HomeMy WebLinkAbout2008 08-25 City Council Meeting
AGENDA
MAPLEWOOD CITY COUNCIL
6:30 P.M. Monday August 25, 2008
City Hall, Council Chambers
Meeting No. 22-08
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. When you address the council, please state
your name and address clearly for the record. All comments/questions shall be posed to the
Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to
comments.
D. APPROVAL OF AGENDA
E. APPROVAL OF MINUTES
1. Approval of August 4, 2008, Workshop Minutes
2. Approval of August 4, 2008, Joint City Council and Parks Commission Meeting Minutes
3. Approval of August 11, 2008, City Council Meeting Minutes
F. VISITOR PRESENTATIONS ? PART I
(Note: Visitor Presentations shall not extend past 7:00 p.m.; if time is not available to complete
this item; all presenters will be instructed to remain at the meeting until this item is re-opened
following Award of Bids, or return to the next Regular Meeting of the Council.)
G. ADMINISTRATIVE PRESENTATIONS
(Note: Items G-H shall not extend past 7:00 p.m.; if time is not available to complete these
items, they shall be extended by Council motion to the end of the meeting following Visitor
Presentation ? Part II.)
H. COUNCIL PRESENTATIONS
I. APPOINTMENTS AND PRESENTATIONS
1. Proclamation: The International Day of Peace, September 21, 2008
2. Public Works 2007 Overview/Accomplishments? (No Report)
J. PUBLIC HEARINGS
1. 7:00 p.m. Gethsemane Senior Housing Tax Increment Financing (TIF) Request and
Park Purchase Agreement
a. Approval of TIF Plan for Tax Increment Financing (Housing) District No. 1-9
Within Development District No. 1 (Gethsemane Senior Housing Project)
b. Directing the Preparation of the TIF Development Agreement for the
Gethsemane Senior Housing Project
c. Authorize Preparation of the Purchase Agreement for the Gethsemane Park
Land
K. UNFINISHED BUSINESS
1. Acceptance of Comprehensive Annual Financial Report, Presentation from Auditor and
Presentation from Staff
2. Consider Adoption of 2009-2013 Capital Improvements Plan
L. NEW BUSINESS
1. On-Sale Intoxicating Liquor License ? David Rodger Rewey, New License/Manager,
Dean?s Tavern
2. Carsgrove Meadows Area Improvements, City Project 08-10, Resolution Ordering
Preparation of Feasibility Study
3. County Road C Area Street Improvements, City Project 08-11, Resolution Ordering
Preparation of Feasibility Study
4. Castle Avenue Improvements, City Project 08-12, Resolution Ordering Preparation of
Feasibility Study
5. White Bear Avenue Improvements (Radatz to County Road D), City Project 08-13,
Resolution Ordering Preparation of Feasibility Study
6. Direction on Destruction of City Records
7. Request a Council Recommendation on Zebra Mussel and Other Invasive Species
Management Report by St. Paul Regional Water Services
8. Approval of Claims
M. CONSENT AGENDA
1. Lawful Gambling License ? White Bear Lake Basketball Association
2. Temporary Gambling Permit and Fee Waiver ? Church of St. Jerome?s
3. Brad Camitsch ? Ramsey County Sheriff?s ? Fright Farm on Ramsey County
Fairgrounds ? Approval of Temporary Permit
4. Hazelwood Street Improvements, City Project 07-25, Approval of MN/DOT Limited Use
Permit for Trail
5. TH 61/Frost Avenue Improvements, City Project 07-30, Approval of Trail Agreement with
Ramsey County Parks and Recreation
6. Joy Park Phase I Improvements, Resolution Approving Plans and Specifications and
Advertising for Bids
O. AWARD OF BIDS
1. Maplewood Nature Center Sustainable Landscape Project, Resolution Approving Award of
Bid
P. VISITOR PRESENTATION ? PART II
(NOTE: This is a continuation of VISITOR PRESENTATIONS from earlier in the meeting and is
intended to make time available if the item is not completed by 7:00 p.m. -Not intended for new
visitor presentation items.)
Q. 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.
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Agenda Item E1
MINUTES
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
4:30 p.m., Monday, August 4, 2008
Council Chambers, City Hall
Meeting No. 20-08
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 4:38 p.m. by Councilmember Hjelle.
B. ROLL CALL
Diana Longrie, Mayor Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present at 4:39 p.m.
John Nephew, Councilmember Present
Will Rossbach, Councilmember Present
C. APPROVAL OF AGENDA
Mayor Longrie moved to approve the agenda as submitted.
Seconded by Councilmember Nephew. Ayes ? All
D.UNFINISHED BUSINESS
City Attorney Alan Kantrud introduced the item and then closed the meeting.
This was a closed session meeting pursuant to Minnesota State Statute, Chapter 13 relating to
for the purpose of discussion.
Attorney/Client privilege
1. Palkovich vs. City of Maplewood ? Attorney Julie Fleming-Wolfe
The meeting was reopened for the Consideration of Settlement Language.
Open Meeting
2. Consider Settlement Language
Councilmember Nephew moved to approve the settlement language.
Seconded by Councilmember Rossbach. Ayes ?Councilmember Juenemann,
Nephew and Rossbach
Nays ? Mayor Longrie,
Councilmember Hjelle
The motion passed.
August 4, 2008 1
City Council/Manager Workshop
& Closed Session Minutes
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E. NEW BUSINESS
None.
F. ADJOURNMENT
Mayor Longrie adjourned the meeting at 5:17 p.m.
August 4, 2008 2
City Council/Manager Workshop
& Closed Session Minutes
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Agenda Item E2
MINUTES
MAPLEWOOD CITY COUNCIL
COUNCIL MANAGER WORKSHOP
JOINT SESSION BETWEEN COUNCIL
AND PARKS COMMISSION AND COMPREHENSIVE PLAN DISCUSSION
5:00 p.m., Monday, August 4, 2008
Council Chambers, City Hall
Meeting No. 21-08
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 5:20 p.m. by Mayor Longrie.
B. ROLL CALL
Diana Longrie, Mayor Present
Absent
Erik Hjelle, Councilmember
Kathleen Juenemann, Councilmember Present until 7:00 p.m.
John Nephew, Councilmember Present
Will Rossbach, Councilmember Present
C. APPROVAL OF AGENDA
Mayor Longrie moved to approve the agenda as submitted.
Seconded by Councilmember Rossbach. Ayes ? All
D. NEW BUSINESS
1. Joint Session with Parks Commission (5:00 ? 6:30 p.m.)
a. Jennifer Haskamp, Consultant, McCombs, Frank Roos and Associates (MSFRA)
addressed the council and gave a presentation to the council and parks
commission.
b. Rose Lorsung, Senior Planner, McCombs, Frank Roos and Associates (MSFRA)
nd answered questions of the council.
addressed a
2. Comprehensive Plan Discussion (6:30 p.m. ? 8:00 p.m.)
a. Jennifer Haskamp, Consultant, McCombs, Frank Roos and Associates (MSFRA)
addressed the council and gave a presentation.
b. Brandon Bourdon P.E., Kimley-Horn and Associates, Inc. addressed the council
and gave a presentation.
c. Jon Horn, Kimley-Horn and Associates, Inc. addressed the council and gave a
presentation.
d.Rose Lorsung, Senior Planner, McCombs, Frank Roos and Associates (MSFRA)
addressed the council and gave a presentation.
E. ADJOURNMENT
Mayor Longrie adjourned the meeting at 8:00 p.m.
August 4, 2008 1
City Council/Manager Workshop
JOINT SESSION BETWEEN
COUNCIL AND PARKS COMMISSION
AND COMPREHENSIVE PLAN DISCUSSION
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MINUTES
MAPLEWOOD CITY COUNCIL
6:30 p.m., Monday, August 11, 2008
Council Chambers, City Hall
Meeting No. 21-08
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 6:35 p.m. by Mayor Longrie.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Diana Longrie, Mayor Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
John Nephew, Councilmember Present
Will Rossbach, Councilmember Present
D. APPROVAL OF AGENDA
Councilmember Rossbach moved to approve the agenda as submitted.
Mayor Longrie seconded. Ayes - All
Councilmember Juenemann made a friendly amendment to add 1)Follow-up to National Night
Out and 2) Ramsey County Dispatch update under Council Presentations.
Councilmember Rossbach and Mayor Longrie accepted the friendly amendment to add the two
item
s under Council Presentations.
The motion passed.
E. APPROVAL OF MINUTES
Approval of the July 28, 2008, City Council Workshop Minutes
Councilmember Rossbach said he thought when the Closed Session ended that the council took
a vote but that was not reflected in the minutes. (The Recording Secretary added that information
to the minutes.)
Councilmember Juenemann moved to approve the July 28, 2008, City Council Workshop Minutes
as amended.
Seconded by Councilmember Nephew. Ayes ? All
The motion passed.
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Approval of the July 28, 2008, City Council Meeting Minutes
Councilmember Nephew said on page 3, item F. 1., a. Mr. Schelling was asking at what point not
atone point. Under item F. 1. c. there should be a period, not a question mark.
Councilmember Nephew moved to approve the July 28, 2008, City Council Minutes as amended.
Seconded by Mayor Longrie. Ayes ? All
The motion passed.
F. VISITOR PRESENTATIONS ? PART I
1.Anne Fosburg, 2516 Idaho Avenue East, Maplewood. Ms. Fosburg asked if the city could
legally close Sterling Street without a public hearing?
City Attorney, Alan Kantrud and Mayor Longrie responded to Ms. Fosburg?s question.
Mr. Schelling discussed the cost of
2.Dave Schelling, 1955 Greenbrier Street, Maplewood.
running a city. Mr. Schelling also discussed other matters he brought up at the July 28,
2008, city council meeting. Mr. Schelling stated he would like the City of Maplewood to
print the salaries of the department heads in the City News as was done a couple years
ago. He also commented on the condition of Roselawn Avenue (a street that was given to
the City of Maplewood by Ramsey County) because the road is in disrepair and he asked
what was going to be done about it. Mr. Schelling asked how much more debt the city can
take on and what impact this will have on the residents.
Mayor Longrie asked Mr. Ahl to send Mr. Schelling information regarding how much
additional debt the City of Maplewood can withstand and the impact that amount of debt
will have on the residents and the city. Mr. Ahl agreed to do so.
3.John Wykoff, 2345 Maryland Avenue, Maplewood. Mr. Wykoff shared his opinions
regarding the following: the disfunctionality of the City of Maplewood, the Annual Financial
Report, having Greg Copeland?s name cleared and allowing him to be rehired at the city
and his concern that the owners of Wipers Recycling were beaten up.
4.Ron Cockriel, 943 Century Avenue, Maplewood. Mr. Cockriel discussed the Friends of
Maplewood Nature Center 2009 Calendar. The cost is $10 and the proceeds will go to the
Nature Center. Mr. Cockriel also stated there will be a photo contest for the 2010
calendar. A donation of preserves was also given to each of the councilmembers.
5.Carolyn Peterson, 1801 Gervais Avenue, Maplewood. Ms. Peterson is from the
Maplewood Historical Society. Ms. Peterson invited everyone to attend Johnny Appleseed
Day at the Bruentrup Heritage Farm, 2170 County Road D East in Maplewood on August
16, 2008, from 11:00 a.m. ? 3:00 p.m. there is a donation of $2.
6.Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick gave his opinion regarding the
disfunction of the City of Maplewood and shared opinions about other matters that he has
repeated at previous council meetings.
G. ADMINISTRATIVE PRESENTATIONS
None.
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H. COUNCIL PRESENTATIONS (moved to the end of the council meeting)
1.
Follow Up on National Night Out ? (added by Councilmember Juenemann)
2. Dispatch Policy Update ? (added by Councilmember Juenemann)
I. APPOINTMENTS AND PRESENTATIONS
1. IT Highlight Presentation
? (No Report)
a. IT Director, Mychal Fowlds gave a power point presentation regarding the IT
Department for 2007-2008.
2. Citizen Services Presentation
? (No Report)
a. City Clerk, Director of Citizen Services, Karen Guilfoile gave a power point
presentation regarding divisions within Citizen Services for 2007-2008.
J. PUBLIC HEARINGS
1. Linwood Avenue Water and Sanitary Sewer Extension Under City Project 07-14
a. Assessment Hearing 7:00 p.m.
b. Resolution for Adoption of Assessment Roll (3 parcels)
c. City Engineer, Michael Thompson gave the report.
Mayor Longrie opened the public hearing.
There were no speakers to come forward.
Councilmember Nephew moved to approve the Resolution for the Adoption of the Assessment
Roll for the Linwood Avenue Water and Sanitary Sewer Extension Under City Project 07-14.
RESOLUTION 08-08-115
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on July 14, 2008, calling
for a Public Hearing, the assessment roll for the Linwood Avenue Sewer/Water Extension under
Ferndale-Geranium Area Street Improvements, City Project 07-14, was presented in a Public
Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
And, WHEREAS, the following property owners have filed objections to their assessments
according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
None as of August 5, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. That the City Engineer and City Clerk are hereby instructed to review the objections received
and report to the City Council at the regular meeting on August 25, 2008, as to their
recommendations for adjustments.
2. The assessment roll for the Linwood Avenue Sewer/Water Extension under Ferndale-
Geranium Area Street Improvements as amended, without those property owners?
assessments that have filed objections, a copy of which is attached hereto and made a part
hereof in the form of signed assessment objection waivers for the three subject parcels, is
hereby adopted. Said assessment roll shall constitute the special assessment against the
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lands named therein, and each tract of land therein included is hereby found to be benefited
by the proposed improvement in the amount of the assessment levied against it.
3. Such assessments shall be payable in equal annual installments extending over a period of
15 years, the first installments to be payable on or before the first Monday in January 2009
and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this
assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31, 2008. To each subsequent
installment when due shall be added interest for one year on all unpaid installments.
4. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than October 1, 2008, pay the whole of the
assessment on such property, with interest accrued to the date of the payment, to the city
clerk, except that no interest shall be charged if the entire assessment is paid within 30 days
from the adoption of this resolution; and they may, at any time after October 1, 2008, pay to
the county auditor the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made. Such payment must be
made before November 15 or interest will be charged through December 31 of the next
succeeding year.
5. The city engineer and city clerk shall forthwith after October 1, 2008, but no later than
November 15, 2008, transmit a certified duplicate of this assessment to the county auditor to
be extended on the property tax lists of the county. Such assessments shall be collected and
paid over the same manner as other municipal taxes.
th
Adopted by the council on this 11 day of August 2008.
Seconded by Councilmember Juenemann. Ayes ? All
The motion passed.
2. Dynamic Display Sign Ordinance (Second Reading)
a. Environmental Planner, Shann Finwall addressed the council, gave the report and
answered questions of the council.
b. City Attorney, Alan Kantrud answered questions of the council.
c. Acting City Manager, Chuck Ahl answered questions of the council.
Mayor Longrie opened the public hearing.
1.Chad Kulas, Saint Paul Area Chamber of Commerce, 401 Robert Street North, St. Paul.
2.Jeff Kehr, General Manager, The Myth Nightclub, 3090 Southlawn Avenue, Maplewood.
3.Ron Cockriel, 943 Century Avenue, Maplewood.
Mayor Longrie closed the public hearing.
Councilmember Nephew moved to approve the (Second Reading) of the Dynamic Display Sign
Ordinance and licensing ordinance amendment. This code amendment modifies and adds
language to the city?s sign and licensing code for dynamic display signs including modifications to
the prohibited signs (Section 44-737), temporary signs (Section 44-891), and comprehensive sign
plan (Section 44-736); and adds language to the city?s licensing ordinance (Section 14-26).
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ORDINANCE NO. 889
AN ORDINANCE AMENDING THE SIGN AND
LICENSING CODE TO ALLOW DYNAMIC DISPLAY SIGNS
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances:
Section 1.
This amendment revises Section 44-737 (prohibited signs):
Signs that are not specifically permitted in this article are hereby prohibited. The following signs
are specifically prohibited:
(3) Signs that have blinking, flashing or fluttering lights. Signs that give public service
information, such as time and temperature are exempt.
Section 2.
This amendment revises Section 44-807 (temporary signs):
(i)Temporary signs with blinking, flashing, or fluttering lights or with dynamic displays are
prohibited.
Section 3.
This amendment revises Section 44-736 (comprehensive sign plan):
A comprehensive sign plan shall be provided for the following: (1) business premises which
occupy the entire frontage in one or more block fronts or for the whole of a shopping center or
similar development having five or more tenants in the project; (2) dynamic display wall signs; (3)
large campuses consisting of buildings and land of ten or more acres, and (4) shared signs.
Such a plan, which shall include the location, size, height, color, lighting and orientation of all
signs, shall be submitted for preliminary plan approval by the city.; provided that, if such
comprehensive plan is presented, eExceptions to the sign codeschedule regulations of this
article may be permitted for in the sign areas,and densities, and dynamic display changeover
rates for the plan as a whole if the signs are in conformity with the intent of this article,and if such
exceptionsresults in an improved relationship between the various parts of the plan, and
encourages and promotes the removal of nonconforming signs through the use of shared signs.
Comprehensive sign plans shall be reviewed by the community design review board. The
applicant, staff, and city council may appeal the community design review board?s decision. An
staff within 15 days of the community design review board?s
appeal shall be presented to city
decision to be considered by the city council.
Section 4.
Adopt an off-site and on-site dynamic display sign ordinance to be included in the city
sign code (Article III, Section 44-731 through Section 44-1024) as follows:
a. Findings. Studies show that there is a correlation between dynamic displays on signs and
ion of highway drivers. Distraction of drivers can lead to traffic accidents.
the distract
Drivers can be distracted not only by a changing message, but also by knowing that the
sign has a changing message. In such a case, drivers may watch a sign waiting for the
next change to occur. Drivers also are distracted by messages that do not tell the full
story in one look. People have a natural desire to see the end of the story and will
continue to look at the sign in order to wait for the end.
Additionally, drivers could be more distracted by special effects used to change the
message, such as fade-ins and fade-outs. Finally, drivers are generally more distracted by
messages that are too small to be clearly seen or that contain more than a simple
message.
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Due to these public safety concerns, the city should only allow the use of these
technologies with certain restrictions. The restrictions are intended to minimize driver
distraction, to minimize their proliferation in residential districts where signs can adversely
impact residential character, and to protect the public health, safety, and welfare.
Local spacing requirements could interfere with the equal opportunity of sign owners to
chnologies and are not included. Without those requirements, however, there
use such te
is the potential for numerous dynamic displays to exist along any roadway. If more than
one dynamic display can be seen from a given location on a road, the minimum display
time becomes critical. If the display time is too short, a driver could be subjected to a view
that appears to have constant movement. This impact on drivers would be compounded in
a traffic corridor with multiple signs. If dynamic displays become pervasive and there are
no meaningful limitations on each sign?s ability to change frequently, drivers may be
subjected to an unsafe degree of distraction and sensory overload. Therefore, requiring a
limit on display times on dynamic signs is in the public interest.
A constant message is typically needed on an on-site sign so that the public can use it to
identify and find an intended destination. Changing messages detract from this way-
finding purpose and could adversely affect driving conduct through last-second lane
changes, stops, or turns, all of which could result in traffic accidents.
In conclusion, the City of Maplewood finds that dynamic displays should be allowed on off
and on-site signs but with significant controls to minimize their proliferation and their
potential threats to public health, safety, and welfare.
b. Dynamic display sign means any sign designed for outdoor use that is capable of
video signal, including, but not limited to, cathode-ray tubes (CRT), light-
displaying a
emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other
technologies used in commercially available televisions or computer monitors. Signs with
this technology which are placed by a public agency for the purpose of directing or
regulating pedestrian or vehicle movement are exempt from this ordinance.
c. Noncommercial dynamic display signs are allowed wherever commercial dynamic display
signs are permitted and are subject to the same standards and total maximum allowances
per site or building of each sign type specified in this chapter.
d. Standards for all dynamic display signs:
(1) The images and messages displayed on the sign must be complete in themselves,
without continuation in content to the next image or message or to any other sign;
(2) Every line of copy and graphics in a dynamic display must be at least seven inches
in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a
road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a
speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit
of 55 miles per hour or more.
(3) Dynamic display signs must be designed and equipped to freeze the device in one
position if a malfunction occurs. The displays must also be equipped with a means
to discontinue the display if it malfunctions, and the sign owner must stop the
dynamic display within one hour of being notified by the city that it is not meeting
the standards of this ordinance.
(4) Dynamic display signs must meet the brightness standards contained in
subdivision (h) below
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e. On-site dynamic display signs are allowed subject to Article III (Sign Regulations) of the
city?s zoning code, the above-mentioned standards for all dynamic display signs, and the
following additional conditions:
(1) Located in the Business Commercial (BC) or Heavy or Light Industrial (M-2 and M-
nly.
1) zoning districts o
(2) The images and messages displayed on the on-site dynamic display sign must be
ach display must be maintained for a minimum of two minutes; and the
static and e
transition from one static display to another must be instantaneous without any
special effects.
(3) Are allowed as part of a permanent freestanding sign, provided that the sign
comprises no more than 50 percent of the total square footage of said sign face.
(4) Must be located at least 200 feet from any property which there exists structures
used for residential purposes or from any park or open space land use district.
(5) Must be located at least 100 feet from any side property line.
(6) Display and advertisement of products, events, persons, institutions, activities,
businesses, services, or subjects which are located on the premises only or which
give public service information.
f. Off-site dynamic display signs are allowed subject to Sections 44-836 ? 44-841
(Billboards)of the city?s zoning code, the above-mentioned standards for all dynamic
display signs, and the following additional condition:
The images and messages displayed on the sign must be static and each display
must be maintained for a minimum of 15 seconds and the transition from one static
display to another must be instantaneous without any special effects.
g. Incentive. Off-site signs do not need to serve the same way-finding function as do on-site
signs and they are distracting and their removal serves the public health, safety, and
welfare. This clause is intended to provide an incentive option for the voluntary and
uncompensated removal of off-site signs in certain settings. This sign removal results in
an overall advancement of one or more of the goals set forth in this section that should
more than offset any additional burden caused by the incentive. These provisions are also
based on the recognition that the incentive creates an opportunity to consolidate outdoor
advertising services that would otherwise remain distributed throughout Maplewood.
Reduction of Sign Surfaces
(1) A person or sign operator may obtain a permit for a dynamic display sign on one
surface of an existing off-site sign if the following requirements are met:
(a) The applicant agrees in writing to reduce its off-site sign surfaces by one by
permanently removing, within 15 days after issuance of the permit, one
surface of an off-site sign in the city that is owned or leased by the
applicant, which sign surface must satisfy the criteria of part (2) of this
subsection. This removal must include the complete removal of the
structure and foundation supporting each removed sign surface. The
applicant must agree that the city may remove the sign surface if the
applicant does not do so, and the application must identify the sign surface
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to be removed and be accompanied by a cash deposit or letter of credit
acceptable to the city attorney sufficient to pay the city?s costs for that
removal. The applicant must also agree that it is removing the sign surface
voluntarily and that it has no right to compensation for the removed sign
surface under any law. Replacement of an existing sign surface of an off-
site sign with a dynamic display sign does not constitute a removal of a
sign surface.
(b) If the removed sign surface is one that a state permit is required by state
permit to the state upon removal of
law, the applicant must surrender its
the sign surface. The sign that is the subject of the dynamic display sign
permit cannot begin to operate until the sign owner or operator provides
proof to the city that the state permit has been surrendered.
(2) If the applicant meets the permit requirements noted above, the city shall issue a
dynamic display sign permit for the designated off-site sign. This permit will allow
a dynamic display to occupy 100 percent of the potential copy and graphic area
and to change no more frequently than once every 15 seconds. The designated
sign must meet all other requirements of this ordinance.
h. Brightness Standards.
(1) The following brightness standards are required for all dynamic display signs:
(a) No sign shall be brighter than is necessary for clear and adequate visibility.
(b) No sign shall be of such intensity or brilliance as to impair the vision of a
motor vehicle driver with average eyesight or to otherwise interfere with the
driver?s operation of a motor vehicle.
(c) No sign may be of such intensity or brilliance that it interferes with the
effectiveness of an official trafficsign, device or signal.
(2) The person owning or controlling the sign must adjust the sign to meet the
brightnessstandards in accordance with the city?s instructions. The adjustment
must be made within one hour upon notice of non-compliance from the city.
(3) All dynamic display signs installed after August 20, 2008, must be equipped with a
mechanism that automatically adjusts the brightness in response to ambient
conditions. These signs must also be equipped with a means to immediately turn
off the display or lighting if the sign malfunctions, and the sign owner or operator
must turn off the sign or lighting within one hour after being notified by the city that
it is not meeting the standards of this section.
(4) In addition to the brightness standards required above, dynamic display signs shall
meet the city?s outdoor lighting requirements (section 44-20(1)).
i. Public Safety. If city staff determines that a dynamic display sign is not being operated
pursuant to this ordinancedue to its location or display capabilities, city staff can require
that the sign be moved, removed, or modified after notice to the property owner.
Section 5.
Adopt an off-site and on-site dynamic display sign licensing ordinance to be included
in the city licensing code (Article II, Section 14-26 through Section 14-1437) as follows:
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a. Purpose and Findings. The purpose and intent of this chapter is to establish rules,
regulations and standards for dynamic display signs within the City of Maplewood.
b. Definitions. The following words and terms, when used in this chapter, shall have the
following meanings unless the context clearly indicates otherwise:
Dynamic display sign means any sign designed for outdoor use that is capable of
displaying a video signal, including, but not limited to, cathode-ray tubes (CRT), light-
emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other
technologies used in commercially available televisions or computer monitors. Signs with
this technology which are placed by a public agency for the purpose of directing or
regulating pedestrian or vehicle movement used are exempt from this ordinance.
*State law references ? The 1965 Highway Beautification Act and corresponding state
laws are in place to provide for effective control of outdoor advertisement. Roadside
billboards fall under this category. It is the intent that the cities regulations adhere to these
overriding federal and state statutes.
c. License Required. No person shall operate an off-site or on-site dynamic display sign in
the city without first obtaining a license. Licenses are required to be reviewed annually.
d. License Fee and Term of License. Licenses issued pursuant to this chapter are
transferablefrom one owner to another. The amount to be paid for a license required by
this chapter shall be equal to the cost of the dynamic display sign permit, established and
fixed by the city council, by resolution, from time to time.
e. Application for Issuance of License. Applications for a license required by this chapter
shall be made to the city on a form supplied by the city, a minimum of thirty (30) days prior
to the desired start date. The applicant shall state the full name and address of the
applicant; the full business name and address of the applicant; contact phone numbers;
the location/legal description of the premises where said dynamic billboard will be located;
a letter describing operation; a site plan showing location of the dynamic display sign, and
such other information as required by the applicant form.
f. Application Process. The completed application shall be presented to the city clerk for
review by the community development department. If the community development
department finds the license meets the dynamic display sign code requirements, the city
clerk shall issue a license.
g. Inspection. The premises of any licensee under this chapter shall be open to inspection at
any time during business hours by any authorized officer of the city.
h. Duration; renewal. Any license issued under this chapter shall be for one year only, and
ion for renewal must be presented to the city clerk each year. The city shall
the applicat
have the right not to reissue a license for a dynamic display sign if the sign is found to be
noncompliant with the city?s dynamic display sign code. The licensee has the right to
appeal such license denial to the city council.
Section 6.
This ordinance shall take effect after the city publishes it in the official newspaper.
The City Council approved the first reading of this ordinance on July 28, 2008.
The City Council approved the second reading of this ordinance on August 11, 2008.
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_______________________________
Mayor
Attest:
________________________________
City Clerk
Seconded by Mayor Longrie. Ayes ? Mayor Longrie,
Councilmembers Hjelle,
& Nephew
Nay
? Councilmember Rossbach
Abstain? Councilmember Juenemann
The motion passed
Councilmember Nephew directed staff as the next step in this process, to bring possible language
back to the council for the creation of special districts.
Mr. Ahl said staff would respond to that direction.
Councilmember Nephew moved to approve the Resolution setting a licensing fee for Dynamic
Displays at a rate to match the sign permit fees, currently $160 for freestanding signs and $105
for wall signs.
Dynamic Display Sign Licensing Fee Resolution 08-08-117
WHEREAS, the City of Maplewood has adopted a dynamic display sign ordinance to
regulate the number, location, and use of dynamic display signs within the city.
WHEREAS, a dynamic display sign means any sign designed for outdoor use that is
capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRT), light-
emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other
technologies used in commercially available televisions or computer monitors. Signs with this
technology which are placed by a public agency for the purpose of directing or regulating
pedestrian or vehicle movement are exempt from this definition.
WHERAS, the city has determined that there will be costs associated with additional
monitoring and enforcement of dynamic display signs and as such have included a licensing
requirement and fee for persons who operate an off-site or on-site dynamic display sign in the city
in order to recoup those costs. Licenses are required to be reviewed annually.
WHEREAS, Section 14-27 of the city?s licensing ordinance states that license fees
associated with a license shall be imposed, set, established and fixed by the city council from
time to time.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council sets the yearly
dynamic display licensing fee to match the yearly sign permit fee for freestanding and wall signs,
currently set at $160 for freestanding signs (including billboards) and $105 for wall signs (2008
rates).
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The Maplewood City Council adopted this resolution on August 11, 2008.
Seconded by Councilmember Hjelle. Ayes- All
The motion passed.
There was no further action recommended regarding the recommendation for the community
center sign and all city hall campus signs and the CDRB review for an approved comprehensive
sign plan at this time per the discussion amongst the council, city attorney, and staff.
The Council took a break at 8:50 p.m.
The Council reconvened at 9:00 p.m.
K. UNFINISHED BUSINESS
1. Carver Crossing Development ? Consider Approving Development Contract with
CoPar for Settlement of Litigation and Development Plan.
a.John M. Baker, Attorney, Greene Espel, PLLP, 200 South Sixth Street, Suite 1200,
Minneapolis, addressed the council, gave the report and answered questions. Mr.
Baker provided the council with updated information for the record which occurred
after the council packet was completed.
b.Chuck Ahl, Acting City Manager, answered questions of the council.
c.Alan Kantrud, City Attorney, addressed and answered questions of the council.
d.Howard Roston, Attorney, Greene Espel, PLLP, 200 South Sixth Street, Suite
1200, Minneapolis, addressed and answered questions of the council.
e.George Gonzales, 2359 Heights Avenue, Maplewood, addressed the council. His
concern as a resident was regarding a statement in the packet which was provided
by Mr. Baker on page 8, section 2.5, a., ii. The underwriting fee wording needs to
be clarified.
f.Ron Cockriel, 943 Century Avenue, Maplewood, addressed the council. Mr.
Cockriel commented on the CoPar property and asked if the developer could build
a show home or two on the south side of Fish Creek. Mr. Cockriel also asked
about the potential of a referendum and if the city would be agreeing on a price for
the property south of Fish Creek. Mr. Cockriel also asked about trailways and their
location in the area.
g.Carolyn Peterson, 1801 Gervais Avenue, Maplewood, addressed the council. Ms.
Peterson discussed her concerns regarding the legal questions in the development
agreement.
These are the following changes:
th
1. Page 7, Section 2.2, a., 29 line, after the word City, add (some or).
rd
2. Page 8, first paragraph, 3 line, at the end of the sentence, change the period to a comma
and add Except that the city may extend this period by 3 months upon 90 days notice to
the developer.?
3. Section 2.5, the header, the word Public should be changed to City.
4. Same page, in Section 2.5, a., ii., seven lines down, change Public Improvements to City.
5.In the previous sentence rather than saying the city shall not assess for its underwriting
fees it should say The City may assess for its reasonable underwriting fees.
6. Also change Exhibit H. which will say July 1, 2009 instead of just 2009.
7. They also need to expand the margins of the document.
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Councilmember Rossbach moved to recommend approval of the Development Contract with
CoPar for Settlement of Litigation and Development Plan with noted changes as discussed at the
council meeting between the council and the attorney?s, contingent upon the city council seeing a
final copy of the contract that reflects the changes discussed during the city council meeting.
CITY OF MAPLEWOOD
RAMSEY COUNTY, MINNESOTA
DEVELOPER?S AGREEMENT
FOR CARVER CROSSING DEVELOPMENT
THIS AGREEMENT
, made and entered into this 11th day of August, 2008, by and between the
City of Maplewood, a municipal corporation and political subdivision organized under the laws of the
State of Minnesota (hereinafter referred to as ?City?), and CoPar Development, LLC, a Minnesota limited
liability company (hereinafter referred to as ?Developer?).
WITNESS:
hereto
WHEREAS, the Developer is the fee owner of the Real Property described on Exhibit A
(?Property?);
WHEREAS, the Developer has sought approval from the City and the City has approved the
development of the Property in accordance with the terms of this Agreement, Resolutions 08-05-068, 08-
05-069 and 08-05-070 (collectively, ?Resolutions,? attached hereto as Exhibit I) and the Development
Plans, each of which are incorporated herein by reference;
WHEREAS, the City Council of the City (the ?Council?) has, by the Resolutions passed on May
12, 2008, (1) approved a Conditional Use Permit for a Planned Unit Development of the Property (2)
Directed the Vacation of Existing Easements, (3) Approved a Preliminary Plat and (4) approved
settlement concepts regarding the resolution of certain litigation (Ramsey County Court File No. 62-C5-
06-010746) by and between the Developer and the City;
WHEREAS, the development of the Property by the Developer consists of a project (?Project?)
more particularly described in the Documents and as further described in this Agreement. Generally, the
Project consists of 174 unit single family residential development with conservation easements, 300 foot
protected corridor for Fish Creek and approximately 29.35 acres of open space;
WHEREAS, the City acknowledges that the Developer may develop the Property in phases as
described herein;
WHEREAS, the City acted as the Responsible Governmental Unit (?RGU?) in connection with a
discretionary Environmental Assessment Worksheet and resolution dated July 10, 2006 the City Council
issued a negative declaration on the need for an Environmental Impact Statement;
WHEREAS, the Developer agrees that development of a certain portion of the Property (depicted
) will be delayed under the terms as set forth herein;
onExhibit A
WHEREAS, it is the policy of the City to enter into development contracts as contemplated in
Minnesota Statutes Section 462.358, Subd. 2(a); and
WHEREAS, the Findings attached hereto as Exhibit B are incorporated by reference.
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WHEREAS, the parties hereto desire to set forth their respective rights and obligations of the
parties to this Agreement with respect to development of the Subdivision.
AGREEMENT:
NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions
contained herein, it is agreed by the parties hereto as follows:
I. DEFINITIONS
The following terms, unless elsewhere defined specifically in the Development Contract, shall have
the meanings as set forth below.
1.1 City. ?City? means the City of Maplewood, a Minnesota municipal corporation.
. ?Developer? means CoPar Development, LLC.
1.2 Developer
1.3 Owner. ?Owner? means CoPar Development, LLC.
1.4 Plat. ?Plat? means the plat of Carver Crossing Development comprising the real property
located in the City of Maplewood, County of Ramsey, State of Minnesota, and legally described on the
attached Exhibit A.
1.5 Development Plans. ?Development Plans? means all those plans, drawings, specifications
and surveys identified and checked on the attached Exhibit C, and hereby incorporated by reference and
made a part of this Development Contract and described below:
a. Preliminary Plat.
b. Site Plan.
c. Concept Plan with Referendum Areas.
d. Grading, Erosion Prevention, and Sediment Control Plan.
e. Utility Plan.
f. Storm Water Management Plan.
g. Wetland Mitigation/Rain Garden Plan.
h. Tree Preservation Plan.
i. Open Space Plan.
j. Master Landscape Plan.
k. Landscape Plan - North One-Half.
l. Landscape Plan ? South One-Half.
m. Landscape Plan Planting Schedule and Details.
.
1.6 Development Contract or Agreement ?Development Contract? or ?Agreement? means this
agreement by and between the City and the Developer.
1.7 Council. ?Council? means the Council of the City of Maplewood.
1.8 City Engineer. ?City Engineer? means the City Engineer of the City of Maplewood, as
authorized by the Council.
County. ?County? means Ramsey County, Minnesota.
1.9
1.10 Other Regulatory Agencies. ?Other Regulatory Agencies? means and includes, jointly and
severally, the following:
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(a) Minnesota Department of Transportation;
(b) Ramsey County;
ershed District;
(c) Ramsey-Washington Wat
(d) State of Minnesota;
(e) Minnesota Department of Natural Resources;
(f) Army Corps of Engineers;
(g) Any other regulatory or governmental agency or entity affected by, or having
jurisdiction over the Developer Improvements.
1.11 Utility Companies. ?Utility Companies? means and includes, jointly and severally, the
following:
(a) utility companies, including electric, gas, cable television and
telephone; and
(b) pipeline companies.
?
1.12 Property.Property? means the property described on Exhibit A to this Development
Contract.
1.13 Developer Improvements. "Developer Improvements? means and includes, jointly and
.
severally, all the improvements identified in Article II and on the attached Exhibit D
1.14 City Improvements. ?City Improvements? means and includes, jointly and severally, all the
improvements identified in Article II of this Agreement and on the attached Exhibit E.
1.15 Improvements. ?Improvements? means both the City Improvements and the Developer
Improvements.
. ?Developer Default? means and includes, jointly and severally, any of the
1.16 Developer Default
following or any combination thereof:
a. failure by the Developer to construct the Developer Improvements according
to the Development Plans and the City standards and specifications as set
forth herein;
b. failure by the Developer to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
Development Contract;
c. breach of the Developer Warranties.
1.17 Force Majeure. ?Force Majeure? means acts of God, including, but not limited to floods, ice
storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated
weather conditions for the geographic area), riots, insurrections, vandalism, trespass, disease, war or civil
disorder affecting the performance of work, blockades, power or other utility failures, and fires or explosions.
