HomeMy WebLinkAbout1988 01-11 City Council PacketAGENDA
MAPLEWOOD CITY COUNCIL
7 :00 P.M., MondaygJanuary ll, 1988
Municipal Administration Building
Meeting 88 - 1
(A) CALL TO ORDER
(B) ROLL CALL
(C) APPROVAL OF MINUTES
I. Meeting No. 87 - 22 (October 15, 1987)
2. Meeting - December 21, 1987
(D) APPROVAL OF AGENDA
(E -A) APPOINTMENT OF ACTING MAYOR
(E) CONSENT AGENDA
1. Accounts Payable
2. 1987 Budget change - Tax Increment Fund
3. 1988 Budget change - Domestic Intervention Grant
4. Computer Maintenance Agreement
5. Park Acquisition Charge For Neighborhood Parks
6. Listing Contract for Former City Hall Building
7. Purchase of Filing Cabinets
8. Purchase of Police Vehicles
9. Conditional Use Permit Renewal: 2580 Clarence (Lozier)
10. Conditional Use Permit Renewal: 2251 Larpenteur (Ribs Plus)
11. Budget Increase: Consulting Inspectors.
12i Donation of AVM Voting Machines to �S�iin_c IIbsum
13. Easement Agreement - District 8 Water Tower Project 86 -15
14. Acceptance of Developer Project, Project 86 -13
15. Acceptance of Developer Project, Project 86 -09
16. City Project 86 -15D Change Order Number One
(F) _ PUBLIC HEARINGS
(G) AWARD OF BIDS
(H) UNFINISHED BUSINESS
1. Cottages of Maplewood
a. Setback Variance to South Lot Line
b. Units /Building Variance
C. Tax Increment Financing
2. Code Amendment: Material Extraction (2nd Reading 4 Votes)
3. Code Amendment: BC(M) District - Gas Pumps (2nd Reading - 4 Votes)
4. De Garden Center
a. Conditional Use Permit Renewal
b. Initiation of Plan Amendment and Rezonin
(I) NEW BUSINESS
1. Conditional Use Permit Renewal: 2405 Carver (Grand)
2. Initiation of Plan Amendment and Rezonin 2218 Hi 61 (Hoffman Corner Oil
Co.)
3. Bud Transfer: Real Estate Journal'Ad
4. Code Amendment: Multiple Dwellin Ground Si (lst Readin
5. Chan Order Three, Hillcrest Sanitar Sewer Pro 86-22_
6.. LELS Patrol Officers' Contract
7. En Dept.: Authorization To Fill Position
8. Deput Re Office: Permanent Part -Time Position
9. Annual Desi and Appointments
a. Cit Attorne
b. Prosecutin Attorne
C. NEST - B Laws
d. Commissions and Boards
1. Plannin Commission
2. Communit Desi Review Board
3. Parks and Recreation Commission
4. Civil Service Commission
5. Solid Waste Committee
6. NEST
7. Cable Commission
e. Suburban Rate Authorit
f. Official Newspaper
g . Rules of Procedures
10. Re - James Rebeck
(J) VISITOR PRESENTATIONS
(K) COUNCIL PRESENTATIONS
1.
2.
3,
4.
5.
6.
7.
8.
9.
10.
(L} ADMINISTRATIVE PRESENTATIONS
(M) ADJOURNMENT
A. CALL TO ORDER
MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Thursday, October 15, 1987
Council Chambers, Miunicipal Building
Meeting No. 87 - 22
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, Municipal Building and was called to order at 7:02 P.M., by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Arrived at 7:06 P.M.
Frances L. Juker, Councilmember Present
Charlotte Wasiluk, Councilmember Present
C. APPROVAL OF MINUTES
1. Meeting No. 87 -22 (August 10, 1987)
Councilmember Anderson moved to approve the Minutes of Meeting No. 87 -22
(August 10, 1987) as submitted.
Seconded by Councilmember Wasiluk. Ayes - all.
J. APPROVAL OF A GENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Larpenteur and Century
2. Breakfast Meeting
3. Wooded Lots
4. Remove Item I -1
5. Add Item I -9, Rolling Hills 2nd Addition
6. Add Item I -10, Rolling Hills amendment to Conditional Use Permit
Seconded by Councilmember Anderson. Ayes - all.
E. CONSENT AGENDA
Councilmember Wasiluk
as
1. Accounts Payable
Approved the accounts, Part I - Fees, Services, Expenses Check Register dated
August 25., 1987 through October 6, 1987 - $1,000,383.85: Part II, Payroll
dated October 2, 1987, gross amount of $136,116.24 as recommended.
2. Revision of Budget for Computer System
Approved the budget transfer of $14,234 from the budget for computer system
lease payments to the budget for acquisition costs to cover installation/
training and word processing.
10/15
3. Solid Waste Committee — Recycling Center Update
Accepted a 6 month report for the Maplewood Recycling Center.
4. Civil Service commission Reappointment
Reappointed Mr. Donald Weida to the Maplewood Civil Service Commission for
the term to expire December 31, 1989.
5. Time Extension: Beaver Lakes Estates Mobile Home Park
Approved the renewal of the conditional gse permit for Beaver Lake Estates
Mobile Home Park for five years, subject to the September 27, 1982 condi—
tions of approval.
6. Time Extension: Rolling Hills Mobile Home Park
Approved the renewal of the conditional use permit for Rolling Hills Mobile
Home Park first addition for five years.
7. Para Transit
Approved the request to allow the Northeast Suburban Transit Authority to
spend $1,200 of existing funds for a program administrator.
8. Certificate of Correction: Jefferson Fourth Addition.
Approved the following certificate of correction:
Pursuant to the provisions of Chapter 505.174, Laws of Minnesota,
1957, I, Howard W. Rogers, the undersigned, a registered surveyor
in and for the State of Minnesota, declare as follows:
That I prepared the plat of Jefferson Fourth Addition, which was
dated November 28, 1986, filed on April 2, 1987, in the office of
the County Recorder, Ramsey County, Minnesota, as document number
2371863.
I hereby certify that said plat contains errors in the following
particulars to wit:
1. The south line of Lot 11, Block 3, shows a distance of 80.07 feet.
2. The east line of Lot 11, Block 3, shows a distance of 174.34 feet.
3. The northwest line of Lot 10, Block 3, with the distance of 62.04
feet, shows no bearing for this line.
The said plat is hereby corrected in the following particulars to wit:
1. The south line of Lot 11, Block 3, should show a distance of 80.00
feet.
— 2 — 10/15
2. The east line of Lot 11, Block 3, should show a distance of 174.52
feet.
3. The northwest line of Lot 10, Block 3, at the dimension of 62.04
feet should show a bearing of N 73 08' 24" E.
Dated: September 21, 1987
9. Certificate of Correction: South Oaks 2nd Addition
Councilmember Bastian arrived at 7:06 P.M.
Approved the following certificate of correction:
Pursuant to the provisions of Chapter 505.174, Laws of Minnesota,
1957, 1, Howard W. Rogers, the undersigned, a registered surveyor in
and for the State of Minnesota, declare as follows:
That I prepared the plat of South Oaks 2nd Addition, which was dated
December 12, 1986, filed on April 10, 1987, in the office of the County
Recorder, Ramsey County, Minnesota, as document number 2373645.
I hereby certify that said plat contains errors in the following parti—
culars to wit:
1. The east line of the plat shows a distance of 847.68 feet.
2. The most westerly east line of the plat shows a distance of
100.02 feet.
3. The east line of Lot 4, Block 1, shows a distance of 220.00 feet.
4. The north line of Lot 4, Block 1, shows a distance of 158.04 feet.
5. The westerly line of Lot 4, Block 1, shows a distance of 210.72
feet.
6. The north line of Lot 3, Block 1, shows a distance of 193.93 feet.
7. The note which describes the south line of the North 465 feet of
the Northwest 1/4 of the Southwest 1/4 of Section 12.
8. The description in the dedication which describes the North 465
feet lying East of the West 293 feet of said 15.00 acres thereof.
The said plat is hereby corrected in the following particulars to wit:
1. The east line of the plat should show a distance of 847.56 feet.
2. The most westerly east line of the plat should show a distance of
100.14 feet.
3. The east line of Lot 4, Blr:ck 1, should show a distance of 219.88
feet.
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4. The north line of Lot 4, Block 1, should show a distance of 158.11
feet.
5. The westerly line of Lot 4, Block 1, should show a distance of
210.57 feet.
6. The north line of Lot 3, Block 1, should show a distance of 147.00
feet from the northwest corner going easterly, thence on a bearing
of South a distance of 0.12 feet; thence easterly to the northeast
corner a distance of 46.86 feet.
7. The note which describes the South line of the North 465 feet should
say the South line of the North 465.12 feet.
8. The description in the dedication which describes the North 465
feet should say the North 465.12 feet.
Dated October 1, 1987.
E -A PRESENTATION
1. Cliff Aichinger, President, North Suburban Chamber of Commerce.
a. Mr. Aichinger presented the Chamber's concerns regarding the economic
development of the area.
PUBLIC HEARINGS
1. 7:00 P.M., Home Occupation - 1161 Lealand Road
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Jane and Dick Fosse for a conditional use permit to operate a beauty salon in
their home at 1161 Lealand Road.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Commissioner George Rossbach presented the Planning Commission recom-
mendation.
e. Jane and Dick Fosse, the applicants, spoke on behalf of their proposal.
f. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following expressed their concerns:
Mr. Carlsten, 1170 Lealand Road
g. Mayor Greavu closed the public hearing.
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h. Councilmember Juker moved to table this item until such time as Council
is presented a map showing where the home occupation permits are located
Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson and
Juker
Nays - Mayor Greavu, Councilmembers
Bastian and Wasiluk
Motion failed.
i. Mayor Greavu introduced the following resolution and moved its adoption:
87 - 10 - 195
WHEREAS, Jane Christensen Fosse initiated a conditional use permit to
operate a home beauty salon at the following- described property:
Subject to Leland Road, the South 137 feet of the West 132 feet of
the East 264 feet of Block 4, Clifton Addition, Ramsey County.
This property is also known as 1161 Leland Road, Maplewood;
WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit was reviewed by the Maplewood Planning
Commission on September 31, 1987. The Planning Commission recom-
mended to the City Council that said permit be approved.
2. The Maplewood City Council held a public hearing on October 15,
1987. Notice thereof was published and mailed pursuant to law.
All persons present at said hearing were given an opportunity to
be heard and present written statements. the Council also con-
sidered reports and recommendations of the City Staff and Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the
above - described conditional use permit be approved on the basis of the
following findings -of -fact:
1. The use is in conformity with the City's comprehensive plan and
with the purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be detri-
mental to the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated to be
compatible with the character of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to
present and potential surrounding land uses, due to the noises,
glare, smoke, dust, odor, fumes, water pollution, water run -off,
vibration, general unsightliness, electrical interference or
other nuisances.
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6. The use would generate only minimal vehicular traffic on local
streets and shall not create traffic congestion, unsafe access
or parking needs that will cause undue burden to the area proper-
ties.
7. The use would be serviced by essential public services, such as
streets, police, fire protection, utilities, schools and parks.
8. The use would not create excessive additional requirements at
public cost for public facilities and services; and would not be
detrimental to the welfare of the City.
9. The use would preserve and incorporate the site's natural and
scenic features into the development design.
10. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. Customers shall park in the driveway or directly in front of the
applicant's house.
2. Compliance with the requirements in Section 36 -66 (4) (b) per-
taining to the operation of a home occupation.
3. A smoke detector and fire extinguisher shall be provided in the
shop area.
4. Signage shall be limited to a wall- mounted, two - square -foot
maximum size sign.
Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers
Bastian and Wasiluk
Nays - Councilmembers Anderson and
Juker
G. AWARD OF BIDS
1. Project 86 -15D - Mailand Road Booster Station Revisions
a. Manager McGuire presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
87 - 10 - 196
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Richmar Construction, Inc., in the amount of $134,140 is the lowest re-
sponsible bid for the construction of Project 86 -15D, Mailand Road Booster
Station Revisions, and the proper City officials are hereby authorized and
directed to enter into a contract with said bidder for and on behalf of the
City.
Seconded by Councilmember Anderson. Ayes - all.
- 6 - 10/15
UNFINISHED BUSINESS
1. Accountant
a. Authorization to Hire
b. Purchasing Duties
1. Manager McGuire presented the staff report.
2. Councilmember Anderson moved to delay decision on this item until a
later date.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Juker
Nay - Councilmember Wasiluk
3. Councilmember Juker moved to waive the Rules of Procedures and discuss
authorization to fill current part -time accountant position.
Seconded by Councilmember Anderson. Ayes - all.
4. Councilmember Bastian moved authorization to fill part -time accountant
position.
Seconded by Councilmember Anderson. Ayes - all.
2. Noise Ordinance (Second Reading)
a. City Attorney Kelly explained the proposed noise ordinance.
b. Mayor Greavu introduced the following resolution and moved its adoption:
ORDINANCE NO. 611
AN ORDINANCE FOR NOISE CONTROL
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 19 -48 is added as follows:
"A. Section 19 -48. Noises Prohibited. General prohibition. No person
shall make or cause to be made any distinctly and loudly audible noise that
unreasonably annoys, disturbs, injures, or endangers the comfort, repose,
health, peace, safety, or welfare of any person or precludes their enjoyment
of property or affects their property's value. If the event or activity is
sponsored by the City or authorized and has a permit for such activity issued
by the City, this prohibition does not apply. This general prohibition is
not limited by the specific restriction of the following subdivision. Any
violations of this general prohibition between the hours of 10:00 P.M. and
7:00 A.M., is a per se violation of this ordinance.
Section 2. Section 19 -49. Domestic power equipment. The normal opera -
tion of domestic power equipment shall not be subject to the noise level
limitations in Sections 19 -48 and 19 -50. Domestic power equipment as used
herein means power lawn mowers, hedge clippers, edgers; chain saws; garden
tillers; mulchers; and power saws, drills, hammers, and sanders.
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Section 3. Section 19 -50. Construction activities. No person shall
engage in or permit construction activities involving the use of any kind
of electric, diesel, or gas - powered machine or other power equipment except
with a permit issued by the City Clerk after complying with requirements
and fees set by the City Council, for purposes of noise control.
Section 4. Section 19 -51. Application; fee duration.
a) Any person desiring a permit to engage or permit construction
activities involving the use of any kind of electric, diesel, or gas - powered
machine or other power equipment in the City shall make application for the
same to the Clerk upon a form prescribed by the City Council. The applica-
tion shall set forth:
1. The name and address of the applicant;
2. A list of the equipment which the applicant proposes to use in
such construction activities;
3. The place or places in which the construction activity willoccur;
4. The manner in which said construction equipment is to be used and
the type of construction activity which will occur;
5. The times and dates in which the equipment will be used for con-
struction activity.
b) Said application described in Subsection (a) in this section shall
be submitted to the City Clerk, or a duly authorized representative, finds
that the applicant is responsible, has proper equipment for such construction
activity and that no nuisance is likely to be created by the granting of said
permit, the Clerk shall endorse the approval upon the application. The City Clerk
shall set the times and dates for use of such equipment. If the applicant contests
the times and dates set by the Clerk, then such applicant may appeal the Clerk's
decision to the Citv Council who shall set the times and dates for use of such
c) Before any permit may be issued, the applicant shall pay to the Clerk
a permit fee imposed, set, established and fixed by the City Council, by resolu-
tion, from time to time, which fee shall accompany the application.
d) No permit issued under this article shall be for a period longer than
thirty days.
Section 5. Section 19 -52. Enforcement duties. The Maplewood Police
Department shall enforce the provisions of this ordinance. The Maplewood
Police Department or its members may inspect private premises other than
private residences and shall make all reasonable efforts to prevent violations
of this ordinance.
A. Civil remedies. This ordinance may be enforced by injunction, action
for abatement, or other appropriate civil remedy.
B. Noise impact statements. The Council may require any person applying
for a change in zoning classification or a permit or license for any structure,
operation, process, installation or alteration, or project that may be con-
sidered a potential noise source to submit a noise impact statement on a form
prescribed by the Council. It shall evaluate each such statement and take its
evaluation into account in approving or disapproving the license or permit
applied for or the zoning change requested.
- 8 - 10/15
C. Criminal penalties. Every person who violates any provision of this
ordinance is guilty of a misdemeanor and shall, upon conviction, be subject
to a fine of not more than $700 or imprisonment for a term of not to exceed
90 days, or both, plus, in either case, the costs of prosecution. Each act
of violation and each day a violation occurs or continues constitutes a
separate offense.
Section 6. This ordinance shall take effect upon its passage and publi—
cation."
Passed by the Maplewood City Council
this 15th day of October, 1987.
Mayor
ATTEST:
City Clerk
Seconded by Councilmember Juker. Ayes — all.
3. Rejection of Bids — Project 86 -15C — District 8 Water Tower
a. Manager McGuire stated two bids were received for the proposed water
tower to serve District 8. One bidder proposed a large deduct if certain items
in the specifications were changed. Since this is an irregularity, the project
should be rebid.
The specifications would be changed prior to rebidding to allow the modifica—
tions suggested by the contractor.
It is recommended that the bids be rejected and that staff be authorized to
change the specification and rebid the project.
b. Mayer. Greavu moved to reject the bids for Project 86 -15C and authorize
staff to change the specifications and rebid the oroiect.
Seconded by Councilmember Bastian. Ayes — all.
I. NEW BUSINESS
1. Winter Carnival Promotional Home
a. Applicant withdrew the item.
2. Open Space committee Recommendation
a. Commissioner Don Christianson presented the report for the Open Space
Committee.
b. Councilmember Anderson moved to approve the concept of acquiring the
property in the southwest q of Section 24, Township 28, Range 22 in
Ramsev Countv and authorize $1250 for annraical of rha nrnnarrn anA thrco
- 9 - 10/15
Seconded by Councilmember Juker. Ayes - all.
3. Water Main Request - Metropolitan Imported Autos, Inc.
a. Manager McGuire presented the staff report.
b. Councilmember Juker introduced the following resolution and moved its
adoption:
87 -10 -197
WHEREAS, a petition has been received for watermain on the east side of
T.H. 61 north of Kohlman Avenue and to assess the benefited property for
all or a portion of the cost of the improvement, pursuant to Minnesota
Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That the proposed improvement be referred to the City engineer
for study and that he is instructed to report to the Council
with all convenient speed advising the Council in a preliminary
way as to whether the proposed improvement is feasible and as
to whether it should best be made as proposed or in connection
with some other improvement, and the estimated cost of the im-
provement as recommended.
2. That said report shall not be prepared until the project peti-
tioners establish an escrow with the City equal to 150% of the
estimated report preparation cost. The escrow amount shall be
estimated by the City Engineer and shall be- refunded only upon
ordering of a project.
Seconded by Councilmember Wasiluk. Ayes - all.
4. Ordinance - Material Extration and Hauling - St. Paul Water Department
a. City Attorney Pat Kelly presented the report.
b. The following area residents presented their concerns regarding the
actions of the St. Paul Water Department:
Carolyn Peterson, 1999 Jackson
Clarence Osen, 50 E. Roselawn
George Rossbach, 1406 E. County Road C
Herbert Engman, 94 E. Roselawn
c. Manager McGuire reported on the meeting with'the St. Paul Water Board.
d. No action taken.
5. Code Amendment - Lot Line Verification (1st Reading)
a. Manager McGuire presented the staff report.
- 10 - 10/15
b. Councilmember Anderson moved first reading of an ordinance requiring
verification of lot lines for construction.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Wasiluk
Nay - Councilmember Bastian
6. Legislation - Representation on Water Board.
a. Council directed Manager McGuire to investigate and report back.
7. Code Amendment: Metal Pole Buildings (1st Reading)
a. Manager McGuire presented the staff report.
'b. George Rossbach, 1406 E. County Road C, presented a definition of pole
buildings.
c. Roxanne Hirsch, 1225 Frost Avenue, asked questions regarding the proposed
ordinance.
d. Councilmember Anderson moved first reading of an ordinance allowing metal
or st
Seconded by Councilmember Bastian. Ayes - all.
8. Code Amendment: Driveway Turn - Arounds (1st Reading)
a. Manager McGuire presented the staff report.
scr
b. Mayor Greavu moved first reading of an ordinance requiring driveway turn-
arounds for all new homes on arterial streets.
Seconded by Councilmember Juker. Ayes - all.
9. Rolling Hills Mobile Home Park 2nd Addition
a. Mr. Richard Pearson, owner of Rolling Hills Mobile Home Park 2nd Addition,
requested Council to amend his conditions for construction of the park.
b. Councilmember Bastian moved the following:
1. Amend Condition Six of the Community Design Review Board approval as
follows:
6. The storm shelter shall be completed by mid February, 1988. It
shall be accessible to the handicapped.
Seconded by Councilmember Anderson. Ayes - all.
c. Councilmember Bastian moved the following:
Amend Condition Ten of the conditional use permit as follows:
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10. Sales of mobile homes shall be limited to those owned by-park
residents and those sold by the park owner or his designee for
placement in the park. Sales shall be limited to 110 homes.
Seconded by Mayor Greavu. Ayes - all.
J. VISITOR PRESENTATION
1. Bob Chappell
a. Mr. Chappell stated he would be starting to clean up and renovate 1897
Birmingham tomorrow.
K. COUNCIL PRESENTATIONS
1. Larpenteur and Century
a. Councilmember Anderson stated this intersection is a problem and requested
staff to investigate and report back.
b. Councilmember Juker moved to suspend the Rules of Procedure.
Seconded by Councilmember Anderson. Ayes - all.
c. Councilmember Anderson moved to authorize staff to
and the State of Minnesota for the placement of semaph
Century.
Seconded by Councilmember Juker. Ayes - all.
2. Breakfast Meeting
a. Councilmember Anderson requested a breakfast meeting be scheduled to meet
with the Manager.
b. Councilmember Anderson moved Friday, October 30, 1987 at 7:00 A.M.
Seconded by Councilmember bastian. Ayes - all.
3. Wooded Lots
a. Councilmember Anderson expressed his concerns of the development of wooded
lots. Developers are leveling the lots.
L. ADMINISTRATIVE PRESENTATIONS
None.
M. ADJOURNMENT
9 "16 P.M.
City Clerk
- 12 - 10/15
9
a
Action by Council.,,]
a
MINUTES a dzo =9
MAPLEWOOD CITY COUNCIL Modif lied.
7:00 P.M., Monday, December 21, 1987 Rej ecte
Council Chambers, Municipal Building Dees
SPECIAL MEETING- MAPLEWOOD LEGISLATIVE DELEGATION
Mayor John Greavu called the meeting to order at 7 :10 P.M. Present were
Councilmembers Anderson, Bastian, Greavu, Juker and Wasiluk.
The purpose of the meeting was to discuss the City's legislative concerns with
Maplewood's representatives. Representative Le,n Price was present. Senator
Bill Diessner arrived at 7 :12 P.M., and Senator Hughes at 9:03 P.M.
Topics discussed were:
A) 1987 Tax Laws - re: Volunteer Fire Fighters Pensions Wayne Lindahl and
Don Hoeve stated that the recent changes in State Tax Laws will have a
negative impact on Firemen's Pensions . Their concern is that because of
r these changes, it will be more difficult to attract fire fighters.
Request Change the tax laws so fire fighters' pensions are not
impacted.
B) St. Paul Water Board - The concern on this item is two -fold: 1) The
water treatment plant is located in Maplewood and over the years has
expanded and increased its impact on the neighborhood, which is mostly
single family residential. 2) Maplewood purchases most of its drinking
water from the St. Paul Water Utility and currently is paying retail
plus 20%.
Request Amend the State Statute that governs the Water Utility so as to
g i v e representation to the City where the water treatment pl ant is
located and have City representation based on volume.
C) Special Legislation for Park Availability Charge (P.A.C.)
Reque The City supports the passage of H.F. 12369
D) Special Legislation for Open Space Funding for Maplewood The City of
Maplewood is interested in Open Space land in the southern leg of the
city.
Req Special legislation to fund all or part of the cost of
acquisition and development of a 47 -acre s i t e located adjacent to Fish
Creek in the southern part of the City. The estimated acquisition costs
are $450,000 and development costs are $150,000 for a total estimated
cost of $600,000.
E) Fiscal Disparities Fiscal Disparities has a major impact on the City of
Maplewood. Without it, the City's mill rate would be 9% less.
Request The City supports legislation that will help to lessen the
negative impact the law has on Maplewood taxpayers.
F) Local Government Aids The City will receive $1,510,000 for L.G.A. which
is approximately 19% of the General Fund Budget. This represents a
decrease of $2,000 over 1987. If L.G.A. is to remain as one way of
holding down property taxes in Minnesota, then it should, as a minimum,
increase by a rate equivalent to inflation.
Another problem with L.G.A. is the disparity in the amounts received when
comparing one city to another. For example, Maplewood receives $53.00
per capita, whereas our neighbor St. Paul receives $143.00 per capita.
The L.G.A. formula should be revised to lessen this disparity and place
greater weight on population since people create the demand for City
Services.
Revue t The City of Maplewood requests legislation that more equitably
distributes Local Government Aid.
G) Levy Limits The levy l i m i t law should be repealed because it is an
infringement on local accountability. If the law is not repealed, it
should be modified so that yearly adjustments are based on the Implicit
Price Deflator, or 3 %, whichever is greater.
H) Mandates Over the years there have been numerous Legislative Mandates
on local government. Two of the most recent ones were: Chapter 509 -
.Stormwater Management, and Comparable Worth. The first will cost the
City in excess of $120,000 just to prepare the plan, the latter will cost
the City over $75,000 to implement.
Requ est That funding sources be granted to cities when future mandates
are adopted.
I) Metropolitan Council Concern over the authority of the Metropolitan
Council was discussed. No specific action was requested.
J) Truth in Housi g
Request Consideration be given to adopting a State law dealing with
used homes, commonly referred to as "Truth in Housing ".
K) Statewide Uniform Building Code There was a discussion as to why the
tate Uniform Building Code does not apply statewide. No specific action
was requested.
L) Dates for Changing Precinct Boundaries Precinct boundaries can be
adjusted only once every seven years. This may not be often enough for
cities that are increasing in population.
After a general discussion on various other.topics, this meeting was adjourned
at 9:12 P.M.
A # 14
t i o n b C c -un c I I ol
to a
E-1 n d o rt s e d
o d f e ral,,
R e e c t e
D a't
TO: Ma & Cit Council
FROM: Cit Mana
RE: Actin Ma
DATE: Januar 4, 1988
Out Councilmember Charlotte Was iluk was Actin Ma in 1987. If the
C,ouncil follows past practices of rotatin this position amon its' members,
t hen it is Councilmember Norm Anderson's turn.
s Action by Cotnesilsl � --
;1987 EXPENSE
E ndorsed
Modif i ® cA...,.,,,,,.,,..
ACCOUNTS PAYABLE DATED JAN 11 '""rage: l
Rejecte
Late
1987 CITY
OF MAPLEWOOD
CHECK REGISTER
.CHECK NO.
DATE - _ -_ -__
AMOUNT_ -__ .._ __ _ _ ___ _ --
-..__ .-- ___ - -.- VEN34R -: ___.__-- __ -_ -- ------ ._._.__
ITEM DEECR IPT ION
01102E
01/05/88
31.33
MEEHAN JAMES
TRAVEL TRAINING
011046
01/05/88
116.5$-
GOODYEAR
REPAIR MAINT
011046
01/05/88
65.64
GOODYEAR
SUPPLIES
_ -
- - - -
182.22
i
011170
01/05/88
28.86
AMERICANA INN
TRAVEL TRAINING
28.86
411216
_ 41 /45/88 - -
- - -- - 23.3b _
COTTER CHGE CARDS - - --
SUPPLIEc - - - - - -- _
23.36*
011244
01/05/88
27.59
TWIN CTY REPTILES
SUPPLIES
27.5 *.
____- . - __.___________..___.._ __. -._.- __. -- -- - - - -. _ - -__
_- __ _ _ -- - _ - -..._... .... .... .______ -
411362
01/05/$8
483,00
ST CLOUD STATE UNIV
TRAVEL TRAINING
483.00
411402
01/05/89 _.
_ _ 4,320-00
STANDARD ELECTRIC---.
REPAIR MAINT _
4,320.00
t11 14a3-
01/05/89-
_ _ 9S.50. ._ _
P . C. SOLUTI OHS- -- -- - - -
CONTRACT PYM- _
95.50
011513
01/05/88
15.86
CONNERS U KIM
MILEAGE
011608
01/05/88
10.00
FISHER LYNE
PROGRAMS
10.00
011613 - -
01 / 05/89- __ _
_ _ - _ _ 9.44.
SEWER EQU I P KENT CO -- - _. _
FRE I GMT---- - -- . - -
9.44
011639
01/05/88
99.20
ACCOUNTEMPS INC
CONTRACT PYM
Page: 2
1987 CITY
OF MAPLEWOOD
CHECK REGISTER
CHECK NO -:
DATE-
ITEM DESCRIPT-ION.
99.20
011643
- 01105188 - - - - --
- - -- - - -15-t.56-- -
EDEM SYSTEMS INC-_ -------
CONTRACT PYM._. -_
011643
01/05/88
775..16
EDEN SYSTEMS INC.
CONTRACT PYM
011643
01/05/88
926.13
EDEN SYSTEMS INC.
CONTRACT PYM
_ 1 , 852.85
011750
01/05/88
51.26
MOESCHTER RICHARD
UNIFORMS
51.26
011751
01/05/88
9.44
FIRE INSTRUCTORS
BOOK
9.44
0117S2
01/05/88
31.00
FULHAM JUDY
PROG FEES
31.00
011753
01/05/88
12.01
HUTCH I NSON AKIN E
MILEAGE
12.01
011754
01/05/88
193.57
MCNULTY TIM
REPAIR MAINT
193.57
011755
01/05/88
80.50
MIDWAY SIGN CO
REFUND SIGN PER!
011755
01/05/88
80.50-
MIDWAY SIGN CO
REFUND SIGN PER!
011755
01 /05/8$ __
80.50 -
MIDWAY SIGN CO. - _ _ __
REFUND SIGN PER!
80.50
011756
01105/88
_ 807.00
PINK COMPANIES _ ____.
FURNITURE
807.00
011757
01/05/88
- 10.00
SCHILLER DIANE _
REFUND
10.00
011758
01!05188
332.39
PONY EXPRESS _
SUPPLIES
332.39
011759
01 /05!85
- -- 775.00.
_ JOHN. PODERGOIS.. __ _ _ _
REPAIR_ -
775.00
' 011760-
01 /05/88 -- _ _ .__.
233.910-
ST PAUL JOBBIN.a CO- __ . __ --
REPAIR_- - --
233.90
011761
01/05/88
172.95_ _
__ A -1_. TAXLDERM-Y _. _.. _ -__ -_ _ _ - - - -___
SUPPLIES.-
011761
01/05/88
190.00
A -1 TAXIDERMY
SUPPLIES
362,95
0.11 A69..
01 ! 05/88 - -- - - -
- - - 27.95_
- ARNALS AUT!Q. SERA - - - -- -- -
RE.PA.IR_ MA INT-. - - - -..
27.95
Page: 3
1957 CITY
OF MAPLEWOOD
CHECK REGISTER
CHECK NO.—
DATE - - -- - - - - - - -- - --
_ AMOUNT -- -- -
- - _.. -- VEAED4 -_ __�. - -- - - -- __
ITEM— DESCR -I-P -T I-ON
011 B13 13--
__ 01 f 05 /88 - - -__
. - -- _ __ 2, 063 - 15
BART JAMES- - __- - -_ -_- - - _____._.
_CONTRAC-T
011B13
01/05/88
1
BART JAMES C
CONTRACT PYM
3, 063.15
O i i B 1 S- _
_ __ �} i f 05/8& __ _. ___ --
.. _ -_ ._. _ i S9 -. 06- -_. -___
BATTERY- TIRE Wm#E - - - -- - - -- ___
SUP-PL IES- ----._ _ -- _ --
011B1S
01/05/88
130.98
BATTERY TIRE. WHSE
SUPPLIES
290.04
O f 1 B45
0-i /OS/88
_ _. - -- _ 357.0
BOAR -D OF_. WATER- C0KK-- - - - --- - __..
C014TRACT PY1� - - - -- -
011845
01/05/88
110.00
BOARD OF WATER COMM
CONTRACT PYM
011B45
Qi /0S/88
259.50
BOARD OF WATER COMM
CONTRACT PYM
0.11 "S _
01 / QS/89- -
__ - SS3. -
- BOARD- OF WATER COMA - _- - -- -
CONTRACT- PY14 - --
011B45
O1/OS/88
377.30
BOARD OF WATER COMM
CONTRACT PYM
O1
O1 /05 /88
2.,
BOARD OF WATER C
CONTRACT PYM
01 1 B45 _
_ 01 /OS/8&--- - - --
- - - _ _. I , 298. OQ
BOARD OF WATER
CONTRACT- PYM---- -
01184S
01/05/55
220.00
BOARD OF WATER COMM
CONTRACT PYM
011B45
01/05/55
7,705.50
BOARD OF WATER COMM
CONTRACT PYM
011845----- -- - -
-1 /QS /85- -- - - - -
-- - - - 4, 290-. 38 - - __
_ BOARD- OF
-
17,540.05
011894
01/05/88
17.96-
BUILDERS Q
SUPPLIES
011894--
14.43
BUILDERS- Q- ------- - - - - -- -- - -- --
SUPPLIES._ - -- -.__
011B94
01/05/88
18.42
BUILDERS Q
SUPPLIES
011B94
01 /OS /88
105.95
BUILDERS Q
SUPPLIES
Q11C33
01!05/85
173.62
CAPITOL SUPPLY
SUPPLIES
173.62
* * * * **
0 -1 -i G5 6 - - - --
-- 0 t ! 0 5 / 8 5 - - - -- --
- - -- -- - -- - - - 9 3- .- 04- .
- CO LL INS.- ELECT R I -C - - - - - -- -
RE.P AIR✓ -- MAID _ - - - --
93.04
011 C57- _
01 / 05/55 - - - --
.__ _ _ _ 1 , 036.21
COLLINS KENNETH--- _ -_-
-TRAVEL TRAINING
011CS7
01/05/55
5.94
COLLINS KENNETH
TRAVEL TRAINING
O11CS7
01/05/88
5.94-
COLLINS KENNETH
TRAVEL TRAINING
-- - -
-- - - -- - - -- -- - --
- - - 1- : 03 6.2.1-- *. -
- - - -- _ _ .- _ _. - _ -- - - - - -- - - -- - -- _ - - - - --
- - - - - -- - -
011CS8
01/OS/58
125.00
COPY EQUIPMENT INC
SUPPLIES
__ _ - - - -._ 125.04 *_ - --
_ _ - - -- --------- _. - - - - -- --
- -- - - - - -_ .__- __ - - - - -- - - - - - -_ - _.
Oi1CS9
Oi /OS /88
150.00
CORPORATE RISK MGM
CONSULTING FEES
ISO. * -
-- - ... - -- - -- - - -- - - - -- -- _
_ -- -- - - -- - -- --
Page: 4
1987 CITY
OF MAPLEWOOD
CHECK REGISTER
CHECK NO,
DATE - - -- ---- - - - - -- -
_.__AMOUNT'_._- _ _ _._.___ __ - -__ --
__. _ ..--- - - -__. _ VENDOR-_____ _-- - -_ - -- .._
-ITEM DESCRIPTIO.N.
DEMCO.- . -- ..__.. _. - - - - - - - - - - --
SUPPLIES
81.6s
0f1D30
01/05/88
71.97
DALCO
SUPPLIES
011D39
01/05/88
18.59
DEGE CARDEN CTR
SUPPLIES
18.59
01 1 EO7.
04/05/88 --
- - - -- - 145.22 _
- EASTMAN- KODAK CO.. - - --- - - - - ._ .
DUPLICATING_.
O11E07
01/05/88
39.65
EASTMAN KODAK. CO
DUPLICATING
011E07
01/05/88
132.02
EASTMAN KODAK CO
DUPLICATING
011 EO7
01/05/88--- ___ _
- _ - 303.66
EASTMAN. KODAK CO-- - - _
DUPLICATING
O11E07
01/05/88
184.83
EASTMAN KODAK CO
DUPLICATING
O11E07
01/05/88
26.40
EASTMAN KODAK CO
DUPLICATING
01 1 E07 ___
01 /05/88- ___ _ -_ ____
_ _ . __ _ -- _ 171.83
EASTMAN KODAK CO_ _ _ _ . _
DUPLICATING
011E07
01/05/88
316.86
EASTMAN KODAK CO
DUPLICATING
1.320.27
011 E64
01/05!88 ____.__-
- -- _ 642.00
EMPLOYEE BENEFIT_
CONTRACT_ PYM.-_
642.00
011E87
01/05/88
275.00
ESS BROTHERS 6 SONS
REPAIR MAINT
275.00
011G32
01/05/88
9.62
GESSELE JAMES
MILEAGE
9.62
01 1 G58
0 t /05/88-
20-.39
GREU JANET _.._ _ _____ _ _ -- - -_ _
SUPPLIES__ _ _
011GS8
01/05/88
1.89
GREW JANET
SUPPLIES
011GS8
Oi /05/88
3.51
GREW JANET
SUPPLIES
25.79
011H21
01/05/88
14.00
HERBERT MICHAEL J
SUPPLIES
011H21
01/05/88
14.74
HERBERT MICHAEL J
TRAVEL TRAINING
-- -
- - 28_.74_-*
Page;
1957 CITY
OF MAPLEWOOD
CHECK REGISTER
CHECK NO .
DATE - -_- _ . _ _ -- -- -
AMOUl�1�'- - -- - - - -- - - -- -
- -- - -- VENDOR----_-- _--- - - - - -- -
-I TEN DESCR I PT 1014
0 t 1 J53 _
0 f / 05 /88 - - -
- - -- _ - -- 5 . 46-.. - -- _ .
- JOHN SON
5.46
011L30
01/05/58
135.70
LEAGUE OF MN CITIES
CONTRACT PYM
011L70
01/05/88
1
LOGIS
CONTRACT P
1,500.55
011M31.-
01 / O5/88 -- -- - --
-- - - -- 2t?3.47 - -._ _ --
-- MANPOWER_ TEMP -- - - - - - -- __- _ -__. __ _. -._
PT WADES-.__ . - --
PT WAGES
011M31
01/05/88
203.48
MANPOWER TEMP
406.95
011 M54 -
01/05/89 - -
- -- - - -- -- 55.83
MINNESOTA- -- BLUEPRINT - - - -. - - --
PT WAGES.- - - -. -
55.83
011M95
01/05/88
28.00
MRPA
BOOKS
28.0
01IN27
01/05/88
14.25
NCR CORP
CONTRACT PYM
CONTRACT PYM
011N27
01/05/88
14.25
14.25__
NCR CORP
NCR CORP_ ____._ - - - - -- - - -. _. -- - - -
-- CONTRACT. PYM1-
01 1 N27 _
011N27
-_- 01 /OS/8�8 - - -- __.- --
01/05/88
- -- -- - - - -._ _ __ _.
14.25
NCR CORP
CONTRACT PYM
011N27
01/05/88
14.25
NCR CORP
CONTRACT PYM
CONTRACT PYM-
41 1 N27 _.
_ 01 / 05 /SS-- -
01/05/88
_ ___ .. - - _ 14.25
14.25
NCR-CORP.---- _ -- -- - - -- - - --
NCR CORP
CONTRACT PYM
011N27
011N27
01/05/88
14.25
NCR CORP
CONTRACT PYM
- - -- 1-1-4-. 0 _ * _
-- -- - - - -- - - -- - - - - -- - - - -- - - - --
- - --
011N30
01/05/88
#,141.91
NORTH ST PAUL CITY
UTILITIES
1,141.91
01 1029--
01 / OS /w - - -- - -- -
- -- - - -- -- _ 1 1 .22 -
OCTOPUS-- CAR -- WASK -- - - -- -- _
MAINT- VEH- - -- - -- -
011029
01/05/88
11.22
OCTOPUS CAR WASH
MAINT VEH
011029
01/05/88
100.98
44.88-
OCTOPUS CAR WASH
MAINT VEH
011029 -. -
011029
01 / 05 /S$ - - -- -
01/05/88
---- - - - - -- -
11.22
OCTOPUS CAR WASH
MAINT VEH
179.5E
Page: 6
1987 CITY
OF MAPLEWOOD
CHECK REGISTER
CHECK NO.
DATE ____ __ _.. __
_
_. AMOUNT _ _ -- _ .. _ - -- ._ --
.--- ...____.___ - -. VENDOR- _ __.-- _--- ._____ __._ _ _.... - - -.__ -. -
_ ITEM. -- DESCR IPT ION..
O1iPES
01/05/88
S,OOa.40
PEAT MARWICK
MAINT VEH
S , 0 0 0. 0 0
011P45
01/05/88
66.00
PITNEY BOWES
CONTRACT PYM
66.00
01 i R05
01/05/88--
_ 43.04 _
_ RAMSEY- - CLINl -C- -- - - -- -- --
PHYSICAL-- - -
43.00
- - - -- - - -- - -
011R09
01/05/8$
10.00
RAMSEY COUNTY
CONTRACT PYM
. 01 1 R 0 9
- 01 / 05/8& _. _ _.. _. _.
- _ _ 1, 000. 0.0
RAMSEY COUNTY_- _ ___- _ _ .- . -- - - -_ . _ .....
CONTRACT PYM-.___. _
011R09
01/05/88
13,965.41
RAMSEY COUNTY
CONTRACT PYM
14, 975.41
011 R23
01/05/88--
38.67 -
RAMSEY COUNTY DEPT. _
BOOKS,
011R23
01 /05!88
32.67
RAMSEY COUNTY DEPT
BOOKS
011R23
01/05/88
32.67
RAMSEY COUNTY DEPT
BOOKS
01 1 R23
01 /05/89
39.67
RAMSEY COUNTY DEPT. - .
BOOKS.
011R23
41/05/88
32.75
RAMSEY COUNTY DEPT
BOOKS
011R23
01/05/88
32.67
RAMSEY COUNTY DEPT
BOOKS
196-10
011R24
01/05/88
80.00
REMINGTON ELEC
SUPPLIES
_ 80.00
* * * * **
011R26
01/05/88
141.92
REEF INDUSTRIES
SUPPLIES
01IR26
01/05/88
101.79
REEF INDUSTRIES
SUPPLIES
_ 243-7t * -
- - _ _ -_ - . - - - _ ._ _ _ ......
* * * * **
011R49
01/05/88
259.00
ROAD RESCUE
SUPPLIES
2S9.00
011 S02_
01/05/8&.
__ 38 � 00
S 6 D LOCK SAFE -- - -__ __ ___. _
SUPPLIES_
38.00
01 i Sol
01 /05/8. &. - --
-- - so.- I E- - __
SPS_ OFFLCEE.. PROD--------_.--- - --
SUP PLLES_. - - - - - -- _
011S03
01/05/88
48.1S
SPS OFFICE PROD
SUPPLIES
011S03
41/05/88
33.72
SRS OFFICE PROD
SUPPLIES -
.... Page m 7
1987 CITY
OF MAPLEWOOD
CHECK REGISTER
- CHECK NO :
DATE - - - -- - - - - -- - --
-- AMOUNT-- - - - - --
-- -- - -.._. __ -- VENDOR—. __ --- - - - - -_
ITEM DESCR I PT IOR
011S03
01/05/88
14.64
SPS OFFICE PROD
SUPPLIES
O i i S O3
- 0 tl OS/88 - - -
- 102.93
SPS OFF-I CE -. PROD- -._ _ - - - --
SUPPL I ES
011503
41/05/88
117.59
SPS OFFICE PROD
SUPPLIES
011S03
01/05/88
79.96
SPS OFFICE PROD
SUPPLIES
011 v03 - --
{ 1 / OS /88- -
-- _ - 63 . SO
SPS- OFF I CE-- PAM --------..__
SUPPLIES- - - -- -- - -
011503
01/05/88
132.74
SPS OFFICE PROD
SUPPLIES
011S03
01/05/88
73.95
SPS OFFICE PROD
SUPPLIES
011903--- _ . --
O f /OS / &8 -- .__.. -- --
- _. _ 178.06
SPS OFFICE PROS - -- - - - - - - -_ --
SUPPLIES-
011S03
01/05/88
40.58
SPS OFFICE PROD
SUPPLIES
011S03
01/05/88
178.00
SPS OFFICE.PROD
SUPPLIES
at t S03 -- -
01 /45/88 -- - _ _.._.
_ 17 i , 71 - _ -.
_ SPS. OFF CE PRaD- .--- - - --
011.503
01/05/88
23.55
SPS OFFICE PROD
SUPPLIES
011803
.01/05/88
40.58
SPS OFFICE PROD
SUPPLIES
.011S03 ____ .-
_ 0i05/88 __ _.
_ -73.95 -
SPS OFFICE PROD _ __. -_
SUPPLIES---
011S03
4i /45 /88
34.68
SPS OFFICE PROD
SUPPLIES
011503
01/05/88
178.00
SPS OFFICE PROD
SUPPLIES
01 1 803 ._
___ 01/0- 5/88 __ _ _..___
-_ -_ _ _ ___ 19.78
SPS- OFFICE PROD- ____. -_..- .--- .._____ -_
SUPPLIES__
011503
01/05/88
54.40
SPS OFFICE PROD
SUPPLIES
1,710.54
_ 0ii50.5--
01/05/99--- _ - --
- _ 137.76-
S T OFFICE__ _.. -- - - --
REPAIR MAINT _.
Oi1S05
Oi /05/88
157.44
S 6 T OFFICE
REPAIR MAINT
19.68
4 i 183o _
01/05/89 --
_ 126-99-
SEARS #8412 .. - -. - -
SUPPLIES_._ -
01 1 S30
01 /05/88
1 0.59
SEARS 88412
SUPPLIES
137.57
_ 01 1 S39-_- _
- 01 /05/88- - - -- _ _
_ - 1
SHORT ELLIOT HENDR- _ _.-
CONTRACT PYM -- -
011S39
01/05/88
807.54
SHORT ELLIOT HENDR
CONTRACT PYM
011839
01/05/88
444.60
SHORT ELLIOT HENDR
CONTRACT PYM
2, 656.81-
011858
01 /OS /88
388.28
ST PAUL CITY OF
REPAIR MAINT
011558
01/05/88
131.50
ST PAUL CITY OF
REPAIR MAINT
41 i 858-
O i / 05/88..-- -_____ _-
- -_ 1,778.82
ST PAUL CITY OF _.
REPAIR MAINT---- -
01iS58
01/05/88
239.15
ST PAUL CITY OF
REPAIR MAINT
011858
01/05/88
416.50
ST PAUL CITY OF
REPAIR MAINT
0 t 1558
41 /05/8 - - --
- - -- - -- - 146.00.
- -- ST PAUL- CITY_ OF._ -- - .. - - --
CONTRACT PYM.- -
3,100.25
011566
01/05/88
29.76
ST PAUL DISPATCH
PAPER
- -
_ .. _ - -- -
- -- - -- -- - - -- 29--.76--
-- - - - - -- _ -- - -- - - --
- -- -- -- - - -- - - - - -- - - - .
01#V49 01/05/88 80.80 VIKING SAFETY PROD SUPPLIES
80.80
0#1V50 01/05/88 39.55 VIRTUE PRINTING SUPPLIES
.39.55
Page:
1987 CITY
OF MAPLEWOOD
CHECK REGISTER
CHECK Na.-
DATE---
AMOUNT--.------
ITE?t_ DESCRIPTION.
- ........... - -- 2,533.80.
_ _ SEXTON-. PRINTING -- -- - -- -._...
PRINTINGw - - -- - _ --
2
-- -_ - - --
-------- _
01iT3 0
01/05/88
99.95
TARGET
REPAIR MAINT
01 1 T30.
__ _ 01 /05/$8- - - --
39.99
TARGET _ -- - _ . _ . -- -- -
REPAIR MAINT -
139.97
---- - - - - --
01 1 TSO
01 /05/88
18.80
T J AUTO PARTS
REPAIR MAINT
01 1 T50_
01 /0588-
116.41
T J AUTO. PARTS-. _. __ -._
REPAIR- MAINT- -
01IT50
01/05/88
29.96
T J AUTO PARTS
REPAIR MAINT
165.17
011 T80
01 /O5/8S __ _
9
TRUCK UTILITIES. MFG -- -
EQUIPMENT --
9,077.00
011T94
01/05 /88
154.00
TWIN CITY TESTING
CONTRACT PYM
_
1S4.00
011T98
01/05/88
37.08
TWIN CITY MAP CO
SUPPLIES
37,08
011UE0 --
01/05/88
28.70
UNIFORMS UNLIMITED.
UNIFORMS _
011U50
01/05/88
160.00
UNIFORMS UNLIMITED
UNIFORMS
01#U50
01/05/88
227.35
UNIFORMS UNLIMITED
UNIFORMS
011U50
01/05/88
37.75-
UNIFORMS- UNLIMITED--
UNIFORMS.
011U50
01/05/88
282.20
UNIFORMS UNLIMITED
UNIFORMS
OiiU50
01/05!88
76.35
UNIFORMS UNLIMITED
UNIFORMS
_. 812- .- 35-
0#1U77
01/05/88
29.65
UNITED BUSINESS
SUPPLIES
011077
01/05/$8
29.65
UNITED BUSINESS
SUPPLIES
- ------ - - - - - --
59.30.
01#V49 01/05/88 80.80 VIKING SAFETY PROD SUPPLIES
80.80
0#1V50 01/05/88 39.55 VIRTUE PRINTING SUPPLIES
.39.55
Page: 9
1987 CITY OF MAPLEWOOD
CHECK REGISTER
- CHECK N4 . E3ATE - -- - _ - - - -
- -- AMOUNT _ __ _
- - - VENDOR
-_...- - - - -- - - - - - -- -- - --
ITEM DESCRIPTION
011W50 01/05188
55.22
WEBER- TROSETH
INC
SUPPLIES
55.22
011W70 01/05/88
5.40.00
WINFIELD
MITCHELL
CONTRACT PYM
540.00
0 #130 -- - = 41145188 - - --
- -- _ 5 6.73..
ZEP M�FC C4- -..__. - -- -- - - --
SUPPLIES-----__ -.
56.73
33,223.95
FUND
01
TOTAL
GENERAL
-
387.02
FUND
02
TOTAL
MISC NON- DEVELOF
18.42
FUND-
0-3
TOTAL:_____._. -__ _
HYDRANT- CHARGE. _.
1,796.79
FUND
13
TOTAL
C.I.P.
32.67
FUND
32
TOTAL
86 -32 BOSSARD At
_ _. - - -- - - -- -- - --
-- - - 110.00
_ FUND-
3.3- .
TOTAL - - --
81 - -20 M CKN GklTlk
32.67
FUND
35
TOTAL
82 -18 BENNINGT0
14,965.41
FUND
36
TOTAL
83 -1 FROST AV AL
FUND
45
TOTAL-.----------- ._ . -
94-12 BEAMS W . OF -
377.30
FUND
48
TOTAL
85 -2 BVR CRK API
32.67
FUND
49
TOTAL
85 -6 GOFF$ TH.IRt
- - _ - -
32.67
FUND
62- --
TOTAL- - -- . -- - _ _ _
_ 88 -1.. CONDOR- STOG
4,697.61
FUND
63
TOTAL
86 -3 CENTURY AVE
1,672.00
FUND
76
TOTAL
86 -22 HILLCREST
32.67
FUND
82
TOTAL__
86 - L
7
FUND
87
TOTAL
86 -19 CARVER HTE
567.04
FUND
90
TOTAL
SANITARY SEWER V
4#290.36--_
FUND--9Z
TOTAL-___
87 -8 GONYEAS- OAM
642.00
FUND
94
TOTAL
DENTAL SELF -INS
9,588.94
FUND
96
TOTAL
VEHICLE 6 EQUIP
81,348.94
TOTAL
I988 EXPENSE ~ —
�.
�
[
.� �
'
64 00
1 54
is
4 1
41 00
of
1085
%.o40J 00
MN Ett
630600
NCR
4.75
4 id
til
ow
�.
�
[
.� �
'
—1—
Actioii
b Council
CITY OF MAPLEWOOD
Endol
CHECKS
ISSUED FOR PAY PERIOD ENDING 12-18-87
, �
Id, da' f i d.
PAYROLL
CHECK # 1334 # 1492
Re ect- e
D at emwxwm"&=w-*
EMPLOYEE NAME
GROSS PAY
GREAVU, JOHN C.
$ 400*00
WASILUK, CHARLOTTE P.
325e00
BASTIAN, GARY W.
325e00
JUKER, FRANCES L.
325*00
ANDERSON, NORMAN G
325*00
McGUIRE, MICHAEL A.
29330e59
BEHM, LOIS N.
852*25
JAHN, DAVID J.
689972
CUDE, LARRY J.
