reasonably be expected to occur without the
use of tax increment financing would be less than the increase in market value estimated to
result from the proposed development after subtracting the present value of the projected tax
increments for the maximum duration of the District permitted by the TIF Plan:
This finding is justified on the grounds that the cost of land acquisition, demolition,
environmental remediation, site and public improvements and utilities add to the total
redevelopment cost. Historically, construction costs, site and public improvements costs in this
area have made redevelopment infeasible without tax increment assistance. The City reasonably
determines that no other redevelopment of similar scope is anticipated on this site without
substantially similar assistance being provided to the development.
Therefore, the City concludes as follows:
(a) The City's estimate of the amount by which the market value of the entire District will
increase without the use of tax increment financing is $0.
(b) If the proposed development occurs, the total increase in market value will be $80,666,000.
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(c) The present value of tax increments from the District for the maximum duration of the
district permitted by the TIF Plan is estimated to be $28,242,769.
(d) Even if some development other than the proposed development were to occur, the Council
finds that no alternative would occur that would produce a market value increase greater
than $52,423,231 (the amount in clause b less the amount in clause b without tax increment
assistance.
3. Finding that the TIF Plan for the District conforms to the general plan for the development or
redevelopment of the municipality as a whole.
The City Council reviewed the TIF Plan and found that the TIF Plan conforms to the general
development plan of the City.
4. Finding that the Tax Increment Financing Plan for the District will afford maximum opportunity,
consistent with the sound needs of the City as a whole, for the development of Redevelopment Project
Area No. 3 by private enterprise.
The project to be assisted by the District will result in increased employment in the City and the
State of Minnesota, the redevelopment of substandard properties, increased tax base of the
State, add a high-quality development to the City and increase the availability of safe and decent
life-cycle housing in the City.
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NOTICE OF PUBLIC HEARING
City of St. Anthony
Hennepin County
STATE OF MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of St. Anthony (the "City"),
Hennepin County, State of Minnesota, will hold a public hearing on March 23, 2021 beginning at
approximately 7:00 PM, at the City Council Chambers located at 3301 Silver Lake Road, City of
St. Anthony, Minnesota, relating to the City’s proposed adoption of a Modification to the
Redevelopment Plan (the “Modification” for Redevelopment Project Area No. 3 (the
“Development District”), the proposed the establishment of Lowry Grove (a Redevelopment tax
increment financing district) (the “TIF District”) within the Development District, and the proposed
adoption of a Tax Increment Financing Plan (the "TIF Plan") therefor (collectively, the
“Modification and Plan”), pursuant to Minnesota Statutes, 469.124 to 469.133 and Sections
469.174 to 469.1794, all inclusive, as amended. Copies of the Modification and Plan are on file
and available for public inspection at the office of the City Manager at City Hall.
The property to be included in the TIF District is located within the Development District
and the City. A map of the Development District and the TIF District therein is set forth below.
Subject to certain limitations, tax increment from the TIF District may be spent on eligible uses
within the boundaries of the Development District.
[INSERT MAP of the Development District and the TIF District]
All interested persons may appear at the hearing and present their views orally or prior to the
meeting in writing.
BY ORDER OF THE CITY COUNCIL OF
THE CITY OF ST. ANTHONY, MINNESOTA
/s/
City Clerk
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Parcels
Lowry TIF District
Redevelopment Project Area No. 3
Legend
Lowry Grove
Tax Increment Financing District
December 30, 2020
Prepared by Ehlers & Associates
97
CITY OF ST. ANTHONY
HENNEPIN COUNTY
STATE OF MINNESOTA
Councilmember ________________ introduced the following resolution and moved its adoption:
RESOLUTION 21-026
RESOLUTION AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF
CERTAIN COSTS IN CONNECTION WITH THE LOWRY GROVE TIF DISTRICT.
BE IT RESOLVED by the City Council (the “Council”) of the City of St. Anthony, Minnesota (the
“City”), as follows:
Section 1. Background.
1.01. The City has approved the establishment of The Lowry Grove TIF District (the “TIF District”)
within Redevelopment Project Area No. 3 (the “Project Area”), and has adopted a Tax Increment Financing Plan
(the “TIF Plan”) for the purpose of financing certain improvements within the Project Area.
1.02. The City has determined to pay for certain costs identified in the TIF Plan consisting of site
improvements/preparation, interest, and administrative costs (collectively, the “Qualified Costs”), which costs
may be financed on a temporary basis from City funds available for such purposes.
1.03. Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan
money from the City’s general fund or any other fund from which such advances may be legally authorized, in
order to finance the Qualified Costs.
1.04. The City intends to reimburse itself for the Qualified Costs from tax increments derived from the
TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the
“Interfund Loan”).
Section 2. Terms of Interfund Loan.
2.01. The City hereby authorizes the advance of up to $25,000 from any City fund or so much thereof
as may be paid as Qualified Costs. The City shall reimburse itself for such advances from Available Tax
Increment (defined below) together with interest at the rate of 4%, which does not exceed the greater of the rates
specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan is authorized.
Interest accrues on the principal amount from the date of each tranche.
2.02. Principal and interest (“Payments”) on the outstanding Interfund Loan balance shall be paid
annually on each December 31 (each a “Payment Date”), commencing on the first Payment Date on which the
City has Available Tax Increment (defined below), or on any other dates determined by the City Manager,
through the date of last receipt of tax increment from the TIF District.
2.03. Payments on this Interfund Loan are payable solely from “Available Tax Increment,” which shall
mean, on each Payment Date, tax increment available after other obligations have been paid, or as determined
by the City Manager, generated in the preceding twelve (12) months with respect to the property within the TIF
District and remitted to the City by Hennepin County, all in accordance with Minnesota Statutes, Sections
469.174 to 469.1794, all inclusive, as amended. Payments on this Interfund Loan may be subordinated to any
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outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and
are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax
Increment.
2.04. The principal sum and all accrued interest payable under this Interfund Loan are pre-payable in
whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the
amount or timing of any other regular payment otherwise required to be made under this Interfund Loan.
2.05. This Interfund Loan is evidence of an internal borrowing by the City in accordance with
Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax
Increment pledged to the payment hereof under this resolution. This Interfund Loan and the interest hereon
shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision
thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision
thereof shall be obligated to pay the principal of or interest on this Interfund Loan or other costs incident hereto
except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of
Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this
Interfund Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of
the Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date.
2.06. Before the latest decertification of any tax increment financing district from which the interfund
loan is to be repaid, the City may modify or amend the terms of this Interfund Loan, in writing, by resolution of
the City Council, including a determination to forgive the outstanding principal amount and accrued interest to
the extent permissible under law.
Section 3. Effective Date. This resolution is effective upon the date of its approval.
The motion for the adoption of the foregoing resolution was duly seconded by Council member
_________________, and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Dated: March 23, 2021
Randy Stille, Mayor
ATTEST:
Nicole Miller, City Clerk
Reviewed for administration:
Charlie Yunker, City Manager
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MEMORANDUM
TO: Charlie Yunker – City Manager and HRA Executive Director
FROM: Stacie Kvilvang - Ehlers
DATE: March 23, 2021
SUBJECT: TIF Agreement -Development 65
Overview:
In June and September of 2020, the City Council reviewed and discussed a request for public financial assistance from
Development 65 in connection to the Hayden Grove Senior Living project at a work session. They are constructing a 135-
unit senior rental facility consisting of independent living, assisted living and memory care units, of which 7 of the units
(5%) will be affordable to persons at or below 50% of the area median income (AMI).
Below are the terms of the TIF Agreement:
1. General
a. Redevelopment Agreement is between the City, HRA and SA Senior Living LLC for the
Development 65 Project
b.Developer has deposited $10,000 escrow with the City to pay for all legal and financial
consultant work in conjunction with sizing of the TIF note and preparation of the TIF
agreement. If $10,000 is not adequate, the developer is required to deposit additional funds
until all costs are paid in full.
2.Development and Timing of Construction
a.Construction of an approximately 135-unit senior care facility with independent living, assisted
living and memory care.
b.Must commence construction by July 31, 2021 and be completed by July 31, 2023
3.Declaration of Restrictive Covenants
a.The Developer will record a Declaration of Restrictive Covenants that will be in place for 15
years from date of Certificate of Occupancy that states:
(1)7 units (5%) will be affordable to persons at or below 50% AMI and the units will be mixed
withing studio or 1-bedroom independent living or assisted living;
(2)Rental rates are based upon the rents (inclusive of utilities) set by HUD on an annual
basis;
(3)Developer will annually report meeting the affordability requirement to the City;
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(4) Developer has to reimburse the City annually for its costs related to review of compliance
with the affordability restrictions; and
(5) TIF payments can be withheld in any given year if the Developer is not in compliance with
the affordability requirements.
b. Developer can’t transfer ownership of property without the Written consent of the City or HRA,
which will not be reasonable withheld.
4. Minimum Assessment Agreement (MAA)
a. Developer is required to file a MAA with the County which will be in place through the term of
the TIF Note as follows:
i. Value as of January 2, 2022 shall not be less than $10,800,000
ii. Value as of January 2, 2023 shall not be less than $21,600,000
5. Tax Increment
b. The City is creating the Lowry Grove TIF District on March 23, 2021
c. The Developer will receive a pay-as-you-go note in the amount of $2,350,000 after providing
proof of expenditures for qualified costs.
i. Qualified costs are as follows:
Demolition $63,610
Site Utilities $2,155,193
Roads & Walks (City Extension) $61,709
Soil correction $137,740
TOTAL $2,418,252
ii. Term of the TIF Note will be for 9 years
iii. Interest will be paid at the lesser of 4% or their actual financing rate
iv. Developer will receive 90% of the tax increment generated from their project
d. The Note will not be issued if there is an event of default and will only be issued after receipt
of a certificate of occupancy and the Declaration of Restrictive Covenants has been recorded
e. The developer has to inform the City/HRA if they petition for a reduction in their tax value. If
this occurs, the City/HRA will only pay out at the MAA amount until the petition is stipulated
or dismissed.
Please contact me at 651-697-8506 with any questions.
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DRAFT 3/16/2021
REDEVELOPMENT AGREEMENT
IN
REDEVELOPMENT PROJECT AREA NO. 3
AND
LOWRY GROVE TAX INCREMENT FINANCING DISTRICT
ST. ANTHONY,
RAMSEY COUNTY, MINNESOTA
By and Among
HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY,
CITY OF ST. ANTHONY, MINNESOTA
And
SA SENIOR LIVING LLC
for the
DEVELOPMENT 65 PROJECT
________________________
Dated as of [Month] 1, 2021
________________________
This Document Was Drafted By:
DORSEY & WHITNEY LLP (GIT)
Suite 1500
50 South Sixth Street
Minneapolis, Minnesota 55402
103
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS ............................................................................................................2
Definitions................................................................................................................2
ARTICLE 2 REPRESENTATIONS AND WARRANTIES ...........................................................4
HRA Representations...............................................................................................4
Developer Representations ......................................................................................5
Use, Ownership of Development Property; Restrictions; Use of
Development Property .............................................................................................6
Ownership of Development Property ......................................................................6
Declaration of Restrictive Covenants ......................................................................6
Damage or Destruction ............................................................................................6
Relocation Costs ......................................................................................................6
Assessment Agreement ............................................................................................6
Affordability. ...........................................................................................................6
ARTICLE 3 CONSTRUCTION OF PROJECT ..............................................................................9
Reserved. ..................................................................................................................9
Restrictions on Development; Conditions of City/HRA Approval. ........................9
Construction Plans ...................................................................................................9
Undertaking of Project .............................................................................................9
Certificate of Occupancy; Certificate of Completion ............................................10
Progress Reports ....................................................................................................10
Access to Development Property ...........................................................................10
Modification; Subordination ..................................................................................10
ARTICLE 4 DEFENSE OF CLAIMS; INSURANCE ..................................................................11
Defense of Claims ..................................................................................................11
Insurance ................................................................................................................12
ARTICLE 5 PUBLIC ASSISTANCE ...........................................................................................13
Development Costs ................................................................................................13
Reimbursement for Qualified Costs.......................................................................13
Conditions Precedent to Provision of Public Assistance. ......................................14
Satisfaction of Conditions Precedent .....................................................................14
Notice of Default....................................................................................................15
Real Property Taxes ...............................................................................................15
ARTICLE 6 PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER ..........................16
Transfer of Property and Assignment ....................................................................16
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Termination of Limitations on Transfer ................................................................17
ARTICLE 7 EVENT OF DEFAULT; FEES .................................................................................17
Events of Default ...................................................................................................17
City and Authority Events of Default ....................................................................18
Cure Rights ............................................................................................................18
Remedies on Default ..............................................................................................18
No Remedy Exclusive............................................................................................19
Waivers ..................................................................................................................19
Agreement to Pay Attorneys’ Fees ........................................................................19
ARTICLE 8 GENERAL PROVISIONS .......................................................................................20
Conflicts of Interest; HRA and City Representatives Not Individually
Liable .....................................................................................................................20
Equal Employment Opportunity ............................................................................20
Restrictions on Use ................................................................................................20
Titles of Articles and Sections ...............................................................................20
Business Subsidies Act ..........................................................................................20
Term of Agreement ................................................................................................20
Provisions Surviving Termination .........................................................................21
ARTICLE 9 ADMINISTRATIVE PROVISIONS ........................................................................21
Notices and Demands ............................................................................................21
Counterparts ...........................................................................................................22
Binding Effect ........................................................................................................22
Severability ............................................................................................................22
Amendments, Changes and Modifications ............................................................22
Further Assurances and Corrective Instruments ....................................................22
Captions .................................................................................................................22
Applicable Law ......................................................................................................22
Limited Liability ....................................................................................................22
Estoppel Certificates ..............................................................................................23
EXHIBIT A DEVELOPMENT PROPERTY
EXHIBIT B COVENANTS AND RESTRICTIONS
EXHIBIT C PROJECT DESCRIPTION; QUALIFIED COSTS
EXHIBIT D CERTIFICATE OF COMPLETION
EXHIBIT E FORM OF ASSESSMENT AGREEMENT
EXHIBIT F FORM OF LIMITED TAX INCREMENT REVENUE NOTE
EXHIBIT G FORM OF DECLARATION OF COVENANTS AND RESTRICTIONS
(Affordable Housing)
105
REDEVELOPMENT AGREEMENT
THIS Redevelopment Agreement (this “Agreement”), made and entered into as of this 1st
day of [Month], 2021, by and among the HOUSING AND REDEVELOPMENT AUTHORITY
OF ST. ANTHONY, a public body corporate and politic organized and existing under the laws
of the State of Minnesota (the “HRA”), the CITY OF ST. ANTHONY, a Minnesota statutory city
(the “City”), and SA SENIOR LIVING LLC, a Minnesota limited liability company (the
“Developer”).
WITNESSETH:
WHEREAS, the City and the HRA have established Redevelopment Project Area No. 3
(the “Redevelopment District”) pursuant to the Redevelopment Plan for the Redevelopment
District, as modified (as so modified the “Redevelopment Plan”);
WHEREAS, the Developer is proposing to construct a 135-unit senior care facility with
independent living, assisted living and memory care (the “Project”) in the Redevelopment District;
WHEREAS, under M.S., Sections 469.174 through 469.1794 (the “TIF Act”), the HRA is
authorized to finance certain public redevelopment costs of a redevelopment project with tax
increment revenues derived from a tax increment financing district established within a
redevelopment project area;
WHEREAS, the City and the HRA have held public hearings to consider the adoption of a
tax increment financing plan and the creation and establishment of a tax increment financing
district pursuant to the TIF Act and established Lowry Grove Tax Increment Financing District, a
“redevelopment district” (the “TIF District”) pursuant to M.S., Section 469.174, Subdivision 10,
and approved a Tax Increment Financing Plan therefor (the “TIF Plan”);
WHEREAS, in order to achieve the objectives of the Redevelopment Plan and the
TIF Plan, the HRA intends to provide assistance to the Developer through tax increment financing,
as described in the TIF Act to finance the Project;
WHEREAS, the HRA has determined that, in order to accomplish the purposes specified
in and to carry out the Redevelopment Plan and the TIF Plan, it is necessary and desirable for the
HRA to reimburse the Developer for certain costs to be incurred and paid by the Developer in
connection with the Project; and
WHEREAS, the City will apply tax increment revenues generated from the TIF District to
(i) pay or reimburse the City for administrative expenses relating to the TIF District to the extent
permitted by the TIF Act and (ii) reimburse the Developer, with interest, for certain costs incurred
in connection with the construction of the Project; and
WHEREAS, the HRA and the City believe that the development activities associated with
the Project pursuant to this Agreement are in the best interests of the City and benefit the health,
safety, morals and welfare of its residents, and comply with the applicable state and local laws and
requirements under which the Project has been undertaken and is being assisted.
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NOW, THEREFORE, in consideration of the foregoing premises and the mutual
obligations set forth in this Agreement, the parties hereto hereby agree as follows:
[The remainder of this page is intentionally left blank.]
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ARTICLE 1
Definitions
Definitions.
In this Agreement, unless a different meaning clearly appears from the context:
“Act” means M.S., Sections 469.001 through 469.047.
“AMI” means the Area Median Income for the Minneapolis-Saint Paul-Bloomington
Metropolitan Statistical Area (including adjustments for household size), as determined by the
U.S. Department of Housing and Urban Development.
“Affordable Housing Restrictive Covenant” has the meaning set forth in Section 2.09(c).
“Affordable Units” has the meaning set forth in Section 2.09(b)(i).
“Agreement” means this Agreement, as the same may be from time to time modified,
amended or supplemented.
“Assessment Agreement” means the Assessment Agreement between the City and the
Developer in the form set forth as Exhibit E hereto.
“Available Tax Increment” means 90 percent (90%) of the tax increment revenues
generated by the Project as computed pursuant to M.S., Section 469.177, as amended from time to
time.
“Business Subsidies Act” means M.S., Sections 116J.993 through 116J.995.
“Certificate of Completion” means a certification in the form attached hereto as Exhibit D,
to be provided to the Developer pursuant to this Agreement.
“City” means the City of St. Anthony, Minnesota, a Minnesota statutory city.
“City Council” means the City Council of the City.
“Construction Plans” means the plans, specifications, drawings and related documents for
the construction work to be performed by the Developer on the Development Property.
“County” means the County of Ramsey, Minnesota, a political subdivision of the State of
Minnesota.
“Cure Rights” means the rights to cure a Default as specified in Section 7.03 before such
Default is deemed to be an Event of Default.
“Default Notice” means written notice from the City to the Developer setting forth the
Event of Default and the action required to remedy the same.
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“Developer” means SA Senior Living LLC, a limited liability company under the laws of
the State of Minnesota.
“Development Property” or “Property” means the real property described in Exhibit A
attached hereto.
“Eligibility Certification” has the meaning set forth in Section 2.09(b)(iv).
“Event of Default” means as any of the events set forth in Section 7.01 hereof.
“HRA” means the Housing and Redevelopment Authority of St. Anthony, a public body
corporate and politic organized and existing under the laws of the State.
“Legal and Administrative Expenses” means the fees and expenses incurred by the City
or HRA in connection with review and analysis of the development proposed under this Agreement
with the adoption and administration of the TIF Plan and establishment of the TIF District, the
preparation of this Agreement and the issuance of the TIF Note including, but not limited to,
attorney and municipal advisor fees and expenses;
“Mortgage” means any mortgage made by the Developer which covers, in whole or in part,
the Development Property.
“Mortgagee” means the owner or holder of a Mortgage.
“M.S.” means Minnesota Statutes.
“Project” means the 135-unit senior care facility with independent living, assisted living
and memory care.
“Public Assistance” means the Available Tax Increment to be paid under Article 5 hereof.
“Qualified Costs” means costs incurred by Developer in connection with construction of
the Project that are reimbursable from tax increment pursuant to Sections 469.174, Subd. 10 and
469.1761 of the TIF Act, which are shown on Exhibit C to this Agreement. The total principal
amount of any and all tax increment notes issued to reimburse the Developer for Qualified Costs
of the Project will not exceed $2,350,000.
“Redevelopment District” means Redevelopment Project Area No. 3, designated pursuant
to the Act.
“Redevelopment Plan” means the Redevelopment Plan developed for the Redevelopment
District.
“Restrictions” means the easements, covenants, conditions and restrictions set forth in
Exhibit B attached hereto.
“Section” means a Section of this Agreement, unless used in reference to M.S..
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“State” means the State of Minnesota.
“Termination Date” means the earlier of (i) February 1, 2032, (ii) the date the TIF Note is
paid in full, (iii) the date on which the Tax Increment District expires or is otherwise terminated,
or (iv) the date this Agreement is terminated or rescinded in accordance with its terms;
“TIF Act” means M.S., Sections 469.174 through 469.1794, as amended.
“TIF District” means Lowry Grove Tax Increment Financing District, a redevelopment
district, established by the City Council.
“TIF Note” means the Tax Increment Revenue Note (SA Senior Living LLC) to be
executed by the HRA and delivered to the Developer pursuant to Article 5 hereof, the form of
which is attached hereto as Exhibit F.
“TIF Plan” means the Tax Increment Financing Plan for the Lowry Grove Tax Increment
Financing District approved by the City Council and HRA and adopted on March 23, 2021.
“Unavoidable Delay” means a failure or delay in a party’s performance of its obligations
under this Agreement, or during any cure period specified in this Agreement which does not entail
the mere payment of money, not within the party’s reasonable control, including but not limited to
acts of God, governmental agencies (including, without limitation Executive Orders and
compliance with CDC guidelines in response to the COVID pandemic or other health crisis), the
other party, strikes, labor disputes (except disputes which could be resolved by using union labor),
fire or other casualty, or lack of materials; provided that within ten (10) days after a party impaired
by the delay has knowledge of the delay it shall give the other party notice of the delay and the
estimated length of the delay, and shall give the other party notice of the actual length of the delay
within ten (10) days after the cause of the delay has ceased to exist. The parties shall pursue with
reasonable diligence the avoidance and removal of any such delay. Unavoidable Delay shall not
extend performance of any obligation unless the notices required in this definition are given as
herein required.
ARTICLE 2
Representations and Warranties
HRA Representations.
The HRA makes the following representations to the Developer:
(a) The HRA is a public body corporate and politic organized and existing under
the laws of the State. Under the provisions of the Act, the HRA has the power to enter into
this Agreement and carry out its obligations hereunder.
(b) The HRA has designated the Redevelopment District and has adopted the
Redevelopment Plan in accordance with the provisions of the Act and has created the TIF
District and adopted the TIF Plan in accordance with the provisions of the TIF Act.
110
Developer Representations.
The Developer represents and warrants that:
(a) The Developer is a Minnesota limited liability company and has power to enter
into this Agreement and has duly authorized, by all necessary corporate action, the
execution and delivery of this Agreement.
(b) Developer will, to the extent required by this Agreement, construct the Project
in accordance with the terms of this Agreement, the TIF Plan and all local, state and federal
laws and regulations.
(c) At such time or times as may be required by law, the Developer will have
complied with all local, state and federal environmental laws and regulations applicable to
the Project, and will have obtained any and all necessary environmental reviews, licenses
and clearances. The Developer has received no written notice or communication from any
local, state or federal official that the activities of the Developer or the HRA with respect
to the Development Property may be or will be in violation of any environmental law or
regulation. The Developer is aware of no facts the existence of which would cause it to be
in violation of any local, state or federal environmental law, regulation or review procedure
with respect to the Development Property.
