2023.12.05 EDA Meeting PacketAGENDA
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
• REGULAR MEETING •
TUESDAY, DECEMBER 5, 2023
6:30 P.M.
CRYSTAL CITY HALL
COUNCIL CHAMBERS
1. Call to order *
2. Roll call *
3. Consider approval of minutes from the November 7, 2023 regular meeting
4. Consider a resolution adopting a 2024 budget and property tax levy and requesting their
approval by the City Council
5. Consider approval of a contract with Center for Energy and Environment for
administration of the Home Improvement Grant Program from July 1, 2024 - June 30,
2025
6. Consider a resolution approving a 2023 Business District Initiative Agreement with
Hennepin County Housing and Redevelopment Authority to continue the Crystal
Storefront Enhancement Program
7. Consider a resolution requesting conveyance of tax-forfeited land at 6110 Lakeland
Ave. N.
8. Property status update *
9. Other business *
10. Adjournment *
*Items for which no materials are included in the packet
Page 1 of 3
Minutes of the
Economic Development Authority of the City of Crystal
Regular Meeting
Council Chambers
November 7, 2023
1. Call to Order
President Kiser called the meeting of the Economic Development Authority of the City of
Crystal (EDA) to order at 6:42 p.m.
2. Roll Call
Upon call of the roll, the following Commissioners were present: Jim Adams, John
Budziszewski, David Cummings, Forest Eidbo, Traci Kamish, Therese Kiser and Taji
Onesirosan.
The following staff were present: Executive Director Adam Bell, City Planner Dan Olson
and City Attorney Troy Gilchrist.
3. Approval of Minutes
Moved by Commissioner Adams (Budziszewski) to approve the minutes from the
October 17, 2023 regular meeting. Motion carried.
4. Public Hearing: Consider a resolution authorizing the sale of 4824 56th Ave. N. to Noberg
Homes
Staff presented information about the proposal from Noberg Homes, answered questions
from the board and requested board approval.
President Kiser opened the public hearing and invited public comment. There being no
comments, President Kiser closed the public hearing.
Moved by Commissioner Kamish (Budziszewski) to adopt the resolution authorizing the
sale of 4824 56th Ave. N. to Noberg Homes. Motion carried.
5. Property Status Update
Staff provided updates on the following projects:
5240 Apts (5240 West Broadway)
Tequila Town (99 Willow Bend)
Page 2 of 3
Wells Fargo (5600 West Broadway)
USFAAF (5586 West Broadway)
Wine Thief & Ale Jail (3600 Douglas Dr. N.)
4-unit residential building at 4741 Welcome Ave. N.
House under construction at 6505 31st Ave. N.
Vacant lot at 3949 Douglas Dr. N.
Staff answered questions from the board regarding the vacant commercial space at 6024
42nd Ave. N. and the licensing enforcement process for THC (edible cannabinoid)
businesses.
6. Other Business
There was no other business.
7. Adjournment
Moved by Commissioner Budziszewski (Cummings) to adjourn the meeting. Motion
carried. The meeting adjourned at 6:59 p.m.
Page 3 of 3
These minutes of the November 7, 2023 meeting of the Crystal Economic Development
Authority were approved by the Authority on ________________ ____, 20___.
______________________________
Therese Kiser, President
ATTEST:
______________________________
Forest Eidbo, Secretary
___________________________________________________________________________
FROM: John Sutter, Community Development Director
DATE: November 29, 2023
TO: Adam R. Bell, Executive Director (for December 5 EDA meeting)
SUBJECT: Consider a resolution adopting a 2024 HRA tax levy and EDA budget
As part of the annual budgeting process, the EDA formally requests a Housing and
Redevelopment Authority tax levy which would comprise most of its funding. The 2023 levy
was $316,200. Staff is recommending a 2024 levy of $335,172 which is a 6% increase from
2023. The statutory maximum HRA levy is $528,438 which is 0.0185 percent of the estimated
market value of the property in the City.
Anticipated 2024 EDA activities:
• One or more redevelopment projects in the Town Center redevelopment area
• Expand branding and beautification efforts, including utility box wraps
• Continue façade improvement grants after Hennepin County funds are expended
• Sale of properties currently being held by the EDA (proceeds increase the fund balance)
• Home improvement grants for qualifying households located outside the redevelopment
project area (not eligible for TIF funds)
On Sep. 5, 2023 the EDA and City Council approved the proposed 2024 HRA tax levy and
EDA budget.
Attachments:
• Resolution adopting a proposed 2024 HRA tax levy and EDA budget
• EDA budget detail
• Crystal EDA 2024… and beyond (slide updated from April 18, 2023 meeting)
EDA ACTION REQUESTED
Adoption of the attached resolution is requested to finalize the 2024 HRA tax levy and EDA
budget.
EDA STAFF REPORT
Proposed 2024 HRA Tax Levy and EDA Budget
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
HENNEPIN COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2023 - ___
ADOPTING A 2024 BUDGET AND PROPERTY TAX LEVY
AND REQUESTING THEIR APPROVAL BY THE CITY COUNCIL
WHEREAS, the Economic Development Authority of the City of Crystal (the “EDA”) undertakes
redevelopment and housing activities in the City of Crystal, Minnesota (the “City”); and
WHEREAS, pursuant to authority granted by Minnesota Statutes, Section 469.02 and the
enabling resolution of the EDA, the EDA exercises all of the powers of a housing and
redevelopment authority (“HRA”) as described in Minnesota Statues, Section 469.001 to
469.047 (the “Act”); and
WHEREAS, under Section 469.033 Subdivision 6 of the Act, an HRA is authorized to levy and
collect special benefit taxes on all taxable property under the jurisdiction of the HRA, that is,
property in the City; and
WHEREAS, the maximum permitted HRA levy is $528,438 which is calculated at 0.0185 percent
of the estimated market value of the property in the City.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of
Crystal as follows:
1. The EDA hereby adopts a 2024 EDA budget for housing and redevelopment in the
amount of $401,513.
2. The EDA hereby adopts a 2024 HRA property tax levy of $335,172 for the purpose of
funding the adopted budget in conformance with Section 469.033, Subdivision 6 of
Minnesota Statutes.
3. The Executive Director is authorized and directed to transmit a certified copy of this
Resolution to the City Council of the City of Crystal for its consent and approval as
provided by Section 469.033 of the Act and for certification to the Property Tax Manager
of Hennepin County.
Adopted this ____ day of December, 2023.
_______________________________
Therese Kiser, President
_______________________________
Adam Bell, Executive Director
Revenue 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed
Property Taxes - Adopted Levy 282,744$ 300,000$ 310,122$ 316,200$ 335,172$
Prior Years' Delinquent Taxes 1,191$ 1,471$ 1,605$ -$ -$
Special Assessments* 20,107$ 20,003$ 32,839$ 32,834$ 32,834$
Interest Income 79,686$ (10,026)$ (39,171)$ 8,000$ 8,000$
Miscellaneous Revenue -$ 273$ 14,533$ -$ 26,800$
Total Revenue 383,728$ 311,720$ 319,927$ 357,034$ 402,806$
Expenditures 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed
Personnel Services 312,634$ 330,071$ 299,173$ 271,358$ 232,708$
Professional, Audit & Legal Services 17,163$ 8,160$ 31,306$ 26,000$ 32,000$
Contractual Services* 5,136$ 77,980$ 3,484$ 5,000$ 15,000$
Internal Service Fund Charges -$ 4,568$ 5,186$ 5,215$ 7,354$
Home Improvement Grant Program 40,511$ 91,470$ 33,625$ 25,300$ 26,800$
Branding and Beautification 10,550$ 12,228$ 6,251$ 20,050$ 40,550$
Façade Improvement Grants -$ -$ 12,500$ -$ 40,000$
Miscellaneous Operating Expenses 3,127$ 2,437$ 5,849$ 5,000$ 7,100$
Total Expenditures 389,119$ 526,914$ 397,374$ 357,923$ 401,513$
Net Revenue Over (Under) Expenditures 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed
(5,392)$ (215,194)$ (77,447)$ (889)$ 1,293$
Cash Fund Balance at Year End 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed
* * * ** **
2,159,000$ 2,053,388$ 1,971,841$ 1,970,952$ 1,972,245$
** Adopted and Proposed Cash Fund Balance are from the Long Term Plan.
EDA Budget Detail
* Prior years' Actual Cash Fund Balances are from each year's Audit. The change in cash balance may not
match that year's net revenue over (under) expenditures due to accounting methods for property acquisition
costs and sale proceeds.
