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Home My WebLink About2006-10-17 CC Packet illwater . TME III'N'LACE OF MINNESOTA AGENDA CITY COUNCil MEETING NO. 06-23 Council Chambers, 216 North Fourth Street October 17, 2006 PUBLIC HEARINGS 1. This is the date cleanup of gar published in 2. This is the modifica . Incre 1, p 469.1 n subjects which are not a part of of the statement or may give direction REGULAR MEETING CALL TO ORDER ROll CAll APPROVAL OF MINUTES - Possible approval of the October 3, 2006 reces PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Award of Valor - Jeffery P. Roettger 2. Citizen Commendations - Michael J. Tuft & Eric Bergsted 3. Proclamation for National Business Women's Week OPEN FORUM The Open Forum is a portion of the Council meeting to ad the meeting agenda. The Council may take action or repl to staff regarding investigation of the concerns expressed. STAFF REPORTS 1. Police Chief 3. City Clerk IIIIii. Fire Chief 4. Director of Admin ~ONSENT AGENDA" 1. Resolution 2006-222, directing paym 2. Resolution 2006-223, approval of r 3. Resolution 2006-224, approval 4. Possible approval of utility bill a 5. Possible approval of releas 6. Resolution 2006-225, ap 7. Resolution 2006-226, ap 8. Resolution 2006-227 ,5. 6. 7. City Attorney 8. Finance Director 9. City Administrator h SafeAssure Consultants construction agreement with Mn/DOT (Tara Terminal) - Library ane Lift Station Upgrade Project ngagement Contract with Milliman and Associates of additional election judge r a public hearing to consider the proposed assessment for demolition and 8 Pine Tree Trail. Notice was sent to the affected property owner and water Gazette on October 3,2006 (Resolution) . for a public hearing on the following matters: the proposed adoption of a elopment Program for Development District No.1, the modification of Tax Plan for District No. 10 (a Redevelopment District) within Development District No. in accordance with Minnesota Statutes S469.124 to 469.134 and 469.174 to olution) UNFINISHED BUSI ESS 1. Possible second reading of Ordinance 980, an ordinance amending the Stillwater Code, Chapter 31 entitled Zoning Ordinance by amending Subdivision 11.3, Subsection 4, Paragraph 9 related to . driveway width in the CR Zoning District. NEW BUSINESS 1. Possible approval of South Fifth Street Sewer and Water Extension (Resolution) 2. Possible removal of assessment on 2006 Sidewalk Project (Resolution) 3. St. Croix Valley Community Center 4. Consideration of stop signs @ 2nd and Nelson Street (Resolution) 5. Possible approval of contract for pay equity analysis and reporting (Resolution) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEMS . * All items listed under the consent agenda are considered to be routine by enacted by one motion. There will be no separate discussion on these it citizen so requests, in which event, the items will be removed from th separately. cil and will be Council Member or da and considered STAFF REPORTS (continued) ADJOURNMENT . . 2 . Hlwater TilE 11.,",lACl OF ....110'. AGENDA CITY COUNCIL MEETING NO. 06-23 Council Chambers, 216 North Fourth Street October 17, 2006 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Possible approval of the October 3, 2006 recessed and regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Award of Valor - Jeffery P. Roettger 2. Citizen Commendations - Michael J. Tuft & Eric Bergsted 3. Proclamation for National Business Women's Week OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. STAFF REPORTS 1. Police Chief .. Fire Chief CONSENT AGENDA* 1. Resolution 2006-222, directing payment of bills 2. Resolution 2006-223, approval of agreement with SafeAssure Consultants 3. Resolution 2006-224, approval of cooperative construction agreement with Mn/DOT (Tara Terminal) 4. Possible approval of utility bill adjustment 5. Possible approval of release of capital funds - Library 6. Resolution 2006-225, approval of Echo Lane Lift Station Upgrade Project 3. City Clerk 4. Director of Admin 5. Community Dev. Director 6. City Engineer/PWD 7. City Attorney 8. Finance Director 9. City Administrator PUBLIC HEARINGS 1. This is the date and time for a public hearing to consider the proposed assessment for demolition and cleanup of garage area at 708 Pine Tree Trail. Notice was sent to the affected property owner and published in the Stillwater Gazette on October 3,2006 (Resolution> 2. This is the date and time for a public hearing on the following matters: the proposed adoption of a modification to the Development Program for Development District No.1, the modification of Tax Increment Financing Plan for District No.1 0 (a Redevelopment District) within Development District No. 1, pursuant to and in accordance with Minnesota Statutes S469.124 to 469.134 and 469.174 to 469.179. (Resolution> UNFINISHED BUSINESS 1. Possible second reading of Ordinance 980, an ordinance amending the Stillwater Code, Chapter 31 entitled Zoning Ordinance by amending Subdivision 11.3, Subsection 4, Paragraph 9 related to driveway width in the CR Zoning District. eEW BUSINESS 1. Possible approval of South Fifth Street Sewer and Water Extension (Resolution> 2. Possible removal of assessment on 2006 Sidewalk Project (Resolution) 3. St. Croix Valley Community Center 4. Consideration of stop signs @ 2nd and Nelson Street (Resolution) 5. Possible approval of contract for pay equity analysis and reporting (Resolution) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REQUESTS . COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. . . 2 :' ,. . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 06-22 October 3, 2006 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Fire Chief Glaser Police Chief Dauffenbach Public Works Director Sanders Finance Director Harrison City Clerk Ward OTHER BUSINESS Hearinq relatino to Emerqencv Abatement Order relatino to 1167 Parkwood Lane City Administrator Hansen advised the Council that on Sept. 20, 2006, the City, under his signature, issued an Emergency Abatement Order for a nuisance that constituted an immediate danger and hazard. Last week, the City received a call from the owner requesting his right to a public hearing. Mr. Hansen stated the owner indicated he was unable to attend the Oct. 3 hearing and it was suggested that the owner send a representative; the owner indicated he would not be able to do either. Mr. Hansen asked what the owner hoped to accomplish at the hearing and there had been no further response from the owner. Mayor Kimble opened the public hearing. No comments were received, and the hearing was closed. Mr. Hansen said the City would proceed with the cleanup and assess the cost to the property owner. He said the work would have to be contracted out. Councilmember Junker suggested that depending on the timeframe, staff should check the fencing of the property to ensure safety. Motion by Council member Milbrandt, seconded by Councilmember Harycki to proceed with the abatement order. Mayor Kimble suggested perhaps setting some timeframe for proceeding. Councilmember Milbrandt amended his motion to include notifying the property owner he has five business days to clean up the property or the City will proceed with implementing the Abatement Order and assess the costs. Councilmember Harycki amended his second. All in favor. City Council Meeting - 06-22 '\ October 3, 2006 Washinoton County - Presentation of Campus Improvements . Don Thiesen, Washington County Transportation and Physical Development Director and County Interim Public Works Director, introduced County representatives including Commissioner Gary Kriesel, County Administrator Jim Schug, Planner Ann Pung Terwedo, facilities managers Keith Pott and Amy Stoddinger, and architects Joel Dunning and Mike Cox. Mr. Thiesen provided an overview of the project, which includes six phases. The first phase, construction of a parking lot, is scheduled to begin this winter, he said. The presentation focused on the next three phases, a 3-story addition to the Law Enforcement Center, 5-story courts addition, and remodeling of courts and west wing of the Government Center; those three phases are to be done simultaneously, he said. The final phase will be a remodeling of the south wing. When the project is completed, he said, the north wing of the campus will be court services; all other services will be accessed from the south wing. It is anticipated ground-breaking for the two-year project that encompasses phases two-five will take place next spring, he said, with full completion in 2009. He said the County will be looking at traffic improvements in conjunction with the project. Architects Mike Cox and Joel Dunning reviewed the concept drawings, locations of various functions and aerial views of what the new additions might look like from various points, and project scheduling. Council member Harycki asked if residents of Paris Avenue to the east had been informed of plans/potential traffic impacts. It was noted thr.... County held an open house, which no one attended, as part of the parking lot project; . the County will be looking at traffic improvements as part of the project. Councilmember Junker asked about potential job creations. County Administrator Schug noted that courts are staffed by state employees; counties are required to provide space. Therefore, there would be no new jobs created. Mayor Kimble asked if there would be a need for any additional property annexation; county representatives said this project will not necessitate any additional annexation. Councilmember Milbrandt asked about the project costs; total cost is estimated at about $59 million. Library proiect update Bill Hickey, president of the Library Board of Trustees, was present. He said the official ribbon cutting was scheduled for Saturday, Oct. 7. Some touch-up work is being completed, he said. Generally, he said users have been very complimentary and pleased with the project. Council member Milbrandt asked about the timeframe for opening of the coffee shop area; Mr. Hickey said they are in negotiation with a local business to operate the service. Councilmember Junker asked about the collapse of the retaining wall. Mr. Hickey said a small section of the wall on the south collapsed, likely due to inadequate soil compaction. That section of the wall has been rebuilt, he said, with additional reinforcing. Council member Harycki asked if any utility bills had been received yet; Mr. Hickey said none had been received. Councilmember Milbrandt asked about the use of the Fourth Street entrance; Mr. Hickey said once users are aware parking is more plentiful off Third Street, parking will naturally shift to that entrance in . Page 2 of 9 , City Council Meeting - 06-22 October 3,2006 . the future. Council member Milbrandt asked if additional plantings were planned for the Fourth Street side; Mr. Hickey said landscaping is completed at this time. STAFF REPORTS Fire Chief Glaser invited the Council to visit the department between meetings to view new equipment and meet staff to help kickoff Fire Prevention Week Oct. 8-14. Finance Director Harrison reported that the dates for the City's Truth In Taxation Hearings had to be changed due to a conflict with the School District's hearings. Due to the County's timeframe, staff had to select new dates for the hearings. She said Monday, Dec. 4, was selected for the initial hearing and Monday, Dec. 11, for the continued hearing, if necessary. Ms. Harrison suggested that the Council could change its regularly scheduled meeting of Dec. 5 to Dec. 4 to avoid meeting on two consecutive nights. It was consensus to change the regular meeting date for the first meeting in December to coincide with the Truth In Taxation hearing. Motion by Council member Junker, seconded by Council member Milbrandt to hold the first regular Council meeting in December on Monday, December 4, 2006. All in favor. City Administrator Hansen told the Council that the workshop with the Brown's Creek Watershed District was scheduled for Nov. 21 at 4:30 p.m. . Meeting was recessed at 5:15 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna (7:30 p.m.) and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Fire Chief Glaser Interim Public Works Director Sanders Police Chief Dauffenbach City Clerk Ward APPROVAL OF MINUTES Motion by Council member Junker, seconded by Council member Milbrandt to approve the September 19, 2006, special and regular meeting minutes and September 29, 2006, special meeting minutes. All in favor. . Page 3 of 9 \ City Council Meeting - 06-22 October 3,2006 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS . Presentation of retirement plaque - Ron Axdahl for 25 years of service Fire Chief Glaser presented a plaque to Ron Axdahl in appreciation of 25 and one-half years of service to the City and residents of Stillwater. Heritaoe Preservation Awards for best projects of 2006 Heritage Preservation Commission Chair Howard Lieberman presented the awards for the best projects of 2006. Awards went to Tom and Sherry Armstrong for the Teddy Bear Park barn; Steve Bremer for the building by the Joseph Wolf brewery; Thomas and Audrey Huninghake for their restoration/rehabilitation of the home on Third Street; John and Kim Bracht for their residential renovation; and Aprille Showers Tea Room for signage. OPEN FORUM Fire Chief Glaser informed the public that October is National Fire Prevention Month, with Fire Prevention Week scheduled for Oct. 8-14. This year's theme is Prevent Cooking Fires: Watch What You Heat. He noted that in the past five years, over 21 fires were started by cooking mishaps. The annual Fire Station open house is scheduled for Saturday, Oct. 14, and he invited all interested residents to attend; a variety of activitie. are planned. CONSENT AGENDA* Motion by COI,mcilmember Junker, seconded by Councilmember Harycki to approve the consent agenda.' Aye: Councilmembers Harycki, Junker, Milbrandt, and Mayor Kimble Nays: None Resolution 2006-212, directing payment of bills Resolution 2006-213, approving Health and Dental Insurance premiums and City contributions for 2006 Resolution 2006-214, authorizing execution of Grant Agreement with the State of Minnesota acting through the Commissioner of Public Safety, State Patrol Division for Operation Nightcap Possible approval of special event - Neighborhood Block Party - October 21,2006 - Chris Lottsfeldt Possible approval of special event - Veterans Memorial Committee - November 11, 2006 Resolution 2006-215, appointment of additional election judges for 2006 General Election Resolution 2006-216, approval of agreement for snow removal services 2005-06 with Lehmicke Construction . Page 4 of9 , . . . City Council Meeting - 06-22 October 3,2006 Resolution 2006-217, accepting work and ordering final payment for 2005 Street Improvement Project Resolution 2006-218, approving security alarm system monitoring agreement Resolution 2006-219, approving appointment of Shawn Sanders as Public Works Director/City Engineer PUBLIC HEARINGS This is the date and time for a public hearino to consider the proposed assessments for the 2006 Sidewalk Proiect. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 15. 2006. Interim Public Works Director Sanders said the 2006 project included 62 properties that included 10,000 square feet of sidewalk rehabilitation. Total cost was $92,000, with 50 percent of the cost assessed to property owners or about $3.86 per square foot. $39,000 was assessed to property owners, with the City's cost $53,000. The City cost was higher, he noted, because some City projects were added, such as the sidewalk in front of City Hall. The assessments are proposed for a 10-year period at 6 percent interest rate. Mayor Kimble opened the public hearing. No comments were received, and the hearing was closed. Motion by Council member Milbrandt, seconded by Councilmember Junker to adopt Resolution 2006- 220, resolution adopting assessment for 2006 Sidewalk Rehabilitation Project (Project 2006-05, L.1. 371). Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Councilmember Harycki asked about a property in the area of Fifth and Olive where two different width walks were abutted. Councilmember Harycki said he would provide the address to Mr. Sanders to look at. Case No. ZAT/06-04. This is the date and time for a public hearino to consider a request from the City of Stillwater for a zoninQ text amendment to the CR. CottaQe Residential District for driveway widths. A notice as mailed to affected property owners and was published in the Stillwater Gazette on September 22.2006. Community Development Director Turnblad explained that the Planning Commission had reviewed a request from a property owner in the Legends development regarding appearance of driveways in his neighborhood. In the Cottage Residential zoning district, driveways are limited to 12' at the front property line, a bit too narrow to turn into without driving over a portion of the yard. As a result, residents have asked for an amendment to the ordinance to allow for an 18' drive at the curb cut tapering to 12' at the property Page 5 of 9 \ City Council Meeting - 06-22 October 3,2006 line. The Planning Commission held public hearings on two separate occasions, he . said, and recommends approval of the proposed amendment. Mayor Kimble opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Harycki, seconded by Council member Milbrandt to approve the first reading of the zoning ordinance text amendment. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Councilmember Junker noted the Planning Commission did have some lengthy discussion on this matter, and it seems this is an appropriate way to proceed. UNFINISHED BUSINESS (Case No. ZAM/06-45) Second readino of a zonino map amendment for the Brown's Creek Reserve development Applicant is Tim Freeman of Folz. Freeman. Erickson. Inc. (Ordinance No. 979) Community Development Director Turnblad noted the preliminary plat was approved at the last Council meeting along with the first reading of the rezoning. Approval is recommended. . Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Ordinance No. 979, an ordinance amending the Stillwater City Code, Section 31-1, Subdivision 5 Entitled Establishment of Districts. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None (Case No. ZAT/06-05) Second readino of a zonino ordinance text amendment for buildinQ heiQht limits downtown. Applicant is the City of Stillwater Community Development Director Turnblad noted that the Council approved the first reading of an amendment to the downtown height ordinance at the last Council meeting. As part of that approval, he said staff was directed to look at the language related to adjacent or infill buildings. Currently, he said the regulation limits the height for an infill building to within 10 percent of an adjacent building. The proposed language clarifies that an adjacent building is a building that is being touched by a proposed building. Mayor Kimble asked if a new structure between two existing buildings would be limited to 10 percent of the higher or lower of the two buildings, saying that issue still needs to be resolved. Council member Harycki noted that at the last Council meeting, it was suggested the Planning Commission would be comfortable with a limit of 35' or 37', an~ said from reading the Commission minutes, he did not think that was the case - the . Page 6 of 9 . . . City Council Meeting - 06-22 October 3, 2006 Commission indicated it wanted the limit at 35'. Councilmember Harycki suggested sending the matter back to the Planning Commission to look at the adjacent question in detail as well as the 35' versus 37' issue. Councilmember Junker said the Commission had extensive discussion regarding the 35' versus 37' issue and noted that Mayor Kimble's explanation of the constraints of a 35' limit was not available for the Planning Commission's consideration and likely would have resulted in a unanimous decision in favor of 37'. Motion by Councilmember Harycki moved to send the matter back to the Planning Commission for its recommendation on the adjacent issue and the height limits; motion died for lack of a second. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to approve the 37' height limit and send the language relating to infill/adjacent back to the Planning Commission for discussion/recommendation. Council member Junker asked if there was any direction to the Planning Commission regarding the infill issue. Council member Milbrandt suggested that it be related to the height limit of the overlay district the structure is in. Council member Harycki pointed out a second reading of the ordinan_ce is required, and if the infill/adjacent issue are being sent back to Planning, perhaps the entire matter should be referred back. Council member Milbrandt withdrew his motion. Councilmember Harycki reinstated his motion, seconded by Councilmember Milbrandt to refer the matter to Planning for review and recommendation. All in favor. It was clarified the matter would come back to the Council for a second reading. NEW BUSINESS Appoint one "at large" representative for the City of Stillwater to serve on the Mannino Avenue Project DesiQn Review Committee Community Development Director Turnblad noted that the Council had previously decided that two of the three City representatives to the Committee should come from homeowner associations, with one at-large representative. Two people, David Korte and Scott Zurn have come forward and expressed interest in serving as the at-large representative. Mr. Turnblad suggested that both men be appointed, with Mr. Zurn as the primary representative and Mr. Korte as alternate, since he lives in the immediate area of the representative of one of the homeowner associations. Motion by Council member Junker, seconded by Councilmember Harycki, to accept Mr. Turnblad's suggestion, appointing Scott Zurn as the primary representative and David Korte as the alternate for the City's at-large representative on the Manning Avenue Project Design Review Committee. All in favor. Page 7 of 9 City Council Meeting - 06-22 October 3,2006 Possible adoption of resolution callino for public hearino and authorizinq the publication of a. notice of hearino for the approval of the final layout and project report relatino to the Sf. Croix River Bridqe. City Administrator Hansen said this requires a 30-day publication notice. The notice was published on the Friday prior to the Council meeting in order to meet the deadline for the Council's next meeting, which is Oct. 31. MnDOT representatives will be on hand to go over the project design and memorandum of understanding. It was noted this is an important step in completion of the project. Motion by Councilmember Harycki, seconded by Councilmember Polehna to adopt Resolution 2006-221, calling for a public hearing and authorizing the publication of a notice of hearing for the approval of the final layout and project report relating to the St. Croix River . Bridge. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays; None Consideration of proposals for Lake ManaQement Plan Interim Public Works Director Sanders briefly reviewed a proposal by Wenck Associates to develop a lake management plan for Lily, McKusick and Long Lake. Wenck's bid is for $49,060. He noted Brown's Creek Watershed District already has a plan in place fO. Long Lake, so the Wenck work would primarily address McKusick and Lily lakes. The City budgeted $40,000 in 2007 for a water management plan, but Brown's Creek Watershed District has indicated a willingness to contribute $25,000 for a plan. Mr. Sanders said that could be discussed at the Nov. 21 meeting with the Watershed District. Should the Watershed District contribute $25,000 that would enable the City to treat and harvest some of the lakes next year if necessary. It was consensus that it would be premature to accept the contract until the discussion with the Watershed District. Motion by Council member Harycki, seconded by Council member Polehna to table consideration of the proposal until after the Nov. 21 meeting with the Watershed District. All in favor. COUNCIL REQUEST ITEMS Councilmember Harycki requested that staff work with Dr. Nelson regarding a water retention pond that the City installed some years ago. Mr. Harycki felt that the pond is a safety hazard, as well as a health issue due to mosquitoes. Interim Public Works Director Sanders will look into the matter. Councilmember Harycki also spoke 0 f a noise ordinance adopted by the City of Winona and asked the City Attorney to look at the Winona ordinance to see if it could serve as a model for the City. . Page 8 of 9 -' . . . City Council Meeting - 06-22 October 3,2006 STAFF REPORTS (continued) Interim Public Works Director Sanders informed the Council and residents that the City will be doing some sewer main repair on South Broadway between Pine and Walnut streets so crews will be in the area. Repairs will take several days to complete, he said, and there will be some disruption to the street. ADJOURNMENT Motion by Council member Milbrandt, seconded by Councilmember Polehna to adjourn at 7:42 p.m. All in favor. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2006-212, directing payment of bills Resolution 2006-213, approving Health and Dental Insurance premiums and City contributions for 2006 Resolution 2006-214, authorizing execution of Grant Agreement with the State of Minnesota acting through the Commissioner of Public Safety, State Patrol Division for Operation Nightcap Resolution 2006-215, appointment of additional election judges for 2006 General Election Resolution 2006-216, approval of agreement for snow removal services 2005-06 with Lehmicke Construction Resolution 2006-217, accepting work and ordering final payment for 2005 Street Improvement Project Resolution 2006-218, approving security alarm system monitoring agreement Resolution 2006-219, approving appointment of Shawn Sanders as Public Works Director/City Engineer Resolution 2006- 220, resolution adopting assessment for 2006 Sidewalk Rehabilitation Project (Project 2006-05, L.1. 371) Resolution 2006-221, calling for a public hearing and authorizing the publication of a notice of hearing for the approval of the final layout and project report relating to the St. Croix River Bridge Ordinance No. 979, an ordinance amending the Stillwater City Code, Section 31-1, Subdivision 5 Entitled Establishment of Districts. 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Q) c.;::._ C Q)<<iCOw-::o CO:>+J Q)t/) o.2c-ci..c(j) 0_:-= Q) Q) ~ c.. .... +J "'0 '..n W C/).o >o.!: ~ -Q)O >~ <.O..cco>coc O+J Ct/)Q) o C Q) .;;; C E' N 0 ~ _._ Q) - CO-E f'-."'OO:JCO ~ Q) "'0 1: Q) .... t: O).S Q):-= Q) :J C 0- E ..... ..0 0.;:: "'0 C E 0 co.!: 2:J Q)0Q)Q)+J+J +J+J..c..ct/)ffi c..Q) ffi C +J .!: "'0 "'0 0 +J t/) ._ C/)._ c...!!! co 8 c8::::>~::co Oco co +J C Q) E s::: to CO+i c..cu Q)"C CIs::: Q)CI)<ci .: Eo lL.EO ....ON Q) 0 ...: <- "'O~co C+JO co C .... Q);:; Q)t/)f'-. <<i~~ :: c...!!! =o~ +J+J C/)"'O -:J o 0 ~a. <3 .!!! Q) ..c I- I .... o >- co ~ Q) ..0 E :;z >- co J I . il I J ~~ \1;; \~ !vA "WoW! . City Db g tiQQwate/l, vU innegota CP /locQamation WHEREAS, working women constitute 6 million of the nation's work force and strive to serve their communities, their states and their nation in professional, civic and cultural capacities; . WHEREAS, women-owned businesses account for 28 percent of all U.S. business, generating $1.15 trillion in sales; WHEREAS, the Stillwater Business and Professional Organization is celebrating 78 years and is the voice of the working women of the St. Croix Valley; WHEREAS, the major goals of Business and Professional Women/USA are to promote equality for all women and to help create better conditions for working women through the study of social, educational, economic and political problems; all of us are proud of their leadership in these many fields of endeavor; WHEREAS, for 78 years Business and Professional Women/USA has been spotlighting the achievements and contributions of working women during National Business Women's Week; NOW, THEREFORE, I, JAY L. KIMBLE, THE MAYOR OF THE CITY OF STILLWATER, by authority vested in me, do hereby proclaim October 16 through October 20, 2006 as NATIONAL BUSINESS WOMEN'S WEEK sponsored by the National Federation of Business and Professional Women's Clubs, Inc., and urge all citizens in the St. Croix Valley, all civic and fraternal groups, all educational associations and all news media to encourage and to promote the celebration of the achievements of all business and professional women as they contribute dail to our economic, civic and cultural purposes. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Stillwater to be affixed this 17th day of October, 2006. uUayolt ,\ . . . ,~ Stillwater Study Page 1 of 1 Bill Turnblad "-~--'--"-'~-'~~----------~'--~-~-'----~~~~--"<-~_'_~_____~_"_~~,,.,,.~~_~~_.,~~_~._~"_.~._.~_.~~.,,~~_..>.,_~~.,._._~~_"'.'~~~'_.~~""~~""'<~""'~'".."_'._"'_".n',,._,,___~__~~_,,_ From: Rick Slachta [rslachta@readexresearch.com] Sent: Tuesday, October 10, 2006 3:32 PM To: Bill Turnblad; Michel Pogge Cc: Jack Semler; Theresa Cabak Subject: Stillwater Study Bill/Mike - Below is a schedule of events for the upcoming Stillwater Opinions and Attitudes Study: 10/17 mail survey kits 11/6 mail follow-up survey kits 11/30 study closes for tabulation 12/11 preliminary results made available The final report generally takes 2 -3 weeks after the preliminary data is available. Let me know if this schedule works for you. I will provide you with an update of how we are doing on the response rate once the study has been in the field for a few weeks. I'll also send you half dozen or so hard copies of the questionnaire for your records once they have gone to print. Rick Slachta Project Director Readex Research 2251 Tower Drive West Stillwater, MN 55082 v 651.439.8067 f 651.439.1564 F~W .r~<!gexresem-5:h.com 1 0/1612006 " illwater <~,~... .--- - ~\ THE BIRTHPLACE OF MINNESOTA ~ Attitudes and Opinions Survey City of Stillwater J " . Aboutvou 1. What is your association with the city of Stillwater? (please ,/ only one) o live in Stillwater o own a business in Stillwater o both live in and own a business in Stillwater 2. If you own a business in Stillwater, do you own or lease your business property? o I do not own a business in Stillwater Down o lease If you do not live in Stillwater, please skip to question # 6 3. How long have you lived in the city of Stillwater? o less than 1 year 0 6 - 9 years o 1 - 2 years 0 10 - 14 years o 3 - 5 years 0 15 - 19 years o 20 - 29 years o 30 years or more 4. How many more years do you plan to live in the city of Stillwater? o less than 1 year 0 3 - 5 years 0 10 years or more o 1 - 2 years 0 6 - 9 years . 5. Do you own or rent your current residence in Stillwater? Down 0 rent . ., Quality of life .' 6. How strongly do you disagree or agree with the following statements? (please circle one rating on each line) neither . strongly agree nor strongly disaQree disaqree aqree I feel safe walking alone at night in Stillwater -2 -1 0 +1 +2 Stillwater is a safe place to raise children -2 -1 0 +1 +2 7. In general, how would you rate the quality of water in the lakes and ponds within the city of Stillwater? (please circle a number) poor 1 2 3 4 5 excellent 8. What do you like most about the city of Stillwater? (please ,/ all that apply) o location o parks o open space o S1. Croix river o lakes o trails/bike paths o my neighborhood o downtown o other: (please specify) 9. What is the .Qlli! most serious issue facing the city of Stillwater? (please ,/ only one) o growth/development o schools o taxes o traffic conditions o conditions of the roads o crime o other: . (please specify) 10. How would you rate the quality of life in ...? (please circle one rating on each line) very low very hiqh Stillwater 1 2 3 4 5 2 . 11. How would you rate your satisfaction level with the mix of businesses in ...? (please circle one rating on each line) { not at all satisfied very satisfied downtown Stillwater 2 3 4 5 . City services 12. Overall, how would you rate the performance of the Stillwater city government in meeting your needs? (please circle a number) poor 2 3 4 5 excellent 13. How important are the following city services to you? (please circle one rating on each line) low high importance importance parks/recreation 1 2 3 4 5 snow removal 2 3 4 5 police department 2 3 4 5 public library 1 2 3 4 5 ease of parking down town 2 3 4 5 . city Web site 2 3 4 5 ease of obtaining permits 1 2 3 4 5 3 e 14. How do you rate the performance of each of the following city services? . (please circle one rating on each line) poor excellent parks/recreation 2 3 4 5 . snow removal 1 2 3 4 5 police department 2 3 4 5 public library 1 2 3 4 5 ease of parking down town 2 3 4 5 city Web site 1 2 3 4 5 ease of obtaining permits 2 3 4 5 15. In the last 12 months, about how many times have you used or participated in the following activities/services? (please ,/ one box on each line) 1-2 3-9 10-19 20 times not times times times or more used visited the public library 0 0 0 0 0 . visited the Stillwater Recreation Center 0 0 0 0 0 visited the city Web site 0 0 0 0 0 called or visited City Hall 0 0 0 0 0 used police or fire department / first responder services o o o o o obtained a fence permit, conditional use permit or variance o o o o o 4 . 