HomeMy WebLinkAbout2011 04-25 City Council Packet
AGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday,April 25,2011
City Hall, Council Chambers
Meeting No. 08-11
A.CALL TO ORDER
B.PLEDGE OF ALLEGIANCE
1.Acknowledgementof Maplewood Residents Serving the Country.
C.ROLL CALL
Mayor’s Address on Protocol:
“Welcome to the meeting of the Maplewood City Council. It is our desire to keep all
discussions civil as we work through difficult issues tonight. If you are here for a Public
Hearing or to address the City Council, please familiarize yourself with the Policies and
Procedures and Rules of Civility, which are located near the entrance. Before addressing
the council, sign in with the City Clerk. At the podium pleasestate your name and
address clearly for the record. All comments/questions shall be posed to the Mayor and
Council. The Mayor will thendirect staff, as appropriate, to answer questions or respond
to comments.”
D.APPROVAL OF AGENDA
E.APPROVAL OFMINUTES
1.Approval of April 11, 2011, City Council Workshop Minutes
2.Approval of April 11, 2011, City Council Meeting Minutes
F.APPOINTMENTS AND PRESENTATIONS
1.LMCIT Board on Insurance Reduction
2.Appointment to Business & Economic Development Commission
3.Proclamation of Public Service Recognition Week
4.Consider Adoption of Proclamation for Building Safety Month – May 2011
CONSENT AGENDA –
G.Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember requests
additional information or wants to make a comment regarding an item, the vote should be held
until the questions or comments are made then the single vote should be taken. If a
councilmember objects to an item it should be removed and acted upon as a separate item.
1.Approval Of Claims
2.Approval of Closure of Debt Service Funds
3.Approval of Resolution Approving Interfund Loan – TIF 1-10
4.Approval of Acceptance of the Assistance to FirefightersGrant and Authorization to
Purchase Equipment
5.Gladstone Area Redevelopment Improvements, Project 04-21
a.Resolution Approving Plans and Specifications and Authorizing Advertisement
for Bids
b.Resolution Ordering Preparation of Assessment Roll
c. Resolution Accepting Assessment Roll and Ordering Assessment Hearing
6.Conditional Use Permit Review – Xcel Substation, 1480 County Road D
7.Conditional Use Permit Review – Ramsey County Correctional Facility, 297 Century
Avenue South
8.Approval to Waive the Building Permit and Plan Review Fees for Bruentrup Heritage
Farm Machine Shed
9.Approval to Purchase Fire Department Turn Out Gear
H.PUBLIC HEARINGS
1.Maplewood Mall Area Improvements – Tax Increment Financing (TIF) Request, 3001
White Bear Avenue
a.Resolution Approving TIF Plan for Economic Development TIF District 1-11
b.Resolution Approving Inter-Fund Loan
I.UNFINISHED BUSINESS
1.Organized Trash Collection System Analysis
a.Resolution Approving Scope of Work and Budget for Consultant Assistance
b.Resolution Approving General Consultant Service Agreement with Foth
Infrastructure & Environment, LLC
J.NEW BUSINESS
1.Consideration of Penalties for Alcohol and Tobacco Compliance Failures
K.VISITOR PRESENTATIONS
L.AWARD OF BIDS
M.ADMINISTRATIVE PRESENTATIONS
N.COUNCIL PRESENTATIONS
O.ADJOURNMENT
Sign language interpreters for hearing impaired persons are available for public hearings upon request. The
request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2001 to
make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability.
RULES OF CIVILITY FOR OUR COMMUNITY
Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings
– elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard
and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is
understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep
emotions in check and use respectful language.
Agenda Item E1
MINUTES
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
5:15 p.m., Monday,April 11, 2011
Council Chambers, City Hall
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 5:17 p.m.by Mayor Rossbach.
B. ROLL CALL
Will Rossbach, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
James Llanas, Councilmember Present
John Nephew, Councilmember Present
C.APPROVAL OF AGENDA
Councilmember Llanas moved to approve the agenda as submitted.
Seconded by CouncilmemberKoppen. Ayes – All
The motion passed.
D.UNFINISHED BUSINESS
1.2010 Financial Summary
a.Finance Manager, Gayle Baumangave the 2010 Financial Summary Report.
b.Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the
council.
c. City Manager, Jim Antonen answered questions of the council.
d.Maplewood Police Chief, Dave Thomalla answered questions of the council.
e.IT Director, Mychal Fowlds answered questions of thecouncil.
2.MCC Fund Discussion
a.Parks and Recreation Director, DuWayne Konewko gave the MCC Fund Report.
3.Discussion on Referendum Timing and Topics
a.Assistant City Manager, Public Works Director, Chuck Ahl gave a report on referendum
timing and other topics.
b.City Clerk, Director Citizen Services, Karen Guilfoile addressed the council.
c. Maplewood Police Chief, Dave Thomalla answered questions of the council.
d.Maplewood Fire Chief, Steve Lukin answered questions of the council.
e.Finance Manager, Gayle Bauman answered questions of the council.
f.City Manager, Jim Antonen addressed the council.
April 11, 2011 1
City Council Manager Workshop Minutes
E.NEW BUSINESS
None.
F. ADJOURNMENT
Mayor Rossbachadjourned the meeting at 6:52p.m.
April 11, 2011 2
City Council Manager Workshop Minutes
Agenda Item E2
MINUTES
MAPLEWOOD CITY COUNCIL
A.CALL TO ORDER
B.PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. APPROVAL OF AGENDA
E. APPROVAL OF MINUTES
1.Approval of March 28, 2011, City Council Meeting Minutes
2.Approval of April 4, 2011, City Council Workshop Minutes
F. APPOINTMENTS AND PRESENTATIONS
1.Appointments to Board and Commissions
RESOLUTION11-04-556
Parks & Recreation Commission
Housing Redevelopment Authority
Community Design Review Board
Heritage Preservation Commission
G. CONSENT AGENDA
1. Approval of Claims
GRAND TOTAL
2.Approval of Agreement for Codification Services
3.Approval of Community Design Review Board’s 2010 Annual Report
4.Approval of Business and Economic Development Commission’s 2010 Annual Report
5.Approval of Planned Unit Development Review – Woodlynn Pond Townhomes, 3068 –3099
Chisholm Court North and 2053 – 2073 Woodlyn Avenue
6.Approval of Contract Addendum for City Manager, Jim Antonen
7.Approval of Budget Adjustments and Transfers for 2011
8.Approval to Purchase Police and Fire 800 MHz Radios
9.Approval of 2010 Parks & Recreation Commission Report
10.Approval of Engineering Services for MCC Pool Improvement
11.Approval of Donation to Landfall Cops’N Kids Fishing Clinic
RESOLUTION 11-4-550
AUTHORIZING GIFT TO CITY
12.Approval of Joint Powers Agreement with Resolution with the Bureau of Criminal
Apprehension
CITY OF MAPLEWOOD
RAMSEY COUNTY, MINNESOTA
RESOLUTION 11-4-551
APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS
WITH THE CITY OF MAPLEWOOD
ON BEHALF OF ITS POLICE DEPARTMENT
WHEREAS,
NOW, THEREFORE, BE IT RESOLVED,
13.Approval of White Bear Avenue/County Road D Improvements, Project 08-13, Consider
Conduit for Potential Specialty Lighting
14.Approval of 2011 Bituminous Purchase
15.Approval of 2011 Roadway Striping
16.Approval to Purchase 2011-2012 Road Salt
nd
17.Approval of the Woodlands of Maplewood (2Developer), City Project 10-19, Board of
Water Commissioners of the City of Saint Paul Private Water Main Agreement
18.Approval of Western Hills Area Street Improvements, Project 10-14, Resolution Accepting
Assessment Roll and Ordering Assessment Hearing for May 9, 2011
RESOLUTION 11-4-552
ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT ROLL HEARING
H. PUBLIC HEARING
1.Gladstone Area Redevelopment – Phase 1, City Project 04-21
RESOLUTION11-4-553
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
amended
2.Second Reading of Park Hours Ordinance
ORDINANCE 912
AN ORDINANCE AMENDING THE TIME OF USE IN PARKS
I.UNFINISHED BUSINESS
1.Myth Nightclub Shared Parking Agreement with the Days Inn – Located at 3090
Southlawn Drive
Nay
J.NEW BUSINESS
1.Vacation of Excess Right-of-Way, Hazelwood Street and County Road D East
VACATION RESOLUTION 11-4-554
2.Consider Approval of Architectural Review of Space Needs for Police Department
3.Preliminary Approval for Issuance of Bonds
EXTRACT OF MINUTES OF A MEETING
OF THE CITY COUNCIL
CITY OF MAPLEWOOD, MINNESOTA
HELD: April 11, 2011
RESOLUTION 11-4-555
PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $10,000,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2011A
K. VISITOR PRESENTATIONS
L.AWARDOF BIDS
M.ADMINISTRATIVE PRESENTATIONS
N.COUNCIL PRESENTATIONS
st
1.May 1Memorial Dedication
th
2.City Clean Up April 30
3.Trash in the Gutters
4.Applebee’s Support of Bergeron MemorialFund
5.Dog Park Conversationfor Four Seasons Park
6.Met Council
O.ADJOURNMENT
Agenda Item F1
Agenda Report
TO:
James W. Antonen, City Manager
FROM:
Chuck Ahl, Assistant City Manager
Sarah Burlingame, Senior Administrative Assistant
DATE:
April 20, 2011
LMCIT Board on Insurance Reduction
SUBJECT:
INTRODUCTION/RECOMMENDATION
The League of Minnesota Cities Insurance Trust (LMCIT) is a cooperative, member-owned
organization that provides property, liability, workers' compensation and employee benefit
needs to Minnesota cities. The City of Maplewood is a member of this organization.Members
contribute premiums to a jointly-owned fund rather than paying premiums to buy insurance from
a private insurance company.The funds are used to pay for members' claims, losses and
expenses.
Dan Greensweigis the Assistant Director of the League of Minnesota Cities Insurance Trust
(LMCIT). Mr. Greensweig will be giving a 15 minute presentation Maplewood’s reduction in
employee liability claims and the affect on our coverage.
Agenda Report
TO:
FROM:
DATE:
Appointmentto
SUBJECT:Business & Economic Development Commission
INTRODUCTION/RECOMMENDATION
RESOLUTIONNO. ______
Business & Economic Development Commission
Agenda Report
TO:
FROM:
DATE:
SUBJECT:Proclamation of Public Service Recognition Week
INTRODUCTION
RECOMMENDATION
PUBLIC SERVICE RECOGNITION WEEK
In honor of the millions of public employees at the federal, state, county, and city levels:
Whereas:
Whereas:
Whereas:
Whereas:
Whereas:
Therefore:
MEMORANDUM
TO: James Antonen, City Manager
FROM: David Fisher, Building Official
Chuck Ahl, Assistant City Manager
SUBJECT: Consider Adoption of Proclamation for Building Safety Month - May 2011
DATE: April 18, 2011
INTRODUCTION
Building Safety Month will be celebrated across the nation and around the world during the month of
May 2011. Building Safety Month raises public awareness of building safety by promoting the use,
enforcement and understanding of building safety and fire prevention codes. The purpose of these
codes is to help protect lives and property. “Building Safety: Where You Live, Work and Play” is the
theme of Building Safety Month 2011.
Inspectors, plan reviewers and other code enforcement officials in the city work to ensure the
structures you and your families live, work and play in are safe. The Maplewood inspection staff are
active members of the International Code Council, an association that develops building safety and
fire prevention codes that are used in more than 15,000 jurisdictions across the nation. Building
Safety Week, first observed in 1980, is sponsored by the International Code Council Foundation, an
organization dedicated to changing the devastating effects of natural disasters and other building
tragedies at home and around the world.
Our department is using Building Safety Month to educate the community. It is an opportunity to
increase public awareness of the role building safety and fire prevention officials, local and state
building departments and federal agencies play to protect lives and property. They are the “silent
defenders” who are seldom seen but work daily to ensure safety in the built environment.
RECOMMENDATION
Adopt the proclamation for May of 2011, as Building Safety Month and demonstrate our commitment
to building safety and fire prevention in our community.
Attachment: Building Safety Month May 2011 Proclamation
P: Code Enforcement DAVE Proclamation 2011
PROCLAMATION
BUILDING SAFETY MONTH - MAY 2011
Whereas, our city’s continuing efforts to address the critical issues of safety, energy efficiency, water
conservation and sustainability in the built environment that affect our citizens, both in everyday life and
in times of natural disaster, give us confidence that our structures are safe and sound, and;
Whereas, our confidence is achieved through the devotion of vigilant guardians – building safety and fire
prevention officials, architects, engineers, builders, laborers, and others in the construction industry –
who work year-round to ensure the safe construction of buildings and;
Whereas, these guardians – dedicated members of the International Code Council - develop and
implement the highest-quality codes to protect Americans in the buildings where we live, learn, work,
worship, play, and;
Whereas, the International Codes, the most widely adopted building safety, energy and fire prevention
codes in the nation, are used by most U.S. cities, counties and states; these modern, building codes also
include safeguards to protect the public from natural disasters such as hurricanes, snowstorms,
tornadoes, wildfires and earthquakes; and;
Whereas, Building Safety Month is sponsored by the International Code Council and International Code
Council Foundation, to remind the public about the critical role of our communities’ largely unknown
guardians of public safety – our local code officials – who assure us of safe, efficient and livable
buildings, and;
Whereas, “Building Safety Month: An International Celebration of Safe and Sensible Structures” the
theme for Building Safety Month 2011, encourages all Americans to raise awareness of the importance
of building safety; green and sustainable buildings; pool, spa and hot tub safety; and new technologies in
the construction industry. Building Safety Month 2011, encourages appropriate steps everyone can take
to ensure that the places where we live, learn, work, worship and play are safe and sustainable, and
recognizes that countless lives have been saved due to the implementation of safety codes by local and
state agencies, and;
Whereas, each year, in observance of Building Safety Month, Americans are asked to consider projects
to improve building safety and sustainability at home and in the community, and to acknowledge the
services provided to all of us by local and state building departments and federal agencies in protecting
lives and property.
Now, therefore, it is hereby proclaimed that the month of May 2011 is Building Safety Month in the City of
Maplewood. Accordingly, our citizens are encouraged to join their community in participating in Building
Safety Month activities and assisting efforts to improve building safety.
Adopted this 25th Day of April 2011
__________________________________ _____________________________
Will Rossbach, Mayor Karen Guilfoile, City Clerk
G-1
AGENDA NO.
AGENDA REPORT
TO:City Council
Finance Manager
FROM:
RE:APPROVAL OF CLAIMS
April 25, 2011
DATE:
Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills
and authorized payment in accordance with City Council approved policies.
ACCOUNTS PAYABLE:
$ 272,763.43Checks # 84036 thru # 84093
dated 04/01/11 thru 04/12/11
$ 340,008.62Disbursements via debits to checking account
dated 03/30/11 thru 04/08/11
$ 102,678.96Checks # 84094 thru # 84143
dated 04/13/11 thru 04/19/11
$ 185,483.93Disbursements via debits to checking account
dated 04/08/11 thru 04/11/11
$ 900,934.94Total Accounts Payable
PAYROLL
$ 506,437.59Payroll Checks and Direct Deposits dated 04/15/11
$ 2,810.70Payroll Deduction check # 9984064 thru # 9984067
dated 04/15/11
$ 509,248.29Total Payroll
$ 1,410,183.23GRAND TOTAL
Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the
attached listing. This will allow me to check the supporting documentation on file if necessary.
kf
attachments
Check Register
City of Maplewood
CheckDateVendorDescriptionAmount
Checks in this report.
58
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
TransmittedSettlement
DateDatePayeeDescriptionAmount
TOTAL340,008.62
Check Register
City of Maplewood
CheckDateVendorDescriptionAmount
102,678.96
Checks in this report.