*Special assessments are the method of repayment for EDA financing of installation of fire protection
systems. 2024 special assessment revenue is comprised of $20,000 from 6105 42nd Ave N and $12,834
from 5600 56th Ave N.
*2021 contractual services expenditures included $64,170 for installation of a fire protection system at 5600
56th Ave N.
Crystal EDA 2024… and beyond
Can continue with
previously planned 2%
increase to HRA levy
STS litter clean-ups
Senior Community
Services
Flowers etc. for
planters
Senior Community
Services
Elevate Hennepin
business assistance
Business promotion &
outreach
Business networking
Embodied in adopted
2023 budget
Additional items funded
by shifting staff time plus
6% increase to HRA levy
Maintenance contract
for planters and
landscape beds
Continue façade grants
Utility box wraps,
decorative entrance
monument signs and
other beautification
projects (1-2 per year)
Embodied in proposed
2024 budget
Additional items that
would require increasing
HRA levy to statutory
max. ($528,438 in 2024)
Major beautification
projects (medians,
boulevards, utility
undergrounding)
Douglas Dr/W Bdwy
intersection project
Strategic acquisitions
Will be included in 2025-
2026 budget discussions
in spring-summer 2024
Page 1 of 3
__________________________________________________________________________
FROM: John Sutter, Community Development Director
DATE: November 29, 2023
TO: Adam R. Bell, Executive Director (for December 5 EDA meeting)
SUBJECT: Consider approval of a contract with Center for Energy and Environment
for administration of the Home Improvement Grant Program from July 1,
2024 - June 30, 2025
The EDA contracts with Center for Energy and Environment (CEE) to administer the home
improvement grant program. The current contract period ends on June 30, 2024 and the next
contract period is July 1, 2024 - June 30, 2025. The program budget would be $322,000 which
is a 5% increase over the current contract. This is consistent with the EDA budget for 2024
and the anticipated budget for 2025 based on the Long Term Plan.
Approximately 90% of the funding will come from the TIF fund and 10% from the EDA/HRA
fund, although beginning in 2024 that will be backfilled by the state’s new housing aid to local
governments which is funded by a portion of a new 0.25% sales tax in the metro area.
TIF funds are anticipated to be exhausted sometime in 2029, at which point the state housing
aid is anticipated to fully fund the program. Please see charts below and on the next page.
EDA STAFF REPORT
Home Improvement Grant Program contract with
Center for Energy and Environment
Page 2 of 3
Page 3 of 3
PROGRAM DATA
Calendar year 2022 (from the 2022 EDA Annual Report):
First half of 2023:
46 grants $2,891 average grant $14,454 average project
$132,981 spent on grants $20,747 spent on admin.
EDA ACTION REQUESTED
EDA approval of each contract is sought approx. 6 months before expiration of the current
contract so there would be advance warning to homeowners if the EDA chooses to modify or
end the program.
Staff requests EDA approval of the attached agreement with Center for Energy and
Environment for administration of home improvement programs for the period July 1, 2024
through June 30, 2025.
CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND
ENVIRONMENT CEE #4073 Page 1
HOME IMPROVEMENT PROGRAM ORIGINATION AGREEMENT
This HOME IMPROVEMENT PROGRAM ORIGINATION AGREEMENT (“Agreement”), dated this _____
day of _____________________, 20____, is made by and between the ECONOMIC DEVELOPMENT
AUTHORITY in and for the City of Crystal, with offices at 4141 Douglas Dr N, Crystal, MN 55422
(“Authority”), and CENTER FOR ENERGY AND ENVIRONMENT, with offices at 212 3rd Avenue North,
Suite 560, Minneapolis, Minnesota 55401 (“CEE”).
RECITALS
A. The Authority has a need for certain professional services and desires to retain CEE to
provide said services, all subject to the terms and conditions contained in this
Agreement.
B. CEE is qualified to provide the desired professional services and desires to provide said
services for the Aut hority, all subject to the terms and conditions contained in this
Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained in this
Agreement, the parties agree as follows:
1. Services/Scope of Work
1.1 CEE shall in conjunction with the Authority develop and deliver the City of Crystal
Home Improvement Program (hereinafter the “Program”) and more fully described in
Exhibit A1 attached hereto. All activities delivered under the Program shall be
coordinated with the Authority’s designated Community Development Director, John
Sutter.
1.2 CEE shall assist the Authority staff in marketing the Program. This will include being
on the CEE website and creating an information sheet about the loan program.
1.3 The funding source is exclusively from the Authority.
2. Compensation
2.1 The Authority shall compensate CEE for services provided under this agreement
according to the schedule in Exhibit B1 attached hereto.
The Authority shall compensate CEE only for services completed.
2.2 Upon request, CEE will provide additional marketing services. Hourly rates are
inclusive of all overhead expenses and will be charged only for hours directly related to
marketing. CEE will be reimbursed by the Authority for any non-labor, out-of-pocket
expenses, relating to these services on a dollar-for-dollar basis with no mark-up.
CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND
ENVIRONMENT CEE #4073 Page 2
2.3 CEE shall invoice the Authority not more than two times each month. The Authority
shall pay CEE within 20 days of receipt of the invoice.
3. CLIENT’s Obligations
3.1 If requested by CEE, the Authority shall make reasonable efforts to respond
promptly to requests from CEE for information and approvals regarding the
services to be provided under this Agreement.
3.2 If requested by CEE, the Authority shall make reasonable efforts to obtain
information and or permission for access from clients which may be necessary
for CEE to provide the services under this Agreement.
3.3 The Authority shall provide sufficient funding to fund eligible Authority funded
loans. The Authority shall determine the amount of funds allocated to the
Program.
3.4 The Authority shall establish eligibility for the Program and shall provide these
criteria in writing to CEE prior to commencement of any marketing efforts.
3.5 The Authority shall make reasonable efforts to respond promptly to requests from
CEE for information and approvals regarding the services to be provided under
this Agreement.
4. CEE’s Obligations
4.1 CEE shall use its best efforts to provide services under this Agreement in a
professional manner consistent with the care and skill used by reputable
members of CEE’s profession.
4.2 CEE, and all of its employees or agents, shall comply with all statutes,
ordinances, rules, regulations and other laws applicable to the provision of
services under this Agreement.
4.3 CEE shall secure all permits and licenses required for performance of the
services under this Agreement.
4.4 CEE shall not engage in discriminatory employment practices against any
employee or applicant for employment and shall in all respects comply with all
federal, state and local laws, regulations and orders, including without limitation,
Chapter 363 of the Minnesota Statutes, as amended from time to time. Failure
to comply with the provisions hereof shall be deemed a material default under
this Agreement.
5. Term and Termination
CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND
ENVIRONMENT CEE #4073 Page 3
5.1 Unless earlier terminated as provided in the following paragraphs, this
Agreement shall become effective on 7/1/2024 and continue through
6/30/2025.
5.2 This Agreement may be terminated by either party, for any reason or no reason,
immediately upon written notice to the other party. In the event this Agreement
is terminated by CEE prior to the expiration of the term set forth in paragraph
5.1, the Authority shall compensate CEE for all services delivered up the date of
termination and CEE shall provide the Authority with such information as the
Authority may request regarding the status of the Program.
5.3 Any termination of this Agreement shall not release either party from their
respective obligations under sections 7 and 8 of this Agreement.
6. Insurance
6.1 During the term of this Agreement, CEE will obtain and maintain insurance in the
amounts listed below:
General Liability $2,000,000 Aggregate Limit
Automobile Liability $1,000,000 Combined Single Limit
Excess Liability $1,000,000 Aggregate Limit
Workers Compensation Statutory Limit
7. Liability and Indemnification
7.1 CEE represents that the services to be provided under this Agreement are
reasonable in scope and that CEE has the experience and ability to provide the
services.
7.2 CEE warrants that any services provided hereunder shall be done in a
professional and workmanlike manner.