16. In the last 12 months, which of the following activities have you participated in while visiting downtown Stillwater? (please ,/ all that apply) o have not visited downtown Stillwater in the last 12 months o visited Lowell Park 0 visited an event or festival o purchased something in a shop 0 visited Teddy Bear Park o purchased a drink or meal 0 none of these 17. In general, how satisfied are you with the job that the city of Stillwater does in keeping its citizens informed? (please circle a number) not at all satisfied 2 3 4 5 very satisfied 18. Do you support the city of Stillwater hosting each of the following events? (please ,/ a box in each row) ~ no summer art festival o o fall art festival o o 19. What is the one most important issue facing the city of Stillwater? 5 . . e . . . Capital improvements 20. The following community projects have been discussed over the past 5 -10 years. How high of a priority to you are each of the following community projects? (please circle one rating on each line) not a priority very high no priority opinion Downtown Riverfront improvements pedestrian plaza between Main St. and Lowell Park on Commercial St. alignment ($375,000 :1:) 5 o 4 2 3 parking ramp between 2nd and 3rd St. at Commercial Ave. ($5,000,000 :1:) 5 o 2 3 4 Community Buildings arts and cultural center (current armory building) ($4,000,000 :1:) 5 o 2 3 4 21. Which of the following features, if any, would you like to see added to the community I recreation center? (please ,/ all that apply) o swimming pool o water park o gymnasium o rental meeting rooms o weight room/fitness center o racquet ball courts o other (please specify): o none 6 22. How much do you oppose or support the funding of capital improvement projects for the city of Stillwater through each of the following means? (please circle one rating on each line) strongly neither support strongly oppose nor oppose support lodging tax -2 -1 o +1 +2 . sales tax: off-sale liquor -2 -1 o +1 +2 increase property tax -2 -1 o +1 +2 About you and vour household 23. How many people living in your household (including you) are in each of the following age groups? (please write in a number on each line, if none, write "a'? over 18 years old under 18 years old 24. Are you currently employed (either full- or part-time)? Dyes 0 no... if no, please ,/ box and skip to #27 25. Approximately how long is your average daily commute to work? o less than 5 minutes 0 10 - 14 minutes 0 25 - 34 minutes 0 45 - 59 minutes o 5 - 9 minutes 0 15 - 24 minutes 0 35 - 44 minutes 0 60 minutes or more . 26. Is your primary place of employment within the city of Stillwater? Dyes 0 no 27. What is your age? o under 25 0 25 - 34 o 35 - 44 o 45 - 54 o 55 - 64 o 65 or over 28. What is the highest level of education you have attained? o some high school 0 some college o high school graduate/G.E.D. 0 college graduate o post high school vocational/ 0 post-graduate work technical training 0 post-graduate degree(s) 7 PLEASE CONTINUE ON BACK PAGE >>> e . . . If you have additional comments or feedback please email them to the following address survev~ci.stillwater.m n. us. Thank You! Please make sure you have answered all questions on all 7 pages, then simply mail your completed survey to Readex Research in the postage-paid envelope provided. This form is coded only to avoid troubling you with reminder mailings once your survey is received. Your answers will be kept strictly confidential and used only in tabulation with others. @2006 Readex Research projecl11891- Readex Research 2251 Tower Drive West Stillwater, MN 55082 651.439.1554 www.readexresearch.com ~ . . . . AGREEMENT TO REVISE LEGAL DESCRIPTION OF EASEMENT WHEREAS, the City of Stillwater, Washington County, Minnesota, being the party of the Second Part and Grantee ("City") of that Easement as set forth in Easement No. IB, Document No. 862164, Washington County Records ("Easement"); and WHEREAS, Penny Sue Singer, is the owner of the real estate burdened by the easement above described ("Owners"); and WHEREAS, it has been brought to the attention of the City and the Owners that the legal description of the Easement is ambiguous; and WHEREAS, it is the desire of the Owners and the City to correct the legal description and they therefore in furtherance of their purpose agree as follows: 1. That the legal description, as contained in that Easement as the same as described in Easement No. IB, Document No. 862164, Washington County Records, be and the same hereby forever be corrected to hereafter read as follows: EASEMENT NO.1 B STILL WATER, MINNESOTA A 33 FOOT PERPETUAL EASEMENT FOR UTILITY AND STREET PURPOSES, OVER, UNDER AND ACROSS BLOCK 18, HERSEY STAPLES AND CO. FIRST WARD, WASHINGTON COUNTY, MINNESOTA, SAID PARCEL BEING DESCRIBED AS FOLLOWS: ... , . . . THAT PART OF BLOCK 18, HERSEY STAPLES AND COMPANY FIRST WARD, LYING EAST OF A LINE DRAWN PARALLEL TO AND 10 FEET EAST OF THE CENTERLINE OF 4TH AVENUE SOUTH AND THE SAME EXTENDED NORTH TO THE WESTERLY LINE OF SOUTH MAIN STREET. THE CENTERLINE OF SAID 33 FOOT EASEMENT IS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SOUTH DUBUQUE STREET, 16.5 FEET EAST OF THE CENTERLINE OF 4TH AVENUE SOUTH; THENCE NORTHERLY ALONG A LINE PARALLEL AND 16.5 FEET EAST OF SAID CENTERLINE OF 4TH AVENUE SOUTH 264 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG THE LINE JUST DESCRIBED 210 FEET AND THERE TERMINATING. IN WITNESS WHEREOF, the above-named parties executed the foregoing instrument on the _ day of 2006. OWNERS: Penny Sue Singer CITY OF STILL WATER Jay 1. Kimble, Mayor Diane F. Ward, City Clerk - 2 - . ; . . . STATE OF MINNESOTA ) ) ss ) COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this _ day of , 2006, by Penny Sue Singer, Grantors. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of 2006, by Jay L. Kimble, Mayor and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public This instrument drafted by: David T. Magnuson (#66400) 333 North Main Street, Suite 202 Stillwater, MN 55082 651-439-9464 main 651-439-5641 fax - 3 - '" , LIST OF BILLS exHIBIT" A" TO RESOLUTION #2006-222 1 st Line/Leewes Ventures LLC Ace Hardware Action Rental Adamic Joel, & Debra AdvantageHealth Corporation American Classic Homes Appletree Institute Applied Images Aspen Mills AT&T Benck Bruchu, Brian Buberl Black Dirt Buberl, Larry Carquest Cartridge World Clarey's Safety Equipment Clog Un-Boggier Coca Cola Community Volunteer Service ~ayne, Chris .b Foods Dell Marketing Delta Dental Dock Cafe E Z Sharp Inc. Ecolab Pest Emergency Automotive Tech F astenal Company G&K Galles Corporation GCR Minneapolis Truck Tire Center Gopher State One Call Hamlin University Hansen, Steve Holman, Rose Insight Public Sector Johnson Controls Jones, Louise Kirk, Inc. Linner Electric Lofts of Stillwater .J Raleigh Truck J Raleigh Truck Mac Queen Equipment Maximum Solutions Concession Supplies Equipment Repair Supplies Liquid Propane Principal & Interest for GO Capital Outlay Bond Displays & Seminars for the Wellness Fair Grading Escrow Refund November 2006 Retiree Health/Hospital Par Tags Uniforms Telephone Repair Freon Leak on Dehumidifier Reimburse for Meals Black Dirt September 2006 Animal Transport Equipment Repair Supplies Refill Ink Extinguisher Inspection & Maintenance Unclog Drain Soda for Concessions October 2006 Allocation Reimburse for Fuel for Investigator Van Food for Council Dinner, Concessions, & Breakfast Computer Equipment Cobra Dental Engineer Candidate Dinner General Supplies Pest Control Vehicle Repair Equipment Repair Supplies Uniform Cleaning, Rugs, Towels, Mops General Supplies Tires September Billable Tickets GSM MN Public Works Class Reimburse for Camera Equipment, Meals Reimburse for Health Fair Supplies Other Minor Equipment Building Repair Charges Reimburse for Conference Registration Minor Equipment Repair Motor at Lily Lake Arena Draw #8 Long Lake Improvements Boutwell Road Project Phase III, Application 2 Equipment Repair Supplies Service Agreement for Scheduling Software 655.13 420.62 101.18 36,050.00 1,080.00 1,500.00 30,190.03 55.91 737.30 141.64 216.00 38.33 421.74 125.00 199.73 158.69 177.05 150.00 1,554.25 3,937.50 20.00 236.45 9,490.34 311.20 100.66 522.33 260.93 145.62 34.76 3,197.66 173.85 5,559.10 448.05 1,250.00 465.24 202.27 95.85 6,663.95 60.00 146.76 2,803.90 4,387.41 652.35 683,283.30 654.05 650.00 EXHIBIT" A" TO RESOLUTION #2006-222 McDonald Construction Menards Met Council Environmental Services Metrocall MN Public Works Assn Moore, Richard New Beginnings Newman Traffic Signs OnSite Sanitation Pogge, Michel Quill Corporation River Valley Printing Rivertown Newspaper Roberts Company Senn & Youndahl, Inc. State of MN BCA Stillwater Gazette Streicher's Sykes, Kyle TA Schifsky & Sons, Inc T omten, Roger TruGreen Valley Trophy Washington Conservation District Washington County Dept of Transportation Watson Co. Yocum Oil ADDENDUM TO BILLS Ace Hardware Arch Wireless Aspen Mills Bumper to Bumper Carquest Clark, Luann Franklin Covey Co. H.P, Pipeworks Imagineering Iowa American Planning Association Johnson Controls Kuehn, Michael Magnuson Law Firm MN Dept of Public Safety Napa Neopost Office Depot Office Max Qwest Page 2 Grading Escrow Refund General Supplies November 2006 Wastewater Services Pager Service Fall Conference Professional Services Chair Massages for Health Fair Blank Signs Portable Restroom Rental Reimburse for Hotel for Mileage & Meals at Conference Office Supplies Paper/Forms Legal Ads Lapel Pin Grading Escrow Refund CJDN Connect Printing and Publishing Flashlight Reimburse for Fuel Asphalt Reimburse for Mileage to/from Conference Lawn Care Lock & Latch, Brass Plate Water Resource Educator 3/4 Sheet of Marble Cake Concession Supplies Fuel Equipment Repair Supplies Pager Service Uniforms Equipment Repair Supplies Equipment Repair Supplies Cleaning at Public Works Office Supplies Refund Overpayment for Plumbing Permits Off-Site Consulting Conference Registration Remainder of Boiler Upgrade Reimburse for Work Boots Professional Service Through 10/11/06 Title for Forfeiture Equipment Repair Supplies Maintenance Agreement on Postage Meter Office Supplies Office Supplies Telephone ... '\ 4,500.. 412,10 95,087,50 43.48 219,00 1,700.00 215.00 167.21 1,663.24 160.74 181.03 389.79 254.80 14.95 12,000.00 270,00 290,79 127.75 40.00 562.23 92.56 319.50 98., 500, 35,00 554.70 1,476.38 3.15 30.42 104.57 27.50 227.65 190.00 25.46 50.00 2,321.20 120.00 7,682.00 55.00 9,090.93 75.50 195.99 817A 39.~ 13.40 753.07 '^ EXHIBIT II A" TO RESOLUTION #2006-222 Safe Assure At Croix Boat & Packet ~tillwater Gazette West Marine Xcel Energy Yocum Oil 17th Day of October, 2006 . . Page 3 Safety Training September Arena Billings Publications Auto Maintenance Supplies Electricity Fuel 6,675.00 29,886.11 371.30 29.58 30,872.51 1,034,35 TOTAL 1,011,794.08 .' . Memo DATE: October 17, 2006 TO: Mayor and City Council FROM: Chantell Knauss Director of Administration RE: Engagement Contract with Milliman and Associates In 2007, as in 2006, anyone participating in Medicare will have the opportunity to receive subsidized prescription drug coverage through Medicare's Part D program. Participation in Medicare Part D is entirely voluntary, as there is a premium cost for participation. Medicare participants who have other sources of drug coverage - through a former employer or union, for example - may stay in that plan and choose not to enroll in the Medicare Part D program. . The Medicare Part D program also allows for a Retiree Drug Subsidy (RDS) for health insurance sponsors (employers) that provide retiree health insurance which includes as good or better prescription drug coverage, "creditable coverage," as Medicare Part D. As you know, the City provides regular, full-time employees hired prior to December 31, 1988 who retire with over 10 years of service to the City with health insurance coverage. The City's health insurance coverage (through Blue Cross/Blue Shield) provided to retiree's is considered "creditable coverage" under Medicare Part D. For employers that provide "creditable coverage," Part D allows for a RDS. The RDS program provides plan sponsors with a tax-free subsidy payment of 28% of allowable retiree prescription drug costs attributable to gross prescription drug costs between $250 and $5,000 (for 2006) per qualifying covered retiree. Essentially, this would result in subsidy of approximately $600 per person, per year. For Stillwater, the subsidy for 2006 would result in approximately $21,000. In order to apply for the subsidy, all plan sponsors are required to have an actuarial equivalence test conducted to verify creditable coverage and pass the actuarial equivalence test as defined by the Center for Medicare and Medicaid Services (CMS). In 2006, the actuarial equivalence test was conducted by Milliman and Associates, the actuarial firm recommended by BC/BS. It is anticipated that the cost/benefit analysis will be approximately $5,000. Milliman is providing a 10% discount for those organizations that used their services previously. After the cost of the actuarial test, the City would receive a net subsidy of approximately $16,000 for 2007. This net subsidy is expected to increase each year, if the subsidy amount per person remains the same, due to the fact that there will be more participants becoming eligible for Medicare with each passing year. The deadline extension for applying for the RDS for 2007 is November 3, 2006. Again, please be aware that applying for the RDS is annual and the application also requires the actuarial testing to be conducted on an annual basis. . Recommendation Staff recommends the City Council approve the Engagement Contract with Milliman and Associates for Actuarial Equivalence Testing for 28% Medicare Part D Subsidy for 2007. Engagement Contract - Actuarial Equivalence Testing for the Retiree Drug Subsidy (RDS) . This Agreement is entered into between Milliman, Inc. (Milliman) and City of Sti 1 hlater (Company) as of the date below. Company agrees to engage Milliman to determine whether Company's retiree pharmacy plans provide creditable coverage and are actuarially equivalent to the standard Medicare Part D plan as defined by the Centers for Medicare and Medicaid Services (CMS). Considering that Milliman agrees to perform these services, Company agrees to the following. 1. Services. Milliman will perform the following services for Company if the completed Retiree Drug Subsidy Workbook is delivered to Milliman before five business days from the online RDS application deadline: A. Milliman will determine whether Company's plan(s) provide "creditable coverage" as defined by CMS. B. For all plans offering creditable coverage, Milliman will determine whether the plans pass the actuarial equivalence test as defined by CMS. C. If Company's plan(s) pass the actuarial equivalence test, Milliman will complete the "Actuarial Attestation" section of the online RDS application for the plan year ending in 2007. D. If Company's plan(s) fail the actuarial equivalence test, Milliman will suggest actions that Company may take to pass the test. If Company implements Milliman's suggestions and provides documentation, Milliman will issue the actuarial attestation described in C above. E. Milliman will issue a formal report presenting Milliman's findings, a description of the analyses and the data upon which Milliman relied in performing this work. . 2. Limitation Of Liabilitv. Milliman will perform all services in accordance with applicable professional standards. The parties agree that Milliman, its officers, directors, agents and employees, shall not be liable to Company, under any theory of law including negligence, tort, breach of contract or otherwise, for any damages in excess of $100,000. In no event shall Milliman be liable for lost profits of Company or any other type of incidental or consequential damages. The foregoing limitations shall not apply in the event of the intentional fraud or willful misconduct of Milliman. 3. Disputes. In the event of any dispute arising out of or relating to the engagement of Milliman by Company, the parties agree that the dispute will be resolved by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place before a panel of three arbitrators. Within 30 days of the commencement of the arbitration, each party shall designate in writing a single neutral and independent arbitrator. The two arbitrators designated by the parties shall then select a third arbitrator. The arbitrators shall have a background in either insurance, actuarial science or law. The arbitrators shall have the authority to permit limited discovery, including depositions, prior to the arbitration hearing, and such discovery shall be conducted consistent with the Federal Rules of Civil Procedure. The arbitrators shall have no power or authority to award punitive or exemplary damages. The arbitrators may, in their discretion, award the cost of the arbitration, including reasonable attorney fees, to the prevailing party. Any award made may be confirmed in any court having jurisdiction. Any arbitration shall be confidential, and except as required by law, neither party may disclose the content or results of any arbitration hereunder without the prior written consent of the other parties, except that disclosure is permitted to a party's auditors and legal advisors. (I) (Q 2005 Milliman, Inc. Version: 7.0 Code: GEN07 . . 4. Choice of Law. The construction, interpretation, and enforcement of this Agreement shall be governed by the substantive contract law of the State of New York without regard to its conflict of laws provisions. In the event any provision of this agreement is unenforceable as a matter of law, the remaining provisions will stay in full force and effect. 5. No Third Party Distribution. Milliman's work is prepared solely for the internal business use of Company. Milliman's work may not be provided to third parties without Milliman's prior written consent. Milliman does not intend to benefit any third party recipient of its work product, even if Milliman consents to the release of its work product to such third party. 6. Data Reliance. Company has prepared data as requested by Milliman in the Medicare Part D Workbook. This data includes the demographic and geographic information about Medicare-eligible beneficiaries, historical plan experience when requested, contributions, and description of retiree pharmacy benefit plans. To the best of my knowledge and belief, the data provided is accurate and complete, such that Milliman should rely on it for the purpose of determining creditable coverage and actuarial equivalence as defined by CMS. . By: Name: Title: Principal and Consulting Actuary Darn: November 18, 2005 COMPANY By: Name: Jav L Kimble Title: f'1ayor Date: October 17 2006 . e @ 2005 Milliman, me. Version: 7.0 Code: GEN07 RESOLUTION 2006-226 . APPROVING ENGAGEMENT CONTRACT WITH MILLIMAN AND ASSOCIATES BE IT RESOLVED by the City Council of Stillwater, MN that the agreement for actuarial equivalence testing for the retiree drug subsidy (RDS) between the City of Stillwater and Milliman and Associates, as on file with the City Clerk, is hereby approved and authorizes the Mayor to sign said agreement. Adopted by the Stillwater City Council this 17th day of October, 2006. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . / . . . RESOLUTION 2006-227 APPOINTING ADDITIONAL ELECTION JUDGES FOR THE 2006 GENERAL ELECTION AND FIXING COMPENSATION BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the following named persons, shall be appointed as additional Election Judges, subject to the attendance of a two hour training to be held on Wednesday, October 17, 2006 conducted by the Washington County Elections Department and eligible to serve at the General Election to be held on November 7, 2006 BE IT FURTHER RESOLVED, that the compensation to be paid to the regular Judges of Election be, and the same is hereby fixed at $8.75 per hour; and that the City will provide food to judges as part of their compensation. FIRST NAME LAST NAME ADDRESS Robert Boettcher 658 Nightingale Blvd. Adopted by the Stillwater City Council this 17th day of October, 2006. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS .HIBIT " A" TO RESOLUTION #2006-222 1 st Line/Leewes Ventures LLC Ace Hardware Action Rental Adamic Joel, & Debra AdvantageHealth Corporation American Classic Homes Appletree Institute Applied Images Aspen Mills AT&T Benck Bruchu, Brian Buberl Black Dirt Buberl, Larry Carquest Cartridge World Clarey's Safety Equipment Clog Un-Boggier Coca Cola Community Volunteer Service Crayne, Chris Aub Foods ~ell Marketing Delta Dental Dock Cafe E Z Sharp Inc, Ecolab Pest Emergency Automotive Tech Fastenal Company G&K Galles Corporation GCR Minneapolis Truck Tire Center Gopher State One Call Hamlin University Hansen, Steve Holman, Rose Insight Public Sector Johnson Controls Jones, Louise Kirk, Inc. Linner Electric Lofts of Stillwater M J Raleigh Truck AI J Raleigh Truck ~ac Queen Equipment Maximum Solutions Concession Supplies Equipment Repair Supplies Liquid Propane Principal & Interest for GO Capital Outlay Bond Displays & Seminars for the Wellness Fair Grading Escrow Refund November 2006 Retiree Health/Hospital Par Tags Uniforms Telephone Repair Freon Leak on Dehumidifier Reimburse for Meals Black Dirt September 2006 Animal Transport Equipment Repair Supplies Refill Ink Extinguisher Inspection & Maintenance Unclog Drain Soda for Concessions October 2006 Allocation Reimburse for Fuel for Investigator Van Food for Council Dinner, Concessions, & Breakfast Computer Equipment Cobra Dental Engineer Candidate Dinner General Supplies Pest Control Vehicle Repair Equipment Repair Supplies Uniform Cleaning, Rugs, Towels, Mops General Supplies Tires September Billable Tickets GSM MN Public Works Class Reimburse for Camera Equipment, Meals Reimburse for Health Fair Supplies Other Minor Equipment Building Repair Charges Reimburse for Conference Registration Minor Equipment Repair Motor at Lily Lake Arena Draw #8 Long Lake Improvements Boutwell Road Project Phase III, Application 2 Equipment Repair Supplies Service Agreement for Scheduling Software 655.13 420.62 101,18 36,050.00 1,080.00 1,500.00 30,190.03 55.91 737.30 141.64 216.00 38.33 421.74 125.00 199.73 158.69 177.05 150.00 1,554.25 3,937.50 20.00 236.45 9,490.34 311.20 100.66 522.33 260.93 145.62 34.76 3,197.66 173.85 5,559.10 448.05 1,250.00 465.24 202.27 95.85 6,663.95 60.00 146.76 2,803.90 4,387.41 652.35 683,283.30 654.05 650.00 EXHIBIT" A" TO RESOLUTION #2006-222 McDonald Construction Menards Met Council Environmental Services Metrocall MN Public Works Assn Moore, Richard New Beginnings Newman Traffic Signs OnSite Sanitation Pogge, Michel Quill Corporation River Valley Printing Rivertown Newspaper Roberts Company Senn & Youndahl, Inc. State of MN BCA Stillwater Gazette Streicher's Sykes, Kyle TA Schifsky & Sons, Inc Tomten, Roger TruGreen Valley Trophy Washington Conservation District Washington County Dept of Transportation Watson Co. Yocum Oil Page 2 Grading Escrow Refund General Supplies November 2006 Wastewater Services Pager Service Fall Conference Professional Services Chair Massages for Health Fair Blank Signs Portable Restroom Rental Reimburse for Hotel for Mileage & Meals at Conference Office Supplies Paper/Forms Legal Ads Lapel Pin Grading Escrow Refund CJDN Connect Printing and Publishing Flashlight Reimburse for Fuel Asphalt Reimburse for Mileage to/from Conference Lawn Care Lock & Latch, Brass Plate Water Resource Educator 3/4 Sheet of Marble Concession Supplies Fuel 4,500. 412. 95,087,50 43.48 219,00 1,700.00 215,00 167.21 1,663.24 160,74 181.03 389.79 254,80 14,95 12,000.00 270,00 290.79 127.75 40.00 562.23 92.56 319.50 98. 500. 35.00 554.70 1,476.38 . . . .J Memo DATE: October 13, 2006 TO: Mayor and City Council FROM: Chantell Knauss Director of Administration RE: SafeAssure Consultants, Inc. Contract Back!!round For the past 7 years, the City has contracted with SafeAssure Consultants, Inc. for OSHA and safety consultation services. A copy of the proposed Agreement for 2006-2007 is attached. The contract price is $6,675.00. This represents a 0% increase since the 2003 contract price. Beginning with contract year 2003-2004, SafeAssure provided MSDS services from DAMARCO Solutions, LLC as part oftheir contract at no additional cost. They continue to partner with DAMARCO to provide these services. Recommendation Staff recommends the City Council approve the 2006-2007 safety consultation contract with SafeAssure Consultants in the amount of$6,675. RESOLUTION NO. 2006-223 APPROVAL OF AGREEMENT WITH SAFEASSURE CONSULTANTS, INC. FOR OSHA AND SAFETY CONSULTATION BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the Agreement between the City of Stillwater and SafeAssure Consultants, Inc. for OSHA and Safety Consultation for 2006 - 2007 in the amount of $6,675.00 is hereby approved. Adopted by the City Council this 17th day of October 2006. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . CnTOF ~WArB1I ~ffi@~@~~~/@@~~ffi~@~ . lIMo OCTOBER r r ,. r r \J \J \J \J \J ...., ...., ...., ...., ...., 1 The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarifies written and training requirements. e The required standards that apply to The City of Stillwater are listed below: A.W.A.I.R. MN Statute 182.653 "An employer covered by this section must establish a written Work-place Accident & Injury program that promotes safe & healthful working conditions". EMERGENCY ACTION PLAN 29 CFR 1910.35 TIlRU .38 "The emergency action plan shall be in writinf? and shall cover the designated actions employers & employees must take to insure employee safety from fire & other emergencies ". CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & . MN Statute 5207.0600 "Procedures shall be developed, documented & utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section ". HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 "Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees may include, but is not limited to, provision for: development & maintaining a written hazard communication programfor the work-place... " RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 "Each employer shall maintain in each establishment a log and summary of all occupational injuries and illnesses for that establishment............ " \. . . .J 2 CONFINED SPACE 29 CFR 1910.146 If the employer decides that its employees will enter pennit spaces, the employer shall develop and implement a written pennit space program. .. .. ... RESPIRATORY PROTECTION 29 CFR 1910.134 Written standard operating procedures governing the selection and use of respirators shall be established. OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8-hour time weighted average of 85 decibels, and shall ensure employee participation in such a program. BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or practices not covered in an O.S.H.A. Standard may be covered under section 5(a)(1) of the act, which states: Each employer shall furnish to each of {their} employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical hann to {their} employees. " LOGGING OPERATIONS 1910.266 (i)(1) The employer shall provide training for each employee, including supervisors, at no cost to the employee. 3 OPERATION OF MOBILE EARTH-MOVING EQUIPMENT. Training programs shall be developed and instructed by competent individuals who have knowledge, training, experience, and the demonstrated ability to identify existing and predictable hazards related to the subject matter. . EXCAVATIONS/TRENCHING 1926.651 (k)(l) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) "Application. " Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, . chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. OVERHEAD CRANES 1910.179(j)(3) Periodic inspection. Complete inspections of the crane shall be performed at intervals as generally defined in paragraph (j)(1)(ii)(b) of this section, depending upon its activity.................... . ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 "Training required for each employee and their supervisors must address signs and symptoms of MSD's, MSD hazards and controls used to address MSD hazards." \. . 4 In the interest of Quality Safety Management, it is recommended that written procedures and documented employee training also be provided for the following Subparts. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpart E - Means of Egress Subpart F - Powered Platfonns, Man-lifts, and Vehicle-Mounted Work Platfonns Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipment Subpart J - General Environmental Controls Subpart K - Medical and First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipment Subpart N - Materials Handling and Storage Subpart 0 - Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment. Subpart Q - Welding, Cuning, and Brazing. Subpart S - Electrical Subpart Z - Toxic and Hazardous Substances . 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpart J - Welding and Cuning Subpart K - Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart 0 - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z - Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) .) All training on the programs written by SafeAs:ure Consultants, Ine. and services provided. DAMARCO Solutions, LLC (option one), will 'meet or exceed State and/or Federal OSHA requirements. These programs/policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of The City of Stillwater to obtain as required to comply with OSHA standards. Our contract year will begin on the signing of this proposal/contract. Classroom training will be accomplished at a time convenient to most employees/management and so selected as to disrupt the workday as little as possible. All documents and classroom trainin~ produced by SafeAssure Consultants for The City of Stillwater are for the sole and express use by The City of Stillwater and its employees and not to be shared, copied, or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. ThtA changes or additions, when made during a contract year, will be made at no additional co"" to The City of Stillwater All written programs/services that are produced by SafeAssure Consultants, Inc. are guaranteed to meet the requirements set forth by MNOSHA/OSHA. SafeAssure Consultants, Inc. will reimburse the City of Stillwater should MNOSHA/OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure Consultants, Inc. SafeAssure Consultants, Inc. does not take responsibility for financial loss due to MNOSHA/OSHA froes that are unrelated to written programs mentioned above. \. . . . 6 ADDENDUM SAFETY PROGRAM RECOMMENDATIONS The City of Stillwater Written Programs & Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) · maintain site specific program · documented training of all personnel · accident investigation · simulated OSHA inspection · safety committee advisor Employee Right to Know /Hazard Communication · maintain site specific program · documented training of all personnel (general and specific training) · various labeling requirements · assist in maintaining MSDS with DAMARCO Lock Out/Tag Out (Control of Hazardous Energy) · maintain site specific program · documented training of all personnel Emergency Action Plan · maintain site specific program · documented training of all personnel Respiratory Protection · maintain site specific program · documented training of all personnel · required fit tests 7 . Bloodborne Pathogens · maintain site specific program · documented training of all personnel Cran es-Ch ain s-SJings · maintain site specific program · documented training of all personnel (inspections) Hearing Conservation (Occupational Noise Exposure) · maintain site specific program · documented training of all personnel · decibel testing and documentation Personal Protective Equipment · maintain site specific program · documented training of all personnel Confined Space · maintain site specific program · documented training of all personal . Trenching & Excavation (competent person training in second year) · maintain site specific program · documented training of all personnel Earth Moving Equipment/Motor Vehicles · maintain site specific program · documented training of all personnel Ergonomics · maintain/write site specific program · documented training of all personnel o job hazards-recognition o control steps o reporting o management leadership requirements o employee participation requirements . . . . 