(d) Neither the execution or delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented by, limited by, conflicts with, or results in a
breach of, any restriction, agreement or instrument to which the Developer is now a party
or by which the Developer is bound.
(e) The Developer has no knowledge or information that any member of the HRA,
City Council, or any other officer of the HRA or City has any direct or indirect financial
interest in the Developer, the Development Property, or the Project.
(f) The Developer will obtain, in a timely manner, all required permits, licenses
and approvals, and will meet, in a timely manner, all requirements of all local, state and
federal laws and regulations which must be obtained or met in connection with the Project.
Without limitation to the foregoing, the Developer will request and seek to obtain from the
HRA or the City all necessary variances, conditional use permits and zoning changes.
(g) The Developer would not undertake the Project without the financial assistance
to be provided by the City pursuant to this Agreement and the TIF Plan.
(h) Apart from the assistance to be provided under this Agreement, the Developer
shall pay all standard charges and fees due with respect to real estate developments and
allocable to the Development Property under City ordinances and the City Code, including
but not limited to special assessments for local improvements, sewer and water use charges,
building permit fees, plat fees, inspection fees, storm water fees and the like used against
the Development Property.
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Use, Ownership of Development Property; Restrictions; Use of Development
Property. The Developer’s use of the Development Property shall be subject to and in compliance
with all of the conditions, covenants, restrictions and limitations imposed by this Agreement, the
Restrictions, and all applicable laws, ordinances and regulations.
Ownership of Development Property. The Developer hereby represents and
warrants that prior to commencement of construction of the Project that Developer will be the
owner in fee simple of the Development Property and that there are no liens, defects or other
encumbrances upon title to the Development Property that would hinder the development of the
Development Property by the Developer as contemplated by this Agreement.
Declaration of Restrictive Covenants. The Developer shall prepare, execute, and
record on the title to the Development Property a Declaration of Restrictive Covenants, in form
approved by the City, which includes the Restrictions set forth in Exhibit B. If the Developer
determines that operation of the Development Property and the Project would endanger the
financial viability thereof or the Developer’s lender(s) requests reasonable modifications, the
Developer may request the HRA or City Council to consent to the amendment, modification or
termination of any of the restrictions in any respect. The HRA and the City are under no obligation
to amend, modify or terminate any of the restrictions and may, in their sole and absolute discretion,
refuse to do so.
Damage or Destruction. Subject to any mortgage requirements that would require
the Developer to act sooner, upon any damage or destruction of the Project, or any portion thereof,
by fire or other casualty, the Developer shall within one hundred twenty (120) days after such
damage or destruction, commence the process required to repair, reconstruct and restore the
damaged or destroyed Project, or portion thereof, to substantially the same condition or utility
value as existed prior to the event causing such damage or destruction and shall diligently pursue
such repair, reconstruction and restoration.
Relocation Costs. The Developer shall pay all relocation costs or expenses required
under federal or state law to be paid to any owner or occupant of the Development Property as a
result of the Project, and shall indemnify and hold harmless the HRA and the City, their governing
body members, officers, and agents including the independent contractors, consultants, and legal
counsel, servants and employees thereof from any such relocation costs and expenses in
accordance with the provisions of Section 4.01.
Assessment Agreement. The Assessment Agreement shall be executed by the
Developer and the HRA as of the date hereof, and the Developer shall cause the Assessment
Agreement and an executed Assessor’s Certificate attached as Exhibit C thereto to be recorded on
the title to the Development Property.
Affordability.
(a) The Development Property shall not be used for any purpose other than a senior
care facility with independent living, assisted living and memory care meeting the
requirements set forth in this Section 2.09, without the prior written approval of the City
and the HRA during the period commencing on the date hereof and until no earlier than
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the 15th anniversary of the date the certificate of completion is issued (the “Qualified
Project Period”).
(b) The covenants and restrictions set forth in this Section and contained in the
Affordable Housing Restrictive Covenant shall apply during the Qualified Project Period.
i. Affordable Units. Developer covenants that at least seven (7) units
or, five percent (5%) of the total units, within the Project (the
“Affordable Units”) will be studio or one-bedroom independent
living or assisted living units reserved for households who have a
combined gross annual income which does not exceed 50% of the
Area Median Income (“AMI”).
Any changes in the affordability levels of the Affordable Units or
the type of Affordable Units set forth herein shall require the prior
written approval of the City and the HRA, which such consent will
not be unreasonably conditioned, delayed, or withheld. For
avoidance of doubt, it will be deemed reasonable if the City or HRA
withholds its consent to any proposed change in affordability levels
or types of Affordable Units that do not comply with applicable law.
ii. Qualifying Tenants. Each Affordable Unit shall be leased to and
occupied (or held vacant and available for occupancy) for the
duration of the Qualified Project Period only by a household who,
at initial occupancy, has a combined gross annual income which
does not exceed the AMI threshold. Each subsequent tenant of the
Affordable Unit must be a Qualifying Tenant.
iii. Rental Rates. The monthly rental cost for each Affordable Unit will
include rent and utility costs for the metropolitan area that includes
the City adjusted for bedroom size and calculated annually by the
Department of Housing and Urban Development and posted by
Minnesota Housing for establishing rent limits for the Housing Tax
Credit Program. During the Qualified Project Period, the form of
lease to be utilized by Developer in renting Affordable Units will
provide that rental rates charged to any tenant of an Affordable Unit
cannot be increased more than once in any 12-month period.
iv. Certification of Tenant Eligibility. No tenant household shall be
approved by Developer for initial occupancy of an Affordable Unit
unless and until Developer has determined (through verification of
income, assets, expenses, and deductions) whether such tenant
household is a Qualifying Tenant for the applicable Affordable Unit.
Each person who is intended to be a Qualifying Tenant will be
required at the commencement of the initial lease of an Affordable
Unit to sign and deliver to Developer a “Certification of Tenant
Eligibility” in a form reasonably approved by the Authority (the
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“Eligibility Certification”), in which the prospective tenant certifies
as to qualifying as an applicable Qualifying Tenant. Eligibility
Certifications may be obtained no more than 120 days before a
Qualifying Tenant occupies an Affordable Unit. In addition, the
person will be required to provide whatever other information,
documents, or certifications are deemed reasonably necessary by the
Authority to substantiate the Eligibility Certification. Eligibility
Certifications will be maintained on file by Developer with respect
to each Qualifying Tenant who resides or resided in an Affordable
Unit for a period of 10 years following the end of the Qualified
Project Period, unless, following written request from the Developer
identifying Eligibility Certifications that Developer wishes to
discard the HRA consents to the Developer’s request to discard said
Eligibility Certification. Developer must re-examine and verify the
income of each tenant household living in an Affordable Unit
annually unless, during such year, no Affordable Unit is occupied
by a new tenant household whose income exceeds the applicable
income limit for Qualifying Tenants. In addition, no re-certification
shall be required if a Qualifying Tenant moves to a different
Affordable Unit.
v. Additional Affordable Housing Requirements.
A. No security deposit shall be required in excess of the amount of one
month of rent in connection with any Affordable Unit.
B. During the final year of the affordability period, new leases for the
Affordable Units must be for a term of no less than six months, and
such newly leased Affordable Units will be subject to all the
requirements of this Section until the expiration of such new leases.
C. Developer shall, upon annual invoicing, reimburse the City (or such
subdivision of the City administrating affordable housing
requirements) for reasonable third-party expenses related to
monitoring of Developer’s compliance with this Section and the
Affordable Housing Restrictive Covenant (plus any additional costs
necessitated by re-inspections for noncompliance) and thereafter be
subject to reasonable adjustment from time to time. As of the
Effective Date, $500.00 is an estimated annual cost based on other
affordable housing projects in the City, following full occupancy of
the Affordable Units.
(c) The requirements of this Section will be set forth in a separate restrictive
covenant in substantially the form attached to this Agreement as Exhibit G (the “Affordable
Housing Restrictive Covenant”) and recorded against the Development Property.
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(d) As a condition precedent to receiving the Public Assistance in a given year, the
Developer shall be in compliance with the requirements of this Section in such year.
ARTICLE 3
Construction of Project
Reserved.
Restrictions on Development; Conditions of City/HRA Approval. The Developer
may not construct or permit any Development to occur on any part of the Development Property
until the Developer satisfies the conditions described in this Section. After the Developer satisfies
the conditions described in this Section, the Developer may not, except upon the termination of
this Agreement or otherwise as provided herein, construct or permit any Development to occur on
any part of the Development Property until the City has approved the Construction Plans.
Construction Plans. Prior to commencing construction of the Project, the
Developer shall make available to the City for review Construction Plans for the Project. The
Construction Plans shall provide for construction of the Project in conformity with the
Redevelopment Plan, the TIF Plan, this Agreement, and all applicable state and local laws and
regulations. The City shall approve the Construction Plans in writing if, in the reasonable
discretion of the City, the Construction Plans: (a) conform to the Redevelopment Plan, the
Modification, the TIF Plan, this Agreement, and to any subsequent amendments thereto approved
by the City; (b) conform to all applicable federal, state and local laws, ordinances, rules and
regulations; (c) are adequate to provide for construction of the Project; and (d) no Event of Default
has occurred.
No approval by the City shall relieve the Developer of the obligation to comply with the
terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations,
or to properly construct the Project. No approval by the City shall constitute a waiver of an Event
of Default. Any disapproval of the Construction Plans shall set forth the reasons therefore and
shall be made within thirty (30) days after the date of their receipt by the City. If the City rejects
the Construction Plans, in whole or in part, the Developer shall submit new or corrected
Construction Plans within thirty (30) days after written notification to the Developer of the
rejection. The provisions of this Section relating to approval, rejection and resubmission of
corrected Construction Plans shall continue to apply until the Construction Plans have been
approved by the City.
Undertaking of Project.
(a) Subject to Unavoidable Delay, Developer shall commence the Project by
July 31, 2021, and cause the Project to be completed in accordance with the terms of this
Agreement by July 31, 2023.
(b) All work with respect to the Project shall be in substantial conformity with the
Construction Plans approved by the City.
(c) The Developer shall not interfere with, or construct any improvements over,
any public street or utility easement without the prior written approval of the City. All
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connections to public utility lines and facilities shall be subject to approval of the City and
any private utility Developer involved. Except for public improvements, which are
undertaken by the City or other governmental body and assessed against benefited
properties, all street and utility installations, relocations, alterations and restorations shall
be at the Developer’s expense and without expense to the City. The Developer, at its own
expense, shall replace any public facilities or utilities damaged during the Project by the
Developer or its agents or by others acting on behalf of or under the direction or control of
the Developer.
Certificate of Occupancy; Certificate of Completion.
(a) Upon the Developer’s request following the City’s issuance of a certificate of
occupancy with respect to the Project, the City will furnish the Developer with a Certificate
of Completion for the Project, in substantially the form attached hereto as Exhibit D, as
conclusive evidence of satisfaction and termination of the agreements and covenants of
this Agreement with respect to the obligations of the Developer to complete the Project.
The furnishing by the City of such Certificate of Completion shall not constitute evidence
of compliance with or satisfaction of any obligation of the Developer to any Mortgagee.
(b) If the City shall refuse or fail to provide a Certificate of Completion following
the Developer’s request, the City shall, within ten (10) days after the Developer’s request,
provide the Developer with a written statement specifying in what respects the Developer
has failed to complete the Project in accordance with this Agreement, or is otherwise in
default, and what measures or acts will be necessary, in the reasonable opinion of the City,
for the Developer to obtain the Certificate of Completion.
Progress Reports. Until the Certificate of Completion is issued for the Project, the
Developer shall make, in such detail as may reasonably be required by the HRA or the City, and
forward to the HRA and the City, within ten (10) days of a request by either or both the HRA and
the City, a written report as to the actual progress of construction.
Access to Development Property. The Developer agrees to permit the City and
HRA and any of their officers, employees or agents access to the Development Property at all
reasonable times following reasonable notice, for the purpose of inspection of all work being
performed in connection with the Project; provided, however, that neither the City nor HRA shall
have an obligation to inspect such work.
Modification; Subordination. The HRA agrees to subordinate its rights under this
Agreement to the holder of any Mortgage securing construction or permanent financing, in
accordance with the terms of a subordination agreement in a form reasonably acceptable to the
HRA.
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ARTICLE 4
Defense of Claims; Insurance
Defense of Claims.
(a) The Developer shall indemnify and hold harmless the HRA, the City, their
governing body members, officers, and agents including the independent contractors,
consultants, and legal counsel, servants and employees thereof (hereinafter, for the
purposes of this Section, collectively the “Indemnified Parties”) for any expenses
(including reasonable attorneys’ fees), loss, damage to property, or death of any person
occurring at or about, or resulting from any defect in, the Project; provided, however, the
Developer shall not be required to indemnify any Indemnified Party for any claims or
proceedings arising from any negligent or unlawful acts or omissions of such Indemnified
Party. Promptly after receipt by the HRA or the City of notice of the commencement of
any action in respect of which indemnity may be sought against the Developer under this
Section 4.01, such person will notify the Developer in writing of the commencement
thereof, and, subject to the provisions hereinafter stated, the Developer shall assume the
defense of such action (including the employment of counsel, who shall be counsel
reasonably satisfactory to the HRA and the City) and the payment of expenses insofar as
such action shall relate to any alleged liability in respect of which indemnity may be sought
against the Developer. The HRA and the City shall have the right to employ separate
counsel in any such action and to participate in the defense thereof, but the fees and
expenses of such counsel shall not be at the expense of the Developer unless the
employment of such counsel has been specifically authorized by the Developer.
Notwithstanding the foregoing, if the HRA or the City has been advised by independent
counsel that there may be one or more legal defenses available to it which are different
from or in addition to those available to the Developer, the Developer shall not be entitled
to assume the defense of such action on behalf of the HRA or the City, but the Developer
shall be responsible for the reasonable fees, costs and expenses (including the employment
of counsel) of the HRA and the City in conducting their defense. The Developer shall not
be liable to indemnify any person for any settlement of any such action effected without
the Developer’s consent. The omission to notify the Developer as herein provided will not
relieve the Developer from any liability which they may have to any Indemnified Party
pursuant hereto, otherwise than under this Section.
(b) The Developer agrees to protect and defend the Indemnified Parties, and further
agrees to hold the aforesaid harmless, from any claim, demand, suit, action or other
proceeding whatsoever by any person or entity arising or purportedly arising from the
actions or inactions of the Developer (or other persons acting on its behalf or under its
direction or control) under this Agreement, or the transactions contemplated hereby or the
acquisition, construction, installation, ownership, and operation of the Project; provided
that this indemnification shall not apply to the warranties made or obligations undertaken
by the HRA or the City in this Agreement or to any actions undertaken by the HRA or the
City which are not contemplated by this Agreement but shall, in any event, apply to any
pecuniary loss or penalty (including interest thereon from the date the loss is incurred and
funded or penalty is paid by the HRA or the City at a rate equal to the prime rate) as a result
of the Project, as constructed and operated by the Developer, causing the TIF District to
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cease to qualify as a “redevelopment district” under the TIF Act or to violate limitations as
to the use of the revenues therefrom as set forth in the TIF Act.
(c) All covenants, stipulations, promises, agreements and obligations of the HRA
and the City contained herein shall be deemed to be the covenants, stipulations, promises,
agreements and obligations of the HRA and the City and not of any governing body
member, officer, agent, servant or employee of the HRA or the City, as the case may be.
Insurance.
(a) Subject to the terms of any Mortgage relating to the Development Property, the
Developer shall keep and maintain the Development Property and Project at all times
insured against such risks and in such amounts, with such deductible provisions, as are
customary in connection with facilities of the type and size comparable to the Project, and
the Developer shall carry and maintain, or cause to be carried and maintained, and pay or
cause to be paid timely the premiums for direct damage insurance covering all risks of loss,
including, but not limited to, the following:
1. fire
2. extended coverage perils
3. vandalism and malicious mischief
4. boiler explosion (but only if steam boilers are present)
5. collapse
on a replacement cost basis in an amount equivalent to the full insurable value thereof.
“Full insurable value” shall include the actual replacement cost of the Project, exclusive of
foundations and footings, without deduction for architectural, engineering, legal or
administrative fees or for depreciation. Insurance in effect with respect to any portion of
the Project to be rehabilitated or renovated as a part of the Project prior to the issuance by
the City of a Certificate of Completion under Section 3.03 hereof with respect thereto shall
be maintained on an “all-risk” builder’s risk basis during the course of construction. The
policies required by this Section 4.02 shall be subject to a no coinsurance clause or contain
an agreed amount clause, and may contain a deductibility provision not exceeding $25,000.
(b) Subject to the terms of any Mortgage relating to the Development Property,
policies of insurance required by this Section 4.02 shall insure and be payable to the
Developer, and shall provide for release of insurance proceeds to the Developer for
restoration of loss, subject to commercially reasonable conditions imposed by Developer’s
lender(s). The City shall be furnished certificates showing the existence of such insurance.
In case of loss, the Developer is hereby authorized to adjust the loss and execute proof
thereof in the name of all parties in interest. On an annual basis and from time to time at
the City or the HRA’s request, the Developer shall file with the City or the HRA, as
applicable, a certificate of insurance for each of the policies required under this Section.
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ARTICLE 5
Public Assistance
Development Costs. The Developer has agreed to and shall be responsible to pay
all of its respective costs of the Project, as herein provided. However, the HRA, in order to
encourage the Developer to proceed with the construction of the Project, and to assist the
Developer in paying the costs thereof, is willing to provide the Public Assistance and thereby
reimburse the Developer for Qualified Costs, as permitted by the TIF Act and in accordance with
the TIF Plan, that will be incurred by the Developer to construct the Project.
Reimbursement for Qualified Costs.
The HRA agrees to reimburse the Developer, using Available Tax Increment on a
pay-as-you-go basis, for Qualified Costs of the Project. The City shall, upon completion of the
Project and the issuance of a the Certificate of Completion therefor, make reimbursement
payments pursuant to a limited revenue tax increment note for the Project, the form of which is
attached hereto as Exhibit F, with said payments of principal and interest to be made on the dates
(the “Payment Dates”) specified in the TIF Note, subject to the following terms and conditions:
(a) The total principal amount of any and all TIF notes issued for the Project will
not exceed two million three hundred fifty thousand dollars ($2,350,000).
(b) The unpaid principal of the TIF Note shall bear simple non-compounding
interest from the date of issuance of the TIF Note, at the lesser of 4.00% per annum or the
interest rate on the financing that the Developer obtains for the construction of the Project.
Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day
months.
(c) No payments shall be made by the HRA to the Developer unless and until the
Developer has provided written evidence reasonably satisfactory to the HRA that
(i) Qualified Costs in the amount to be reimbursed from the Available Tax Increment have
been incurred for the Project and paid by the Developer and (ii) the Certificate of
Completion has been issued as contemplated in Section 3.03 hereof.
(d) The HRA shall be obligated to make the payments to the Developer required
pursuant to this Section 5.02 only from and to the extent of the Available Tax Increment
actually received from the TIF District for any tax year, and such payments shall never be
considered to be a general obligation or indebtedness of the HRA.
(e) The HRA will retain 10% of the Tax Increment generated for administrative
costs and apply the retained Tax Increment first to pay any administrative expenses relating
to the Development Property to the extent permitted by the Tax Increment Act and to the
extent that such expenses have not been paid or reimbursed to the HRA by the Developer.
Any of the retained Tax Increment remaining after the payment of any administrative
expenses then due and owing (the “Available Tax Increment”) shall be paid to the
Developer for reimbursement of the Qualified Costs plus interest on the Payment Dates.
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(f) Upon thirty (30) days’ written notice to the Developer, the HRA may prepay all
or a portion of the outstanding principal balance due to the Developer pursuant to this
Section 5.02 without penalty, on any date at a prepayment price equal to the outstanding
principal balance to be prepaid plus accrued interest to the prepayment date.
(g) The HRA shall not be obligated to make any payments hereunder subsequent
to the termination of this Agreement as provided in Section 8.06 hereof, and any amounts
remaining unpaid as of such date (other than by reason of failure of the HRA to comply
with the terms of this Agreement) shall be considered forgiven by the Developer and shall
cease to be owing.
(h) The Developer may assign its rights under this Agreement (including the
payments to be made to the Developer hereunder) to secure financing incurred by the
Developer to pay costs of the Project, including but not limited to any Mortgagee, or, after
Certificate of Completion has been issued by the City, to third parties.
Conditions Precedent to Provision of Public Assistance.
Upon payment by the Developer of Qualified Costs for the Project, the Developer will
deliver to the HRA an instrument executed by the Developer (i) specifying the amount and nature
of the Qualified Costs of the Project to be reimbursed and (ii) certifying that such costs have been
paid to third parties unrelated to the Developer, or if any costs have been paid to third parties
related to the Developer, that such costs do not exceed the reasonable and customary costs of
services, labor or materials of comparable quality, dependability, availability and other pertinent
criteria and that such costs have not previously been contained in an instrument furnished to the
City pursuant to this Section 5.03. Together with such instrument, the Developer shall deliver to
the HRA evidence reasonably satisfactory to the HRA of the payment by the Developer of such
costs to be reimbursed. Thereafter, the HRA will provide to the Developer reimbursement for the
Project, constituting a portion of the Public Assistance described in this Article 5, paid up to the
maximum amount then due and payable, in accordance with Section 5.02.
Satisfaction of Conditions Precedent. Notwithstanding anything to the contrary
contained herein, the City’s obligation to reimburse the Developer for Qualified Costs shall be
subject to satisfaction, or waiver in writing by the HRA, of all of the following conditions
precedent:
(a) the conditions precedent in this Section 5.04 hereof have been satisfied;
(b) the City shall have issued a certificate of occupancy with respect to the
Project;
(c) the Developer shall have cured or obtained title insurance (including by an
applicable endorsement) of any title defects with respect to the Development Property;
(d) the Developer shall not be in default under the terms of this Agreement
beyond any applicable cure period;
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(e) the Developer shall have executed and recorded on the title to the
Development Property, the Declaration of Restrictive Covenants, required by Section 2.05
hereof, as set forth in Exhibit B;
(f) Developer shall have executed and recorded on the title to the Development
Property, the Affordable Housing Restrictive Covenant, required by Section 2.09(c), as set
forth in Exhibit G; and shall be in compliance with the affordability requirements described
therein;
(g) the Developer shall have closed on or received commitments in financing
sufficient to pay all costs to be incurred in connection with the Project.
In the event that all of the above conditions required to be satisfied as provided in this
Section 5.04 have not been satisfied by December 31, 2022, either the HRA or the Developer may
terminate this Agreement. Upon such termination, the provisions of this Agreement relating to the
Project shall terminate and, except as provided in Article 8, neither the Developer nor the HRA
shall have any further liability or obligation to the other hereunder.
Notice of Default. Whenever the HRA or the City shall deliver any notice or
demand to the Developer with respect to any breach or default by the Developer in its obligations
or covenants under this Agreement, the HRA or the City shall at the same time forward a copy of
such notice or demand to each investor, lender, or holder of any permitted mortgage, lien or other
similar encumbrance at the last address of such holder shown in the records of the HRA or the
City. Each such investor, lender, or holder shall have the right, at its option, to cure or remedy
such breach or default and to add the cost thereof to the mortgage debt and the lien of its mortgage;
provided that if the breach or default is with respect to construction of the Project, nothing
contained in this Agreement shall be deemed to permit, authorize or require such holder, either
before or after foreclosure or action in lieu thereof, to undertake or continue the construction or
completion of the Project without first having expressly assumed the obligation to the HRA and
the City, by written agreement satisfactory to the HRA and the City, to complete the construction
the Project in accordance with the plans and specifications therefor and this Agreement. Following
said assumption, any such holder who shall properly complete the construction of the Project shall
be entitled, upon written request made to the HRA and the City, to a certification by the HRA and
the City to such effect in the manner provided in Section 3.03.