7.3 CEE shall indemnify, defend and hold harmless Authority and its officers,
directors, employees and agents from and against any and all claims,
damages, losses, injuries and expenses (including attorneys’ fees and damages
for death, personal injury and property damage) which Authority may incur as a
result of any act or omission by CEE in providing services under this Agreement.
7.4 Authority shall indemnify, defend and hold harmless CEE and its officers,
directors, employees and agents from and against any and all claims,
damages, losses, injuries and expenses (including attorneys’ fees and damages
for death, personal injury and property damage) which CEE may incur as a
result of any act or omission by Authority in discharging its duties under this
Agreement.
8. Confidentiality
Unless otherwise agreed by Authority in writing, CEE shall maintain in confidence and
not disclose to any third party any information obtained regarding the Authority
CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND
ENVIRONMENT CEE #4073 Page 4
and/or any of Authority’s clients for which CEE is providing services; provided,
however, that this obligation to maintain confidentiality shall not apply to:
a) Information in the public domain at the time of disclosure;
b) Information which becomes part of the public domain after disclosure
through no fault of CEE; or
c) Information which CEE can demonstrate was known by it prior to the date
of this Agreement.
Notwithstanding the foregoing, CEE shall be entitled to disclose the documents or client
information covered by this paragraph to governmental authorities to the extent CEE
reasonably believes it has a legal obligation to make such disclosures and to the extent
CEE reasonably deems to be necessary; provided, however, that if CEE believes that any
such disclosure is required by law, it shall provide advance notice to the Authority to
provide the Authority with a reasonable opportunity to attempt to obtain an injunction or
other protective order preventing such disclosure.
9. Relationship of Parties
CEE will provide services as an independent contractor under this Agreement.
Neither CEE, nor any of its employees or agents, shall be considered employees of the
Authority for any purpose, and neither shall CEE be eligible for any compensation or
benefits which the Authority may provide to its employees from time to time. CEE shall
be solely responsible for all employment and other taxes applicable to providing
services hereunder, and the Authority will not withhold any taxes or contributions from
the compensation payable to CEE under this Agreement.
10. Notices
All notices, requests, demands and other communications required to be given in
writing under this Agreement shall be given to the other party in person or by mail as
provided in this section. If delivered personally, notice shall be deemed to have been
duly given on the date of delivery. If delivered by mail, such notice shall be sent via
first class U.S. mail, postage prepaid, to the address set forth at the beginning of this
Agreement or such other address as a party may otherwise request by written notice,
and notice shall be deemed duly given three (3) business days after mailing.
11. Assignment
This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, successors and assigns; provided, however, that neither party shall
assign or transfer in any manner, this Agreement or any portion hereof without the
prior written consent of the other party, and any attempt to assign or transfer without
prior written consent shall be void and of no effect.
12. Governing Law
CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND
ENVIRONMENT CEE #4073 Page 5
This Agreement shall be governed by and construed in accordance with the laws of
the State of Minnesota.
13. Miscellaneous
13.1 Headings and captions used in this Agreement are for convenience only and
shall not affect the meaning of this Agreement.
13.2 This Agreement contains the entire agreement of the parties and supersedes all
prior agreements, discussions and representations, written or oral, concerning
the subject matter hereof.
13.3 No waiver by the Authority of any term or condition of this Agreement or any
document referred to herein shall, whether by conduct or otherwise, be
construed as a waiver or release of any other term or condition of this
Agreement.
13.4 This Agreement may only be amended in a written agreement signed by both
parties.
13.5 Except as expressly set forth in section 7, the rights and benefits under this
Agreement shall inure solely to the benefit of the Authority and CEE, and this
Agreement shall not be construed to give any rights, benefits or causes of
action to any third party.
13.6 The invalidity or partial invalidity of any provision of this Agreement shall not
invalidate the remaining provisions, and the remainder shall be construed as of
the invalidated portion shall have never been a part of this Agreement.
13.7 CEE shall comply with the provisions of Minnesota Statutes Chapter 13
(Government Data Practices) that are applicable to the Authority and shall not
disseminate any information concerning loan requests of the borrowers without
the prior written approval of the Authority.
13.8 This Agreement may be signed in any number of counterparts, each of which
shall be deemed an original and one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written
above.
CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND
ENVIRONMENT CEE #4073 Page 6
ECONOMIC DEVELOPMENT AUTHORITY
In and for the City of Crystal
By: ________________________________________ Its: Executive Director
Adam Bell
Date: ________________________________________
CENTER FOR ENERGY & ENVIRONMENT
By: Its:
Date: Tax ID # 41-1647799
Exhibit A1 - _#4073_ Page 1
EXHIBIT A1
Crystal Program Guidelines
This document includes guidelines for the
Home Improvement Program of the
Economic Development Authority of the City of Crystal
Exhibit A1 - _#4073_ Page 2
Crystal Grant Program
CRYSTAL PROGRAM GUIDELINES
The Crystal Economic Development Authority (Authority) is making funds available for homeowners to
assist with home additions, remodeling, maintenance and energy improvements. The Crystal Home
Improvement Program is designed to supplement existing loan programs available from MHFA, CEE,
private lenders and other housing resources. These programs are not intended to be the sole source of
improvement funds available to the homeowners in the City. Center for Energy and Environment shall
serve as the administrator for the Crystal Grant Program and will secure the most beneficial financing
based on the borrower’s needs independent of the funding source.
Eligible Project Expenses:
• Interior remodeling
• Building additions
• Finishing basements, attics or similar spaces to convert them into habitable space
• Energy efficiency improvements
• Exterior building improvements such as roofing, siding, soffits/fascia, windows and doors
• Site improvements such as retaining walls, sidewalks, driveways, fences, patios, decks, garages and
the removal of diseased or hazardous trees
• Systems such as HVAC, electrical and plumbing
• Permanent Landscaping
Ineligible Project Expenses:
• Payment for work initiated prior to the grant being approved and closed, unless due to emergency.
• Recreation or luxury projects (pools, lawn sprinkler systems, playground equipment,
saunas, whirlpools, etc.)
• Furniture, non‐permanent appliances (unless part of a kitchen remodel), funds for working capital,
debt service or refinancing existing debts.
• Homeowner labor or other in‐kind contributions to the project.
Minimum Project Size:
Eligible Project Expenses must total at least $4,000 to qualify for a grant.
Grant Amount:
20% of Eligible Project Expenses, except as noted below:
• Exception: For projects replacing or lining a sanitary sewer service and/or disconnecting stormwater
drainage (sump connections, foundation drains, etc.) from the sanitary sewer, the grant amount is
40% of those particular, itemized project costs. This is intended to augment the city's efforts to
reduce inflow & infiltration into the sanitary sewer system. In many cases this work will be triggered
by, and completed in conjunction with, the city's utility reconstruction projects (typically 1‐4 blocks
per year). However, any income‐qualified, owner‐occupied residential property in the city is eligible.
No property may receive grants totaling more than $8,000 in any calendar year.
Exhibit A1 - _#4073_ Page 3
Eligible Properties: 1‐4 unit owner‐occupied properties located within the geographical boundaries of
the City of Crystal. Properties held in a Trust, Townhomes and Condominiums are eligible, subject to
Association Bylaws. Properties may be held in a Contract for Deed. If the property has more than 1
unit, the non‐owner‐occupied units must be in compliance with the City of Crystal’s rental licensing
requirements.
Ineligible Properties: Dwellings with more than 4 units, cooperatives, manufactured homes, time
shares, properties used for commercial purposes and non‐owner occupied properties.
Eligible Recipients: All recipients must be legal residents of the United States, as evidenced by a social
security number, Including: U.S. Citizens, Permanent Resident Aliens, and Non‐Permanent Resident
Aliens. TAX IDENTIFICATION NUMBERS (ITIN) ARE NOT ACCEPTABLE.
Ineligible Recipients: Including but not limited to: ‐ Businesses, Foreign Nationals, Non‐Occupant Co‐
Borrowers, and Properties held in the name of a trust.
Income Limit:
The property owner’s household income, including all persons living with the property owner
regardless of familial or relationship status, shall not exceed the following maximum household income
thresholds using HUD Regional Median Income based on household size:
• 90% of regional median income for 1-person households
• 100% of regional median income for households of 2 or more persons
Income will be determined by the adjusted gross income on the most recent Federal Tax Return. If a
tax return is not required, income will be determined by the projected gross income for the upcoming
12 months.