8 General Safety Requirements · maintain site specific program · documented training of all personnel Miscellaneous · Workplace Hazard Assessment · training manual maintenance · safety manual maintenance · documented decibel tesing · documented air quality readings · documented foot-candle readings · OSHA recordkeeping · General Duty Clause · assistance during an actual OSHA inspection · general safety recommendations · "ALERT" data base · unlimited consulting services 9 In consideration of this signed monetary agreement/contract, for the period of twelve months fr. the signing date, SafeAssure Consultants, Inc. will act as a consultant to, and/or perform the function of "Safety Manager" for The City of Stillwater. SafeAssure Consultants, Inc. will provide unlimited consulting services, conduct classroom-training sessions ("see Tentative Training Schedule"), write and/or maintain mandatory OSHA programs. ANNUAL TOTAL $6,675.00 The City of Stillwater Date The City of Stillwater Date . /6 -l-tJL:. Date ~ .J-J ~ SafeAssure Consultants /6- '/-0' Date (SEAL) This contract is for the period of October 2006 thru Septemember 2007. . " Safety Wise We Specialize" . "Safety wi$e We Spec,Ulttze' YOUR . t~~tl~DO ~D~A~~VV . safeA~~U~N~~ CITY OF STILLWATER RESOLUTION 2006-224 . IS RESOLVED that the City of Stillwater enter into Mn/DOT Agreement No. 90179-R with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share ofthe costs of the building removal construction and other associated construction to be performed adjacent to Trunk Highway No. 36 at Milepost 204.77 within the corporate City limits under State Project No. 8214-99A. IT IS FURTHER RESOLVED that the Mayor and the City Clerk are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the Stillwater City Council this 1 ih day of October, 2006.\ Jay L. Kimble, Mayor ATTEST: .iane F. Ward, City Clerk CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Stillwater at an authorized meeting held on the 1 ih day of October, 2006, as shown by the minutes of the meeting in my possession. Diane F. Ward, City Clerk Subscribed and sworn to before me this 17th day of October, 2006. Notary Public My Commission Expires: oiii ~ Minnesota Department of Transportation {~~a '\;OFT~ Memo Metro Division Final Design, Waters Edge Office Tel: (651) 582-1333 Fax: (651) 634-2162 . 1500 West County Road 82 Roseville, Minnesota 55113 Date: October 5, 2006 To: City of Stillwater Attn: Larry D. Hansen City Administrator 216 North Fourth Street Stillwater, Mn. 55082 From: Richard F. Scarrow Metro Design Coordinator Subject: Proposed Cooperative Construction Agreement No. 90179-R City of Stillwater S.P. 8214-99A (T.H. 36=118) S.P. 8214-114 (T.H. 33=118) Fed. Proj. HPPS S217 (001) City cost for T.H. 36 building removal construction . Transmitted herewith in duplicate.is a proposed agreement with the City of Stillwater. This agreement provides for a payment to the State of the City's share of the costs of the building removal construction to be performed adjacent to T.H. 36 within the corporate City limits. Kindly present this Agreement to the City Council for their approval and execution that includes original signature ofthe City Council authorized City officers on both copies of the Agreement. Also required are two (2) original copies of a resolution passed by the City Council authorizing its officers to sign the agreement on its behalf. A suggested form of such resolution is enclosed. A Preliminarv copy of the Building Removal Plan for S.P. 8214-99A (T.H. 36=118) is also enclosed for your informational use only. The final plan will be submitted to our Central Office in St. Paul this month, and a copy of that final plan will be sent to you at that time. It is requested that the executed agreements and resolutions (two originals of each) be forwarded to this office as soon as possible. A copy will be returned to the City when fully executed. Since the Letting Date for this Project is December 15,2006, time is of the essence in the approval and execution of this Agreement. ~ ~ Ita- /to ~ . 1~/f/~iJ . cc: File Todd Clarkowski - East Area Engineer Adam Josephson - East Area Engineer Maryanne KeIIy-Sonnek - Municipal Agreements Steve Channer - Right of Way Area Manager Ken Ljung - Metro Design Mark V ogel- Office of Environmental Services . MINNESOT A DEP ARTMENT OF TRANSPORT A TION PLAN FOR REMOV AL OF BUILDING FED.PROJ.NOD HPPS S217(00l) 523 HIGHWAY T .H. 36 A T MILEPOST 204.77 IN STILLWATER ST ATE PROJ. NO. 8214-99A COUNTY WASHINGTON ~ -~ DELL WOOD GOVERNING SPECIFICATIONS THE 2005 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORT A TION 'ST ANDARD SPEClnCA TIONS FI CONSTRUCTION'SHAlL GOVER~ ~~~. ~_ r~[!SY ~ ~~ =", ~".. <D ~~_ ~ 1'1<- '"'I: r ~-::. < ~ ~ i~ ' .......i ~ cLL'/lOOD ~~. v \.If . ~ ~ . 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", 5 OA PA K H~G~ ~:-- ,~J .J:,:,~,~.. i@~~" ~ '. ~<, ~ 95 ~~\ ~ ~ LHEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ~ PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE Of MINNESOTA ~~ LIe.NO. DATE ~~ ENGINEER ~ DESIGN SQUAD: R.Scarrow :~ z ~ ~"~!<> . > . < . > ~ ! ~ ~ .... ,,,,,hSl,JC. - .. : @ ( 75TH ST. N. DEMOLITION SITE @ )f ~ NOT TO SCALE - ----- - - ". n' n""'n' '" . GD @ ,. I -~ INDEX 1 TITLE SHEET 2 ESTIMA TED QUANTITIES 3 SILT FENCE DETAIL 4 DEMOLITION PLAN 5 DEMOLITION DETAILS This Plan Contains 5 Sheets JOSEPHINE (JOEY) LUNDOUIS' Recommended for Approval 2C DISTRICT TRANSPORTATION ENGINEER I HEREBY CERTIFY THAT THE FINAL FIELD REVISIONS. IF ANY, OF THIS PLAN WERE MADE BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Recommended for Approval 2C STATE PRE-LETTING EN.GINEER Office of Land Management Approval 2C DIRECTOR. LAND MANAGEMENT DATE LIe.NO. APPROVED 2006 Charge Identifier state PIOja No. 8214-99A STATE DESIGN ENGINEER (TaH.35=045) Sheet 1 of 5 Sheet s STATEMENT OF ESTIMA TED QUANTITIES Item' No. Item Notes Unit Estimated Quantit. BOt. Federal, 20t. City 2103.501 BUILDING REMOVAL LUMP SUM 1 2573.502 SILT FENCE, TYPE MACHINE SLICED (1) LIN. FT. 800 QUANTITIES NOTES (1) FOR SURF ACE RUN-OFF SEDIMENT CONTROL; TO BE USED AS DIRECTED BY ENGINEER. . '\ ~ \>-<<-- '\~~ << <<-- ~ 'v UTILITIES INFORMATION SEWER: NONE WATER: NONE ELECTRIC: XCEL - (BUILDING DISCONNECTED) GAS: NONE CERTIFIED BY llcDlSED PROFESSIoNAL ENGINEER DATE 2C lI' State PiOj. No. 821Ll-99A (ToH.35) Sheet 2 of 5 Sheets .f . . l-- Z W ':2 ~o :2W ([) : :2 OW Nl-- l/) o (L - PLASTIC ZIP TIES (50 LB. TENSILE ) LOCATED IN TOP 811 DIRECTION OF RUNOFF FLOW LENGTH, 5 FT. MIN. FT. MAX. SPACING GEOTEXTILE FABRIC, 3611 WIDTH MACHINE SLICE 8" - 12" DEPTH (PLUS 6" FLAP STANDARD MACHINE SLICED SILT FENCE DET AILS ~ <<------\ TO PROTECT AREAS FROM SHEET FLOW ~.'\ ,'~ (SEE SPEC. 3886 ) '\-~ ~--... << <<--<v 'v --CERTIFIED BY State Pia ja NOa 821 Lj -99A (T aHa 36) lICENSED PROFESSIONAL ENGINEER DATE 20~ -uc: Sheet 3 of 5 Sheets AREA OUTSIDE OF DASHED BOUNDARY TO BE PROTECTED. DO NOT DISTURB S',.>- o o + ~ ~ ?> . '. ~~ 0... 0_,\ '. ~" , " DESCRIPTION \( REMOVE APPROX. 22G'x GO' CONCRETE AND METAL-FRAMED WAREHOUSE STRUCTURE WITH WOOD ROOF, INCLUDING CONCRETE WALLS AND INTERIOR AND EXTERIOR CONCRETE BUTTRESSES DOWN TO FLOOR LEVEL, AND MISCELLANEOUS INTERIOR METAL STRUCTURES AND EQUIPMENT. FLOOR, FOUNDATIONS, AND UNDERFLOOR TUNNEL TO REMAIN. REMOVE STEEL FRAME LOApING HOPPER, APPROX. 15'x 15' x 35'HIGH,AND APPROX. 32' LONG OVERHE~ CONVEYOR (FOUNDA nONS TO REMAIN) <INCIDENT AU. ALL EXTERIOR CONCRETE SLABS & STRUCTURES, AND RR TRACK REMNANTS TO REMAIN UNDISTURBED. PROVIDE 3' X 3' (NOM.) x %' (MIN.) THK STL PLATE COVER OVER TUNNEL VENT OPENING; SECURE TO FLOOR WITH 1'4' DIA. ANCHOR BOLTS DRILLED & EPOXIED 4' INTO CONCRETE, APPROX. 16" O.C. ALL AROUND <INCIDENT AU. EXTERIOR TUNNEL TO REMAIN. I ~ o 40 80 160 I I I I APPROXIMATE SCALE: 1 n = 80' BUILDING REMOVAL: "TERRA TERMINAL" ADDRESS: South Main st 0, Stillwater, MN LOCA nON: T .H. 36, MP 204.77, 170' Rt. KEY (D- CD G) 8) @- CERTIFIED BY \ AREA OUTSID~ DASHED BOUNDARY TO BE PROTECTED. DO NOT~URB ~ ~<<:-- 52: LICENSED PROf'ESS]ONAL ENGINEER DATE 20~ -uc: State Ploj. No. 8214-99A Sheet 4 of 5 Sheets I .j . KEY CD @ G) @ @ @ n~it~l (f)r:IJ3j PROVIDE CLEAN CUT AT FLOOR LEVEL FOR WALL/BUTTRESS REMOV AL ST. CROIX RIVER ALL STRUCTURE ABOVE FLOOR TO BE REMOYED 1/1 CONCRETE FLOOR AND FOUNDATIONS TO REMAIN UNDISTURBED TYPICAL BUILDING SECTION lA-AI DO NOT SCALE TUNNEL UNDER FLOOR REMAIN ~ ,?-'v'v "'\.\)~ ---, ~~ '?- ('l "- ~ \)'0 '" "'\ "- ,:.""~,,, ~), <0 '\ , ' . '''' BELOW GRADE CONNECTION ~~ '\ 5 <( INSET lB. TO EXTERIOR TUNNEL TO REMAIN ~ DO NOT SCALE ( ,CONVEYOR , , ,([SEAL WITH n DESCRIPTION: NOTE - ALL ITEMS AND WORK INCIDENT AL. PROVIDE 6' X 6' (NOM.) X YB' (MIN.) THK STL PLATE COVER (6 PLACES); SECURE TO FLOOR WITH %' DIA ANCHOR BOLTS DRILLED & EPOXIED 4' INTO CONCRETE, APPROX. 32' O.C. ALL AROUND <INCIDENT AU. REMOVE CONVEYOR AS REOUIRED TO CONSTRUCT CONCRETE BLOCK BULKHEAD AT TUNNEL PORTAL <INCIDENT AU. REMOVE ELEVATOR, LADDER AND ALL MISC. EQUIPMENT FROM ACCESS PIT AREA <INCIDENT AU. CONSTRUCT CONCRETE BLOCK BULKHEAD WALL TO CLOSE OFF TUNNEL PORTAL; APPROX. 6'-3' W x 7'-2' H; TIE OR KEY INTO EXISTING SURROUNDING CONCRETE <INCIDENT AU. REMOVE STEEL BULKHEAD DOOR, CONSTRUCT CONCRETE BLOCK FLOOR-TO-CEILING BULKHEAD WALL TO COMPLETEL Y CLOSE OFF OPENING; APPROX. 2'-6' W x 6' H; TIE OR KEY INTO EXISTING SURROUNDING CONCRETE <INCIDENT AU. FILL TUNNEL ACCESS PIT COMPLETELY WITH SAND TO 6' BELOW TOP OF WAREHOUSE FLOOR; APPROX. 57 CU. YD. <INCIDENT AU PLACE 6' CONCRETE SLAB, APPROX. 8' x 22' TO MATCH EXISTING FLOOR, TIE TO EXISTIN~ FLOOR WITH #6 x 12' DOWELS DRILLED & GROUTED 6' INTO EXISTING CONCRETE, 18' O.C. ALL AROUND <INCIDENTAU CERTIFIED BY 205: DA.TE LIt.N LICEHSm PROFESSIONAl ENCINE.ER State Pro j. No. 8214-99A Sheet 5 of 5 Sheets PRE-LETTING SERVICES SECTION Mn/DOT AGREEMENT NO. STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT 90179-R S.P. 8214-99A (T.H. 36=118) S.P. 8214-114 (T.H. 36=118) Fed. Proj. HPPS S217 (001) The State of Minnesota Department of Transportation, and The City of Stillwater Re: City cost building removal construction by the State on T.H. 36 AMOUNT ENCUMBERED (None) ESTIMATED AMOUNT RECEIVABLE $32,812.13 THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Stillwater, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". >' 1 . . . . 90179-R WHEREAS, the State is about to perform building removal construction and other associated construction at the Terra Terminal site adjacent to Trunk Highway No. 36 at Milepost 204.77 within the corporate City limits in accordance with State plans, specifications and special provisions designated as State Project No. 8214-99A (T.H. 36=118) and in the records of the Federal Highway Administration as Minnesota Project HPPS S217 (001); and WHEREAS, as part of the building removal process, the State has entered into separate consultant contracts to provide for asbestos abatement, lead paint stabilization and regulated waste removal; and WHEREAS, the City has expressed its willingness to participate in the costs of the building removal construction, asbestos abatement, lead paint stabilization, and regulated waste removal and associated . construction engineering as hereinafter set forth; and WHEREAS, the City owns and operates the Terra Terminal site and will issue the State a zero dollar "Permit to Construct" allowing the State to perform the asbestos abatement, lead paint stabilization, regulated waste removal and building removal construction; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. . 2 IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: 90179-R . ARTICLE I - CONSTRUCTION BY THE STATE Section A. Contract Award The State shall advertise for bids and award a construction contract to the lowest responsible bidder for State Project No. 8214-99A (T.H. 36=118) in accordance with State plans, specifications and special provisions which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are incorporated into this Agreement by reference. Section B. Consultant Contracts The State shall enter into separate consultant contracts with VCI Asbestos Abatement Company (Contract No. 90193), to provide for asbestos abatement and lead paint stabilization; and Retrofit Recycling, Inc. (Contract No. 90194), to provide for regulated waste 4It removal. The contracts are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are incorporated into this Agreement by reference. Section C. Direction and Supervision of Construction The State shall direct and supervise all construction activities performed under the construction contracts, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction shall be performed in compliance with the approved plans, specifications, special provisions and consultant contracts. Section D. Plan Changes, Additional Construction, Etc. The State shall make changes in the plans and contract construction, which may include the City cost participation construction covered under this Agreement, and shall enter into any necessary addenda, . 3 . 90179-R change orders and supplemental agreements with the State's contractors that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. However, the State District Engineer's authorized representative will inform the appropriate City official of any proposed addenda, change orders and supplemental agreements to the construction contracts that will affect the City cost participation construction covered under this Agreement. Section E. Satisfactory Completion of Contracts The State shall perform all other acts and functions necessary to cause the construction contracts to be completed in a satisfactory manner. ARTICLE II - INSPECTION BY THE CITY . The City cost participation construction covered under this Agreement shall be open to inspection by the City. If the City believes the City cost participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City shall inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State shall have the exclusive right to determine whether the State's contractors have satisfactorily performed the City cost participation construction covered under this Agreement. ARTICLE III - BASIS OF PAYMENT BY THE CITY Section A. SCHEDULE "I" A Preliminary SCHEDULE "I" 1S attached and incorporated into this Agreement. The Preliminary SCHEDULE "I" includes all anticipated City cost participation construction and the construction engineering . 4 90179-R cost share covered under this Agreement, and lS based on the engineer. estimate and consultant contract quotes. Section B. City Cost Participation Construction The City shall, at the percentage indicated, participate In the following construction to be performed at the Terra Terminal site adjacent to Trunk Highway No. 36 at Milepost 204.77 within the corporate City limits under State Projects No. 8214-99A (T.H. 36=118) and No. 8214-114. 1. 20 Percent shall be the City's rate of cost participation In all of the building removal construction. 2. 20 Percent shall be the City's rate of cost participation in all of the following construction: a. Asbestos abatement and lead paint stabilization to be performed by vcr Asbestos Abatement Company, Inc. in accordance with Contract No. 90193 . b. Regulated waste removal to be performed by Retrofit Recycling, Inc. in accordance with Contract No. 90194 Section C. Construction Engineering Costs The City shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the City participation construction covered-under this Agreement. Section D. Addenda, Change Orders and Supplemental Agreements The City shall share in the costs of construction contract addenda, change orders and supplemental agreements that are necessary to . 5 . 90179-R complete the City cost participation construction covered under this Agreement. Section E. Liquidated Damages All liquidated damages assessed the State's contractors In connection with the construction contract shall result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. ARTICLE IV - PAYMENT BY THE CITY Section A. Estimate and Advancement of the City's Cost Share It is estimated that the City's share of the costs of the contract construction plus the 8 percent construction engineering cost share is the sum of $32,812.13 as shown in the attached Preliminary . SCHEDULE III". Upon award of the construction contract the State shall prepare a Revised SCHEDULE III" based on construction contract unit prices and the consultant contract quotes for asbestos abatement, lead paint stabilization and regulated waste removal. After the following conditions have been met, the City shall advance to the Commissioner of Transportation the City's total estimated construction cost share, which does not i~clude the 8 percent construction engineering cost share, as shown in the Revised SCHEDULE "III: 1. Execution and approval of this Agreement and the State's transmittal of it to the City along with a copy of the Revised SCHEDULE "I". . 6 2 _ 90179-R Receipt by the City of a written request from the State for the . advancement of funds. Section B. Final Payment by the City Upon completion and acceptance of the contract construction and upon computation of the final amount due the State's contractors, the State shall prepare a Final SCHEDULE "I" and submit a copy to the City. The Final SCHEDULE "I" shall be based on final quantities and final consultant contract amounts for asbestos abatement, lead paint stabilization and regulated waste removal, and include all City cost participation construction and the construction engineering cost share covered under this Agreement. If the final cost of the City participation covered under this Agreement exceeds the amount of funds advanced by the City, the City shall, upon receipt of a request from the State, promptly pay the difference to the State without interest. If the final cost of the City participation covered under 4It this Agreement is less than the amount of funds advanced by the City, the State shall promptly return the balance to the City without interest. Pursuant to Minnesota Statutes Section 15.415, the State waives claim for any amounts less than $5.00 over the amount of City funds previously advanced to the State, and the City waives claim for the return of any amounts less than $5.00 of those funds advanced by the City. Section C. Acceptance of City's Cost and Completed Construction The computation by the State of the amount due from the City shall be final, binding an~ conclusive. Acceptance by the State of the completed contract construction shall be final, binding and . 7 . 90179-R conclusive upon the City as to the satisfactory completion of the contract construction. ARTICLE V - GENERAL PROVISIONS Section A. Plan Changes The City may request changes In the plans. If the State determines that the requested plan changes are necessary or desirable, the State will cause those plan changes to be made. Section B. Future Responsibilities Upon satisfactory completion of the building removal construction to be performed at the Terra Terminal site within the corporate City limits under the construction contract, the City shall thereafter accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use of the site and . all facilities that remain on the site, without cost or expense to the State. Section C. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the, books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section D. Claims Each party is responsible for its own employees for any claims arising under the ~orkers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes . Section 3.736 and other applicable law govern liability of the State. 8 Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 90179-R . Section E. Agreement Approval Before this Agreement becomes binding and effective, it shall be approved by a City Council resolution and executed by such State and City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. ARTICLE VI - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 296-0969. The City's Authorized Agent for the purpose of the administration of this Agreement is Larry D. Hansen, City Administrator or his successor. His current address and phone number are 216 North 4th Street, Stillwater, MN 55082 (651) 430-8800. . e 9 90179-R eIN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. CITY OF STILLWATER DEPARTMENT OF TRANSPORTATION Recommended for approval: By Mayor By District Engineer Date Approved: By State Design Engineer By Title Date Approved as to form and execution: Date By Contract Management e Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date e 10 ""'~~ ) - ~ ...J 0'\ ;:Jr- Q ~ ~ ~O'\~ a~@ ~ = 00 ,.; ~ ..... ,.... s 0 < ~ .c z ~ .- ~ ~ u - ~ ...J ~ ~ ~ -D N or. N '" E v n. <l) VJ >-. '- ~ lO: ~ - ..--. ..--. =:: 1 II M~r-- ::r;::c~ r- .VJ '-"'CVJ ~"<to... 0\.-0.... C\-::C ~~ - -'~ N N .... 00000... 0...0..."2 VJVJ~ '- ll} "0 = ;3 I >-. d) ~ 6 .;( o 1-0 0. 0. 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TO: FROM: DATE: SUBJECT: CITY OF STILLWATER MEMORANDUM Mayor and City Council Sharon Harrison, Finance Directo~ October 17, 2006 ~ Utility Bill Adjustments - Sewer Charges Description Recommendation 1 Faucet Leak Reduce quarterly billing to 35,000 gallons starting the fourth quarter. o.a\~ \s:Jfq/D\:. ~~::.. . . . Stillwater F ublic Librar~ 651.275:+338 www.stillwaterlib ra r~.org Release of 2006 Capital Funds, part 4 (Final Release) At its meting on September 19,2006, the Board of Trustees passed a resolution requesting that the City Council release the following funds from our approved 2006 Capital budget: Photocopier $4,200 . . . MEMORANDUM TO: Mayor and City Council FROM: Tim Moore Project Coordinator DATE: October 13,2006 RE: Echo Lane Lift station Upgrade Project DISCUSSION: Echo lift station was installed in 1959 as a wet well / dry well configuration. The steel dry well has detiorated to the point that it is no longer economical to repair and is unsafe do to infiltration of ground water. Currently there is no bypass manhole to facilitate maintenance and the piping and pumps are at the end oftheir expectancy. Quotes for the Echo Lane Lift station Upgrades have been received. Jay Bros. Inc. of Forest Lake was low with a quote of $46,996.00. They will be salvaging exist controls, abandoning drywell, installing new pumps, furnishing and installing piping and new by-pass manhole, modifying existing wet well and furnishing by-pass pumping. Telemetry and Process Controls, Inc. will be furnishing and installing new control panel and furnishing new pumps for $23,500.00. Greeder / Mondor Electric will be providing electrical service for $7685.00. Total cost of project will be$78,181.00. RECOMMENDATION I recommend that the City accept the quotes submitted for the Echo Lift station Upgrade Project, and award the contracts. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2006-_ ACCEPTING QUOTES AND AWARDING CONTRACTS FOR ECHO LIFTSTATION UPGRADE PROJECT . Memo To: Mayor and City Council From: Diane F. Ward, City Clerk Date: 10/11/2006 Subject: Public Hearing - 708 Pine Tree Trail On Tuesday, October 10, 2006 the owner of the property provided payment for the demolition and clean up of the garage area at 708 Pine Tree Trail. Because the amount has been paid prior to the hearing, the assessment hearing does not need to take place, however the notice of hearing was published so the Mayor should open and close the hearing with no further action required. . . . . . . CITY OF STILL WATER COUNTY OF WASHINGTON STATE OF MINNESOTA Council member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1, THE MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 10 (A REDEVELOPMENT DISTRICT) WITHIN DEVELOPMENT DISTRICT NO.1, PURSUANT TO AND IN ACCORDANCE WITH MINNESOTA STATUTES ~469.124 TO 469.134 AND 469.174 TO 469.179. BE IT RESOLVED by the City Council (the "Council") of the City of Stillwater, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01 The City Council (the "Council") of the City of Stillwater (the "City") has heretofore established Development District No. 1 and adopted the Development Program therefor. It has been proposed by the City that it adopt a modification to the Development Program for Development District No.1, and modification of the Tax Increment Financing Plan for Tax Increment District No. 10 (a "Redevelopment District") pursuant to and in accordance with Minnesota Statutes Sections 469.124 TO 469.134 and 469.174 to 469.179. 1.02 The City has investigated the facts relating to this action and has caused the documents needed to take this action to be prepared. 1.03 The City has performed all actions required by law to be performed prior to consideration of the proposed modification of the District and the Tax Increment Plan, including, but not limited to, notification of Washington County and Independent School District No. 834 having taxing jurisdiction over the property to be added to the District, notification of the County Commissioner in whose district the City is located, a review of and written comment on the proposed Modification to the Plan by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. 1.04 Certain written reports (the "Reports") relating to the proposed Modification to the Plan and to the activities contemplated therein have been prepared by staff and submitted to the Council and made a part of the City files and proceedings on the Plan. The Reports include data, information and substantiation constituting or relating to the basis for the other findings and determinations made in this Resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this Resolution to the same extent as if set forth in full herein. 1.05 The City is amending the Development Program for Development District No. I, to accommodate the Modification of Tax Increment Financing District No. 10, adding parcels to Tax Increment Financing District No.1, and altering the boundaries of Development District . No.1. Section 2. Findings for the Adoption and Approval of the Program. 2.01 The Council hereby finds that the modifications proposed to the program are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development, having a public purpose and will accomplish the objectives as set forth in the Program, which are hereby incorporated herein. Section 3. Findings for the Modification of Tax Increment Financing District No. 10. 3.01 The Council hereby finds that the modification to the District is in the public interest and will continue to be a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. lO(a)(l). 3.02 The Council further finds that the parking structure proposed for construction in the modified project area would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the District could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment Financing Plan, that the Plan conforms to the general . plan for the development or redevelopment of the City as a whole; and that the Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03 The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reason and supporting facts for each determination in writing as set forth in the attached Exhibit A and as set forth in the Report prepared by Bonestroo Engineering, dated September 2006, and attached as Exhibit B. Both Exhibit A and Exhibit B are incorporated herein by reference as if set forth verbatim. Section 4. Public Purpose. 4.01. The adoption of the modified Plan conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide employment opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. Section 5. Approval and Adoption of the Enlargement of and Modification of the Program for Development District No.1. 5.01 The modified program for Development District No.1, including the adding of . parcels thereto as presented to the Council on this date, are hereby approved, established and adopted and shall be placed on file in the office of the City Administrator. . . . Section 6. District No. 10. Approval and Adoption of the Modified Plan for Tax Increment Financing 6.01 The Modified Plan, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established and adopted and shall be placed on file in the office of the City Administrator. 6.02 The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Mo"dified Plan and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 6.03 The Auditor of Washington County is requested to certify the original net tax capacity of the Modified District, as described in the Modified Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the City of Stillwater City Council is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the area to be added to the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 6.04 The City Administrator is further authorized and directed to file a copy ofthe Plan with the Commissioner of Revenue. The Motion for the adoption of the foregoing resolution was duly seconded by Council Member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: , 2006. CITY OF STILLWATER Jay Kimble, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT A The reasons and facts supporting the findings for the adoption of the Modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 10, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3, are as follows: . Finding that Modified Tax Increment Financing District No. 10 is a redevelopment district as defined in Minnesota Statutes. Section 469.174, Subd 10(a}(1). For the purpose of these findings the scattered sites within Tax Increment Financing District No. 10 are described as Areas One, Two and Three. The Area proposed for addition to Tax Increment Financing District No. 10 is proposed for addition to scattered site Area Two. In the before modification status, Area Two consists of parcels near Mulberry Street, Second Street and Main Street. Of the 8 parcels, one hundred (100%) percent of the parcels are occupied and sixty seven (67%) percent of the buildings in this Area are substandard. After the modification proposed to be adopted October 17,2006, the Lot coverage test and substandard building test will be as follows: Coverage Test: . Original Area Two - 8 of 8 parcels meet coverage test . . Expansion Area - 18 of 24 parcels meet coverage test . . Combined Area Two - 26 of32 parcels meet coverage test=81% of parcels . At least 70010 of the parcels must meet the test to qualify the district Condition of Buildings Test: . Original Area Two - 2 of 3 buildings were found substandard . Expansion Area - 4 of 8 buildings were found substandard . Combined Area Two - 6 of 11 buildings were found to be "structurally substandard" (55%) when considering code deficiencies and other deficiencies of sufficient total significance to justify substandard renovation or clearance. This exceeds the Conditions of Buildings Test whereby over 50010 of buildings in each area, not including out buildings, must be found "structurally substandard". Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur within 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 tax Increment Financing District No. 10 permitted by the Plan. . The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the redevelopment proposed in this Plan Modification meets the City's objectives for redevelopment. Due to the high cost of redevelopment on the parcels currently occupied by substandard buildings, and the cost of financing proposed improvements, development is feasible only through assistance, in part, from tax increment financing. In the scattered site two near Mulberry and Olive Streets the project contains old foundations and some pole buildings. In both instances the demolition costs associated with dealing with development has made development unfeasible. Further, the parking ramp proposed for construction in this Plan Modification would not be feasible since it could not be built solely with private funds. 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 l1F District permitted by the Plan: . The City supports this finding on the grounds that the cost of site acquisition and public parking lot improvements and utilities add unreasonably to the total redevelopment cost. Historically, site and public improvement costs in Area Two have made redevelopment unfeasible without tax increment assistance. Therefore, the City reasonably determines that no other redevelopment of similar scope is anticipated in the plan area without substantially similar assistance being provided to the development. In view of the many years that the land in the plan area has remained undeveloped, the City finds that no development such as the proposed parking structure would occur in the plan area without the assistance that can be provided with tax increment. Further, since the proposed parking structure will be publicly owned the comparative analysis of estimated market values with or without modification of the District is not changed from the projected increases set forth in the initial plan. Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 10 conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the Modification of the Plans on October 9, 2006 and found that the Plans conform to the general development plan of the City, and the Plan.'ling Commission adopted a Resolution supportir.g this finding. . Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 10 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Development District No. 2 by private fflre~ri~. 4t In Area Two remnants of old foundations, pole buildings, and ground water seepage have made development and redevelopment unfeasible_ Redevelopment has included the demolition of old structures and pole buildings and significant dewatering because of ground water seepage from the outcropping of limestone in the area for the project known as the Stillwater Mills property that was recently completed. Redevelopment of Area Two with the proposed ramped parking structure, will provide maximum opportunity for the citizens of the City, consistent with the sound needs of the City for redevelopment of Area Two by private enterprise. . . . . Report for TIF District Number 10 Expansion Stillwater, Minnesota . September, 2006 BRAA File No. 510-06006-0 . Table of Contents Page No. Purpose...................................................................................... 