1.18 Developer Warranties. ?Developer Warranties? means that the Developer hereby warrants
and represents the following:
a. Authority. Developer has the right, power, legal capacity and authority to enter into
and perform its obligations under this Development Contract, and no approvals or
consents of any persons are necessary in connection with the authority of Developer
to enter into and perform its obligations under this Development Contract.
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b. No Default. Developer is not in default under any lease, contract or agreement to
which it is a party or by which it is bound which would affect performance under this
Development Contract. Developer is not a party to or bound by any mortgage, lien,
lease, agreement, instrument, order, judgment or decree which would prohibit the
execution or performance of this Development Contract by Developer or prohibit any
of the transactions provided for in this Development Contract.
c.Present Compliance with Laws. Developer has complied with and is not in violation
of applicable federal, state or local statutes, laws, and regulations including, without
limitation, permits and licenses and any applicable zoning, environmental or other
law, ordinance or regulation affecting the Plat and the Development Plans and the
Developer Improvements; and Developer is not aware of any pending or threatened
claim of any such violation.
d. Continuing Compliance with Laws. Developer will comply with all applicable federal,
state and local statutes, laws and regulations including, without limitation, permits and
licenses and any applicable zoning, environmental or other law, ordinance or
regulation affecting the Plat and the Development Plans and the Developer
Improvements.
e. Warranty on Proper Work and Materials. The Developer warrants all work required
to be performed by it under this Development Contract against defective material and
faulty workmanship for a period of one (1) year after its completion and acceptance
by the City in the form set forth on Exhibit F. During the warranty period, the
Developer shall be solely responsible for all costs of performing repair work required
by the City within thirty (30) days of notification. All trees, grass, and sod shall be
warranted to be alive, of good quality, and disease free for one (1) year after planting.
Any replacements shall be similarly warranted for one (1) year from the time of
planting. In addition, the warranty period for drainage and erosion control
improvements shall be for one (1) year after completion and acceptance by the City;
the warranty for the drainage and erosion control improvements shall also include the
obligation of the Developer to repair and correct any damage to or deficiency with
respect to such improvements. The warranty for the asphalt roadway extends for
one (1) year after the installation of the final asphalt lift. All other warranty periods
begin at the date when each improvement is accepted by the City.
. The Developer shall obtain and pay for all required permits,
f. Obtaining Permits
licenses and approvals, and shall meet all requirements of all applicable, local, state
and federal laws and regulations which must be obtained or met before the
Developer Improvements may be lawfully constructed.
1.19 City Warranties. ?City Warranties? means that the City hereby warrants and represents as
follows:
a. Organization. City is a municipal corporation duly incorporated and validly existing in
good standing the laws of the State of Minnesota.
b. Authority. City has the right, power, legal capacity and authority to enter into and
perform its obligations under this Development Contract.
c.Approval. The Development Plans have been approved and all actions required by
the City have been satisfied to permit the development in accordance with the
Development Plan.
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1.20 Formal Notice or Notice. ?Formal Notice? or ?Notice? means notices given by one party to the
other if in writing and if and when delivered or tendered either in person or by depositing it in the United
States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges
prepaid, addressed as follows:
If to City: City of Maplewood
Attn: City Manager
1830 County Road B. East
Maplewood, Minnesota 55109
If to Developer: CoPar Development, LLC
Attn: Tom Hansen
8677 Eagle Pt. Blvd.
Lake Elmo, Minnesota 55402
or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of service if
served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as
provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and
when actually received by a party.
1.22 City Code or Ordinance. ?City Code? or ?Ordinance? means the City?s Code of Ordinances,
and any applicable regulations and/or policies and specifications implementing the same, in effect as of
the date hereof.
. ?Referendum Property? means the property as described on
1.23Referendum Property
Exhibit G identified as Lots 2 through 17, Block 10 and that portion of Outlot E as described on Exhibit G.
. ?Referendum Lots? means Lots 2 through 17, Block 10 of Exhibit G.
1.24Referendum Lots
1.25Development. ?Development? means the Improvements to the Property in accordance
with the terms of this Agreement.
1.26 Project. The term ?Project? is defined as set forth in paragraph 2.1 of this Agreement.
II. DESCRIPTION OF THE PROJECT; DEVELOPER
IMPROVEMENTS; CITY IMPROVEMENTS
2.1 The Project includes both Developer Improvements and City Improvements in accordance
with the Resolutions and the Development Plans (?Project?), and the Documents.
2.2 City Staff is directed to take all reasonable actions necessary and convenient to facilitate
the development of the Improvements on the Property and the Project in accordance with the
Development Plans and this Agreement. Developer shall construct Developer Improvements in
accordance with the Development Plans and the Ordinances of the City.
Notwithstanding anything to the contrary the Developer Improvements may be installed in phases
ce with the anticipated phasing scheduled attached hereon as Exhibit H. The parties
in accordan
recognize that the phasing schedule on Exhibit H is an estimate only. With the exception of compliance
with CUP Resolution condition No. 2 regarding the start of proposed construction and deferral of
development of the area potentially subject to the 2008 referendum, the timing of the development may
vary depending on market conditions and other circumstances not within the Developer?s control.
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Regarding CUP Resolution condition No. 2, a substantial start on the proposed construction north of Fish
Creek shall constitute satisfaction of that condition for purposes of the Development.
a.Developer?s Agreement to Withhold Development on the Referendum Property.
Developer agrees that the Referendum Property shall not be developed and no
Developer or City Installed Improvements shall be constructed on the Referendum
Property prior to June 30, 2009 (?Referendum Date?). Rather, the City may seek
funding sources from any source deemed appropriate by the City for the purchase
of all or a portion of the Referendum Property by the Referendum Date. The
Purchase Price for the Referendum Property shall be $150,000 per Referendum
Lot purchased by the City and, if the City purchases the entire Referendum
Property, the purchase price shall be $2,400,000 (?Referendum Purchase Price?).
In the event that the City notifies the Developer not later than thirty (30) days
before the Referendum Date of its intent to acquire the Referendum Property for
the Referendum Purchase Price, the Developer shall no later than June 30, 2009
(?Closing Date?) convey the Referendum Property to the City for the Referendum
Purchase Price and the City shall complete the purchase of the Referendum
Property by the Closing Date. Both the City and the Developer shall execute all
documents and take all actions reasonably necessary to convey the Referendum
Property to the City in the event that the City timely notifies the Developer of the
City?s intent to acquire the Referendum Property. While the City can elect which
Referendum Lots to purchase, the City may not acquire less than full Referendum
Lots and all Referendum Lots purchased by the City shall be contiguous. In the
event that the City does not timely notify the Developer of its intent to purchase the
Referendum Property by the Referendum Date, the Developer may thereafter, at
its discretion, develop the Referendum Property in accordance with this
Agreement. In the event that the City timely exercises its rights to purchase the
Referendum Property hereunder, the City may also require the developer to
convey to the City some or all green space identified as the Open Space Plan
(Exhibit C, Sheet C-10) (?Green Space?) to the City for the purchase price of
$1.00. In the event that the City acquires the Referendum Property and the Green
Space, the City shall not thereafter develop or permit development of the
Referendum Property or the Green Space.
2.3 City Installed Improvements. In accordance with the Ordinances of the City, the City
Improvements shall be constructed and installed by the City and thereafter assessed to the benefiting
property owners as set forth in this Agreement. The City Improvements shall be completed in
accordance with the phasing schedule Exhibit H and no later than six (6) months after Developer notifies
the City in writing of the need for the City Improvements for any phase of the Development. Time is of
the essence for the completion of those City Improvements for those phases for which the Developer
provides six months? prior notice to the City of the Developer?s commencement of development of that
phase, except that the City may extend this period by up to three additional months because of weather,
by giving 90 days notice to the Developer. The Developer shall have joint approval over the final design
for all City Installed Improvements, provided that both the Developer and the City agree that the final
design for the City Installed Improvements shall be consistent with Exhibit E. The City shall be
responsible for obtaining any required permits for all City Installed Improvements.
2.4 Construction Meetings. At least three (3) business days prior to commencing construction
of the Developer Improvements or the City Improvements (and any Phase thereof), the Developer and
the City shall hold a pre-construction conference.
2.5 Repayment of Costs of City Improvements.
a. Special Assessments.
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i. The initial costs of the City Improvements shall be paid by the City. The
costs of the City Improvements shall be repaid through the levy of special
assessments against the Property. The special assessments shall be
payable by installments, and the installments shall be spread over fifteen
(15) years from the date that the assessment is levied in accordance with
Minnesota Statutes Chapter 429. The City will specially assess for the City
Improvements at the exact cost of the bond-sale and at the same rate
issued to the City. The special assessments for each category of Public
Improvements shall be levied as set forth in paragraph 2.8 below and in
accordance with Minnesota Statutes, Chapter 429.
ii. The costs of the City Improvements that may be specially assessed include
only those cost set forth onExhibit E. The Developer shall reimburse any
reasonable costs incurred by the City for engineering, legal and
administrative services associated with the project, which shall not include
any costs arising from the Litigation or its settlement. The City may assess
for its reasonable underwriting fees. The final costs of such Public
Improvements will be determined in accordance with Minnesota Statute
Chapter 429. The City agrees that the assessments will be spread against
the lots in the Subdivision and subsequent Phases in a manner reasonably
acceptable to the City and Developer, provided, however, that the parties
acknowledge and agree, to the extent permitted by law, that (a) to the
extent any of the City Improvements benefit subsequent Phases, a portion
of the costs thereof that is directly correlated to the benefit derived from the
improvements may, at the request of the Developer, be assessed against
such subsequent Phases, (b) at the request of the Developer, certain lots
to be developed by the Developer shall bear a greater portion of the
assessments charged to the lots in the Subdivision, and (c) the special
assessments shall be paid over a fifteen (15) year period.
iii. Developer and its successors waive any and all procedural and substantive
objections to the special assessments, including, but not limited to, any
claim that any assessment exceeds the benefit to the property served.
iv. Developer and its successors waive any appeals and rights otherwise
available pursuant to Minnesota Statutes Sections 429.036 and 429.081.
2.6 [RESERVED]
2.7 Force Majeure. The deadlines set forth in Exhibit J and the dates for Developer?s and
City?s performance of their other obligations hereunder may be extended due to Force Majeure. In the
event of Force Majeure, the deadlines and dates for performance of the Developer?s and City?s
obligations hereunder shall be extended for the period of the delay.
2.8 Security. Developer agrees to provide financial security as set forth in either Option A or
Option B below (at Developer?s option).
Option A. Prior to preliminary engineering by the City for each phase of the Development,
the Developer shall provide to the City a cash escrow equivalent to the City?s reasonable estimate
of its preliminary engineering fees, determined for the first phase of the Project to be $30,000 and
shall waive all objections to the City?s immediate assessment against the Property of the full
amount of the City?s estimated expenses for the City?s Improvements for each phase. For all
phases of the Development after the first phase, the Developer shall provide to the City a cash
escrow equivalent to the City?s reasonable estimate of its preliminary engineering fees for that
particular phase not to exceed the actual and reasonable costs thereof and shall waive all
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objections to the City?s immediate assessment against the Property of the full amount of the City?s
estimated expense for the City for each phase of the Development.
Option B. In lieu of Option A, the Developer shall provide to the City a cash escrow in the
form of a letter of credit for 125 percent (125%) of the amount of the City?s Improvements as
reasonably estimated by the City for each phase of the Development. Said letter of credit shall be
effective until the City conducts an assessment hearing and shall be released when the special
assessments have been levied by the City against all of the lots in the Property for any phase of
the Development. Developer shall provide to the City the letter of credit prior to the City?s letting
of the construction contract for the City Improvements for each phase of the Development. The
City agrees that if the Developer sells lots prior to the levy of the assessments herein for any
phase of the Development, the City will reduce the amount of the Letter of Credit delivered by the
Developer and accept replacement security from the purchaser of said lots in a form of cash
escrow or replacement letter of credit.
III. PLAN PREPARATION, SUBMISSIONS AND APPROVALS
3.1 Developer Improvement Plan Approvals. The Developer or its consultant shall be
responsible for preparing the plans and specifications for the Developer Improvements including bidding
documentation, following a pre-design conference with the Developer and Developer?s engineer. The
City Engineer?s approval shall not be unreasonably withheld and shall be granted if the plans and
specifications are in conformance with the Development Plans applicable thereto, the terms of this
Agreement and the requirements of governmental authorities other than the City that will issue permits or
licenses for such improvements. Developer and the City Engineer shall use their best efforts to resolve
any differences they may have with respect to the plans and specifications. If the City Engineer does not
specifically approve, comment upon or reject the plans and specifications within ten (10) Business Days
of submittal of the same to the City Engineer, then the plans and specifications shall be deemed
approved.
3.2 City Improvement Plan Approvals. The City or its consultants shall prepare the plans and
specifications for the City Improvements in a timely fashion to ensure that the City Improvements for
each phase are constructed in a timely fashion as set forth in paragraph 2.3 of this Agreement. The City
shall consult with the Developer in connection with the plans and specifications for the City
Improvements, but the City?s design thereof shall be final.
IV. WARRANTIES
The Developer hereby makes and states the Developer Warranties. The City hereby makes and
states the City?s Warranties.
4.1 Installation; Certification. Upon completion of construction of any category of Developer
Improvements, and correction of any defective work as provided herein, Developer shall cause its
engineer to inspect the same and to certify to the City and Developer that the same have been finally
?Certificate of
completed in substantial accordance with the Development Plans therefor (the
Completion?
).
4.2 Acceptance of Developer Improvements. Upon receipt of the Certificate of Completion of
any category of Developer Improvements, the City?s Authorized Representative will, within ten (10)
Business Days of receipt of the Certificate of Completion, inspect the Developer Improvements to ensure
that the Developer Improvements were constructed substantially in accordance with the approved plans
and specifications for the Developer Improvements and shall either (i) certify to the City and the
Developer that the same have been substantially completed in accordance with the approved plans and
specifications therefor, or (ii) notify the City and the Developer in writing and in reasonable detail as to
those components of construction that have been substantially completed in accordance with the
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approved plans and specifications therefor; in which event, the Developer shall proceed with reasonable
diligence to complete or correct the incomplete or defective components of construction, after which the
Developer shall request re-inspection and certification of completion in accordance with the provisions of
this Section. If the City?s Authorized Representative does not, within such ten (10) Business Day
inspection period, either validate the accuracy of the Certificate of Completion or provide notice of
defective or incomplete components of construction as contemplated above, the Developer
Improvements shall be deemed to be completed in substantial accordance with the approved plans and
specifications therefor. Developer shall submit the Developer Improvements for acceptance to the City
for action, and the City shall, by formal motion, accept the Developer Improvements so constructed and
agree to assume all liability for maintenance of Developer Improvements upon the expiration of the
Developer Warranties.
V. FEES AND CHARGES
Provided the City complies with the terms of this Agreement, Developer shall pay:
a. Recording Fees. All fees and charges in connection with recording this Agreement
and the Plat with the County.
b. Park Dedication. Developer shall pay a park dedication fee of $574,200
($3,300.00 per unit). In recognition of Developer?s agreement to withhold
development of the Referendum Property as set forth herein, the City agrees not
to increase its park dedication fee in connection with the development of the
Project prior to June 30, 2009. In the event that the City acquires the Referendum
Property or no fewer than eight (8) of the Referendum Lots in accordance with
Article II of this Agreement, the Park Dedication Fee shall be paid upon the closing
of the City?s purchase of the Referendum Property. The Park Dedication Fee shall
be reduced by $3,300.00 for each Unit of the Referendum Property purchased by
the City.
In the event that the City does not exercise its rights to purchase the Referendum
Property (a) the Developer may, at its discretion (a) pay the entire Park Dedication
fee or (b) pay or cause to be paid the Park Dedication Fee on a per unit basis of
$3,300.00 at the time that a building permit is sought and received for each
individual Unit in the Project. The Developer may, at its discretion, assign the Park
Dedication Fee (at the greater of $3,300.00 per unit or the then current park
dedication fee) to any purchaser or builder of an individual lot.
c. Other Fees. The Developer shall pay at the time of issuance of a building permit
for each individual lot all other customary, reasonable and lawful fees required by
Other Regulatory Agencies. The City shall not assess any fees to the Project
other than set forth herein. This limitation shall not apply to City improvements not
included in or contemplated in the Development Plans.
VI. OTHER PERMITS; APPROVALS; CERTIFICATES OF OCCUPANCY
6.1 Other Regulatory Agencies. The Developer shall apply for all permits, approvals and
licenses required from any Other Regulatory Agency as may be necessary for Developer?s construction
of the Developer Improvements as herein contemplated, and Developer shall construct the Developer
Improvements in accordance with the requirements of all such permits, approvals and licenses and the
legal requirements thereof.
6.2 Initial Permits and Model Permits. Any provision of this Agreement that requires the
Developer Improvements to be completed prior to issuance of building permits for residential units within
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?Models?
the Project shall not apply to building permits for single-family model homes (collectively, the ),
which may be issued prior to the completion of the City Improvements.
6.3 Subsequent Building Permits. Other than building permits for the Models, no building
permits shall be issued for construction of a residence within the Subdivision until the following conditions
have been satisfied:
a. For each residential unit for which a building permit is requested (including the
models), the applicant shall pay a water connection fee and a sanitary service
connection fee in accordance with City Ordinances and fee schedules then in
effect.
b. The Final Plat (or a portion thereof if Developer elects to proceed in phases as set
forth below) and this Developer?s Agreement must be recorded with the County.
c. With respect to the lot for which a permit is requested, the drainage, grading and
rol plan for such lot must be submitted and approved by the City
erosion cont
Engineer.
d. All other building permit requirements of the City?s Ordinances applicable to
residentialstructures have been complied with, provided that in the event of any
inconsistency between the terms of this Agreement and the terms of such
ordinances, the terms of this Agreement shall control the building permit process
for the Subdivision.
6.4 Certificates of Occupancy. Other than for the Models, no certificates of occupancy shall
be issued for buildings within the Development until utility and road improvements to such buildings are
substantially completed (as reasonably determined by the City Engineer), provided, however, that the
bituminous wear course for the roads within the Development shall not be required to be installed until
75% of the residential lots in the Development have homes constructed upon them (or earlier at the
Developer?s request), and thereafter, as weather conditions permit.
6.5 Design Review Board. The Developer acknowledges that the single family homes must
be approved by the City?s Design Review Board. The City directs the Design Review Board not to
unreasonably withhold consent.
VII. CONSERVATION EASEMENT.
Upon development of any phase of the Development, Developer shall execute the Conservation
for the Property being developed in that phase. The
Easement in the form attached hereto as Exhibit K
City and Developer shall take all reasonable actions necessary and convenient to legally describe the
Conservation Easement in a manner consistent with Exhibit K.
VIII. PLAT RECORDING
. All applicable conditions related to Plat approval must be met prior to the
8.1 Plat Recording
recording of the Plat. The Plat must be recorded with the Ramsey County Recorder and/or the County?s
Registrar of Titles, as the case may be, on or before the date that is one hundred eighty (180) days after
final plat approval has been granted by the City.
8.2 Conveyance of Lots. The Plat, and this Agreement must be recorded with the Ramsey
County Recorder and/or Registrar of Titles, as the case may be, prior to Developer?s transfer of fee title
in any lot within the Plat.
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8.3 Final Plat. City Staff is directed to take all necessary action to facilitate the completion
and recording of the Final Plat for the Project or any portion of the Project. The Developer may record
the Final Plat for all or a portion of the Project in accordance with the estimated phasing schedule on
Exhibit H.
IX. BINDING EFFECT
This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof
shall run with the land described herein and be binding on and inure to the benefit of the heirs,
representatives and assigns of the parties hereto, and shall be binding upon all future owners of all or
any part of the Property, and shall be deemed covenants running with the land, provided however, that at
Developer?s request, after all of the Developer Improvements have been accepted by the City and the
warranty periods therefore have expired, the City shall issue a Certificate of Completion, in recordable
form, stating that the Developer Improvements have been constructed and completed by Developer in
accordance with the terms hereof and have finally accepted by the City, and that Developer has
performed and is released from all of its obligations set forth herein, such that thereafter lots within the
Plat shall only be subject to the payment of special assessments as set forth in Section 2.5 hereof.
X. REMEDIES UPON DEVELOPER DEFAULT
Whenever any Developer Default occurs, the City, subject to any rights of third parties agreed to
by the City p
ursuant to this Agreement, or otherwise by written, executed instrument of the City, may,
upon thirty (30) days written notice and a reasonable opportunity for Developer to cure said Default, take
any one or more of the following:
a. The City may suspend its performance under this Agreement and the until it
receives assurances from Developer, deemed adequate by the City, that
Developer will cure its default and continue its performance under the Agreement.
b. The City may initiate such action, including legal or administrative action, whether
in law or in equity, as is necessary for the City to secure performance of any
provision of this Agreement or recover any amounts due under this Agreement
from Developer.
c. The City may draw upon or bring action upon any or all of the Securities provided
ny of the terms of this Agreement.
to the City pursuant to a
XI. INDEMNIFICATION
11.1 The Developer releases from and covenants and agrees that the City and its City Council,
officers, agents, including their independent contractors, consultants and legal counsel, servants and
??
employees (hereinafter, for purposes of this Section only, collectively the Indemnified Parties) shall not
be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or
damage to property or any injury to or death of any person resulting from any defect in the Subdivision,
except for loss or damage to property or any injury to or death of any person resulting from any defect in
the Subdivision resulting from the non-performance of any applicable agreement, negligence, any
misrepresentation or any willful or wanton misconduct of the Indemnified Parties.
11.2 Except for the negligence, any misrepresentation or any willful or wanton misconduct of an
Indemnified Party, the Developer agrees to protect and defend the Indemnified Parties and further
agrees to hold the aforesaid harmless from any claim, demand suit, action or other proceeding
whatsoever by any person or entity whatsoever resulting from the non-performance of any applicable
agreement, negligence, any misrepresentation or any willful or wanton misconduct of the Developer, its
employees, agents or contractors, provided that this indemnification shall not apply to the warranties
made or obligations undertaken by the City in this Agreement.
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11.3 The City and the Indemnified Parties shall not be liable for any damage or injury to the
persons or property of the Developer or officers, agents, servants, or employees or any other person who
may be about the Subdivision due to any act if negligence of any person, unless due to the non-
performance of any applicable agreement, negligence, any misrepresentation or any willful or wanton
misconduct of an Indemnified Party.
11.4 All covenants, stipulations, promises, agreements and obligations of the City contained
herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the
City and not of any governing body member, officer, agent, servant or employee of the City, which shall
not be withheld if the Developer?s proposed assignee to the financial capability to perform the
Developer?s obligations is to be assumed by the proposed assignee.
XII. ASSIGNMENT
The Developer may not assign this Development Contract without the written permission of the
City Council and without providing the City with written notice of the proposed assignment at least 45
days in advance of the effective date of the assignment. If timely notice is provided to the City, the City?s
permission will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, the
consent of the City shall not be required in connection with an assignment to an ?Affiliate? in which the
Affiliate assumes all obligations of the Developer hereunder that accrue from and after the effective date
of the assignment. As used herein, the term ?Affiliate? means an entity that is controlled by, or is under
common control with the Developer.
XIII. CHANGE OF ORDINANCES
The City finds that the approved development of the Plat according to the terms of this
nt Contract is a planned and staged development within the meaning of Minn. Stat.
Developme
§ 462.358, subd. 3(c). The City further finds that the actions of the Developer described herein, are of
substantial and enduring benefit to the quality of life, open space needs and financial needs of the City.
Accordingly, pursuant to Minn. Stat. § 462.358, subd. 3(c), the City agrees that if the following condition is
being met:
a. Developer is not in material default (and the time to cure has not expired) under this
Development Contract;
then for six (6) years after the date hereof, the City will not, without the prior written consent of the
Developer, for any particular phase or phases or the entire Project in which the Developer has such an
ownership interest, enforce or apply to this Development any change the City?s Comprehensive Plan
(except as contemplated hereby or to permit the development of the Project as contemplated hereby), or
enforce or apply to this Development any change in ordinances establishing zoning, subdivision controls,
site plan regulations, official maps, and all policies and specifications adopted by the City to implement the
foregoing (all of which is hereinafter referred to as ?Controls?)(except as contemplated hereby or unless such
change is mandated by Minnesota Statutes and Minnesota Rules that, by their terms, must be complied with
notwithstanding any provision hereof to the contrary), for any particular Phase or Phases or the entire
Project in a manner which is inconsistent with the terms of this Development Contract and the Plat and
Development Plans approved herein with respect to the following:
i. permitted, conditional, accessory uses;
ii. development density;
iii. lot size;
iv. lot layout, depth and width;
v. building setbacks and building height;
vi. street conveyance requirements;
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vii. essential improvement requirements;
viii. the terms and conditions of park dedication and contribution requirements
thereof;
ix. subdivision requirements;
x. specifications for sewer, water, drainage, street, landscape, trees, and other
improvements to be constructed by the Developer or the City and to be
owned and maintained by the City or Developer thereafter.
Notwithstanding the restrictions above-stated, the Developer may request a modification to the Controls for
a specific Phase within the Project and the City may grant the modification. After the last day of the sixth
year after the date hereof, the City may, pursuant to law, without the consent of the Developer, enforce or
apply to this Development any modification of the City?s Comprehensive Plan or the City Code provisions
affecting such Phase with respect to the above matters. Until such time the City takes such action, the
provisions of this section shall remain in full force and effect.
XIV. INCONSISTENCY AMONG CONTROLS
To the extent an inconsistency or conflict exists among the Controls, and in the absence of a
consensual amendment addressing the inconsistency, the following documents in descending order shall
govern:
a. the Resolutions;
b. this Development Contract;
b. the Plat;
c. the Project;
d. the Development Plans; and
e. the City Code.
XV. MISCELLANEOUS
. Third parties shall have no recourse against the City or the
15.1 No Third Party Recourse
Developer under this Development Contract.
. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
15.2 Validity
Development Contract is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this Development Contract.
15.3 Federal Agencies. If the Developer requires any evidence of this Development Contract for
the purpose of escrow requirements of the Federal Housing Administration, the Veterans Administration,
or any other United States government agency, the City will provide same at the request of the
Developer so the escrow deposit, herein provided for, may be considered a deposit in lieu of the deposit
normally made with such governmental agencies to guarantee the completion of required improvements.
15.4 Recording. The Development Contract and Plat shall be recorded by the Developer with
the County Recorder or Registrar and the Owner shall provide and execute any and all documents
necessary to implement the recording. The City shall receive two (2) copies of the recorded Plat from
Developer.
15.5 Binding Agreement. The parties mutually recognize and agree that all terms and conditions
of this recordable Development Contract shall run with the land herein described, and shall be binding
upon the heirs, successors, administrators and assigns of the Owner and Developer.
15.6 Amendment and Waiver. The parties hereto may by mutual written agreement amend this
Development Contract in any respect. Any party hereto may extend the time for the performance of any
of the obligations of another, waive any inaccuracies in representations by another contained in this
Development Contract or in any document delivered pursuant hereto which inaccuracies would otherwise
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constitute a breach of this Development Contract, waive compliance by another with any of the
covenants contained in this Development Contract, waive performance of any obligations by the other or
waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any
of its obligations under this Development Contract. Any agreement on the part of any party for such
amendment, extension or waiver must be in writing. No waiver of any of the provisions of this
Development Contract shall be deemed, or shall constitute, a waiver of any other provisions, whether or
not similar, nor shall any waiver constitute a continuing waiver.
15.7 Governing Law. This Development Contract shall be governed by and construed in
accordance with the laws of the State of Minnesota.
15.8 Counterparts. This Development Contract may be executed in any number of counterparts,
each of which shall be deemed an original but all of which shall constitute one and the same instrument.
15.9 Headings. The subject headings of the paragraphs and subparagraphs of this
Development Contract are included for purposes of convenience only, and shall not affect the
construction or interpretation of any of its provisions.
15.10 Access and Security. The Developer hereby grants to the City, its employees, officers, and
contractors a license to enter the Plat to perform all work and inspections deemed appropriate by the City
during the installation of Developer Improvements. The City agrees to indemnify and hold Developer,
Owner and the Property harmless from any and all claims, costs, expenses or damages, including
reasonable attorneys? fees resulting from such activities. This license shall not extend to any third party.
The Developer may take whatever reasonable measures are necessary to secure the site or any portion
thereof from trespass and intrusion including, but not limited to, security fencing, security gates and
private security services.
15.11 Notice. Any Notice required hereunder shall be as set forth in Section 1.20 of this
Agreement.
15.12 Change of Name of Plat. The Developer may change the name of the Plat, provided that
the change of the name of the Plat shall not constitute an amendment of the terms of this Agreement and
all terms of this Agreement remain in full force and effect.
15.13 Site Signage. Signage shall be allowed to the extent not prohibited by the City Code.
. Within 60 days of the execution of this Agreement, Developer shall cause
15.14 Tax Payments
all property tax obligations due and owing to be fully paid.
XVI. DEDICATION OF PUBLIC ROADS
16.5 All public roads in the Plat shall be dedicated to the City upon recording of the Plat for any
phase of the Development
XVII. DISMISSAL OF ACTION AND RELEASES
17.1 Dismissal of Action.Within one week of the City?s authorization of the execution of this
Agreement, the Developer will execute a Stipulation of Dismissal with Prejudice of an action entitled
CoPar Development v. City of Maplewood, Ramsey County Court File No. 62-C5-06-010746, which the
City shall then countersign and file with the Court along with a proposed order in the form attached
hereto as Exhibit L.
17.2 Effective upon the execution of this Agreement, and except only for the representations and
of the parties under this Agreement and the Resolutions, Developer and any and all of its
obligations
partners, members, employees, agents, representatives, successors, assignees, transferees, joint
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ventures, attorneys, and insurers, hereby release and discharge the City and its past and present agents,
officials, employees, representatives, assignees, transferees, joint ventures, attorneys, insurers, and risk
pools (including the League of Minnesota Cities Insurance Trust) from all manner of claims, demands,
actions, causes of actions, suits, debts, dues, sums of money, accounts, bills, covenants, contracts,
rights, obligations, controversies, agreements, promises, and demands whatsoever, whether in law or
equity, the Developer ever had, or now has, whether known or unknown, against the City, involving or
arising out of any application for development it has filed with the City regarding the Property or any part
thereof.
17.3 Effective upon the execution of this Agreement, and except only for the representations and
obligationsof the parties under this Agreement and the Resolutions, the City, and any and all of its past
and present officers, elected officials, employees, agents, representatives, affiliates, divisions,
successors, assignees, transferees, joint ventures, attorneys, insurers, and risk pools hereby release and
discharge the Developer and its shareholders, partners, employees, agents, representatives,
successors, assignees, transferees, joint ventures, attorneys, and insurers, from all manner of claims,
demands, actions, causes of actions, suit, debts, dues, sums of money, accounts, bills, covenants,
contracts, rights, obligations, controversies, agreements, promises, and demands whatsoever, whether
in law or equity, the City ever had, or now has, or hereafter may have, whether known or unknown,
against the Plaintiff involving or arising out of any application for development Developer has filed with
the City regarding the Property or any part thereof.
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly
executed on the day and year first above written.
CITY OF MAPLEWOOD:
By:
Mayor
By:
City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF _______ )
On this _____ day of _____________________, 200__, before me, a Notary Public, in and for
said County and State, appeared __________ and __________ to me personally known, who being by
me first duly sworn, did say that they are respectively the Mayor and the City Clerk of the City of ______
and said ________ and _________ acknowledge said instrument to be the free act and deed of said City
of _______ by resolution adopted by its Council.
Notary Public
COPAR DEVELOPMENT, LLC
By:
Its:
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STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
On this _____ day of __________________, 200__, before me, a Notary Public, personally
appeared ___________________, the ______________ of Corporation, a Minnesota corporation, who
executed the foregoing instrument and acknowledged said instrument to be the official act and deed of
said corporation and that such act was authorized by the board of directors of said corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
MALKERSON GILLILAND MARTIN LLP
(HAR)
1900 U.S. Bank Plaza South Tower
220 South Sixth Street
Minneapolis, MN 55402
EXHIBIT L
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RAMSEYSECOND JUDICIAL DISTRICT
Case Type: Civil
CoPar Development, Case No. 62-C5-06-010746
Plaintiff,
STIPULATION OF DISMISSAL WITH
PREJUDICE AND ORDER
v.
City of Maplewood
Defendant.
The parties, through their counsel, hereby agree that this matter shall be dismissed with
prejudice, with all parties to bear their costs.
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GREENE ESPEL, P.L.L.P.
Dated: _______________, 2008
By___________________________________
John M. Baker, Reg. No. 174403
200 S. Sixth Street, Suite 1200
Minneapolis, MN 55402
(612) 373-0830
Attorneys for Defendant
MALKERSON GILLILAND MARTIN L.L.P.
Dated: _______________, 2008
By___________________________________
Howard A. Roston, Reg. No. 260460
220 S. Sixth Street, Suite 1900
Minneapolis, MN 55402
Attorneys for Plaintiff
SO ORDERED.
Dated: _________________, 2008
__________________________________________
Judge of the District Court
Seconded by Councilmember Juenemann.
The changes were discussed between the attorney and council and were accepted by the
motioner and seconder.
Mayor Longrie made a friendly amendment that the cash escrow fee be changed to $80,000
rather than $30,000.
Councilmember Rossbach did not accept the friendly amendment.
Seconded by Councilmember Juenemann Ayes ? Councilmembers Juenemann,
Nephew & Rossbach
Nays
? Mayor Longrie
& Councilmember Hjelle
The motion passed.
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Councilmember Nephew moved to extend the council meeting past curfew to complete the
remainder of the agenda items.
Seconded by Councilmember Hjelle. Ayes ? Councilmembers Hjelle,
Nephew & Rossbach
Nays
? Mayor Longrie &
Councilmember Juenemann
The motion passed.
The council took a break at 11:00 p.m.
The council reconvened at 11:05 p.m.
2. Receipt of Comprehensive Financial Report and Schedule Presentation from
Auditor for August 25, 2008.
a. Acting City Manager, Chuck Ahl gave the report. (No Action Needed)
Mr. Ahl said the Comprehensive Financial Report was given to the city council
ncil packet was completed. The council shall have the opportunity to
after the cou
review the Comprehensive Financial Report until August 25, 2008, when the
auditor will give their presentation. Staff will make this report available on the city?s
website.
L. NEW BUSINESS
Mayor Longrie recommended moving L2. ahead of L1. due to the length of the council meeting.
Seconded by Councilmember Juenemann. Ayes ? All
The motion passed.
2. Off-Sale Intoxicating Liquor License ? Larry Toth, New License/Manager, Costco
Wholesale.
a. City Clerk, Director Citizen Services gave the report.
b. Larry Toth, License Manager, Costco Wholesale addressed and answered
questions of the council.
Councilmember Hjelle moved to approve the Off-Sale Intoxicating Liquor License for Costco
Wholesale #1021, located at 1431 Beam Avenue, Maplewood under new License Manager, Larry
Toth.
Seconded by Councilmember Rossbach. Ayes ? All
The motion passed.
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1. St. Paul Fire Republican National Convention ? Consider Approving Joint Powers
Agreement.
a. Maplewood Fire Chief, Steve Lukin gave the report. Chief Lukin said the name of
the report should have been called Joint Powers Agreement with the St. Paul Fire
Department.
Councilmember Hjelle moved to approve that the MaplewoodFire Department enter into a Joint
Powers Agreement with the St. Paul Fire Department.
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Seconded by Councilmember Juenemann. Ayes ? All
The motion passed.
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3. Consider Report on Formation of Green Team for City Operations.
a. Environmental Planner, Shann Finwall gave the report.
b. City Attorney, Alan Kantrud answered questions of the council.
Councilmember Nephew moved to appoint Councilmember Hjelle as the Council Liason to the
Newly Formed Green Team.
Seconded by Mayor Longrie. Ayes ? Mayor Longrie,
Councilmembers Juenemann,
Nephew & Rossbach
Abstain
? Councilmember Hjelle
The motion passed.
4.Approval of Claims.
Councilmember Rossbach moved Approval of Claims.
ACCOUNTS PAYABLE:
$ 1,859,801.66 Checks # 76055 thru # 76120
$ 161,547.73 Disbursements via debits to checking account
Dated 07/17/08 thru 07/25/08
$ 554,434.50 Checks # 76121 thru # 76175 dated 08/05/08
$ 328,646.51 Disbursements via debits to checking account
dated 07/25/08 thru 07/31/08
__________________
$ 2,904,430.40 Total Accounts Payable
PAYROLL
$ 587,286.97 Payroll Checks and Direct Deposits dated 07/25/08
$ 3,665.90 Payroll Deduction check #1005611 thru #1005612 dated 07/25/08
___________________
$ 590,952.87 Total Payroll
GRAND TOTAL
$ 3,495,383.27
Seconded by Councilmember Nephew. Ayes ? Mayor Longrie,
Councilmembers Juenemann,
Nephew & Rossbach
Nays
? Councilmember Hjelle
The motion passed.
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M. CONSENT AGENDA
a. Acting City Manager, Chuck Ahl answered questions of the council and then reviewed the
Consent Agenda.
1. Councilmember Juenemann moved to approve items 1, 2, and 4.
Seconded by Councilmember Hjelle. Ayes ? All
The motion passed.
2. Councilmember Juenemann moved to approve item 3.
Seconded by Councilmember Nephew. Ayes ? All
The motion passed.
1. TH 61/Frost Avenue Improvements, City Project 07-30, Approval of Mn/DOT Cooperative
92564.
Agreement No.
Councilmember Juenemann moved to approve the Resolution for the TH 61/Frost Avenue
Improvements, City Project 07-30: Approval of Cooperative Agreement No. 92564, and authorize
the City Engineer/Public Works Director to sign the agreement signifying approval by the mayor
and council.