Real Property Taxes. Prior to the Termination Date, the Developer shall pay all
real property taxes payable with respect to all and any parts of the Development Property acquired
and owned by it until the Developer’s obligations have been assumed by any other person pursuant
to the provisions of this Agreement.
The Developer agrees that prior to the Termination Date:
(1) It will not seek administrative review or judicial review of the
applicability of any tax statute relating to the ad valorem property taxation of real
property contained on the Development Property determined by any tax official to
be applicable to the Project or the Developer or raise the inapplicability of any such
tax statute as a defense in any proceedings with respect to the Development
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Property, including delinquent tax proceedings; provided, however, “tax statute”
does not include any local ordinance or resolution levying a tax;
(2) It will not seek administrative review or judicial review of the
constitutionality of any tax statute relating to the taxation of real property contained
on the Development Property determined by any tax official to be applicable to the
Project or the Developer or raise the unconstitutionality of any such tax statute as a
defense in any proceedings, including delinquent tax proceedings with respect to
the Development Property; provided, however, “tax statute” does not include any
local ordinance or resolution levying a tax;
(3) It will not seek any tax deferral or abatement, either presently or
prospectively authorized under M.S., Section 469.1813, or any other State or
federal law, of the ad valorem property taxation of the Development Property
between the date of execution of this Agreement and the Termination Date.
5.07 Action to Reduce Taxes. The Developer may seek through petition or other means
to have the market value for the Development Property reduced. Until the TIF Note is fully paid,
such activity must be preceded by written notice from the Developer. Upon receiving such notice,
or otherwise learning of the Developer’s intentions, the HRA or City may suspend payments due
under the TIF Note until the actual amount of the reduction is determined, whereupon the HRA or
City will make the suspended payments less any amount that the HRA or City is required to repay
the County as a result any reduction in market value of the Development Property. During the
period that the payments are subject to suspension, the HRA or City may make partial payments
on the TIF Note if it determines, in its sole and absolute discretion, that the amount retained will
be sufficient to cover any repayment which the County may require. The HRA’s or the City’s
suspension of payments on the TIF Note pursuant to this Section shall not be considered a default
under this Agreement.
5.08 Legal and Administrative Expenses. The Developer shall pay all Legal and
Administrative Expenses.
ARTICLE 6
Prohibitions Against Assignment and Transfer
Transfer of Property and Assignment. Other than leases made in the ordinary
course of business, the Developer has not made and will not make, or suffer to be made, any total
or partial sale, assignment, conveyance, lease, or other transfer, with respect to this Agreement,
the Project or Property or any part thereof or any interest therein (other than any Mortgage or
Mortgages securing financing for the Project or other than any assignment of the payments to be
made to the Developer under Section 5.02 hereof that is permitted under Section 5.02 hereof), or
any contract or agreement to do any of the same, without the prior written approval of the HRA
and the City, which shall not be unreasonably withheld or delayed. The HRA and the City shall
be entitled to require as conditions to any such approval that: (i) the proposed transferee have the
qualifications and financial responsibility, as reasonably determined by the HRA and the City,
necessary and adequate to fulfill the remaining obligations to be undertaken by Developer in this
Agreement; (ii) the proposed transferee, by recordable instrument satisfactory to the HRA and the
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City shall, for itself and its successors and assigns, assume all of the obligations of the Developer
under this Agreement. No transfer of, or change with respect to, ownership in the Project or
Property or any part thereof, or any interest therein, however consummated or occurring and
whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the HRA
or the City of or with respect to any rights or remedies or controls provided in or resulting from
this Agreement with respect to the Project or Property and the completion of the Project that the
HRA or the City would have had, had there been no such transfer or change. There shall be
submitted to the HRA and the City for review all legal documents relating to the transfer.
Notwithstanding the foregoing, this Section 6.01 shall not apply to any transfer or
assignment to (i) any entity controlling, controlled by or under common control with the Developer
(or the members of any entity member) or (ii) any entity in which the majority equity interest is
owned by the parties that have a majority equity interest in the Developer.
Provided that no Event of Default exists hereunder, any such transfer or assignment shall
release the Developer from its obligations hereunder upon execution and delivery to the HRA and
the City by the transferee or assignee of an instrument in form and substance satisfactory to the
HRA and the City by which the transferee or assignee assumes the remaining obligations of the
Developer hereunder.
In the absence of specific written agreement by the HRA and the City to the contrary, no
such transfer or approval by the HRA and the City thereof shall be deemed to relieve the
Developer, or any other party bound in any way by this Agreement or otherwise with respect to
the completion of the Project, from any of their obligations with respect thereto.
Termination of Limitations on Transfer. The provisions of Section 6.01 shall
terminate at such time as the Certificate of Completion has been issued by the City under
Section 3.03 of this Agreement with respect to the Project; provided, however, that any assignment
of the payments to be made to the Developer under Section 5.02 may only be assigned as permitted
under Section 5.02 hereof.
ARTICLE 7
Event of Default; Fees
Events of Default. Subject to Unavoidable Delay, the following shall be “Events
of Default” under this Agreement and the term “Event of Default” shall mean, whenever it is used
in this Agreement (unless the context otherwise provides), any one or more of the following events
which occurs and continues for more than thirty (30) days after written notice by the defaulting
party of such default (and the term “default” shall mean any event which would with the passage
of time or giving of notice, or both, be an “Event of Default” hereunder):
(a) Subject to Cure Rights, failure of the Developer to construct or reconstruct the
Project as required hereunder.
(b) Failure of the Developer to furnish the Construction Plans as required
hereunder.
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(c) Failure of the Developer to pay to the HRA any amounts required to be paid by
the Developer hereunder.
(d) Subject to Cure Rights, failure of the Developer or the HRA to observe and
perform any other covenant, condition, obligation or agreement on its part to be observed
or performed hereunder.
(e) Failure of the Developer to pay any taxes on the Development Property as they
become due.
(f) Filing of any voluntary petition in bankruptcy or similar proceedings by the
Developer; general assignment for the benefit of creditors made by the Developer or
admission in writing by the Developer of inability to pay its debts generally as they become
due; or filing of any involuntary petition in bankruptcy or similar proceedings against the
Developer which are not dismissed or stayed within sixty (60) days.
City and Authority Events of Default. Subject to Cure Rights and Unavoidable
Delays, the failure of the City or the Authority to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this Agreement, and the
continuation of such failure for a period of 30 days after written notice of such failure from any
party hereto shall be an Event of Default for the City or the Authority.
Cure Rights. If a Default occurs under Section 7.01 (a) or (d) or Section 7.02, which
reasonably requires more than 30 days to cure, such Default shall not constitute an Event of
Default, provided that the curing of the Default is promptly commenced upon receipt by the
defaulting party of the notice of the Default, and with due diligence is thereafter continuously
prosecuted to completion and is completed within a reasonable period of time, and provided that
the defaulting party keeps the non-defaulting party well informed at all times of its progress in
curing the Default.
Remedies on Default. In the event the HRA or the City desires to exercise any of
its rights or remedies as provided herein or otherwise available to the HRA or the City at law or in
equity, the HRA or the City shall first provide written notice to Developer setting forth with
specific particularity the Event of Default and the action required to cure or remedy the same (the
“Default Notice”). Developer or any transferee or assignee under Section 6.01 hereof, shall have
thirty (30) days from receipt of a Default Notice to cure or remedy the Event of Default specified
in the Default Notice, subject to Cure Rights for such longer period as may be reasonably required
to complete the cure as soon as reasonably possible under the circumstances. If, following
Developer’s receipt of a Default Notice, Developer does not cure or remedy the Event of Default
therein specified within the time provided above, subject to Cure Rights, the HRA or the City may
take any one or more of the following actions at any time prior to Developer’s curing or remedying
the Event of Default:
(a) Suspend its performance under this Agreement until it receives assurances from
Developer, deemed adequate by the HRA or the City, that Developer will cure its default
and continue its performance under this Agreement.
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(b) In the case of a material default that is not cured, Terminate all rights of
Developer under this Agreement.
(c) Withhold the Certificate of Completion.
(d) Take whatever action at law or in equity may appear necessary or desirable to
the HRA or the City to enforce performance and observance of any obligation, agreement,
or covenant of Developer under this Agreement.
In the event the HRA or City should fail to observe or perform any covenant, agreement or
obligation of the HRA or City on their part to be observed and performed under this Agreement,
Developer may, subject to Cure Rights, take any one or more of the following actions:
(a) Suspend its performance under this Agreement until it receives assurances from
the HRA or City deemed adequate by Developer, that the HRA or City will cure its default
and continue its performance under this Agreement.
(b) In the case of a material default that is not cured, Terminate all rights of the
HRA or the City under this Agreement.
(c) Take whatever action at law or in equity may appear necessary or desirable to
Developer to enforce performance and observance of any obligation, agreement, or
covenant of the HRA or the City under this Agreement.
No Remedy Exclusive. No remedy herein conferred upon or reserved to the HRA,
the City, or to the Developer is intended to be exclusive of any other available remedy or remedies,
but each and every such remedy shall be cumulative and shall be in addition to every other remedy
given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay
or omission to exercise any right or power accruing upon any default shall impair any such right
or power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient. In order to entitle the HRA,
the City, or Developer to exercise any remedy reserved to them, it shall not be necessary to give
notice, other than such notice as may be required under this Agreement.
Waivers. All waivers by any party to this Agreement shall be in writing. If any
provision of this Agreement is breached by any party and thereafter waived by another party, such
waiver shall be limited to the particular breach so waived and shall not be deemed to waive any
other concurrent, previous or subsequent breach hereunder.
Agreement to Pay Attorneys’ Fees. Whenever any Event of Default occurs and the
HRA or the City shall employ attorneys or incur other expenses for the collection of payments due
or to become due or for the enforcement or performance or observance of any obligation or
agreement on the part of the Developer herein contained, the Developer agrees that it shall, on
demand therefor, pay to the HRA or the City the reasonable fees of such attorneys and such other
reasonable expenses so incurred by the HRA or the City.
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ARTICLE 8
General Provisions
Conflicts of Interest; HRA and City Representatives Not Individually Liable. No
member, official, employee, or consultant or employee of a consultant of the HRA or the City shall
have any personal interest, direct or indirect, in this Agreement, nor shall any such member,
official, consultant or the consultant’s employees or employee participate in any decision relating
to this Agreement which affects his or her personal interests or the interests of any corporation,
partnership, or association in which he or she is directly or indirectly interested. No member,
official, consultant or consultant’s employee, or employee of the HRA or the City shall be
personally liable to Developer, or any successor in interest, in the event of any default or breach
by the HRA or the City or for any amount which may become due to Developer or successors or
on any obligations under the terms of this Agreement.
Equal Employment Opportunity. Developer, for itself and its successors and
assigns, agrees that during the construction of the Project it will comply with any applicable
affirmative action and nondiscrimination laws or regulations.
Restrictions on Use. Developer agrees for itself, and its successors and assigns,
and every successor in interest to the Development Property, or any part thereof, that Developer,
and such successors and assigns, shall, prior to the termination of the Affordable Housing
Restrictive Covenant, devote the Development Property to, and only to and in accordance with,
the uses specified in the Redevelopment Plan, this Agreement and other agreements entered into
between the Developer and the City, and shall not discriminate upon the basis of race, color, creed,
religion, national origin, sex, marital status, disability, status with regard to public assistance,
sexual orientation, and familial status in the sale, lease, or rental or in the use or occupancy of the
Development Property or any improvements erected or to be erected thereon, or any part thereof.
Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections
of this Agreement are inserted for convenience of reference only and shall be disregarded in
construing or interpreting any of its provisions.
Business Subsidies Act.
The Developer represents that the financial assistance received by the Developer pursuant
to this Agreement will be used to create housing. Accordingly, the parties agree and understand
that the financial assistance described in this Agreement does not constitute a business subsidy
within the meaning of the Business Subsidy Act. The Developer releases and waives any claim
against the HRA and its governing body members, officers, agents, servants and employees thereof
arising from application of the Business Subsidy Act to this Agreement, including without
limitation any claim that the HRA failed to comply with the Business Subsidy Act with respect to
this Agreement.
Term of Agreement. This Agreement shall terminate upon the earlier to occur of
(i) February 1, 2032, (ii) the date the TIF Note is paid in full, (iii) the date on which the Tax
Increment District expires or is otherwise terminated, or (iv) the date this Agreement is terminated
or rescinded in accordance with its terms; it being expressly agreed and understood that the
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provisions of this Agreement are intended to survive the expiration and satisfaction of any security
instruments placed of record contemporaneously with this Agreement, if such expiration and
satisfaction occurs prior to the expiration of the term of this Agreement, as stated in this Section
8.06.
Provisions Surviving Termination. Sections 4.01 and 7.07 hereof shall survive any
termination, rescission, or expiration of this Agreement with respect to or arising out of any event,
occurrence, or circumstance existing prior to the date thereof.
ARTICLE 9
Administrative Provisions
Notices and Demands. Except as otherwise expressly provided in this Agreement,
a notice, demand, or other communication under this Agreement by any party to another party
shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage
prepaid, return receipt requested, or delivered personally as follows:
(a) in the case of Developer, addressed to or delivered personally to:
SA Senior Living LLC
15102 Minnetonka Industrial Road
Minnetonka, MN 55345
Attention: Robert Wall
With a copy to:
Siegel Brill, P.A.
100 Washington Avenue South, Suite 1300
Minneapolis, Minnesota 55401
Attn: Anthony J. Gleekel
(b) in the case of the City, addressed or delivered personally to:
City of St. Anthony
3301 Silver Lake Road NE
St. Anthony, Minnesota 55418
Attention: City Manager
With a copy to:
Dorsey & Whitney LLP
Suite 1500, 50 South Sixth Street
Minneapolis, Minnesota 55402
Attention: Jay R. Lindgren
(c) in the case of the HRA, addressed or delivered personally to:
Housing and Redevelopment Authority
City of Saint Anthony
3301 Silver Lake Road NE
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St. Anthony, Minnesota 55418
Attention: Executive Director
With a copy to:
Dorsey & Whitney LLP
Suite 1500, 50 South Sixth Street
Minneapolis, Minnesota 55402
Attention: Jay R. Lindgren
The HRA, City and the Developer, by notice given hereunder, may designate different
addresses to which subsequent notices, certificates or other communications should be sent.
Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute one and the same instrument.
Binding Effect. This Agreement shall inure to the benefit of and shall be binding
upon the HRA, the City and the Developer and their respective successors and assigns.
Severability. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
Amendments, Changes and Modifications. This Agreement may be amended or
any of its terms modified only by written amendment authorized and executed by the HRA, the
City, and the Developer. The Chair and Executive Director of the HRA are authorized to execute
and deliver amendments and any documents related to this Agreement on behalf of the HRA. The
Mayor and City Manager are authorized to execute and deliver amendments and any documents
related to this Agreement on behalf of the City.
Further Assurances and Corrective Instruments. The HRA, the City, and the
Developer agree that they will, from time to time, execute, acknowledge and deliver, or cause to
be executed, acknowledged and delivered, such supplements hereto and such further instruments
as may reasonably be required for correcting any inadequate or incorrect description of the
Development Property or the Project or for carrying out the expressed intention of this Agreement.
Captions. The captions or headings in this Agreement are for convenience only
and in no way define, limit or describe the scope of intent of any provisions or Sections of this
Agreement.
Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota without giving effect to the conflicts-of-laws
principles thereof.
Limited Liability. Notwithstanding anything to contrary provided in this
Agreement, it is specifically understood and agreed, such agreement being the primary
consideration for the execution of this Agreement by Developer, that (a) there should be absolutely
no personal liability on the part of any director, officer, manager, member, employee or agent of
Developer or the City or Authority with respect to any terms, covenants and conditions in this
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Agreement; (b) Redeveloper and the City and the Authority waive all claims, demands and causes
of action against the other parties’ directors, officers, managers, members, employees and agents
in any Event of Default, by either party, as the case may be, of any of the terms, covenants and
conditions of this Agreement to be performed by either party; and (c) Developer and the City or
the Authority, as the case may be, shall look solely to the assets of the other party for the
satisfaction of each and every remedy in the Event of Default by any party, as the case may be, of
any of the terms, covenants and conditions of this Agreement such exculpation of liability to be
absolute and without any exception whatsoever.
Estoppel Certificates. Each party, respectively, agrees that at any time and from
time to time within 10 business days after receipt of a written request by the other party, to execute,
acknowledge and deliver to such party a statement in writing and in such form ach party,
respectively, agrees that at any time and from time to time within 10 business days after receipt of
a written request by the other party, to execute, acknowledge and deliver to such party a statement
in writing and in such form as will enable it to be recorded in the proper office for the recordation
of deeds and other instruments certifying: (a) that this Agreement is unmodified and in full force
and effect or, if there have been modifications, that the same are in full force and effect as modified
and identifying the modifications; (b) that no party is in default under any provisions of this
Agreement or, if there has been a default, the nature of such default; (c) that all work to be
performed, under this Agreement or any related agreement has been performed or, if not so
performed, specifying the work to be performed; and (d) as to any other matter that the requesting
party, a prospective purchaser or assignee or a prospective mortgagee or other lender shall
reasonably request. It is intended that any such statement may be relied upon by any person,
prospective mortgagee of, or assignee of any mortgage, upon such interest. Any such statement on
behalf of the City may be executed by the City Manager without City Council approval and any
such statement on behalf of the Authority may be executed by the Executive Director without
Authority Board approval.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date first above written.
HOUSING AND REDEVELOPMENT
AUTHORITY OF ST. ANTHONY
By
Chair
And
Executive Director
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me on this ____ day of ________,
2021, by __________________, the Chair, and __________________, the Executive Director, of
the Housing and Redevelopment Authority of St. Anthony, a body politic and corporate under the
laws of the state of Minnesota, on behalf of the Authority.
IN WITNESS WHEREOF, I have set my hand and my official seal this ____ day of
_____________, 2021.
Notary Public
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date first above written.
City of St. Anthony, Minnesota
By
Mayor
And
City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me on this ____ day of
______________, 2021, by __________________, the Mayor, and __________________, the
City Manager, of the City of St. Anthony, a Minnesota statutory city, on behalf of the City.
IN WITNESS WHEREOF, I have set my hand and my official seal this ____ day of
_____________, 2021.
Notary Public
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SA SENIOR LIVING LLC, a Minnesota limited
liability company
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me on this ___ day of ___________,
2021, by _____________, the _____________ of SA Senior Living LLC, a Minnesota limited
liability company, on behalf of the company.
IN WITNESS WHEREOF, I have set my hand and my official seal this ___ day of
__________, 2021.
Notary Public
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EXHIBIT A
DEVELOPMENT PROPERTY
The real property and interests in such property located in the County of Ramsey, State of
Minnesota and described as follows:
Approximately 4.28 acres (Tract B) described as: The east 260.00 feet of that part of the South 1/2
of the Northwest Quarter of Section 7, Township 29, Range 23, beginning at a point in the South
line of said Tract 100 feet East of the Southwest corner thereof; thence North 1079.8 feet; thence
East parallel to the South line of said quarter section 1041.74 feet; thence South to center of State
Highway No. 63; thence southwesterly along said center line of State Highway No. 63 and St.
Anthony and Taylor Falls Road to intersection of center line of said road with the South line of
said quarter section; thence West along said latter line to the point of beginning, except that part
thereof embraced in the South 365 feet of the West 395 feet of the Southwest Quarter of the
Northwest Quarter of said Section 7 and except the easterly 100 feet thereof.
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EXHIBIT B
COVENANTS AND RESTRICTIONS
During the term of that certain Redevelopment Agreement between the Housing and
Redevelopment Authority of St. Anthony, and SA Senior Living LLC, dated [Month] 1, 2021 and
recorded in the Office of the Ramsey County Registrar as Document No. [__________] on
[____________], 2021, the Property shall be subject to the following covenants and restrictions:
1. The Property shall not be exempt from real estate taxes notwithstanding the
ownership or use of the land.
2. The Property shall not be sold, transferred, conveyed or leased to any of the
following parties:
(a) An institution of purely public charity;
(b) A church or ancillary tax-exempt housing;
(c) A public hospital;
(d) A public school district;
(e) An organization exempt from federal income taxes pursuant to
Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, if as
a result of such sale, transfer, conveyance or lease the Property would
become exempt from real estate taxes; or
(f) A Minnesota cooperative association organized under Minnesota Statutes,
Section 308.05 and 308.18 for the purpose of complying with the provisions
of Minnesota Statutes, Section 273.133, subdivision 3, or any other party
that would cause the Property to be valued and assessed for real estate tax
purposes at a lower percentage of its market value than the Property is then
being valued and assessed for real estate tax purposes or would result in the
Property becoming exempt from real estate taxes.
3. The Property shall not be used for any of the following purposes:
(a) The operation of a public charity;
(b) A church or house of worship;
(c) The operation of a public hospital;
(d) The operation of a public schoolhouse, academy, college, university or
seminary of learning; or
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(e) Any other use which would cause the Property to be valued and assessed
for real estate tax purposes at a lower percentage of its market value than
the Property is then being valued and assessed for real estate tax purposes
or would result in the Property becoming exempt from real estate taxes.
4. The Property shall be devoted to uses consistent with a “redevelopment district”
under Minnesota Statutes, Sections 469.174 through 469.1794.
5. The Property owner shall:
(a) not discriminate on the basis of color, creed, national origin, or sex in the
sale, lease, use or occupancy of the Property, the Project or any part thereof;
(b) develop the Development Property in an orderly manner consistent with the
City’s zoning ordinances and comprehensive plan.
6. The covenants and restrictions herein contained shall run with the title to the
Property and shall be binding upon all present and future owners and occupants of the Property;
provided, however, that the covenants and restrictions herein contained shall inure only to the
benefit of the City and may be released or waived in whole or in part at any time, and from time
to time, by the sole act of the City, and variances may be granted to the covenants and restrictions
herein contained by the sole act of the City. These covenants and restrictions shall be enforceable
only by the City, and only the City shall have the right to sue for and obtain an injunction,
prohibitive or mandatory, to prevent the breach of the covenants and restrictions herein contained,
or to enforce the performance or observance thereof.
7. The covenants and restrictions herein contained shall remain in effect until the later
of (i) February 1, 2032, or (ii) the payment in full of principal of, and interest on, the limited
revenue tax increment note issued in accordance with the Agreement, and thereafter shall be null
and void.
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EXHIBIT C
PROJECT DESCRIPTION; QUALIFIED COSTS
Project Description
The Project involves the construction of a 135-unit senior care facility with independent
living, assisted living and memory care.
Affordability Requirements:
At least 7-units (or, 5% of the total units) will be affordable to households at or below 50%
of the Area Median Income. The monthly rental cost for an affordable dwelling will include rent
and utility costs for the metropolitan area that includes St. Anthony adjusted for bedroom size and
calculated annually by the Department of Housing and Urban Development and posted by
Minnesota Housing for establishing rent limits for the Housing Tax Credit Program. Such
affordability requirements shall be in effect for a term of fifteen (15) years.
Qualified Costs
The estimated public costs of the TIF District are listed below. Such costs (“Qualified
Costs”) are eligible for reimbursement from tax increments of the TIF District. The categories
below identify the categories of expenses that the parties agree may be reimbursed through tax
increment financing. The amounts assigned to each category are estimates only and not
independent limitations of the actual amount incurred within each category or of the total amount
of Developer’s Qualified Costs.