1 Scope..................... ..................... ................. ........................... ... 1 Evaluations........ .................. ....... ..... .......... ............... .................1 Findings................. ...................................... ...... .... .......... ........ ..1 Conclusions............................................................................... 2 Procedures........................ .........................................................2 Qualification Requirements........................ ................................ 4 Measurements Against Technical Test Requirements................. 7 Table 1. CoveragelBuilding Substandard Determination ............9 Table 2. Documentation ofContactslBuilding Evaluations...... 11 Building Reports...................................................................... 14 Figures..................................................................................... 25 TIF District Map Property ill Map . e . . . CITY OF STILLWATER TIF DISTRICT NUMBER 10 EXPANSION REPORT EXECUTIVE SUMMARY PURPOSE The City of Stillwater is proposing to expand its TIF District Number 10, created in April 2003. The District includes Areas 1, 2 and 3. The expansion is proposed in Area 2. The City of Stillwater hired Bonestroo and Associates to survey and evaluate properties within the proposed TIF District Number 10 Expansion Area. The purpose of the survey and evaluation is to independently ascertain whether the expansion of Area Two meets the qualification tests for tax increment eligibility. Bonestroo completed the same analysis for the properties included in the original TIF District 10. The findings and conclusions drawn herein are solely for the purpose of tax increment eligibility and are not intended to be used outside the scope of this assessment. SCOPE OF WORK The proposed expansion includes 24 parcels in downtown Stillwater, along West Myrtle Street, North 3rd Street, and North 2nd Street. The existing Area Two includes 8 parcels along Main Street and 2nd Street near Mulberry. Figure 1 shows the proposed district and its relationship to the existing TIF District Area Two. EVALUATIONS Site visits and evaluations for the proposed Expansion Area were completed in August, 2006. Evaluations were completed for the original Area 2 in August and September, 2002. FINDINGS Coverage Test: · Original Area Two - 8 of 8 parcels meet coverage test . Expansion Area - 18 of 24 parcels meet coverage test . Combined Area Two - 26 of 32 parcels meet coverage test=81 % of parcels . At least 70% of the parcels must meet the test to qualify the district ConditioD of Buildings Test: · Original Area.Two - 2 of3 buildings were found substandard · Expansion Area - 4 of 8 buildings were found substandard · Combined Area Two - 6 of 11 buildiDgs were found to be "structurally substandard" (550/.) when considering code deficiencies and other deficiencies of sufficient total significance to justify substandard renovation or clearance. This exceeds the Conditions of Buildings Test whereby over 50% of buildings in each area, not including out buildings, must be found "structurally substandard". 1 CONCLUSIONS Our survey and evaluation of properties within this proposed Expanded Redevelopment District render results that in our professional opinion qualify the expanded district, eligible under the statutory criteria and formulas for Tax Increment Financing District Funding. . SUPPORTING DOCUMENTS ATTACHED The report that follows details the findings of this study, and includes aerial photos and parcel maps of the proposed expanded TIF District Area. PROCEDURAL REQIDREMENTS The properties were surveyed and evaluated in accordance with the following requirements under Minnesota Statue Section 469.174: Interior Inspection-''111e municipality may not make such determination [that the building is structurally substandard] without an interior inspection of the property..." Exterior Inspection and Other Means-"An interior inspection of the property is not required, if the municipality finds that (I) the municipality or authority is unable to gain access to the property; and after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard." Documentation-"Written documentation of the building findings and reasons why an interior inspection was not conducted must be made and retained under Section 469.175, subdivision 3, clause (I)." Refer to Documentation of ContactslEvaluations, included in the Appendix to this report. . PROCEDURES FOLLOWED TO MEET REQIDREMENTS The City of Stillwater sent letters to all property owners located in the proposed district requesting that an inspection and evaluation be made of their property. Bonestroo & Associates (BRAA) made follow-up calls to each property owner with a listed telephone number. The City sent two additional follow-up letters requesting inspections to each owner who did not respond to the first letter or phone call. BRAA completed up to three calls to each owner who did not respond to the first call. Requests for evaluation appointments were made with the building owner. Access was allowed to complete interior and exterior evaluations on 6 of the 8 buildings in the expansion district. Two properties did not respond to requests for inspection-a garage and a commercial property on North 2nd Street. Based on exterior inspections, both of these properties were found to be in good structwal condition, and neither qualified as "structurally substandard". BRAA staff conducted assessments of all properties and buildings during August, 2006. For all subject buildings, the City of Stillwater provided copies of all available building permits on record for review by BRAA staff. These permits provide a basic description of the type of work completed for each permit (building, electrical, plumbing, etc.) and, in some cases, the value of work completed. Copies of recent Fire Inspection reports were also provided when . ., . available. These reports identify Fire Code violations and deficiencies in the building, as observed at the time of the report. In some cases, completed and approved corrections are noted on the reports. Additional building data was collected from public taxpayer information available from Washington County. Information from these public records was combined with and reviewed against information gathered in the field visits. . . ~ QUALIFICATION REQUIREMENTS The properties were surveyed and evaluated to ascertain whether the qualification tests for tax increment eligibility for a redevelopment district, required under the following Minnesota Statutes, could be met: . Minnesota Statute Section 469.174, Subdivision 10, clause (a) (1) requires two tests for occupied parcels: I. Coverage T est-"parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots or similar structures. .. " Note: The coverage required by the parcel to be considered occupied is defined under Minnesota Statute Section 469.174, Subdivision I 0, clause (e) which states: "For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 15% of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures." 2. Conditions of Building Test-"... and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance," The term 'structurally substandard', as used in the preceding paragraph, is defined by a two-step test: Step 1: Under Minnesota Statutes, Section 469.174, Subdivision 10, clause (b), a . building is structurally substandard if it contains <'defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Step 2: Notwithstanding the foregoing, Minnesota Statutes, Section 469.174, Subd. 10 clause c also provides that a building may not be considered structurally substandard if it "... is in compliance with building code applicable to new buildings or could be modified to satisfy the building code at a cost ofless than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. " Based on the above requirements, the substandard determination of a particular building is a two-step process. The findings of each step are independent of each other and both steps must be satisfied in order for a building to be found structurally substandard. It is not sufficient to conclude that a building is structurally substandard solely because Step 2 is satisfied. It is theoretically possible for a building to require extensive renovation in order to meet current building codes but still not meet the test of Step 1. Furthermore, deficiencies included in Step 1 mayor may not include specific code deficiencies as listed in Step 2. In many cases, specific building code deficiencies may well contribute to the data which supports satisfying Step 1; conversely, it is . A . certainly possible that identified hazards or other deficiencies which could be included in Step I do not necessarily constitute current building code deficiencies. Step I is more subjective, while Step 2 is an objective measure. The following code requirements are defined in terms that go beyond the technical requirements of the code and demonstrate their relevance in terms of"... deficiencies in essential utilities and facilities, light and ventilation, etc..." Uniform Building Code (UBC): The purpose of the UBC is to provide minimum standards to safeguard life or limb, health, property and public welfure by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures. A deficiency in the building code (i.e. insufficient number of building exits, insufficient door landing area, etc.) adversely affects one or more of the above standards to safeguard 'life or limb... and public welfare'; therefore, a deficiency in the building code is considered a deficiency in one or more "essential utilities and facilities, light and ventilation, etc.". . Minnesota Accessibility Code. Chapter 1341: This chapter sets the requirements for accessibility for all building occupancies. The Minnesota Accessibility Code closely follows the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which sets the guidelines for accessibility to places of public accommodations and commercial facilities as required by the Americans with Disabilities Act (ADA) of 1990. Essentially, a deficiency in the accessibility code (i.e., lack of handrail extension at stairs or ramp, lack of clearance at a toilet fixture, etc.) results in a discrimination against disabled individuals; therefore, a deficiency in the accessibility code is considered a deficiency in "essential utilities and facilities." Minnesota Food Code. Chapter 4626: This chapter is enforced by the Minnesota Deparbnent of Health and is similar to the UBC in that it provides minimum standards to safeguard public health in areas of public/commercial food preparation. A deficiency in the food code (lack of non-absorbent wall or ceiling finishes, lack of hand sink, etc.) causes a condition for potential contamination of food; therefore, a deficiency in the food code is considered a deficiency in "essential utilities and facilities." National Electric Code <NBC): The purpose of the UMC is the practical safeguarding of person and property from hazards arising from the use of electricity. The NEC contains provisions that are considered necessary for safety [NEC 90-1 (a) and (b)]. A deficiency in the electric code (insufficient electrical service capacity, improper wiring, etc.) causes a hazard from the use of electricity; therefore, a deficiency in the electric code is considered a deficiency in "essential utilities and facilities." . Uniform Mechanical Code (UMC): The purpose of the UMC is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, con...~.lction, installation, quality of materials, location, operation, and maintenance or use of heating, ventilating, cooling, and other appliances (UMC 102). The UMC sets specific requirements for building ventilation, exhaust, intake and relief These requirements translate into a specified number of complete clean air exchanges for a building based on " its occupancy type an occupant load. A deficiency in the mechanical code adversely affects the 'healtb...and public welfare' ofa building's occupants; . therefore; a deficiency in the mechanical code is considered a deficiency in "light and ventilation". Note: the above list represents some of the more common potential code deficiencies considered in the assessment of the buildings in the proposed district. This list does not necessarily include every factor included in the data used to satisfy Step 1 for a particular building. Refer to individual building reports for specific findings. Finally, the tax increment law provides that the municipality may find that a building is not disqualified as structurally substandard under Step 2 on the basis of "reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical or structural repairs, or other similar reliable evidence. Items of evidence that support such a conclusion [that the building is structurally substandard] include recent fire or police inspections, on-site property appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence." . e A MEASUREMENTS AGAINST TECHNICAL TEST REQUIREMENTS . Coverage Test Stillwater City and BRAA staff used a GIS (Geographic Information Systems) database, available through Washington County, to obtain individual parcel information for the parcels included in the assessment of the three areas in the proposed district. The GIS database contains both graphic information (parcel shapes) and numerical data based on county tax records. We also used GIS information that shows impervious surface coverage to assist in estimating parcel coverage by buildings and other improvements. The total square foot area of each property parcel was obtained from county records (GIS) and general site verification. The total extent of site improvements on each property parcel was digitized from recent aerial photography (Summer, 2005). The total square footage of site improvements was then digitally measured and confirmed by on-site verification. The total percentage of coverage of each parcel was computed to determine if the 15% coverage requirement was met, based on impervious coverage maps and aerial photographs. Condition of Building Test . Building Deficiencies: Step 1 (Systems Condition Deficiencies) - determining the combination of defects or deficiencies of sufficient total significance to justify substantial renovation or clearance. On-site evaluations-Evaluation of each building was made by reviewing available information from city records and making interior and/or exterior evaluations. The evaluator noted deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors. Systems Condition Deficiencies mayor may not include Code Deficiencies as defined below. Energy code compliance was not considered for the purposes of determining Systems Condition Deficiencies. Deficiencies were combined and summarized for each building in order to determine their total significance. Building Deficiencies: Step 2 (Code Deficiencies) - determining technical conditions that are not incompliance with current building code applicable to new buildings and the cost to correct the deficiencies: e On-Site evaluations-Evaluation of each building was made by reviewing available information from city records and making interior and/or exterior evaluations, as noted, sometimes limited to public spaces. On-site evaluations were completed using a standard checklist format. The standard checklist was derived from several standard building code plan review chec!dist.s, and was intended to address the most common, easily identifiable code deficiencies. Deficiencies reviewed included utilities (electrical, plumbing), structural components, light and ventilation, mechanical systems, roofing systems, fire protection, hazardous materials, and out-buildings and structures. 7 Energy code compliance was reviewed in connection with the review of building . structure, roofing systems, lighting and mechanical systems. Office evaluations-Following the on-site evaluation, each building was then reviewed, based on the site data, age of construction, building usage and occupancy, square footage, and know improvements (from building permit data), and an assessment was made regarding compliance with current mechanical, electrical and energy codes. A basic code review was also completed regarding the potential need for additional egress (basement stairways, for example), sprinkler systems, or elevators. Deficiency Cost-costs to correct identified deficiencies were determined by using R. S. Means Cost Data and the professional judgment and experience of the reviewer. In general, where several items of varying quality were available for selection to correct a deficiency, an item of average cost was used, as appropriate for typical commercial or residential applications. Due to the nature of the assessment, we were able to generalize the scope of work for each correction: detailed plans, quantities and qualities of materials were not known. A preliminary cost projection was developed based on the level of detail known. This is similar to the approach for providing a cost projection to an owner during the schematic design stage of a project. Costs to correct deficiencies were computed for each building and compared to the building replacement cost to determine if the 15% requirement was met. The total number of buildings determined to be "structurally substandard" by satisfying both Step 1 and 2 in this manner was compared to the total number of buildings in the district to determine if the 500.10 requirement was met. . Individual Building Summary Reports are available for review at the City of Stillwater (City Hall) and Magnuson Law Firm, Stillwater. Technical Conditions Resources-the following list represents the current building codes applicable to new buildings used in the Building Deficiency review. The following have been adopted by the Stillwater City Code: 1998 Minnesota State Building Code 1997 Uniform Building Code 1997 Uniform Housing Code MN 1341 Minnesota Accessibility Code, Chapter 1341 (1999) 2000 Minnesota Energy Code, Chapters 7672, 7674, or 7676 1999 National Electric Code 1997 Uniform Mechanical Code PROJECT EVALUATORS Richard Fischer, AlA, Bonestroo & Assoc'.ates Gunnar Unger, AlA, Bonestroo & Associates Sherri Buss, RLA Bonestroo & Associates Rozanne Nohre, GIS Specialist, Bonestroo & Associates e ~ . . z o ~ E-4 g ~ fi;I;l ~ fi -< ~ ~ Ul = P 00 ~ .5 ~O~ ~-= =3 ....- p.8~ ~et fi;I;l=- ~Z; ~.~== ... ..... Uti} ~~'Q Of::E U~U . t'Iil e < = .~ ... = t'Iil =- ~ I'I;l 'C ~ ... Q =- e ~ ... :s ''is. ..... U .C 1: is -= = .Q .C o I N ~ ~ ... < Q ...... 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Building lDlBusiness Address: ID 2803020420056 North 2nd Street (Garage for Lowell Inn) Structurally Substandard Building (Y/N): No Stq> One Under the tax increment law (Minnesota Statutes 469.174, Subdivision 10), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Based on actual inspection and review of building permit records, the building identified above does not meet the State's definition of structurally substandard for the following reasons: . Substantial renovation is not required to correct conditions found. . Building code deficiencies total less than 15% of replacement cost . Stq> Two The tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost ofless than 15 percent of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type: (Total replacement cost) $ 16,300. Estimated cost of correction of code deficiencies: (Total deficiency cost) o. Percentage of Code Deficiency to Replacement Cost: (Buildings were total loss due to fire.) 0% Individual Building SU1llID3l)' Reports are on file at the City of Stillwater. e 1A . REPORT ON STRUCTURALLY SUBSTANDARD BUILDING TIF District Number 10 City of Stillwater, Minnesota Building ID/Business Address: ID 2803020420060 & 2803020420061 107 - 3rd Street North - Residential building Structurally Substandard Building (Y IN) Yes Step One Under the tax increment law (Minnesota Statutes 469.174, Subdivision 10), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Based on actual inspection and review of building permit records, the building identified above meets State's definition of structurally substandard for the following reasons: . · Foundation walls are severely cracked; walls have settled causing floors above to deflect. Need to replace or correct floors · Basement stairs do not meet code for rise/run. · Two furnaces over 25 years old and need to be replaced. · Possible mold in basement · Dryer not vented to exterior · Insulation does not meet current code · Structure not adequate to support roof deck over addition · Stairs at entry do not meet code and require replacement Slq> Two The tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15 percent of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type: (Total replacement cost) $ 179,200 Estimated cost of correction of code deficiencies: (Total deficiency cost) $ 39,750 Percentage of Code Deficiency to Replacement Cost: 22% e Individual Building Summary Reports are on file at the City of Stillwater. 1~ REPORT ON STRUCTURALLY SUBSTANDARD BUILDING TIF District Number 10 City of Stillwater, Minnesota . Building IDlBusiness Address: ID 2803020420062 110 East Myrtle St. - Architect's Office Structurally Substandard Building (Y IN): Yes Step One Under the tax increment law (Minnesota Statutes 469.174, Subdivision 10), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Based on actual inspection and review of building permit records, the building identified above meets State's definition of structurally substandard for the following reasons: . Handrails required at exterior stairs to meet code . Foundation walls (stone) are deteriorating. Obvious water intrusion. W rod covering over foundation is in contact with ground. . Single pane windows require replacement . Repair/install flashing at foundation . Repair electrical service wiring into building to meet code . Provide railings at front and back stairs . Substantial renovation is required to correct deficiencies . Step Two The tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15 percent of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type: (Total replacement cost) $ 184,800 Estimated cost of correction of code deficiencies: (Total deficiency cost) $ 37,830 Percentage of Code Deficiency to Replacement Cost: 20 % Individual Building Summary Reports are on file at the City of Stillwater. e 1A . REPORT ON STRUCTURALLY SUBSTANDARD BUILDING TIF District Number 10 City of Stillwater, Minnesota Building IDlBusiness Address: ID 2803020420070 209 N. 3rd Street - Residential building Structurally Substandard Building (Y IN): Yes Step One Under the tax increment law (Minnesota Statutes 469.174, Subdivision 10), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Based on actual inspection and review of building permit records, the building identified above meets State's definition of structurally substandard for the following reasons: . · Wall and roof insulation required to meet code · Replace all windows and exterior doors · Install new footings under front porch · Tuckpointlrepair foundation · Complete rear addition · Repair plaster ceiling in dining room · Install kitchen · Requires new electrical wiring and service · Remove toilet from lower level closet · Refinish wood floors · Substantial renovation is required to correct conditions and building code deficiencies Step Two The tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15 percent of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type: (Total replacement cost) $ 101,235 Estimated cost of correction of code deficiencies: (Total deficiency cost) $ 34,872 Percentage of Code Deficiency to Replacement Cost: 32 % . Individual Building Summary Reports are on file at the City of Stillwater. 17 REPORT ON STRUCTURALLY SUBSTANDARD BUILDING TIF District Number 10 City of Stillwater, Minnesota . Building IDlBusiness Address: ID 2803020420075 ID 2803020440076 102 - 3rd St. North - Post Office Structurally Substandard Building (Y /N): No Step One Under the tax increment law (Minnesota Statutes 469.174, Subdivision 10), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Based on actual inspection and review of building permit records, the building identified above does not meet the State's definition of structurally substandard for the following reasons: Not substandard Slq> Two . The tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost ofless than 15 percent of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type: (Total replacement cost) $ 1,673,000. Estimated cost of correction of code deficiencies: (Total deficiency cost) $ 2,500. Percentage of Code Deficiency to Replacement Cost: ~% Individual Building Summary Reports are on file at the City of Stillwater. e 1A . . . REPORT ON STRUCTURALLY SUBSTANDARD BUILDING TIF District Number 10 City of Stillwater, Minnesota Building IDlBusiness Address: ID 2703020420080 115 - 4th St. N. - St. Croix Academy Structurally Substandard Building (Y IN) No Step One Under the tax increment law (Minnesota Statutes 469.174, Subdivision 10), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Based on actual inspection and review of building permit records, the building identified above does not meet the State's definition of structurally substandard for the following reasons: Not substandard. Building extensively remodeled in 2004. Step Two The tax increment law also provides that a building may not be considered structurally . substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15 percent of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type: (Total replacement cost) $ 1,268,460 Estimated cost of correction of code deficiencies: (Total deficiency cost) $ o Percentage of Code Deficiency to Replacement Cost: -1L% Individual Building Summary Reports are on file at the City of Stillwater. 1Q REPORT ON STRUCTURALLY SUBSTANDARD BUILDING TIF District Number 10 City of Stillwater, Minnesota . Building IDlBusiness Address: ID 2803020140035 225 N. 2nd St. - Commercial building Structurally Substandard Building (Y IN): Yes Step One Under the tax increment law (Minnesota Statutes 469.174, Subdivision 10), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Based on actual inspection and review of building permit records, the building identified above meets State's definition of structurally substandard for the following reasons: . South basement wall and footings require replacement. Then upper building level to be raised and leveled. Remove and replace concrete floor slab in basement to include floor drains. . Severe water seepage through west basement wall. Sump not operational . Replace or remove crushed windows in basement . Provide handicap-accessible toilets . Large amounts of combustible materials to be removed from basement and disposed of safely. . Stq> Two The tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfY the current building code at a cost ofless than 15 percent of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type: (Total replacement cost) $ 912,000 Estimated cost of correction of code deficiencies: (Total deficiency cost) $ 191,400 Percentage of Code Deficiency to Replacement Cost: 21 % Individual Building Summary Reports are on file at the City of Stillwater. . ?n . . . REPORT ON STRUCTURALLY SUBSTANDARD BUILDING TIF District Number 10 City of Stillwater, Minnesota Building ID/Business Address: ID 2803020130145 217 N. 2nd St - Commercial building structurally Substandard Building (Y IN): No Step One Under the tax increment law (Minnesota Statutes 469.174, Subdivision 10), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Based on actual inspection and review of building permit records, the building identified above does not meet the State's definition of structurally substandard for the following reasons: Not substandard Step Two The tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfY the current building code at a cost ofless than 15 percent of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type: (Total replacement cost) $ 450,000 Estimated cost of correction of code deficiencies: (Total deficiency cost) $ 10,000 Percentage of Code Deficiency to Replacement Cost: -1-.% Individual Building Summary Reports are on file at the City of Stillwater. '>1 REPORT ON STRUCTURALLY SUBSTANDARD BUILDING TIF District Number 10 City of StiJlwater, Minnesota . Original Area 2 Building Building IDlBusiness Address: ID 2803020130145 220 Mulberry St. E. Structurally Substandard Building (YIN): No Step One Under the tax increment law (Minnesota Statutes 469.174, Subdivision 10), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar fuctors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Based on actual inspection and review of building permit records, the building identified above meets State's definition of structurally substandard for the following reasons: Buildings are not substandard Step Two The tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfY the current building code at a cost ofless than 15 percent of the cost of constructing a new building of the same square footage and type on the same site. . Estimated cost of new building of same size and type: (Total replacement cost) $ 660,000 Estimated cost of correction of code deficiencies: (Total deficiency cost) $ 79,000 Percentage of Code Deficiency to Replacement Cost: JL% Individual Building Summary Reports are on file at the City of Stillwater. . ')? . . . REPORT ON STRUCTURALLY SUBSTANDARD BUILDING TIF District Number 10 City of Stillwater, Minnesota Original Area 2 Building Building IDlBusiness Address: ill 2803020140010 318 Main St. N Structurally Substandard Building (YIN): Yes Step One Under the tax increment law (Minnesota Statutes 469.174, Subdivision 10), a building is structurally substandard if it contains '"defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Based on actual inspection and review of building permit records, the building identified above meets State's definition of structurally substandard for the following reasons: Electrical, wiring and outlets require upgrade or replacement to meet code Plumbing fixtures require upgrade Bathrooms not accessible-need accessibility improvements Wood frame requires protection to meet code Requires siding and roof insulation to meet energy codes Need improvements to interior and exterior doors for separation Heating system is not complete to all areas. Needs improvement to Cooling system. Requires addition of sprinklers for fire protection Outbuildings require handicap access Step Two The tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15 percent of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type: (Total replacement cost) $ 1,800,000 Estimated cost of correction of code deficiencies: (Total deficiency cost) $ 335,000 Percentage of Code Deficiency to Replacement Cost: ~% Individual Building Summary Reports are on file at the City of Stillwater. ?':l REPORT ON STRUCTURALLY SUBSTANDARD BUILDING TIF District Number 10 City of Stillwater, Minnesota . Original Area 2 Building Building ID/Business Address: ID 2803020140012 304 Main St. N Structurally Substandard Building (YIN): Yes Slq> One Under the tax increment law (Minnesota Statutes 469.174, Subdivision 10), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Based on actual inspection and review of building permit records, the building identified above meets State's definition of structurally substandard for the following reasons: Electrical service panels and wiring require upgrade to meet code. Outlets require Respacing to meet code. Plumbing fixtures do not meet code Windows require upgrade to meet code. No storm windows or storm doors. Cooling system needs replacement No sprinklers for fire protection-needs installation Exterior stair requires new risers and railing. Lead paint and asbestos possible. . Step Two The tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost ofless than 15 percent of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type: (Total replacement cost) $ 156,000 Estimated cost of correction of code deficiencies: (Total deficiency cost) $ 60,000 Percentage of Code Deficiency to Replacement Cost: 3!L% Individual Building Summary Reports are on file at the City of Stillwater. . ?A TIP districts map .,,, Parcel map ?A . C't .. <: ... t; .- .0;' ,!!l'S _~l)l ~iSli' ;..: j::l "" ~ ::l! _,IlQ'" s::....1i :t;i>;> o....;a _ .. 1; . 2!' r:Q r ~~~ '~+J'il , ~ e ! j i ~ LlI<: o o C\I ~.. . ulll ~i . o~ h g. ... 3- i "'! o .. o " ..-- t;-Q ~~ ~ 8 ~ :!J o ~ ~ & . . THE CITY OF STILLWATER MODIFICA TION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1 and the MODIFICA TION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.l~JD and the Ti\~ INCREMENT FINANCING PLAN for the establishment of TAX INCREMENT FIN,A..NCINC DISTRICT NO. 10 (A REDEVELOPMENT DISTRICT) . within DEVELOPMENT DISTRICT NO.1 Public Hearing for consideration of adoption '~Pr.i1 2~, 2Q03.. o ;/">;"1>"'Y' d y~,~F!