CITY OF MAPLEWOOD
RESOLUTION 08-08-118
TO ENTER INTO MN/DOT AGREEMENT NO. 92564 WITH
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
IT IS RESOLVED that the City of Maplewood enter into MN/DOT Agreement No. 92564 with the
State of Minnesota, Department of Transportation for the following purposes:
To provide for payment by the State to the City of the State?s share of the costs of the intersection
improvement construction which includes bituminous surfacing, concrete curb and gutter and trail
improvements, and the traffic control signal construction to be performed upon, along and
adjacent to Trunk Highway No. 61 at County State Aid Highway No.27 (Frost Avenue) ? Parkway
Drive within the corporate City limits of Maplewood under State Project No. 6222-154 (T.H.
61=001), State Aid Project No.?s 62-627-05, 138-010-013, 138-020-035, and 138-151-001, and
City Project No. 07-30.
IT IS FURTHER RESOLVED that the City Engineer/Public Works Director is hereby authorized
yor and City Council to execute the Agreement and any amendments to the Agreement.
by the Ma
th
Adopted by council this 11 day of August 2008.
Seconded by Councilmember Hjelle. Ayes ? All
The motion passed.
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2. Hazelwood Street Improvements, City Project 07-25, Resolution for Modification of the
Existing Construction Contract, Change Order No. 1 (Trail Improvements).
Councilmember Juenemann moved to approve the Resolution for Modification of the Existing
Construction Contract, Change Order No. 1 (Trail Improvements) for the Hazelwood Street
Improvements, City Project 07-25.
RESOLUTION 08-08-119
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 07-25, CHANGE ORDER NO.1
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 07-25, Hazelwood Street Improvements, and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designatedas Improvement Project 07-25, Change Order No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that:
1. The finance director is hereby authorized and directed to modify the budget to reflect
Cooperative Agreement Funding in the amount of $40,000.
the Mn/DOT
2. The mayor and city engineer are hereby authorized and directed to modify the existing
contract by executing said Change Order No.1 in the amount of $73,234.75.
The revised contract amount is $1,314,531.00.
Seconded by Councilmember Hjelle. Ayes - All
3. Consider Resolution Accepting Donation to Police Department. (Requires 4 votes)
Councilmember Juenemann moved to approve the Resolution Accepting the $50 Donation to the
Police Department. Also recommended that approval be given for the acceptance of any future
donations of this kind from Residential Mortgage Group.
RESOLUTION 08-08-120
WHEREAS
the Maplewood Police Department has received a $50 donation from
ResidentialMortgage Group on behalf of a client through their program called ?Refer a friend.
Buildyour community;? and
WHEREAS
this program allows a person who closes a mortgage through Residential
Mortgage Group to designate a school, fire, or police department to receive a donation to improve
the communities where they will be living;
NOW, THEREFORE,BE IT RESOLVED
that the Maplewood City Council authorizes the
Police Department to accept this $50 donation.
August 11, 2008 51
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I certify that the above resolution was adopted by the City Council of the City of Maplewood,
Minnesota, on August 11, 2008.
SIGNED: WITNESSED:
______________________________ _______________________________
(Signature) (Signature)
Mayor City Clerk_______________________
(Title) (Title)
______________________________ _______________________________
(Date) (Date)
Seconded by Councilmember Nephew. Ayes ? All
The motion passed.
4. Lawful Gambling License ? Church of Saint Bernard?s.
Councilmember Juenemann moved to approve the Resolution for the Lawful Gambling License
for Church of Saint Bernard?s to operate at the Chalet located at 1820 Rice Street, Maplewood.
LAWFUL GAMBLING LICENSE RESOLUTION 08-08-116
CHURCH OF SAINT BERNARDS
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
premises permit for lawful gambling is approved for the Church of Saint Bernard?s to operate at
the Chalet, located at 1820 Rice Street, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness
of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as being in
compliance with Minnesota Statute §349.213.
NOW THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
Seconded by Councilmember Hjelle. Ayes ? All
The motion passed.
N. AWARD OF BIDS
None.
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H. Council Presentations (H1. ? H2. Carried over to the end of the council meeting)
1. Follow-up on National Night Out on August 4, 2008
? (Councilmember Juenemann)
a. Councilmember Juenemann commented on the success of National Night Out and
thanked everyone involved in making the event a success.
b. Maplewood Police Chief, Dave Thomalla commented on the 76 parties there were
for National Night Out and the number of officers that attended the evening.
2. Ramsey County Dispatch
? (Councilmember Juenemann)
a. Councilmember Juenemann wanted to update the council on the concerns that
have been written about in the newspaper regarding the new Ramsey County
Dispatch center. Councilmember Juenemann then updated the council on the
progress that has been made with the Ramsey County Dispatch center.
Councilmember Juenemann also acknowledged Jan Rehbein, a dispatcher that
worked at the city offices for many years who is very ill at this time and asked that
we offer support to her and her family at this time.
O. VISITOR PRESENTATIONS ? PART II
None.
P. ADJOURNMENT
Mayor Longrie adjourned the meeting at 11:51p.m.
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Agenda Item I1
AGENDA REPORT
TO
: City Council
FROM:
Charles Ahl, Acting City Manager
SUBJECT: Proclamation: The International Day of Peace, September 21, 2008
DATE: August 20, 2008
INTRODUCTION/SUMMARY
Council Member Nephew has submitted the following request for a proclamation be placed on the
th
August 25 Council Meeting. Consideration of this proclamation is recommended.
Request:
August 8, 2008
Dear John,
First of all, thank you so much for stopping by Emma's Place on National Night Out and sharing a root
beer float with us. It was a great pleasure to meet you.
As I told you, Emma's Place has been given the gift of a Peace Pole. As you may know, the Peace
Pole Project is a program of the World Peace Prayer Society, a non-governmental organization
affiliated with the United Nations.
There are more than 200,000 Peace Poles on every continent and in every country. Each has the
words "May Peace Prevail On Earth", in the language of the country and several others. The Emma's
Place Peace Pole has these words in English, Hmong, Arabic, Spanish, Somali, and Hebrew. The
presence of the Peace Pole links Emma's Place and Maplewood with the whole world! It is for this
reason that we have chosen to dedicate our Peace Pole on Sunday, September 21, 2008 which is the
United Nations International Day of Peace- a day set aside for shared celebrations and observances
of peace around the world.
We have invited Mayor Longrie to participate in our dedication, either by reading parts of the United
Nations Resolution that created the International Day of Peace or by issuing a proclamation and
reading it at our dedication. I have attached a sample copy to this e-mail.
We are also grateful to have at the event guest speakers- Ramsey County Commissioner Victoria
Reinhart and U.S. Congresswoman Betty McCollum.
We hope that the Mayor of Maplewood will also attend and the City Council.
Again, the Emma's Place Peace Pole Dedication will be held on Sunday, September 21st at 3:00 pm.
Sincerely,
Jon Katherine Martins
Office Manager
Emma's Place
2163 Van Dyke Street
Maplewood, MN 55109
651-747-8766, extension 100
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Proclamation for
The International Day of Peace, September 21
Whereas, the issue of peace embraces the deepest hopes of all peoples and remains humanity's
guiding inspiration; and
Whereas, in 1981 the United Nations proclaimed the International Day of Peace be "devoted to
commemorating and strengthening the ideals of peace both within and among all nations and
peoples"; and
Whereas, the United Nations expanded the observance of the International Day of Peace in 2001 to
include the call for a day of global ceasefire and non-violence, and invited all nations and people to
honor a cessation of hostilities for the duration of the Day; and
Whereas, there is growing support within our city for the observance of the International Day of
Peace, which affirms a vision of our world at peace, and fosters cooperation between individuals,
organizations and nations; and
Whereas, global crises impel all citizens to work toward converting humanity's noblest aspirations for
world peace into a practical reality for future generations,
Now, Therefore, I, Diana Longrie, Mayor of the City of Maplewood, do hereby proclaim
September 21 as
The International Day of Peace
Throughout the City of Maplewood and urge all government departments and agencies,
organizations, schools, places of worship and individuals in our city to commemorate, in an
appropriate manner, the International Day of Peace. This may include community service projects,
cultural exhibits and performances, a moment of silence, ringing of bells, sharing the universal wish
'May Peace Prevail On Earth' at noon, vigils, religious services in our places of worship, and other
education and public awareness activities in order to help establish a global day of peace in our
homes, our communities and between nations.
th
day of August, 2008.
Adopted this 25
Note:
A copy of this Proclamation will be sent to The International Day of NGO Peace Committee c/o The
People For Peace Project PO Box 340, Roosevelt, NJ 08555-0340
Fax: 1-503-214-6864 / pforpeace@aol.com
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ß¹»²¼¿ ׬»³ Öï
MEMORANDUM
TO: Acting City Manager
FROM: Tom Ekstrand, Senior Planner
SUBJECT: Gethsemane Senior Housing TIF Request and Park Purchase
Agreement
LOCATION: South of 2410 Stillwater Road
DATE: August 20, 2008
INTRODUCTION
TIF Request
Robert Van Slyke, of Presbyterian Homes of Minnesota, is requesting that the city
council approve tax increment financing (TIF) to help finance the proposed 111-unit
Gethsemane Senior Housing development to be located south of Gethsemane Lutheran
Church.
Project Description
There are 10 acres of land south of the church that is owned by Gethsemane which they
have leased to the city for park use for more than 25 years. Presbyterian Homes
proposes to build on the westerly six acres. The city is negotiating with the church to
purchase the remaining four acres to remain in park use.
The proposed senior housing project would be approximately 155,000 square feet in
size and would have 61 independent-living units, 32 assisted-living units and 18
memory-care units. The facility would have a small town center or common area
consisting of a commercial kitchen, independent dining room, assisted living dining
room, café, barber/beauty shop, community room, lobby and offices.
Evaluation of TIF Request
The consulting firm of Springsted Inc. has evaluated this TIF request and forwarded the
enclosed reports and documentation. These reports include their August 19, 2008
report, their May 5, 2008 report for additional background and their proposed Tax
Increment Financing Plan.
A representative of Springsted Inc. will present their report and recommendation to the
city council.
Council Action Requested
The applicant is asking the council to:
Approve the TIF Housing District Plan
Direct the preparation of the TIF development agreement for the project
Staff is asking the council to:
Authorize the preparation of the purchase agreement for Gethsemane Park land
BACKGROUND
Land Use Approval
July 14, 2008: The city council approved the following for this development:
A temporary lease agreement for the use of Gethsemane Park for 2008
A land use plan amendment from P (park) to R3H (high density residential)
A conditional use permit (CUP) for a planned unit development (PUD)
A parking waiver to have fewer parking spaces than code requires
A preliminary and final plat
Site and architectural plan approval
Extended the public hearing date to consider the TIF request on August 25, 2008
Park Commission Recommendation
July 2, 2008: The park commission recommended approval of the park-acquisition
proposal between Gethsemane Lutheran Church and the city staff, subject to the final
draft being submitted to them for review prior to forwarding to the city council for final
action.
HRA TIF Recommendation
June 25, 2008: The housing and redevelopment authority recommended approval of the
PUD and of the TIF request subject to the developer paying a Pilot (payment in lieu of
taxes) payment of $8,000 annually for the duration of the TIF period.
Public Hearing Set
May 12, 2008: The city council scheduled the public hearing to discuss the Gethsemane
Senior Housing TIF request to be set for July 14, 2008. This was subsequently changed
to August 25, 2008 as noted above.
DISCUSSION
TIF Request
The city council should consider the report by Springsted Inc. As stated by Paul
Steinman in his May 5, 2008 memorandum under Next Steps (attached), ?Adopting a
TIF Plan after the public hearing does not grant TIF, it simply provides the council the
authorization to use TIF if an agreement to do so can be successfully negotiated with the
developer.?
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Market Study
Mr. Van Slyke provided a Market Study of their proposal for the council?s review. Please
refer to the attachment.
Park Acquisition
Refer to the attached report from Chuck Ahl addressing the park-acquisition issue.
RECOMMENDATIONS
1. Approve the TIF Plan for Tax Increment Financing (Housing) District No. 1-9 within
Development District No. 1 for the Gethsemane Senior Housing Project.
2. Adopt the Resolution Approving the Modification to the Development Program for
Development District No. 1 and the TIF Plan for TIF District (Housing) No. 1-9.
3. Direct the preparation of the TIF Development Agreement for the Gethsemane
Senior Housing Project.
4. Authorize the preparation of the purchase agreement for the Gethsemane Park land.
p:sec25\Gethsemane TIF Request 8 08
Attachments:
1. Chuck Ahl?s Memorandum for Park Acquisition
2. Location/Zoning Map
3. Site/Landscaping Plan
4. August 19, 2008 Memorandum from Springsted Incorporated
5. May 5, 2008 Memorandum from Springsted Incorporated
6. Tax Increment Financing Plan for TIF (Housing) District No. 1-9
7. Modification to the Development Program for Development District No. 1
8. Resolution Approving the Modification to the Development Program for Development District
No. 1
9. Gethsemane Senior Housing Market Study
10. July 14, 2008 City Council Minutes
11. July 2, 2008 Parks Commission Minutes
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AGENDA REPORT
TO
: City Council
FROM:
Charles Ahl, Acting City Manager
SUBJECT: Gethsemane Senior Housing: Park Acquisition Proposal
DATE: August 20, 2008
INTRODUCTION
Presbyterian Homes and Gethsemane Lutheran Church are proposing to develop 10 acres of their
private property with a 111-unit senior housing facility, south of the existing church. That 10-acre
parcel has been used under a lease agreement by the City for the past 28+ years as a City park. The
Church and development group have chosen to put their property to a reasonable use and their
proposal is being reviewed and considered as part of the development review process. The
Gethsemane development group is proposing that 6 of the 10 acres be considered part of the senior
housing proposal, while the remaining 4 acres are being offered for sale to the City as park land.
Preliminary negotiations have been completed and were considered by the Park Commission. The
City Council should consider whether to purchase these 4 acres and whether to proceed to authorize
the preparation and final negotiations for a purchase agreement.
SUMMARY of PROPOSAL
The park sale to the City is contingent upon approval of the development plan and Tax Increment
Financing based upon input from the representatives of the Gethsemane Church. Following is a
summary of a preliminary agreement that the Gethsemane/Presbyterian Homes development group
has reached with the City staff for consideration:
$ 806,000 Purchase price for 4 acres [the top appraised value]*
$ 4,000 Easement rights for parking on 80% of the parking area
$ 250,000 Estimated cost of improvements to the shared parking area
$ 200,000 Improvement costs to 4 acres
$1,260,000 TOTAL PROJECT COST
*
- The staff has used the higher of the appraisal values for purposes of review and discussion. Final
negotiations will determine whether the appraisal at $730,000 or $806,000 is used. The difference in appraisals
is based upon determinations of the exact property and extent of easements in the final plat. For the purposes of
this report, the higher value was used. No commitment of the higher value has been made.
Proposed Financing Plan
As part of the agreement, the Gethsemane/Presbyterian Homes development group would agree to
help finance the City park purchase and improvements as follows:
$ 366,000 PAC Charge [increased from $185,000]
$ 125,000 Assessment for 50% of parking lot improvements
$ 100,000 Assessment for 50% of park improvements
$ 591,000 TOTAL Gethsemane/Presbyterian Homes contribution
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GETHSEMANE PARK
PAGE TWO
Amount needed from City funds:
$ 669,000 [$1,260,000 - $591,000]
Proposed City Financing:
$ 125,000 Debt service match for parking lot improvements
$ 100,000 Debt service match for park improvements
$ 186,000 Debt service match for increased PAC charge
Existing PAC Funds
$ 258,000
$ 669,000 TOTAL City Contribution
Other Agreement Considerations
In addition to the financial considerations, the following are potential terms to an agreement:
Gethsemane offers to sell the property to the City on terms. The City could pay $200,000
down in the first year of the $810,000 purchase price with the remaining $610,000 spread over
five years at $120,000 per year at 6.5% interest with the final annual payment of $130,000.
[staff believes that this is not a portion of a financial agreement that would be beneficial to the
City, as we can borrow funds at lesser interest rates or have funds on hand that can be used
to avoid paying the 6.5% interest.]
The City would commit to developing the land into a soccer field and juvenile baseball
diamond; other park improvements as the City deems necessary.
Gethsemane would pay for the survey and lot split into two lots; with the development group
owning the Senior Housing lot and the City owning the park lot.
The parking lot improvements would be completed as part of a 2009 improvement project or at
the time the Senior Housing building is constructed. All future improvement costs for major
maintenance [reconstruction or major repairs, not normal plowing and sweeping] of the parking
area would be shared on a 50-50 basis. The regular maintenance of plowing, sweeping and
intermittent patching would be the responsibility of Gethsemane.
Gethsemane would reserve the right to approval of the parking lot usage and park usage
during school hours and soccer season [before June 10]. Gethsemane would reserve various
times for field use related to school activities to be coordinated with City staff annually prior to
July for the next school year.
Gethsemane will offer consideration for public usage, as coordinated through the City, for their
gymnasium at various non-school usage times.
Gethsemane will have no liability or responsibility for any accidents, injuries or the like which
might occur in connection with the City?s use of the parking lot for public purposes. A
certificate of insurance shall be provided to Gethsemane naming them as an additional
insured.
All terms are contingent upon approval of the senior housing development project by the
Maplewood City Council, including an agreed TIF.
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DISCUSSION
The proposed agreement is complex and involves numerous funding sources. The following
considerations are provided for discussion purposes:
1. Purchase Price of Park Land: There are a couple of appraisals for property. The original
asking price for the land was $936,000. The City hired an independent appraiser and
determined the value to be $730,000. A compromise price of $806,000 was discussed with
the representatives from Gethsemane; however, due to easement coverage and the final
layout of the site, the exact value is in the range of $730,000 to $806,000. This detail will be
finalized if authorization to purchase is approved by the Council. Gethsemane has agreed to
continue discussions for a price below $806,000. As a government agency, the City has a
responsibility to pay fair value for the land; otherwise, gifting and taking provisions need to be
considered. The other $4,000 has been the estimated value of the easement over 80% of the
existing parking lot. This was determined to be the fair value for the acquisition. Discussion
about the terms should not be on the value, but whether Gethsemane and the development
group helps to finance the purchase, which they are doing.
2. Development group contribution: Gethsemane is proposing to contribute $591,000 toward the
park improvements. Certainly, some of those contributions are normal to the development.
The PAC fee was originally calculated for this development at $185,000. That is a normal cost
and is not truly an outside contribution. They have agreed to a PAC charge of $366,000, and
thus the difference [$366,000 - $185,000 = $181,000] is a direct contribution to the park land
purchase. In effect, it reduces the land purchase price to $629,000 [$810,000 - $181,000].
3. Improvement costs: Gethsemane has agreed to pay for 50% of the improvements to the
parking lot and the park. The parking lot improvements are to their benefit as well as the City?s
benefits, so that is difficult to consider that a contribution. Their contribution to the park
improvements of $100,000 is somewhat offset by the benefit they receive through the school
for the usage as school facilities. It is joint benefit to both Gethsemane and the City.
4. City contribution: It is the staff recommendation that preservation of a park, albeit a smaller
park than currently existed through a beneficial [to the City] lease arrangement for the past
25+ years, should be a priority for this area of the community. The Park Commission agreed
on this priority. Park land is not going to be cheaper or easier to acquire than under this
proposal. Matching funds through debt service is available to the project, because
Gethsemane has agreed to the assessment as part of the overall senior housing project. This
is a method to have levy funds [which support the debt service] invested into parks and park
facilities. The debt service or levy funds of $411,000 [$125,000 + $100,000 +$186,000 as
matching funds] will result in approximately $30,000 in annual debt costs to the city for the
next 15 years. If TIF is granted and a developer agreement is executed, the project will begin
paying property taxes. Much of the taxes [90%] will go to a pay-as-you-go TIF arrangement
for market rate housing, while some underlying value taxes will begin to be received by the
City. The development group has agreed to make an annual payment to the City, called a
payment in lieu of taxes [PILOT] that will partially be dedicated to pay increased public safety
expenses. It is likely that after the PILOT and base taxes, that the $30,000 annual cost will net
out to approximately $25,000 in actual new expenses. This seems like a reasonable expense
for the City over the next 15 years to realize a priority. After the fifteen years, the TIF will have
ended [proposed to end after 10 years] and the bonds for debt service will have been paid,
and the development property will pay full value for the property taxes, which currently pays no
taxes. Again, from the staff perspective, this seems like a reasonably good expenditure for the
City. The usage of the $258,000 of existing PAC funds seems like a good investment of park
funds to achieve a priority and to allow for additional investment of outside funds. In effect, the
PAC fund is spending $258,000 for a $1.26 Million project.
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GETHSEMANE PARK
PAGE FOUR
5. Exclusive Church-School usage: this provision seems very reasonable to the staff, as the
proposed times for the school are not high demand times for the City usage leagues. We
have arrangements in other locations where schools enter into agreements for park / field
usage with little expense. The exchange of gymnasium usage for these exclusive rights
appears to be quite favorable to the City to expand our cooperation programs and limit capital
expenditures for gymnasium space. The final terms of this usage agreement will be worked
out should the overall development plan and park purchase be approved.
Park Commission Report
The Park Commission considered the purchase of this park land on July 2, 2008. The Commission
moved to:
Provide a positive recommendation to the City Council on the overall terms of a Park purchase
from the Gethsemane ? Presbyterian Homes Development group consistent with the proposed
terms as outlined in this staff report.
RECOMMENDATION
It is recommended that the City Council approve the overall terms of a Park purchase from the
Gethsemane ? Presbyterian Homes Development group consistent with the proposed terms as
outlined in this staff report, and direct the staff to prepare a Purchase Agreement for the property
following final negotiations with Gethsemane.
RCA
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Maplewood, Minnesota
Tax Increment Financing Plan
for
Tax Increment Financing (Housing)
District No.
1-9
Within Development District No. 1
(Gethsemane Senior Housing Project)
Dated: August 19, 2008
Prepared by:
SPRINGSTED INCORPORATED
380 Jackson Street, Suite 300
St. Paul, MN 55101-2887
(651) 223-3000
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TABLE OF CONTENTS
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 a Housing District..................................................... 1
F. Duration of the TIF District........................................................................................................................ 2
G. Property to be Included in the TIF District................................................................................................. 2
H. Property to be Acquired in the TIF District................................................................................................. 2
I. Specific Development Expected to Occur Within the TIF District.............................................................. 3
J. Findings and Need for Tax Increment Financing....................................................................................... 3
K. Estimated Public Costs............................................................................................................................. 4
L. Estimated Sources of Revenue................................................................................................................. 5
M. Estimated Amount of Bonded Indebtedness............................................................................................. 5
N. Original Net Tax Capacity......................................................................................................................... 5
O. Original Tax Capacity Rate....................................................................................................................... 5
P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment......................................... 6
Q. Use of Tax Increment................................................................................................................................ 7
R. Excess Tax Increment............................................................................................................................... 7
S. Tax Increment Pooling and the Five YearRule......................................................................................... 7
T. Limitation on Administrative Expenses...................................................................................................... 8
U. Limitation on Property Not Subject to Improvements - Four Year Rule..................................................... 8
V. Estimated Impact on Other Taxing Jurisdictions....................................................................................... 8
W. Prior Planned Improvements..................................................................................................................... 9
X. Development Agreements......................................................................................................................... 9
Y. Assessment Agreements.......................................................................................................................... 9
Z. Modifications of the Tax Increment FinancingPlan................................................................................... 10
AA. Administration of the Tax Increment FinancingPlan................................................................................. 10
AB. Financial Reporting and Disclosure Requirements..................................................... 11
Map of the Tax Increment Financing District....................................................................................... EXHIBIT I
Assumptions Report ......................................................................................................................?.. EXHIBIT II
Projected Tax IncrementReport......................................................................................................... EXHIBIT III
Estimated Impact on Other Taxing Jurisdictions Report...................................................................... EXHIBIT IV
Market Value Analysis Report............................................................................................................. EXHIBIT V
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City of Maplewood, Minnesota
Section A Definitions
The terms defined in this section have the meanings given herein, unless the context in which they are used indicates
a different meaning:
"City" means the City of Maplewood, Minnesota; also referred to as a "Municipality".
"City Council" means the City Council of the City of Maplewood; also referred to as the "Governing Body".
"County" means Ramsey County, Minnesota.
"Development District" means Municipal Development District No. 1 in the City, which is described in the
corresponding Development Program.
"Development Program" means the Development Program for the Development District.
"Project Area" means the geographic area of the Development District.
"School District" means Independent School District No. 622, Minnesota.
"State" means the State of Minnesota.
"TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive.
"TIF District" means Tax Increment Financing (Housing) District No. 1-9.
"TIF Plan" means the tax increment financing plan for the TIF District (this document).
Section B Statutory Authorization
See Section 1.3 of the Development Program for the Development District.
Section C Statement of Need and Public Purpose
See Section 1.4 of the Development Program for the Development District.
Section D Statement of Objectives
See Section 1.5 of the Development Program for the Development District.
Section E Designation of Tax Increment Financing District as a
Housing District
Housing districts are a type of tax increment financing district which consists of a project intended for occupancy, in
part, by persons or families of low and moderate income.Low and moderate income is defined in federal, state, and
municipal legislation. A project does not qualify if the square footage of the improvements, constructed for uses other
than low and moderate income housing are more than 20% of the total square footage of all the planned
improvements.
In addition, housing districts are subject to various income limitations and requirements for residential property. For
owner occupied residential property, 95% of the housing units must be initially purchased and occupied by individuals
whose family income is less than or equal to the income requirements for qualified mortgage bond projects under
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City of Maplewood, Minnesota
section 143(f) of the Internal Revenue Code. For residential rental property, the property must satisfy the income
requirements for a qualified residential rental project as defined in section 142(d) of the Internal Revenue Code.
The TIF District meets the above qualifications for these reasons:
1.The planned improvements consist of the following:
a.111 senior rental units, for which one of the following will apply:
at least 20% (22 units) of the rental units will be occupied by persons with incomes no greater than
o
50% of county median income,
at least 40% (44 units) of the rental units will be occupied by persons with incomes no greater than
o
60% of county median income,
2.No improvements are planned other than housing.
3.The City will require in the development agreement that the income limitations for owner-occupied units
apply to at least the initial buyers; and will require that the income limitations for all rental units apply for the
duration of the TIF District.
Tax increments derived from a housing district must be used solely to finance the cost of housing projects as defined
above. The cost of public improvements directly related to the housing projects and the allocated administrative
expenses of the Authority may be included in the cost of a housing project.
Section F Duration of the TIF District
Housing districts may remain in existence 25 years from the date of receipt of the first tax increment. Modifications of
this plan (see Section Z) shall not extend these limitations.
The City reserves the right to allow the TIF District to remain in existence the maximum duration allowed by law, but
anticipates decertifying the district in 2020 (see Section P). If the District is in existence the maximum duration it will
be through the year 2035 if no increment is received in 2009, if increment is received in 2009 it will be through 2034.
All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the City.
Section G Property to be Included in the TIF District
The TIF District is an approximately 6 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:
Parcel ID Number Legal Description
25-29-22-31-0032* Lot 1, Block 1, Gethsemane 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.
*The property is in the process of being replatted, with approximately 4 of the total 6 acres to be used for parkland,
and new parcel ID numbers were not available at the time this TIF Plan was created. The legal description is
representative of the property following the re-platting
Section H Property to be Acquired in the TIF District
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The City may acquire and sell any or all of the property located within the TIF District. The City anticipates acquiring
a portion of the 6 acres for parkland, but no increment will be used for the acquisition of this land. The City may use
TIF to reimburse the Developer for land acquisition costs incurred.
Section I Specific Development Expected to Occur Within the TIF District
The proposed development is expected to consist of a 111-unit senior housing facility including independent living,
assisted living, and memory care units. The proposed breakdown of units is as follows, 32 assisted living units, 18
memory care units and 61 independent living units, of the 61 independent units 23 (20% of total units) are proposed
to be reserved for persons of low and moderate income.The development will also include a ?town center? common
area, dining facility, day care and an underground parking garage, and is proposed to be constructed on 2 of the total
6 acres. The remaining 4 acres of the development site is proposed to be used by the City for parkland, with no tax
increment being expended on the acquisition or development of the park site.
The City anticipates using tax increment to finance a portion of the land acquisition and site improvement costs
associated with the development, as well as related administrative expenses.
Construction on the project is expected to being in 2008 and be fully completed in 2009. The project will be 100%
assessed and on the tax rolls as of January 2, 2010 for taxes payable in 2011.
At the time this document was prepared there were no signed construction contracts with regards to the above
described development.
Section J Findings and Need for Tax Increment Financing
In establishing the TIF District, the City makes the following findings:
(1) The TIF District qualifies as a housing district;
See Section E of this document for the reasons and facts supporting this finding.
(2) The proposed development, in the opinion of the City, would not reasonably be expected to occur
solely through private investment within the reasonably foreseeable future.
The proposed development is a senior rental housing project consisting of up to 111 assisted living,
memory care and independent living units in the City of Maplewood. The City has reviewed
information submitted by the proposed developer, showing that the cost of providing low to
moderate income housing makes the proposed development infeasible without public financial
assistance. Without the improvements the City has no reason to expect that significant
development of this type would occur without assistance similar to that provided in this plan.
Therefore the City has no reason to believe the development would not occur but-for tax increment
assistance.
The increased market value of the site that could reasonably be expected to occur without the use
of tax increment financing would be less than the increase in market value estimated to result from
the proposed development after subtracting the present value of the projected tax increments for
the maximum duration of the TIF District permitted by the TIF Plan:Without the improvements the
City has no reason to expect that significant redevelopment would occur without assistance similar
to that provided in this plan. Therefore, the City concludes as follows:
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 (except for a small amount for annual
appreciation of land value).
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b.If all development which is proposed to be assisted with tax increment were to occur in the
District, the total increase in market value would be approximately $17,979,738.
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 $1,390,678. (See Exhibit VI)
d.Even if some development other than the proposed development were to occur, the
Council finds that no alternative would occur that would produce a market value increase
greater than $16,589,060 (the amount in clause b less the amounts in clauses a and 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
development will occur on the site because of the extraordinary costs associated with
constructing affordable housing units. 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 conforms to the general plan for development or redevelopment of the City as a
whole; and
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.
(4) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a
whole, for the 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.
Section K Estimated Public Costs
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, Site
Improvements/Preparation Costs, and other $1,008,776
Eligible Improvements
Bond principal payments 0
Bond interest payments 0
Loan Principal payments 0
Loan Interest payments 0
Pooling for Affordable Housing 911,365
Administrative expenses 213,350
Total$2,133,491
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.
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Section L Estimated Sources of Revenue
Tax Increment revenue $2,133,491
Interest on invested funds 0
Bond proceeds 0
Loan proceeds 0
Grants0
Other 0
Total $2,133,491
The City anticipates providing financial assistance to the proposed development through the use of a pay-as-you-go
technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be
distributed to the developer/owner as reimbursement for 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.
Section M Estimated Amount of Bonded Indebtedness
The Authority does not anticipate issuing tax increment bonds to finance the estimated public costs of the TIF District,
but reserves the right to issue such bonds in an amount not to exceed $2,133,491.
Section N Original Net Tax Capacity
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, 2008, for taxes payable in 2010, is
$1,212,900, but the property is classified as exempt. Upon establishment of the TIF District, and subsequent
reassessment and reclassification of the property to rental, it is estimated that the original net tax capacity of the TIF
District will be approximately $15,956, based on an EMV of $1,276,500 as set by the sale price of the property.
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.
Section O Original Tax Capacity Rate
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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.
At the time this document was prepared, the sum of all local tax rates that apply to property in the TIF District, for
taxes levied in 2008 and payable in 2009, was not yet available. When this total becomes available, the County
Auditor shall certify this amount as the original tax capacity rate of the TIF District. For purposes of estimating the tax
increment generated by the TIF District, the final local tax rates for taxes levied in 2007 and payable in 2008, is
95.896% as shown below.
Final
2007/2008
Taxing JurisdictionLocal Tax Rate
City of Maplewood 30.800%
Ramsey County 44.023%
ISD # 622 20.426%
Other7.979%
Total103.228%
Section P Projected Retained Captured Net Tax Capacity and
Projected Tax Increment
The City anticipates that the project will be completed by December 31, 2009, creating a maximum total tax capacity
for TIF District No. 30 of $184,479 as of January 2, 2010. The captured tax capacity as of that date is estimated to be
$168,523 and the first full year of tax increment is estimated to be $173,962 payable in 2011. A complete schedule of
estimated increment from the TIF District is shown in Exhibit III.
The estimates shown in this TIF Plan assume that the housing development will be designated as rental property, and
that the class rate will be 1.25%, and assume 3% annual increases 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.
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.
Section Q Use of Tax Increment
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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
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.
Section R Excess Tax Increment
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.
Section S Tax Increment Pooling and the Five Year Rule
As permitted under Minnesota Statutes, Section 469.1763, subdivision 2(b) and subdivision 3(a)(5), any expenditures
of increment from the TIF District to pay the cost of a ?housing project? as defined in Minnesota Statutes, Section
469.174, subd. 11 will be treated as an expenditure within the district for the purposes of the ?pooling rules? and the
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?five year rule?. The City does not currently anticipate that tax increments will be spent outside the TIF District
(except allowable administrative expenses), but such expenditures are expressly authorized in this TIF Plan.
Section T Limitation on Administrative Expenses
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 proposed development within the TIF District;
(3) relocation benefits paid to, or services provided for, persons or businesses residing or located
within the TIF District; or
(4) amounts used to pay interest on, fund a reserve for, or sell at a discount, tax increment bonds.
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.
Section U Limitation on Property Not Subject to Improvements - Four Year Rule
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.
Section V Estimated Impact on Other Taxing Jurisdictions
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.
1.The total maximum amount of tax increment that will be generated over the life of the district is estimated to
be $2,141,198.
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2.To the extent the housing 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.
3.The maximum 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 $423,684.
4.The maximum 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 $913,143.
5.No additional information has been requested by the County or School District.
Section W Prior Planned Improvements
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.
Section X Development Agreements
If within a project containing a housing 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 anticipates entering into an agreement for development, but does not anticipate acquiring any property
located within the TIF District.
Section Y Assessment Agreements
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.
The City does not anticipate entering into an assessment agreement.
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Section Z Modifications of the Tax Increment Financing Plan
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.
Section AA Administration of the Tax Increment Financing Plan
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;
(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
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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.
Section AB Financial Reporting and Disclosure Requirements
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.
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Exhibit I
Map of Proposed TIF Plan within Development District
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Exhibit II
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Exhibit Exhibit V
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Springsted Incorporated
380 Jackson Street, Suite 300
Saint Paul, MN 55101-2887
Tel: 651-223-3000
Fax: 651-223-3002
www.springsted.com
MEMORANDUM
TO:Chuck Ahl, Acting City Manager
FROM:Paul Steinman, Vice President/Consultant
DATE: May 5,2008
SUBJECT: Gethsemane ? Tax Increment Financing Request
The purpose of this memo is to provide the results of our analysis of the Gethsemane Senior Housing, Inc. proposal
to construct a 111-unit senior housing facility including Independent Living, Assisted Living, and Memory Care units.
The development proposal includes a request from the owner for tax increment financing assistance equal to 90% of
the tax increment generated through the term of the District, or approximately $5.96M. Our analysis consists of:
a)Testing the Developers rate of return both with and without assistance
b)Assisting in determining a reasonable level of assistance
1) Development Proposal Analysis
This section outlines the financial components of the developer?s proposal to construct the 111-unit senior housing
facility on approximately 6 acres of land immediately south of Gethsemane Lutheran Church and School.
Approximately 4 of the 6 acres may be utilized as parkland. The developer estimates the total cost of the project to
be $18.6M and has requested $5.96M of tax increment financing assistance.
Springsted conducted an analysis to determine the amount of tax increment that would be generated from the
project. The annual amount of gross tax increment in the first full year of taxes is projected to be $122,826. This
annual tax increment number is based upon a final market value of $14,434,502, which consists of the following
value estimates for taxes payable 2011:
Land $1,276,500
Building $14,434,502
Total $15,711,002
To calculate tax increment, we are using an assumption that 75% of the value of the project is constructed in 08, and
the remaining 25% of the value is constructed in 09 for the first full year of taxes payable in 2011.
Our assumptions also include a 3% annual market value inflator, which increases the estimate of tax increment so
that in the final 26 year of the term, the annual amount of gross tax increment is estimated to be $370,717. The
th
base value is the value of the land prior to construction of the improvement. This value, when taxed, does not
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generate increment. The property tax dollars generated from the base value of the property are provided to each
taxing jurisdiction based upon its respective tax rate. The proposed site is currently tax-exempt, providing no
property taxes to the jurisdictions. Upon sale of the property and certification of a TIF District, we assume the base
value to be at least equal to the purchase price of $1,276,500. Assuming the applicable residential tax classification
rate, and using assess 07/pay 08 tax rates, this value is estimated to generate non-TIF property tax revenues of
$5,000 to the City?s general fund.
This project is proposed to be a housing project under the tax increment law in Minnesota. You may be aware there
are a multitude of different types of tax increment financing (TIF) districts. In a housing district such as this one being
proposed, the Developer is required to meet specific guidelines of affordability for the units being constructed. In this
proposal, the Developer has indicated he will agree to retain a minimum of 20% of the units at rent/income restricted
levels starting at $740/month (2008) for a one bedroom.
The Developer requests tax increment in the form of a pay-as-you-go. This concept means that the Developer
finances 100% of the project costs to get the project built, then as increment is annually generated from the project, it
is essentially rebated to the developer. This mechanism minimizes the City?s exposure because it is not required to
sell bonds to provide the assistance. It provides even greater protection to the City because generally the Developer
will only get an annual payment of tax increment if such tax increment has been generated, which means the project
has to have been constructed and assessed at the expected value. The sources of funds shown in the table below
do not show TIF because it is only proposed to be provided annually as the project generates tax increment.