Credit Requirements: 1) All mortgage payments must be current, 2) All real estate taxes must be
current, and 3) No defaulted government loans, tax liens or child support.
Bids: Two estimates are required. Only 1 materials list is required for sweat equity projects. All
contractors must be properly licensed
Sweat Equity / Homeowner Labor: Work may be performed by property owners on a “sweat equity”
basis, but only the purchase of materials and rental of tools or equipment will be considered an Eligible
Project Expense.
Recipient Paid Fees: None
Deadline for Work Completion: All work must be completed within 120 days of the grant closing.
Extensions may be granted by CEE due to weather or similar factors.
Exhibit A1 - _#4073_ Page 4
General Program Conditions
Application Processing: Grants will be distributed on a first come first serve basis as recipients qualify.
Applicants must provide a completed application package including the following in order to be
considered for funding.
Completed and signed application form
Proof of income
Proof of Identity (drivers license, passport, etc.)
Bids or estimates for proposed projects
Other miscellaneous documents that may be required.
Program Costs: Grant origination fees, grants and post‐installation inspection fees will be paid out of the
Program Budget. Program marketing efforts will be billed directly to the City of Crystal and is a separate
expense should the city choose to commission CEE for marketing support.
Total Project Cost: It is the recipient’s responsibility to obtain the amount of funds necessary to finance
the entire cost of the work. In the event the final cost exceeds the original amount, the recipient must
obtain the additional funds and provide verification of the additional funds in order to proceed.
Disbursement Process:
Grant: Payment to the contractor (or owner in sweat equity situations) will be made upon completion
of work. An inspection will be performed by a City Inspector and/or CEE to verify the completion of the
work. The following items must be received prior to final disbursement of funds:
• Final invoice or proposal from contractor (or materials list from supplier);
• Final inspection verification by a City Inspector ;
• Completion certificate(s) signed by borrower and contractor;
• Lien waiver for entire cost of work;
• Evidence of city permit (if required) or confirmation of post‐installation inspection by city (if no
permit is required).
EXHIBIT B1
Crystal Program Budget
July 1, 2024 ‐ June 30, 2025
Crystal Grant Budget Allocation (includes Grants plus Annual Administration Fee, Post‐
Installation Inspection Fees and Grant Origination Fees): $322,000
TOTAL PROGRAM BUDGET: $322,000
Budget Notes:
1. CEE shall submit monthly invoices for grants, origination fees and post‐ installation
inspections for that period.
2. Services performed by CEE will initially be funded from the Total Program Budget as
stated above and paid in accordance with the following schedule.
(1) Annual Administration Fee $5,000 (due July 1st of each year the contract is
active)
(2) Origination Fee: Grant $500 per grant closed
3. Marketing
Marketing efforts outside of CEE’s website and grant information are not included in
the administrative budget. Hourly rates are inclusive of all overhead expenses and will
be charged only for hours directly related to the labor of all additional program
marketing. CEE will also be reimbursed by City of Crystal for any non‐labor,
out‐of‐pocket expenses relating to these services on a dollar‐for‐dollar basis.
Exhibit B1 ‐ #4073
___________________________________________________________________________
FROM: John Sutter, Community Development Director
DATE: November 29, 2023
TO: Adam R. Bell, Executive Director (for December 5 meeting)
SUBJECT: Consider a resolution approving a Business District Initiative grant
agreement with the Hennepin County Housing and Redevelopment
Authority to continue the Crystal Storefront Enhancement Program
In late 2021 Hennepin County awarded a $30,000 Business District Initiative grant to the city to
create an incentive for storefront improvements. For reasons internal to Hennepin County, the
grant agreement had to be with the city but the county allowed the city to assign it to the EDA
for program implementation. This $30,000 grant should be expended by the end of 2023 as
follows:
• 2022: Elision Playhouse (6105 42nd Ave. N.) received $12,500.
• 2023: B&R Auto Repair (6304 42nd Ave. N.) received $12,500.
• 2023: Wine Thief & Ale Jail (3600 Douglas Dr. N.) is expected to receive $12,500
(comprised the remaining $5,000 from the 2021 county grant and $7,500 of EDA funds).
The 2023 EDA Work Program included a continuation of this program, and to that end, staff
applied for $45,000 from the county’s Business District Initiative program. On Nov. 14 the
Hennepin County Housing and Redevelopment Authority (HCHRA) awarded $25,000 for the
continuation of the program with the same parameters as the previous award:
Only properties in specifically designated segments along 56th Ave. N. (Bass Lake Road),
42nd Ave. N. and Douglas Dr. N.) are eligible.
The façade assistance would be provided in the form of a deferred, forgivable, no interest
loan for 50% of the project cost.
The deferred loan would have a 10-year term and the balance would be reduced by 10%
each year. If the property is sold during the 10-year term, full repayment of the remaining
loan balance would be required. Any repayments would be used to capitalize a revolving
loan fund for Crystal to continue the program after the county funding is exhausted.
The minimum project would be $10,000 (meaning a $5,000 forgivable loan). There would
be no maximum project but the maximum forgivable loan would be $12,500.
EDA STAFF REPORT
Hennepin County Business District Initiative
Grant - Storefront Enhancement Program
Because the county funds are coming from the HCHRA, they can be awarded directly to the
EDA so no assignment agreement from the city to the EDA is necessary.
The 2024 EDA budget includes $40,000 for this program, but now that we have this $25,000
grant from the county to continue the current program in 2024, we will use county funds first.
As part of the 2024 EDA Work Program discussions during the first quarter, the EDA will
consider various options for whether and how to use the $40,000 in EDA funds. This could
include making changes to the program guidelines such as increasing the maximum grant
above the current $12,500 cap, expanding the program to commercial properties outside the
three county-approved business districts, modifying the eligible and ineligible types of work,
and so forth.
Attachments:
• Resolution authorizing execution of the grant agreement with the HCHRA
• Proposed grant agreement including program guidelines and eligible business districts
REQUESTED EDA ACTION
Adopt the attached resolution authorizing execution of the grant agreement with the HCHRA.
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
HENNEPIN COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2023 - ___
APPROVING A 2023 BUSINESS DISTRICT INITIATIVE AGREEMENT WITH HENNEPIN
COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO CONTINUE THE CRYSTAL
STOREFRONT ENHANCEMENT PROGRAM
WHEREAS, the Economic Development Authority of the City of Crystal (the “EDA”) has
established a Storefront Enhancement Program to encourage commercial property owners to
make improvements to building facades in three designated business districts in the City of
Crystal (the “Program”); and
WHEREAS, Hennepin County previously provided a Business District Initiative grant for the
Program but these funds are expected to be expended by the end of 2023; and
WHEREAS, the EDA has requested funding from Hennepin County to continue the Program
after 2023; and
WHEREAS, the Hennepin County Housing and Redevelopment Authority (the “HCHRA”) has
awarded a grant in the amount of $25,000 (the “Grant”) to the EDA to continue the Program; and
WHEREAS, to accept the Grant the EDA must execute Contract No. PR00005746 (the “Grant
Agreement”) which includes the terms and conditions of the Grant.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of
Crystal that the Executive Director is authorized to execute the Grant Agreement.
Adopted this ____ day of December, 2023.
_______________________________
Therese Kiser, President
_______________________________
Adam Bell, Executive Director
Form 101 (Revised 8/2022) 1
Contract No: PR00005746
2023 BUSINESS DISTRICT INITIATIVE AGREEMENT
FOR CITY OF CRYSTAL
This Agreement is between the HENNEPIN COUNTY HOUSING AND REDEVELOPMENT
AUTHORITY, a political subdivision of the State of Minnesota (the “AUTHORITY”), 701
Fourth Avenue South, Suite 400, Minneapolis, Minnesota 55415 and the ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL, a public body corporate and
politic, or affiliated entity, 4141 Douglas Dr. N., Crystal, MN 55422, (“CITY”).