\Uti h:;&~J.9,JSAIi';1;,..jL", and Resolution Approving Tax Increment Financing Plan May 20, 2003 . TABLE OF CONTENTS Page Article I —Modification to the Development Program for Development Project No. I ................ 1 Section1.01. Forward........................................................................................................... I Article 2 —Modification to the Tax Increment Financing Plan for Tax Increment Financing DistrictNo. 1................................................................................................................................... 1 Sectlo;; 2 nl. Pareels to he Removed from Tax Increment Financing District No. I (as Modified on April 29, 2003)...........................................................................1 Section 2.02. Estimated Impact of Tax Increment Financing...............................................2 Article 3 —Tax Increment Financing Plan for Tax Increment Financing District No. 10 .............. 2 Section3.01. Forward...........................................................................................................2 Section 3.02. Statutory Authority.........................................................................................2 Section 3.03. Statement of Objectives..................................................................................2 Section 3..04. Development Program Overview...................................................................3 Section 3.05. List of Expected Development Activities.......................................................3 Section 3.06. Property to be Included in the District and Property to be Acquired..............6 Section 3.07. Classification of the District...........................................................................8 Section 3.07A. Creation of Hazardous Substance District....................................................10 Section 3.08. Duration of the District.................................................................................13 Section 3.09. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements...............................................................................................13 Section 3.10. Sources of Revenue/Bonded Indebtedness................................................... 15 Section3.11. Uses.of Funds................................................................................................16 Section 3.12. State Tax Increment Financing Aid (Local Contribution)............................17 Section 3.13. Fiscal Disparities Election............................................................................18 Section 3.14. Business Subsidies ................ Section 3.15. County Road Costs.......................................................................................18 Section 3.16. Estimated Impact on Other Taxing Jurisdictions..........................................19 Section 3.17. Supporting Documentation...........................................................................19 Section 3.18. Definition of Tax Increment Revenues.........................................................19 Section 3.19. Modifications to the District.........................................................................19 Section 3.20. Administrative Expenses..............................................................................20 Section 3.21. Limitation of Increment................................................................................21 Section 3.22. Use of Tax Increment....................................................................................22 Section 3.23. Excess Tax Increments.................................................................................23 Section 3.24. Requirements for Agreements with Developer.............................................24 Section 3.25. Assessment Agreements...............................................................................24 Section 3.26. Administration of the District.......................................................................24 Section 3.27. Annual Disclosure Requirements.................................................................24 Section 3.28. Reasonable Expectations...............................................................................25 Section 3.29. Other Limitations on the Use of Tax Increment...........................................25 Section3.30. Summary .......................................................................................................26 Exhibit A: A —I Map of Development District No. 1; A-2 Maps No. 1, 2, and 3 of Proposed Tax Increment District No. 10; A-3 Maps No. 1 and 2 of Parcels to be Deleted and Development District No. 1; A-4 Map of Tax Increment Financing District No. 7 Exhibit B Fiscal Analysis for Establishment of District Exhibit, C Map of Enlargement of Development District,No. [ EA'i�- t 5: Map of Erilargen ent Ffe"Velopment District'No. 1,4 Exhibit E Fiscal Analysis for Modifications Proposed for Adoption October 17, 2006 ARTICLE I — MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. I Section 1.01. Forward. The following text represents a Modification to the Development Plan for Development District No. 1. This modification represents a continuation of the goals and objectives set forth ]n thi D ____i _____ ___t Program, for Development t - listr- 1 1 The modificatioh Of the Plan is set e 1JCVC1UpII1C111 I"lU�'1 Z1111 1V1 1�c dCioplii eiiL L1J 111LiL a.v. forth in Exhibit "C." Generally, the substantive changes include the reductio=='increase in size of ''Tax lne fe t i a�a«aa�}c4 Tax Increment Financing District No. �10, ate-terii}i-nat-i�x�-o��1�=•.��•eR r " No 7 and the � bl'r1�fnent e f T r ,► i~: ♦�� + N r n bran I er-enzc.nt FJLFI L�liuy� ��—riluil�CrfG �� r`i ring, ist et N ..L ni 4i,a r.citn �L- TG�z „�'IIl— 1Ta:7erifig Ps t. led Tao t.,rro, ;e �nur► 7 � . ot-he"areels, all described in the 11� dilicatiaii:af the Tax Increment Financing Plan for Tax Increment Financing District No. 10, set forth in this text, (Prop' ed for Ani`nciirzezxt October 17, 2006.) Scat forth on the map attache&as Exhibit "D," For further information, a review of the Development Program for Development District No. 1 is recommended. It is available from the City Administrator at City Hall. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Development District No. 1. ARTICLE 2 — MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 Section 2.01. Parcels to be Removed from Tax Increment Financing District No. 1 (as Modified on May 20, 2003) The following property and all adjacent rights —of —way identified by the parcel numbers listed below are certified in Tax Increment Financing District No. 1. These parcels are being removed from Tax Increment Financing District No. 1 and will be included in Tax Increment Financing District No. 10. Parcel Numbers 28.030.20.14.0042 28.030.20.41.0098 28.030.20.41.0081 28.030.20.41.0082 28.030.20.41.0084 28.030.20.42.0107 28.030.20.41.0045 28.030.20.11.0003 28.030.20.11.0033 28.030.20.14.0033 28.030.20.12.0101 28.030.20.11,0038 28.030.20.14.0010 28.030.20.14.0011 28.030.20.14.0012 28.030.20.13.0143 28.030.20.13.0144 28.030.20.13,0145 28.030.20.14.0057 28.030.20.11,0037 28.030.20.12.0102 Section 2.02. Estimated Impact of Tax Increment Financing If the County Auditor determines that the current net tax capacity of the parcels eliminated from Tax Increment Financing District No. ] exceeds the net tax capacity of those parcels in the district's original net tax capacity, then the City agrees that the original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated from the district, pursuant to Minn. Stat. §469.175, Subd. 4. ARTICLE 3 — TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 10 Section 3.01. Forward. The City Council for the City of Stillwater (the "City"), staff and consultants have prepared the following information to expedite the es'a'�fl4j iodifica56h of Tax Increment Financing District No. 10 (the "District"), a redevelopment tax increment financing district, located in Development District No. 1. (Proposed for Amendnnent:October- 17 2006.) Section 3.02. Statutory Authorit . Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the City has certain statutory powers pursuant to Minnesota Statutes §§469.124 through 469.134, inclusive, as amended, and Minn. Stat. § §469.174 through 469.179, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing public costs related to this project. This Article contains the Tax Increment Financing Plan (the "Plan") for Tax Increment Financing District No. 10. Other relevant information is contained in the Modification to the Development Program for Development District No. 1. Section- 3.03. Statement of Ob'ectives. The District currently consists of 51 parcels of land, adjacent and internal rights -of -way, and underutilized and abandoned railroad rights -of -way. The District is being created to facilitate the construction of Condominium Units at market rates, rental townhouses at market 7 rates, rental and work lofts, Elderly Rental Apartments, office and commercial uses, public and private parking facilities, flood walls, pedestrian walkways, a transportation corridor, including rail transportation, and right-of-way for sewer, water and storm sewer facilities. Contracts for this have not been entered into at the time of preparation of this Plan, but the date when development is likely to occur is July 15, 2003. This Plan is expected to achieve many of the objectives outlined in the Development Program for Development District No. 1. The activities contemplated in the Modification to the Development Program and the Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Development District No. 1 and the District. Section 3.04. Development Prograin Overview. 1. Property to be Acquired — Selected property located within the District may be acquired by the City and is further described in this Plan. 2. Relocation — Relocation services, to the extent required by law, are available pursuant to Minn. Stat. Chapter 117 and other relevant state and federal laws. 3. Upon approval of a developer's plan relating to a project and completion of the necessary legal requirements, the City may sell to a developer selected properties that they may acquire within the District or may lease land or facilities to a developer. 4. The City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street work and pollution and hazardous waste abatement within the District. Section 3.05. List of Expected Development Activities. The Lofts of Stillwater Project (Parcel No. 28.030.020.14.0033). The Lofts of Stillwater Project is expected to be undertaken by the current fee owner of the site, "The Lofts of Stillwater, Inc." (the "Lofts Redeveloper"). The Lofts project will be a four story residential condominium building containing at least 58 residential units, having approximately 109,000 square feet of total livable area. The underground parking will include space for 137 cars. The soil conditions on the site are unfavorable for redevelopment. Historically, the site itself was created by sawdust and other fill materials after the Original Town of Stillwater was platted. To offset the poor soils on the site, the project will require 281 concrete pilings to be poured beneath the building slab. The depth of those pilings will range from twenty—five to one hundred feet. The Lofts Redeveloper has received bids in the amount of $915,022.53 to correct the soils on the site. 3 In addition to the generally poor condition of the soils, the site suffers from significant environmental contamination. The site has a long history of assorted uses, including that of a foundry, farmer's co—operative, and filling station. The Minnesota Pollution Control Agency (the "MPCA") has identified multiple leaking underground storage tanks on the site. The leaking tanks have discharged a significant amount of petroleum product into the soils beneath the site. In addition to petroleum contamination, environmental investigation has discovered the presence of significant amounts of PaH, arsenic and the pesticide, endrine ketone. The Lofts Redeveloper would like to replace the dilapidated structures previously demolished on the site with the project, which will require the MPCA to approve a Voluntary Response Action Plan. The estimated cost to implement the Plan is $933,995.00. The Lofts Redeveloper estimates that the completed project would have an estimated market value of $38,000,000. It is expected that the project will begin construction in 2003 and be completed by 2005. 2. Territorial Springs Project (Parcel No.28-030-020-12.0101). The Territorial Springs property expected to be undertaken by Frauenshuh—Sweeney as master developer (the "Territorial Redeveloper") will consist of five separate buildings. Building One will contain 22 townhome units with some retail and office space; Building Two will be a four story, 45 unit condominium building; Building Three, a five — seven story building, will contain between 75 and 100 residential condominium units; Building Four will have between 22 and 32 residential rental units; and Building Five will have mixed use of both retail and office space with 16,000 square feet of space. Between 315 and 330 parking spaces will be provided, with approximately one half of the spaces below ground. The site is unfavorable for development because of high or perched ground water conditions on the site. The lack of storm sewer facilities on the site is made worse because the site is on the down stream end of a significant drainage area. In addition, public infrastructure consisting of storm sewer, sanitary sewer, water service, roads and sidewalks must be built to support the project. Estimate of the cost of infrastructure exceeds $3,000,000. The site has a history of assorted uses and at one time housed the Minnesota Territorial Prison. Although the last prison buildings were destroyed by fire on September 3, 2002, the historical wall remains. This wall is in disrepair and must be made secure. The wall functions to retain the soil surrounding the site and to prevent washouts, erosion and collapse. The Territorial Redeveloper estimates the market value of the completed project to be $43,770,000. It is expected that the project will begin construction in 2003 and be completed by 2005. 3. Stillwater_ Bluffs Project (Parcel Nos. 28-030-20410086, 440025, 440085, 4I0087 410084 410082 410081 4I0083 and 420107). Although a developer has not been selected by the City for redevelopment of the Stillwater Bluffs Project, construction is expected to occur between 2005 and 2010. 11 Development of the project site is difficult because part of the site was formerly used by Xcel Energy ("NSP") as a coal gasification facility. Significant contamination consisting of creosote was cleaned up by NSP, however, monitoring wells remain on the site for the indefinite future. The part of the project adjacent to the north of Olive Street was formerly used as a bus garage and significant pollution clean up has taken place under the auspice of the PCA VIC program, but monitoring wells remain. The City expects, however, that the portion of the site south of Nelson Street will be developed into residential condot111111Ui11 units having an expected market value of $30,000,000. T he City expects that the portion of the site north of Olive Street will be developed into a multi -floor parking facility with retail shops along Second Street. The parking is expected to be available to the public and the retail component is expected to have a value of $6,500,0000 and construction to be completed in 2007. 4. Myrtle Street/Lumber Baron's Hotel Parking Project, PID No. 410118. The parcel owned by the St. Croix Preservation Company north of Myrtle Street is now used as a parking lot for the Lumber Baron's Hotel. The City holds an option on the property that, if exercised, would allow construction of a multilevel parking facility on the site. It is reasonable to expect that this site will be developed into a multilevel parking facility with housing built on higher levels of the facility. The project could include a private —public arrangement with all or some levels of the parking structure publicly owned and higher levels of housing privately owned. This development is expected to be completed in 2007. The project is expected to have a market value of $12,000,000.00. 5. Mulberry/Second Street Parking Protect PID No. 130159 and No. 130162 and other Real Estate Expected to be Ac uired . The parcels at the southeast corner of Mulberry and Second Streets can reasonably be expected to be developed as a multilevel parking facility with the possibility of retail and or commercial development on higher levels of the structure. This development is expected to be completed in 2009. The project is expected to have a market value of $6,000,000.00. 6. Main Street/Water Street Visitor Center Project. The City —owned parcel, south of the Mainstream Development, north of the Oasis Market filing station and between Main Street and Water Street, is expected to be developed either publicly or privately with landscaping, sidewalks and a visitor center with public restrooms that are badly needed in the downtown district of the City. It is estimated that the development will occur before 2015. 7. Transportation, Flood. Wall and Utility Corridor. Transportation, flood wall and utility corridor on the Railroad property to be acquired, as described in 3.06(2), extensive public costs are expected to complete the transportation and pedestrian corridor needed to enhance commerce in the downtown area, for construction of a flood wall needed to protect the historical downtown from the ravages of the flooding St. Croix River and to connecting sanitary sewer waste for the downtown to the Metropolitan Sewer Plant that serves the area. Street construction and 5 parking lot and parking ramp construction, and to the extent allowable under the Minnesota Tax Increment Act, public costs associated with a visitor center, public landscaping and park construction. Public costs are estimated in the amount of $12,000,000. 8. Parking Facility Project. The parcels added to the District by the modification proposed to be acted upon on October 117, 2006, and lying between Third Street and Second Street, North of the Lowell Inn and South of the Senior Citizens High Rise are expected to be developed into a multilevel parking facility. Parcels within the District, but privately owned, are expected to be augmented by parcels owned by the City in a privateipublic partnership that will relieve parking congestion near the intersection of Myrtle Street and Third Street and Myrtle Street and Second Street. The Development may have a retail component along Second Street. The project is expected: to have a market value of $8,0.00,000, and is expected to be completed by 2009. (proposed for Amendment October 17, 2006.). Section 3.06. Property to be Included in the District and Property to be Acquired. 1. The following parcels will be included in the District: Parcel Numbers 28.030.20.44.0094 28.030.20.41.0063 28.030.20.41.0086 28.030.20.41.0087 28.030.20.41.0084 28.030.20.41.0083 28.030.20.41.0082 28.030.20.41.0081 28.030.20.13.0162 28.030.20.13.0159 28.030.20.13.0145 28.030.20.13.0144 28.030.20.13.0143 28.030.20.14.0010 28.030.20.14.0012 28.030.20.14.0011 28.030.20.14.0033 28.030.20.12.0101 28.030.20.12.0102 28.030.20.11.0014 28.030.20.11.0038 28.030.20.11.0037 28.030.20.11.0015 28.030.20.11.0033 0 Parcels originally in District. 28.030.20.11.0003 28.030.20.14.0071 28.030.20.14.0042 28.030.20.14.0057 28.030.20.41.0098 28.030.20.41.0118 28.030.20.41.0013 28.030.20.41.0043 28.030.20.41.0045 28.030.20.41.0044 28.030.20.41.0115 28.030.20.44.0089 28.030.20.44.0088 27.030.20.33.0001 34.030.20,22.0075 34.030.20.22.0001 34.030.20.24.0002 34.030.20.24.0008 28.030.20.41.0117 28.030.20.42.0107 28.030.20.44.0091 28.030.20.44.0085 28.030.20.44.0025 28.030.20.42.0053 28.030.20.42.0054 28.030.20.42.0055 28.030.20.42.0056 28.03 0.20.42.0057 28.030.20.42.0059 28.030.20.42.0060 28.030.20.42.0061 28.030.20.42.0062 28.030.20.42.0063 28,030.20.42.0064 28.030.20.42.0065 28.030.20.42.0066 28.030.20.42.0067 28.030:20.42.006.8 28.030.20.42.0069 28.030.20.42.0070 28.030.20.42.0075 2&;030.20.42,0076 n8.030.20.42.0080 28.030.20.1.3.0I65 7 28.030,20.41.0122 28-.030.20.14.0035 28:0.3a.2.0.14.0038 Parcels added by Modifications. proposed for Amendment October 17, 2006. 2. Property to be Acquired. (a) The City expects to acquire the current and abandoned railroad trackage and supporting land now owned by BNSF (formerly Northern Pacific) Railway between the north line of east Elm Street and Nelson Street and the remaining railroad trackage of the Union Pacific Railroad between Nelson Street and the southern City limits. The City intends to redevelop this abandoned and under utilized railroad property as a transportation corridor, including pedestrian walkways, for reconveyance to adjoining owners for the augmentation of parking areas, for a corridor for public sewer and water pipes, for construction of a flood wall expected to be built in conjunction with the Army Corps of Engineers and for the construction of public parking lots. Acquisition to this property is expected to complete by 2005, however, public improvements will be constructed over a period of years and only upon the availability of funds. Further, a dilapidated building exists on part of this property that was formerly used to store fertilizer as part of a barge loading facility. This building contains asbestos and other contaminants and must be demolished and all pollution cleaned up before redevelopment can occur on the site. (b) The City expects to acquire Lots 3 and 4 of Block 18 original Town (now City) of Stillwater located adjacent to and south of the project described in Section 2.05(f), the "Mulberry/Second Street Parking Project." The parcels to be acquired are expected to be integrated with parcels already owned by the City and developed as one project. (c) !'he City expects to acquire all. or part of Lots 16, 17, 187 20 and 21 of Block 19 of the original City and all or part of Lots 9 and 10; Block 09 .of ilie original City. This. property is part of the area being added to Tax Increment District No. 10 with the modification proposed fvr.adoption oft October 17, 2006. (Proposed fQr Amendment October 17, 2006:) Section 3.07. Classification of the District. The City, in determining the need to create a tax increment financing district in accordance with Minn. Stat. §§469.174 to 469.179, as amended, inclusive, find that the district, to be established, is a redevelopment district pursuant to Minn. Stat. §469.174, Subd. 10(a)(1) as defined below: �3 1. "Redevelopment district" means a type of tax increment financing district consisting of a project, or portions of a project, within which the authority finds by resolution that one or more of the following conditions, reasonably distributed throughout the district, exists: (a) parcels consisting of 70 percent of the area in the district are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and morethan 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; or (b) the property consists of vacant, unused, underused, inappropriately used, or infrequently used rail yards, rail storage facilities or excessive or vacated railroad rights —of —way; or (c) tank facilities, or property whose immediately previous use was for tank facilities, as defined in Minn. Stat. §115C.02, Subd. 15, if the tank facility: (1) has or had a capacity of more than one million gallons; (2) is located adjacent to rail facilities; or (3) has been removed, or is unused, under -used, inappropriately used or infrequently used. 2. For purposes of this subdivision, "structurally substandard" means containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. 3. A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average costs of plumbing, electrical, or structural repairs or other similar reliable evidence. The municipality may not make such a determination without an interior inspection of the property, but need not have an independent, expert appraisal prepared of the cost of repairs and rehabilitation of the building. An interior inspection of the property in not required, if the municipality finds that (1) the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard. 6 4. A parcel is deemed to be occupied by a structurally substandard building for purposes of the finding under paragraph (a) if all of the following conditions are met: (a) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the district with the county auditor; (b) the substandard building was demolished or removed by the authority or the demolition or removal was financed by the authority or was done by a developer under a development agreement with the authority; (c) the authority found by resolution before the demolition or removal that the parcel was occupied by a structurally substandard building and that after demolition and clearance the authority intended to include the parcel within a district; and (d) upon filing the request for certification of the tax capacity of the parcel as part of a district, the authority notifies the county auditor that the original tax capacity of the parcel must be adjusted as provided by Minn. Stat. §469.177, Subd. 1(h). 5. For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 15 percent of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures. 6. For districts consisting of two or more noncontiguous areas, each area must qualify as a redevelopment district under paragraph (a) to be included in the district, and the entire area of the district must satisfy paragraph (a). In meeting the statutory criteria, the City relied on the following facts and findings: ❑ The District is a redevelopment district consisting of 4773 parcels, consisting of 3 noncontiguous areas.'' -(Proposed for Amendment Via. �oqj ❑ An inventory shows that parcels consisting of 70 percent of the area in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures. ❑ An inspection of the buildings located within the District finds that more than 50 percent of the buildings are structurally substandard as defined in the TIF Act. Pursuant to Minn. Stat. §469.176, Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions of §273.111 or §273.122 or Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of 10 the District. Incorporated herein by reference is the report of Bonestroo, Rosene, Anderlik & Associates, Inc., setting forth the qualifications that the District is a redevelopment district, pursuant to Minn. Stat §469.174, Subd. I0(a)(l). Incorporated herein by reference is the Report of` Bonestroo, Rosene, Anderlik & Associates, Inc., setting forth the qualifications that the modification of the District made on October 17, 2006 continues to qualify scattered Site No. 2 of Tax Increment District No. 10 as a Redevelopment District pursuant to §469.174, Subd. 10(a)(1). (Proposed for Amendment October 17, 2006.) Section 3.07A. Creation of Hazardous Substance Subdistrict. There is hereby created within Tax Increment District No. 10 a hazardous substance subdistrict (the "Hazardous Substance Subdistrict") consisting of Parcel No. 28.030.020.14.0033. In conjunction with the adoption of this plan, the City has made the following findings: 1. Redevelopment on the site would not reasonably be expected to occur solely through private investment and the tax increment otherwise available and therefore the Hazardous Substance Subdistrict is determined necessary. In making this finding, the Council adopts by reference §3.05, Subd. 1 of the Plan and the narrative description of the project that states the reasons and the supporting facts for this finding. 2. The Council finds that other parcels that are not designated hazardous substance sites are expected to be developed together with the designated Hazardous Substance Site. 3. The Subdistrict is not larger than, and the period of time during which increments are elected to be received is not longer than that which, in the opinion of the City, is necessary to provide for the additional costs due to the designated Hazardous Substance site. In making this finding the Developer has demonstrated eligible tax increment costs of $2,473,666 consisting of unreimbursed cleanup costs of $209,836, soil conservation and stabilizing costs of $915,022, flood protection and public improvement costs of $311,741 and land acquisition costs of $1,037,094. Under City policy, however, the Developer is expected to recover $2,000,000 of tax increment assistance, leaving unreimbursed cleanup costs of $209,836. It is, therefore, necessary to establish the original net tax capacity of the parcel at zero value in order to generate tax increment sufficient to reimburse the Developer for the Hazardous Substance Clean—up costs. The City does not intend to request the Minnesota Attorney General to bring a civil action or assist it in bringing a civil action. The City shall reimburse the Minnesota Pollution Control Agency for its administrative expenses incurred to review and approve a development response action plan. ll The original net capacity equals (1) the net tax capacity of the parcel, as most recently determined by the Minnesota Commissioner of Revenue, less (ii) the estimated costs of the removal actions and remedial actions as specified in a development response action plan to be undertaken with respect to the parcels, (iii) but not less than zero. The City's estimated net tax capacity, pending approval of the development response action plan, of the Hazardous Substance Subdistrict is $-0—. The original net tax capacity of the Hazardous Substance Subdistrict shall be increased by the amount by which it was reduced as provided above upon certification of the City that the cost of the removal and remedial actions specified in the development response action plan, except for long—term monitoring and similar activities, have been paid or reimbursed. The additional tax increments from the Hazardous Substance Subdistrict received as a result of a reduction in original net capacity, or as a result of the extension of the period for collection of tax increment, shall be used only to pay or reimburse the costs of: (1) removal or remedial actions with respect to hazardous substances or pollutants or contaminants or petroleum releases affecting or which may affect the designated hazardous substance site; (2) pollution testing, demolition, and soil computation correction necessitated by the development response action plan for the designated hazardous substance site; (3) purchase of environmental insurance or deposits to a guaranty fund, relating only to liability or response costs for land in the Subdistrict; and (4) related administrative and legal costs, including costs of review and approval of the development response action plans by the Minnesota Pollution Control Agency and litigation expenses of the Minnesota Attorney General; all as provided in Minn. Stat. §469.176, Subd. 4(e). The City hereby finds, determines and declares that the above costs include interest paid on bonded indebtedness, if any, incurred to financing the payment of such costs. The most recent net tax capacity of taxable real and personal property within the Hazardous Substance Subdistrict is $3,428. For the Hazardous Substance Subdistrict, the captured net tax capacity is the amount, if any, by which the lesser of (1) the original net tax capacity or (2) the current net tax capacity of the Tax Increment District No. 10 overlying the Hazardous Substance Subdistrict exceeds the original net tax capacity of the Hazardous Substance Subdistrict. The estimated duration of the Hazardous Substance Subdistrict is for 25 years through 2029. The Hazardous Substance Subdistrict shall endure as long as is necessary to reimburse the costs of remediation and removal and other costs noted above. Minn. Stat. §469.176, Subd. 1(e), provides as follows: tax increment may be paid to the City from the parcels in the Hazardous Substance Subdistrict for longer than the period otherwise provided for the overlying district. As applied here, the extended period begins on the receipt of the first tax increment received after the date of certification of the Hazardous Substance Subdistrict, and is the lesser of: (1) 25 years from the date of commencement of the extended period (the City not having elected to defer the receipt of the first increment); or (2) the period necessary to recover the costs of removal actions or remedial actions specified in a development response action plan. Terms used in this Section 3.07A shall have meanings set forth in Minn. Stat. §469.174, Subd. 17, and by reference in Subd. 18. 