The Developer?s sources and uses of funds are as follows:
Sources of Funds TotalUses of Funds Total
First Mortgage Amount 17,185,650 Land Acquisition 1,276,500
Equity 1,500,000 Hard Costs (Construction) 13,158,002
SoftCosts 1,989,330
Finance Costs 1,733,595
Development Fee528,223
Total18,685,650 Total18,685,650
The Developer has proposed a ?developer payment? of $8,000 per year through the term of the District, to defray
costs that the City may incur related to providing services to the new facility. This developer payment, plus our
estimate of approximately $5,000 annually generated from the base value of the property, equals $13,000 per year
that the City will receive related to this development, until the TIF District is decertified, at which time 100% of the
property taxes will be provided to the taxing jurisdictions.
2) But-For Analysis
The but-for test is used to determine whether or not a project will proceed as proposed without the use of public
dollars. To complete this analysis we examined two 10-year rental project pro-formas, one showing a result if the
developer receives the subsidy and one showing a result if the developer does not receive a subsidy. The following
assumptions and parameters were used in the proformas:
Revenues and expenses provided by developer
Average monthly rental rates provided by developer
5% vacancy rate provided by developer
Equity investment of $1,500,000, or 8% of total project costs
Springsted?s tax increment numbers
Springsted has reviewed the information provided by the developer and finds it generally reasonable for a project of
this size and scope in the current market.
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Springsted performed an industry standard analysis using the Internal Rate of Return mechanism to estimate the
proposed project?s rate of return.
Internal Rate of Return (IRR)
measures the average annual yield on an investment, and
o
considers the time value of money
o
The following table summarizes the results of the IRR analysis:
Without Assistance With Assistance
Internal Rate of Return (year 11) 11.28% 20.49%
Total assistance through year 11 $0$1,920,533
Our methodology is to measure the project?s financial performance with and without the assistance in order to
address the but-for analysis, which tests whether the project will proceed ?but-for? the subsidy. Should the IRR lie
below a reasonable range without a subsidy, we believe that a Developer, attempting to make a reasonable return on
the project, will not proceed without such subsidy. Should the IRR lie within a reasonable range with the subsidy, we
believe the amount of subsidy tested is appropriate for the project. The number of current and future variables
affecting these estimates and actual results are great. As such, all estimates should be viewed as general indicators
of performance and not exact forecasts.
Without assistance, the project is estimated to generate an IRR of 11.28% in 2020. Using identical assumptions,
with
the TIF assistance, we calculated the project would generate an IRR of 20.49% in 2020. The calculation of the IRR
includes a hypothetical sale of the building in year 11 (2020), and considers the value of any future tax increment
beyond 2020, in order to provide a comprehensive result.
The developer assumes the facility will be fully rented (95%) within three years. In the first partial year of operation
(2009), we estimate the overall project revenues to be less than expenses, with a negative operating cash flow as a
result. However, the margin is projected to be better in the second year, with projected operating cash flows of
$140,334 without assistance, and $250,480 with assistance. The operating cash flow, in both scenarios, is projected
to be solid and growing through the remaining years of the project. It is important to note that although the project
has positive cash flow beginning in year 2, it does not provide the necessary Debt Service Coverage to attract private
financing.
Debt Service Coverage (DSR)
a ratio used to determine the percentage of annual debt payments that are covered by operating
o
income
Without assistance, the DSR is as follows:
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
1.15 1.15 1.18 1.22 1.26 1.291.33 1.37 1.41 1.46 1.50
With assistance, the DSR is as follows:
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
1.26 1.31 1.35 1.39 1.43 1.481.52 1.57 1.62 1.67 1.72
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It is reasonable to assume that a minimum DSR of 1.35 to 1.40 in the third full year of operation (2012) is necessary
in order to attract the private financing to the deal. Put another way, the private financier requires there to be $1.35
to $1.40 of net cash flow available for each $1.00 of debt service. As can be seen in the table showing no
assistance, this is not achieved until 2017/2018, but with assistance is achieved in 2012 and increases substantially
beyond the necessary coverage in the following years.
3) Alternative Proposal
As the Developer and City staff discussed the results of our initial analysis, it was evident the amount of assistance
would need to be reduced to keep the project numbers more in line with what may be considered reasonable in the
current market. This alternative proposal differs from the original in the following ways:
Reduces the number of years of TIF from 26 to 10 (decertify the District after 10 payments)
Reduces the amount of TIF from $5.96M to $1M
Maintains a minimum threshold DSC of 1.35 to 1.40
Gradually reduces the % of annual TIF provided
Developer achieves a reasonable IRR with assistance of 15.13%
The table below illustrates the alternative concept:
The Developer generally agrees that this alternative would work for their project.
4) Conclusion
We conclude from our analysis that it is unlikely the project will go forward without an additional source of funds. It
was suggested to the Developer that additional equity could fill the gap; however, they indicated they are not
interested in pursuing that option for the following reasons:
1)The current amount of equity is already in excess of normal equity requirements for similar
projects of this size and scope
2)The Developer feels additional equity attracted to this project would only be at the expense of
similar projects currently being considered in and around the metropolitan area.
Our conclusion is based in part on the financing markets and the fact they are significantly tightening their loan
requirements due to market flux. Up to a couple of years ago, this project would likely have had to only reach and
sustain a DSC of 1.25% in order to attract private financing.
5) Next Steps
Should the Council elect to move forward with creating a TIF Plan for consideration at a public hearing on July 14
(proposed), it should be noted that tonight?s action is not a vote of approval for the proposed TIF subsidy. Such
action only provides authorization to create a TIF Plan, which will be presented at the public hearing. Adopting a TIF
Plan after the public hearing also does not grant TIF, it simply provides the Council the authorization to use TIF if an
agreement to do so can be successfully negotiated with the Developer. Should the Council move forward with
authorizing a TIF Plan in anticipation of a public hearing on July 14, it is recommended they also authorize staff, Mary
Ippel of Briggs & Morgan, and Springsted, to begin negotiating the TIF Development Agreement. It is most efficient
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Page 5
for the Council to consider the TIF Development Agreement at the same time as they are considering the TIF Plan
(July 14).
Thank you for the opportunity to be of assistance to the City of Maplewood. Please contact me at (651) 223-3000 or
, with any questions or comments.
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Maplewood, Minnesota
Tax Increment Financing Plan
for
Tax Increment Financing (Housing)
District No.
1-9
Within Development District No. 1
(Gethsemane Senior Housing Project)
Dated: August 19, 2008
Prepared by:
SPRINGSTED INCORPORATED
380 Jackson Street, Suite 300
St. Paul, MN 55101-2887
(651) 223-3000
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TABLE OF CONTENTS
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 a Housing District..................................................... 1
F. Duration of the TIF District........................................................................................................................ 2
G. Property to be Included in the TIF District................................................................................................. 2
H. Property to be Acquired in the TIF District................................................................................................. 2
I. Specific Development Expected to Occur Within the TIF District.............................................................. 3
J. Findings and Need for Tax Increment Financing....................................................................................... 3
K. Estimated Public Costs............................................................................................................................. 4
L. Estimated Sources of Revenue................................................................................................................. 5
M. Estimated Amount of Bonded Indebtedness............................................................................................. 5
N. Original Net Tax Capacity......................................................................................................................... 5
O. Original Tax Capacity Rate....................................................................................................................... 5
P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment......................................... 6
Q. Use of Tax Increment................................................................................................................................ 7
R. Excess Tax Increment............................................................................................................................... 7
S. Tax Increment Pooling and the Five YearRule......................................................................................... 7
T. Limitation on Administrative Expenses...................................................................................................... 8
U. Limitation on Property Not Subject to Improvements - Four Year Rule..................................................... 8
V. Estimated Impact on Other Taxing Jurisdictions....................................................................................... 8
W. Prior Planned Improvements..................................................................................................................... 9
X. Development Agreements......................................................................................................................... 9
Y. Assessment Agreements.......................................................................................................................... 9
Z. Modifications of the Tax Increment FinancingPlan................................................................................... 10
AA. Administration of the Tax Increment FinancingPlan................................................................................. 10
AB. Financial Reporting and Disclosure Requirements..................................................... 11
Map of the Tax Increment Financing District....................................................................................... EXHIBIT I
Assumptions Report ......................................................................................................................?.. EXHIBIT II
Projected Tax IncrementReport......................................................................................................... EXHIBIT III
Estimated Impact on Other Taxing Jurisdictions Report...................................................................... EXHIBIT IV
Market Value Analysis Report............................................................................................................. EXHIBIT V
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City of Maplewood, Minnesota
Section A Definitions
The terms defined in this section have the meanings given herein, unless the context in which they are used indicates
a different meaning:
"City" means the City of Maplewood, Minnesota; also referred to as a "Municipality".
"City Council" means the City Council of the City of Maplewood; also referred to as the "Governing Body".
"County" means Ramsey County, Minnesota.
"Development District" means Municipal Development District No. 1 in the City, which is described in the
corresponding Development Program.
"Development Program" means the Development Program for the Development District.
"Project Area" means the geographic area of the Development District.
"School District" means Independent School District No. 622, Minnesota.
"State" means the State of Minnesota.
"TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive.
"TIF District" means Tax Increment Financing (Housing) District No. 1-9.
"TIF Plan" means the tax increment financing plan for the TIF District (this document).
Section B Statutory Authorization
See Section 1.3 of the Development Program for the Development District.
Section C Statement of Need and Public Purpose
See Section 1.4 of the Development Program for the Development District.
Section D Statement of Objectives
See Section 1.5 of the Development Program for the Development District.
Section E Designation of Tax Increment Financing District as a
Housing District
Housing districts are a type of tax increment financing district which consists of a project intended for occupancy, in
part, by persons or families of low and moderate income.Low and moderate income is defined in federal, state, and
municipal legislation. A project does not qualify if the square footage of the improvements, constructed for uses other
than low and moderate income housing are more than 20% of the total square footage of all the planned
improvements.
In addition, housing districts are subject to various income limitations and requirements for residential property. For
owner occupied residential property, 95% of the housing units must be initially purchased and occupied by individuals
whose family income is less than or equal to the income requirements for qualified mortgage bond projects under
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section 143(f) of the Internal Revenue Code. For residential rental property, the property must satisfy the income
requirements for a qualified residential rental project as defined in section 142(d) of the Internal Revenue Code.
The TIF District meets the above qualifications for these reasons:
1.The planned improvements consist of the following:
a.111 senior rental units, for which one of the following will apply:
at least 20% (22 units) of the rental units will be occupied by persons with incomes no greater than
o
50% of county median income,
at least 40% (44 units) of the rental units will be occupied by persons with incomes no greater than
o
60% of county median income,
2.No improvements are planned other than housing.
3.The City will require in the development agreement that the income limitations for owner-occupied units
apply to at least the initial buyers; and will require that the income limitations for all rental units apply for the
duration of the TIF District.
Tax increments derived from a housing district must be used solely to finance the cost of housing projects as defined
above. The cost of public improvements directly related to the housing projects and the allocated administrative
expenses of the Authority may be included in the cost of a housing project.
Section F Duration of the TIF District
Housing districts may remain in existence 25 years from the date of receipt of the first tax increment. Modifications of
this plan (see Section Z) shall not extend these limitations.
The City reserves the right to allow the TIF District to remain in existence the maximum duration allowed by law, but
anticipates decertifying the district in 2020 (see Section P). If the District is in existence the maximum duration it will
be through the year 2035 if no increment is received in 2009, if increment is received in 2009 it will be through 2034.
All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the City.
Section G Property to be Included in the TIF District
The TIF District is an approximately 6 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:
Parcel ID Number Legal Description
25-29-22-31-0032* Lot 1, Block 1, Gethsemane 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.
*The property is in the process of being replatted, with approximately 4 of the total 6 acres to be used for parkland,
and new parcel ID numbers were not available at the time this TIF Plan was created. The legal description is
representative of the property following the re-platting
Section H Property to be Acquired in the TIF District
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The City may acquire and sell any or all of the property located within the TIF District. The City anticipates acquiring
a portion of the 6 acres for parkland, but no increment will be used for the acquisition of this land. The City may use
TIF to reimburse the Developer for land acquisition costs incurred.
Section I Specific Development Expected to Occur Within the TIF District
The proposed development is expected to consist of a 111-unit senior housing facility including independent living,
assisted living, and memory care units. The proposed breakdown of units is as follows, 32 assisted living units, 18
memory care units and 61 independent living units, of the 61 independent units 23 (20% of total units) are proposed
to be reserved for persons of low and moderate income.The development will also include a ?town center? common
area, dining facility, day care and an underground parking garage, and is proposed to be constructed on 2 of the total
6 acres. The remaining 4 acres of the development site is proposed to be used by the City for parkland, with no tax
increment being expended on the acquisition or development of the park site.
The City anticipates using tax increment to finance a portion of the land acquisition and site improvement costs
associated with the development, as well as related administrative expenses.
Construction on the project is expected to being in 2008 and be fully completed in 2009. The project will be 100%
assessed and on the tax rolls as of January 2, 2010 for taxes payable in 2011.
At the time this document was prepared there were no signed construction contracts with regards to the above
described development.
Section J Findings and Need for Tax Increment Financing
In establishing the TIF District, the City makes the following findings:
(1) The TIF District qualifies as a housing district;
See Section E of this document for the reasons and facts supporting this finding.
(2) The proposed development, in the opinion of the City, would not reasonably be expected to occur
solely through private investment within the reasonably foreseeable future.
The proposed development is a senior rental housing project consisting of up to 111 assisted living,
memory care and independent living units in the City of Maplewood. The City has reviewed
information submitted by the proposed developer, showing that the cost of providing low to
moderate income housing makes the proposed development infeasible without public financial
assistance. Without the improvements the City has no reason to expect that significant
development of this type would occur without assistance similar to that provided in this plan.
Therefore the City has no reason to believe the development would not occur but-for tax increment
assistance.
The increased market value of the site that could reasonably be expected to occur without the use
of tax increment financing would be less than the increase in market value estimated to result from
the proposed development after subtracting the present value of the projected tax increments for
the maximum duration of the TIF District permitted by the TIF Plan:Without the improvements the
City has no reason to expect that significant redevelopment would occur without assistance similar
to that provided in this plan. Therefore, the City concludes as follows:
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 (except for a small amount for annual
appreciation of land value).
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b.If all development which is proposed to be assisted with tax increment were to occur in the
District, the total increase in market value would be approximately $17,979,738.
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 $1,390,678. (See Exhibit VI)
d.Even if some development other than the proposed development were to occur, the
Council finds that no alternative would occur that would produce a market value increase
greater than $16,589,060 (the amount in clause b less the amounts in clauses a and 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
development will occur on the site because of the extraordinary costs associated with
constructing affordable housing units. 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 conforms to the general plan for development or redevelopment of the City as a
whole; and
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.
(4) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a
whole, for the 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.
Section K Estimated Public Costs
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, Site
Improvements/Preparation Costs, and other $1,008,776
Eligible Improvements
Bond principal payments 0
Bond interest payments 0
Loan Principal payments 0
Loan Interest payments 0
Pooling for Affordable Housing 911,365
Administrative expenses 213,350
Total$2,133,491
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.
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Section L Estimated Sources of Revenue
Tax Increment revenue $2,133,491
Interest on invested funds 0
Bond proceeds 0
Loan proceeds 0
Grants0
Other 0
Total $2,133,491
The City anticipates providing financial assistance to the proposed development through the use of a pay-as-you-go
technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be
distributed to the developer/owner as reimbursement for 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.
Section M Estimated Amount of Bonded Indebtedness
The Authority does not anticipate issuing tax increment bonds to finance the estimated public costs of the TIF District,
but reserves the right to issue such bonds in an amount not to exceed $2,133,491.
Section N Original Net Tax Capacity
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, 2008, for taxes payable in 2010, is
$1,212,900, but the property is classified as exempt. Upon establishment of the TIF District, and subsequent
reassessment and reclassification of the property to rental, it is estimated that the original net tax capacity of the TIF
District will be approximately $15,956, based on an EMV of $1,276,500 as set by the sale price of the property.
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.
Section O Original Tax Capacity Rate
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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.
At the time this document was prepared, the sum of all local tax rates that apply to property in the TIF District, for
taxes levied in 2008 and payable in 2009, was not yet available. When this total becomes available, the County
Auditor shall certify this amount as the original tax capacity rate of the TIF District. For purposes of estimating the tax
increment generated by the TIF District, the final local tax rates for taxes levied in 2007 and payable in 2008, is
95.896% as shown below.
Final
2007/2008
Taxing JurisdictionLocal Tax Rate
City of Maplewood 30.800%
Ramsey County 44.023%
ISD # 622 20.426%
Other7.979%
Total103.228%
Section P Projected Retained Captured Net Tax Capacity and
Projected Tax Increment
The City anticipates that the project will be completed by December 31, 2009, creating a maximum total tax capacity
for TIF District No. 30 of $184,479 as of January 2, 2010. The captured tax capacity as of that date is estimated to be
$168,523 and the first full year of tax increment is estimated to be $173,962 payable in 2011. A complete schedule of
estimated increment from the TIF District is shown in Exhibit III.
The estimates shown in this TIF Plan assume that the housing development will be designated as rental property, and
that the class rate will be 1.25%, and assume 3% annual increases 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.
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.
Section Q Use of Tax Increment
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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
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.
Section R Excess Tax Increment
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.
Section S Tax Increment Pooling and the Five Year Rule
As permitted under Minnesota Statutes, Section 469.1763, subdivision 2(b) and subdivision 3(a)(5), any expenditures
of increment from the TIF District to pay the cost of a ?housing project? as defined in Minnesota Statutes, Section
469.174, subd. 11 will be treated as an expenditure within the district for the purposes of the ?pooling rules? and the
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?five year rule?. The City does not currently anticipate that tax increments will be spent outside the TIF District
(except allowable administrative expenses), but such expenditures are expressly authorized in this TIF Plan.
Section T Limitation on Administrative Expenses
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 proposed development within the TIF District;
(3) relocation benefits paid to, or services provided for, persons or businesses residing or located
within the TIF District; or
(4) amounts used to pay interest on, fund a reserve for, or sell at a discount, tax increment bonds.
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.
Section U Limitation on Property Not Subject to Improvements - Four Year Rule
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.
Section V Estimated Impact on Other Taxing Jurisdictions
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.
1.The total maximum amount of tax increment that will be generated over the life of the district is estimated to
be $2,141,198.
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2.To the extent the housing 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.
3.The maximum 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 $423,684.
4.The maximum 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 $913,143.
5.No additional information has been requested by the County or School District.
Section W Prior Planned Improvements
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.
Section X Development Agreements
If within a project containing a housing 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 anticipates entering into an agreement for development, but does not anticipate acquiring any property
located within the TIF District.
Section Y Assessment Agreements
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.
The City does not anticipate entering into an assessment agreement.
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City of Maplewood, Minnesota
Section Z Modifications of the Tax Increment Financing Plan
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.
Section AA Administration of the Tax Increment Financing Plan
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;
(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
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City of Maplewood, Minnesota
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.
Section AB Financial Reporting and Disclosure Requirements
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.
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Exhibit I
Map of Proposed TIF Plan within Development District
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Exhibit II
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Exhibit Exhibit V
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MODIFICATION TO THE
DEVELOPMENT PROGRAM
FOR
DEVELOPMENT DISTRICT NO. 1
CITY OF MAPLEWOOD, MINNESOTA
ADOPTED: August 25, 2008
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: 85 East Seventh Place, Suite 100
St. Paul, Minnesota 551012
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TABLE OF CONTENTS
Page
SECTION I DEVELOPMENT 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
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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.
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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.
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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 and August 25, 2008. 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:
(a) It will discourage commerce, industry or manufacturing from moving their operations
to another municipality; or
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(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 any of 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
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.
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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 plans will 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 of Minnesota requires
active promotion, attraction, encouragement and development of economically sound industry
and commerce to carry out its stated public purpose objectives.
1.3.Statutory 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 nine housing districts as the
types of tax increment financing district described in Section 469.174, Subd. 11 for Housing
District No. 1-1, Housing District No. 1-2, 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 and Housing District No. 1-9 and has established five 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 and Economic
Development District No. 1-5.
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
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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.
(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 order to better enable such
entities to pay for governmental services and programs required to be provided by them.
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(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 all project activities pursuant
to the statute and in doing so, anticipates that the following may, but are not required to be
undertaken:
(a)The making of studies, planning, and informal activities relating to the
Development Program.
(b)The implementation and 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;
(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;
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(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 Maplewood will 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.
(e)The preparation of property for use including demolition of structures,
clearance of sites, placement of fill, and installation of utilities.
(f)The resale of property to developers.
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(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 not present significant environmental concerns. All municipal
actions, public improvements and private development shall be carried out in a manner
consistent with existing environmental standards.
1.10.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;
(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;
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(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, that such 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 City intends 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
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.
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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 developed by 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.
(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.
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(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).
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 predicted at
this time.
12
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Exhibit A
Boundaries of Development District No. 1
Consists of the entire corporate boundaries of the City of Maplewood.
A-1
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EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA
HELD: August 25, 2008
Pursuant to due call and notice thereof, a regular meeting of the City Council of
the City of Maplewood, Ramsey County, Minnesota, was duly called and held on the 25th day of
August, 2008, at 7:00 p.m.
The following members of the Council were present:
and the following were absent:
Councilmember ______________________ introduced the following resolution
and moved its adoption:
RESOLUTION __________
RESOLUTION APPROVING THE MODIFICATION TO THE DEVELOPMENT PROGRAM
FOR DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING
TAX INCREMENT FINANCING (HOUSING) DISTRICT NO. 1-9 AND
APPROVING THE TAX INCREMENT FINANCING PLAN THEREFOR WITHIN
DEVELOPMENT DISTRICT NO. 1
WHEREAS:
A. WHEREAS, there is a proposal to modify the Development Program for
Development District No. 1, and establish Tax Increment Financing (Housing) District No. 1-9
(?Housing District No. 1-9?) 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. WHEREAS, the proposed Modification to the Development Program for
Development District No. 1 (the ?Modification?), and the proposed Tax Increment Financing
Plan for Housing District No. 1-9 (the ?Tax Increment Financing Plan?) have been prepared; and
C. The City has performed all actions required by law to be performed prior to the
establishment of Development District No. 1 and Housing District No. 1-9 therein, and the
adoption of the modified development program and proposed tax increment financing plan
therefor, including, but not limited to, notification of Ramsey County and Independent School
District No. 622 having taxing jurisdiction over the property to be included in Housing District
No. 1-9 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, Minnesota as follows:
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1.Modification Findings. The City finds, determines and declares that with respect
to the Modification:
(a)The City is not modifying the boundaries of Development District No. 1
but is, however, modifying the Development Program to allow for the increased costs associated
with Housing District No. 1-9 as described in the Modification.
2.Development Program
. The Development Program for the Development District
as modified pursuant to the Modification, a copy of which is on file in the office of the City
Clerk, is adopted as the development program for the Development District
3.Housing District No. 1-9. There is established in the City of Maplewood within
Development District No. 1 a Tax Increment Financing District, the initial boundaries of which
are fixed and determined as described in the Tax Increment Financing Plan.
4.Tax Increment Financing Plan. The Tax Increment Financing Plan is adopted as
the tax increment financing plan for Housing District No. 1-9, and the City Council makes the
following findings:
(a)Housing District No. 1-9 is a housing district as defined in Minnesota
Statutes, Section 469.174, Subd. 11, the specific basis for such determination being that the 111
unit senior rental housing facility project will provide safe, decent, affordable, sanitary housing
for senior residents of the city and it will result in the preservation and enhancement of the tax
base of the State.
(b)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 because
of prohibitive costs relative to rental revenues for low and moderate
income senior housing units. It is necessary to finance these development
activities through the use of tax increment financing so that development
of affordable senior housing and other development by private enterprise
will occur within Development District No. 1.
(ii)A comparative analysis of estimated market values both with and without
establishment of Housing District No. 1-9 and the use of tax increments
has been performed as described above. Such analysis is found in Exhibit
V of the Tax Increment Financing 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 Housing District No. 1-9 and the use of tax increments.
(c)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
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Housing District No. 1-9 permitted by the Tax Increment Financing 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, and a small amount
attributable to appreciation in land value;
(ii)The estimated increase in the market value that will result from the
development to be assisted with tax increment financing is $17,979,738;
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
$1,390,961.
(d)The Tax Increment Financing Plan for Housing District No. 1-9 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) Housing District No. 1-9 is properly zoned; and
(ii) The Tax Increment Financing Plan will generally complement and serve to
implement policies adopted by the City.
(e)The Tax Increment Financing Plan will afford maximum opportunity,
consistent with the sound needs of the City of Maplewood as a whole, for the development or
redevelopment of Development District No. 1 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 Development District No. 1.
5.Public Purpose. The adoption of the Modification to the Development Program
for Development District No. 1, and the adoption of the Tax Increment Financing Plan for
Housing District No. 1-9 therein conform in all respects to the requirements of the Act and will
help fulfill a need to develop an area of the State which is already built up to provide
employment opportunities and provide safe, decent, sanitary housing for all residents of the city
to improve the tax base and to improve the general economy of the State and thereby serves a
public purpose.
6.Certification. The Auditor of Ramsey County is requested to certify the original
net tax capacity of Housing District No. 1-9 as described in Tax Increment Financing 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 Clerk 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 Housing District No. 1-9 for which
building permits have been issued during the 18 months immediately preceding the adoption of
this Resolution.
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7.Filing. The City Clerk is further authorized and directed to file a copy of the
Development Program and Tax Increment Financing Plan for Housing District No. 1-9 with the
Commissioner of Revenue and the Office of the State Auditor.
8.Administration. The administration of Development District No. 1 is assigned to
the City Clerk 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
councilmember _______________ 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.
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STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting Clerk 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 called and held on the date therein indicated, insofar as such minutes relate to the
modification of Development District No. 1 and the establishment of Housing District No. 1-9
therein in the City.
WITNESS my hand this ____ day of August, 2008.
________________________________
City Clerk
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MMR
ARKETANAGEREPORT
PIFR
HASEEASIBILITYEPORT
EDI
MR
ARKETESEARCH
M
APLEWOOD
Minnesota
PB:
REPAREDY
AB-SB
LLENLACKCOTTLACK
2845HA.N,S#100
AMLINEVEUITE
S.P,MN55113
TAUL
651.631.6310
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Market Manager Contents
Report Overview.............................................................................................Page 3
Purpose of Report?????????????????.....4
??????????????????...
Definitions5
Executive Summary?????????????????.7
Primary Market Demographic Reports........................................................Page 8
Primary Market Area Demographic Summary??????9
Map ? PMA ????????????????????..10
Population Trends?????????????????....11
Demographic Summary 2007?.???????????....12
Demographic Summary..??????????????....13
Income and Household Trends????????????..14
Incomes by Age???????????????????17
Regional Market Area Demographic Maps.................................................Page 18
How the Primary Market Area Compares???????..19
Demographic Variable Maps??????.??.pages 20-25
Competitive Inventory....................................................................................Page 26
Competitive Inventory????????????????.27
Competitive Inventory Map?????????????...28
Quantitative Market Analysis of Projected Demand..................................Page 29
Methodology??????????..????????.?..30
Qualitative Factor Adjustments???????????....33
Target Market Income????????????????.34
Senior Apartments Demand ..........................................................................Page 35
Income Qualified Households?????????????36
Demand Analysis Senior Apartments?????????...37
Rate Sensitivity??????????????????.....38
Independent Living.........................................................................................Page 39
Income Qualified Households?????????????40
Demand Analysis CCRC ???????????????41
Rate Sensitivity??????????????????.....42
Assisted Living Market Demand....................................................................Page 43
Income Qualified Households?????????????44
Assisted Living Potential?????????????????..45
Assisted Living Demand Analysis???????????.46
Rate Sensitivity???????????????????.47
Alzheimer?s/Dementia Care Demand...........................................................Page 48
Income Qualified Households?????.??????......49
Alzheimer?s/Dementia Demand Analysis????.???...50
Rate Sensitivity???????????????????.51
Skilled Nursing Care Market Demand.........................................................Page 53
Skilled Nursing Net Demand???????......................54
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2
REPORT OVERVIEW
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3
Purpose of the Report
The Market Manager report is designed as a preliminary management tool to forecast
the potential for assisted living, independent living, and nursing home units in a specific
location. The report does not eliminate the need for full comprehensive market analysis
but provides valuable information in the progressive process of project development.
The report contains the following:
Geodemographic maps of economic factors influencing project successes
Geodemographic maps of senior population, household and income
characteristics
Limited senior provider identification
Primary market definition map
Key census demographics
5 Year demographic trends
5 Year senior age by income
Demand analysis for independent senior living
Demand analysis for assisted living
Demand analysis for nursing homes
Origin of information
Primary Market Area
This report identifies the market area where 60-80 percent of the expected customers
will originate. This primary market is then used to collect basic information about the
total counts of existing nursing home, assisted living, and independent living units. The
report incorporates this sponsor-supplied information into demographic data and
therefore the validity of the report is based on the accuracy of the client-supplied
information.
Competitive Inventory
EDI staff has performed a basic market inventory compilation using primary and
secondary sources of information. While every effort has been made to complete the
inventory accurately, a full study is necessary to verify and further detail the competitive
environment.
Price Structure
The targeted monthly rates are based on either client provided information or by
applying EDI estimates of typical industry entry point rates by classification.
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4
DEFINITIONS
A
S
ENIORPARTMENTS
Multifamily residential rental properties, restricted to adults at least 55 years of age
or older. These properties do not have central living facilities, and do not provide
meals to residents, but may offer community rooms, social activities, and other
amenities.
Independent Living Communities
Age-restricted multifamily rental properties with central dining facilities that
provide residents, as part of their monthly fee, access to meals and other services
such as housekeeping, linen service transportation and social and recreational
activities. Such properties do not provide, in a majority of the units, assistance
with activities of daily living (ADL?s) such as supervision of medication, bathing,
dressing toileting, etc. There are no licensed skilled nursing in the property.
ALR
SSISTEDIVINGESIDENCES
State Regulated rental properties that provide the same services as independent
living communities, but also provide, in a majority of the units, supportive care
from trained employees to residents who are unable to live independently and
require assistance with activities of daily living (ADL?s) including management of
medications, bathing, dressing, toileting, ambulating and eating. These properties
may have some nursing beds, but a majority of units are licensed for assisted
living. Many of these properties include wings or floors dedicated to residents
with Alzheimer?s or other forms of dementia. A property that specializes in the
care of residents with Alzheimer?s or other forms of dementia that is not a licensed
nursing facility should be considered an assisted living property.
A?/D
LZHEIMERSEMENTIA
Memory care programs typically offer service to individuals with cognitive
impairments such as Alzheimer?s, Parkinson?s etc. and require 24 hours
supervision and support. Typically these programs provide a secure or locked
environment and may be freestanding or part of a campus based continuum of care.
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5
SC
KILLEDARE
Licensed daily rate or rental properties that are technically referred to as skilled
nursing (SNF) or nursing facilities (NF) where the majority of individuals require
24-hour nursing and/or medical care. In most cases, these properties are licensed
for Medicaid and/or Medicare reimbursement. These properties may include a
minority of assisted living and or Alzheimer?s/dementia units.
C/CCRC(CCRC)
ONGREGATEONTINUINGAREETIREMENTOMMUNITY
Age-restricted properties that include a combination of independent living, assisted
living and skilled nursing services (or independent living and skilled nursing)
available to residents all on one campus. Resident payment plans vary and can
include entrance fee, condo/co-op and rental programs. The majority of the units
are not licensed skilled nursing beds.
Page
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6
Û¨»½«¬·ª»Í«³³¿®§
Maplewood
Minnesota
Thismarketassessmentisintendedtoassistseniorhousingandcareprovidersin
strategiclongrangeplanningandnewprojectsponsorsindeterminingthemarket
potentialforfurtherdevelopmentactivities.Themethodologyutilizesastandardized
forecastingmodelwhichseparatesthemarketintogeneralproductsegmentation
classifications.
Thisreportisforstrategicplanningpurposesandacomprehensivemarketresearch
studyisrecommendedtoreachfinalmarketconclusionsandrecommendations.
PMAPMANational
MarketRateAffordabilityIndex(1)BaseRateIndexIndex
MarketRateSenior$8000.25
MarketRateIndependent$1,8000.560.90
AssistedLiving$2,8000.881.30
Alzheimer's/Dementia$4,0001.251.70
MedianMonthlyIncomeAge75+Households$3,195
(Age75+HholdMedianIncomedividedbyPMArate)
DISCLAIMER
Certaininformationandstatisticsusedinthisreportthatarebasisforthe
conclusionscontainedinthereporthavebeenprovidedbyindependentsources.
TheconclusionsinthisreportareEssentialDecisionsInc.staffbestjudgmentsas
marketconsultants.EDI.disclaimsanyexpressorimpliedwarrantyofassuranceor
representationthattheprojectionswillberealizedasstated.Theresultofthe
proposedprojectmaybeachievedbutmayalsovaryduetochangingmarket
conditions,changesinthefactsthatwerethebasisoftheconclusionsinthereport,
operationsandmanagementsuccess,orotherunforeseencircumstances.
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7
Primary Market Area
Demographic Reports
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8
Primary Market Area Demographic Summary
The Primary Market Section of the Report Provides:
Primary Market Area (PMA)
This map highlights the primary market area for this report. The subsequent
demographic information in this section pertains exclusively to this
identified area.
Executive Demographic Summary Report
Discussion of population, households, income, race and ethnicity, housing
and employment statistics.
Executive Summary Report with Charts
Key demographic indicators of the overall market profile
Mature Market Summary Report
A report of the senior market growth by age and income over a five year
span. Specific age groups have varying housing and service needs. This
segmentation allows for identification of the current number in each group
and future trends. The report derives the distribution of the income ranges
and how much variation of income there is for the younger versus older age
cohorts.
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9
MapFactsPopulationTrends:2000-2007-2012
Scan/US,Inc.
StudyArea0623
Grouping0122(BGs):Group001
98.6%98.5%98.5%
80.1%83.1%84.4%
18.5%15.4%14.1%
1.4%1.5%
65.7%65.6%65.7%
34.3%34.4%34.3%
49.0%49.1%49.2%
51.0%50.9%50.8%
Source:Census2000;2007Scan/USEstimates
www.scanus.com05/29/2008
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11
DemographicSummary:2007Scan/US,Inc.
StudyArea062305/29/2008
Grouping0122(BGs):Group001
Population172,911Age
InGroupQuarters2,527
1.5%
85+
Race:
White125,505
72.6%
75-84
Black17,163
9.9%
AmericanIndian1,177
0.7%
65-74
Asian21,718
12.6%
55-64
PacificIslander169
0.1%
45-54
Other/Multi-Racial7,179
4.2%
HispanicOrigin
12,584
7.3%
35-44
25-34
Sex:Male84,961
49.1%
20-24
Female87,950
50.9%
15-19
Age:
<5Years14,217
8.2%
10-14
5-9Years13,357
7.7%
5-9
10-14Years12,750
7.4%
15-19Years12,208
7.1%
<5
20-24Years11,846
6.9%
0%2%4%6%8%10%12%14%16%
25-34Years23,413
13.5%
35-44Years24,885Race
14.4%
Black
45-54Years23,454
13.6%
AmericanIndian
10%
1%
55-64Years16,923
9.8%
Asian/PI
65-74Years10,126
13%
5.9%
75-84Years6,875
4.0%
Other
85+Years2,857
1.7%
4%
MedianAge
34.6
Households65,428
AverageHouseholdSize2.6
FamilyHouseholds
42,949
White
65.6%
72%
AverageFamilySize3.3
Non-FamilyHouseholdsIncome
22,479
34.4%
AverageNon-FamHHSize1.2
30.0%
HouseholdsbyIncome
$0-$24,99912,697
19.4%
$25,000-$49,99917,178
26.3%
25.0%
$50,000-$74,99914,279
21.8%
$75,000-$99,9999,783
15.0%
$100,000-$149,9998,192
20.0%
12.5%
$150,000+3,299
5.0%
15.0%
AverageHHIncome
$59,148
MedianHHIncome
$55,561
PerCapitaIncome$23,175
10.0%
VehiclesAvailable117,752
5.0%
AverageVehicles/HH1.8
TotalHousingUnits
71,182
0.0%
OwnerOccupied46,194
64.9%$0-$24.9K$25K-$50K-$75K-$100K-$150K+
$49.9K$74.9K$99.9K$149K
RenterOccupied19,234
27.0%
Vacant5,754
8.1%
Scan/US,Inc.310.820.1581Source:2007Scan/USEstimateswww.scanus.com
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12
DemographicSummary:2012Scan/US,Inc.