50
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
TransmittedSettlement
DateDatePayeeDescriptionAmount
TOTAL185,483.93
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT
04/15/11JUENEMANN, KATHLEEN416.42
04/15/11KOPPEN, MARVIN416.42
04/15/11LLANAS, JAMES416.42
04/15/11NEPHEW, JOHN416.42
04/15/11ROSSBACH, WILLIAM473.15
04/15/11STRAUTMANIS, MARIS172.00
04/15/11AHL, R. CHARLES4,958.72
04/15/11ANTONEN, JAMES5,300.00
04/15/11BURLINGAME, SARAH1,935.84
04/15/11KANTRUD, HUGH184.62
04/15/11CHRISTENSON, SCOTT2,020.93
04/15/11FARR, LARRY2,885.65
04/15/11JAHN, DAVID1,840.37
04/15/11HENNING, KARISSA92.30
04/15/11RAMEAUX, THERESE3,030.67
04/15/11BAUMAN, GAYLE3,860.96
04/15/11FORMANEK, KAREN1,573.24
04/15/11ANDERSON, CAROLE1,541.31
04/15/11DEBILZAN, JUDY1,234.17
04/15/11JACKSON, MARY2,102.98
04/15/11KELSEY, CONNIE2,569.25
04/15/11RUEB, JOSEPH2,493.81
04/15/11ARNOLD, AJLA458.73
04/15/11CAREY, HEIDI2,005.19
04/15/11GUILFOILE, KAREN4,176.43
04/15/11KROLL, LISA1,627.96
04/15/11NEPHEW, MICHELLE1,630.15
04/15/11SCHMIDT, DEBORAH2,589.83
04/15/11SPANGLER, EDNA1,053.02
04/15/11CORTESI, LUANNE1,050.23
04/15/11LARSON, MICHELLE1,758.15
04/15/11MECHELKE, SHERRIE1,107.69
04/15/11MOY, PAMELA1,107.69
04/15/11OSTER, ANDREA1,886.77
04/15/11RICHTER, CHARLENE1,037.94
04/15/11SCHOENECKER, LEIGH1,136.52
04/15/11WEAVER, KRISTINE2,239.50
04/15/11CORCORAN, THERESA1,882.16
04/15/11KVAM, DAVID4,188.29
04/15/11PALANK, MARY1,894.77
04/15/11POWELL, PHILIP2,903.66
04/15/11SVENDSEN, JOANNE2,081.79
04/15/11THOMALLA, DAVID4,936.26
04/15/11YOUNG, TAMELA1,882.16
04/15/11ABEL, CLINT3,001.43
04/15/11ALDRIDGE, MARK3,254.07
04/15/11BAKKE, LONN2,901.07
04/15/11BARTZ, PAUL3,658.59
04/15/11BELDE, STANLEY2,954.18
04/15/11BENJAMIN, MARKESE2,786.69
04/15/11BIERDEMAN, BRIAN3,262.46
04/15/11BOHL, JOHN3,112.67
04/15/11BUSACK, DANIEL3,313.05
04/15/11COFFEY, KEVIN2,947.82
04/15/11CROTTY, KERRY3,575.20
04/15/11DEMULLING, JOSEPH2,786.69
04/15/11DOBLAR, RICHARD3,737.66
04/15/11DUGAS, MICHAEL3,887.83
04/15/11ERICKSON, VIRGINIA2,998.16
04/15/11FLOR, TIMOTHY3,480.81
04/15/11FORSYTHE, MARCUS1,947.18
04/15/11FRASER, JOHN3,297.29
04/15/11FRITZE, DEREK2,687.63
04/15/11GABRIEL, ANTHONY3,144.52
04/15/11HAWKINSON JR, TIMOTHY2,860.99
04/15/11HER, PHENG2,423.48
04/15/11HIEBERT, STEVEN3,063.23
04/15/11JOHNSON, KEVIN4,379.82
04/15/11KALKA, THOMAS896.28
04/15/11KARIS, FLINT3,591.00
04/15/11KONG, TOMMY2,908.67
04/15/11KREKELER, NICHOLAS822.78
04/15/11KROLL, BRETT2,921.60
04/15/11LANGNER, SCOTT3,293.35
04/15/11LANGNER, TODD2,785.00
04/15/11LU, JOHNNIE2,987.33
04/15/11LYNCH, KATHERINE2,371.94
04/15/11MARINO, JASON3,275.75
04/15/11MARTIN, JERROLD3,001.43
04/15/11MCCARTY, GLEN2,975.01
04/15/11METRY, ALESIA2,869.16
04/15/11NYE, MICHAEL3,143.71
04/15/11OLSON, JULIE3,144.65
04/15/11PARKER, JAMES1,947.18
04/15/11REZNY, BRADLEY2,555.55
04/15/11RHUDE, MATTHEW2,823.69
04/15/11SHORTREED, MICHAEL4,060.51
04/15/11STEINER, JOSEPH3,375.64
04/15/11SYPNIEWSKI, WILLIAM2,785.00
04/15/11SZCZEPANSKI, THOMAS3,063.23
04/15/11TAUZELL, BRIAN2,490.35
04/15/11THEISEN, PAUL3,333.89
04/15/11THIENES, PAUL3,433.90
04/15/11TRAN, JOSEPH3,260.04
04/15/11WENZEL, JAY2,908.67
04/15/11XIONG, KAO2,895.38
04/15/11ACOSTA, MARK312.00
04/15/11ARKSEY, CHARLES60.00
04/15/11BASSETT, BRENT306.00
04/15/11BAUMAN, ANDREW2,743.40
04/15/11BRADBURY, RYAN168.00
04/15/11BRESIN, ROBERT240.00
04/15/11CAPISTRANT, JACOB234.00
04/15/11CAPISTRANT, JOHN432.00
04/15/11CRAWFORD, RAYMOND624.00
04/15/11DAWSON, RICHARD2,803.86
04/15/11DIERICH, REBECCA174.00
04/15/11EVERSON, PAUL2,861.05
04/15/11FASULO, WALTER472.50
04/15/11FOSSUM, ANDREW2,575.55
04/15/11HALWEG, JODI2,752.02
04/15/11HEFFERNAN, PATRICK399.00
04/15/11HENDRICKSON, NICHOLAS2,236.38
04/15/11HUTCHINSON, JAMES252.00
04/15/11JOHNSON, JAMES958.75
04/15/11JONES, JONATHAN372.00
04/15/11KANE, ROBERT560.00
04/15/11KARRAS, JAMIE702.00
04/15/11KERSKA, JOSEPH390.00
04/15/11KONDER, RONALD612.00
04/15/11KUBAT, ERIC2,760.97
04/15/11LINDER, TIMOTHY2,647.32
04/15/11LOCHEN, MICHAEL552.00
04/15/11MELLEN, CHRISTOPHER216.00
04/15/11MILLER, NICHOLAS222.00
04/15/11MONSON, PETER240.00
04/15/11MORGAN, JEFFERY273.00
04/15/11NIELSEN, KENNETH312.00
04/15/11NOVAK, JEROME2,803.86
04/15/11NOWICKI, PAUL132.00
04/15/11OLSON, JAMES2,575.55
04/15/11OPHEIM, JOHN476.00
04/15/11PACHECO, ALPHONSE145.00
04/15/11PETERSON, MARK574.00
04/15/11PETERSON, ROBERT3,313.82
04/15/11PLACE, ANDREA2,553.32
04/15/11POWERS, KENNETH366.00
04/15/11RAINEY, JAMES624.00
04/15/11RAVENWALD, CORINNE420.00
04/15/11REYNOSO, ANGEL288.00
04/15/11RICE, CHRISTOPHER795.00
04/15/11RODRIGUEZ, ROBERTO252.00
04/15/11SCHULTZ, JEROME444.00
04/15/11SEDLACEK, JEFFREY2,803.86
04/15/11STREFF, MICHAEL2,575.55
04/15/11SVENDSEN, RONALD3,327.08
04/15/11WHITE, JOEL300.00
04/15/11GERVAIS-JR, CLARENCE3,718.71
04/15/11LUKIN, STEVEN4,475.33
04/15/11ZWIEG, SUSAN2,234.15
04/15/11KNUTSON, LOIS1,996.55
04/15/11NIVEN, AMY1,411.62
04/15/11PRIEFER, WILLIAM2,713.17
04/15/11BRINK, TROY2,414.70
04/15/11BUCKLEY, BRENT2,096.12
04/15/11DEBILZAN, THOMAS2,173.35
04/15/11EDGE, DOUGLAS2,352.73
04/15/11HAMRE, MILES576.00
04/15/11JONES, DONALD2,219.33
04/15/11MEISSNER, BRENT1,907.85
04/15/11NAGEL, BRYAN3,408.40
04/15/11OSWALD, ERICK2,377.97
04/15/11RUNNING, ROBERT2,462.02
04/15/11TEVLIN, TODD2,203.33
04/15/11BURLINGAME, NATHAN2,843.02
04/15/11DUCHARME, JOHN2,713.97
04/15/11ENGSTROM, ANDREW2,459.77
04/15/11JACOBSON, SCOTT2,843.57
04/15/11JAROSCH, JONATHAN2,848.54
04/15/11KREGER, JASON3,069.77
04/15/11KUMMER, STEVEN3,239.18
04/15/11LINDBLOM, RANDAL4,037.38
04/15/11LOVE, STEVEN3,281.21
04/15/11THOMPSON, MICHAEL3,914.78
04/15/11ZIEMAN, SCOTT198.80
04/15/11EDSON, DAVID2,170.59
04/15/11HINNENKAMP, GARY2,138.46
04/15/11MARUSKA, MARK3,183.11
04/15/11NAUGHTON, JOHN2,125.35
04/15/11NORDQUIST, RICHARD2,127.66
04/15/11SCHINDELDECKER, JAMES2,129.97
04/15/11BIESANZ, OAKLEY1,688.47
04/15/11DEAVER, CHARLES545.29
04/15/11GERNES, CAROLE1,063.14
04/15/11HAYMAN, JANET1,408.66
04/15/11HUTCHINSON, ANN2,622.80
04/15/11SOUTTER, CHRISTINE267.76
04/15/11WACHAL, KAREN865.08
04/15/11GAYNOR, VIRGINIA3,211.95
04/15/11KONEWKO, DUWAYNE4,390.46
04/15/11OLSON, ERICA1,109.91
04/15/11SINDT, ANDREA2,013.80
04/15/11THOMPSON, DEBRA752.86
04/15/11EKSTRAND, THOMAS3,800.52
04/15/11FINWALL, SHANN3,202.16
04/15/11MARTIN, MICHAEL2,606.15
04/15/11BRASH, JASON2,259.75
04/15/11CARVER, NICHOLAS3,211.95
04/15/11FISHER, DAVID3,778.99
04/15/11SWAN, DAVID2,738.95
04/15/11WELLENS, MOLLY1,677.02
04/15/11BERGER, STEPHANIE277.88
04/15/11JANASZAK, MEGHAN594.75
04/15/11KOHLMAN, JENNIFER97.38
04/15/11ROBBINS, AUDRA2,847.74
04/15/11ROBBINS, CAMDEN54.25
04/15/11SCHALLER, SCOTT245.81
04/15/11SCHALLER, TYLER52.56
04/15/11TAYLOR, JAMES2,348.40
04/15/11THOMFORDE, FAITH1,533.01
04/15/11ADAMS, DAVID1,993.70
04/15/11GERMAIN, DAVID2,134.59
04/15/11HAAG, MARK2,288.55
04/15/11SCHULTZ, SCOTT2,914.49
04/15/11ANZALDI, MANDY1,334.47
04/15/11BRENEMAN, NEIL1,527.70
04/15/11CRAWFORD - JR, RAYMOND649.42
04/15/11EVANS, CHRISTINE1,443.16
04/15/11GLASS, JEAN2,103.67
04/15/11HANSEN, LORI5,751.68
04/15/11HER, PETER444.10
04/15/11HOFMEISTER, MARY1,083.30
04/15/11HOFMEISTER, TIMOTHY478.63
04/15/11KLUCAS, PETER100.00
04/15/11KULHANEK-DIONNE, ANN478.13
04/15/11OLSON, SANDRA52.50
04/15/11PELOQUIN, PENNYE631.48
04/15/11PENN, CHRISTINE2,199.26
04/15/11SHERRILL, CAITLIN632.63
04/15/11STARK, SUE339.94
04/15/11VANG, KAY247.56
04/15/11VUE, LOR PAO178.50
04/15/11ZIELINSKI, JUDY57.75
04/15/11ANDERSON, JUSTIN175.20
04/15/11ANDERSON, MAXWELL186.20
04/15/11BAUDE, SARAH115.25
04/15/11BEITLER, JULIE96.00
04/15/11BRENEMAN, SEAN304.75
04/15/11BRUSOE, CRISTINA109.00
04/15/11BUCKLEY, BRITTANY182.70
04/15/11BUTLER, ANGELA58.00
04/15/11CAMPBELL, JESSICA1,437.33
04/15/11CLARK, PAMELA120.50
04/15/11CRANDALL, KRISTA80.73
04/15/11DEMPSEY, BETH61.25
04/15/11DUNN, RYAN1,118.94
04/15/11EKSTRAND, DANIEL102.90
04/15/11ERICKSON-CLARK, CAROL102.50
04/15/11FONTAINE, KIM345.50
04/15/11GIPPLE, TRISHA103.44
04/15/11GRAY, MEGAN67.81
04/15/11GRUENHAGEN, LINDA563.00
04/15/11HAGSTROM, EMILY96.50
04/15/11HANSEN, HANNAH131.58
04/15/11HEINRICH, SHEILA575.00
04/15/11HOLMBERG, LADONNA848.50
04/15/11HORWATH, RONALD2,589.01
04/15/11JOHNSON, BARBARA361.80
04/15/11JOYER, JENNA16.20
04/15/11KOHLER, ROCHELLE96.00
04/15/11KOLLER, NINA135.23
04/15/11KRONHOLM, KATHRYN733.76
04/15/11MCCANN, NATALIE119.00
04/15/11MCCORMACK, MELISSA62.48
04/15/11METCALF, JOLENE42.25
04/15/11NADEAU, KELLY118.98
04/15/11PEHOSKI, JOEL104.00
04/15/11PROESCH, ANDY691.04
04/15/11RENFORD, NICHOLAS87.00
04/15/11RICHTER, DANIEL98.00
04/15/11RONNING, ISAIAH117.00
04/15/11RONNING, ZACCEUS21.90
04/15/11SCHREIER, ROSEMARIE98.00
04/15/11SCHREINER, MICHELLE273.60
04/15/11SCHUNEMAN, GREGORY78.85
04/15/11SJERVEN, BRENDA150.00
04/15/11SMITH, ANN110.50
04/15/11SMITLEY, SHARON333.60
04/15/11TAYLOR, JASON116.13
04/15/11THORWICK, MEGAN14.70
04/15/11TREPANIER, TODD540.00
04/15/11TRUE, ANDREW38.93
04/15/11TUPY, ELIANA68.00
04/15/11TUPY, HEIDE24.40
04/15/11TUPY, MARCUS256.60
04/15/11WARNER, CAROLYN211.20
04/15/11WEDES, CARYL49.00
04/15/11WEEVER, NAOMI68.88
04/15/11WOLFGRAM, TERESA96.00
04/15/11BOSLEY, CAROL278.10
04/15/11DANIEL, BREANNA27.50
04/15/11GIERNET, ASHLEY18.00
04/15/11HITE, ANDREA101.25
04/15/11LANGER, CHELSEA80.75
04/15/11LANGER, KAYLYN104.50
04/15/11SAVAGE, KAREN10.00
04/15/11ZAGER, LINNEA375.50
04/15/11BEHAN, JAMES1,988.18
04/15/11COLEMAN, PATRICK397.50
04/15/11DOUGLASS, TOM1,320.90
04/15/11FULFORD, ZAHKIYA235.63
04/15/11JOHNSON, JUSTIN180.00
04/15/11LONETTI, JAMES480.00
04/15/11MALONEY, SHAUNA285.00
04/15/11PRINS, KELLY1,316.68
04/15/11REILLY, MICHAEL1,915.75
04/15/11SCHULZE, KEVIN480.00
04/15/11THOMPSON, BENJAMIN293.00
04/15/11VALERIO, TARA200.00
04/15/11VANG, PETER322.63
04/15/11XIONG, NAO58.00
04/15/11AICHELE, CRAIG2,232.27
04/15/11PRIEM, STEVEN2,449.75
04/15/11WOEHRLE, MATTHEW2,578.71
04/15/11BERGO, CHAD2,651.63
04/15/11FOWLDS, MYCHAL3,469.86
04/15/11FRANZEN, NICHOLAS2,413.50
998403604/01/11MCLAURIN, CHRISTOPHER206.40
998404704/15/11BAHL, DAVID469.00
998404804/15/11HALE, JOSEPH609.00
998404904/15/11HERLUND, RICK150.00
998405004/15/11MELLEN, RICHARD396.00
998405104/15/11WYSE, ROBERT324.00
998405204/15/11BETHEL III, CHARLES89.25
998405304/15/11VUKICH, CANDACE52.56
998405404/15/11ANDERSON, ALYSSA24.19
998405504/15/11FLUEGEL, LARISSA33.98
998405604/15/11JOYER, ANTHONY88.80
998405704/15/11MCLAURIN, CHRISTOPHER360.60
998405804/15/11MCMAHON, MICHAEL51.45
998405904/15/11NORTHOUSE, KATHERINE72.63
998406004/15/11ROSTRON, ROBERT502.70
998406104/15/11SCHREINER, MARK31.20
998406204/15/11WEINHAGEN, SHELBY133.91
998406304/15/11STEFFEN, MICHAEL87.00
TOTAL
506,437.59
Transaction DatePosting DateMerchant NameTransaction AmountName
TOTAL$58,345.65
AGENDA NO.
G-2
AGENDA REPORT
TO:
City Manager
FROM:
Finance Manager
Closure of Debt Service Funds
RE:
DATE:
April 13, 2011
INTRODUCTION
Three debt service funds need to be closed because bonds have been called and
refinanced by refunding bonds.
DISCUSSION
The Refunding Bonds Series 2010B were issued to refinance the Tax Increment
Refunding Bonds Series 2002C, the Improvement Refunding Bonds Series 2003A, and
the Sewer Revenue Refunding Bonds Series 2003B. The transfers listed below are
needed for the refunding bonds to close the funds.
From To
Amount Fund Series Fund Series
$ 1,032,585.31 363 2010B Bonds 343 2002C Bonds
1,830,516.56363 2010B Bonds 345 2003A Bonds
782,218.30363 2010B Bonds 346 2003B Bonds
FINANCIAL IMPACT
There is no financial impact to the city as the proposal is to transfer money between
funds.
RECOMMENDATION
It is recommended that the Council authorize the transfers listed above and authorize
the Finance Manager to make the appropriate budget adjustments.
P:\COUNCIL FILES\AGENDAS\2011\04 - close debt funds.doc
AGENDA NO. G-3
AGENDA REPORT
TO:
City Manager
FROM:
Finance Manager
RE
: Approval of Resolution Approving the Terms of Interfund Loan in Connection with
Tax Increment Financing District 1-10
DATE:
April 19, 2011
INTRODUCTION
It is proposed that the attached resolution be approved to allow automatic interfund loans for tax
increment district 1-10 and to provide the terms and conditions for repayment.
DISCUSSION
State law requires that interfund loans be approved in advance along with the terms and conditions for
repayment . It is city policy to automatically make interfund loans when a fund has a temporary cash
deficit. These resolutions are a requirement by state law for TIF Districts.
FINANCIAL IMPACT
This will allow for the reimbursement of costs financed from City funds prior to the collection of tax
increments.
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution to allow automatic interfund loans
for tax increment district 1-10 and to provide the terms and conditions for repayment.
P:\COUNCIL FILES\AGENDAS\2011\04-TIF INTERFUND LOAN 1-10.DOC
3736162v1
RESOLUTION NO. ____
RESOLUTION APPROVING THE TERMS OF UP TO A
$533,645 INTERFUND LOAN IN CONNECTION WITH
TAX INCREMENT FINANCING DISTRICT NO. 1-10
BE IT RESOLVED by the City Council (the "Council") of the City of Maplewood,
Minnesota (the "City"), as follows:
Section 1.Background.
(a)The City has heretofore approved the establishment of Tax Increment Financing
District No. 1-10 (the "TIF District") within Development District No. 1, and has adopted a tax
increment financing plan for the TIF District (the "TIF Plan").
(b)The City has determined to pay for certain costs identified in the TIF Plan
consisting of land/building acquisition, public utilities, special assessments, site
improvements/preparation and administrative costs (the "Qualified Costs") incurred in
connection with the establishment of the TIF District and development of land within the TIF
District, which costs will be financed on a temporary basis from City funds available for such
purposes.
(c)Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to
advance or loan money from the City's general fund or any other fund from which such advances
may be legally made, in order to finance the Qualified Costs.
(d)The City intends to reimburse itself for the payment of the Qualified Costs, plus
interest thereon, from tax increments derived from the TIF District in accordance with the terms
of this resolution (which terms are referred to collectively as the "Interfund Loan").
Section 2.Terms of Interfund Loan.
(a)The City hereby authorizes the advance of up to $533,645 from
the________________ or the City's General Fund or so much thereof as may be paid as
Qualified Costs. The City shall reimburse itself for such advances together with interest at the
rate stated below. Interest accrues on the principal amount from the date of each advance. The
maximum rate of interest permitted to be charged is limited to the greater of the rates specified
under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan or advance
is authorized, unless the written agreement states that the maximum interest rate will fluctuate as
the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from
time to time adjusted. The interest rate shall be 4% and will not fluctuate.
(b)Principal and interest on the Interfund Loan shall be paid semi-annually on each
February 1 and August 1 (each a "Payment Date") commencing with the Payment Date on which
the City has Available Tax Increment (defined below), or on any other dates determined by the
City Manager, through the last receipt of tax increment from the TIF District.
1
3736162v1
(c)Payments on the Interfund Loan are payable solely from "Available Tax
Increments" which shall mean, on each Payment Date, all of the tax increment available after
other obligations have been paid, generated in the preceding six (6) months with respect to the
property within the TIF District and remitted to the City by Ramsey County, all in accordance
with Minnesota Statutes, Sections 469.174 to 469.1799. Payments on the Interfund Loan are
subordinate to any outstanding or future bonds, notes or contracts secured in whole or in part
with Available Tax Increment, and are on parity with any other outstanding or future interfund
loans secured in whole or in part with Available Tax Increment.
(d)The principal sum and all accrued interest payable under the Interfund Loan are
pre-payable in whole or in part at any time by the City without premium or penalty. No partial
prepayment shall affect the amount or timing of any other regular payment otherwise required to
be made under this Interfund Loan.
(e)The Interfund Loan is evidence of an internal borrowing by the City in
accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation
payable solely from Available Tax Increment pledged to the payment hereof under this
resolution. The Interfund Loan and the interest hereon shall not be deemed to constitute a
general obligation of the State of Minnesota or any political subdivision thereof, including,
without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof
shall be obligated to pay the principal of or interest on the Interfund Loan or other costs incident
hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing
power of the State of Minnesota or any political subdivision thereof is pledged to the payment of
the principal of or interest on the Interfund Loan or other costs incident hereto. The City shall
have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon,
which may remain unpaid after the final Payment Date.
(f)The City may amend the terms of the Interfund Loan at any time by resolution of
the City Council, including a determination to forgive the outstanding principal amount and
accrued interest to the extent permissible under law.
Section 3.Effective Date. This resolution is effective upon the date of its approval.
th
Adopted this 25 day of April, 2011.
__________________________________________
Mayor
ATTEST:
City Manager
2
3736162v1
Agenda Item G4
AGENDA REPORT
TO:
Jim Antonen,City Manager
FROM:
Steve Lukin, Fire Chief
SUBJECT:
Approval to Accept the Assistance to Firefighter Grant and
Authorization to Purchase Equipment
DATE:
April 19, 2011
INTRODUCTION
In March of 2010, the department applied for an “Assistance to Firefighter Grant” offered by
FEMA. Our grant request was for power cots, automatic CPR devices, stair chairs and carbon
monoxide/SP02 monitors. The grant request was in the total amount of $171,500of which 10%
of the total amount is required to be covered by the departmentleaving ourshare at$17,150. In
March of 2011, we were notified that we were awarded our requested grant in the total amount to
cover the equipment that we requested. Due to the changes made to the fire department, we no
longer need the total numbers of each piece of equipment we originally requested. Our new
purchase amount will be $150,889.73and our share willbe $15,089 which will come from the
department’s 2011 budget.
RECOMMENDATION
I recommend that the city councilaccept the Assistance to Firefighter Grant and authorize the
purchase of the following equipment: three carbon monoxide/SPO2 monitors in the amount of
$13,194.58from Masimo Manufacturing, four power cots in the amount of $44,999.30andone
stair chair in the amount of $2,687.68from Stryker Manufacturing and six power CPR devices in
the amount of $90,008.17from Physio Control.
AGENDA REPORT
TO:
James Antonen, City Manager
FROM:
Michael Thompson, City Engineer/ Dep. Public Works Director
SUBJECT: Gladstone Area Redevelopment Improvements, Project 04-21
a. Resolution Approving Plans and Specifications and Authorizing
Advertisement for Bids
b. Resolution Ordering Preparation of Assessment Roll
c. Resolution Accepting Assessment Roll and Ordering Assessment
Hearing
DATE:
April 20, 2011
INTRODUCTION
Final plans and specifications for the above referenced project have been completed and are ready to
be advertised for bids. The bid opening for this project is proposed to be scheduled at 10:00 a.m. on
Wednesday, May 18, 2011 in council chambers. The next step after approving the plans/specs and
authorizing the advertisement for bids is ordering the preparation of the assessment roll and also
approving the roll (consistent with the approved Developer Agreement). An assessment hearing would
be set for May 23, 2011 at 7:00pm upon council approving the roll and calling for the hearing. The
award of bid would be considered by the city council at the May 23, 2011 meeting after the assessment
hearing is conducted.
BACKGROUND/DISCUSSION
The plans and specifications are complete and are based on the approved Gladstone Master Plan and
Alternative Urban Areawide Review, in addition to coordination with the developer’s engineer. The only
property proposed for a special assessment is The Shores property (former tourist cabin site), which is
outlined in detail in the developer agreement. The attached proposed assessment roll shows the owner
of record as Rand Corporation currently. However, the proposed new owner of the property is
Maplewood Senior Living, LLC. Assessment notices will be sent to both parties.
RECOMMENDATION
It is recommended that the city council approve the attached resolutions for the Gladstone Area
Redevelopment Improvements, City Project 04-21: Approving Plans & Specifications and Authorizing
Advertisement for Bids, Ordering the Preparation of the Assessment Roll, and Accepting Assessment
Roll and Ordering Assessment Hearing.
Attachments:
1. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids
2. Resolution Ordering Preparation of Assessment Roll
3. Resolution Accepting Assessment Roll and Ordering Assessment Hearing
4. Proposed Assessment Roll
5. Location Map
RESOLUTION
APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on March 28, 2011, plans and
specifications for the Gladstone Area Redevelopment Improvements, City Project 04-21, have been
prepared by (or under the direction of) the city engineer, who has presented such plans and
specifications to the council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached hereto and made a part
hereof, are hereby approved and ordered placed on file in the office of the city clerk.