WHEREAS, Hennepin County created the Business District Initiative in 2015 (Resolution 15-
HCHRA-0006R1) to support small business districts in suburban Hennepin County
(“PROGRAM”); and
WHEREAS, following issuance of budgetary approval from the Hennepin County Board,
AUTHORITY authorized up to $200,000 for the PROGRAM in 2023; and
WHEREAS, CITY was selected by AUTHORITY via an open and competitive procurement
process conducted September 7, 2023 through October 5, 2023 to provide the services described
herein under the PROGRAM.
The parties agree as follows:
1. TERM AND COST OF THE AGREEMENT
This Agreement shall commence on November 14, 2023, and expire on June 30, 2025,
unless cancelled or terminated earlier in accordance with the provisions herein.
The total cost of this Agreement, including all reimbursable expenses, shall not exceed
twenty-five thousand dollars ($25,000).
2. ELIGIBLE ACTIVITIES
The PROGRAM funds shall support CITY’s façade improvement program in three
business nodes throughout the City of Crystal, as more fully described in Attachment B,
attached herein. CITY shall provide a 1:1 match to AUTHORITY funds from public or
private sources as more fully described in Attachment A, program guidelines, attached
herein.
3. PAYMENT FOR SERVICES
CITY shall perform all activities hereunder to the satisfaction of AUTHORITY, in
accordance with the provisions herein, and in compliance with applicable law. If
Form 101 (Revised 8/2022) 2
AUTHORITY determines that CITY has not complied with the foregoing, AUTHORITY
shall not have any obligation to pay CITY for the non-complying activities.
Reimbursable expenses are limited to the actual cost for façade improvements outlined in
the program guidelines outlined in Attachment A. Payment for activities shall be made
directly to CITY after completion of the activities and upon the presentation of a claim as
provided by law governing AUTHORITY’s payment of claims and/or invoices. CITY
shall submit monthly invoices for activities completed on forms which may be furnished
by AUTHORITY. Payment shall be made within thirty (30) days from receipt of the
invoice.
Payments shall be made pursuant to the provisions herein and AUTHORITY’s then
applicable payment policies, procedures, rules and directions. AUTHORITY is not
responsible for remedying fraudulent or unauthorized payments requested in CITY’s
name.
Unless expressly approved in writing by AUTHORITY, CITY shall not complete
activities under this Agreement without receiving a purchase order or purchase order
number supplied by AUTHORITY. All invoices shall display a Hennepin County
purchase order number and be emailed to OBF.Internet@hennepin.us and
Ryan.Kelley@hennepin.us, or sent to the following central invoice receiving address: PO
Box 1388, Minneapolis, MN 55440.
AUTHORITY may withhold from any payment due to CITY any amount which is due
and owing AUTHORITY under this or any other agreement between the parties due to
overpayment or as a result of an audit.
4. INDEPENDENT CONTRACTOR
CITY shall select the means, method, and manner of performing the services. Nothing is
intended nor should be construed as creating or establishing the relationship of a
partnership or a joint venture between the parties or as constituting CITY as the agent,
representative, or employee of AUTHORITY for any purpose. CITY is and shall remain
an independent contractor for all services performed under this Agreement. CITY shall
secure at its own expense all personnel required in performing services under this
Agreement. CITY’s personnel and/or subcontractors engaged to perform any work or
services required by this Agreement will have no contractual relationship with
AUTHORITY and will not be considered employees of AUTHORITY. AUTHORITY
shall not be responsible for any claims related to or on behalf of any of CITY’s
personnel, including without limitation, claims that arise out of employment or alleged
employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes
Chapter 268) or the Minnesota Workers’ Compensation Act (Minnesota Statutes Chapter
176) or claims of discrimination arising out of applicable law, against CITY, its officers,
agents, contractors, or employees. Such personnel or other persons shall neither accrue
nor be entitled to any compensation, rights, or benefits of any kind from AUTHORITY,
including, without limitation, tenure rights, medical and hospital care, sick and vacation
Form 101 (Revised 8/2022) 3
leave, workers’ compensation, unemployment compensation, disability, severance pay,
and retirement benefits.
5. NON-DISCRIMINATION
A. In accordance with laws against discrimination, CITY shall not exclude any
person from full employment rights nor prohibit participation in or the benefits of
any program, service or activity on the grounds of any protected status or class,
including but not limited to race, color, creed, religion, national origin, sex,
gender expression, gender identity, age, disability, marital status, sexual
orientation, or public assistance status. No person who is protected by applicable
law against discrimination shall be subjected to discrimination.
B. AUTHORITY encourages CITY to develop and implement a policy promoting
diversity, equity, and inclusion in CITY’s workplace.
6. INDEMNIFICATION
CITY shall defend, indemnify, and hold harmless AUTHORITY, its present and former
officials, officers, agents, volunteers and employees from any liability, claims, causes of
action, judgments, damages, losses, costs, or expenses, including attorney’s fees,
resulting directly or indirectly from any act or omission of CITY, a subcontractor, anyone
directly or indirectly employed by them, and/or anyone for whose acts and/or omissions
they may be liable in the performance of the services required by this Agreement, and
against all loss by reason of the failure of CITY to perform any obligation under this
Agreement. For clarification and not limitation, this obligation to defend, indemnify and
hold harmless includes but is not limited to any liability, claims or actions resulting
directly or indirectly from alleged infringement of any copyright or any property right of
another, the employment or alleged employment of CITY personnel, the unlawful
disclosure and/or use of protected data, or other noncompliance with the requirements of
these provisions.
7. INSURANCE
Each party warrants that it has a purchased insurance or a self-insurance program
sufficient to meet its liability obligations and, at a minimum, to meet the maximum
liability limits of Minnesota Statutes Chapter 466. This provision shall not be construed
as a waiver of any immunity from liability under Chapter 466 or any other applicable
law.
8. DUTY TO NOTIFY
CITY shall promptly notify AUTHORITY of any demand, claim, action, cause of action
or litigation brought against CITY, its employees, officers, agents or subcontractors,
which arises out of the services described in this Agreement. CITY shall also notify
AUTHORITY whenever CITY has a reasonable basis for believing that CITY and/or its
Form 101 (Revised 8/2022) 4
employees, officers, agents or subcontractors, and/or AUTHORITY, might become the
subject of a demand, claim, action, cause of action, administrative action, criminal arrest,
criminal charge or litigation arising out of and/or related to the services described in this
Agreement.
9. DATA PRIVACY AND SECURITY
A. CITY, its officers, agents, owners, partners, employees, volunteers and
subcontractors shall, to the extent applicable, abide by the provisions of the
Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13
(MGDPA) and all other applicable law, rules, regulations and orders relating to
data or the privacy, confidentiality or security of data. For clarification and not
limitation, AUTHORITY hereby notifies CITY that the requirements of
Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. CITY shall
promptly notify AUTHORITY if CITY becomes aware of any potential claims, or
facts giving rise to such claims, under the MGDPA or other data, data security,
privacy or confidentiality laws, and shall also comply with the other requirements
of this Section.
Classification of data, including trade secret data, will be determined pursuant to
applicable law and, accordingly, merely labeling data as “trade secret” by CITY
does not necessarily make the data protected as such under any applicable law.
B. In addition to the foregoing MGDPA and other applicable law obligations, CITY
shall comply with the following duties and obligations regarding County Data and
County Systems (as each term is defined herein). As used herein, “County Data”
means any data or information, and any copies thereof, created by CITY or
acquired by CITY from or through Hennepin County or AUTHORITY pursuant
to this Agreement, including but not limited to handwriting, typewriting, printing,
photocopying, photographing, facsimile transmitting, and every other means of
recording any form of communication or representation, including electronic
media, email, letters, works, pictures, drawings, sounds, videos, or symbols, or
combinations thereof.
If CITY has access to or possession/control of County Data, CITY shall safeguard
and protect the County Data in accordance with generally accepted industry
standards, all laws, and all then applicable policies, procedures, rules and
directions. To the extent of any inconsistency between accepted industry
standards and such policies, procedures, rules and directions, CITY shall notify
AUTHORITY of the inconsistency and follow AUTHORITY’s direction. CITY
shall immediately notify AUTHORITY of any known or suspected security
breach or unauthorized access to County Data, then comply with all responsive
directions provided by AUTHORITY. The foregoing shall not be construed as
eliminating, limiting or otherwise modifying CITY’s indemnification obligations
herein.