StudyArea062305/29/2008
Grouping0122(BGs):Group001
Population171,274Age
InGroupQuarters2,613
1.5%
85+
Race:
White121,901
71.2%
75-84
Black19,434
11.3%
AmericanIndian891
0.5%
65-74
Asian23,084
13.5%
55-64
PacificIslander201
0.1%
45-54
Other/Multi-Racial5,763
3.4%
HispanicOrigin
13,899
8.1%
35-44
25-34
Sex:Male84,329
49.2%
20-24
Female86,945
50.8%
15-19
Age:
<5Years13,951
8.1%
10-14
5-9Years13,371
7.8%
5-9
10-14Years12,113
7.1%
15-19Years11,082
6.5%
<5
20-24Years11,381
6.6%
0%2%4%6%8%10%12%14%
25-34Years23,608
13.8%
35-44Years22,105Race
12.9%
Black
45-54Years22,557
13.2%
AmericanIndian
11%
1%
55-64Years19,733
11.5%
Asian/PI
65-74Years12,254
7.2%
13%
75-84Years6,576
3.8%
Other
85+Years2,543
1.5%
3%
MedianAge
35.5
Households65,817
AverageHouseholdSize2.6
FamilyHouseholds
43,221
65.7%White
72%
AverageFamilySize3.3
Non-FamilyHouseholdsIncome
22,596
34.3%
AverageNon-FamHHSize1.1
25.0%
HouseholdsbyIncome
$0-$24,99911,475
17.4%
$25,000-$49,99915,249
23.2%
20.0%
$50,000-$74,99913,751
20.9%
$75,000-$99,9999,867
15.0%
$100,000-$149,99910,543
16.0%
$150,000+4,932
15.0%
7.5%
AverageHHIncome
$65,162
MedianHHIncome
$62,207
10.0%
PerCapitaIncome$25,976
VehiclesAvailable126,834
5.0%
AverageVehicles/HH1.9
TotalHousingUnits
74,182
0.0%
OwnerOccupied47,680
64.3%$0-$24.9K$25K-$50K-$75K-$100K-$150K+
$49.9K$74.9K$99.9K$149K
RenterOccupied18,137
24.4%
Vacant8,365
11.3%
Scan/US,Inc.310.820.1581Source:2012Scan/USProjectionswww.scanus.com
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13
CensusUpdateTrends:2000-2007-2012
Scan/US,Inc.
StudyArea0623
Page1of3
Grouping0122(BGs):Group001
98.6%98.5%98.5%
80.1%83.1%84.4%
18.5%15.4%14.1%
1.4%
74.0%72.6%71.2%
7.7%9.9%11.3%
1.0%0.7%0.5%
11.2%12.6%13.5%
0.1%0.1%0.1%
6.0%4.2%3.4%
6.2%7.3%8.1%
0.1%0.1%0.1%
66.0%65.1%65.1%
3.4%5.6%5.6%
30.5%29.2%29.2%
14.6%8.1%5.2%
33.0%31.4%30.0%
24.5%21.8%19.6%
7.1%10.1%12.1%
14.8%18.7%20.8%
6.0%9.8%12.4%
65.7%65.6%65.7%
34.3%34.4%34.3%
2.3%8.1%11.3%
65.8%64.9%64.3%
31.9%27.0%24.4%
27.4%27.8%28.3%
31.0%31.2%32.3%
29.3%29.2%28.9%
12.3%11.7%10.4%
11.5%7.8%6.0%
36.2%33.8%32.0%
37.4%37.1%36.0%
14.8%21.4%26.0%
Source:Census2000;2007/2012Scan/USEstimates
www.scanus.com05/29/2008
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14
CensusUpdateTrends:2000-2007-2012
Scan/US,Inc.
StudyArea0623
Page2of3
Grouping0122(BGs):Group001
7.2%6.2%5.8%
5.4%3.7%3.0%
5.6%4.5%4.2%
6.5%5.0%4.4%
6.6%5.5%4.0%
7.0%5.2%4.8%
6.4%5.2%5.0%
11.3%10.3%9.4%
10.4%9.7%8.9%
12.4%12.1%12.0%
11.8%15.0%15.0%
5.3%8.3%9.4%
2.1%4.3%6.7%
1.4%3.0%4.6%
0.3%0.7%1.2%
0.6%1.3%1.7%
7.9%6.7%6.2%
5.3%3.7%3.1%
6.5%5.3%4.8%
8.1%6.4%5.3%
8.7%6.8%5.7%
8.1%6.5%6.2%
7.4%7.0%5.9%
14.6%13.3%12.6%
11.5%11.2%11.0%
11.4%13.9%14.2%
6.7%10.9%12.4%
2.1%4.4%6.7%
0.7%1.7%2.8%
0.4%1.0%1.6%
0.1%0.3%0.5%
0.4%0.8%1.0%
Source:Census2000;2007/2012Scan/USEstimates
www.scanus.com05/29/2008
Packet Page Number
Page 145 of 280
15
CensusUpdateTrends:2000-2007-2012
Scan/US,Inc.
StudyArea0623
Page3of3
Grouping0122(BGs):Group001
8.2%8.2%8.1%
8.7%7.7%7.8%
8.2%7.4%7.1%
7.4%7.1%6.5%
6.8%6.9%6.6%
15.2%13.5%13.8%
16.3%14.4%12.9%
12.0%13.6%13.2%
6.8%9.8%11.5%
5.3%5.9%7.2%
3.9%4.0%3.8%
1.3%1.7%1.5%
51.0%50.9%50.8%
7.8%7.9%7.9%
8.1%7.2%7.3%
7.8%7.0%6.7%
7.1%6.7%6.0%
6.8%6.8%6.5%
15.0%13.5%13.8%
15.9%14.1%12.6%
12.0%13.5%13.1%
7.1%10.2%12.0%
5.9%6.3%7.6%
4.8%4.8%4.5%
1.8%2.2%2.0%
49.0%49.1%49.2%
8.6%8.6%8.4%
9.3%8.3%8.3%
8.6%7.8%7.5%
7.7%7.5%6.9%
6.8%6.9%6.8%
15.4%13.6%13.8%
16.7%14.7%13.2%
12.1%13.6%13.2%
6.5%9.4%11.1%
4.7%5.4%6.7%
3.0%3.2%3.2%
0.7%1.1%1.0%
Source:Census2000;2007/2012Scan/USEstimates
www.scanus.com05/29/2008
Packet Page Number
Page 146 of 280
16
IncomeByAgeOfHouseholder:2007/2012Scan/US,Inc.
StudyArea0623
05/29/08
Grouping0122(BGs):Group001
2007Households
65,428
Ageof<2525-3435-4445-5455-6465-7475+
HouseholderYearsYearsYearsYearsYearsYearsYears
Households
3,92411,39013,90813,76910,0296,2286,180
%
6.0%17.4%21.3%21.0%15.3%9.5%9.4%
428656641651689423558
<$10,000
10.9%5.8%4.6%4.7%6.9%6.8%9.0%
5269258146596036991,145
$10,000-$19,999
13.4%8.1%5.9%4.8%6.0%11.2%18.5%
6241,3401,2001,042885915904
$20,000-$29,999
15.9%11.8%8.6%7.6%8.8%14.7%14.6%
5541,3761,4251,160900681698
$30,000-$39,999
14.1%12.1%10.2%8.4%9.0%10.9%11.3%
3811,2741,5641,283980740532
$40,000-$49,999
9.7%11.2%11.2%9.3%9.8%11.9%8.6%
4021,2441,3491,3271,070547423
$50,000-$59,999
10.2%10.9%9.7%9.6%10.7%8.8%6.8%
2891,5511,8761,7991,300613489
$60,000-$74,999
7.4%13.6%13.5%13.1%13.0%9.8%7.9%
3021,6462,5222,4361,507739631
$75,000-$99,999
7.7%14.5%18.1%17.7%15.0%11.9%10.2%
1346581,2411,5311,098377367
$100,000-$124,999
3.4%5.8%8.9%11.1%10.9%6.1%5.9%
125296517930490225203
$125,000-$149,999
3.2%2.6%3.7%6.8%4.9%3.6%3.3%
84307457515334159121
$150,000-$199,999
2.1%2.7%3.3%3.7%3.3%2.6%2.0%
75117302436173110109
$200,000+
1.9%1.0%2.2%3.2%1.7%1.8%1.8%
Median
Income$39,322$52,134$60,525$67,111$60,006$47,346$39,549
2012Households
65,817
Ageof<2525-3435-4445-5455-6465-7475+
HouseholderYearsYearsYearsYearsYearsYearsYears
Households3,71011,46312,34913,26911,6867,5355,805
%
5.6%17.4%18.8%20.2%17.8%11.4%8.8%
360624542569750479468
<$10,000
9.7%5.4%4.4%4.3%6.4%6.4%8.1%
431841660559615739910
$10,000-$19,999
11.6%7.3%5.3%4.2%5.3%9.8%15.7%
4761,060854783828862678
$20,000-$29,999
12.8%9.2%6.9%5.9%7.1%11.4%11.7%
5051,3321,1741,0251,004771656
$30,000-$39,999
13.6%11.6%9.5%7.7%8.6%10.2%11.3%
3431,1711,2591,1001,021821454
$40,000-$49,999
9.2%10.2%10.2%8.3%8.7%10.9%7.8%
3401,1421,0861,1701,102605383
$50,000-$59,999
9.2%10.0%8.8%8.8%9.4%8.0%6.6%
3071,5921,6091,6491,490796480
$60,000-$74,999
8.3%13.9%13.0%12.4%12.8%10.6%8.3%
3281,6852,1952,2481,773983655
$75,000-$99,999
8.8%14.7%17.8%16.9%15.2%13.0%11.3%
1748111,2371,5691,377565421
$100,000-$124,999
4.7%7.1%10.0%11.8%11.8%7.5%7.3%
1915087431,316852445334
$125,000-$149,999
5.1%4.4%6.0%9.9%7.3%5.9%5.8%
140498603731569283193
$150,000-$199,999
3.8%4.3%4.9%5.5%4.9%3.8%3.3%
115199387550305186173
$200,000+
3.1%1.7%3.1%4.1%2.6%2.5%3.0%
Median
Income$46,071$57,570$66,741$75,315$66,900$54,862$47,176
Scan/US,Inc.310.820.1581Source:Scan/US2007/2012Estimateswww.scanus.com
Packet Page Number
Page 147 of 280
17
Regional Market Area
Demographic Maps
Packet Page Number
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18
Demographics
How the Primary Market Compares
Regional Demographics
Demographics have meaning when compared. The area is
Primary Market
part of a larger market geographic area. When you analyze how
regional
specific variables in your primary market relate to the same variables in the
regional market the conclusions are better founded. The report includes a
section about the regional market area as a benchmark for your own study
and specific interests. The first map in this section provides an overview of
the current population area.
It is a good practice to familiarize your self with important economic
indicators and consider how they may influence the success of a senior
project.
Site Selection
After you have drawn visual comparisons of these general factors; continue
to evaluate specific sites to the targeted senior population. In reviewing the
maps, it is important to compare your site to the surrounding areas and
consider how variations in the market area may impact the success of the
project. It is rare to find a site in the ?middle ground? or ?demographic
seam? between high senior density and positive economic influences.
Other factors to consider on site analysis:
1.Location to important retail locations and community services.
2.Proximity to public transportation.
3.Convenience and accessibility to the site.
4.Traffic controls.
5.Project awareness from drive-by traffic.
6.Perception of the neighborhood security and safety.
7.Attractiveness and visual environment of site.
8.The impact of current of future adjacent commercial or residential
activity.
9.Future planned expansion or parking needs.
10.Proximity to other senior providers and competitors.
Packet Page Number
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19
Primary Market Area
Competitive Inventory
Packet Page Number
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26
Quantitative Market Analysis
of Projected Demand
Packet Page Number
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29
Quantitative Market Analysis of Projected Demand
METHODOLOGY SUMMARY
The first step in analyzing market rate projects is to qualify the market. The
following factors are used in the study:
Geographic Location
The primary market, as determined by the client.
Ages
For the purposes of this report, calculations are based on 65-74 and 75+
households for both independent living and assisted living services and memory
care programs; nursing home utilization is based on population estimates for
specific age segments.
Household Income
Seniors will generally use 40 to 60 percent of their pretax household income
for independent senior housing, depending on the level of services offered. For
assisted living projects, 80 percent of more of household income is reasonable,
due to many other services included in the rate. Memory care programs market to
individuals utilizing in excess of 95% of their income and frequently augment
through asset spend down.For nursing homes, the need driven basis and access
to Medicaid subsidies render income factors irrelevant to utilization rates.
However, the demand for nursing home beds may be affected as nursing home
alternatives such as assisted living and community-based home care services
continue to grow.
The Need for Services
For independent living, this factor is not specifically reflected. Assisted living
services provide a wide range of care levels and design options. The study
utilizes a methodology that was developed by Essential Decisions, Inc. as an
expansion from traditional age by income analysis and further project utilization
based on the need for care by specific age.
Step 1:Determine minimum annual household income required for residency
in the project. The study bases this on the project rates set by the client and the
percentage of income needed by the housing type. There are other sources of
potential income that a resident may have upon moving. The most significant
single asset owned by many of the elderly is their home. The computation
provides the opportunity for homeowners to convert home equity to annual
income.
Packet Page Number
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30
Step 2:Determine the number of elderly households by age able to
afford the project. The number of income qualified households by age of
householder is determined. Allowing for the additional income of
homeowner derived from the invested equity from the sale of their home,
the result represents the number of income qualified households by age
group.
Step 3: (Assisted Living Only):Determine the number of elderly
persons residing in income qualified households within the primary
market that require assistance. A significant number of elderly
individuals require assistance with the activities of daily living (ADL?s)
and independent activities of daily living (IADL?s). The methodology
reflects the findings of a study completed by the U.S. Department of
Health and Human Services National Center for Health Statistics that
shows the need for assistance of ADL?s and IADL?s for each of the
elderly aged categories. When the number of elderly individuals
projected to reside in age and income qualified households, as
determined in Step 3, is multiplied by the respective percentages of those
needing assistance, the result is a gross potential need for assisted living
units.
Step 4:Determine the need for additional units by deducting the number
of competitive units already in existence. After subtracting these units,
the true net market potential is derived. In performing this calculation,
we have assumed that these facilities are 95 percent occupied.
Penetration rates vary significantly based on the type of project and the
means used for calculating the market potential. It is projected that 30
percent of the age and income qualified seniors who have impairments
and need assistance will utilize assisted living services.
Step 5Market Potential Adjustments. It is important to determine the
positive or negative contribution that socio-economic factors have on the
project. Essential Decisions, Inc. has developed a methodology that
adjusts for the influence of some of these factors. This adjustment is
made to the ?market potential? calculation on the independent living and
assisted living Demand Analysis pages of the report. This technique is a
recent addition to demand analysis methodology and is based on the best
efforts of Essential Decisions, Inc. to consider known contributing
factors.
Packet Page Number
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31
These adjustments are subjective weighed evaluations of the following
variables compared to statewide averages:
1.Projected 5-year population growth.
2.Senior Population Growth for those 75+.
3.Median Household Income (all age households)
4.Sponsorship ? higher utilization if presently serving the community or
on campus.
5.Location value.
Packet Page Number
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32
Ï«¿´·¬¿¬·ª»Ú¿½¬±®ß¼¶«¬³»²¬
QualitativeFactorAdjustments
%MaximumPMANational
QualitativeFactorAdjustedAdjustment
-2.0%
PopulationChange-5yr.projected2.0%-0.9%4.7%
PopulationChange-5yr.projected-2.0%2.0%-0.9%4.7%
-1.0%
Age65+Growth5YrProjected4.0%7.6%12.8%
1.0%
MedianHouseholdIncome$51,953
2.0%$59,615
2.0%
SponsorRecognition2.0%
Locationvalue5.0%
0.0%
TotalAdjustment0%
QualitativeAdjustmentFactor
Theisdesignedtofurtherrefinethemarketpotentialbeyond
ageandincomerelatedcriteria.Oncetheage,income,andcompetitivecalculationsare
completedthe"TotalAdjustment"percentageisappliedtothemarketpotential.
Packet Page Number
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33
Ì¿®¹»¬Ó¿®µ»¬
ײ½±³»Î»¯«·®»³»²¬
AdditionalIncomeGeneratedfromHomeSale
AverageHomeValue2000$245,200
InflationAdjusted$245,200
SeniorDiscountedHomevalue@15%$208,420
LessSellingCostsof7%$14,589
NetSeniorHomeSaleProceeds$193,831
InterestRateonHomeSaleProceeds5%
AddedAnnualInterestIncome$8,722
MonthlySeniorApartmentRate$800
CalculatedAnnualProjectRate$9,600
%IncomeUsedforIndependentLivingCharges40%
LessAnnualIncomefromHomeProceeds$8,722
MonthlyIndependentLivingRate$1,800
MonthlyIndependentLivingRate$1,800
CalculatedAnnualProjectRate$21,600
%IncomeUsedforIndependentLivingCharges55%
LessAnnualIncomefromHomeProceeds$8,722
MonthlyAssistedLivingRate$2,800
CalculatedAnnualProjectRate$33,600
%IncomeUsedforAssistedLivingCharges80%
LessAnnualIncomefromHomeProceeds$8,722
MonthlyAlzheimer'sAssistedLivingRate$4,000
CalculatedAnnualProjectRate$48,000
%IncomeUsedforAssistedLivingCharges100%
LessAnnualIncomefromHomeProceeds$8,722
*Theincomenecessarytoqualifyahouseholdisbasedontheamountofhouseholdincomewhichmaybe
reasonablyusedtopurchasehousingand/orservicesandvariesaccordingtothetypeofhousingorservices
offered.Itisassumedthatseniorswhoarehomeownerswillsellthehomeandderiveadditionalearningsfrom
investedproceeds.
Packet Page Number
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34
Senior Apartments
Market Demand
Packet Page Number
Page 165 of 280
35
Í»²·±®ß°¿®¬³»²¬
ײ½±³»Ï«¿´·º·»¼Ø±«»¸±´¼
20072012
AnnualIncomeAge65-74Age75+Age65-74Age75+
OwnerQualifyingIncome=$15,278$17,195
Income$0to$9,9990000
Income$10,000to$19,999233382146180
Income$20,000to$29,999646638609479
Income$30,000to$39,999481493544463
Income$40,000to$49,999522376580321
Income$50,000to$59,999386299427270
Income$60,000to$74,999433345562339
Income$75,000to$99,999522446694462
Income$100,000to$124,999266259399297
Income$125,000to$149,999159143314236
Income$150,000to$199,99911285200136
Income$200,000ormore7877131122
TotalOwnerIncomeQualifyingHHs3,8383,5434,6063,306
#Owners7,3817,912
RenterQualifyingIncome=$24,000$27,012
Income$0to$9,9990000
Income$10,000to$19,9990000
Income$20,000to$29,9991611597660
Income$30,000to$39,999200205227193
Income$40,000to$49,999218156241133
Income$50,000to$59,999161124178113
Income$60,000to$74,999180144234141
Income$75,000to$99,999217185289193
Income$100,000to$124,999111108166124
Income$125,000to$149,999666013198
Income$150,000to$199,99947368357
Income$200,000ormore32325551
TotalRenterIncomeQualifyingHHs1,3931,2101,6791,162
#Renters2,6032,841
20072012
TotalQualifiedHouseholds9,98480%10,75381%
Packet Page Number
Page 166 of 280
36
Í»²·±®ß°¿®¬³»²¬
IncomeQualifiedAge65-74Households5,2316,286
DemandbyAge65-74Households1.8%94113
IncomeQualifiedAge75+Households4,7524,467
DemandbyAge75+Households4.0%190179
̱¬¿´ß¹»¿²¼×²½±³»Ï«¿´·º·»¼Ø±«»¸±´¼çôçèìïðôéëí
Ü»³¿²¼Ì±¬¿´îèìîçî
%QualitativeMarketAdjustment0%0%
AdjustedNumberofUnitstoFillMarketDemand284292
DemandfromOutsidetheMarketArea20%5758
̱¬¿´Ü»³¿²¼Ð±¬»²¬·¿´íìïíëð
CompetitiveUnits
SeniorApartments:
Multifamilyresidentialrentalpropertiesrestrictedtoadultsatleast55years
ofageorolder.Thesepropertiesdonothavecentralkitchenfacilitiesandgenerallydonot
providemealstoresidents,butmayoffercommunityrooms,socialactivities,andother
amenities.
Packet Page Number
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37
Í»²·±®ß°¿®¬³»²¬
ο¬»Í»²·¬·ª·¬§
Monthly#ofUnits
$300
(51)(51)
$400
(64)(13)
$500
(78)(14)
$600
(91)(14)
$700
(110)(19)
$800(131)(20)
$900
(151)(20)
$1,000
(171)(20)
$1,100
(189)(18)
$1,200
(206)(18)
Theeffectofachangeinrentalratesisexpressedintheabovetableandchart.The
datademonstratesthatthedemandforIndependentLivingincreasesassenior
householdsbecomeincomequalifiedatlowermonthlyrates.
Note:Unitsneededincludesthatportionofassistedlivingdemandthatmaychoose
tobeservedinacongregatesetting
Packet Page Number
Page 168 of 280
38
Independent Living
Market Demand
Packet Page Number
Page 169 of 280
39
ײ¼»°»²¼»²¬Ô·ª·²¹
ײ½±³»Ï«¿´·º·»¼Ø±«»¸±´¼
20072012
AnnualIncomeAge65-74Age75+Age65-74Age75+
OwnerQualifyingIncome=$30,550$34,385
Income$0to$9,9990000
Income$10,000to$19,9990000
Income$20,000to$29,9990000
Income$30,000to$39,999454466306260
Income$40,000to$49,999522376580321
Income$50,000to$59,999386299427270
Income$60,000to$74,999433345562339
Income$75,000to$99,999522446694462
Income$100,000to$124,999266259399297
Income$125,000to$149,999159143314236
Income$150,000to$199,99911285200136
Income$200,000ormore7877131122
TotalOwnerIncomeQualifyingHHs2,9322,4953,6132,444
#Owners5,4286,056
RenterQualifyingIncome=$39,273$44,202
Income$0to$9,9990000
Income$10,000to$19,9990000
Income$20,000to$29,9990000
Income$30,000to$39,999151500
Income$40,000to$49,99921815614077
Income$50,000to$59,999161124178113
Income$60,000to$74,999180144234141
Income$75,000to$99,999217185289193
Income$100,000to$124,999111108166124
Income$125,000to$149,999666013198
Income$150,000to$199,99947368357
Income$200,000ormore32325551
TotalRenterIncomeQualifyingHHs1,0468601,276853
#Renters1,9062,129
20072012
TotalQualifiedHouseholds7,33459%8,18561%
Packet Page Number
Page 170 of 280
40
ײ¼»°»²¼»²¬Ô·ª·²¹
IncomeQualifiedAge65-74Households3,9794,888
DemandbyAge65-74Households4.0%159196
IncomeQualifiedAge75+Households3,3563,297
DemandbyAge75+Households10.0%336330
̱¬¿´ß¹»¿²¼×²½±³»Ï«¿´·º·»¼Ø±«»¸±´¼éôííìèôïèë
Ü»³¿²¼Ì±¬¿´ß´´ß¹»êëõر«»¸±´¼ìçëëîë
%QualitativeMarketAdjustment0%0%
AdjustedNumberofUnitstoFillMarketDemand495525
DemandfromOutsidetheMarketArea99105
̱¬¿´Ü»³¿²¼Ð±¬»²¬·¿´ëçìêíð
CompetitiveUnits
IndependentLivingCommunities:
Age-restrictedmultifamilyrentalpropertieswithcentraldining
facilitiesthatprovideresidents,aspartoftheirmonthlyfee,accesstomealsandotherservices
suchashousekeeping,linenservice,transportation,andsocialandrecreationalactivities.Such
propertiesdonotprovide,inamajorityoftheunits,assistancewithactivitiesofdailyliving(ADLs)
suchassupervisionofmedication,bathing,dressing,toileting,etc.Therearenolicensedskilled
nursingbedsintheproperty.
Packet Page Number
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41
ײ¼»°»²¼»²¬Ô·ª·²¹
ο¬»Í»²·¬·ª·¬§
Monthly#ofUnits
$1,300
432432
$1,400
399(33)
$1,500
368(31)
$1,600
337(31)
$1,700
306(31)
$1,800276(30)
$1,900
252(25)
$2,000
227(24)
$2,100
203(24)
$2,200
179(24)
Theeffectofachangeinrentalratesisexpressedintheabovetableandchart.The
datademonstratesthatthedemandforIndependentLivingincreasesassenior
householdsbecomeincomequalifiedatlowermonthlyrates.
Note:Unitsneededincludesthatportionofassistedlivingdemandthatmaychoose
tobeservedinacongregatesetting
Packet Page Number
Page 172 of 280
42
Assisted Living
Market Demand
Packet Page Number
Page 173 of 280
43
AssistedLiving
IncomeQualifiedHouseholds
AnnualIncome20072012
RangesAge65-74Age75+Age65-74Age75+
OwnerQualifyingIncome=$33,278$37,454
Income$0to$9,9990000
Income$10,000to$19,9990000
Income$20,000to$29,9990000
Income$30,000to$39,999323331139345
Income$40,000to$49,999522376580321
Income$50,000to$59,999386299427270
Income$60,000to$74,999433345562339
Income$75,000to$99,999522446694462
Income$100,000to$124,999266259399297
Income$125,000to$149,999159143314236
Income$150,000to$199,99911285200136
Income$200,000ormore7877131122
TotalOwnerIncomeQualifiedHHs2,8012,3613,4462,529
TotalOwnerIncomeQualifiedHHs2,8012,3613,4462,529
#Owners5,1625,975
RenterQualifyingIncome=$42,000$47,271
Income$0to$9,9990000
Income$10,000to$19,9990000
Income$20,000to$29,9990000
Income$30,000to$39,9990000
Income$40,000to$49,9991741256636
Income$50,000to$59,999161124178113
Income$60,000to$74,999180144234141
Income$75,000to$99,999217185289193
Income$100,000to$124,999111108166124
Income$125,000to$149,999666013198
Income$150,000to$199,99947368357
Income$200,000ormore32325551
TotalRenterIncomeQualifiedHHs9888141,201812
#Renters1,8022,014
20072012
TotalQualifiedHouseholds6,96556%7,98860%
Packet Page Number
Page 174 of 280
44
2007IncomeQualifiedHouseholdsRequiringAssistance
Income**Total
Qualified%NeedingNeeding
AgeHouseholdsAssistanceCare
Age65-743,7905.7%216
Age75+3,17536.7%1,164
Total6,9651,380
2012IncomeQualifiedHouseholdsRequiringAssistance
Total
QualifiedNeedingNeeding
AgeHouseholdsAssistanceCare
Age65-744,6475.7%265
Age75+3,34136.7%1,225
Total7,9881,490
2007Non-IncomeQualifiedHouseholdsRequiringAssistance
Total
Non-QualifiedNeedingNeeding
AgeHouseholdsAssistanceCare
65-74
2,4385.7%139
75+
3,00536.7%1,102
Total5,4431,241
2012Non-IncomeQualifiedHouseholdsRequiringAssistance
Total
Non-QualifiedNeedingNeeding
AgeHouseholdsAssistanceCare
65-74
2,8885.7%165
75+
2,46436.7%903
Total5,3521,068
**USCensusBureau-Percentwithdisabilitiesbyageutilizingformalcare
Packet Page Number
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45
ײ½±³»Ï«¿´·º·»¼ß·¬»¼Ô·ª·²¹Ü»³¿²¼
325
95%
309
ProspectsfromtheSecondaryMarketArea214236
%QualitativeMarketAdjustment0.0%0.0%
MarketDemandComputation
TotalAdjustedMarketPotential(nocompetition)1,5951,726
MaximumPercentofNeedMetbyAssistedLiving
CalculatedNumberofUnitstoFillTotalDemand399432
LessCompetitiveUnits325325
MarketRateAssistedNetDemand
74107
29
95%
28
ProspectsfromtheSecondaryMarketArea243208
%QualitativeMarketAdjustment0.0%0.0%
TotalAdjustedMarketPotential(nocompetition)1,4841,276
MaximumPercentofNeedMetbyAssistedLiving
CalculatedNumberofUnitstoFillTotalDemand148128
LessCompetitiveUnits2828
Non-QualifiedAssistedNetDemand121100
ß·¬»¼Ô·ª·²¹æ
Stateregulatedrentalpropertiesthatprovidethesameservicesasindependentlivingcommunities
listedabove,butalsoprovide,inamajorityoftheunits,supportivecarefromtrainedemployeestoresidentswhoare
unabletoliveindependentlyandrequireassistancewithactivitiesofdailyliving(ADLs)includingmanagementof
medications,bathing,dressing,toileting,ambulatingandeating.
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46
ß·¬»¼Ô·ª·²¹
ο¬»Í»²·¬·ª·¬§
$2,300
147147
$2,400
131(16)
$2,500
115(16)
$2,600
99(16)
$2,700
$2,800
74(13)
$2,900
61(13)
$3,000
49(13)
$3,100
36(13)
$3,200
24(13)
Theeffectofachangeinrentalratesisexpressedintheabovetableandchart.The
datademonstratesthatthedemandforAssistedLivingincreasesassenior
householdsbecomeincomequalifiedatlowermonthlyrates.
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Alzheimer?s/Dementia Care
Market Demand
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ß´¦¸»·³»®ùñÜ»³»²¬·¿
ײ½±³»Ï«¿´·º·»¼Ø±«»¸±´¼
AnnualIncome20072012
RangesAge65-74Age75+Age65-74Age75+
OwnerQualifyingIncome=$39,278$44,207
Income$0to$9,9990000
Income$10,000to$19,9990000
Income$20,000to$29,9990000
Income$30,000to$39,999353600
Income$40,000to$49,999522376336186
Income$50,000to$59,999386299427270
Income$60,000to$74,999433345562339
Income$75,000to$99,999522446694462
Income$100,000to$124,999266259399297
Income$125,000to$149,999159143314236
Income$150,000to$199,99911285200136
Income$200,000ormore7877131122
TotalOwnerIncomeQualifiedHHs2,5132,0653,0632,049
#Owners4,5785,112
RenterQualifyingIncome=$48,000$54,024
Income$0to$9,9990000
Income$10,000to$19,9990000
Income$20,000to$29,9990000
Income$30,000to$39,9990000
Income$40,000to$49,999433100
Income$50,000to$59,999161124281178
Income$60,000to$74,999180144234141
Income$75,000to$99,999217185289193
Income$100,000to$124,999111108166124
Income$125,000to$149,999666013198
Income$150,000to$199,99947368357
Income$200,000ormore32325551
TotalRenterIncomeQualifiedHHs8587201,239841
#Renters1,5782,080
20072012
TotalQualifiedHouseholds6,15650%7,19254%
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ß´¦¸»·³»®ùñÜ»³»²¬·¿óÓ¿®µ»¬Î¿¬»
2007IncomeQualifiedHouseholds
Income#
%Ï«¿´·º·»¼ß´¦¸»·³»®ù
ß¹»ß´¦¸»·³»®ùØر´¼Ï«¿´·º·»¼
Age65-747.2%3,371243
Age75+24.9%2,785694
̱¬¿´êôïëêçíê
2012IncomeQualifiedHouseholds
RequiringAlzheimer's/Dementia
Income#
%Ï«¿´·º·»¼ß´¦¸»·³»®ù
ß¹»ß´¦¸»·³»®ùØر´¼Ï«¿´·º·»¼
Age65-747.2%4,302310
Age75+24.9%2,890720
̱¬¿´éôïçîïôðîç
ß´¦¸»·³»®ùñÜ»³»²¬·¿Ü»³¿²¼Ý¿´½«´¿¬·±²
83
83
95%
ProspectsfromtheSecondaryMarketArea171190
%QualitativeMarketAdjustment0.0%0.0%
TotalAdjustedMarketPotential(nocompetition)1,1081,219
EstimatedPercentofNeedMetbyAssistedLivingSpecialCareUnit
CalculatedNumberofUnitstoFillTotalDemand111122
LessCompetitiveUnits8383
MemoryCare:
ApropertythatspecializesinthecareofresidentswithAlzheimer?sorotherformsofdementiathatis
notalicensednursingfacilityshouldbeconsideredanassistedlivingproperty.
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ß´¦¸»·³»®ùñÜ»³»²¬·¿
ο¬»Í»²·¬·ª·¬§
$3,500
4343
$3,600
40(3)
$3,700
37(3)
$3,800
34(3)
$3,900
$4,00028(3)
$4,100
25(3)
$4,200
22(3)
$4,300
20(3)
$4,400
17(3)
Theeffectofachangeinrentalratesisexpressedintheabovetableandchart.The
datademonstratesthatthedemandforAssistedLivingMemoryCareincreasesas
seniorhouseholdsbecomeincomequalifiedatlowermonthlyrates.
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ß´¦¸»·³»®ùñÜ»³»²¬·¿Ò±²óÏ«¿´·º·»¼
2007IncomeQualifiedHouseholds
Non#
%Ï«¿´·º·»¼ß´¦¸»·³»®ù
ß¹»ß´¦¸»·³»®ùØر´¼Ï«¿´·º·»¼
Age65-747.2%2,438176
Age75+24.9%3,005748
̱¬¿´ëéëçîì
2012IncomeQualifiedHouseholds
RequiringAlzheimer's/Dementia
Income#
%Ï«¿´·º·»¼ý
ß¹»ß´¦¸»·³»®ùØر´¼ß´¦¸»·³»®ù
Age65-747.2%2,888208
Age75+24.9%2,464613
̱¬¿´êëîèîï
ß´¦¸»·³»®ùñÜ»³»²¬·¿Ü»³¿²¼Ý¿´½«´¿¬·±²
îôððé 2012
0
0
95%
ProspectsfromtheSecondaryMarketArea185164
%QualitativeMarketAdjustment0.0%0.0%
TotalAdjustedMarketPotential(nocompetition)1,109986
EstimatedPercentofNeedMetbyAssistedLivingSpecialCareUnit
CalculatedNumberofUnitstoFillTotalDemand11199
LessCompetitiveUnits00
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52
Nursing Home
Market Demand
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͵·´´»¼Ò«®·²¹Ø±³»Ò»»¼
DemandCalculations
Households%Use(1,2)2007Beds2012Beds
Age65-74 1.07%10,12610912,254
131
Age75-84 4.27%6,8752936,576
281
Age85+18.12%2,8575182,543
461
CompetitiveInventory908908
1)Source:MetLifeNationalStudyandNationalCenteforHealthStatistics
(Adjustedforprojectedtrendsinusageasregionalinformationdictates)
NursingHomes:Licenseddailyrateorrentalpropertiesthataretechnicallyreferredtoasskilled
nursingfacilities(SNF)ornursingfacilities(NF)wherethemajorityofindividualsrequire24-hour
nursingand/ormedicalcare.Inmostcases,thesepropertiesarelicensedforMedicaidand/or
Medicarereimbursement.
Medicarereimbursement.
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54
MINUTES
MAPLEWOOD CITY COUNCIL
6:30 p.m., Monday, July 14, 2008
Council Chambers, City Hall
Meeting No. 18-08
5. Gethsemane Lutheran Church ? Request for Senior Housing Project.
a. Acting City Manager, Chuck Ahl introduced the item and answered questions of
the council.
b. Deputy Public Works Director, DuWayne Konewko gave the report and answered
questions of the council.
c. City Attorney, Alan Kantrud answered questions of the council.
Mayor Longrie asked if any citizens wanted to speak regarding the Temporary Lease.
No citizens came forward.
Councilmember Juenemann moved to approve the Temporary Lease for 2008 use of property as
Park.Revising item 1. Term of Lease revising verbage to reflect from now until the end of
the year vs. on a month-to-month basis. Section 2 regarding rent, it should reflect single
payment rather than a monthly payment until the end of the year. Also, a Notice Section
added giving Contact Information for both parties. On the signature page the City Clerk
should be added to the list of signees.
Councilmember Rossbach seconded the motion with a friendly amendment to change the
following information.
Revising item 1. Term of Lease revising verbage to reflect from now until the end of the year vs.
on a month-to-month basis. Section 2 regarding rent, it should reflect single payment rather than
a monthly payment until the end of the year. Also, a Notice Section added giving Contact
Information for both parties. On the signature page the City Clerk should be added to the list of
signees.
Accepted by Councilmember Juenemann.
Mayor Longrie questioned the terms of the lease agreement and asked if a representative from
Gethsemane wanted to address the concern.
Pastor, Richard White, Gethsemane Lutheran Church answered a question of the council
regarding changing the motion.
Miscellaneous discussion occurred and City Attorney, Alan Kantrud said the appropriate changes
would take place regarding the concerns of the city council and the representative of
Gethsemane.
Seconded by Councilmember Rossbach. Ayes ? All
The motion passed.
b. Land Use Plan Amendment from P(Park) to R3H(high density residential).
(requires 4 votes)
a. Senior Planner, Tom Ekstrand introduced the report and answered questions of
the council.
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b. City Attorney, Alan Kantrud answered questions of the council.
Mayor Longrie asked if anyone wanted to speak regarding this item.
1. Bob Van Slyke, from Senior Housing Partners Partnering with Presbyterian Homes of
Minnesota and Gethsemane Lutheran Church and School, addressed the council and
answered questions of the council.
2. Ward Isackson, Principal Architect, Pope Associates, 1255 Energy Park Drive, St. Paul,
addressed the council.
3. Mike Plant, Senior Hydrologist on the project answered questions of the council.
4. Robert Martin, Planning Commissioner, 2329 Londin Lane, Maplewood, gave the planning
commission report.
5. John Demko, Community Design Review Board Member, gave the CDRB report.
6. Eunice Roberts, 1448 Beaver Creek Parkway, Maplewood spoke in favor of the
development.
7. Pastor, Richard White, at Gethsemane Lutheran Church addressed the council.
th
Street North, Oakdale, spoke in favor of the development.
8. Doug Angrew, 7501 ? 25
9. JoAnn Levour, speaking on behalf of her parents who will live at Rosewood Estates spoke
in favor of the development.
10. Rick Thisen, 1147 Mary Place South Maplewood spoke in favor of the development.
11. Marion Ness, Oakdale Resident, spoke in favor of the development.
12. Sil Booth, 515 Sterling Street South, Maplewood spoke in favor of the development.
13. Lynn Wiegert, 2939 Mary Street, Maplewood spoke in favor of the development.
14. Barb Gurney, 436 Brooks Avenue, Roseville spoke in favor of the development.
Councilmember Rossbach moved to approve the Land Use Plan Amendment from P(Park) to
R3H(high density residential). (requires 4 votes)
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RESOLUTION 08-07-100
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, Gethsemane Lutheran Church and Presbyterian Homes of Minnesota have applied
for a change to the City of Maplewood?s land use plan from P (park) to R3H (high density residential) for
a proposed 111-unit senior-housing development.