2. The city clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under such
approved plans and specifications. The advertisement shall be published twice, at least twenty-one
days before the date set for bid opening, shall specify the work to be done, shall state that bids will be
publicly opened and considered by the council at 10:00 a.m. on the 18th day of May, 2011 at city hall,
and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a
certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount
of such bid.
3. The city clerk and city engineer are hereby authorized and instructed to receive, open,
and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The
council will consider the bids, and the award of a contract, at the regular city council meeting on May
23, 2011.
RESOLUTION
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer will receive bids for the Gladstone Area
Redevelopment Improvements, City Project 04-21,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel of land abutting
on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy
of such proposed assessment in the city office for inspection.
FURTHER, the clerk shall, upon completion of such proposed assessment, notify the council
thereof.
RESOLUTION
ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING
WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an
assessment roll for the Gladstone Area Redevelopment Improvements, City Project 04-21, and the said
assessment roll is on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. A hearing shall be held on the 23rd day of May, 2011, at the city hall at 7:00 p.m. to pass
upon such proposed assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such assessment.
2. The city clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to
mail notices to the owners of all property affected by said assessment.
The notice of hearing shall state the date, time and place of hearing, the general nature of the
improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and
city engineer and that written or oral objections will be considered.
GladstoneAreaRedevelopment
CityProject0421
PendingAssessmentRoll
Street Deeded
TOTAL ASSESSMENT
Parcel IDStreetCityZIPOwner Name 1
NumberAcres
RAND
$ 2,200,000.00
162922310025940FROST AVE EMAPLEWOOD55109-42586
CORPORATION
MEMORANDUM
Conditional – Xcel Energy Substation Facility
Use PermitReview
INTRODUCTION
BACKGROUND
DISCUSSION
2010– A total of 6,000yards of wood chips were transferred
2008– A total of 19,650 yards of woodchips were transferred
RECOMMENDATION
2
Attachment 4
%XXEGLQIRX
694
SITE
61
9
:
19
Location Map
1480 County Road D East
Xcel Substation
page #2
%XXEGLQIRX
%XXEGLQIRX
Attachment 4
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 p.m., Monday,March 10, 2008
Council Chambers, City Hall
Meeting No. 08-08
J.UNFINISHED BUSINESS
1.Conditional Use Permit – Xcel Energy Electrical Substation (1480 County Road D).
a.Planner, Ken Roberts gave the reportandanswered questions of the council.
i.Dale Trippler, Planning Commissionrepresentative gave a report from the Planning
Commission.
ii. Chris Rogers, Siting and Land Rights Agenda representing XcelEnergy, addressed
the council.
iii.Dennis Phalen, Supervisor of Vegetation Management for Xcel Energy, addressed
and answered questions of the council.
iv. Elizabeth Sletten, 2747 Clarence Street North, Maplewood.Ms. Sletten spoke
regardingher strong disapproval of this projectdue to alleged health concerns.
Mayor Longriemoved to approve the resolution approving a conditional use permit for Xcel Energy
to have and expand the electrical substation and related electrical system operations and a wood
chipping and transfer operation on their property at 1480 County Road D.The city bases this
approval on the findings required by the ordinance and is subject to the following conditions:
CONDITIONAL USE PERMIT RESOLUTION 08-03-032
WHEREAS, Mr. Chris Rogers, representing Xcel Energy, applied to Maplewood for a conditional use
permit for the expansion of the existing electrical substation and for a wood chipping and transfer
operation at 1480 County Road D.
WHEREAS, this permit applies to the property on the south side of old County Road D and north
and west of new County Road D in Maplewood. The legal description is:
Registered Land Survey 262, Subject to Roads, Tract A (PIN 03-29-22-21-0002)
WHEREAS, the history of this conditional use permit is as follows:
1.On February 2, 1972, the Maplewood City Council approved a special use permit for NSP (Northern
States Power) to construct an electrical substation on the subject property.
2.On February 19, 2008, the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The planning commission
gave persons at the hearing a chance to speak and present written statements. The commission
also considered reports and recommendations of the city staff. The planning commission
recommended that the citycouncil approve the conditional use permit.
3.On March 10, 2008, the city council discussed the proposed conditional use permit. They considered
reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit revision, because:
March 10,2008
1
City Council MeetingMinutes
Attachment 4
1.The use would be located, designed, maintained, constructed and operated to be in conformity with
the city's comprehensive plan and code of ordinances.
2.The use would not change the existing or planned character of the surrounding area.
3.The use would not depreciate property values.
4.The use would not involve any activity, process, materials, equipment or methods of operation that
would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or
property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances.
5.The use would generate only minimal vehicular traffic on local streets and would not create traffic
congestion or unsafe access on existing or proposed streets.
6.The use would be served by adequate public facilities and services, including streets, police and fire
protection, drainage structures, water and sewer systems, schools and parks.
7.The use would not create excessive additional costs for public facilities or services.
8.The use would maximize the preservation of and incorporate the site's natural and scenic features
into the development design.
9.The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1.All construction and activities on the site shall follow the site and project plans dated January 18,
2008as approved by the city. City staff may approve minor changes to these plans and the city
council must approve major changes to the approved plans.These plans shall include the
planting of at least 10 trees on the southeastcorner of the site as shown on submitted planting
plan. Xcel Energy shall replace any of the trees they plant if they are damaged or die.
2.Any fence over six feet tall requires a building permit issued by the city. The city building official
will require the submittal of a structural plan for the proposed fence approved by a registered
engineer with the building permit materials.
3.Xcel Energy must start the installation of the new transformer and associated site work within
one year of council approval or the permit shall become null and void. The council may extend
this deadline for one year.
4.Xcel Energy shall prepare an annual report and submit it to the city about the wood chipping and
chip removal activities on their site. This report shall include documentation about the dates and
amount of materials the contractor removes from the site.
5.The city council shall review this permit in one year.
The Maplewood City Council approved this resolution on March 10, 2008.
Seconded by CouncilmemberRossbach. Ayes – All
The motion passed.
March 10,2008
2
City Council MeetingMinutes
Michael Martin
From:Rogers, Christopher C [Christopher.C.Rogers@xcelenergy.com]
Sent:Tuesday, March 29, 2011 11:47 AM
Michael Martin
To:
Subject:RE: CUP Review for COunty Road D site
Mike,
Xcel Energy agrees to replace the 10 Austrian Pine trees that were originally planted near the SE corner of the Kohlman
Lake substation property required by the Conditional Use Permit Granted March 10, 2008. The existing trees did not
survive and will be replaced by Xcel Energy per the conditions of the 2008 C.U.P. Replacement will occur when weather
permits in the spring of 2011 and will include the removal of the existing 10 trees. Xcel Energy will replant 10 Norway
Spruce and/or Techny Arborvitae species in the same vicinity. Please let me know if you need any further information.
Sincerely,
Chris Rogers
Xcel Energy | Responsible By Nature
Siting and Land Rights Agent
414 Nicollet Mall MP-8
Minneapolis, MN 55401
P:C:F:
612.330.6078 612.202.0343 612-573-1861
E:
christopher.c.rogers@xcelenergy.com
From: Michael Martin [mailto:michael.martin@ci.maplewood.mn.us]
Sent: Tuesday, March 29, 2011 10:43 AM
To: Rogers, Christopher C
Subject: RE: CUP Review for COunty Road D site
Chris,
Thankyoufortheresponse.Ifpossible,IwouldneedyĐĞů͛ƐreplacementplanbyMondayApril4.Thanksagain.
1MGLEIP1EVXMR%-'4
–
4PERRIV'MX]SJ1ETPI[SSH
1830 County Road B
Maplewood, MN 55109
651-249-2303
From: Rogers, Christopher C [mailto:Christopher.C.Rogers@xcelenergy.com]
Sent: Monday, March 28, 2011 9:20 AM
To: Michael Martin
Subject: RE: CUP Review for COunty Road D site
Mike,
I heard back form our tree specialist, and he agrees the trees are in need of replacement. I will get back to you shortly
with Xcel Energy’s replacement plans.
Thanks,
Chris Rogers
Xcel Energy | Responsible By Nature
Siting and Land Rights Agent
414 Nicollet Mall MP-8
1
Minneapolis, MN 55401
P:C:F:
612.330.6078 612.202.0343 612-573-1861
E:
christopher.c.rogers@xcelenergy.com
From: Rogers, Chris
Sent: Wednesday, March 09, 2011 1:13 PM
To: Rogers, Christopher C
Subject: FW: CUP Review for COunty Road D site
From: Michael Martin [mailto:michael.martin@ci.maplewood.mn.us]
Sent: Wednesday, March 09, 2011 11:20 AM
To: Rogers, Chris
Subject: CUP Review for COunty Road D site
Mr.Rogers,
TheannualreviewoftheCUPforyĐĞů͛ƐsiteonCountyRoadDinMaplewoodissoonduetogotothecitycouncil.Inthe
pastwehavediscussedissuesregardingthehealthinessofthetreesthatwererequiredtobeplanted.Winterburnhas
beenstatedinthepastasafactorbutthehealthofthetreeswhenIinspectedthemlastsummerandmorerecentlyis
prettypoor.ThecityhasgivenXcelandthetreesacoupleofyearsnowtoreboundandtheynowappeartobeinneed
ofreplacement.
IamtentativelyplanningonbringingthisCUPtothecouncilforreviewatitsApril11meetingandstaffwillbe
recommendingreviewingtheCUPagaininsixmonthstocheckonthetreestatus.IamrequestingaletterfromXcel
statingwhatitintendstodotoaddresstheconditionofapprovalthatrequiredthetreestobeplanted.
Thanksinadvanceforyourassistance.IwantedtomakesuretogetintouchwithyoupriortotheApril11meetingin
ordertogiveyouampletimetorespond.Thankyouagain.
1MGLEIP1EVXMR%-'4
–
4PERRIV'MX]SJ1ETPI[SSH
1830 County Road B
Maplewood, MN 55109
651-249-2303
2
MEMORANDUM
TO: James Antonen, City Manager
FROM: Michael Martin, AICP, Planner
Charles Ahl, Assistant City Manager
Conditional Use Permit Review
SUBJECT:
PROJECT: Ramsey County Correctional Facility
297 Century Avenue South
LOCATION:
DATE: April 18, 2011
INTRODUCTION
The conditional use permit (CUP) for the Ramsey County Correctional Facilityexpansionat 297
Century Avenue South is due for review. This project consists of a 56,500-square-foot addition to
the existing 130,837-square-foot facility. The expansion includes new inmate housing, the
expansion of offices, enlarged dock facilities, an expandedinmate exercise yard, an expanded
parking lot andseveral internal facility improvements.
BACKGROUND
December 9, 1991:The city council approved a CUP for the Ramsey County Correctional Facility
inmate-housing expansion.
March 11, 1996: The city council approved a CUP amendment for the county to quit farming and
cattle raising and switch to plant nursery operations.
November 13, 2001: The city council approved a CUP and the design plans for the Ponds of
Battle Creek Golf Course.
March 26, 2007: The city council approved the CUP for the current facility expansionproject.
April 14, 2008, April 27, 2009 and April 26,2010: The city council moved to review this permit in
one year.
DISCUSSION
The building expansion and internal parking lot work has been completed. The new driveway
connection to Century Avenue also has been completed. Lawn restoration has taken placein the
location of the old driveway. Intheareas around the new driveway, lawn is in place but due to
winter conditions will need some attention over the summer. Staff is recommending reviewing this
permit again onlyif a problem arises or if the owner proposes a major change.
RECOMMENDATION
Review the conditional use permit for the Ramsey County Correctional Facility, located at 297
Century Avenue South, only if a problem arises or if the owner proposes a major change.
p:sec12-28/Ramsey County CUP review_042711
Attachments:
1.Location Map
2.Site Plan
3.March 26, 2007 city council minutes
Attachment 4
%
120
9
:
39
Crestview
Park
The Ponds Golf Course
9
:
25
Vista
Hills Park
Location Map
Ramsey County
Correctional Facility
page #2
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 p.m. Monday, March 26, 2007
Council Chambers, City Hall
Meeting No. 07-06
L. NEW BUSINESS
2. Ramsey County Correctional Facility (297 Century Avenue South)
a. Conditional Use Permit
b. Design Approval
(1) Senior Planner Ekstrand presented the report.
(2) Bruce Thompson, Asst. Director, Ramsey County Property Management
Office introduced Al Carlson, superintendent of the correctional facility; Mark
Lugadis and Dan Lotinger of BWBR Architects; Jessica Collin Pilarski of Loucks
Assoc.; and Jay Biedny, project manager from Ramsey County. Mr. Thompson
addressed the council.
(3) Lorraine Fischer of the Planning Commission presented the commission’s
findings.
(4) Linda Olson from the Community Design Review Board presented the
review board’s findings.
Councilmember Hjelle moved adoption of the following resolution approving a conditional use
permit for the expansion of the Ramsey County Correctional Facility located at 297 Century
Avenue South:
RESOLUTION 07-03-041
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Ramsey County applied for a conditional use permit for the expansion of the Ramsey
County Correctional Facility.
WHEREAS, Section 44-1092(1) of the city ordinances requires a conditional use permit for any
public service or public building use.
WHEREAS, this permit applies to the property located at 297 Century Avenue South. The legal
description is:
EX PART SWLY OF NEW AFTON ROAD; N ½ OF NE ¼ & EX CRESTVIEW; PART
NE OF AFTON RD OF SW ¼ OF NE ¼ & SE ¼ OF NE ¼ & NE ¼ OF SE
¼ (SUBJ TO RDS & PIPE LINE ESMT) IN SEC 12 TN 28 RN 22.
WHEREAS, the history of this conditional use permit is as follows:
1. On March 6, 2007, the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The planning
commission gave everyone at the hearing a chance to speak and present written
statements. The planning commission also considered the reports and recommendation of
city staff. The planning commission recommended that the city council approve this permit.
March 26, 2007 City Council Meeting 1
2. On March 26, 2007, the city council considered reports and recommendations of the city staff and
planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to
any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or
air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or
other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not
create traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city. The director of the
community development department may approve minor changes.
2. The proposed construction must be substantially started within one year of council
approval or the permit shall become null and void.
3. The city council shall review this permit in one year.
4. Comply with all requirements of the city’s assistant fire chief, police department,
engineering department and building official as stated in the staff report.
5. The applicant shall remove the existing temporary office building as part of this facility
expansion.
6. Site lights shall be designed so the light source is not visible off site, shall not cause any
glare beyond the property lines and not exceed maximum light-intensity requirements of
the city ordinance.
March 26, 2007 City Council Meeting 2
7. The expansion to the south end of the parking lot shall be installed with the proposed
building expansion.
8. The future driveway to Century Avenue is approved as proposed and is expected to be
built in 2009. The existing northerly driveway must then be removed and this area
restored as lawn.
9. The location of the future garages behind the building is approved. The applicant must
submit the design of these buildings to the community design review board for approval
before construction.
The Maplewood City Council approved this resolution on March 26, 2007.
Seconded by Councilmember Cave Ayes-all
Councilmember Hjelle moved design approval for the plans date-stamped February 5, 2007 for
the expansion of the Ramsey County Correctional facility at 297 Century Avenue South. Approval
is subject to the applicant complying with the following requirements:
1. Repeat this review in two years if the city has not issued a permit for this project.
2. Before getting a building permit, the applicant shall obtain a conditional use permit for the
proposed expansion.
3. The applicant shall remove the temporary office building as part of this facility expansion.
4. Before getting a building permit, the applicant shall submit a revised photometric plan
showing that all new freestanding lights maintain a height of 25 feet or less as measured from
ground grade to the top of the lumen.
5. Before getting a building permit, the applicant shall submit a revised grading and drainage
plan which addresses all the issues spelled out in the city engineering review dated March 7,
2007.
6. The expansion to the south end of the parking lot shall be installed with the proposed building
expansion.
7. The location of the future garages behind the building is approved. The applicant must
submit the design of these buildings to the community design review board for approval
before construction.
8. Before getting a building permit, the applicant shall submit a revised landscape plan showing
the caliper inches of the trees to be replaced. The plan must reflect that the total caliper
inches of trees replaced equals 25 as required by city code.
9. Any trash that is kept outside shall be kept in the rear of the building out of the public’s sight
as required by city code.
10. If any required work is not done the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The city receives cash escrow or an irrevocable letter of credit for the required work.
c. The amount shall be 150 percent of the cost of the unfinished work.
March 26, 2007 City Council Meeting 3
11. When the Ramsey County Public Works Department completes the relocation of the
driveway, the row of trees and shrubs that are along the street frontage shall be further extended
across the driveway opening when the existing driveway is removed.
12. All work shall follow the approved plans. Staff may approve minor changes.
Seconded by Mayor Longrie Ayes-all
March 26, 2007 City Council Meeting 4
MEMORANDUM
TO:
James Antonen, City Manager
FROM:
David Fisher, Building Official
Chuck Ahl, Assistant City Manager
SUBJECT: Approval to Waive the Building Permit and Plan Review Fees
for Bruentrup Heritage Farm Machine Shed
DATE:
April 18, 2011, for the April 25, 2011, CC Meeting
INTRODUCTION
A building permit is required by the Minnesota State Building Code to construct the Bruentrup
Heritage Farm machine shed. Based on $20,000 value, the building permit fee is $370.40 and
the plan review fee is $240.76, with a state surcharge of $10.00. The $10.00 state surcharge
cannot be waived.
BUDGET
The budget impact is a loss of $370.40 from building permit revenue and loss of $240.76 from
plan review revenue.
RECOMMENDATION
Approve waiving the building permit and plan review fees of $611.16 for Bruentrup Heritage
Farm Machine Shed.
P: Dave Waive permit fees for Bruentrup Heritage Farm Machine Shed cc 4-25-11 dgf
Agenda Item G9
AGENDA REPORT
TO:
Jim Antonen,City Manager
FROM:
Steve Lukin, Fire Chief
SUBJECT:
Approval to Purchase Fire Department Turnout Gear
DATE:
April 19, 2011
INTRODUCTION
Each year the department replaces old and worn out turnout gear and in 2011 we have budgeted
to replace eight sets of Globe turnout gear in the amount of $13,094.96.
RECOMMENDATION
I recommend that the city councilapprove the purchase of eight sets of turnout gear from MES,
the area supplier of Globe turnout gear, in the amount of $13,094.96.
THIS PAGE IS INTENTIONALLY LEFT BLANK
MEMORANDUM
Maplewood Mall Area Improvements—Tax Increment Financing (TIF)
Request,3001 White Bear Avenue
1.Resolution Approving TIF Plan for Economic Development TIF
District 1-11
2.Resolution Approving Inter-fund Loan
INTRODUCTION
BACKGROUND
DISCUSSION
Tax Increment Financing
Inter-fund Loan
COMMISSION REVIEW
RECOMMENDATION
Attachment 1
MODIFICATION TO THE
DEVELOPMENT PROGRAM
FOR
DEVELOPMENT DISTRICT NO. 1
CITY OF MAPLEWOOD, MINNESOTA
Draft:April 25, 2011
This document was drafted by: BRIGGS AND MORGAN,
Professional Association
2200 West First National Bank Building
332 Minnesota Street
St. Paul, Minnesota 55101
Financial Information Springsted Incorporated
provided by: 380 Jackson Street, Suite 300
St. Paul, Minnesota 55101
2219397v1
Attachment 1
TABLE OF CONTENTS
Page
SECTION IDEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT
NO. 1 ................................................................................................................ 3
1.1.Definitions.............................................................................................................. 3
1.2. Statement of Public Purpose .................................................................................. 4
1.3. Statutory Authority ................................................................................................ 5
1.4.Statement of Need .................................................................................................. 5
1.5.Statement of Objectives ......................................................................................... 6
1.6. Boundaries of Development District ..................................................................... 7
1.7.Development Activities ......................................................................................... 7
1.8. Payment of Project Cost......................................................................................... 9
1.9. Environmental Controls ......................................................................................... 9
1.10.Park and Open Space to be Created ....................................................................... 9
1.11. Proposed Reuse of Property ................................................................................. 10
1.12.Administration and Maintenance of Development District ................................. 10
1.13.Rehabilitation ....................................................................................................... 10
1.14.Relocation ............................................................................................................ 10
1.15. Parcels To Be Acquired In Whole or In Part Within the Development
District.................................................................................................................. 10
1.16. Amendments ........................................................................................................ 11
1.17.Development Activity in the Development District for which Contracts
Have Been Signed ................................................................................................ 11
1.18. Other Specific Development Expected to Occur Within The Development
District.................................................................................................................. 12
Exhibit A Boundaries of Development District No. 1 .................................................. A-1
i
2219397v1
[Type text]
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, 1985: 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. 1 was modified by
enlargement of the geographic Project Area and increased Project Costs.
January 11, 1988: The Program for Development District No. 1 was modified by
modifying the Project Costs.
May 8, 1989: The Program for Development District No. 1 was modified by modifying
the Project Costs.
October 9, 1989: The Program for Development District No. 1 was modified by
modifying the Project Costs.
April 23, 1990: The Program for Development District No. 1 was modified by modifying
the Project Costs.
December 23, 1991: The Program for Development District No. 1 was modified by
modifying the Project Costs.
February 10, 1992: The Program for Development District No. 1 was modified by
modifying the Project Costs.
May 24, 1993: The Program for Development District No. 1 was modified by modifying
the Project Costs.
May 8, 1995: The Program for Development District No. 1 was modified by modifying
the Project Costs.
June 28, 1999: The Program for Development District No. 1 was modified by
enlargement of the geographic Project Area and increased Project Costs.