Demolition $ 63,610
Site Utilities 2,155,193
Roads & Walks (City Extension) 61,709
Soil Remediation 137,740
Total $2,418,252*
* Developer’s Qualified Cost. The total principal amount of any and all tax increment notes issued
to reimburse the Developer for Qualified Costs of the Project will not exceed $2,350,000.
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EXHIBIT D
CERTIFICATE OF COMPLETION
WHEREAS, SA SENIOR LIVING LLC, a Minnesota limited liability company (“the
Developer”), is the owner and the Developer of the property in the County of Ramsey and State
of Minnesota described on Exhibit A hereto and made a part hereof (the “Development Property”);
and
WHEREAS, the Development Property is subject to the provisions of a certain
Redevelopment Agreement (the “Agreement”) in the Redevelopment Project Area No. 3 and
Lowry Grove Tax Increment Financing District, dated as of [Month] 1, 2021, between the
Developer, Housing and Redevelopment Authority of St. Anthony, and the City of St. Anthony,
Minnesota; and
WHEREAS, the Developer has fully and duly performed all of the covenants and
conditions of Developer under the Agreement with respect to the completion of the Project (as
defined in the Agreement);
NOW, THEREFORE, it is hereby certified that all requirements of the Developer under
the Agreement with respect to the completion of the Project have been completed and duly and
fully performed, and this instrument is to be conclusive evidence of the satisfactory termination of
the covenants and conditions of the Agreement as they relate to the completion of the Project. All
other covenants and conditions of the Agreement shall remain in effect and are not terminated
hereby.
Dated this ____ day of ____________, 20__.
City of St. Anthony, Minnesota
By
Mayor
And
City Manager
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Exhibit A
Development Property
The real property and interests in such property located in the County of Ramsey, State of
Minnesota and described as follows:
Approximately 4.28 acres (Tract B) described as: The east 260.00 feet of that part of the South
1/2 of the Northwest Quarter of Section 7, Township 29, Range 23, beginning at a point in the
South line of said Tract 100 feet East of the Southwest corner thereof; thence North 1079.8 feet;
thence East parallel to the South line of said quarter section 1041.74 feet; thence South to center
of State Highway No. 63; thence southwesterly along said center line of State Highway No. 63
and St. Anthony and Taylor Falls Road to intersection of center line of said road with the South
line of said quarter section; thence West along said latter line to the point of beginning, except
that part thereof embraced in the South 365 feet of the West 395 feet of the Southwest Quarter of
the Northwest Quarter of said Section 7 and except the easterly 100 feet thereof..
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EXHIBIT E
FORM OF ASSESSMENT AGREEMENT
THIS AGREEMENT is dated as of [Month] 1, 2021, and is between the HOUSING AND
REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a public body corporate
and politic organized and existing under the laws of the State of Minnesota (the “HRA”), a
municipal corporation and political subdivision of the State of Minnesota (the “City”) and SA
SENIOR LIVING LLC, a Minnesota limited liability company (the “Developer”).
IN CONSIDERATION OF the mutual covenants and benefits herein described, the
City and the Developer recite and agree as follows:
Section 1. Recitals.
1.01. Development District; Development Program. The City of St. Anthony (the
“City”) and the Housing and Redevelopment Authority of St. Anthony (the “HRA”) have
heretofore undertaken certain development activities for the purpose of redeveloping blighted
areas, improving the local tax base, and improving the general economy of the City and the State
of Minnesota, which is a “project” as defined in Minnesota Statutes, Section 469.174, subdivision
8, known as Redevelopment Project Area No. 3 (the “Project Area”) pursuant to a Project Plan for
Redevelopment Area No. 3 (the “Project Plan”).
1.02. Tax Increment Financing District; Project. Pursuant to the Minnesota Tax
Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.1794, as amended (the “TIF
Act”), the City and the HRA have approved a tax increment financing plan (the “Financing Plan”),
which is the proposed method for financing the development activities currently proposed to be
undertaken pursuant to the Project Plan and established a portion of the Project Area as a tax
increment financing district (“Tax Increment District”). The Financing Plan proposes to finance
the cost of certain public improvements related to the construction of a 135-unit senior care facility
with independent living, assisted living and memory care (the “Project”).
1.03. Implementation. The City and the HRA have each authorized and directed
their respective officers to take all actions necessary to implement and carry out the Project Plan
and the Financing Plan. The Project Plan and the Financing Plan propose that the HRA finance
certain costs of or related to the Project, payable from tax increment (as defined in the TIF Act)
derived from the District (“Tax Increment”).
1.04. Development Agreement. The City, the HRA, and the Developer have
entered into a Redevelopment Agreement (Development 65 Project), dated as of [Month] 1, 2021
(the “Redevelopment Agreement”), which provides that the Developer, or its permitted assignee,
will improve the real property described in Exhibit A hereto (the “Land”) by the construction of
the portion of the Project located thereon. The Redevelopment Agreement provides that upon the
execution and delivery of the Redevelopment Agreement, the Authority and Developer are to enter
into this Assessment Agreement.
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Section 2. Minimum Market Value.
2.01. Agreed Upon Minimum. The Developer agrees that the minimum market
value of the Land and the portion of the Project located thereon for ad valorem tax purposes, (i)
for the assessment made as of January 2, 2022, shall be not less than $10,800,000, and (ii) for the
assessment made as of January 2, 2023, shall be not less than $21,600,000, and shall not be reduced
by any action taken by the Developer (other than a deed in lieu of, or under threat of, condemnation
by the City, Ramsey County or other condemning authority), to less than the said amount, and that
during the term of this Assessment Agreement no reduction of the market value therefor below
said minimum market value shall be sought by the Developer or granted by any public official or
court except in accordance with Minnesota Statutes, Section 469.177, subdivision 8. This
minimum market value shall apply only to the Land, the portion of the Project located thereon and
any other facilities situated on the Land. In the event of involuntary conversion of the Land and
the portion of the Project located thereon for any reason (other than condemnation by a public
entity), the minimum market value shall not be reduced to an amount less than said minimum
market value.
The Developer acknowledges and agrees that the Land and the portion of the Project
located thereon are subject to ad valorem property taxation and that such property taxes constitute
taxes on “real property” (as provided in Section 469.174 of the TIF Act) and, to the extent
reflecting net tax capacity rates of taxing jurisdictions levied against the captured net tax capacity
of the District, tax increment.
2.02. Higher Market Value. Nothing in this Assessment Agreement shall limit the
discretion of the assessor of the City or any other public official or body having the duty to
determine the market value of the Land, the portion of the Project located thereon and other
facilities on the Land for ad valorem tax purposes, to assign to the Land, the portion of the Project
located thereon or to any other improvements constructed on the Land, on a nondiscriminatory
basis and treated fairly and equally with all other property so classified in the respective counties,
a market value in excess of the minimum market value specified in Section 2.01. The Developer
shall have the normal remedies available under the law to contest any estimated assessor’s
estimated value in excess of said minimum market values, but only to the extent of the excess.
2.03. Substantial Completion. For purposes of this Assessment Agreement and the
determination of the market value of the Land and the portion of the Project located thereon for ad
valorem tax purposes, the Developer agrees that the portion of the Project located thereon shall be
deemed to be completed in accordance with the Development Agreement as of July 31, 2023 (the
required date of completion), whether in fact completed or not.
Section 3. Filing and Certification.
3.01. Assessor Certification. The HRA shall present this Assessment Agreement
to the assessor of the City and request such assessor to execute the certification attached hereto as
Exhibit C. The Developer shall provide to the assessor all information relating to the Land and
the portion of the Project located thereon requested by the assessor for the purposes of discharging
the assessor’s duties with respect to the certification.
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3.02. Filing. Prior to the recording of any mortgage, security agreement or other
instrument creating a lien on the Land, the Master Developer shall cause this Assessment
Agreement and a copy of Minnesota Statutes, Section 469.177, subdivision 8, attached hereto as
Exhibit B, to be recorded in the office of the County Recorder or Registrar of Titles of Ramsey
County, and shall pay all costs of such recording.
Section 4. Relation to Development Agreement. The covenants and agreements
made by the Developer in this Assessment Agreement are separate from and in addition to the
covenants and agreements made by the Developer in the Development Agreement and nothing
contained herein shall in any way alter, diminish or supersede the duties and obligations of the
Developer under the Development Agreement.
Section 5. Miscellaneous Provisions.
5.01. Binding Effect. This Assessment Agreement shall inure to the benefit of and
shall be binding upon the HRA and the Developer and their respective successors and assigns, and
upon all subsequent owners of the Land and the portion of the Project located thereon.
5.02. Severability. In the event any provision of this Assessment Agreement shall
be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
5.03. Amendments, Changes and Modifications. Except as provided in
Section 5.04, this Assessment Agreement may be amended or any of its terms modified only by
written amendment authorized and executed by the HRA and the Developer and otherwise in
compliance with Section 469.177, subdivision 8, of the Act.
5.04. Further Assurances and Corrective Instruments. The HRA and the Developer
agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed,
acknowledged or delivered, such supplements hereto and such further instruments as may
reasonably be required for correcting any inadequate or incorrect description of the Land or the
portion of the Project located thereon, or for carrying out the expressed intention of this
Assessment Agreement.
5.05. Execution Counterparts. This Assessment Agreement may be
simultaneously executed in several counterparts, each of which shall be an original and all of which
shall constitute but one and the same instrument.
5.06. Applicable Law. This Assessment Agreement shall be governed by and
construed in accordance with the internal laws of the State of Minnesota.
5.07. Captions. The captions or headings in this Assessment Agreement are for
convenience only and in no way define, limit or describe the scope or intent of any provisions or
Sections of this Assessment Agreement.
5.08. Effective Date. This Assessment Agreement shall be effective as of
[__________], 2021.
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5.09. Termination Date. This Assessment Agreement shall terminate upon the
termination of the TIF Note.
5.10. Definitions. Terms used with initial capital letters but not defined herein
shall have the meanings given such terms in the Development Agreement, unless the context
hereof clearly requires otherwise.
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IN WITNESS WHEREOF, the HRA has caused this Assessment Agreement to be
executed in its name by its duly authorized officers and the Developer has caused this Assessment
Agreement to be executed in its corporate name.
HOUSING AND REDEVELOPMENT OF ST.
ANTHONY, MINNESOTA
By
Its Chair
By
Its Executive Director
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
_______________, 20__, by ____________, Chair, and ____________, Executive Director, of
the Housing and Redevelopment Authority of St. Anthony, Minnesota, a public body corporate
and politic organized and existing under the laws of the State of Minnesota, on behalf of the public
body.
Notary Public
143
SA SENIOR LIVING LLC
By
Its
STATE OF MINNESOTA )
) SS.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _____ day of __________,
20____, by __________________, the _______________, on behalf of the _______________.
Notary Public
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EXHIBIT A
DESCRIPTION OF LAND
The real property and interests in such property located in the County of Ramsey, State of
Minnesota and described as follows:
Approximately 4.28 acres (Tract B) described as: The east 260.00 feet of that part of the South
1/2 of the Northwest Quarter of Section 7, Township 29, Range 23, beginning at a point in the
South line of said Tract 100 feet East of the Southwest corner thereof; thence North 1079.8 feet;
thence East parallel to the South line of said quarter section 1041.74 feet; thence South to center
of State Highway No. 63; thence southwesterly along said center line of State Highway No. 63
and St. Anthony and Taylor Falls Road to intersection of center line of said road with the South
line of said quarter section; thence West along said latter line to the point of beginning, except
that part thereof embraced in the South 365 feet of the West 395 feet of the Southwest Quarter of
the Northwest Quarter of said Section 7 and except the easterly 100 feet thereof.
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EXHIBIT B
COPY OF MINNESOTA STATUTES, SECTION 469.177, SUBDIVISION 8
Assessment agreements. An authority may enter into a written assessment agreement with any
person establishing a minimum market value of land, existing improvements, or improvements to
be constructed in a district, if the property is owned or will be owned by the person. The minimum
market value established by an assessment agreement may be fixed, or increase or decrease in later
years from the initial minimum market value. If an agreement is fully executed before July 1 of an
assessment year, the market value as provided under the agreement must be used by the county or
local assessor as the taxable market value of the property for that assessment. Agreements executed
on or after July 1 of an assessment year become effective for assessment purposes in the following
assessment year. An assessment agreement terminates on the earliest of the date on which
conditions in the assessment agreement for termination are satisfied, the termination date specified
in the agreement, or the date when tax increment is no longer paid to the authority under section
469.176, subdivision 1. The assessment agreement shall be presented to the county assessor, or
city assessor having the powers of the county assessor, of the jurisdiction in which the tax
increment financing district and the property that is the subject of the agreement is located. The
assessor shall review the plans and specifications for the improvements to be constructed, review
the market value previously assigned to the land upon which the improvements are to be
constructed and, so long as the minimum market value contained in the assessment agreement
appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following
certification upon the agreement:
The undersigned assessor, being legally responsible for the assessment of the above
described property, certifies that the market values assigned to the land and
improvements are reasonable
The assessment agreement shall be filed for record and recorded in the office of the county recorder
or the registrar of titles of each county where the real estate or any part thereof is situated. After
the agreement becomes effective for assessment purposes, the assessor shall value the property
under section 273.11, except that the market value assigned shall not be less than the minimum
market value established by the assessment agreement. The assessor may assign a market value to
the property in excess of the minimum market value established by the assessment agreement. The
owner of the property may seek, through the exercise of administrative and legal remedies, a
reduction in market value for property tax purposes, but no city assessor, county assessor, county
auditor, board of review, board of equalization, commissioner of revenue, or court of this state
shall grant a reduction of the market value below the minimum market value established by the
assessment agreement during the term of the agreement filed of record regardless of actual market
values which may result from incomplete construction of improvements, destruction, or
diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition
of the property by a public entity. Recording an assessment agreement constitutes notice of the
agreement to anyone who acquires any interest in the land or improvements that is subject to the
assessment agreement, and the agreement is binding upon them.
An assessment agreement may be modified or terminated by mutual consent of the current parties
to the agreement. Modification or termination of an assessment agreement must be approved by
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the governing body of the municipality. If the estimated market value for the property for the most
recently available assessment is less than the minimum market value established by the assessment
agreement for that or any later year and if bond counsel does not conclude that termination of the
agreement is necessary to preserve the tax exempt status of outstanding bonds or refunding bonds
to be issued, the modification or termination of the assessment agreement also must be approved
by the governing bodies of the county and the school district. A document modifying or
terminating an agreement, including records of the municipality, county, and school district
approval, must be filed for record. The assessor's review and certification is not required if the
document terminates an agreement. A change to an agreement not fully executed before July 1 of
an assessment year is not effective for assessment purposes for that assessment year. If an
assessment agreement has been modified or prematurely terminated, a person may seek a reduction
in market value or tax through the exercise of any administrative or legal remedy. The remedy may
not provide for reduction of the market value below the minimum provided under a modified
assessment agreement that remains in effect. In no event may a reduction be sought for a year other
than the current taxes payable year.
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EXHIBIT C
ASSESSOR’S CERTIFICATE
The undersigned, being the duly qualified and acting assessor of the City of St.
Anthony, Minnesota, hereby certifies that.
1. I am the assessor responsible for the assessment of the Land described in the
foregoing Exhibit A;
2. I have read the foregoing Assessment Agreement dated as of [Month] 1, 2021;
3. I have received and read a duplicate original of the Redevelopment Agreement
referred to in the Assessment Agreement;
4. I have received and reviewed the architectural and engineering plans and
specifications for the portion of the Project agreed to be constructed on the Land pursuant to the
Redevelopment Agreement;
5. I have received and reviewed an estimate prepared by the Developer of the cost
of the Land and the portion of the Project to be constructed thereon;
6. I have reviewed the market value previously assigned to the Land on which the
applicable portion of the Project is to be constructed, and the minimum market value to be assigned
to the Land and the portion of the Project located thereon by the Assessment Agreement is a
reasonable estimate; and
7. I hereby certify that the market value assigned to the Land and the portion of the
Project located thereon described on the foregoing Exhibit A by the Assessment Agreement is
reasonable and the market value assigned to the Land and the portion of the Project located thereon,
for the assessment January 2, 20__, shall be not less than $___________, and for the assessment
made as of January 2, 20__, and continuing throughout the term of this Assessment Agreement,
shall be not less than $_______________.
Dated: ____________, 20__.
City Assessor, City of St. Anthony, Minnesota
148
EXHIBIT F
FORM OF LIMITED TAX INCREMENT REVENUE NOTE
No. R-_____ $[__________]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF ST. ANTHONY
LIMITED REVENUE TAXABLE TAX INCREMENT NOTE
(DEVELOPMENT 65, LLC PROJECT)
PRINCIPAL AMOUNT: $ INTEREST RATE: [__]%
The Housing and Redevelopment Authority of St. Anthony (the “HRA”) for value
received, promises to pay, but solely from the source, to the extent and in the manner hereinafter
provided, to [Developer], or its registered assigns (the “Owner”), the principal sum of
_______________ ($_________), in semi-annual installments payable on August 1, 2023, and on
each February 1 and August 1 thereafter up to and including February 1, 2032 (each being a
“Scheduled Payment Date”), together with interest on the outstanding and unpaid principal balance
of this Note at the rate of [__] ([__]%) per annum. Installment payments shall be applied first to
interest and then to a reduction of outstanding principal. Interest on the outstanding balance of this
Note shall accrue from the date hereof as simple, non-compounding interest. Each payment on this
Note is payable in any coin or currency of the United States of America which on the date of such
payment is legal tender for public and private debts and shall be made by check or draft made
payable to the Owner and mailed to the Owner at the postal address within the United States
designated from time to time by the Owner.
This Note is subject to prepayment on any Scheduled Payment Date at the option of the
HRA, in whole or in part, upon payment to the Owner of the principal amount of the Note to be
prepaid, without premium or penalty.
This Note is a special and limited obligation and not a general obligation of the HRA,
which has been issued by the HRA in aid of financing a project pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota, including M.S., Sections 469.174 through
469.1794. This Limited Tax Increment Revenue Note (Development 65, LLC Project) (or “Note”)
is issued pursuant to the provisions of that certain Redevelopment Agreement, dated as of [Month]
1, 2021, as the same may be amended from time to time (the “Redevelopment Agreement”), by
and between the HRA, the City of St. Anthony, Minnesota (the “City”) and SA Senior Living LLC
(the “Developer”).
THIS NOTE IS NOT PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER
THAN PLEDGED TAX INCREMENT, AS DEFINED BELOW.
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The Note Payment Amounts due hereon shall be payable solely from a portion of the tax
increments, less the HRA’s administrative fee of ten percent (10%), from the Development
Property within the HRA’s Lowry Grove Tax Increment Financing District (the “Tax Increment
District”) within its Redevelopment Project Area No. 3, which are paid to the HRA and which the
HRA is entitled to retain pursuant to the provisions of M.S., Sections 469.174 through 469.1794,
as the same may be amended or supplemented from time to time (the “Available Tax Increment”).
The HRA makes no representation or covenant, express or implied, that the Available Tax
Increments will be sufficient to pay, in whole or in part, the amounts which are or may become
due and payable hereunder.
The HRA shall pay to the Owner on each Scheduled Payment Date all Available Tax
Increment on that date to the extent necessary to pay principal and interest then due and any past
due installment. To the extent that the HRA is unable to pay the total principal and interest due on
this Note at or prior to the February 1, 2032 maturity date hereof as a result of its having received
as of such date insufficient Available Tax Increment, such failure shall not constitute a default
under this Note and the HRA shall have no further obligation hereon.
This Note shall not be payable from or constitute a charge upon any funds of the HRA, and
the HRA shall not be subject to any liability hereon or be deemed to have obligated itself to pay
hereon from any funds except the Available Tax Increment, and then only to the extent and in the
manner herein specified.
The Owner shall never have or be deemed to have the right to compel any exercise of any
taxing power of the HRA or of any other public body, and neither the HRA nor any council
member, officer, employee or agent of the HRA, nor any person executing or registering this Note
shall be personally liable hereon by reason of the issuance or registration hereof or otherwise. The
Owner may assign its rights hereunder, with notice thereof provided to HRA, in accordance with
the associated Redevelopment Agreement.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required
by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be
performed precedent to and in the issuance of this Note have been done, have happened, and have
been performed in regular and due form, time, and manner as required by law; and that this Note,
together with all other indebtedness of the HRA outstanding on the date hereof and on the date of
its actual issuance and delivery, does not cause the indebtedness of the HRA to exceed any
constitutional or statutory limitation thereon.
IN WITNESS WHEREOF, the Housing and Redevelopment Authority of St. Anthony
has caused this Note to be executed by the manual signatures of the Chair and the Executive
Director and has caused this Note to be dated as of _________________, 20__.
Chair Executive Director
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EXHIBIT G
FORM OF DECLARATION OF COVENANTS AND RESTRICTIONS
(Affordable Housing)
THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this “Declaration”) is made
as of the [_____] day of [_______], 2021, by SA SENIOR LIVING LLC, a Minnesota limited liability
company (“Declarant”).
Recitals
A. Declarant is the owner of certain real property situated in the city of St. Anthony
(the “City”), county of Hennepin and Ramsey, state of Minnesota, legally described in the
attached Exhibit A (the “Property”).
B. Declarant and the Housing and Redevelopment Authority of St. Anthony,
Minnesota, a public body corporate and politic organized and existing under the laws of the
State of Minnesota (the “Authority”) are parties to that certain Redevelopment Agreement
dated [_______] [__], 2021 (as may be amended from time to time, the “Redevelopment
Agreement”).
C. The Redevelopment Agreement provides for the redevelopment of the Property
by Declarant with the cooperation and assistance of the Authority and provides for the
expenditure of certain public funds to assist in such redevelopment of the Property and
construction thereon of a 135-unit senior care facility with independent living, assisted living
and memory care (the “Project”).
D. Pursuant to the Redevelopment Agreement, Declarant has agreed to impose
certain restrictive covenants upon the Property to ensure that at least seven (7) units or, five
percent (5%) of the total units, within the Project will be reserved for households who have a
combined gross annual income which does not exceed 50% of the Area Median Income
(“AMI”) (“Affordable Units”).
E. Declarant, under this Declaration, intends, declares, and covenants that the
restrictive covenants set forth herein governing the use, occupancy, and transfer of the Project
shall be and are covenants running with the Property for the Term stated herein and binding
upon all subsequent owners of the Property for such Term, and are not merely personal
covenants of Declarant.
F. Capitalized terms in this Declaration have the meaning provided in the
Redevelopment Agreement unless otherwise defined herein.
NOW, THEREFORE, Declarant makes the following Declaration, hereby specifying that said
Declaration shall constitute covenants to run with the land and shall be binding on all parties in interest and
their respective successors and assigns:
1. Use Restriction. The Property shall not be used for any purpose other than a senior care
facility with independent living, assisted living and memory care and related activities meeting the
requirements set forth in Section 2 hereof, without the prior written approval of the City and the Authority
during the period commencing on the date hereof (“Commencement Date”) and ending on the later to occur
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of the (a) 15-year anniversary of the Commencement Date and (b) expiration of the last of the leases with
a Qualifying Tenant for an Affordable Unit (the “Term”). Declarant’s obligation to operate the Project
subject to this Declaration for the Term is independent of the existence and continuance of any public
assistance contemplated or given by the Authority or the City to Declarant under the Redevelopment
Agreement, or otherwise (“Public Assistance”). The provisions of this Declaration are intended to survive
the termination or extinguishment of any Public Assistance, any mortgage securing the same, and any other
security instruments placed of record in connection with the Public Assistance and to survive the
termination of any subsequent financing or security instruments placed of record by other lenders.
