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HomeMy WebLinkAbout1997-12-16 CC PacketREVISED AGENDA ** CITY OF STILLWATER CITY COUNCIL MEETING NO. 97 -31 Council Chambers, 216 North Fourth Street December 16, 1997 REGULAR MEETING CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - December 2, 1997, Regular and Recessed Meetings PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 7 :00 P.M. 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. CONSENT AGENDA* 1. Resolution 97 -287: Directing Payment of Bills 2. Resolution 97 -288: Permanent employment of Rose Holman as Secretary 3. Resolution 97 -289: Renew Towing License for 1998 - Stillwater Towing 4. Resolution 97 -290: Employment of warming house attendants 5. Resolution 97 -291: Designation of depositories for 1998 6. Resolution 97 -292: Approving contract with Chuck Bailey Construction for installation of picnic shelters at Lily Lake Beach picnic area 7. Contractors Licenses: Jim Greeley Signs and Awnings, Richland Center, WI; Beaver Plumbing Co., Inc., Cedar, MN; Kellison Company, Oakdale, MN; Jim Weber General Contracting, Inc., Stillwater; and Bayside Neon, Inc., Stillwater. 8. Resolution 97 -293: Relating to reimbursement bond regulations under IRS code 9. Maintenance agreement with IKON Office Solutions for photocopiers STAFF REPORTS 1. Finance Director 2. Police Chief at 3. Public Works Director 4. Community Dev. Director 5. Parks & Recreation 6. City Engineer 7. Consulting Engineer 8. City Clerk UNFINISHED BUSINESS 1. Awarding bid for sale of $4,610,000 General Obligation Sports (Resolution) 2. Adopting final tax levy for 1998 (Resolution) 3. Adopting final budget for 1998 (Resolution) 4. Annexation Area Storm Sewer Feasibility Report 9. Fire Chief 10. Building Official 11. City Attorney 12. City Coordinator Center Bonds, Series 1998A. .a� City Council Meeting 97 -31 December 16, 1997 5. Development Agreements for trunk sewer and water, The Legends of Stillwater and Liberty of Long Lake 6. Request by Mainstreet Development for Tax Increment Financing Assistance for new Grocery Store Office building at North Main Street (old Maple Island Plant). 7. Report on revised Market Place design guidelines (signs). 8. St. Croix Valley Recreation Center (sports complex): a) Approving construction manager contract (Resolution) b) Award of bids for mechanical and electrical work (Resolution) c) Update on construction progress 9. Report: Sale of City owned land in Business Park to Lakeview Hospital. 10. Receipt of Rivard Property appraisal and direction for offer to purchase. 11. Review and approval of Request for Proposal for Aiple Property Master Plan Development. NEW BUSINESS 1. Request for extension of use of leased (Aiple) property 2. Legal newspaper for 1998 (Resolution) 3. Adopting Flex Benefit Plan changes (Resolution) 4. City Participation in Stillwater Township Road Maintenance 5. Report: Olive Street Dump Site 6. Request for time extension on 1997 expenditures - Engineering 7. Approval of contract for computer services to develop ArcView GIS pilot project 8. Authorizing execution of Agreement and Certificate of Incumbency - Mighty Ducks Grant (Resolution) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT Possible adjournment to Executive Session to discuss labor relations negotiations * 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. ** Items in italics are additions to the agenda • CITY OF STILLWATER CITY COUNCIL MEETING NO. 97 -30 December 2, 1997 • REGULAR MEETING 4:30 P.M. • The meeting was called to order by Mayor Kimble at 4:41 p.m. Present: Councilmembers Bealka, Zoller and Mayor Kimble Absent: Councilmembers Cummings (arrived 4:45) and Thole Also present: City Coordinator Kriesel City Attorney Magnuson Community Development Director Russell Finance Director Deblon City Engineer Eckles Police Chief Beberg Acting Fire Chief Barthol Administrative Secretary Holman Press: Julie Kink, Courier Mike Marsnik, Stillwater Gazette STAFF REPORTS 1. Police Chief Beberg reported that the Police Department has enough funds in the forfeiture account to purchase handguns. This is being done in order to standardize handguns for the officers. The Department will be purchasing 25 hand guns, ammunition magazines, holsters and double magazine carriers. The City will be selling 20 handguns and 3 shotguns on consignment. Chief Beberg explained that 3 of these guns were purchased with forfeiture funds and 3 were confiscated; therefore, he requested that the proceeds of 6 of the handguns go back into the forfeiture account. Proceeds from the other 14 handguns and 3 shotguns will go into the general fund. Motion by Councilmember Bealka, seconded by Councilmember Zoller approving the purchase of handguns and related equipment and the sale of old handguns with the proceeds allocated as requested. All in favor. 