August 13, 2001: The Program for Development District No. 1 was modified by
increased Project Costs.
2219397v1
Attachment 1
May 12, 2003: The Program for Development District No. 1 was modified by increased
Project Costs.
June 23, 2003: The Program for Development District No. 1 was modified by increased
Project Costs and the Tax Increment Financing Plan for Housing District No. 1-8 within
Development District No. 1 was adopted.
August 25, 2008: The Program for Development District No. 1 was modified by
increased Project Costs and the Tax Increment Financing Plan for Housing District No. 1-9
within Development District No. 1 was adopted.
August 9, 2010:The program for Development District No. 1 was modified by
increased Project Costs and the Tax Increment Financing Plan for Housing District No. 1-10
within Development District No. 1 was adopted.
April 25, 2011:The program for Development District No. 1 was modified by
increased Project Costs and the Tax Increment Financing Plan for Economic Development
District No. 1-11 within Development District No. 1 was adopted.
2
2219397v1
Attachment 1
SECTION I
DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1
1.1.Definitions. The terms defined below have, for purposes of this Tax Increment
Financing Plan, the meanings herein specified, unless the context specifically requires otherwise:
“City” means the City of Maplewood, a municipal corporation and political subdivision
of the State of Minnesota. The City has a Statutory City Plan A form of government.
“Comprehensive Plan” means the City’s Comprehensive Plan submitted to the
Metropolitan Council pursuant to Minnesota Statutes, 473.173, which contains the objectives,
policies, standards and programs 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 body.
(See “Governing Body” below.)
“County” means the County of Ramsey, Minnesota.
“Development District Act” means the statutory provisions of Minnesota Statutes,
Sections 469.124 through 469.134, as amended and supplemented.
“Development District” means Development District No. 1 in the City, which is created
and established hereto pursuant to and in accordance with the Development District Act, and is
geographically described in Exhibit A.
“Development Program” means this Development Program for Development District No.
1, initially adopted by the Council on October 28, 1985 and modified on June 23, 1986,
September 28, 1987, January 11, 1988, May 8, 1989, October 9, 1989, April 23, 1990, December
23, 1991, February 10, 1992, May 24, 1993, May 8, 1995, June 28, 1999, August 13, 2001, May
12, 2003, June 23, 2003, August 25, 2008,August 9, 2010and April 25, 2011. 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 public facilities to be constructed within the district, the open space to be
created, the environmental controls to be applied, the proposed reuse of private property and the
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 portions of a project, not meeting the requirements found in the
definition of redevelopment district, renewal and renovation district, soils condition district,
mined underground space development district, or housing district, but which the City finds to be
in the public interest because:
3
2219397v1
Attachment 1
(a) It will discourage commerce, industry or manufacturing from moving their operations
to another municipality; or
(b) It will result in increased employment in the state; or
(c) It will result in preservation and enhancement of the tax base of the state.
“Governing Body” means the duly elected City Council as defined in Minnesota Statutes,
Section 469.125, Subd. 8.
“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 anyof those acts, as
defined in Minnesota Statutes, Section 469.174, subd. 11.
“Municipal Industrial Development Act” means the statutory provisions of Minnesota
Statutes, Sections 469.152 through 469.165, as amended.
“Municipality” 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 project costs associated with Development
District No. 1 as stated in the Development Program and in the 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 Financing Act” means the statutory provisions of Minnesota Statutes,
Sections 469.174 through 469.1799, 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, to 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 parcels 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
4
2219397v1
Attachment 1
contributing to the tax base of the City to their full potential. In addition, it 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 foreseeable future; that the tax increment financing plans
proposed herein are consistent with the Development Program; and that the tax increment
financing planswill afford maximum opportunity, consistent with the sound needs of the
municipality as a whole, for the development or redevelopment of the Development District by
private enterprise.
The Council finds that the welfare of the City as well as the State ofMinnesota requires
active promotion, attraction, encouragement and development of economically sound industry
and commerce to carry out its stated public purpose objectives.
1.3.Statutory Authority. The Development District Act, authorizes the City, upon
certain public purpose findings by the Council, to establish and designate development districts
within the City and to establish, develop 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, 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 has established tenhousing 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, Housing District No. 1-3, Housing District No. 1-4,
Housing District No. 1-5, Housing District No. 1-6, Housing District No. 1-7, Housing District
No. 1-8, Housing District No. 1-9, and Housing District No. 1-10 and has established six
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, Economic Development
District No. 1-2, Economic Development District No. 1-3, Economic Development District No.
1-4, Economic Development District No. 1-5, and Economic Development District No. 1-11.
5
2219397v1
Attachment 1
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
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 that it is necessary, desirable
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,
including recreational and community center facilities, in the Development District, necessary
for the orderly and beneficial development of the Development District and adjacent areas of the
City and the provision of adequate City services to the City residents.
(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.
6
2219397v1
Attachment 1
(h)Secure the increase of property subject to taxation by the City,
Independent School Districts Nos. 622, 623 and 624, Northwest Metropolitan Intermediate
District No. 916, Ramsey County, and other taxing jurisdictions in orderto 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.
(l)Encourage and provide maximum opportunity 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 A.
1.7.Development Activities. Development activities within the Development District
must be financially feasible, marketable and be compatible with long range development
strategies of the City. The following recommendations 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 allproject 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 administration of the Development Program.
(c)The construction or reconstruction of streets, sidewalks, utilities, and other
public improvements including but not limited to:
(1)the construction of street, water and sewer improvements on Southlawn
Drive from Beam Avenue to County Road D;
(2)the construction of street, water and sewer improvements on McKnight
Road from Highway 36 to Conway Avenue;
(3)the construction of a water tower on Stillwater Road east of Sterling;
(4)the construction of water main on Hudson place;
7
2219397v1
Attachment 1
(5)the installation of traffic lights at Hazelwood Avenue and Southlawn
Avenue on Beam Avenue.
(6)acquisition of land and improvement of Hazelwood Park located at County
Road C east of Hazelwood Avenue;
(7)improvement of Playcrest Park located at Lydia Avenue and McKnight
Road;
(8)acquisition, expansion and improvement of Harvest Park located at
Hazelwood Avenue south of County Road C and North of Highway 36;
(9)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;
(10)acquisition of the abandoned Burlington Northern railroad right of way
running from Larpenteur Street to Highway 694;
(11)acquisition of the land that the Cottages of Maplewoodwill be developed
on and the payment of certain site improvements for the Cottages of Maplewood project;
(12)acquisition and betterment of a city recreational and community center
facility;
(13)improvement of Sherwood Park located at Hazelwood and Cope Avenues;
(14)improvement of Afton Heights Park, Geranium Park, Gethsemane Park,
Gladstone Park, Goodrich Park, Hillside Park, Lion’s Park, Maplecrest Park, Maplewood
Heights Park, Nature Center, Robinhood Park, Sherwood Park and Timber Park;
(15)construction of a municipal storage building to house park equipment;
(16)construction of public alleys east of White Bear Avenue from Woodlyn
Avenue to County Road D and a public alley southwest of the southwest corner of Beam
Avenue and White Bear Avenue;
(17)construction of traffic improvements on White Bear Avenue from
Interstate Highway 694 to Beam Avenue; and
(18)bike path along McKnight Road (County State Aid Highway 68) from a
point 788.17 feet north of the Southwest Corner of Section 36, Township 29N, Range
22W to a point 37.00 feet south of the West Quarter Corner of Section 36 Township 29N,
Range 22W.
(d)The acquisition of property consistent with the objectives of the
Development Program.
8
2219397v1
Attachment 1
(e)The preparation of property for use including demolition of structures,
clearance of sites, placementof fill, and installation of utilities.
(f)The resale of property to developers.
(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 project costs of the
Development Program or to evidence the City’s obligation to reimburse developers for all or part
of the project 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 service on Tax Increment Bonds or
otherwise pay the project cost of the Development Program.
1.8.Payment of Project Cost. It is anticipated that the project 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 eligible expenses, by reimbursement
of developers for items of project 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 City may apply to pay the project cost.
The City intends to pool tax increments from all Tax Increment Financing Districts to finance the
project cost of the Development Program within the Development District.
1.9.Environmental Controls. The proposed Tax Increment Financing Districts within
the Development District do notpresent significant environmental concerns. All municipal
actions, public improvements and private development shall be carried out in a manner
consistent with existing environmental standards.
1.10.Park and Open Space to be Created. Park and open space within the
Development District No. 1 will be created in 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;
(b)the improvement of Playcrest Park located at Lydia Avenue and McKnight
Road;
(c)the acquisition, expansion and improvement of Harvest Park located at
Hazelwood Avenue south of County Road C and North of Highway 36;
(d)the improvement of Sherwood Park located at Hazelwood and Cope
Avenues;
9
2219397v1
Attachment 1
(e)the improvement of Afton Heights Park, Geranium Park, Gethsemane
Park, Gladstone Park, Goodrich Park, Hillside Park, Lions Park, Maplecrest Park, Maplewood
Heights, Nature Center, Robinhood Park, Sherwood Park, Timber Park;
(f)the acquisition and improvement of park land adjacent to Housing District
No. 1-9, the acquisition and improvement of the park land will not involve the use of tax
increment revenues.
1.11.Proposed Reuse of Property. The Development Program does not contemplate
the acquisition of private property until such time as a private developer presents an
economically feasible program for the reuse of that property. Proposals, in order to be
considered, must be within the framework of the above cited goals and objectives, and must
clearly demonstrate feasibility as a public program. Prior to formal consideration of the
acquisition of any property, the City 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 project cost associated with the proposed acquisition. It shall be the intent
of the City to negotiate the acquisition of property whenever necessary. Appropriate restrictions
regarding 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 Development 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, thatsuch powers may only
be exercised at the direction of the Council. No action taken by the administrator pursuant to the
abovementioned powers shall be effective without authorization by the Council.
1.13.Rehabilitation. Owners of properties within the Development District will be
encouraged to rehabilitate their properties to conform with the applicable state and local codes
and ordinances, as well as any design standards. Owners of properties who purchase property
within the Development District from the City may be required to rehabilitate their properties as
condition of sale of land. The City will provide such rehabilitation assistance as may be
available from federal, state or local sources.
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.Parcels To Be Acquired In Whole or In Part Within the Development District.
The Cityintends to acquire all or part of the land within Housing District No. 1-3 to facilitate the
construction of the Cottages of Maplewood housing project. The City intends to reimburse the
developer for the cost of the land within Housing District Nos. 1-4, 1-5 and 1-6 to facilitate the
construction of the Carefree Cottages of Maplewood housing project (Phase I, Phase II and
Phase III). The City intends to reimburse the developer for the cost of the land within Housing
District No. 1-7 to facilitate the construction of the Van Dyke Village project. The City intends
10
2219397v1
Attachment 1
to reimburse the developer for the cost of the land within Housing District No. 1-8 to facilitate
the construction of the Sibley Cove project. The City intends to reimburse the developer for the
cost of the land within Housing District No. 1-9 to facilitate the construction of the Gethsemane
Senior Housing project. The City intends to reimburse the developer for the cost of land within
Housing District No. 1-10 to facilitate the construction of the Shores of Maplewood project. The
City intends to finance public improvements related to redevelopment of the Maplewood Mall
within Economic Development District No. 1-11.
1.16.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 size of the Development
District and the Tax Increment Financing Districts, the project cost of the Development Program
and the amount of Tax Increment Bonds to be issued to finance such cost by following the
procedures specified in Minnesota Statutes, Section 469.175, Subd. 4.
1.17.Development Activity in the Development District 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 $260,000.
(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 $2,318,383.
(c)Maple Ridge Apartments was developedby Podawiltz Development
Company on County Road D, west of White Bear Avenue. The contractor was Avon Lumber
Company, Inc. and the cost of the project was $2,800,000.
(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.
(g)The expansion of St. John’s Northeast Hospital on Beam Avenue.
(h)The development of a 60 unit senior citizen housing complex (known as
the Cottages of Maplewood).
(i)The development of the Crossings Mall to be located adjacent to
Maplewood Mall.
11
2219397v1
Attachment 1
(j)The development of the Carefree Cottages of Maplewood senior citizen
housing project.
(k)The acquisition of property located at 2146 White Bear Avenue,
commonly referred to as the Tastee Bread Store in an amount anticipated to be $500,000 or the
development of the Community Park in the amount of $500,000.
(l)The development of the Schroeder Milk project.
(m)A development agreement with respect to the construction of an
approximately 20 unit townhome-style housing facility in the City (the Van Dyke Village
project) consisting of 8 one-story, two-bedroom and 12 two-story, three-bedroom units.
(n)A development agreement with respect to the construction of an
approximately 80 unit rental housing facility in the City (the Sibley Cove project) consisting of
two- and three-bedroom units and related amenities.
(o)The City intends to enter into a development agreement with respect to the
construction of an approximately 111 unit senior housing facility in the City (the Gethsemane
project).
(p) The City intends to enter into a development agreement with respect to the
construction of an approximately 162 unit senior housing facility in the City (the Shores of
Maplewood project).
1.18.Other Specific Development Expected to Occur Within The Development
District. It is anticipated that development will occur within the Development District as
described in Section 1.17. Additional development may occur in the Development District in the
future; however, no contracts have been entered into at this time with respect to such
development. The nature and timing of further development cannot accurately be predictedat
this time.
12
2219397v1
[Type text]
Exhibit A
Boundaries of Development District No. 1
Consists of the entire corporate boundaries of the City of Maplewood.
A-1
2219397v1
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SectionPage(s)
A. Definitions.................................................................................................................................................. 1
B. Statutory Authorization.............................................................................................................................. 1
C. Statement of Need and Public Purpose..................................................................................................... 1
D. Statement of Objectives............................................................................................................................ 1
E. Designation of Tax Increment Financing District as an
Economic Development District................................................................................................................ 1
F. Duration of TIF District…………………………………………………………………………………………….. 3
G. Property to be Included in the TIF District.................................................................................................. 3
H. Property to be Acquired in the TIF District................................................................................................. 4
I. Specific Development Expected to Occur Within the TIF District.............................................................. 4
J. Findings and Need for Tax Increment Financing....................................................................................... 5
K. Estimated Public Costs.............................................................................................................................. 7
L. Estimated Sources of Revenue................................................................................................................. 7
M. Estimated Amount of Bonded Indebtedness.............................................................................................. 7
N. Original Net Tax Capacity.......................................................................................................................... 8
O. Original Tax Capacity Rate........................................................................................................................ 8
P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment......................................... 8
Q. Use of Tax Increment................................................................................................................................ 9
R. Excess Tax Increment............................................................................................................................... 10
S. Tax Increment Pooling and the Five YearRule......................................................................................... 10
T. Limitation on Administrative Expenses...................................................................................................... 11
U. Limitation on Property Not Subject to Improvements - Four Year Rule..................................................... 11
V. Estimated Impact on Other Taxing Jurisdictions........................................................................................ 11
W. Prior Planned Improvements..................................................................................................................... 12
X. Development Agreements......................................................................................................................... 12
Y. Assessment Agreements........................................................................................................................... 12
Z.Modifications of the Tax Increment FinancingPlan................................................................................... 13
AA. Administration of the Tax Increment FinancingPlan.................................................................................. 13
AB. Financial Reporting and Disclosure Requirements.................................................................................... 14
Map of the Tax Increment Financing District Within the Development District ................................... EXHIBIT I
Map of the Tax Increment Financing District ...................................................................................... EXHIBIT II
Assumptions Report ........................................................................................................................... EXHIBIT III
Projected Tax IncrementReport......................................................................................................... EXHIBIT IV
Estimated Impact on Other Taxing Jurisdictions Report...................................................................... EXHIBIT V
Market Value Analysis Report............................................................................................................. EXHIBIT VI
Projected Interfund Loan Report…………………………………………………………………................ EXHIBIT VII
City of Maplewood, Minnesota
7IGXMSR%(IJMRMXMSRW
The terms defined in this section have the meanings given herein, unless the context in which they are used indicates
a different meaning:
means the City of Maplewood, Minnesota; also referred to as a "Municipality".
"City"
means the City Council of the City; also referred to as the "Governing Body".
"City Council"
means Ramsey County, Minnesota.
"County"
means Development District No. 1 in the City, which is described in the corresponding
"Development District"
Development Program.
means the Development Program for the Development District.
"Development Program"
means the geographic area of the Development District.
"Project Area"
means Independent School District No. 622, Minnesota.
"School District"
means the State of Minnesota.
"State"
means Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive.
"TIF Act"
means Tax Increment Financing (Economic Development) District No. 1-11.
"TIF District"
means the tax increment financing plan for the TIF District (this document).
"TIF Plan"
7IGXMSR&7XEXYXSV]%YXLSVM^EXMSR
See Section 1.3 of the Development Program for the Development District.
7IGXMSR'7XEXIQIRXSJ2IIHERH4YFPMG4YVTSWI
See Section 1.4 of the Development Program for the Development District.
7IGXMSR(7XEXIQIRXSJ3FNIGXMZIW
See Section 1.5 of the Development Program for the Development District.
7IGXMSR)(IWMKREXMSRSJ8E\-RGVIQIRX*MRERGMRK(MWXVMGXEWER
)GSRSQMG(IZIPSTQIRX(MWXVMGX
Economic development districts are a type of tax increment financing district which consist of any project, or portions
of a project, which the City finds to be in the public interest because:
(1) it will discourage commerce, industry, or manufacturing from moving their operations to
another state or municipality;
(2) it will result in increased employment in the state; or
635,1*67('
Page 1
City of Maplewood, Minnesota
(3) it will result in preservation and enhancement of the tax base of the state.
The TIF District qualifies as an economic development district in that the proposed development described in this TIF
Plan (see Section I) meets the criteria listed above in (2) and (3). Without establishment of the TIF District, the
proposed development would not occur within the City.The proposed development will also result in increased
employment and enhancement of the tax base in both the City and the State.
Tax increments from an economic development district must be used to provide improvements, loans, subsidies,
grants, interest rate subsidies, or other assistance in which at least 85% of the square footage of the facilities to be
constructed are used for any of the following purposes:
(1) manufacturing, production, or processing of tangible personal property;
(2) warehousing, storage and distribution of tangible personal property, excluding retail sales;
(3) research and development related to the activities listed in (1) or (2) above;
(4) telemarketing if that activity is the exclusive use of the property;
(5) tourism facilities (see M.S. Section 469.174, Subd. 22);
(6) qualified border retail facilities (see M.S. Section 469.176, Subd. 4c); or
(7) space necessary for and related to the activities listed in (1) through (6) above.
In addition to the uses specified above, tax increments may also be used to provide assistance for up to 15,000
square feet of any separately owned commercial facility located within a "small city" (see M.S. Section 469.176, Subd.
4c), or to pay for excessive site preparation and public improvement costs in a district containing bedrock soils
conditions in 80% or more of its acreage (see M.S. Section 469.176, Subd. 4c).
Language added in the 2010 session provided that notwithstanding the requirements of M.S. Section 469.176,
subdivision 4c, paragraph (a) and the finding requirements of M.S. Section 469.174, subdivision 12 (referenced
above), tax increments from an economic development district may be used to provide improvements, loans,
subsidies, grants, interest rate subsidies, or assistance in any form to developments consisting of buildings and
ancillary facilities, if all the following conditions are met:
(1)The municipality finds that the project will create or retain jobs in the state, including construction
jobs, and that construction of the project would not have commenced before July 1, 2011, without
the City providing assistance under the provisions of M.S. Section 469.176, Subd. 4c;
(2)construction of the project begins no later than July 1, 2011; and
(3)the request for certification of the district is made no later than June 30, 2011
Tax increments from the TIF District will be used to provide financial assistance to the proposed redevelopment
project (see Section I), in which the City finds the project will create or retain jobs in the state and the project would
not have commenced before July 1, 2011, construction will begin no later than July 1, 2011, and the request for
certification of the district will be made no later than June 30, 2011.
635,1*67('
Page 2
City of Maplewood, Minnesota
7IGXMSR*(YVEXMSRSJXLI8-*(MWXVMGX
Economic development districts may remain in existence 8 years from the date of receipt by the City of the first tax
increment. The City anticipates that the TIF District will remain in existence the maximum duration allowed by law
(projected to be through the year 2021). Modifications of this plan (see Section AA) shall not extend these limitations.
All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the City.