242e40
ZUERCHER, JOHN Le
157*60
OSTER, ANDREA J.
665*05
FAUST, DANIEL F.
1,846.28
TAYLOR, LINDA
897923
MATHEYS, ALANA K.
868e25
VIGNALO, DELORES A.
852*25
ANDERSON, CAROLE J.
1,146.46
AURELIUS, LUCILLE E.
1
SCHADT, JEANNE L.
745*85
HOSCHKA, GERMAINE
428*80
KELSEY, CONNIE L.
440*91
VIETOR, LORRAINE S.
733933
HENSLEY, PATRICIA A.
415e83
CARLE, JEANETTE E.
643*62
GREEN, PHYLLIS C.
929905
.COLLINS, KENNETH V.
1
RICHIE, CAROLE L.
706*65
SVENDSEN, JOANNE M.
908*30
NELSON, ROBERT D.
19675*88
DOLAN, RITA
276*12
OMATH, JOY Es
720e25
MARTINSON, CAROL F.
686*65
ZAPPA, JOSEPH A.
29532*86
STILL, VERNON T.
19308*68
SKALMAN, DONALD W.
1
NELSON, CAROL M.
19529*65
MORELLI, RAYMOND J.
19332*68
STEFFEN, SCOTT L.
19323o08
ARNOLD, DAVID L.
1,455.26
BANICK, JOHN J.
1,426.67
BOHL, JOHN C.
1,331.16
—1—
CITY OF MAPLEWOOD
PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 12 -18 -87
CHECK # 1334 - # 1492
EMPLOYEE NAME
CAHANES, ANTHONY G.
CLAUSON, DALE K.
MOES CHTER, RICHARD M.
PELTIER, WILLIAM F.
SZCZEPANSK_I, THOMAS J.
WELCHLIN, CABOT V.
LANG, RICHARD J.
PALMA, STEVEN T.
HERBERT, MICHAEL J.
DREGER, RICHARD C.
MEEHAN, JAMES E., JR.
STAFNE, GREGORY L.
BECKER, RONALD D.
HALWEG, KEVIN R.
STOCKTON, DERRELL T.
PAULOS, PAUL G., JR.
BOWMAN, RICK A.
KARIS, FLINT D.
HEINZ, STEPHEN J.
GRAF, DAVID M.
THOMALLA, DAVID J.
YOUNGREN, JAMES G.
RAZSKAZOFF, DALE E.
VORWERK, ROBERT E.
BERGERON, JOSEPH A.
MELANDER, JON A.
EMBERTSON, JAMES M.
WILLIAMS, DUANE J.
RABINE, JANET L.
STAHNKE, JULIE A.
BOYER, SCOTT K.
SARAFOLEAN, JULIA A.
RYAN, MICHAEL P.
NELSON, KAREN A.
THOLEN, SHAWN M.
FLAUGHER, JAYME L.
BARTA, MARIE L.
HAIDER, KENNETH G.
CHLEBECK, JUDY M.
MEYER, GERALD W.
GROSS PAY
$1,675.88
1,357.48
1,407.52
1,455.26
1,222.14
1,196.97
1,441.43
1,532.20
1,397.17
2,532.86
1,308.68
1,386.67
1,371.88
1,455.26
1,308.68
731.33
1,331.16
1,480.01
1,459.55
1,405.48
1,467.73
1,394.19
1, 564.09
1,405.48
1,418.62
1,381.48
1,431.88
1,256.68
860.11
852.25
745.85
665.05
1,537.22
868.25
852.25
884.25
757.32
1,795.08
884.25
1,158.30
-2-
CITY OF MAPLEWOOD
PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 12 -18 -87
CHECK # 1334 — # 1492
EMPLOYEE NAME
GROSS PAY
KANE, MICHAEL R.
LUTZ, DAVID P.
KLAUSING, HENRY F.
SCHMOOCK, JOHN
HELEY, RONALD J.
OSWAL D, ERICK D.
TEVLIN, HARRY J., JR.
FREBERG, RONALD L.
CASS, WILLIAM C.
ELIAS, JAMES G.
PECK, DENNIS L.
PRIEBE, WILLIAM
IRISH, BRUCE A.
GESSELE, JAMES T.
GEISSLER, WALTER M.
LOFGREN, JOHN R.
ODEGARD, ROBERT D.
BRENNER, LOIS J.
KRUMMEL, BARBARA A.
STAPLES, PAULINE
SWANSON, LYLE E., JR.
WILLIAMS, MATTHEW D.
TRAVERS, DANIEL L.
ANDERSON, ROBERT S.
LINDORFF. DENNIS P.
MULVIHILL, MICHAEL
YUKER, WALTER A.
HELEY, ROLAND Be
.MARUSKA, MARK A.
BURKE, MYLES R.
GERMAIN., DAVID A.
SHELDON, LEO Be
WARD, ROY G.
TAUBMAN, DOUGLAS J.
ZAHN, WILLIAM
GREW, JANET M.
CONNERS, KIM
HORSNELL, JUDITH A.
HUTCHINSON, ANN E.
DOHERTY, KATHLEEN M.
OLSON, GEOFFREY W.
$1,310.74
1,105.70
1,115.91
761.63
1,077.47
809.45
1,160.83
1,126.63
1,497.66
1,259.21
1,203.45
1,288.33
1,342.46
1,411.80
1,236.91
864.96
1,723.08
868.25
386.18
1,367.26
845.85
190.00
85.50
1,013.05
1,042.65
400.00
81.00
1,062.65
1,201.84
1,102.65
1,082.65
142.50
406.40
1,056.86
37.50
892.25
254.05
468.08
348.12
918.98
1,701.49
—3—
142,476.15
PAYROLL DEDUCTIONS AMOUNT
ICMA RETIREMENT CORPORATION Z1 $ 7
CITY & COUNTY EMP CR UNION Cl 20
AFSCME 2725 416.95
MN MUTUAL LIFE INS. 19 -3988 160.00
METRO SUPERVISORY ASSOC U3 18.00
MN BENEFIT._ASSOCIATION Il 447.60
MN STATE,RETIREMENT SYSTEM Z2 13 6.00
T - 29 9 180*16
GRAND TOTAL $171,656.31
-4-
CITY OF MAPLEWOOD
PAYROLL CHECKS
ISSUED FOR PAY PERIOD ENDING 12 -18 -87
CHECK # 1334 - # 1492
EMPLOYEE NAME
GROSS PAY
WEGWERTH, JUDITH
A.
$ 368.37
LIVINGSTON, JOYCE
L.
310931
EKSTRAND, THOMAS
G.
1
JOHNSON, RANDALL
L.
1
OSTROM, MARJORIE
1
CARVER, NICHOLAS
N.
1
WENGER, ROBERT J.
1,181.85
NADEAU, EDWARD A.
1,099905
MULWEE, GEORGE W.
1
NUTESON, LAVERNE
S.
1
BREHEIM, ROGER W.
1,061.05
E DSON , DAVID B.
1
OWEN, GERALD C.
401.85
MULVANEY, DENNIS
M.
1
SPREIGL, GEORGE C.
861.85
142,476.15
PAYROLL DEDUCTIONS AMOUNT
ICMA RETIREMENT CORPORATION Z1 $ 7
CITY & COUNTY EMP CR UNION Cl 20
AFSCME 2725 416.95
MN MUTUAL LIFE INS. 19 -3988 160.00
METRO SUPERVISORY ASSOC U3 18.00
MN BENEFIT._ASSOCIATION Il 447.60
MN STATE,RETIREMENT SYSTEM Z2 13 6.00
T - 29 9 180*16
GRAND TOTAL $171,656.31
-4-
AGENDA NO �' ,
AGENQA REPORT
TO:. Cit Mana
FROM: Finance Director
RE: 1987 Bud Chan Tax Increment Fund
DATE: December 28, 1987
Al UL lt-o —a i
t-A
Dateo. -------
O.n D 28th a bill for $4,500 was received from the Bri a-nd' Mor
l,aw firm for le work on the last tax incre pro The attached
letter provides details re the work that was done,
These le costs can be financed b the Cit Tax increment Capital
Project Fund accordin to Mar Ippel. However, before the bill can be
paid, the Council must appropriate money to cover the.�expendfture. There
is an ade balance in the Tax Increment Fund to cover these le Costs.
It is recommended that the Council approve a 1987 appropriation of $4,500
in the Tax Increment Capital Proj Fund to cover le costs incurred,
DFF: 1 nb
LAW OFFICES
BRIGGS AND MORGAN
PROFESSIONAL ASSOCIATION
2200 FIRST NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA 55101
TELEPHONE (612) 291 -1215
TELECOPIER (612) 222-4071
INCLUDING THE FORMER FIRM OF
LEVITT, PALMER, BOWEN, ROTMAN & SHARE
December 23, 1987
Kyr . . Daniel Faust
Financial Director
City Hall
1830 E. County Road B
Maplewood, MN 55109
Re: City of Maplewood, Minnesota
General Obligation Tax Increment Matters
Dear Dan:
We are enclosing our statement for services rendered to
the City of Maplewood regarding tax increment financing matters
from January 1, 1987 through November 1, 1987. This bill covers
our advice and consultation given to City Staff, preparation
of Development Program and Tax Increment Financing. Plan for
Economic Development District No. 1 -2 (Mall Addition and Main
Street Store), the preparation of various resolutions and
certifications relating to District No. 1 -2 and attendance at
Planning Commission and Council meetings.
Please feel -free to call should you have any questions.
Very truly yours,
Mary L. Ippel
MLI:jms:061
Enclosure
2200 FIRST NATIONAL BANK BUILDING 2400 I D S CENTER
SAINT PAUL, MINNESOTA 55101 MINNEAPOLIS, MINNESOTA 55402
(612) 291 -1215 (912) 330 -0981
A Number
Ac b Council 9.1
A Report
TO: City Mana
FROM: Finance Director ��,�
RE: Computer Maintenance A
DATE: December 30, 1987
Endorse
Modif 'led.
Rea ectea
Date.
The attached A 0
A costs in excess of $1,000 and therefore re
Council approval, The A covers maintenance on the nine IBM clones
that were purchased in October. The rate of $250 per machine is reasonable
compared to what we have been pa on IBM personal computers in the past.
It is recommended that the Council authorize the appropriate Cit Officials to
execute the a
DFF/ch
I
W
6) Specifications of all equipment covered under. a ....
.t.
a*rd M S t '.
I.CPU.r,H D s k F 1-opp D'"sk:,Contr'oller Cards ,Monitor'',, oni or
Card','Ke Ports.Power Supply, Cables, Mother Board.,
Client Name: Cit of Maplewood
Address: 1830 E Ct Road B
City: Maplewood .,Zip** 55109
P.C. Number:
Customer Approval
Phone: 770-4500,.
Contact Nameo.Dan Faust
Title
It
Act-1-i'on b Council:
. MEMORANDUM
To: Michael McGuire, City Manager Mod O f e�
From: Robert D. Odegard, Director of Parks & Recreati R e e tee
Subj: Park Acquisition Charge For Neighborhood Parks Dat
Date: January 4, 1988
Maplewood Code Sec. 21 -56 (a) states "the City Council, at the
first regular meeting of each calendar year, shall act to adopt
by resolution, the average acre acquisition cost and the average
acre development cost for neighborhood parks throughout the City."
The Park and Recreation Commission at its December 21, 1987,
meeting, discussed the Park Acquisition Charge for Neighborhood
Parks and recommends that effective January 12, 1988, that the
City Council establish the average acre acquisition cost at
$4,200, and continue the development cost at $7,500 per acre,
with the City financing 50% of the development costs. This
recommendation is a continuation of our present $79.50 per person
which equates to $326 for single family detached dwellings.
Recommendation
Approve the attached Resolution For Park Acquisition Charge For
Neighborhood Parks indicating the average acquisition cost per
acre at $4,200 and the development cost at $7,500 per acre for
1988.
r
4 •RESOLUTION FOR PARK ACQUISITION CHARGE
ry
FOR•NEIGHBORHOOD PARKS
f
WHEREAS Maplewood Code Sec. 21 -46 recognizes the need for neighborhood-parks,
establishes standards and .improvement guidelines for such and provides methods
of acquisition and development, and
WHEREAS Sec. 21-56 (a) states that the City Council at its first regular meeting
of each calendar year shall act to adopt by resolution the average acre acquisi-
tion cost and the average acre development cost for neighborhood parks throughout
the City, and -
WHEREAS the intention of the Ordinance is to provide for future quality of life
through the acquisition and development of park -open space, and
- 9
WHEREAS the costs of acquisition of property and the development of parks has
continued to increase, therefore
• The Park and Recreation Commission recommends that effective January 12, 1988, the
Ci t Council establish the average acre acquisition cost at $4,200, and continuer
the development cost at $7,500 per acre, with the City financing 50% of the develop-
ment costs.
�T b
i R
•
MEMORANDUM
To: Park and Recreation Commissioners
From: Robert D. Ode ar.d, Director of Parks and Recreation''
9
Subj: Park Acquisition Charge For Neighborhood Parks
Date: December 15, 1987
Maplewood Code Sec. 21 -56 (a) states "the City Council, at the first regu-
1 ar meeting of each calendar year, shall act to adopt by resolution, the
avera acre acquisition cost and the average acre development cost for
neighborhood parks throughout the City.
At the January 12, 1987, City Council meeting, the Council tabled the rec-
ommendation for the Park Acquisition Charge for 1987. Asa result of this
act ion, the City continues to require the payment , of $79.50 per person for
Park Acquisition Charges (single family home is $326 which is based on 4.1
persons per unit x $79.50).
The formula to determine the Park Acquisition Charge is based on the cost
of one acre of land, plus one -half the cost of development, divided by 100
people, which equals the cost per person per acre. Our present cost of
$79.50 per person per acre is based on the cost of one acre of land equal -
ing $4,200, and the development of one acre of park property at $7,500.
Considering the City's present circumstances in regard to PAC Charges, it
is recommended that the present charge of $79.50 per person be continued.
Recommendation
The Park and Recreation Commission recommends that effective January 12,
1988, that the City Council establis the average acre acquisition cost at
$4,200, and continue the development cost at $7,500 per acre, with the
City financing 50% of the development costs.
December 1987
r
Calculate ate Park Acquisition es for Neighborhood Parks sition Char
How To q 9
(5 -15 Acres in Size)
( Cost o f 1 Acre 1 2 Cost of Deve l o ment ). =- 100 People Cost per Person
c e + ! P
Per Acre
m aid b Ci 1 2
Cost. of develop is p y y � / ) and developer (1
Development includes play q �
h items as: la a ui ment diamonds, backstops, tennis
P
courts, hard surface - .area, hockey rink, parking lot, small building.
Presently:
Development
Cast of 1 Acre 1 Acre People /Acre
( $4 9 200 + $7 ) = 100 = $79.50 /Person /Acre
2
What will be the costs to a builder?
Persons/ Unit Presently 579.50
Single Family Detached Dwelling � 326.00
9 y
'Mobile Nome 2.5 1.98975
Efficiency Dwelling
1 Bedroom 101 87945
3 Bedroom 3.3 262.35
Townhouse
1 Bedroom 2 159900
3 Bedroom 4 318.00
A # 6
Council
73
IvIo d. i", 1-7�i e
0
Ile
fflm�W
TO: Ma & Cit Council
FROM: Cit Mana
RE: Listin Contract for "Old" Cit Hall
DATE: Januar 4, 1988
Introduction
The Listin Agreement with Edina Realt for the sale of the old Cit Hall
expires January 15, 1988* It is difficult to judge how effective the have
been, but the have shown the building to several potential bu
Recommendation
It is recommended that the Listin A for. the sale of the old Cit Hall
be extended to Jul 15, 1988*
e . 7
AGENDA REPORT
To: City Manager Michael McGuire
From: Chief of Police Kenneth V. Collins'
Sub Purchase of Filing Cabinets ' PP. e eot ed__~____�.
Date: January 5, 1988 Dat
Introduction
Our 1987 budget was approved for the purchase of lateral files for our
communications center. These files have been ordered.
Recommendati
It is recommended that the files be purchased from Sp3 Office Products,
as the price is approximately $8O cheaper than a oompetitor.
Action Re
It is recommended the City Council approve the purchase of these lateral
files at a total cost of $553.
KVC: j s �
AGENDA REPORT
A cti on by C ounc3. 1 :1
To: Cit Manager Michael McGuire E .r o-1- -_Dr,]-r
From: Chief of Police Kenneth V. Collins TMod i !f i �.�.� .
Subject: Purchase of Police Vehicles e j ected.��
J -
Date: January 5, 1988 Date
In troduction
pP
The City
Council ap $51,200 for the purchase of four marked patrol
vehicles and $11,000 for one Fire Marshal vehicle.
Background
The Maplewood lewood Police De artment entered into joint bidding with the City
of St. Y
Paul and Ramsey County and reviewed the state bids for the purchase
of these
vehicles. Chevrolet was the lowest bidder at $11,197 per vehicle,
and that bid was accepted.
The b id only rice is onl g ood for a short period of time, and these vehicles
w p equipment with special a ui ment are only produced on one occasion during the year.
The Police Department will be of these vehicles before the next
bidding y ear, ear, and it is imperative that we place our order while the
opp i available.
Recommendation
s
It i recommended that the purchase of four marked patrol vehicles and
one Fire.Marshal vehicle be approved,
Budget Impact
Monies have already been approved for the purchase of these vehicles.
Action Required
For submission to the City Council for their approval.
KVC: j
cc Captain Nelson
Vehicle File
Fire Marshal F i l e
b-ii, C ounc 011 *1
LT, nrlo r sa, d
is A
Modified
R e j e c t e
Date
MEMORANDUM
TO: Cit Manager
FROM: Randall Johnson--Associate Planner
SUBJECT: Home Occupation--Time Extension
L.00AT I ON: 2580 Clarence Street
APPLICANT/OWNER: Roland Lozier
DATE: December 22, 1987
SUMMARY
Re
The applicant is re an extension of his conditional use
perm 1.
it to operate a piano-tuning. business as a home occupation
(Refer to his I etter of re on page 5.)
Comments
Staff has not received a complaint from an of the appl icant Is
neighbors and is unaware of an violation(s) of the conditions of
approval
Recommendation
.Approve a t ime extension f or up to f ive y ears f or Rol and Lozier's
conditional use permit to o perate a piano-tuning bus.iness as a
home occupation at 2580 Clarence Street a
REFERENCE
Past Actions
1-26-87:
Council approved a conditional use permit for this home
occupation, subject to the following conditions:
lot Compliance with cit re for the operation .of a
home occupation. In particular, no more than 515 s feet of
the detached garage shall be used for business purposess
2a This permit ma be renewed after one y ear. ) provided there
are no unresolved complaints.
3 A fire extinguisher shall be installed in the workshop area
as prescribed b the fire marshalm
4a Onl pianos repaired on-site ma be solds
Cit _Code
Section 36-442(e) states: "Al I conditional use permits shat I be
reviewed b the council within one y ear of the date of initial
approval, unless such review is waived b council decision or
ordinance. At the one y ear review, the council ma specif an
indefinite term or specific term not to exceed five (5) y ears,
for subse reviews. The council ma impose new or additional
conditions upon the permit at the time of the initial or
subse reviews. A conditional use permit shall remain-in
effect as long as the conditions agreed upon are observed, but
nothing in this section shall prevent t the cit from enacting or
amending official controls to change the status of conditional
uses e ll
Section 17•22 states: "A license shall be secured from the city
clerk, annuall in the month of Januar to continue operation of
a home occupation once original approval is granted" (b
conditional use perm it)a
j1
Attachments
in Location Map
2a Propert Line / Map
3. Letter from applicant
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5 Attachment 3
Introduction
Renewal of a conditional use permit to operate a restaurant in a
neighborhood commercial (NC) district.
Background
On January 12, 1987, council granted approval of this conditional
use use permit, subject to:
119 Containment of the cooking odors generated by the restaurant
so not to be noticeable on adjacent residential property,
2. City environmental health official approval of a strategy _
for the required odor containment prior to issuance of an
occupancy permit.
Discussion
There have not been any complaints received.
Recommendat ion
Renewal of the conditional use permit for five years for Ribs
Plus at 2251 Larpenteur Avenue, subject to the original
conditions of approval,
T
on by Couricil:-.]
MEMORANDUM
Re 0 ected.
T 0:
City Manager
t�
FROM:
Thomas Ekstrand -- Associate Planner
SUBJECT:.
Conditional Use Permit
LOCATION:
2251 East Larpenteur Avenue
APPLICANTS:
Mark . LaScotte, & J. Kavonius
& Greg. Kavonius
OWNER:
Weyer Properties q
PROJECT:
Ribs Plus
DATE:
Januar 4, 1988
SUMMARY
Introduction
Renewal of a conditional use permit to operate a restaurant in a
neighborhood commercial (NC) district.
Background
On January 12, 1987, council granted approval of this conditional
use use permit, subject to:
119 Containment of the cooking odors generated by the restaurant
so not to be noticeable on adjacent residential property,
2. City environmental health official approval of a strategy _
for the required odor containment prior to issuance of an
occupancy permit.
Discussion
There have not been any complaints received.
Recommendat ion
Renewal of the conditional use permit for five years for Ribs
Plus at 2251 Larpenteur Avenue, subject to the original
conditions of approval,
REFERENCE
16 This restaurant is located in one of the six leaseable
tenant spaces in the 7 -11 mini -mall.
29 The applicant's area contains 800 square feet of floor
space.
30 Sect ion 96 -129 ( 5) permits restaurants in NC districts by
conditional use permit, provided "there. are no drive --up order
windows or serving of food to patrons in their automobiles. All
cooking odors must be controlled so as not to be noticeable- to
adjacent res idents. "
4. Section 36 -442 (e) provides that all conditional use permits
shall be reviewed by the council within one year of the date of
initial approvalv unless such review is waived by council
decision or ordinance. At the one -year reviewr the council may
specify an indefinite term or specific term, not to exceed five
( 5) years, for subsequent reviews. The council may impose new
or additional conditions upon the permit at the time of the
initial or subsequent reviews. A conditional use permit shall
remain in effect as long as the conditions agreed upon are
observed. but nothing in this section shall prevent the city
from enacting or amending of f i ca 1 controls to change the status
of conditional uses. Any conditional use that meets the agreed -
upon conditions and is later disallowed because of the city
enacting or amending official controls shall be considered a
legal nonconforming use.
in 97
Attachments
1, Location Map
2. Property Line /Zon,ing Map
2
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LOCATION MAP*
3
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4 Attachment 2
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TaTc-i d 'JL f I
IL e
MEMORANDUM D ate
TO: City Mana
FROM: Director of Communit Development
SUBJECT: Bud Increase--Consulti.n* Inspectors
DATK: Januar 4, 1988
Introduct ion
Approval to increase Account 4480-73 (Fees for Servi ice --Buildin
Inspection) b $26#300 to compensate for the deficit in that
account,
Background
This account is used to pa consultin inspectors--buildin
plumbin heatin and electrical, There has been a hi
valuation of construction this y ear than was anticipated in
preparin the 1987 bud As a result* both fees paid to
consultants for inspections and revenues have increased. B y ear
end, we anticipate a bud deficit of $26.300 and a surplus
revenue of $44,000. The director of finance has asked that we
transfer enou surplus revenues to the expense account to,
eliminate the deficit. Council approved a similar re last
y ear,
Recommenda t ion
Increase Account 4480-73 in the 1987 bud b $26#300,r with
surplus revenues from the nonbusiness license and permits
account,
kd
MEMORANDUM
A enda Number A�
9
Action by Council:, T0: CITY MANAGER
Endorsed, —,.,
FROM: CITY CLERK Modifies.,, .
DATE: JANUARY 5, 1988
ej eote aft MONO,
Date
REGARDING: AVM VOTING MACHINES
The Science Museum of Minnesota is requesting the donation of 4 AVM Voting
Machines for a display they are preparing. Since attempts to rid the city of
these machines has been fruitless these 4 machi can be put to good use.
It is requested Council approve the donation and authorize staff to "get rid"
of the rest of the machines.
There does not seem to be anyone interested in out -dated election systems,
November 9, 1987
Ms. Lucille Aurelius
Cit Clerk
1830 East Count Road B
Maplewood, MN 55109
Dear Ms. Aurelius.
The Science Museum of Minnesota is plannin an
exhibit which incorporates into its desi the use of
four lever machine votin booths. I would like to re-
q uest the donation of four of these booths to the
Museum*
We would pick up the booths at y our convenience,
and I am lookin forward to hearin from y ou in order
to arran a da and time*
Thank y ou for y our g enerosit y *
S i n c e r e l y ,
Dick A. Leerhof f
Exhibit Desi
Telephone: 221-4732
FACILITIES: The Lee and Rose Warner Center, Marine-on-St. Croix, IVIN
Actl on by Council
FE n. d, ors a�_______�
RejecteL.__�_�_��
`Dat
AG ENDA NUMB. ER - 13
MEMORANDUM
TOx City Manager
FROM City Engineer
SUBJECT o Easement Acareement--ProJec1:
DATE: January 4, 1988
Attached is the easement agreement to acquire the water tower
site in District B. The site is adjacent to proposed Sterling.
Street north of Linwood Avenue~ It is consistent with the site
previously approved by the city council,
Approval is recommended.
J
BANNIGAN & KELLY, P.A.
ATTORNEYS AT LAW
409 MIDWEST FEDERAL BUILDING
5TH AND CEDAR
SAINT PAUL, MINNESOTA 55101
(612) 224 -3781
JOHN F. BANNIGAN, JR. JANET WILEBSKI
PATRICK J . KELLY LEGAL ASSISTANT
November 19, 1987
Mr. Kenneth Haider
Maplewood City Hall
1830 East County Road B
Maplewood, MN 55109
Re: Purchase Agreement for Water Tower Site
Dear Mr. Haider:
Please find herein proposed Acquisition Agreement (three executed copies). Please
review said agreement which is summarized as follows:
1) 5 0 � per square foot;
2) Subject to easement running in favor of Williams Bros. Pipeline;
3) No representations to the City as to soil conditions;
4) City shall also assume responsibility for all assessments either levied or
pending which are allocated to said subject property - which includes but
is not limited to costs associated with the improvements of Sterling Avenue
and Highwood Drive.
5) Landowners pay all real estate taxes due and payable in 1987,
If you have any questions, please do not hesitate to call.
Sincerely yours,
BANNIGAN & KELLY, P.A.
Patrick J. Kelly
PJK k)res
Enclo
C: Michael McGuire
The City is hereby informed by the Land Owners of the
existence of an easement running in favor of Williams Brothers
Pipeline Company and that it is the City's responsibility to
determine whether or not the location of said pipeline is
acceptable to it. It is further understood that the Land Owners
make no representation to the City that the soil condition of the
property being acquired is suitable for the use intended by the
City.
The Land Owners shall within 10 days after approval of this
agreement furnish an Abstract of Title to the City. This City
shall be allowed 10 days after receipt thereof for examination of
said title and the making of any objections thereto, said
objections are to be made in writing or deemed to be waived. If
any objections are so made then the Land Owners shall be allowed
120 days in which to make title marketable. Pending correction of
title the payments due hereunder shall be postponed, but upon
correction of title and within 10 days after written notice
thereof, the City shall perform this agreement according to its
terms. If said title is not marketable within 120 days from the
date of written objections thereto then the City shall have the
right to proceed with condemnation proceedings to which the Land
Owners will. not object.
The delivery of all papers and money is due'hereunder shall
be made at the office of Lemmons & Lemmons and shall take place
no later than November 30, 1987.
Ra mond L. Lemmons
i �ry
J ne M. Lemmons
i
Chaa D. Lemmons
City of Maplewood
By
Its
ACQUISITION AGREEMENT
This agreement made this 2r41-t day of November, 1987, between
Raymond L. Lemmons, Jane M. Lemmons, and Chad D. Lemmons
hereinafter referred to as Land Owners, and the City of
Maplewood, Minnesota, hereinafter referred to as the City.
Whereas, the Land Owners are the owners of a certain parcel
of land located in the Sw 1/4 of the SE 1/4 of Section 12,
Township 28, Range 22 which the City of Maplewood wishes to
acquire as a Water Tower Site; and has stated its intention to
acquire by condemnation said parcel for public use as a Water
Tower Site. Said parcel is shown on Exhibit A attached hereto and
is outlined in red, said parcel is also described as lying South
of the centerline of Hillwood Drive, lying West of the centerline
of Sterling Avenue, and lying East of the West line of the SW 1/4
of the SE 1/40
Whereas, the Land Owners wish to cooperate with the City and
avoid the cost delay of a condemnation proceeding.
Now, therefore, in consideration of the City paying the
Land Owners $.50 per square foot for the parcel set out on
Exhibit A attached hereto the Land Owners agree to transfer fee
ownership of said parcel to the City. The City shall also assume
responsibility for all assessments either levied or pending which
are allocated to said parcel, this shall include but not be
limited to the costs associated with the improvements of Sterling
Avenue and Highwood Drive, The Land Owners shall pay the real
estate taxes due and payable in the year 1987.
The City shall determine the exact legal description of the
parcel shown on Exhibit A attached hereto and shall also
determine the area of said parcel with the Land Owners reserving ,
the right to confirm the accuracy of said legal description.
•
•
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PRELIMINARY PLAT
Exhibit "
Attachment 4
. . .. .......
End rs 0
�vl o d ii f 11 e d
Rej ecte
Date Wn
AGENDA NUMBER-
MEMORANDUM
TO: Cit Mana
FROM: Assistant Cit En
SUBJECT: Acceptance of Developer Projectf Project 86-13
DATE: Januar 4. 1988
Project 86-13P Cave's Sterlin Street Addition, has been
certified as complete in accordance with approved plans and
spec if icat ions and has sat isf lied the en department' s
re It is recommended that the council pass the
attached resolution which certifies as complete and accepts the
public streets and utilities constructed under this project for
maintenance and ownership,
3c
RESOLUTION
ACCEPTING UTILITIES FROM DEVELOPER
WHEREAS, the Cit Council of Maplewood, Minnesota has
heretofore entered into a contract for public improvements for
Cit 86-13 described as Cave's Sterlin Street Addition
and
WHEREAS' said project has been certified as completed,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOODv MINNESOTA that the project is completed and the
utilities are hereb accepted as part of the distribution
systems,,
Action by Counoll's
EndorseA
AGENDA NUMBER
MEMORANDUM
TO: Cit Mana
FROM: Assistant Cit En
SUBJECT: Acceptance of Developer Project, Project 86-09
DATE: Januar 4, 1988
Project 86-09# Huntin Hills First Addition, has been
certified as complete in accordance with approved plans and
specifications and has satisfied the en department's
re It is recommended that the council pass the
attached resolution which certifies as complete and accepts the
public streets and utilities constructed under this project for
maintenance and ownership,
is
RESOLUTION
ACCEPTING UTILITIES FROM DEVELOPER
WHEREAS, the City Council of Maplewood, Minnesota has
heretofore entered into a contract for public improvements for
Cit Project 86-09 described as Huntin Hills First Addition
and
WHEREAS, said project has been certified as completed.
NOWT THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOODo MINNESOTA that the project is completed and the
utilities are hereb accepted as part of the distribution
systems,
Action by C.ounoil:j
Endorsed
Modif ied--
'Re
Date
AGENDA NUMBER - C-/(
AGENDA REPORT
TOO Cit Mana
FROM: Assistant Cit En
SUBJECT: Cit Project 86-15D# Chan Order Number One
DATE: Januar 4' 1988
-1 INTRODUCTION
The purpose of Chan Order Number One is to extend the specified
completion time for the Mail and Road Booster Station Revisions,
Cit Project 86-15D. The completion date is to be extended b
one month. This chan order does not involve a chan in the
cost of the contract,
BACKGROUND
The award of the Service District Ei Elevated Tank was dela
b rebiddin necessar to obtain cost savin of a spheriod tank.
This dela will result in a dela of about one month in the
plann ed completion date of the elevated tank. The Mai land Road
booster station revisions are closel related to the elevated
tank construction. In order to coordinate the completion dates
of these interrelated projects. Chan Order Number On for Cit
Project 86 is necessar
RECOMMENDATION
It is recommended that the 86-15D contract be modified b the
approval of Chan Order Number One.
ic
RESOLUTION
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has
heretofore ordered made Improvement Project 86-15D and has let a
construction contract pursuant to Minnesota Statutes, Chapter
429, and
WHEREAS, it is now necessary and expedient that said
contract be modified and designated as Improvement Pro *ect 86--15
Change Order One.
NOW,w . THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereb
authorized and directed to modify the existing contract by
executing said Change' Order One.
Ij
�1
e`
45
f L I Z��y�� 7 s ec t/.� f ��,.e �c� A wry )�e�
- Abt I-+oni'b�r,� dam.
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
APPLICANT:
OWNERS
PROJECT:
DATE:
C ity Manag
g
Director of Commun y Development Date
Planned Unit Deve pment, Approval fo Reduced
Parking and T Variances
Woodlynn Avenue, East of Ariel Street -
Arkell Development Corporation -
M a t hi lda Howl A. Thomas, Joseph Jansen,
Mary Hennemann, Cecilia and Michael Jansen and
Lesli Hause
Cottages of Maplewood
December 1, 1987
SUMMARY
I
The applicant is requesting the following:
4� f A conditional use permit for a planned unit development (PUD) for
a senior citizen housing development.
Approval for fewer parking spaces and garages, than code requires.
res
P g P g g q -
94 33
a. Two spaces per dwelling unit are required or 12 spaces.
Only spaces are proposed, However, an add i t i onal f..3- - spaces
are provided in front of the garages, primarily to accommodate
guest parking.
b. Code requ' re half of the 120 required parking spaces to be
garages. Only.,,' of the 60 required garages are proposed.
Spaces for eight additional garages are shown on the site plan
erf (P - age 13).
3. A variance from the curbing requirement:
Code requires "continuous concrete curbing surrounding the
exterior perimeter of the lot (parking) and drives . off
(Section 36 -22 [d] ) No curbing is proposed.
4. Two setback variances. Section 36 -27 (a) states that "A
landscaped area of not less than twenty (20) feet in width shall be
provided where: . . . (2) A multiple dwelling abuts property zoned
f single or double dwellings."
� a. The abutting land to the south is zoned R -2, double
dwelling. The setback to the driveway would be seven feet. A
variance of 13 feet is required,
b. The abutting land to the west. is zoned F, farm residence.
A� r The setback to the driveway would be 6 -1 2 fee A
/ t. variance of
13 -1/2 feet is required,
fve vlC
Dis cussion
The PUD is consistent with the city's comprehensive plan and should be
a good neighbor to the adjacent homes. Seniors are quiet neighbors
and .the building is only one story a residential style.
Lot Division:
The proposed site plan includes 20 feet of property to the west of the
property that the applicant controls. Approval of* the lot division
will require a revision of the site plan for the Salvation Army Church
development. Required parking for the church is located within the
subject 20 feet which must be relocated This site plan assumes a lot
split.will also be approved for a small, land - locked parcel along the
west property l i n e , ( Ref er to the map on page 12 . ) There is room on
the Salvation Army site to revise their plan.
.. Storm Sewer and Curbing:
Code requires findings that a variance (s) is not required solely for
financial reasons and that if approved, the project would not present
a substantial threat to the general safety and welfare of adjoining
property owners. These findings cannot be made if storm sewer and
curbing are not constructed.
The applicant is requesting these waivers on the basis of financial
considerations. They are attempting to keep the rent in a particular
range. Secondly, if this site is allowed to drain overland as
proposed, localized flooding could result. The catch basins in the
area streets are not designed to accommodate overland drainage from a
site with as much impervious surface area as proposed. A street
flooding problem already exists on Lydia Avenue to the southeast of
this site. This existing problem could be intensified if this site is
not storm sewered. Finally, each of the other subsidized housing
developments (Concordia Arms - seniors, Hazel Ridge - seniors, Maple
Knoll - family and Lundgren Apartments- fami ly) approved in the past ten
years has provided storm sewer and curb. In all but one case (Hazel
Ridge) , each of these projects is intended to serve a similar if not a
lower- income population than that of the applicant's proposal.
Recommendation
vt�I0 Approve the resolution on page 28 to approve the Cottages of
�{� PIv Maplewood planned unit development for one year, subject to the
t following conditions:
A. This development shall not be converted to nonseniors
housing without revision of the planned unit development. For
purposes of this permit, seniors housing is defined as a
residence occupied by persons that are years of age or older.
Be Trailers and vehicles that are.not required for day -to -day
..transportation needs shall not be parked on -site, unless the city
determines that there . are excess parking spaces available.
C. If council determines that there is insufficient on -site
parking after one Year of 95% occupancy, additional parking may
be required,
2
41 4
f
D . Adherence to the site plan , 1987 and
the floor plans date - stamped September 29, 1987, . with the changes
required by the community design review board. Future changes
may be approved by the community design review board.
II. Authorize ,,..WT- parking spaces, including „ O garages , rather than
the code requirement of 120 spaces, including 60 ,
gara es on the basis
that
garages,
A. The parkin -s ace requirements con '
j g P q contained ned in the zoning code
do not realistically apply to the proposed development, because
these requirements are designed for family
consider the fewer numb housing and do not
g
number of cars per unit needed for senior
housing.
Be The city has approved a reduced number of parking spaces and
garages for all previous senior developments.
C . The reduced number of parking spaces has proven adequate for
a similar project in Stillwater.
III. Deny the concrete curbing variance, on the basis that:
A. Omitting the curbing would not produce a development of
equal or superior quality to that which would result from strict
adherence to the ordinance. Curbing adds to the aesthetics and
drainage of a site. Curbing also provides a definitive boundary
.for the parking spaces and the driveways that will prevent roll-
ups onto the yard area, as well as significantly reduce the
potential for yard damage from snowplowing.
Be The variance is not required for reasonable and practicable
physical development of the site. Rather, this variance is
proposed solely on the basis of financial considerations.
C. Each of the other subsidized seniors residences has provided
concrete curbing.
IV. Approve a )S3-foot s ' pp setback variance from the south lot line and a
a ��f 13 -1/2 -foot setback from the west lot line, provided screening is
g
included along the south lot line that meets the screening --
requirements of Section 36 -27 (c) . Approval is on the basis that:
1. Senior housing creates less traffic noise than a
conventional multiple - dwelling project.
2. The building is only one - story.
3. The setback along the -west property line is not needed
since:
a. The adjacent use is proposed to be a parking lot for a
church.
b. A 20 -foot setback and screening is required between the
church parking lot and lot line.
4. Requiring screening along the south property line would
compensate for the reduced setback.
3
5. The most common setback used by other cities is five feet.
(See the survey on page 32.)
6. Certain regulations contained in this chapter do not
realistically apply to the- proposed development of the
unique nature of the proposed development.
To The variance would be consistent with the purposes of this
chapter.
8. The planned unit development would produce a development of
equal or superior quality to that which would result from strict
adherence to the provisions of this chapter.
9. The variance would not constitute a threat of a substantive
nature to the property values, safety, health or general welfare
of the owners or occupants of adjacent or nearby land, nor be
detrimental to the health, safety, morals or general welfare of
the people.
10. The variance is required for reasonable and practicable
physical development and is not required solely on the basis of
financial considerations.
�t4 a VaI'h ,;"ole., A vHl e/ 7 Is P
1n ��� d�Ul
bA�e� on ge, fl ve e L �
4
CITIZEN COMMENTS
Twenty -five property owners within 350 feet of this site were asked
their opinion of. this proposal. Of the six responses received, three
were in favor and three were opposed,
One of the persons in favor stated that they are concerned about the
drainage from the site if concrete curb and adequate storm sewer are
not constructed.
S to f f comment : Staff is recommending denial of the curb-i ng variance
and installation of storm sewer.
The three persons opposed raised the following concerns:
16 I reject it because of the variance from required underground
drainage (st,orm sewer) for all 60 units, because flooding on Woodlynn
and Lydia Avenues will result.
Staff comment. Staff is recommending that storm sewer be required,
2o I object because my land-locked 56 X 264 foot parcel ( page 11 )
adjacent to the west property line is not included. "We are open to
letting either of our neighbors (the applicant or Gerald Mogren, the
developer of the 15 -lot Lynnwood Terrace plat to the south) purchase
this land at a reasonable price. If Arkell Development were to buy
our property, perhaps they would have sufficient square footage and
would not need the requested variance."
Staff comment: This parcel was acquired after it went tax - delinquent.
It would be desirable to have this parcel combined with an adjacent
parcel. It would, however, be unfair to require the developer to
acquire it.
3* See the letter on page 23. The respondent questions the need for
the project and opposes:
a* less parking spaces,
b,9 less garages,
c, less minimum site area for each unit,
dw waiver of concrete curbing and storm sewer, and
e. the construction of more than eight units in each structure.
Staff comments:
Need for this development:
10 According to the market opinion that was prepared by Gary Stout
of Public- Private Ventures in 1985 for the Harmony School Seniors
Residence, Maplewood could absorb 156 new senior rental housing units
5
for occupancy in 1986 and up to 43.5 units each ear thereafter
eaf ter
through 1990, without causing a vacancy problem for existing eniors
residences. 9
2. Only 75 of the 199 units pro to be needed ded through 1987 have
been constructed. Assuming this 60 project would be occupied
1988, a need would still exist for 107 units in
� 199 + 43 minus 75 5 + 60) ,
30 The waiting lists for the existing enior resid ences are.
a. Archer Heights - 9 people
b. Concordia Arms - 400+
c. Franklyn Park - 300+
TOTAL 70 9+ people
Refer to the beginning of this report for comments on the
e variances -.
REFERENCE
Site Description
Gross area: 5.1 acres
Existing land use: undeveloped
Surrounding Land Uses
North: Woodlynn Avenue. Across the street undeveloped property
planned for RM, residential medium density use.
East: Four single- dwelling homes
South: Nine single- dwelling lots (final lat approval
September 28,. 1987)
P pp val was granted. on
West Two undeveloped parcels. The north arcel is
P part of the
proposed Salvation Army Church site. The south parcel is a 56 X
foot- land - locked parcel. The land- 262.
locked parcel is planned for RM,
residential medium density use.
Past Action
The city has approved reduced parkin and garage '
g g ge requirements for each
previously approved senior development:
1- 03 -80: Concordia Arms
4- 11 -83: Hazel Ridge
5- 19 -86: Casey Lake (abandoned)
Conditions:
10 "If council determines that there is inadequate on- '
during its review one year . of � q site parking
aces y�� ter 95 b occupancy, additional parking
s
P may be required.
2. Areas shall be designated on the approved site
parking spaces.
PP plan for future
Planning
1. Land use plan designation: RM, residential '
medium density
2. Permitted density: 22 people /net acre
3. Proposed density: 20.0 people /net acre 5.1 net t acres)
4. Zoning: F, farm residence
5. Compliance with land use laws:
a. Section 36- 438(b) states:
"It is the intention of this section and the other sections of
this division relating to planned unit development to provide a
P
7
means to allow flexibility by substantial variances from the
provisions of.this chapter, including ses setbacks '
g . , height and
other regulations. Variances may be granted for planned unit
developments provided that:
" (1) Certain regulations contained in this chapter do not
realistically apply to the proposed development because of
the unique nature of the proposed development.
"(2) They would be consistent with the ur oses of this
chapter.
P P
"(3) The planned unit development would produce a
development of equal or superior quality to that which would
result from strict adherence to the provisions of this
chapter.
"(4) The variances would not constitute a threat of a
substantive nature to the property values, safet Y, health or
general welfare of the owners or occupants of adjacent or
nearby land, nor be detrimental to the health, safety,
the people
morals or general welfare of Y
.
"(5) The variances are required for reasonable. and
practicable physical development and are not required solely
y
on the basis of financial considerations.
b. Section 36- 442(b) requires ten findings to approve a
conditional use permit. These conditions are listed in
the
resolution on page 28 .
6. Housing policy:
In 1982, this site was one of seven sites within Maplewood evaluated
by the seven sites. This
Solomonson Associates for its suitability for seniors housing
This site was determined to be the best among
study was undertaken as part of a city - sponsored effort to P romote the
development of owner - occupied seniors housing. The owner of this site
wanted to develop rental units, hence, the site was dropped from
consideration.
A finding of the 1982 study was that area seniors would P refer a
variety of housing styles and types to be made available in addition
to the conventional apartment building (i.e. owner-occupied and rental
townhouses, home sharing and senior group homes). Given these stud
results, the Housing and Redevelopment ty ment Authori has adopted an Y
objective to promote a wider variety of senior housing opportunities
within the community. This proposal is consistent with that . olic
P Y
7. Parking spaces and garages:
Section 36 -22 (a) (2 ) of city code requires at least two arkin s
P 9 aces P
for each multiple dwelling unit. One of these spaces must be
enclosed. Section 36-22(a) allows the city council to authorize a
different requirement.
The city has approved a reduced number of parkin spaces for. a
g p 11 of
the previous senior projects. Most other senior projects in the metro
area have fewer '
parking spaces than two.. spaces for each unit,
According to the attached survey on page 20 the median e
parking spaces to the numb , ' percentage of
P _ g p number of seniors units In suburban cities was
47% in 1979. A 1985 city - survey of three local projects further
confirms this finding:
Archer Heights has added 7 -8 parking spaces since the above survey was
done .because of complaints from the residents of inadequate or
inconvenient parking.
This proposal is different from the seniors residences that have been
constructed in Maplewood. It will be marketed to ersons 5� ears of
P y
age and up, many possibly still working. The existing residences
require their residents to be 62+ years of age. For these reasons,
the large parking variances granted for Archer Heights, Concordia Arms
and Harmony School (project dropped) may not be directly comparable to
this proposal.
The approval of a 50% parking space variance for Hazel Ridge also may
arable. Hazel g y
not be directly com
p Ridge is marketed to persons 62
years of age and older. The rent also includes wellness rams
which will probabl ro result in a l '� g
Y less automobile- oriented population -4
than this development. So far, of the 39 units rented only eight
have an automobile. ' Y g t
A similar development to which to compare the validity-of the parking
P g
variance requests is the developer's Cottages of Stillwater
development. That was the first of the "cottages" senior concept in
the metro area. The 62 -unit fir p •
first phase has had 59 units lived in
since May or June of this year. Each of the units has one bedroom
and there is a garage for every two units. Five of the 59 8.5%
C )
households do not have a car, three of 59 (5.1%) have two cars and the
rest have one car for each unit. Three or four units park
recreational vehicles or trailers on site. The manag states th
• g at
they rely upon on-street-parking for guests. (During the marketing of
that phase, a strong demand was realized for two - bedroom units. About
80% of prospective two - bedroom households want a garage.) On -site
parking of trailers and recreational vehicles is proposed to be
banned.
0
No . o f
No . of
Proj ect No,
of Units
Parking Spaces
Sp aces Used
Ratio
Concordia Arms
124
100
50
81%
Archer Heights
69
42
30
61%
Franklyn Park
117
54
44
46%
Hazel Ridge
75
?5
_
100%
Harmony School
Project
62
62
100%
Proposed Cottages
of Maplewood
60
87
145%
Archer Heights has added 7 -8 parking spaces since the above survey was
done .because of complaints from the residents of inadequate or
inconvenient parking.
This proposal is different from the seniors residences that have been
constructed in Maplewood. It will be marketed to ersons 5� ears of
P y
age and up, many possibly still working. The existing residences
require their residents to be 62+ years of age. For these reasons,
the large parking variances granted for Archer Heights, Concordia Arms
and Harmony School (project dropped) may not be directly comparable to
this proposal.
The approval of a 50% parking space variance for Hazel Ridge also may
arable. Hazel g y
not be directly com
p Ridge is marketed to persons 62
years of age and older. The rent also includes wellness rams
which will probabl ro result in a l '� g
Y less automobile- oriented population -4
than this development. So far, of the 39 units rented only eight
have an automobile. ' Y g t
A similar development to which to compare the validity-of the parking
P g
variance requests is the developer's Cottages of Stillwater
development. That was the first of the "cottages" senior concept in
the metro area. The 62 -unit fir p •
first phase has had 59 units lived in
since May or June of this year. Each of the units has one bedroom
and there is a garage for every two units. Five of the 59 8.5%
C )
households do not have a car, three of 59 (5.1%) have two cars and the
rest have one car for each unit. Three or four units park
recreational vehicles or trailers on site. The manag states th
• g at
they rely upon on-street-parking for guests. (During the marketing of
that phase, a strong demand was realized for two - bedroom units. About
80% of prospective two - bedroom households want a garage.) On -site
parking of trailers and recreational vehicles is proposed to be
banned.
0
If these characteristics hold true for the Maplewood population, the
following parking space availability should occur:
a. Five units (8.5 %) should not have a car -
b. Three units (5.1%) should have two cars
c . Demand for resident parking spaces (60 5 + 3) = 58 cars
d. Available code - compliant spaces for visitors (87 proposed -
58 needed for residents) = 29 spaces
e. Available guest parking in front of garages = 34
f . Total on -site parking spaces for visitors =-73
Public Works
A two- acre -foot storm water pond is planned by the city for the
southeast corner of this site ( page 15) . This pond may not be needed
dependent upon the drainage plan proposed for the site. If the
existing low area is not eliminated, a storm - water pipe should be
constructed to Lydia Avenue to drain this area.
kd
Attachment
1. Location Map
2. Property Line /Zoning Map
3. Site Plan
4. Drawing of the Project
59 Excerpt from the Drainage Plan
60 Project Description /Variance Justification
7. Parking Survey
8. Letter from Raymond Hoyt
9.. Letter from Ramsey County - -CDBG Funding
10. Resolution. (PUD)
11. Setback Survey
12. Site Plan (Separate Attachment)
10
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LOCATION MAP
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PROPERTY LINE /ZONING MAP
12
Attachment 2
4
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4no 4100 �� �� �w� �� 4110 4100 40mommommom MIND 401P
Possible future
garage space
SITE PLAN
13
Attachment 3
4
N
IV St U0 . 61
rig
tea_ z AV
MOO Ilk
�' 'T L x • w •J� ��• . i,' • ••` 7 k "a �2j ' t��;s l �•� f �,� R �t� •
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COUNTY RD sops. • _0000..
.. ....•.....••.. ...•...........••.•..•......... ... 0 00006000.00000000000 ................ 0000 000 • ...
01MMOM-00 awn
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arm /
_ Ave.. s AF
1 / 2 AF .
Applicant's Site /
\ r
- —Lydia Ave. _ 0000
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• , . 00... 0.. ......... ....... VI................... 0 .. ... ... 0000.. ..........' MAJOR WATE DIVIDE -........... ....�... 00 010000.00.000. 0. 00.0000•. 0. . .0000....... 00000000..0.00000.000•••.0000.0 r
INTERIOR WATERSHED DIVIDES --
T ~
PROPOSED S TORM SEWER 42
o
The -;,wo -acre -foot EXISTING STORM SEWER and is not 14ote: P -
needed for the property north of OPEN CHANNEL
Woodlynn Ave. Adequate storm sewer STORM WATER STORAGE, AREA
exists in Woodl ynn Avenue. The pond may INUNDATION AREA
also not be needed dependent upon the STORAGE VOLUME 4 Af^
proposed drainage for this site, D IS C HARGE IN CFS
osc _
CITY L IMITS
.... ..............
EXCERPT FROM THE DRAINAGE PLAN
Attachment 5
• • 15
4
N
THE COTTAGES OF MAPLEWOOD
STATEMENT OF INTENDED USE
INTRODUCTION
The proposed Cottages of Maplewood Project is on a 60 unit housing
for the elderly project proposed for construction on a 5.0 acre tract _
.of land lying south of Woodlynn Avenue and approximately 400 feet
east of Ariel Street.
EXISTING CONDITIONS
The land is now rolling open land with a cover of wild grass and
very little tree growth. . adjacent lands on the north and south
are similar in appearance.. The adjacent land to the west is the site
for the proposed Salvation Army Church and Community Center and the
land to the east is densely wooded residential area.
The site has frontage on Woodlynn Avenue to the north where water,
sewer, and storm drainage.lines exist in.its right -of -way..
PROPOSED USE OF FACILITY
The applicant intends to develop the property into a 60 unit ousing
for the elderly project creating rentable. homes for people years
and over with emphasis on independent living. Twenty (20) 1 bedroom
homes and Forty (40) 2 bedroom homes will be co structed beginning r., a M hft r. in 1987 completing in late 1
jaic "?V7 19 as.
The one bedroom units are 650 square feet including Living Room,
Dining Room, and Kitchen equipped with stove and refrigerator and
Laundry Room with hook -ups for washer and dryer. Each unit has separate
heat and hot water systems and each bedroom features a full length
storage and clothes closet. The carpet shall be FHA approved and
each unit will have Anderson double hung windows. The exterior is
maintenance free, with extensive use of aluminum siding and brick.
Landscaping shall be professionally done and features 13' high Black
Hills Spruce trees. Garages will be available on a optional basis
for residents of the project and site amenities include garden plots
and gardens and a horseshoe pit.