Form 101 (Revised 8/2022) 5
C. AUTHORITY may, in its sole discretion, grant CITY limited access to
AUTHORITY’S computer/data systems, including but not limited to Hennepin
County or AUTHORITY computers, networks, databases, applications and/or
environments owned by Hennepin County or AUTHORITY, (“County Systems”)
exclusively for the purposes of performing services hereunder. County Systems
may be owned by Hennepin County or AUTHORITY or may be licensed by
Hennepin County or AUTHORITY from a third party. If AUTHORITY grants
access to County Systems, CITY and all CITY personnel with access to County
Systems: (i) shall secure and safeguard all access and authentication information
related to County Systems, including but not limited to usernames, passwords,
and other applicable authentication information related to County Systems access,
(“Authentication Credentials”); (ii) shall not share or distribute Authentication
Credentials with any individual; and (iii) shall comply with then applicable
Hennepin County data practices and security policies, procedures, rules and
directions when accessing and using County Systems. Compliance with such
requirements is supplemental to CITY’s duty to comply with applicable law and
regulations and CITY’s ordinary duty of care in such situations.
For clarification and not limitation of the foregoing, CITY’s access to County
Systems shall be subject to the following: (i) CITY shall notify all personnel with
access to County Systems of the obligations imposed by this Agreement; (ii)
personnel performing on behalf of CITY shall complete data practices and
security training as required by AUTHORITY; (iii) if CITY utilizes its own
systems, software or equipment in the performance of this Agreement, the same
shall meet AUTHORITY’s technical operating and security system requirements,
including but not limited to installing and/or maintaining AUTHORITY or
Hennepin County approved firewalls, proxies, filters and other monitors and
controls; (iv) CITY shall immediately notify AUTHORITY of any known or
suspected County System incidents or breaches, then comply with all responsive
directions provided by AUTHORITY; and (v) if any CITY personnel with access
to County Systems no longer requires said access and/or is no longer performing
services hereunder, CITY shall immediately notify AUTHORITY and ensure that
said individual no longer has access to County Systems, including but not limited
to deleting, eliminating and destroying all Authentication Credentials.
AUTHORITY or Hennepin County may terminate, deny or revoke access to
County Systems at any time and without notice. Any notice required by the
foregoing shall be provided to AUTHORTY’S Contract Administrator (as
identified in the CONTRACT ADMINISTRATION provisions below).
D. Upon expiration, cancellation or termination of this Agreement:
(1) At the discretion of AUTHORITY and as specified in writing by the
Contract Administrator, CITY shall deliver to the Contract Administrator
all County Data so specified by AUTHORITY.
Form 101 (Revised 8/2022) 6
(2) AUTHORITY shall have full ownership and control of all such County
Data. If AUTHORITY permits CITY to retain copies of the County Data,
CITY shall not, without the prior written consent of AUTHORITY or
unless required by law, use any of the County Data for any purpose or in
any manner whatsoever; shall not assign, license, loan, sell, copyright,
patent and/or transfer any or all of such County Data; and shall not do
anything which in the opinion of AUTHORITY would affect Hennepin
County’s or AUTHORITY’s ownership and/or control of such County
Data.
(3) Except to the extent required by law or as agreed to by AUTHORITY,
CITY shall not retain any County Data that are confidential, protected,
privileged, not public, nonpublic, or private, as those classifications are
determined pursuant to applicable law. In addition, CITY shall, upon
AUTHORITY’S request, certify destruction of any County Data so
specified by AUTHORITY.
10. RECORDS – AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5,
AUTHORITY, the State Auditor, or any of their authorized representatives, at any time
during normal business hours, and as often as they may reasonably deem necessary, shall
have access to and the right to examine, audit, excerpt, and transcribe any books,
documents, papers, records, etc., which are pertinent to the accounting practices and
procedures of CITY and involve transactions relating to this Agreement. CITY shall
maintain these materials and allow access during the period of this Agreement and for six
(6) years after its expiration, cancellation or termination.
11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. CITY binds itself, its partners, successors, assigns and legal representatives to
AUTHORITY for all covenants, agreements and obligations herein.
B. CITY shall not assign, transfer or pledge this Agreement and/or the services to be
performed, whether in whole or in part, nor assign any monies due or to become
due to it without the prior written consent of AUTHORITY. A consent to assign
shall be subject to such conditions and provisions as AUTHORITY may deem
necessary, accomplished by execution of a form prepared by AUTHORITY and
signed by CITY, the assignee and AUTHORITY. Permission to assign, however,
shall under no circumstances relieve CITY of its liabilities and obligations under
the Agreement.
C. CITY shall not subcontract this Agreement and/or the services to be performed,
whether in whole or in part, without the prior written consent of AUTHORITY.
Permission to subcontract, however, shall under no circumstances relieve CITY of
its liabilities and obligations under the Agreement. Further, CITY shall be fully
Form 101 (Revised 8/2022) 7
responsible for the acts, omissions, and failure of its subcontractors in the
performance of the specified contractual services, and of person(s) directly or
indirectly employed by subcontractors. Contracts between CITY and each
subcontractor shall require that the subcontractor’s services be performed in
accordance with this Agreement. CITY shall make contracts between CITY and
subcontractors available upon request. For clarification and not limitation of the
provisions herein, none of the following constitutes assent by AUTHORITY to a
contract between CITY and a subcontractor, or a waiver or release by
AUTHORITY of CITY’s full compliance with the requirements of this Section:
(1) AUTHORITY’s request or lack of request for contracts between CITY and
subcontractors; (2) AUTHORITY’s review, extent of review or lack of review of
any such contracts; or (3) AUTHORITY’s statements or actions or omissions
regarding such contracts.
D. As required by Minnesota Statutes section 471.425, subd. 4a, CITY shall pay any
subcontractor within ten (10) days of CITY’s receipt of payment from
AUTHORITY for undisputed services provided by the subcontractor, and CITY
shall comply with all other provisions of that statute.
12. MERGER, MODIFICATION AND SEVERABILITY
A. The entire Agreement between the parties is contained herein and supersedes all
oral agreements and negotiations between the parties relating to the subject
matter. All items that are referenced or that are attached are incorporated and
made a part of this Agreement. If there is any conflict between the terms of this
Agreement and referenced or attached items, the terms of this Agreement shall
prevail.
CITY and AUTHORITY are each bound by its own electronic signature(s) on this
Agreement, and each agrees and accepts the electronic signature of the other
party.
B. Any alterations, variations or modifications of the provisions of this Agreement
shall only be valid when they have been reduced to writing as an amendment to
this Agreement signed by the parties. Notwithstanding the foregoing, the parties
may agree to changes in the Scope of Services and Attachment A, by prior,
mutual, written agreement and without formal amendment to this Agreement. Any
such changes shall not operate to exceed the total cost of this Agreement set forth
in Section 1. Except as expressly provided, the substantive legal terms contained
in this Agreement, including but not limited to Indemnification, Insurance,
Merger, Modification and Severability, Default and Cancellation/Termination or
Minnesota Law Governs may not be altered, varied, modified or waived by any
change order, implementation plan, scope of work, development specification or
other development process or document.
Form 101 (Revised 8/2022) 8
C. If any provision of this Agreement is held invalid, illegal or unenforceable, the
remaining provisions will not be affected.
13. DEFAULT AND CANCELLATION/TERMINATION
A. If CITY fails to perform any of the provisions of this Agreement, fails to
administer the work so as to endanger the performance of the Agreement or
otherwise breaches or fails to comply with any of the terms of this Agreement, it
shall be in default. Unless CITY’s default is excused in writing by
AUTHORITY, AUTHORITY may upon written notice immediately cancel or
terminate this Agreement in its entirety. Additionally, failure to comply with the
terms of this Agreement shall be just cause for AUTHORITY to delay payment
until CITY’s compliance. In the event of a decision to withhold payment,
AUTHORITY shall furnish prior written notice to CITY.
B. Notwithstanding any provision of this Agreement to the contrary, CITY shall
remain liable to AUTHORITY for damages sustained by AUTHORITY by virtue
of any breach of this Agreement by CITY. Upon notice to CITY of the claimed
breach and the amount of the claimed damage, AUTHORITY may withhold any
payments to CITY for the purpose of set-off until such time as the exact amount
of damages due AUTHORITY from CITY is determined. Following notice from
AUTHORITY of the claimed breach and damage, CITY and AUTHORITY shall
attempt to resolve the dispute in good faith.