2. Community Development Director Russell explained that Phase I expansion area development plans have been submitted and are being reviewed for the Planning Commission/Joint Board meeting. He is requesting authority to retain Bonestroo, Rosene and Anderlik to assist with AUAR mitigation plan review and Roger Tomten, Tomten Environmental Design, to assist with project design review. Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt Resolution 97- 283 approving contract for services Bonestroo, Rosene, Anderlik and Associates, Inc. for AUAR mitigation plan review for Phase I expansion area. All in favor. Ayes: Councilmembers Zoller, Cummings, Bealka and Mayor Kimble Nays: None Absent: Councilmember Thole City Council Meeting No. 97 -30 December 2, 1997 Motion by Councilmember Cummings, seconded by Councilmember Zoller to adopt Resolution 97- 284 approving proposal for service of Roger Tomten, Tomten Environmental Design, for project design review services for expansion area development plans. Ayes: Councilmembers Zoller, Cummings, Bealka and Mayor Kimble Nays: None Absent: Councilmember Thole 3. City Attorney Magnuson reported that the Metropolitan Council has requested City support for inclusion of the interstate bridge project in the 1998 -2000 Metropolitan Transportation Improvement Plan that is being challenged in the Court of Appeals by the Minnesota Center for Environmental Advocacy. The request is for the City to file an Amicus Curiae Brief in the Court of Appeals. Motion by Councilmember Zoller, seconded by Councilmember Cummings approving request from Metropolitan Council for support of inclusion of the Interstate Bridge project in the 1998 -2000 Metropolitan Transportation Improvement Plan and directing City Attorney Magnuson to file an Amicus Curiae Brief in the Court of Appeals stating the City's position. All in favor. City Attorney Magnuson also requested that the City Council approve an Agreement between the City of Stillwater and Colonial Craft to free the land and clear the title for sale. • Motion by Councilmember Zoller, seconded by Councilmember Cummings to adopt Resolution 97- io 286 approving Agreement to terminate a development agreement between the City of Stillwater and Colonial Craft. Ayes: Councilmembers Zoller, Cummings, Bealka and Mayor Kimble Nays: None Absent: Councilmember Thole 4. City Coordinator Kriesel reported that he had been contacted by a resident whose property is in the annexation area who expressed concern with the provision in the Orderly Annexation Agreement regarding the rural tax rate adjustment. The resident understood that his tax rate would be 50% of the urban or city rate. However, his tax rate was actually about 75% of the urban rate. City Coordinator Kriesel informed Council that this provision, by state law, can only apply to the general tax levy and not to the debt levy and that the tax rate is actually higher than it was understood to be. City Coordinator Kriesel also noted that Jim Grothaus completed his internship with the Engineering Department. Motion by Councilmember Bealka, seconded by Councilmember Zoller to adopt Resolution 97 -285 commending Jim Grothaus for his dedicated service to the City of Stillwater during his 1 ' year internship with the Engineering Department. Ayes: Councilmembers Zoller, Cummings, Bealka and Mayor Kimble Nays: None Absent: Councilmember Thole 2 i • • City Council Meeting No. 97 -30 December 2, 1997 Motion by Councilmember Bealka, seconded by Councilmember Zoller to recess at 5:12 p.m. All in favor. Attest: City Clerk CITY OF STILLWATER CITY COUNCIL MEETING NO. 97 -30 December 2, 1997 Mayor RECESSED MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble at 7:13 p.m. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Also Present: City Coordinator Kriesel City Attorney Magnuson City Engineer Eckles Finance Director Deblon Administration Secretary Holman Press: Julie Kink, Courier Mike Marsnik, Stillwater Gazette APPROVAL OF MINUTES Motion by Councilmember Cummings, seconded by Councilmember Thole to approve minutes of November 18, 1997, Regular Meeting. All in favor. OPEN FORUM John Heilman informed the Council that there is a lot of speeding on Owens and McKusick Lake Road and requested that something be done to prevent this from happening in the future. Mayor Kimble informed him that those are county roads with a speed limit of 30 mph and that he should also contact the Washington County Sheriffs Department. However, Mayor Kimble will advise the Stillwater Police Department of the problem. • CONSENT AGENDA* Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the consent agenda. 3 City Council Meeting No. 97 -30 December 2, 1997 Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. 1. Resolution 97 -275: Directing Payment of Bills 2. Contractor Licenses: Fire & Safety II, Inc., (New) 3. Resolution 97 -276: Gambling Premises Permit Renewal - Climb Inc., at Harbor Bar 4. Resolution 97 -277: Approving amendment to Flood Hazard Mitigation Grant Agreement. PUBLIC HEARINGS 1. This is the day and time for the Truth in Taxation public hearing. Notice of the hearing was placed in the Stillwater Gazette on November 26, 1997. Finance Director Deblon explained the tax levy process and how monies are spent. The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. (No action necessary at this time) UNFINISHED BUSINESS 1. Received Report -Trunk sewer and water feasibility study for expansion area, Project 9626A. City Engineer Eckles summarized the project report, and Dick Moore gave a presentation on the sanitary sewer trunk and water main trunk. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 97 -278 receiving report on sanitary sewer and watermain trunk improvements to serve Phase I annexation area. (Project 9726A). Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. Recess at 8:29 p.m. 2. Renewal of tobacco licenses for 1998. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 97 -279 renewing tobacco licenses for 1998. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. NEW BUSINESS 1. Request for Feasibility Report for Washington Avenue median cut. City Engineer Eckles reported a petition had been received from Iver Kammerud and Gale 4 • • 1 • • City Council Meeting No. 97 -30 December 2, 1997 Running, representatives of the owners of the property on the west side of Washington Avenue between Highway 36 and Tower Drive requesting modifications to the center median and turn lanes that would allow additional access to these properties. Staff recommended the preparation of the report be ordered, subject to receiving an escrow of $2,500 and verifying the proper format of the petition. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 97- 280 declaring adequacy of petition and ordering preparation of report for median reconstruction to serve Lot 2, Block 1 and Lot 8, Block 2 Stillwater Industrial Park, Project 9804, subject to receiving an escrow of $2,500 and verifying the proper format of the petition. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. 2. Consideration of option to Local Board of Review process. City Coordinator Kriesel reported a letter had been received from the Washington County Assessor's Office informing the City of new legislation which gives cities that contract with the County for assessing services the option of transferring the City's Board of Review duties to the County. This option was passed to address problems which existed around the State concerning board of review lacking a quorum or not performing as the law describes. The transfer of duties may be permanent or for a specified number of years, but cannot be for less than three years. The County requested the City respond in writing. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 97 -282 approving the transfer of the City's Board of Review duties to Washington County for a period of three years. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. COMMUNICATIONS /REOUESTS 1. City of Stillwater Chamber of Commerce - Request to place luminaries on South Main Street steps. Motion by Councilmember Thole, seconded by Councilmember Bealka adopting request of the City of Stillwater Chamber of Commerce to place luminaries on South Main Street steps on December 20, 1997. All in favor. 2. League of Minnesota Cities - Request for resolution supporting Minnesota Department of Health study of mobile home parks. • Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Resolution 97 -281 supporting the Minnesota Department of Health study of mobile home parks. 5 City Council Meeting No. 97 -30 December 2, 1997 Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. 3. City of Stillwater Chamber of Commerce - Request for use of three parking spaces in parking lot for dog cart rides, Saturday, Dec. 20. This item was referred to Community Development Director Steve Russell. ADJOURNMENT Motion by Councilmember Bealka, seconded by Councilmember Thole to adjorn the meeting at 9:02 p.m. All in favor. Attest: City Clerk Mayor Resolution 97 -275 Directing Payment of Bills. Resolution 97 -276 gambling Premises Permit Renewal - Climb Inc., at Harbor Bar. Resolution 97 -277 approving amendment to Flood Hazard Mitigation Grant Agreement. Resolution 97 -278 receiving report on sanitary sewer and watermain trunk improvements to serve Phase I annexation area. (Project 9726A). Resolution 97 -279 renewing tobacco licenses for 1998. Resolution 97 -280 declaring adequacy of petition and ordering preparation of report for median reconstruction to serve Lot 2, Block 1 and Lot 8, Block 2 Stillwater Industrial Park, Project 9804, subject to receiving an escrow of $2,500 and verifying the proper format of the petition. Resolution 97 -281 supporting the Minnesota Department of Health study of mobile home parks. Resolution 97 -282 approving the transfer of the City's Board of Review duties to Washington County for a period of three years. Resolution 97 -283 approving contract for services Bonestroo, Rosene, Anderlik and Associates, Inc. for AUAR mitigation plan review for Phase I expansion area. Resolution 97 -284 approving proposal for service of Roger Tomten, Tomten Environmental Design, for project design review services for expansion area development plans. Resolution 97 -285 commending Jim Grothaus for his dedicated service to the City of Stillwater during his 1 '/a year internship with the Engineering Department. Resolution 97 -286 approving Agreement to terminate a development agreement between the City of Stillwater and Colonial Craft. 6 LIST OF BILLS *EXHIBIT "A" TO RESOLUTION 97 -287 Action Rental Cement/Storage Space 321.46 Amoco Sprint Gas /Diesel 4,146.24 Amotek Chairs 584.18 Ankeny Kell Professional Service 5,428.57 Ashbach Construction Croixwood Blvd. 78,203.34 AVI AV System 20,104.60 Bailey Construction Picnic Shelters 4,250.00 Banyon Data Systems Computer Services 750.00 Barthol, Robert Wreaths 32.00 Beberg, Donald Batteries, Cassettes, Tapes 106.41 Bettendorf Abstracting Abstract Continuation 300.00 Board of Water Comm. Water Bill 13.80 Bryan Rock Crushed Rock 407.47 Buschette, Theresa Garland 100.00 Business Equip. Brokerage Signs 635.02 Camas Shiely Sand 1,896.00 Catco Parts 324.23 Chemsearch Air Freshener 222.03 Clarey's Recharge Extinguisher 22.50 Crysteel Hangar & Frame Kits 717.92 Crysteel Plow Plug Kit 73.55 • Cy's Uniforms Shirt 26.65 DAC Industries Fuel Conditioner 271.65 Del's Outdoor Sharpen Blade /Fuel Line 25.95 Earl F. Anderson Signs 366.19 Emergency Apparatus Repair Pump 242.35 FINA Fuel 438.02 Five Star Concrete Salt 1,770.46 Franklin Quest Planner 67.52 Gannon's Auto Body Repair Squad 3,209.93 General Office Products Keyboard /Arm Platform 224.28 Geo. W. Olsen Constr. Sports Complex 306,596.00 GFOA Subscription 40.00 Glass Service Replace Broken Glass 84.26 Global Center Web Access 29.95 Goodwill Recycling 324.79 Gopher Bearing Bearing 171.64 Gordon Iron Angle Iron 31.95 Greeder Electric Lights/Timers 4,639.00 G &K Services Uniforms 2,131.06 H & L Mesabi Blades 1,110.03 Harburn Enterprises Emblems 616.08 aHarrison, Sharon Poinsettas 55.17 H. C. Cleaning Janitorial Services 175.12 Images of the Past Film Processing 12.30 Imagineering Computer Network Consulting 2,227.80 Interim Personnel Temporary Receptionist 1,336.62 Jansen's Cleaning Maintenance 1,071.00 Junker Sanitation Garbage