The Cottages of Maplewood are located in close proximity to the shopping
facilities located at Maplewood Mall and are immediately adjacent to
the Church and Community Center proposed by The Salvation Army. In
addition, an abundance of restaurants and other retail faciltities
are in the immediate area and bus transportation is excellent only
two blocks away.
The City Maplewood
ty of aple ood has an extremely high population of seniors.
The concept of the Cottages of Maplewood is to provide the best possible
living unit for the lowest rental dollar. There currently exists a void
of seniors rental housing in the City of Maplewood in the $350 -$400
per month range for a one bedroom unit. The proposed Cottages of Maple-
wood is targeted to fulfill that need currently existing in the City
of Maplewood.
B) Option on site not acquired uni tl August 1987.
(2) Persons 55+ years of age made up 17.1' of
Maplewood's population in 1980.
. 16 Attachment 6
THE COTTAGES OF MAPLEWOOD
JUSTIFICATION FOR VARIANCE REQUESTS
Variance No. 1
•Code requires two parking spaces- per unit or 120 spaces.
proposed. • .
P p Only X are 87
Justif ication
•'The City Code does not ,realistically apply to the proposed development
because of the unique nature of elderly housing. Most elderly residents
is
- have one vehicle per couple and many elderly residents have - no vehicles
at all. The applicant believes that the proposed parking count for this
project would be - consistent with the purposes of the City Code.
The applicant -believes that the lanned unit development P p t proposed would
produce a development of equal or superior quality o that which would
result from :astri c y
t adherence to the provisions of the City Code.
The applicant that the variances would not constitute a threat
of ,a subjective nature to the property values, safety, health, or general
Y g ral
welfare of the owners or occupants of adjacent or nearby and nor be
• - detrimental to the -health Y
safety, morals or general welfare of the public.
The applicant believes that the variance is required for q o reasonable and
practical physical development and are not required solely on the basis
of financial considerations.
Variance No. 2
q0
Code
.requires one garage space per unit or 60 garages. Only * are
proposed.
Justification
The City Code does not realistically apply to the proposed development
because of the unique nature of elderly housing. Most per elderly esidents
have one vehicle couple y •
•p p and many residents have not vehicles
at all. The applicant believes that the proposed parking count for this
project would be consistent with the purposes of the City Code.
The applicant believes that the planned unit development proposed would
p p ro P
produce a development of equal or superior quality o that which would
result from strict adherence •
erence to the provisions of the City Code.
The applicant believes that the variances would not constitute a threat
of a subjective nature to the property values, safety, health, r
h Y • t , o general
welfare of
the owners or occupants of adjacent or nearby land nor be
detrimental to the health, safety, morals of eneral welfare '
9 a e of the public.
The applicant believes that the variance is required for reasonable and
practical physical development and are not required solely n the basis
of financial considerations, y
17
Variance No. 3
`7
Code requires 4,000 square feet of lot area per unit. Only square
- feet per unit are proposed.
Just i f i cat ion
The applicant believes that the regulations contained in the City Code
do not realistically apply to the proposed development because of the
. . ,- unique. nature of the Cottages concept. The Cottages -concept is that of
an apartment building with separate exterior entrances creating a living
environment similar to a single family home environment many of the
elderly residents of-this'project would be accustomed to.
The applicant believes that.-this project would be consistent with the
purposes of the City Code. •
The applicant believes that the planned unit development would produce
a development of equal superior quality which would result from strict
adherence to the provisions of the City Code.
The applicant believes that the variance would not-constitute a threat
of a subjective nature to the property values, safety, health, or general
welfare of - the owners -or occupants adjacent or nearby land nor be detre-
mental to the health, safety, - welfare, or general morals of the public.
The applicant believes that the variance is required
for reasonable and practical and physical development and are not required
solely on the-basis of financial requirements.
Variance No. 4
Code requires concrete - curbing around all-driver and parking spaces. None
is proposed.
Justification
The applicant believes that the requirement for concrete curbing
around all drives and parking spaces is cost_ prohibitive and inconsistent
with the rural nature of the proposed Cottages development. If concrete
curbing is required around all drive and parking areas, extensive and -
costly underground storm drainage piping will be required along with the
costs for the concrete curbing and will require increases in the proposed
rent structure which may inhibit leasing activities and jeopardize the
financial success of the project.
• The applicant believes that the variance would not constitute a threat
of a substantial nature to the property values, safety, health, or
general welfare to the owners or the occupants of the adjacent or nearby
land nor be detrimental to the healtht safety, morals or general welfare
t of the people •
ip
Variance No.
Code requires that there.be more than eight townhouse units
build' g _ is per .
building.
T1 1S6. f % ww` Z
The applicant believes that the regulations contained in h '
t e City Code
do not realistically apply to the proposed development because -of the
unique nature of the C ottages concept. The C otta es concept '
g pt -is that of
an apartment building with, separate exterior entrances creating living
9
environment similar to a si ngle family home environment many of the
elderly residents of this project .would be accustomed to.
The applicant believes that this project ect� would be- consiste nt '
of with the
purposes of the City Code
The applicant believes that the planned unit development would
p produce
a development of equal or superior quality which vould.result from
strict adherence to the provisions of the Cit Code.
Y
The applicant believes that the variance would not constitute a threat
of a subjective nat ure to the property values, safety, health, or 9 eneral_
welfare.of the owners or occupants adjacent or nearly land nor be
detri mental to the health, safety welfare, or eneral morals of the e public.
The applicant believes that the variance is required for reasonable
able
and practical physical development and are not required solely on
the basis of financial requirements
19
1.
Richfield Seniors
East 78th St. & Chicago Ave. So.
Richfield, Mn.
2.61 acres
150 units
60 spaces, surface
57
40%
7
2.
Robbins Landing
39th Avenue No. & W. Broadway
Robb insdale Mn.
1.26 acres
110 units
52 spaces, surface
87
J
47%
7
3.
Northeast Seniors Housing
39th Ave. N.E. & Stinson
Columbia Heights Mn.
2.91 acres
85 units
30 spaces, surface
29
35%
3
j
a 4.
Bridge Square Apartments
F�
River Avenue and Monroe Street
Anoka Minnesota
a t
$j
i
1.19 acres
I
101 units
30 spaces, surface
85
30%
9
5.
Franklyn Park Apartments
is t St. N.E. & S eppala Blvd.
No. St. Paul, Mn.
}
3.77 acres
i
117 units
a
54 spaces, surface
31
46%
4
c �
6.
ti
Roseville Seniors Housing •
1045 West Larpenteur
{
Roseville Mn.
4.56 acres
127 units
63 spaces, surface
28
50%
4
20
Attachment 7
•
` ,
7 .
Bloomington Elderly Housing
82nd St. & Knox Ave. So.
Bloomington Mn.
4:69 acres
_
212 units
134 spaces, surface
8.
Brooklyn Park Elderly
74th & Zane Ave. No.
Brooklyn Park Mn.
1.58 acres
110 units
46 spaces, surface
9.
Boardwalk
Central Ave. & Wayzata Blvd,
Wayzata Mn.
77 units
1.789 acres
38 spaces, surface
10.
Dover Hill
2500 Rhode Island Ave. No.
Golden Valley Mn.
234 total units of which 122 are Elderly
Total 14.8 acres (including 3 acres
on lake)
Elderly portion less than 1/3 of site-
less than 5 acres
74 spaces, surface & garage,
for Elderly
*Parking utilization less than
50% of spaces available '
11.
Fridley Apartments
Mississippi & 7th St. NE
Fridley Mn. -
9.8 acres - Elderly portion less than
1/3 of site - less than 3.3 acres
49 spaces, surface, for Elderly
12.
Coventry
2800 North Snelling Ave.
Roseville Mn.
195 total units of which 103 are Elderly
5 stories
8 acres - Elderly portion less than
1/3 of site - less than 3 acres
49 spaces, surface for elderly
21
Units
Per Acre
45
70
43
24
31
34
63% 15
42% - 7
49% 4
61%* 7
-o.
48% 5
48% 5
k
j
II. FEDERALLY FINANCED & ASSISTED DEVELOPMENTS;
t,
Units.
Per Acre
13, Hopkins Village Apartments
9 Seventy Ave. So.
Hopkins Mn.
166 total units — 907.+ are Elderly
11 stories
1.65 acres
166 spaces, surface
*Less than 25% of Elderly tenants
have cars.
14. Hamilton House
2400 Nevada Avenue So.
S t. Louis Park Mn.
110 units
. 2.5 acres
29 spaces, surface
*90% of parking spaces utilized —
parking suf f is ien t
15. Yorktown Continental Apartments
7151 York Ave. So.
Edina, Mn.
264 units
Approximately 6 acres
120 spaces, 112 surface 6 8 garages
*Approximately 80% of parking
spaces utilized.
Average
Median
22
101
44
approx.
44
Percentage
Parking
• 100 %*
26%*
45%*
49%
47%
Stories
11
M
12
f
BS Prope ies
}' y
Manage ent
R
_ FBS Properties Management, Inc.
1700 Soo Line Building
P.O. Box 522
Minneapolis, Minnesota 55480
June lb, 1987
Mr. Geofe Olson, AICP
Director of Cou nunity Development
City of Maplewood
1830 East County Road B
Maplewood, MN 55109
Dear Mr. Olson #
CONCERNED CITIZEN
After reviewing the proposed development for "THE COTTAGES OF MAPLEWOOD
WOODLAND AVENUE", I am disturbed by the overall attitude of the developer
in. his concept of the City codes and how they should apply to him or better
yet, how they should not apply to him in this particular project.
The one statement that the developer did make that I fully agree with., is
that the City of Maplewood has an extremely high population of senior citizens
and this popoulation continues to grow with each new development. However,
the residents that eventually move in to this development do not necessarily
come from the City of Maplewood. A closer look at the latest population
survey will give you a better overview of the age distribution that exists
in the City of Maplewood. With the latest addition of the Salvation Army
Church and the future development of St. Johns hospital, along with the
present number of senior citizen developments, I wonder very seriously if
additional senior citizen housing projects are necessary in the City of
Maplewood.
In response to the variances requested by the developer, I offer the
following comments for your review;
is variance on number of parking spaces.
The statement made by the developer that senior citizens residents
only have one vehicle per couple or many of them do not have any
vehicles at all, is a broad and a non - factual statement. This project
is proposed for individuals 55 years and older with an emphasis on being
independent. Where does it say that at 55 you have to turn in your
drivers license or that you can have only one car? Also, where will
the friends of the individuals who live in this complex park.when they
come to visit ?, or will they be prohibited from having friends who
drive? The amount of off street parking requested is totally un-
acceptable and this code should be upheld.
(continued)
Attachment 8
Member First Bank System
23
Z. Variance on number of garage spaces.
The developer has contradicted himself on this request. First he
says that he will be only able to build 40 garages as - the project
is presently designed. Then he states that garages will be available
on an optional basis. What happens if everyone wants a garage? Is
he going to provide garages on .a first come, first served basis
until he reaches 40 and then put everybody else on a waiting list?
Anyone who has lived in Minnesota through one of our average Winters .
realises that a garage is becoming more and more a necessity rather
than a luxury especially for senior citizens who may not be able to
brush - the snow off their cars or Who will have problems starting their
cars after they have been sitting outside in below zero temperatures.
3. Variance on square feet.
I have no problem with the proposed change to just under 4,000
square feet per unit. However, not having seen the interior space
layout for these units, I cannot comment on just how practical this
development will be in regards to usage of interior space.
4. . Variance on concrete curbing. I
The applicant admits that the only reason why he does not want
concrete curbing is because of the cost factor. He is not concerned
with storm drainage or maintenance that will be necessary at a later
date. He seems to believe that it either does not rain in Minnesota
or that the streets will make an adequate drainage surface. The
request for concrete curbing, and I emphasise the ward concrete is a
must in Minnesota, with snow plowing and extreme temperature changes
that take place, it is imperative that only concrete curbing be used
in order to insure that they will last longer than one or two years.
This, to me, is a definite must.
5. Variance on storage per unit.
I see no problem with granting this variance and it seems to me he is
complying with the code. .1,
6. Variance on number of townhouses per unit.
The builder is strictly putting this project together for monetary
reasons and thus trying to get as much as possible on this site and
attempting to cover this situation with the idea of the concept of the
development and as he uses the term "cottage concept ". This is
strictly a monetary decision and has no basis as it regards to the
overall concept of the project.
24
rk
70 My overall opinion of the project is that the idea of providing first
class housing for senior citizens is are outstanding idea.. However,
the developer is waving the senior citizen flag in the hope that you
will not see the real reason for this proposed project development
and that is for him to make money.
If he was trying to impress me with his proposed garden plots and
a horse shoe pit, I was not. The statement that the applicant
continues to make that he believes that the variances would not
constitute a threat of a subjective nature to the property values,
safety, health, or general welfare of the owners or occupants
adjacent or nearby land, nor be detrimental to the health, safety,
welfare, or general morals of the public, I am in complete dis-
agreement with the developer on this statement. A closer look at
the site plan indicates that this project is the next thing to being
a maze. He has crowded as many senior citizen cottages into this
space as possible. He has left very little geeenery and has turned
this project into one big maze. The artists rendering of what the
elevation will look like is very impressive however, I don't believe
there will be any particular place on this site that you will be able
to stand back far enough to get the particular elevation view as
shown on his drawing. The artist has done an outstanding job of
showing plenty of greenery and the white picket fences in order to
help sell this project. However, when you look at the overall site
plan, such a concept is hard to visualize.
My initial recommendation would be to first verify the need for additional
senior citizens housing in the City of Maplewood and if the need did exist
then proceed with the proposed project following the existing codes that
are now in existence and were in existence prior to the developer putting
this project together. Should you want any additional input from me in
regards to the development of the project, I would be glad to sit down with
you or any member of the planning commission.
Sincerely,
Ra nd C. Hoyt
299 Furness Court
Maplewood, MN 55109
25
i
RAMSEY COUNTY
Office of the Executive Director
286 Court House 15 W. Kellogg Blvd.
Saint Pahl, Minnesota 55102
(612) 298.5980
Terry Schutten, Executive Director
September 10 1987
Mr. Geoffrey Olson
City of Maplewood
1830 E. .County Road B
Maplewood, Minnesota 55109
Dear Geoff:
County Commissioners
Diane Ahrens
John T. Finley
Ruby Hunt
D ua ne W. MC-01Tty
1 lal Not t ai d
Dontild E. Salwrda
Warren W. Schauer
The Community Development Advisory Committ continues to view
the. proposal for the Cottages of naplewood favorably nd
expressed • Y
p a desire to fund the activity at its meeting today.
However, the information which HUD confirmed only ast week with
respect y •
p t to what we can fund leaves us with uncertainty regarding
tbe viability of the project. In order to bring a disposition to
this matter the County will tentatively allocate $252,500 for the
project until November 30, 1987 This figure includes the cost
of the land and an allowance to secure an appraisal on the land
wh ich will be required by HUD. In the inter the following
steps should be taken:
1. Financing for the entire project should be sol
This includes the City's affirmative response to the
Developer's request for a tax exempt bond issue any
confirmed clarification as to tow the shortfall from the
requested $400 and the actual $252,000 which we can
offer will be met. The County takes no P osition on how
the shortfall should be met. An.actual bond sales need
not take place.
2 . A new prof orina showing an updated budget for the project
including all of the sources of revenue as they actually
are anticipated. This proforma should be coin feted at
the time a � i
11 sources of revenue are pinned down for the
project.
3* A statement from the City of Maplewood that the project
has met all of the requirements of the City, including
any citizen participation or public hearing requirements
which the p 9 q
h _ City may hav
.
. 1 VL this in. r..? L.!.cn E . bl11 A be � �r � a• dpi }.� �'� �'/1���L.• no
xkm :147
low 6.e C.- r _ . _ . ... 1 j .. _ - - _ L • .�i ` v r j 0 r t s
requested on or before October 30, so we roay remain up to date
26 Attachment 9
4 it *8,1
Should you have questions or need assistance during try 3. s t i mc.1,
please do not hesitate to contact me. We are very enthusiastic
about the potential for this project,and look forward to hearing
from you soon.
Sincerely,
Judy A. Karon, Director
Community and Economic Development
cc: Commissioner Norgard
John Bossa rdt
Charlotte Scott - HUD
0
27
Pursuant to due call and notice thereof a regular meetin g of the
City Council of the City of Maplewood, Minnesota was duly called and
held in the council chambers in said city on the day of
1987 at 7 p.m.
The following members were present:
The following members were absent:
WHEREAS, Arkell Development Corporation initiated a conditional
use permit for the Cottages of Maplewood planned unit development at
the following- described property:
The south 662 -87 feet of North 1325.74 feet of East 263.63 feet
of Northwest 1/4 of Northeast 1/4 of Section 2, Town 29, Range 22,
and;
The West 263.63 feet of East 527.26 feet of North 1321.30 feet of
Northwest 1/4 of Northeast 1/4 of Section 2, Town'29, Range 22,
and;
The East 20 feet. of the following parcel, the East 263.634 feet
of the West 790.902 feet of the North 1265.7 feet of the NE 1/4 in
Section 2. Township 29, Range 22,
.and;
The East 20 feet of the following described parcel, the south
55.6 feet of the North 1321.3 feet of the East 263.634 feet of the
west 790.902 feet of the NE 1/4 in Section 2, Township 29, Range 22.
WHEREAS, the procedural history of this conditional use permit is
as follows:
110 This conditional use permit was reviewed by the Maplewood
Housing and Redevelopment Authority (HRA) on October 6, 1987. The HRA
recommended to the city council that said permit be approved.
2* The site plan and building elevations for the proposed
development were reviewed by the Community Design Review Board (CDRB)
on November 24, 1987. The CDRB recommended to the city council that
said permit be approved,
3. This conditional use permit. was reviewed by the Maplewood
Planning Commission on November 16, 1987. The planning commission
recommended to the city council that said permit be approved,
28 Attachment 10
40 The Maplewood City Council held a public hearing on December
14, 1987. Notice thereof was published and mailed pursuant to law.
All.persons present at said hearing were given an opportunity to be
heard and present written statements. The council also considered
reports and recommendations of the city staff and planning commission.
NOW, THEREFORE, BE IT. RESOLVED BY THE MAPLEWOOD CITY COUNCIL that
the above - described conditional use permit be approved for the
Cottages of Maplewood planned unit development, subject to the
following conditions:
A. This development shall not be converted to nonseniors
housing without revision of the planned unit development. For
purposes of this permit, seniors housing is defined as a residence
occupied by persons that are,,5 years of age or older.
�a
B. Trailers and vehicles that are not required for day -to -day
transportation needs shall not be parked on -site, unless the city
determines that there are excess parking spaces available.
Co If council determines that there is insufficient on -site
parking after one year of 95% occupancy, additional parking may be
required.
f rz i i a 014 or let / ri
Do Adherence to the site plan 1987 and
the floor plans date - stamped September 29, 1987, with the changes
required by the community design review board. Future changes may be
approved by the community design review.board.
Approval is on the basis of the following findings of fact:
1. The use is in conformity with the city's comprehensive plan
and with the purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be
detrimental to the public health, safety or general welfare.
39 The use would be located, designed, maintained and operated
to be compatible with the character of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to
present and potential surrounding land uses, due to the noises, glare,
smoke, dust, odor, fumes, water pollution, water run -off, vibration,
general unsightliness electrical interference or other nuisances.
6. The use would generate only minimal vehicular traffic on
local streets and shall not create traffic congestion, unsafe access
or parking needs that will cause undue burden to the area properties.
7. The use would be serviced by essential public services, such
as streets, police, fire protection, utilities, schools and parks.
8. The use would not create excessive additional requirements
at public cost for public facilities and services; and would not be
detrimental to the welfare of the city.
29
9. The use would preserve and incorporate the site's natural
and scenic features into the development design
v
10. The use would cause minimal adverse environmental effects.
' --
Approval includes a � -foot setback variance from the south lot line
pct a 13 -1/2 -foot setback variance from the west lot line for a }
o driveway Approval of the variances is on the basis that.
3 1. Senior housing creates less traffic noise than a
`-- conventional multiple- dwelling project.
2. The building is only one- story.
30 The setback along the west property line is not needed
since:
ZZ
°
_r a. The ad • acent use is proposed to be a parking 1
� p p p g of for a
church.
t s
bo A 20 -foot setback and screening is required between the
church parking lot and lot line.
4. Requiring screening along the south property line would
compensate for the reduced setback.
5. The most common setback used by other cities is five feet.
( See the survey on page 32.)
6. Certain regulations contained in this chapter do not
realistically apply to the proposed development because of the unique
nature of the proposed development.
7. The variance would be consistent with the purposes of this
chapter.
8. The planned unit development would produce a development of
equal or superior quality to that which would result from strict
adherence to the provisions of this chapter, �`
90 The variance would not constitute a threat of a substantive
nature to the property values, safety, health or general welfare of
the owners or occupants of adjacent or nearby land, nor be detrimental
to the health, safety, morals or general welfare of the people.
10. The variance is required for reasonable and practicable
physical development and is not required solely-on the basis of
financial considerations.
kill
Aaoptea tois day of , 1987.
Seconded by Ayes --
STATE OF MINNESOTA )
)
COUNTY OF RAMSEY ) SS.
CITY OF MAPLEWOOD )
I, the undersigned, being the duly qualified and appointed clerk
of the City of Maplewood, Minnesota, do . hereby certify that I have
carefully compared the attached and foregoing extract of minutes of a
regular meeting of the City of Maplewood, held on the day of
198 , with the original. on. file in my office, and the same is a
fu 11, true and complete transcript therefrom insofar as the same
relates to a. conditional use permit.
Witness my hand as such clerk and the corporate seal of the city
this day of , 1987.
City Clerk
City of Maplewood, Minnesota
31
y►
SETBACK REQUIREMENTS
MULTIPLE
DWELLING ADJOINING SINGLE
OR DOUBLE DWELLING PROPERTIES
Setback to Side or Rear Property
Lines
Private
Open Parking
Dwelling
City
Driveway
Space
Garages
Structure
Coon Rapids
5'
S 1
51
25 1
5
Roseville
5'
5' or 20' from a
151 side
_
principal struc-
30' rear
ture on the ad-
joining lot
whichever is
greater & within
300 from the dwell-
ing entrance
Plymouth
15'
20'
No
20 1
detached
garages
Brooklyn Center
15'
15'
15'
15' or
twice the
height of
bldg, which-
ever the
greater
Fridley
15'
5'
5'
Side Y ard:
15' + l' for
each 4 over
35' of bldg
height
Rear yard:
20% of depth
with a min.
of 25' & a
max. of 40
Blaine
15'
25'
20'
20'
Shoreview
5'
5'
5' side
30 1
10' rear
Crystal
15'
15'
5'
15' side
40 rear
White Bear Lake
5'
5'
5'
15' side
30 rear
Woodbury
10'
10
( Same as for
20 side
structure)
35' rear
+ 1' for ea.
1' over 35'
32
Attachment 11
w
Oakdale
5'
10'
5'
10
20'
N. St. Paul
None
None
3'
25
50 1
Vadnais. Hgts
5'
10'
5'
20
15' or the
height of
the bldg
whichever is
greater
Little Canada
5'
15'
15'
30' to 50'
(ease-by-
ease)
Eagan
5'
10'
10'
30' + 1'
for each ft.
above'35'
Apple Valley
5'
5'
10'
40'
Maple Grove
5'
None
15'
side
15' side
40'
rear
40' rear
Golden Valley
25'
25'
50'
50'
New Brighton
15'
15'
30'
30'
South St. Paul
None
None
2 -5'
9` side
25' rear
West St. Paul
None
10'
10'
40' + 1/2'
for each ft.
above 50'
Cottage Grove
(T. Hse) 5'
25'
25'
25'
(Apts) 5'
50'
50'
50'
Burnsville
5'
15'
10'
40'
New Hope
10'
10'
20'
side
20' side -_
35'
rear
35' rear
Columbia Hgts
1'
10'
2 -10'
side
1/2 bldg
hgt, or 10'
whichever
greater
3 -20'
rear
1/2 bldg
-
hgt or 20'
whichever
greater
Range
0 to 25
0 to 50
2 to 50
10
to 50+
Most Common
5
10
10
25
to 40
Maplewood
20
20
20
20
to 75
33
i
Action. by Council.
MEMORANDUM
nnYzu
��� c d � : c d—
TO: Ci Manager Re ecte snow FROM: Director of Community Development Date
SUBJECT: Y pent
Tax _ Increment and Tax - Exempt Financing
LOCATION: Woodlynn Avenue, East of Ariel Street
APPLICANT: Arkell Development Corporation
PROJECT: Cottages of Maplewood
DATE: November .10, 1987
Introducti
The applicant is requesting $2.8 million in tax-exempt '
$275,000 in tax-increment financing and
ent financing for the 60 -unit Cottages of
Maplewood development for older adults which is ro 0
�nToodlynn Avenue and east P p sed south of
of Ariel Street. The purpose of this
financing request is to reduce the rents of this '
prod ect to be
affordable to low and moderate income seniors. The tax-exempt
financing would reduce the developer's interest costs. The tax -
increment financing would pay for site improvements, •
p nts, such as .curbing,
sidewalks, landscaping and utilities.
Background
1. Tax financing uses the increase in
taxes from a new
development to f inance projects with a public purpose. These taxes
would normally go to the city, county, school district
that -are fund Y rict and other
agencies
• funded • by property taxes, one of the justificatio
for tax - increment financin is that the
9 project would not be built and
taxes generated without this financing.
29 The city council adopted the original
tax - increment financing
plan on October 28, 1985 and modified i
September 28 198 7 it on June 23, 1986 and
.
3. Tax - exempt financing reduces the interest rate for the
developer's financing. This is move tha
the federal tr easury Y t normally would have gone to
,
49 The city has approved tax-exempt fin •
p rojects P financing for two previous
senior housing p sects - Hazel Ridge and the Harmony School ro'ect.
The city also approved tax - increment financing P
projects and a first- for two senior housing
time home buyers program in 1982. This project
ec
was dropped. P t
510 In 1982 and again in 1985, the Housing
g Authority conducted
surveys that asked seniors to indicate their
preferred type of
housing. A number of the respondents chose housing types other
apartment g YP than
the conventional rental a P C l• e• condom i n i um /townhouse, home
sharing, senior group homes), On the basis of these surve s the
promote Y � HRA
has adopted an objective to P the availability of non -
conventional senior housing options within the communit
le development ye, This
townhouse sty p t is unique to this area and is, therefore,
consistent with the HRA's policy of promoting wider variety
senior housing options. g y °f
6. Based upon previous market studies and the present waiting lists
for area senior residences, there appears to be a need for this
housing.
7. Ramsey County has authorized $252,000 in Community Development
Block Grant (CDBG) funds for this project.
Discussion
There is a need for senior housing in our area, although the HUD
office reports that there is a surplus of higher income senior housing
in the metro area. There are long waiting lists for existing projects
in the Maplewood area and a projected need of 43.5 units each year
through 1990. As the baby boom generation ages, there should be a
continuing demand for this type of housing. Providing lower rents for
older adults helps to fill a public need. (See article on page 12 . )
This problem is compounded by the cutback in federal housing programs.
l: Financing
The tax- increment financing makes sense in this case. This project
would cost the city $385,000 ($275,000 to the developer and $110,000
in financing costs). The project would generate $150,000 each year in
increased taxes. The project would pay for the city's costs in 2.6
years. It is unlikely that this site could be developed by another
project within this time, if the Cottages project did not develop.
Requ i. r i ng that the city receive a percentage of the sale of the
property in proportion to the city's investment of' tax - increment funds
over a five percent appreciation each year will allow the city to
share in any windfall profit.
2. Design Improvements
In 1986, council adopted a policy to require eight of sixteen design
upgrade options on page 6 to be incorporated in a development in
exchange for city approval of tax - exempt financing. This is the first
proposal to be considered following the adoption of the design upgrade
policy. The problem is that the list of design options does not give
credit for many of the amenities that are particularly important to
older adults. These amenities include:
a. A superior site location, readily accessible by public
transportation and very close to medical and shopping facilities;
b. A one -level patio home concept with separate entrances and
grassed, -"private-appearing" yard area outside their door and
windows;
c, flower or. vegetable garden plots next to their entrance;
2
d. hook -ups for a full-sized washer and dryer in each unit;
e. garage or parking space (s) readily accessible from each
unit;
fo large windows in . the living rooms and bedrooms of each unit
for as much natural lighting as possible.
The project does include four of the design options in the city's
criteria:
1.- distinctive, non - generic style
20 dead bolt locks
30 all parking spaces at least ten feet wide
4. recreational walkways or sidewalk
The reduction of the number of design upgrade options from eight to
four is acceptable on the basis that:
10 Several senior - citizen - oriented design amenities will be
incorporated in this project.
2. This development would provide a senior housing opportunity that
does not exist in this area. A policy of the HRA, since 1981, has
been to promote the availability of a wider variety of senior housing
o ptions
1 menda t i on
c a
d1 n F
i
r��� I , rave the resolution on page 13 to grant preliminary approval of
tax xempt mortgage revenue financing and the housing program for one
�� 1 yea for $2.8 million to construct the Cottages of Maplewood.
1 A royal is subject to the city's requirements for tax- exempt mortgage
evenue financing, except that only four of the eight design upgrading
options shall be required. In addition, the project shall comply with
the fallowi income requirements:
A. 20% of the units shall be occupied by households that have
an adjusted gross income of 50% or less of the metropolitan
median income, unless the developer elects to provide 40% of the
units complying with the 60% of median income requirement;
B. 75% of the units shall be occupied by households that have
an adjusted.gross income of not more than 110% of the
metropolitan median income, and;
CO 51% of the units shall be affordable to -households which
have adjusted gross incomes of no more than 80% of the
metropolitan median income.
KI
Y
0
I 3 Approve the resolution on page 24 revising the city's development
program and tax - increment plan to include $275,000 for land
acquisition and on -site improvements and $110,000 in financing costs
for the Cot tages of Maplewood Seniors Development, subject to
rece iving a percentage of the s ale .of the property in pro ortion to
the city's investment of t - increment fu nds over an annua
appreciation o 51,
The actual amount to be approved will be decided once the total cost
of the development is determined and once an in end.ent a ra is.al is
submitted to document the amo of public fiLnqaDc needed to achieve
rents affordable o the avera Maplewood resident betwe *� O and 70+
yeargo age: The person chosen or the appraisal work shad be
approved by the city.
to
4
REFERENCE
Past Actions
1. Tax- Exempt Financing -- Seniors Housing
1- 14 -85: Council granted preliminary approval of $5.8 million of tax -
exempt financing for up to 100 units for the Hazel Ridge Seniors
Residence at 2696 Hazelwood Avenue. (Final approval has been granted
and construction is complete.)
11-25-85: Council granted preliminary approval of $6.5 million of.
tax - exempt financing for the .116 -unit Harmony School (Casey Lake)
Seniors Residence (County Road C and White Bear Avenue), subject to
construction beginning within one year. (This approval has expired
and the project has been abandoned.)
w
2.. Tax- Increment Financing -- Seniors Housing
In 1982, council gave concept approval to using tax - increment
financing to assist with the development of a seniors housing project.
The project would have used approximately $150,000 of tax - increment
funds for each of two senior housing developments (Hazel Ridge and '
Bennington Woods). Those developments were proposed to be owner-
occupied. The program also included a first -time home buyer component
financed with tax - exempt financing. Interest rates fell and the
program was abandoned.
Housing l Policy and Requirements
10 Tax- exempt mortgage revenue financing:
a. The following requirements have been adopted by council for
approval of tax - exempt mortgage revenue financing for multiple
dwellings:
(1) The development shall be consistent with the
comprehensive plan.
(2) The development will not have a negative impact on the
vacancy rates of existing multiple dwellings in the city.
(3 ) There is reasonable assurance that the development w i l l
be able to comply with the federal low -to- moderate income
requirement over the life of the bond issue.
(4) The bond indenture agreement shall require:
(a) The developer to annually certify to the city and
trustee, on the anniversary date of the bonds,
compliance with the federal low -to- moderate income
requirement.
(b) The program trustee, as approved by the city
council, shall inform the city of any noncompliance
trends,
5
(5) Payment of an annual-program participation fee. (The
formula is established at the time of final approval.)
(6) Prevailing wage requirements for the construction
workers.
(7) Design upgrading options which must include eight of
the following items:
(a) Brick
(b) Building design should be a distinctive, non-
generic style with meaningful details.
(c) A noticeable increase in size and quantity of
landscape plantings over what is normally required
(d) Underground irrigation of all landscaping
e) Usable open space provided above code minimum
(f) Electrical outlets adjacent to at least half the
parking stalls for car heaters
(g) A children's play area
(h) Deadbolt locks
(i) Security system
(j) Swimming pool, tennis court, indoor multi- activity
room or outdoor multi- activity building
(k) At least 10% more parking spaces or garages than
code requires
(1) Underground parking or parking under the dwelling
unit
(m) Setbacks above code minimums
(n) Floor areas above code minimums
(o) All parking stall widths at least ten feet
(p) Recreational walkways or sidewalk
2. Housing bond plan amendment: Council's adoption of the housing
bond plan in October, 1982 authorized the use of tax - exempt financing
for multiple dwellings. This plan, however, did not include specific
development programs. As a result, each time a development is
approved for this financing, council must adopt a specific housing
program for that development. The program must be reviewed by the
Metropolitan Council before the developer's request for the tax - exempt
financing can be submitted to. the Minnesota Housing Finance Agency for
approval.
6
3. Need for this development:
a. According to the market opinion that was prepared by Gary
Stout of Public - Private ventures in. 1985 for the Harmony School
Seniors Residence, Maplewood could absorb 156 new senior rental
housing units for occupancy in 1986 and up to 43.5 units each
year thereafter through 1990, without causing a vacancy problem
for existing seniors residences.
.b. Only 75 of the 199 (43 -and .156) units projected to be needed
.through 1987 have been constructedw Assuming this 60 -unit
project would be occupied in 1988, a need would still exist for
107 units (199 + 43 minus 75 + 60)
c. The waiting lists for the existing senior residences are:
(1) Archer Heights - 9
(2) Concordia Arms - 400+
(3) Franklyn Park - 300+
700+
40 Required Income and Rent Limitations
Market rate units -Rent
(includes utilities)
$324 (1 bedroom)
$511 (1 bedroom)
$484 (1 bedroom)
$575 (2 bedroom)
a. Federal law requires one of two income limitations to be
enforced for 15 years to qualify for tax- exempt financing:
(1) At least 20% of the units must be occupied by
households with adjusted gross incomes of 50% or less of the
metropolitan median income, or;
(2) At least 40% of the units must be occupied by
households with adjusted gross incomes of 60% or less of the
metropolitan median income.
MAXIMUM ALLOWABLE ADJUSTED GROSS INCOMES FOR 1987
Percent of Median Income
50%
60%
One Adult
$12,938
$15,525
Two Adults
$14,438
$17,776
b. The county is requiring that 51% of the units must be
affordable (not more than 30% of gross income) to households with
adjusted gross incomes of 20% or less of the metropolitan median
income,
For one- person households., the 80% ceiling is $21,300. For two -
person households, the 80% ceiling is $24,381. In 1987, monthly
rent, including utilities, would have been limited to $532.50 a
month for a -one- bedroom unit or $607.50 for a two - bedroom unit.
7
c. The applicant is proposing 1988 rents of $385 plus $60
(heat ing /c.00ling and electricity) _ $445 per month for a
one bedroom unit and $485 plus $70 (heating /cooling and
electricity) = $555 per month for a two - bedroom unit.
d. The city should also require that at least 75% of the
units must be occupied by households with adjusted gross
incomes of 110% or less of the metropolitan median income
($30,038 for a one -adult household and $34,914 for a two-
adult household)* This restriction was required with each
of the previously approved tax - exempt financing requests.
This requirement is more justifiable in this case because of
the additional direct subsidy with tax-increment funds.
59 Competitiveness With Existing Senior Residences:
The rents for the proposed units would not be directly subsidized
through the Section 8 or Section 202 programs, as with the Archer
Heights and Concordia Arms residences. The design of this
.development w i l l also attract persons generally younger and more
independent (transportation and socially) than the Archer Heights
and Concordia Arms residences. Archer Heights and Concordia Arms
require their residents to be 62 or older. This development
would be marketed to persons 50 years of age and older. Archer
Heights and Concordia Arms also have congregate areas which this
proposal w i l l not have. This project also should not compete
directly with the Hazel Ridge units. Hazel Ridge's rents range
from $575 to $795 for one bedroom and $795 to $1 -,600 for two -
bedroom units. These rents include wellness programs that will
not be available at the proposed development.
6. Suitability of the Site for a Seniors Residence:
In 1982, a site evaluation of potential senior housing sites was
conducted for the city by Gary Solomonson Associates. That study
considered seven sites, including this site. This site was found
to be the best suited for senior housing.
kd
Attachments
i. Location Map
20 Property Line /Zoning Map
3. Site Plan
4. Newspaper Article
5. Resolution (Tax- Exempt Financing)
60 Tax- Exempt Financing Plan
7. Resolution (Tax- Increment Financing)
80 Development Program and Tax - Increment Financing Plan
94W HRA Minutes
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Possible future
Attachment 3
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Daltot a Count t x e t o h e I
fen nce ,J u�on for eniors
By Jim Adams
Staff Writer
Dakota County residents for the first
timc next year will pay a small part
of their . property taxes into a housing
And for lower- income senior citi-
zens. _
The Housing and Redevelopment
Authority (HRA) will levy a tax to
help make up for cuts in federal
funding for senior housing, said
Mark Ulfers, HRA executive direc-
tor.
Ulfcrs noted that a study done this
year for the county estimated that
about 2,300 of 3000 lower-income
seniors need help in finding low -cost
housing. The county is assisting the
other 1,100. Ulfers said the waiting
• period to get into one of the county's
eight subsidized buildings for seniors
is one to four years. Residents pay 30
percent of their income for rend
Within three years, the HRA expects
to have collected enough taxes to
build a 65 -unit building and offer
subsidized rents for seniors, Ulfers
said. •
The county board last month unani-
mously approved the HRA's propos-
al to levy one -third of 1 mill that will
raise about $616,666 in the first year
for senior housing. This is the first
time the HRA has used its taxing
ability, Ulfers said.
The board approved the HRA levy
because "there is such a pent -up de-
mand for housing for seniors in the
county," said Chairman Steve Loed-
ing. "Most people think of Dakota
County as predominantly a young
county. But we have a great number
of seniors in West St. Paul and South
St. Paul: We are also seeing greater
• West St. Paul can have an income of
up to $24,300 for a couple, Erickson
said. •
"Most eople
think opp .
County as
predominantly a
y oung county.
But we have a
great number of
seniors in West
St. Paul and
.South St. Paul.
-Steve Loeding,
chairman, Dakota
County Board
People looking for moderate -priced
senior housing call several times a
month to Dakota Area Resources
and Transportation -for Seniors
(DARTS), said .Janet Woodhull,
manager of DARTS volunteer home
services program.
The HRAs proposed 65 -unit project
will be a welcome addition that will
reduce waiting lists for senior hous-
ing, Woodhull said. "I think we will
see a need for more and more low -
income senior housing," she said.
Woodhull said she often sends vol-
unteers to visit and help seniors liv-
ing in large apartment complexes.
"Because there are so few older peo-
ple now in the western part of the
county, there are no services yet. No
grocery stores deliver. It is really
tough for those people."
needs of the aging population in the
western suburbs, and we need to plan
in advance to provide for senior
housing." .
About 15,000, or 6 percent, of county
residents are seniors, and that num-
ber is growing rapidly, Ulfers said.
The number of county residents age
65 or older increased 59 percent dur-
ing the 1970s, compared to 27 per-
cent in the metropolitan area, accord-
ing to census information.
About 1,120 county seniors receive
housing assistance. About 430 of
them live in apartments or homes
and - receive rent assistance, which
restricts income to $ for one
person or $ 15,450 for two seniors,
said Kari Erickson, HRA deputy di-
rector. Seniors living in the HRA -
managed Colleen Loney Manor in
12
She said there also is a housing need
"for people in the middle who are
not eligible for subsidies" and can't
afford expensive market rate housing
for seniors, which can cost $ 1,000 a
month or more.
A. study done in March by Health
Planning Management Resources
looked specifically at senior housing
needs in three cities, as well as coun-
ty -wide. The study found that Eagan
needs 287 units for low- income sen-
iork, Burnsville needs 250 units and
Apple Valley needs 69 units. The
three suburbs now have no subsi-
dized senior housing.
Two senior housing projects being
i
built n West St. Paul will provide 86
subsidized units and 102 units priced
at market rates, Erickson said.
But those two buildings and the
HRA proposal "won't make a dent in
the number of units needed, especial-
ly by the time ours is built," Erickson
said. "It will definitely be an im-
provement, but they won't begin to
meet the needs, according to our
waiting lists throughout the county."
The waiting list has more than 450
seniors on it, she said.
About 300 people have expressed in-
terest in the 60 -unit subsidized budd-
ing, Mt. Carmel Manor, being built
in West St. Paul, Ulfers said. The
128 -unit Westwood Ridge Apart-
ments will have about 26 subsidized
units, said Erickson.
Attachment 4
MODIFIED
DEVELOPMENT PROGRAM
for
DEVELOPMENT DISTRICT NO, 1
TAX INCREMENT FINANCING PLANS FOR
ECONOMIC DEVELOPMENT NT DISTRICT NO. 1-1
(Zanti and Maplewood S
HOUSING DISTRICT NO* 1-1
(Maple Rid Apartments)
HOUSING DISTRICT NO, 1-2
(Maple Rid Estates Apartments)
ECONOMIC DEVELOPMENT DISTRICT NO.-.1-2
(Mall Addition and Main Street Store)
HOUSING DISTRICT NO. 1-3
(Cotta of Maplewood)
for
CITY OF MAPLEWOOD, MINNESOTA
December 14, 1987
This document was drafted b BRIGGS AND MORGAN
2200 First National Bank
Building
St. Paul, Minnesota 55.101
Attachment 8
MUNICIPAL ACTION TAKEN
Based upon the statutory authority described in the
Modified Development Program attached hereto, the public
purpose findings by the City Council and for the purpose of
fulfilling the City's development objectives as set forth in
the.Modified Development Program, the City Council has
created, established and designated Development District No. 1
pursuant to and in accordance with.the requirements of
Minnesota Statutes Section.469.126.
The following municipal action was taken in connection
therewith:
October 28, 19_85_ The Program for Development District
No. 1 was adopted by the City Council,
June 23, 1986 : The Program for Development District No.
1 was modified by modifying the Project Costs.
September 28, 1987 The Program for Development District
No. l was modified by enlargement of the geographic
Project Area and increased Project Costs.
December 14, 1987 The Program for Development District
No. 1 was modified by modifying the Project Costs.
The following municipal action was taken with regard to
the Tax Increment Financing Districts located within
Development District No. 1:
Economic Development District No. 1 -1 (Zantigo and
Maplewood Square):
October 28, 1985 The Tax Increment Financing Plan
for Economic Development District No. 1 -1 was
adopted by the City Council.
June 23, 1986 The Tax Increment Financing Plan for
Economic Development District No. 1 -1 was modified.
Housing District No. 1 -1 (Maple Ridge Apartments):
October 28, 1985 The Tax Increment Financing Plan
for Housing District No. 1 -1 was adopted by the City
Council.
31
June 23, 1986 The Tax Increment Financing Plan for
Housing District No. 1 -1 was modified.
Housing District No. 1 -2 (,Maple Ridge Estates
Apartments):
October 28, 1985 The Tax Increment Financing Plan
for Housing District No. 1 -2 was adopted 'by the City
Council.
June.23, 19.86 The Tax Increment Financing Plan for
Housing District No. 1 -2 was modified.
Economic Development District No. 1-2 .(Mall Addition and
Main Street Store):
Sept_ ember 28, 1987 The Tax Increment Financing
Plan for Economic Development District No. 1 -2 was
adopted by the City Council.
Housing District No. 1 -3 (Cottages of Maplewood):
December 14, 198 7: The Tax Increment Financing Plan
for Housing District No. 1 -3 was adopted by the City
Council.
. 2
jZ
SECTION I
DEVELOPMENT PROGRAM FOR
DEVELOPMENT DISTRICT NO. 1
1
.1. Definitions The terms defined below shall, for
ur oses of this Development Program and Tax Incremen
purposes meanings herein s e
Financing Plan,. have the me cified, unless the g P .
context otherwise specifically requires:
, city" means the City of Maplewood, a municipal
—� '
corporation and political subdivi sion of the, State of
Min nesota* The City has a Statutory City -Plan A form of
government.
+' " means the City's Comprehensive Plan
Comprehensive Plan Y
rrrrrr�.
submitted to the Metropolitan Council pursuant to Minnesot
Statutes. 473.173, which contains the objectives, policies,
st andards andards and p rograms to guide public and private land use,
development, redevelopment and preservation for all lands and
water within the City.
" Council " means the City Council of the City, also
referred to as the governing refe 9 body. (See "Governing Body"
below.)
"Count means the County of Ramsey, Minnesota.
" Development District Act means the statutory provisions
ri�,rrr�r�
of Minnesota Statutes, Sections 469.124 through 469.134 as
amended and supplemented.
" Development Di strict" means Development District No. 1
the City, which is created and established hereto pursuant
In y' Development to and in accordance with the D ment District Act, and is p
geographically
described in Exhibit A.
Development P rogram" means this Development Program for
Deve lopment
District No. 1, initially adopted by the Council
on October 28 f 1985 and modified on June 23, 1986, September
28,
1987 and December 14 1987. As defined in Minnesota
Statutes, Section
469.125 Subd. 3, a development program is a
statement of objectives of the City for improvement of a
development district which, contains a complete statement as to
the P ublic facilities to be constructed within the district, the open space to be created, the environmental controls to be
3
33
applied, the proposed reuse of private property and the
PP P P
proposed operations of the district after the capital
improvements within the district have been completed.
" Economic Development District means a type of tax
increment financing district which consists of any project, or
ortions of a roject, not meeting the requirements found in
P P
the definition of redevelopment district or housing d.istr i.ct ,
but which the City finds to be in the public interest because:
(a) It will discourage commerce, industry
or manufacturing from moving their operations
to another state, or
(b) It will result in increased
employment in the municipality; or
(c) It will result in preservation and
enhancement of the tax base of the _
municipality.
" Governing Body means the duly elected City Council as
defined in Minnesota Statutes, Section 469.125, Subd. 80
" Housing District means a type of tax increment
financing district which consists of a project, or a portion
of a project, intended for occupancy, in part, by persons or
families of low and moderate income, as defined in chapter
462A, Title II of the National Housing Act of 1937, as
amended, Title V of the Housing Act of 1949, as amended, any
.other similar present or future federal, state, or municipal
legislation, or the regulations promulgated under any of those
acts, as defined in Minnesota Statutes, Section 469.174, subd.
lie
" Munici al Industrial Development Act means the
statutory provisions of Minnesota Statutes, Sections 469.152
through 469.165, as amended.
" Munici alit " means any.city, however organized as
defined in Minnesota Statutes, Section 469.125, Subd. 2.
"State" means the State of Minnesota.
" Tax Increment Bonds means any general obligation or
revenue tax increment bonds issued and to be issued by the
City to finance the public costs associated with Development
District No. 1 as stated in the Development Program and in the
4
Tax Increment Financing Plan for the Tax Increment Financing
Districts within Development District No. 1. The term "Tax
Increment Bonds" shall also include any obligations issued to
refund the Tax Increment Bonds.
" Tax Increment Financing District means any tax
..increment financing district presently established or to be
established in the future in Development District No. 1.
"Tax Increment Financi Act means the statutory
provisions of Minnesota Statutes, Sections 469.174 through -
469.179, inclusive, as amended.
" Tax Increment Financing Plan means the respective Tax
Increment Financing Plan for each Tax Increment Financing
District located within the Development District.
1.2, Statement of Public Purpose The Council (the
"Council ") in and for the City of Maplewood, Minnesota (the
"City ") has determined that there is a need for housing,
development and redevelopment within the corporate limits of
the City to provide employment opportunities, t o enhance
development opportunities for the private sector, to improve
the tax base and to improve the general economy of the City,
the County of Ramsey and the State of Minnesota. It is found
that there are certain P arcels of property within the
Development District which are potentially more useful,
productive and valuable than is being realized under existing
conditions, is less productive because of the lack of proper
utilization, and, therefore, are not contributing i
to the tax
base of the City to their full potential. In addition, t is
hereby found that there is a need for public improvements to
encourage development.
Therefore, the City has determined to exercise its
authority to develop a program for improving the Development
District of the City to provide impetus for private
development, to maintain and increase employment, to utilize
existing potential and to provide other facilities as are
outlined in the Development Program adopted by the City.
The Council has also determined that the proposed
developments would not occur solely through private investment
in the forseeable future; that the tax increment financing
plans proposed herein are consistent with the Development
Program; and that the tax increment financing plans will
afford maximum opportunity, consistent with the sound needs of
the municipality as a whole, for the development or
5
;s
redevelopment of the Development District by private
enterprise.
The Council finds that the welfare of the City as well as
the State of Minnesota requires active promotion, attraction,
encouragement and development of economically sound industry
and commerce to carry out its stated public purpose
objectives
1.3. Statutory THE DEVELOPMENT DISTRICT ACT.
The Development District Act, authorizes the City, upon -
P
certain public purpose findings by the Council, to establ ish
and designate development districts within the City and to
establish, P develo and administer development programs in
regard thereto, all for the purpose of creating funding for
the financing of necessary activities and improvements within
the City.
In accordance with the purposes set forth in Section
469.124 of the Development District Act, the Council hereby
establishes Development District No. 1, as described in
Exhibit A, for the purposes of enhancing the environment in
which existing businesses are located, thus helping to secure
their continued existence and potential additional development
within the City, and promoting new and on -going development in
Development District No. 1, both of which will provide
employment opportunities,, improve the tax base of the City and
contribute positively to the economy of the State.
THE TAX INCREMENT FINANCING ACT, The Tax Increment
Financing Act, provides the procedure for the establishment of
tax increment districts for the use of tax increment financing
authorized by the Development District Act for the funding of
qualified public activities and improvements.
Within the Development District, the City plans to
establish three housing districts as the types of tax
increment financing district described in Section 469.174,
Subd. 11 for Housing District No. 1 -1, Housing District
No. 1 -2 and Housing District No. 1 -3 and plans to establish
two economic development districts as the types of tax
increment financing district described in Section 469.174,
Subd. 12 for Economic Development District No. 1 -1 and
Economic Development District No. 1 -2.
1.4 Statement of Need The Development District is
established by the City of Maplewood for the purpose of
promoting the redevelopment of existing commercial areas and
6
3G
the. development of new business opportunities within the
community. The City has found that the area.within the
Development District has not realized its greatest development
potential due to a variety of factors. Included in the
development barriers identified by the City are: inadequate
public improvements, improper land use and utilization, and
lack of investment. The City has found that the creation of
the Development District and the utilization of tax increment
financing is needed to remove these barriers and to promote
development of the community. -
1.5 Statement of Objectives The Council determines
w wwwww.r.
that it is necessary, desireable and in the public interest to
establish the Development District in the City, pursuant to
the authority of the Development District Act. The Council
finds that the creation of the Development District is
necessary to give the City the ability to meet certain public
.purpose objectives that would not be otherwise obtainable in
the foreseeable future without intervention by the City in the _
normal development process.
The City intends to satisfy the following objectives
through the implementation of the Development Program:
(a) To provide safe, decent, sanitary
housing for all residents of the city and in
particular low and moderate income residents.
(b) To provide an adequate housing
supply for all residents at a cost they can
afford.
(c) To provide housing choices for low
and moderate income residents who find
housing opportunities are not available to
them because of economic conditions.
(d) To provide project activities
which will assist in making possible the
construction of a planned apartment for low
and moderate income residents, as well, as
improving health, welfare and convenience of
citizens residing in the Development
District.
(e) Provide for the financing and
construction of public improvements in the
Development District, necessary for the
Vi
( 0-7
orderly and beneficial development of the
Development District and adjacent areas of
the City.
(f) Promote and secure the prompt
development of certain property in the
Development District, which property is not
now in productive use or in its highest and
best use, in a manner consistent with the _
City's Comprehensive Plan and with a minimum
adverse impact on the environment, and
thereby promote and secure the development
of other land in the City.
(g) Promote and secure additional
employment opportunities within the
Development District and the City for
residents of the City and the surrounding
area, thereby improving living standards,
reducing unemployment and the loss of
skilled and unskilled labor and other human
resources in the City.
(h) Secure the increase of property
subject to taxation by the City, Independent
School Districts Nos. 622 and 624, Ramsey
County, and other taxing jurisdictions in
order to better enable such entities to pay
for,,governmental services and programs
required to be provided by them.
(i.) Promote the concentration of new
desirable residential, commercial, office,
restaurant, and other appropriate
development in the Development District so
as to maintain the area in a manner
compatible with its accessibility and
prominence in the City.