12 The City does not with respect to the Hazardous Substance Subdistrict elect to defer the receipt of tax increments as permitted by Minn. Stat. §469. l 75, Subd 1(b). Section 3.08. Duration of the District. Pursuant to Minn. Stat. §469.175, Subd. 1, and Section 469.176, Subd. 1, the duration of the District must be indicated within this Plan. Pursuant to Minn. Stat. §469.176, Subd. lb, the duration of the District will be 25 years after receipt of the first increment by the City. The date of receipt by the City of the first tax increment is expected to be 2005. However, there may be tax increment in 2004 caused by inflation in the market values of the parcels within the District. Thus, it is estimated that the District, including any modifications of the Plan for subsequent phases or other changes, would terminate after 2030, or when the Plan is completed. If increment is received in 2005, the term of the District will be 2030. if increment is received in 2004 the term of the District will be 2029. The City reserves the right to decertify the District prior to the legally required date. Section 3.09. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/increment and Notification of Prior Planned Improvements. Pursuant to Minn. Stat. §469.174, Subd. 7 and Minn. Stat. §469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2002 for taxes payable 2003. Pursuant to Minn. Stat. §469.177, subds. 1 and 2, the County Auditor must certify in each year (beginning in the payment year 2003) the amount by which the original value has increased or decreased as a result of: change in tax exempt status of property; 2. reduction or enlargement of the geographic boundaries of the district; change due to adjustments, negotiated or court —ordered abatements; 4. change in the use of the property and classification; change in state law governing class rates; or 6. change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the City. The original local tax rate for the District will be the local tax rate for taxes payable 2003, assuming the request for certification is made before July 1, 2003. The Original Tax Capacity and the Original Local Tax Rate for the District appear in the table below. 13 Pursuant to Minn. Stat. §469.174, Subd. 4 and Minn. Stat. §469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Development District No. 1, upon completion of the project, will annually approximate tax increment revenues as shown in the table below. The City requests 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2003. The Project Tax Capacity (PTC) listed is an estimate of values when the project is completed. Projected Estimated Tax Capacity upon Completion (PTC) 1,503,700 Original Estimated Net Tax Capacity (ONTC) 127,550 Estimated Captured Tax Capacity (CTC) 1,376,150 Original Local Tax Rate 1 14.785% Estimated Annual Gross Tax Increment (CTC x Local Tax Rate) 1,579,614 Percent Retained by the City 100% Pursuant to Minn. Stat. §469.177, Subd. 4, the City shall, after a due and diligent search, accompany its required for certification to the County Auditor or its notice of the District enlargement pursuant to Minn. Stat. §469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding, approval of the Plan by the municipality pursuant to Minn. Stat. §469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City has reviewed the area to be included in the District and determined after diligent search that the following building permits have been issued during the 18 months immediately preceding approval of the Plan by the City: Building Permit Parcel Number Address Numbers 1. 28.030.20.14.0010 322 N. Main 02-0837 02-1191 02-1261 03-0168 03-0246 03-0271 2. 28.030.20.14.0033 501 N. Main 02-0887 02-1873 02-2071 Date Work Valuation Issued Performed - 1,800 06/26/02 Remodel 8,500 08/15/02 Remodel 18,000 08/27/02 Windows 5,000 02/28/03 Windows 2,500 03/20/03 Remodel 5,000 03/25/03 Remodel 23,000 07/03/02 Demolition 10,000 11/07/02 Deck 1,200 12/20/02 Fireplace 14 The following building permits have been issued in the area proposed for expansion in the 18 months immediately preceding approval of the Modification proposed for Amendment October 17, 2006: Parcel Number Address 1. 28.030.20.42.067 2001N.3rd Building Permit Date Work Numbers Valuation Issued Performed 2006-549 10,000 06f30/06 Siding and Roofing (Pralioseci for Amendment October 17, 2006.) Section 3.10. Sources of Revenue/Bonded Indebtedness. Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The City reserves the right to use other sources of revenue legally applicable to the City and the Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from developers and investment income, to pay for the estimated public costs. The City reserves the right to incur bonded indebtedness or other indebtedness as a result of the Plan. As presently proposed, the projects will be financed by pay—as—you—go notes and interfund loan/transfers. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness or other indebtedness related to the use of tax increment financing will not exceed a maximum of $17,800,000 $21,800,000:00 without a modification to the Plan pursuant to applicable statutory requirements. This provision does not obligate the City to incur debt. The City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The City may also finance the activities to be undertaken pursuant to the Plan through loans from funds of the City or to reimburse the developer on a "pay—as—you—go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table below. 15 REVENUES AND OTHER FINANCING SOURCES (OFSs) BUDGET AMOUNT Tax Increment Revenue $3�;595;$N $41,500,000 Interest on Invested Funds $ 1,000,000 Bond Proceeds $4q4,4", W $21,800,000 Loan Proceeds $ 1,000,000 Special Assessments $ 1,000,000 Sales/Lease Proceeds $ 2,000,000 Loan/Advance Repayments $ 1,000,000 Grants $ 3,000,000 Interfund Loans $ 2,000,000 TOTAL PROJECT AND FINANCING REVENUES (Proposed for A-nendment.October 17 $66,300,00 $74,300,000 Section 3.11. Uses of Funds. Currently under consideration for the District is a proposal to facilitate construction of the improvements listed in Section 3.03 of the Plan. The City has determined that it will be necessary to provide assistance to the project for certain costs. The City has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. 16 EXPENDITURES AND OTHER FINANCING USES (OFUs) BUDGET AMOUNT Land/Building Acquisition $ 5,000,000 Site Improvements/Preparation Costs $ 4,750,000 Installation of Public Streets $ 3,500,000 Parking Facilities $ &;84143, 00 $14,000,000 Streets and Sidewalks $ 2,500,000 Public Sewer, Water, Storm Sewer and Pedestrian Ways $ 2,500,000 Social, Recreational, or Conference Facilities $ —0— Interest Reduction Payments $ —0— Bond Principal Payments $17,800,000 Bond Interest Payments $18,000,000 Loan Principal Payments $ 1,000,000 Loan/Note Interest Payments $ 500,000 Administrative Expenses $ 2,000,000 Interfund Loans/ interest payments $ 3,000,000 PROJECT COSTS TOTAL (Proposed for Amendriment.Qctober 17, 2006.) $74,300,000 The above budget is organized according to the Office of State Auditor (OSA) reporting forms. Estimated costs associated with the District are subject to change among categories without a modification to this Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant to Minn. Stat. §469.1763, Subd. 2, no more than 25 percent of the tax increment paid by property within the District will be spent on activities related to development or redevelopment outside of the District but within the boundaries of Development District No. 1, (including administrative costs, which are considered to be spent outside of the District) subject to the limitations as described in this Plan. Section 3.12. State Tax Increment Financing Aid (Local Contribution). Minn. Stat. §273.1399 (LGA/HACA penalty) was repealed by the 2001 Legislature and does not apply to the District. If required by future legislation, it is the City's intention to consider taking the steps necessary to preserve state —paid local government aid. 17 Section 3.13. Fiscal Disparities Election. Pursuant to Minn. Stat. §469.177, Subd. 3, the City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to Minn. Stat. §469.177, Subd. 3, clause a, (outside the District) are followed, the following method of computation shall apply: 1. The original net tax capacity and the current net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 276A or 473F. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax capacity and no tax increment determination. Where the original net tax capacity is less than the current net tax capacity, the difference between the original net tax capacity and the current net tax capacity is the captured net tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. 2. The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the lesser of (A) the local taxing district tax rates or (13) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. The City shall submit to the County Auditor at the time of the request for certification which method of computation of fiscal disparities the City Elected. The City will choose to calculate fiscal disparities by clause A for the District and the Hazardous Substance Subdistrict. Section 3.14. Business Subsidies. To the extent applicable, the City agrees to comply with Minn. Stat. § 116J.993 to 116J.994, which states that a local unit of government granting financial assistance to a business for economic development or job growth purposes, including tax increment financing, must establish business subsidy criteria and approve a business subsidy agreement with the business receiving the assistance. The City has heretofore established business subsidy criteria, all of which is on file with the City Administrator. Section 3.15. County Road Costs. Pursuant to Minn. Stat. §469.175, Subd. 1 a, the county board may require the City to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgment of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. If the county elects to use increments to improve county roads, it must notify the City within forty-five days of receipt of this Plan. In the opinion of the City and consultants, the proposed development outlined in this Plan will have little or no impact upon county roads. Section 3.16. Estimated Impact on Other Taxing Jurisdictions. The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the Plan would occur without the creation of the District. However, the City has determined that such development or redevelo ment would not nccnr "hi t for" tax increment -financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District is first calculated as if the "but for" test was not met in the Estimated Impact on Other Taxing Jurisdiction Report page of the Fiscal Analysis attached as Exhibit B. The same page of the Fiscal Analysis attached as Exhibit B, displays the captured tax capacity when all construction is completed. The tax rate used for calculations is the final 2002/Pay 2003 rate. The total net capacity for the entities listed above are based on final Pay 2003 figures. The District will be certified under the actual 2002/Pay 2003 rates. The fiscal analysis and. estimated impact on other, taxing jurisdictions by reason of the modification prepared for adoption on October 17, 2006 is attached as Exhibit E. (Proposed for Amendment October 17, 2006.) Section 3.17. Supporting Documentation. Pursuant to Minn. Stat. §469.175, Subd. 1 a, clause 7, the Plan must contain identification and description of studies and analyses used to make the determination set forth in Minn. Stat. §469.175, Subd. 3, clause (2) and the findings are required in the resolution approving the TIF district. A list of reports and studies that support the City's findings is on file at the City. Section 3.18. Definition of Tax Increment Revenues. Pursuant to Minn. Stat. §469.174, Subd. 25, tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources. 1. taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under Minn. Stat. §469.177; 2. the proceeds from the sale or lease of property, tangible or intangible, purchased by the authority with tax increments; 3. repayments of loans or other advances made by the authority with tax increments; and 4. interest or other investment earnings on or from tax increments. Section 3.19. Modifications to the District. In accordance with Minn. Stat. §469.175, Subd. 4, any: 19 1. reduction or enlargement of the geographic area of Development District No. l or the District; 2. increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized; 3. increase in the portion of the captured net tax capacity to be retained by the City; 4. increase in total estimated tax increment expenditures; or 5. designation of additional property to be acquired by the City, shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original Plan. Pursuant to Minn. Stat. §469.175, Subd. 4(b), the geographic area of the District may be reduced, but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a redevelopment district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of Minn. Stat. §469.174, Subd. 10, paragraph (a), clauses (1) to (5), must be documented in writing and retained. The requirements of this paragraph do not apply if (1) the only modification is elimination of parce](s) from Development District No. 1 or the District; and (2) (a) the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or (b) the City agrees that, notwithstanding Minn. Stat. §469.177, Subd. 1, the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District. The City must notify the County Auditor of any modification that reduces or enlarges the geographic area of Development District No. 1 or the District. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the Plan. Section 3.20. Administrative Expenses. In accordance with Minn. Stat. §469.174, Subd. 14, and Minn. Stat. §469.176, Subd. 3, administrative expenses means all expenditures of the City, other than: 1. amounts paid for the purchase of land; 2. amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the project; 3. relocation benefits paid to or services provided for persons residing or businesses located in the project; or 20 4. amounts used to pay principal or interest on, find a reserve for, or sell at a discount bonds issued pursuant to Minn. Stat. §469.178; or 5. amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in sections 1 to 3. For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982, administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total tax increment expenditures authorized by the Plan or the total tax increment expenditures for Development District No. 1, whichever is less. Pursuant to Minn. Stat. §469.176, Subd. 4h, tax increments may be used to pay for the county's actual administrative expenses incurred in connection with the District. The county may require payment of those expenses by February 1-5th of the year following the year the expenses were incurred. Pursuant to Minn. Stat. §469.177, Subd. 11, the county treasurer shall deduct an amount (currently at .37 percent) of any increment distributed to the City and the county treasurer shall pay the amount deducted to the state treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. Section 3.21. Limitation of Increment. Pursuant to Minn. Stat. §469.176, Subd. l a, no tax increment shall be paid to the City for the District after three (3) years from the date of certification of the Original Net Tax Capacity value of the taxable property in the District by the County Auditor, unless within the three (3) year period: 1. bonds have been issued in aid of the project containing the District pursuant to Minn. Stat. §469.178, or any other law, except revenue bonds issued pursuant to Minn. Stat. §469.152 to 469.165, or 2. the City has acquired property within the District, or 3. The City has constructed or caused to be constructed public improvements within the District. The bonds must be issued, or the City must acquire property or construct or cause public improvements to be constructed by approximately May 1, 2005 and report such actions to the County Auditor. The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District may be terminated if sufficient funds have been irrevocably deposited 21 in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to Minn. Stat. §469.176, Subd. 6: "if, after four years from the date of certification of the original net tax capacity of the tax increment financing district pursuant to Minn. Stat. §469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor that the activity has commenced and the county auditor shall certify the net tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision. The authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district. The evidence for a parcel must be submitted by December 31 st of the fifth year following the year in which the parcel was certified as included in the district. For purposes of this subdivision, qualified improvements of a street are limited to (1) construction or opening of a new street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing street." The City or a property owner must improve parcels within the District by approximately May 1, 2006 and report such actions to the County Auditor. Section 3.22. Use of Tax Increment. The City hereby determined that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: 1. to pay the principal of and interest on bonds issued to finance a project; 2. to finance, or otherwise pay the cost of redevelopment of projects pursuant to Minn. Stat. §§469.124 to 469.134; 3. to pay for project costs as identified in the budget set forth in the Plan; 22 4. to finance, or otherwise pay for other purposes as provided in Minn. Stat. §469.176, Subd. 4; 5. to pay principal and interest on any loans, advances or other payments made to or on behalf of the City or for the benefit of projects by a developer; 6. to finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal and interest on bonds pursuant to the Plan or pursuant to Minn. Stat. Chapter 462C_, Minn. Stat. §§469.152 through 469.165, and/or Minn. Stat. §469.178; and 7. to accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to Minn. Stat. Chapter 462C, Minn. Stat. §469.152 through 469.165, and/or Minn. Stat. §469.178. 8. to repay -and -retire -loans -made -to -the -District by the -City from -other City revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by Minn. Stat. §469.176, Subd. 4. Tax increments generated in the District will be paid by Washington County to the City for the Tax Increment Fund of the District. The City will pay to the developer(s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and administration. Remaining increment funds will be used by City administration (up to 10 percent) and the costs of public improvement activities inside and outside of the District. Section 3.23. Excess Tax Increments. Pursuant to Minn. Stat. §469.176, Subd. 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the Plan, including the amount necessary to cancel any tax levy as provided in Minn. Stat. §475.61, Subd. 3, the City shall use the excess amount to do any of the following: 1. prepay any outstanding bonds; 2. discharge the pledge of tax increment therefore; 3. pay into an escrow account dedicated to the payment of such bonds; or 4. return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. In addition, the City may, subject to the limitations set forth herein, choose to modify the Plan in order to finance additional public costs in Development District No. 1 or the District. 23 Section 3.24. Reauirements for Aareements with Developer. The City will review any proposal for private development to determine its conformance with the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the City to demonstrate the conformance of the development with City plans and ordinances. The City may also use the Agreements to address other issues related to the development. Pursuant to Minn. Stat. §469.176, Subd. 5, no more than 25 percent, by acreage, of the property to be acquired in the District as set forth in the Plan shall at any time be owned by the City as a result of acquisition with the proceeds of bonds issued pursuant to Minn. Stat. §469.178 to which tax increments from property acquired is pledged, unless prior to acquisition in excess of 25 percent of the acreage, the City concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the City should the development or redevelopment not be completed. Section 3.25. Assessment Agreements. Pursuant to Minn. Stat. §469.177, Subd. 8, the City may enter into a written assessment agreement in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. the assessment agreement shall be presented to the county assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the county assessor shall also certify the minimum market value agreement. Section 3.26. Administration of the District. Administration of the District will be handled by the City Administrator. Section 3.27. Annual Disclosure Re uirements. Pursuant to Minn. Stat. §469.175, Subd. 5, 6 and 6a the City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor, County Board, County Auditor and School Board on or before August 1 of each year. Minn. Stat. §469.175, Subd. 5 also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by Minn. Stat. §469.175, Subd. 5 and Subd. 6, the Office of the State Auditor will direct the County Auditor to withhold the distribution of tax increment from the District. 24 Section 3.28. Reasonable Expectations. As required by the TIF Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Plan. I,. making said determination, reliance has been placed upon written representation made by the developer to such effects and upon City staff awareness of the feasibility of developing the project site. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such analysis is included with the cashflow in Exhibit B, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. Section 3.29. Other Limitations on the Use of Tax Increment. 1. General Limitations. All revenue derived from tax increment shall be used in accordance with the Plan. The revenues shall be used to finance, or otherwise pay the cost of redevelopment of the Development District No. 1 pursuant to the Minn. Stat. §469.090 to 469.1082. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for 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. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. 2. Pooling Limitations. At least 75 percent of tax increments from the District must be expended on activities in the District or to pay bonds, or the extent that the proceeds of the bonds were used to finance activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not more than 25 percent of said tax increments may be expended, through a development fund or otherwise, on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they were solely for activities outside of the district. 3. Five Year Limitation on Commitment of Tax increments. Tax increments derived from the District shall be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if the five year rule set forth in Minn. Stat. §469.1763, Subd. 3, has been satisfied; and beginning with the sixth year following certification of the District, 75 percent of said tax increments that remain after expenditures permitted under said five year rule must be used only to pay 25 previously committed expenditures or credit enhanced bonds as more fully set forth in Minn. Stat. §469.1763, Subd. 5. 4. Redevelopment District. At least 90 percent of the revenues derived from tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation of redevelopment and renewal and renovation districts under Minn. Stat. §469.176, Subd. 4j. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition, and rehabilitation of structures, clearing of the land, the removal of hazardous substances or remediation necessary for the development of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the City, including the cost of preparation of the development action response plan, may be included in the qualifying costs. Section 3.30. Summary, The City of Stillwater is establishing the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Tax Increment Financing Plan for the District was prepared by Magnuson Law Firm, 333 North Main Street, Suite 202, Stillwater, MN 55082, telephone (651) 439-9464, fax (651)-439-5641. 26 EXHIBIT A MAPS OF DEVELOPMENT DISTRICT NO. 19 PROPOSED TAX INCREMENT DISTRICT NO. 10 PARCELS TO BE DELETED AND DEVELOPMENT DISTRICT NO. 1 AND TAX INCREMENT FINANCING DISTRICT NO.7 EAST - . W1 IiCINS STREET 5�7 0 Ui 1024 1023 1 1023 LU LU G� < ?09/ f02O 1020 0 1 'CO In j '1019 Q� 01:2. 1015 1012 loll: 1003 0 CD 10 1 1045 147 PEN STREET I 0) T 1513 921 910 O. 913 1 904 -- _ � it - 118 210- 516- 1 07 XA Y_ ,512 410 402 2:32! X0, 319 422 422 Mai) #1 of 3 City of 0 dater Engineering Deparimew T.I.F. District N #.0 w S 0 300—Fe( Substandard Non -Substandard 4— .08 36 '.18 Map #2 Cilv or of 3 232 Water �A 219 Engineering Department ,-� T.I.F. �o 0 a 220 3 o N t.. {°� I•.. W TL �T ! - a J , i V�L1 20S. �o I.... -- 0 300 Fe( 23 arc i5dard N@standard307 1� 1- (P 32 ! ¢° N ' L NSI 806 6 •, l 1 r'� /� • 502 510 + ,N 5T EFT. �',- ��•' 10 ;i 18 F- 919 920 O 926 ' 932 36 f935 �mm518 937 `O DUBUQUE STREET _ w � 1005 1002 ....-. g5j.__ 2 w ...100 ../...... k . O � l w > 1009 1. 1006- f. .... _ _. z 7.. f..----- -- U) Z }Q8 Q (......--- -- - 1014 w --1Will 1.010 w } _ /1019 / Q i 10 / Zf w i7d u_ / gam/ 1 -7- 'T f:.....1.�... �- r32 7030 506 518 Ow ... ... F-1 BURLINGTON STREET 1035 AI 602 _._ 1204 � 1205 1204 - - - 42 _ T 1209 1209 p f. -- 213 2 TZ 1220- 1215 121 1221 __ 224.. w w 1213 _23E; 1215 1222 Z w _ 0-1. /.516 ¢ STREET 1 EAST ST LOUIS _•_ _ 1 1305/ 615 1302 i3Q$ �'A 1309 _..� .. _ (1312 m 1312 131R6. _.. 1 1315 = 131 11317 1319 131 1316 — p 13253l$ .... / ..... - Imo- 1325 132 1331 _ _ (1332 u _ 1325 ' •• / Z �.._........ / _ 1347 13481331 133 pp O 704 1336 w 13 T Map #3 City of of 3 dater Engineering Department T.I.F. District #10Nq W - ��G�- S 0 300 Fe( /. - .,emu - _ .-. 11 • Substandard\ 4wNon-Substandard �� p 1016 01� 1016 1022 1005- 10}2 F 1.01 1012 U1 J Mai) # 1 1 )07 o ioii 11 1001 1008 1003 0 1 1008 z 1117 + J f EAS PEN STREET LL _ - - rnr I O1 920 L J Q 921 �fJ f 1513 City 0f � / sJ18 ! uvi I -U41 ❑ 910 r 913 — J . vi 904 ate' Or WEST EL REET Engineering Do arlmeni 422 T.I.F. District 722 .721x IN711^ " # 1 N 608 I 703- tr.�y1 621 J 118 210• ' G f W E $ 1 622 61 Z U�j 422 l/6l—t7B18-_ ,. I o a r S } X 1�22d 246 �a i i•7' 2211b a� 1� '6' Y G \Z26 1`�}Y118 12•� 2 �.206 J' 306 x 31 �� n •• P�Rc �t5 0 400 Feet 14T!' 3 _ -m ar DELETLD March 2003 o ® F l _ON D15T#EI �' �•� N 0, gf 1 \ 4T12 114\ i - 60 4 v -i-'�s 23T J f � 1 1 220 1rG Orr �� N rt •� .-. 192 IN E`�rt4NA i}4 y�ibt� 301s . �. Sa��x::a;• ;�=..a 302 _ - G 304-229 �201\ OG . *\'� / / \ 5 - \ 20207q J w14x 'ft ♦ q r LU N z ' LL • ' • �,,1 $ § d "_1_�`s: a v. u 'A". r 1. 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(') <') (') (\iNN ~ a). ~ ~ (') N ~ e. Market Value Analysis Report City of Stillwater, Minnesota Tax Increment Financing (Redevelopment) District No. 10 Scattered Site Housing Projects Scenario A - Lofts, Territorial Place, Bluffs, Myrtle, and Mulberry projects . Assumptions Present Value Date 06101/03 P.V. Rate - Gross T.!. 8.00% Increase in EMV With TIF District $128,667,500 Less: P.V of Gross Tax Increment 12,909,354 Subtotal $115,758,146 Less: Increase in EMV Without TIF 0 Difference $115,758,146 Annual Present Gross Tax Value @ Year Increment 8.00% 1 2005 363,587 303,822 2 2006 865,427 669,604 3 2007 977 ,357 700,192 4 2008 1,089,287 722,574 5 2009 1,338,958 822,400 6 2010 1,450,888 825,138 7 2011 1,587,769 836,096 8 2012 1,587,769 774,163 9 2013 1,587,769 716,817 10 2014 1,587,769 663,720 11 2015 1,587,769 614,555 12 2016 1,587,769 569,033 13 2017 1,587,769 526,882 14 2018 1,587,769 487,854 15 2019 1,587,769 451,717 16 2020 1,587,769 418,256 17 2021 1,587,769 387,274 18 2022 1,587,769 358,587 19 2023 1,587,769 332,025 20 2024 1,587,769 307,431 21 2025 1,587,769 284,658 22 2026 1,587,769 263,572 23 2027 1,587,769 244,048 24 2028 1,587,769 225,971 25 2029 1,587,769 209,232 26 2030 1,587,769 193,733 $37,840,884 $12,909,354 . Prepared by: Sprirgsted Incorporated (4/25/2003) . Assumptions Report City of Stillwater, Minnesota Tax Increment Financing (Hazardous Substance) Subdistrict Scattered Site Housing Projects Scenario A - PID 28-030-20-140033 Type of Tax Increnent Financing District Maximum Duratio-. of TIF District Hazardous Substance Subdistrict 25 years from 1st increment Certification Reql est Date Decertification Date 06/01/03 12/01/30 (26 Years of Increment) Base Estimated ~ larket Value PID No. 28-030-2)-140033 Times: First $150,000 Excess 2002/2003 $0 1.50% 2.00% o o Original Net Tax Capacity $0 AssessmenVCollection Year . 200312004 200412005 2005/2006 200612007 Base Estimated Market Value 0 0 0 0 Increase in Estim:lted Market Value (1) 0 266,600 266,600 266,600 Total Estimated "'arket Value $0 $266,600 $266,600 $266,600 Times: Rrst $150,000 1.50% 0 2,250 2,250 2,250 Excess 2.00% 0 2,332 2,332 2,332 Total Net Tax Ca )acity $0 $4,582 $4,582 $4,582 local Tax Capacity Rate Fiscal Disparities Contribution From TIF District Administrative RE.tainage Percent (maximum = 10%) Pooling Percent 114.785% 0.0000% 10.00% 0.00% 200212003 Bonds Bonds Dated First Interest Dale Underwriters Discount 06/01/03 02101/04 1.50% Note (Pav-As-You-Go) Note Dated 06101/03 Note Rate 8.00% Present Value D<:lte & Rate 06101/03 8.00% . (1) Current value for HSS Subdistrict. Prepared by: Springsted Incorporated (printed on 4/25/2003 at 11 :36 AM) Stillwater TIF HSS (4-25-03)Assumptions 1:: o CD D: '0 .;:: Ui :0 .D ::J en CP oen~ C"'O tlSlUOO 00.!!.~ en .D 0 .... G,) ::J ... . ceno..~ ~ ;; ~O ""'OCijg ii-egtO iii~:I:N ::tlSCD9 =:I:~o.. ::: ......... U) U)gt'O~ OU~O :-.CCD-;:: ~~~~ O-OGJ U-eno 'E (f) CD E CD ... o .E x to .- - c CD E CD ... o c )( ~ '0 CD - o CD o .... 0. o 1-(") >:~iUf2 Cl. c a: 4:Q; z "if!. o f?q cn<O o m ~ ::l Q; C ~ 2 z ~ ~ 4: & x C m '" CIJ EI-Eo c m ~ 4:zE Q) en c. g> ffl. tI) E C 0 Q) u 'iU ~ (l) --l<{a;O a: U e: Ui~ocf!. to .ugro Q)~-5C? .J al II> ci 000 ai ~ ::lI- e: rJ) C ~ <{(5 c. Q) Ef'-. 2 o EO ;,; ;>;- ID~~~<o ~I-g.& U uUxc ~~aJo co::>I-~O{) (iuwas a:(3zu @#. ;,;ai 0 ~gg.g ...J u: 0-- 0 ci - x ;,; lU al tI) .!; I- CD~- --'o~ c o '" a. '" U x co lU oI- l- a; Z ~ (3 ~N '" U mU ::l 0 2 .~ 4:Cl. 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EXHIBIT C MAP OF ENLARGEMENT OF DEVELOPMENT DISTRICT NO.1 Cross hatched area proposed for addition October 17,2006 . . r~~' . ,]l ~~~ , t; ~ "'{ ~ ~~.- "- \~ -, --~-:[~~ ~7)P ~ '(1 ,! ~~J= I \,i v .,.7 C0 -~I ,- ~7 >-.. ::l II k:~ Mt;: I mJe I Uj9 !.' _ -' "~ ~ e-. ~ ~ hlj l' -~ ~ '" .iiA' .IIIN..,~m JIl .~ ~ -. ~ ~~~ ~ '\ [) ~~ . ~ -__"-: fico:: r~>)> -. .", . "'_'.C.; 1I .._,:; ,,_,', .-:,;};:~j fAIlCJ/.S I'J./)~D ocr/7 ~:ltnJ(, - JU ~ ,eft I"'; . ?t - ~~~ ~ ~ III \ u f- ~ L ~II~~ ,~\ ';Z~,1~.:) ~ ~::1 11: 1 ~ W \ijT.. ,." ~ I~ j _~_ r- ~n ~~., Developtnent District # 1 ..~ - ~;>-tiHE ~ ~&~R ~ ""T IT ~~ J- ~ .l"- ~~ ~ ~ ~ 9 - -- ~ \ ~ -1 =-~ ~ -I Tf/I llJ1llfi; -- _.J I - . Otv or ~~ter "- Engineering Department ~ ^/ District Boundary 0.1 0 0.1 MIles --- " . . :'::':. ~~.~ ".- .~~: /1:.:... :~;..;:~-:";:"'.~:.:' -.'. -:~,\--c'} ':',; :, ., ,': - :- ., . -' -~-. N ~4.:-.. I t'~'" l W-='!!L. ~E ~ " ""~y7 s . EXHIBIT D MAP OF ENLARGEMENT OF TIF DISTRICT NO. 10 Proposed for Enlargement October 17, 2006 . . ;;- <n ~ ::; o e- O ;t- O " e- OQ ~ " ~- ~ ~ '" '" 0 -d 0 ~ e- 8. ! ~ ~ <:[]D "OtTlZ ~ <S. o en ~ ~. ~ tXf ~ ~. ~ j g E:: ~ ;;' ~ ~. [ :1. en ~ * .., SO I Wi tv o o "'d:j ~~,- ttI EO" .:. :1 :1.' . ~ !l : 8~1 a: '" , ;:l , '" III _. 'tI g ~ ro ~ . EXHIBIT E FISCAL ANALYSIS FOR MODIFICATIONS PROPOSED FOR ADOPTION OCTOBER 17, 2006 . . Assumptions Report city of Stillwater, Minnesota Tax Increment Financing (Redevelopment) District No. 10 Modification to Include Mills on Main Project with EMV of $45M to Finance Parking Ramp Facility of approximately $6.0M Type of Tax Increment F'lI1anCing District Redevelopment Maximum Duration of T1F District 25 )'(D's from 1st increment Prqected Certification Request Date Decertification Date 06113/03 12131/29 (23 Years of Increment) Base Estimated Market Vaue 2002/2003 $3,282,800 Original Net Tax Capacity $34,376 200312004 200412005 Base EMV $3,282,800 $3,282,800 Increased EMV 0 0 Total EMV 3,282,800 3,282,800 Total Net Tax Capacity $34,376 $34,376 AssessmentlCollection Year 200512006 2!J06I2007 $3,282,800 $3,282,800 o 17,901,200 3,282,800 $34,376 21,184,000 $222,930 City of Stillwater Washington County ISO #834 Other Local Tax Capacity Rate 49.243% 24.770% 19.471% 3.932".4 97.416% 200512006 F'lScaJ Dispa;ties Contribution From T1F District Administrative RetaJnage Percent (maxirmm = 10%) Pooling Percent 0.0000% 10.00% 0.00% 200712008 $3,282,800 42.217.200 45,500,000 $484,250 GO T1F Bonds Bonds Dated Bond Issue @ 5. 