C. The above remedies shall be in addition to any other right or remedy available to
AUTHORITY under this Agreement, law, statute, rule, and/or equity.
D. AUTHORITY’s failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not
constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
E. This Agreement may be canceled/terminated with or without cause by
AUTHORITY upon thirty (30) days’ written notice.
F. If this Agreement expires or is cancelled or terminated, with or without cause, by
either party, at any time, CITY shall not be entitled to any payment, fees or other
monies except for payments duly invoiced for then-delivered and accepted
deliverables/milestones pursuant to this Agreement. In the event CITY has
performed work toward a deliverable that AUTHORITY has not accepted at the
time of expiration, cancellation or termination, CITY shall not be entitled to any
payment for said work, including but not limited to incurred costs of performance,
termination expenses, profit on the work performed, other costs founded on
termination for convenience theories or any other payments, fees, costs or
expenses not expressly set forth in this Agreement.
Form 101 (Revised 8/2022) 9
G. CITY has an affirmative obligation, upon written notice by AUTHORITY that
this Agreement may be suspended or cancelled/terminated, to follow reasonable
directions by AUTHORITY, or absent directions by AUTHORITY, to exercise a
fiduciary obligation to AUTHORITY, before incurring or making further costs,
expenses, obligations or encumbrances arising out of or related to this Agreement.
14. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement do survive such term, cancellation or termination. Such
provisions include but are not limited to: SERVICES TO BE PROVIDED (as to
ownership of property); INDEPENDENT CITY; INDEMNIFICATION; INSURANCE;
DUTY TO NOTIFY; DATA PRIVACY AND SECURITY; RECORDS-
AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION;
MEDIA OUTREACH; and MINNESOTA LAW GOVERNS.
15. CONTRACT ADMINISTRATION
In order to coordinate the services of CITY with the activities of the AUTHORITY so as
to accomplish the purposes of this Agreement, Ryan Kelley, Manager, Transit Oriented
Development, or successor (“Contract Administrator”), shall manage this Agreement on
behalf of AUTHORITY and serve as liaison between AUTHORITY and CITY.
16. COMPLIANCE AND NON-DEBARMENT CERTIFICATION
A. CITY shall comply with all applicable law, conditions of any funding sources,
regulations, rules and ordinances currently in force or later enacted.
B. CITY certifies that it is not prohibited from doing business with either the federal
government or the state of Minnesota as a result of debarment or suspension
proceedings. CITY shall immediately notify AUTHORITY if CITY is debarred
or suspended during the term of this Agreement.
17. NOTICES
Unless the parties otherwise agree in writing, any notice or demand which must be given
or made by a party under this Agreement or any statute or ordinance shall be in writing
and shall be sent registered or certified mail. Notices to AUTHORITY shall be sent to
the Executive Director with a copy to the originating AUTHORITY department at the
address given in the opening paragraph of this Agreement. Notice to CITY shall be sent
to the address stated in the opening paragraph of this Agreement or to the address stated
in CITY’s Form W-9 provided to AUTHORITY.
Form 101 (Revised 8/2022) 10
18. CONFLICT OF INTEREST
CITY affirms that to the best of CITY’s knowledge, CITY’s involvement in this
Agreement does not result in a conflict or potential conflict of interest with any party or
entity which may be affected by the terms of this Agreement. Should any conflict or
potential conflict of interest become known to CITY, CITY shall immediately notify
AUTHORITY of the conflict or potential conflict, specifying the part of this Agreement
giving rise to the conflict or potential conflict, and advise AUTHORITY whether CITY
will or will not resign from the other engagement or representation. Unless waived by
AUTHORITY, a conflict or potential conflict may, in AUTHORITY’s discretion, be
cause for cancellation or termination of this Agreement.
19. MEDIA OUTREACH
CITY shall notify AUTHORITY, prior to publication, release, or occurrence of any
Outreach (as defined below). The parties shall coordinate to produce collaborative and
mutually acceptable Outreach. For clarification and not limitation, all Outreach shall be
approved by AUTHORITY prior to publication or release. As used herein, the term
“Outreach” shall mean all media, social media, news releases, external facing
communications, advertising, marketing, promotions, client lists, civic/community events
or opportunities, and/or other forms of outreach created by, or on behalf of, CITY (i) that
reference or otherwise use the term “Hennepin County Housing and Redevelopment
Authority” or any derivative thereof; or (ii) that directly or indirectly relate to, reference,
or concern AUTHORITY, this Agreement, the services performed hereunder, or
AUTHORITY personnel, including but not limited to Hennepin County employees and
elected officials.
20. MINNESOTA LAWS GOVERN
The laws of the state of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the parties and their performance. The appropriate venue and jurisdiction for
any litigation will be those courts located within the County of Hennepin, state of
Minnesota. Litigation, however, in the federal courts involving the parties will be in the
appropriate federal court within the state of Minnesota.
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Form 101 (Revised 8/2022) 11
AUTHORITY BOARD AUTHORIZATION
HENNEPIN COUNTY HOUSING AND
REDEVELOPMENT AUTHORITY
STATE OF MINNESOTA
Reviewed by the
County Attorney’s Office:
By:
Chair of Its County Board
Date:
ATTEST:
Deputy/Clerk of County Board
Date:
By:
Executive Director
Date:
By:
Deputy Executive Director
Date:
Form 101 (Revised 8/2022) 12
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL (“CITY”)
AUTHORIZATION
CITY warrants that the person who executed this Agreement is authorized to do so on behalf of
CITY as required by applicable articles, bylaws, resolutions or ordinances.*
By:
Printed Name: Adam Bell
Printed Title: Executive Director
Date:
*CITY shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that
confirms the signatory’s delegation of authority. This documentation shall be submitted at the
time CITY returns the Agreement to COUNTY. Documentation is not required for a sole
proprietorship.
Form 101 (Revised 8/2022) 13
Attachment A:
Program Eligibility Guidelines
The Economic Development Authority of the City of Crystal (EDA) has established the
following guidelines for the storefront/façade improvement assistance program funded by a grant
from the Hennepin County Housing & Economic Development Business District Initiative
program:
General Guidelines
• Eligibility is limited to those properties described as being within Areas A, B or C (see
Attachment B).
• Assistance is a no-interest loan for up to 50% of the cost of eligible improvements.
• Loans shall be in the form of a Repayment Agreement that will be recorded by the EDA
as a lien against the property.
• Loans will have a 10-year term. The loan balance will be reduced by 10% each year and
forgiven after 10 years.
• If the property is sold during the 10-year term, the remaining loan balance is immediately
due.
Note: Repayments will be used to capitalize a revolving loan fund for the EDA to
continue the storefront/façade program after Hennepin County funding is exhausted.
• Minimum project size is $10,000
Note: This would qualify for a $5,000 forgivable loan
• There is no maximum project size, but the maximum forgivable loan is $12,500.
• Funds will not be disbursed until after the work is complete, the EDA receives
documentation that all invoices for work have been paid in full, and the EDA receives a
fully executed and recordable Repayment Agreement.
Eligible Applicants
• Property owners, tenants and for-profit and not-for-profit businesses are eligible,
provided funds are primarily used for physical building improvements.
• If the applicant is not the property owner, a written statement of support from the
property owner and, prior to disbursement of funds, the property owner’s notarized
signature on a recordable Repayment Agreement are required.
• The property must be up-to-date on all property taxes, assessments, utility bills and other
city charges at the time of application submittal.
• Business applicants and property owners are allowed no more than one forgivable loan
per calendar year.
Form 101 (Revised 8/2022) 14
Eligible improvements
Storefront improvement assistance may be used for a variety of exterior building façade
improvements. The work must be visible from the public street. A façade is defined as an
individual storefront or commercial building side which faces a public-right-of-way or is
otherwise visible to the general public from the street.
The following improvements are eligible:
• Restoration of exterior finishes and materials
• Masonry repairs and tuckpointing
• Exterior painting or re-siding (professional cleaning)
• Removal of architecturally inappropriate or incompatible exterior finishes and materials
• Repair or replacement of windows and doors (replacement must be architecturally
appropriate)
• Canopy or awning installation or repair
• Exterior lighting
• Green Façade Improvement (i.e. Living Wall, ecofriendly [non-VOC] paint, reclaimed
wood, etc.)