(j) Encourage local business
expansion, improvement and development,
whenever possible.
(k) Create a desirable and unique
character within the Development District
through quality land use alternatives and
design quality in new and remodeled
buildings.
. 8
C
(1} Encourage and provide maximum
oppor for private redevelopment of
.existing areas and structures which are
compatible with the Development Program.
1.6 Boundaries of Development District The area within
the Development District is set forth in Exhibit _
1.7 Development Activities Development activities
within the Development District must be financially feasible,
marketable and be compatible with long -range development
st rategies of the City. The following recommendat ions
represent the options that satisfy community development
objectives for the Development District while taking advantage
of opportunities which are currently available. The City will
perform all. project activities pursuant to the statute and in
doing so, anticipates that the following may, but are not
required to be undertaken: _
(a) The making of studies, planning, and
informal activities relating to the Development
Program.
.(b) The implementation and adminis-
tration of the Development Program.
(c) The construction or reconstruction
of streets, sidewalks, utilities, and other
public improvements including but not
limited to:
(i) the construction of street,
water and sewer improvements on
Southlawn Drive from Beam Avenue to
County Road D;
(ii) the construction of street,
water and sewer improvements on
McKnight Road from Highway 36 to Conway
Avenue;
(iii) the construction of a water
tower on Stillwater Road east of
Sterling;
(iv) the construction of water
main on Hudson place;
9
3 �
(v) the installation of traffic
lights at Hazelwood Avenue and
Southlawn Avenue on Beam Avenue.
(vi) acquisition of land and
improvement of Hazelwood Park located
at County Road C east of Hazelwood
Avenue;
(vii) improvement of Playcrest
Park located at Lydia Avenue and
McKnight Road;
(viii) acquisition and expansion
of Harvest Park located at Hazelwood
Avenue south of County Road C and North
of Highway 36;
(ix) the construction of water,
street, sanitary sewer and storm sewer
improvements within an area North of
Beam Avenue, South of the Northern City
limit, East of Highway 61 and West of
White Bear Avenue;
(x) acquisition of the
abandoned Burlington Northern railroad
right of way running from Larpenteur
Street to Highway 694
(xi) acquisition of the land
that the Cottages of Maplewood will be
developed on and the payment of certain
site improvements for the Cottages of
Maplewood project.
(d) The acquisition of property
consistent with the objectives of the
Development Program.
(e) The preparation of property for
use including demolition of structures,
clearance.of sites, placement of fill, and
installation of utilities.
(f) The resale of property to
developers.
10
�c
(g) The provision of relocation
assistance to businesses and homeowners as
may be required . by this Development Program.
(h) The issuance of Tax Increment
Bonds to finance public costs of the
Development Program or to evidence the
City's_obligation to reimburse developers
for all or part of the public costs of the -
Development Program incurred or to be -
incurred by it pursuant to a Development
Agreement.
(i) The use of tax increments derived
from a Tax Increment Financing District
within the Development District to pay debt
low service on Tax Increment Bonds or otherwise
pay the public cost of the Development
Program.
1.8 Payment of Public Cost It is anticipated that the
public cost of the Development Program will be paid primarily
from the tax increments to be derived from the Development
District, either directly or indirectly by payment of project
eli 9 expenses, ible ex b reimbursement of Developers for items of
Y
public cost paid directly by developers, or by some
combination of these methods. The City reserves the right to
utilize special assessments, general property taxes, utility
revenues, and other sources of revenue which the Clay may
apply to pay the public cost.
1.9. Environmental Controls The proposed Tax Increment
Financing Districts within the Development District do not
present significant environmental concerns. All municipal
actions, public improvements and private development shall be
carried out in a manner consistent with existing environmental
standards.
1.14 Park and Open Space to be Created Park and open
space within the Development District No. 1 will be created in
P
accordance with the zoning and platting ordinances of the
City. The City may undertake the following park improvements:
(a) the acquisition of land and improvement of
Hazelwood Park located at County Road C east of Hazelwood
Avenue;
11
Lql)
t ... .e. . - T. -
(b) the. improvement of Playcrest Park located at
Lydia Avenue and McKnight Road.
(c). the acquisition and expansion of Harvest Park
located at Hazelwood Avenue south of County Road C and
North of Highway 360 _
Pro osed Reuse of Pro ert The Development
1.11 p _
Program does not contemplate the acquisition of private
until such time as a private developer presents an
economically feasible program for property the reuse of that property*
,
pro osals in order to be considered, must be within the
proposals,
framework of the above cited goals and objectives, and must
demonstrate feasibility as a public program. Prior to
clearly Y
formal - consideration of the acquisition of any property, the
Cit Y Council will require a binding contract, performance bond
and /or other evidence or guarantees that a supporting tax
increment or other funds will be available to repay the public
cost associated with the proposed acquisition. It shall be
the i City of the Cit to negotiate the acquisition of
property whenever necessary. Appropriate restrictions
P P erY
re arding the reuse and redevelopment of property shall be
incorporated into any land sale contract to which the City is
a part.
1.12. Administration and Maintenance of Develo ment
District. Maintenance and operation of the public
improvements will be the responsibility of the City Manager
who shall serve as administrator of the Development District.
The administrator will administer the Development
District pursuant to the provisions of Section 469.131 of the
Development District Act; provided, however, that such powers
may only e exercised at the direction of the Council. No
action taken by the administrator pursuant to the above -
mentioned P owers shall be effective without authorization by
the Council.
1.13. Rehabilitation Owners of properties within the
D o
e ve fnent District will be encouraged to rehabilitate their
1 p
properties erties to conform with the applicable state and local
codes and ordinances, as as any design standards. Owners
of ro erties who purchase property within the Development
District from the City may be required p p to rehabilitate their
properties as condition of sale of land. The City will
• assistance be available
provide such rehabilitation assist as may
from federal, state or local sources.
12
1.14. Relocation No person will be displaced and have
to be relocated as a result of the Development Program, The.
City accepts its responsibility for providing for relocation
_pursuant to Section 469.133 of the Development District Act.
1.15. Amendments The City reserves the right to alter
and amend the Development Program and the tax increment
financing plans, subject to the provisions of state law -
regulating such action. The City specifically reserves the
right to change the s ize of the Development District and the _
Tax Increment Financing Distr the public cost of the
Development Program and the amount of Tax Increment Bonds to
be issued to f inance such. cost by following. the procedures
specified in Minnesota Statutes, Section 469.175, Subd. 4.
13
�3,
SECTION II
TAX INCREMENT FINANCING PLAN FOR
ECONOMIC DEVELOPMENT DISTRICT NO. 1 -1
HOUSING DISTRICT NO. 1 -1
HOUSING DISTRICT NO. 1 -2 _
[Adopted October 28, 19851
[Modified June 23, 19861
2.1 Statement of Objectives
See Section I, Subsection 1.5, Development Program for
Development District No. 1.
2.2 Development Program -
- = See Section I, Subsection 1.3, Development Program for
Development District No. 1.
2.3 Parcels to be Included in Tax Increment Financing
District.
ECONOMIC DEVELOPMENT DISTRICT NO. 1 -1
Economic Development District No. 1 -1 is made up of
certain parcels located within Development District No, 1,
The specific parcels contained in the Tax Increment District
P
are described in Exhibit B.
HOUSING DISTRICT NO. 1 -1
Housing District No. 1 -1. is made up of certain parcels
located within Development District No, 1. The specific
parcels contained in.Housing District No* 1-1 are described in
Exhibit C.
HOUSING DISTRICT NO. 1 -2
Housing District No. 1 -2 is made up of certain parcels
located within Development District No. 1. The specific
parcels contained in Housing District No. 1 -2 are described in
Exhibit D.
2.4 Parcels to be Acquired
At this time the City does not intend to acquire and
reconvey any parcels to specific developers of property within
14
YY 1
the City. The City intends to acquire rights of way in
connection with the construction of certain public.
improvements within the Development District. The City
intends to acquire two parcels of land if it undertakes the
expansion of Hazelwood Park. These parcels are described as
, follows*
The Fee. Owners of the north parcel are Bruce M.
Mogren, Eugene F. Arndt, et al.
Legal description: That part of the West 408.8
feet of the El of the SE -1/4 of Section 3,
Township 29, Range 22, Ramsey Co., Minn. lying
North of the South 1,243-00 feet of said El of
the SE -1/4 and South of the North 912.00 feet of
said El of SE -1/4, according to the U.S. Govt.
Survey thereof.
Size: 4.11 acres.
Fee Owners of the south-property are Lawrence S.
Dotte and Donald A. Krinz, Trustees of the profit
sharing trust of the.Donlar Corp. and Contract
Purchaser Eugene F. Arndt.
Legal description: The North 400 feet of the
South 1,243 feet of the West 408 feet of the
SE -1/4, of the SE -1/4, Section 3, Township 29,
Range 22 a
and
The Nor 200 feet of the South 1,043 feet of the
East 510 feet of the West 558 feet of the SW -1/4
of the SE -1/4, of Section 2, Township 29, Range
22, except the North 30 feet of the East 100 feet
of the West 408 feet thereof, all in Ramsey Co.,
Minn. Size: 4.06 acres.
2.5 Development Activity in Development District No. 1
for which Contracts Have Been Signed
(a) Zantigo Restaurant on County Road is being
developed by Zantigo Mexican Restaurants, Inca on County
Road D, West of White Bear Avenue. The contractor is
William Kranz Construction and the cost of the project is
$260,Q00.
15
q�'
.(b) Maple Ridge Square Shopping Center is being
developed by Curt Johnson and Joe Weis - Weis Builders,
Inc. at the intersection of Gervais Avenue and White Bear
Avenue. The contractor is Weis Builders and the cost of
the project is $2,318,383.
(c) Maple Ridge Apartments is being developed by
.Podawiltz Development Company on County.Road D, west of
White Bear Avenue. The contractor is Avon Lumber
Company,, Inc. and the cost of the project is $2,800,000.
(d) Maple Ridge Estate Apartments is being
developed by Maple Ridge Development Corporation at the
intersection of Stillwater Road and Stillwater Avenue.
The contractor is Steve Haight Construction and the cost
of the project is $3,999 000.
2.6 Other Specific Development Exp ected to Occur Within
Development District No. 1
(a) the construction of Century Ridge Apartments on
Century Avenue south of Battle Creek;
(b) the construction of Hazel Ridge Apartments at
the intersection of Hazelwood Avenue and County Road C;
(c) the construction of Beaver Creek Apartments at
the intersection of Ferndale and Ivy Street;
(d) an expansion of Maplewood Mall
(e) the rehabilitation and renovation of Keller
Lake Shopping Center.
It is anticipated that the above projects will be
started within one year.
2.7 Estimated Cost of Project Costs and Supportive Data
The estimated costs of certain of the public
improvements and park improvements set forth in the
Development Program to be made within Development District No.
1 and financed by tax increments to be derived from Economic
Development District No. 1 -1 Housing District No. 1 -1 and
Housing District No. 1 -2 within Development District No. 1 are
$2,188,870.
16
PUBLIC IMPROVEMENTS &
PARK IMPROVEMENTS (Section 1.7(c)(i)
through (viii)) $2,188,870.00
LEGAL FEES, PLANNING FEES,
COSTS OF ISSUANCE & CONTINGENCY $ 33,644.35
BOND DISCOUNT $ 47,310.00
INTEREST ON BONDS PRIOR TO RECEIPT
OF TAX INCREMENT TO FULLY FUND
PRINCIPAL AND INTEREST $ 236,511.79
LESS INTEREST AND INCOME DURING
CAPITALIZED INTEREST PERIOD
EARNED AT 6°s ($ 16,336914)
low TOTAL AMOUNTS OF BONDS
TO BE SOLD $2,490,000.00 _
SUPPORTIVE DATA FOR ESTIMATED COSTS OF IMPROVEMENTS
OR DEVELOPMENT DISTRICT UNDER DEVELOPMENT PROGRAM
ITEM BASIS FOR.ESTIMATE
PUBLIC IMPROVEMENTS Estimates by City Staff
PROFESSIONAL SERVICES Estimates of Project Costs for legal
assistance, bond issuance costs,
planning provided by Miller &
Schroeder Financial, Inc.
INTEREST ON BONDS PRIOR The,amount of capitalized interest
TO RECEIPT OF TAX INCRE- will be equal to an amount suf-
MENT TO FULLY FUND ficient to pay interest on the
PRINCIPAL AND INTEREST Tax Increment Bonds from the date of
issue until the date of collection of
sufficient tax increments to meet
scheduled interest payments when due,
but not exceeding 3 years as required
by Minnesota Statutes, Chapter 475.
Predicting capitalized interest prior
to issuance is extremely difficult as
it is a function of interest rates,
construction schedules and tax
timing; therefore, the above figure
is only an estimate of capitalized
interest and is subject to change.
17
Cat 7D
HOUSING DISTRICT NO. 1 -2
The original assessed value of all taxable property
in the Housing District No. l -2 as most recently certified by
the Commissioner of Revenue of the State of Minnesota, being
the certification made in 1985 with respect to the Assessed.
value of such property as of January 2, 1985,.for taxes
payable in 1986 is estimated to be $37,440.
2.11 Estimated Captured Assessed Value
Each year the County Auditor will measure the amount.
of increase or decrease in the total assessed value of
Economic Development District No. 1 -1, Housing District No.
1 -1 and Housing District No. 1 -2 to calculate the tax
increment payable to the City of Maplewood. In year in
which there is an increase in total assessed valuation in
Economic Development District No. 1 - 1, Housing District No.
1 -1 and Housing District No. 1 -2 above the original assessed
value, a tax increment will be payable. In any year in which
the total assessed valuation in Economic Development District
No. 1 -1, Housing District No. 1 -1 and Housing District No. 1 -2
declines below the original assessed valuation, no assessed
valuation will be captured and no tax increment will be
.payable.
The County Auditor shall certify in each year after
the date the original assessed value was certified, the amount
the original assessed 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 stipulations, adjustments,
negotiated or court- ordered abatements.
ECONOMIC DEVELOPMENT DISTRICT NO. 1 - 1
Upon completion of the development expected to occur
within Economic Development District No. 1 -1 the City
estimates the assessed value of the Property within Economic
Development District No. 1-1 to be $1,822,566.
19
��l
The captured assessed value upon completion is
expected to annually approximate $1,233,838.73. This amount
will be captured for up to 8 years or until the Tax Increment
Bonds are.retired. The city requests 72.8339% of the
available increase in assessed value from Economic Development
District No. 1 -1 for repayment of Tax Increment Bonds and
current expenditures authorized by this Tax Increment
Financing Plan (the balance of the increase being used to pay
the fiscal disparities contribution of Economic Development
District No. 1 -1.).
HOUSING DISTRICT N0. 1 -1
Upon completion of the development expected to occur
within Housing District No.. 1 -1 the City estimates the
assessed value of the property within Housing District No. 1 -1
to be $794,750.
The captured assessed value upon completion is
expected to annually approximate $791,590. This amount will
be captured for up to 25 years or until the Tax Increment
Bonds are retired. The City requests 100% of the available
increase in assessed value from Housing District No. 1 -1 for
repayment of Tax Increment Bonds and current expenditures
authorized by this Tax Increment Financing Plan.
HOUSING DISTRICT NO. 1 -2
Upon completion of the development expected. to occur
within Housing District No.'1 -2 the City estimates the
assessed value of the property within.Housing District No. 1 -2
to be $1,300,500.
The captured assessed value upon completion is
expected to annually approximate $1,263,060. This amount will
be captured for up to 25 years or until the Tax Increment
Bonds are retired. The.City requests 100% of the available
increase in assessed value from Housing District No. 1 -2 for -
repayment of Tax Increment Bonds and current expenditures
authorized by this Tax Increment Financing Plan.
2.12 Type of Tax Increment Financing District
ECONOMIC DEVELOPMENT DISTRICT N0. 1 -1
Pursuant to Section 469.174, Subd. 12 of the Act,
the City finds that Economic Development District No. 1 -1
qualifies as an "economic development district ":_
20
So
1. Economic Development District No. 1 -1 does not
meet the requirements to qualify as either a housing or a
redevelopment district.
2. The creation of Economic Development District '
No. 1 -1 is in the public interest because it will
preserve and enhance the tax base of the City and it will
result in increased employment within the City.
HOUSING DISTRICT NO. 1 -1:
and
HOUSING DISTRICT NO. 1 -2:
Pursuant to Section 469.174, Subd. ll of the Act,
the City finds that Housing District No. 1 -1 and Housing
District No. 1 -2 each qualify as a "housing district" because
a portion of each project is intended for occupancy, in part,
by persons of low and moderate income as defined in Minnesota _
Statutes,.Chapter 462A, Title II of the National Housing Act
of 1934, the National Housing Act of 1959, the United States
Housing Act of 1937, as amended, Title V of the Housing Act of
1949, as amended, any other similar present or future federal,
state, or municipal legislation, or the regulations
promulgated under any of those acts.
2.13 Duration of Tax Increment Financing Districts
ECONOMIC DEVELOPMENT DISTRICT NO. 1 -10
The Act allows "economic development districts" to
remain in existence for period of 8 years from the receipt
of the first tax increment or 10 years from the approval of
the tax increment financing plan, whichever is less. Based on
these limitations it is anticipated that Economic Development
District No. 1 -1 will remain in effect until eight years from
the receipt of the first tax increment.
HOUSING DISTRICT NO. 1 -1:
and
HOUSING DISTRICT NO. 1 -2:
The Act allows "housing districts" to remain in
existence for a period of 25 years from the receipt of the
first tax increment. Based on this limitation it is
anticipated that Housing District No. 1 -1 and Housing District
No. 1 -2 will remain in effect until June, 2012.
21
SI
2.14 Estimated ,Impact of Tax Increment Financing
ECONOMIC DEVELOPMENT DISTRICT NO 1 -1
The estimated impact of Economic Development
District No. .1 -1 on the other taxing jurisdictionswithin -
Economic Development District No. 1 -1 is set forth on Table
L.
HOUSING DISTRICT NO. 1 4WD 1 '
The estimated impact of Housing District No. 171 on
the other taxing jurisdictions within Housing District No. 1 -1
is set forth on Table II.
HOUSING DISTRICT NO. 1 -2
The estimated impact of Housing District No. 1 -2 on
the other taxing jurisdictions within Housing District No. 1 -2
is set forth on Table III.
2.15 Cash Flow Analysis See Table IV.
22
FIT=
. ,Tl!1.• r-eJ err -^1^- -_ .. ., .v.. .. .ro't t". ..... ?M .. •fPP3 .ve+nf!, w+.w.�e:!K•iew .. .'R
^..•.n•..[n41avL+S!^IS:s!t ^ i4!Ge;.'T.^'1: }bm i ^tC�l .. .. __- •N`,- ��*°:`;:'!^^'I'^. - "'."'_" ".i'�. _- _ _... `^f .... . 1. _ ._.. . . . _ - ... __ . . - ... ... _ _..... -..__. . .. _. .. ""'nRL` m}1:tM4•MVn+zMilMk+,
- �-------- �-- -,...I�t- ----- .......IC�}«Z��1� '°�.'��� *�'�"I"�.:.��T_^3^rT"_., -�17 �f ....Ai'_•N.._l�"_re >.3��. _..._. __. ...._.._- ._.^.........�_. .__ .,. ...__..,,.,._�
ECONIMIC DEVELOPMENT DISTRI NO. : -1
DEVELOPMENT DISTRICT IMPACT ON 'TAX BASE:
.
to
r
M
H
h
W
DEVELOPMENT DISTRICT IMPACT ON MILL RATES:
POTENTIAL
JUR ISDICTION
CURRENT MILL RATE TAXES GENERATED
_ +.
C OUNTY OF RAMSEY 31.867. 50
CITY 0 p
F Maplewood 17.747 32
OTHER t 1 6.310 119500
�
SCHOOL
DISTRICT # 622 59.453 108
1. Other taxing jurisdictions include:
O RIGINAL D
DISTRICT AS F
FUTURE D
DISTRICT AS
ASSLSSED P
PERCENT OF A
ASSESSED P
PERCENT OF
JURISDICTION
TAX BASE V
VALUE J
JURISDICTION V
VALUE J
JURISDICTION
COUNTY OF RAMSEY 3
3, 200, 409 8 041 2
278
.0087% �y � 1
1
905692
• 4
4 50 2
278 560 .
.1059% 1
1 .
.6926%
SCHOOL DISTRICT 1622 3
376 434 , 995 2
278, 560
.0740% 1
1, 822, 566 >
>4842%
to
r
M
H
h
W
DEVELOPMENT DISTRICT IMPACT ON MILL RATES:
POTENTIAL
JUR ISDICTION
CURRENT MILL RATE TAXES GENERATED
_ +.
C OUNTY OF RAMSEY 31.867. 50
CITY 0 p
F Maplewood 17.747 32
OTHER t 1 6.310 119500
�
SCHOOL
DISTRICT # 622 59.453 108
1. Other taxing jurisdictions include:
«. .- .-.... �- ....- ...... -.... A:a. .. ...- r -�?+ -. - ..o.�- ..- ..w- -.. . .. ............_,... -n ..e.,._� -n... ........n- .: n... .. .� ..�.........�._..,._... .. -. «.. .._..... ..._..:_, r,:. .... ... .. r.....:.. . ...... Y ym+ro+
.._ .. —. _ .. ._.._.._t.- -..._. ...-'-- - - -- -- - -- -- ---' -` --- _.•-` - - - -� :._.__:'�._.�.7_:.. _..1 h_ ?i? 3.___'" L. � �1,__. 9t__ �_.. �__. �... u._ �:_ .:�","H�*?.^��.— .__..__�__._._ .: ,....� ._..,.y..:�.. ; _ . "TM'.'t!";S"' ^*. war+_ r���:» u,., w�..�a.�- �:w.�*, ��.= .^L�.�.._ .. - a..
• HOUSING DISTRICT NO. 1--1
DEVELOPMENT DISTR IMPACT ON TAX BASE
DEVELOPMENT DISTRICT IMPACT ON MILL RATES:
-
POTENTI
J URISDICTION CURRENT MILL RATE TAXES GENERATED
COUNTY OF RAMSEY 31.867 25
CITY OF Maplewood 17.747 14,104
OTHER (1) - 6.310 5
SCHOOL DISTRICT STRICT # 624 59.453 47
to
r
rh
1. Other taxing jurisdictions include:
ORIGINAL
DISTRICT AS
FUTURE
DISTRICT AS
ASSESSED
PERCENT.OF
ASSESSED
PERCENT OF
JURISDICTION
TAX RASE
VALUE
JURISDICTION
VALUE
JURISDICTION
COUNTY OF RAMSEY
3
3
00001%
794
*0247%
CITY OF MA PLC D
263 146,550
3
.0012%
794
.3020%
SCHOOL DISTRICT # 624
4 7
227, 7 6,1 1
3 160
.0014x
794
.3490x
DEVELOPMENT DISTRICT IMPACT ON MILL RATES:
-
POTENTI
J URISDICTION CURRENT MILL RATE TAXES GENERATED
COUNTY OF RAMSEY 31.867 25
CITY OF Maplewood 17.747 14,104
OTHER (1) - 6.310 5
SCHOOL DISTRICT STRICT # 624 59.453 47
to
r
rh
1. Other taxing jurisdictions include:
HOUSING DISTRICT NO. 1 -2
DEVELOPMENT DI STRICT IMPACT ON TAX BASE
t vN ow. .'s wfta oft Ar w...iftTn1n vun aeom nN UT T_T. RATF.C%
POTENTIAL
JURISDICTION
CURRENT MILL RATE TAXES . GENERATED
COUNTY OF RAMSEY
31.8.67 41.,443
CITY OF Maplewood 17.747 239080
OTHER (1)
6.310 89206
_622 59.
SCHOOL DISTRICT 453 779319
0
1. Other taxing jurisdictions include:
;10
to
P
H
ORIGINAL
DISTRICT AS
FUTURE
DISTRICT AS
ASSL•SSED
PERCENT OF
ASSESSED
PERCENT OF
JURISDICTION
TAX BASE
VALUE.-
JURISDICTION
VALUE
JURISDICTION
COUNTY OF RAMSEY
3220, 409 041
37,440
.0012%
.0404%
CITY OF Maplewood
263,146, 55 0
37 440
.0142%
1,300
94942%
SCHOOL DISTRICT 1 b22
376, 434 , 995
4
37.4 0
00099%
1
.3455%
t vN ow. .'s wfta oft Ar w...iftTn1n vun aeom nN UT T_T. RATF.C%
POTENTIAL
JURISDICTION
CURRENT MILL RATE TAXES . GENERATED
COUNTY OF RAMSEY
31.8.67 41.,443
CITY OF Maplewood 17.747 239080
OTHER (1)
6.310 89206
_622 59.
SCHOOL DISTRICT 453 779319
0
1. Other taxing jurisdictions include:
;10
to
P
H
MV
Op
dw
Ow
;reparea sy K i :er S Schr•oecer Financ 6/13/85
:.... s .: i , Ow
f !fG
f.
. ..
4..
-
_
10i, 1 no 1-
-
Economic c 1 1
Total
Revenue
Caal t i ted
Interest
Pr inc ipal
COtl
Interest
Total
Dent Sery i c
C usu l at i ve
8a: an"
Coverage
Factor
ceae
Nevenue
R e ve nue
eve
mo using n
9
• J
�. N
•
162, 885.10
l 62, 8e5. �
162, 885._ N
0. It1
.: •
5.•3.3 3
s4 724.
"23q533.53
89, 258.21
- 361.964.18
73 626. 79
185, 118 N
5.120%
162, 865.01
158 266.10
�
162, 885. ti
343, 260.10
t• ai
17, 714.78
1 O
�b�
.
9 : , � T4.56
+ ' •
9., •l .56
i • �. 95E. 69
. 5 9 x. �9
.
1
3:5
198, 806.86
5.25j%
1489641956
338, 64 7.50
37, 513,53
1 66x
..?�
• - •
14519%, E
; 6, 35.15
c • -
355, 737.10
280, 0 ea. e1
2 a e�a,�.1a
i
5.581%
6. M
138,160.16
126 3W. J a
338,161.
336, 361.1+1
55,091.53
71, 519- 87
105%
1 �s%
56
• • 9�f.. 69
� 5,
• .
.:.►. .358.89
112, i 62.1c
352,189.34
349.554.1)
221, 8�D8.80
6.288%
113, 246988
333, 241. N
87, 8)3.91
195%
• :♦
• • _
• �5 '35E. 69
i 18.699.15
3.6.13x. 4a .
2036.800.00
.6, 414%
94 Nu.. as
329, SGO. N
323, N
16•, 9
123,661.:2
165%
11,66%
. ? �.
9., • ta. 56
1 �... 9_.. 69
194 944,503
4� 75.18
3 ,., 3
246, 8Q8. 69
155 a66• as
6.780%
70 6M
83, 666.10
71,
661.
225 N
135, 896.37
:15%
• . :
. 9 -
+
9. 474
:•5 q%. 69
• •� 9.,r �' E9
237, 43 1.25
:31 g 431.28
165, Of*, es
7.2 86%
58, 830.19
223, 836. t6
149, 497.62
166%
..
•
.56
14
..
.
; = y`�b. E9
1 9
,?3), ; 31. 25
1 66, 840.10
79400%
46, 230.11
226, 231,01
166, 698.87
165%
. �.
4
9 . 1 4 1 . _�6
i� , b9
1 5.5.,6
231, 4 31.25
,2
195 Q�Q�B. as
7. bQ8%
7.768%
32, 160.80
1E,665099
227,161.18
561
226,66.
171, 971.12
l 81 736, 37
,
:15%
165%
210
.10 .
9 :,��•.�6
�
9 • 1• , , r6
JA`,95b.E3
1 45 ,956,69
c37,43i.25
237, t31. c5
211,666.18
1 i 1, 018.10
7.86 8x
4
114 N
3N, 8)).62
218%
40 ONO Mww� M-0
11... .
^ 7 . ;J
1 ,8� ,ti36
d58 � 753. 'S
3,979,o33 893
236, 511979
2, 491, 811.00
1 5c7.5�1
3 911, 527.56
364 877.62
sr_s:ssssssss
sssssssss::ss ssssss =:ss:s=
szsssssr_s:ss
sssssssss =sss
ssssssassssss
ssssssrs
sssssssssssss ssssssssssarrs
ssssssssssss
ssssssssssss
i.:•.. Gf the coverage `actor wooef riot lnc.Jde
, m ortit earned
on t oa: arid.
;reparea sy K i :er S Schr•oecer Financ 6/13/85
2.16 Use_ of Tax Increment
The City hereby determines that it will use . 100% of
.the captured assessed value of taxable property[ located in
Economic Development District No. 1 -1, Housing District No.
1-1 and Housing District No. 1 -2 and 100% of the tax
increments to be derived from the Economic Development
District No. 1 -1. The tax increments derived from Economic
.Development District No. 1--1, Housing District No. 1 -1 and
Housing District No. 1 -2 shall be used for the following
activities:
1. To pay.principal and interest on the Tax
Increment Bonds.
2. To finance or otherwise pay the capital and
administrative costs of Development District No. 1.
3. To finance or otherwise pay premiums for -
insurance or other security guaranteeing the payment when
due of principal and interest on bonds issued pursuant to
Minnesota Statutes, Chapters 4.62C, 469, or both.
4. To accumulate or maintain a reserve securing the
payment when due of the principal and interest on the
bonds issued pursuant to Minnesota Statutes, Chapters
462C, 469, or both.
5. To finance project costs described in this Tax
Increment Financing Plan.
6. To finance other purposes as may be allowed by
the Act.
These revenues shall not be used to circumvent levy
limitations applicable to the City nor for other purposes
prohibited by Section 469.176, Subd. 4 of the Act.
2.17 Prior Planned Improvements
The City shall, after due and diligent search,
accompany its request for certification_ to the County Auditor
or its notice of district enlargement with a listing of all
properties wthin Economic Development District No. 1 -1,
Housing District No. 1 -1 and Housing District No. 1 -2 for
which building permits have been issued during the eighteen
(18) months immediately preceding approval of the Tax
Increment Financing Plan by the City. The County Auditor
23
'7
shall increase the original assessed value of Economic
Development District No. 1 -1, Housing District No. 1 -1 or
Housing District No. 1 -2, as the case may be, by the assessed
value of the improvements for which the building permit
issued, excluding the assessed value of improvements for which
a building permit was issued during the three (3) month period
immediately preceding said approval of the Tax Increment
Financing Plan as certified by the assessor.
2.18 Limitation on_Qualification of Tax Increment
Development on a parcel located within the Economic
Development District No. 1 -1, Housing District No. 1 -1 and
Housing District No. 1 -2 by the.City or by the owner of the
Parcel in accordance with this Tax Increment Financing Plan
shall occur within four, ( 4 ) years of the date of certification
of the original assessed value. 'For the purposes of this'
section the term "development shall mean including
demolition, rehabilitation, or renovation of property, or _
other site preparation, including improvement of a street
adjacent to the parcel. Development shall not include the
installation of utility service including sewer and water
systems. If development has not commenced within this period
no additional increment shall be taken from that parcel and
the original assessed value of that parcel shall be excluded
from the original assessed value of Economic Development
District No. 1 -1, Housing District No. 1 -1, or Housing
District No. 1 -2, as the case may be. If the City or the
owner of the parcel subsequently commences development, the
City shall certify the assessed value thereof as most recently
certified by the Commissioner of Revenue and add it to the
original assessed value of the affected Tax Increment
Financing District.
2.19 Modifications of Tax Increment Financing Districts
In accordance with Minnesota Statutes, Section
469.175, Subd. 4, any reduction or enlargement of the
geographic area of Development District No. 1 or Tax Increment
Financing Districts within Development District No. 1,
increase in amount of bonded indebtedness to be incurred,
including a determination or capitalize interest on debt if
that determination was not a part of the original tax
increment financing plan, or to increase or decrease the
amount of interest on the debt to be capitalized, increase in
the portion of the captured assessed value to be retained by
the City, increase in total estimated tax increment
expenditures.or designation of additional property to be
24
acquired by the. authority shall be approved upon the notice
and after the discussion, public hearing and findings required
.for approval of the original plan. The geographic area of a
Tax Increment Financing District may be reduced, but shall not
be enlarged after- five years following the date of
. certification of the original assessed value by the county
auditor. Economic Development District No. 1 -1, Housing
District No. 1 -1 and Housing District No. 1 -2 districts may
therefore be expanded until 1990.
2.20 Limitation on Administrative Expenses
In accordance with Minnesota Statutes, Section
469.174, Subd. 14 and Minnesota Statutes, Section 469.176,
Subd. .3, administrative expenses means all expenditures of an
authority other than amounts paid for the purchase of land or
- amounts paid to contractors or others providing materials and
services* including architectural and engineering services,
directly connected with the physical development of the real
property in the district, relocation benefits paid to or
services provided for persons residing or businesses located
in the district or amounts used to pay interest on, fund a
reserve for, or sell at a discount bonds issued pursuant to
Section 469.178. Administrative expenses includes amounts
paid services provided by bond counsel, fiscal
consultants, and planning or economic development consultants.
No tax increment shall be used to pay any administrative
expenses for a project which exceed ten percent of the total
tax increment expenditures authorized by the tax increment
financing plan or the total tax increment expenditures for the
project, whichever is less.
2.21 Limitation on Duration of Tax Increment
Financing Districts
Pursuant to Minnesota Statutes, Section 469.176,
Subd. 1, "no tax increment shall be paid to an authority three
years from the date of certification by the County Auditor
unless within the three -year period (1) bonds have been issued
pursuant to Section 469.178 or in aid of a project pursuant to
any other law, except revenue bonds issued pursuant to
:Sections 469.152 through 469.165, prior to the effective date
of the Act; or (2) the authority has acquired property within
the district; or (3) the authority has constructed or caused
to be constructed public improvemewnts within the district..."
The City must therefore issue bonds, or acquire property, or
construct or cause public improvements to be constructed by
1988 or the County Auditor may dissolve the applicable Tax
Increment Financing District.
25
(: s
2.22 Limitation on Qualification of Prop erty in Tax
Increment Fi.nancin Distr Not Subject to Iml2rovement
Pursuant to Minnesota Statutes, Section 469.176
Subd. 6, "if, after four years from the date of certif ication
of the original assessed value of the tax increment financing
district... no demolition, rehabilitation or renovation of
parcel or other site preparation including imp rovement of a
s treet adjacent P -• •
� ent to a property but not installation of utility
including ncluding sewer or water systems, has been commenced
on a parcel. located within a tax increment financin g district
by the authority or by the owner of the parcel in accordance
with the tax increment financing lan , no additional tax
P
increment may be taken from that parcel and the original
assessed value of that parcel shall be excluded from the
original assessed value of the tax increment financin
district. If the authority or the owner of the parcel
subsequently commences demolition, rehabilitation or -
renovation or other site preparation on that arcel including
g
improvement of a street adjacent to that parcel, in accordance
� p
with the tax increment financing plan, the authority shall
certify to the county auditor in the annual disclosure repor
p t
that the activity has commenced. The .county auditor shall
certify the assessed value thereof as most recently certified
ied
by the commissioner of revenue and add it to the original
assessed value of the tax increment financing district*.
2.23 Excess Tax Increments.
Pursuant to Minnesota Statutes, Section 469.176,
Subd. 2, in any year in which the tax increment exceeds the
amount necessary to pay the costs authorized by the tax
increment plan, including the amount necessary to cancel any
tax levy as provided in Minnesota Statutes, Section 475.61,
Subdivision 3, the City shall use the excess amount to.
1. prepay the outstanding bonds;
2. discharge the pledge of tax increment therefore;
3. pay into an escrow account dedicated to the
payment of such bond;
4. repay any loans including interest on these
loans; or
26
GG
5. return the excess to the County Auditor for
redistribution to the respective tax* jurisdictions ' P g in
proportion to their mill rate.
In addition, the City may choose to modify he financing
_
y ing
plan as described in Part 11 in order to rovide
further public P
p lic improvements within the development district.
2.24 Administration of Tax Increment Financin -
Districts
Administration of Economic Development District No.
1- 1 District No. 1 -2 and Housing istrict No. -
g 1 2
will be handled by the Office of the City Manager.
The tax increment received as a result of increases
in the assessed value of Economic Development District No.
1 -1, Housing District No. 1 -1 and Housing District No. 1-2
will be maintained in a special account separate from om all
other municipal accounts and expended only upon sanctioned
municipal activities identified in the Tax Increment Finance
Plan.
2.25 Annual Disclosure Requirements
Pursuant to Minnesota Statutes, Section 469.175,
Subd. 5, the City must file with the State Auditor on or
before July 1, an annual financial report for all Tax
, P
Increment Financing Districts. The report shall also be filed
with the school board and count y P board, The report shall as
nearly as possible:
1. Provide for full disclosure of the sources and
uses of public funds in each Tax Increment Financing
District;
2. Permit comparison and reconciliation with the
City's accounts and financial reports;
3. Permit auditing of the funds expended on behalf
of each Tax Increment Financing District, including a
single Tax Increment Financing District that is multidistrict art of a
project P
p sect or that is funded in part or whole
through the use of a development account funded with tax
increments from other Tax Increment Financing Districts
or with other public money; and
27
Oar
4. Be consistent with generally accepted accounting
principles.
In addition, the report shall contain the, following
information:
1. The original assessed value of the Tax Increment
Financing District;
2. The captured assessed value of the Tax Increment
Financing District, including the amount of any captured
tured
assessed value shared with other tax districts;
3. The outstanding principal amount of bonds issued
or other loans incurred to finance project-costs in the
Tax Increment Financing District;
" 4. For the reporting period and for the duration p g p ration of
the Tax Increment Financing District, the amount budgeted -
under the Tax Increment Financing Plan, and the actual
amount expended for, at least, the following categories:
A. Acquisition of land and buildings through
condemnation or purchase;
B. Site improvements or preparation costs;
Co Installation of public utilities or other
public improvements; and
D. Administrative costs, including the
allocated cost of the City;
5. For properties sold to developers, the
total cost of the property to the City and the price paid
by the developer;
6. The amount of tax exempt obligations, other
than those reported under clause (3), that were issued on
behalf of private entities for facilities located in the
Tax Increment Financing District.
28
SECTION III
TAX INCREMENT FINANCING PLAN FOR
ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2
[Adopted September 28, 19871 - -
3..1 Statement of Objectives _
See Section I, Subsection 1.5, Development Program ofor
Development District No 1.
3.2 Development Program
See Section I, Subsection 1.3 Development Program for
Development District No. 1. .
A 3.3 Parcels to be Included in Tax Increment Financing
District
ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2
Economic Development District No.. 1 -2 is made up of
certain parcels located within Development District No. 1.
.The specific parcels contained in the Tax Increment District
P
are described in Exhibit E.
3.4 Parcels to be Acquir
In connection with Economic Development District No. 1 -2
the City does not .intend to acquire and reconvey any parcels
to specific developers of property within the City. The City
intends to acquire rights of way in connection with the
construction of certain public improvements within.the
Development District.
3.5 Development Activity in Development District No 1
for which Contracts Have Been Signed
(a) Zantigo Restaurant on County Road is being
developed by Zantigo Mexican Restaurants, Inc. on County
Road D, West of White Bear Avenue. The contractor is
William Kranz Construction and the cost of the project is
$260,000.
(b) Maple Ridge Square Shopping Center is being
developed by Curt Johnson and Joe Weis - Weis Builders,
29
G3
Inc. at the intersection of Gervais Avenue and White Bear
Avenue. The contractor. is Weis Builders and the cost of
the project is $2,318,383.
(c) Maple Ridge Apartments is being developed by
Podawiltz Development Company on County Road D. west of - -
White Bear Avenue. The contractor is Avon Lumber
Company, Inc. and the cost of the project is $2,800,000.
(d) Maple Ridge Estate Apartments is being
developed by Maple Ridge Development Corporation at the -
intersection of Stillwater Road and Stillwater Avenue.
The contractor is Steve Haight Construction and the cost
of the project is $3,999,000.
(e) An addition to Maplewood Mall is being
developed by CPI. The contractor is Kraus Anderson and
the cost of the project is $2,075,000.
(f) A Main Street Store at Maplewood Mall is being
developed by Federated Department Stores. The contractor
is Sheehy Construction and the cost of the project is
$2,000,000.
3.6 Other Specific Development Expected to Occur Within
Development District No. 1
(a) The expansion of St. John's Northeast Hospital
on Beam Avenue;
(b) It is expected that additional development may
occur in Development District No. 1 in the future. The
nature and timing of further development cannot
accurately be predicted at this time.
3.7 Estimated Cost of Project Costs and Supportive Data
The estimated costs of certain of the public
improvements set forth in the Development Program to be made
within Development District No. 1 and financed by tax
increments to be derived from Economic Development District
No. 1 -2 (together with any available tax increments from
Economic Development District No. 1 - Housing District No. 1-
1 and Housing District No. 1 -2 within Development District No.
1) are $845,000.
30
L�f
PUBLIC IMPROVEMENTS
(Section 1.7(c)(ix)
and (x)] $ 689,000
LEGAL FEES, PLANNING FEES,
COSTS OF ISSUANCE & CONTINGENCY $ 33,450
BOND DISCOUNT $ 16,550
INTEREST ON BONDS PRIOR TO RECEIPT
OF.TAX INCREMENT TO FULLY FUND
PRINCIPAL AND INTEREST $106,000
TOTAL AMOUNTS OF BONDS
TO BE SOLD $ 845,000
S UPPORTIVE DATA FOR ESTIMATED COSTS OF IMPROVEMENTS
OR DEVELOPMENT DISTRICT
UNDER DEVELOPMENT PROGRAM
ITEM
BASIS FOR ESTIMATE
PUBLIC IMPROVEMENTS
Estimates by City Staff
PROFESSIONAL SERVICES
Estimates of Project Costs for legal
.
assistance,' bond issuance costs,
planning provided by Miller &
Schroeder Financial, Inc.
INTEREST ON BONDS PRIOR
The amount of capitalized interest
TO RECEIPT OF TAX INCRE-
will be equal to an amount suf-
MENT TO FULLY FUND
ficient to pay interest on the
PRINCIPAL AND INTEREST
Tax Increment Bonds from the date of
issue until the date of collection of
sufficient tax increments to meet
scheduled interest payments when due,
but not exceeding 3 years as required
by Minnesota Statutes, Chapter 475.
Predicting capitalized interest prior
to issuance is extremely difficult as
it is a function of interest rates,
construction schedules and tax
timing; therefore, the above figure
is only an estimate of capitalized
interest and is subject to change.
31
4
3.8 Estimated.Amount of Bonded Indebtedness. It is
anticipated that Tax Increment Bonds in the amount of $845,000
will be incurred with respect to this portion of the
development activities to be undertaken within Development
District No. 1.
3.9 Sources of Revenue
It is anticipated that the sources of revenue to pay
the costs associated with this portion of the development
activities to be undertaken within Development District No. 1
are Tax Increment Bond proceeds and special assessments.
3910 original Assessed Value and Fiscal Disparities
ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2:
The original assessed value of all taxable property
in Economic Development District No. 1 -2 as most recentl
certified by the Commissioner of Revenue of the State of
Minnesota, being the certification made in 1986 with respect
to the assessed value of such property as of January 2, 1986,
for taxes payable in 19.87 is estimated to be $151,113.
Minnesota Statutes, Section 469.177, Subd. 1,
requires that the original assessed value in economic
development districts be adjusted to the average percentage
increase in the assessed value of all property in the Economic
Development District No. 1 -1 during the five years prior to
certification. The rate of adjustment for the District is
approximately 2.50$.
The City hereby elects the method of tax increment
computation set forth in Section 469.177, Subd. 3, clause (b).
3.11 Estimated Captured Assessed Value
Each year the County Auditor will measure the amount
of increase or decrease in the total assessed value of
Economic Development District No. 1 -2 to calculate the tax,
increment payable to the City of Maplewood. In an year in
y y
which there is an increase in total assessed valuation in
Economic Development District No. 1 -2 above the original
assessed value, a tax increment will be payable. In any year
in which the total assessed valuation in Economic Development
District No. 1 -2 declines below the original assessed
valuation, no assessed valuation-will be captured and no tax
increment will be payable.
32
- GG
The County Auditor shall certify in each year after
the date the original assessed value was certified, the amount
the original assessed 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 stipulations, adjustments,
negotiated or court - ordered abatements.
ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2
Upon completion of the development expected to
within Economic Development District No. 1 -2 the City
estimates the assessed value of the Property within Economic
Development District No. 1 -2 to be $1,903,363.
The captured assessed value upon completion is
expected to annually approximate $1,752,250. This amount will
be captured for up to 8 years or until the Tax Increment Bonds
are retired. The city requests 70% of the available increase
in assessed value from Economic Development District No. 1 -2
for repayment of Tax Increment Bonds and current expenditures
authorized by this Tax Increment Financing Plan (the balance
of the increase being used to pay the fiscal disparities
contribution of Economic Development District No. 1 -2).
3.12 Type of Tax Increment Financing District
ECONOMIC DEVELOPMENT DISTRICT N0. 1 -2
Pursuant to Section 469.174, Subd. 12 of the Act,
the City finds that Economic Development District No. 1 -2
qualifies as an "economic development district ":
1. Economic District No. 1 -2 does not meet the
requirements to qualify as either a housing or a
redevelopment district.
2. The creation of Economic Development District
No..1-2 is in the public interest because it will
preserve and enhance the tax base of the City and it will
result in increased employment within the City.
33
3.13 Duration of Tax Increment Financing Districts
ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2:
The Act allows "economic development districts" to
remain inexistence for a period of 8 years from the receipt
of the first tax increment or 10 years from the approval of
the tax increment financing plan, whichever is less. Based on
these limitations it is anticipated that Economic Development
District No. 1 -2 will remain in effect until eight years from
the receipt of the first tax increment. -
3.14 Estimated Impact of Tax Increment Financing
HOUSING DISTRICT NO 1 -2
_ The estimated impact of Economic Development
- District No, 1-2 on the other taxing jurisdictions within
Economic Development District No. 1 -2 is set forth on Table V. _
3.15 Cash Flow Analysis See Table VI.
GS
TABLE V
ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2
ECONOMIC DEVE LOPMENT DISTRICT IMPACT ON TAX BASE:
Jurisdiction Tax Base
County of Ramsey 3,283,594,890
City of Maplewood 274,.69
School District No. 622 297,420,326
original
District as
Future
Assessed
Percent of
Assessed
Value
Jurisdiction
Value
151,113
.0046%
1,903,363
151,113
.0550%
1,903,363
151J13
.0508%
1,903,363
ECONOMIC DEVELOPMENT DISTRICT IMPACT ON MILL RATES
Jurisdiction Current Mill Rate Potential l Taxes Generated --
County of Ramsey 32.225 61,336
C y y
City p of Maplewood 18.387 34
other (1) 6.843 13,025
School District No. 622 590110 112,508
1 other taxing jurisdictions include: Metro Council, Regional Transit Commission,
Mosq uito Control District, County Library District and Metro Watershed Area
District as
Percent of
Jurisdiction
.0580%
.6929%
.6400%
,.t G W ..+a ��. ,:.- .t.[.. - ... �. >,.P.._: . -.,.. .. .: ......:._.. v..I.1..... ._...:. ..... _�. .. .. .. _ ..... .. .. ... .. ... .. .. .. ........ .... ...3 w .. .._ �.. ._. �J.. 7., ...,..J,.._..:,_:�.�........,.�
TAX 1 NLHLMLN I
t:HfaH t LUW
! iUMM6464Y hLiJ UNI
TABLE V I
CITY OF MAPLE'WOOD, MINNESOTA
MAIN STREET SPORE PROJECT
----------- -_ - - -- REVENUES -----------
- - - - -- I I ----- - - - - -- EXPENSES -----
- - - - --
•
YEAR END
LOWEST
TAX
BOND INVESTMENT
PROJECT
DEBT
ANNUAL
CUM.
CUM.
YEAR
INCREMENT
PROCEEDS INCOME
OTHER COSTS
OTHER
SERVICE
BALANCE
BALANCE
BALANCE
1988
0
405,000
0
0 32y, 250
25
14,204
36
36,
36, 546
1989
0
0
V
0 0
V
24 35
(24 350)
12
12
1990
71 o 2 30
O
0
0 0
0
24,
46 8130
59
21
1991
70
O
0
U 0
O
63 300
7
66
6, 9o1
1992
110 1 p 5 6 2
0
0
U 0
0
66.
(30,732)
35, 940
10
1993
70
4)
0
0 4)
U
.63
6
42,
16,
1994
69
0
0
0 0
O
65,735
4
47,169
19, 351
1995
69 , 562
0
0
0 1)
4 )
62
6
54
24,
1996
69 , 2 2 8
O
0
0 0
0
64,505
4.
59, 053
28, 339
1997
68 , b94
0
1)
e) 1)
U
65
3, 181
62 234
;;�9 767
1998
.0
0
O
0 0
0
61
(27,533)
34,701
34
�tssasaetssssmsa
=ss�sssssssssssssus aces 3a�sssaasssasa.:.=
sssss�zaasas ass s�aszsssssssssssssssassasss+e
560
405, 000
0
0 329,
2
576, 545
Via.
"^ & 00V1%GwAbs"114 1 rsQ;ju&fw I A %jl% J "W4 I
t
�.,...
w�
a�w�T�ww.r _ . Tj �wau�aWx.,mw.w�a �.r...w.� 1�.7.fcA�• �: >�.;;;,�; ;�:."� � .__ ,..
CITY OF MAPLEW000 i MINNESOTA
MAIN SSTORE PROJECT '
ASSESSED VALUE
. ($000)
TAX
AVERAGE ANNUAL
LEVY
COLL,
- ----------- ---- --- -- -- - --� --
MILL
I NCRMT
INVEST. GROWTH RATE t X�
YEAR
YEAR
TOTAL
BASE
RATE
AVAIL.
RATE OF ASSESSED VALUE
1987
198a
135
135
1190210
70 s 00
ow 000 BASE 2050
1988
1989
138
138
1190 210
70a00
u. oo(3
1989
1990
.995
141
119,8210
700 00
u. 000 TOTAL 0000
1990
1991
995
145
119.210
70s00
.00004)
1991
1992
995
149
1190210
700 00
00 000
1992
1993
995
153
1190210
70* 00
0.9000
1993
1994
995
157
1
70* 00
09 000
1994
1995
995
161
1190210
70. OO
00 000
1995
1996
995
165
1190210
70s 00
08 000
1996
1997
995
169
119,0210
70.00
00 000
t
�.,...
w�
a�w�T�ww.r _ . Tj �wau�aWx.,mw.w�a �.r...w.� 1�.7.fcA�• �: >�.;;;,�; ;�:."� � .__ ,..
1 NUK1`1l11 =141 bUIMU A.at3UM QU1114simn1
CITY OF MAPLEWOOD MINNESOTA
MAIN STREET STORE PROJECT
BONDS
405,
INTEREST START DATE
FIRST INTEREST DATE
B OND YEARS
AVERAGE LIFE
AVERAGE COUPON
171 576
Jan-88
Au
2
6. 886 YR,9-s
60151 %
IN
PRINCIPAL
RATE'
INTEREST
PRINCIPAL
DEBT SERVICE
YEAR
wwwrwwwwiwwww
PAYMENTS
(%)
PAYMENTS
own
& INTEREST
mom -am
COVERAGE RATIO
"ft� "m
19 88 as
0
5o250
14,
14,204
Cap Int
1989
4)
5. 25CJ
24,35o
24,350
Cap Int
1990
0
5. 250
24, 350
4, 350
Cap Int
1991
40
5,.25o
23, Soo
63,
112e53
1992
45,
5e 500
a I' o 13
66,
107,40
1993
45
5,mloo
18,, 4'33
63,493
111o13
1994
50,
59 900
15,
65,735
106*84
1995
.50
619 100
12-
GZ-s 735
11 1.41
1996
55, 000
60200
9, 505
64,,5(-)5
107o84
1997
60
6,o4oO
5.
65,880
105.0 8
1998
60 000
.60 600
1,, tr3ac)
61. 13130
111o16
405,
INTEREST START DATE
FIRST INTEREST DATE
B OND YEARS
AVERAGE LIFE
AVERAGE COUPON
171 576
Jan-88
Au
2
6. 886 YR,9-s
60151 %
IN
TAX INCREMENT CASH FLOW , &"UMMARY RLPORT
TABLE VI
CITY OF MAPLEWOOD, MANESOTA
MAPLEWOOD HALL ADDITION PROJECT
594 440 0 359, 2 5 000 628, 03a
REVENUES ------------------
I
I ----------- EXPENSES -----------
I
YEAR END
LOWEST
TAX
BOND
INVESTMENT.
PROJECT
DEBT
ANNUAL
cum*
CUM.