13% (NIC) 8igIbIe Prcject Costs 06101107 $6,040,000 $5,897,264 TIF ~evenue B9JS!;l Bonds Dated Bond lssue@5.41%(NIC) E&gible Project Costs Present Value Date & Rate 06101107 6.00% Present Value Amount Notes ..constructioo Schedule: Using infamation from Washington Co. pa-ceI No. 28,030.20.01.30171 has ill assess 2OO6Ipay07 value d $21,184,000 - Tlis 8rIlOUlt equates 10 approcimateIy 47% d the IotaI value (including land value) expected 10 be created by the <f1S1rict, In! was created entirely In 2005. -Based on \his infcrmaIia1 the assumption was made !hat 47% d the development occurred in 2005, In!Ihat the remaining portion Wll be built in 2006. -The M<XJe/ shows fUI value being assessed in 2007, and the first year d fuI increment being cdJected In 2008. -District life is 25 yeer-s from the receipt d first Increment InfIatiOIlaI Y incane was received In 2004, and the clsbict wit coIect unltI2029. -Project Values were pravided by the City ard consisted ci $42,000,000 in residential value, with per unit ~ues of $500,000 a less. -The prqect also consited ci $3,000,000 in commercial value, with per unit values of greater lha1 $150,000. Creating a IotaI market value ci $45,000,000 -A 2.5% mar1<et value inflator was ~ 10 only the residential portion of the development. -Assumed no RscaJ DisparIty Contribution from District, based 00 T1F Plan fa District No. 10. The 2006 certified tax rate ls used to estimate the increment generated by the district, and assumes no change from \his rate. Prepared by: Springsted Incorporated (printed on 1011312006) 06101/07 $5,425,000 $4,715,993 $5,851,616 . . Stillwater Mills on Main & Parking update. 091306.xlsAssumptions . . . t o (l) n:: .... c: <>> E f u c: >< It! I- "0 G) .... (.) <>> e Q. ~ In O'"":!E ....~o ..... . OOco %>0 u:E~ "t;W.! '!Il..c~ --E Oj~ .:: Eu e g==a. =EO'o. 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I () i I ! ~ :g .~ J Cs"'g~ 1; "- ill I ~ o 0 0 0 0;; 't; !!:) 0- ~~ ':1). ,) ~ r:;;, f'".,J yo- ~ <0::' ("'.J fL.l ~ !D Q) Q) oc-- QO (0 l.() 0 Of, ~g~g~~~~2g~~~~~~~~~~~~~ l ~~~~~~~~~~~~~~~~~~~6~ci~ ~~~~~~~~~~~~g~~~~~~g~~$ ;r, >< (0 c ~ ,.... re o ~ l g> :;;; iii 0- ..e .~ ~ c ~ ;f 0;:: ..- c:> ~1 ~1 rffl I CCCON~mmmoro~""'~~""'N~N~""'~~~~NNO g8~~~~~~~~~N~~~g~~~~~og ~M~~~~mo~Nri~~~~oNm~~roo~ ~~~~v~vmmm~~~~~mw~~~~~~ 0 M en I c N <:0 N. ! ;:;; i 01 ,.... I c <0 .r. '<t ffi ... ~ i ~ f.') OCOO~~~~NN~~~M~~~NN~~O~NOO~O ~~~~~~~~~~~~g~~~~g~~~~~ ~~~~~~~~~~~~~~~~~~ci~~ci OCOONwO~~O~~~N~mm~O~MM~OO~~OOOC ~~g~~~~~~~~~~8*~~~g*~$g ~oo~mo~N~moo~~~~~~Mro~ci~Nm ~*~~~*~g~~~~~~~g~*~*mR~ ~I ii ~ I ~~~*~*~*~***~*~*~~*~**~~###~~ O~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~;~~~~~~~~~~~;;;~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~mmmmmmmmmmmmmmmmmmmmmmmmmm OOOO~~~OM~M~~~~O~N~~~mNmo~~oo ~~mm~mN~~m~~..-~'<trooro~Norom ~ro~~~m~~o~~m~~~~~~~~~N~ ~mo~N~~~ON~~N~O~O~r~~rro ~~~~*~g~~~~~~~~~S~~*R~~ 00000000000000000000000000000 :i' <: m ~ c;; ~~~~~~~m~~m~~~~~~~~~~~~~~~~oo ~~~~~~~~~~~~~~~~~~~~~~~~~~~ MMM~~~~~M~~MM~MM~~~~~~~OO~~M iiiii~~~iii~~~~~~~i~~~~~~ii - w (0 C @ M ~ .,... - c -g c 'C .s RRR~gg~~~g~~~~~~~~~~~~~~~~~oo ~~~mmN~~mMO~~OON~~~~~~m~~~o iii~~~i8~~~~i~g8~g~~ig~~~~~ N~~~~~~~~~~~~~m~~(O~~~~~ j I'll (; e- ~ 8~88~5gQ~~~~~~~~~~N~~~~~~~~gM --------~----~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~M~~~~~~~~~~~~~~~~~~ NNNNNNNNNN(:;]NNNNN"'NNNN<'lNNNNNNN ~-~~~~--~-~-----~~-~~~--~~~-~ "0 .s ~ ~ 'c a. (r, >. .c "2 ~ ~ ~ CI. Market Value Analysis Report City of Stillwater, Minnesota Tax Increment Financing (Redevelopment) District No. 10 Modification to Include Mills on Main Project with EMV of $45M to Finance Parking Ramp Facility of approximately $6.0M . Assumptions Present Value Date 06/13103 P.V. Rate - Gross T.I. 6.00% Increase in EMV With TIF District $71,099,429 Less: P.V of Gross Tax Increment 5,178,687 Subtotal $65,920,742 Less: Increase in EMV Without TIF 0 Difference $65,920,742 Annual Present Gross Tax Value @ Year Increment 6.00% 1 2005 0 0 2 2006 0 0 3 2007 183,682 142,972 4 2008 438,249 321,810 5 2009 448,600 310,765 6 2010 459,209 300,108 7 2011 470,083 289,825 8 2012 481,230 279,903 9 2013 492,655 270,329 10 2014 504,365 261,089 11 2015 516,369 252,173 12 2016 528,672 243,567 13 2017 541,283 235,261 14 2018 554,209 227,245 15 2019 567,459 219,507 16 2020 581,039 212,038 17 2021 594,960 204,829 18 2022 609,228 197,868 19 2023 623,853 191,150 20 2024 638,843 184,663 21 2025 654,209 178,400 22 2026 669,958 172,354 23 2027 686,101 166,516 24 2028 702,648 160,879 25 2029 719,608 155,436 26 2030 0 0 $12,666,512 $5,178,687 . Prepared by: Springsted Incorporated (10/1312006) . . . . t o CI a:: "" ~ ~ o :g f) .: :;, .., :E O~:E ........0 6o~ z> >. -:i- ~w~ J:l...1IiI .!!-;:e O'i')( ta~.we Oi~it lEe-ill g g-o. '0 iCii.5~ .~ 10= S"O:Eu III & &tf 1~1OQ. = ~= E O1':::i1O ....gClll:: OIll"O~ bc~.E OU:(j~ -clll coo. CI _ Q) ECl,) foc U:r:s III .53.5 ><5&&. ~"O.B o :i c >< III l- ~ Cl = o c: o - '1 oS "0 2 llil E -;: lI'I UJ <L: 1il N 15 19 ~ i . ;t.. 'i!~~0 ~ ':::-~li 15 ~ 0:: .~ !--, ~~E'-'z ':"1- "ii,E ~ -l:_ '" N ]~g~ 'S.~...:~ fc !-- .g ;;; i:5 IL i= ";2 <tl _c g ~ i. ~ ~ ~ -' ~j1ii~I!'i ~ :5~8Q: ~:;:;J~ f<C !- ~ p r:t :s ~ 15 'f=, ';; 5 ~~ -b ~~ ~ !"S - =-- o.'l _ ~ g~~:t: :.. ",-!a I- '" V Us >l 16 lZ ""~ <') ~z ~ ~~1- 0 ,.... ,... If) ~. 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E 3: .!e.-", :G '" ~ttJ.Q~1G 0 ,g Ei ~ x ~ ~:- ~ ~.~~ i o ~-:1ii '" ~ '1.-210<-0 ~_ != 8 -~ .:;, '3 'tl ~-:::,;;; ~ ~" ~~"i i~ 'i~ ~'tV 0 ~.i! .., x ~4>""~O ~s g..o ~ 0 ~ ,I.': 0; 0~~~'; ~~ .~ ~ '0 ~ ~ z c ~3c~; l~ z t ~ ~'5 aj ,,'-i:I!G ., l':~"oDft of/! :>-'l!l~u ;/ '0.. -E:!?, ~il: .~ !! ~"# ~ .. E '-i.8~'\'"~~ ~ 'i:-:=~li ~~ .E<:~NZ 'i~ ~~~E~ c~ ;r'u~~:::> li>c: -g.~a..~i ~.!1 .':>'0 i!!u C>.F ~'o;~i ~i> i?"<:~"O~ ;;;~ ~~-5:l2j g ~ ~Gl~~&: wE ~,f;~J .... 1: Ii> E S ~ N ~ E \It i l.O 0$; ~ :.3 'E t'l ;;: '~,.:!i !~ ":'l' ~-E -3 '5 €~ :5 ~ 'U"v 1'::-- ~ .~ 5 0.- .~ i ~~ .~ ~ -... '>. Si.. ~ }:::: ]8 5~ ~J! :( ~ ~.'F. '0 ~ ~- g..iII ~.~ ::::2 p."O -" '~5 g~ :: c:: >'~ -g; ?Hl ::( :5 x _ ~6 8 ~ <'i a -- '0 S l! 8- o ~ -..:;) ~ 51> -g, U) >. ., ~ ~ e- o.. ~.~ ~~ ...J ._ ~$' (.. i= :;::~N ",""'- vv~ ~I ~vvu L~.VV ,. J W~n ~~COill1'"\hT . ~ ~ '.........u. 7 Office of Administration James R. Schug County Administrator Molly F. O'Rourke Deputy Administrator October 17, 2006 David Magnuson Stillwater City Attorney Magnuson Law Firm The Desch Office Buildjng 333 North Main Street, Suite 102 Stillwater, MN 55802 Re: City of Stillwater's Proposed Modification of Tax Increment Financing (TIP) District No. 10 within Development District No.1' Dear Mr. Magnuson: . Thank: you for the opportunity to provide comments concerning .the modification of the above referenced TIP district. It appears that the district is being modi!fied to add parcels to develop a multilevel parking facility, which may have a retail or office component. The TIF budget is modified to add $8 million t<? pay for the proposed municipal owned parking facility. The TIP revenue plan increases the Tax Increment Revenue by $4 million and bond proc~ds by $4 million. Washington County submits the following comments on the proposal pursuant to Minnesota Statute 469.175, subd. 2: 1. The existing TIF district impacts the county as a taxing jurisdiction. In the original TIF plan, the analysis showed that if the development occurred as projected, without the use of TIF, the county would receive approximately $415,903 more county tax per year. Under the modification, the proposed development of the parking facility will not generd.te additional tax increment as it will be tax exempt. The modified plan utilizes updated market value assumptions for portions of the original pr<;>ject and the most reccnt local tax rates to estimate the fiscal impact on the local jurisdictions. The updated fiscal impact shows the county would receive an additional $182,417 in county tax per year if the projects were not included in the TlF district. Additionally, if the TIP budget was not modified to allow for the development of the parking facility, the county may have received its share of the $8 million if it was returned as excess increment to the County. . GovQmrnQnt Center · 14949 62nd Street North - P.O. Box 6, Stillwater, Minnesota 55082-0006 Phone: 651-430-6001 · Fax: 651-430-6017 · TTY: 651-430-8246 www.co.washington.mn.us . Equal Employment Opportunity I Affirmative Action I OCT-17-2006 14:U~ W Abt1 vr I ALJ1'11l'l OVJ. ~>JV UV.&.I I . David Magnuson October 17, 2006 Page 2 2. The plan proposes that the increased fiscal disparities contribution generatcd by the district be funded from outside the TIP district. This will have an adverse impact on the existing tax base and is in conflict with county policy. Washington County strongly recommends that the fiscal disparities contribution come from within the TIP district so that there is no impact outside the district. 3. Washington County's policy in commenting on TIF proposals states that the County "does not support the use of TIF districts for retail development that would have occurred within the County without TIP assistance:' Based on the information provided, it is difficult to ascertain whether or not this retail development would occur without the use of TIP. 4. Based on the information submitted, the county's Department of Transportation and Physical Development does not see any significant impact to the county's transportation system. We appreciate the opportunity to provide comments on the proposed district. We request that these comments be incorporated into the record at the public hearing on October 17, 2006. Sincerely, · J~hl4 County Administrator c Washington County Board of Commissioners Larry Hansen, City of Stillwater Administrator Jay Kimble, City of StiJIwater Mayor . TOTAL P.003 I; " .... . . . .~.\ ) , , 8!HTH~lA([ fir MiN}~rSOrA City Council DATE: October 11, 2006 CASE NO.: ZATj06-04 REQUEST: CR (Cottage Residential District) regulations related to driveway widths. CC DATE: October 17, 2006 REVIEWERS: Community Dev. Director, City Attorney PREPARED BY: Michel Pogge, City Planner 1h5P DISCUSSION On June 12, 2006 the Planning Commission reviewed a request by a property owner in the Legends development concerning the appearance of driveways in the development. The Legends development is in the CR (Cottage Residential District) zoning district. The CR regulations provide for a maximum driveway width of 12 feet at the front property line. The objective of this requirement is to limit the driveway 'mass' along the street; provide separation between driveways; and to maximize green space between driveways, especially due to the reduced minimum lot width of 50 feet. An unintended consequence of this requirement has been most property owners use the maximum drive width of 12 feet at the street without adding an approach at the end of the driveway. The end result has been the areas around the end of the drives are continually driven over leaving an undesirable appearance. Additionally, some property owners have added an approach to their driveway by installing rock, stone pavers, brick, or other material at the end of the driveway along the street. The proposed ordinance allows for an 18 foot wide drive at the back of curb that then tapers to 12 feet at the street right-of-way property line. The attached drawing shows a half plan perspective of a possible drive approach that meets this requirement. The proposed ordinance is in simple understandable language and provides maximum flexibility for each property owners to create an appropriate drive approach that works for their individual property. CR Driveway widths ZA T /06-04 Page 2 ACTION BY THE PLANNING COMMISSION The Planning Commission held public hearings on August 14 and September 11, 2006 on the proposed ordinance. The Commission recommended the Council approval of the attached ordinance on a vote of 8-0. ACTION BY THE CITY COUNCIL On October 2, 2006 the City Council held a public hearing on the proposed ordinance. At that meeting the Council considered and approved the first reading of the ordinance. STAFF RECOMMENDATION 1. Approve the second reading of the ordinance as proposed. ... . ;. . . . . ",. 1"4 . . . ORDINANCE NO.: 980 AN ORDINANCE AMENDING THE STILLWATER CODE, CHAPTER 31 ENTITLED ZONING ORDINANCE BY AMENDING SUBDIVISION 11.3 SUBSECTION 4 PARAGRAPH 9 RELATED TO DRIVEWAY WIDTH IN THE CR ZONING DISTRICT The City Council of the City of Stillwater does ordain: 1. Purpose. The City Council finds it necessary to regulate driveway widths in order to limit the driveway 'mass' along the street; provide separation between driveways; and add additional green space, especially due to the reduced minimum lot width requirement of 50 feet. 2. Amending. A. The Stillwater City Code, 31-1, subd. 11.3, subsection 4, paragraph 9 is stricken in its entirety and replaced with the following: 9. Driveway width maximum: 18 feet at the back of curb tapered to 12 feet at the street right-of-way line. 3. Saving. In all other ways, the Stillwater City Code shall remain in full force and effect. 4. Effective Date. This Ordinance shall be effective upon its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 17th day of October, 2006. By: Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk , . MEMORANDUM To: Mayor and City Council From: Shawn Sanders, ~ctor of Public Works Date: October 10, 2006 Re: South Fifth Street Sewer and Water Extension Project 2006-16 DISCUSSION . Last month, the City received a petition from three property owners on South Fifth Street between Olive Street and Pine Street to install sewer and water to their property. Two of these properties are vacant lots planned for new home construction, with no utilities available to connect to, and the third is an existing home with existing water service and a private septic system. The property owners have agreed to pay 100% of the costs associated with the project and has signed an agreement of assessment and waiver of irregularity and appeal (attached). Plans and specifications were prepared by the engineering department for the work and submitted to some area contractors for bids. We received three bids with the following quotes: Fuhr Trenching C. W. Houle Burschville Construction Inc. $49,846.20 $52,194.50 $54,565.00 RECOMMENDATION It is recommended that Council approve the South Fifth Street Sewer and Water Extension where a petition and waiver has been received from the property owners, approve the plans and specifications and enter into a small contract agreement with Fuhr Trenching. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2006- ORDERING IMPROVEMENT, ACCEPTING AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY OF APPEAL, APPROVE PLANS AND SPECIFICATIONS AND AWARD CONTRACT FOR SOUTH FIFTH STREET SEWER AND WATER EXTENSION (PROJECT 2006-16) . . ACCEPTING AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY OF APPEAL, APPROVING PLANS AND SPECIFICATIONS, . ORDERING IMPROVEMENT, AND AWARDING OF CONTRACT FOR SOUTH 5TH STREET SEWER & WATER EXTENSION PROJECT (PROJECT 2006-16). WHEREAS, an Agreement of Assessment and Waiver of Irregularity of Appeal has been signed by the property owner of Parcel No. 2803020430094,2803020430095 Mark D. Willis and Gregory C. Stokes; 2803020430004 Shelby J. McDowell; requesting the South 5th Street Sewer & Water Extension Project; and WHEREAS, the City Engineer has prepared and presented plans and specifications for South 5th Street Sewer & Water Extension Project for Council approval; and WHEREAS, quotations have been received for the construction of said improvement as follows: CONTRACTOR Fuhr Trenching C. W. Houle Burschville Construction. Inc. QUOTE $49,846.20 $52,194.50 $54,565.00 WHEREAS, it appears that Fuhr Trenching of Hugo, Minnesota has provided is the lowest responsible bidder. . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The Agreement of Assessment and Waiver of Irregularity of Appeal signed by the property owners requesting the South 5th Street Sewer & Water Extension Project is hereby accepted. 2. The plans and specifications presented by the City Engineer are hereby approved. 3. Such improvement is hereby ordered as proposed in the council resolution adopted the 17th day of October, 2006. 4. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Fuhr Trenching of Hugo, Minnesota, in the name ofthe City of Stillwater for the construction of according to the plans and specifications approved by the City Council and on file in the office of the City Engineer. Adopted by the Council this 17th day of October 2006. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . ',.--.,..\---'~' ~~ ""c) . a 20~':.- c:s;;~~\;'..'." ; ... ",' ,,'~\~:" WI ~ , , , ' \\ () \\\, ..~.\L ..\\ ~.\\.. '.\..6? " .', i \ \\ \: \, " '\<::.:"~;-' ,.:: ',:,,' 3: :, :> 'o>,f( , / w - \.. , ' - -I -... / "" II) 0 ,. A9~ \ Y \ \/~ \f~ ....\ <:) we ?J~{)./\'2/~0 (~;€sj;~: /,,~ ,< ;\\ 4 ". ./ j R22W R21W R20W Vicinity Map \"\ --,"'''...... ~.~ .~..-'" \...::-. "{,'. L ?t!i--'c.:~8':.::;":'=\:\/. ....-:--.~~ ../' ."~ tJJ ! Ciz1) ;'!j, ' ; . / / .4-<~'// , i ........... ..... /,'.\.,','>';i"G.VJ..'...'....'.... ..G,~.~'/""- ..~ \ ". ,_ ..' \A' ,., \' \\/"~n8 .' ,. ';'\C491 0....'..'... ..... .'. .... .....'...'.'.. ',/ .' )~,:, 0\,0 " (-. ,'~~,;;' \~tD) V1, ;;:'\" .."~. Local' 'A- ' ':. " . Ion Map \. ....... .-::c:c',?:' \ ':\; \. \, \ ' \ \~" j~'''\ w r'i)]I\ '!. ~\~vJ ~o~ (; . \ ~ ,J';,"t~"v"'\o"" C9..m ./ ...-..' .--' /j;, o S 100 cale in Feet \. " j ---.,~".". \./ )(.; \ \,\};,..'..;.....I "'1'" ..,.,.,..i ","r--"""." j .. \\ ~ \\ i ~drawlnglalhere5Vll ap~~=ofl.,.j~~lrIl1on The drewlngSh~ll$hin;toneo::ey ==~nt::';Srm~=6C::~~:;~ =,,:waShloglon:recieS {6S1)~75untySuFVB)'or'~Ofti<;", =1~~~onAS400jnr Mapprlnted,oh.Augusl31,2Q0601m11IiDn October 10,2006 . . August 10, 2006 City of Stillwater Engineering Department To Whom It May Concern: Greg Stokes and Mark Willis, owners of property described as follows are requesting that the City of Stillwater provide water and sewer services to these two properties. Lots 3 and 4, Block 2, Wilson's Addition. Prep~rty 1.0. Nos R2803020430094 and R2803020430095 Please let us know if there is anything else to be done to accomplish this task. 1bank . you. s:a'~ Mark Willis and Greg Stokes 651-303-8290 :' lv0tf~ ~ J1 ShL/~YVt~K7~ ~ ~6pvtht a.l 10<( j6 <ff4 sf ~ ~1U1U,S, ~ St. iJso . . . . . AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL THIS AGREEMENT, is made this day of September, 2006, between the City of Stillwater, Washington County, State of Minnesota (the "City") and Shelby J. McDowell, 408 South 5th Street, City of Stillwater, Washington County, State of Minnesota ("Owner"). In consideration of the action by the City, at the Owner's request, to reconstruct sanitary sewer services to the property of the Owner according to Exhibit A, and to assess 100% of the costs against the Owner according to Exhibit A, the Owner agrees that the costs are a fair apportionment of the actual costs and expense of installing the sewer and the Owner therefore agrees and requests that the City spread the costs associated with this improvement as a special assessment against her property over a period of ten (10) years. The Owner expressly waives objection to any irregularity with regard to the improvement assessments and any claim that the amount thereoflevied against Owner's property is excefsive and also waives all rights to appeal the assessment in the courts. '3 r4 tr-k, IN TESTIMONY WHEREOF, the Owner has set her hand this~ay of , 2006. CITY OF STILLWATER David Junker, Vice Mayor ATTEST: Diane F. Ward, Its City Clerk / ~H5Y J. AJf1( STATE OF MINNESOTA ) ) ss ) COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this _ day of 2006, by David Junker, Vice Mayor and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ;3~ay Of~ 2006, by Shelby J. McDowell, Owner. KA THERINE M. ROGNESS NOTARYPUBUC'~ESOTA My CoI'IImIssIOl'l Expires Jan. 31,2010 . . . . . . . AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL THIS AGREEMENT, is made this _ day of September, 2006, between the City of Stillwater, Washington County, State of Minnesota (the "City"); Mark D. Willis and Gregory C. Stokes, 315 West Olive Street, City of Stillwater, Washington County, State of Minnesota ("Owners"). In consideration of the action by the City, at the Owners' request, to reconstruct sanitary sewer and municipal water services to the property of the Owners described on Exhibit A, and to assess 100% of the costs against the Owners, according to Exhibit A, the Owners agree that the costs are a fair apportionment of the actual costs and expense of installing the water and sewer and the Owners therefore agree and request that the City spread the costs associated with this improvement as a special assessment against their property over a period often (10) years. Owners expressly waive objection to any irregularity with regard to the improvement assessments and any claim that the amount thereof levied against Owners' property is excessive and also waives all rights to appeal the assessment in the courts. 2006. IN TESTIMONY WHEREOF, Owners have set their hands this _ day of CITY OF STILLWATER David Junker, Vice Mayor ATTEST: Diane F. Ward, Its City Clerk q:;~ C, fv'V) STATE OF MINNESOTA ) ) ss ) . COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this _ day of 2006, by David Junker, Vice Mayor and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me thisJ-Cftaay ofL" --~~ 2006, by Mark D. Willis, Owner. ~' I SUSAN L O'BRIEN.MOORE NOTARY PUBLIC. MINNESOTA My CommIsSIon Expires Jan. 31. 2010 dv.~41 /0 ~df{)cmsL/ Notary Public STATE OF MINNESOTA ) . ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this$ay of ~ 2006, by Gregory C. Stokes, Owner. ~ SUSAN L O'BRlEN.MOORE . NOTARYPUBUC.MINNESOTA My CommIssion ExpIres Jan. 31, 2010 A~~ ~O~ '-~ Notary Public . EXHIBIT A . 1. Lot 3, Block 2, Wilson's Addition sewer 11,158.74 Pill #28-030-20-43-0094 water 13,185.00 $24,343.74 2. Lot 4, Block 2, Wilson's Addition sewer 11,158.74 Pill #28-030-20-43-0095 water 13,185.00 $24,343.74 . . . MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Public Works Director DATE: October 11, 2006 SUBJECT: 2006 Sidewalk Rehabilitation Project Amendment to the Assessment Roll DISCUSSION: The property owner at 620 Pine Street was included in the 2006 Sidewalk Rehabilitation Project but they ended up repairing their own sidewalk. They were included in the assessment roll for the project but now should be removed. . RECOMMENDATION: It is recommended that the assessment for the property at 620 Pine Street be removed from the adopted assessment roll for the 2006 Sidewalk Rehabilitation Project. ACTION REQUIRED: If Council concurs with the staff recommendation, they should pass a motion approving resolution 2006- RESOLUTION AMENDING THE ASSESSMENT ROLL FOR THE 2006 SIDEWALK REHABILITATION PROJECT (PROJECT 2006-05) FOR 620 PINE STREET. . RESOLUTION AMENDING THE ASSESSMENT ROLL FOR THE 2006 SIDEWALK REHABILITATION PROJECT (PROJECT 2006-05) FOR 620 PINE STREET . WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment 2006 Sidewalk Rehabilitation Project for the following properties; and 214 W Elm St; 921 N 5th St; 1004 N 5th St; 703 W Maple St; 920 N Everett St; 502 W Elm St; 422 W Elm St; 915 N Everett St; 919 N Everett St; 905 W Mulberry St; 210 N Greeley St; 202 N Greeley St; 817 W Mulberry St; 211 N Greeley St; 126 N Greeley St; 112 N Greeley St; 121 N Greeley St; 917 W Pine St; 824 S Greeley St; 1504 S Greeley St; 1410 S Greeley St; 1850 S Greeley St; 623 W Olive St; 304 S Holcombe St; 321 W Olive St; 303 W Olive St; 306 W Olive St; 724 N Martha St; 623 W Oak St; 413 Martha St; 620 W Pine St; 115 N 4th St; 3378 Heritage Ct; 302 S 6th St; 114 W Olive St; 1100 N 4th St; 610 W Wilkins St; 623 W Wilkins St; 1101 N 2nd St; 1024 N 1st St; 1112 W Myrtle St; 1202 W Myrtle St; 1216 W Myrtle St; 1222 W Myrtle St; 1306 W Myrtle St; 117 Birchwood Dr; 111 S Brick St; 1217 W Myrtle St; 1215 W Myrtle St; 1213 W Myrtle St; 1207 W Myrtle St; 1205 W Myrtle St; 109 S Center St; 1115 W Myrtle St; 102 S Sherburne St; 104 N Sherburne St; 1018 W Myrtle St; 1013 W Myrtle St; 919 W Churchill St; 911 W Churchill; 623 S 4th St; 628 S 3rd St; and 216 W Myrtle St., . WHEREAS, a public hearing was held on October 3, 2006 regarding said assessments; and WHEREAS, the Stillwater City Council adopted Resolution 2006-220, adopting the assessments for the 2006 Sidewalk Rehabilitation Project; and WHEREAS, the assessment roll contained a sidewalk assessment in the amount of$416.88, charged to the property located at 620 Pine Street, GEO 28.030.20.34.00078. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. That the assessment for sidewalk in the amount of $416.88 for property located at 620 Pine Street, GEO 28.030.20.34.00078 is hereby removed. 2. The clerk shall notify the City Finance Department and Washington County of the removal of said sidewalk assessment from the assessment roll. Adopted by the Stillwater City Council this 18th day of October 2006. Jay L. Kimble, Mayor ATTEST: . Diane F . Ward, City Clerk . . . MEMORANDUM To: Mayor and City Council 51><5 From: Shawn Sanders, Director of Public Works Date: October 12,2006 Re: Consideration of Stop Sign at 2nd and Nelson Street DISCUSSION: Since the opening of Teddy Bear Park this summer, staffhas received several comments regarding traffic volumes, traffic speed and the concern of pedestrian safety at the Second and Nelson Street intersection. Most patrons to Teddy Bear Park are parents with little children who park at the UBC parking lot and cross the street at this intersection to enter the park. Measures were taken to install crosswalks and pedestrian crossing signs at the intersection, but concerns for pedestrian safety still remain. One option that remains would be the installation of stop signs on Second Street on both north and south bound lanes, making it a four way stop at the intersection. This would allow for safer pedestrian traffic at the intersection. The City is also looking at installing a sidewalk immediately west of the entrance to the park, and on the east side of the street at the UBC parking lot. This would provide a designated location for crossing the street rather than in the middle of the intersection. ACTION REQUIRED Staff recommends that Council consider the option of installing stop signs on Second Street at Nelson Street to provide for pedestrian safety at this intersection. ..,. . . . . . CONSULTANT BACKGROUND I am a human resource practitioner with extensive public sector experience. Because I work exclusively with Minnesota jurisdictions, I know public sector jobs and understand the unique environment and challenges faced by cities in Minnesota. I have had the opportunity to assist many Minnesota cities with their pay equity compliance efforts. Professional Qualifications I have been working on a part-time basis as an independent contractor for the last ten years. I have worked extensively with cities throughout Minnesota in my previous capacity as Personnel Advisor for the League of Minnesota Cities and as joint owner of Minnesota Human Resource Consultants. I have over twelve years of full-time experience as the Human Resource Director for the City of Maplewood. Prior to working for the League of Minnesota Cities, I was the Classification and Compensation Manager for the City of St. Paul when pay equity was first required. I hold a Bachelor of Science degree from the University of Minnesota and am in the process of enrolling in the Graduate program in Human Resources and Industrial Relations in the Carlson School of Management at the University ofMN. SCOPE OF PROJECT It is my understanding that the City of Stillwater would like help with pay equity work to include entering the City's data into the State's Pay Equity Software, determining appropriate job evaluation points for newly created positions and determining whether all required tests are met. If all tests are not met, I will propose solutions to gain compliance. Chantell Knauss will provide the employee data and she will be my contact. I will prepare and submit the State Pay Equity report to the City for City Council approval based on December 31, 2006 data as required by State law. FEES AND EXPENSES Sheryl L. Le agrees to provide the requested services for an hourly rate of $90 per hour. Based on the scope of this project, there will be no expenses. The proposal can be modified at your request. Additional items that come up may be added by agreement of both parties; additional costs may apply. The City will be billed monthly for work performed and expenses incurred during the previous month. If you have any questions or desire changes to this proposal, please feel free to contact me at (651) 770-7216 or e-mail meat:sherrie1e@yahoo.com. I would be more than happy to discuss any aspect ofthe project with you. If you decide to accept my proposal, please print two copies of the signature page, sign both and return them to me for my signature. The terms contained herein for services described herein are accepted and the above constitutes a contract between Sheryl L. Le and the City of Stillwater. Sheryl L. Le City of Stillwater By By Sheryl L. Le Independent Contractor Mayor And City Administrator ~ . . . 4" , . . APPROVING PAY EQUITY ANALYSIS AND REPORTING AGREEMENT BE IT RESOLVED by the City Council of Stillwater, MN that the agreement for pay equity analysis and reporting between the City of Stillwater and Sherri L. Le Consultants, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Administrator to sign said agreement. Adopted by the Stillwater City Council this 17th day of October, 2006. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . . .' . 651 4391652 ph 651 430 2252 fx f~\ .. ~~ 12905 /lrCO! " 1;-" >J If i\; O/'t<7 'PO 80.f- .?<j?, , Stl!j W,,[ er, MN 55082,,0' ~ ~~ EQr1Zin . St. (fa :g and exploration on the ARCOLA MILLS September 27, 2006 Dear Friends of Arcola Mills, I am writing to update you on recent developments at Arcola Mills. You may be aware Jill Greenhalgh is no longer our Executive Director. This decision followed months of discussion within the Board and communication with Jill. The decision represents the majority view of the Board, acknowledging it was the right time to seek new leadership. We are grateful to Jill for her work. During her 7 years as Executive Director, she made many contributions. We thank her and wish her well in the future. Many new developments are underway at Arcola Mills. We are in the process of bringing in a new leadership team. We are at the final search stage for a new Executive Director. We've had a great response and hope to fill this position in October. We plan to hire our first Program Manager in the near future. We have an excellent candidate and our future programs will be enhanced. In June of this year, after competitive nomination, selection and review the Arcola Mills Board of Directors entered into a conserVation easement with Washington County and the state of Minnesota's Department of Natural Re- sources Metro Greenways program. This preserves 45 acres of Arcola Mill's land from ever being developed. Part of the easement is a state-driven Natural Resources Management Plan. This plan will form the basis of our future site conservation efforts to protect the land and this investment. With the proceeds, Arcola is completing its main facility. We are planning a Grand Opening for June 2007 and new programming then in History, Environment, the Arts and Retreat. We are hard at work on our McKnight Grant to create an exhibit "A Story of the St Croix". We are taking a fresh ap- proach and hope this will be a proud contribution to the long legacy of river stories that abound. It will be a part of our Grand Opening. Arcola Mills also is offering a published booklet of poetry entitled All Things Connected. The poetry was inspired by our site, was written and produced here, and will make a handsome keepsake or gift. The cost is $10.00 and all proceeds go to our organization. Finally we want to express our heartfelt gratitude for your continued interest and support of Arcola Mills. Events are curtailed this fall and winter as a result of our increased construction, but we maintain our regular business hours. Call and come for a visit or check out our new web site www.arcolamills.org. Sincerely, r2~ t:~~ Ann Routier, Chairperson Arcola Mills Board of Directors info@arcolamills.org www.arcolamllls.org \ . . . September 26, 2006 , f The Honorable Jay Kimble, Mayor City of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE: Project Closeout Summary Report: Territorial Place-- Grant # CCGP-02-0014-Z-FY02 Dear Mayor Kimble: On July 13, 2006, Brownfields & Community Assistance Staff Tom Carlson and I visited the City of Stillwater for the purpose of monitoring the above referenced contamination investigation grant. We met with Sharon Harrison, City Finance Director. We reviewed the grant management and financial management of the program. We also visited the Territorial Place Site. The City of Stillwater is to be congratulated on its efforts to implement this project in a conscientious manner. Our primary concern is to help the City meet the objectives set forth in this program and to ensure compliance with all applicable regulations so that the City derives full benefit from the grant. Attached please find our Project Closeout Summary Report. It contains no negative findings. We would like to thank Sharon Harrison for her assistance and cooperation. This project is now closed. If there are any questions, or if we can be of any further assistance, please call me at (651) 296-1149. ~~( Kristin Lukes, Interim Director Brownfields & Community Assistance Unit Enclosure cc: Sharon Harrison, City Finance Director Business and Community Development Department of Employment and Economic Development 1st National Bank Building · 332 Minnesota St., Suite E200 · Saint Paul, MN 55101-1351 · USA 651-297-1291. 