WHEREAS, this change applies to the property located south of Gethsemane Lutheran Church,
2410 Stillwater Road. The legal description is:
Lot 1, Block 1, Gethsemane Addition
WHEREAS, the history of this change is as follows:
1. On June 3, 2008, the planning commission held a public hearing. The city staff published
a hearing notice in the Maplewood Review 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 recommended that the city council
approve the land use plan change.
2. On July 14, 2008, the city council discussed the land use plan change. They considered
reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council passed the above described change
for the following reasons:
1. Development with the proposed senior housing project would promote economic development
that will expand the property tax base, increase jobs and provide desirable services.
2. The proposed development would provide a wider range of housing types in this
neighborhood.
3. The proposed development would be a similar type of use to the apartments across Stillwater
Road and would also provide a transitional, buffer use between those abutting apartments
and the single family homes to the south and east.
This action is subject to the approval of this land use plan amendment by the Metropolitan
Council.
this resolution on July 14, 2008.
The Maplewood City Council passed
Seconded by Councilmember Juenemann. Ayes ? All
The motion passed.
Councilmember Juenemann moved to approve the Conditional Use Permit (CUP) for a Planned
Unit Development (PUD).
RESOLUTION 08-07-101
CONDITIONAL USE PERMIT RESOLUTION
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WHEREAS, Gethsemane Lutheran Church and Presbyterian Homes of Minnesota applied for a
conditional use permit for a planned unit development to build a 111-unit senior-housing development.
WHEREAS, this permit applies to the property located south of Gethsemane Lutheran Church at 2410
Stillwater Road. The legal description is:
Lot 1, Block 1, Gethsemane Addition
WHEREAS, the history of this conditional use permit is as follows:
1. On June 3, 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
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.
2. On June 25, 2008, the housing and redevelopment authority (HRA) reviewed this request and the
recommendation of staff. The HRA recommended that the city council approve this permit.
3. On July 14, 2008, the city council considered reports and recommendations of the city staff and
planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council passed 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 approved site plan. The planning staff may approve minor
changes.
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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. The proposed senior housing development shall remain for use as senior housing unless the city
council approves a change in use.
5. The owner/operator of the senior housing development shall obtain a cross easement from
Gethsemane Lutheran Church for access and overflow parking before the city will issue a building
permit for this development.
6. Compliance with the city?s engineering report by Steve Kummer dated February 13, 2008.
7. The applicant shall post Bartelmy Lane to restrict truck, trash hauling and delivery access and
that the city engineer shall explore the closure of Bartelmy Lane from Stillwater Road to Brand
Avenue.
The Maplewood City Council passed this resolution on July 14, 2008.
Seconded by Councilmember Hjelle. Ayes ? All
The motion passed.
Councilmember Nephew moved to approve a parking waiver to provide 114 fewer parking spaces
than are required by ordinance. The applicant shall provide 61 garage spaces and 47 surface
parking spaces. This parking waiver is subject to the following conditions:
1. The owners of Gethsemane Senior Housing shall get an access and parking easement
from Gethsemane Church to use their parking lot as overflow parking. This written
agreement shall be provided prior to the issuance of a building permit.
2. All parking areas shall comply with the dimensional requirements for parking lots that are
required by ordinance.
Seconded by Councilmember Rossbach. Ayes ? All
The motion passed.
Councilmember Rossbach moved to approve the Preliminary and Final Plat subject to
Compliance with the conditions of the city?s engineering report by Steve Kummer dated February
on page 11 of the staff report for item K5.
13, 2008,
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Seconded by Councilmember Nephew. Ayes ? All
Mayor Longrie made a friendly amendment to include the recommendations on page 11 of the
staff report (item K5.)
The friendly amendment was accepted by the motioners.
The motion passed.
Councilmember Rossbach moved to approve the plans date-stamped February 1, 2008, for the
Gethsemane Senior Housing project, located south of Gethsemane Lutheran Church, 2410
Stillwater Road. Approval is based on the findings for approval required by ordinance and subject
to the developer doing the following:
1. Repeat this review in two years if the applicant has not obtained a building permit by that
time. After two years this review must be repeated.
2. Obtain the requested zoning approvals before the city will issue a building permit. These
approvals are: a comprehensive land use plan amendment from P(park) to R3H 9high
density residential), a conditional use permit for a planned unit development, a parking
waiver and a final plat.
3. The applicant shall comply with the requirements in the city engineering report by Steve
Kummer dated February 13, 2008.
4. The developer of the housing facility shall obtain a cross easement from Gethsemane
Lutheran Church for access and overflow parking before the city will issue a building
permit for this development.
5. The developer shall provide a trash enclosure for trash and recyclables if they are not kept
within the garage and if they would not be properly concealed by the retaining wall if they
would be kept outside the garage.
6. Before obtaining a building permit, the applicant shall provide an irrevocable letter of credit
in the amount of 150 percent of the cost of completing landscaping and other site
improvements. This irrevocable letter of credit shall include the following provisions:
The letter of credit must clearly indicate that it is an irrevocable letter of credit in
the name of the City of Maplewood, payable on demand, to assure compliance
with the terms of the developer?s agreement.
The letter of credit must allow for partial withdrawals as needed to guarantee
partial project payments covered under the terms of the letter of credit.
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The letter of credit shall be for a one-year duration and must have a condition
indicating automatic renewal, with notification to the city a minimum of 60 days
prior to its expiration.
7. All parking and drive areas shall have continuous concrete curbing.
8. The applicant shall install in-ground lawn irrigation as required by city ordinance.
9. Post Bartelmy Lane for ?No Truck, Trash Hauling or Delivery Access,? subject to the
approval of the city engineer.
10. Obtain any necessary permits from the Minnesota Department of Transportation and the
Ramsey Washington Metro Watershed District.
11. The applicant shall comply with applicable noise-mitigation requirements. This will require
the applicant to provide a noise study to evaluate the noise level generated by traffic on
Stillwater Road to determine what, if any, mitigation measures are required for the
proposed living units.
12. All work shall follow the approved plans. The city planner may approve minor changes.
Seconded by Councilmember Nephew. Ayes ? All
The motion passed.
Councilmember Rossbach moved to approve Extending the date for the Public Hearing for Tax
Increment Financing (TIF) to August 25, 2008.
Seconded by Councilmember Juenemann. Ayes ? All
The motion passed.
Councilmember Nephew moved to continue the remainder of the council meeting until
Thursday, July 17, 2008, at 5:00 p.m.
Seconded by Mayor Longrie. Ayes ? Mayor Longrie,
Councilmembers Hjelle,
Nephew and Rossbach
Nay
? Councilmember Juenemann
The motion passed.
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1. CALL TO ORDER
2. ROLL CALL:
Present:
Commissioner Binko
Commissioner Christianson
Commissioner Richter
Commissioner Sonnek
Commissioner Fisher
Commissioner Roman
Commissioner Peterson
Commissioner Schmidt
Staff ? Chuck Ahl, Ginny Gaynor
Others - Pastor White from Gethsemane Lutheran Church
Absent:
Commissioner Brannon
Commissioner Yang
3. APPROVAL OF AGENDA
Commissioner Binko made a motion to accept the agenda.
Commissioner Schmidt seconded the motion. All - ayes
4. GETHSEMANE PARK PROPOSAL
Chuck Ahl
presented a recommendation that is up for approval. This is part of a
proposal in which the first phase will go to the City Council on July 14. All the approvals
will happen over the next month, by other commissions. The final vote by City Council
will be on August 25. This is the Park Commission?s opportunity to propose the status of
the 10 acres which was commonly referred to as Gethsemane Park. For 25 years the
city has paid one dollar a year for the use of the park. The 10 acres is private property,
the lease has expired and the church has land rights. The city is now faced with
determining a reasonable use for the land. Staff has been meeting with representatives
from Gethsemane to work through the process. Mr. Ahl presented that recommendation
to the commission for consideration and suggested that a recommendation be made to
the city council. The property has been divided into two parcels; six acres will be used
for a senior housing facility and the remaining 4 acres will be used for city park usage.
According to an appraiser hired by the city; value of the 4 acres is $106,000. There is an
easement over the parking area and we have easement rights over 80% of the parking
lot. The parking lot is in need of repair with an estimated cost of approximately
$250,000. Finally, there is a $200,000 improvement cost for the park. The total cost of
this project is $1,260,000. The church?s contribution to this project is $591,000. Mr. Ahl
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discussed funding options for this park and parking lot. The church has some rights in
usage of the park and parking lot. He discussed mutual usage of the park and parking
lot including usage of the church?s school gym by the city. This is all contingent on the
approval of the senior housing development.
Questions and Concerns:
Several comments were made regarding the pipeline cleanup; what action is being taken
and what impact does this have on this property. There was also concern about the
safety of vent pipes.
Responses included the following comments from staff:
Clean-up is still underway.
o
There have been extensive borings and studies in that area.
o
The vent pipes are not where the park will be.
o
The pipeline leakage is monitored and reported to the city.
o
The vent pipes are the extraction to clean up the mess.
o
There was extensive discussion on the parking lot. There were comments on the use of
the parking lot and how much money is being put into the parking lot. What will the
bottom line cost be for the whole project?
Chuck Ahl stated that this parking lot is also used for clean-up and other gatherings and
that the city has use of the gymnasium. We simply wanted to have the rights to use it
and to stage functions in that area. He said that it will cost city taxpayers about $25,000
a year for about 15 years. The other expenditure is outside levy limits. There is
$258,000 available for park land from existing PAC money.
There were several other questions and concerns along these lines regarding money.
Pastor Richard White stated that to make this equitable we need to trade use of what we
have. Consideration would be made in scheduling events to not conflict with the city?s
scheduled events. This is not new, this has been going on for 28 years and it has been
working. We are trying to be as accommodating as we can.
Chuck Ahl talked about the 50/50 agreement and clarified the proposal.
The City of Maplewood agreed to match the church?s PAC charge by $181,000.
Gethsemane agreed to pay for 50% of the parking lot improvements and the City
agreed to match that.
Gethsemane agreed to pay for 50% of the park improvements and the City agreed to
match that.
Then it came down to how do we match it?
First choice was to use 100% PAC funds.
Another choice is to use zero PAC funds.
If the City is going to do matches for assessments, how do we get additional funds
into the park system? The goal was to determine how to put a plan together that will
get approval from both the Park Commission and City Council. A nexus of 50-50
was established and that is how the levy was determined. It didn?t have anything to
do with usage.
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We need to find other sources of money since there isn?t enough PAC money. That
is why a nexus was made. What basis can we use for the program that is
understandable to justify going to the taxpayers and say, yes we are going to use
some of your tax money for this purpose? Mr. Ahl wants to be very clear that this
discussion took it to the next step which wasn?t his intent. This is how to come up
with $669,000 of city money in order to match their $591,000.
A motion was moved by Commissioner Christianson and seconded by
Commissioner Roman; that the Park Commission provides a positive
recommendation to the city council on overall terms of the park purchase from
Gethsemane Lutheran Church, consistent with proposed terms as outlined in the
staff report, subject to review of details on the final agreement to be approved by
the parks commission. Motion voted and passed with 5 ayes and 3 nays.
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Agenda Item K2
AGENDA REPORT
TO
: City Council
FROM:
Charles Ahl, Acting City Manager
SUBJECT: Adoption of 2009 ? 2013 Capital Improvement Plan
DATE: August 20, 2008
INTRODUCTION/SUMMARY
The City Council received the draft 2009 ? 2013 Capital Improvement Plan (CIP) as recommended by
the City staff on June 9, 2008. The City Council tabled action on the CIP to allow discussion and
review during a number of Work Sessions. Those discussions were held on June 23, July 14 and in a
joint session with the Park Commission on August 4. The City Council has discussed options for
consideration in reducing the overall proposed debt levels in the current plan at the work session
earlier in the evening. Staff is recommending approval of the CIP at this time.
Summary of Options for Deferred Projects
The following options were provided for City Council consideration during the Work Session. Detail
on the options is part of the Work Session agenda report:
Option #1: Street Project Delays and Deferrals
This option will reduce the overall CIP by a total of $11,707,000, with bonding being reduced
by $9,458,500 and general obligation debt by $3,628,000.
Option #2MSAS Street Program Deferrals
:
The total for this option is a reduction in the CIP of $2,850,000 and bonded debt reduction of
$2,654,600.
Option #3: Gladstone Deferral
This option will reduce the CIP by $5,750,000 and bonded debt by $4,000,000.
Summary of All Options
If the Council were to choose to combine all three Options, the CIP would be reduced by a
total of $20,307,000 and bonded debt would be reduced by $16,113,100.
Discussion
It is the staff position that the bonded debt has been held steady in 2009 at an appropriate level.
Further refunding and analysis are underway that will likely stabilize the debt in future years, below
the projected level in this current plan. Council has given clear direction that they wish to stabilize the
overall debt levels, which will be addressed in future CIP documents. The streets program and
infrastructure investment are key components of this CIP and have been very successful and well
received by our residents. It is not recommended that this program begin deferrals at this time.
RECOMMENDATION
It is recommended that the City Council adopt the CIP as proposed by the staff on June 9, 2008.
Attachments:
th
1. Proposed 2009 ? 2013 Capital Improvement Plan (provided to the City Council on June 9)
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2. Planning Commission Minutes from May 6, 2008 noting Approval (provided to the City Council on June 9)
3. Park Commission Minutes from April 16, 2008 noting Approval (provided to the City Council on June 9)
4. Park Commission Joint Meeting with City Council minutes (provided as part of this agenda)
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MEMORANDUM
TO: Chuck Ahl, Acting City Manager
FROM: Karen Guilfoile, Citizen Services Manager
DATE: August 13, 2008
SUBJECT: On-Sale Intoxicating Liquor License ? David Rodger Rewey, New
License/Manager, Dean?s Tavern
Introduction
David Rodger Rewey has submitted an application for an on-sale intoxicating liquor
license to be used at Dean?s Tavern, 1986 Rice Street. Mr. Rewey will also be the
manager of Dean?s Tavern.
Background
Mr. Rewey grew up in St. Paul and has lived and worked here all his life. He currently
resides there with his wife Morna. He is the owner of Quality Connections Inc. which he
as owned and worked at for the last 5 years. Prior to Quality Connections he worked for
Qwest for 9 years.
As required by City ordinances, the necessary background investigation was completed
by the Police Department on Mr. Rewey. In the course of this investigation, state
criminal history files were checked along with contacts and warrants in the cities of St.
Paul, Roseville, and Maplewood and Ramsey County.
Mr. Rewey has met with Chief Thomalla personally to discuss measures to eliminate the
hol to underage persons, general security and retail crime related issues; and
sale of alco
Maplewood Liquor Ordinances.
Consideration
It is recommended that the City Council approve the on-sale liquor license for Dean?s
Tavern, managed by Mr. Rewey.
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AGENDA REPORT
TO:
Charles Ahl, Acting City Manager
FROM:
Michael Thompson, Assistant City Engineer
Steven Love, Civil Engineer II
SUBJECT:Carsgrove Meadows Area Street Improvements, City Project 08-10, Resolution
Ordering Preparation of Feasibility Study
DATE:
August 13, 2008
INTRODUCTION
The Carsgrove Meadows Area Streets, generally located south of County Road C between Forest Street
and Cypress Street (see attached drawing), are listed in the Maplewood Capital Improvement Plan as a
proposed project for the 2009 construction season. The city council will consider initiating the project by
approving the attached resolution ordering the preparation of a feasibility study.
Background
The Carsgrove Meadows Area Streets have continued to deteriorate over the years with the streets having
a current weighted average PCI rating of 35 (on a scale from 1 to 100). The public works department
continues to spend a considerable amount of time maintaining these streets by patching potholes in severe
areas to sustain a minimum level of service. Sections of curbing have major settlement and need to be
repaired to allow for proper channeling of runoff off the street section. In order to preserve the road and
prolong its life a partial reconstruction of road is needed.
This project would consist of approximately 1.3 miles of partial street reconstruction. It is necessary for
improving the serviceability and drainage, meet city standards, and relieve the maintenance department of
continual repairs. Storm water quality features may also be needed in this area to reduce the amount of
pollutants and excess nutrients that currently flow into the nearby wetlands.
Staff will initiate the project process and feasibility study by sending an informational letter to the
neighborhood residents. Late this summer the engineering department will begin topographic surveys and
preliminary engineering studies of the project area. Staff will follow up with neighborhood meetings this fall
as the feasibility study is being completed. It is anticipated that the public hearing will be held late this
year.
Budget
A not-to-exceed project budget of $80,000 would be established for the project development, topographic
surveying, and preliminary engineering required for completing the feasibility study.
RECOMMENDATION
It is recommended that the city council approve the attached resolution ordering the preparation of the
feasibility study for the Carsgrove Meadows Area Street Improvements, City Project 08-10.
Attachments:
1. Resolution Preparation of Feasibility Study
2. Capital Improvement Plan - Project Details
3. Location Map
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Attachment 1
RESOLUTION
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to the Carsgrove Meadows Area Streets,
City Project 08-10, and to assess the benefited property for all or a portion of the cost of the
improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he is
instructed to report to the council with all convenient speed advising the council in a preliminary
way as to whether the proposed improvement is necessary, cost effective and feasible and as to
whether it should best be made as proposed or in connection with some other improvement, and
the estimated cost of the improvement as recommended.
FURTHERMORE, funds in the amount of $80,000 are appropriated to prepare this
feasibility report.
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Approved this 25 day of August 2008
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Attachment 2
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Attachment 3
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AGENDA REPORT
TO:
Charles Ahl, Acting City Manager
FROM:
Michael Thompson, Assistant City Engineer
Jon Jarosch, Civil Engineer I
SUBJECT:County Road C Area Street Improvements, City Project 08-11, Resolution
Ordering Preparation of Feasibility Study
DATE:
August 13, 2008
INTRODUCTION
The County Road C Area Streets, bounded by TH 61 to the west and White Bear Avenue to the east (see
attached drawing), are listed in the Maplewood Capital Improvement Plan as a proposed project for the
2009 construction season. The city council will consider initiating the project by approving the attached
resolution ordering the preparation of a feasibility study.
Background
The County Road C Area Streets have a current weighted average PCI rating of 39 (on a scale from 1 to
100). The Public Works Department continues to spend a considerable amount of time maintaining these
streets by patching potholes to sustain an acceptable level of service. The lack of curb and gutter and a
defined crown in the road has contributed to the deterioration of the streets by allowing water to pond in the
street section and the majority of the street runoff flows directly onto residential properties through
spillways. This lack of storm sewer combined with the lack of curb and gutter result in drainage and
erosion problems throughout the area. The majority of the street runoff flows untreated into the nearby
wetlands.
This project would consist of approximately 1.9 miles of full street reconstruction including the installation of
concrete curb and gutter and assessing existing sanitary sewer and water utility conditions.It is necessary
to reconstruct these streets to improve serviceability and drainage, meet city standards, and relieve the
maintenance department of continual repairs, and provide needed storm water quality features to reduce
the amount of pollutants and excess nutrients that currently flow into the nearby wetlands.
Staff will initiate the project process and feasibility study by sending an informational letter to the
neighborhood residents. Late this summer the engineering department will begin topographic surveys and
preliminary engineering studies of the project area. Staff will follow up with neighborhood meetings this fall
as the feasibility study is being completed. It is anticipated that the public hearing will be held late this
year.
Budget
A not-to-exceed project budget of $80,000 would be established for the project development, topographic
surveying, and preliminary engineering required for completing the feasibility study.
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Agenda Item L3
RECOMMENDATION
Staff recommends that the city council approve the attached resolution ordering the preparation of the
feasibility study for the County Road C Area Street Improvements, City Project 08-11.
Attachments:
1. Resolution Preparation of Feasibility Study
2. Capital Improvement Plan - Project Details
3. Location Map
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Attachment 1
RESOLUTION
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to the County Road C Area Streets, City
Project 08-11 and to assess the benefited property for all or a portion of the cost of the
improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he is
instructed to report to the council with all convenient speed advising the council in a preliminary
way as to whether the proposed improvement is necessary, cost effective and feasible and as to
whether it should best be made as proposed or in connection with some other improvement, and
the estimated cost of the improvement as recommended.
FURTHERMORE, funds in the amount of $80,000 are appropriated to prepare this
feasibility report.
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Approved this 25 day of August 2008
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Attachment 2
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Attachment 3
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AGENDA REPORT
TO:
Chuck Ahl, Acting City Manager
FROM:
Michael Thompson, Assistant City Engineer
Steve Kummer, Civil Engineer II
SUBJECT: Castle Avenue Improvements, City Project 08-12, Resolution Ordering
Preparation of Feasibility Study
DATE:
August 13, 2008
INTRODUCTION
Castle Avenue is the frontage road located east of White Bear Avenue extending to the City of North St.
Paul corporate limits (see attached drawing). It is proposed that the roadway be reconstructed in 2009.
The city council will consider initiating the project by approving the attached resolution ordering the
preparation of the feasibility study.
Background
This project would consist of approximately one half mile of street reconstruction and drainage and utility
improvements. City staff is proposing this project due to resident concerns, and the poor condition of the
roadway. Below is a summary list of deficiencies:
The pavement surface is in poor condition and numerous patches have been applied to the
o
surface to mitigate cracking. The roadway was utilized as a construction traffic thoroughfare for
the reconstruction of Highway 36. The pavement condition index (PCI) rating of this road is 30
out of 100.
The roadway is currently a rural section with ditches as the primary drainage conveyance. Old
o
drainage structures and the slope of the roadway is directing water into front yards along the
road and into a private storm sewer system. Currently, there are no treatment or rate control
measures for the roadway runoff.
The intersection of the street at Cope Avenue is in need of realignment. Creation of a straight
o
tangent perpendicular to White Bear Avenue is needed and would be explored along with other
possible improvements to this intersection to improve traffic flow.
It is necessary to reconstruct this street to improve serviceability, drainage and accessibility and relieve the
maintenance department of continual repairs. Staff will initiate the project process and feasibility study by
sending an information letter this coming month to the neighborhood residents. As part of the feasibility
process staff would begin topographic surveys and preliminary engineering studies of the project area.
Staff will follow up with neighborhood meetings by early fall as the feasibility study is being completed.
Budget
A not-to-exceed project budget of $30,000 would be established for the project development, topographic
surveying, and preliminary engineering required for completing the feasibility study. If the project moves
forward Mn/DOT has agreed to contribute $75,000 as part of the turn back process.
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RECOMMENDATION
Staff recommends that the city council approve the attached resolution ordering the preparation of the
feasibility study for the Castle Avenue Improvement, City Project 08-12.
Attachments:
1. Resolution
2. Location Map
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Attachment 1
RESOLUTION
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to Castle Avenue, City Project 08-12, and to
assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota
Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he/she is
instructed to report to the council with all convenient speed advising the council in a preliminary way as to
whether the proposed improvement is necessary, cost effective and feasible and as to whether it should
best be made as proposed or in connection with some other improvement, and the estimated cost of the
improvement as recommended.
FURTHERMORE, funds in the amount of $30,000 are appropriated to prepare this feasibility report.
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Attachment 2
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AGENDA REPORT
TO:
Charles Ahl, Acting City Manager
FROM:
Michael Thompson, Assistant City Engineer
SUBJECT:White Bear Avenue Improvements (Radatz to County Road D), City Project 08-
13, Resolution Ordering Preparation of Feasibility Study
DATE:
August 14, 2008
INTRODUCTION
The city council will consider approving the attached resolution ordering the preparation of a feasibility
study for the major improvements along the White Bear Avenue corridor.
Background
Back in 2001, the Mall Area Transportation Study identified the White Bear Avenue corridor between
Radatz Avenue and Buerkle Road as the most congested and critical segment of roadway in the
Maplewood Mall area. Ramsey County and Maplewood entered into a joint-powers agreement to conduct
a corridor study to identify the scope of needed improvements. The report at that time found that volumes
on White Bear Avenue at I-694 were at 41,500 vehicles per day which far exceeds the projections for traffic
on the roadway by a factor of two. The average speed along the corridor was found to be only 8.6 miles
per hour. A 2% rate of growth for traffic is expected for the coming years, and without improvements, the
delays will continue to increase.
Two major improvements are needed in the corridor. The first being a major infrastructure improvement to
widen White Bear Avenue to a six lane divided roadway with turn lanes and upgraded intersection designs,
which within the City?s Capital Improvement Plan for 2010 construction. Ramsey County and Maplewood
secured federal funding for this work in the amount of which currently totals just over $7 million, as this
corridor was chosen as the top project in the reliever category of Surface Transportation Improvement
Program funding.
The second improvement is upgrading the interchange where White Bear Avenue intersects I-694. This
project would likely occur after the major infrastructure upgrades are completed on White Bear Avenue.
Projections place this improvement in the realm of $25-30 million depending on right of way and design
issues.
The feasibility report requested through resolution would address the infrastructure related improvements
to White Bear Avenue from County Road D to Radatz Avenue. Federal funds would cover a majority of the
improvement costs, with Ramsey County contributing a substantial amount, and Maplewood contributing a
minor share. Costs, financing, and schedules will be outlined in the feasibility study. The feasibility study
would likely be brought to council this year for acceptance and calling of a public hearing, which also is
likely to be held in 2008.
Budget
A not-to-exceed project budget of $29,700 would be established for the completion of the feasibility study.
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RECOMMENDATION
It is recommended that the city council approve the attached resolution ordering the preparation of the
feasibility study for the White Bear Avenue Improvements, City Project 08-13.
Attachments:
1. Resolution Preparation of Feasibility Study
2. Location Map
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Attachment 1
RESOLUTION
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to White Bear Avenue, City Project 08-
13, and to assess the benefited property for all or a portion of the cost of the improvement,
pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the city?s consultant, Kimley-Horn and
Associates, Inc., for study and it is instructed to report to the council with all convenient speed
advising the council in a preliminary way as to whether the proposed improvement is necessary,
cost effective, and feasible, and as to whether it should best be made as proposed or in
connection with some other improvement, and the estimated cost of the improvement as
recommended.
FURTHERMORE, funds in the amount of $29,700 are appropriated to prepare this
feasibility report.
th
Approved this 25 day of August 2008
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Attachment 2
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AGENDA ITEM L6
AGENDA REPORT
TO:
Chuck Ahl, Acting City Manager
FROM:
Karen Guilfoile, Director Citizen Services
RE: Direction on Destruction of City Records
DATE:
August 20, 2008
Background
As staff continues to create electronic files for all permanent records, the minutes for City
Council Meetings from 1970 to date have been scanned into Laser Fiche.
According to IT Director, Mychal Fowlds, Laser Fiche, the software that manages our
permanent document repository, is backed up on a daily basis. With our current backup
schedule, backups of the images and database are done nightly with the monthly
backup stored off-site. With our new backup schedule, which will be implemented by the
end of August, nightly backups will continue to occur but all backups will be stored off-
site further increasing our preparedness for disaster recovery.
The Minnesota Historical Society has been contacted to inquire if the minutes should be
sent to them for permanent storage. Since our records have been scanned into Laser
Fiche, and therefore are considered the permanent record, the MN Historical Society is
not interested in obtaining them.
In the event that the city council directs staff to destroy the records, the Maplewood
Historical Society and the Historical Preservation Commission will be contacted to see if
they are interested in storing them. If not, a member of the city council has indicated an
interest in obtaining them.
Recommendation
It is requested that council direct staff to first contact the Maplewood Historical Society to
see if they are interested in obtaining the records. If they are not, the Historical
Preservation Commission will be contacted. In the event that neither is interested in
receiving the records, the interested member of the council will be contacted.
The records will not, however, be transferred to the Society, Commission, or to the
council member until approval of a resolution by the council is obtained stating that the
records will be given away or destroyed.This resolution will then be submitted to the
State.
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Agenda Item L7
MEMORANDUM
TO:Chuck Ahl, Acting City Manager
FROM: DuWayne Konewko, Deputy Director of Public Works
Shann Finwall, AICP, Environmental Planner
SUBJECT: St. Paul Regional Water Services ? Requesting Recommendation from
the City Council on the Management of Zebra Mussel and Other Invasive
Species
DATE: August 15, 2008 for the August 25 City Council Meeting
BACKGROUND
The St. Paul Regional Water Services (SPRWS) provides water service to the majority of Maplewood?s
residential and commercial properties. The SPRWS McCarrons Water Treatment Plant, located at 1900
Rice Street in Maplewood, is supplied with water which is pumped from the Mississippi River by the Fridley
Pump Station and discharged to the Vadnais Chain of Lakes in Shoreview.
Zebra mussels have spread throughout the Great Lakes into the Mississippi River and its tributaries. Zebra
mussel infestation can cause a range of environmental impacts that affect biological organisms and have
also been known to cause hydraulic problems on infrastructure such as plant intake pipes, screens, and
pump stations. The presence of zebra mussels in the Mississippi River and the recent discovery of adult
mussels in Vadnais, Sucker and Pleasant Lakes prompted SPRWS to evaluate the infestation potential,
subsequent impacts of zebra mussels on the watershed and supply system, and zebra mussel
management strategies (refer to executive summary of the management plan ? Attachment 1).
DISCUSSION
Potential Spread of Zebra Mussels
One of the objectives of the plan is to minimize the potential spread of zebra mussels and other exotic
species to other water bodies as a direct result of SPRWS actions. Control points represent the locations
within the SPRWS system that are potential points of entrance or spread for zebra mussels and other
invasive species. The Vadnais conduit drain control point allows water to drain from the conduits and flow
through natural drainagways to Lake Gervais or Trout Brook. It is used periodically for inspection and
maintenance.
The management plan states that zebra mussel spread in this location must be prevented during the
periodic draining of the facilities. The plan offers solutions to this problem including operational (pumping
water to the other conduit rather than to the lake), filtration (draining water through a filtration bag that
would trap adult and veliger state mussels), or chemical additions (portable ozone facilities used to
disinfect the water drained). Each solution offers varying degrees of success and expense as specified in
the estimated costs assessment (Attachment 2).
Department of Natural Resources Review
The Department of Natural Resources (DNR) reviewed the management plan and submitted a letter of
concern to SPRWS (Attachment 3). The DNR found that the plan did not identify ideal solutions for
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Agenda Item L7
addressing the issue and encouraged SPRWS to continue to look for long-term solutions through planning
and evaluation of new technologies.
Impacts to Maplewood
Zebra mussels can have a large adverse environmental impact on Maplewood?s water bodies by fouling
beaches with their shells, interfering with the existing food web, smothering native mussels, and they have
also been connected to other fish and wildlife die offs. Management of zebra mussels would also cause an
economic impact on the city. As such, the City of Maplewood has a vested interest in ensuring that
SPRWS? operations do not cause the spread of zebra mussels or other invasive species into our water
bodies.
Board of Water Commissioners
The SPRWS is governed by the Board of Water Commissioners, which consists of three members of the
Saint Paul City Council, two Saint Paul citizens, and two representatives for the suburbs served by
SPRWS. The Board will review and discuss the management plan and finalize recommendations during
their September 9, 2008, meeting.
Environmental and Natural Resources (ENR) Commission Review
The ENR Commission will review the management plan during their August 19 meeting. Staff will have an
update of their review and recommendation for the city council on this review during the August 25 city
council meeting.
RECOMMENDATION
Staff recommends that the city council send a recommendation to the St. Paul Water Board for their
September 9 board meeting which states that the draining of water which may contain zebra mussels or
other invasive species from St. Paul Regional Water Service?s conduits into drainage ways which will enter
Maplewood?s lakes and streams is unacceptable and that the St. Paul Regional Water Services should
work with the Department of Natural Resources on long-term solutions to the spread of invasive species
through water operations.
Attachments:
1. SPRWS Invasive Species Executive Summary
2. Recommended Actions and Estimated Costs
3. DNR Response Letter
2
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Attachment 1
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Attachment 1
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Attachment 1
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Attachment 1
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Attachment 2
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Attachment 2
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Attachment 3
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L-8
AGENDA NO.
AGENDA REPORT
TO:City Council
FROM:Finance Director
RE:APPROVAL OF CLAIMS
August 25, 2008
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:
$ No checks written this week. AP employee-
on vacation.
$3,667,127.02Disbursements via debits to checking account
dated 08/01/08 thru 08/08/08
$1,366,785.16Checks # 76176 thru # 76264
dated 08/04/08 thru 08/19/08
$ Disbursements via debits to checking account300,581.74
dated 08/08/08 thru 08/15/08
$5,334,493.92Total Accounts Payable
PAYROLL
$ 486,824.89Payroll Checks and Direct Deposits dated 08/01/08
$ Payroll Deduction check # 1005674 thru # 10056753,609.46
dated 08/01/08
$ Total Payroll490,434.35
$5,824,928.27GRAND TOTAL
Attached is a detailed listing of these claims. Please call me at 651-249-2903 if you have any questions on the
attached listing. This will allow me to check the supporting documentation on file if necessary.
kf
attachments
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CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
TransmittedSettlement
DateDatePayeeDescriptionAmount
07/30/0808/01/08FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)24,541.77
08/01/0808/01/08MN Dept of Natural ResourcesDNR electronic licenses17.00
08/01/0808/01/08MN Dept of Natural ResourcesDNR electronic licenses919.00
07/31/0808/04/08MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)19,482.51
08/03/0808/04/08US Bank VISA One Card*Credit Card Billing Fee1,469.22
08/03/0808/04/08US Bank17 Debt Service payments3,480,285.72
08/01/0808/05/08TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)32,002.62
08/05/0808/06/08WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)7,793.54
08/05/0808/06/08MN State TreasurerDrivers License/Deputy Registrar(city clrk)19,332.65
08/06/0808/07/08ThursDrivers License/Deputy Registrar(city clrk)Drivers License/Deputy Registrar(city clrk)13,131.20
08/06/0808/07/08US Bank VISA One Card*Credit Card Billing Fee53,329.15
08/07/0808/08/08FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)14,822.64
TOTAL3,667,127.02
*Detailed listing of VISA purchases is attached.