7IGXMSR+4VSTIVX]XSFI-RGPYHIHMRXLI8-*(MWXVMGX
The TIF District is an approximate 91.34 acre area of land located within the Project Area. A map showing the
location of the TIF District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are
described below:
Legal Description
Parcel ID Number
02.29.22.23.0010 S 291.55 Ft Of Part W Of Maplewood Mall Addition Of Nw 1/4
Of Nw 1/4 Of Sec 2 Tn 22 & In Sd Maplewood Mall Addition
Part Lying S Of A Line 291.55 Ft N Of & Par To The S Line Of
Nw 1/4 Of Nw 1/4 Sd Sec 2 Of Lot 6 Blk 1 & Subj To Esmt;
Part Lying Ely Of Southlawn Road Of Lot 7 Blk 1 & Subj To
And With Esmts; Part Lying Ely Of Fol Desc Line Com At Ne
Cor Of Lot 2 Thence W On N Line Of Sd Lot 43.33 Ft To Beg
Thence S Par To E Line 548.37 Ft Thence Swly On Curve To
Rt 47.19 Ft Thence S 41 Deg 3 Min 45 Sec W 71.24 Ft To S
Line Of Lot 2 & There Term Of Lot 2 Blk 1 Subj To Esmts & Ex
Part Of Lot 5 Blk 1 Desc As Com At A Pt On E Line Of Lot 7
Blk 1 Dist 258.25 Ft S Of Ne Cor Of Sd Lot 7 Thence E 44.08
Ft To Beg Thence N 3 Deg 32 Min 27 Sec E 282.72 Ft Thence
Nely Along A 654.67 Ft Radius Curve To Rt For 304.55 Ft
Thence E 220 Ft Thence S 27.9 Ft Thence E 64.97 Ft Thence
S 543.50 Ft Thence W 390 Ft To Beg And Also Ex Part Of Sd
Lot 5 Desc As Com At Nw Cor Of Lot 10 Blk 1 Thence E Along
N Line Sd Lot 10 For 435.41 Ft Thence N 51 Ft To Pt Of Beg
Tence Cont N For 214.16 Ft Thenc E 152.56 Ft Thence N
23.33 Ft Thence E 387.31 Ft Thence S 7 Deg 6 Min 43 Sec E
332.06 Ft Thence S 4 Deg 12 Min 57 Sec W 30.78 Ft Thence
S 12 Deg 44 Min 6 Sec W 49.62 Ft Thence S 26 Deg 14 Min
59 Sec W 250.19 Ft Thence N 44 Deg 59 Min 49 Sec W
361.47 Ft Thence N 60 Deg E 57.98 Ft Thence N 44 Deg 59
Min 49 Sec W 156.83 Ft Thence W 140.88 Ft To Beg The Fol;
Lot 5 Blk 1
02.29.22.22.0008 Subj To Esmt; Part Of Lot 5 Blk 1 Desc As Com At A Pt On El
Of Lot 7 Dist 258.25 Ft S Of Ne Cor Thereof Th E 44.08 Ft To
The Actual Pt Of Beg Th N 3 Deg 32 Min 27 Sec E 282.72 Ft
Th Nely 304.55 Ft Along A 654.67 Ft Radius Curve Concave
To Se Th E Not Tan To Sd Curve 220 Ft Th S 27.9 Ft Th E
64.97 Ft Th S 543.5 Ft Th W 390 Ft To Beg
02.29.22.22.0007 Subj To Esmts; Lot 4 Blk 1Maplewood Mall Addition
02.29.22.23.0007 Part Of Lot 5 Blk 1 Desc As Com At Nw Cor Lot 10 Blk 1 Th E
Along Nl Sd Lot 10for 435.41 Ft Th N For 51 Ft To Pt Of Beg;
635,1*67('
Page 3
City of Maplewood, Minnesota
Th Cont N For 214.16 Ft Th E For 152.56 Ft Th N For 23.33 Ft
Th E For 387.31 Ft Th S 7 Deg 6 Min 43 Sec E For 332.06 Ft
Th S 4 Deg 12 Min 57 Sec W For 30.78 Ft Th S 12 Deg 44 Min
6 Sec W For 49.62 Ft Th S 26 Deg 14 Min 59 Sec W For
250.19 Ft Th N 44 Deg 59 Min 49 Sec W For 361.47 Ft Th N
60 Deg E For 57.98 Ft Th N 44 Deg 59 Min 49 Sec W For
156.83 Ft Th W For 140.88 Ft To Beg
02.29.22.23.0003 Lot 10 Blk 1Maplewood Mall Addition
02.29.22.22.0010 Part Of Lot 6 Blk 1 Maplewood Mall Add. N Of A Line 291.55 Ft
N Of & Par To Sl Of Nw 1/4 Of Nw 1/4 Of Sec 2 Tn 29 Rn 22 In
Sd Sec 2 The N 731.18 Ft Of S 1022.73 Ft Of Part Lying W Of
Maplewood Mall Add. Of Nw 1/4 Of Nw 1/4 (subj To Roads
And Esmts) In Sec 2 Tn 29 Rn 22
02.29.22.22.0014 Subj To St & Esmts; Lot 3 Blk 1Maplewood Mall Addition
02.29.22.22.0001 Subj To & With Esmts;part Lying Wly Of Fol Desc L; Com At
Ne Cor Of Lot 2 Th W On Nl Of Sd Lot 43.33 Ft To Beg Th S
Par To El 548.37 Ft Th Swly On Curve To Rt 47.19 Ft Th S 41
Deg 3 Min 45 Sec W 71.24 Ft To Sl Of Lot 2 & Term Of E
325.83 Ft Of Lot 2 Blk 1
02.29.22.21.0015 With Esmts; The E 167 Ft & N 20 Ft Of Lot 15 Blk 1
Maplewood Mall Addition
02.29.22.21.0014 Subj To Esmts; Ex E 167 Ft & Ex N 20 Ft; Lot 15 Blk
Maplewood Mall Addition
02.29.22.23.0002 Lot 9 Blk 1Maplewood Mall Addition
The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent
to the property described above.
7IGXMSR,4VSTIVX]XSFI%GUYMVIHMRXLI8-*(MWXVMGX
The City may acquire and sell any or all of the property located within the TIF District and however, the City does not
anticipate acquiring any such property at this time.
7IGXMSR-7TIGMJMG(IZIPSTQIRX)\TIGXIHXS3GGYV;MXLMRXLI8-*(MWXVMGX
The proposed development is expected to consist of exterior and interior renovations to the Maplewood Mall,
including common areas within the 164,276 square foot Mall building. Additionally, the project will include public
improvements to the Mall and surrounding property. It is anticipated tax increment will be used to finance a portion of
the public improvements and infrastructure costs incurred by the City with the development of the site, and supporting
roadways. In addition, the City anticipates using available tax increment for related administrative expenses, pooling
for TIF-eligible improvements outside of the boundaries of the district but within the Project Area, and any other
eligible expenditures associated with development of the site.
Construction on the facility is expected to begin in 2011, with the renovations fully completed in 2012 and be 100%
assessed and on the tax rolls as of January 2, 2013 for taxes payable in 2014. The City anticipates additional
635,1*67('
Page 4
City of Maplewood, Minnesota
redevelopment improvements may occur in 2013 to adjacent property, with the renovations fully completed by
December 31, 2013, and be 100% assessed and on the tax rolls as of January 2, 2014 for taxes payable in 2015.
At the time this document was prepared there were no signed construction contracts with regards to the above
described development.
7IGXMSR.*MRHMRKWERH2IIHJSV8E\-RGVIQIRX*MRERGMRK
In establishing the TIF District, the City makes the following findings:
(1) The TIF District qualifies as an economic development district;
See Section E of this document for the reasons and facts supporting this finding.
(2)The proposed redevelopment, including the proposed private and public improvements, in the opinion of
the City, would not reasonably be expected to occur solely through private investment within the
reasonably foreseeable future, and the increased market value of the site that could reasonably be
expected to occur without the use of tax increment would be less than the increase in market value
estimated to result from the proposed redevelopment after subtracting the present value of the projected
tax increments for the maximum duration of the TIF District permitted by the TIF Plan.
*EGXYEPFEWMW
4VSTSWIHVIHIZIPSTQIRXRSXI\TIGXIHXSSGGYV
The proposed redevelopment project consists of interior and exterior renovations to the Maplewood Mall, in
addition to public improvements within the district and surrounding roadways. Included with the proposed
private improvements to the Mall are the City’s public improvements including construction of additional
sidewalks along the ring-road around the Mall and other roadways adjacent to the site and other public
improvements and infrastructure needs in the district. The City intends to finance a portion of the costs of
these public improvements to the Mall property with the use of the tax increment financing provided in this
TIF Plan.
The City has determined that the proposed public improvements would not occur but for the financial
assistance provided in this TIF Plan because of the extraordinary costs associated with redevelopment of
the Mall and surrounding site. Due to the high cost of site improvements and infrastructure costs, the
additional public improvements would not occur without the financial assistance provided by the City, as it
would not be economically feasible for the developer to incur the additional costs. Therefore the additional
public improvements would not be feasible, and would not occur, but-for the use of tax increment to finance
a portion of the costs related to site improvements and infrastructure costs. The City finds the use of tax
increment necessary to finance the additional improvements such as site improvements and infrastructure
costs that currently would not occur on the property. The City anticipates financing a portion of the site
improvements and infrastructure costs through either the use of an interfund loan or a bond issuance.
2S,MKLIVQEVOIXZEPYII\TIGXIH
The proposed redevelopment, including private and public improvements, in the opinion of the City, would
not reasonably be expected to occur solely through private investment within the reasonably foreseeable
future, and the increased market value of the site that could reasonably be expected to occur without the use
of tax increment would be less than the increase in market value estimated to result from the proposed
redevelopment after subtracting the present value of the projected tax increments for the maximum duration
of the TIF District permitted by the TIF Plan.
635,1*67('
Page 5
City of Maplewood, Minnesota
The increased market value of the site that could reasonably be expected to occur without the use of tax
increment financing would be less than the increase in market value estimated to result from the proposed
redevelopment after subtracting the present value of the projected tax increments for the maximum duration
of the TIF District permitted by the TIF Plan. Without improvements the City has no reason to expect that
significant redevelopment would occur without assistance similar to that provided in this plan. For the same
reasons that the desired redevelopment described above is not feasible without tax increment assistance,
the City believes that no alternative redevelopment is likely to occur without similar assistance. Therefore
the City has no reason to believe the redevelopment would occur but-for tax increment financing.
To summarize the basis for the City’s findings regarding alternative market value, in accordance with
Minnesota Statutes, Section 469.175, Subd. 3(d), the City makes the following determinations:
a.The City’s estimate of the amount by which the market value of the site will increase
without the use of tax increment financing is $0 (for the reasons described above), except some
unknown amount of appreciation.
b. If the proposed redevelopment to be assisted with tax increment occurs in the District, the
total increase in market value would be approximately $10,877,452, including the value of the
building (See Exhibit V).
c. The present value of tax increments from the District for the maximum duration of the
district permitted by the TIF Plan is estimated to be $945,566 (See Exhibit V).
d.Even if some redevelopment other than the proposed redevelopment were to occur, the
City finds that no alternative would occur that would produce a market value increase greater than
$9,931,886 (the amount in clause b less the amount in clause c) without tax increment assistance.
The comparative analysis outlined above of the estimated market values both with and
without establishment of the TIF District and the use of tax increments assumes no
redevelopment will occur on the site because of the extraordinary costs associated with
the improvement of the roadway surrounding the development site. We assume the
estimated market value without creation of the District would only increase at most by an
incremental inflationary amount. The increase in estimated market value of the proposed
development (less the indicated subtractions) exceeds the estimated market value of the
site absent the establishment of the TIF District and the use of tax increments.
(3) The TIF Plan would afford maximum opportunity, consistent with the sound needs of the City as a
whole, for development of the Project Area by private enterprise.
The reasons and facts supporting this finding are that the development activities are
necessary so that development and redevelopment by private enterprise can occur within
the Project Area.
(4) The TIF Plan conforms to general plans for development of the City as a whole.
The reasons and facts supporting this finding are that the TIF District is properly zoned,
and the TIF Plan has been approved by the City Planning Commission and will generally
complement and serve to implement policies adopted in the City's comprehensive plan.
635,1*67('
Page 6
City of Maplewood, Minnesota
7IGXMSR/)WXMQEXIH4YFPMG'SWXW
The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax
increments of the TIF District.
Land/Building acquisition, Public Utilities, Site
Improvements/Preparation Costs, and other $952,900
Eligible Improvements
Bond Interest Payments 227,128
Administrative expenses 137,991
Other Expenditures
Capitalized Interest payments 61,881
Cost of Issuance
$1,379,900
8SXEP
The City reserves the right to administratively adjust the amount of any of the items listed above or to incorporate
additional eligible items, so long as the total estimated public cost is not increased.
The City is anticipating financing the public costs through an interfund loan or the issuance of general obligation tax
increment bonds.
7IGXMSR0)WXMQEXIH7SYVGIWSJ6IZIRYI
Tax Increment revenue $1,379,900
Interest on invested funds 0
Bond proceeds 0
Loan proceeds 0
Grants 0
Other 0
$1,379,900
8SXEP
The City anticipates providing financial assistance to the proposed development with upfront financing, either as an
interfund loan or bond issuance. As tax increments are collected from the TIF District in future years, the City will use
a portion of these taxes as repayment of the initial obligation for financing of the public costs incurred (see Section K).
The City reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance,
internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The City
also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs
including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income.
7IGXMSR1)WXMQEXIH%QSYRXSJ&SRHIH-RHIFXIHRIWW
The City does anticipate issuing either an interfund loan or tax increment bonds to finance the estimated public costs
of the TIF District, and reserves the right to issue bonds in an amount not to exceed $1,048,190 (952,900 + 10%
contingency).
635,1*67('
Page 7
City of Maplewood, Minnesota
7IGXMSR23VMKMREP2IX8E\'ETEGMX]
The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net
tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified
between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts
certified between July 1 and December 31, inclusive, this value is based on the current assessment year.
The Estimated Market Value of all property within the TIF District as of January 2, 2010, for taxes payable in 2011, is
$122,551,300 and the estimated tax capacity is $2,397,476 which is estimated to be the original net tax capacity of
the TIF District.
Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as
a result of:
(1) changes in the tax-exempt status of property;
(2) reductions or enlargements of the geographic area of the TIF District;
(3) changes due to stipulation agreements or abatements; or
(4) changes in property classification rates.
7IGXMSR33VMKMREP8E\'ETEGMX]6EXI
The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate shall be the sum of all
local tax rates that apply to property in the TIF District.This rate shall be for the same taxes payable year as the
original net tax capacity.
In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the
sum of the current local tax rates at that time or (b) the original tax capacity rate of the TIF District.
The sum of all local tax rates that apply to property in the TIF District for taxes levied in 2010 and payable in 2011, is
130.793% as shown below. The County Auditor shall certify this amount as the original tax capacity rate of the TIF
District.
2010/2011
Local Tax Rate
Taxing Jurisdiction
City of Maplewood 39.050%
Ramsey County 54.678%
ISD #622 27.785%
Other 9.279%
Total 130.793%
7IGXMSR44VSNIGXIH6IXEMRIH'ETXYVIH2IX8E\'ETEGMX]ERH
4VSNIGXIH8E\-RGVIQIRX
The City anticipates that the redevelopment will be completed by December 31, 2013, creating a total tax capacity for
TIF District No. 1-11 of $2,578,920 as of January 2, 2014. The captured tax capacity as of that date is estimated to
be $118,301 and the first full year of tax increment is estimated to be $154,728 payable in 2015. A complete
schedule of estimated tax increment from the TIF District is shown in Exhibit III.
635,1*67('
Page 8
City of Maplewood, Minnesota
The estimates shown in this TIF plan assume that commercial class rates remain at 1.5% of the estimated market
value up to $150,000 and 2.0% of the estimated market value over $150,000, and assume a 3% annual increase in
market values.
Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the
extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax
capacity of the TIF District.
For communities affected by the fiscal disparity provisions of Minnesota Statutes, Chapter 473F and Chapter 276A,
the original net tax capacity of the TIF District shall be determined before the application of fiscal disparity. In
subsequent years, the current net tax capacity shall exclude the product of any fiscal disparity increase in the TIF
District (since the original net tax capacity was certified) times the appropriate fiscal disparity ratio.
The County Auditor shall certify to the City the amount of captured net tax capacity each year. The City may choose
to retain any or all of this amount. It is the City's intention to retain 100% of the captured net tax capacity of the TIF
District. Such amount shall be known as the retained captured net tax capacity of the TIF District.
Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits
contained in this TIF Plan, including Exhibit III which shows the projected tax increment generated over the
anticipated life of the TIF District.
7IGXMSR59WISJ8E\-RGVIQIRX
Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by the TIF District and pay
such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of
financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the
projected deduction for this purpose over the anticipated life of the TIF District.
The City has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of
the following purposes:
(1) pay for the estimated public costs of the TIF District (see Section K) and County administrative
costs associated with the TIF District (see Section T);
(2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated
public costs of the TIF District;
(3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to
finance the estimated public costs of the TIF District;
(4) pay all or a portion of the county road costs as may be required by the County Board under M.S.
Section 469.175, Subdivision 1a; or
(5) return excess tax increments to the County Auditor for redistribution to the City, County and School
District.
Tax increments from property located in one county must be expended for the direct and primary benefit of a project
located within that county, unless both county boards involved waive this requirement. Tax increments shall not be
used to circumvent levy limitations applicable to the City.
Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a
building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any
other local unit of government or the State or federal government, or for a commons area used as a public park, or a
635,1*67('
Page 9
City of Maplewood, Minnesota
facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or
renovation of a parking structure or of a privately owned facility for conference purposes.
If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to
repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject
to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the
cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate
subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the
developer or beneficiary.
7IGXMSR6)\GIWW8E\-RGVIQIRX
In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated
public costs authorized by the TIF Plan, the City shall use the excess tax increments to:
(1) prepay any outstanding tax increment bonds;
(2) discharge the pledge of tax increments thereof;
(3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or
(4) return excess tax increments to the County Auditor for redistribution to the City, County and School
District. The County Auditor must report to the Commissioner of Education the amount of any
excess tax increment redistributed to the School District within 30 days of such redistribution.
7IGXMSR78E\-RGVIQIRX4SSPMRKERHXLI*MZI=IEV6YPI
At least 80% of the tax increments from the TIF District must be expended on activities within the district or to pay for
bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No
more than 20% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of
the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to
have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District
if such amounts are:
(1) actually paid to a third party for activities performed within the TIF District within five years after
certification of the district;
(2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably
expected on the date of issuance to be spent within the later of the five-year period or a reasonable
temporary period or are deposited in a reasonably required reserve or replacement fund.
(3) used to make payments or reimbursements to a third party under binding contracts for activities
performed within the TIF District, which were entered into within five years after certification of the
district; or
(4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years
from certification of the district.
Beginning with the sixth year following certification of the TIF District, at least 80% of the tax increments must be used
to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds
have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District
must be decertified.
635,1*67('
Page 10
City of Maplewood, Minnesota
The City anticipates that allowable pooling expenditures will be made outside of the TIF District and within the Project
Area (along with allowable administrative expenses.
7IGXMSR80MQMXEXMSRSR%HQMRMWXVEXMZI)\TIRWIW
Administrative expenses are defined as all costs of the City other than:
(1) amounts paid for the purchase of land;
(2)amounts paid for materials and services, including architectural and engineering services directly
connected with the physical development of the real property in the project;
(3)relocation benefits paid to, or services provided for, persons residing or businesses located in the
project;
(4)amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued
pursuant to section 469.178; or
(5)amounts used to pay other financial obligations to the extent those obligations were used to finance
costs described in clause (1) to (3).
Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or
economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax
increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total
estimated public costs authorized by the TIF Plan or (b) 10% of the total tax increment expenditures for the project.
7IGXMSR90MQMXEXMSRSR4VSTIVX]2SX7YFNIGXXS-QTVSZIQIRXW*SYV=IEV6YPI
If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified
improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall
be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified
improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial
reconstruction or rebuilding of an existing street. The City must submit to the County Auditor, by February 1 of the
fifth year, evidence that the required activity has taken place for each parcel in the TIF District.
If a parcel is excluded from the TIF District and the City or owner of the parcel subsequently commences any of the
above activities, the City shall certify to the County Auditor that such activity has commenced and the parcel shall
once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most
recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF
District.
7IGXMSR:)WXMQEXIH-QTEGXSR3XLIV8E\MRK.YVMWHMGXMSRW
Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax
capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The City believes that there
will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed
development would not have occurred without the establishment of the TIF District and the provision of public
assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the
development therein becomes part of the general tax base.
The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Minnesota
Statutes, Section 469.175, Subdivision 2, are listed below.
635,1*67('
Page 11
City of Maplewood, Minnesota
1.The total amount of tax increment that will be generated over the life of the district is estimated to be
$1,379,900.
2.To the extent the redevelopment project in the proposed TIF District generates any public cost impacts on
city-provided services such as police and fire protection, public infrastructure, and borrowing costs
attributable to the district, such costs will be levied upon the taxable net tax capacity of the City, excluding
that portion captured by the District. The City may issue general obligation bonds or an interfund loan to
finance public costs of the District.
3.The amount of tax increments over the life of the district that would be attributable to school district levies,
assuming the school district’s share of the total local tax rate for all taxing jurisdictions remained the same, is
estimated to be $294,200.
4.The amount of tax increments over the life of the district that would be attributable to county levies,
assuming the county’s share of the total local tax rate for all taxing jurisdictions remained the same is
estimated to be $578,955.
5.No additional information has been requested by the county or school district that would enable it to
determine additional costs that will accrue to it due to the development proposed for the district.
7IGXMSR;4VMSV4PERRIH-QTVSZIQIRXW
The City shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a
listing of all properties within the TIF District for which building permits have been issued during the 18 months
immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the
TIF District by the net tax capacity of each improvement for which a building permit was issued.
There have been no building permits issued in the last 18 months in conjunction with any of the properties within the
TIF District.
7IGXMSR<(IZIPSTQIRX%KVIIQIRXW
If within a project containing an economic development district, more than 10% of the acreage of the property to be
acquired by the City is purchased with tax increment bonds proceeds (to which tax increment from the property is
pledged), then prior to such acquisition, the City must enter into an agreement for the development of the property.
Such agreement must provide recourse for the City should the development not be completed.
The City does not anticipate entering into an agreement for development, and does not anticipate acquiring any
property located within the TIF District.
7IGXMSR=%WWIWWQIRX%KVIIQIRXW
The City may, upon entering into a development agreement, also enter into an assessment agreement with the
developer, which establishes a minimum market value of the land and improvements for each year during the life of
the TIF District.