2. Occupancy Requirements and Restrictions.
(a) Affordable Units. At least at least seven (7) units or, five percent (5%) of the total
units, within the Project will be studio or one-bedroom independent or assisted
living units reserved for households who have a combined gross annual income
which does not exceed 50% of AMI.
For purposes of this Declaration, “AMI” means the Area Median Income for the
Minneapolis-Saint Paul-Bloomington Metropolitan Statistical Area (including adjustments for
household size), as determined by the U.S. Department of Housing and Urban Development
(“HUD”).
(b) Qualifying Tenants. Each Affordable Unit shall be leased to and occupied (or held
vacant and available for occupancy) for the duration of the Term only by a
household who, at initial occupancy, has a combined gross annual income which
does not exceed the AMI threshold for the Affordable Unit (each a “Qualifying
Tenant”). Each subsequent tenant of an Affordable Unit must be a Qualifying
Tenant.
(c) Rental Rates. The monthly rental cost for each Affordable Unit will include rent
and utility costs for the metropolitan area that includes the City adjusted for
bedroom size and calculated annually by the Department of Housing and Urban
Development and posted by Minnesota Housing for establishing rent limits for the
Housing Tax Credit Program. During the Qualified Project Period, the form of
lease to be utilized by Developer in renting Affordable Units will provide that
rental rates charged to any tenant of an Affordable Unit cannot be increased more
than once in any 12-month period.
(d) Certification of Tenant Eligibility. No tenant household shall be approved by
Declarant for initial occupancy of an Affordable Unit unless and until Declarant
has determined (through verification of income, assets, expenses, and deductions)
whether such tenant household is a Qualifying Tenant. Each person who is
intended to be a Qualifying Tenant will be required at the commencement of the
initial lease of an Affordable Unit to sign and deliver to Declarant a “Certification
of Tenant Eligibility” substantially in the form attached as Exhibit B, or in any
other form as may be approved in writing by the Executive Director of the
Authority or the City Manager of the City (the “Eligibility Certification”), in which
the prospective tenant certifies as to qualifying as a Qualifying Tenant. Eligibility
Certifications may be obtained no more than 120 days before a Qualifying Tenant
occupies an Affordable Unit. In addition, the person will be required to provide
whatever other information, documents, or certifications are deemed necessary by
the Authority or the City to substantiate the Eligibility Certification. Eligibility
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Certifications will be maintained on file by Declarant with respect to each
Qualifying Tenant who resides or resided in an Affordable Unit for a period of 10
years following the end of the Term, unless, following written request from the
Declarant identifying Eligibility Certifications that Developer wishes to discard,
the HRA consents to the Declarant’s request to discard said Eligibility
Certification. Declarant must re-examine and verify the income of each tenant
household living in an Affordable Unit annually unless, during such year, no
Affordable Unit is occupied by a new tenant household whose income exceeds the
applicable income limit for Qualifying Tenants. In addition, no re-certification
shall be required if a Qualifying Tenant moves to a different Affordable Unit.
(e) Leases. The Affordable Units shall be rented pursuant to a written lease, and the
term of each such lease shall be least 12 months, except that during the final year
of the Term, new leases for the Affordable Units may be for a term of no less than
six months, and such newly leased Affordable Units shall be subject to the terms
and conditions of this Declaration until the expiration of such new leases. In
addition, the form of lease to be utilized by Declarant in renting any Affordable
Unit to any person who is intended to be a Qualifying Tenant shall:
(i) not require a security deposit in excess of the amount of one month
of rent in connection with any Affordable Unit;
(ii) provide that rental rates charged to any Qualifying Tenant of an
Affordable Unit cannot be increased more than once in any 12-month
period.
(iii) provide for termination of the lease and consent by the person to
eviction for failure to qualify as a Qualifying Tenant as a result of any
material misrepresentation made by the person with respect to the
Eligibility Certification;
(iv) include a clause wherein each individual tenant or tenant certifies
the accuracy of the statements made in its application and Eligibility
Certification; and
(v) include a clause wherein each individual tenant or tenant certifies
that the family income at the time the lease is executed will be deemed
substantial and material obligation of the tenant’s tenancy; that the tenant
will comply promptly with all requests for income and other information
relevant to determining low or moderate income status from Declarant, the
Authority, or the City, and that the tenant’s failure or refusal to comply
with a request for information with respect thereto will be deemed a
violation of a substantial obligation of the tenant’s tenancy of its
Affordable Unit.
3. Enforcement of Covenants and Restrictions.
(a) Annual Certification. Declarant shall prepare and submit to the Authority and the
City, annually for approval on the basis of compliance with this Declaration, a
certificate substantially in the form of the attached Exhibit C, executed by
Declarant, (i) identifying the tenancies and the dates of occupancy (or vacancy) for
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all Qualifying Tenants, including the percentage of the dwelling units of the Project
which were occupied by Qualifying Tenants (or held vacant and available for
occupancy by Qualifying Tenants) at all times during the year preceding the date
of the certificate; (ii) describing all transfers or other changes in ownership of the
Project or any interest therein; and (iii) stating that all Affordable Units were rented
or available for rental on a continuous basis during the year to Qualifying Tenants
and that Declarant was not otherwise in default under this Declaration during the
year. The initial deadline for submission of such certification is three months
following the Commencement Date and thereafter an annual deadline for
submission of January 31.
(b) Books and Records. Declarant shall permit, during normal business hours and upon
reasonable notice, any duly authorized representative of the Authority or City, to
inspect any books and records of Declarant regarding the Project with respect to
the incomes of tenant households of Affordable Units and the rents charged for
Affordable Units to ensure compliance with the requirements of this Declaration.
At the City’s or Authority’s request, Declarant will submit any other information,
documents or certifications that Declarant, in its reasonable discretion, deems
necessary to substantiate Declarant’s compliance with the requirements of this
Declaration.
(c) Delegation; Third-Party Monitoring. Each of the Authority and the City may, in
their reasonable discretion, delegate their obligations hereunder and
responsibilities for monitoring and enforcement of this Declaration to a separate
subdivision of the City and/or one or more designated contractors, subcontractors,
or agents. Declarant shall, upon annual invoicing, reimburse the Authority and the
City for third-party expenses related to monitoring of Declarant’s compliance with
this Declaration, including any additional costs necessitated by re-inspections for
noncompliance with this Declaration.
(d) Reserved.
(e) Notice of Non-Compliance. Declarant shall immediately notify the Authority and
the City if at any time during the term of this Declaration the dwelling units in the
Project are not occupied or available for occupancy as required by the terms of this
Declaration.
4. Additional Covenants, Representations, and Warranties of Declarant.
(a) Legal Compliance. Declarant shall maintain the Affordable Units and the Project
in compliance with all requirements of the Redevelopment Agreement, any
requirements of any lender whose loan is secured by a mortgage to which
Declarant is a party or by which it or the Project is bound, and applicable
ordinances, building and use restrictions, code-required building permits, and any
requirements with respect to licenses, permits, and agreements necessary for the
lawful use and operation of the Project.
(b) No Violation. The execution and performance of this Declaration by Declarant (i)
will not violate or, as applicable, have not violated any provision of law, rule or
regulation, or any order of any court or other agency or governmental body, and
(ii) will not violate or, as applicable, have not violated any provision of any
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indenture, agreement, mortgage, mortgage note, or other instrument to which
Declarant is a party or by which it or the Project is bound, and (iii) will not result
in the creation or imposition of any prohibited encumbrance of any nature.
(c) Section 8 Housing. Declarant shall accept tenants who are recipients of federal
certificates for rent subsidies pursuant to the existing program under Section 8 of
the United States Housing Act of 1937, as amended, codified as 42 U.S.C. Sections
1401 et seq., or its successor. Declarant shall not adopt any policies specifically
excluding rental to tenants holding Section 8 certificate/voucher holders solely
because of the status of the prospective tenant as such a holder.
(d) Underserved Populations. Declarant shall affirmatively market the Affordable
Units to one or more traditionally underserved populations as affordable at the
rates required hereunder.
(e) Consents and Subordination. Declarant shall obtain the consent to this Declaration
of any prior recorded lien-holder for the Property and shall cause such liens to be
subordinated to this Declaration. Declarant has not and will not execute any other
agreement with provisions contradictory to, or in opposition to, the provisions
hereof and that, in any event, the requirements of this Declaration are paramount
and controlling as to the rights and obligations set forth herein and supersede any
other document's provisions in conflict herewith.
(f) Transfer Restrictions. Subject to the terms and conditions of the Redevelopment
Agreement, Declarant may sell, transfer or exchange the Project, the Property or
any portion thereof, but Declarant shall notify the Authority and the City in writing
at least 60 days prior to such sale, transfer or exchange, and use commercially
reasonable efforts to obtain the acknowledgment of any buyer or successor or other
person acquiring the Project or any interest therein that such acquisition is subject
to the covenants and restrictions of this Declaration (and to the requirements of
Redevelopment Agreement incorporated herein). Such notification shall not be
required by any lender foreclosing on the Property, or any subsequent sale by such
lender. Failure by Declarant to obtain such acknowledgment shall not be deemed
to impair the covenants and restrictions of this Declaration.
(g) Alterations; Use. Declarant shall not demolish any part of the Project or
substantially subtract from any real or personal property of the Project or permit
the use of any residential unit for any purpose other than rental housing during the
Term of this Declaration unless required by law.
(h) Casualty. Promptly upon any casualty loss or damage to all or any part of the
Project (including subsurface structural support elements), Declarant shall proceed
with diligence to restore the Project to the condition prior to the casualty with the
insurance proceeds obtained with respect to the loss or damage to the extent the
insurance proceeds recovered allow for such rebuilding; provided, however,
Declarant shall not be obligated to rebuild the Project if any of Declarant’s lenders
or loan agreements (whether executed before or after the date hereof) do not permit
155
such rebuilding or require that insurance amounts recovered with respect to any
loss or damage to the Project be paid directly to the lender.
(i) Remedies; Enforceability. In the event of a violation or attempted violation of any
of the covenants, conditions or restrictions herein contained, the City or the
Authority may institute and prosecute any proceeding at law or in equity to abate,
prevent or enjoin any such violation, or enforce specific performance by Declarant
of the covenants, obligations, conditions and/or restrictions set forth herein, or to
recover monetary damages caused by such violation or attempted violation.
Declarant specifically acknowledges that the City and the Authority cannot be
adequately compensated by monetary damages in the event of any default
hereunder. Unless terminated as provided herein, the provisions hereof are
imposed upon and made applicable to the Project, and shall be enforceable against
Declarant, each purchaser, grantee, owner or tenant of the Project and the
respective heirs, legal representatives, successors and assigns of each. No delay in
enforcing the provisions of said covenants, conditions and restrictions as to any
breach or violation shall impair, damage or waive the right to enforce the same or
to obtain relief against or recover for the continuation or repetition of such breach
or violation or any similar breach or violation thereof at any later time or times. In
addition to any remedy set forth herein for failure to comply with the restrictions
set forth in this Declaration, the City or the Authority may exercise any remedy
available to it under the Redevelopment Agreement.
5. Indemnification. Declarant hereby indemnifies, and agrees to defend and hold harmless,
the Authority, the City, and their respective officers, officials, employees, and agents, from and against all
liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of
action, suits, allegations, claims, demands, and judgments of any nature arising from the consequences of
a legal or administrative proceeding or action brought against them, or any of them, on account of any
failure by Declarant to comply with the terms of this Declaration, or on account of any representation or
warranty of Declarant contained herein being untrue.
6. Covenants Running With the Land. Declarant intends, declares and covenants, on behalf
of itself and all future owners and operators of the Property and the Project during the Term, that this
Declaration and the covenants and restrictions set forth in this Declaration regulating and restricting the
use, occupancy and transfer of the Property and the Project (a) shall be and are covenants running with the
Property and the Project, encumbering the Property and the Project for the Term, binding upon Declarant’s
successors in title and all subsequent owners and operators of the Property and the Project; (b) are not
merely personal covenants of Declarant; and (c) shall bind Declarant (and the benefits shall inure to the
Authority and the City) and its respective successors and assigns during the Term. Declarant hereby agrees
that any and all requirements of the laws of the State of Minnesota to be satisfied in order for the provisions
of this Declaration to constitute deed restrictions and covenants running with the land shall be deemed to
be satisfied in full and that any requirements of privileges of estate are intended to be satisfied, or in the
alternate, that an equitable servitude has been created to insure that these restrictions run with the land. For
the Term, each and every contract, deed or other instrument hereafter executed conveying the Property and
the Project or portion thereof shall expressly provide that such conveyance is subject to this Declaration;
provided, however, that the covenants contained herein shall survive and be effective regardless of whether
such contract, deed or other instrument hereafter executed conveying the Property and the Project or portion
thereof provides that such conveyance is subject to this Declaration.
7. Notices. Any notice, approval, consent, payment, demand, communication, authorization,
delegation, recommendation, agreement, offer, report, statement, certification or disclosure required or
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permitted to be given or made under this Declaration, whether or not expressly so stated, shall not be
effective unless and until given or made in writing and shall be deemed to have been duly given or made
as of the following date: (a) if delivered personally by courier or otherwise, then as of the date delivered or
if delivery is refused, then as of the date presented; or (b) if sent or mailed by certified U.S. mail, return
receipt requested, or by Federal Express, Express Mail or other mail or overnight courier service, then as
of the date received. All such communications shall be addressed as follows (which address(es) for a party
may be changed by that party from time to time by notice to the other parties). No such communications to
a party shall be effective unless and until deemed received at all address(es) for such party:
Declarant at: SA Senior Living LLC
15102 Minnetonka Industrial Road
Minnetonka, MN 55345
Attention: Robert Wall
with a copy to: Siegel Brill, P.A.
Attention: Anthony J. Gleekel
100 Washington Avenue South, Suite 1300
Minneapolis, MN 55401
The Authority at: Housing and Redevelopment Authority of St. Anthony Minnesota
3301 Silver Lake Road NE
St. Anthony, Minnesota 55418
Attention: Executive Director
with a copy to: Dorsey & Whitney LLP
Attention: Jay R. Lindgren
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402
The City at: City of St. Anthony
3301 Silver Lake Road NE
St. Anthony, Minnesota 55418
Attention: City Manager
with a copy to: Dorsey & Whitney LLP
Attention: Jay R. Lindgren
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402
or at such other address with respect to any such party as that party may, from time to time, designate in
writing and forward to the other, as provided in this Section.
8. Amendment. The provisions of this Declaration shall not be amended, terminated
or deleted during the Term hereof, except by an instrument in writing duly executed by the
Authority, the City, and Declarant, their respective successors and assigns.
9. Attorneys’ Fees. In case any action at law or in equity, including an action for declaratory
relief, is brought against Declarant to enforce the provisions of this Declaration, Declarant agrees to pay
the reasonable attorneys’ fees and other reasonable expenses paid or incurred by the City and/or the
Authority in connection with the action.
157
10. Governing Law. This Declaration is governed by the laws of the state of Minnesota and,
where applicable, the laws of the United States of America.
11. Severability. If any provisions hereof shall be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining portions shall not in any way be affected or impaired.
[Remainder of Page Intentionally Left Blank. Signature Pages Follows]
158
IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the date first
written above
SA SENIOR LIVING LLC, a Minnesota limited
liability company
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me on this ___ day of ___________,
2021, by _____________, the _____________ of SA Senior Living LLC, a Minnesota limited
liability company, on behalf of the company.
IN WITNESS WHEREOF, I have set my hand and my official seal this ___ day of
__________, 2021.
Notary Public
.
THIS DOCUMENT WAS DRAFTED BY:
Dorsey & Whitney LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402-1498
159
Exhibit A
Legal Description of the Property
The real property and interests in such property located in the County of Ramsey, State of
Minnesota and described as follows:
Approximately 4.28 acres (Tract B) described as: The east 260.00 feet of that part of the South
1/2 of the Northwest Quarter of Section 7, Township 29, Range 23, beginning at a point in the
South line of said Tract 100 feet East of the Southwest corner thereof; thence North 1079.8 feet;
thence East parallel to the South line of said quarter section 1041.74 feet; thence South to center
of State Highway No. 63; thence southwesterly along said center line of State Highway No. 63
and St. Anthony and Taylor Falls Road to intersection of center line of said road with the South
line of said quarter section; thence West along said latter line to the point of beginning, except
that part thereof embraced in the South 365 feet of the West 395 feet of the Southwest Quarter of
the Northwest Quarter of said Section 7 and except the easterly 100 feet thereof.
160
Exhibit B
Form of Certification of Tenant Eligibility
161
162
Exhibit C
Form of Certificate of Continuing Program Compliance
Certificate of
Continuing Program Compliance
Date: ___________________
The following information with respect to the Project located at _______________, St. Anthony,
Minnesota (the “Project”), is being provided by SA SENIOR LIVING LLC, a Minnesota limited liability
company (“Declarant”) to the City of St. Anthony, Minnesota, a Minnesota statutory city (the “City”) and
the Housing and Redevelopment Authority of the City of St. Anthony, Minnesota, a public body corporate
and politic organized and existing under the laws of the State of Minnesota (the “Authority”), pursuant to
that certain Declaration of Covenants and Restrictions (Affordable Housing) dated ________________
___, 20___ (the “Declaration”), with respect to the Project:
(A) The total number of Affordable Units which are available for occupancy is 7 [or
5% of total units]. The total number of these units occupied is _________________.
(B) The total number of units occupied by “Qualifying Tenants,” as the term is defined
in the Declaration (for a total of 7 units [or 5% of total units]) is ____________ (may use the Table
below or attach a rent roll)
___________ _________________ _________________
Unit
Number Name of Tenant
Number of
Persons
Residing in
the Unit
Number of
Bedrooms
Total Adjusted
Gross Income
Date of Initial
Occupancy Rent
1
2
3
4
5
6
7
163
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(C) Declarant has obtained a “Certification of Tenant Eligibility,” in form materially
consistent with the form provided as Exhibit B to the Declaration, from each Tenant named in
above, and each such Certificate is being maintained by Declarant in its records with respect to the
164
Project. Attached hereto is the most recent “Certification of Tenant Eligibility” for each Tenant
named in (B) above who signed such a Certification since ______________, _____, the date on
which the last “Certificate of Continuing Program Compliance” was filed with the Authority and
the City by Declarant.
(D) In renting the residential units in the Project, Declarant has not given preference to
any particular group or class of persons (except for persons who qualify as Qualifying Tenants);
and none of the units listed in (B) above have been rented for occupancy entirely by students, no
one of which is entitled to file a joint return for federal income tax purposes. All of the residential
units in the Project have been rented pursuant to a written lease, and the term of each lease is at
least twelve (12) months.
(E) The information provided in this “Certificate of Continuing Program Compliance”
is accurate and complete in all material respect, and no matters have come to the attention of
Declarant which would indicate that any of the information provided herein, or in any “Certification
of Tenant Eligibility” obtained from the Tenants named herein, is inaccurate or incomplete in any
material respect.
(F) The Project is in continuing compliance with the Declaration.
(G) Declarant certifies that as of the date hereof at least 7 [or 5% of total units] of the
residential dwelling units in the Project are occupied or held open for occupancy by Qualifying
Tenants, as defined and provided in the Declaration.
(H) The rental levels for each Qualifying Tenant comply with the maximum permitted
under the Declaration.
IN WITNESS WHEREOF, I have hereunto affixed my signature, on behalf of Declarant, on
____________________, 20___.
SA SENIOR LIVING LLC, a Minnesota limited
liability company
By:
Its:
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166
CITY OF ST. ANTHONY
HENNEPIN COUNTY
STATE OF MINNESOTA
Council member ______________________ introduced the following resolution and moved its adoption:
RESOLUTION 21-027
RESOLUTION AUTHORIZING THE EXECUTION OF A REDEVELOPMENT
AGREEMENT
BE IT RESOLVED by the City Council (the “Council”) of the City of St. Anthony, Minnesota (the
“City”), as follows:
Section 1. Recitals.
1.01. The City has heretofore established Redevelopment Project Area No. 3 (the “Project Area”)
and adopted the Development Program therefor and adopted a Modification to the Development Program
(the “Development Program Modification”) for the Project Area and established the Lowry Grove TIF
District (the “District”) therein and adopted a Tax Increment Financing Plan (the “TIF Plan”) therefor (the
Development Program Modification and the TIF Plan are referred to collectively herein as the “Program
and Plan”); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections
469.001 to 469.047 and Sections 469.174 to 469.1794, all inclusive, as amended, (the “Act”) all as reflected
in the Program and Plan.
Section 2. Approval of Redevelopment Agreement.
2.01. There has been prepared and presented to the Council for its consideration a certain
Redevelopment Agreement (the “Agreement”) among the City, the St. Anthony Housing & Redevelopment
Authority, and SA Senior Living LLC (the “Developer”) stating the Developer’s responsibilities and the
terms and conditions of the City’s assistance with the financing of a Project on the Development Property
(as such terms are defined in the Agreement) within the District.
2.02. The Council hereby approves the Agreement, together with any related documents
necessary in connection therewith (collectively, the “Development Documents”) substantially in the form
presented to the Council and hereby authorizes Mayor and City Manager, in their discretion and at such
time, if any, as they may deem appropriate, to finalize and execute the same on behalf of the City, and to
carry out, on behalf of the City, the City’s obligations thereunder.
2.03. The approval hereby given to the Development Documents includes approval of such
additional details therein as may be necessary and appropriate and such modifications thereof, deletions
therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the
City and by the officers authorized herein to execute said documents prior to their execution; and said
officers are hereby authorized to approve said changes on behalf of the City. The execution of any
instrument by the appropriate officers of the City herein authorized shall be conclusive evidence of the
167
approval of such document in accordance with the terms hereof. In the event of absence or disability of the
officers, any of the documents authorized by this Resolution to be executed may be executed without further
act or authorization of the Council by any duly designated acting official, or by such other officer or officers
of the Council as, in the opinion of the City Attorney, may act in their behalf.
2.04. Upon execution and delivery of the Development Documents, the officers and employees of
the City are hereby authorized and directed to take or cause to be taken such actions as may be necessary
on behalf of the City to implement the Development Documents.
2.05. The Council hereby determines that the execution and performance of the Development
Documents will help realize the public purposes of the Act.