YEAR
INCREMENT
PROCEEDS
INCOME
OTHER
COSTS
----------
OTHER
SERVICE
BALANCE
BALANCE
BALANCE
0
440,000
0
0
359,
25,,000
15,
39,
39,
39,
1989
G
0
u
0
0
0
26,
(26,
13, 304
1,3
1990
74,426
0
0
0
0
26,492
47,934
61,238
58
1991
74 o 410
0
0
0
0
7.0
4
65
2 10 992
1992
. 74,1360
0
0
0
67,
(30
34,
8, 2.7 2
1993
0
0
. 0
0
0
70,
4, 1 12*
38
14)
1994
74
0
u
0
0
0
67,331
fi l 972
45, 708
16,496
1995
74.242
0
4)
0
0
69 1713
5
50 791
19 ..-mo
1996
749242
0
0
0
0
70,640
3 6O2
54,393
21, 66a
1997
74
0
1)
0
0
71
2
56
22
1998
U
0
0
0
0
0
72 310
(35
21,664
21-
•
594 440 0 359, 2 5 000 628, 03a
TAX INCRE.MENT BOND I SSUE S UMMARY REPORT
CITY OF MAPLEWOOD, MINNESOTA
M MALL ADDITION PROJECT
440
INTEREST START DATE
FIRST INTEREST DATE
BOND YEARS
AVERAGE LIFE
AVERAGE COUPON
Jars
ALl
3
051. 667
6.936 YRS.
BONDS
PRINCIPAL
RATE
INTEREST
PRINCIPAL
DEBT SERVICE
YEAR
OEM �= am w
PAYMENTS
wom."m saw"m 'wo mmow mmum mm
war (74)
�PAYMENTS
rrwMrrrrrr
& INTEREST
r one
COVERAGE RATIO
-oft -ow -wo r ow
1988
5o250
15,454
15,454
Cap Int
1989
0
5o250
26.
26,
Cap Int
1990
0
.5.o25o
26,492
26,
Cap Int
1991 .
45,000
5o250
25, 311
70, 31 1
105.85
199.9
45
5. 500
22
67
109e60
1993
5 04,000
5o7OO
20,231
70,231
105088
1994
50,000
50900
I'7
1
110938
1995
55,000
6,0100
14, 178
69.,,178
10 7.38
so'
6,02oo
1 U 64ia
70,640
105o10
.1996
19.97
65, 000
60400
6 700
71,
163o55
1998
70,,000
6. 600
2
72, 310
102*56
440
INTEREST START DATE
FIRST INTEREST DATE
BOND YEARS
AVERAGE LIFE
AVERAGE COUPON
Jars
ALl
3
051. 667
6.936 YRS.
1 ,
TAX INCREMENT ASSUMPTIONS SUMMARY REPORT
CITY OF MAPLEWOOD, MINNESOTA
MAPLEWOOD MALL ADDITIOW PROJECT
ASSESSED VALUE
• ($001:1)
X TAX
AVERAGE
ANNUAL
LEVY
COLL
------ - - - - -• •-- - - - -
--
MILL
I NCRMT
INVEST.
GROWTH RATE ( 9 )
YEAR
wrw
YEAR
TOTAL BASE
r
RATE
AVAIL.
—a mum .mwmONO
RATE
one
OF ASSESSED VALUE
r•rr��w Ono -- r.mm -0-ow .m -- "m =art
1987
1988
16
16
1190 210
70.00
0 0 000
BASE = 2050
1988
1989
16
16
1190210
70* 00
00 000
1989
1.990
909
17
1190210
70e OO
00 000
TOTAL 00 00
1990
1991
909
17
1190210
70* 00
0 000
1991
1992
909
l8
1190210
70.
0.0
1992
1993
909
18
1190210
70. OO
0 -0 0oo
1993
1994
909
19
119.210
70.
. 000
1994
1995
909
19
119. 214)
7v. 00
o: +�(:)U
1995
1996
909
19
119. 210
70 a uu
U. CO
1996
1997
909
2t)
119, 210
7(:). 00
u. uuu
3.16 Use of Tax Increment
The City hereby determines that it will use 100% of
the captured assessed value of taxable property located in
Economic Development District No. 1 -2. The tax increments
derived from Economic Development District No. 1 -2, shall be
used for the following activities:
1. To pay principal and interest on the Tax
Increment Bonds.
2. To finance or otherwise pay the capital and
administrative costs of Development District No. 1.
3. To f inance or otherwise pay premiums for
insurance or other security guaranteeing the payment when
due of principal and interest on bonds issued pursuant to
Minnesota Statutes, Chapters, 462C, 469, or both.
4. To accumulate or maintain a reserve securing the
payment when due of the principal and interest on the
bonds issued pursuant to Minnesota Statutes, Chapters
4620, 469, or both.
5. To finance project costs described in this Tax
Increment Financing Plan.
6. To finance other purposes as may be allowed by
the Act.
These revenues shall not be used to circumvent levy
limitations applicable to the City nor for other purposes
prohibited by Section 469.176, Subd. 4 of the Act.
3.17 Prior Planned Improvements
The City shall, after due and diligent search,
accompany its request for certification to the County Auditor
.or its notice of district enlargement with a listing of all
properties within Economic Development District No. 1 -2, for
which building permits have been issued during the eighteen
(18) months immediately preceding approval of the Tax
Increment Financing Plan by the City. The County Auditor
shall increase the original assessed value of Economic
Development District No. 1--2, by the assessed value of the
improvements for which the building permit was issued,
excluding the assessed value of improvements for which a
building permit was issued during the three (3) month period
35
07i
immediately preceding said approval of the Tax Increment
..Financing Plan as certified by the assessor.
3.18 Limitation on Qualification of Tax Increment
Development on a parcel located within the Economic - -
Development District No. 1 -2 by the City or by the owner of
the parcel in accordance with this Tax. Increment Financing
Plan shall occur_ within four ( 4 ) years of the date of
certification of the original assessed value. For the -
purposes of this section the term "development" shall mean •
including demolition, rehabilitation, or renovation of
property, or other site preparation, including improvement of
a street adjacent to the parcel. Development shall not
include the installation of utility service including sewer
.and water systems. If development has not commenced within
-_ this period no additional increment shall be taken from that
parcel and the original assessed value of that parcel shall be
excluded from the original assessed value of Economic
Development District No. 1 -2. If the City or the owner of the
parcel subsequently commences development, the City shall
certify the assessed value thereof as most recently certified
by the Commissioner of Revenue and add it to the original
assessed value of Economic Development District No. 1 -2.
3.19 Modifications of Tax Increment Financing Districts
In accordance with Minnesota Statutes, Section
469.175, Subd. 4, any reduction or enlargement of the
geographic area of Development District No. 1 or Tax Increment
Financing Districts within Development District No. 1,
increase in amount of bonded indebtedness to be incurred,
including a determination or capitalize interest on debt if
that determination was not a part of the original tax
increment financing plan, or to increase or decrease the
amount of interest on the debt to be capitalized, increase in
the portion of the captured assessed value to be retained by
the City, increase in total estimated tax increment
expenditures or designation of additional property to be
acquired by the authority shall be approved upon the notice
and after the discussion, public hearing and findings required
for approval of the original plan. The geographic area of a
Tax Increment Financing District may be reduced, but shall not
be enlarged after five years following the date of
certification of the original assessed value by the county
auditor. Housing District No. 1 -2 may therefore be expanded
until 1992.
36
77
3.20 Limitation on Administrative Exoenses
In accordance with Minnesota Statutes, Section
469.174, Subd. 14 and Minnesota Statutes, Section 469.176,
Subd. 3, administrative expenses means all expenditures of an
authority.other than amounts paid for the purchase of land or
amounts paid to contractors or others providing materials and
services, including architectural and engineering services,
directly connected with the physical development of the real
property in the district, relocation benefits paid to dr
services provided for persons residing or businesses located
in the district or amounts used to pay interest on, fund a
reserve for, or sell at a discount bonds issued pursuant to
Section 469.178. Administrative expenses includes amounts
paid for services provided by bond counsel, fiscal
consultants, and planning or economic development consultants.
No tax increment shall be used to pay any administrative'
expenses for a project which exceed ten percent of the total
tax increment expenditures authorized by the tax increment
financing plan or the total tax increment expenditures for the
project, whichever is less.
3.21 Limitation on Duration of Tax Increment
Financing Districts
Pursuant to Minnesota Statutes, Section 469.176,
Subd. 1, "no tax increment shall be paid to an authority three
years from the date of certification by the County Auditor
unless within the three -year period (1) bonds have been issued
pursuant to Section 469.178 or in aid of a project pursuant to
any other law, except revenue bonds issued pursuant to
Sections 469.152 through 469.165, prior to the effective date
of the Act; or (2) the authority has acquired property within
the district; (3) the authority has constructed or caused
to be constructed public improvemewnts within the district,.."
The City must therefore issue bonds, or acquire property, or
construct or cause public improvements to be constructed by
1988 or the County Auditor may dissolve the applicable Tax
Increment Financing District,
3.22 Limitation on Qualification of Property in Tax
Increment Financing Districts Not Subject to
Improvement
Pursuant to Minnesota Statutes, Section 469.176,
Subd. 6, "if, after four years from the date of certification
of the original assessed value of the tax increment financing
district..., no demolition, rehabilitation or renovation of
37
_ (: 0"
parcel or other site preparation including improvement of a
street adjacent to a property but not installation of utility
service including sewer or water systems, has been commenced
on a parcel located within a tax increment financing district
by the authority or by the owner of the parcel in accordance
with the tax increment financing plan, no additional tax
increment may be taken from that parcel and the original
assessed value of that parcel shall be excluded from the
original assessed value of the tax increment financing
district If the authority or the owner of the parcel
subsequently commences demolition, rehabilitation or
renovation or other site preparation on that parcel including
improvement of a street adjacent to that parcel, in accordance
with the tax increment financing plan, the authority shall
certify to the county auditor in the annual disclosure report
that the activity has commenced. The county auditor shall
certify the assessed value thereof as most recently certified
by the commissioner of revenue and add it to the original
assessed value of the tax increment financing district.
3.23 Excess Tax Increments
Pursuant to Minnesota Statutes, Section 469.176,
Subd. 2, in any year in which the tax increment exceeds the
amount necessary to pay the costs authorized by the tax
increment plan, including the amount necessary to cancel any
.tax levy as provided in Minnesota Statutes, Section 475.61,
.Subdivision 3, the City shall use the excess amount to:
1. prepay the outstanding bonds;
2. discharge the pledge of tax increment therefore;
3. pay into an escrow account dedicated to the
payment of such bond;
4. repay any loans including interest on these
loans; or
50 return the excess to the County Auditor for
redistribution to the respective taxing jurisdictions in
proportion to their mill rate.
In addition, the City may choose to modify the financing
plan as described in Part II, 2.18, in order to.provide
further public improvements within the development district.
38
7t
3.24 Administration of Tax Increment Financing
Districts
Administration of Economic Development District No.
1 -2 will be handled by the office of the City Manager.
The tax increment received.as a result of increases
in the assessed value of Economic Development District Noo 1-2
will be maintained in a special account separate from all
.other municipal accounts and expended only.-upon sanctioned
municipal activities identified in the Tax Increment Finance _
Plan.
3.25 Annual Disclosure Requirements
Pursuant to Minnesota Statutes, Section 469.175,
Subd. 5, the City must file with the State Auditor on or-
before July 1, an annual financial report for . all Tax
Increment Financing Districts. The report shall also be filed
with the school board and county board. The report shall as
nearly as possible:
1. Provide for full disclosure of the sources and
uses of public funds in each Tax Increment Financing
District;
2. Permit comparison and reconciliation with the
City's accounts and financial reports;
3. Permit auditing of the funds expended on behalf
of each Tax Increment Financing District, including a
single Tax Increment Financing District that is part of a
multidistrict project or that is funded in part or whole
through the use of a development account funded with tax
increments from other Tax Increment Financing Districts
or with other public money; and
4. Be consistent with generally accepted accounting
principles.
In addition, the report shall contain the following
information:
1. The original assessed value of the Tax Increment
Financing District;
2. The captured assessed value of the Tax Increment
Financing District, including the amount of any captured
assessed value shared with other tax districts;
39
J
3. The outstanding principal amount of bonds issued
or other loans incurred to finance project costs in the
Tax Increment Financing District,
40 For the reporting period and for the duration of
the Tax Increment Financing District, the amount budgeted
under the Tax Increment Financing Plan, and the actual
amount expended for, at least, the following categories:
A. Acquisition of land and buildings through
condemnation or purchase;
B. Site improvements or preparation costs;
C. Installation of public utilities or other
public improvements; and
D. Administrative costs, including the _
allocated cost of the City;
5. For properties sold to developers, the
total cost of the property to the City and the price paid
by the developer;
6. The amount of tax exempt obligations, other
than those reported under clause (3), that were issued on
behalf of private entities for facilities located in the
Tax Increment Financing District.
40
SECTION IV
TAX INCREMENT FINANCING PLAN FOR
HOUS ING DISTRICT NO. 1 -3
[Adopted December 14, 19871 - -
4.1 Sta tement of Objectives
See Section I. Subsection 1.5, Development Program for
Development District No. 1. •
4.2 Development Program
See Section I , Subsection 1.3, Development Program for
Development District No. 1.
t
4.3 Parcels to be Included in Tax Increment Financin
District.
HOUSING DISTRICT N0. 1 -3
Economic Development District No. 1 -3 is made up of
certain P arcels located within Development District No. 1.
The specific parcels contained in the Tax Increment District
are described in Exhibit F.
4.4 Parcels to be Acquired..
In connection with Housing District No. 1 -3 the.City
intends to acquire from The Arkell Development Corporation and
reconvey to The Arkell Development Corporation the following
property:
that portion of the following parcels south of Woodlynn
Avenue:
South 662.87 feet of North 1325.74 feet of the East
263.63 feet of NW Quarter of the NE Quarter of
Section 2, Township 29, Range 22
West 263.63 feet of FAst 527.26 feet of the North
1321.3 feet of NW Quarter of Section 2, Township 29,
Range 22
[an exact legal description will be supplied to the City by
The Arkell Development Corporation upon adoption of Tax
Increment Financing Plan for Housing District No. 1 -31
41
�Z
4.5 Development Activity in Develop ment District No. 1
for which Contracts Have Been Signed
(a) Zantigo Restaurant on County. Road was developed
by Zantigo Mexican Restaurants, Inc. on County Road D.
West of White Bear Avenue. The contractor was William
Kranz Construction and the cost of the project was
$ -
(b) Maple Ridge Square Shopping Center was
developed by Curt Johnson and Joe Weis - Weis Builders,
Inc. at the intersection of Gervais Avenue and White, Bear
Avenue. The contractor was Weis Builders and the cost of
the project was $2,318,3830
(c) Maple Ridge Apartments was developed by
Podawiltz Development Company on County Road D, west of
White Bear Avenue. The c ontractor was Avon Lumber
Company Inc. and the cost of the project was $2,800,000.
P Y•
(d) Maple Ridge Estate Apartments was developed by
Maple Ridge Development Corporation at the intersection
of Stillwater Road and Stillwater Avenue. The contractor
was Steve Haight Construction and the cost of the project
was $3,.999,000.
(e) An addition to Maplewood Mall is being
developed by CPI. The contractor is Kraus Anderson and
the cost of the project is $2,075,000.
(f) A Main Street Store at Maplewood Mall is being
developed by Federated Department Stores. The contractor
is Sheehy Construction and the cost of the project is
$2,000,000.
4.6 Other Specific Development Expected to Occur Within
Development District No. 1
(a) The expansion of St. John's Northeast Hospital
on Beam Avenue;
(b) The development of a 60 unit Senior Citizen
housing complex (.known as the Cottages of Maplewood) is
being proposed by The Arkell Development Corporation;
42
� 3,�
(c) It is expected that additional development may
occur in Development District No. l in the future. The
nature and timing of further development cannot
accurately be predicted at this time.
4.7 Estimated Cost of Project Costs and Supportive Data
The estimated costs of the land acquisition and site
improvements set forth in the Development Program to be made
..within Development District No. 1 and financed by tax
increments to be derived from Housing District No. 1 -3
(together with any available tax increments from Economic
Development District No. 1 -1, Economic Development District
No, 1 -2, Housing District No. 1 -1 and Housing District No. 1 -2
within Development District No. 1) are $275,000.
LAND ACQUISITION AND /OR SITE
IMPROVEMENTS [Section 1.7(c)(xi)]
$275 F O00*00 $275,000.00
LEGAL FEES, PLANNING FEES,
COSTS OF ISSUANCE & CONTINGENCY $ 15,312950
BOND DISCOUNT $ 8 1 000900
INTEREST ON BONDS PRIOR TO RECEIPT
OF TAX INCREMENT TO FULLY FUND
PRINCIPAL AND INTEREST $101,6.87.50'
TOTAL AMOUNTS OF BONDS
TO BE SOLD $400,000.40
SUPPORTIVE DATA FOR ESTIMATED COSTS OF IMPROVEMENTS
OR DEVELOPMENT DISTRICT UNDER DEVELOPMENT PROGRAM
ITEM BASIS FOR ESTIMATE
LAND ACQUISITION AND Estimates by City Staff
SITE IMPROVEMENTS
PROFESSIONAL SERVICES Estimates of Project Costs for ].ega l
assistance, bond issuance costs,
planning provided by Miller &
Schroeder Financial, Inc.
INTEREST ON BONDS PRIOR The amount of capitalized interest
43
TO RECEIPT OF TAX INCRE will be equal to an amount suf-
MENT TO FULLY FUND ficient to pay interest on the
PRINCIPAL AND INTEREST Tax Increment Bonds from the date of
issue until the date of collection of
sufficient tax increments to meet
scheduled interest payments when due,
but not exceeding 3 years as required
by Minnesota Statutes, Chapter 475.
Predicting capitalized interest prior
to issuance is extremely difficult as
it is a function of interest rates,
construction schedules and tax
timing; therefore, the above figure
is only an estimate of capitalized
interest and is subject to change.
4.8 Estimated Amount of Bonded Indebtedness. It is
anticipated that Tax Increment Bonds in the amount of $400,000
will be incurred with respect to this portion of the -
development activities to be undertaken within Development
District No. 1.
4.9 Sources of Revenue
It is anticipated that the sources of revenue to pay
the costs associated with this portion of the development
activities to be undertaken within Development District No. 1
are Tax Increment Bond proceeds.
4.10 Original Assessed Value
The original assessed value of all taxable property
in Housing District No 1 -3 as most recently certified by the
Commissioner of Revenue of the State of Minnesota, being the
certification made in 1987 with respect to the assessed value
of such property as of January 2, 1987, for taxes payable in
1987 is estimated to be $62,7371.
4.11 Estimated Captured Assessed Value
Each year the County Auditor will measure the amount
of increase or decrease in the total assessed value of Housing
District No. 1 -3 to calculate the tax increment payable to the
City of Maplewood. In any year in which there is an increase
in total assessed valuation in Housing District No. 1 -3 above
the original assessed value, a tax increment will be payable.
In any year in which the total assessed valuation in Housing
District No. 1 -3 declines below the original assessed
44
valuation, no assessed valuation will be captured and no tax
increment: will be payable.
The County Auditor shall certify in each year after
the date the original assessed value was certified, the amount
the original assessed 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 stipulations, adjustments,
negotiated or court - ordered abatements.
- Upon completion of the development expected to occur
within Housing District No. 1 -3 the City estimates the
assessed value of the Property within Housing District No. 1 -3
to be $1,322,631.
The captured assessed value upon completion is
estimated to annually approximate $1,259,894. This amount
will be captured for up to 25 years or until the Tax Increment
Bonds are retired. The city requests 100% of the available
increase in assessed value from Housing District No. 1 -3 for
repayment of Tax Increment Bonds and current expenditures
authorized by this Tax Increment Financing Plan.
4.12 Type of Tax Increment Financing District
Pursuant to Section 469.174, Subd. 12 of the Act,
the City finds that Housing District No. 1 -3 qualifies as a
"housing district ":
1. Housing District No. 1 -3 qualifies as a "housing
district" because a portion of each project is intended
for occupancy, in part, by persons of low and moderate
income as defined in Minnesota Statutes, Chapter 462A,
Title.II of the National Housing Act of 1934, the
National Housing Act of 1959, the United States Housing
Act of 1937, as amended, Ti tl.e V of the Housing Act of
1949, as amended, any other similar present or future
federal, state, or municipal legislation, or the
regulations promulgated under any of those acts.
45
g ,
TABLE VI
HOUSING DISTRICT NO. 1 -3
HOUSING DISTRICT NO. 1 -3 I14PACT ON TAX BASE:
Original
District as Future
District as
Assessed
Percent of Assessed
Percent of
Jurisdiction
Tax Base
Value
Jurisdiction Value
Jurisdiction
5
County of Ramsey
3,283,594,890
62,737
00019 1,322,631
.0403$
City of Maplewood
274,691,365
62,737
.0028% 1,322,631
.4815%
School Dist. #622
297
62,737
90211% 1,322,631
.4447$
HOUSING DISTRICT NO. 1 13 IMPACT ON MILL
RATES:
Jurisdiction
Current Mill Rate
Potential
Taxes Generated
County of Ramsey
32.225
42,622
City of Maplewood
18.387
24,319
Other (1)
6.843
9,051
School Dist. #622
J
59.110
78 181
Other taxing
jurisdictions include:
Metro Council, Regional Transit
Commission,
' Mosquito Control District Count y Librar
y District and Metro Watershed Area
TABLE VII
$ 400 G.O. Taxable Tax Increment Bonds of 1988
City of Maplewood Minnesota
Sources:
Par amount of Bonds
LESS: Discount (1.96 %)
Uses:
Project Cost
Estimated Cost of Issuance
Capitalized Interest
Balance
Total Uses
$400
$392
$275
12,500.00
101,687.50
2,812.50
$392
S&9
$ 404000 G O Taxable Tax Increment Bonds of 1988
Accrued Interest to 2/01/88 =
0.00
Total Bond Years = 26009
Gross Interest Cost = $ 241
Average.Coupon 9,283%
NIC = 9.590%
Average Life = 6.50 Years
Discount @ 9800 8 • 000.00
File: maple.dbt
Prepared by MILLER & SCHROEDER FINANCIAL: 12/04/87
City
of Maplewood, Minnesota
Debt Service
Schedule
Issue Date:
2/01/88
Settlement Date :.
2/01/88
First Coupon:
8/01/88
Date
_
Principal
Coupon
Interest
Debt Service
ervlce
8/01/88
0900
0.000
18,337.50
18 , 337.50
2/01/89
0000
0.000
18,337.50
18
8/01/89
0000
00000
18,337.50
18337.50
2/01/90
0000
00000
18,337.50
18 , 33.7.50
8/01/90
2/01/91
0000
50
00000
89600
18
18,337.50
18337.50
68
, 187.50
8 / 01 /91
0.00
09000
16,187.50
16
2/01/92
50, 000.00
8.800
16,187.50
66 * 50
8/01/92
0000
0.000
13,987.50
13 987.50
2/01/93
50,000.00
90000
13,987.50
63 987.50
8 /41/93
0.00
00000
11,737650
11737.50
•
2/01/94
50,000000
9.150
11,737.50
61 • 737.50
8/01/94
01000
00000
9, 450.00
9 450.00
2/01/95
50, 000.00
9.300
9, 450.00
59 450.00
8/01/95
0000
00000
7 ,125.00
7 125e00
•
2/01/96
50, 000.00
9.4 00
7 ,12 5.00
57 1 12 5.00
8/01/96
0000
00000
4
4
.2/01/97
50,000.00
99500
4
54 775.00
8/01/97
0000
00000
2
21400.00
2/01/98
50, 000.00
9.600
2, 400..00
52 400.00
TOTAL
400,000.00
241
•
64 1,350.00
Accrued Interest to 2/01/88 =
0.00
Total Bond Years = 26009
Gross Interest Cost = $ 241
Average.Coupon 9,283%
NIC = 9.590%
Average Life = 6.50 Years
Discount @ 9800 8 • 000.00
File: maple.dbt
Prepared by MILLER & SCHROEDER FINANCIAL: 12/04/87
. 2. The creation of Housing District No. 1 -3 is in
the public interest because it will preserve and enhance
the tax base of the City and it will result in increased
employment within the City.
4.13 Duration of Tax Increment Financing Districts .
The Act allows "housing districts" to remain in
j existence for a period of 25 years from the receipt of the
first tax increment. Based on these limitations it is
anticipated that Housing District No. 1 -3 will remain in
effect until December, 2012.
4.14 Estimated Im act of Tax Increment Financing.
The estimated impact of Housing District No.. 1 -3 on
the other taxing jurisdictions within Housing District No. 1.
is set forth on b V
Ta le . I
a
4.15 Cash Flow Analysis See Table VII.
46
_ yv
The city hereby determines that it will use 100% of
the captured assessed value of taxable property located in
Housing District No. 1 - 3. The tax increments derived from
Housing District No. 1 -3, shall be used for the following
activities:
1. To pay principal and interest on the Tax
Increment Bonds.
2. To finance or otherwise pay the capital and
administrative costs of Development District No. 1.
3. To finance or otherwise pay premiums for
insurance or other security guaranteeing the payment when
_ due of principal and interest on bonds issued pursuant to
Minnesota Statutes, Chapters, 462C, 469, or both.
4. To accumulate or maintain a reserve securing the
payment when due of the principal and interest on the
bonds issued pursuant to Minnesota Statutes, Chapters
462C, 469, or both.
5. To finance project costs described in this Tax
Increment Financing Plan.
6. To finance other purposes as may be allowed by
the Ac t.
These revenues shall not be used to circumvent levy
limitations applicable to the City nor for other purposes
prohibited by Section 4699176, Subd. 4 of the Act.
4.17 Prior Planned Improvements
The City shall, after due and diligent search,
accompany its request for certification to the County Auditor
or its notice of district enlargement with a listing of all
properties wthin Housing District No. 1 -3, for which building
permits have been issued during the eighteen (18) months
immediately preceding approval of the Tax Increment Financing
Plan by the City. The County Auditor shall increase the
original assessed value of Housing District No. 1 -3, by the
assessed value of the improvements for which the building
permit was issued, excluding the assessed value of
improvements for which a building permit was issued during the
three (3) month period immediately preceding said approval of.
the Tax Increment Financing Plan as certified by the assessor.
47
�7
4. 1.8 Limitation on_Qua 1 i f i t i on of Tax Tncrement
P
on a
Development parcel located within Housing
P
District No. 1 -3 by the City or by the owner of the parcel in
accordance with this Tax Increment Financing Plan shall occur -
within four .(4 ) years of the date of certification of the
original assessed value. For the purposes of this section the
term "development"' shall mean including demolition,
rehabilitation, or renovation of property, or. other site
preparation, including improvement of a street adjacent to the _
parcel. Development shall not include the installation of
utility service including sewer and water systems. If
development has not commenced within this period no additional
increment shall be taken from that parcel and the original
assessed value of that parcel shall be excluded from the
-_ original assessed value of Housing District No. 1 -34, If the
City or the owner of the parcel subsequently commences
development, the City shall certify the assessed value thereof
as most recently certified by the Commissioner of Revenue and
.add it to the original assessed value of Housing District No.
1 -3.
4.19 Modifications of Tax Increment Financing Districts
In accordance with Minnesota Statutes, Section
469.175, Subd. 4 any reduction or enlargement of the
geographic area of Development District No. 1 or Tax Increment
Financing Districts within Development District No. 1,
increase in amount of bonded indebtedness to be incurred,
including ,a determination or capitalize interest on debt if
that determination was not a part of the original tax
increment financing plan, or to increase or decrease the
amount of interest on the debt to be capitalized, increase in
the portion of the captured assessed value to be retained by
the City, increase in total estimated tax increment
expenditures or designation of additional property to be
Y
acquired b the authority shall be approved upon the notice
q
and after the discussion, public hearing and findings required
for approval of the original plan. The geographic area of a
Tax Increment Financing District may be reduced, but shall not
be enlarged after five years following the date of
certification of the original assessed value by the county
auditor. Housing District No. 1 -3 may therefore be expanded
until 19920
48
4.20 Limitation on Admin Expen
In accordance with Minnesota Statutes, Section
469.174, Subd. 14 and Minnesota Statutes, Section 469.176,
Subd. 3, administrative expenses means all expenditures of an
authority other than amounts paid for the purchase of land or
amounts paid to contractors or others providing materials and
services, including architectural and engineering services,
directly connected with the physical development of the real
property in the district, relocation benefits paid to or
services provided for persons residing or businesses located •
in the district or amounts used to pay interest on fund a
reserve for, or sell.at a discount bonds issued pursuant to
Section 469.178. Administrative expenses includes amounts
paid for services provided by bond counsel, fiscal
consultants, and planning or economic development consultants.
No tax increment,shall be used to pay any administrative'
expenses for a project which exceed ten percent of the total
tax increment expenditures authorized by the tax increment
.financing plan or the total tax increment expenditures for the
P
project, whichever is less.
4.21 Limitation on Duration of Tax Increment
Financin2Districts
Pursuant to Minnesota Statutes, Section 469.176,
Subd. 1, "no tax increment shall be paid to an authority three
years from the date of certification by the County Auditor
unless within the three -year period (1) bonds have been issued
pursuant to Section 469.178 or in aid of a project pursuant to
any other law, except revenue bonds issued pursuant to
Sections 469.152 through 469.165, prior to the effective date
of the Act; or (2) the authority has acquired property within
the district; or (3) the authority has constructed or caused
to be constructed public improvemewnts within the district..."
The City must therefore issue bonds, or acquire property, or
construct or cause public improvements to be constructed by
1988 or the County Auditor may dissolve the applicable Tax
.Increment Financing District.
4.22 Limitation on Qualification of Property in Tax
Increment Financing Districts Not Subject to
Improvement
Pursuant to Minnesota Statutes, Section 469.176,
Subd. 6, "if, after four years from the date of certification
of the original assessed value of the tax increment financing
district..., no demolition, rehabilitation or renovation of '
,J
parcel or other site preparation including ding improvement of a
s i
street adjacent to ,a property but not nstallation of ut: i..i.ty
service including sewer or water systems, has been commenced
on -a parcel located within a tax increment financing district
by the authority or by the owner of the parcel in accordance
with the tax increment financing plan, no additional tax -
increment may be taken from that parcel and the original
assessed value of that parcel shall be excluded from the
original assessed value of the tax increment financing
district. If the authority or the owner of the parcel
subsequently commences demolition, rehabilitation or
renovation.or other site preparation on that parcel including
improvement of a street adjacent to that parcel, in accordance
with the tax increment financing plan, the authority shall
certify to the county auditor in the annual disclosure report
that the activity has commenced. The county auditor shall
certify the assessed value thereof as most recently certified
by the commissioner of revenue and add it to the original
assessed value of the tax increment financing district.
4.23 Excess Tax Increments
Pursuant to Minnesota Statutes, Section. 469.176,
Subd. 2, in any year in which the. tax increment exceeds the
amount necessary to pay the costs authorized by the tax
.increment plan, including the amount necessary to cancel any
tax levy as provided in Minnesota Statutes, Section 475.61,
.Subdivision 3, the City shall use the excess amount to:
1. prepay the outstanding bonds;
2. discharge the pledge of tax increment therefore;
3. pay into an escrow account dedicated to the
payment of such bond;
4. repay any loans including interest on these
loans; or
5. return the excess to the County Auditor for
redistribution to the respective taxing jurisdictions in
proportion to their mill rate.
In addition, the City may choose to modify the financing
plan as described in Part II, 2.18, in order to provide
further public improvements within the development district.
50
4.24 Administration of T ax Inc rement Fin ancin g
Districts.
Administration of Housing District No. 1 -3 will be
handled by the Off ice of the City Manager.
The tax increment received as a result of increases
in the assessed value of Housing District No. 1 -3 will be
maintained in a special account separate from all other_
municipal accounts and expended only upon sanctioned municipal
activities identified in the Tax Increment Finance Plan.
4.25 Annual Disclosure Requirements
Pursuant to Minnesota Statutes, Section 469.175,
Subd. 5, the must file with the State Auditor on or
before July 1, an annual financial report for all Tax
Increment Financing Districts. The report shall also be filed
with the school board and county board. The report shall as _
nearly as possible:
1. Provide for full disclosure of the sources and
uses of public funds in each Tax Increment Financing
District;
2. Permit comparison and reconciliation with the
City's accounts and financial reports;
3. Permit auditing of the funds expended on behalf
of each Tax Increment Financing District, including a
single Tax Increment Financing District that is part of a
multidistrict project or.that is funded in part or whole
through the use of a development account funded with tax
increments from other Tax Increment Financing Districts
or with other public money; and
4. Be consistent with generally accepted accounting
principles.
In addition, the report shall contain the following
information:
1. The original assessed value of the Tax Increment
Financing District;
2. The captured assessed value of the Tax Increment
Financing District, including the amount of any captured_
assessed value shared with other tax districts;
5
9s'
3 . The otatst and i nq rr i nn i pa 1 amount or bonds issued
or other loans incurred to finance project costs in the
Tax Increment Financing District;
4. For the reporting period and for the duration of -
the Tax Increment Financing District, the amount budgeted
under the Tax Increment Financing Plan, and the actual
amount expended for, at least, the following categories:
A. Acquisition of land and` buildings through -
condemnation or purchase;
B. Site improvements or preparation costs;
C. Installation of public utilities or other
public improvements and
D. Administrative costs, including the
allocated cost of the City;
5. For properties sold to developers, the
total cost of the property to the City and the price paid
by the developer;
6. The amount of tax exempt obligations, other
than those reported under clause (3), that were issued on
behalf. of private entities for facilities located in the
Tax Increment Financing District.
52
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Exhibit B
Zantigo:
The easterly 145 feet of that part of Lot 1 Block 3,
Viking Development Addition, according to the, recorded -
plat thereof which lies easterly of . a line described as
follows:
Commencing at the southea corner of
on an assumed bearing of West, along
said Lot 1, a distance of 285.00 feet
the line to be described; thence on.a
distance of 236.91 feet, to the north
and said line there terminating.
Maple Ridge Square:
said Lot .1; thence
the south line of
to the beginning of
bearing of North a
line of said Lot 1
That part of Lot 2, Block 1, Maple Ridge Mall, according
to the recorded plat thereof, lying east of the West line
of the Northeast Quarter (1 /4) of the Northwest Quarter
(1/4) of Section 11, Township 29, Range 22 and lying
south of the North line of the South four ( 4 ) acres of
the West Half (1/2) of the North Half (1/2) of the East
Half (1 /2) of the Northwest Quarter (1/4) of Section 11,
Township 29, Range 22 ( torrens property);
together with that part of Lot 2, Block 1, Maple Ridge
Mall, according to the recorded plat thereof, lying sough
of the South line of Lot 1 of said Block 1 and the
westerly extension thereof except that part of said Lot 2
lying east of the West Line of the Northeast Quarter
(1/4) of the Northwest Quarter (1/4) of Sect -ion 11,
Township 29, Range 22 and lying south of the North line
of the South four (4) acres of the West Half (1/2) of the
North Half (1/2) of the East Half (1/2) of the Northwest
Quarter (1/4) of Section 11, Township 29, Range 22
(abstract property);
together with that part of Lots 3 and 4, Block 1, Maple
Ridge Mall, according to the recorded plat thereof lying
west of the West line of the Northwest Quarter (1/4) of
the Southeast Quarter (1/4) of the Northwest Quarter
(1/4) of Section 11, Township 29, Range 22 (torrens
property);
together with that part of Lots 3 and 4, Block 1, Maple
Ridge Mall, according to the recorded plat thereof lying
y�
east of the West. l i.ne of the. Northwest Quarter (1/4) of
the Southeast Quar. ter (1 1 1 1 4) of the Northwest Quarter
(1/4) of Section 11, Township 29, Range 22 (abstract
property)
9Y
Exhibit C
Maple Ridge Apartments - County Road D:
That part of the W 1/2 of the E 1/2 of the SE 1/4 dying
south of the right -of -way of U.S. Highway No. 694, all in _
Section 34, Township 30, Range 22, Ramsey County,
Minnesota containing approximately 5.06 acres. -
Gov
Exhibit D
Maple Ridge Estates Apartments - Stillwater Road and
Stillwater Avenue:
Beginning on the East line of the Northwest Quarter of
the Southwest Quarter of Section 25, Township 29, Range
2.2, at a point in the center of the Stillwater Road,
which is 227 feet South of the Northeast corner of said
Northwest Quarter of the Southwest Quarter; thence South
along the Easterly line of the Northwest Quarter of the
Southwest Quarter to the Southeast corner of said
Northwest Quarter of the Southwest Quarter; thence
Westerly along the southerly line of the Northwest
Quarter of the Southwest Quarter to the Southwest corner
of the Northwest Quarter of the Southwest Quarter; thence
Northerly along the Westerly line of the Northwest
Quarter.of the Southwest Quarter to the centerline of
Stillwater Road; thence Easterly along the centerline of
Stillwater Road to the point of beginning; except
therefrom the following: That part taken for Registered
Land Survey No. 21 and also except part . taken for
Registered Land Survey No. 137, and also' except that part
lying Southeasterly of State Highway No. 212, and also
except that part thereof described as follows:
Commencing at the intersection of the South right -of -way
line of Stillwater Avenue, a /k /a Stillwater Road
Connection, and the West right -of -way line of State
Highway No. 212; thence westward along the south
right -of -way of Stillwater Avenue a distance of 50 feet;
thence Southeasterly to a point on the West right -of -way
line of State Highway No. 212, which point is 50 feet
Southwest of the point of beginning; thence
Northeasterly to the point of beginning. Subject to all
easements of record.
EXTI T B TT r
Main Street Store Maplewood Mall
That part of Lot 5, Block 1, Maplewood Mall.Addition, "
Ramsey County, Minnesota, described as follows:
Commencing at the northeast corner of Lot 7, Block 1, _
Maplewood Mall Addition; thence on an assumed bearing of
S 3 degrees 32' 27 W, along the easterly line of said
Lot 7, a distance of 258.25 feet, thence on a bearing of
East, 44.08 feet to the actual point of thence
N 3 degrees 32' 27 E., 282.72 feet; thence on a
.tangential curve to the right for a distance of 304.55
feet, radius of said curve is 654.67 feet; thence on a
bearing of East, not tangent.to last described curve,
220.00 feet; thence on a bearing of South, 27.90 feet;
thence on a bearing of East, 64.97 feet:; thence on a
bearing of South, 543.50 feet; thence on a bearing of
West, 390.00 feet to the actual point of beginning.
Subject to easements if any.
Mall Addition - Maplewood Mall
That portion of Lot 5, Block 1, Maplewood Mall Addition
on which the Mall Addition will be constructed. A
separate legal description for the Mall Addition will be
established. .
i0 n
Exi 1 i yr F
Cottages of Maplewood
that portion of the following parcels south of Woodlynn
Avenue:
South 662.87 feet of North 1325.74 feet of the East
263.63 feet of NW Quarter of the NE Quarter of
Section 2, Township 29.-Range 22
West 263..63. feet of East 527.26 feet of the North
1321.3 feet of NW Quarter of section 2, Township 29,
Range 22
[an exact legal description will be supplied t Y by
the Cit Y
The Arkell,Development Corporation upon adoption of Tax
Increment Financing Plan for Housing District No. 1 -31
/03
MINUTES
MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY
October 6, 1987
1. CALL TO ORDER
Chairman Fischer called the meeting to order at 2:30 p.m.
2. ROLL CALL
Commissioners: _
Dale Carlson Present
Thomas Connelly Absent
Lorraine Fischer Present
Clemence Kwapick Absent (resigned, but no replacement)
P )
Greg Schmit Present
30 APPROVAL OF MINUTES
Commissioner Carlson moved, and Commissioner Schmit seconded to
approve the April 14, 1987, minutes as submitted. Motion
carried, ayes all.
4. APPROVAL OF AGENDA
The agenda was approved as submitted.
50 NEW BUSINESS
a. Cottages of Maplewood (PUD /Variances /Tax- Exempt and Tax -
Increment Financing)
John. Bossardt (Bossardt and Christenson, developer) , Gary Tucci
(Tucci -Montgomery , architect) and William Bissonett Arkell site
manager) attended. Barbara Kilbourne (Walker Methodist, Hazel
Ridge manager) also attended.
PUD /Variances:
Commissioner Schmit moved, and Commissioner Carlson seconded to
recommend that the city council approve the recommendation
presented in the staff report to:
(1) Deny'the storm -sewer waiver request
(2) Deny the concrete -curb variance request
(3) Approve the PUD and five associated variances (less
than two parking spaces and one garage per unit, less than
4,000 square feet of site area per townhouse unit, more than
/o`f. Attachment 9
eight townhouse units in a' townhouse structure, and less
than 20 feet of landscape buffer along the south property
line) , subject to the conditions presented in the staff
report. Motion carried unanimously.
Tax Exempt -- Tax - Increment Financing:
Commissioner Schmit moved, and Commissioner Carlson seconded , to
recommend that the city counci approve the recommendation
presented in the staff report for the Cottages of Maplewood to:
(1) Grant preliminary approval of about $2.8 million in
tax- exempt financing.
(2) Grant concept approval for about $200,000 in tax -
increment financing.
Approval was subject to the recommended conditions. Motion
carried unanimously
Barbara Kilbourne, representing Hazel Ridge Seniors Residence,
supports the HRA's recommendation to restrict the occupants of
75% of the units to 110% of the area median income. She believes
this is an important safeguard to insure that this development
will not have a negative effect on Hazel Ridge's ability to rent
up and keep the more expensive Hazel Ridge units rented.
b. HRA /HRC Liaison Commissioner Appointment,
Commissioner Ca rlson moved, and C ommissioner Schmit seconded to
recommend. that the city council appoint John Prey as th liaison
commissioner between the HRA and HRC to replace Clemente Kwapick
who has resigned as the liaison.
6. ADJOURNMENT
Chairman Fischer adjourned the meeting at 5 p.m.
�o
Planning Commission - 3
Minutes 11- -16 -87
g. Code Amend nt: Setback to Residential Zones
The main concern w th this ordinance was whether the equi red 20 -foot
landscaped area shoe d be allowed - to e r f i f '
p owed b educed to feet screening
was provided.
Commissioner Ayers move the planning commi ss i n approve the ordinance,
with the exception of sec ion 3, which would al 1 ow a 10 -foot landscaped
area with screening.
Commissioner Cardinal seconde
Commissioner Goins moved the fol owi amendment: "The community
design review board may allow the 1 ndscaped area to be reduced to
ten feet if it includes the scree g requirements in Section 36-27(c)."
Commissioner Fischer seconded Ayes -- Fischer, Fiola, Barrett,
oins, Sletten
Na s-- Sigmundi k, Cardinal, Ayers,
Axd 1, Larson
Motion failed.
Voting on the origi al motion:
Ayes - -Aye Cardinal , S1 etten,
S i gmu nd i k, arson, Barrett
Nays-- Axdahl, iota
Abstentions: Goins, Fischer
Motion approved.
C. PUD, Approval for Reduced Parking and Variance: Woodlynn Avenue
(Cottages of Maplewood)
Secretary Olson gave the staff report. John Bossard, from Bossard-
Christianson Development, answered questions on the project.
Commissioner Goins moved the planning commission recommend:
I. Approval of the resolution to approve the Cottages of Maplewood
planned unit development for one year, subject to the following conditions:
A. This development shall not be converted to nonseniors housing
without revision of the planned unit development. For purposes
of this permit, seniors. housing is defined as a residence occupied
by persons that are 50 years of age or-older. _
Planning Commission - 4 -
Minutes 11 -16 -87
B. Trailers and vehicles that are not required for day -to -day
transportation needs shall not be parked on -site, unless the city
determines that there are excess parking spaces available.
C. If council determines that there is insufficient on -site
parking of ter one year of 95% occupancy, additional parking may
be required.
D. Adherence to the site plan date - stamped October 1, 1987 and
the floor plans date- stamped September 29, 1987., with the changes
required by the community design review board. Future changes may
be approved by the community design review board.
LI. Authorize 87 parking spaces, including 40 garages, rather than the
code requirement of 120 spaces, including 60 garages, on the basis
that:
A. T1he parking - space requirements contained in the zoning code
do not realistically apply to the proposed development, because
these requirements are designed for family housing and do not
consider the fewer number of cars per unit needed for senior housing.
B. The city has approved a reduced number of parking spaces and
garages for all previous senior developments.
C. The reduced number of parking spaces has proven adequate for
a s i m i l a r project in Stillwater.
III. Deny the concrete curbing variance, on the basis that:
A. Omitting the curbing would not produce a development of equal
or superior quality to that which would result from strict adherence
to the ordinance. Curbing adds to the aesthetics and drainage of a
site. Curbing also provides a definitive boundary for the parking
spaces and the driveways that will prevent rollups onto the yard
area, as well as significantly reduce the potential for yard damage
from snowplowing.
B. The variance is not required for reasonable and practicable
physical
development of the site. Rather, this variance is proposed
solely on the basis of financial considerations.
C. Each of the other subsidized seniors residences has provided
concrete curbing.
IV. Approval of a ten -foot setback variance from the south lot line,
provided screening is included that meets the screening requirements-
of Section 36- 27(c). Approval i s on the basis that:
A. There is a need for senior housing.
B. Senior housing creates less noise than a conventional multiple-
dwelling project.
C. The building is only one - story.
Planning Commission — 5 —
.Minutes 11 -16 -87
D. The configuration of the buildings is unique.
E. Certain regulations contained in this chapter do not realistically
apply to the proposed development because of the unique nature of
the proposed development.
F. The variance would be consistent with the purposes of .th i s
chapter.
G. The planned unit development would produce a development of
equal or superior quality to that which would result from strict
adherence to the provisions I of this chapter.
H. The variance would not constitute a threat of a substantive
nature to the property values, safety, health or general welfare
of the owners or occupants of adjacent or nearby land, nor be
detrimental to the health safety, morals or general welfare of
the people.
I. The variance is required for reasonable and practicable physical
development and is not required solely on the basis of financial
considerations.
Commissioner Fischer seconded Ayes - -Goi ns, Fischer, Ayers,
Barrett, Fi of a, Si gmund i k, Sl etten
Nays -- Cardinal
Abstentions -- Axdahl, Larson
D. Tax — Exempt and Tax — Increment Financing: Cottages of Maplewood
Secretary Olson e x p l a i n e d the staff report.
Commissioner Goi ns moved the planning commission adopt the following
resolution:
RESOLUTION OF.THE MAPLEWOOD PLANNING
COMMISSION FINDING THE CITY'S ADOPTION
OF THE MODIFIED DEVELOPMENT PROGRAM FOR
DEVELOPMENT DISTRICT NO. 1 AND TAX
INCREMENT FINANCING PLAN FOR HOUSING
DISTRICT NO. 1 -3 TO BE CONSISTENT WITH
THE COMPREHENSIVE PLAN OF THE CITY
WHEREAS, the City's adoption of the modified Development Program
for proposed Development District No. 1, as enlarged and Tax — Increment
Financing Plan for Housing District No. 1 -3, has been submitted to the
Maplewood Planning Commission pursuant to Minnesota Statutes, Sections
469.124 through 469.134;
Planning Commission — 6 —
Minutes 11 -16 -87
WHEREAS, the Planning Commi ss i.on has reviewed the proposed
modified Development Program and Tax - Increment Financing Plan for.
Housing District No. 1. 3 to determine the consistency of the
Development Program and Tax— Increment Financing Plan to the
.Comprehensive Plan of the City.
NOW, THEREFORE, BE IT RESOLVED, by the Maplewood Planning
Commission that the modified Development Program and Tax - Increment
Financing Plan for Housing District No. 1 -3 is consistent with
the Maplewood Comprehensive Plan.
Adopted: November 1987.
Chair
Attest:
Secretary
Commissioner Ayers seconded Ayes -- Axdahl, Ayers, Barrett,
Cardinal, Fiola, Fischer, Goins,
Larson, Si gmund i k, Sl etten
E. Planning Commi sion Appointment
Commissioner Si ette moved t t the vacancy created by the election
of Commissioner Ross ach be advertised and interviews held according
to the rules of prose ure.
Commissioner Goi ns seco'n ed. Ayes -- Axdahl , Ayers, Barrett,
Cardinal, Fi of a, Fischer, Goi ns,
Larson, Sigmund i k, Sl etten
N. UNFINISHED BUSINESS
X, COMMISSION PRESENT IONS
A. Council Meeti g: Novemb 9 1987
XI. STAFF PRESENTAT NS
A. Council Me ti ng -- November 2 1987: Albert Goi ns
XII. ADJOURNMENT
Meeting ad j urned at 10 :40 p.m.
MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD
TUESDAY, NOVEMBER 24, 1987, 7 P. M, .
1830 EAST COUNTY ROAD B, MAPLEWOOD. MINNESOTA
I. CALL TO ORDER
Chairman Moe . called the meeting to order at 7:05 p. m.
II, ROLL CALL
Donald Moe Present
Tom Deans Absent
Bob Peterson Present
= Jim Kochsiek Present
Earl Marlo Prese
Marvin Eric on Pres t
III, APPROVAL OF MI UTES
A. July 28, 198
The minutes of Ju 28, 19,87, were tabled due to lack of a quorum.
B. October 27, 1987
Board Member Peterson o ed approval of the minutes of October 27,
1987,
Board Member Erick on secon d Ayes- -all
C. November 10 ' 1987
Board Member K�ochsi ek moved appro al of the minutes of November 10,
1987.
Board e
r
M mb Erickson seconded Ayes --all
IV. APPROVAL OF AGENDA
Board ember K hsiek moved of the agenda as submitted.
Board Member Peterson seconded Ayes - -all
V. UNF
IS BUSINESS
VI. DESIGN REVIEW
A. Plan Review -- Cottages of Maplewood
Jo P
John Bossard was resent representing Arkell Development. He discussed
the project with the board. Gary Tush, architect for the project, was
also present.
Community Design Review Board - 2
.Minutes 11 -24 -87
Board Member. Peterson moved approval of site and architectural plans
date - stamped October 29, 1987 for the Cottages of Maplewood, subject
to:
1. Approval of plans by the Community Design Review Board does not
constitute approval of a b u i l d i n g permit.
2. All trash dumpsters shall be stored in screening enclosures with
a 100% opaque wooden gate and shall be a color and.material compatible
with the building. Enclosures shall be protected by concrete-filled
I teel posts or the equivalent, anchored in the ground at the front
corners of the structure. If the enclosed is masonry, the protective
posts may be omitted.
3. Any exterior building or roof -top equipment shall be decoratively
screened and hidden from view.
4. If construction has not begun with 18 months of approval, board
review shall be repeated.
5. Site security lighting shall be provided and shall be directed
or shielded so not to cause any undue glare onto adjacent properties.
or roadways.
6. If any adjacent property is disturbed or property irons removed
due to construction of the site, that property shall be restored and
irons replaced by the applicant.
7. The landscape plan shall be submitted for review board approval
identifying the placement, quantity, size and species of all planting
materials. Landscaping and screening shall comply with Section 36 -27.
8. Reflectorized stop signs shall be placed at each exit.
9. All boulevard that is disturbed due to this construction
shall be restored and resodded.
10. Any waiver of the parking code shall be subject to council
approval.,
11. The applicant shall construct an eight - foot -wide asphalt sidewalk
along their - entire north property l i n e on the boulevard. This
sidewalk shall also abut the east 20 feet of the Salvation Army Church
site if that portion of land becomes incorporated into the Cottages'
site. The sidewalk shall blend to meet all driveway crossings to
avoid any severe drop in grade. The construction specifications are
subject to staff approval.
12. The
property
property
the east+
Cottages
approved
applicant shall present proof of ownership of the 20 feet of
(the Salvation Army Church site) along the west line of his
or revise the site plan to fit the existing lot lines. If
erly 20 feet of the Salvation Army site is used for the
development. the Salvation Army plan must be revised and
by the Community Design Review Board.
Community Design Review Board -- 3
Minutes 11724 -87
13, Approval of drainage, utility, .grading and erosion control
plans by the city engineer. These plans shall include, but not
be 1 imi ted to construction of on -site storm sewer. If the site
will drain south, a pond must be included in the southeast corner
of the site and an outlet pipe from the pond to the storm sewer
pipe in Lydia Avenue. •
14. The driveways shall be posted for "No Parking --Fire Lane ".
15. Submittal of a letter of credit and developers agreement for;
a. The restoration of Wood l ynn Avenue.
s
b. The pond and outlet pipe, if needed.
16. The west north /south driveway shall be named "Frederick Lane"
and the east north /south driveway shall. be named "Beebe Lane ". The
names of the center driveway and the east /west driveway shall be
approved by the director of , public safety.
17. The address for each of the units shall be posted to be readily
visible from the driveways. _ The location and size of the numerals
shall be approved by the director of public safety.
1810. Provide concrete curbing as required by city code.
19. The applicant shall provide a monetary guarantee, in a form
acceptable to staff, in the amount of 150% of the estimated cost of
any site improvements that are not completed by occupancy.