The assessment agreement shall be presented to the County or City Assessor who shall review the plans and
specifications for the improvements to be constructed, review the market value previously assigned to the land, and
so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate,
shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the
office of the County Recorder of each county where the property is located. Any modification or premature
termination of this agreement must first be approved by the City, County and School District.
635,1*67('
Page 12
City of Maplewood, Minnesota
The City does not anticipate entering into an assessment agreement.
7IGXMSR>1SHMJMGEXMSRWSJXLI8E\-RGVIQIRX*MRERGMRK4PER
Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of
bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the
captured net tax capacity to be retained by the City; increase in the total estimated public costs; or designation of
additional property to be acquired by the City shall be approved only after satisfying all the necessary requirements
for approval of the original TIF Plan. This paragraph does not apply if:
(1) the only modification is elimination of parcels from the TIF District; and
(2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of
those parcels in the TIF District's original net tax capacity, or the City agrees that the TIF District's
original net tax capacity will be reduced by no more than the current net tax capacity of the parcels
eliminated.
The City must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF
District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of
certification.
7IGXMSR%%%HQMRMWXVEXMSRSJXLI8E\-RGVIQIRX*MRERGMRK4PER
Upon adoption of the TIF Plan, the City shall submit a copy of such plan to the Minnesota Department of Revenue.
The City shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the
TIF District. To assist the County Auditor in this process, the City shall submit copies of the TIF Plan, the resolution
establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The City
shall also send the County Assessor any assessment agreement establishing the minimum market value of land and
improvements in the TIF District, and shall request that the County Assessor review and certify this assessment
agreement as reasonable.
The County shall distribute to the City the amount of tax increment as it becomes available. The amount of tax
increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of
the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other
development, inflation of property values, or changes in property classification rates or formulas. In administering and
implementing the TIF Plan, the following actions should occur on an annual basis:
(1) prior to July 1, the City shall notify the County Assessor of any new development that has occurred
in the TIF District during the past year to insure that the new value will be recorded in a timely
manner.
(2) if the County Auditor receives the request for certification of a new TIF District, or for modification of
an existing TIF District, before July 1, the request shall be recognized in determining local tax rates
for the current and subsequent levy years. Requests received on or after July 1 shall be used to
determine local tax rates in subsequent years.
(3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF
District. The amount certified shall reflect any changes that occur as a result of the following:
(a) the value of property that changes from tax-exempt to taxable shall be added to the
original net tax capacity of the TIF District. The reverse shall also apply;
635,1*67('
Page 13
City of Maplewood, Minnesota
(b) the original net tax capacity may be modified by any approved enlargement or reduction of
the TIF District;
(c) if laws governing the classification of real property cause changes to the percentage of
estimated market value to be applied for property tax purposes, then the resulting increase
or decrease in net tax capacity shall be applied proportionately to the original net tax
capacity and the retained captured net tax capacity of the TIF District.
The County Auditor shall notify the City of all changes made to the original net tax capacity of the TIF District.
7IGXMSR%&*MPMRK8-*4PER*MRERGMEP6ITSVXMRKERH(MWGPSWYVI6IUYMVIQIRXW
The City will file the TIF Plan, and any subsequent amendments thereto, with the Commissioner of Revenue and the
Office of the State Auditor pursuant to Minnesota Statutes, Section 469.175, subdivision 4A. The City will comply
with all reporting requirements for the TIF District under Minnesota Statutes, Section 469.175, subdivisions 5 and 6.
635,1*67('
Page 14
ExhibitI
Map of Tax Increment Financing (Economic Development) District No. 1-11
Within Development District No. 1
635,1*67('
Page 15
ExhibitII
Map of Tax Increment Financing (Economic Development) District No. 1-11
635,1*67('
Page 16
ExhibitIII
Assumptions Report
City of Maplewood, Minnesota
Tax Increment Financing (Economic Development) District No. 1-11
Maplewood Mall Improvement Project
Scenario 1 - $9.7M EMV of Improvements
Type of Tax Increment Financing DistrictEconomic Development
Maximum Duration of TIF District8 years from 1st increment
Projected Certification Request Date06/30/11
Decertification Date12/31/21 (9 Years of Increment)
2010/2011
Base Estimated Market Value$122,551,300
Original Net Tax Capacity$2,397,476
Assessment/Collection Year
2011/20122012/20132013/20142014/2015
Base Estimated Market Value$122,551,300$122,551,300$122,551,300$122,551,300
Increase in Estimated Market Value04,638,4257,096,7919,109,695
Total Estimated Market Value122,551,300127,189,725129,648,091131,660,995
Total Net Tax Capacity$2,397,476$2,489,495$2,538,662$2,578,920
City of Maplewood39.050%
Ramsey County54.678%
ISD #62227.785%
Other9.279%
Local Tax Capacity Rate130.792%2010/2011
Fiscal Disparities Contribution From TIF District34.8005%
Administrative Retainage Percent (maximum = 10%)10.00%
Pooling Percent0.00%
BondsNote (Pay-As-You-Go)
Bonds Dated06/30/11Note Dated06/30/11
Bond Issue @ 0.00% (NIC)$0Note Rate6.00%
Eligible Project Costs$0Note Amount$952,900
Present Value Date & Rate06/30/116.00%
Notes
Projections assume no future changes to class and tax rates, and a 3% market value inflator
Projections are based on final 2011 tax rates
635,1*67('
Page 17
Exhibit VI
Market Value Analysis Report
City of Maplewood, Minnesota
Tax Increment Financing (Economic Development) District No. 1-11
Maplewood Mall Improvement Project
Scenario 1 - $9.7M EMV of Improvements
Assumptions
Present Value Date06/30/11
P.V. Rate - Gross T.I.6.00%
Increase in EMV With TIF District$10,877,452
Less: P.V of Gross Tax Increment945,566
Subtotal$9,931,886
Less: Increase in EMV Without TIF0
Difference$9,931,886
AnnualPresent
Gross TaxValue @
Year Increment6.00%
1201378,46968,816
22014120,39899,610
32015154,728120,767
42016159,388117,363
52017164,189114,054
62018169,134110,839
72019174,228107,715
82020179,474104,677
92021184,877101,725
$1,384,885$945,566
635,1*67('
Page 20
Exhibit VII
Projected Interfund Loan Note Report
City of Maplewood, Minnesota
Tax Increment Financing (Economic Development) District No. 1-11
Maplewood Mall Improvement Project
Scenario 1 - $9.7M EMV of Improvements
Note Date:06/30/11
Note Rate:4.00%
Amount:$952,900
Semi-AnnualLoan
NetCapitalizedBalance
DatePrincipalInterestP & IRevenueInterestOutstanding
(1)(2)(3)(4)(5)(6)(7)
952,900.00
02/01/120.000.000.000.0022,340.21975,240.21
08/01/120.000.000.000.0019,504.80994,745.01
02/01/130.000.000.000.0019,894.901,014,639.91
08/01/1314,891.2020,292.8035,184.0035,184.000.00999,748.71
02/01/1415,189.0319,994.9735,184.0035,184.000.00984,559.68
08/01/1434,292.8119,691.1953,984.0053,984.000.00950,266.87
02/01/1534,978.6619,005.3453,984.0053,984.000.00915,288.21
08/01/1551,071.2418,305.7669,377.0069,377.000.00864,216.97
02/01/1652,092.6617,284.3469,377.0069,377.000.00812,124.31
08/01/1655,224.0116,242.4971,466.5071,466.500.00756,900.30
02/01/1756,328.4915,138.0171,466.5071,466.500.00700,571.81
08/01/1759,607.5614,011.4473,619.0073,619.000.00640,964.25
02/01/1860,799.7112,819.2973,619.0073,619.000.00580,164.54
08/01/1864,232.7111,603.2975,836.0075,836.000.00515,931.83
02/01/1965,517.3610,318.6475,836.0075,836.000.00450,414.47
08/01/1969,112.219,008.2978,120.5078,120.500.00381,302.26
02/01/2070,494.457,626.0578,120.5078,120.500.00310,807.81
08/01/2074,256.346,216.1680,472.5080,472.500.00236,551.47
02/01/2175,741.474,731.0380,472.5080,472.500.00160,810.00
08/01/2179,678.803,216.2082,895.0082,895.000.0081,131.20
02/01/2281,131.201,622.6282,753.8282,753.820.000.00
$1,014,640$227,127.91$1,241,767.82$1,241,767.82$61,739.91
Surplus Tax Increment 141.18
Total Net Revenue $1,241,909.00
635,1*67('
Page 21
Attachment 3
DRAFT
MINUTES
CITY OF MAPLEWOOD
BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION
5:15 p.m.,Thursday
, March 24, 2011
Council Chambers, Maplewood City Hall
1830 County Road B East
5.NEW BUSINESS
b.Tax Increment Financing (TIF) District No. 1-11 for an Economic Development
Tax Increment Financing Project as part of Maplewood Mall Improvements
i.Planner, Michael Martin gave the report and answered questions of the
commission.
ii.Financial Consultant with Springsted Inc., Tom Denaway gave a presentation
and answered questions of the commission.
iii.Mikaela Huot with Springsted, Inc. answered questions of the commission.
Commissioner Hesley said (TIF) financing is not a good use for what (TIF) is intended
for in order to finance this project. This doesn’t meet the criteria for the “but for test”, it
doesn’t create new jobs and the commission is against using TIF for this particular
project.
Commissioner Hesley moved to recommend to the city council the commission’s
disapproval
of the Tax Increment Financing (TIF) District No. 1-11 for an Economic
Development Tax Increment Financing Project as part of the Maplewood Mall
Improvementsas presented.
Seconded by Commissioner Ulrich. Ayes - All
disapprove
The motion passed to this project.
Staff requested that a representative from the BEDC be present at the April 25, 2011,
city council meeting to state the commission’s stance on this item.Commissioner Hesley
volunteered to attend as the representative. If he is unavailable to attend Chairperson
Jenkins will attend in his place.
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA
HELD: April 25, 2011
Pursuant to due call and notice thereof, a regular or special meeting of the City
Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held on the
th
25 day of April, 2011, at 7:00 p.m.
The following members of the Council were present:
and the following were absent:
Member __________ introduced the following resolution and moved its adoption:
RESOLUTION APPROVING THE MODIFICATION TO THE DEVELOPMENT PROGRAM
FOR DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING TAX INCREMENT
FINANCING DISTRICT NO. 1-11 THEREIN AND APPROVING A TAX INCREMENT
FINANCING PLAN THEREFOR
WHEREAS:
A.It has been proposed that the City of Maplewood, Minnesota (the "City")
modify the Development Program for Development District No. 1 and establish Tax Increment
Financing District No. 1-11 ("TIF District No. 1-11") therein and approve and accept the
proposed Tax Increment Financing Plan therefor under the provisions of Minnesota Statutes,
Sections 469.174 to 469.1799 (the "Act"); and
B.The City Council has investigated the facts and has caused to be prepared
a modification to the Development Program for Development District No. 1 (the "Development
Program Modification"), and has caused to be prepared a proposed tax increment financing plan
for TIF District No. 1-11 therein (the "TIF Plan"); and
C.The City has performed all actions required by law to be performed prior
to the approval of the Development Program Modification and TIF Plan, including, but not
limited to, notification of Ramsey County and School District No. 622 having taxing jurisdiction
over the property to be included in TIF District No. 1-11 and the holding of a public hearing
upon published and mailed notice as required by law; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Maplewood as follows:
1.Development District No. 1. The City has heretofore established in the City
Development District No. 1 (the "Development District"), the initial boundaries of which are
fixed and determined as described in the Development Program.
3737400v1
2.Development Program Modification. The Development Program Modification,
for the Development District, a copy of which is on file in the office of the City Manager, is
adopted as the development program for the Development District.
3.TIF Plan. The TIF Plan is adopted as the tax increment financing plan for TIF
District No. 1-11, and the City Council makes the following findings:
(a)TIF District No. 1-11 is aneconomic development district as defined in
Minnesota Statutes, Section 469.174, Subdivision 12, the specific basis for such determination
being that the proposed development financed by tax increments from TIF District No. 1-11 (the
"Project") will result in increased employment in the state and will result in the preservation and
enhancement of the tax base of the State.
(b)In addition, pursuant to Minnesota Statutes Section 469.176, Subdivision
4c(d), the City finds that the Project will create or retain jobs in the state, including construction
jobs, and that the construction of the Project would not have commenced before July 1, 2011,
without the tax increment financing assistance to be provided pursuant to the TIF Plan.
(c)The proposed development in the opinion of the City Council, would not
occur solely through private investment within the reasonably foreseeable future. The reasons
supporting this finding are that:
(i)Private investment will not finance these development activities due to the
high cost of site improvements and infrastructure costs. The City, without
tax increment assistance, would not have the resources to undertake the
necessary site improvements. It is necessary to finance these development
activities through the use of tax increment financing so that other
development by private enterprise will occur within the Development
District.
(ii)A comparative analysis of estimated market values both with and without
establishment of TIF District No. 1-11 and the use of tax increments has
been performed as described above. Such analysis is found in Exhibit VI
of the TIF Plan, and indicates that the increase in estimated market value
of the proposed development (less the indicated subtractions) exceeds the
estimated market value of the site absent the establishment of TIF District
No. 1-11 and the use of tax increments.
(d)In the opinion of the City Council, the increased market value of the site
that could reasonably be expected to occur without the use of tax increment financing would be
less than the increase in the market value estimated to result from the proposed development
after subtracting the present value of the projected tax increments for the maximum duration of
TIF District No. 1-11 permitted by the TIF Plan. The reasons supporting this finding are that:
(i)The estimated amount by which the market value of the site will increase
without the use of tax increment financing is $0, plus a small amount
attributable to appreciation in land value;
2
3737400v1
(ii)The estimated increase in the market value that will result from the
development to be assisted with tax increment financing is $10,877,452;
and
(iii)The present value of the projected tax increments for the maximum
duration of the district permitted by the tax increment financing plan is
$945,566.
(e)The TIF Plan for TIF District No. 1-11 conforms to the general plan for
development or redevelopment of the City of Maplewood as a whole. The reasons for
supporting this finding are that:
(i)TIF District No. 1-11 is properly zoned; and
(ii) The Planning Commission of the City has determined that the proposed
TTIF Plan conforms to the general plan for the development and
redevelopment of the City as a whole ; and
(iii)The TIF Plan will generally compliment and serve to implement policies
adopted by the City.
(f)The TIF Plan will afford maximum opportunity, consistent with the sound
needs of the City of Maplewood as a whole, for the development or redevelopment of the
Development District by private enterprise. The reasons supporting this finding are that:
The development activities are necessary so that development and
redevelopment by private enterprise can occur within the Development District.
4.Public Purpose. The adoption of the Development Program Modification and TIF
Plan conform in all respects to the requirements of the Act and will help fulfill a need to
redevelop an area of the State which is already built up to provide employment opportunities and
to improve the tax base and to improve the general economy of the State and thereby serves a
public purpose.
5.Certification. The Auditor of Ramsey County is requested to certify the original
net tax capacity of TIF District No. 1-11 as described in TIF Plan, and to certify in each year
thereafter the amount by which the original net tax capacity has increased or decreased in
accordance with the Act; and the City Manager is authorized and directed to forthwith transmit
this request to the County Auditor in such form and content as the Auditor may specify, together
with a list of all properties within TIF District No. 1-11 forwhich building permits have been
issued during the 18 months immediately preceding the adoption of this Resolution.
6.Filing. The City Manager is further authorized and directed to file a copy of the
Development Program and TIF Plan for TIF District No. 1-11 with the Commissioner of
Revenue and the Office of the State Auditor.
3
3737400v1
7.Administration. The administration of the Development District is assigned to the
City Manager who shall from time to time be granted such powers and duties pursuant to
Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem appropriate.
The motion for the adoption of the foregoing resolution was duly seconded by
member _________ and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
4
3737400v1
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting Manager of the City of
Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and
foregoing extract of minutes with the original thereof on file in my office, and that the same is a
full, true and complete transcript of the minutes of a meeting of the City Council of said City,
duly calledand held on the date therein indicated, insofar as such minutes relate to the
modification to the Development Program for Development District No. 1 and the establishment
of Tax Increment Financing District No. 1-11 therein in the City.
th
WITNESS my hand this 25 day of April, 2011.
________________________________
City Manager
5
3737400v1
RESOLUTION NO. ____
RESOLUTION APPROVING THE TERMS OF UP TO A
$952,900 INTERFUND LOAN IN CONNECTION WITH
TAX INCREMENT FINANCING DISTRICT NO. 1-11
BE IT RESOLVED by the City Council (the "Council") of the City of Maplewood,
Minnesota (the "City"), as follows:
Section 1.Background.
(a)The City has heretofore approved the establishment of Tax Increment Financing
District No. 1-11 (the "TIF District") within Development District No. 1, and has adopted a tax
increment financing plan for the TIF District (the "TIF Plan").
(b)The City has determined to pay for certain costs identified in the TIF Plan
consisting of land/building acquisition, public utilities, site improvements/preparation, other
eligible improvements, and administrative costs (the "Qualified Costs") incurred in connection
with the establishment of the TIF District and development/redevelopment of land within the TIF
District, which costs will be financed on a temporary basis from City funds available for such
purposes.
(c)Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to
advance or loan money from the City's general fund or any other fund from which such advances
may be legally made, in order to finance the Qualified Costs.
(d)The City intends to reimburse itself for the payment of the Qualified Costs, plus
interest thereon, from tax increments derived from the TIF District in accordance with the terms
of this resolution (which terms are referred to collectively as the "Interfund Loan").
Section 2.Terms of Interfund Loan.
(a)The City hereby authorizes the advance of up to $952,900 from
the________________ or the City's General Fund or so much thereof as may be paid as
Qualified Costs. The City shall reimburse itself for such advances together with interest at the
rate stated below. Interest accrues on the principal amount from the date of each advance. The
maximum rate of interest permitted to be charged is limited to the greater of the rates specified
under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan or advance
is authorized, unless the written agreement states that the maximum interest rate will fluctuate as
the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from
time to time adjusted. The interest rate shall be 4% and will not fluctuate.
(b)Principal and interest on the Interfund Loan shall be paid semi-annually on each
February 1 and August 1 (each a "Payment Date") commencing with the Payment Date on which
the City has Available Tax Increment (defined below), or on any other dates determined by the
City Manager, through the last receipt of tax increment from the TIF District.
3736731v1
(c)Payments on the Interfund Loan are payable solely from "Available Tax
Increments" which shall mean, on each Payment Date, all of the tax increment available after
other obligations have been paid, generated in the preceding six (6) months with respect to the
property within the TIF District and remitted to the City by Ramsey County, all in accordance
with Minnesota Statutes, Sections 469.174 to 469.1799. Payments on the Interfund Loan are
subordinate to any outstanding or future bonds, notes or contracts secured in whole or in part
with Available Tax Increment, and are on parity with any other outstanding or future interfund
loans secured in whole or in part with Available Tax Increment.
(d)The principal sum and all accrued interest payable under the Interfund Loan are
pre-payable in whole or in part at any time by the City without premium or penalty. No partial
prepayment shall affect the amount or timing of any other regular payment otherwise required to
be made under this Interfund Loan.
(e)The Interfund Loan is evidence of an internal borrowing by the City in
accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation
payable solely from Available Tax Increment pledged to the payment hereof under this
resolution. The Interfund Loan and the interest hereon shall not be deemed to constitute a
general obligation of the State of Minnesota or any political subdivision thereof, including,
without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof
shall be obligated to pay the principal of or interest on the Interfund Loan or other costs incident
hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing
power of the State of Minnesota or any political subdivision thereof is pledged to the payment of
the principal of or interest on the Interfund Loan or other costs incident hereto. The City shall
have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon,
which may remain unpaid after the final Payment Date.
(f)The City may amend the terms of the Interfund Loan at any time by resolution of
the City Council, including a determination to forgive the outstanding principal amount and
accrued interest to the extent permissible under law.
Section 3.Effective Date. This resolution is effective upon the date of its approval.
th
Adopted this 25 day of April, 2011.
__________________________________________
Mayor
ATTEST:
City Manager
2
3736731v1
Agenda Item I.1
MEMORANDUM
TO: James Antonen, City Manager
FROM: Shann Finwall, AICP, Environmental Planner
Steve Kummer, Engineer
Chuck Ahl, Assistant City Manager
SUBJECT: Organized Trash Collection System Analysis –
a. Resolution Approving Scope of Work and Budget for Consultant Assistance
b. Resolution Approving General Consultant Service Agreement with Foth
Infrastructure & Environment, LLC
DATE: April 19, 2011, for the April 25 City Council Meeting
INTRODUCTION
On February 28, 2011, the City Council adopted a Resolution of Intent to Organize Trash
Collection. The adoption of this resolution is required by Minnesota Statutes, Section 115A.94,
Subdivision 4 to begin the planning process for organized trash collection.
BACKGROUND
2009 and 2010: The Environmental and Natural Resources (ENR) Commission chose the
review of the city’s open trash hauling system as one of their environmental goals. The ENR
Commission recommended approval of a report compiled by the ENR Trash Hauling
Subcommittee which outlined goals for organizing the city’s trash hauling system.
May 2010: The City Council held a workshop to discuss the ENR Commission’s
recommendations on organized trash hauling. During the meeting the City Council authorized
staff to form a work group consisting of three ENR Commissioners and city staff. The work
group was tasked with preparing a report on the pros and cons of the city’s open trash hauling
system compared with an organized system, and with completing a work plan for proceeding
with the organized trash hauling process.
August 2010: The City Council held a workshop to review the work group’s report and work
plan. During the meeting the City Council directed staff to set a special meeting for October 4,
2010, to allow all interested parties to speak to the issue of open versus organized trash hauling
systems.