The motion for the adoption of the foregoing resolution was duly seconded by Council member
_________________, and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Dated: March 23, 2021
Randy Stille, Mayor
ATTEST:
Nicole Miller, City Clerk
Reviewed for administration:
Charlie Yunker, City Manager
168
169
170
171
172
173
174
175
City of St Anthony, Minnesota
$3,100,000 General Obligation Bonds, Series 2021A
Issue Summary - New Money & Current Ref 2013B
Assumes Current Market BQ AA Rates plus 20bps
Total Issue Sources And Uses
Dated 05/18/2021 | Delivered 05/18/2021
Road
Reconstruction Mill/Overlay
Current Ref
2013B GO
Imp
Issue
Summary
Sources Of Funds
Par Amount of Bonds $1,400,000.00 $765,000.00 $935,000.00 $3,100,000.00
Planned Issuer Equity contribution --70,000.00 70,000.00
Prepaid Assessments 68,462.00 106,568.00 -175,030.00
Total Sources $1,468,462.00 $871,568.00 $1,005,000.00 $3,345,030.00
Uses Of Funds
Total Underwriter's Discount (1.200%)16,800.00 9,180.00 11,220.00 37,200.00
Costs of Issuance 26,193.56 14,312.90 17,493.54 58,000.00
Deposit to Capitalized Interest (CIF) Fund 9,777.40 4,025.16 -13,802.56
Deposit to Project Construction Fund 1,415,680.00 842,000.00 -2,257,680.00
Deposit to Current Refunding Fund --977,259.17 977,259.17
Rounding Amount 11.04 2,049.94 (972.71)1,088.27
Total Uses $1,468,462.00 $871,568.00 $1,005,000.00 $3,345,030.00
Series 2021A GO Bds CR 13 | Issue Summary | 2/19/2021 | 12:38 PM
176
City of St Anthony, Minnesota
$3,100,000 General Obligation Bonds, Series 2021A
Issue Summary - New Money & Current Ref 2013B
Assumes Current Market BQ AA Rates plus 20bps
Debt Service Schedule
Date Principal Coupon Interest Total P+I Fiscal Total
05/18/2021 -----
02/01/2022 120,000.00 0.350%17,539.58 137,539.58 137,539.58
08/01/2022 --12,268.75 12,268.75 -
02/01/2023 285,000.00 0.400%12,268.75 297,268.75 309,537.50
08/01/2023 --11,698.75 11,698.75 -
02/01/2024 290,000.00 0.450%11,698.75 301,698.75 313,397.50
08/01/2024 --11,046.25 11,046.25 -
02/01/2025 280,000.00 0.500%11,046.25 291,046.25 302,092.50
08/01/2025 --10,346.25 10,346.25 -
02/01/2026 280,000.00 0.550%10,346.25 290,346.25 300,692.50
08/01/2026 --9,576.25 9,576.25 -
02/01/2027 280,000.00 0.650%9,576.25 289,576.25 299,152.50
08/01/2027 --8,666.25 8,666.25 -
02/01/2028 280,000.00 0.750%8,666.25 288,666.25 297,332.50
08/01/2028 --7,616.25 7,616.25 -
02/01/2029 285,000.00 0.900%7,616.25 292,616.25 300,232.50
08/01/2029 --6,333.75 6,333.75 -
02/01/2030 170,000.00 1.000%6,333.75 176,333.75 182,667.50
08/01/2030 --5,483.75 5,483.75 -
02/01/2031 170,000.00 1.100%5,483.75 175,483.75 180,967.50
08/01/2031 --4,548.75 4,548.75 -
02/01/2032 175,000.00 1.200%4,548.75 179,548.75 184,097.50
08/01/2032 --3,498.75 3,498.75 -
02/01/2033 95,000.00 1.250%3,498.75 98,498.75 101,997.50
08/01/2033 --2,905.00 2,905.00 -
02/01/2034 95,000.00 1.350%2,905.00 97,905.00 100,810.00
08/01/2034 --2,263.75 2,263.75 -
02/01/2035 95,000.00 1.450%2,263.75 97,263.75 99,527.50
08/01/2035 --1,575.00 1,575.00 -
02/01/2036 100,000.00 1.550%1,575.00 101,575.00 103,150.00
08/01/2036 --800.00 800.00 -
02/01/2037 100,000.00 1.600%800.00 100,800.00 101,600.00
Total $3,100,000.00 -$214,794.58 $3,314,794.58 -
Yield Statistics
Bond Year Dollars $21,038.61
Average Life 6.787 Years
Average Coupon 1.0209542%
Net Interest Cost (NIC)1.1977719%
True Interest Cost (TIC)1.1995371%
Bond Yield for Arbitrage Purposes 1.0136593%
All Inclusive Cost (AIC)1.4959606%
IRS Form 8038
Net Interest Cost 1.0209542%
Weighted Average Maturity 6.787 Years
Series 2021A GO Bds CR 13 | Issue Summary | 2/19/2021 | 12:38 PM
177
City of St Anthony, Minnesota
$3,100,000 General Obligation Bonds, Series 2021A
Issue Summary - New Money & Current Ref 2013B
Assumes Current Market BQ AA Rates plus 20bps
Net Debt Service Schedule
Date Principal Coupon Interest Total P+I CIF Net New D/S
Fiscal
Total
05/18/2021 -------
02/01/2022 120,000.00 0.350%17,539.58 137,539.58 (13,802.56)123,737.02 123,737.02
08/01/2022 --12,268.75 12,268.75 -12,268.75 -
02/01/2023 285,000.00 0.400%12,268.75 297,268.75 -297,268.75 309,537.50
08/01/2023 --11,698.75 11,698.75 -11,698.75 -
02/01/2024 290,000.00 0.450%11,698.75 301,698.75 -301,698.75 313,397.50
08/01/2024 --11,046.25 11,046.25 -11,046.25 -
02/01/2025 280,000.00 0.500%11,046.25 291,046.25 -291,046.25 302,092.50
08/01/2025 --10,346.25 10,346.25 -10,346.25 -
02/01/2026 280,000.00 0.550%10,346.25 290,346.25 -290,346.25 300,692.50
08/01/2026 --9,576.25 9,576.25 -9,576.25 -
02/01/2027 280,000.00 0.650%9,576.25 289,576.25 -289,576.25 299,152.50
08/01/2027 --8,666.25 8,666.25 -8,666.25 -
02/01/2028 280,000.00 0.750%8,666.25 288,666.25 -288,666.25 297,332.50
08/01/2028 --7,616.25 7,616.25 -7,616.25 -
02/01/2029 285,000.00 0.900%7,616.25 292,616.25 -292,616.25 300,232.50
08/01/2029 --6,333.75 6,333.75 -6,333.75 -
02/01/2030 170,000.00 1.000%6,333.75 176,333.75 -176,333.75 182,667.50
08/01/2030 --5,483.75 5,483.75 -5,483.75 -
02/01/2031 170,000.00 1.100%5,483.75 175,483.75 -175,483.75 180,967.50
08/01/2031 --4,548.75 4,548.75 -4,548.75 -
02/01/2032 175,000.00 1.200%4,548.75 179,548.75 -179,548.75 184,097.50
08/01/2032 --3,498.75 3,498.75 -3,498.75 -
02/01/2033 95,000.00 1.250%3,498.75 98,498.75 -98,498.75 101,997.50
08/01/2033 --2,905.00 2,905.00 -2,905.00 -
02/01/2034 95,000.00 1.350%2,905.00 97,905.00 -97,905.00 100,810.00
08/01/2034 --2,263.75 2,263.75 -2,263.75 -
02/01/2035 95,000.00 1.450%2,263.75 97,263.75 -97,263.75 99,527.50
08/01/2035 --1,575.00 1,575.00 -1,575.00 -
02/01/2036 100,000.00 1.550%1,575.00 101,575.00 -101,575.00 103,150.00
08/01/2036 --800.00 800.00 -800.00 -
02/01/2037 100,000.00 1.600%800.00 100,800.00 -100,800.00 101,600.00
Total $3,100,000.00 -$214,794.58 $3,314,794.58 (13,802.56)$3,300,992.02 -
Series 2021A GO Bds CR 13 | Issue Summary | 2/19/2021 | 12:38 PM
178
City of St Anthony, Minnesota
$3,100,000 General Obligation Bonds, Series 2021A
Issue Summary - New Money & Current Ref 2013B
Assumes Current Market BQ AA Rates plus 20bps
Debt Service Schedule
Date Principal Coupon Interest Total P+I CIF Net New D/S 105% of Total Assessments Levy/(Surplus)
02/01/2022 120,000.00 0.350%17,539.58 137,539.58 (13,802.56)123,737.02 129,923.87 14,518.91 115,404.96
02/01/2023 285,000.00 0.400%24,537.50 309,537.50 -309,537.50 325,014.38 56,819.58 268,194.80
02/01/2024 290,000.00 0.450%23,397.50 313,397.50 -313,397.50 329,067.38 55,401.52 273,665.86
02/01/2025 280,000.00 0.500%22,092.50 302,092.50 -302,092.50 317,197.13 53,983.44 263,213.69
02/01/2026 280,000.00 0.550%20,692.50 300,692.50 -300,692.50 315,727.13 52,565.36 263,161.77
02/01/2027 280,000.00 0.650%19,152.50 299,152.50 -299,152.50 314,110.13 51,147.28 262,962.85
02/01/2028 280,000.00 0.750%17,332.50 297,332.50 -297,332.50 312,199.13 49,729.18 262,469.95
02/01/2029 285,000.00 0.900%15,232.50 300,232.50 -300,232.50 315,244.13 48,311.10 266,933.03
02/01/2030 170,000.00 1.000%12,667.50 182,667.50 -182,667.50 191,800.88 35,826.78 155,974.10
02/01/2031 170,000.00 1.100%10,967.50 180,967.50 -180,967.50 190,015.88 34,840.28 155,175.60
02/01/2032 175,000.00 1.200%9,097.50 184,097.50 -184,097.50 193,302.38 33,853.78 159,448.60
02/01/2033 95,000.00 1.250%6,997.50 101,997.50 -101,997.50 107,097.38 14,044.10 93,053.28
02/01/2034 95,000.00 1.350%5,810.00 100,810.00 -100,810.00 105,850.50 13,641.12 92,209.38
02/01/2035 95,000.00 1.450%4,527.50 99,527.50 -99,527.50 104,503.88 13,238.14 91,265.74
02/01/2036 100,000.00 1.550%3,150.00 103,150.00 -103,150.00 108,307.50 12,835.16 95,472.34
02/01/2037 100,000.00 1.600%1,600.00 101,600.00 -101,600.00 106,680.00 12,432.18 94,247.82
Total $3,100,000.00 -$214,794.58 $3,314,794.58 (13,802.56)$3,300,992.02 $3,466,041.62 $553,187.91 $2,912,853.71
Significant Dates
Dated 5/18/2021
First Coupon Date 2/01/2022
Yield Statistics
Bond Year Dollars $21,038.61
Average Life 6.787 Years
Average Coupon 1.0209542%
Net Interest Cost (NIC)1.1977719%
True Interest Cost (TIC)1.1995371%
Bond Yield for Arbitrage Purposes 1.0136593%
All Inclusive Cost (AIC)1.4959606%
Series 2021A GO Bds CR 13 | Issue Summary | 2/19/2021 | 12:38 PM
179
City of St Anthony, Minnesota
$3,100,000 General Obligation Bonds, Series 2021A
Issue Summary - New Money & Current Ref 2013B
Assumes Current Market BQ AA Rates plus 20bps
Detail Costs Of Issuance
Dated 05/18/2021 | Delivered 05/18/2021
COSTS OF ISSUANCE DETAIL
Municipal Advisor $34,000.00
Bond Counsel $11,000.00
Rating Agency Fee $12,000.00
Miscellaneous $1,000.00
TOTAL $58,000.00
Series 2021A GO Bds CR 13 | Issue Summary | 2/19/2021 | 12:38 PM
180
Resolution 21-028
Councilmember _________________ introduced the following resolution and moved its adoption:
Resolution Providing for the Sale of
$3,100,000 General Obligation Bonds, Series 2021A
A.WHEREAS, the City Council of the City of St. Anthony, Minnesota has heretofore determined that it
is necessary and expedient to issue the City's $3,100,000 General Obligation Bonds, Series 2021A
(the "Bonds"), to finance the 2021 road reconstruction and mill/overlay project in the City and to
effect a current refunding of the City's General Obligation Improvement Bonds, Series 2013B in the
City; and
B.WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its
independent municipal advisor for the Bonds in accordance with Minnesota Statutes, Section 475.60,
Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota, as
follows:
1. Authorization; Findings. The City Council hereby authorizes Ehlers to assist the City for the sale of
the Bonds.
2. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on April 27, 2021, for the
purpose of considering proposals for and awarding the sale of the Bonds.
3.Official Statement. In connection with said sale, the officers or employees of the City are hereby
authorized to cooperate with Ehlers and participate in the preparation of an official statement for the
Bonds and to execute and deliver it on behalf of the City upon its completion.
The motion for the adoption of the foregoing resolution was duly seconded by City Council Member
_______________________ and, after full discussion thereof and upon a vote being taken thereon, the
following City Council Members voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
Dated this 23rd day of March, 2021.
_____________________________________________
Nicole Miller, City Clerk
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182
March 12, 2021
Honorable Mayor, City Council and Staff
c/o Charlie Yunker, City Manager
City of St. Anthony Village
3301 Silver Lake Road NE
St. Anthony, MN 55418
Re: 2021 Street and Utility Improvement Project
St. Anthony Village, MN
WSB Project No. 015900-000
Dear Honorable Mayor, City Council, and Staff:
Following this letter are three (3) resolutions for your consideration at the March 23, 2021, City
Council Meeting. The three resolutions for your consideration are:
A Resolution Calling a Hearing for the 2021 Street and Utility Improvement Project
This resolution sets a public hearing to be held on April 27, 2021, at 7:00 pm. On February 3,
2021, bids for the 2021 Street and Utility Improvement Project and 29th Avenue NE and St.
Anthony Boulevard Mill and Overlay were opened. The low bid received for the project was
$1,896,823.85. The total cost of the improvement as presented to Council when seeking
approval of plans, which includes engineering, legal, and administrative fees was $2,533,500.
The revised estimated total cost of the improvements is $2,383,000.
A Resolution Declaring the Cost to be Assessed and Ordering Preparation of Proposed
Assessments for the 2021 Street and Utility Improvement Project
This resolution declares the amount to be assessed to be approximately $543,800.
A Resolution Calling a Hearing on the Proposed Assessments for the 2021 Street and
Utility Improvement Project
This resolution sets an assessment hearing to be held on April 27, 2021, at 7:00 pm.
If you have any questions, I will be present at the March 23, 2021, Council Meeting to discuss
with you or please call me at 612.388.9652.
Sincerely,
WSB
Justin Messner, PE
City Engineer
Attachments
cc: Jeremy Gumke, City of St. Anthony Village
Nicole Miller, City of St. Anthony Village
Katie Koscielak, WSB
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184
2021 Street and Utility
Improvement Project
CITY COUNCIL MEETING
MARCH 23, 2021
Proposed Street & Utility Improvement Project
•Skycroft Drive
(32nd Avenue to 33rd Avenue)
•Croft Drive
(32nd Avenue to 33rd Avenue)
Location
185
•31st Avenue
(Rankin Road to Old Hwy 8)
•Croft Drive
(Rankin Road to 31st Avenue)
•29th Avenue
(Stinson Boulevard to Silver Lake Road)
•St. Anthony Boulevard
(Stinson Boulevard to Kenzie Terrace)
Proposed Mill and Overlay Improvement Project
Location
•Foss Road Lift Station
Location
Proposed Sanitary Sewer
Capacity Improvements
186
Bids Received –February 3, 2021
•Engineer’s Estimate $2,101,855.00
•11 Bids Received $1,896,823.85-$2,443,550.46
•Low Bid: Northwest Asphalt $1,896,823.85
Project Costs / Funding Breakdown
Project funding from Special Assessments and 429 Public Improvement Bonds
Proposed Improvements Assessments City Cost Total
Total Street Improvements 189,300.00$ 700,700.00$ 890,000.00$
Total Sanitary Sewer Improvements -$ 192,680.00$ 192,680.00$
Total Water Main Improvements 22,300.00$ 203,700.00$ 226,000.00$
Total Storm Sewer Improvements 37,400.00$ 69,600.00$ 107,000.00$
Total Mill and Overlay Improvements 294,800.00$ 547,200.00$ 842,000.00$
Total Foss Road Sanitary Sewer Improvements -$ 56,320.00$ 56,320.00$
Total Alternate 33rd Street Storm Sewer Improvements -$ 69,000.00$ 69,000.00$
Total Proposed Improvements 543,800.00$ 1,839,200.00$ 2,383,000.00$
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Assessed Parcels –Street Reconstruction
Assessed Parcels –Mill and Overlay
188
•Council Authorizes Feasibility May 12, 2020
(1st of 8 Meetings)
•Council Accepts Feasibility August 11, 2020
(2nd of 8 Meetings)
•1st Public Informational Meeting October 21, 2020
(3rd of 8 Meetings)
•Council Approve Plans December 8, 2020
(4th of 8 Meetings)
•2nd Public Informational Meeting January 6, 2021
(5th of 8 Meetings)
•Open Bids February 3, 2021
Project Schedule
•Council Call for Hearing / Order Preparation of Assessments March 23, 2021
(6th of 8 Meetings)
•3rd Public Informational Meeting April 7, 2021
(7th of 8 Meetings)
•Public Hearing / Award Contract April 27, 2021
(8th of 8 Meetings)
•Award Sale of Bonds May 11, 2021
•Begin Construction May/June 2021
•Substantial Completion September 2021
•Final Paving June 2022
Project Schedule
189
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Notifications / Project Updates
Find additional information regarding street
reconstruction projects for the City of St.
Anthony, by visiting the “St. Anthony Village
Reconstruction Process” webpage
located under the tab
on the City’s website at
http://www.savmn.com
Additional Information
190
Questions
191
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192
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 21-029
A RESOLUTION CALLING A HEARING
FOR THE 2021 STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to direction of the City Council of the City of St. Anthony Village, a report has
been prepared with reference to the improvements:
Street & Utility Reconstruction
Skycroft Drive from 32nd Avenue to 33rd Avenue
Croft Drive from 32nd Avenue to 33rd Avenue
33rd Avenue Storm Sewer Improvements
Mill and Overlay
31st Avenue from Rankin Road to Old Highway 8
Croft Drive from Ranking Road to 31st Avenue
29th Avenue from Stinson Boulevard to Silver Lake Road
St. Anthony Boulevard from Stinson Boulevard to Kenzie Terrace
Sanitary Sewer Capacity Improvements
•Foss Road Lift Station Pumps
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that:
1.The Council will consider the improvement of such street and utilities in accordance
with the report and the assessment of abutting property for a portion of the cost of the
improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of
the improvements of $2,383,000.
2. A public hearing shall be held on such proposed improvements on the 27th day of April
2021, in the Council Chambers of the City Hall at 7:00 P.M. or as soon thereafter as
possible, and the Clerk shall give mailed and published notice of such hearing and
improvements as required by law.
3.The City Clerk is hereby directed to cause a notice of the hearing on the proposed
improvements to be published twice in the official newspaper at least one week apart
and at least three days prior to the hearing.
Adopted this 23rd day of March, 2021.
_____________________________
Randy Stille, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ______________________________
Charlie Yunker, City Manager
193
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194
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 21-030
A RESOLUTION DECLARING THE COST TO BE ASSESSED
AND ORDERING PREPARATION OF THE PROPOSED ASSESSMENTS
FOR THE 2021 STREET AND UTILITY IMPROVEMENTS
WHEREAS, costs have been determined for the improvement of:
Street & Utility Reconstruction
Skycroft Drive from 32nd Avenue to 33rd Avenue
Croft Drive from 32nd Avenue to 33rd Avenue
33rd Avenue Storm Sewer Improvements
Mill and Overlay
31st Avenue from Rankin Road to Old Highway 8
Croft Drive from Ranking Road to 31st Avenue
29th Avenue from Stinson Boulevard to Silver Lake Road
St. Anthony Boulevard from Stinson Boulevard to Kenzie Terrace
Sanitary Sewer Capacity Improvements
• Foss Road Lift Station Pumps
and the bid price for such an improvement is $1,896,823.85. The total cost of the
improvement with contingencies, engineering, legal, and administrative fees will be
approximately $2,383,000.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that:
1. The portion of the cost of the proposed 2021 Street and Utility Improvement Project to be paid by
the City is hereby declared to be approximately $2,383,000 and the portion of the cost to be assessed
against benefited property owners is declared to be approximately $543,800.
2. Assessments shall be payable in equal annual installments extending over a period of 15 years, the
first of the installments to be payable on or before the first Monday in 2021, and shall bear interest at
the rate of 2 percent (2%) above the City’s borrowing rate at the time the bonds are issued.
3. The Consulting Engineer shall forthwith calculate the proper amount to be specially assessed for
such improvement against every assessable lot, piece, or parcel of land within the district affected,
without regard to cash valuation, as provided by law, and the City Clerk shall file a copy of such
proposed assessment in the office for public inspection.
4. The City Clerk shall, upon the completion of such proposed assessment, notify the Council thereof.
Adopted this 23rd day of March , 2021.
_____________________________
Randy Stille, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ______________________________
Charlie Yunker, City Manager
195
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196
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 21-031
A RESOLUTION CALLING A HEARING ON THE PROPOSED ASSESSMENTS
FOR THE 2021 STREET AND UTILITY IMPROVEMENTS
WHEREAS, by direction of the City Council of the City of St. Anthony Village, a proposed assessment of the
cost of the following improvement has been prepared:
Street & Utility Reconstruction
Skycroft Drive from 32nd Avenue to 33rd Avenue
Croft Drive from 32nd Avenue to 33rd Avenue
33rd Avenue Storm Sewer Improvements
Mill and Overlay
31st Avenue from Rankin Road to Old Highway 8
Croft Drive from Ranking Road to 31st Avenue
29th Avenue from Stinson Boulevard to Silver Lake Road
St. Anthony Boulevard from Stinson Boulevard to Kenzie Terrace
Sanitary Sewer Capacity Improvements
• Foss Road Lift Station Pumps
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that:
1. A hearing shall be held on the 27th day of April 2021, in the City Council Chambers at 7:00 P.M., or as
soon thereafter as possible, to pass upon such proposed assessment and at such time and place all persons
owning property affected by such improvement will be given an opportunity to be heard with reference to
such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be
published once in the official newspaper at least two weeks prior to the hearing, and shall state in the
notice the total cost of the improvement. The Clerk shall also cause mailed notice to be given to the
owner of each parcel described in the assessment roll not less two weeks prior to the hearing.
3. The owner of any property so assessed may, at any time prior to certification of the assessment to the
County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of
payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid by
November 30th of the assessed year.
4. The owner may, at any time thereafter, pay to the Finance Director the entire amount of the assessment
remaining unpaid, with interest accrued to December of the year in which such payment is made. Such
payment must be made before November 30th or the interest will be charged through December 31st of the
succeeding year.
Adopted this 23rd day of March, 2021.
_____________________________
Randy Stille, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ______________________________
Charlie Yunker, City Manager
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To: Local Agency Date: March 12, 2021
RE: Proposed Master Partnership Contract
Attached is a copy of a proposed master partnership contract between the Minnesota Department of
Transportation (Mn/DOT) and your Local Agency.
The Master Partnership Contract provides a framework for Mn/DOT and Local Agencies to provide
services and payment to each other. A few MnDOT provided routine services are included in the
contract—see Exhibit A-- but all other services require work orders describing costs and scope.
Kindly review the enclosed document and if acceptable, arrange to have it presented to your
Council/Board for their approval and execution. Please provide signatures only under the Local
Government heading.
Also required is a new resolution passed by the Council/Board authorizing its officials to sign and
execute the agreement on its behalf. (Only the named officials may sign the agreement: if anyone else
signs in the named official’s place, the agreement will not be executed.)
Please return to me at the address listed above or as a pdf to sharon.lemay@state.mn.us. Please note
that no work shall be performed by Mn/DOT personnel until the full execution of the agreement. After
execution by Mn/DOT and other State officials, a copy of the agreement will be returned to you.
If you have any questions or require additional information, please feel free to contact me at 651-234-
7773. If your local agency will not be executing this contract, please send me an email informing me of
this so I can remove you from our list.