Service 181,520.90 Lake Country Chapter Lakeland Ford Lexmark Lind, Gladys LMC Insurance Trust Magnuson, David Maxim Technologies McCombs Frank Roos Menards Miller Excavating Minnesota Sun Publications MN Blue M. J. Raleigh Trucking M. Lee Smith Publishers Nelson, Keith New Horizons Quill Roettger, David Ross Industries R. D. O. SEH Service Master Star Tribune Stillwater Area Chamber Stillwater Gazette Stillwater High School Stillwater Towing St. Croix Animal Shelter St. Croix Car Wash St. Croix Office Supplies St. Croix Recreation Target Teltronix Tower Asphalt Transportation Comp. T.H.T., Inc. UBC Ultimate Data U. S. Postal Service U. S. West Viking Wal -Mart Wardell, Leslie Warning Lites Washington County Watson, Dennis White Bear Dodge Wybrite Zizzo, John ADDENDUM AT &T Seminar Oil Dip Stick Ribbons Property Purchase Premium Legal Services Professional Services Expansion Area Development Review Snow Fence Haul Sand Ad Supplies Grading and Gravel Subscriptions Gas Server Rental Supplies Meals /Lodging Pencils Belt for Chipper Feasibility Studies Window Cleaning Employment Ad Dues Publications Web Site Hosting Tow Vehicles November Boarding Fees Was Squad Cars Office Supplies Play Equipment Light Bulbs Professional Services UPM Mix Parts Replace Flywheel Plywood Servers /Software Bulk Fee LEA Guide Binder Office Supplies Tools Meals /Lodging /Certificates Barricades Recordings /Deed Tax/Maps Programming Services Parts Maintenance Meals /Gasoline 270.00 19.04 87.87 W 927.00 1,085.00 12,536.63 1,520.25 525.00 147.54 2,029.00 59.00 188.49 2,500.00 153.50 17.45 200.00 208.63 273.11 432.47 57.64 8,677.34 415.35 539.70 575.00 45.90 • 240.00 170.41 96.01 67.35 104.48 4,180.08 12.11 3,589.53 141.30 308.74 331.91 17.04 52,408.65 155.64 20.00 2,911.43 116.95 208.21 59.67 607.40 624.20 59.91 495.50 37.97 Equipment rental /Long distance 127.56 Airtouch Cellular Bartley Sales Co WConcept Enviromental Service George Olsen Construction Glewwe Doors Kellington Construction Northland Concrete & Masonry NSP Ron's Cabinets Roof Tech U S West University of Minnesota Cellular Phone Services City Hall Remodeling City Hall Remodeling City Hall Remodeling City Hall Remodeling City Hall Remodeling City Hall Remodeling Electric /Gas /Street Lighting City Hall Remodeling City Hall Remodeling Telephone services Conference - Building Officials Approved by the city Council this 16th day of december, 1997. APPROVED FOR PAYMENT • 159.85 802.00 3,937.00 18,008.00 1,000.00 2,000.00 4,756.35 15, 531.24 1,000.00 1,000.00 4,108.77 225.00 TOTAL: 780,567.16 • Memorandum To: Mayor and Council From: Morli Weldon, City Clerk Date: 12/12/97 Re: Permanent Employment of Rose Mary Holman Rose Holman has been working as secretary in the Administration Department for six months. She has not only met the requirements for the position, she has exceeded expectations. Rose has quickly learned the general operations of the City. In addition to her secretarial duties, she has been an integral part in the development and maintenance of the Local Area Network Recommendation: Resolution approving permanent employment of Rose Holman. • 1 RESOLUTION NO. 97 -288 APPROVING PERMANENT EMPLOYMENT OF ROSE MARY HOLMAN AS SECRETARY BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the permanent full -time employment of Rose Mary Holman as secretary from and after December 18, 1997, having served a probationary period of six months, is hereby approved. Adopted by Council this 16th day of December, 1997. Jay Kimble, Mayor ATTEST: Morli Weldon, City Clerk • • • RESOLUTION NO. 97 -289 RENEWAL OF TOWING LICENSE FOR 1998 STILLWATER TOWING, INC. WHEREAS, Richard Ritzer, Stillwater Towing, Inc., has requested renewal of a towing license for 1998; and WHEREAS, all forms and documentation have been received and fees paid; NOW THEREFORE BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the towing license for Stillwater Towing, Inc., is renewed for the Year 1998. Adopted by Council this 16th day of December, 1997. • ATTEST: Morli Weldon, City Clerk Jay Kimble, Mayor DEPARTMENT PeLe ks STAFF REQUEST ITEM MEETNG DATE 4..2— /6- -- 9� DESCRIPTION OF REQUEST (Briefly outline what the request is) 7_ CRC' 4 o# e re107/G C icc R/,i`� to i 00 FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) ADDITIONAL INFORMATION