October 4, 2010: The City Council held a special City Council meeting to discuss open versus
organized trash hauling systems. The meeting was attended by approximately 150 people, with
41 residents and 5 representatives of trash hauling businesses speaking to the matter.
November 15, 2010: The City Council held a workshop to review of the following: 1) results of
the October 4, 2010, special City Council meeting held to discuss the city’s open trash hauling
system; 2) options for proceeding with the Collection System Analysis; and 3) budgeting for
continued analysis. During the workshop the City Council requested additional information prior
to determining whether or not to continue with the statutory process for organizing the city’s
trash hauling system.
February 7, 2011: The City Council held a workshop to review the following: 1) goals and
objectives; 2) collection rates; 3) collection system arrangements; 4) additional studies; 5: and
scope of work. During the workshop the City Council requested the item be placed on a regular
City Council agenda to set a date for public hearing to consider adoption of a resolution of intent
to organize trash collection.
:
February 28, 2011The City Council scheduled a public hearing to consider the adoption of a
resolution of intent to organize for March 28, 2011.
March 28, 2011: The City Council held a public hearing to consider the adoption of a resolution
of intent to organize trash collection. During the public hearing there were approximately 200
people in attendance, with 39 people speaking to the matter. A list of the names of people
speaking and a summary of their comments is attached (Attachment 1). After the public hearing
the City Council adopted the resolution of intent to organize trash collection (Attachment 2).
DISCUSSION
Goals and Objectives
Following is the City Council’s ranking of goals and objectives for trash collection systems:
1. Economic
a. Cost savings on road repairs and reconstruction.
b. Lower cost for residents (cost per household per month) due to competitive bidding.
2. Service
a. Greater leverage to correct problems with service.
b. Customized service options for residents such as:
1) Rebates for extended vacations (e.g., over four weeks without service)
2) Special collection options (e.g., garage-side pickup)
3) Large/bulky items pick up.
4) Special events pickups (e.g., Spring and Fall Clean Up events)
3. Environmental
a. To better manage solid waste and recycling.
b. Better able to direct waste to the best environmental destination.
c. Less gas and/or diesel burned.
d. Less CO emitted into the atmosphere.
2
4. Safety
a. Safer streets.
5. Efficiency*
a. Maximizing efficiency in solid waste collection.
6. Planning Process
a. Achieving the stated organized collection goals of the city.
b. Ensuring participation of all interested parties in the decision-making process.
2
7. Aesthetics
a. Less traffic, noise, and dust.
b. More consistent and neater looking streets during collection days.
8. Hauler Impacts*
a. Minimizing displacement of collectors.
*Required by state statute.
Summary of Process
Minnesota Statute, Section 115A.94 (Organized Collection) sets forth the process by which a
city may organize trash hauling collection. Once a city takes the first step of adopting a
resolution of intent, the process could take a minimum of 180 days. There is no maximum limit
on the amount of time a city studies, plans, or negotiates the issue. Further, there is no
requirement that a city take action after the process if an organized system does not seem
warranted. It is a planning process designed by Legislators to ensure participation from all
interested parties prior to a city’s decision. Following is a summary of the statutory process:
1. Notice of Hearing: A city must give a two-week notice to the public and must mail notice
to all solid waste collectors operating in the city of the intent to begin planning for the
establishment of an organized collection system.
2. Public Hearing: The city must hold a public hearing to consider the adoption of a
resolution of intent to begin planning for the establishment of an organized collection
system. The resolution is required to be adopted at least 180 days before a city can
implement an organized collection system.
3. 90-Day Planning Period: After adoption of the resolution of intent, the city must develop,
or supervise the development of plans for an organized collection system. The planning
process must invite the assistance of solid waste collectors in the city.
4. 90-Day Negotiation Period: After the planning period, the city must discuss the
organized collection arrangements with all licensed solid waste collectors who have
expressed interest in participating. If the city is not able to agree on a system with a
majority of collectors who have expressed interest, or upon expiration of the 90-day
period, the city can propose an alternate method of organizing.
5. Findings: To document its decision, the city must make findings that describe and detail
the procedures to plan and attempt implementation of organized collection, and evaluate
the proposed organized collection method in light of the following standards:
a. Achieving the stated organized collection goals of the municipality.
b. Minimizing displacement of collectors.
c. Ensuring participation of all interested parties in the decision making process.
d. Maximizing efficiency in solid waste collection.
No one factor is determinative and other local considerations may be relevant.
3
6. Implementation: After all these steps are taken, and after at least 180 days from the
adoption of the resolution of intent, the city can proceed to implementation of an
organized collection plan. Such a plan would require amendments to a city’s collection
ordinance. This process has its own statutory requirements and could take three
months to one year to accomplish.
Consultant Service
In order to ensure the city obtains expert technical assistance for our trash collection system
analysis, staff sent a request for qualifications (RFQ) for professional consulting services to
three environmental consulting firms. After a professional review of the RFQs, staff is
recommending the City Council authorize consultant assistance from Foth Infrastructure &
Environment, LLC, for the next phase of the organized trash collection system analysis.
Scope of Work
Staff is proposing a scope of work to include the formation of a Trash Hauling Working Group.
This group will be made up of two City Councilmembers (Councilmembers Nephew and
Juenemann appointed by the City Council) and three ENR Commissioners (Commissioners
Schreiner, Trippler, and Yingling appointed by the Commission). The Trash Hauling Working
Group will serve as a review team for analysis of collection system options, which will be
compiled into a solid waste request for proposals. The working group will meet approximately
six times throughout the next few months and will update the City Council monthly. All
organized trash collection system reports and outcomes will be approved by the full City
Council.
Budget
The budget proposed for the above-described scope of work is not to exceed $40,000. Staff is
recommending that the city fund this work with the 2011 Ramsey County SCORE grant.
SCORE, which stands for Select Committee on Recycling and the Environment, is designed to
promote programs which enhance or improve waste reduction and recycling efforts in the
county. SCORE was adopted by the Minnesota Legislature in 1989 as part of comprehensive
waste reduction and recycling legislation. The city was awarded $77,638 in SCORE grant
funding for 2011.
Minnesota Statutes, section 115A.557, outlines the purposes for which SCORE grant money
may be spent as follows:
A county receiving money distributed by the commissioner under this section may use
the money only for the development and implementation of programs to:
(1) reduce the amount of solid waste generated;
(2) recycle the maximum amount of solid waste technically feasible;
(3) create and support markets for recycled products;
(4) remove problem materials from the solid waste stream and develop proper disposal
options for them;
(5) inform and educate all sectors of the public about proper solid waste management
procedures;
(6) provide technical assistance to public and private entities to ensure proper solid
waste management;
4
(7) provide educational, technical, and financial assistance for litter prevention; and
(8) process mixed municipal solid waste generated in the county at a resource recovery
facility located in Minnesota.
Ramsey County provides SCORE grant funding to municipalities to support the above-
mentioned programs. The city’s use of the SCORE grant funds for a trash collection system
analysis meets the City Council’s environmental goal of better managing solid waste and
recycling.
RECOMMENDATIONS
1. Adopt the resolution approving a scope of work and budget for consultant assistance
(Attachment 3). This resolution approves of a work schedule and budget for the next
phase of the organized trash collection system analysis process.
2. Adopt the resolution approving general consultant service agreement with Foth
Infrastructure & Environment, LLC (Attachment 4). This resolution authorizes Foth
Infrastructure & Environment, LLC, to provide professional consulting services to the City
of Maplewood for the next phase of the organized trash collection system analysis
process.
Attachments:
1. Summary of March 28, 2011, Public Hearing Comments
2. March 28, 2011, City Council Minutes Which Includes the Resolution of Intent to Organize Trash Collection
3. Resolution Approving a Scope of Work and Budget for Consultant Assistance
4. Resolution Approving General Consultant Service Agreement with Foth Infrastructure & Environment, LLC
5
Meeting Summary - Public Comments
March 28, 2011
Public Hearing to Consider the Adoption of a
Resolution of Intent to Organize Trash Collection
Maplewood City Hall
Maplewood, Minnesota
Dale Tripper, Environmental and Natural Resources Commission, presented a report from the
commission.
Mayor Rossbach opened the public hearing at 8:03 p.m.
1. Chris Green – adamantly opposed to organized collection, my choice, not the city’s
choice, will take away my right to fire my trash hauler. Concerns me greatly that the city
is going to be putting staff on this as it could be costly. Kills small businesses. Safety is
a misnomer due to professional drivers.
2. Bob Parsons – this is just going to go on for months and months and months. The ‘will’
of the people will be no. The vast majority of the audience will say no.
3. Joanne Parsons – changed trash haulers three times and saved a great deal of money.
Delivery trucks sit in a parking lot across from her house.
4. Colin Lee – Lakeville resident and president of Hood bid.com. Homeowner coupon
system. Neighborhood opt-in models for trash hauling. Here for clean efficient services
and real competition.
5. George Murray – Southwind Townhomes Association. Private streets. Will the City
make us convert to the city’s system?
6. Mary Jo Kreitz – What about the FedEx and UPS trucks that drive down my road 5 to 8
times per day. It is not right to dictate which hauler we have. Against the organized
collection system. Will we be able to vote on this?
7. Mark Bradley – The city has spent most of the score grant money. This is a Chicken
Little mentality, that the “trash is falling”.
8. Chris Songe - I believe in free enterprise. Not opposed to the plan for unified hauling.
Would like to have a method where residents are protected from arbitrary price hikes.
Bids made available free to residents. The city’s recycling bins are not senior citizen
friendly.
9. Clyde Jones – Three haulers have competed for his business. Is it going to eliminate
people’s jobs.
10. Larry Whitcomb - Against organizing due to a scandal – volunteered for the fire
department. A third party system lends itself to corruption. The bigger the system, the
more corruption there is.
11. Jeanette Carl – The public told the city council that we did not want government-run
garbage service. How do you justify spending the taxpayer’s money on something we
don’t want or need. My street was replaced two years ago.
12. Bill Schriener – Lives in a small neighborhood association with neighborhood organized
trash hauling. They have 60 gallon containers for $8.15/mo. This is not a government
takeover of trash hauling. Maybe there is a better way.
13. Fran Grant – Opposes organized collection. It is as if Hitler is running this city and the
soldiers must follow. The city council was elected to represent the people.
14. Bill Hansen – I believe in small business and jobs. I am tired of the city determining
winners and losers. I like my choice. I don’t respect people taking my choice away. I
believe in democracy. Sixteen years in Maplewood. Our costs keep going up because
we keep hiring people.
15. William Robbins – The same issue came up 15 years ago in 1995. Much the same
procedure started. It ran on the rocks due to the haulers’ opposition. At that time it was
determined that one street might have up to five haulers, but the average was 2.2
haulers per street. This means that the truck traffic with organized hauling will only drop
by 30-40%. School buses weigh roughly the same as a loaded dump truck.
16. Michael Pophem – In favor and thinks it’s sensible.
17. Tim Kinley – against organized collection. Against taking of private property. This will
create a property rights problem. Organized hauling is unconstitutional. Government
slows down technology.
18. Les Katola – I believe in free enterprise. I don’t think the government should tell me
what I should do. The city council is just going to jam this down our throats. It is going
to cost more money in the end.
19. Pat McCallum – When we make a mistake in our choice we can change. When the city
makes a mistake, the residents are stuck with it. My hauler is reliable, allows stops and
starts for vacations, and is clean.
20. John Branbush – Mixed emotions about the city council. The council doesn’t care what
we think. Disappointed. The council doesn’t seem to be too concerned about this.
2
21. Tom Trost - Doubts that a number of residents have not actually contacted the city
council. We want to have the option of having the most expensive trash hauler that we
can find, or not.
22. Al Benjamin – With all due respect, is that guy for organized hauling? (Talking about Bill
Schriener.) Very few stats in the MPCA report.
23. Tony Hoffer – Against the plan of organized collection. City council should take a look at
the long-term effects of this. Bigger companies will take over the smaller haulers and
force out them out.
24. Sharlene Laumer – Not in favor of the proposal. Our current system works just fine.
Doesn’t want to pay for services that she doesn’t use. There is a lot of traffic on Keller
Parkway. Likes the local company better.
25. Wayne Dunshee – Has had a number of haulers and changed haulers in response to
competition. Encouraging people to go to a specific hauler. City should encourage
competition rather than creating a system with one hauler. Competition drives economic
issues. The first two city council goals speak to competition.
26. Jon Belisle – Presentation regarding organized trash hauling cities.
Little Canada = $18.50/mo
NSP = $17.94/mo
Vadnais Heights = $19.57/mo
WBL = $18.50/mo
Higher prices than Maplewood. They have a different package of services.
27. Dave Schelling – Three meetings ago he asked about the $77,000. The manager didn’t
know anything about the $77,000. This is a conspiracy by Ramsey County who wants to
direct all the trash to a sorting facility for burning. That whole operation is very spendy.
They want to direct all the stuff to the burners and pick it all apart and take it to the
landfill.
28. Mike Berkopec, General Manager, Ace Solid Waste, Inc., Vice Chair of NSWMA – Bias
for private industry. Choice = value. When government gets involved, there will be
bureaucracy. Choice will be limited. The economic benefit is not worth the challenge.
The city requires this service therefore the city shouldn’t run it. Road Impact Study –
comparative cost per mile.
29. Timothy Lamusga – His family tries to buy products from local companies. The same is
true with local companies like trash haulers. Keep the jobs here and don’t give them to
the other states.
3
30. Diana Longrie – I don’t think it is appropriate for the city council to debate the citizens at
a public hearing. The city council should listen. The allegation that trash hauling trucks
have caused death on Maplewood streets is inaccurate. The allegation that the city will
save money is a red herring. The argument was not started with this in the beginning.
Do you really want me to save money?
31. Michelle Piotrowski – Supports the city council looking at whether our current system
makes sense or not. We can’t control buses, fed ex, etc., but we can control the trash
hauling trucks in our city.
32. Gary Kloncz - Has the level of service with Tennis increased over Eureka?
33. Randy Cook – Doesn’t support organized trash hauling. The city council is shoving too
much down our throats.
34. Hilary Ballard – She had organized trash hauling in the state she used to live in.
35. David Domack – Hauler out of Lakeville (DSI) – in business 28 years. Garbage guys
have put a lot of soul into their companies.
36. Scott Zager – In favor of considering organized trash collection. The trash hauling trucks
zip around their little cul-de-sac. .
37. Christel LaMusga – If you change your perspective on this you will see that we are not
disgruntled lunatics but satisfied customers.
38. Ginny Yingling - Live in a townhome association and have an organized service. Started
talking to neighbors who indicate that they have 5 haulers servicing ten homes. It makes
more sense for government to look at efficiency. Less trucks = less fuel consumption.
39. Kim Points - I am not interested in organized hauling. I would prefer my services cut
over my choice. You will not limit my freedom. Remember that whoever votes for this
resolution will be remembered on Election Day.
Public hearing closed at 10:03 pm
4
MINUTES (Partial Minutes)
MAPLEWOOD CITY COUNCIL
7:00 p.m., Monday, March 28, 2011
Council Chambers, City Hall
Meeting No. 06-11
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at 7:00 p.m. by Mayor Rossbach.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Will Rossbach, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
James Llanas, Councilmember Present
John Nephew, Councilmember Present
********************************************************************************
H. PUBLIC HEARING
1. Public Hearing to Consider the Adoption of a Resolution of Intent to
Organize Trash Collection
a. Environmental Planner, Shann Finwall gave the report of Intent to Organize
Trash Collection and answered questions of the council.
b. Environmental & Natural Resources Commissioner, Dale Trippler addressed
the council.
c. Assistant City Manager, Public Works Director, Chuck Ahl addressed and
answered questions of the council.
Mayor Rossbach opened the public hearing at 8:03 p.m. The following people spoke at
the public hearing:
1. Chris Greene, Maplewood. 17. Tim Kinley, Maplewood.
2. Bob Parsons, Maplewood. 18. Les Katola, Maplewood.
3. Joanne Parsons, Maplewood. 19. Pat McCallum, Maplewood.
4. Colin Lee, Lakeville. 20. John Grambush, Maplewood.
5. George Murray, Maplewood. 21. Tom Trost, Maplewood.
6. Mary Jo Kreitz, Maplewood. 22. Al Benjamin, Maplewood.
7. Mark Bradley, Maplewood. 23. Tony Hoffer, Maplewood.
8. Chris Songe, Maplewood. 24. Sharlene Laumer, Maplewood.
9. Clyde Jones, Maplewood. 25. Wayne Dunshee, Maplewood.
10. Larry Whitcomb, Maplewood. 26. Jon Belisle, Maplewood.
11. Jeanette Carle, Maplewood. 27. Dave Schelling, Maplewood.
12. Bill Schreiner, Maplewood. 28. Mike Berkopec, General
13. Fran Grant, Maplewood. Manager, Ace Solid Waste, Inc.,
14. Bill Hansen, Maplewood. Vice-Chair of NSWMA.
15. William Robbins, Maplewood. 29. Timothy LaMusga, Maplewood.
16. Michael Pophem, Maplewood. 30. Diana Longrie, Maplewood.
31. Michelle Piotrowski, Maplewood. 35. David Domack, DSI, Lakeville.
32. Gary Kloncz, Maplewood. 36. Scott Zager, Maplewood.
33. Male speaker didn’t give his 37. Christel LaMusga, Maplewood
name. 38. Ginny Yingling, Maplewood.
34. Hilary Ballard, Maplewood. 39. Kim Points, Maplewood.
Mayor Rossbach closed the public hearing at 10:01 p.m. The city council took a 10-
minute recess. The city council reconvened.
Councilmember Juenemann moved to approve the resolution of intent to organize trash
collection. This resolution is required by Minnesota Statutes, Section 115A.94,
Subdivision 4 to begin the planning process for organized trash collection, to initiate
additional public participation, and to evaluate all trash collection system options,
including evaluating the city’s current open trash collection system for potential
improvements.
RESOLUTION 11-03-541
CITY OF MAPLEWOOD
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF INTENT TO ORGANIZE TRASH COLLECTION
WHEREAS, Maplewood has an open trash collection system with nine residential trash
haulers licensed in the city in 2011.
WHEREAS, Minnesota Statute, Section 115A.94, Subdivision 4(a) requires a city adopt
a resolution of intent to organize trash collection before implementing an ordinance, franchise,
license, contract or other means of organizing collection.
WHEREAS, Minnesota Statute, Section 115A.94, Subdivision 4(b) requires a city to hold
a public hearing prior to adopting the resolution of intent to organize trash collection.
WHEREAS, on March 28, 2011, the Maplewood City Council held a public hearing to
take testimony from interested persons, including persons licensed to operate solid waste
collection services in the city, prior to the adoption of a resolution of intent to organize trash
collection.
NOW, THEREFORE, be it resolved that the Maplewood City Council hereby adopts a
resolution of intent to organize trash collection for the following reasons:
1. To begin a planning process.
2. To initiate additional public participation.
3. To evaluate all trash collection system options, including evaluating the city’s
current open trash collection system for potential improvements.
Adopted this 28th day of March, 2011.
By: Attest:
___________________________________________________________________________
Mayor City Clerk
Seconded by Councilmember Llanas. Ayes – Mayor Rossbach
Councilmember Juenemann,
Llanas and Nephew
Nay – Councilmember Koppen
The motion passed.
RESOLUTION NO. _________
CITY OF MAPLEWOOD
COUNTY OF RAMSEY
STATE OF MINNESOTA
Resolution Approving Scope of Work and Budget for Consultant Assistance
WHEREAS, Maplewood City Council adopted a Resolution of Intent to Organize Trash
Collection on March 28, 2011.
WHEREAS, the adoption of a Resolution of Intent to Organize Trash Collection by the
Maplewood City Council was the beginning of a planning process to initiate public participation and
evaluate all trash collection system options, including evaluating the city’s current open trash
collection system for potential improvements.
WHEREAS, staff is recommending that the next phase of the organized trash collection
system analysis include the formation of a Trash Hauling Working Group to be made up of two City
Councilmembers and three Environmental and Natural Resources Commissioners.
WHEREAS, staff is recommending the city contract with Foth Infrastructure & Environment,
LLC, for the next phase of the organized trash collection system analysis.
NOW, THEREFORE, be it resolved that the Maplewood City Council hereby approves a scope
of work and budget for consultant assistance from Foth Infrastructure & Environment, LLC as
attached hereto as Exhibit 1 for the next phase of the organized trash collection system analysis. The
budget is not to exceed $40,000 for this phase of the analysis, to be funded by a portion of the city’s
2011 SCORE grant funds.
Adopted this ________ day of _________, 2011.
Signed: Attest:
__________________________________ __________________________________
Mayor City Clerk
ATTACHMENT A
SCOPE OF SERVICES
Foth Infrastructure & Environment, LLC (“Foth”) will provide the following professional consulting
services to the City of Maplewood for this phase of the project:
Task 1 – Draft RFP:
Foth will draft the solid waste collection request for proposals (RFP)
and contract for review, comment and approval by City staff, the Trash Hauling Working
Group and City Council. City staff will be responsible for presentations to City Council.
Task 2 – Review and comment on draft of existing system description as produced by City
staff.
Task 3 – Review and comment on draft of ordinance amendments as produced by City
staff.
Task 4 – Meetings with Working Group:
Foth will assist City staff in presenting information
on the draft RFP and contract to the Working Group. City staff will be responsible for
coordination and management of the Working Group meetings.
Task 5 – Preliminary planning meetings with haulers:
Foth will assist and join City staff
with preliminary planning meetings with the nine (9) residential trash haulers. City staff will
be responsible for coordination and management of the hauler meetings.