Board Member Kochs i ek seconded Ayes--all
B. Ord i nan - -Metal torage B u i l d i n g s
Board Member Ma to moved the board recommend adoption of the ordinance
to allow metal S t rage
buildings in an M -1, light manufacturing zone, and
also in BC, bus i n ss commercial zones by conditional use permit.
Board Member Erg ckson econded Ayes - -all
VII, VISVWR PRESENTATIONS
VIII. BOARD MESENTATIONS
IX. .STAFF PRES'UTATIONS
X. ADJOURNME
Meeting a t 7:45 p.m.
s
Action b
AI
n orsed
d-
MATERIAL EXTRACTION AND HAULING'
ect 'L, ,
Sec. 36 -582. Purposes and intent. D
The purpose of this ordinance is to promote the health, safety
and welfare of the community and to establish reasonable uniform
limitations, standards, safeguards and controls for construction
activities within the City of Maplewood; and to control the effect of
construction activities upon adjacent properties and other areas of
this city. Construction activities included but are not limited to
activity done with the use of construction machinery, such as trucks,
backhoes, front end loaders, bulldozers, scrapers, dewatering
equipment and compaction equipment.
Sec 36 -583. Applicable to areas where removal of minerals is
allowed.
This article shall apply to areas operated for the production of
public water supply within the city in which the removal of minerals,
including sand and gravel, is a permitted or special use. The
standard and requirements set by this article shall govern the
issuance, renewal and termination of the material extraction permit
required by Section 36 -585 of this article.
Sec. 36 -584. Definitions
The following words, terms and phrases shall have the following
meanings respectively ascribed to them:
Dust: Air -borne particulate matter other than smoke.
Extraction permit or permit: The permit required by Section
of this article.
Material:
Nonmetallic material
found
in the
earth including, but
not limited to
sand,*gravel, rock and
soil,
which
may be covered by
• overburden and lime material resulting from the water treatment
process. -
Mining or extraction: The removal and processing of materials.
overburden: Those materials which lie between the.surface of the
earth and material deposit to be extracted.
Rehabilitation: To renew land to self- sustaining long -term use
which is compatible with continguous land uses, present and future, in
accordance with the standards set forth in this article.
Topsoil: That portion o -f the overburden which lies closest to
F
the earth's surface and supports the growth of vegetation.
Sec. 36 -585. Permit required.
Except as otherwise provided in this article, it shall be
unlawful for any operator to engage in the extraction of materials in
the city without having first obtained a written per from the city
.authorizing the same in accordance with this article.
Sec. 36 -586. Exemptions from permit requirements; emergency
exceptions.
The permit requirements established by Section 36 -585 of this
article shall not apply to on -site emergency work necessary to
preserve l i f e or property. . When emergency work is per tormed under
this section, the operator performing it shall report the pertinent
facts relating to the work to the city manager prior to the
commencement of the extraction. The city manager shall review the
facts and determine whether an on -site emergency exists, and shall by
written memorandum authorize commencement of the on -site emergency:
exception if he so determines. An operator commencing on -site
emergency work shall, within ten (10) days following the commencement '
of that activity, apply for the issuance
on the' issuance thereof shall be require
determined to be reasonably necessary to
impairment occasioned by such work. The
authorize an on -site emergency exception
to preserve life or property relative to
opearation processing a valid permit. If
of an extraction permit and
3 to perf orm such work as
correct any environmental
city manager may also
for similar actions necessary
a material extraction
action contrary to the
existing permit or conditions attached thereto is necessary for safety
_s
reasons the city manager may, upon review of pertinent facts,
.authorize an emergency exception.
Sec. 36 -587. Applications for permits; procedures, contents of
application.
(a) An application for a mineral extraction permit shall be
processed in accordance with the same procedures and requirements
specified in Section 36 -436 Et Seq., of the code relating to
conditional use permits.
(b) An application for a material extraction and hauling permit
shall contain:
(1) The name and address of the operator and owner of the land;
(2) The correct legal description of the property where the
extraction is proposed to occur;
(3) A certified abstract listing the names of all landowners
owning property within 350 feet-of the boundary of the
property described above, and landowners adjacent to proosed
haul roads within one -half mile of the extraction site;
(4) Specifications of the following, using appropriate maps,
photographs and surveys:
3
s
a. The physical relationship of the proposed work area to
a
- the community and existing;
b. Site topography and natural features including location
of watercourses and water bodies;
C* The description and quantity of material.to be
excavated;
d. The depth of water tables throughout the area; and
(5) The purpose of the operation*
(6) The estimated time required to complete the .operation;
(7) The plan of operation, including processing, nature of the
processing and equipment, location of the plant, source of
water, disposal of water and reuse of. water;
(8) Travel routes to and from. the site;
(9) The plans for drainage, wind and.water erosion control, site
security, sedimentation and dust control.
(10) A geology report analyzing structure, soils and related
geological factors to determine appropriateness of the
proposed operation as well as suitability of site to support
subsequent use;
(11) A rehabilitation plan provided for the orderly and
continuing rehabilitation of all disturbed land. Such plan
shall illustrate, using appropriate photographs, maps and
surveys, the following:
a. The contour of land prior to excavation, after
completion of excavation and after completion of
rehabilitation;
4
b. Those areas of the site to be used for storage of
topsoil . and overburden;
c. A schedule setting forth the timetable for excavation
and rehabilitation of land lying within the extraction
facility;
d. The slope of all slopes after rehabilitation and
description of the type and quantity of plantings where
revegetation is to be conducted; and
e. The criteria and standards to be used to achieve final
rehabilitation as well as intermittent stabilization.
(12) A statement identifying the applicant's program to insure
compliance with the permit conditions, method of response to
complaints and resolving conflicts that may arise as a
result of complaints
Sec 36 -588. Council review and approval of overall plan; function of
renewable annual permits.
(a) Approval by the city council of the plan outlined in the
application for a permit under this article shall be for a period not
to exceed five (5) years. An overall plan for material extraction
will be reviewed by the city council.
(b) Implementation of the overall plan shall be by means of
renewable annual material extraction permits. The purpose of the
renewable permit is to assure compliance with the longer - range overall
plan and to retain - the ability to modify existing or to attach new
conditions in accord with changing characteristics of the site or its
surroundings.
Sec. 36 -589. Termination of permite
- (a) The material extraction' permit may be terminated for
violation of this article or any conditions of the permit. No permit
m a y Y be. terminated until the city council has held a public hearing to
determine whether the P ermit shall be terminated, at which time the
op erator shall be afforded an opportunity to contest the termination.
P �'
The city may establish certain conditions, which if not
Y
complied with, will result in immediate suspension of operations until
said P ublic hearing to consider termination of the permit can be held.
(b) It shall be unlawful to conduct mineral extraction after a
permit has been terminated pursuant to this section.
Sec. 36 -590. Annual mineral extraction permits; renewal; conditions.
(a) Request for renewal of an annual mineral extraction permit
shall be made sixty (60) days prior to the expiration date. If
application or renewal is not made within the required time, all
operations shall be terminated, and reinstatement of the permit may be
9 P
ranted only upon compliance with the procedures set forth in this
article for an original application.
(b) An extraction permit may be approved or renewed subject to
compliance with conditions in addition to those set forth in this
article when such conditions are reasonable and necessary to ensure
Compliance with the requirements and purpose this article. When
such conditions are established, they shall be set forth specifically
in the P ermit. Conditions may, among other matters, limit the size,
character of the proposed operation, re
kind or c wire the construction p p P q
re r e q uire the staging of extraction over a time period,
of structure, q 9 9
Cei
require the alteration of the site design to ensure compliance with
the standards, requite the provision of a performance bond by the
operator to ensure compliance with these regulations in this article
or other similar requirements.
Sec. 36. -591. Issuance of permit imposes no liability on city and
relieves the permittee of no responsibilities, etc.
Neither the issuance of a permit under this article, nor
compliance with the conditions thereof or with the provisions of this
article shall relieve any person from any responsibility otherwise
imposed by law for damage to persons or property; nor shall the
issuance of any permit under this article serve to impose any
liability on the city, its officers or employees for any injury or
damage to persons or property. A permit issued pursuant to this
article does not relieve the permittee of the responsibility of
securing and complying with any other permit which may be required by
any other law, ordinance or regulation.
Sec. 36 -592. Fees.
A schedule of fees for the examination and approval of
applications for mineral extraction permits under this article and the
inspection of material extraction operations for compliance with the
conditions of this article and the permit shall be determined by
resolution of the city council, which may, from time to time, change
such schedule. Prior to the approval and issuance or renewal of any
material extraction permit under this article, such fees shall be paid
to the city and deposited to the credit of the general fund.
Sec. 36 -593. Performance bond or irrevocable letter of credit.
Prior to the approval and issuance of any mineral extraction
permit, there shall be executed by the operator and submitted to the
' 7
city manager an agreement to construct such required improvements, to
dedicate such property or easements, and to comply with such
conditions as may have been established by the city council. Such
agreement shall be accompanied by bond with surety or condition
acceptable to the city manager in the amount of the established costs
of complying with the agreement. The aforesaid agreement bond or
letter of credit shall be provided for guaranteeing completion and
compliance with the conditions set forth in the permit within the time
to be approved by the city council. The adequacy, conditions and
acceptability or any bond or letter of credit hereunder shall be
determined by the city manager.
Sec. 36 -594. Hold harmless agreement and insurance.
Any operator issued a permit under this article shall furnish the
city with a "hold harmless agreement," subject to the approval of the
city attorney, and shall provide evidence of, and shall maintain in
force at all times, comprehensive general liability and automobile
liability insurance with limits of at least $300 bodily
injury and $100,000 property damage liability with the city shown as
an additional insured for this operation.
Sec. 36 -595. Standards -- Extraction site location.
Operations permitted under this article shall not be -- conducted
within:
(a) Fifty (50) feet of an existing street or highway;
(b) Thirty (30) feet of the right -of -way of an existing public
utility;
(c) Fifty ( 50 ) feet of the boundary of any zone where such
operations are not permitted; or
(d) Thirty (30) feet of the boundary of an adjoining property
not in mining use.
Sec. 36 -596. Same -- Fencing.
During operations permitted under this article, any area where
collections of water are one and on (1 1/2) feet in depth or
more, or where excavation slopes are steeper than one foot vertical to
one and one -half (1 1/2) feet horizontal, and any other areas where
obvious danager to the public exists, shall be fenced when such a
-- . situation has existed or will exist for a period of five (5) working
days or longer. The city engineer shall review such fencing to assure
its adequacy. He may waive this requirement or require additional
measures based on his judgment and the characteristics of the
particular instances. As an alternative, the city engineer may
require perimeter fencing of the entire extraction.site.
Sec. 36 -597, Same -- Appearance and screening at the extraction site.
The following standards are required at the extraction site of
any operation permitted under this article:
(1) Machinery shall be kept in good repair and painted
regularly;
(2) Other than emergency or minor repairs, vehicle and equipment
repairs shall be made off the site;
(3) Abandoned machinery, inoperable equipment and rubbish shall
be removed from the site regularly;
(4) All structures that have not been used for a period of one
year shall be removed from the site;
All equipment and tem orar structures shall be removed and
t5 ) temporary ,
dismantled not later than one (1) month after termination of
the extraction operation and expiration of the permit;
9
■ s
(6) Where practical, stockpiles of overburden and materials -
shall be used to screen the extraction;
(7) The perimeter of the site shall be planted or otherwise
screened when such is determined by the city council to be
necessary;
(8) Existing tree and ground cover shall be preserved to the
extent feasible, maintained and supplemented by selective
cutting, transplanting of trees, shrubs and other ground
cover along all setback areas.
Seca 36 -598. Same -- Operations; noise; hours; explosives; dust; water
pollution; topsoil preservation.
The following operating standards shall be observed at the
extraction site of any operation permitted under this article:
(1) The maximum noise level at the perimeter of the site shall
be within the limits set by the Minnesota Pollution Control
Agency and the Federal Environmental Protection Agency.
(2) Extraction and hauling operations shall be performed during
only those times established by.the city council as part of
this permit.
(3) The use and handling of explosives shall not be allowed.
(4) Operators shall utilize all practical means to reduce the
amount of dust, smoke and fumes caused by the operation
including but not limited to dust on public roads caused by
the hauling operation. In :no case shall the amount of
smoke, fumes, dust or other particulate matter exceed the
standards established by the Minnesota Pollution Control
Agency:
• 10
�7
s
(5) operators shall utilize all practical means to eliminate
vibration. on adjacent property from equipment operation.
(6) operators shall comply with all applicable city, county,
state and federal regulations for the protection of water
quality, including the Minnesota Pollution Control Agency
and Federal Environmental Protection Agency regulations for
the protection of water quality. No waste products or
process residue, including untreated wash shall be
y deposited in any lake stream or natural drainage system.
(7) All topsoil shall be retained at the site until complete
rehabilitation of the site has taken place according to the
rehabilitation plan.
Sec. 36 - 599. Same-- Rehabilitation standards.
The following rehabilitation standards shall apply to the
extraction site of any operation permitted under this article:
(1) Rehabilitation shall be a continuing operation occurring as
quickly as possible after the extraction operation has moved
sufficiently into another part of the extraction site.
(2)' All banks and slopes shall be left in accordance with the
rehabilitation plan submitted with the permit application.
No rehabilitation slopes shall be steeper than five (5) feet
horizontal to one foot vertical; except that steeper slopes
may be permitted in accordance with the rehabilitation plan
when said slopes are planned for approved recreational uses; .
for example, ski hills and sliding hills.
(3 ) Slopes, graded areas and backf i ll areas' shall be surfaced ,
• with at least three (3) inches of topsoil and planted with
71
i
ground cover sufficient to hold the soil. Such ground cover
shall be tended as necessary until it is self - sustained.
(4) All water areas resulting from excavation shall be
eliminated upon rehabilitation of the site. In unique
instances where the city council has reviewed ro osals for
P P
water.bodies at the time of approval of the overall P lan and
has determined that such would be appropri P
ate as an open
space or recreational amenity in subsequent reuse of the
-- = site, water bodies may be permitted.
( 5) No part of the rehabilitation area which is planned for
utilitization for uses other than open space or agriculture
shall be at an elevation lower than the minimum required for
gravity connection to a sanitary or storm sewer.
4
12 -18 -87
r
MEMORANDUM. Endorsed
odif fi o .
TO: City Mana g e r ae
FROM: Associate Planner -- Johnson 1 �ate ®M4
SUBJECT: Code Amendment (Gas Pumps in a BC -M District
APPLICANT: City Staf
DATE December 3, 1987
SUMMARY
Introduction
Staff is requesting that council amend the BC (M) , business commercial
(modified) zoning district to allow gas sales with no more than two
pumps on a single island,
Background
16 4- 28 -86: Council moved first reading of an ordinance to amend
the BC (M) zoning code to allow motor fuel pumps with convenience
stores as a conditional use.
29 5-12-86: Council denied the above amendment at second reading.
Richard Schreier had requested the amendment for a convenience
shopping center at Southlawn Drive and Beam Avenue. His ro osal was
for two pump islands,
P P
3. 7- -27 -87 : Council amended the LSC land use plan designation to
allow "gas sales with no vehicle repair or maintenance and with no
more than two pumps on a single island to service up to four vehicles
at one time. "
4. Section 473.865, Subdivision 3 of State Statutes states that:
"If an official control conflicts with a comprehensive plan as the
result of an amendment to the plan, the official control shall be
amended by the unit within nine months following the amendment to the _
plan so as to not conflict with the amended comprehensive plan."
Comment: No zoning district that is compatible with the LSC
designation allows motor fuel sales. The deadline to amend the
e zoning
code is April, 1988,
Discussion
The BC (M) zoning district is the most appropriate district to amend
It is the most intensive of the districts compatible with the LSC land
use designation. 'Also, each of the BC (M) districts is P lanned for LSC
use.
Recommendation
Adopt the ordinance on page 6.
REFERENCE
Communi tv Services
The results of a 25 -city survey regarding the regulation of
convenience fuel_ stations is on page 3. Twenty -two of these 25 cities
allow convenience fuel salesIin neighborhood commercial districts that
abut residential districts, generally by conditional use ermit
However, only ne of •P
y these communities, Coon Rapids, limits the number
of pumps, such as proposed for the Maplewood code.
Areas Af fected
A map of the location of each BC (M) zoned parcel that is planned for
L SC use is on page 5.
j 1
Attachments
10 Community survey
2. Map of BC (M) property planned for LSC use
3. Proposed ordinance
2
COMMUNITY SURVEY
Regulation of Convenience Shopping with Gas Pumps
(No Repair Facilities)
Permitted in,Neighborhood
Shopping Districts Adjacent
to Residential Uses How Regulated
.Apple Valley
Yes
CUP for the s um
P P
- Blaine
Yes
CUP
Brooklyn Center
Yes
Not permitted to abut single dwelling
9
.
or town house districts. Requires a CUP
when abutting other residential uses.
Burnsville
Yes
CUP - -No canopies for pumps in neighborhood
convenience shopping centers. Gas must be
a secondary use.
Columbia Heights
Yes
CUP -- Canopy must meet a fifteen —foot front
yard setback. Landscaping and screening
between pumps and residential uses.
Coon Rapids
Yes
CUP - -Fuel must be a secondary use. A
maximum of two pumps per neighborhood center.
Cottage Grove
Yes
CUP
Crystal
Yes
CUP
Eagan
No
Fridley
Yes
CUP
Golden Valley
Yes
CUP for the pumps
P
Little Canada
Yes
CUP- -Pumps must be set back at least
twenty feet.
Maple Grove
No
New.Brighton
Yes
CUP -- Canopy must comply with front and
Py y
building setback requirements, gas must
be secondary use.
New Hope
Yes
CUP - -Gas must be a secondary use
North St. Paul
Yes
CUP
Oakdale
Yes
Permitted Use. Limited to four self—service
service
pumps. 100% opaque, 10 —foot high screening
when within 75 feet of abutting residential
property. Gas must be a secondary use.
3 Attachment One
Permitted in Neighborhood
Shopping Districts Adjacent
to Residential Uses How Regulated
Plymouth Yes CUP
Roseville Yes CUP
Shoreview Yes Permitted.Use. Twenty—foot landscaped area
y p
and no outside displays.
South St. Paul Yes CUP -- Pumps must be screened from
residential uses.
Vadnai s Heights Yes CUP -- Greater setbacks than normal, limit the
hours of operation.
West St. Paul Yes CUP
White Bear Lake Yes CUP
2
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44
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O
ORDINANCE N0,
AN ORDINANCE REGULATING MOTOR FUEL SALES
IN BC (M) COMMERCIAL DISTRICT (MODIFIED) ZONING DISTRICTS
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 36 -155 (c) , (d) , (3) and (f) is amended as
follows ( language to be added is underlined and language to be deleted
is crossed out) :
(c) She -ira-1 Conditional use permit. The following uses may be
allowed h � ��`
when authorized i zed by the city council by means of a s��� -a1
conditional use permit:
(1) All uses permitted in R--3, Multiple Dwelling Dis tricts ,
e*eeft - -t
(2) Laundromat or similar automatic self -- service laundry.
(3) Restaurant, where there are no drive - order windows
or serving of food to patrons in their automobiles. All
cooking odors must be controlled so as not to be noticeable
to adjacent residences,
(4) Place of amusement, recreation, or assembly, other than
a theater, where there are no outdoor activities.
(5) Gas sales, with no vehicle repair or maintenance and
with no more than two pumps on a single island
(d) Prohibited uses:
(1) Drive -in theaters or drive --in restaurants.
(2) Commercial or fee parking lots where such use is the
only use of a given parcel or where such use provides for
general rather than specific use parking.
(3) Uses that involve the exterior storage of equipment,
goods or materials.
(4) Car wash
(5) Public
(6) Compressed natural gas or liquid petroleum gas
dispensing facilities.
(e) Definitions: "Drive -in restaurant" means a restaurant with
a drive -up order window or serving of food to patrons in their
automobiles.
6 Attachment 3
(f) Setback from property zoned residential 44i-e- All buildings
or accessor structures, except trash enclosures_,__ but includin
fuel pump islands and canopies shall have minimum side and rear
E yard setbacks of fifty (50) feet and a minimum front and
of thin Y setback
y (30) feet.
These minimum required setbacks shall be increased, not to exceed
seventy -.five (75) feet, subject to the most restrictive of the
following requirements
(1) Building height: The building setbacks shall be
increased two (2) feet for each one foot the building
exceeds twenty -five (25) feet in height,
(2) Exterior wall area: Where an exterior wall faces a
residentially -zoned property, the wall setback shall be
increased five (5) feet for each one thousand (1, OOO) square
feet, or part thereof,, in excess of two thousand (2,000)
square feet.
Section 2. This ordinance shall take effect upon its asses a and
publication,
p g
Passed by the Maplewood City Council
this day of , 1987.
Mayor
Attest:
City Clerk Ayes--
Nays --
7
Planning Commission _ 3 _
Minutes 12 -7 -87
1 • Limitation 'of the hours f operation,
J
20 Limitation of the h b� of the i
g, dkes.
: r
3. Rehabi 1 i tati on 's teeh i n
4. No on —site re ii machinery,
5. Require per, i t appl i ti on to state
the c e how a will deal with
concerns area res i nts.
COMi ssi one Cardinal second
Ayes -- Axdahl, Ayers, Barrett,
Cardinal, Fi of a, Goi ns, Larson
Rossbach, S i gmu nd i k, S 1 etten '
E. Code Amendment: BC(M) District
, Gas Pumps
Commissioner Ayers move •
M
Y m d the planning commission amend the BC
business commercia ' BC( M),
• Codified) zoning district to allow
with no more than two Pumps gas sales
p p on a single island,
Commissioner Goi ns seconded Ayes -- Axdahl, A ers Bar rett,
ett,
Cardinal, Fiol a, Goi ns, Larson,
Rossbach, sigmundik, Sletten
F. Vari ancet, Bradley (Desoto As soc i at es)
Secretary Olson' the staff re •
Po and discussed the proposed
lot width v
ari anb,e with the commission s,
Richard Schreier, 2.125 Desoto ue '' •
in the q , $t� oned the minimum imum frontage required
ordinances,
Commissioner Cardinal fioved the 1 ann i n •
lot width vari p g commission
i on approve the 2.7 —foot
ance for Lot 4,;` Block 1 Kodale Addition : • -
ton for the constructs an
of a double dwell
on UA basis that.
19 There are townhouses-' to'�-.the south •
. �, ,double dwell � ngs across the
street and multiple dw l i ngs� across the street,
f
2. R -2 toning
3. Change in tho ordinance two •
ye s prior (from 75 feet to 85 feet).
f
4. Lot . s i ie 3"A' excess of 24, 000 s ua q feet
f
Commissione ' dyes- -Cards Ross seconded •
nal, S1 etten, Rossbach
Nays -- Barrett, F i o l a, Ayers
y +
S i gmund i k, Goi ns, Larson, Axdah l
Motion failed,
o di.-11' e
Pej ected,...
Dat e
TO :
FROM:
SUBJECT:
DATE:
Cit Manager
Director of Communit Development
Dege Garden Center
December 30,, 1987
Thy . is item was tabled from the December 28 meeting to await a
court decision regarding the garage on the site. The decision
has since been . made in favor of the cit A cop of the decision
is a ttached.. Council also directed the cit attorne to arrange
a meeting with Mrs Dege's attorne and the attorne for some of
the neighbors to see if a compromise can be worked out,
it �
MEMORANDUM
TO
FROM
SUBJECT:
DATE:
City Manager
Director of Community Development
elopment
Rezoning Initiation- -Dege Garden Center
November 17 19$7
.Introduction
1. George Dege is re ues '
q tang that the city initiate a rezo
for his outdoor sales area, requesting (Refer to his letter on page 2 . He
is re
q i ng th i, s because it is the city � p g ) at
the outdoor sales area cannot attorney s opinion that
of be approved as a conditional us
permit. The city must rezone the outdoor sales area or amend the
he
code to allow such use in an R -1 plan amendment , single dwelling zone. In
addition, a
p ndment will be needed for a rezoning, •
the entire Dege pro ert oning, since
p Y is designated RL, residential to
y. Section 473.865. Subdivision 2 of w
densit t an state law states that
a city shall not adopt y official control which is in con '
with its comprehensive p lan. flict
29 A review of the. conditional
oval use permit issued on December
1986 .. is required. (Ref to the 8
e e condltlonal use permit on page
C ) of city code requires that " p g 4'
Section 36 -442
perm -its shall be reviewed b all conditional use
date of initial Y the council within one year of
ial approval. Y the
Background
On December 8, 1986, . council '
11 revised the previousl a ro
conditional use permit for the D y pp ved
an .outdoor sales area under the Dege Garden Center site to allow
existing canoe A re
Mr. Dege to include a residenti y• quest by
denied. On Ma al garage he had constructed w
Y 12, 1986 a court order re uir as
the garage to remain. This decision q ed the city to allow
was appealed b the '
the Y city
and is being considered by court of appeals,
Alternatives
10 Deny the request to initiate the rezoning. M
petition s' g r• Dege would
then have to get a
p signed by 50% of the property owners
within 200 feet. If Mr. Dege cannot et a •
wire the g petition, the city
would have to re
q e removal of the overhead canopy and
outdoor sales in the R -1 zone.
2. Initiate an amendment to the code to allow outdoor garden
sales in an R -1 zone by conditional use permit. This would allow
the city_ to control Mr. Dege's plant sales through ermit
g P
conditions. It would also allow similar uses in other R -1
districts.
3. Initiate a rezoning to'BC, business commercial and a plan
amendment.. This would allow the future use of the outdoor sales
area. for other commercial uses. The design, however, could be
controlled by the design review board.
Recommendation
I. Initiate a revision to the conditional use P ermit to delete
the approval of outdoor sales in the R -1 zone.
II. Initiate a rezoning to BC for the outdoor sales area and a
plan amendment from RL, residential low densit y to SC .service
commercial for all the commercial uses on Century Avenue, south
of Seventh Street, provided that Mro Dege'submits an application
PP n
for design review board approval to upgrade the outdoor sales
area and screen the adjacent residential lot at 814 Mayhill and
pays the $150. application fee for the plan amendment.
mb
Attachments
1. Letter,, George Dege
2. Conditional use permit
3.. Land Use Plan
4. Site Plan
5, Letter, Carl Norberg,
6. Staff reply
7, Plans, separate attachment
8. Court decision
2
Jeff Olson
City of Maplewood
1902 East County Road B
Maplewood, Minnesota 55109
Dear Sir:
Regarding the continued controversy over Dee Garden '
g Center's Plant Area,
I would like to
point out some facts and ask the city council
as follows: nc some q u estions
(1 ) Although we have been selling pmts (a most important part of our
business) in the fenced area since 19 and •
97 under a canopy since 1981, it seems
to met
that with no complaints for 10 years this has never
for the neighbors -Please be i been a problem
reformed that . Mr. Drwyer cut down all the screening
hedge of lilacs that ran between our Properties.
,� p P S• The hedge was. 10 to 12' in
height. He then
planted small plants in that area.
(2) The garage for my R.V. seems t have been the sore spot with him and
a few others. By making life miserable the plant area, maybe he is
regarding
f eels satisfaction.
• ng some
(3) In Nov.-Dec. of 1986, .
the continued y our c until voted, approved, and passed
ed use of the plant area. The neighbors didn't raise
Now that the R.V. garag is finished se any objections.
.
Again, isn � it seems that. the plants are ob jectiorab�.e._
A _.
g , t this just sour grapes? -
(4) If the Council is now e� to rescind g ng a cind their agreement on the plant
area because of the Special Use Permit, I would like the Council to vote
on approving the Fenced in Area be re -zoned Commercial. T
the problem of spec use, That would eliminate
-.,_ . »...... - .. .. ..' ...... ..,::. ....: ..;.. >. ... .....:..r.} ..n. ..r, a..:... , :.: ........ rrr .:.rri.r.- Jilt
GARDEN CENTER
612=739=83014
831 CENTURY AVE. NOv SAINT PAUL MINNESOTA 55119
(5) The Council M embers were supportive of our plant area and t
pp p a he fact
that if we lose this area, our business would no longer exist. We are only
open 9 'months and all the sales dollars generated by this area are a must
in order for us to pay taxes and stay in operation,
(6) We at D eg e' s feel that with your approval in 1986 regarding he plant
g P
area it would be a good gesture to try and reconcile the objection that this
is a Special Use Permit, therefore, we can't sell plants there. That objection
doesn't make sense to me Apparently your staff, lawyers, and council didn't
think so either.
(7) We spent the $ 150.00 for this ro osal to be heard in 1 86 and
P P 9 we consider
it still the same monies for the same item that was ' on your agenda back in 1986.
(8) I feel that the Council can handle this quickly. If PP
ou approve the
Y
Commercial re- zoning of the plant area over the Special Use Permit for the same
area, it may eliminate this petty , nitpicking because someone didn't get their way,
I am looking forward to working with you on a positive decision for our
plant area. We've been in. Maplewood for 19 years. It would be a shame to close
our doors over this.
Yours in serving the community,
4 Gorge S. ge
President
Dege Garden Center
LAWN and GARDEN CENTER -- GROWERS SUPPLIES
4
-x
r
• k-undl tionai Use Permit Revision 831 No. Centur Aven
Y ue
a. Director of Community Development . P Olson presented the Staff report.
d4
be, Councilmember Bastian i .
introduced the following resolution and moved '
adoption its
8 - 12 -207
WHEREAS, George Dege initiated a conditional use permit revision fora
parking lot, outdoor sales
area and residential garage in an R -1 zone at
following- described property: the
Lots 31 and 32, Block 1, Cahanes Acres
This property is also known as 831 Nor
. th Century Avenue, Maplewood;
WHEREAS, the procedural hist •
follows: o rY of this conditional use permit is as
1•
This use permit revision
n was initiated by George Dege ,
Pursuant to the Maplewood Code of Ordinances.
2 • This conditional use ermit
P revision was reviewed by the Maplewood
. Planning Commission. on November 17 1986. The planning Commission
recommended to the
City Council that said permit be approved.
P ed.
30 The Maplewood City Council held •
1986. Not' a public hearing on November 24,
ice thereof was published and mailed pursuant
persons present at said hearing ant to law. All
were '
g given an opportunity to be heard
and present written
statements. The Council also considered re orts
Planning Commission,
and recommendations of the City Staff and P1 P
on.
4. The City Council gave relimin
P ary approval to the conditional use
permit, except for the residential ara a on
g 9 , November 24 and
tabled final action until December 8, 1986
revised, to have the resolution
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEW
O<JD CITY COUNCIL that the 1971
conditional use
permit .for an off - street parking lot is renew •
renewed and revised
to allow an expansion of the parking lot from 28 to 33 s
]?aces and an outdoor
sales area under an approved canopy, the residential garage is denied on
basis that a garage is not ' the
'parking' as envisioned in the original conditional
use permit and is, therefore, beyond Y cope o f a use . Ap-
proval of the
permit is based on the following findings:
1. The use is in conformance with the City's •
y s comprehensive plan and with
the purpose and standards of the zoning
outdoor sales are nonconforming co d e• The Parking lot and
g uses. The parking lot is needed to
comply with City * parking requirements.
2. The establishment or maintenance of the use se would not be detrimental
to the public health, safety or general welfare.
3. The use would be located, designed, maintain
compatible with the c maintained and operated to be
character of that zoning district..
12 /g
Attachment 2
5
M
t 4. The use would not .depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to
present and potential surrounding land uses, due to the noises,
glare, smoke, dust,.odor, fumes, water pollution, water run -off,
vibration, general unsightliness, electrical interference or
other nuisances.
6. The use would generator only minimal vehicular traffic on local
streets and shall not create traffic congestion, unsafe access
or parking - needs that will cause undue burden to the area prop-
erties.
7. The use would be serviced by essential public services, such as
streets, police, fire protection, utilities, schools and narks.
8. The use would not create excessive additional requirements at
public cost for public facilities and services; and would, not be
detrimental to the welfare of the City.
9. The use would ,preserve and incorporate the site's natural and
scenic features into the development design.
10. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions.
1. The site plan submitted by Mr. Deqe on October 27, 1986, except
for the garage, shall be considered as part of this permit. Any
change must be approved by the Community Design Review Board.
2. The parking lot may only be used for parking for the Garden center
building.
3. No commercial use for sale, storage, display or advertising signs
of garden materials, plants, or any other kinds of goods shall be
allowed anywhere on the legally described property to which this
conditional use permit is issued, except under the approved canopy.
The canopy shall not be enclosed. Sales shall be limited to nur-
sery plants and covering straw from April through September. No
other type of sales or storage shall be allowed.
4. No portion of this site shall be used for truck or trailer storage.
5. Review, renewal or revocation of this permit shall be in accordance
with City code.
6. Any trees on the site that die must be replaced.
7. No exterior lighting or speakers shall be allowed.
_ Seconded by Councilmember Wasiluk.. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Wasiluk
Nays - Councilmember Juker.
C. Council referred the question of the City participating in the costs to
remove the garage to the legal staff.
6
1
t`
I•
•
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SC ` Revi`sed:
. 3 -3 -83
� inter 4 -15 -83
change I - 94
6-27 -83
' 1 -Z3 -84
4 -8 -85
r 10-10-86
beaver Lake
ma le wood
NEIGHBORHOOD LAUD USE PLAN
' •. Attachment 3
7 19 -21
1
SC
.t
AC
vp
Minnehaha
t t-
Conway
SC ` Revi`sed:
. 3 -3 -83
� inter 4 -15 -83
change I - 94
6-27 -83
' 1 -Z3 -84
4 -8 -85
r 10-10-86
beaver Lake
ma le wood
NEIGHBORHOOD LAUD USE PLAN
' •. Attachment 3
7 19 -21
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TO* HONORABLE .: MAYOR -AND '' MAPLEWOOD., CITY COUNCIL t
.,y- , ,' c !. 4 to 'K` a •• '�� i• �.. *: -:� r: j 'f�' t ♦. 'i tt .;l•:1, ;. - ,
•w t• • `;4 , •. �'''`. �,'L•iR �� - X I _i �'�+ L>r� �;. >l r i «; 1 . +. t
•' � ��:�';�•.• �� '►t•'� � ' •;i r } ^�'�r�i+i \,N; �!. t •'�); •f' � •T! jjl � l .� •,'! •'�'T�titt' ,a'}i �• A • ,• ` •'.. '
. .:,~ ,As' you kno•�a,.�� Uz represent.,4 the'�-neighbor
to s (immediately add acent* to
enter. • '1'I �.am'w unable : ~ be :. resent this evenin 1,1 s
' Dee Garden C i' z P 9
g .,
1�1 • i • J•
• : - k • because of •- another -- commitment,'••- and '.wish to appear on, their behalf ,
by' means ' tof =.this.t' letter. * * • Several''' of'�,;.tlhet; neighbors are present,
s.'. and. a.vai.lable,:�,to.,, respond' to. questions _.. ,•,I• ..• �. �•
•, ,t 1 • a• '1 �1 r•, ; } t �A ���� t•( ,`^t:� i !r ..���. 1+ �,� : r s • • , .
• •' � ` +� � t . i. :I• r .� • • 1 i' - i. �,• � ♦ `! ••s �' • ..
-The .neighbors request�.,':that the council deny the request for `
rezoning at:• this dime . "� They are particularly concerned that the �• `'�
i S
. depdrtmen•t t o '
`' Icommunity development appa
f '' '• , ren_•tly to
on its wn' +:
•. init-.dative 1- and` disre ardin what the `, neighbors thought were •' •:. i
•..orlc-joing
zezonin g and ! increased commerciali� at�.on of - the , n� �. hborhood thatl negotiat ions , appears to be recommending a broadeL
• g , �` .�. `•.
• +� / • '• .
even ' re uested.r,b •�. i�Ir �;��De a •r������:�• :�'� '��t••..r�} ��.. _� .i: , L,, . . ,.. • ,. '
q
•• • ; .M„• +. 14.1 .. . w .tt.. ; *i• ,I ••S �.�.. .�. - • +•
111 4.
Indeed, until ,.he neighbors learned department ;that the depatment of
communit develo ment had ' laced this ' matter before you this J ,,
evening, they ..' had assumed that . .s an attempt - at a nego..i.a ted
settlement• •., was , - be ing .� worked on . hlr . Dege was last be f ore the '
council on June 22, asking that his conditional. use permit be
�,� ... amended to },:...legalize his outdoor ' sales' area. The neighbors
1 appeared.' in -opposition,: and`.,the,; city attorney advised ' that the
,`�'• outdoor sales' area could t not .' be Y permitted under 'the onal ..'
use permit, but that a rezoning would be necessary. The matter,
was ref erred *- back . to the •' department of community • development
Thereaft • � . on ' October ' 9, a meeti.n g ' was held at the instigation
of the ' city. "..., Present were Hire Olson, Mr. Bannigan, John Daubn1.e..y, !
` at•torne - for `'rrir . ege, and myself . My understanding of what
transpired at `,that meeting.',.was • that • it was agreed • that T -1r ,, Dege. ''.•'
tt would attempt to formulate '.a :r d . proposal that the neighbors •:�
". �' could find ace table and that there would be opportunity fOr� ,,
reaction `' to the proposal by `he neighbors and construe `i ve
7 - I-
int_erac.tion . y lair Dege before the matter was again placed . f
before ' the counc i 1. �� I I f
no= . ,} he neighbors found the propos a 1 _,
'� the' council t
a o initiate 0.
;r: cceptable: ':there should be : need to 1 as.
"A
,a rezoning"' since • the•` requisite number. - •of neighbors presu
would sign ` Dege s • petit;.on . '' left the : teeting understanding . '
that we would be....hearing from Mr Dege . We have heard nothing
from Mr. Dege. The" neighbors are puzzled as to why the
de artment ' of , community :'development has elect.. •to ignore the
understanding '- reached At the October 9 meeting and now asks you
• to initiate an even broader commercial rezoning before Mr. Dege
' . has done anything .
' 9 Attachmen' * 5
1
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'� • . ��ayor and �sa � `yy t��/ '■ lewood Cit Council' �' ?. R', ; :• :. ,♦ . _ {,,.,( «,`,.x'f, T_, k ° 1
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• ♦ iD'' i �i •e 1, Ir. Y. '• •, r • .• 1 • r 1!• { 7 , i • '; +i§ •; ,{y :; r,�J, � ' '1:l M -
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' _ .. • M 1 : •... : • f 1. M: '•0 • n,t ''y'.' 11f �•; L +'• y ' �.. •. ii / , • • �'' t /') •. �,, • • l • t.,1}f tl•2 t , / •, 1 7 'r` . ' 1r ,•• �..,r. y• I :• ,
` •.. , • 1• •� •+ ' t , � • ,. • ,• - 'r' t.� "'^ ".t�I' :W�•. j'..f.• �• t'p'1_l �ti`t:',•,` ia'�t� ).t'. . 7.•f: f • 1', \1. • • •1.`f t , ' I , a • y
_� Olson indicates iny�'.
•. ! Mr. his memo that. the ` issue j of 'the D eg
_.
.: .a'►' t. • •� ,�iN. • +i' ,a _, / \ ► ._ pole �'", . `
barn is now on i appea1K •.to the • Court' 'of Appeals . This is another' r - :1
...
reason wh . the . - i.council W shoul • '
y \t •,;_ d,' not . i.ni.ti.ate a-. rezoning now. The
neignborsf >feeli strongly ' rthat : ti.the •c�.t '� has t� the authority.
:. , . Y horn to. t�
require removal , . thet7 pole , barn, tti as the. ' council voted, and thus
.they�� par t,> cl,ated. in matter' - before the' Court of = Aa :L =
:. w ��i t .; a. .. .. e a l s b y
, j::.• {�•.
means aam�.c ''•curiae , �.�,�, • The � be ,
., ;. us -- y believe the city s� ••
• s�''.�`
attorneys.... dial ' an ; excellent ' ob resentin the ••• ' + •� � �
• ] P g city s . position,
,••
•. } • • � • r :' : •• • •ate' • '.from, ' • . • y
and a a confldent,,� -] udgi.ng the nature - and tone of the •:
• , questions asked,/ by`�i the Court, of - Appeals ; at oral argument that
the city will prevail on ' •its. appeal, : 'They were heartened b
'•• Y4 °- Judge Sedgwick :_s remark,; :at \, oral ar ument.. to the effect � .ha t It Z s ,
the neighbors, r who buy their homes and rearlin in their homes in
• . reliance on the ' stabrility of. ` zoning, i . e . , that residential areas
} stay residential who have a high stake in a comprehensive zoning
t•;::-t plan,, The � neighbors ,believe
'that -- -what,. the Court. of Appeals may-: do could range from. ' simply remanding the matter to the trial
, • court for an evidentiar ' hearing to a remand with some fairly
Y g�
' '• •precise - .and ` narrow ' instructions as • to' the proper standard of
proof to be required 'to. establish Mr. Dege' s alleged reliance on -
'''�� 1 the � negligently r �.ssued,buildin ei In an event what g P y , at the
Court l of Appeals ; does could well ' have an impact on hog, t his
is
entire matter is '• ultimately !resolved. Tt seems to us to make
y
(•sense under the circumstances to take no action pending the Court
'..' of Appeals decision'. The most ' of f ective ' way to take no action
would • be to deny the request, that : the council initiat -e the .
rezoning and thereby force �lr . Dege ' to negot i ate in ood faith
. g
wi.th.• the neighbors,. something he has - not • yet done.
. , fit `ached to . - the ' memos andum from •she ' director of communi .
. development • i s • a le ter f rom Mr . , Dege:. to Mr . - Ol son da wed August
: ,18, 1987, wherein , 14r.' ' Dege makes_ eight ' allegations. The . '
neighbors feel "compellled ' to respond, to his • allegations, since -
they appear to be the fundamental" •• document submitted . to the .;
r Q •
; s council ',by -tile department ,.; :r and . do so as follows • -
It is' note true '� that there ' have been no com laants from
nei hbors ; ` a.n an 4 - the number of comolaints is not
.
g y., even,., R
.'
determinative ' of• whether•• Mr. .Dege has been oper ati.ng illegally. • ; a:
In f act , Mr,, Dege•,' f of lowing complaints f rom the ne i g hbors , was �
• :•: red tagged in X for sel�:ing merchandise from a lastic
.r..:_'. gr..enhouse in - the R 1 area. -- Following : that, he began selling
lants under . an; outdoor ' ,ano . that • ' n r
. .- . P ' py 1 c easingly encroached onto
the R -1 .': area. ::=;'The .council "was told last; November - that- the only - �•
city - approval �t�`for ,this -_:was ' a ermit issued 3 23 81 for a
_ P / / ,
�•. temporary ,structure with �, a, plastic rood that was removed on
7/31/81. Since • then . Mr. Dege has constructed a year -round • .`
• plexiglass canooy in violation of both the zoning ordinance and `.
r the special use. permit
, r .:
The "hedge" : on ' Mr . Dreher' s property t hat Mr . Dreher cut down was •:
not- lilacs; it was honeysuckle, and it was cut down approximately • =
seven years ago because many of the plants were dead f rom overage
and overgrowth, and because the plants were deciduous and offered
1Q
(•.• • 'V% �� ! � -. •� t }5'}••w t, u.l .K A• r t.••y ,1. } �.;• Y,/. ��1> �•' 1M '! ""?`'!' - . ` , • , •; , �
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t.��f.,i� /. ,. "W}�'t• .'� -••.� �I.. !i' .l I.r'I�,��,"' • �I 1��j� ,i •�
• i ` ., • � • '1h�r a • :�`• J .'•! :� f � �• � r v..• �:. \' � , ' ' •1 a ' s •
AD
Mayor , .and Ma�olewo.od C�... Councils :;'t .�.- r,�, :� -`•., �,,•�
• � t {••
g
November.' 2 3 R ' tr B . 1., ' / c,� ('r l t ��f., a �• 1 ��i'r �,• C , t '!• . } � • `.i r t ..� i 1 • :
,. � �• ,' • t� ++ , t % � a ..2'1. .. .1 ��. ({ � i � f� J � S.,La,�., 1 1 • � "'��, 1, •' /t�a .• 1' ,• j� ! . •. ' , .. •' � f I - , . r • •, ,
p ge 3 ,K.{ k!!*I�,s :11'•♦k�`'ype� :/ • a,� : ..;;�•, '6�r�;..: , '� • i ta, �.`. �f .
• 1 / S •' t4.. i1 11 7 ii L� +tSH :�� r• f :(+ j .• , .y• 1. /•.'•�• : ►'�.� t.� 1 } 1 � • b { ± �• . • ''' • I • f
'.• •h , , �•.. ,.. . :. .�i •'1 l a:, :►• � } :•f 1 ,�• r �..•• �t''C' `. .�, � '• � tFI J 4'A I
• ,! j, s .� � w f • •.
7 ♦ .' .^, ! ,•1. , . 1. f 1+, y Y ♦ • ] t . i try► ty 1 • i' ..S •. . •i 'T +' + �• `.' f r.
1 •.� f1 "i •A l` ` y••��t i.�•� IA; �;��5 LI7 *u • .,1 ,•, • -� , 1• •�.• •.� ,• • • \'1 • I, '
.' '- ','•�. J • , .','_r •�,..�. '_ ' j �I"�1t:`Y r ► •.' • �i , / 7 / 1� � ~' art �� r •�� .,'� �...3yI.1'•f( ':���� ..i� t ,� . �• v, • 1 ..., I .•` .�, •.
'• - .\ ✓ ''� �• ` '•�•,•^' .�.•.� ,.r1 •�. a 'it I•, i t ; ♦� � �� j • il.t a I• • '��.- � . .► '•• L a• � - Y ' �.
' T 1. t 1 m,
• little i f any.. f rom 4r . t Dege ' s property,'
ro pert '
. • � g ; ' P P y - The plants
were replaced•= with evergreens which' are' now growing but which,
- 1 ' • . 4 • w t', • i ► • i nadequate-screen i ng,
• ..
though an, ,i.mpiovement,. ;t� ;'sti.11" ' provide t
i � ••} •• � • i �. -'I f,' .�� . ±;,�� •at�i,j•�A�{ � r �,• 4 •1'Zf,J• ti.: ti '• f l f � if t1� �t•�.• 1 • '••• � _ � ,'
. �(�• ••, •. 1~.•. , { �I .+ Z J•,'S S •1 .%, , •1/ � t .►�•.Z � .� , Ii : J .� d •�• :V t i . I' - • 1 , . .•, •• t 1 ' �.i G L r -
'{ ` ' , • ' .,� 1 • a ' •� v u • �• ' . • %. f '.1 • i . , • 1 ' , [ �1 , •; y I ., 1 1 _ .� !) t • 4 '
vA
',�.••� ( ) s', .already. .� noted, ho,the... t of • � the- } pole barn. has already ` •` `
• :• :. :, � been decided- b 'the' 'M
• y .councilt'\ ands i.s :•.before .* the Court 1 of Appeals
Jew �• s, if • in, fact , the objections �� coine % from l a few, Mr Dege should
Ti
h ave'.,,. no,r��- ,.r ouble securin �' •enou si g natures i �,i f i others t to
•. ir • • • �► • y. • ; • j1 t. ✓ }1 ..y e s• '`{:5 "�.. /� j *4 'I
n te a, ezo 4 t;: •1. `I;i,c �✓ • I • •,. . •j +
;• F , i .r. in a ion�� �s�., r , . i . :.
'` ! 1 .., ., l - v'M t1' �• gt•.••bY +. p I t i t .;� .• f . Y+�1•: . ; r, ! S ..,,• '� r� t + :' • 1 .t •• • 1
, . . !� � �!t•• • irk • '�5 �i�'t� :}S• �,.,� - ti;r r -, ;f't•. * r. �. al � i• 1�J *.. f F• �. {► • r1.:�•'' � •' f •t - � -
• �.' •' n. . . d,1 ' -'�•,: ,•H: . G _`• • N,: 1•± �ti �• f .t �► l' s a•,,;•i. • ,� ,• • •'Jr 7 � r � . M / I'•.,, 1 �••.• •�- ^.. ,. •• � '•�' .t � �� ,• •
. • • . ' 1. ` , 1 • 1: t, t 1 t.. ` =S /' •A ! ',� > � � ta . i, t• r •: .� ' i • I
,I •• ., .♦ 4 1 ., �± ✓ •; •'l.. � �•�' -L 4.� /I.•' '�'' a jlfi •A� ��, tJ 11 • r'� • � • �tiI i,J �• �� • t � ,.�• • ' •t, • . - ; • f. �',• �
t .It I t '�• , .. �": 7f� t• t • • � .l � t \ I '•,• � N � ; ".• . • , , -
a.,• (3) - •The .' , nei ors,• cert td t
ainly objece • :
Q hb o .= continued use o f the
i plant•. area.�1 ` :��' however, - that "'�a' ' com romise had be •✓
;,. p d n e
reached in •thee council:.'* `vote which" they could accept, and their. f.,
. • /understanding i ° the4 pole barn '•would be removed. •-
• 1 . _ �; • fj • • • 1 • (: �!! .. t -_ ' 11+� 't ,�. .,< tt
J 6
`, 7
I ✓ � ' ,�' - • A _• .. .♦ {���((( :• ; �)• .�i :••�•�.1 '� �' �•�'J • �f • , 1 ~ t• •i �
` .•I y I i • ♦ ,' y►. L•r .) fi f, • *A •.lZ+ .•.,} + •• t t ♦' ' cam' i t � ± �J + ', � y 1 ` • • , ,
( ) ale have - , addressed .:th ° meritsi of: ' a , o - •�
y e,O s, , c unc.il initiated
iG
0.
(5.) The neighbors hbor s have no f t :
. 1, g . • desire to see . �►Ir . Dege go out of •
.,;,.business . • However, ... they al so.. f eel'-. that 'they-have a right to rely
: on the . res identia • integrity', of ' their neighborhood. .P hey f eel•:''
•
that Mr.' Dege has many available f' ' R
g y to , hire, and are
., to • work'..with him.. He has made no•; attempt they feel,.. :
work with them.: ,
( 6) We do not ,, understand what point Mr.• Dege • is attempting to
make
' 7) Obviously, what fees fir . ` Dege:: should pay should be subject
'•;•
:to administ_ rative ' inter rotation. - '� Y,e .,have no p osition. on this ��•
point E N � j 1 ��.. : ; • ;:' '.: , -;, .
• •• �' :S '•1'.. •i7 • • v •: / r.• , •„ a . apt• � ��.- S� r 14 .t ; � �• , �.� �- . • \
;.• . •' '� y �' f .. ! • ;11;.. {. !.t w it.' i .'�: •. ... •' y ' a t •� t t
• (8) Again,. they implication is that Mr. Dege's disagreements with • ,• ::
the neighbors ' are only with . a sinall minority,'' t . if so, as already
`'•� noted, she• ;: should., +not, need 1 /- :.council- ini tiated . rezonin
• `' 't. .',• ;• ... ,. ` •11 '. � t�'r•�' { �••7,�•.,��•1 y� L„'�i *y�ff'' �•1%�'' �1�w :l Y I` e.' A� t �. ♦ '. t• r •. ► ,S.•, �} t •. 1 • .•. , �,• •� •
t `K F, t y.f ••�•• ?' Y)rj ���' %7 ��� *4.!�\I-- •1 :S + . , y a .�}• �y' � . •! � r i .t : • .Z • 'i �_ +•
4 Finally,' werei.terate.: that �.f - Mr.'De a were •�o come u with an
�• appropriate plan.. present +it.w'to \ the• neighbors, he ought' to be
a ,- able to win the. ' ; approval - r of ' : a simple : mad ority of the add acent
s K %;
property owners .O '} If he cannot ,• persuade the neighbors under these
circumstances, and 'given. his failure • do an thin following
the
Y g g
commitmerits .' made by r' hi s attorney • at t the October '9 meeting, and ; ;' • '
,.-` the ' pendency of -the pole barn matter-in the Court of Appeals, we
,�. cannot understand. why ' - the Council on, its • own initiative should.
. -. now vote. to "?• precipitate another. 'confrontation with - the
: ''� imn►ediately adjacent�,residential neighborhood.
Carl E No r berg
CEN: :. :�•s
d4 ; maplewoo :; .•� , IT
s }
MEMORANDUM
TO: City Manager
FROM: Director of Community Development
DATE: December 14, 1987
This memo is in response to the preceding letter from 'Carl
Norberg . The last i i ne of Paragraph 2 states that the department
of community development "appears to be recommending a broader'
rezoning and increased commercialization of the neighborhood than
even requested by Mr. Dege This statement is in error. The
recommendation in the November 17 staff report is to "initiate a
rezoning to PAC for the outdoor sales area... " This is the area
requested by Mr. Dege. There is no "broader rezoning" mentioned
by Mr. Norberg . He may be conf using the l and use pl an with the
zoning ordinance,
The staff recommendation also recommends that the city initiate
a plan amendment from RL , residential low density to SC, service
commercial for the commercial uses on Century Avenue south of
Seventh Street. As was stated in the staff report, Section
473.865, Subdivision 2 of the state statutes, states that a city
shall not adopt any official control which is in conflict with
its comprehensive plan. Since the Liege property is designated
RL, a rezoning to SC would be in conflict with the city's plan.