Thank You
Sharon LeMay, Metro State Aid
199
STATE OF MINNESOTA
AND
CITY OF ST. ANTHONY
MASTER PARTNERSHIP CONTRACT
This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this contract
referred to as the “State” and the City of St. Anthony, acting through its City Council in this contract referred to as the
“Local Government."
Recitals
1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02.
2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk
highway system.
3. Each party to this contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25.
4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work
may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans
for the construction or reconstruction of roadways, and performing roadway maintenance.
5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other
governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other
means of providing transportation-related services; or for other cooperative programs that promote efficiencies in
providing governmental services, or that further development of innovation in transportation for the benefit of the
citizens of Minnesota.
6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the
efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a
framework for the efficient handling of such requests. This MPC contains terms generally governing the
relationship between the parties. When specific services are requested, the parties will (unless otherwise specified)
enter into a “Work Order” contracts.
7. After the execution of this MPC, the parties may (but are not required to) enter into “Work Order” contracts.
These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for
the specific work.
8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently
issued under the authority of this Contract.
Master Partnership Contract
1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms
1.1. Effective Date: This contract will be effective on the date last signed by the Local Government, and all
State officials as required under Minn. Stat. § 16C.05, subd. 2.
1.2. A party must not accept work under this Contract until it is fully executed.
1.3. Expiration Date. This Contract will expire on June 30, 2022.
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1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the
Local Government) for each particular engagement, except for Technical Services provided by the State
to the Local Government as specified in Article 2. The work order contract must specify the detailed
scope of work and deliverables for that project. A party must not begin work under a work order until the
work order is fully executed. The terms of this MPC will apply to all work orders contracts issued, unless
specifically varied in the work order. The Local Government understands that this MPC is not a guarantee
of any payments or work order assignments, and that payments will only be issued for work actually
performed under fully-executed work orders.
1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract
and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and
Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure.
All terms of this MPC will survive with respect to any work order contract issued prior to the expiration
date of the MPC.
1.6. Sample Work Order. A sample work order contract is available upon request from the State.
1.7. Definition of “Providing Party” and “Requesting Party”. For the purpose of assigning certain duties and
obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC.
“Requesting Party” is defined as the party requesting the other party to perform work under a work order
contract. “Providing Party” is defined as the party performing the scope of work under a work order
contract.
2. Technical Services
2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Local
Government. These services may be performed by the State for the Local Government without the
execution of a work order, as these services are provided in accordance with standardized practices and
processes and do not require a detailed scope of work. Exhibit A – Table of Technical Services is
attached.
2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order
contract.
2.2. The Local Government may request the State to perform Technical Services in an informal manner, such
as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A
request may be made via telephone, but will not be considered accepted unless acknowledged in writing
by the State.
2.3. The State will promptly inform the Local Government if the State will be unable to perform the requested
Technical Services. Otherwise, the State will perform the Technical Services in accordance with the
State’s normal processes and practices, including scheduling practices taking into account the availability
of State staff and equipment.
2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State
will charge the Local Government the State’s then-current rate for performing the Technical Services.
The then-current rate may include the State’s normal and customary additives. The State will invoice the
Local Government upon completion of the services, or at regular intervals not more than once monthly as
agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the
State during the invoice period.
3. Services Requiring A Work Order Contract
3.1. Work Order Contracts: A party may request the other party to perform any of the following services
under individual work order contracts.
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3.2. Professional and Technical Services. A party may provide professional and technical services upon the
request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services
“means services that are intellectual in character, including consultation, analysis, evaluation, prediction,
planning, programming, or recommendation; and result in the production of a report or completion of a
task.” Professional and technical services do not include providing supplies or materials except as
incidental to performing such services. Professional and technical services include (by way of example
and without limitation) engineering services, surveying, foundation recommendations and reports,
environmental documentation, right-of-way assistance (such as performing appraisals or providing
relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts,
final construction plans, graphic presentations, public relations, and facilitating open houses. A party will
normally provide such services with its own personnel; however, a party’s professional/technical services
may also include hiring and managing outside consultants to perform work provided that a party itself
provides active project management for the use of such outside consultants.
3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party.
Roadway maintenance does not include roadway reconstruction. This work may include but is not limited
to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects),
seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All
services must be performed by an employee with sufficient skills, training, expertise or certification to
perform such work, and work must be supervised by a qualified employee of the party performing the
work.
3.4. Construction Administration. A party may administer roadway construction projects upon the request of
the other party. Roadway construction includes (by way of example and without limitation) the
construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle
pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and
channelization. These services may be performed by the Providing Party’s own forces, or the Providing
Party may administer outside contracts for such work. Construction administration may include letting
and awarding construction contracts for such work (including state projects to be completed in
conjunction with local projects). All contract administration services must be performed by an employee
with sufficient skills, training, expertise or certification to perform such work.
3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made
disaster, natural disaster or other act of God. Emergency services includes all those services as the parties
mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations.
These services include, without limitation, planning, engineering, construction, maintenance, and removal
and disposal services related to things such as road closures, traffic control, debris removal, flood
protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by
an employee with sufficient skills, training, expertise or certification to perform such work, and work
must be supervised by a qualified employee of the party performing the work. If it is not feasible to have
an executed work order prior to performance of the work, the parties will promptly confer to determine
whether work may be commenced without a fully-executed work order in place. If work commences
without a fully-executed work order, the parties will follow up with execution of a work order as soon as
feasible.
3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the
resources needed to perform the work. If a party desires to perform such work, the parties will negotiate
the specific and detailed work tasks and cost. The State will then prepare a work order contract.
Generally, a work order contract will be limited to one specific project/engagement, although “on call”
work orders may be prepared for certain types of services, especially for “Technical Services” items as
identified section 2.1.. The work order will also identify specific deliverables required, and timeframes for
completing work. A work order must be fully executed by the parties prior to work being commenced.
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The Local Government will not be paid for work performed prior to execution of a work order contract
and authorization by the State.
4. Responsibilities of the Providing Party
4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work
order contracts.
4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s
authorized representative is responsible for administering the work order, and has the authority to
make any decisions regarding the work, and to give and receive any notices required or permitted
under this MPC or the work order.
4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project
Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be
performed under each work order contract. For services not requiring an engineer, the Providing
Party will furnish and assign another responsible employee to be in charge of the project. The
services of the Providing Party under a work order contract may not be otherwise assigned,
sublet, or transferred unless approved in writing by the Requesting Party’s authorized
representative. This written consent will in no way relieve the Providing Party from its primary
responsibility for the work.
4.1.3. If the Local Government is the Providing Party, the Project Engineer may request in writing
specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section
161.39. The work order Contract will require the Local Government to deposit payment in
advance. The costs and expenses will include the current State additives and overhead rates,
subject to adjustment based on actual direct costs that have been verified by audit.
4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin
work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the
work order contract is fully executed are considered unauthorized and undertaken at the risk of
non-payment.
4.1.5. In connection with the performance of this contract and any work orders issued, the Providing
Agency will comply with all applicable Federal and State laws and regulations. When the
Providing Party is authorized or permitted to award contracts in connection with any work order,
the Providing Party will require and cause its contractors and subcontractors to comply with all
Federal and State laws and regulations.
4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to
all work orders for Roadway Maintenance.
4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all
permits and sanctions that may be required for the proper and lawful performance of the work.
4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance
manuals, policies and operations.
4.2.3. The Providing Party must use State-approved materials, including (by way of example and without
limitation), sign posts, sign sheeting, and de-icing and anti-icing chemicals.
4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will
apply to all work order contracts for construction administration.
4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in
accordance with state law.
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4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the
contract amount. The Providing Party will take all necessary action to make claims against such
bonds in the event of any default by the contractor.
4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the
Minnesota Department of Transportation Standard Specifications for Construction.
4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold
the State harmless against any loss incurred with respect to the performance of the contracted
work, and must be required to provide evidence of insurance coverage commensurate with project
risk.
4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law.
4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and
regulations, including but not limited to applicable human rights/anti-discrimination laws and
laws concerning the participation of Disadvantaged Business Enterprises in federally-assisted
contracts.
4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing
rights of way, easement, and construction permits for its portion of the improvements. Each party
will, upon the other’s request, furnish copies of right of way certificates, easements, and
construction permits.
4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project
work if such changes do not increase the Requesting Party’s cost obligation under the applicable
work order contract.
4.3.9. The Providing Party will not approve any contractor claims for additional compensation without
the Requesting Party’s written approval, and the execution of a proper amendment to the
applicable work order contract when necessary. The Local Government will tender the processing
and defense of any such claims to the State upon the State’s request.
4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the
State’s Utilities Office.
4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party.
4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk
highway right-of-way, the following will apply:
4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway.
The State may revoke this permit if the work is not being performed in a safe, proper
and skillful manner, or if the contractor is violating the terms of any law, regulation, or
permit applicable to the work. The State will have no liability to the Local Government,
or its contractor, if work is suspended or stopped due to any such condition or concern.
4.3.12.2 The Local Government will require its contractor to conduct all traffic control in
accordance with the Minnesota Manual on Uniform Traffic Control Devices.
4.3.12.3 The Local Government will require its contractor to comply with the terms of all
permits issued for the project including, but not limited to, National Pollutant
Discharge Elimination System (NPDES) and other environmental permits.
4.3.12.4 All improvements constructed on the State’s right-of-way will become the property of
the State.
5. Responsibilities of the Requesting Party
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5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or
material in its possession relating to the project that may be of use to the Providing Party in performing
the work.
5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will
be promptly returned upon the Requesting Party’s request or upon the expiration or termination of this
contract (subject to data retention requirements of the Minnesota Government Data Practices Act and
other applicable law).
5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party
finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention
of the Requesting Party before proceeding with the part of the project affected. The Providing Party will
investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a
method for furnishing corrected data. Delay in furnishing data will not be considered justification for an
adjustment in compensation.
5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included
in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the
Proposal for Highway Construction, that are different from those required for State Aid construction.
5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the
work is found to have been completed in accordance with the work order contract, the Requesting Party
will promptly release any remaining funds due the Providing Party for the Project(s).
5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party.
6. Time
In the performance of project work under a work order contract, time is of the essence.
7. Consideration and Payment
7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The
State’s normal and customary additives will apply to work performed by the State, unless otherwise
specified in the work order. The State’s normal and customary additives will not apply if the parties agree
to a “lump sum” or “unit rate” payment.
7.2. State’s Maximum Obligation. The total compensation to be paid by the State to the
Local Government under all work order contracts issued pursuant to this MPC will not
exceed $500,000.00.
7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the
Providing Party’s services, and unless otherwise specifically set forth in an applicable work order
contract, the Providing Party will not be separately reimbursed for travel and subsistence expenses
incurred by the Providing Party in performing any work order contract. In those cases where the State
agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no
greater amount than provided in the current "MnDOT Travel Regulations” a copy of which is on file with
and available from the MnDOT District Office. The Local Government will not be reimbursed for travel
and subsistence expenses incurred outside of Minnesota unless it has received the State’s prior written
approval for such travel.
7.4. Payment.
7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work
order, and will make prompt payment in accordance with Minnesota law.
7.4.2. Payment by the Local Government.
205
7.4.2.1. The Local Government will make payment to the order of the Commissioner of
Transportation.
7.4.2.2. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT
CONTRACT NUMBER” SHOWN ON THE FACE PAGE OF THIS CONTRACT
AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED FROM
MNDOT.
7.4.2.3. Remit payment to the address below:
MnDOT
Attn: Cash Accounting
RE: MnDOT Contract Number ####### and Invoice Number ######
Mail Stop 215
395 John Ireland Blvd
St. Paul, MN 55155
7.4.3. Payment by the State.
7.4.3.1. Generally. The State will promptly pay the Local Government after the Local
Government presents an itemized invoice for the services actually performed and the
State's Authorized Representative accepts the invoiced services. Invoices must be
submitted as specified in the applicable work order, but no more frequently than monthly.
7.4.3.2. Retainage for Professional and Technical Services. For work orders for professional and
technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90
percent of the amount due under any work order contract may be paid until the final
product of the work order contract has been reviewed by the State’s authorized
representative. The balance due will be paid when the State’s authorized representative
determines that the Local Government has satisfactorily fulfilled all the terms of the work
order contract.
8. Conditions of Payment
All work performed by the Providing Party under a work order contract must be performed to the Requesting
Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting Party’s Authorized
Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing
Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of
federal or state law.
9. Local Government’s Authorized Representative and Project Manager; Authority to Execute Work Order
Contracts
9.1. The Local Government’s Authorized Representative for administering this master contract is the Local
Government’s Engineer, and the Engineer has the responsibility to monitor the Local Government’s
performance. The Local Government’s Authorized Representative is also authorized to execute work
order contracts on behalf of the Local Government without approval of each proposed work order
contract by its governing body.
9.2. The Local Government’s Project Manager will be identified in each work order contract.
10. State’s Authorized Representative and Project Manager
10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has
the responsibility to monitor the State’s performance.
10.2. The State’s Project Manager will be identified in each work order contract.
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11. Assignment, Amendments, Waiver, and Contract Complete
11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work
order contract without the prior consent of the other and a fully executed Assignment Contract, executed
and approved by the same parties who executed and approved this MPC, or their successors in office.
11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and
will not be effective until it has been executed and approved by the same parties who executed and
approved the original contract, or their successors in office.
11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that
failure does not waive the provision or the party’s right to subsequently enforce it.
11.4. Contract Complete. This master contract and any work order contract contain all negotiations and
contracts between the State and the Local Government. No other understanding regarding this master
contract or any work order contract issued hereunder, whether written or oral may be used to bind either
party.
12. Liability.
Each party will be responsible for its own acts and omissions to the extent provided by law. The Local
Government’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is
governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal
remedies a party may have for the other party’s failure to fulfill its obligations under this master contract or any
work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A
Providing Party under any work order is acting only as a “Contractor” to the Requesting Party, as the term
“Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the protections afforded to a
“Contractor” by the Minnesota Environmental Response and Liability Act. The parties specifically intend that
Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this MPC and any work order issued
hereunder.
13. State Audits
Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and
practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC.
14. Government Data Practices and Intellectual Property
14.1. Government Data Practices. The Local Government and State must comply with the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under
this MPC and any work order contract, and as it applies to all data created, collected, received, stored,
used, maintained, or disseminated by the Local Government under this MPC and any work order contract.
The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by
either the Local Government or the State.
14.2. Intellectual Property Rights
14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of
the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and
service marks in the Works and Documents created and paid for under work order contracts.
Works means all inventions, improvements, discoveries (whether or not patentable), databases,
computer programs, reports, notes, studies, photographs, negatives, designs, drawings,
specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by
the Providing Party, its employees, agents, and subcontractors, either individually or jointly with
others in the performance of this master contract or any work order contract. Works includes
“Documents.” Documents are the originals of any databases, computer programs, reports, notes,
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studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other
materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees,
agents, or contractors, in the performance of a work order contract. The Documents will be the
exclusive property of the Requesting Party and all such Documents must be immediately returned
to the Requesting Party by the Providing Party upon completion or cancellation of the work order
contract. To the extent possible, those Works eligible for copyright protection under the United
States Copyright Act will be deemed to be “works made for hire.” The Providing Party
Government assigns all right, title, and interest it may have in the Works and the Documents to
the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute
all papers and perform all other acts necessary to transfer or record the Requesting Party’s
ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting
Party grants the Providing Party an irrevocable and royalty-free license to use such intellectual
property for its own non-commercial purposes, including dissemination to political subdivisions
of the state of Minnesota and to transportation-related agencies such as the American Association
of State Highway and Transportation Officials.
14.2.2. Obligations with Respect to Intellectual Property.
14.2.2.1. Notification. Whenever any invention, improvement, or discovery (whether or not
patentable) is made or conceived for the first time or actually or constructively reduced
to practice by the Providing Party, including its employees and subcontractors, in the
performance of the work order contract, the Providing Party will immediately give the
Requesting Party’s Authorized Representative written notice thereof, and must
promptly furnish the Authorized Representative with complete information and/or
disclosure thereon.
14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary
to ensure that all intellectual property rights in the Works and Documents are the sole
property of the Requesting Party, and that neither Providing Party nor its employees,
agents or contractors retain any interest in and to the Works and Documents.
15. Affirmative Action
The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to
Minn. Stat. §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an
affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit
such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local
Government lets a contract for the performance of work under a work order issued pursuant to this MPC, it must
include the following in the bid or proposal solicitation and any contracts awarded as a result thereof:
15.1. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more
than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in
the state where it has its principle place of business, then the Contractor must comply with the
requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered
by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and
does not have a certificate of compliance, must certify that it is in compliance with federal affirmative
action requirements.
15.2. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan
for the employment of minority persons, women, and qualified disabled individuals approved by the
Minnesota Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance.
The law addresses suspension or revocation of a certificate of compliance and contract consequences in
that event. A contract awarded without a certificate of compliance may be voided.
15.3. Minn. R. Parts 5000.3400-5000.3600.
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15.3.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules
include, but are not limited to, criteria for contents, approval, and implementation of affirmative
action plans; procedures for issuing certificates of compliance and criteria for determining a
contractor’s compliance status; procedures for addressing deficiencies, sanctions, and notice and
hearing; annual compliance reports; procedures for compliance review; and contract
consequences for non-compliance. The specific criteria for approval or rejection of an affirmative
action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including,
but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559.
15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action
requirements for disabled workers:
15.3.2.1. The Contractor must not discriminate against any employee or applicant for
employment because of physical or mental disability in regard to any position for
which the employee or applicant for employment is qualified. The Contractor agrees to
take affirmative action to employ, advance in employment, and otherwise treat
qualified disabled persons without discrimination based upon their physical or mental
disability in all employment practices such as the following: employment, upgrading,
demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship.
15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota
Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause,
actions for noncompliance may be taken in accordance with Minn. Stat. Section
363A.36, and the rules and relevant orders of the Minnesota Department of Human
Rights issued pursuant to the Minnesota Human Rights Act.
15.3.2.4. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the commissioner of
the Minnesota Department of Human Rights. Such notices must state the Contractor's
obligation under the law to take affirmative action to employ and advance in
employment qualified disabled employees and applicants for employment, and the
rights of applicants and employees.
15.3.2.5. The Contractor must notify each labor union or representative of workers with which it
has a collective bargaining agreement or other contract understanding, that the
Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota
Human Rights Act and is committed to take affirmative action to employ and advance
in employment physically and mentally disabled persons.
15.3.3. Consequences. The consequences for the Contractor’s failure to implement its affirmative action
plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of
a certificate of compliance by the Commissioner, refusal by the Commissioner to approve
subsequent plans, and termination of all or part of this contract by the Commissioner or the State.
15.3.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn.
Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for
noncompliance.
16. Workers’ Compensation
Each party will be responsible for its own employees for any workers compensation claims. This MPC, and any
work order contracts issued hereunder, are not intended to constitute an interchange of government employees
under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder, is determined to be
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subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the contract and the
statute.
17. Publicity
17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the
Requesting Party must identify the State as the sponsoring agency and must not be released without prior
written approval from the State’s Authorized Representative. For purposes of this provision, publicity
includes notices, informational pamphlets, press releases, research, reports, signs, and similar public
notices prepared by or for the Local Government individually or jointly with others, or any
subcontractors, with respect to the program, publications, or services provided resulting from a work
order contract.
17.2. Data Practices Act. Section 17.1 is not intended to override the Local Government’s responsibilities
under the Minnesota Government Data Practices Act.
18. Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this master contract and all work order
contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of
any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey
County, Minnesota.
19. Prompt Payment; Payment to Subcontractors
The parties must make prompt payment of their obligations in accordance with applicable law. As required by
Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the
Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar
days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by
the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month
to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s).
20. Minn. Stat. § 181.59. The Local Government will comply with the provisions of Minn. Stat. § 181.59 which
requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school,
school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by
which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work
under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed,
or color, discriminate against the person or persons who are citizens of the United States or resident aliens who
are qualified and available to perform the work to which the employment relates; (2) That no contractor, material
supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any
person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the
person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a
violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state,
county, city, town, school board, or any other person authorized to grant the contracts for employment, and all
money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the
terms or conditions of this contract.
21. Termination; Suspension
21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this
MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the
Local Government. Upon termination, the Local Government and the State will be entitled to payment,
determined on a pro rata basis, for services satisfactorily performed.
21.2. Termination by the Local Government for Convenience. The Local Government may cancel this MPC
and any work order contracts at any time, with or without cause, upon 30 days written notice to the State.
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Upon termination, the Local Government and the State will be entitled to payment, determined on a pro
rata basis, for services satisfactorily performed.
21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and
any work order contract if it does not obtain funding from the Minnesota legislature or other funding
source; or if funding cannot be continued at a level sufficient to allow for the payment of the services
covered here. Termination or suspension must be by written or fax notice to the Local Government. The
State is not obligated to pay for any services that are provided after notice and effective date of
termination or suspension. However, the Local Government will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will
not be assessed any penalty if the master contract or work order is terminated because of the decision of
the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the
Local Government notice of the lack of funding within a reasonable time of the State’s receiving that
notice.
22. Data Disclosure
Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of
its federal employer tax identification number, and/or Minnesota tax identification number, already provided to
the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These
identification numbers may be used in the enforcement of federal and state tax laws which could result in action
requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any.
23. Defense of Claims and Lawsuits
If any lawsuit or claim is filed by a third party (including but not limited to the Local Government’s contractors
and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this
MPC, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such
claims to the State or allow the State to participate in the defense of such claims. The Local Government will,
however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause
of action asserted is based on its own acts or omissions in performing or supervising the work. The Local
Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution
process. The State will not be responsible for any judgment entered against the Local Government, and will not be
bound by the terms of any settlement entered into by the Local Government except with the written approval of
the Attorney General and the Commissioner of Transportation and pursuant to applicable law.
24. Additional Provisions
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LOCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION
The Local Government certifies that the
appropriate person(s) have executed the contract on
behalf of the Local Government as required by
applicable ordinance, resolution, or charter
provision.
By:
By: (with delegated authority)
Title: Title Assistant Commissioner or
Assistant Division Director
Date: Date:
By:
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
Title By:
Date: Date:
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Source
Code Title Description
0032 Business Unit Management All expenses of business/office managers for general management and administration of support functions. includes administering
central facilities maintenance and facilities capital budgets.
0152 Support Services Work that supports general office management, system management such as entering data into SWIFT, PPMS, PUMA and other
MnDOT systems, attending staff meetings and other indirect support activities.
0400 Equipment Calibration-Mat Insp Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects.
0600 General Training Attended All costs (time, registration, materials, travel expenses, etc.) for attending or participating informal or informal training, including
conferences that primarily provide training.
1182 Soils/Foundation Field/Laboratory Tests All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals for
use in the development of Final Design Plans and Special Provisions. Lab work includes R-value, resilient modulus, soil
classification, gradation, proctor testing, unconfined compression, consolidation, direct simple shear, direct sheer, permeability and
triaxial tests.
1312 Tech Assist-Outside MnDOT Use when providing technical assistance to an organization external to MnDOT.
1421 Bridge Management System
Operation/Administration/Data
Use for tasks related to the Bridge Management System, including operations, administration, or data entry.
1434 Structural Metals Inspection-Non DOT Reviewing shop drawings furnished by suppliers, fabricators, and contractors (working drawing or calculations), and for tasks related
to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering, and
technical services in the field and offices) for local agency projects.