• Repair or replacement of exterior signage
• Outdoor patio seating
• Decorative bike parking
• Improvements to building access for pedestrians and people with disabilities
• Exterior building or accent lighting (parking lot lighting ineligible)
• Landscaping work done as part of a larger project (up to 25% of total project cost
eligible)
• Projects must be completed prior to the end of the city’s contract with Hennepin County
(June 30, 2025). Be sure to verify project timeline with all contractors.
Ineligible activities
The following activities are not eligible:
• Purchase or lease of real property
• Improvements already in progress or completed prior to contract approval
• Routine maintenance that is not part of an eligible storefront improvement project
• Improvements to a building interior, rear, or side not visible from a public street
• Improvements to residential buildings (excluding buildings with a mix of residential and
commercial/retail)
• Roofing
• HVAC systems, building mechanicals, or security systems (including roll-down gates,
window bars, cameras and alarms)
• Fencing (excludes decorative fencing as part of landscaping improvement)
• Parking areas
• Billboards, roof signs, temporary signs, and signs placed in or on windows
Form 101 (Revised 8/2022) 15
• Monument, dynamic display or electronic message signs
• Purchase or rental of tools and equipment, or for labor performed by the building or
business owner, family members, employees, or any other person with a financial interest
in the property or business. Grant funds may be used to pay for materials.
• Seasonal decorations or temporary improvements.
• Any other improvement not included in the list of improvements.
Procedure
1. EDA provides Guidelines, Application Form and Repayment Agreement template on city
website, by request, and by direct outreach to businesses and property owners in the eligible
areas.
2. EDA makes architectural and design assistance available at no cost, up to a maximum of
$1,000 per business property and $3,000 per real property with multiple business tenants.
3. Applications including any project designs, drawings, etc. will be reviewed by EDA staff
and, if complete, will be considered by the EDA Board of Commissioners at its next
available regular meeting.
4. If the application is approved, funds will be disbursed upon completion of the approved
project and receipt of the following:
• Invoices and proof of payment/lien waivers from vendors/contractors
• A fully executed and recordable Repayment Agreement from the property owner, which
the
• EDA will record as a lien on the property
• Any other documentation necessary for EDA staff to verify that the project has been
completed in accordance with the approved application
ELIGIBLE PROJECT AREAS
Attachment B
ELIGIBLE PROJECT AREAS
ELIGIBLE PROJECT AREAS
LIST OF ELIGIBLE REAL PROPERTIES
___________________________________________________________________________
FROM: John Sutter, Community Development Director
DATE: November 29, 2023
TO: Adam R. Bell, Executive Director (for December 5 meeting)
SUBJECT: Consider a resolution requesting conveyance of tax-forfeited land at 6110
Lakeland Ave. N.
The subject property is a 27,358 sq. ft. (0.63 acre) lot containing a house built in 1942 and
detached garage built in 1982. The house and garage are in a blighted condition, and have
been for many years.
The previous owner passed away in July 2018 and the house has been unoccupied since
then. The property was forfeited to the state for nonpayment of property taxes on May 13,
2019, albeit with a three year right of redemption in favor of the estate of the deceased owner,
which it did not exercise.
In summer 2023 the county approached city staff about purchasing the property for
rehabilitation or redevelopment. At the time the county proposed a fair market value of
$110,000 but allowed city staff to inspect the interior of the home because county staff had not
done so.
Upon inspection city staff determined that:
• The house and garage could theoretically be rehabbed but only at great expense by
basically rebuilding everything except (maybe) the foundation and frame.
• The level of rehab is the same as what would be needed after a fire - clean out contents,
remove all drywall, insulation and existing systems down to the frame, evaluate the
condition of the underlying structure (foundation, frame, roof, exterior walls, windows, etc.)
and rebuild from that.
• As a recent example, a similarly-sized house at 5242 Louisiana, where the framing did
survive a recent fire, had a rehab cost of $253,000 just for the building permit work (not
including electrical & mechanical work which is probably another $50,000 or so).
EDA STAFF REPORT
6110 Lakeland Ave. N.
For these reasons, city staff concluded that the property’s fair market value is the estimated lot
value less demolition and site clearance costs:
$90,000 estimated lot value
- $30,000 demolition and site clearance
= $60,000 fair market value
On Aug. 31 city staff presented this information along with 34 photos of the property to the
county and asked them to reconsider their fair market value estimate.
On Nov. 7 the county revised its fair market value estimate to $60,000 and on Nov. 21
provided the attached term sheet to city staff.
If the EDA proceeds with this purchase, and after the lot is cleared, staff would recommend
seeking builder proposals for a single family home, single family home with Accessory
Dwelling Unit (ADU), or two family dwelling. We would bring the Request for Proposals to the
EDA for approval before proceeding with marketing the lot. Please note that the subject
property is generally similar in size to 4824 56th Ave. N. which is being sold to Noberg Homes
for construction of a single family home with ADU.
Attachments:
• Resolution requesting conveyance of tax-forfeited land
• Term sheet for EDA purchase
• Location map and aerial photos of the property
• Photos of the property
REQUESTED EDA ACTION
Adopt the attached resolution requesting conveyance of tax-forfeited land at 6110 Lakeland
Ave. N.
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
HENNEPIN COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2023 - __
REQUESTING CONVENYANCE
OF TAX-FORFEITED LAND AT
6110 LAKELAND AVENUE NORTH
WHEREAS, the Economic Development Authority of the City of Crystal (“the EDA”) is a public
body corporate and politic organized and existing under the laws of the State of Minnesota;
and
WHEREAS, a parcel of land, including improvements thereon, with a Property Identification
Number of 05-118-21-11-0085, addressed as 6110 Lakeland Avenue North and legally
described in the attached Exhibit A, has become tax-forfeited land (“the Property”); and
WHEREAS, as a governmental subdivision of the State of Minnesota, the EDA is eligible to
purchase the Property; and
WHEREAS, the EDA finds that the purchase of the Property by the EDA would be in the public
interest.
NOW, THEREFORE, BE IT RESOLVED that the Economic Development Authority of the City
of Crystal requests that Hennepin County proceed with the sale of the Property to the EDA;
and
BE IT FURTHER RESOLVED that the EDA authorizes the President and Executive Director to
execute documents and take other actions necessary to effectuate the purchase of the
Property as described in the Cost Sheet dated Nov. 21, 2023.
Adopted this 5th day of December, 2023.
____________________________________
Therese Kiser, President
____________________________________
Adam Bell, Executive Director
EXHIBIT A
Legal Description of the Property
Lot 1, Block 1, Runquist Addition, Hennepin County, Minnesota, subject to highway.
From: Emma Zachman - Hennepin County Tax Forfeited Lands
Phone Number: 612-387-3910
Date: 11/21/2023
PURCHASE COSTS:PID: 05-118-21-11-0085 NER#
Market Value $60,000.00
Specials After Forfeiture $1,098.11
Assurance Fee (3%)$1,832.94
State Deed Preparation Fee: $25.00
Filing Fees:{TFL to file deed}$51.00
State Deed Tax:{ $ 1.70 / $500 or part thereof - see chart }$207.73
TFL Holding Costs per State Statute 282.01 Subd 1.* $0.00
IF FULL PAYMENT REQUIRED: Total: $63,214.79
*Valid Through: 60 days after calcluated date
Must be postmarked NO LATER than 12/31/2023
CERTIFIED FUNDS PAYABLE AT TIME OF APPLICATION
MAKE PAYABLE TO: HENNEPIN COUNTY TREASURER
SUBJECT PARCEL: 6110 Lakeland Ave N
PID NUMBER: PID: 05-118-21-11-0085
PREPARED FOR: City of Medina
PHONE NUMBER:
*Hennepin County reserves the right to update costs at anytime.
*This cost sheet is being provided for informational use only, and is not intended to be, nor should it be
construed as, an approval of sale by Hennepin County.
Hennepin County Resident and Real Estate Services
Tax-Forfeited Land Cost Sheet for Governmental Subdivision
Location Map
Aerial Photos
House Exterior
House Interior
House Basement
Detached Garage