ATTACHED YES NO ALL COUNCIL, REQUEST ITEMS MUST BE SUBMI1 I ED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL Mf :1 ERIAL PACKET. SUBMI'I"IED BY DATE 42 -/O - 2,7 • RESOLUTION NO. 97 -290 APPROVING TEMPORARY EMPLOYMENT OF ROBERT HAMBLE AS WARMING HOUSE ATTENDANT BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the temporary employment of Robert Hamble as Warming House Attendant, from and after December 17, 1997, is hereby approved; and that as compensation for services the said Robert Hamble shall receive the sum of $6 per hour. Adopted by the Council this 16th day of December, 1997. Attest: Morli Weldon, City Clerk Jay Kimble, Mayor RESOLUTION NO. 97- DESIGNATION OF DEPOSITORIES FOR 1998 Be it Resolved by the City Council of the City of Stillwater, Minnesota, that the following are hereby designated as City depositories for the year 1998: Central Bank Firstar Bank Norwest Bank First Bank Adopted by Council this 16th day of December, 1997. Attest: City Clerk Mayor • • • • • DEPARTMENT A,ek s STAFF REQUEST ITEM MEETING DATE — /6 r' 7 DESCRI1-rIiiv t r r• EQUES 1 (brienv 0 t1;r° one request i: ) C12 Owls 7 I2t ,_r �o�, 7 _�ssi'_s7' 7/y .ergs ar/) BD L/ y /.4-k r /304C k JAI (y► I r r'.A die FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) A's 7Ii «,o ?e,-_ Cas - /tea6 '1 ADDITIONAL INFORMATION ATTACHED YES NO ALL COUNCIL REQUEST ITEMS MUST BE SUBMI1 l ED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO TI-IE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MA:i ERIAL PACKET. SUBMITTED BY DATE /2 — / O— i 7 RESOLUTION NO. 97 -292 APPROVAL OF AGREEMENT BETWEEN THE CITY OF STILLWATER AND CHUCK BAILEY CONSTRUCTION FOR INSTA T PICNIC SHELTER AT LILY LAKt niCNIC AREA BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the contract between the City of Stillwater and Chuck Bailey Construction for the installation of two picnic shelters at Lily Lake Beach picnic area for an approximate cost of $1800, is hereby approved. Adopted by Council this 16th day of December, 1997. Jay Kimble, Mayor ATTEST: Morli Weldon, City Clerk • • No. 97 -60 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington $40.00 WHEREAS, Jim Greeley Signs and Awnings has paid the sum of Forty and 00 /IOOs Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this licenses. NOW, THEREFORE, By order of the City Council, and by virtue hereof the said Jinn Greeley Signs and Awnings 100 W James Robb Road, Richland Center, WI 53581 is hereby licensed and authorized as Sign Erection for the period of one year starting November 15, 1997 and ending November 15, 1998 subject to all the conditions and provisions of said Ordinances. 1997. Given under my hand and the corporate seal of the City of Stillwater this 16th day of December A.D. Attest: Mayor: No. 97 -61 $40.00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington WHEREAS, Beaver Plumbing Co., Inc has paid the sum of Forty and 00 /IOOs Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this licenses. NOW, THEREFORE, By order of the City Council, and by virtue hereof the said Beaver Plumbing Co., Inc 20425 Jackson Street NE, Cedar MN 55011 is hereby licensed and authorized as Excavating for the period of one year starting November 11, 1997 and ending November 11, 1998 subject to all the conditions and provisions of said Ordinances. Given under my hand and the corporate seal of the City of Stillwater this 16th day of December A.D. 1997. Attest: Mayor: No. 97 -60 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington $40.00 WHEREAS, Jim Greeley Signs and Awnings has paid the sum of Forty and 00 /IOOs Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this licenses. NOW, THEREFORE, By order of the City Council, and by virtue hereof the said Jinn Greeley Signs and Awnings 100 W James Robb Road, Richland Center, WI 53581 is hereby licensed and authorized as Sign Erection for the period of one year starting November 15, 1997 and ending November 15, 1998 subject to all the conditions and provisions of said Ordinances. 