800-657-3858. Fax 651-296-5287 · TTYfl'DD: 651-282-5909 · www.deed.state.mn.us An equal opportunity employer and service provider. , . PROJECT CLOSEOUT SUMMARY REPORT Grantee: City of Stillwater Grant Name: Territorial Place . Grant Number: CCGP-02-0014-Z-FY02 September 26, 2006 Prepared by: Tom Carlson Minnesota Department of Employment and Economic Development Brownfields and Community Assistance Unit 1st National Bank Building 332 Minnesota Street, Suite E200 St. Paul, MN 55101-1351 . . . . Background Territorial Place, located at 606 N. Main Street, Stillwater, MN, was the site of Minnesota's original Territorial Prison. The prison was in operation from 1853 to 1914 when a new prison was built nearby. Portions of the site continued to be used for prison industries throughout much of the twentieth century. Other portions were used on and off throughout the years for manufacturing and maintenance of construction equipment, trucks, busses, and various industrial vehicles. Most recently, the site was used as a warehouse and bus garage by the Stillwater School District. Many of the original prison buildings were lost to fire sometime in the 1920s or 1930s. One original prison building remained on the site until it too was destroyed by fire in 2002. Arsonists were blamed for both fires. Beginning sometime in the 1960s or '70s, there have been many attempts to redevelop this site. Attempts in the 1990s failed due to site contamination issues. A phase I environmental site investigation was performed in 1995. Samplings revealed petroleum and hazardous waste. At least three underground storage tanks (USTs) were identified. Two of those were removed sometime in the 1990s. Grant Application and Award In May 2002, the City of Stillwater (City) applied to DTED (now DEED) for a Contamination Investigation anti RAP Development Grant. The grant was awarded in the amount of $39,472. The grant agreement was executed July 17, 2002. At that time, the City owned this 10.33 acre site. Territorial Place, LLC intended to develop the site into a mixed-use village with 210 dwelling units, 340 underground parking stalls, 9,300 SF of commercial retail space and 27,000 SF of office space. The original budget for the grant was as follows: Activity Phase I Site Assessment Phase II Investigation Hydrological Investigation Subsurface Exploration Storage Tank Investigation Pre-Construction Surface Soil Inventory Amount $ 5,000 15,000 13,500 7,130 5,000 7,000 TOTAL $52.630 Grant Adiustments Three adjustments were made to the grant contract. All three were for budget changes. There will be one final adjustment to close this project. The final budget, reflecting the actual costs of the project, is outlined below: 1 Activity Phase I Site Assessment Phase II Investigation Amount $ 1,876.05 98,462.80 . TOTAL $100.338.85 Grant Payments In October 2002, the City submitted a $39,472 payment request for a Phase I Site Assessment, a Phase II Investigation and a Hydrological Investigation. On October 31, 2002, DEED disbursed the requested amount to the city. In February 2003, DEED staff visited the City to monitor this project. After a review of invoices and other documentation, it was discovered that the investigation that had taken place did not qualify for the Contamination Cleanup Grant Program, and thus the City was required to repay the amount received ($39,472). In June 2004, the City submitted a new payment request in the amount of $39,472 for a Phase I Site Assessment and a Phase II Investigation. The request was accompanied by documentation establishing that the new assessment and investigation qualified for the Contamination Cleanup Grant Program. DEED disbursed the full grant amount of $39,472 to the City on June 17,2004. Investigation, Cleanup and Redevelopment Activities . The environmental investigation of this site revealed that soil cleanup was necessary. A Response Action Plan was approved by the MPCA June 3, 2003. Cleanup of the site has since been completed and a Response Action Implementation Report, dated March 2004, was submitted to the MPCA. Construction on the site began in November 2004. As of the writing of this report, four condominium buildings have been completed, with the fifth and final building expected to be completed very soon. The development is a mix of housing, commercial and retail. Site Visit On July 13, 2006, Kristin Lukes and I visited the City to again monitor this project. Sharon Harrison, City Finance Director, assisted us with the monitoring. We found the City's files to be very well organized. The files, which were kept in Ms Harrison's office, were complete with the exception of the environmental reports and letters, which were held by the City's environmental consultant, Landmark Environmental, LLC. Copies of those reports and letters have been provided and are included in our files. We reviewed the accounting records provided to us by Ms. Harrison. The City's accounting methods for tracking project revenues and expenses are excellent. All revenues and expenses for all grants are accounted for in Fund 290, with each grant having a unique project code within the fund. This allows for accurate tracking of . 2 . financial information for any given grant. We were able to verify that all grant proceeds were used for eligible program costs and that the City had met its local match requirement (the local match requirement refers to the City's obligation to pay for at least 25% of the total project costs and to use unrestricted monies to pay for at least 12% of total cleanup costs). For this grant, the developer submitted all invoices to the City, including invoices from subcontractors. After reviewing the invoices, Ms. Harrison completed and submitted a payment request to DEED. Upon receipt of grant proceeds from DEED, payment was made to the developer. The payment was approved by the City Council and the check was signed by Ms. Harrison. Conclusion Overall this project was managed effectively and is ready to be closed. I would like to thank Sharon Harrison for her assistance and cooperation with this project. . . 3 . October 9,2006 The Honorable Jay Kimble, Mayor City of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE: Lofts of Stillwater-Grant # CCGP-02-0033-Z-FY03 Dear Mayor Kimble: On July 13, 2006, Brownfields & Community Assistance Staff Tom Carlson and I visited the City of Stillwater for the purpose of monitoring the above referenced contamination cleanup grant. We met with Sharon Harrison, City Finance Director. We reviewed the grant management, financial management and progress/status areas ofthe program. We also visited the Lofts of Stillwater Site. The City of Stillwater is to be congratulated on its efforts to implement this project in a conscientious manner. Our primary concern is to help the City meet the objectives set forth in this program and to ensure compliance with all applicable regulations so that the City derives full benefit from the grant. . We have no negative findings in the enclosed Monitoring Report. We would like to thank Sharon Harrison for her assistance and cooperation during our monitoring visit. Please note that Annual Progress Reports on this grant must be submitted by the City to DEED until final development is complete. At that time, the City will submit its Final Progress Report with all information on the project including actual job creation and tax base increase numbers. If there are any questions, or if we can be of any further assistance, please call me at (651) 296-1149 or Tom Carlson at (651) 297-1945. Sls~k,~(r Brownfields & Community Assistance Unit Enclosure'T- "..i. : <" ~ ~~"'. j , '"'-<' cc: Sharon Harrison, City Finance Director Business and Com;munityDevelopmeot Departm.ent of Employment and Economic Developmenf 1st National Bank Building · 332 Minnesota St., Suite E200 · Saint Paul, MN 55101.1351 . USA 651-297-1291 · 800-657.3858. Fax 651-296-5287. TTYrrDD: 651-282-5909 · www.deed.state.mn.us . An equal opportunity employer and service provider. . Monitoring Report For The Lofts of Stillwater Contamination Cleanup Project Grantee: City of Stillwater Grant Number: CCGP-02-0033-Z-FY03 October 9, 2006 . Prepared by Tom Carlson . Minnesota Department of Employment and Economic Development Brownfields and Community Assistance Unit 1st National Bank Building 332 Minnesota Street, Suite E200 St. Paul, MN 55101-1351 Introduction . On July 13, 2006, Kristin Lukes and Tom Carlson from the Minnesota Department of Employment and Economic Development (DEED) visited the City of Stillwater (City) for the purpose of monitoring the Lofts of Stillwater Contamination Cleanup Grant. Sharon Harrison, City Finance Director, assisted us with the monitoring. The following areas were examined during the monitoring visit: grant management, financial management and progress/status. Overall, the project has been administered conscientiously and effectively. The specific conclusions of the monitoring visit are discussed below. Back2round The Lofts of Stillwater Site is located at 501 North Main Street at the north end of downtown Stillwater. Prior to construction of the Lofts of Stillwater, this site had been used as a gasoline station, a foundry, a feed store, a tire storage facility, a co-op, a repair shop, a pizza shop and a wood carving shop. In November 2001, the City received an Investigation and Response Action Plan (RAP) Development Grant through DEED. That grant, which was closed out in December 2002, covered the investigation and RAP development for this site. The investigation revealed contaminated soils requiring cleanup. The City applied to DEED for a $600,000 Contamination Cleanup Grant on November 1, 2002. That Grant, awarded December 5, 2002, is the subject ofthis report. The grant agreement, executed January 7,2003, established the following budget: . Approved Proiect Costs Amount Construction Contingency Plan Site Health and Safety Plan Engineering Costs Analytical Services Excavation, Transportation and Disposal Construction of Passive Soil Venting Demolition of Concrete Slabs $ 2,500 1,200 79,180 36,875 619,000 168,240 25.000 TOTAL $931.995 DTED Grant Local Match $600,000 $331,995 The final budget numbers are shown in the Financial Management section of this report. There was one grant adjustment, which changed the status of the grant from "Awarded" to "Closed Pending Final Report." There will be one more adjustment to close this grant and adjust the budget to reflect the actual costs. . 2 # . . . Grant Mana2,ement During our monitoring visit, we review the City's grant files. We found those files to be very well organized. The majority of the grant paperwork, including the grant agreement, correspondence and financial records are kept in Ms. Harrison's office. All environmental reports and letters, including those submitted to or received from the Minnesota Pollution Control Agency (MPCA), are held by the City's environmental consultant, Wenck Associates, Inc. Copies of all grant related reports and letters are included in our files. Financial Mana2,ement The City submitted the following six payment requests to DEED together with copies of an invoices from vendors: Payment Request No. 1 Payment Request No.2 Payment Request No.3 Payment Request No.4 Payment Request No.5 Payment Request No.6 Total $ 31,493 315,564 69,550 96,284 28,430 58,679 $600.000 DEED disbursed the following six grant payments to the City: March 13, 2003 April 17, 2003 June 19,2003 November 26, 2003 March 11,2004 December 30, 2004 Total Final costs for the project were as follows: 3 $31,493 315,564 69,550 96,284 28,430 58,679 $600.000 ~ Grant City Funds City Funds . Approved Activity Funds Unrestricted Restricted Total Construction Contingency Plan $ 1,875 $ 300 $ 325 $ 2,500 Site Health and Safety Plan 900 144 156 1,200 Engineering Costs 77,935 14,897 13,509 106,341 Analytical Services 17,016 2,723 2,949 22,688 Exc., Trans. and Disposal 483,714 124,449 88,136 696,299 Demolition of Concrete Slabs 18,560 2,970 3,217 24,747 TOTAL $600,000 $145.483 $108.292 $853.775 The City's accounting methods for tracking project revenues and expenses are excellent. All revenues and expenses for all grants are accounted for in Fund 290, with each grant having a unique project code within the fund. This allows for accurate tracking of financial information for any given grant. We were able to verify that all grant proceeds were used for eligible program costs and that the City met its local match requirement (the local match requirement refers to the City's obligation to pay for at least 25% of the total project costs and to use unrestricted monies to pay for at least 12% oftotal cleanup costs). . For this grant, the developer submitted all invoices to the City, including invoices from subcontractors. After reviewing the invoices, Ms. Harrison completed and submitted a payment request to DEED. Upon receipt of grant proceeds from DEED, payment was made to the developer. The payment was approved by the City Council and the check was signed by Ms. Harrison. Grant Pro2ress/Status The City submitted both a RAP and a DRAP to the MPCA in March 2002. Both were approved and subsequently implemented. A RAP Implementation Report was submitted to the Voluntary Investigation and Cleanup (VIC) Unit of the MPCA. A Response Action Design Report was submitted to the Petroleum and Brownfields Unit. The VIC Unit issued a No Further Action Determination Letter on June 15,2005. The Petroleum and Brownfields Unit is awaiting the results of two indoor air sample tests as part of its review ofthe cleanup. Results are expected in March 2007. Redevelopment ofthe site, which commenced in July 2004, is currently 95% complete. The 109,500 ft2 building with 59 condominium units and 136 underground parking stalls is expected to be completed in January 2007. The City will provide information regarding job creation and tax base increase at that time. The developer for this site committed to financing affordable housing units on or off site which . represents at least 10% of the 59 housing units for this development. The City provided 4 . documentation that the developer had made a contribution to the City for affordable housing. . . Conclusion The City is to be commended for its administration of this grant. Cleanup ofthis site is complete. All grant files are complete. All grant monies have been expended. There are no negative findings or comments related to this grant. The City's only remaining obligation is the filing of the Final Report when development is complete. We wish to extend our appreciation to Sharon Harrison for her assistance and cooperation during the monitoring visit. 5 STILLWATER FU5L1C L15RARY 22) N. Fourth St. Stillwater MN 55082-+806 651.+79.1675 FAX 651.+)9.0012 . Board of Trustees Meeting Agenda Tuesday, October 10,2006, 7:00 P.M. 1. Call to Order & Introductions 2. Adoption of the Agenda 3. Communications and Public Commentary 4. Consent Calendar A. Adoption of Minutes+ B. Payment of Bills C. Monthly Activity Report * D. Other Activity Reports* E. Web Site Usage Report F. Director and Other Staff Reports * G. Financial Report ~ September 2006+ H. Policy Review ~ No policy this month A+ 1+ A 5. Building Expansion I I . I I I I A+ A* I D+ A+ A+ 6. Fundraising Campaign A. Campaign Events B. Report of Other Progress to Date C. Board Fundraising Targets & Pledges D. Library Foundation 7. Operational Policies: Board Work Groups A. Coffee Shop B. Meeting Room & Terrace Policies C. Gallery Policies 8. Board Vacancies 9. Sunrise Rotary New Year's Eve Party 10. 2007 Holiday Schedule 11. 2007 WCL Contract 12. Other 13. Adjournment If you are unable to attend this meeting, please leave a message for Ann (ext. 17) before 5 P.M. on Monday, October 9, 2006. A=Action Item I=Information Item D=Discussion Item += Document in Packet *= Document to be Distributed at Meeting #=Document Previously Distributed . . . . Agenda Item 4 A Stillwater Public Library 224 N. Third St. Stillwater MN 55082 Minutes of the Board of Trustees Meeting - September 19,2006 Present: Dick Huelsmann, Ruth Ranum, Brian Simonet, Andrea Tipple, Mary Weber Absent: Bill Hickey, Bill Fredell, ML Rice, Julia Sandstrom, Staff: Lynne Bertalmio 1. Call to Order Dick Huelsmann called the meeting to order at 7:05 P.M. 2. Adoption of the Agenda The agenda was adopted. 3. Communications and Public Commentary presented by Lynne Bertalmio. Suggestions from the public were 4. Consent Calendar bills. Ranum/Simonet The Consent Calendar was approved excluding the payment of Payment of Bills Approved subject to final review by Lynne Bertalmio and Huelsmann. 5. Building Expansion Board updated by Huelsmann, All major construction has been completed, except for punchlist and touch up. Securing the building has become a critical issue, which will likely require the architects and builders to devise a solution. 6. Fundraising Campaign The Sneak Preview Gala was held Saturday, September 9, with 240 people in attendance, including staff and volunteers. Net proceeds were approximately $15,000. The Board was advised that additional fundraising activities may be needed to cover some additional expenses over and above the budget set in December 2005. 7. Operational Policies: Work Groups Coffee Shop Two potential vendors are planning to submit proposals. Meeting Rooms and Terrace Policies Goal is to have policy set for November 1, 2006. Gallery The City Attorney is reviewing the proposed policy. 8. Board Vacancies The Board continues to encourage members to identify potential candidates. 9. Sunrise Rotary New Year's Eve Party The Rotary Club is still in discussion about continued sponsorship. Brian Simonet will contact Rotary to discuss. 10. The final 2006 Capital Budget Release was approved to be forwarded to the City Council. Approved Ranum/Tipple 11. Other The question was raised regarding the Library's responsibility to school groups when adequate supervision is not provided by the school. The Board recognizes the need to balance use by schools and by the rest of the community. The discussion is to be continued. Procedures for parking access cards will be established at a later date. The Board was reminded of Grand Opening Day, Saturday, October 7, 2006. 12. Adjournment The meeting was adjourned at 8:35 pm. . . . . . . STILLWATER TOWNSHIP October 12,2006 Chair: Hiniker Absent, Johnson Chair 6:00 PM NewsletterlW ebsite Meeting A2:enda: Adopt Minutes: Approve Minutes: Town Board Meeting September 282006 Treasurer: I. Report 2. Check and Claims 3. Status of Missing Check Attornev: 1. Planner: 1. Gohlicke Modification-Heating Plant Location 2. Metro Council Meeting Report 3. Compo Plan Cost Estimate En2:ineer: 1. Updated Maintenance Plan Budget Asphalt Roads People Portion: 1. Chief of Police Report Vandalism Otto Berg Park Clerk: 1. Committees: 1. Park Committee 2. Planning Commission Old Business: 1. New Business: 1. Adiourn: 10/1112006 Pat Bantli Summary of Proceedings Washington County Board of Commissioners October 3, 2006 . Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Dick Stafford, District 5. Absent none. Board Chair Pulkrabek presided. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Peterson: Reported on the Minnesota Association of Community Corrections Act Counties and urged Commissioners to attend next year's convention; and her Heart of the County fundraiser was a great success raising $5,500; Commissioner Kriesel: Reported that he will be attending a workshop with the Stillwater City Council and a neighborhood meeting to discuss Manning Avenue; Commissioner Hegberg: Reported that he attended a meeting with SheriffPott and Minnesota Department of Transportation in Marine to discuss issues on speeding and loud mufflers along Highway 95; The City of Marine is considering increasing their contract with the Sheriff for increased patrol; Commissioner Stafford: Reported that he will be attending a civic club presentation on open space referendum; and Asked that staff research available resources from the federal government and advise Washington County residents facing foreclosure proceedings of those resources; Commissioner Pulkrabek: Asked that the Board discuss sending out an informational brochure . on the open space referendum to citizens in Washington County at next week's Board meeting. Community Corrections Approval to accept a $5,000 donation from the Target Corporation toward the Washington County School-Based Chemical Health Initiative. County Attornev Approval to accept a grant from the Minnesota Department of Public Safety Office of Justice Programs for emergency expenses incurred by crime victims that are a direct result of a crime. General Administration Approval of the following actions: September 19 and 26, 2006 Board meeting minutes; Designate the 2006 Association of Minnesota Counties Official delegate list; County comments on the City of Cottage Grove's proposed modifications of the Development Program for Development District No.1 and Tax Increment Financing District No. 1-12; Travel Policy for Elected Officials including airline travel credit; Reminder to Board of a number of evening meetings with the first being October 30 at the Prom Center in Oakdale for the League of Local Governments with the program featuring Chaplain . Major John J. Morris who will talk about reintegration of Iraqi war veterans; . Board correspondence was received and placed on file. Workshop held to discuss the draft 2007-2011 Capital Improvement Plan. . . . Human Resources Approval ofthe following actions: Amend and reinstate the Flexible Benefits Plan effective January 1,2007; Executive session held to discuss negotiation strategy for 2007. Property Records and Taxpaver Services Approval of the following actions: Resolution No. 2006-136, classification and sale or conveyance of two parcels located in St. Paul Park; Resolution No. 2006-137, subdivision of Parcels 13.027.22.21.0002 and 13.027.22.21.0005 located in St. Paul Park. Public Health and Environment Approval of the following actions: Establish the 2007 Fee Schedules for Hazardous Waste Generators, Solid Waste Facilities, Individual Sewage Treatment Systems (ISTS), Food/Beverage/Lodging Program, Public Pools, Manufactured Home ParksIRecreational Camping ArealY outh Camps, Private Well Water Testing, Tobacco Licensing and Mn VFC vaccine program; Resolution No. 2006-132, identification of market price for purposes of the Solid Waste Management Tax at $28.32 per ton; Resolution No. 2006-133, certification of unpaid County Environmental Charges. Transportation and Phvsical Development Approval of the following actions: Metropolitan Council Grant Agreement No. SG-2006-137, for reimbursement of the construction ofthe contact station at St. Croix Bluffs Regional Park in the amount of$242,000; Agreement with the City of Forest Lake for street and utility improvements and maintenance responsibilities for the North Service Center and Library; Public hearing set for November 7,2006 to consider an appeal by John Lindell ofthe Planning Advisory Commission's decision for a renewal of a Mining Conditional Use Permit to Tilller corporation; Resolution No. 2006-134, request to authorize the Commissioner of Transportation to perform a speed study in the City of Woodbury, CSAH 13 between CSAH 10 and Afton Road; Resolution No. 2006-135, request to authorize the Commissioner of Transportation to perform a speed study in the City of Cottage Grove, CSAH 22 between CSAH 39 and CSAH 13. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. 10/11/2006 WASHINGTON COUNTY BOARD OF COMMISSIONERS . Preview of Coming Attractions OCTOBER 17 Employee Recoqnition Event - Lake Elmo Inn. 8:00 a.m. to 9:45 The County Board will recognize employees with 20, 25, 30 and 35 years of service at the Lake Elmo Inn. The Board meeting will convene at 10:15 a.m. Aqenda - Status Report on the Land Protection Fundinq Referendum Workshop - Metro Enerqy Task Force Activities The County Board will conduct a workshop with staff from the department of Public Health and Environment to receive updates on the activities of the Metro Energy Task Force of which Washington County is a member. Topics to be included are cost and reliability of energy, nuclear power, fuel cell technology and other issues. . OCTOBER 24 Aqenda - Child Care Provider Week Workshop - Minnesota Senior Health Options Update OCTOBER/NOVEMBER Workshop - Metro Transit Survey on Train and Bus Ridership OCTOBER 30 Leaque of Local Governments - Prom Center (5:30 to 9:00) . Chaplain Major John J. Morris, Minnesota National Guard, will speak on "Beyond the yellow Ribbon - Warrior to Citizen-Soldier". . . . NOVEMBER 7 Public HearinQ - Appeal by John Lindell of the Planninq Advisory Commission's Decision The County Board will hold a public hearing to hear an appeal by John Lindell of the Planning Advisory Commission's decision for a renewal of a mining conditional use permit for Tiller Corporation. NOVEMBER 14 Aqenda - Set Public Hearinq for 5-year CIP. Issue Public Hearing Notice for Adoption of 5- year CIP. NOVEMBER 29 Annual Retreat with Department Heads and Commissioners Discussion will be held on 2007 Goals and the Work Plan NOVEMBER 30 7:00 p.m. Workshop - Economic Development StrateQV The Board will hold an evening workshop with cities to discuss a proposal for a strategy for an Economic Development strategy for the county and cities DECEMBER 5 NO COUNTY BOARD MEETING - Association of Minnesota Counties Conference - Rochester. MN (December 3-6) DECEMBER 7 Aqenda - Truth-in-Taxation meeting at 7:00 p.m. (Date set by statute - hearinq can be continued to December 19) DECEMBER 12 Aqenda - Adoption of 2007 budqet . Aqenda - Set 2007 Salaries for Commissioners. County Attorney. Sheriff & County Administrator DECEMBER 19 Aqenda - Hold public hearinq to review comment on and to adopt the 5-year CIP. 12:00 - Bon Voyage Lunch with Commissioner Stafford - Bavarian Gasthaus FUTURE Workshop - Meetinq with Metropolitan Council The County Board will meet with the Chairman and Executive Director of the Met Council to . discuss issues of mutual interest and concern. Aqenda/Workshop (?) - Minnesota Comprehensive Safety Plan BID OPENINGS M:\USERS\ADM\PRRADDA\WP\AGENDA\Workshops\Preview.doc . Washington ~ ::County ,. -" Dennis C. Hegberg District 1 Bill Pulkrabek, Chair District 2 Gary Kriesel, Vice Chair Dislricl3 Myra Peterson District 4 BOARD AGENDA R.H. Stafford Districl5 ***PLEASE NOTE CHANGE IN TIME*** OCTOBER 17, 2006 -10:15 A.M. 1. 10:15 2. 10:15 10:20 4. 10:20 5. 10:45 6. 11:05 7. 8. 11 :20 to 11:40 9. 11:40 10. 11:45 to 12:25 Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you' to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. Consent Calendar Transportation and Physical Development ~ A. Amendments to Service Center Construction Manager Contracts - Don Theisen, Director B. Towards Zero Deaths Initiative and the MN Comprehensive Highway Safety Plan - Ted Schoenecker, Transportation Engineer General Administration - Jim Schug, County Administrator Informational Mailing - Ballot Referendum on Land Conservation Funding Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. Board Correspondence Executive (Closed) Session with Transportation and Physical Development Discuss Commissioner Award for CSAH 8 - Wagner Greenhouse, LLP Adjourn Board Workshop with Public Health and Environment Metro Energy Task Force Activities ***MEETING NOTICES LISTED ON BACK*** WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * OCTOBER 17, 2006 . The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval ofthe October 3 and 10, 2006 Board meeting minutes. B. Approval of county comments on the City of Stillwater's proposed modification of Tax Increment Financing District No. 10 within Development District No.1. Library C. Approval to accept donations from Target (Woodbury) and Friends of the Lake Elmo Library in the amount of $1 ,500 each. Public Health & Environment D. Approval and execution by Board Chair and Administrator of recycling grant agreement with the City of Oakdale for distribution of recycling funds. Transportation and Physical Development E. Approval of resolution awarding the bid for the lease of agricultural land within county parks for 2007 to Terry Herman (Big Marine Regional Park and Lake Elmo Park Reserve) and Gillis Farms, Inc. (St. Croix Bluffs Regional Park). . F. Approval to award design services for the phase I development of Big Marine Park Reserve to SRF Consulting Group, inc. in the amount of $267,039 selected consultant, conditioned upon the execution of a contract as approved by law. G. Approval of resolution amending Contract No. 3718 with SEH to include additional services in the amount of $38,945 for the final design of Manning avenue from Highway 36 to CSAH 12. H. Approval of resolution, support the submittal of a Cooperative Agreement Application for the TH 61 and West Broadway Avenue (CSAH 2) roundabout in Forest Lake to the Minnesota Department of Transportation. * Consent Calendar items are generally defmed as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. ************************************************************************ REMINDER: NO BOARD MEETING ON OCTOBER 31 - FIFTH TUESDAY MEETING NOTICES Time Committee . Date Location October 17 October 18 October 18 HRA Board Meeting Plat Commission Metro Transportation Advisory Board 3:30 p.m. 9:30 a.m. 1 :30 p.m. 1584 Hadley Avenue North - Oakdale Washington County Government Center 390 Robert Street North - St. Paul WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * OCTOBER 10, 2006 'e following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval to reappoint David Borash, West Lakeland Township, to the Valley Branch Watershed District Board of Managers to a three-year term expiring November 13,2009. Community Corrections B. Approval for the early hire of a Sentence to Service Crew Leader position in the Community Corrections Department. Community Services C. Approval of agreement with the American Red Cross Twin Cities Area Chapter for transportation services for persons using waivered servIces. County Attorney D. Approval for the County Attorney's Office for an early hire of a VictimfWitness Assistant Coordinator position. Financial Services E. Approval to enter into a contract with Larson, Allen & Weishair Co. LLP to be the Independent Auditors for the County for the fiscal years 2006-2008. . Transportation and Physical Development F. Approval and execution of Metropolitan Council Grant Agreement No. SG-2006-121 in the amount of $280,000 for the reimbursement of acquisition costs at Big Marine Park Reserve. G. Approval and execution of Metropolitan Council Grant Agreement No. SG-2006-143 in the amount of $20,953 for the partial reimbursement of acquisition costs at Big Marine Park Reserve. H. Approval of resolution, request funding from the Minnesota Department of Transportation through the Municipal Agreement Program for a signalization project at CSAH 18 and 8th Street North in Lakeland, Minnesota. . * Consent Calendar items are generally defmed as items of routine business, not requiring discussion, and approved in one vote. Cormnissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. 1. 9:00 2. 9:00 3. 9:10 9:10 4. 5. 9:20 6. 9:25 7. 9:35 8. 9:55 9. Washington :r- ~County ~ ..J Dennis C. Hegberg District 1 Bill Pulkrabek, Chair District 2 Gary Kriesel, Vice Chair District 3 '. Myra Peterson District 4 BOARD AGENDA OCTOBER 10, 2006 - 9:00 A.M. RH. Stafford District 5 Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes_ The Board Chair reserves the right to limit an individuals presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items Consent Calendar Minnesota State Senate - Senator Brian LeClair Resolution 210 Honoring County Commissioner Dick Stafford Property Records and Taxpayer Services - Kevin Corbid, Director Classification of21 Tax-Forfeited Parcels as Non-Conservation Public Health and Environment - Lowell Johnson, Director & Transportation and Physical Development - Don Theisen, Director Comments on Draft Scoping EA W for the Xcel Energy Ash Landfill Project General Administration - Jim Schug, County Administrator A. Distinguished Budget Presentation Award for 2006 B. Informational Mailing - Ballot Referendum on Land Conservation Funding Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. . Board Correspondence Adjourn 11. 10: 15 to 11 :30 - 2007 Budget Workshop - Water Conservation District and Watershed Districts Review - Housing and Redevelopment Authority 10. 10:10 12. 11 :30 to 12:00 - Workshop with Transportation and Physical Development Preliminary Architectural Design for the Transit Center and Trailhead in Forest Lake * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REMINDER: NO BOARD MEETING ON OCTOBER 31 - FIFTH TUESDAY MEETING NOTICES Time 10:30 a.m. 12:00 p.m. 2:00 p.m. 7:30 a.m. Date October 11 October 11 October 11 October 12 Committee Metro Emergency Services Board MELSA MICA Board Connnunity Services Advisory Location . 2099 University Avenue West - St. Paul 1619 Dayton Avenue - St. Paul 161 St. Anthony Avenue - St. Paul Washington County Government Center