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CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT
08/08/08HJELLE, ERIK416.42
08/08/08JUENEMANN, KATHLEEN416.42
08/08/08NEPHEW, JOHN416.42
08/08/08ROSSBACH, WILLIAM416.42
08/08/08BURLINGAME, SARAH743.77
08/08/08RYDEL, HARRIET291.38
08/08/08CHRISTENSON, SCOTT1,960.81
08/08/08FARR, LARRY2,350.87
08/08/08JAHN, DAVID1,737.97
08/08/08MORIN, TROY136.00
08/08/08ARNOLD, AJLA616.00
08/08/08RAMEAUX, THERESE3,022.77
08/08/08FORMANEK, KAREN1,582.16
08/08/08MITTET, ROBERT3,366.86
08/08/08ANDERSON, CAROLE1,057.89
08/08/08COLLINS, CAROL1,575.00
08/08/08DEBILZAN, JUDY1,217.70
08/08/08JACKSON, MARY2,239.01
08/08/08KELSEY, CONNIE2,362.05
08/08/08CAREY, HEIDI2,309.35
08/08/08GUILFOILE, KAREN3,566.86
08/08/08KROLL, LISA1,829.37
08/08/08MORSON, JOHN597.12
08/08/08SCHMIDT, DEBORAH2,214.91
08/08/08SPANGLER, EDNA923.37
08/08/08CORTESI, LUANNE978.41
08/08/08JAGOE, CAROL1,786.98
08/08/08KELLY, LISA1,153.61
08/08/08LARSON, MICHELLE1,009.51
08/08/08MECHELKE, SHERRIE1,065.61
08/08/08MOY, PAMELA1,124.73
08/08/08OSTER, ANDREA1,781.19
08/08/08WEAVER, KRISTINE1,949.37
08/08/08CORCORAN, THERESA1,776.55
08/08/08PALANK, MARY1,778.86
08/08/08POWELL, PHILIP2,800.78
08/08/08SVENDSEN, JOANNE1,964.99
08/08/08THOMALLA, DAVID4,699.27
08/08/08YOUNG, TAMELA1,775.83
08/08/08ABEL, CLINT2,737.80
08/08/08ALDRIDGE, MARK2,701.34
08/08/08AUGE, RACHEL120.00
08/08/08BAKKE, LONN3,242.95
08/08/08BARTZ, PAUL3,254.00
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08/08/08BELDE, STANLEY2,689.06
08/08/08BENJAMIN, MARKESE1,859.57
08/08/08BIERDEMAN, BRIAN3,040.88
08/08/08BOHL, JOHN3,121.56
08/08/08BUSACK, DANIEL3,163.42
08/08/08COFFEY, KEVIN2,591.58
08/08/08CROTTY, KERRY3,001.20
08/08/08DEMULLING, JOSEPH1,775.17
08/08/08DOBLAR, RICHARD3,317.47
08/08/08FRITZE, DEREK2,041.48
08/08/08GABRIEL, ANTHONY3,194.59
08/08/08HAWKINSON JR, TIMOTHY2,032.35
08/08/08HEINZ, STEPHEN2,837.88
08/08/08HER, PHENG1,775.17
08/08/08HIEBERT, STEVEN2,885.56
08/08/08JOHNSON, KEVIN4,043.02
08/08/08KALKA, THOMAS798.28
08/08/08KARIS, FLINT3,396.18
08/08/08KONG, TOMMY4,122.78
08/08/08KREKELER, NICHOLAS693.08
08/08/08KROLL, BRETT2,615.23
08/08/08KVAM, DAVID3,864.56
08/08/08LANGNER, TODD2,262.58
08/08/08LARSON, DANIEL3,279.10
08/08/08LU, JOHNNIE2,591.58
08/08/08MARINO, JASON2,733.47
08/08/08MARTIN, JERROLD2,737.80
08/08/08MCCARTY, GLEN3,010.88
08/08/08METRY, ALESIA3,490.19
08/08/08NYE, MICHAEL2,928.91
08/08/08OLSON, JULIE2,617.24
08/08/08PALMA, STEVEN3,201.20
08/08/08RABBETT, KEVIN3,864.56
08/08/08RHUDE, MATTHEW2,780.42
08/08/08SHORTREED, MICHAEL3,768.98
08/08/08STEFFEN, SCOTT3,648.12
08/08/08STEINER, JOSEPH2,581.34
08/08/08SYPNIEWSKI, WILLIAM2,563.28
08/08/08SZCZEPANSKI, THOMAS2,787.84
08/08/08TRAN, JOSEPH4,057.73
08/08/08WENZEL, JAY3,315.26
08/08/08XIONG, KAO2,568.50
08/08/08BERGERON, JOSEPH4,210.88
08/08/08DUGAS, MICHAEL3,780.16
08/08/08ERICKSON, VIRGINIA2,884.03
08/08/08FLOR, TIMOTHY4,738.59
08/08/08FRASER, JOHN3,281.72
08/08/08LANGNER, SCOTT2,713.43
08/08/08THEISEN, PAUL3,340.22
08/08/08THIENES, PAUL3,522.56
08/08/08BAUMAN, ANDREW1,998.35
08/08/08DAWSON, RICHARD3,080.27
08/08/08DOLLERSCHELL, ROBERT3,268.80
08/08/08EVERSON, PAUL2,589.58
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08/08/08FOSSUM, ANDREW2,193.27
08/08/08HALWEG, JODI2,574.06
08/08/08JUNGMANN, BERNARD3,037.77
08/08/08NOVAK, JEROME2,793.45
08/08/08OLSON, JAMES2,226.89
08/08/08PERBIX, CHARLES2,094.28
08/08/08PETERSON, ROBERT2,646.80
08/08/08RICHARDSON, ANDREA2,256.65
08/08/08SEDLACEK, JEFFREY2,366.23
08/08/08STREFF, MICHAEL2,106.26
08/08/08SVENDSEN, RONALD2,669.88
08/08/08GERVAIS-JR, CLARENCE3,342.04
08/08/08LUKIN, STEVEN4,260.90
08/08/08ZWIEG, SUSAN2,147.22
08/08/08AHL, R. CHARLES5,453.00
08/08/08ENGSTROM, SHURENE513.50
08/08/08FINWALL, SHANN2,820.55
08/08/08KNUTSON, LOIS1,745.35
08/08/08KONEWKO, DUWAYNE3,246.56
08/08/08NIVEN, AMY1,332.42
08/08/08PASSI, CRYSTAL997.50
08/08/08PRIEFER, WILLIAM2,601.29
08/08/08AHL, GREGORY480.00
08/08/08BRINK, TROY1,967.75
08/08/08BUCKLEY, BRENT1,908.35
08/08/08DEBILZAN, THOMAS2,006.15
08/08/08EDGE, DOUGLAS2,089.65
08/08/08HAMRE, MILES1,254.01
08/08/08JONES, DONALD2,006.15
08/08/08MEISSNER, BRENT1,579.75
08/08/08MEYER, GERALD2,086.59
08/08/08NAGEL, BRYAN3,015.02
08/08/08OSWALD, ERICK2,206.77
08/08/08RUNNING, ROBERT2,118.95
08/08/08SETNES, SAMUEL960.00
08/08/08TEVLIN, TODD2,016.15
08/08/08BURLINGAME, NATHAN1,757.78
08/08/08DUCHARME, JOHN1,805.74
08/08/08ENGSTROM, ANDREW2,166.56
08/08/08GAYNOR, VIRGINIA2,182.96
08/08/08JACOBSON, SCOTT2,108.55
08/08/08JAROSCH, JONATHAN2,367.75
08/08/08JOHNSON, TRENT880.00
08/08/08KREGER, JASON2,064.60
08/08/08KUMMER, STEVEN2,727.06
08/08/08LINDBLOM, RANDAL2,702.38
08/08/08LOVE, STEVEN2,599.00
08/08/08THOMPSON, MICHAEL3,094.19
08/08/08WACHAL, KAREN770.67
08/08/08ZIEMAN, SCOTT732.60
08/08/08EDSON, DAVID2,046.68
08/08/08HINNENKAMP, GARY2,016.95
08/08/08MARUSKA, MARK3,000.18
08/08/08NAUGHTON, JOHN2,006.15
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08/08/08NORDQUIST, RICHARD2,006.15
08/08/08NOVAK, MICHAEL2,006.15
08/08/08SCHINDELDECKER, JAMES2,008.46
08/08/08BIESANZ, OAKLEY1,398.07
08/08/08DEAVER, CHARLES718.18
08/08/08GERNES, CAROLE613.82
08/08/08HAYMAN, JANET1,090.25
08/08/08HUTCHINSON, ANN2,472.00
08/08/08SOUTTER, CHRISTINE238.51
08/08/08FRY, PATRICIA1,844.46
08/08/08HALL, KATHLEEN198.75
08/08/08SINDT, ANDREA1,921.35
08/08/08THOMPSON, DEBRA710.63
08/08/08EKSTRAND, THOMAS3,600.06
08/08/08BRASH, JASON1,715.75
08/08/08CARVER, NICHOLAS3,027.38
08/08/08FISHER, DAVID3,938.72
08/08/08RICE, MICHAEL2,414.97
08/08/08SWAN, DAVID2,486.15
08/08/08WELLENS, MOLLY1,506.43
08/08/08JOHNSON, GENE2,240.00
08/08/08BERGER, STEPHANIE20.25
08/08/08BJORK, ALICIA574.00
08/08/08BJORK, BRANDON880.00
08/08/08COLEMAN, JOHN525.00
08/08/08KOHLMAN, JENNIFER22.50
08/08/08OHLHAUSER, MEGHAN1,200.00
08/08/08OHS, DANIELLE400.00
08/08/08ROBBINS, AUDRA2,439.86
08/08/08ROBBINS, EMERALD54.00
08/08/08RYCHLICKI, NICHOLE372.00
08/08/08SCHALLER, SCOTT358.75
08/08/08SHERRILL, CAITLIN462.50
08/08/08TAUBMAN, DOUGLAS3,115.54
08/08/08TAYLOR, JAMES2,007.26
08/08/08GERMAIN, DAVID2,015.39
08/08/08HAAG, MARK2,006.15
08/08/08NADEAU, EDWARD3,384.17
08/08/08SCHULTZ, SCOTT2,275.65
08/08/08ANZALDI, MANDY190.56
08/08/08BERGLUND, DANIEL390.06
08/08/08BRENEMAN, NEIL1,657.89
08/08/08CRAWFORD - JR, RAYMOND752.00
08/08/08EVANS, CHRISTINE948.84
08/08/08FABIO-SHANLEY, MICHAEL368.50
08/08/08GADOW, ANNA477.23
08/08/08GLASS, JEAN1,982.54
08/08/08GROPPOLI, LINDA378.00
08/08/08HANSEN, LORI2,490.13
08/08/08HER, CHONG270.00
08/08/08HIX, MELINDA184.25
08/08/08HOFMEISTER, MARY853.11
08/08/08NAGEL, BROOKE590.50
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08/08/08PELOQUIN, PENNYE490.96
08/08/08SCHOENECKER, LEIGH336.00
08/08/08STAPLES, PAULINE3,212.78
08/08/08VANG, KAY166.39
08/08/08VANG, TIM440.00
08/08/08ZIELINSKI, JUDY23.10
08/08/08AICHELE, MEGAN84.38
08/08/08ANDERSON, JOSHUA320.25
08/08/08ANDERSON, JUSTIN295.40
08/08/08ANDREA, JENESSA74.25
08/08/08BAUDE, SARAH102.00
08/08/08BEAVER, MARK52.50
08/08/08BEITLER, JULIE68.00
08/08/08BENJAMIN, AYLA181.65
08/08/08BIGGS, ANNETTE106.25
08/08/08BRUSOE, AMY213.76
08/08/08BRUSOE, CRISTINA474.96
08/08/08BUCHMAYER, NICOLLET523.90
08/08/08BUCKLEY, BRITTANY414.05
08/08/08CZECK, KELSEY56.40
08/08/08DEL ROSARIO, THERESA19.50
08/08/08DEVRIENDT, KARA75.00
08/08/08DUNN, RYAN812.95
08/08/08ERICKSON-CLARK, CAROL47.50
08/08/08FLACKEY, MAUREEN82.25
08/08/08FONTAINE, KIM789.20
08/08/08GIEL, NICOLE102.00
08/08/08GREDVIG, ANDERS518.88
08/08/08GRUENHAGEN, LINDA440.38
08/08/08HAGSTROM, EMILY373.58
08/08/08HORWATH, RONALD2,439.86
08/08/08IRISH, PETER243.23
08/08/08JASKEN, NICHOLAS555.00
08/08/08JOSSART, ANGELA34.00
08/08/08JOYER, JENNA117.00
08/08/08KOGLER, RYAN136.50
08/08/08KOLLER, NINA585.65
08/08/08KRONHOLM, KATHRYN659.45
08/08/08KURZHAL, ALISON94.25
08/08/08LAMEYER, ZACHARY200.88
08/08/08MATHEWS, LEAH32.63
08/08/08MCCARTHY, ERICA94.50
08/08/08NADEAU, KELLY126.56
08/08/08OBRIEN, JULIE60.00
08/08/08OLSON, SANDRA185.50
08/08/08PEHOSKI, JOEL96.00
08/08/08PROESCH, ANDY630.24
08/08/08RICHTER, DANIEL106.50
08/08/08RICHTER, NANCY1,156.83
08/08/08ROLLOFF-FELLNER, TAYLOR154.00
08/08/08RONNING, ISAIAH101.50
08/08/08SCHAEFER, NATALIE152.88
08/08/08SCHREIER, ROSEMARIE136.00
08/08/08SCHREINER, MICHELLE563.97
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08/08/08SCHUNEMAN, GREGORY291.13
08/08/08SEMONICK, MICHELLE52.00
08/08/08SKUNES, KELLY81.00
08/08/08SMITH, ANN300.10
08/08/08TUPY, ELIANA34.00
08/08/08TUPY, HEIDE275.60
08/08/08TUPY, MARCUS264.60
08/08/08WARNER, CAROLYN402.40
08/08/08WICKNER, KRISTY147.88
08/08/08WILLIAMS, KRISTINE27.60
08/08/08WOLFGRAM, MARY594.18
08/08/08WOLFGRAM, TERESA140.06
08/08/08WOODMAN, ALICE230.00
08/08/08YOUNCE, BLAISE73.50
08/08/08ZALK, IDA79.45
08/08/08BOSLEY, CAROL356.95
08/08/08FITZENBERGER, VALERIE306.00
08/08/08GIERNET, ASHLEY166.00
08/08/08HER, SHILLAME210.00
08/08/08HOLMGREN, STEPHANIE140.00
08/08/08LEWIS, AMY53.13
08/08/08SATTLER, MELINDA22.00
08/08/08BEHAN, JAMES2,005.93
08/08/08DOUGLASS, TOM1,240.12
08/08/08GROPPOLI, JOE301.00
08/08/08PATTERSON, ALBERT650.68
08/08/08PRINS, KELLY1,162.62
08/08/08REILLY, MICHAEL1,807.75
08/08/08VANG, HUE81.95
08/08/08AICHELE, CRAIG2,105.43
08/08/08PRIEM, STEVEN2,256.55
08/08/08WOEHRLE, MATTHEW2,281.12
08/08/08BERGO, CHAD2,499.19
08/08/08FOWLDS, MYCHAL3,196.06
08/08/08FRANZEN, NICHOLAS2,348.51
100562508/08/08HART, NATHAN230.00
100562608/08/08LONGRIE, DIANA473.15
100562708/08/08PENN, CHRISTINE310.00
100562808/08/08WELCHLIN, CABOT2,737.80
100562908/08/08FASULO, WALTER144.00
100563008/08/08ANDERSON, MICHAEL960.00
100563108/08/08GORE, MICHAEL1,104.00
100563208/08/08OLSON, SCOTT1,266.00
100563308/08/08PUHL, MATTHEW1,233.75
100563408/08/08DAMIANI, ROBERT160.00
100563508/08/08FARLEY, JAMIE680.88
100563608/08/08GEBHARD, MADELINE880.00
100563708/08/08GOODRICH, CHAD577.50
100563808/08/08LINDA, KELLIE67.50
100563908/08/08MALLET, AMANDA189.88
100564008/08/08MARTIN, ARIELLE130.50
100564108/08/08NG, VANICK307.50
100564208/08/08ROBBINS, CAMDEN59.50
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08/08/08UNGAR, KRISTOPHER160.00
1005643
08/08/08DICKS, JOHN78.75
1005644
08/08/08HER, PETER192.40
1005645
08/08/08O'GRADY, VICTORIA74.50
1005646
08/08/08VUE, LOR PAO204.90
1005647
08/08/08BRENEMAN, SEAN295.69
1005648
08/08/08BUESING, DYLAN101.50
1005649
08/08/08CHASTAN, ADAM133.25
1005650
08/08/08DEMPSEY, BETH98.00
1005651
08/08/08FENGER, JUSTIN91.68
1005652
08/08/08GRANT, MELISSA372.71
1005653
08/08/08HANSON, MATTHEW63.00
1005654
08/08/08HOLMBERG, LADONNA364.00
1005655
08/08/08MCCANN, NATALIE72.00
1005656
08/08/08NWANOKWALE, MORDY169.29
1005657
08/08/08PIEPER, THEODORE62.50
1005658
08/08/08RHODY, DIANE154.00
1005659
08/08/08374.38
1005660ROSTRON, ROBERT
08/08/08RYDEEN, ARIEL309.05
1005661
08/08/08SAUCERMAN, MICHAEL135.23
1005662
08/08/08SCHAEFER, JAMES126.88
1005663
08/08/08SCHMIDT, EMILY481.95
1005664
08/08/08SCHMIDT, JOHN207.98
1005665
08/08/08ARKSEY, EMILY29.25
1005666
08/08/08GLASS, JENNA131.75
1005667
08/08/08SATTLER, CASSANDRA159.50
1005668
08/08/08ZAGER, LINNEA220.25
1005669
08/08/08BOWMAN, MATTHEW84.00
1005670
08/08/08BURKS, TA'SHAWN56.00
1005671
08/08/08SCHULZE, KEVIN287.00
1005672
08/08/08VALERIO, TARA195.75
1005673
TOTAL 486,824.89
Packet Page Number
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Trans DatePosting Date
07/18/200807/21/2008TRI DIM FILTER CORP$89.28 JIM BEHAN
07/18/200807/21/2008TRI DIM FILTER CORP$512.96 JIM BEHAN
07/23/200807/24/2008MUSKA LIGHTING CENTER$349.52 JIM BEHAN
07/24/200807/25/2008GOPHER BEARING COMPANY$144.73 JIM BEHAN
07/24/200807/28/2008AQUA LOGIC INC$954.30 JIM BEHAN
07/28/200807/29/2008HENRIKSEN ACE HARDWARE$7.77 JIM BEHAN
07/30/200807/31/2008NORTH HEIGHTS HARDWARE IN$3.71 JIM BEHAN
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07/26/200807/28/2008NORTHERN TOOL EQUIP-MN$37.74 RON BOURQUIN
07/26/200807/28/2008NAPA AUTO PARTS 3279016$93.84 RON BOURQUIN
07/23/200807/24/2008HIT! RUN! SCORE!$152.92 NEIL BRENEMAN
07/30/200807/31/2008PRICE CHOPPER INC$1,047.64 NEIL BRENEMAN
07/24/200807/25/2008NORTHWEST LASERS INC$61.77 NATHAN BURLINGAME
07/29/200807/31/2008SUPERAMERICA 4022$81.63 DAN BUSACK
07/19/200807/21/2008DEX EAST-LOCKBOX$37.00 HEIDI CAREY
07/21/200807/28/2008WP-INMAGINE.COM$15.00 HEIDI CAREY
07/22/200807/24/2008WINZIP COMPUTING SL$29.95 HEIDI CAREY
07/22/200807/24/2008OFFICE MAX$15.47 HEIDI CAREY
07/29/200807/30/2008WEDDINGDEPO$199.95 HEIDI CAREY
07/30/200807/31/2008ACTION ENVELOPE PRINTING$36.74 HEIDI CAREY
07/31/200808/01/2008PIONEER PRESS ADVERTISIN$1,352.25 HEIDI CAREY
07/21/200807/22/2008WINROC CORP-OAKDALE$24.13 SCOTT CHRISTENSON
07/24/200807/25/2008THE TRANE COMPANY$112.80 SCOTT CHRISTENSON
07/24/200807/25/2008GOPHER BEARING COMPANY$14.89 SCOTT CHRISTENSON
07/24/200807/28/2008THE HOME DEPOT 2801$22.18 SCOTT CHRISTENSON
07/30/200808/01/2008CVS PHARMACY #1751 Q03$6.38 SCOTT CHRISTENSON
07/18/200807/21/2008MENARDS 3059$10.59 DOUG EDGE
07/25/200807/28/2008OAKDALE RENTAL CENTER$196.08 DOUG EDGE
07/25/200807/28/2008MENARDS 3022$15.80 DOUG EDGE
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07/25/200807/28/2008ICI-DULUX-PAINTS #0092$1,615.08 DAVE EDSON
07/28/200807/29/2008MENARDS 3059$117.20 DAVE EDSON
07/29/200807/30/2008MENARDS 3022$45.92 DAVE EDSON
07/30/200807/31/2008MENARDS 3059$73.48 DAVE EDSON
07/19/200807/21/2008THE TRANE COMPANY$652.00 LARRY FARR
07/23/200807/24/2008NAUTILUS BOWFLEX$273.17 LARRY FARR
07/23/200807/25/2008THE HOME DEPOT 2810$321.93 LARRY FARR
07/25/200807/28/2008BEST BUY MHT 00000109$4,800.00 LARRY FARR
07/25/200807/28/2008BEST BUY MHT 00000109$582.25 LARRY FARR
07/25/200807/28/2008THE HOME DEPOT 2801$119.36 LARRY FARR
07/28/200807/29/2008CUB FOODS, INC.$47.13 LARRY FARR
07/29/200807/30/2008DAVIS LOCK & SAFE$10.68 LARRY FARR
07/29/200807/31/2008THE HOME DEPOT 2801$88.41 LARRY FARR
07/18/200807/21/2008RUTTGER'S SUGAR LAKE LODG$156.85 DAVID FISHER
07/23/200807/25/2008CURTIS 1000$53.76 KAREN FORMANEK
07/31/200808/01/2008QWESTCOMM*TN651$66.45 MYCHAL FOWLDS
07/19/200807/21/2008DMI* DELL K-12/GOVT$967.10 NICK FRANZEN
07/22/200807/23/2008INSIGHT PUBLIC SECTOR$735.74 NICK FRANZEN
07/22/200807/23/2008INSIGHT PUBLIC SECTOR$179.38 NICK FRANZEN
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07/23/200807/24/2008SYX*TIGERDIRECT.COM$154.98 NICK FRANZEN
07/24/200807/25/2008INSIGHT PUBLIC SECTOR$162.17 NICK FRANZEN
07/24/200807/25/2008SYX*TIGERDIRECT.COM$88.65 NICK FRANZEN
07/25/200807/28/2008WWW.NEWEGG.COM$168.99 NICK FRANZEN
07/26/200807/28/2008BATTERIES PLUS$30.79 NICK FRANZEN
07/28/200807/30/2008CVS PHARMACY #1751 Q03$5.11 NICK FRANZEN
07/30/200807/31/2008DIGITAL INTELLIGENCE$659.37 NICK FRANZEN
07/31/200808/01/2008CDW GOVERNMENT$4,048.10 NICK FRANZEN
07/31/200808/01/2008SYX*TIGERDIRECT.COM$28.97 NICK FRANZEN
07/21/200807/23/2008HOULE FARM GARDEN & PET$31.80 CLARENCE GERVAIS
07/23/200807/24/2008EDEN PRAIRIE TUITION OFFI$559.04 CLARENCE GERVAIS
07/25/200807/28/2008THE HOME DEPOT 2801$51.67 CLARENCE GERVAIS
07/29/200807/31/2008SUPERAMERICA 4022$150.00 CLARENCE GERVAIS
07/17/200807/21/2008OFFICE DEPOT #1090$24.73 JEAN GLASS
07/25/200807/28/2008OFFICE DEPOT #1090$44.89 JEAN GLASS
07/28/200807/29/2008OFFICE DEPOT #1090$24.00 JEAN GLASS
07/30/200808/01/2008OFFICE DEPOT #1090$70.41 JEAN GLASS
07/30/200808/01/2008OFFICE DEPOT #1090$23.25 JEAN GLASS
07/24/200807/25/2008USPS 2663650009$1.17 JANET M GREW HAYMAN
07/31/200808/01/2008USPS 2663650009$4.53 JANET M GREW HAYMAN
07/22/200807/23/2008RAGAN COMMUNICATIONS INC$129.00 KAREN E GUILFOILE
07/24/200807/28/2008THE STAR TRIBUNE CIRCULAT$112.58 LORI HANSON
07/29/200807/30/2008ARAMARK MINNEAPOLIS OCS$640.89 LORI HANSON
07/31/200808/01/2008CLOVER SUPER FOODS$197.60 LORI HANSON
07/22/200807/23/2008MENARDS 3059$29.64 PATRICK HEFFERNAN
07/25/200807/28/2008MENARDS 3059$29.61 PATRICK HEFFERNAN
07/22/200807/24/2008THE HOME DEPOT 2801$32.51 RICK HERLUND
07/29/200807/30/2008MOGREN LANDSCAPE SUPPLY L$46.44 GARY HINNENKAMP
07/30/200807/31/2008MOGREN LANDSCAPE SUPPLY L$74.73 GARY HINNENKAMP
07/31/200808/01/2008HEJNY RENTAL$167.60 GARY HINNENKAMP
07/30/200808/01/2008DOLRTREE 751 00007518$26.81 RON HORWATH
07/30/200808/01/2008THE HOME DEPOT 2801$13.28 RON HORWATH
07/30/200808/01/2008MILLS FLEET FARM #27$25.34 RON HORWATH
07/20/200807/22/2008ORR GENERAL STORE$11.70 ANN E HUTCHINSON
07/22/200807/24/2008THE HOME DEPOT 2801$14.88 DAVID JAHN
07/25/200807/28/2008DALCO ENTERPRISES, INC$1,134.19 DAVID JAHN
07/25/200807/28/2008DALCO ENTERPRISES, INC$190.83 DAVID JAHN
07/17/200807/21/2008THE HOME DEPOT 2801$26.81 DON JONES
07/17/200807/21/2008THE HOME DEPOT 2801$4.52 DON JONES
07/21/200807/23/2008THE HOME DEPOT 2801$42.57 DON JONES
07/22/200807/23/2008CHD*C AND H DISTRIBTRS$375.85 BERNARD R JUNGMANN
07/23/200807/24/2008CUB FOODS, INC.$3.99 BERNARD R JUNGMANN
07/30/200807/30/2008TRI-ANIM HEALTH SERVICES$526.66 BERNARD R JUNGMANN
07/31/200808/01/2008BOUND TREE MEDICAL LLC$75.27 BERNARD R JUNGMANN
07/23/200807/24/2008THE UPS STORE #2171$8.71 TOM KALKA
07/30/200808/01/2008TOUSLEY FORD I27200039$18.71 TOM KALKA
07/31/200808/01/2008VZWRLSS*APOCC VISN$112.50 DUWAYNE KONEWKO
07/17/200807/21/2008THE HOME DEPOT 2801$64.01 JASON KREGER
07/21/200807/22/2008RADIOSHACK COR00161455NICHOLAS KREKELER
07/21/200807/22/2008RADIOSHACK COR00161455$29.53 NICHOLAS KREKELER
07/21/200807/23/2008WOLF CAMERA #1530$14.72 NICHOLAS KREKELER
07/28/200807/29/2008BATTERIES PLUS$19.09 NICHOLAS KREKELER
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07/24/200807/28/2008OFFICE DEPOT #1090$19.20 LISA KROLL
07/29/200807/31/2008OFFICE DEPOT #1090$44.07 LISA KROLL
07/30/200807/31/2008LILLIE SUBURBAN NEWSPAPE$68.95 LISA KROLL
07/30/200808/01/2008OFFICE DEPOT #1090$3.06 LISA KROLL
07/27/200807/29/2008KWIK TRIP 48700004879$54.91 DAVID KVAM
07/27/200807/29/2008BRISCO COUNTY WOOD$13.56 DAVID KVAM
07/28/200807/29/2008WISCONSIN CENTER DISTRICT$15.00 DAVID KVAM
07/29/200807/30/2008WISCONSIN CENTER DISTRICT$15.00 DAVID KVAM
07/30/200807/31/2008CULVERS BLACK RIVERS F$11.16 DAVID KVAM
07/18/200807/21/2008VIKING INDUSTRIAL CENTER$264.60 STEVE LUKIN
07/18/200807/21/2008EMERGENCY APPARATUS MAINT$1,531.04 STEVE LUKIN
07/18/200807/21/2008EMERGENCY APPARATUS MAINT$1,188.15 STEVE LUKIN
07/18/200807/21/2008MENARDS 3059$37.28 STEVE LUKIN
07/22/200807/24/2008AIRGAS NORTH CENTRAL$327.60 STEVE LUKIN
07/23/200807/24/2008ROAD RESCUE EMERGENCY VE$1,015.43 STEVE LUKIN
07/23/200807/25/2008THE HOME DEPOT 2801$12.76 STEVE LUKIN
07/25/200807/28/2008ASPEN MILLS INC.$630.00 STEVE LUKIN
07/25/200807/28/2008MENARDS 3059$63.80 STEVE LUKIN
07/28/200807/29/2008ESCH CONSTRUCTION SUPPLY$20.37 STEVE LUKIN
07/28/200807/30/2008ASPEN MILLS INC.$507.05 STEVE LUKIN
07/28/200807/30/2008SUPERAMERICA 4022$36.00 STEVE LUKIN
07/29/200807/30/2008VALLEY TROPHY$394.44 STEVE LUKIN
07/30/200808/01/2008SUPERAMERICA 4022$35.03 STEVE LUKIN
07/25/200807/28/2008METRO ATHLETIC SUPPLY$527.02 MARK MARUSKA
07/28/200807/30/2008THE TESSMAN COMPANY$485.40 MARK MARUSKA
07/29/200807/31/2008ON SITE SANITATION$1,079.44 MARK MARUSKA
07/23/200807/24/2008QWESTCOMM*TN651$57.95 ROBERT MITTET
07/28/200807/29/2008COMCAST CABLE COMM$139.93 ROBERT MITTET
07/29/200807/31/2008METROCALL/ARCH WIRE$26.63 ED NADEAU
07/30/200807/31/2008UNITED RENTALS #D10$469.53 BRYAN NAGEL
07/22/200807/23/2008LESCO SC 0530$220.46 JOHN NAUGHTON
07/31/200808/01/2008MENARDS 3059$75.98 JOHN NAUGHTON
07/31/200808/01/2008MENARDS 3059$52.55 JOHN NAUGHTON
07/20/200807/22/2008KWIK STOP #4 OASIS TRA$79.00 JULIE OLSON
07/22/200807/24/2008SHELL OIL 93002228938$66.01 JULIE OLSON
07/26/200807/28/2008SHAMROCK$59.00 JULIE OLSON
07/26/200807/28/2008SUPERAMERICA 4768$15.00 JULIE OLSON
07/27/200807/28/2008AVIS RENT-A-CAR 1$933.95 JULIE OLSON
07/22/200807/24/2008OFFICE DEPOT #1090$61.92 MARY KAY PALANK
07/25/200807/28/2008OFFICE DEPOT #1090$41.57 MARY KAY PALANK
07/29/200807/31/2008OFFICE DEPOT #1090$27.52 MARY KAY PALANK
07/30/200808/01/2008OFFICE DEPOT #1090$30.54 MARY KAY PALANK
07/21/200807/23/2008SIRCHIE FINGER PRINT LABO$110.43 PHILIP F POWELL
07/22/200807/22/2008ULINE *SHIP SUPPLIES$178.01 PHILIP F POWELL
07/23/200807/24/2008LABSAFE*1011874443$92.38 PHILIP F POWELL
07/24/200807/25/2008MENARDS 3059$175.84 PHILIP F POWELL
07/24/200807/28/2008EVIDENT$60.00 PHILIP F POWELL
07/25/200807/28/2008ADVANCED GRAPHIC SYSTEMS$62.84 PHILIP F POWELL
07/31/200808/01/2008LOCKSMITH PARTS SUPPLIES$83.37 PHILIP F POWELL
07/31/200808/01/2008SUBURBAN TENT & AWNING$80.00 PHILIP F POWELL
07/24/200807/28/2008S S TREE AND HORTICULTUR$440.00 WILLIAM J PRIEFER
07/24/200807/28/2008S S TREE AND HORTICULTUR$275.00 WILLIAM J PRIEFER
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07/16/200807/23/2008BORGEN RADIATOR CO$288.63 STEVEN PRIEM
07/17/200807/21/2008KATH AUTO PARTS NSP$8.39 STEVEN PRIEM
07/18/200807/21/2008KATH AUTO PARTS NSP$120.67 STEVEN PRIEM
07/21/200807/23/2008KATH AUTO PARTS NSP$23.93 STEVEN PRIEM
07/21/200807/23/2008FACTORY MOTOR PARTS #19$80.08 STEVEN PRIEM
07/22/200807/23/2008MINNESOTA TRUCKING ASSOC$75.00 STEVEN PRIEM
07/22/200807/24/2008KATH AUTO PARTS NSP$25.17 STEVEN PRIEM
07/22/200807/25/2008AMERICAN FASTENER & SUPPL$33.14 STEVEN PRIEM
07/23/200807/24/2008BAUER BULT TRE33200023$882.76 STEVEN PRIEM
07/23/200807/25/2008BOYER FORD TRUCKS INC$64.43 STEVEN PRIEM
07/23/200807/25/2008CATCO PARTS&SERVICE$38.86 STEVEN PRIEM
07/24/200807/25/2008POLAR CHEVROLET MAZDA PAR$34.65 STEVEN PRIEM
07/24/200807/25/2008PARTS ASSOCIATES INC$131.56 STEVEN PRIEM
07/24/200807/28/2008KATH AUTO PARTS NSP$9.53 STEVEN PRIEM
07/24/200807/28/2008KATH AUTO PARTS NSP$247.80 STEVEN PRIEM
07/24/200807/28/2008ZARNOTH BRUSH WORKS$1,351.49 STEVEN PRIEM
07/24/200807/28/2008COMO LUBE & SUPPLIES$111.83 STEVEN PRIEM
07/24/200807/28/2008EAT INC$45.53 STEVEN PRIEM
07/24/200807/28/2008NORTHERN TOOL EQUIP-MN$10.66 STEVEN PRIEM
07/25/200807/28/2008BOYER FORD TRUCKS INC$78.27 STEVEN PRIEM
07/29/200807/30/2008FORCE AMERICA$386.78 STEVEN PRIEM
07/29/200807/31/2008GOODYEAR AUTO SRV CT 6920$47.00 STEVEN PRIEM
07/30/200808/01/2008KATH AUTO PARTS NSP$15.77 STEVEN PRIEM
07/30/200808/01/2008DAVIS EQUIPMENT$247.70 STEVEN PRIEM
07/30/200808/01/2008TRI-STATE BOBCAT INC.$39.91 STEVEN PRIEM
07/31/200808/01/2008CATCO PARTS&SERVICE$30.14 STEVEN PRIEM
07/18/200807/21/2008SHRED-IT$49.95 KEVIN RABBETT
07/23/200807/24/2008THE STAR TRIBUNE ADVERTIS$712.20 TERRIE RAMEAUX
07/28/200807/29/2008MN OCCUPATIONAL HEALTH$140.00 TERRIE RAMEAUX
07/26/200807/28/2008DALCO ENTERPRISES, INC$821.98 MICHAEL REILLY
07/30/200807/31/2008HILLYARD INC MINNEAPOLIS$1,795.95 MICHAEL REILLY
07/17/200807/21/2008RAINBOW FOODS 00088617$21.16 AUDRA ROBBINS
07/18/200807/21/2008ORIENTAL TRADING CO$104.60 AUDRA ROBBINS
07/18/200807/21/2008SCIENCE MUSEUM CALL CE$75.00 AUDRA ROBBINS
07/21/200807/22/2008CUB FOODS, INC.$58.75 AUDRA ROBBINS
07/21/200807/23/2008TARGET 00011858$95.32 AUDRA ROBBINS
07/22/200807/24/2008TARGET 00006197$21.31 AUDRA ROBBINS
07/23/200807/24/2008GRAND SLAM SPORTS$705.33 AUDRA ROBBINS
07/23/200807/25/2008CVS PHARMACY #1751 Q03$11.12 AUDRA ROBBINS
07/25/200807/28/2008CUB FOODS, INC.$23.89 AUDRA ROBBINS
07/28/200807/29/2008CITY OF EAGAN$225.00 AUDRA ROBBINS
07/29/200807/31/2008TARGET 00011858$90.11 AUDRA ROBBINS
07/29/200807/31/2008MICHAELS #2744$42.45 AUDRA ROBBINS
07/29/200807/31/2008SCIENCE MUSEUM CALL CE$1,016.00 AUDRA ROBBINS
07/29/200807/30/2008MIKES LP GAS INC$26.35 ROBERT RUNNING
07/30/200808/01/2008THE HOME DEPOT 2801$29.76 ROBERT RUNNING
07/28/200807/30/2008LEEANN CHIN #017 MAPLERID$137.61 DEB SCHMIDT
07/24/200807/25/2008CLASSIC COLLISION CENT$696.00 MICHAEL SHORTREED
07/24/200807/28/2008WEBER & TROSETH INC$230.68 MICHAEL SHORTREED
07/25/200807/28/2008UNIFORMS UNLIMITED INC$65.00 MICHAEL SHORTREED
07/25/200807/28/2008UNIFORMS UNLIMITED INC$22.31 MICHAEL SHORTREED
07/30/200807/31/2008TI *TASER INTL$95.00 MICHAEL SHORTREED
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07/30/200808/01/2008UNIFORMS UNLIMITED INC$97.67 MICHAEL SHORTREED
07/17/200807/21/2008ADVANCED GRAPHIC SYSTEMS$125.68 ANDREA SINDT
07/25/200807/28/2008ADVANCED GRAPHIC SYSTEMS$169.34 ANDREA SINDT
07/30/200808/01/2008OFFICE DEPOT #1090$62.69 ANDREA SINDT
07/30/200808/01/2008BLUE RIBBON BAIT & TACKLE$4.26 CHRISTINE SOUTTER
07/24/200807/25/2008FACTORY CARD OUTLET #284$72.92 PAULINE STAPLES
07/25/200807/28/2008MICHAELS #2744$10.65 JAMES TAYLOR
07/28/200807/29/2008FEDEX KINKO'S #0617$132.92 JAMES TAYLOR
07/29/200807/30/2008BREEZY POINT RESORT RESE$102.24 DAVID J THOMALLA
07/28/200807/30/2008S & T OFFICE PRODUCTS$24.30 KAREN WACHAL
07/23/200807/25/2008QUILL CORPORATION$48.86 SUSAN ZWIEG
07/24/200807/25/2008JCPENNEY STORE 2864$32.01 SUSAN ZWIEG
07/24/200807/28/2008QUILL CORPORATION$26.68 SUSAN ZWIEG
07/24/200807/28/2008SEARS ROEBUCK 1122$85.36 SUSAN ZWIEG
07/25/200807/28/2008ADVANCED GRAPHIC SYSTEMS$317.38 SUSAN ZWIEG
07/28/200807/30/2008QUILL CORPORATION$5.33 SUSAN ZWIEG
07/29/200807/30/2008CUB FOODS, INC.$49.25 SUSAN ZWIEG
07/29/200807/31/2008S&S WORLDWIDE$93.74 SUSAN ZWIEG
07/29/200807/31/2008S&S WORLDWIDE$1.50 SUSAN ZWIEG
TOTAL$53,329.15
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Check Register
City of Maplewood
08/14/2008
CheckDateVendorDescriptionAmount
7617608/04/200804125CEDAR SPECIALISTS INC.EXTERIOR PAINTING OF CEDAR SIDING 3,550.00
7617708/08/200804126ALBERT PATTERSONWAGES FOR HOURS NOT PAID467.18
7617808/12/200801635TOWER ASPHALT INCPROJ 07-19 MYRTLE PARTPMT#2171,989.37
7617908/12/200801635TOWER ASPHALT INCPROJ 07-25 HAZELWOOD PARTPMT#2309,523.12
7618008/12/200801574T.A. SCHIFSKY & SONS, INCPROJ 07-15 LARK PART PMT #6178,922.55
7618108/12/200801574T.A. SCHIFSKY & SONS, INCPROJ 07-26 BEAM PART PMT #1274,419.18
7618208/12/200801289PRAIRIE RESTORATIONS INCINSTALLATION PLANTS AT CITY HALL6,476.80
7618308/12/200802625DRAGONFLY GARDENSPLANTS FOR CITY HALL & DESOTO 06-162,460.55
7618408/13/200800396DEPT OF PUBLIC SAFETYTITLE & LICENSE FOR FORFEITED 262.50
7618508/13/200802464US BANKFUNDS FOR ATM6,000.00
7618608/13/200801284POSTMASTERBUSINESS REPLY MAIL PERMIT 4903-0021,500.00
7618708/14/200800396DEPT OF PUBLIC SAFETYSALES TAX BALANCE- FORFEITURE 162.50
7618808/19/200800111ANIMAL CONTROL SERVICES INCPATROL & BOARDING FEE 7/21 - 8/31,309.30
7618908/19/200801973ERICKSON OIL PRODUCTS INCCAR WASHES - JULY68.16
7619008/19/200800585GOPHER STATE ONE-CALLNET BILLABLE TICKETS - JULY1,094.90
7619108/19/200802938KORTERRA INCLOCATE TICKET PROCESSING 1,028.40
7619208/19/200801337RAMSEY COUNTY-PROP REC & REV911 DISPATCH FEE - JULY18,147.92
7619308/19/200801360REINHART FOODSERVICEMDSE FOR RESALE466.23
7619408/19/200801190XCEL ENERGYELECTRIC UTILITY12,876.45
08/19/200801190XCEL ENERGYELECTRIC & GAS UTILITY6,077.85
08/19/200801190XCEL ENERGYELECTRIC UTILITY4,038.81
08/19/200801190XCEL ENERGYELECTRIC & GAS UTILITY3,075.09
08/19/200801190XCEL ENERGYELECTRIC & GAS UTILITY2,723.06
08/19/200801190XCEL ENERGYEQUIP LOAN494.06
08/19/200801190XCEL ENERGYELECTRIC & GAS UTILITY348.31
08/19/200801190XCEL ENERGYELECTRIC & GAS UTILITY298.63
08/19/200801190XCEL ENERGYGAS UTILITY193.54
08/19/200801190XCEL ENERGYFIRE SIRENS46.38
7619508/19/200801798YOCUM OIL CO.UNLEADED MID-GRADE 89 OCT 23,047.08
7619608/19/20080234710,000 LAKES CHAPTERREGISTRATION FEE60.00
7619708/19/200804127A E SIGN SYSTEMS, INC.SIGNS - MOTIONZONE/STRENGTH CTR127.80
7619808/19/200800008A M E MTRAINING CONFERENCE125.00
7619908/19/200800090AMERICAN RED CROSSCHARITABLE GAMBLING AWARD1,800.00
7620008/19/200804008AMERITASMONTHLY PREMIUM - AUGUST9,374.44
7620108/19/200802324APPLIED ECOLOGICAL SERVICESCONSULTING SERVICES1,835.95
7620208/19/200800159PAUL BARTZREIMB FOR UNIFORM & SUPPLIES 7/3-109.31
7620308/19/200800202JOHN BOHLPOLICE FOR WEDDING 8/2/08262.50
7620408/19/200800096BPGASOLINE EXPLORER CONFERENCE130.00
7620508/19/200800240C.S.C. CREDIT SERVICESAPPLICANT BACKGROUND CHECKS50.00
7620608/19/200800494CHILDREN HOME & FAMILY SERVICEYOUTH DIVERSION PROG - JULY3,526.08
7620708/19/200802789COMCAST CABLE COMM INCPROJ 07-21 RELOCATE PEDESTAL375.00
7620808/19/200800358DGM INC.TOWING SERVICES - JULY1,359.17
7620908/19/200800420DOWNTOWNER DETAIL CENTERSQUAD CAR DETAILING128.69
7621008/19/200800003ESCROW REFUNDESCROW REL ATLANTIS POOLS 2438 1,000.00
7621108/19/200800003ESCROW REFUNDESCROW REL WILLOW RIVER-BIG 500.00
7621208/19/200800499DANIEL FAUSTCONSULTING - WEEK ENDING 8/72,040.00
7621308/19/200800543GE CAPITALLEASE ON RICOH MP1100897.77
7621408/19/200804128NORM GREENCOURT APPEARANCE CASE #81005328495.18
7621508/19/200800612GYM WORKS INCREPAIR SPINNING BIKES & TREAD MILL613.81
7621608/19/200804129THE HB GROUP, LLCPAINTING OF PARKS & REC AREA 1,152.00
7621708/19/200801965HEALTH PARTNERSREFUND AMB 0820111,543.94
7621808/19/200803597MARY JO HOFMEISTERREIMB FOR MILEAGE 7/2 - 7/3015.50
7621908/19/200803956KATIE INCANTALUPOZUMBA FITNESS INSTRUCTOR-295.20
7622008/19/200803087SCOTT A JACOBSONREIMB FOR MILEAGE 8/112.87
7622108/19/200804086TRENT JOHNSONREIMB FOR MILEAGE 7/23 - 8/12139.82
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7622208/19/200800827L M C I TWORK COMP PREMIUM 1ST 70,660.50
08/19/200800827L M C I TGEN LIAB INSURANCE 1ST 66,766.00
08/19/200800827L M C I TCLAIM DEDUCTIBLE #1105858650,000.00
7622308/19/200800393DEPT OF LABOR & INDUSTRYMONTHLY SURTAX - JULY 47031230354,172.19
7622408/19/200803122MEDPRO MIDWEST GROUPPREVENTATIVE MAINT SRVS - COTS220.75
7622508/19/200803583METROPOLITAN MECH CONTRACTORSBOILER ROOM EXHAUST FAN 2,162.00
7622608/19/200802617ALESIA METRYREIMB FOR SHOES 7/1488.00
7622708/19/200801089MN UC FUNDQUARTERLY UNEMPLOYEMNT - 2ND 4,442.35
7622808/19/200801103MOODY'S INVESTORS SERVICE2008A & B ISSUANCE COSTS6,000.00
7622908/19/200802775PAUL NOLANREIMB FOR STATION 3 SUPPLIES 7/19100.11
7623008/19/200801202NYSTROM PUBLISHING CO INCSCHOOL BROCHURE2,811.00
7623108/19/200800001ONE TIME VENDORREFUND SOUTHER AUTO OVERPMT OF 765.00
7623208/19/200800001ONE TIME VENDORREIMB G TELSEN IRRIGATION SYS 354.00
7623308/19/200800001ONE TIME VENDORREFUND S PIERCE AMB 071942B259.00
7623408/19/200800001ONE TIME VENDORREFUND D VOGEL CLASS CANCELLED95.00
7623508/19/200800001ONE TIME VENDORREFUND C FINNEGAN-ZUEG CLASS 95.00
7623608/19/200800001ONE TIME VENDORREFUND C HERMAN CLASS CANCELLED95.00
7623708/19/200800001ONE TIME VENDORREFUND W MCCOLLUM MEMBERSHIP64.05
7623808/19/200800001ONE TIME VENDORREFUND COURTNEY NEW AMB 08150940.00
7623908/19/200800001ONE TIME VENDORREFUND T LARSEN BCBS BENEFIT20.00
7624008/19/200801225OSWALD HOSE & ADAPTERSFLUSH HOSE FOR SWEEPER99.45
7624108/19/200801248PARTY TIME LIQUORFIRE DEPT PICNIC94.95
7624208/19/200801345RAMSEY COUNTYPROJ 07-19 EASMENT RECORDING FEE46.00
08/19/200801345RAMSEY COUNTYPROJ 06-21 EASMENT RECORDING FEE46.00
08/19/200801345RAMSEY COUNTYPROJ 06-21 EASMENT RECORDING FEE46.00
7624308/19/200802008RAMSEY COUNTY PUBLIC WORKSSIGNAL MAINTENANCE WORK161.07
7624408/19/200801359REGAL AUTO WASH DETAIL XXCAR WASH FEES - JULY99.17
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CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
TransmittedSettlement
DateDatePayeeDescriptionAmount
08/08/0808/11/08MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)20,519.10
08/08/0808/11/08PERAPERA73,289.77
08/08/0808/11/08US TreasurerFederal Payroll Tax (FICA)95,787.76
08/08/0808/11/08Orchard Trust/ Great WestDeferred Compensation24,148.00
08/11/0808/12/08TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)19,933.00
08/11/0808/12/08MN State TreasurerDrivers License/Deputy Registrar(city clrk)4,709.75
08/08/0808/12/08Labor UnionsUnion Dues2,014.00
08/08/0808/12/08ARC AdministrationHRA Flex plan1,361.28
08/08/0808/12/08MN State TreasurerState Payroll Tax19,709.87
08/12/0808/13/08WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)14,798.50
08/13/0808/14/08ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)13,190.25
08/14/0808/15/08FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)11,120.43
*Detailed listing of VISA purchases is attached.