1997. Given under my hand and the corporate seal of the City of Stillwater this 16th day of December A.D. Attest: Mayor: • • • No. 97 -62 $40.00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of Stillwater County of Washington WHEREAS, Kellison Company has paid the sum of Forty and 00 /100s Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this licenses. NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said Kellison Company, 7200 Hudson Blvd Suite 230, Oakdale MN 55128 is hereby licensed and authorized as General Contractors for the period of one year starting December 1, 1997 and ending December 1, 1998 subject to all the conditions and provisions of said Ordinances. Given under my hand and the corporate seal of the City of Stillwater this 16th day of December A.D. 1997. Attest: Mayor: • • • • • RESOLUTION NO. 97- RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF STILLWATER; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE Be it Resolved by the City Council (the Council) of the City of Stillwater, Minnesota (the City), as follows: 1. Recitals. a. The Internal Revenue Service has issued Section 1.103 -18 of the Income Tax Regulations (the Regulations) dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time for the issuance of the bonds. b. The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure. c. The City desires to comply with requirements of the Regulations with respect to certain project hereinafter identified. 2. Official Intent Declaration. a. The City proposes to undertake the following projects described on Exhibit A attached hereto. b. Other than (I) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103 - 18(1)(2) of the Regulations or (iii) expenditures constituting of preliminary expenditures as defined in Section 1.103- 18(I)(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City until after the date of this Resolution. c. The City reasonably expects to reimburse the expenditures made for the costs of the designated projects out of the proceeds of the debt (the Bonds) to be in incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150 -1(h) of the Regulations. d. This declaration is a declaration of official intent adopted pursuant to Section 1.103 -18 of the Regulations. 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long term basis or otherwise set aside) to provide permanent financing for the expenditures related to the projects other than pursuant to the issuance of the Bond. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date thereof, all within the meaning and content of the Regulations. 4. Filing. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the city clerk at the City Hall (which is the main administrative office of the City) during the normal business hours of the City on every business day until the date of issuance of the Bonds. 5. Reimbursement Allocations. The City's financial officer shall all be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount for proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case of reimbursement of a fund or account in accordance with Section 1.103 -18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the bonds from any restriction under the bond resolution or other relevant legal documents for the bonds, and under any applicable state statute, which would apply to the unspent proceeds of the bonds. Adopted this 16`h day of December, 1997. Attest: Mayor City Clerk • • • EXHIBIT A Sports Complex $4,600,000 Memorandum • To: Mayor and City ouncil From: Marcy Cor Date: December 1: , 1997 Re: Service Agreement for City Photocopiers Background Attached for Council review is a copy of a service agreement with IKON Office Solutions for service and supplies on the City's two photocopiers, in the amount of $3,662.40. While this amount represents a 5% increase over the City's agreement with IKON for 1997, based on prices obtained from other vendors, staff has determined that IKON's agreement provides the City with the most competitive pricing. Recommendation Council approval of the attached Maintenance Agreement with IKON Office Solutions, in the amount of $3,662.40, for service and supplies for the City's Mita and Konica photocopiers. • MAINTENANCE AGREEMENT Effective and binding only when received and accepted by IKON. Customer C. 5 -1 ; 1 \ � - FZoSr Machine Location c;- ■ S c «� 2740 West 80th Street Bloomington, MN 55431 Phone: (612) 888 -8000 Fax: (612) 885 -3798 IKON Office Solutions • Phone Number - Co (z ■ Manufacturer Model Serial Number Beginning Meter Per Copy Charge Copies Included Monthly Base Zone 7)7 V,4- d SJc J7 ooavys- , oU'/ 3a70, o oo 3'o5".. d o 1 A/0.7, c.Fr 6-5-c) _3 9 (v d-1 73%, 0 yr -70771-t-- �3/,10,?. 