A plan amend men t is, the ref ore , required to rezone the outdoor
sales area. The adjacent businesses should a l s o be included.,
since they are designated for RL use on the plan, but are
already zoned 8C. A a copy of the land use plan is included in
the attached staff report of November 17, 1987a
The last sentence of page one of Mr. Norberg's letter states that
"the neighbors are puzzled as to why the department of community
Y
development has elected' to ignore the understanding reached at
the October 9 meeting, and now asks you to initiate an even
broader commercial rezoning before Mr. Dege has dune anything."
The request to initiate this rezoning was made by Mr. Liege in
his letter of August 18, rather than the department of community
t
p Y
development. Mrs Dege 's request has been delayed since then
because of other staff worm and to give the opposing neighbors
and Mr. Dege a chance to word; out their differences. In an
effort to assist in this process, the department of community
development and city attorney arranged a meeting of the opposing
attorneys to try and f a c i l i t a t e a compromises The recommendation,
i n the November 17 staff report reflects the agreement reached d at
this meeting that staff would recommend a rezoning in conjunction
with Mr. Liege submitting plans to remodel his-sales area and
screen Mrs Dreher's lots Mr. Ilege's plans for the screening and
remodeling are attached. If the city initiates the rezonin g and
plan amendment, Mrs Dege will submit a formal design review board
applications Initiating a rezoning only allows a ubl is hearing
9
to be held. It does not obligate the city to approve anything.,
12 Attachment 6
It has never been the staf f 's intent , as Mr. Norberg suggests on
page two of his letter,, "to force Mrs Dege . to negotiate in good
faith with the neighbors :.." In the f irst p l ace , there ar e
neighbors both for and against Mrs Liege. Theme is no one p erson
representing "the neighborsall Secondly, previous court decisions
have consistently ruled that a city cannot delegate its decision
making authority to the "neighbors .
It was necessary for the council to consider this on November 23,
since Section 36- -442 (e) of city code requires that "all
conditional use permits shall be reviewed by the council within
one year of the date of initial approval . " The previous P erm i t
was approved on December 8, 1 986. This was stated in the staff
report. The December 8 permit approved the outdoor sales area
Since the city attorney has ruled that the outdoor sales
are
cannot be approved as a conditional use. permit, Mr^ . Dege it
requesting that the city initiate the rezoning, He feels that
since he .previously applied for the conditional use er '
p mit, with
the understanding that this was the proper procedure the cit
should rectify y the procedural problem e
P p m by initiating the
rezoning. Staff concurs
mb
13
• . • _ . ....�...�YI.� ..►.M.. -_- Y t+.. . . .. . .. Y N� � IF MMM�I • _.1� 1..h
STATE OF MINNESOTA . ,
COURT OF `A0kiL ,
I� N � S
I. .
C9-87-15 - 7 4 - _ _.. �.... r._. �....... �..._ _...�.._......r�...��...�.�...�
Ramsey County. Sedgw.ick, Judge
George Dege, d.b.a. John E. Daubney
Deg Garden Center, 70 0 Amhoist Tower
345 St. Peter Street
Respondent, St. Paul, MN 55102
vs.
City of Maplewood,
Appellant.
Patrick J. Kelly
John F. Bann i gan, Jr.
James J. Hanton
409 Midwest Federal Bldg:
50 East 5th Street
St. Paul, MN 55101
Carl E. Norberg
800 Amhoist Tower
345 St. Peter Street
St. Paul, MN 55102
( Ami cu s )
Filed: December 29, 1987
Office of Appellate Courts
S Y L L A B U S
The trial court erred in applying estoppel and granting
summary judgment in favor of respondent.
Reversed and remanded.
Heard, _considered and decided by Huspeni, Presiding
► g ,
Jud 9 e Sed wick Judge, and Lommen, Judge.
9
* Acting as judge of the court of appeals by appointment
pursuant to Minn. Const, art. 6, S 1.
0 P I N 1 0 N
SEDGWICK, Judge _
The City of Maplewood appeals from summary judgment
granted to Dege. We reverse and remand.
FACTS
Albert and George Dege own Dege Garden Center in
Maplewood. In 1971, Albert Dege obtained a special use permit
from the city in order* to construct a parking lot adjacent to
the garden center, on land zoned for resi dential use. The
special use permit allowed customer parking but prohibited truck
or trailer storage in the parking lot. The special use permit
also required a public hearing * prior. to any modi fication of its
terms.
In 1986, George Dege obtained a building permit from the
city in order to construct a trailer garage on the parking lot.
After construction had begun, neighbors complained to the city
that the garage violated the conditions of the special use
permit. The c i t y issued a stop order prohibiting Dege from
completing the garage, and ordering him to remove it from the
premises.
Dege applied for an amendment to the special use permit
so that the garage could be completed. The city council denied
his application. Dege filed a declaratory judgment action
against the city. Dege moved for removal of the stop order, for
an order estopping the city from asserting the permit was
invalidly issued, and for protection from civil or criminal
contempt. The trial court treated this action as a motion for
summary judgment. The trial court granted summary judgment in
favor Dege.
ISSUE
Is the city estopped from enforcing the terms of the
special use permit?
ANALYSIS
On review of summary judgment, the appellate court must
decide if there are any genuine issues of material fact and if
the trial court erred in applying the law. Betlach v. Wayzata
Condominium 281 - N.W. 2d 328, 330 (Minn. 1979) .
The city claims two issues of material fact exist.
First, the city claims that the extent of Dege's knowledge of
the existence and conditions of the special use permit is at
issue. Second, the city claims that the extent of the garage's
completion when the stop order was issued has not been fully
discovered.
Special use permits, like all provisions in local zoning
ordinances, are not personal licenses but attach to and run with
the land. State v. Do_tt , 396 N.W.2d 55, 59 (Minn. Ct. App.
1986) ; see Pelser v. Gingold 214 Minn. 281, 285 -86, 8 N.W.2d
36, 39 (1943). The conditional use permit remains in effect
until its provisions are violated. See Minn. Stat. 394.301,
subd. 3 ( 1986) ; see also Orme v. Atlas Gas & Oil Co. , 217 Minn.
27, 13 N.W. 2d 757 (1944)o The landowner has constructive notice
of the permit after it is issued. See LaValle v. Kulkay 277
N.W. 2d 400, 402 -03 ( 1979) (purchasers had knowledge of
restrictive covenant contained in deed)-* Strauss v. Ginzberg
-3
218 Minn. 57 15 N.W.2d 130 ( 1944) (Purchaser's knowledge of
restrictive covenant presumed). In this case, Dege's knowledge
of the 1971 permit is presumed as a matter of law.
The extent of the - garage's completion is not a material
fact affecting summary judgment but is germane only to the issue
of estoppel* 'Dege asserts that he changed his position in
reliance upon the building permit to the extent that it would be
inequitable for the city to require him to remove the garage.
Dege spent more than. $10,000 on the garage's construction, and
it would cost more than $1500 to have the garage removed from
his property. Dege contends that the city should be estopped
from revoking the building permit, and estopped from enforcing
the zoning ordinance and special use permit. The city does not
dispute the fact that the garage was substantially completed.
The application of estoppel is a question of law. State
v. Liepke 403 N.W.2d 252 (Minn. Ct. App. 1987). This court is
hesitant to apply estoppel in zoning matters, and will apply the
doctrine sparingly. Rid gewood Development Co. v. State, 294
N.W.2d 288 (Minn. 1980); Liep ke, 403 N.W.2d at 254.
The trial court concluded that L ie2k e was dispositive of
the present case. However, the facts of Lie ke are
significantly different from those now before us. Liepke
presented plans to expand his detached garage into a building to
store heavy equipment for his construction business. His permit
was granted and the building was constructed with the active
supervision of the Eden Prairie building inspector. When the
building was 90 percent completed and Liepke had spent $30,000
- 4 -
the structure was red tagged as violative of city use
ordinances. Unlike the present case where Dege had
constructive, if not actual, notice of limitations placed on the
property by the special use permit, Liepke proceeded in good
faith. and neither .concealed facts from the city nor violated the
conditions of any permit.
In Liepke, the court applied the test of Ridgewood
Development Co.
A local government exercising its zoning
powers will be es topped when a property
.owner, (1) relying in good faith (2) upon
some act or omission of the government,
(3) has made such a substantial change in
position or incurred such extensive
obligations and expenses that it would be
highly inequitable and unjust to destroy
the rights which he ostensibly had
acquired.
. Ridgewood , 294 N:W.2d at 292 (emphasis in
original; citations omitted ).
The Ridgewood court also ruled that a
municipality could be estopped only if it had
acted wrongfully:
[ E] s toppel is available as a defense
against the government if the government's
wrongful conduct threatens to work a
serious injustice and if the public's
interest would not be unduly damaged by
law
the imposition of estoppel.
Under [ this test ] , the court must
first look for the government's wrongful
conduct. Only if it is found to exist
does the balancing begin.
Liepke, 403 N.W.2d at 254 -55 (quoting Rid ewood Develop ment Co.
v. State 294 N.W. 2d 288 (Minn. 1980) ).
-5-
Dege did not rely in good faith on the action of the city
in grunting the building permit in 1986 when the special use
permit granted to him in 1971 put him on notice that such a
building was not allowed and that any modification of the permit
required a public hearing. .
The equities in this case do not favor Dege. The dollar
amount expended on the project does not create vested rights
sufficient to outweigh the public's interest in .zoning cases.
See Jasaka Co. v. City of St. Paul 309 N.W. 2d 40 (1981)* The
mere possession of a building permit and the incurring of
expenses do not create vested rights sufficient to justify-
estoppel. Hawkinson v. County of _Itasca 304 Minn. 367, 374 -77,
231 N.W. 2d 279, 283 -84 (1975). Dege's reliance on a building
permit, which he knew was issued in violation to the special use
permit and zoning ordinance, is not sufficient to outweigh the
public's interest in having the zoning regulations enforced
uniformly. The city, as a matter of law, is not estopped from
revoking the building permit and enforcing the Ordinance.
In this case, Dege's building permit violated both the
zoning ordinance and the special use permit. Since Dege is
charged with constructive notice of the special use permit, it
is unreasonable for him to claim reliance on a building permit
issued in violation of that permit.
D E C I S I O N
The trial court correctly determined that there is no
issue of material fact and that summary judgment is
appropriate. The trial court erred in granting summary judgment
-6-
r.
r
•
to Dege. As a matter of law, summary judgment must be granted
to the city. We reverse and remand for entry of judgment in
favor of the City of Maplewood.
Reversed and remanded.
T 8'T
_7_
Action
b Council.,
Endors
lodified
MEMORANDUM R e i e c t e
TO: Cit Manager
FROM: Thomas Ekst ran d--Associate Planner
SUBJECT: Conditional Use Permit Renewal (Home
Occupation)
.LOCATION: 2405 Carver Avenue
APPLICANT/OWNER: Charlene Grand
DATE: December 31,, 1987
SUMMARY
Introduction
Renewal of a conditional use permit to operate a beaut shop as a
home Occupation,
Description of the Home 09-CgRation
1. The beaut shop is I ocated in the wal k-out basement of the
dwelling. It contains about 190 s feet of area
2w The applicant is the onl emplo
3. The business has been in operation for six months.
Background
On Januar 12, 1987, council granted approval • of this conditional
use Permit, subject to:
I » At the end of one y ear, if there is no unresolved complaint
or nuisance v council ma renew this permit.
2*n Compliance with the requirements in Section 36-66 (4) (b)
pertaining to the operation of a home Occupation, except for the
sign location requirement,
3. Obtaining a building permit for all improvements,
Council also approved a sign Placement varia . nce for a ground-
mounted sign (code re wall sl*.gns) because of the
dwelling -Is substantial setback from the .
street This sign was
re to be set back at least 15 feet from the front lot 1*
ine,
Qiscussion
All conditions of the conditional use permit have been meta The
.9
s i gn however was p I aced on a pol e at the • f ront I ot I i ne not 15
feet back. Although this sign does not appear obtrusive in an
wa , it does not . meet with the council ,'s variance requirementO
The app l i cant has indicated that she f eel s the one- -�
e b y two -f dot
sign is diff icul t to see from the street at its present l ocation »
She does agree , however , t rel ocate the sign 15 f eet f urther
back with hopes that she may be grunted until s r to do
p 9 so »
Recommendat ion
Renewal of the beauty shop home Occupation i on at 2405 Carver arver Avenue
for one year, subject to the Jan aury 12, 1 987 conditions of
approval, and subject to relocating the ground sign b May f
1 988 , t o be 15 feet back f r�o y Y '
m the front property line
2
REFERENCE
Site Descri
Si I ze: 4*6 acres with 325 feet of frontage on Carver Avenue,
Existing land use: a 1 1/2-stor dwelling with a walk-OUt
basement, attached garage and a barn. The dwelling contains
about 2 s feet of total floor area, including the
basement,
Surrou L.,_and Uses
North: an undeveloped portion of the large single-dwellin
propert abutting to the east,
East, west and south: large single-dwellin properties. The
dwellings that front an Carver Avenue have front- y ard setbacks-o+
140 to 360 feet,
PI ann i n
I. Land use plan designation: RL residential low densit
2. Zoning: F farm residence,
3a Section 36-442 (e) provides that all conditional use permits
shall be reviewed b the council within one y ear of the date of
initial approval unless such review is waived b council
decision or ordinance,, At- t-he- on -e- --revie-w- -the-- council - ma
specif an indefinite term or specific term not not to exceed five
(5) years for subse reviews. The council ma impose new
or add itonal conditions upon the permit at the time of the
init * ial or subse reviews. A conditional use permit shall
remain in effect as long as the conditions agreed upon are
observed but nothing in this section shall prevent the cit from
enacting or amending official controls to change the status of
conditional usess An conditional use . that meets the agreed upon
conditions and is later di sal lowed because of the cit enacting
or amending official controls shall be considered a legal
nonconformin use,
mb
Attachments:
le Location Map
2. Propert Line/Zonin Map
,« yvc OF NEWPORT
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MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
APPLICANT:
PROJECT:
DATE:
Introduction
City Mana
Director of Communit De
Initiation of a Plan Amendment and Rezonin
2218 Hi 61
Ronald Urban (Hoffman Corner Oil Compan
HCO Self Service
Januar 4, 1988
A 3- 4
ot b Cou:'Icilo
R e i e c t e
Date
The applicant is re that the cit initiate a rezonin
from Fo farm residence to a zone that will allow him to-rebuild
the, existin buildin and expand the asphalt area for additional
pumps. (Refer to the letter on pa 7 and the proposed site plan
on pa 6.
Backaround
19 Section 4739865# Subdivision 2 of state law states that "a
local governmental unit shall not adopt an official control or
fiscal device which is in conflict with its comprehensive plan.
2. Based on the current land use desi (RM) and the size
of the lot (14*858 s feet)# this lot could only . be rezoned
to R-2# double dwellin for a sin or double dwellin
3. The proposed site plan would also re two variances or a
revision to the plan:
a. A 15-foot g reen space variance must be applied for since
the dumpster enclosure would onl be- f ive - f eet f rom the east
lot line and not provide 20 feet of g reen area as required.
Furthermore# the parkin lot would be onl 17.5 feet from _=
the east lot line--20 feet is re
b. A shoreland ordinance variance is re q uired since the
percenta of land covera proposed is 74%* The maximum
allowed is 60%p and this As provided that the developer
qualified for an impervious surface area bonus with the on-
site holdin pond. This has not y et been determined b the
city's engineerin department, Without the bonus, onl 50%
of the site could be of impervious materials,
4e There is opposition to the site plan b at least two
nei
Alter-natives
10 Take no action. The applicant would have to obtain a
petition or 1 ive with the existin zoning,
2,. Initliate a plan amendment and rezonin to BC, business
commerc i a.1
39 Initiate a plan amendment and rezonin to M-1P li
manufacturin as the propert to the north is zoned.
Discussion
There seems to be enou justification and potential public g ood
to initiat this plan amendment and, rezonin
Is. This lot has been used for a motor fuel station since the
1940,9se
2. A new buildin and site plan would improve the appearance
and traffic safet at this corner,
39 It ma not be practical to expect the demolition of this
bui to build a double dwellin as suggested b the
comprehensive plan, As a r esult* the buildin ma continue as
is, another business ma use it or the buildin ma be vacated,
as , happened with the adjacent motor fuel stat ion to the north,
Staff has several concerns with the site plan:
is The two variances should be eliminated,
29 The proximit of the easterl pumps to the adjacent home.
The adjacent owner has re that the buildin and easterl
pump locations be switched. This would re a variances
since the buildin would be within the re fift
setback. The pumps, however# would be more of a potential
nuisance than a the buildin
3. Draina problems on the adjacent residential lot.
4* Consider eliminatin the Westerl drive on Count Road B.
5. Landscaped screenin alon the east lot line.
6e Hours of operation,
7*
Dumpster
location
(noise problem
for adjacent resident)
8.
Li
alon the
east propert
line.
Staff would prefer a rezonin to M-1 rather than BC. The M-1
zone, re a conditional use permit for an use within 350'
feet of a residential district. The applicant has alread
applied for a conditional use permit, This would g ive the cit
more control over the business,
Recommendat ion
Initiate a plan amendment from RM to SC and a rezoning from F to
M--1. subject to paying the application fees and applyin g for any
required, variances.
Attachments
1. Location Map
2. Property Line /Zoning Map
30 Site Plan
4. Letter
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Attachment 3
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HOFFMAN CORNER
01L CO. INC.
There's Just One Thin You
9' Have to Kno About Gasoline --.
HOFFMAN'S
CORNER OIL CO. INC.
3595 Hoffman Road '
Phone: 484.3323
WHITE BEAR LAKE, MINN. 55110
December 21, 1987
City of Maplewood
1830 East County Road "B
Maplewood, Minnesota 55109
Re: HCO station renovation at County Road "B" and Hig hway
. 61
Subs ect : Requesting zone ��
e change to Commercial Use"
Gentlemen:
On behalf of Hoffman Corn ' 1 Company, I am submitti
and request Corner 01
q st for some assistance with change.
this letter
the above zone chap
9
Some of the pl anning committee members may
of this iy or may no •
property. This corner ha y t know the history
service station d been and still is o era -
on as far back as the earl 1 � o perat ing
ng
omens and residents have as a
� y 40 s • A number of our cu
ve commented on the longevit st
our business and hope it will g ty and convenience of
I continue..
We understand your Position t i �� •
this p on on the Comprehensive P1
property has served Maplewood an an and feel that
years and should - d i residents for a numb
be given some consideration an of
ion in the over all plan.
We would like to get the n •
laps necessary so that we can r
P and equipment ordering f p roceed
with our
g or early spring building.
With the possible incomin g of Menards at the old Warne
feel this '
property should be zoned "Comm �� Warner site, we
_ ercial now more than ever.
We also feel our u
crease up -g of this property wi l •
the image of Maplewood and y greatly in-
their tax base.
Thank you for your consideration,
HOFFMAN CORNER OIL COMPANY
Ronald L, Urban
Operations Manager
RLU: d jo
7 Attachment 4
ejected..
Date
MEMORANDUM
TO: City Mana
FROM: Director of Communit Devel.opment
SUBJECT: Real Estate Journal Ad
DATE: Januar 4# 1988
Staff is re a bud transfer of $1300 from the
contin account to pay for a full-pa ad promotin Maplewood
in the Januar issue of the Real Estate Journal. The Real Estate
Journal is a weekl publication distributed to developers and
real estate professionals state-wide, A special "'market focus"
Se c tion of approximatel 20 pa in late Januar will feature
Maplewood. We feel this would be an Opportunit to place an ad
promotin the city. A rou concept of the ad is attached. It
would include photos and be in full color,
The council and plannin commission • have p . reviousl discussed the
problem of improvin Maplewood's identit and ima Recent l a
g roup of our developers have asked to meet with the cit to
discuss this same problem, . This special ""market focus" section
and a correspondin promotional ad would be a step in the. ri
direction,
Alternatives
The ad could be smaller or limited to one or two colors for less
mone Refer to the attached price 1*st on pa 8
Recommendat ion
Approve a bud transfer of $1300 from ' contngency a cco u nt
to pa for a full-pa color ad promotin Maplewood in the
Minnesota Real Estate Journal.
kd
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1
Z
Takin a Close Look at Cities that Make Minnesota Great
T akin g a snapshot look at Greater Minnesota communities, their real. estate and
economic development climates — then presentin that stor to Minnesota Real
Estate Journal readers — is the prima ob of the MRE Market Focus
series. The Market Focus presents a fair, accurate, balanced and ob look
at Minnesota communities and their economic health and development
communities MRE readers should know about.
Minnesota offers countless development opportunities, and the MRE
prepares Market Focus sections on cities throu the state that are
experiencin g rowth in the office, hotel, retail, industrial or residential markets
are experiencin population g rowth ; or perhaps newl completed transportation
links have opened a m of development possibilities.
The Market Focus section of the Minnesota Real EstateJoumal reaches the
state's real estate decision makers — brokers, developers, contractors ' bankers,
corporate real estate executives, appraisers, businesses ...the list g oes on.
It's an avera 20-pa section, devoted entirel to the sub cit We
present features, sidebars and g raphs on: development opportunities the retail
hotel, office, industrial and residential/multi-housin markets transportation
demo zonin who's who cit director and more.
"Phenomenal successful" is how past cities have described the Market
Foc series. "We were thrilled with the total presentation. It creates excitement
in the cit
It's an excitin pro for the MRE staff as well, as it provides an
opportunit to become familiar with each cit its personalit and the d
individuals that shape that cit g rowth and future.
If y ou would like additional information on the MRE Market Focus series
and y our cit please do call ( 612 ) 893- 1816.Or write, MARKET FOCUS,
Minnesota Real EstateJournal York Avenue South, Suite 390,
Edina, MN 554350
3
Additional Benefits of the Market Focus Series
T he Market Focus:
• Reaches the state's real estate decision makers through MREJ weekly distribution —
a focused readership with no wasted circulation.
• Reaches your city's real estate community n thorough follow-up mailings.
y g p s. g
* Provides an objective viewpoint of the city 's real estate and economic l p y omuc development
scene from a respected, independent and reliable source: the MREJ.
• Is read, re -read and used as a research vehicle for MREJ readers on the different
Market Focus cities featured. MREJ readers are building libraries of Market Focus
sections.
0 Brings together the government, associations, businesses and their leaders in one
united effort — to enhance and encourage the city's economic development.
• Establishes firm contact between the city, its associations and businesses with the
MREJ for future development news.
MREJ Market Focus Editorial Content
S pecial formatting with the Minnesota Real EstateJournal Market Focus and the name
of your community is clearly dominant on the front page. In addition, special color is used.
Inside:
Feature stories, sidebars and graphs on:
• Development opportunities
• Existing markets: Office, Hotel, Industrial, Retail and ResidentiaUMulti- Housing
• Transportation
• Zoning map
Major Industry listings
• Availability of land
• What incentives the city offers developers
• Outlines of the city's master plans and priorities
• A directory of the local government, civic groups, etc.
• Pictorial overview
4
More about the Market Focus: Its Use and Response
.Impact
Impact from the Market Focus section is realized both inside and outside the community.
Respondent cities indicated the Market Focus section:
• Unites the business community with the city
• Provides good research /backgrounding information to
prospective developers
•
Cements 'a team approach in marketing the city
• Creates an additional sense of excitement in the area
2 Response
Response includes both solid contacts and in one case, two new retail shops were proposed.
Cities are seeing response from the following:
• 67% Phone inquiries
• 42 %Letters requesting information
• 42 %Walk -in visitors to city hall or chamber office
• 16% Development proposals to the city
3 Respondents
The types of people/business responding to the Market Focus section includes:
55% Developers • 13% Interested officials
• 48% Business owners • 13% Corporations
•
42% Real estate professionals
Use
Cities are using the Market Focus as an additional marketing piece for the city. For example,
the city of Shakopee says, "The chamber has sent them to potential business people and
developers who want information on Shakopee." The city has also distributed the Market
Focus at its bi- annual industrial day.
From Sauk Rapids, a community outside of St. Cloud, the city said, "Marketing is an
important part of and city's efforts to attract commercial and industrial development.
Large or small, every community should consider marketing themselves and we found the
MREJ to be an effective tool to share our story."
Copies
Numbers of copies distributed by each city averages about 300 and goes up to as many as
several thousand.
6 Interest
All cities surveyed were interested in having a repeat Market Focus published in the future
on their community.
What ' i S •
Cit es are in
about the Focus
..,. , .. « our 20 -page June Market Focus section on Shakopee has been a
real hit in this city... one local developer who advertised indicated
r that he had contacts as a result o the focus section within hd f t thin the
first 30 days after publication.
' • "We have also received unsolicited comments from developers
r who have stopped in ... the whole section has been well received b
-� the city and. has become a matter of community ride: '
' yp
—John Anderson, City Administrator, Shako
a�
,, A very good publication on the area which received a lot of positive feedback
from inside and outside the community.. it provided a good focus on the
community for residents as well as the outside public."
— Kurt Ulrich, Community Development Director, Champlin
"W were pleased with the quality of the overall publication ♦ . .
and with the timely fashion in which the publication was put
together with a minimum of city staff involvement: '
— Robert Kirchner, Community Development Director, Anoka
"We feel the document was laid out in a thorough and professional manner
which fairly depicted the City of Chaska. In addition, the lead headline of the
article, "Chaska: Balancing small town charm with big city development"
could not have been more accurate for depicting the type of setting and
development that is occurring in Chaska.
I feel the real advantage of the Market Focus is that (it) is an impartial third
party document that is professionally done. I think that carries more weight
than a city prepared document. ,1 g
— Clark Arneson, Community Development Director, Chaska
"The Market Focus was very well done and I have received many favorable
comments. The publication will be of great value to me as I continue to
promote the fine attributes of Maple Grove♦ The final product exceeded my
expectations which were already quite high. You very accurately captured
• .. ..y a p
why Maple Grove is truly one of Minnesota's most exciting cities: ' -
- Alan A. Madsen, Economic Development Director, Maple Grove
Cf
How the City Assists in the Market Focus Project
By participating in a "brainstorming" session to set the framework for both the
editorial and advertising departments.
By providing phone books, chamber membership lists, other pertinent lists, zonin
maps, figures, etc. g
By providing a contact person(s) acting as a liaison between the city and MREJ for
the Market Focus efforts.
JOB
14 A letter of introduction by the city to various city agencies and businesses which
describes the city's involvement in the Market Focus project is helpful in building
momentum.
The MREJ advertising staff is solely responsible for the selling of advertising space.
The city's assistance in prioritizing potential advertisers is appreciated.
Take a Look at Past Market Focus Cities
S ince its inception in June, 198 5, the MREJ Market Focus has featured the
following communities:
Shakopee Uune 1985)
Mankato/North Mankato (Sept. 1985)
Albert Lea (Nov 1985)
St. Cloud and surrounding communities
Uan. 1986)
Brooklyn Park (Feb. 1986)
Lakeville (Mar. 1986)
Anoka/Ramsey /Champlin (April 1986)
Rochester (May 1986)
Burnsville Uuly 1986)
Minnetonka (Aug. 1986)
Woodbury (Sept. 1986)
Brooklyn Center (Oct. 1986)
Winona (Nov 1986)
Plymouth (Dec. 1986)
Inver Grove Heights Uan. 1987)
Willmar (Feb. 1987)
Chaska (Mar. 1987)
Maple Grove (April 1)87)
Roseville (May 1987)
Hastings (May 1987)
Eden Prairie Uune 1987)
Coon Rapids Ouly 1987)
Golden Valley Uuly 1987)
Duluth (Aug. 1987)
Hopkins (Sept. 1987)
Eagan (Oct. 1987)
Red Wing (Nov 1987)
Call for an updated list of communities.
7
Distribution
The Market Focus will be distributed in all circulated copies of the MRE,J. Readers of
the Market Focus include developers, contractors, corporate real estate executives,
CEOs, investors, brokers, banker, accountants, attorneys, appraisers, insurance
professionals, syndicators and property managers. Followup mailings to the subject
city provide additional distribution.
Additional copies of the Market Focus will be provided at $.50 each (pre- publication
price), plus postage. After press copies are available for $1.00 each. Orders must be
received at least two weeks before publication for pre - publication price.
Size
The size of the Market Focus is determined by the amount of support from the
advertisers. Editorial and news constitutes about 50 percent of the section, advertisin
the remaining space. Average size of the Market Focus is 20 pages.
Advertising Rates, Sizes
Two full pages .............. $1400.00 ................ 21" wide x 14" deep
Full page ................... $900.00 ................10" wide x 14" deep
Junior page ................. $690000 ............... 7� wide x l0y deep
Half page .................. $590900.......90.0090 ...10" wide x 7" deep
Quarter page ................ $390.00.................4 % wide x 7" deep
Color
First standard PMS color (red, yellow, blue) .......................... $ 100.00
Each additional standard color ........... .........................X75.00
First special mix PMS color ....... ............................... $150.00
Each additional special mix PMS color .............................. $75.00
Four color process ............. ............................... $350.00
Four color materials required:
Composite negatives, 100 -line screen, right reading, emulsion -side down.
Also provide cromalin or match print.
Typesetting, art charges extra. Please consult with your advertising representative.
Agency Commissions
A 15 %discount only to recognized ad agencies with three or more accounts on space,
color and position. Commissions not applicable on ads not camera - ready.
Advertising Policies
Please refer to MREJ Rate Card for advertising policies.
Deadlines
News and Editorial ............................. 3 weeks prior to publication
Advertising reservations ......................... 2 weeks prior to publication
7701 York Avenue South ■Suite 390 ■Edina, Minnesota 5 ■ (612) 893 -1816
8
Ac' n
by Cou
MEMORANDUM Endorse
_ �d
odifi cc
TO City Manager Rej ected...
FROM: Thomas Ekstrand- Assoc Planner ate
SUBJECT: Sign Code Amendment -- Multiple Dwelling
Ground Signs .
APPLICANT: Concordia Arms
DATE: December.18, 1987
SUMMARY
Introduction
This is an application to amend the sign code to ermit u to
P p a 40-
square -foot ground sign and more than one sign per street frontage for
multiple dwellings, g
Reason for the Change
Concordia Arms is proposing to erect a 40- square -foot n . round sign,
g
This sign would be in addition to the ten- square -foot "Concordia Arms"
s
sign mounted on the canopy at the front entrance. Refer to the
letter
on page 7.
Alternatives
1. No change. A ground sign could not be erected unless the wall
sign is removed.
29 Amend the code to allow a ground sign and a wall sign, gn, but keep
the current size limits of 24 square feet or 32 square feet by
conditional use permit.
g
3. Permit one 24- square -foot wall and one 32-square-foot round '
q g sign
for each street frontage without a conditional use P ermit,
49 Permit one wall and one ground sign up to 40 square feet wi th or
without a conditional use permit.
q
50 An alternative to a conditional use permit would be design review
board approval. This would not significantly g ew
time but would cantly reduce costs or staff
uld save the applicant the time of waiting or a council
hearing after design review board review g
Discussion
Based on the enclosed survey, increasing the permitted sign area would
uld
not be consistent with the median size requirement of the surveyed
cities. It is difficult therefore Y
to support amending Maplewood's
code when a 32- square -. Y development
sign is a typical multi -famil develo ment
sign size maximum in the metro area.
Staff does suggest, though, that the code be amended to ermit on
_ uar - P e 24 -.
square -foot wall and one 32 -s
q e foot ground sign per street
frontage without a conditional use permit. Most other cities allow
32- square -foot signs without a conditional use ermit The '
p majority
of cities also allow a ground and wall sign. Staff cannot
justify the
time and expense of a conditional use permit. for a 32-square-foot •
land, quare foot sign
on multiple-dwelling _
Recommendation
Adoption of the sign code amendment. on a e 11 allowing p g llowing one 24- square-
foot- wall and one 32- square -foot ground sign per street
g P frontage for
multiple- dwelling signs without a conditional use P ermit
REFERENCE
ord inance Requirement
Section 36 -316 (3) Signs up to twenty-four (24) s
allowed b sign ( ) q ua
re feet may be
y g permit for apartment or.townhouse complexes, churches
schools, libraries, community centers or an other
y institutions.
Signs from twenty-five (25) to thirty-two. square feet shall only my
be allowed by conditional use permitted P one fascia or freestanding sign
shall be
p tted f or each street frontage,
If a sign is constructed as approved within one
year , the one-year
conditional use permit requirement shall be waived an
use permit shall be d the conditional
considered indefinitely approved.
Past Actions
1 -9 -84: Council adopted the present ordinance. Prior to this, only
one eight- square -foot sign was allowed.
12- 22 -87: The Community Design Review Board recommend
the proposed ordinance amendment,
recommended approval of
Surve
Staff surveyed the adjacent communities and also
o the metro area cities
closest to Maplewood's population. (See page 9.
)
j 1
Attachments
10 Location Map
2. Property Line /Zoning Map
3. Site Plan
4. Proposed ground sign
50' Letter of request dated November 20, 1987
6. Survey
7. Code Amendment
2
LOCATION MAP
3
Attachment 1
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PROPERTY LINE /ZONING
4 Attachment 2
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5 Attachment 3
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ONCORDIA
RMS, INC.
2030 LYDIA • MAPLEWOOD, MINNESOTA 55109.770 -0402
November 20, 1987
BOARD OF DIRECTORS
Susan Truskolaski
Chairperson
Colleen P. O'Kane
Vice - Chairperson
Rev. Richard F. Goebel
Secretary
F. Lauren Ashley
Treasurer
William Bierman
Dave Dreis
Mary Duncan
Betty Goebel
Erven Gross
Joan Gross
James G. Kirk
Gerald Mogren
Raleigh Nelson
Laurel Spiess - Burrell
Equal Housing Opportunity
City of Maplewood
Attn : Torr, Ekstrand
1820 E. County Road B
Maplewooad, MN 55109
Dear Mr. Ekstrand:
Reference is made to my visit to your office the afternoon of
November 19, 1987. I know I speak for the Board of Directors
in thanking you for the cooperation, courtesy, and prompt atten-
tion you gave to our request for a sign for Concordia Arms.
As we discussed at yesterday's meeting, this building of 125
units is set well back from Lydia Avenue and although three
stories high, its subdued exterior finish (two shades of brown)
and landscaping, make it difficult for visitors to locate es-
pecially with the low street lighting level. In order to rec-
tify this problem, we have proposed a sign (Lawrence Signs, Inc.
drawing attached) constructed of dark bronzed, anodized, alum-
inum which is the same color that you wll see on the trim of
our building. The sign would be on the slope of the berm of
ground just west of the driveway. The subdued color of the
sign would blend well with the surroundings and should provide
minimal detraction to residents of the area. The use of cut
out letters /numbers with interior lighting would provide
sufficient light to read the letters without lighting the area
with floodlights.
Based upon the sign requirements, we are requesting a code
amendment for this area, as it is now designated a farm area,
and approval for the sign as proposed. In addition, as you
know, the name of the building appears just above the canopy
entrance of the building and is constructed of small dark brown
unlighted letters, hardly visible from the road. We feel they
are so unobtrusive they should remain as their removal would
leave a rather unattractive entrance.
Managed by Amherst H. Wilder Foundation
919 Lafond Avenue • St. Paul, Minnesota 55104
642 -4027
7
Attachment 5
NOV 2 4 1987
We further-ask that y ou continue to g ive our re the same
prompt attention y ou have thus far. In order t hat we both
provide the residents the response the have come to expect
from their Board of Directors and the Cit of Maplewood. If
y ou have an q uestions or additional re please con-
tact me immediatel or either of the othe two individuals
named.
Ralei Nelson
Member, Board of Directors
484-5772
Lauren Ashle
Member, Boar irectors
738-3792
Pat RajA sc Housin Mana
RI-mr-A IF
We ft
770-0402
City
Plymouth
Maple Grove
Roseville
Cottage Grove
Maplewood
Crystal.
Golden Valley
Shoreview
Blaine
SURVEY
MULTIPLE DWELLING SIGNS
12
(Cities are in order from -to -least restrictive.)
Maximum Size
Permitted Signs (square feet)
(One sign per property)
One ground sign per property 32
One wall or ground sign per 24
.property
One wall or ground sign per 6 (6 -12 units)
property 24 (13 -24 units)
1 square foot per
unit up to log sq.
feet (over 24 units)
One wall or ground sign per 100
property
(One sign per street frontage)
One wall or ground sign per
frontage 24 ( 3 2 by CUP)
One wall or ground sign per
frontage 32
One wall or ground sign per 2 - either ( There
frontage is n(r specific _
criteria; council _
can approve sign
plan.)
One wall or ground sign per size depends on sign
frontage plan approval
(More than one sign per property)
One wall and ground sign per 10 - wall
property 36 - ground
g Attachment 6
(More than one sign per street frontage)
JP Columbia Heights One wall and one ground sign
g
per- frontage
South St. Paul - One wall and one round n si
g g
per frontage
New Hope One wall and one ground sign
per frontage
New Brighton One wall and one ground sign
g
per frontage
(Miscellaneous)
Brooklyn Center One wall sign per building.
g
Complexes with three or more
buildings may have one ground
sign per street frontage
Eagan One wall sign per frontage and
one ground sign per property
Results '(excluding Maplewood)
2 - wall
16 - ground
2 wall
24 - ground
2 wall
25 - ground
30% of signable
area ( up to 200 sq.
foot wall)
35 - ground
10 - wall
36 - ground
20% of wall area --
wall council's dis-
cretion. (No specific
limit) - ground
8 cities allow a wall and ground sign.
6 cities allow a wall or ground sign,
1 city allows only a ground sign.
The median size for a ground sign for a 125 -unit project is 32 square feet
with a range from two square feet for "name-plate/address" q
q a sign to no limit.
The median size for a wall sign for a 125 -unit ro•ect is 2 p � 5 square feet with
a range from two square feet to no limit.
10
ORDINANCE N0.
AN ORDINANCE AMENDMENT FOR SIGNS IN RESIDENTIAL DISTRICTS
The Maplewood City Council hereby ordains as follows:
Section 1. Section 36 -316 (3) is amended to read as follows
(additions are underlined and deletions are crossed out):
(3 ) Wall signs up to twenty -four ( 24 ) square feet and
freestanding signs up to thirty -two (32) square feet may be
allowed by sign permit for apartment.or townhouse complexes,
churches, schools, libraries, community centers or any other
institutions.
pr-m-__ One
fascia e-r and freestanding sign shall be permitted for each
street frontage.
- 9 q-.--- is-- ��- t-- u�te--- s-- ��►e --i- -- awe-- ,-- i:- .�uae.-
ye a r eel-rt a- -- erre
as e - - n:4-t-
Section 2. Section 36 -437, Conditional Uses, is amended to read as
follows (additions are underlined and deletions are crossed out) :
Sec. 36 -437. Conditional Uses.
Conditional use permits may be issued by the city council in any
zoning district for any of the following:
(1) Any of the uses or purposes for which such permits are
required by the provisions of this chapter,
(2 ) Public u t i l i t y , public service or public building uses
in any district, when found to be necessary for the public
health, safety, convenience or welfare.
(3) Mineral extraction in any district.
(4) To permit the location of any of the following uses in
a district, from which they are excluded: Heliport,
library, community center, church, hospital, any institution
of any educational, philanthropic or charitable nature,
cemetery, crematory, mausoleum or any other place for the
disposal of the human dead.
(5) An off- street parking lot as a principal use in a
commercial or industrial zoning district.
(6) The use of portions of an apartment building for
commercial or business uses, such as a dairy store,
drugstore, beauty parlor, barbershop, doctor's, denti.s is or
lawyer's office, and similar uses.
li Attachment 7
f -} - -- - m a T t E CA t -,
{-g-} n e.- .a. -g. :- -} �- - e -t-y�- et -- fl2+) --� q - -,� -
, art tYtrt
e��g- r }-- g- �e -t ----area-f
sr'dra
c-- .
(7) Planned unit developments (PUD )
Section 3. This ordinance shall take effect upon its
p passage and
publication.
Passed by the Maplewood City Council
on , 1988.
Mayor
Attest:
City Clerk
Ayes--
Nays--
12
MINUTES OF _ T E MAPLEWOOD COMMUNITY DES I G REVIEW BOARD
TUE DAY, DECEMBER 22, 19877 7 P .M .
1830 EAS COUNTY ROAE1 B, MAPLEW00 , MINNESOTA
T . CALL TO GIRDER
Chairman Moe c l l ed the meet in to order at 7 p.m.
II. ROLL CALL
Donald hive Present
Tom Deans Presen .
Bob Peterson Prese
Jim Koc h s i eta Prese t
Earl Marlow Abse t
Marvin Erickson 're ent
III AP'P'ROVAL OF MINUTES
An November 24, 19 -
Board Member Peters n m ved approval of the minutes of
November 24, 1987, as SL m i t t ed .
Board Member Er i t son sec n d e d Ayes--all
B. July 28, 19 7
Board Member P terson moved approval of the minutes of
,July 28, 1987 as submitted.
T:.
Board Member Deans seconded Ayes--all
IV . APPROVAL OF AGENDA
Board Memb r Kochs i ek moved app oval of the agenda as
submitted
Board Me ber Deans seconded Ayes -- --gall
V. UNF I N I S ED BUSINESS
via DESIGN REVIEW
A as Sign Code Amendment -- Mul t ipl a Dwel l ing Signs -
Concordia Arms Request
F'at Rang i tsch , Mousing Manager at Concordia Arms,
discussed the proposal with the board members.
The board discussed the sign size restrictions of other
metro area municipalities.
Board Member D moved adoption of the sign code
amendment allowing one 24-s wall and one 32-
s ground sign per street frontage for multiple-
dwelling signs without a conditional use permit.
Board Member Koch.siek- seconded A
B. Sign Code Amendment P Sign Height -
Da Inn 7 $i-,e q Uest
Jim Becker, Gen, ral Manager of D s Inn, was present at
the meeting. He discussed with he board the re to
erect a 75-foot-t. p sig a 0
Board Member Kochs.-{,ek moved t e board tabl e this item
with no action takeh.
Board Member Deans sogonde A
VIIS VISITOR PRESENTATIONS
VIIIS BOARD PRESENTATIONS
I x STAFF PRESENTATIONS
An "Beautiful Buss ness" c 'teria
The board members i / q uestioned w the criteria for "best
dressed" would b 'determined, 9%I*nce ever has his or
her own idea of hat "best fires d" consists of and f el t
that it would b opening a "can f worms
The members al o mentioned the loca- ion and land as
factors which would determine the ex erior and
landscaping the business. The boa d said that it
would be a c of I ict of interest to rev *ew landscaping
and ex ter io plans and then recommend a ands for the
same. The q uestioned how a. smal I busin s could
compete wi h a ver large business.
The boar They
to refer this item to the C y Counc i I
xe ADJOURN ENT
ENT
Meetin'§ adjourned at 7:55 p.m.
A GENDA NUMBER
`
MEMORANDUM
TO: City Manager`
FROM: City Engineer
SUBJECT: Change Order Three, Hillcrest Sanitary Sewer
Project 86-22
DATE: January 4, 1988
End ors e�_______
Modified....
Re eoted________
Date
The attached letter provides the background information aboat
Change Order Three. The change order has been reviewed by city
staff and recommend its approval in the amount of $84,100.10.
jc
i
ENGINEERS ■ ARCHITECTS ■ PLANNERS
December 30, 1987
222 EAST LITTLE CANADA GOAD, ST. PAUL, MINNESOTA 55117 612 484 -0272
RE: MAPLEWOOD, MINNESOTA
HILLCREST TRUNK SANITARY
SEWER PROJECT NO. 86 -22
SEH ' FILE 87113
City of Maplewood
1830 East County Road B
Maplewood, MN 55109
t
%o AA
Haider
12.3L'87
This letter is intended to provide further detail as to the
additional cost of work shown on Change Order No. 3 which
occurred on the above referenced project during the months of
November and December.
Change Order No. 3 includes 3 items: 1) Application of calcium
chloride for dust control on McKnight Road, 2) Substitution of
PVC pipe for RCP pipe and 3 ) Granular Replacement Backfill • The
application of calcium chloride was not anticipated on the
original contract because the bituminous restoration of McKnight
Road was to be completed in the 1987 construction season. After
the contract was let, the City negotiations through their with
g g
the City of St. Paul and Ramsey County, felt it may be desirable
to completely reconstruct McKnight Road between Ivy Street and
Maryland Avenue. These discussions were generated by the fact
that this segment of McKnight Road may eventually be turned over
to the city because of the new McKnight Road alignment. Since
the negotiations have not been completed and in an attempt to
save temporary bituminous surfacing costs, it was necessary to
provide calcium chloride dust control on the gravel surface.
PVC (plastic) pipe was substituted for RCP (concrete) pipe
because of leakage problems that the contractor was experiencing
in the beginning of the project. It was felt that plastic pipe
would be more resistant to inflow from groundwater than was being
experienced in the concrete pipe. Even though minor infiltration
is acceptable MWCC charges the city for treatment of inflow. The
savings shown on the change order are based on material cost.
The cost of installing pipe is about equal,
Granular Replacement Backfill was added to the project to replace
unsuitable subgrade material that was encountered during
construction. This unsuitable material was on McKnight Road
north of the railroad tracks. During the design of the project
the City furnished a soil borings report indicating 20 borings
SHORT ELLIOTT
HENDRICKSON INC.
ST. PAUL,
MINNESOTA
CHIPPEWA FALLS,
WISCONSIN
City of Maplewood.
December 30, 1987
Page 2
were:: taken along- the sanitary sewer alignment. An enclosed copy
of a map from the report shows the boring locations. The
unsuitable material was :found during construction between boring
No,.. .4 and boring No. 5 and between boring No. 5 and boring No. 6.
Borings No. 4, 5 and 6 did not indicate the unsuitable materials
that were encountered during construction. The .material
encountered near the borings were similar to the material
indicated in the boring report. The unsuitable material' was
between the boring locations If borings would have been. taken
in between borings 4 and 5 and 5 and 6 most likely Y the would
have revealed - the material that was encountered. If this was
known at the time of plan preparation, a quantity of granular
replacement backfill would have been included in the original
- bidding documents. The construction was within the Ramsey County
Y
right -of -way, and County. repre sent atives insisted on the use of
thy. s type of backf i l l rather than placing the unsuitable backf i l l
back.in the trench. The measurement of Granular Replacement
Backfill placed in the trench was by the ton and was field
verified by making volume measurements. Payment for Granular
Replacement Backfill material includes excavation and hauling
away the unsuitable material and hauling in and placement of
Granular Replacement Backfill.
We hope this provides you additional information relative to this
change order. We are available to answer q uestions.
Si erely,
Don Chris fersen
jms
a1 '
ATTACHMENT
CHANGE ORDER NO, 3
CITY OF MAPLEWOOD
HILLCREST'TRUNK SANITARY
SEWER
PROJECT '86 -22
SEH FILE: 87113
Net Change
1. Application of Calcium Chloride for
.dust control on McKnight Road
2,000 gal @ $.87 /gal.
$ 1,740.00
$ 1,740.00
2. Substitute P.V.C. Pipe for RCP Pipe
Delete 15" RCP 2 LF @ $40 /ft.
(80, 000.00 )
Delete 12" RCP 1, 070 LF @ $38 /ft.
(40
Add 15" PVC 2 LF @ $40 /ft
80, 000.00
Add 12 PVC 1, 070 LF @ $35.93/ft.
38
SUBTOTAL
( 2,214.90)
( 2,214.90)
3. Add Granular Replacement Backfill to
replace unsuitable material encountered
on
McKnight Road between manholes 15 & 21
Granular Replacement Backfill
_9; 950 - TON @ $8.50 /ton
84 575.00
84, 575.00
TOTAL
$849100.10
tuul city testing
frxwmoon
w
J
t12•
mss f11
0
3
�9
fg IDAHO AVE.
07
*20 `
*19
#18
+17
X16
� 15�
#13.
C 8
N
Reference
t
Stat ion
B ase Lin`
r
+
E . MARYLAND
AVE.
HOLLO A VE.
t
McKnight
3
0
4,� O
O
IERNE Y
��
_
o
3
v
A%FA V ER
Y
22 +00
McKnight
7
2 +25
W
8
8 +10
Sterling
9
3 +25
Sterling
STHNO212
1 +70
Larpenteur
W.J
Qr Cr
6 +25
Hi llcrest
12
7 +75
Hillcrest
% 3
'--�-
Hi llcrest
14
>
�
W
Y
15
24 +95
Hillcrest
16
29 +10
Hillcrest
17
RIPLEY
" 1 1AVE.
18
4+50
S to r 1 i In
19
3 +50
Sterling
20
2 +30
Sterling
►-=
to
Li
w
ZN
o
Cr
�
_
�
Z
r Cr
�
o
z
_
v
W
Z
�
LARPENTEUR
AVE.
0
, 1 O
W
u
G;;e
0 160 Boa
w
J
t12•
mss f11
0
3
�9
fg IDAHO AVE.
07
*20 `
*19
#18
+17
X16
� 15�
#13.
C 8
N
Reference
NOKOMIS
Stat ion
B ase Lin`
r
+
E . MARYLAND
AVE.
P
McKnight
3
0
4,� O
O
12 +60
��
_
o
3
17 +00
A%FA V ER
Y
Bor i ng
Reference
Number
Stat ion
B ase Lin`
1
2 +05
Maryland
2
5 +00
McKnight
3
11 +40
McKnight
4
12 +60
McKnight
5
17 +00
McKnight
6
22 +00
McKnight
7
2 +25
Sterling
8
8 +10
Sterling
9
3 +25
Sterling
10
1 +70
Larpenteur
11
6 +25
Hi llcrest
12
7 +75
Hillcrest
% 3
15 +00
Hi llcrest
14
20 +70
H i 1 lcres t
15
24 +95
Hillcrest
16
29 +10
Hillcrest
17
5 +50
Sterling
18
4+50
S to r 1 i In
19
3 +50
Sterling
20
2 +30
Sterling
I
Agen d #
Action by Council
it ?,mod o - -rse d ^ w
M1 o i f i e d---..,
e j ectead
Date
TO: Mayor and City Council
FROM: City Manager
RE: L.E.L.S. Patrol Officers Contract
DATE: January 4, 1988
Introduction
I have met on several occasions with representatives of Law Enforcement Labor
Services, Local 153(L.E.L.S.) and have reached an agreement with them for
1987 ..and 1988, pending City Council approval. The members of the unit have
approved the contract.
Discussion
One of the major issues discussed was how to implement comparable worth. It
was decided that this issue should be reviewed and discussed as part of next
years (1989) contract, after the other bargaining units have settled on a
plan.
Recommendation
The following changes are recommended to the Patrol Officers, L.E.L.S,
Contract:
Salai
1987 - 4% increase
1988 - 3% increase
Differential (Effective 1-1-87)
Paramedics - 5% above top patrol
All other specialties - 4% above top patrol
Insurance
1987 - Increase $10.00 per month
1988 - Increase $10.00 per month
Holidays (Effective 1 -1 -87 )
Add - Martin Luther King's Birthday
vacation (Effective 1 -1 -88)
There were no changes in the amount of vacation that an employee c
h an
earn
however, there was a change in the method of selection as
follows:
Employees may select two (2) continuous vacation periods b
seniority each year. The first choice shall be selected from a
posting posted by March 1st. Such selection shall be completed by
March 31st. The second choice shall be selected from a posting
. Aril 1st. S
posted b
y p Such selection shall be completed by April
30th. There shall be no second choice bids until first choice bids
have been completed. Employees shall bid in a timely manner. After
April 30th, vacations shall be bid on a first come first served
basis.
Call Back (Effective October 1, 1987)
Current call-back language is that the City w i l l pay a 2 -hour
minimum for each time that an employee is called back.
The following has been agreed to for Paramedics only:
2 -hour call -back the first time and actual time with a one -hour
minimum thereafter.
Court Time (Effective 1 -1 -88)
Increase Court time from two hours to three.
Stand By Pay (Effective 1 -1 -88)
1/4 hour of pay shall be granted for each hour that an employee p oyee is
required to stand by - this applies to Paramedics only.
AGENDA NUMBER
A.0tion by Council
AGENDA REPORT
113 ��0 rs ed'_______
TO City Manager J'Aod-i
FROM: Public Works Director Rej ected-..-----
SUBJECTx Two Additional Full-Time Employees for EngineerirDat
Division
DATE: January 4, 1988
INTRODUCTION
The 1988 Budget includes funding for a new engineer-in-training
position and one additional engineering technician. The
personnel functions and needs of the engineering division have
been reviewed in detail and reassessed. It is requested that the
engineering division be authorized to hire two full-time
engineering technicians.