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Agenda Item M1
AGENDA REPORT
TO:
Chuck Ahl, Acting City Manager
FROM:
Karen Guilfoile, City Clerk
DATE:
August 20, 2008
RE:
Lawful Gambling License ? White Bear Lake Basketball
Introduction
White Bear Lake Basketball is requesting approval of an annual premise permit for
lawful gambling at Broadway Pizza. Approval is requested of the following resolution.
RESOLUTION
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that
the premises permit for lawful gambling is approved for the White Bear Lake Basketball
to operate at Broadway Pizza, located at 1900 County Road D East, Maplewood,
Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said permit
application as being in compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council
of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their
approval.
Recommendation
It is recommended that council approve the lawful gambling resolution application for the
White Bear Lake Basketball to operate at Broadway Pizza.
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Agenda Item M2
AGENDA REPORT
TO:
Chuck Ahl, Acting City Manager
FROM:
Karen Guilfoile, City Clerk
DATE:
August 20, 2008
RE:
Temporary Gambling Resolution and Fee Waiver for Temporary Beer (3.2) & Liquor
(Wine Only) License and Temporary Food Permit
Introduction
David Alois Schulender representing Church of St. Jerome?s has submitted an application for a
temporary beer (3.2) & liquor (wine only) licenses and a temporary food permit and requesting
that the fees of $304 be waived. This is St. Jerome?s annual fall festival and booya that will be
held on the school and church grounds located at 380 E. Roselawn Avenue. The fall festival will
be held on September 21 from 7:00 a.m. to 6:30 p.m. and the booya will be October 26 from
7:00 a.m. to 1:00 p.m.
They have also submitted an application for a temporary gambling permit. In order for the State
of Minnesota to issue a temporary gambling permit, approval of the following resolution from
the City is required:
RESOLUTION
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary gambling permit for lawful gambling is approved for the Church of St. Jerome?s, 380
E. Roselawn Avenue, to be used on September 21, 2008.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as being in
compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
As required, a certificate of coverage for liquor liability insurance from Catholic Mutual with an
endorsement protecting the City was required and received.
Recommendation
Approve the above resolution for a temporary gambling permit and waive required fees.
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Agenda Item M3
MEMORANDUM
TO: Chuck Ahl, Acting City Manager
FROM: Karen Guilfoile, City Clerk
DATE: August 18, 2008
RE: Request for Special Use Permit
Introduction
Brad Camitsch from the Ramsey County Sheriff?s Department has applied for a special
use permit to hold their annual ?Fright Farm? Halloween event at the Ramsey County
Extension Services Barn.
The annual event will be held October 10, 11 15, 16, 17, 18, 24, 30, and 31, from 7:00
p.m. to 11:00 p.m. There will also be a kids day on October 26 from 12:00 noon to 4:00
p.m.
Recommendation
It is recommended that the permit be approved.
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Agenda Item M4
AGENDA REPORT
TO:
Charles Ahl, Acting City Manager
FROM:
Michael Thompson, Assistant City Engineer
SUBJECT: Hazelwood Street Improvements, City Project 07-25, Approval of Limited Use
Permit with Mn/DOT (Trail Improvement)
DATE:
August 14, 2008
INTRODUCTION
The council should consider approving the limited use permit with Mn/DOT in order for the city to construct
a trail that would connect Hazelwood Street to the Bruce Vento Trail.
Background
The city received $40,000 in Mn/DOT cooperative agreement funding to construct the trail as part of the
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Hazelwood Street Improvements this year. On August 11 the council approved Change Order No.1 which
reflected the Mn/DOT contribution and awarded the contractor the authority to complete the trail work. It is
not recommended that the trail improvements begin until the council has approved the attached limited use
permit, as the trail would be located within the Mn/DOT right-of-way. The City Attorney has reviewed the
document.
Budget Impact
No costs are associated with the approval of this limited use permit.
RECOMMENDATION
It is recommended that the city council adopt the attached resolution approving the limited use permit with
Mn/DOT and authorize the mayor and city manager to sign the agreement signifying approval by the
council. The City Attorney is authorized to make minor revisions as needed.
Attachments:
1. Resolution Approving the Limited Use Permit
2. Limited Use Permit
3.Location Map
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Agenda Item M4
Attachment 1
CITY OF MAPLEWOOD
RESOLUTION
IT IS RESOLVED that the City of Maplewood approve a limited use permit, LUP#6211-0058, C.S. 6211
(36=1180), for a nonmotorized recreational trail from Hazelwood Street to the Bruce Vento Trail (RR
overpass) located south of TH 36.
IT IS FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute the
Agreement and any amendments to the Agreement.
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Adopted by council this 25 day of August 2008.
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Attachment 2
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT FOR
NONMOTORIZED RECREATIONAL TRAIL
C.S. 6211(36=1180)
City of Maplewood
County of RAMSEY
Realms LUP # 6211-0058
TH 36 from RR to Hazelwood St.
In accordance with Minnesota Statutes Section 161.434 and 23 C.F.R. 652 also published as
the Federal-Aid Policy Guide, a Limited Use Permit is hereby granted to the City of
Maplewood, Permittee. This permit is for the purpose of constructing, maintaining and
operating a nonmotorized recreational trail, (hereinafter called trail), within the right of way of
Trunk Highway No. 36 as shown in red on Exhibit "A", which is attached hereto and
incorporated herein by reference. This permit is executed by the Permittee pursuant to the
attached resolution. In addition, the following special provisions shall apply:
SPECIAL PROVISIONS
1. The construction, maintenance, and supervision of the trail shall be at no expense to the
Minnesota Department of Transportation.
2. Before construction of any kind, the plans for such construction shall be approved in
writing by the Minnesota Department of Transportation, through the District Engineer.
3. No permanent structure(s) or advertising device(s) in any manner, form or size shall
be constructed, placed or permitted to be constructed or placed upon the State of
Minnesota right of way.
4. No commercial activity or activities shall be allowed to operate upon said State of
Minnesota right of way.
5. Any and all maintenance of the trail, and all facilities a part thereof, shall be provided by
the Permittee; this includes, but is not limited to, the plowing and removal of snow, and
the installation and removal of regulatory signs.
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Attachment 2
6. This permit is non-exclusive and is granted subject to the rights of others, including, but
not limited to public utilities which may occupy said right of way.
7. The Permittee shall preserve and protect all utilities located on the lands covered by this
permit at no expense to the Minnesota Department of Transportation and it shall be the
responsibility of the Permittee to call the Gopher State One Call System
at 1-800-252-1166 at least 48 hours prior to performing any excavation.
8. The Permittee shall construct the trail at the location shown in the attached Exhibit "A"
subject to verification by the Minnesota Department of Transportation District Engineer
that the construction geometrics and procedures result in a trail that is compatible with
the safe and efficient operation of the highway facility.
9. Approval from Minnesota Department of Transportation District Engineer shall be
required for any changes from the approved plan.
10. Upon completion of the construction of the trail, the Permittee shall restore all disturbed
slopes and ditches in such manner that drainage, erosion control and aesthetics are
perpetuated.
11. This permit does not release the Permittee from any liability or obligation imposed by
federal law, Minnesota Statutes, local ordinances, or other agency regulations relating
thereto and any necessary permits relating thereto shall be applied for and obtained by
the Permittee.
12. Any use permitted by this permit shall remain subordinate to the right of the Minnesota
Department of Transportation to use the property for highway and transportation
purposes. This permit does not grant any interest whatsoever in land, nor does it
establish a permanent park, recreation area or wildlife or waterfowl refuge facility that
would become subject to Section 4 (f) of the Federal-Aid Highway Act of l968, nor does
this permit establish a Bikeway or Pedestrian way which would require replacement
pursuant to Minnesota Statutes Section 160.264.
13. This permit shall be subject to cancellation and termination by the Minnesota
Department of Transportation, with or without cause, by giving the Permittee 90
days written notice of such intent. Upon said notice of cancellation the trail shall be
removed within 90 days by the Permittee. Upon cancellation of said permit, or any
portion thereof, the Permittee will be required to return and restore the area to a
condition satisfactory to the Minnesota Department of Transportation District Engineer.
The removal of the trail and the return and restoration of the area shall be at no cost to
the Minnesota Department of Transportation and at the sole expense of the Permittee.
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Attachment 2
14. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions
of Title VI Appendix C of the Civil Rights Act of l964, which provides in part that no
person in the United States, shall on the grounds of race, color, or national origin, be
excluded from, or denied use of any trail.
15. The State of Minnesota, through its Commissioner of Transportation, shall retain the
right to limit and/or restrict the parking of vehicles and assemblage of trail users on the
highway right of way over which this permit is granted, so as to maintain the safety of
both the motoring public and trail users.
16. No assignment of this permit is allowed.
17. The Permittee shall not dispose of any materials regulated by any governmental or
regulatory agency onto the ground, or into any body of water, or into any container on
the State?s right of way. In the event of spillage of regulated materials, the Permittee
shall provide for cleanup of the spilled material and of materials contaminated by the
spillage in accordance with all applicable federal, state and local laws and regulations,
at the sole expense of the Permittee.
18. The Permittee shall hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and employees and its successors and assigns, from
liability claims for damages because of bodily injury, death, property damage, sickness,
disease, or loss and expense arising from the operations of the trail or from the use of
the portion of highway right of way over which this permit is granted.
19. The Permittee shall hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and employees and its successors and assigns from
claims arising or resulting from the temporary or permanent termination of trail user
rights on any portion of highway right of way over which this permit is granted.
20. The Permittee will hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and employees from claims resulting from temporary or
permanent changes in drainage patterns resulting in flood damages.
21. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other
persons acting for, through or under it or any of them), covenants that no laborers',
mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall
be filed or maintained by it or by any subcontractor, materialmen or other person or
persons acting for, through or under it or any of them against the work and/or against
said lands, for or on account of any work done or materials furnished by it or any of
them under any agreement or any amendment or supplement thereto; agrees to
indemnify and hold harmless the State of Minnesota from all such liens and claims.
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Agenda Item M4
Attachment 2
MINNESOTA DEPARTMENT
OF TRANSPORTATION CITY OF MAPLEWOOD
RECOMMENDED FOR APPROVAL
By: _____________________
Its: Mayor___________
By: _____________________
Its: _ Acting City Manager ____
Date: ________ __
By:_______________________________
District Engineer
Date______________________________
APPROVED BY:
COMMISSIONER OF TRANSPORTATION
By:_______________________________
Director, Office of Land Management
Date______________________________
The Commissioner of Transportation
by the execution of this permit
certifies that this permit is
necessary in the public interest
and that the use intended is for
public purposes.
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Attachment 3
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Agenda Item M5
AGENDA REPORT
TO:
Charles Ahl, Acting City Manager
FROM:
Michael Thompson, Assistant City Engineer
SUBJECT: TH 61/ Frost Avenue Improvements, City Project 07-30, Approve Trail
Maintenance Agreement with Ramsey County Parks and Recreation
DATE:
August 14, 2008
INTRODUCTION
The city council will consider approving the attached agreement for the construction and long term
maintenance of a trail segment that would be located within the limits of a Ramsey County Park at the
northwest quadrant of the intersection of TH 61 and Frost Avenue.
Background
After conversations with representatives from Ramsey County Parks and Recreation it was determined the
entities should enter into an agreement for the construction and long term maintenance of the proposed
trail, which will connect the intersection of TH 61 and Frost Avenue to the Gateway Trail, and be completed
as part of City Project 07-30. The County would prefer to have this type of agreement rather than
dedicating property to the city. This is similar to the recent agreement approved that allowed the city to
construct the Kohlman Marsh treatment ponds as part of the Kohlman Lane Area Street Improvements. An
exhibit is attached that shows the portion of trail that will be located within the County property. In
preparing the improvement plans for the intersection improvements, this alignment was identified for
making the needed connection between Frost Avenue and the Gateway Trail. The bid opening for the
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project is slated for September 12. Improvements would begin in late September upon approval from the
council for awarding of a construction contract. The Parks Commission has also reviewed and discussed
this proposed trail segment and the commission supports this request to provide access to the Gateway
Trail.
The City Attorney and the Ramsey County Parks attorney have reviewed the documents along with city
and county staff. It has been agreed by both parties that the maintenance agreement can be presented
before both the Maplewood City Council and the Ramsey County Board for approval in its current form.
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The Ramsey County Board to take action September 9.
Budget
No cost is associated with the approval.
RECOMMENDATION
Staff recommends that the council approve the attached agreement between Ramsey County Parks and
Recreation and the City of Maplewood for the construction and long term maintenance of the trail and
direct the Mayor and City Manager to sign the agreement signifying council approval.
Attachments:
1. Agreement
2. Trail Exhibit
3. Location Map
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Agenda Item M5
Attachment 1
AGREEMENT
BETWEEN
CITY OF MAPLEWOOD AND COUNTY OF RAMSEY
FOR CONSTRUCTION AND LONG TERM MAINTENANCE OF A PROPOSED TRAIL
CONNECTION TO THE GATEWAY TRAIL ON COUNTY PARK AND RECREATION
LAND
This Agreement is between Ramsey County, Minnesota, a political subdivison of the
State of Minnesota, on behalf of the Parks and Recreation Department, 2015 North Van Dyke
County
Street, Maplewood MN 55109 (??) and the City of Maplewood, a municipal corporation
City
of the State of Minnesota, 1830 County Road B East, Maplewood MN 55109 (??).
WHEREAS
, The City is reconstructing the intersection of TH 61 and Frost
Avenue/Parkway Drive (CSAH 27), including signal replacement, geometric improvements and a
bituminous trail connection to the DNR Gateway Trail; and
WHEREAS
, A segment of the proposed bituminous trail connection is on Ramsey
County Park and Recreation land, owned by the County; and
WHEREAS,
The City has requested permission from the County to construct a portion
of the trail connection on the Park and Recreation Property; and
WHEREAS, This trail connection will provide additional recreational opportunities for
users of Keller Regional Park; and
WHEREAS,
The City will be responsible for all costs associated the design,
construction, and on-going maintenance, replacement and reconstruction of the proposed trail
connection.
NOW, THEREFORE,
in consideration of the mutual covenants and promises made
herein, the parties agree as follows:
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Agenda Item M5
Attachment 1
SECTION 1
TERMS
1)
The City may construct the proposed trail connection on Ramsey County Park
and Recreation property as described as follows:
That part of the Northwest Quarter of the Southwest Quarter (NW1/4
SW1/4) of Section 16, Township 29 North, Range 22 West, Ramsey
County, Minnesota, lying southerly of the Wisconsin Central Railroad
right-of-way and westerly of part deeded to City of St. Paul.
and,
2)
The City shall construct the proposed bituminous trail per the attached plans,
Exhibit A. The trail alignment shall be verified by Ramsey County prior to
construction.
3)
The City shall notify the County at least three (3) days in advance of
commencing construction on County property.
4)
The project design shall conform to the permit requirements of the Ramsey-
Washington Metro Watershed District, if applicable, and shall be made a part of
this agreement.
5)
The City shall be responsible for all costs associated with the design,
construction, and on-going maintenance, replacement and reconstruction of the
bituminous trail.
6)
The City shall not assess the County for any costs associated with the trail
construction or any on-going maintenance of the trail.
7)
The County grants the City limited access to the property solely for the purposes
of maintaining the trail.
8)
The City shall perform routine maintenance to the trail. Routine maintenance
shall include sweeping, snow removal, bituminous patching and periodic
overlays. The City shall contact the County a minimum of 72 in advance of any
restoration or reconstruction activities.
9)
The County grants the City permission to utilize the equipment and labor
necessary for cleaning and maintenance activities on the trail.
10)
The City shall be responsible for restoration of all areas disturbed by construction
and maintenance activities. Restoration shall be completed per the original
construction plans unless otherwise agreed to by the County.
11)
The City shall be solely responsible for complying with all laws, ordinances,
rules or requirements of any other Federal, State, Municipal or local agencies
regarding any matters relating to the trail. The City shall secure all required
permits prior to commencing construction.
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Agenda Item M5
Attachment 1
SECTION 2
DURATION
1)
The City shall perform maintenance, restoration and reconstruction activities on
the trail in a timely manner and to the satisfaction of the County. The County
shall submit any requests for maintenance and improvements of the trail to the
City in writing. The City shall respond to the written request within 30 days of
receiving the notice. Upon responding to the request, the City and County shall
coordinate a reasonable time for performing requested maintenance activities.
2)
Should the City not perform the ongoing maintenance or improvement activities,
deviate from the terms of Section 1, or not respond to the County within 30 days
of a maintenance request, the County may, with 60-day written notice, terminate
this agreement. Upon such termination, and if requested by the County, the City
shall remove the trail from County property and restore the property to the
satisfaction of the County.
SECTION 3
MEETINGS
1)
The City, through its Public Works Department or proper designee, agrees to meet at
the request of the County should any issue arise under this Agreement. The purpose
of said meetings shall be to discuss issues which affect the substantive rights of the
parties under this Agreement. The time and place of any such meeting, hereunder,
shall be determined by the parties with reasonable notice to one another. The parties
retain the right to conduct meetings through other electronic means as is acceptable to
both parties.
SECTION 4
AGREEMENT SUBJECT TO DATA PRACTICES ACT
1)
This Agreement shall be subject to the Minnesota Data Practices Act, at
Minnesota Chapter 13, comparable provisions and Federal Law.
SECTION 5
INDEMNIFICAION & INSURANCE
1)
The City shall defend, indemnify and hold the County, its official, agents and
employees harmless from any claims, suits, causes of action liabilities, damages
and costs (including reasonable attorney?s fees) of whatsoever nature arising out
of or relating to activities, actions or inactions of the City, its agents, contractors
or employees in all activities relating to this project and on-going maintenance.
This provision shall survive the expiration of this agreement.
2)
The City shall provide the County with an Insurance Certificate naming the
County as an ?Additional Insured? which is acceptable to the County Risk
Manager prior to entering County property.
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Agenda Item M5
Attachment 1
SECTION 6
MEDIATION OF DISPUTES
1)
Any and all disputes between the parties under and concerning this Agreement,
including its formation and the entering into the clause itself, shall be subject to
mediation. The dispute shall be submitted to a mediator selected and agreed
upon by the parties within thirty (30) days. In the event that the parties cannot
agree to a mediator, a mediator shall be chosen by the Chief Judge of the Ramsey
County District Court. The costs of mediation shall be equally divided between
the parties.
SECTION 7
COMPLETENESS OF THE AGREEMENT
1)
This document contains all the terms and conditions of this Agreement, and any
alterations or variations of the terms of this Agreement shall be invalid unless
made in writing and signed by the parties. There are no other understandings,
representations or agreements, written or oral, not incorporated herein. If any
part of this Agreement is declared null and void by law, the remaining paragraphs
of said Agreement shall be valid.
SECTION 8
NOTICES
1)
Whenever it shall be required or permitted by this Agreement that notice or
demand be given or served by either party to or on the other party, such notice or
demand shall be delivered personally or mailed by United States mail to the
addresses hereinafter set forth by certified mail. Such notice or demand shall be
deemed timely given when delivered personally or when deposited in the mail in
accordance with the above. The addresses of the parties hereto for such mail
purposes are as follows, until written notice of such address has been given:
City Manager Director
City of Maplewood Ramsey County Parks and Recreation Dept.
1830 County Road B East 2015 North Van Dyke Street
Maplewood, MN 55109 Maplewood, MN 55109
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Agenda Item M5
Attachment 1
Wherefore, the parties have executed this Agreement on the last date written below.
RAMSEY COUNTY CITY OF MAPLEWOOD
__________________________________ _____________________________
Jan Parker, Chair Mayor
Ramsey County Board of Commissioners
Date:_____________________________ Date:_________________________
_________________________________ _____________________________
Bonnie Jackelen, Chief Clerk City Manager
Ramsey County Board of Commissioners
Date:_____________________________ Date:_________________________
_____________________________
Approved as to form by
Legal Counsel
Approval Recommended:
__________________________________
Gregory A. Mack, Director
Parks and Recreation Department
Approved As to Form and Insurance:
__________________________________
Assistant County Attorney
__________________________________
Budgeting and Accounting
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Attachment 2
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ß¹»²¼¿ ·¬»³ Óê
AGENDA REPORT
To
: Charles Ahl, Acting City Manager
From
: DuWayne Konewko, Deputy Director of Public Works
Subject:Joy Park Phase 1 Improvements for 2008, Requesting Approval for Resolution
Approving Plans and Specifications and Advertising for Bids
Date:
August 14, 2008
INTRODUCTION
Final Plans and specifications for the above referenced project have been prepared and are ready to be
advertised for bids. The proposed bid opening for this project will be scheduled for Friday, September 19,
2008, at 10:00 a.m. Awarding of the bid would be considered by City Council at the September 22, 2008,
meeting.
BACKGROUND
The City Council authorized preparation of plans and specifications at the June 23, 2008, regular meeting.
The project is based on work completed in 2004, under which Maplewood completed the Joy Park Master
Plan after a series of public meetings. In 2008, $200,000 CIP funds were allocated to begin implementing
the outcomes of the Joy Park Master Plan. An additional $50,000 in CIP funds is available for the Lake
Links trail segment that will go through Joy Park. The Lake Links when complete will link Maplewood?s trail
system to the larger regional trail system. This trail will also complete the loop around Silver Lake which
was considered a priority by the residents who participated in the public meetings. This Phase 1 work is
the first phase of a multi-year effort to implement the improvements identified in the Joy Park Master Plan.
The project includes 2,800 feet of 10-foot wide bituminous trail along Joy Road/Lydia Avenue from Helen
Street to Trunk Highway 120; reconstruction of the east parking lot and boat-trailer parking areas; creation
of rainwater gardens surrounding the parking area; and restoration of between 300 and 600 feet of
shoreline in the western portion of the Park. The final portion of shoreline improvements will depend, in
part, on the extent of cost share funding provided by the Valley Branch Watershed District.
The Park Commission will be reviewing this item at the August 20, 2008 meeting and staff will update the
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City Council at the August 25 council meeting on the outcome of the Park Commission meeting.
BUDGET IMPACT
The total project budget as reported to Council at the June23, 2008 regular meeting was $250,000
including $200,000 from CIP PM03.060 (Joy Park Improvements) and $50,000 from CIP PM07.100 (Parks
Trail Development).
The City has initiated a grant request from the Valley Branch Watershed District to share in the costs of the
shoreline restoration work. Staff has received a favorable initial response from VBWD and Ramsey
Conservation District representatives. The VBWD grant subcommittee will have reviewed the project at
their August 19, 2008, meeting. Pending a positive recommendation by the subcommittee, the full VBWD
Board will be considering the request at their August 28, 2008, meeting. The grant amount will be 50
percent of the shoreline work. The grant amount could range between $20,000 and $40,000. Additional
grant funds may be available from the Ramsey Conservation District in the amount of $1,000.
A summary of the anticipated project budget is provided below:
Budget Items 2008
City CIP - Joy Park Improvements $200,000
Annual Trail Funds $50,000
Total City Budget $250,000
Cost Items 2008
Lake Links Trail Construction $120,000
East Parking Lot and Rain Gardens $40,000
Shoreline Restoration $60,000
Construction Subtotal $220,000
Engineering and Admin $60,000
Total Project Costs $280,000
VBWD Cost-share (pending) 50% or Shoreline Restoration $30,000
City Portion of Total Project Costs $250,000
RECOMMENDATION
It is recommended that the city council approve the attached resolution for the Joy Park Phase 1
Improvements for 2008, City Project Fund Number 403-000-351-4720: Approving Plans and Specifications
and Advertising for Bids.
Attachment:
1. Resolution
2. Location Map
3. Specification and Plan Sheets
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RESOLUTION
APPROVING PLANS
ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on June 23rd, 2008 plans and
specifications for Joy Park Phase I Improvements 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 19th day of September, 2008, at the 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 of September 22,
2008.
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MEMORANDUM
TO: Chuck Ahl, Acting City Manager
FROM: DuWayne Konewko, Deputy Director Public Works
Ann Hutchinson, Lead Naturalist
Ginny Gaynor, Open Space Naturalist
RE: Requesting Approval for Award of Bid for the Maplewood Nature
Center Sustainable Landscape Project/Council Acceptance of Grant from
RWMWD
DATE: August 13, 2008
INTRODUCTION
In 2005, $75,000 out of the Capital Improvement Plan (CIP Project #PR04-030) was approved
and provided for Land Improvement activities at the Maplewood Nature Center. Nature Center
staff worked with designers to develop a landscape plan for the site that addresses stormwater
runoff problems and creates demonstrations featuring environmentally-friendly landscaping. In
August 2008, staff requested bids for installation of the landscape design features in the Master
Plan. In addition, staff applied for a $27,175 grant from Ramsey-Washington Metro Watershed
District (RWMWD) for this project and the district has awarded the full grant to the city.
DISCUSSION
Maplewood is committed to promoting the use of stormwater best management practices
(BMP?s) and sustainable landscaping. The city incorporates these strategies on many of its
public lands and boulevards. The city has designated City Hall Campus as a demonstration site
for BMP?s and environmentally-friendly landscaping. Several ?campus plan? projects to manage
stormwater and establish low-input native plantings have been implemented. The Maplewood
Nature Center, with it educational mission, is another facility that should be a primary
demonstration site for stormwater management and sustainable landscape practices.
Native plant gardens at the Nature Center have been in place for many years and are a key
attraction. But there are no rain gardens at the visitor center and little has been done to address
stormwater management in the visitor center parking lot and yard. Not only is stormwater runoff
an environmental concern for the water quality of Green Heron Pond but drainage problems on
the site are also hazardous to visitors of the Nature Center and to the property.
The Maplewood Nature Center Sustainable Landscape Project will showcase solutions for
stormwater management and sustainable landscapes. The demonstrations have been
designed to engage people and give them ideas that they can incorporate into their home or
business landscapes. To this end, staff has worked with a landscape designer to develop a
master plan for the site (Attachment 1).
Landscape Design Highlights
The primary goals for the landscape project are: 1) Resolve drainage, compaction, and erosion
problems, and 2) Create demonstration areas that feature environmentally-friendly landscaping
strategies. Some of the highlights are listed below.
Resolve flooding, erosion and compaction problems ? This project includes
grading to direct runoff from the visitor center, yard area, and parking area into four
rain gardens. It redesigns the transition between pavement and limerock trail to
prevent erosion. It installs a sidewalk in a high-use pathway. And it adds pavers
around the shed to help reduce maintenance and improve usability of this utility area.
Rain canal ? The rain canal will become a major feature of the landscape. This is a
concrete and stone channel that collects water from the roof and directs it into a
series of rain gardens. This is an interactive exhibit that?s designed to engage
children and teach them about stormwater in a fun manner. The design will show
homeowners and business owners an interesting and aesthetically pleasing way to
direct water to a rain garden.
Rain barrels ? The design includes three new rain barrels to collect roof runoff. Two
of these will be part of the rain canal. These two will store water which can be
released into the rain gardens during educational programs.
Outdoor classroom/ amphitheater ? This is a council ring or gathering area for
formal programs or casual use. It has two rows of seating. It is built adjacent to an
existing berm and will help integrate the berm into the surrounding landscape.
Picnic area ? The design places the main picnic area near the building.
Trail ? A trail in the yard will help integrate the Nature Center yard with the rest of the
preserve. Parts of the trail will be visible from sitting areas providing an opportunity
for children to explore on their own, while being within view of adults.
Nature play area ? For young children, existing downed logs on the site are popular
play features. The design defines a small children?s play area with natural features
such as logs and boulders. Friends of Maplewood Nature are raising funds for a
climbing boulder for this area.
Memorial pavers ? People often want to commemorate a loved one with something
special at the Nature Center. The design includes an area for memorial pavers.
Pervious pavers ? A section of pervious pavers will be installed in the front patio.
This is being done to correct a drainage problem, but it will also serve as a
demonstration of pervious pavers.
In addition to contracted work, staff will install the wetland/rain garden on the edge of the
parking lot and volunteers will plant trees, shrubs, and herbaceous plants. Planting will take
place in 2009.
Nature Center staff sent the concept plan to nearby residents, encouraging them to view the
design at the Nature Center and discuss it with staff. Staff also notified them about the Parks
Commission and City Council meetings regarding this proposed project.
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Bidding Process
In August, staff published a call for bids in the Maplewood Review. A bid was received from
Earthworks, a small landscape installation firm. No other bids were received. The Earthworks
bid includes a detailed design for the rain canal developed by subcontractor Nolan King, an
award-winning concrete contractor. The city can only use this rain canal design if this bid is
accepted. Although only a single bid was received, staff believes this is a fair bid and costs
were in-line with projections.
Project Bid and Funding
A copy of the bid from Earthworks is attached (Attachment 2). The basic bid is $66,220. There
are additional bid items totaling $24,715. Staff would like to accept the basic bid with the
additional items: replace existing sidewalk, install memorial pavers, install rain planter, and
install mesh in play area to prevent compaction. The total cost for the project with the above
items would be $82,760.
$51,660 is available for this project in CIP #PR04.030. RWMWD has awarded the city a
$27,175 grant for this project. The remaining monies, under $5,000, are available for use in the
Open Space Management Budget ? line item 4480 ? fees for service.
RECOMMENDATION
Staff recommends that the City Council accept the bid by Earthworks for the Maplewood Nature
Center Sustainable Landscape Project.
Staff recommends funding the project in the amount of $82,760, to include all items in the base
bid plus additional bid items: replace existing sidewalk, install memorial pavers, install rain
planter, and install mesh in play area.
Staff recommends that the following funds are used for the project: $51,660 from CIP
#PR04.030, $27,175 grant from RWMWD, and no more than $5,000 out of the Open Space
Management Budget ? fees for service. All monies from these accounts are provided for in
each of the respective budgets.
Staff recommends that the city council accept the $27,175 matching grant from RWMWD. This
grant requires us to provide a minimum match of $27,175.
ATTACHMENTS:
1. Master Site Plan
2. Earthworks Bid Form
3. Water Channel Detailed Design
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