1501 Traffic Management System (TMS)Used by traffic operations staff for all tasks that support the RTMC's operations center (or TOCC) providing traveler information,
managing incidents and monitoring the FMS. Includes dynamic message sign maintenance, ramp meter maintenance, camera
maintenance, and loop detection activities. Includes maintenance activities related to any ITS or TMS device such as RTMC cables,
monitor wall, switchers, routers, or modems. Use to record all costs for maintenance activities related to traffic management fiber
optics. Use for tasks related to maintaining traffic operations software including minor software enhancements and fixes. Use when
providing traffic operations technical assistance external to MnDOT.
1513 Traffic Management System (TMS)
Integration
For tasks associated with the incorporation of new and existing TMS devices (cameras, loops, DMS, and other ITS devices) into
existing infrastructure to ensure proper operation. Use with the Construction/Program Delivery Appropriation.
1520 Pavement Management System For tasks related to the operation of the pavement management system, including development and maintenance/technical support.
Includes tasks to meet needs external to MnDOT.
1716 Record Sampling Used by Materials and Research Section and district materials staff to verify inspector" sampling and testing procedures and
checking inspectors' equipment during project construction as required by FHWA. Use when performing field tests on split sample.
1721 Traffic Sign Work Orders Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081).
213
Source
Code Title Description
1732 Material Testing & Inspection Performing construction phase and research physical and chemical laboratory testing, and related technical services in the districts
and central labs, and for performing research and construction phase non-destructive testing materials surveys, and related technical
services in the field and offices. Includes detour surveys. Non-destructive tests include, skid resistance and falling weight
deflectometer (FWD) testing.
1733 Concrete Plant Inspections Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant
reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
stationary concrete plants or mobile concrete paving plant inspection.
1734 Construction Materials Inspections Performing construction phase material inspection and engineering, for structural steel, precast and pre-stressed concrete,
reinforcement steel, and electrical products and related technical services in the field and office for materials to be used in multiple
projects. Includes travel time, sampling, and sample delivery. Includes tasks related to reviewing shop drawings furnished by
suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection
(materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the field
and offices).
1735 Bituminous Plant Inspection Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant
reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
bituminous plant inspection.
1738 State Project - Specific Materials
Inspection
Performing material inspection for materials designated for a specific construction project (SP). Generally applies to inspection of
such things as structural steel, prestressed concrete items, and most precast concrete items and for SP specific tasks related to
structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering and
technical services in the field and offices).
1800 Field Inspection Occasional construction project field inspection (not cyclical inspection of assets); Includes field inspection of materials such as
gradations, densities/DCP, proctors, compaction, slump tests, and field air testsand collecting and transporting samples for lab tests,
but not the actual laboratory verifications.
1870 Traffic Signal Maintenance This work will not substitute for or alter existing cooperative construction agreements or traffic signal maintenance agreements.
Work related to the occasional repair and replacement of traffic signal system structures and all electrical maintenance for traffic
signal systems including electrical power, labor, equipment materials, GSOC locates, traffic control and responses to public
inquiries.
1871 Lighting Maintenance & Utilities All work related to installing, maintaining, restoring, or removing highway lighting systems and fixtures. Includes repairing,
maintaining, or replacing supports necessary for roadway lighting luminaries. Includes patrol highway lighting, inspect lighting
structures, electrical service for highway lighting, re-lamping, pump stations, anti-icing systems, truck roll-over warning systems and
electrical repairs. Includes traffic control in support of roadway lighting activities. Use for tasks related to public
inquiries/complaints, review utility billings, provide data, and conduct field reviews.
1875 Locate One Call Finding and marking locations of buried conduit, cables, hand holes, loops, etc. in order to maintain or repair the traffic management
system, signal systems, or roadway lighting systems.
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Source
Code Title Description
1876 Traffic Counting Use to record labor, equipment usage, and material costs for activities related to traffic counts made for statewide traffic monitoring
or traffic operations. Includes all activities related to traffic counting, such as taking requests, assigning priorities, collecting field
data, processing data, and developing new techniques for collection.
2102 Patching Related source type codes: 2103-Heavy patching, 2104-Bituminous paving, 2105-Blow patching
2142 Overhead Sign Panel Maintenance Work related to the repair and replacement of overhead sign panels, extruded sign panels mounted on I-beams, and overhead sign
structures. Includes related cable locates and traffic control. Does not include structural work.
2210 Guardrail-Install/Repair/Maintenance Install, repair, or maintain low tension cable, plate beams, and end treatments; cable tension adjustments; and reflector replacement.
includes related traffic control.
2222 Sign/Delineation/Marker Repair Replacing, repairing, and washing signs (including temporary stop signs). Includes re-sequencing intersection signing and
repair/replace overhead and extrude signs mounted on I-beams. Includes related cable locates and traffic control.
2316 Brush & Tree Removal Maintaining, watering, trimming, and removing highway right of way tree and brush. Includes chipping of tree limbs and stump
removal/grinding. Includes related traffic control.
2624 Indirect Expense Indirect shop expenses and shop equipment. Allocate to mobile equipment.
2629 Supplies & Small Tools Shop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit.
2819 Bridge Curb, Walk And Railing Repairing and maintaining bridge curb, walk, rail, coping, and fencing connected to the rail. Includes glare screen and median
barriers on bridges. Includes related traffic control.
2820 Bridge Deck Work associated with bridge deck and slab repair regardless of removal depth or type of material used for patching. Includes deck or
slab overlays and replacements and underside deck delamination. Includes related traffic control.
2822 Miscellaneous Bridge Maintenance This source code does not include replacement or major repair. Miscellaneous maintenance tasks performed on a specific bridge or
structure not covered by other source codes. Includes minor repairs and simple fixes on items such as stairways, drains, fencing, light
bases, transient guards, and access doors. Includes transient removal, ordering materials, and picking up equipment. Includes related
traffic control.
2824 Bridge Inspection-Non-Federal All tasks related to inventory, inspection, and load capacity rating work done on trunk highway bridges to meet the requirements of
the National Bridge Inspection System and/or Minnesota Bridge Safety Inspection Program or for billing to local governments.
Includes related inspection reports and deck condition surveys.
2827 Bridge Expansion, Relief Joints All maintenance tasks associated with bridge expansion joints, except joint reestablishment. Includes tightening expansion device
bolts and replacing seal glands. Includes related traffic control.
2828 Bridge Inspection-Federal Fund All bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture-Critical Bridge Program (Project Code will begin
with TSL and with the local bridge number). Includes related inspection reports. For MnDOT Trunk Highway bridges (Project Code
begins with TSO followed by the bridge number) and local and Department of Natural Resources (DNR) (bridge number begins with
9A follow by bridge number) bridge inspections to be billed to the local government or Department of Natural Resources (DNR) use
Source Code 2824.
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Source
Code Title Description
2829 Bridge Superstructure All tasks to repair any bridge component above the bridge seat that is not included in other source codes. Includes repairs to all types
of bridge superstructure elements such as girders, beams, floor beams, trusses, stringers, t-beams, precast channels, and box girders.
Includes related traffic control.
2830 Bridge Bearing Assemblies All tasks related to the repair and maintenance of fixed or expansion-bearing assemblies on bridges. Includes related traffic
2834 Waterway Maintenance All tasks related to waterway maintenance for deck bridges. Includes debris removal, waterway cleanup, channel repair, and channel
protection repair that is not part of slope protection. Includes related traffic control.
2838 Bridge Deck Crack Sealing All tasks related to deck crack sealing. Includes related traffic control.
2863 Traffic Signal Inspection Work related to cyclical structural and electrical inspection and preventive maintenance checks of traffic signal systems/structures.
Includes labor, equipment, materials, and traffic control.
3000 Class Of Frequency Coordination Use for frequency coordination done with APCO, AASHTO or FCCA.
3002 Radio/Electronic Infrastructure Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems
(includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use
Project number assigned to requesting agency; Department of Public Safety (DPS) includes State Patrol (SP) Bureau of Criminal
Apprehension (BCA), Fire Marshall); does not include Department of Natural Resources (DNR). See OSRC Project
3005 Radio - Mobile Equipment Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems
(includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use
Project number assigned to requesting agency (State Patrol, DNR, BCA, Fire Marshall). See OSRC Project Code list.
3009 Radio/Electronic System Upgrade &
Installation
Use for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic
systems. Use for all work performed to correct or repair deficiencies found in a new installation.
3025 Tower/Building Maintenance Use for all tasks related to the maintenance of a tower building or site. Includes towers, buildings, generators, LP system, fencing,
landscaping, grounding, ice bridge, cable management, climbing ladders, card key systems, and HVAC.
3027 Radio Programming Creating or modifying radio frequency programs and programming mobile and portable radios. Does not include mobile radios used
as fixed base radios as part of the Inter-OP System (Use 3009).
3049 On Call Electronic Communications
Infrastructure Maintenance
To be used by Statewide Radio Communications personnel to record on-call time.
216
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 21-032
A RESOLUTION RENEWING THE MASTER PARTNERSHIP CONTRACT WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION
WHEREAS, the Minnesota Department of Transportation wishes to cooperate closely with local units of
government to coordinate the delivery of transportation services and maximize the efficient
delivery of such services at all levels of government; and
WHEREAS, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59,
174.02, and 161.20, to undertake collaborative efforts for the design, construction,
maintenance and operation of state and local roads; and
WHEREAS, the parties wish to able to respond quickly and efficiently to such opportunities for
collaboration, and have determined that having the ability to write " work orders" against a
master contract would provide the greatest speed and flexibility in responding to identified
needs.
NOW, THEREFORE, BE IT RESOLVED, that the City of St. Anthony Village enter into a Master
Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the City
Council.
THEREFORE, BE IT FURTHER RESOLVED, that the proper City officers are authorized to execute
such contract, and any amendments thereto.
THEREFORE, BE IT FURTHER RESOLVED, that the City Engineer is authorized to negotiate work
order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or
from MnDOT, and that the City Engineer/ may execute such work order contracts on behalf of the City of St.
Anthony Village without further approval by this City Council.
Adopted this 23rd day of March, 2021.
_____________________________
Randy Stille, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ______________________________
Charlie Yunker, City Manager
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St Anthony Annual Report
2020 St. Anthony
Police Department
Annual Report
Jon Mangseth
Police Chief
Department Summary
Department Strength
• 20 - Full Time Police
Officers (4 contract)
• 7 - Volunteer Reserve
Officers (Authorized for 14)
• 1 - Full Time Community
Service Officer
• 2 - Full Time Civilian
Support Staff
Department Fleet
• 6 - Marked Squads
• 1 - Marked Reserve
Unit
• 1 - Marked CSO Unit
• 5 – Passenger vehicles
assigned to Chief,
Captain, Detective &
Special Detail
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St Anthony Annual Report
St. Anthony Part I Crimes
St. Anthony Part II Crimes
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St Anthony Annual Report
Calls for Service
Patrol Review
• 1615 Moving Violations
836 Speed Violations
102 Stop Sign Violations
57 Semaphore Violations
• 194 Parking Citations
• 31 DWI Arrest
• 99 Seatbelt Violations
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St Anthony Annual Report
Investigation Review
• Total Criminal Cases 501
• Total Cases Cleared 240
• Total Cases Cleared by Arrest 178
• Total Cases Cleared by Other 62
•CLEARANCE RATE 48%
• The Police Department completed 1397 hours of training
Training included:
– Annual Post License Requirements 14%
– Crisis/Conflict/Community Diversity 24%
– Department Policy 20%
– OSHA 12%
– Elected 14%
– SWAT/Negotiator 9%
Objectives:
Provide continued professional development, enhance safety
of officers and community & foster unity of purpose and
cooperation with the community
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St Anthony Annual Report
Police Reserves
Although the program was put on hold for several months
due to COVID-19, members still logged over 500 hours in
2020.
• Patrolling parks, schools, business & neighborhoods
• Assisted with traffic control
• Assist with transports as needed
• Continuing to recruit for new reserves officers.
Social Media
Social Media Team:
Officers use social media as a method of
effectively informing the public about
department services, issues,
investigations and other relevant events.
3 different social media platforms are
managed by 4 officers.
Views have increased over the past year.
Two of the most viewed posts involved an
update on a lost animal and when we
thanked our essential workers.
The most notable Twitter increase has
been the Virtual Ride Along.
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St Anthony Annual Report
Community Engagement
Engagement programs were planned, but cancelled due
to COVID-19.
• Team focuses on:
– Developing relationships with the community
– Informing the community related to the department, police
work and crime
– Educating the community
– Increasing transparency
– Earning trust
Community Engagement
• Team meets quarterly to
plan events, establish
goals and objectives
• The team also manages
the social media account
• Intend to work with CTV
to produce video contact
that will be broadcast for
CTV and social media
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St Anthony Annual Report
Body Worn Camera Program
• Second full year of the BWC Program
• All officers and CSO wear cameras
• Video often disseminated to county
and city attorney’s as part of a
criminal complaint
• Videos are reviewed as part of all use
–of-force incidents
• Videos are utilized in any alleged
officer misconduct
• Monthly internal compliance checks to
ensure they are being utilized
according to policy
Progress Report
– Worked with Ramsey Co Attorney’s Office and LE Partners on
creating and implementing officer training based on protocols for
investigating sexual assault
– Continued to send personnel through MN POST Board approved
40 hour Crisis Intervention Team (CIT) Training Program
– Continue to review and explore training that emphasized officer
skill development area associated to mental health concerns, de-
escalation strategies and community relations
– All officers completed League of MN Cities, MN POST Board
approved 2020 Patrol Online training for officers
– Continued to focus on data driven strategies that focus on
identified technical assistance priorities within strategic plan
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St Anthony Annual Report
Progress Report
– Added Officer Wellness component to the department strategic plan
goals and objectives
– Review employee evaluation content and process Created a new
documentation and reported tool for implementation in 2021
– Continued to meet expanding training needs of officer staff for proper
coding and report for the new NIBRES Crime Report System.
– Implemented the use of Business Watch International (BWI) a national
database of pawn records
– Implemented the use of ProTechDNA which is an APP for residence to
mark their property (replacing operation ID program)
What’s On Deck
– Continue training and employee development related to the
department
– Continue to send personnel through the MN POST Board
approved Crisis Intervention Training. Long term goal to have all
officers certified.
– Continue to review and explore training that emphasizes officer
skill development associated with mental health, de-escalation
and community relations
– Continue to review, implement and potentially expand
community engagement initiates
– Create an interface that allows the automated transfer to digital
media to the Ramsey County Attorney’s office an city attorneys
– Maintain membership with city wide involvement in Government
Alliance on Race and Equity
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St Anthony Annual Report
Stay Connected
– Updates provided via the St.
Anthony Village website. Sign
up to be “Notified.”
– Email us at
police@savmn.com
– Request police records at
sapdrecords@savmn.com
– Call us at 612-782-3350 to
arrange for a meeting via
phone or in person
This report can be viewed online at:
www.savmn.com
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REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: March 23, 2021
Resolution- a resolution approving an Appointment to the Planning Commission.
OVERVIEW:
In front of you this evening is a resolution approving an appointment to the planning commission.
A vacancy on the Planning Commission opened when Commissioner Dan Payne resigned effective January
1, 2021. At its work session on February 9, 2021 the City Council chose to return the previous top
remaining candidates from the recent application group to fill the vacancy.
At its subsequent work session on March 9, 2021 the Council interview those two candidates and agreed by
consensus on appointing Chelsey Hendrickson for a term ending on December 31, 2023.
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 21-033
A RESOLUTION APPROVING A 2021 APPOINTMENT
TO THE PLANNING COMMISSION
WHEREAS, the City Council conducted interviews for an appointment to the Planning
Commission; and
WHEREAS, the City Council recommended appointing Chelsey Hendrickson to the Planning
Commission beginning March 24, 2021 for a three year term; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
Village hereby appoints Chelsey Hendrickson for 3 year term ending on December 31, 2023 to
the Planning Commission.
Adopted this 23rd day of March, 2021.
_________________________________________
Randy Stille, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Review for Administration: _________________________________________
Charlie Yunker, City Manager
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REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: March 23, 2021
Resolution-Approval of Resolution in Support of the "Mayor's Challenge for Water
Conservation"
OVERVIEW:
In front of you this evening is a resolution in support of the "Mayor's Challenge for Water
Conservation".
The Wyland Mayor’s Challenge is an annual month-long campaign, from April 1-30, to promote
drought resiliency and protect water quality. This is a friendly competition to see which city is the most
“water wise” in the nation, where residents make a pledge to change behaviors in their water
consumption at home and reduce human impact on lakes, rivers, streams and other water systems.
We invite all residents to join us in the effort to reduce St. Anthony’s water consumption and preserve
our water resources. Students and teachers can join the effort by participating using the educational
resources available on the website.
Go to www.mywaterpledge.com and click on “Take the Pledge!” to sign-up. When searching for the
city, enter it as “Saint Anthony, Minnesota” and follow the instructions.
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 21-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. ANTHONY,
STATE OF MINNESOTA, IN SUPPORT OF THE "MAYOR'S CHALLENGE FOR
WATER CONSERVATION"
WHEREAS, the City of St. Anthony, and the state of Minnesota continue to explore ways
to manage residential consumption of water and power, and to inspire its
residents to care for our natural resources; and
WHEREAS, cities can engage in efforts to inspire their own communities, as well as their
neighboring cities, to become better environmental stewards; and
WHEREAS the annual National Mayor’s Challenge for Water Conservation presented by
the Wyland Foundation and Toyota, with support from the U.S EPA
WaterSense, The Toro Company, National League of Cities, Conserva
Irrigation, and Earth Friendly Products (makers of ECOS), is a healthy, non-
profit competition for cleaner communities and a water use and pollution
reduction competition between our cities; and
WHEREAS, with the encouragement of their Mayors, residents may register their
participation in their city's Challenge, online, by making simple pledges to
decrease their water use and to reduce pollution for the period of one year,
thereby assisting their cities to apply State and Federal water conservation
strategies and to target mandated reductions; and
WHEREAS, from April 1- 30, 2021, the City of St. Anthony wishes to inspire its residents
and its neighboring communities to take the "Wyland Mayor's Challenge for
Water Conservation" by making a series of online pledges at
mywaterpledge.com to reduce their impact on the environment and to see
immediate savings in their water, trash, and electricity bills;
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL MEMBERS OF THE CITY OF
ST. ANTHONY, MINNESOTA, DO HEREBY RESOLVE, DECLARE AND DETERMINE
AS FOLLOWS:
SECTION 1. That the city of St. Anthony agrees and supports the "Wyland Mayor's Challenge
for Water Conservation" emphasis.
SECTION 2. That the program is to be implemented from April 1- 30, 2021, through a series of
communication and outreach strategies, whether new or existing, to encourage St. Anthony
residents to take the conservation "Challenge."
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SECTION 3. That this resolution shall be effective immediately.
BE IT FURTHER RESOLVED THAT the City Clerk shall certify to the passage and
adoption of this resolution; shall cause the same to be entered among the original resolutions
of the City; and shall make a minute of the passage and adoption thereof on the records of the
proceedings of the City Council for the meeting at which the same is passed and adopted.
Adopted this 23rd day March, 2021.
_____________________________
Randy Stille, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ______________________________
Charlie Yunker, City Manager
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Date Type Staff Present
April 13 Special
5:30 PM Worksession City Council
City Manager
April 13 Regular
Planning Commission Items from March
Quarterly Donations & Grants
Fire Annual Report
Arbor Day Proclamation
Earth Day Proclamation
Quarterly Goals Update
Steele & Hops Liquor license
Development 65, final PUD agreement
Elections contract
City Council
City Manager
Fire Dept
Finance Director
April 27 Regular
Debt Levy Presentation-Public Hearing
2021 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments,
Award Contract for Construction, Call for Sale of GO Bonds
Presentation from Nine North-Dana Healy
Body Worn camera audit
City Council
City Manager
City Engineer
May 11 Regular
Planning Commission items from April
Insurance Renewal
Tort Limits - Consent
Order 2022 Feasibility Study
2021 Street Project-Approve Sale of Bonds
City Council
City Manager
City Engineer
May 25 Regular
Salo Park Concert Series
Chamber of the Year and Business of the Year
Finance Annual Report
City Council
City Manager
Finance Director
June 8 Regular Planning Commission Items from May
Welcome Initiative
City Council
City Manager
June 22 Regular Audit Presentation
City Council
City Manager
Finance Director
July 13 Regular Planning Commission items from June
Quarterly Donations & Grants
Quarterly Goals update
City Council
City Manager
July 27 Regular
Liquor Operations Mid Year Report
VillageFest Presentation
Quarterly Goals Update
Wyland Mayor's Water Challenge
Night to Unite Presentation
Night to Unite Proclamation
City Council
City Manager
Liquor Op Mgr
Police Chief
August 10 Regular Planning Commission items from July
Approve 2022 Feasibility Study and Order Plans and Specs
City Council
City Manager
August 24 Regular
Budget Presentation
Students in Leadership-Consent
SANB #282 Presentation
City Council
City Manager
Finance Director
FUTURE COUNCIL AGENDA ITEMS
2021
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Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
September 14 Regular
Planning Commission items from August
2022 Preliminary Operating Budget and Levy-Public Hearing
Kiwanis Peanut Day
Union Contracts
City Council
City Manager
Finance Director
September 28 Regular
Fire Prevention Presentation
Spirit of St. Anthony Award
City Council
City Manager
Fire Dept
October 12 Regular
Planning Commission items from September
Quarterly Donations & Grants
Preliminary Certification of Delinquent Waste Hauler Accounts-Consent Agenda
Preliminary Certification of Delinquent Utility Accounts-Consent Agenda
Quarterly Goals Update
1st Reading Water, Sewer, & Stormwater-Public Hearing
City Council
City Manager
October 26 Regular 2nd Reading Water, Sewer, & Stormwater-Public Hearing
Approval of CIP
City Council
City Manager
Finance Director
November 9 Regular
Planning Commission items from October
Authorizing polling places for 2022
Final Reading and Adoption Water, Sewer, & Stormwater
City Council
City Manager
November 23 Regular
Fire Prevention Poster Winners
Students in Government Presentation
PD Body Cam Audit
Water Conservation Poster Winners
2022 Fee Schedule
City Council
City Manager
December 14 Regular
Planning Commission items from November
Appoint Parks and Planning Commissioners and Chair/Vice Chairs
Setting Salary of City Manager
Authorizing Transfers & Closing of Specified Funds
Setting the 2022 City & HRA Budgets and Final Property Tax Levy -Public Hearing
2022 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids
Quarterly Goals update
City Council
City Manager
Finance Director
City Engineer
December 28 Regular City Council
City Manager
January 11 Regular
Planning Commission items from December
Housekeeping Resolutions
Resolution for the Street Improvement Bond Reimbursement
Quarterly Donations & Grants
City Council
City Manager
January 25 Regular
Public Works Snow Plowing Operations presentation
NYFS Agreement
Outside Orgs-Council
City Council
City Manager
February 8 Regular
Planning Commission items from January
Public Hearing-Budget Calendar and Process
2022 Planning Commission Work Plan- (motion only)
City Council
City Manager
Finance Director
2022
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Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
February 22 Regular
Administration Annual Report
GreenCorp Member application-resolution
Adoption of Strategic Plan
Liquor Annual Report
City Council
City Manager
Liquor Op Manager
March 8 Regular
Planning Commission Items from February
Liquor License Renewals
Public Works Annual Report
2022 Parks and Environmental Commission Work Plan- (motion only)
City Council
City Manager
Public Works Director
March 22 Regular
Police Annual Report
Wyland Water Challenge
2022 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments,
Order Preparation of Assessment
Call for sale of bonds
City Council
City Manager
Police Dept
City Engineer
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