Task 6 – Review and comment on draft findings and final report:
Foth will review and
comment on the City staff draft of the project findings and final report as required by
Minnesota Statutes (M.S. 115A.94). City staff will be responsible for the initial draft report
and presentations to City Council.
Task 7 – Project management:
Foth will provide project management and administration
according to generally accepted professional standards.
COMPENSATION
The project budget for the Scope of Services is on a time and materials basis not to exceed $40,000.00.
Monthly invoices will be submitted along with a summary report of work completed.
RESOLUTION NO. _________
CITY OF MAPLEWOOD
COUNTY OF RAMSEY
STATE OF MINNESOTA
Resolution Approving General Consultant Service Agreement
with Foth Infrastructure & Environment, LLC
WHEREAS, Maplewood City Council adopted a Resolution of Intent to Organize Trash
Collection on March 28, 2011.
WHEREAS, the adoption of a Resolution of Intent to Organize Trash Collection by the
Maplewood City Council was the beginning of a planning process to initiate public participation and
evaluate all trash collection system options, including evaluating the city’s current open trash
collection system for potential improvements.
WHEREAS, the city has obtained three request for qualifications (RFQs) for professional
assistance during the planning process.
WHEREAS, after a professional review of the RFQs, staff has recommended the City Council
authorize consultant assistance from Foth Infrastructure & Environment, LLC, for the next phase of
the organized trash collection system analysis.
NOW, THEREFORE, be it resolved that the Maplewood City Council hereby approves a
general consultant service agreement with Foth Infrastructure & Environment, LLC, attached hereto
as Exhibit 1 for the next phase of the organized trash collection system analysis.
Adopted this ________ day of _________, 2011.
Signed: Attest:
__________________________________ __________________________________
Mayor City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
(BETWEEN OWNER AND ENGINEER)
THIS IS AN AGREEMENT made as of February 15, 2011 , between:
City of Maplewood, Minnesota, 1830 County Road B East, Maplewood, Minnesota 55109,
hereinafter referred to as "OWNER" and Foth Infrastructure & Environment, LLC
a Wisconsin corporation with its principal place of business in Green Bay , Wisconsin, hereinafter referred to as
"ENGINEER."
WHEREAS the OWNER intends to contract with ENGINEER to analyze its solid waste collection system to
determine alternative means of improving system performance, hereinafter referred to as "PROJECT," and
WHEREAS the ENGINEER has the necessary personnel and facilities to provide the professional
services described and,
WHEREAS the ENGINEER desires to contract with the OWNER for the purpose of rendering
professional services for the PROJECT.
NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, subject to
the terms and conditions set forth below, on the reverse side, and/or attached hereof, the OWNER and the
ENGINEER do hereby covenant and agree as follows:
PART I - SERVICES
The OWNER wishes to engage the ENGINEER for consulting services related to the City of
Maplewood, Minnesota’s solid waste collection system. ENGINEER’s Scope of Services and estimated budget
is attached and marked as “ATTACHMENT A”.
PART II - COMPENSATION
AN INITIAL PAYMENT OF Zero Dollars ($0) shall be made upon execution of this Agreement and
credited to the OWNER's account at final payment.
Services will be provided on a time and materials basis, using the attached Foth Infrastructure &
Environment, LLC 2011 Standard Labor Rate Schedule. Total compensation is not to exceed $40,000.00.
Payments are due and payable thirty (30) days from the date of the ENGINEER's invoice. Amounts
unpaid thirty (30) days after the invoice date shall bear interest at the rate of one percent (1%) per month from
invoice date.
PART III - TIMETABLE
Services will commence immediately upon execution of this Agreement.
PART IV - SPECIAL CONDITIONS
Subject to the attached Standard Conditions of Agreement (Form RSK001, Rev. 10/97).
K:\Contracts\Client ID\Maplewood, MN (City of)\C-City of Maplewood, MN REVISED Core Agreement 4-19-11.doc 1
Form RSK001, Rev. 10/97
STANDARD CONDITIONS OF AGREEMENT
SECTION 1 DESCRIPTION OF SERVICESENGINEER'S authority to act under the Contract a.A complete survey of the PROJECT site require additional work to be performed by
Documents or under this Agreement nor any decision which shall include but not be limited to easements, ENGINEER, ENGINEER shall be entitled to
1.1General made by ENGINEER in good faith either to exercise right-of-way, encroachments, zoning and deed additional compensation at the prevailing "Per Diem
or not exercise such authority shall give rise to any restrictions, existing buildings and improvements. Rates" or as otherwise agreed to between OWNER
1.1.1 ENGINEER agrees to provide duty or responsibility of ENGINEER to the above, or b.Soils data, laboratory tests, reports and and ENGINEER.
professional services for the PROJECT as more any of their agents or employees or any other person inspections of samples, materials or other items, with 3.1.3 This Agreement may be
terminated by
completely described in this Agreement and in performing any services for the OWNER. appropriate professional interpretations. either party if the other party fails to fulfill its
Addenda to this Agreement. 1.2.8 ENGINEER has not been retained or c.Legal, accounting, financial and obligations under this Agreement through no fault of
1.1.2 ENGINEER agrees to provide all compensated to provide design and construction insurance counseling services necessary for the the terminating party. No such termination may be
professional services within a reasonable period of review services relating to safety precautions or to PROJECT including legal review of the Construction effected unless the other
party is given not less than
time following the date of authorization to proceed by means, methods, techniques, sequences, or Contract Documents. ten calendar days written notice of intent to terminate
OWNER. If a special time schedule must be met for a procedures, all as may be required for any person or d.Permits and approvals from any and an opportunity for correcting the default
and for
PROJECT, it shall be specifically set forth by entity other than the ENGINEER to perform their authorities having jurisdiction over the PROJECT. consultation with the terminating party
before
Addenda to this Agreement. work, including but not limited to shoring, 1.3.2 Designate a person authorized to act as termination. In addition, OWNER may terminate this
scaffolding, underpinning, temporary retainment of OWNER's representative. OWNER or his Agreement, in whole or in part, for cause (such as for
1.2Pertaining To The ENGINEER'S Services excavations and any erection methods or temporary representative shall receive and examine documents legal or financial reasons, or major changes
in the
bracing methods. submitted by ENGINEER and shall be empowered to work or program requirements), and ENGINEER is
1.2.1 ENGINEER agrees to perform all 1.2.9 ENGINEER in no way undertakes to be interpret and define OWNER's policies and render given not less than ten (10) calendar days written
services in a thorough and professional manner and to responsible for any personal injury or property decisions and authorizations in writing promptly to notice and an opportunity for
consultation before
hold OWNER harmless from any liens for materials damage occurring to any person or entity arising out prevent unreasonable delay in the progress of termination. If OWNER terminates
as a result of
and labor furnished by ENGINEER in connection with of the construction or subsequent operation of this ENGINEER's services. ENGINEER'S default, any payment due ENGINEER
his work. PROJECT by an person or entity unless same shall be 1.3.3 Guarantee full and free access for at the time of termination may be adjusted to the
1.2.2 ENGINEER agrees to maintain found to be the result of a design error. In spite of this ENGINEER to enter upon all property required for the extent of any additional cost the OWNER
incurs due
insurance for public liability, property damage, if any claims shall be brought against ENGINEER of performance of ENGINEER's services under this to ENGINEER'S default. If ENGINEER
terminates as
workmans compensation, and errors and omissions for that nature, OWNER agrees to defend, indemnify and Agreement. a result of OWNER default or the OWNER terminates
services performed by ENGINEER on PROJECT. hold harmless ENGINEER from all claims, damages 1.3.4 Give prompt written notice to for cause, ENGINEER shall be paid for services
The foregoing insurance shall cover ENGINEER only. and expenses including attorneys fees arising out of ENGINEER whenever OWNER observes or performed to the termination date including
1.2.3 ENGINEER intends to render its such claim, which claim, damages and expenses are otherwise becomes aware of any defect in the reimbursable expenses due plus termination expenses.
services under this Agreement in accordance with the result or attributable to the acts or omissions in PROJECT or other event which may substantially Termination expenses are defined
as expenses directly
generally accepted professional practices for the whole or in part of any person or entity other than affect ENGINEER's performance of services under attributable to termination, plus
15% of the total
intended use of the PROJECT and makes no warranty ENGINEER. this Agreement. compensation anticipated for the project to account for
either express or implied. 1.2.10 Original documents, notes, and the like, engineering rescheduling, adjustment, reassignment of
1.2.4 ENGINEER reserves the right to enter except those furnished to ENGINEER by OWNER, SECTION 2COMPENSATION FOR SERVICESpersonnel, and related indirect costs incurred due to
into agreements with other design professionals for represent the ENGINEER'S cumulative knowledge termination. Upon receipt of the terminating action,
portions of the work included under this Agreement. and are, and shall remain, the property of ENGINEER 2.1 General ENGINEER shall promptly discontinue all services
Where this subagreement would represent a major and shall not constitute the work product of this unless the notice directs otherwise, and upon receipt of
portion of the design work, ENGINEER shall receive Agreement. 2.1.1 OWNER shall compensate ENGINEER final compensation make available to OWNER all
approval of OWNER for this subagreement. 1.2.11 It is hereby acknowledged that the for services rendered under this Agreement. The appropriate documents prepared under the Agreement
1.2.5 All documents including, but not ENGINEER has procured a professional liability method of compensation for said services shall be as whether completed or in process.
limited to, drawings, specifications, electronic media, insurance policy to protect it from certain claims, as set forth in Addenda to this Agreement. 3.1.4 All claims, counter-claims,
disputes and
or other media furnished by ENGINEER pursuant to more fully described therein. 2.1.2 Payments for Services are due when other matters in question between the parties hereto
this Agreement, are the instruments of their services OWNER shall indemnify ENGINEER against invoiced based on actual engineering services arising out of this Agreement shall be decided
by
with respect to the PROJECT. The ENGINEER and hold ENGINEER harmless from all claims, furnished unless another schedule of payments is arbitration in accordance with the Construction
grants to the OWNER a nonexclusive license for damages and expenses, including attorney's fees agreed upon, by Addenda. Industry Arbitration Rules of the American
OWNER'S use of the documents on the PROJECT. arising out of or resulting from any claim not covered 2.1.3 Where OWNER disputes some portion Arbitration Association subject to the condition
that
They are not intended or represented to be suitable for by ENGINEER's professional liability insurance of the charges contained in ENGINEER'S bill for the amount sought by the party
initiating arbitration
reuse by OWNER or others on extensions of the policy, including such claims, damages and expenses services, he shall make payment of that portion of the shall be less than $25,000.
The mechanics of
PROJECT or on any other project. Any reuse without which arise out of the acts or omissions of bill which is undisputed and shall notify ENGINEER initiating arbitration, picking arbitrators
and setting up
the specific written verification or adaptation by ENGINEER. in writing of the reason for his dispute. In no case the hearing shall be conducted in accordance with the
ENGINEER will be at OWNER'S sole risk and OWNER shall also indemnify ENGINEER may OWNER elect to withhold payment to rules of the American Arbitration Association.
without liability or legal exposure to ENGINEER for against and hold ENGINEER harmless from all ENGINEER of the entire amount due. This would This arbitration provision shall not be
applicable
any claims, damages, losses and expenses, including claims, damages and expenses, including attorney's constitute a failure to make payment. to claims where the presence of a party,
who is not
attorneys fees, arising out of or resulting therefrom. fees which are beyond the liability limits of 2.1.4 If OWNER fails to make any payment subject to this Agreement, would be necessary
to a full
Any such verification, adaptation or reuse will entitle ENGINEER's professional liability insurance policy, due ENGINEER for services and expenses after and complete determination of
the controversy, and in
ENGINEER to further compensation to be agreed on including such claims, damages and expenses which receipt of ENGINEER'S bill therefore, the amounts this respect, reference shall be
made to the provisions
by OWNER and ENGINEER. arise out of the act or omissions of ENGINEER. due ENGINEER shall bear interest from invoice date of Section 803.03 of the Wisconsin Statutes and the
1.2.6 When electronic data is to be furnished Notwithstanding the above, ENGINEER and at the rate set forth in this agreement, or in the absence cases decided thereunder.
as a part of this agreement and/or addendum, OWNER hereby acknowledge that ENGINEER's thereof at the legal rate prevailing from time to time at No demand for arbitration shall be valid
if made
ENGINEER will not be held liable for the professional liability insurance policy does not, nor the principal place of business of the ENGINEER. In after the institution of civil suit
or after the matter in
completeness or correctness of the electronic media does any other insurance policy reasonably obtainable addition ENGINEER may, after giving ten (10) days question would be barred by
the applicable Statute of
after an acceptance period of 30 days from delivery by ENGINEER, protect ENGINEER from any claims, written notice to OWNER, suspend services under this Limitations.
date. Hard copies of documents control over any damages and expenses, including attorney's fees, agreement until paid in full all amounts due under this 3.1.5 The parties to this agreement,
each
variances between electronic media and hard copy. arising out of or resulting from the ENGINEER's acts agreement. In the event OWNER does not pay, or acknowledging that he has a constitutional
and
During the 30 day Acceptance Period, any errors or omissions relating to the investigation, deduction, does not pay timely, ENGINEER shall be entitled to statutory right to trial by
jury, hereby waive this right
detected or problems with the media used, will be abatement, materials or processes containing asbestos. collect from OWNER all amounts due plus expenses, in any action or proceeding
of any kind or nature in
corrected by the ENGINEER as part of the basic Accordingly, OWNER agrees not to bring any claim including but not limited to attorney fees, incurred by any court to which they may both
be parties arising
agreement. Any changes requested after the whatsoever against ENGINEER, its principals, the ENGINEER in connection with collection efforts, out of this Agreement or the transaction
associated
Acceptance Period or a request for additional restored employees, agents and consultants if such work in any in addition, the reasonable value of ENGINEER'S with this Agreement regardless
of the nature of the
electronic files from archives will be considered way involves the ENGINEER's services for the time spent in connection with collection efforts, causes of action alleged.
additional services to be performed on a time and investigation of or remedial work related to asbestos computed at the ENGINEER'S prevailing fee 3.1.6 Unless otherwise specified within
this
materials basis at the ENGINEER’s standard cost plus in the PROJECT. OWNER shall indemnify schedule.Agreement, this Agreement shall be governed by the
terms and conditions. ENGINEER against and hold ENGINEER harmless law of the State of Minnesota.
The ENGINEER makes no warranty as to the from all claims, damages and expenses, including SECTION 3GENERAL PROVISIONS3.1.7 In the event any provisions of this
compatibility of data files beyond that specified in this attorney's fees, arising out of or resulting from such Agreement or any subsequent Addendum shall be held
Agreement.acts or omissions. 3.1General to be invalid and unenforceable, the remaining
The ENGINEER will take reasonable provisions shall be valid and binding upon the parties.
precautions to prevent the transmission of any virus, 1.3Pertaining To The Owner 3.1.1 This Agreement is the result of final One or more waivers by either party of any provision,
or other contamination with the exchange of electronic negotiations between OWNER and ENGINEER and term, condition or covenant shall not be construed by
media, but the ENGINEER makes no assurances that 1.3.1 OWNER shall provide at OWNER's represents the entire and integrated agreement between the other party as a waiver of a subsequent
breach of
those precautions are adequate to assure a expenses (unless ENGINEER has specifically OWNER and ENGINEER for the PROJECT and the same by the other party.
contamination free transmission. included them in Addenda to this Agreement) and in supersedes all prior negotiations, representations or
1.2.7 Whenever the OWNER elects to enter such a manner that ENGINEER may rely upon them agreements, either written or oral. This Agreement
into any contract or agreement with any person or in the performance of his services under this may be amended only by written instrument signed by
entity other than ENGINEER for the performance of Agreement, all criteria, design, and construction both OWNER and ENGINEER.
services on the PROJECT, ENGINEER will not be standards including full information as to OWNER's 3.1.2 Neither party shall hold the other
responsible for the acts or omissions of said persons or requirements for the PROJECT, including all responsible for damages or delay in performance by
entity at the site or otherwise performing such document specifications. Such information may acts of God, strikes, lockouts, accidents, or other
services. This includes those parties for whom the include but not be limited to: events beyond the reasonable control of the other or
ENGINEER is providing coordination. Neither the the other's agents. However, when these delays
K:\Contracts\Client ID\Maplewood, MN (City of)\C-City of Maplewood, MN REVISED Core Agreement 4-19-11.doc 3
Form RSK001, Rev. 10/97
Foth Infrastructure & Environment, LLC
2011 Standard Labor Rate Schedule
Classification Hourly Rate
Director/Principal $150.00 -$220.00
Senior Project Manager $135.00 - $200.00
Senior Consultant $135.00 - $180.00
Project Manager $110.00 - $160.00
Lead Engineer $115.00 - $170.00
Project Engineer $95.00 - $130.00
Engineer $85.00 -$110.00
Lead Scientist $115.00 - $170.00
Project Scientist$85.00 - $115.00
Scientist $70.00 -$95.00
Project Designer/Technician $80.00 - $110.00
Technician/CADD $60.00 -$95.00
GIS Specialist $100.00 $145.00
Lead Admin. Assist./Work Plan Coordinator $65.00 - $85.00
Administrative Assistant $55.00 - $75.00
Clerical $50.00 -$70.00
The cost of specific technical equipment and employee travel expenses needed on
projects is in addition to the above hourly rates. If requested, Foth shall procure and
coordinate the services of independent laboratories, subconsultants, drilling contractor,
etc. The cost of the independent services shall be passed on directly to the owner with
a surcharge of 15 percent to cover the processing of expenses.
THIS PAGE IS INTENTIONALLY LEFT BLANK
Item J1
AGENDA REPORT
TO:
Jim Antonen, City Manager
FROM:
Karen Guilfoile, Director Citizen Services
RE:
Consideration of Penalties for Alcohol and Tobacco Compliance Failures
DATE:
April 25, 2011
Introduction
During the final 2010 compliance checks, the attached businesses failed the compliance check by
selling tobaccoor alcoholto an underage buyer and wereissued a criminal complaint for that offense
which has been prosecuted.
Background
When the city council began performing tobacco and alcohol compliance checks in 2000, they opted
not to have a strict guideline for penalties because some compliance failures are more egregious and
warrant stricter penalties.
While the city does not have specified fines for cigarette and tobacco compliance failures, past
practice has been to adhere to the following guidelines for imposing penalties for tobacco: first
offense $250, second offense $500 and the third offense $750. For a third violation at the same
location within 24 months after the initial violation, the licensee's authority to sell tobacco at that
location must be suspended for not less than seven days per Minn. Stat. § 461.12, subd. 2.
For alcohol compliance failures, past practice has been to follow State guidelines of imposing a
penalty of $500 for the first offense, $1,000 for the second offense, $2,000 if there is a third offense
and then revocation or possible suspension of the license.
In January of 2005 the city council implemented an incentive program that includes a one-time 5%
discount on the annual intoxicating liquor license fee after remaining violation free for five consecutive
years. If after receiving a penalty and remaining violation free for five consecutive years the violation
would be removed from their compliance failure record.
Attached is a statistical history of compliance failures for those establishments that have failed
tobacco and alcohol compliance checks that have yet to come before council for an administrative
penalty. Following past practice in imposing fines, I have listed what staff is proposing for fines for the
current failures.
All establishments have been notified of the proposed civil penalty against them and were encouraged
to attend the April 25, 2011council meeting.
Consideration
Council consideration for penalties is requested.
BUSINESS NAME - OWNER - ADDRESS - CHANGE OF MANAGER OR OWNER DATE
COMPLIANCECOMPLIANCE
FAILUREDATESTATUSCOURT DATESTAFF RECOMMENDATIONCOUNCIL ACTION
A1 LIQUOR - 19 CENTURY AVE SO
TOBACCO12/21/2010PENDING - COUNCIL ACTION02/07/2011PROPOSED $500 FINE
TOBACCO07/13/2010COMPLETED09/13/2010PROPOSED $250 FINE01/24/2010 - APPROVED $250 FINE
BAMBU ASIAN CUISINE - 1715 BEAM AVE
ALCOHOL12/10/2010PENDING - COUNCIL ACTION02/14/2011PROPOSED $1000 FINE
ALCOHOL11/29/2008COMPLETED02/23/2009PROPOSED $500 FINE03/09/2009 - APPROVED $250 FINE
DOWNTOWN LAV 52 KM - 3030 SOUTHLAWN DRIVE
ALCOHOL12/10/2010PENDING - COUNCIL ACTION02/14/2011PROPOSED $500 FINE
HILLSIDE WINE & SPIRITS - 1690 MCKNIGHT
ALCOHOL12/10/2010PENDING - COUNCIL ACTION02/14/2011PROPOSED $500 FINE
HOLIDAY - 2729 STILLWATER ROAD
TOBACCO12/21/2010PENDING - COUNCIL ACTION01/24/2011PROPOSED $250 FINE
SARRACK'S INT'L WINE & SPIRITS - 2305 STILLWATER
ALCOHOL12/10/2010PENDING - COUNCIL ACTION02/14/2011PROPOSED $2,000 FINE
ALCOHOL11/13/2009COMPLETED01/25/2010PROPOSED $1,000 FINE03/22/2010 - APPROVED $1,000 FINE
ALCOHOL10/10/2006COMPLETED12/28/2006PROPOSED $500 FINE10/27/2008 - APPROVED $500 FINE
THE PONDS AT BATTLE CREEK GOLF COURSE - 601 CENTURY AVE S
ALCOHOL05/20/2010PENDING - COUNCIL ACTION01/10/2011PROPOSED $500 FINE
DATE PRINTED: 4/21/2011PAGE 1 OF 1