BACKGROUND
The staff of the engineering division currently consists of five
engineering technicians and the assistant city engineer. The
primary functions of each position within the engineering
division are briefly summarized as follows:
in Engineering Technician James Elias
_Review of grading permits.
- Inspection of final grading at residential and commercial
construction sites~
- Resolution of sewer bill questions.
- Review of building permits with respect to public
utilities and drainage.
- Calculation of SAC, PAC and WAC charges.
- Submission of MSA road mileage reports to MnDOT.
- Traffic counts.
- Answer resident questions and complaints.
- Water utility service applications.
2. Engineer Technician Walter Geissler
- Initial review of street and utility plans submitted by
developer's consulting engineer.
- Oversight of consulting engineers' inspection services for
developer projects.
- Draft contracts for residential development.
-
Appraise adequacy of escrow funds on developer projects.
- Acquire easements.
- Computer programming to support assessment process.
- Handle resident questions and complaints.
3. Engineering Technician James Gessele
- Design of in-house projects.
- Drafting of in-house projects.
- Construction inspection of in-house projects.
- Surveying.
-
Deal with public and others.
- Prepare draft of feasibility reports.
4. Engineering Technician Dennis Peck
- Computer system coordinator.
- Submit annual reports to Metropolitan Waste Control
Commission.
- Responsible for as-built records.
- Organization of division library, records and maps.
- Maintain division equipment and supplies~
-
Answer resident concerns and questions.
5. Engineering Technician William Priebe
- Design of in-house projects.
- Drafting of in-house projects.
- Construction inspection of in-house proJects.
- Surveying.
2
- Deal with pub1ic and others~
-
Prepare draft of feasibility report
6. Assistant City Engineer Bruce Irish
- Approve plans for developer projects. .
- Resolve problems relating to residential development.
- Review proposed plats for conformance with comprehensive
plans.
-
Supervise all phases of in-house projects,,
- Administrative duties.
-- Coordination with outside engineering firms and agencies.
- Prepare final feasibility reports and other reports.
Answer resident q uestions,
To assess in what manner additional personnel could be most
effectively utilized, convepsati ons were held with each member of
the engineering department staff. The consensus was that each
staff member is relatively satisfied with their area of
specialization, although some technicians requested the
assignment of more challenging work on occasion such as project
design as opposed to record keeping.
The Maplewood Public Works/Engineering Department engineering
technicians are very well qualified and have extensive experience
ranging from five to sixteen years each with Maplewood's
residents and public works facilities. There is some overlap of
responsibilities that is proposed to be corrected to improve
efficiency of the engineering division. However, without
additional personnel the existing and projected workload cannot
be handled in an efficient and timely manner.
ALTERNATIVES
1. Do nothing.
2. Hire only one engineering technician at this time.
3. Hire one engineering technician and one encaineer-in-
training.
4. Hire two engineering technicians.
�
DISCUSSION
I Do nothing.
As stated previously, the current and projected workload cannot
be expeditiously met without additional personnel. The current
and projected workload consists of the rapid pace of developer
projects, which exceeded 25 projects initiated in 1987, alon,@
with city initiated projects~ Additional future projects are
up dating f th
i mplementation completion of an approved comp sewer plan,
~ of = capita/ improvement budget, development of
computer models for existing and proposed water distribution
system and storm water systems, investigation of street lighting
and storm water utilities. There is a backlog of routine work
such as record keeping, eep ng, survey control points, traffic counts and
tests of water system fire-flow capacities that were delayed in
an attempt to keep up with other projects.
2. Hire on additional engineering technician only at this time.
In this case, the additional person would be assigned to work
with James Elias and Walt Geissler in coordinating projects
designed by outside consulting engineers. The main function of
the additional person would be to perform routine overview of
inspection efforts and routine drainage checks. Additional
duties would be to assist James Elias and Walt Geissler with
processing water utility service requests and assembling
background data records as nw*eded.
With assistance in doing the straight forward aspects of their
current positions, James Elias and Walt Geissler could assume
duties for which they are amply qualified and have significant
background experience. It is intended to assign James Elias as
the primary point of contact for projects designed or being
studied by Short Inc. Similarly, Walt
Geissler would be assigned as the primary point of contact for
projects designed or under study by Toltz, King, Duvall,
Anderson, and Associates, Inc. This should make it easier for
the consultant engineers to get needed information from the
engineering division in a timely manner~ Both James and Walt
must be outside a considerable amount of time and be aware of
ongoing work by others in order to do their present jobs. This
fact, coupled with their background knowledge and experience,
makes them a logical choice to be the point of conta through
the entire project sequence from feasibility study to
construction. James and Walt should be particularly well suited
to advising the consultant engineer of community concerns during
the construction phase. Finally, assignment of a single contact
person will eliminate duplication of effort by other engineerin�-.;
division staff members. The final review of consultant-designed
projects or questions of department policy will be forwarded to
the assistant city engineer or city engineer.
4
The addition of only one engineering technician will not allow
for correction of backlog of routine engineering division
functions of record keeping and testing or in-house design.
3. Hire one engineering technician and one engineer-in-
training.
The assignment of the engineering technician would be as
discussed in Alternate Two previously. Although an engineerM-
in-training might be useful for some of the engineering division
objectives relating to administrative work, the majority of the
tasks to be performed would more aptly be performed by a second
engineering technician. The assignment of the second engineerin�:.:j
technician and redistribution of duties to the other three
existing engineering technicians is described under Alternate
Four be1ow.
4 is Hire two engineering technicians.
As described before, one of the additional engineering
technicians would be assigned to work with James Elias and Walt
Geissler on projects engineered by consulting engineers
representing either a developer or the city. It is proposed to
assign a second engineering technician to work with James
Gessele, Dennis Peck and William Priebe on in-house projects and
record keeping. The duties of the second engineering technician
would be to serve as survey rod man, drafting of base maps for
design projects, recording utility improvements on system maps
and other straight forward aspects of work currently done by
James 8essele, Dennis Peck and William Priebe.
The current engineering technicians have the ability and
experience to assume a larger share of responsibility for
projects from inception through construction. The additional
person should minimize the necessity of transferring a project
which has been initially been studied and preliminarily designed
by engineering division staff to a consulting engineer for
completion of final plans and specifications due to workload
constraints. A better quality project and more personal
satisfaction with higher productivity of the engineering division
staff will result if the same individual handles a project from
beginning to end.
It is proposed that the responsibility for traffic counts should
be assigned to James Gessele. Systematic measurement of hydrant
fire-flow capacities as well as establishing survey bench marks
is to be the responsibility of William Priebe.
Due to his prior experience with assessments and assignment as
computer system coordinator, it is logical to designate Dennis
Peck as the lead person coordinating assessment procedures. He
would be the main contact between the engineering division and
the city clerk's office. The engineering technician designated
as responsible for each particular project, whether in-house
�
design or consulting-engineer designed, would assist Dennis Peck
in the implementation of the assessment procedure.
A review of the major changes in duties and responsibilities for
each engineering technician follows,
1. En�ineering. Technician James Elias
Added duties:
- Initial contact for all projects designed by Short-
Elliott-Hendrickson, Inc. and assume related
administration items.
-Assist in recording of field measurements for sewer
permits.
Deleted duties:
- Traffic counts recording of hydrant tests and survey
bench mark data.
2. Engineering Technician Walt Geissler
Added duties:
- Coordinate with community development in review of
preliminary and final plats,
- Initial contact for all projects designed by Toltz, King,
Duvall, Anderson, and Associates, Inc. and assume related
administrative items.
Deleted duties,
- Daily oversight of construction activities on developer
projects. Occasional site inspection is still required.
3. Engineering Technician James Gessele
In
Added duties,
- Assume greater administrative and coordination
responsibilities for in-house design and inspection
- Conduct traffic counts.
FA
Deleted duties,
- Answer general questions and complaints by residents,
outside engineers or other departments/agencies un7ess
specifically related to a project which he is responsible.
x
4n Engineering Technician Denn.is Peck
Added duties,,
- Assessment coordinator.
- Limited design projects
5~ Engineering Technician William Priebe
Added duties:
- Assume greater administrative and coordination
responsibilities for in-house design and inspection
- Maintain and establish hydrant tests and survey
bench marks.
Deleted duties.
-Answer general questions and complaints unless
specifically related to project for which he is
respono:ible~
il
6. First Additional Engineering Technician:
Under the supervision of the assistant city engineer he/she
works with James E]ias and Walt Geissler on projects
designed b outside engineers. Speci+ic duties are.
- Daily site inspections for compliance with erosion
control , public safety and convenience, and engineering.
division guidelines.
- Assemble engineering division records, maps and drawings
as required.
- Assist in measurement of location of sewer services.
- Tabulate assessment data.
- Fill out applications for water utility service
connections.
_. Check drainage in routine situations,,
7a Second Engineering Technician
Under the Supervision of the assistant city engineer, he/she
works with James Eessele, Dennis Peck and William Priebe in
design and construction inspection of in-house projects and
documentation of engineering records. Specifically:
7
- Assist with traffic counts, hydrant tests and surveying~
-
Construction inspection.
- Perform tabulations and calculations for annual MWCC
report.
- Update utility system maps.
- Tabulate assessment data.
�" Draw easement maps*
RECOMMENDATION
It is recommended that authorization be given to hire two full-
time engineering technicians,
BUDGET IMPACT
The sum of salaries for two additional engineering technicians
is less than that of the engineer-in-training and the engineering
technician authorized in the 1988 budget.
jc
Flow]
Agenda Number
MEMORANDUM
TO: CITY MANAGER
FROM: CITY CLERK
DATE January 5, 1988
RE: Permanent Part -Time Position
ReJ eote ,
Date .,
During the 1988 Budget Meetings Council indicated that a person should be
hired to handle the "rush hours" for the Deputy Registrar Office. Nothing was in-
cluded in the budget to cover the costs of an additional person.
Since the time of that discussion, a part -time temporary employee was hired to
fill in for an office worker who had major surgery. The person.is fully trained and
able to handle the work load.
I am requesting that the part -time temporary position not be filled, but that a
position be added for a permanent part -time employee, with this extra position
filling in for vacations, exceptionally busy days (such.as the 10th of the month and
the last day of the month) plus "rush hour" business, the Deputy Registrar's Office
would function m6tib ckf 1�iently.
Cost for temporary part time for the year - $4,899.44 for 14 hours per week,
Cost for permanent part -time for the year - $8,340.00 for 24 hours per week.
It is recommended Council authorize the permanent part -time position and approve
a budget t r an s f e r to cover the cost - - - -- -- -- - - - - -- -- -- - - -- - -- - - - - - -- - - -- - - - -- - -- - - -- - --
A
'b ' W r' M' un c r1n I
.1] ].n`. or s P, d
R e e c t e
Date
TO: Ma & Cit Council
FROM: Cit Mana
RE: Cit Attorne
DATE: Januar 4, 1988
The firm of Ban ni and Kell served as Cit Attorne
y in 1987. The same i s
recommended for 1988.
AGENDA REPORT
To City Manager Michael McGuire
From: Chief of Police Kenneth V. Coll i ns
Subject: Reappointment of Prosecuting Attorney and Increase in Cost
for Services
Date: January 5, 1988
Introduction
Martin Costello of Peterson, Bell and Converse has been the City
Prosecutor for approximately 11 years.
Background
l { b l,..'
Date
Mr. Costello's main responsibility to the City is to prosecute all criminal
and traffic charges that are either petty misdemeanors, misdemeanors or
gross misdemeanors; however, above and beyond their prosecution, Mr.
Costello does a great deal of legal ' trai nwi ng for the Maplewood Police
Department, The training that Mr.. Costello does generally takes place
approximately four times per year, Mr. Costo' 11*o also helps with the
updating of the criminal ordinances that he prosecutes for the City.
The City is currently paying a retainer fee of $3,000 per month for the
prosecutorial services Mr. Costello provides to the City, No cost is
charged for the legal training done for the police department nor for the
assistance with the ordinance updates.
Mr. Costello is requesting an increase in his monthly retainer to $3,500.
Based on the amount of hours Mr. Costello puts in in the criminal prosecu—
tion, this averages out to approximately $60 per hour, Mr. Costello has
not requested nor received an increase for his services for the past two
years,
I should also point out that the prosecution services have grown in the
past two years due to many statute changes made by the Legislature.
Cases that have normally been handled as felonies and prosecuted by the
Ramsey County Attorney's Office have been reduced to gross misdemeanors
and become the responsibility of local prosecution.
Attached you will find a letter submitted to me by Mr. Costello, along
with a request for the retainer fee increase and a survey done of the
other suburban communities and what they were paying for their prosecuting
services for 1986 and 1987.
Recommendation
I would recommend that Mr. Costello's services as Prosecuting Attorney be
retained and that his retainer fee be increased to $3,500 per month,
Action Required
I request that this matter be approved and submitted to the City Council
for their approval,
KVC: j s
LAW OFFICES OF
PETERSON, CONVERSE JENSEN
2 100 AMERICAN NATIONAL BANK BUILDING Ilk t
101 EAST FIFTH STREET
ST. PAUL. MINNESOTA 55101
J UL 3-1 ���
(612) 224-4.703 1987'
ERWIN A. PETERSON
0
ROBERT C. BELL h4AP OD
WILLARD L. CONVERSE C
ROGER A. J POLIC
KUR F. WALTHER
W. TIMOTHY, MALCHOW
MARTIN J. COSTELLO Jul 31, 1987.
JAMES C. ERICKSON
WILLIAM M. DRINANE
PAMELA CONVERSE ZERIN
CAROL A. BALDWIN
Kenneth V. Collins
Chief of Police
Maplewood Cit Police Department
1830 East Count Road B
Maplewood, MN 55109
Re: Maplewood Cit Prosecutions
Our File No. 1046.1
Dear Chief Collins
Encl is this firm's p .for Maplewood municipal pro secu-
tions for. Januar 1 throu December 31, 19880
The avera attorne hours per month for the Maplewood prosecu-
tion responsibilities has been .58,25,. At $6*0 per hour, this comes
to $3,,495 per month. This avera hours- per -month fi does not
include our le assistant workin approximatel matel one and one-
half (1-1/2) da a week perfor such tasks as draftin docu-
ments, notif witnesses, . keepin calendars, communi with
..the court and the like. These services are handled as part of our
overhead and are included in the retainer fee proposal. The hour
l summar I have g iven y ou basicall covers the out -of- office,
in-court time spent prosecutin for the Cit
It has been m privile to serve as prosecutin attorne for the
Cit of Maplewood since 1975,,.and I look forward to the opportu-
nit to continue to be of service If y ou have an q uestions or
need further information re the retainer fee prop
please call me.
Sincerel
PETERSON, BELL, CONVERSE & JENSEN
Martin J. Costello
MJC/bl
Enc. (1)
S C14, &P@
LAW OFFICES OF
PETERSON, BELL, CONVERSE J ENSEN
2100 AMERICAN NATIONAL BANK BUILDING
101, EAST FIFTH STREET
ST. PAUL. MINNESOTA 55101
(612). 224-4703
PROSECUTING ATTORNEY RETAINER FEE PROPOSAL
CITY OF MAPLEWOOD, MINNESOTA
1830 EAST COUNTY ROAD B
MAPLEWOOD MN 55119
Jul 31, 1987
INTRODUCTION,
This is a proposal for the municipal prosecution for the Cit of
Maplewood, Minnesota, Ramse Count Court,' Maplewood Division,
The bid is for Januar 1, 1988, throu December 31, 19880
RETAINER FEE:
Three thousand 'five hundred dollars ($3,500) per month in cludin
all attorne time, . travel, secretarial, supplies and other
office expenditures, with the. exception of court reporter fees
for 'lea-senten-cin trans * 0
P cripts and certificates of 'conviction
required for repeat offender ( misdemeanor) p . rosecution and
trial.transcripts for cases appealed to the appellate courts,
PROSECUTOR*
(1) Chief Prosecutor: Martin J.
J*De, Universit of Minnesota
Admitted to practice befor4
Und ted St bra ti
Member of the Ramse Count
Associations
Costello
(1974) cum laude
all state courts, federal
t,-b oupreffle Court
Minnesota, and American Bar
(2) Associate Prosecutor: William M. Drinane
J.D. William Mitchell Colle of Law (198 0) cum laude
Admitted to practice before all state and federal courts
Member of the.Ramse Count Minnesota, and American Bar
Associations and Minnesota Trial Law Association
SERVICES:
All prosecutions of ordinances, traffic and criminal violation-s
gross misdemeanors, misdemeanors and pett misdemeanors . ) f or the
City of Maplewood, venued in Ramse Count Court, I Maplewood Divi-
sion; an related work in Minnesota Court of Appeals and Minne-
sota Supreme Court,
S 04,94110D@
Charging. Draftin all compla.ints for all statutor ordinance,
and traffic violations (pett Misdemeanor, misdemeanor, and g ross
misdemeanor).
Calendar Appearances. Weekl as scheduled.
Court Trails. Semi as.scheduled.
Pretrials.-Semi as scheduled.
Jur Trials. Monthl (week certain), as scheduled,
Appeals. Pursuin all appeals taken to appellate courts.
Ordinances. . Advisin Cit Council on all traffic, criminal law
and ordinance development and chan
Traini Updatin the Maplewood. Cit Police on le
chan case law developments, court r oom procedures; these
trainin sessions would be conducted approximatel four times .a
y ear, ,as scheduled b the Chief of Police..
These services include maintainin appropriate files, preparin
all notices and documents, notif and subpoenain all wit
nesses, preparin necessar written work and makin all court
appearances.
EXPERIENCE
Martin J,, Costello -- Prosecutin Attorne for Maplewood, Vadnais
Hei and the Town of White Bear for over ei y ears; author
of Minnesota Misdemeanors and Movin Traffic Violations (with
Richard Frase and Pheb'e Hau , Mason Publishin Compan 1982;
lecturer at. vari ous police and attorne continuin le educa-
tion seminars member of the traffic and criminal law committees
of.Minnesota State Bar Association and
American Bar Association,
William M. Drinane -- 'Chief� Prosecutor for the Town of White Bear
and Vadnais Hei Associate Prosecutor for Maplewood,
Roseville and Lauderdale; lecturer at various police trainin
seminars.
Respectfull submitted,
PETERSON, BELL, CONVERSE & JENSEN
Martin J. Costello
CITY
POP.
CONTACT
RETAIL HOURLY
BUDGE'''T ---86
ACTUAL AMr.
- �--86 x --86
PROSEWTION
SPENT--86
Maplewood
26,990
770 -4513
86:73,000
finance
87:78 #190
all legal exp.
director
Roseville
35,820
484d-3371
86 : 36 '.000
87:44
Arden Hills
8,011
633 -5676
86:
87:8,875
Blocalington
81,831
881- 5811
Total salary 142,560
86:138,415
r
141 217
,
Kathy x476
3 attys., 1 clerk
87:154,050
Burnsville
35,681
890 -4100
65/hr.
86:80
118,373
Sue Powers
87 :109,900 -
just prosecution
Eagan
20,720
454 -8100
60/hr.
86:75,000
Jan-July 43,000
finance
87:90 ,000 -
just p rosecution
director
Edina
46,073
927 -8861
didn't have info
86:100,000
150,000
available
87:110,000
all legal exp.
Little
7,082
484 -2177
24,600/yr. & 5,000/ .
�
86:28 000
r
28 000
r
Canada
depending on charge
87:31,000
Mahtaredi
4,'29I
426 -3344
60/hr,
86:10,000
Janet 18,700
city admin.
87:30,000
Mendota
7,280
452 -1850
1,500 /quarterly
86:12,0
13,087
Heights
87:12,000
Minnetonka
38,683
933 -2511
Salary; 2 attys, clerk
86:244 000
258 000
(in house)
Dale
& paralegal
�- e9
87:235 000
. _
all legal exp.
Eggenburg
Mounds Vi:-:i
12
-784 -3055
75/hr .
86:36,000
45,564
finance
87:36,000
director
New
23,240
633 -1533
Prosecutor 1,750 /ma,
86:21,000
33,000
Brighton
Margaret
(civil)
87:31,000
CITY
FoP.
CONTACT
RETAINER HOURLY
BUDGU-� -86
AC'I'�JAL ANIT.
FEE ---86 FEE-8
S 86
North
it 9.35
770 -4450
200 /mO.
86:24,000
24-000.
St. Paul
Glen
87:28,200
le
Oakdale
13 510
,
739 -5086
4,300/mo.
86:51,600
53
Susie
87:72,000
St: Louis
42,931
920 - 3000
58/hr,
86x137,000
47,417
Park
Lori
87:137,000
Shoreview
17 300
484 --3353
1, 250 /moo
86:25,000
27
Bill
87:25,000
ou
So uth
21 216
,
541 -1387
(PERA 14,918) 70/hr.
86:89,000
54,367
St. Paul
Marlin
*54,400 ---- prosecution
8 ?:74,000
all legal expo
Stillwater
12 225
439 - 6121
29,665/ yr . 75/hr.
86:106,763
102,744
Betty
87:113,401
all legal exp.
West
18
455-9671
12,175/yr. (hourly --
86:41,400
?
St. Paul
John Rangus
didn't know rate)
87 :43,100
White
22,528
429-852r6
1,134 /mo. 55/hr, .
8
Bear Lake
Sharon
*35,608 -- prosecution
87:74,000
all legal expo
Woodbury
13,520
,
739 -5972
60- 100/hr.
86:36,000
36,400
Mr Wright
87:39,000
hl, o d I
Re
Date,
MEMORANDUM
TO: cit Mana
FROM: Director of Communit Development
SUBJECT: NEST B
DATE: Januar 4,P.1988
The Northeast Suburban Transit Commission (NEST) will be meetin
on. Januar 7 to approve the attached b Approval b each
member cit is re
R6commendat ion
Approve the commission's b
kd
Attachment: By-Laws
I
BY LAWS
of
NORTHEAST SUBURBAN TRANSIT COMMISSION
ARTICLE I.
MEMBERSHIP
Section
1.
The members of this Commission are the governmental units
of the cities
of Maplewood, North St. Paul and Oakdale.
ARTICLE II.
DEFINITIONS
Section
10
for the purposes of these By Laws, the terms defined in
this article have
the meanings given them. };
Section
2.
"Agreement" means the Joint Powers Agreement creating the
Commission.
Section
3.
"Board" means the Board of Directors of the Commission
consisting of
two
directors from each city which is a member of the Commission.
Section
4.
"Commission" means the Northeast Suburban Transit Commission
created by the Agreement.
Section
5.
"Member means a city which is a member of the Commission
in accordance
with the terms of the Agreement.
Section
60
"Governing Body" means the governing body of a member.
ARTICLE III.
THE BOARD OF DIRECTORS
Section
1.
The governing body of the Commission is its Board of
Directors. Each
member is entitled to two directors* Each director is
entitled to one vote*
-1-
.Section 2. Two directors shall be appointed by the Governing Body of
.each member city, for a term of two calendar years and until their successors
are selected and qualified. At least one director from each member city
shall be a council member. No director shall serve more than two consecutive
terms.
Section 3. Board members shall serve without compensation from the
Commission, but this shall not prevent a member city from providing com-
pensation to its director members for serving on the Board if such compensa-
tion is by the city and by lair.
Section 4. A majority of the members of the Board shall constitute
a quorum, but a smaller number shall have the power to adjourn.
Section 5. A vacancy on the Board shall be filled by the governing
body of the member city whose position on the Board is vacant.
Section b. Member cities shall initially appoint one director to
serve for one year and one director to serve for two years.
Section 7. Written notice of all meetings of the Board shall be
sent to all directors and the clerks of all member cities, as the same
may appear on the records of the secretary- treasurer.. Written notice of
regular meetings shall be mailed at least ten days prior to each meeting
and written notice of special meetings shall be mailed at least three
days prior to each such meeting. Notices of all meetings shall specify
the time and place of such meetings.
Section 8. The time and place of all regular meetings shall be
determined by the Board. The time and place of special meetings called
by the Chair or at least three board members in writing shall be determined
by the persons calling the meetings.
4 -2-
Section 9. A copy of the agenda for any meeting shall be sent out
with the notice of such meeting.
Section 10. Copies of the minutes of any meeting of the Board shall
be promptly distributed to each person to whom notice of the meeting is
required to be sent under the provisions of these By Laws.
Section 11. Unless otherwise specified in the Joint Powers Agreement
or in these By Laws, all meetings of the Board. and other committees of the
Commission shall be conducted in accordance with Roberts'-Rules of Order
Revised.
Section 12. The Board may from time to time determine the order of
business for Body meetings. The usual order of business at such meetings
shall be as follows:
A. Call to Order.
B. Roll Call.
C. Minutes of Previous Meeting..
D. Report of Officers.
E. Report of Committees.
F. Consideration of Communications.
G. Unfinished Business.,
H. New Business.
I. Adjournment.
ARTICLE IV.
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. The powers and duties of the Board of Directors of the
Commission are set forth in this article.
Section 2. The Board may make such contracts and enter into such
agreements as it deems necessary to make effective any power granted to the
Commission by the Agreement and By Laws. It may contract with any of its
-3-
0
members or others to provide space,
services or materials on behalf
the Commission.
Section 3. It may provide for the prosecution, defense, or other
s at law in which it may ' have an
participation in actions or proceeding
purpose.
It may employ such
interest, and may employ counsel for that p ur p
other persons as it deems necessary to accom p lish its powers and duties.
Such employees may be on a full-time or part-time, or consulting basis as
d may make any required employer con-
the Board determines, and the Board
units are aut horized or required to make
trib
utions which local government
_a
by law.
Section 4.. It may conduct such
research and investigation and take
such action as it deems necessary to operate
a transit .system within and
s
for the member cities, including both a circulator and a dial -a -ride service,
old moneys from any source to the
Section 5. It may receive and h y
ided b the Agreement or these
extent and in the manner as may be prow y
voluntary contributions from its members or
By Laws; and it may accept v y
other sources as provided in Article VII. The commission shall have no
taxing power. It may accumulate reserve
funds and may invest and re- invest
its funds not needed for current e x p eases in the manner and subject to the
statutory cities. The board may not incur
limitations applicable by law to Y
obligations in excess of funds then available to the Commission.
• in for the Commission, shall provide for
Section b. The Board, acting .
a financial accounting and report
to the member cities at least once each
year* The books and records of the Com mission shall be open and avail -
able for inspection by member cities at all reasonable times.
_4-
rA
Section 7 . The Board, acting for the Commission, may accept gifts,
apply for and use grants of money or other property from member cities or
other governmental units or organizations, and may enter into agreements
required in connection therewith, and may hold use, and dispose of such
moneys or property in accordance with the terms of the grant, gift or
agreement relating thereto.
Section 8. The Board, at the first meeting in February of each
year, shall elect the Chair, Vice - chair, Secretary- treasurer, and such
other officers as the Board shall determine.
Section 9. The Board shall establish the annual budget for the
Commission as provided in Article VII.
Section 10. The Board may establish an executive committee and may
delegate. duties and authority to such a committee between Board meetings.
Section 11. The 'Board may purchase public liability insurance and
such other security bonds and insurance as it may deem necessary.
Section .12. The board may exercise any other power necessary and
convenient to _ the implementation of the powers and duties given to it by
the Agreement and the By Laws.
ARTICLE V.
OFFICERS
Section 1. The officers of the Commission shall be the Chair, Vice-
chair and Secretary- treasurer.
Section 2. The Chair shall be the chief presiding officer of the
Commission. He /she shall preside at all meetings of the Board and shall
-5-
N
have primary responsibility for seeing that all orders and-re solutions of
the Board are carried into effect. He /she shall be an ex- officio member
of all standing committees and shall have the general powers and duties of
supervision and management usually vested in the office of President of
a corporation.
Section 3. The Vice -chair shall, in the absence or disability of
the Chair perform the duties and exercise the powers of the Chair and
shall perform such other duties as the Board shall prescribe.
Section 4. The Secretary- treasurer shall attend all sessions of
the board and record all votes and the minutes of all proceedings in a
minute book kept. for that purpose; and he /she shall perform like duties
for the committees of the Board when so directed by the Board. He /she shall
give, or cause to be given, notice of all meetings of the Board and of
such committees, and shall perform such other duties as may be prescribed
by the board. The position may be divided so that there may be a
separate Secretary and a separate Treasurer.
Section 5. The Secretary - treasurer shall have the custody of the
funds and securities of the Commission and shall keep full and accurate
accounts of receipts and disbursements in books belonging to the Commission
and shall deposit all moneys and other valuable effects in the name and
to the credit of the commission in such depository as may be designated by
the Board. He /she shall disburse the funds of the Commission, as ordered
by the Board, taking the proper vouchers for such disbursements,_ and shall
render to the Board, at regular meetings - thb Board, or whenever they
may require it, an account of all his /her transactions as Secretary -
treasurer and of the financial condition of the Commission.
s �-
R VV
0
ARTICLE VI.
COMMITTEES
Section 1. The Board may, appoint such committees in addition to those
required by these By Laws and the Agreement, as the Board, from time to time,
.deem necessasry. Such committees shall be selected in the manner determined
by the Board.
ARTICLE VII.,
FINANCIAL MATTERS
Section 1. The fiscal year of the Comm ission is the calendar year.
Section 2. Commission funds may be expended in accordance with the pro-
cedures established by law for s tatutory cities. Orders, checks and drafts
shall be recommended by the Administrator and signed by the Chair and counter-
-7-
Section 6. The Board may designate an Assistant Secretary- treasurer
who shall in the absence or disability f the Secretary - treasurer
y perform
all duties and exercise the powers of the Secretary - treasurer and he /she
shall perform such other duties as the Board shall from time to time direct.
�
Section 7. The officers of the Commission shall give bond if required
_ g q
by the Board, to be paid by the Commission, for the faithful performance
i
of their duties and for the res toration to the Commission, in case of
�
Yl
death, resignation, retirement or removal from office, of all book papers
� P P �
s�
vouchers, money and property of whatever kind in their possession or under
their control belonging to the Commission.
Section 8. The Board shall appoint an Administrator to handle the
day -to -day operations of the Commission. The Administrator shall be
{
responsible to the Board and the Chair, and shall have such duties as the
Board shall prescribe.
ARTICLE VI.
COMMITTEES
Section 1. The Board may, appoint such committees in addition to those
required by these By Laws and the Agreement, as the Board, from time to time,
.deem necessasry. Such committees shall be selected in the manner determined
by the Board.
ARTICLE VII.,
FINANCIAL MATTERS
Section 1. The fiscal year of the Comm ission is the calendar year.
Section 2. Commission funds may be expended in accordance with the pro-
cedures established by law for s tatutory cities. Orders, checks and drafts
shall be recommended by the Administrator and signed by the Chair and counter-
-7-
V
signed by the Secretary- treasurer or such other person as may be designated
by the Board, if possible. Only one signature is required. Other legal
instruments shall be executed on behalf of the Commission by the Chair and
the Secretary- treasurer. Contracts shall be let and purchases made in
accordance with the procedures established by law for statutory cities.
Section 3. The activities of the Commission shall be financed by
funds available to it by grants from the Regional Transit Board and from
voluntary contributions from its member cities or from other sources.
Contributions from member cities shall be established by the members not
later than October 1 of each year in order to obligate members to make
contributions during the ensuing calendar year. Such contributions shall
be made by the member city to the Commission as follows: one -half on
or before February 1 of each year and one -half on or before August 1 of
each year.
Section 4. An annual budget shall be adopted by the Board prior
to July 1 of each year. Copies of the budget shall be delivered promptly
to the Manager /administrator of each member city for their approval. If
any member city fails to approve a proposed budget the prior year's budget
shall be authomatically approved for the following year, unless the Commission
is terminated.
Section 5. The Board shall contract with a member city to act as
fiscal agent for the Commission. The fiscal agent shall process and dis-
burse payments authorized by the Board.
Section 6. Any obligation which cannot be met within the annual
budget must be approved by at least four Board members, with at least
one Board member from each member city voting in favor . of the expenditure.
However, no such vote shall be taken without prior written approval of all
member cities.
-g-
I
Section 7. The Board shall provide for a yearly audit, copies of
which shall be given to each member city. In addition, quarterly unaudited
financial reports shall be given to all member cities. Monthly financial
reports shall be prepared for the Board in such a manner as the Board
provices.
Section 8. Expenses of the Commission cannot exceed the budget
without prior approval of each member city. Such additional expenses shall
be assessed each member according to the formula outlined in the Joint
Powers Agreement.
ARTICLE VIII.
DURATION AND TERMINATION
Section 1. The Commission shall exist, and this Agreement is in effect,
r
for an indefinite term until terminated in accordance with Section 2 of
this Article.
Section 2. A member city may terminate the Commission by filing a
written notice with the Secretary- treasurer by October 1 of any year giving
notice of termination at the end of that calendar year.
Section 3. The Commission may be dissolved at any time by unanimous
vote of all the members of the Board of Directors.
Section 4. In the event of termination, the Board shall determine the
measures necessary to affect the dissolution and shall provide for the
taking of such measures as promptly as circumstances permit, subject to the
provisions of these By Laws and state law for liquidation of non - profit
corporations. Upon dissolution of the Commission all remaining assets
of the Commission, after payment of obligations, shall be distributed
-9-
V
amore the member cities on a
g per capita to basis according to the formula
P g
outlined in the Joint Powers Agreement. Dissolution expenses to be
assessed to the member cities according to the same formula. The Commission
shall continue to exist after dissolution for such eriod no longer than
P � g
t' one year, as is necessary to wind up its affairs but for no other purpose.
ARTICLE IX.
Fj
3:
F
AMENDMENTS TO BY LAWS
P'
Section 1. These By Laws may be amended at any regular or special.
meeting of the Board subject to the approval of all member cities. An
amendment may be proposed in writing filed with the Chair by any member
of the Board of Directors or by a member c ity on i own motion.
0
Section 2. A majority vote of a quorum present shall be necessary
to adopt any proposed amendment to these By Laws.
Section 3. In any instance where these By Laws are in conflict
r
with the Joint and Cooperative Agreement, these By Laws shall control.
Section 4. These By Laws are effective upon their adoption by the
r
member cities.
Adopted by the member cities as follows:
Maplewood on , 198 .
North St. Paul on , 198 .
Oakdale on , 19$
ARTICLE X.
This Commission cannot be terminated prior to January 1, 1990.
1
—10—
MEMORANDUM
.00r
�� S.9 •�
ecte
D
TO: City Manager
FROM: Director of Community Development
SUBJECT: Planning Commission and Community Desi R
Board Reappo
DATE: December 23, 1987
The f o l l o w i n g terms ex pired .January 1, 1987. Each member wan ts
to be reappointed.
PLANNING COMMISSION (3-YEAR TERMS )
Attendance-1987
Membe Or Appo 22 Meet Held
Richard Barrett before 1969 19
Albert Go i n s 9 -28 -87 4 out of 5
Bob Cardinal 2-11-85 19
COMMUNITY DESIGN REVIEW BOARD (2-YEAR TERMS)
Attendance
M ember Or igina l Appointment 19 Me etings H e l d
Donald Moe 1 -2 -81 19
4
( Robert Peterson and M . Earl Marl ow are al so up f or reappointment
but have decided to resign.)
Comments
Section 25-20 caf city code states that the chairman of the
p l a n n i n g commission shal l be designated by the city council at
the first meeting in January of each year. Les Ax d ah l is the
present chairman .
Recommendaton
1. Reappoint members to the planning commi and community
design review board.
2. Appoint a chairman of the planning commission
mb
�
Ac Jon b Council.
MEMORANDUM E ndorsed --,..
Modified
To: Michael McGuire, C i t y Manager ecte
From: Robert D. odegard, Director of Parks and Recreatio
Subj: Appointment of Park and Recreation Commissioners Da
Date: January 4, 1988
The Park and Recreation Commissioners whose terms expire as of
December 31, 1987, include voya Peiitich, Donald Christianson,
and William Michalski. Mr. Piletich and Mr. Christianson have
requested re- appoi ntment.
Notices have been placed in both the Maplewood Review and the
St. Paul Dispatch indicating that applications.are being taken
for the Park and Recreation Commission. At this time, we have
received two applications, with one candidate interviewed by the
present Commission on December 21, and the second candidate is
expected to be interviewed on January 1 1 , 1988. The recommenda-
tion of th Park and Recreation Commission will be a v a i l a b l e for
your consideration on January 25, 19880
AGENDA REPORT Acts i by Counc l l ei
mod r ( n - Yom, r .s e t,,,,.
To: City Manager McGuire and Cl v� Service Commi ssi o r _�_
d� L d, _
From: Chief of Police Kenneth V. Collins ,
Subject: Civil Service Commissioner Reappoi Re ectc
Date: January 5, 1988 Date
Introduction
Clayton Qualley was appointed to the Civil Service Commission on Febru—
ary 11, 1985, and his term expi December 31, 19878
Steven Gunn was appointed to the Civil Service Commission on July 22,
1985, and his term exp ired December 31, 19878
Recommendation
I am recommending that Mr. Qualley be reapp ointed as a Civil Service
Commissioner effective January 1, 1988, and his term would expire
December 31, 1990.
Mr.. Gunn's Civil Service position should have expired on December 31,
1985, and he should have been appointed until December 31, 1989, however,
due to an-error, his position was the same as Mr. Quall
I am recommending at this point that Mr. Gunn's'position.be reappointed
until-December 31, 1989. By doing this, the three Civil Service Commis—
sioners will be brought back into their proper rotation. .
Action Required
I request that this be submitted to the City Council for their approval,
KVC: j s
Agenda # 4e �t L
TO: Mayor & City Council
FROM: City Manager
RE: Committee Appointments to N.E.S.T. and
Solid Waste Committee
DATE: January 4, 1988
)n by Council'i
K d i f i �
'o ect e d .......
D ate .
Outgoing Counci lmember Charlotte Wasi luk was a member of the North East
Suburban Transit Commi along with Counci imember Norm Anderson. I
recommend that Mrs. Wasi 1 uk remain on the Committee as a City Representative,
along with Councilmember Anderson as the Elected Representative.
Counci lmember Was i l uk is also a member of the City's Solid Waste Committee. I
would recommend that she remain a member. It is not necessary for the Council
to have an Elected Representative on this Committee.
A 57
Date,
TO: Mayor & Cit Council
FROM: Cit Mana
RE: Cable Commission
DATE: Januar 4, 1988
0
Councilmember Norman Anderson and Ann Fitch were the Cit Representatives in
1987. The same is recommended for 1988.
A # 77 9
'b Counclll-,I
d -il e
to
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e
TO: Ma &.Cit Council
FROM: Cit Mana
RE: Suburban Rate Authorit
DATE: Januar 4, 1988
Councilmember Fran Juker was the Cit Representative, and Finance Director
Dan Faust was the alternate for 1987. The same is recommended for 1988,
Ll * tt*IE SubuRbAN NEWSPAPERS
Honorable Mayor Greavu and City Council
City of Maplewood
1830 E. County Road B
Maplewood, Minnesota 55109
2515 E. Seventh Avenue
- YMNorth St. Paul, MN 55109
(612) 777 -8800
December 21, 1987
Dear Mayor Greavu and Council Members:
We are pleased to submit the following quotation on
publishing of minutes and other legal publications during
1988
As you are aware, the Minnesota State Legislature
establishes the legal rate for the publishing of legal
notices. However, as in the past, we will discount the
legal rate for publishing council proceedings.
Legal publication rates for public notices, bids, etc.
are $5.18 per column inch, $6.92 per column inch tabulated
and $3.45 per column inch for each additional publication
in 6 point type.
Thank you for allowing us to serve as your .legal
newspapers during 1987.
NTL /RJE : bj m
Very truly yours,
N. Theodore Lillie
Raymond J. Enright
RAMSEY COUNTY REVIEW — MAPLEWOOD REVIEW — OAKDALE -LAKE ELMO REVIEW —NEW BRIGHTON BULLETIN — SHOREVIEW BULLETIN
U ttiE ST. ANTHONY BULLETIN — SHOPPING REVIEW — ROSEVILLE REVIEW — SHOPPING REVIEW. EAST
NEWS SOUTH -WEST REVIEW — WOODBURY -SOUTH MAPLEWOOD REVIEW — FRIDLEY SHOPPING BULLETIN —NORTH SHOPPING BULLETIN
E U U R AN EW5 A C E RS
nal a E. S even th Avenue . luvw"
'b CounciNbrth St. Paul, MN 55109
(612) 777-8800
C 'n o.-J s e d_._....
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j e c t e d.......
D
a te
Dec�ember 21, 1987
Honorable Ma Greavu and Cit Council
Cit of Maplewood
1830 E. Count Road B
Maplewood, Minnesota 55109
Dear Ma Greavu and Council Members:
We are pleased to submit the followin q uotation on
publishin of minutes and other le publications -durin
19880
As y ou are aware,, the Minnesota State Le
establishes the le rate for the publishin of le
notices. However, as in the past, we will discount the
le rate for publishing council proceedin
Le publication rates for public notices$. bids, etc.
are $5.18 per column inch, $6.92 per column inch tabulated
and $3.45 per column inch for each additional publication
in 6 point t
Thank y ou for allowin us to serve as y our le
newspapers durin 1987'*
Ver trul y ours,
N. Theodore Lillie
Ra J. Enri
NTL/RJE:bjm
RAMSEY COUNTY REVIEW — MAPLEWOOD REVIEW — OAKDALE-LAKE ELMO REVIEW —NEW BRIGHTON BULLETIN — SHOREVIEW BULLETIN
LIUIE ST. ANTHONY BULLETIN — SHOPPING REVIEW — ROSEVILLE REVIEW — SHOPPING REVIEW EAST
NEWS SOUTH - WEST REVIEW — WOODBURY-SOUTH MAPLEWOOD REVIEW — FRIDLEY SHOPPING BULLETIN — NORTH SHOPPING BULLETIN
r �
A #
b Counc'l,
E nd. or s e
Plo d -1. f e ci
...................
TO: Ma & Cit Council
FROM: Cit Mana
RE: Rules of Proced.ure
DATE: Januar 4, 1988
A cop of the Rules of Procedure, includin the one amendment are attached,
CITY OF MAPLEWOOD
CITY COUNCIL
Rules of Procedures
A. Councilmember Juker introduced the following resol ti;n and moved its adoption_
87 -1 -18
RULES OF PROCEDURE
Section 1.
MEETINGS
Regular: The City Council shall hold regular meetings on the second and
fourth Mondays of each month at 7 :00 P.M., provided that when the
day fixed for any regular meeting falls on a day designated by law
as a legal holiday, such meeting shall be held at the same hour on
the next succeeding Thursday not a holiday.
Special: The Mayor or any two members of the Council by writing filed with
the City Clerk at least twenty -four hours before such meeting may
call a special meeting. Notice of such meeting shall state the
purpose or purposes thereof and shall be personally delivered to
each member or be left at the members usual place of residence
with a person of suitable age and discretion then residing therein,
or written notice_ thereof shall be left in a conspicuous place at
the residence if no such person can be found there. The notice
shall be delivered twelve hours before the meeting time. Except
for trivial matters, business transacted at a special meeting shall
be limited to that mentioned in the call. Emergency meetings may be
called at any time providing all members of the Council sign waivers
of notice to such meeting and said waivers shall be filed with the
City Clerk.
Place: All meetings shall be held in the Council Chambers of the Maplewood
Municipal Building unless there is a published notice designating
another location.
Presiding Officers_ The Mayor shall preside at all meetings of the Council.
In the absence of the Mayor, the Acting Mayor shall preside. In the
absence both the Councilmembers shall elect one of their number
as temporary chairman.
Quorum: Three members of the Council shall constitute a quorum at any meeting
of the Council, but a smaller number may adjourn *from time to time.
- 8 - 1/26
. order of Business: At the hour appointed for meeting, the members shall be
called to order by the Mayor, or. in his absence by the Acting Mayor,
or in the absence of both, by the Clerk. The Clerk shall call the
roll, note the absentees and announce whether a quorum is present.
In the absence.of the Clerk, the Mayor shall appointea secretary
protem. Upon the appearance of the quorum, the Council shall pro-
ceed to business which shall be conducted in the following order:
A. Call to order
B. Roll Call
C. Approval of Minutes
D. Approval of Agenda
E. Consent Agenda
F. Public Hearings
G. Award of Bids
H. Unfinished Business
I. New Business
J. Visitor Presentations
K. Council Presentations
L. Administrative Presentations
M. Adjournment
Curfew: No additional agenda item will be discussed after 10:30 P.M. No
4 !settee ien- will -eert -PL : PSI- Meetings adjourned under
this policy will be continued to the next Thursday's pre - agenda
. meeting at 7-j88 4:30 P . M. ' The continued meeting will start at *Amended
the point on the agenda where the adjournment occurred. No new 8 -10 -87
items will be added to the-continued meeting agenda.
First Regular: At the first regular Council meeting in January of each year,
the Council shall (1) designate the official newspaper, (2) choose
an Acting Mayor from the membership of the Council who shall perform
the duties of the Mayor during the disability or absence of the Mayor,
and (3) review the Rules of Procedure of the City Council and make
any necessary changes if such changes are desired.
Rprtinn 2_
AGENDA FOR REGULAR MEETING
(1) All matters to be submitted to the Council shall be filed not later than
12:00 Noon on the Monday prior to the Monday Council meeting at which con-
sideration is desired, and shall be delivered to the City Manager, or in
his absence, the City In unusual circumstances and when the matter
does not require investigation, an item may be accepted after the deadline
upon the approval of the City Manager.
(2) Except for trivial matters, no item or business shall be considered for
action by the Council which does not appear on the agenda for the meet-
ing, except that an item or urgent business which requires immediate action
and is so determined by a majority of the Council may be considered-.by the
Council whether or not there is a full membership present. The Council
will hear all reasonable citizen petitions, requests and statements how-
ever, such items which do not specifically appear on the agenda shall be
deferred to a future meeting for more careful consideration and study if
Council action other than filing, is required.or requested.
- 9 - 1/26
The Mayor and each Councilmember shall be provided with,a copy of the
agenda, minutes of the previous meeting, and any other reports and in-
formation pertinent to the agenda at least seventy -two hours prior to
each regular Council meeting.
No matter may be submitted for Council action by any administrative
official, department head, or employee unless it has first been pre-
sented to the City Manager for inclusion on the agenda.
LIMITATION ON COUNCIL ACTION
The Council shall only take action at regularly scheduled meetings, or
special meetings, called pursuant to section 1, unless all Council mem-
bers are present at the time the action is taken. Regular meetings do
not include meetings with public bodies in joint or cooperative sessions.
All Council actions shall conform to the requirements of the open meeting
law.
Section 4.
MINUTES
(a) The City Clerk shall keep a record of all Council meetings.
(b) Unless a reading of the minutes of a Council meeting is requested
by a member of the Council, such minutes--may--be--approved without
reading if each member has previously been provided a copy.
(c) The Council may, by motion carried by a majority vote, amend the
minutes. Such amending motion shall becorne a - :part of the. minutes
of the subsequent meeting.
DUTIES OF THE PRESIDING OFFICER:
The presiding officer shall preserve strict order and decorum at all
meetings of the Council. He shall state every question coming before
the Council, announce the decision of the Council on all subjects, and
decide all questions or order,subject, however, to an appeal to the
Council in which event a majority vote of the Council shall govern and
conclusively determine such questions or order. He shall vote on all
questions and on a roll call vote rotate the order in which votes are
cast.
n_ _� _- L
RULES OF DEBATE: -
(a) The Mayor or other Presiding Officer may move, second and debate
from the chair, subject only to such limitations of debate as are by
- 10 - 1/26
the rules imposed on all members and shall not be deprived of any
of the rights and privileges of a Councilmember by reason of his
acting as the Presiding Officer.
(b) Every member desiring to speak shall address the chair, and upon
recognition by the Presiding Officer shall confine himself to the
question under debate avoiding all personalities and indecorous
language.
(c) A member; once recognized, shall not be interrupted when speaking
unless it be to call him to order or to vote on a motion to close
a debate, or as herein otherwise provided. If a member, while
speaking, be called to order, he shall cease speaking until the
question of order is determined and if in order, he shall be per -
mitted to proceed.
(d) A motion to reconsider any action taken by the Council must be made
at the meeting at which such action was taken or at the next regular
meeting of the Council and must be made by a member of the Council
who voted with the prevailing side, provided that if such motion to
reconsider is passed,then the parties entitled to notice on the
original action shall be notified, and the reconsideration of the
action shall be taken at the next regular meeting following passage
of the motion to reconsider.
(e) A Councilmember may request,through the Presiding Officer, the
privilege of having an abstract of his statement on any subject
under consideration by the Council, or the reason for his dessent
from or support of any action of the Council, entered in the
minutes.
(f) The Clerk shall enter in the minutes a synopsis of the discussion
on any question coming in proper order before the Council.
Section 7.
ADDRESSING THE COUNCIL:
Any person desiring to address the Council shall first secure the per-
mission-of the Presiding Officer.
Each person addressing the Council shall give his name and address in an
audible tone for the records, and unless further time is granted by the
Presiding Officer, shall limit his address to five minutes, except at a
public hearing when the limit shall be ten minutes. All remarks should
be addressed to the Council as a body and not to any member. No person
other than the'Council and the person having the floor, shall be permitted
to enter into an discussion, either directly or through a member of the
Council, without the permission of the Presiding Officer. No question
shall be asked'a Councilmember or any member of the Administrative Staff
except through the Presiding Officer.
- 11 - 1/26
Section 8.
GENERAL RULES OF ORDER:
Robert's Rules of Order and Robert's Parliamentary Law shall be accepted
as an authority on parliamentary practice on matters not specifically
covered and in case of a conflict these rules shall govern.
DECORUM AND ITS ENFORCEMENT:
The Council members, while the Council is in session, must preserve
order and decorum, and a member shall neither, by conversation or
otherwise, delay or interrupt the proceedings or the peace of the Council,
= V_
, A. 3�.�t�si b un member while speaking or refuse to obey the orders of the
Council or its Presiding Officer, except as otherwise herein provided. No
smoking shall be permitted in the Council Chamber while the Council is in
session.
Section 10,
ORDINANCES, RESOLUTIONS, MOTIONS AND REPORTS:
(a) Ordinances, resolutions and other matters or subjects requiring
action by the Council shall be introduced and sponsored by a mem-
ber of the Council except that the City Manager or Attorney may
present ordinances, resolutions and other matters or subjects to
the Council.
(b) Every ordinance and - resolution shall be presented in writing and
read in full at a Council meeting; provided, however, that the
reading of an ordinance or resolution may be dispensed with by
unanimous consent. Upon the vote on ordinances, resolati-ens and
motions, the ayes and nays shall be recorded. The vote shall be
by roll call of all members of the Council as provided under DUTIES
OF THE PRESIDING OFFICER in this resolution. A majority vote of
all members of the Council shall be required for the passage of
all ordinances, motions and resolutions except as otherwise pro -
vided by law and except that amendments to the comprehensive plan
shall requre at least four votes in favor.
(c) Every ordinance other than emergency ordinances.shall have two
public readings as provided in Subsection (b) of the Section, and
at least fourteen days shall elapse between the first reading or
waiver thereof and the second reading or waiver thereof.
(d) An emergency ordinance is an ordinance necessary for the immediate
preservation of the public peace, health, morals, safety or wel-
fare in which the emergency is defined and declared, passed by a
roll call vote of at least four members of the Council, as recorded
by ayes and nays. No prosecution shall be based upon the provisions
of any emergency ordinance until the same has been filed with the
- 12 - 1/26
City Clerk and posted in three conspicuous places in the City and.
twenty -four hours after such filing and posting shall have elapsed
or until the ordinance has been published, unless the. person, per -
sons, firms or corporations charged with violations thereof shall
have had notice of the passage thereof prior to the act or omission
complained of.
11 Section 11. _
s
CONDUCT OF CITY EMPLOYEES:
(a) The City Manager may take part in the discussions of the City
Council and may recommend to the Council such measures as he may
deem necessary for the welfare of the people and efficient adminis-
tration of the of f airs of the City. He shall have all the rights
powers and duties prescribed by Minnesota Statutes in regard thereof;
howevbr, it is recognized that the City Council is the policy making
body for the City and the City Manager shall confine his discussion
at Council meetings to statements of fact, recommendations based
on his knowledge and experience and explanations of the reasons
for the same, and any matters pertaining to administration.
(b) No City employee, other than the City Manager or Attorney, shall
enter into discussions of the City Council except to answer ques-
tions directed to such employee, or to present factual information.
(c) The above regulations of City employees shall not be construed
to limit the appearance before the City Council of any City employee
when such appearance is made as a taxpayer or member of the public
for or against some particular issue under discussion by the Council
when such employee has an interest in the outcome thereof.
Section 12.
WAIVER:
By 4/5 consent of all Councilmembers, these rules may be waived.
Section 13.
ADJOURNMENT:
A motion to adjourn shall always be in order and decided without debate.
Seconded by Councilmember Anderson. Ayes - all.
— 13 — 1/26
by CouneiLs
End ors e d.,_._,,,,.,.,
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