44-a Extended Hour Service Options Choose one. Cost will be added to monthly base. PROGRAM TYPE ❑ EZ Copy: Includes all of CPC plus lease payment A 8 $ C Term of Contract CPC: Includes parts, labor, drums, black toner and developer Contract Start Date: ❑ Color CPC: Includes parts, labor, toner , developer, fuser oil and waste boxes Requested Billing Date: ❑ FS: Includes parts and labor only ❑ DMP: Document Management Program BILLING l Annual ❑ Semi Annual `44,4 ❑ Quarterly (monthly x 3) ❑ Monthly (base billed in advance, copies in arrears) Monthly invoices less than $50 will be invoiced quarterly. Fax contracts are subject to annual invoicing. Annual and semi - annual billing options are not available on per copy charge contracts. Copy charges are based on meter readings from clients or on an estimated basis. Options to submit meter readings are by meter cards, phone, or fax. COMMENTS rO zr` % -7c'26 AUTHORIZATION Authorized by (please print) k Signature /Approval Signature /Decline Maintenance FOR OFFICE USE ONLY Title Date Rep # PO# Customer Number Installation Date Purchase Order Number Accepted By Sales Rep Number Completed By Manager Number Date This agreement is subject to the terms and conditions appearing on the reverse side of this order. • League of Minnesota Cities Insurance Trust Group Self- Insured Workers' Compensation Plan Administrator Berkley Administrators 145 University Avenue West St. Paul, MN 55103 -2044 Phone (612) 281 -2100 Notice of Premium Options for Standard Premiums of $50,000 - $100,000 The 'City' STILLWATER 216 NORTH 4TH STREET STILLWATER MN 55082 -0000 Agreement No.: Agreement Period: From: To: 02-000623-12 01/01/1998 01/01/1999 Enclosed is a quotation for workers' compensation deposit premium. Deductible options are now available in return for a premium credit applied to your estimated standard premium of $ 75395. . The deductible will apply per occurrence to paid medical costs only. There is no aggregate limit. As an alternative, cities with a standard premium in excess of $25,000 may select from several retro -rated premium options. The final net cost under the retro -rated option equals the audited standard premium times the minimum factor plus losses and all loss- related costs, not to exceed the audited standard premium times the maximum factor. The net cost for each retro option based on your estimated payroll, would be between the minimum and maximum amounts shown below, depending upon your losses. Adjustments will be made approximately six months after the close of your agreement year and annually thereafter until all claims are closed. These adjustments will be based on audited payroll amounts and reserved as well as paid losses. Please indicate below the premium option you wish to select. You may choose only one and you cannot change tions during the agreement period. OPTIONS NET DEPOSIT PREMIUM 1 ❑ Regular Premium Option Deductible Options: Deductible Premium Credit Der Occurrence Credit Amount 2 ❑ $250 3% 2262. 58905. 3 ❑ 500 4.5% 3393. 57774. 4 ❑ 1,000 6% 4524. 56643. 5 ❑ 2,500 10% 7540. 53628. 6 ❑ 5,000 13.5% 10178. 50989. 7 ❑ 10,000 18% 13571. 47596. Retrospectively Rated Premium Options: 61167. 8 87 9 ❑ io ❑ Retro -Rated Minimum Factor 67.0% 57.3% 43.2% Est. Minimum Maximum Est.Maximum(See #1 above Premium Factor Premium for net deposit 4546. 130% 88c1L. premium) 38881. 150% 101783. 29314. 200% 135711. s should be signed by an authorized representative ofthe city requesting coverage.Oneofthe above options must iiiiselected. Please return a signed opy of this notice to us with payment and make checks payable to the LMCIT. Signa rn -. / -t1 b 41 /.1/ l (e, 4') Date For more information on the premium options that apply to your city, refer to the enclosed brochures. LM4503 (3/97) • 'water 1 • THE BIRTHPLACE OF MINNESOTA December 16, 1997 Senator Gary Laidig 141 State Office Building St. Paul, MN 55155 Dear Senator Laidig: The City of Stillwater urges the State approve a $2.4 million bonding program to reconstruct and/or replace the State of Minnesota storm sewer serving the Stillwater, Minnesota Correctional Facility in Bayport. The local governments of Bayport, Baytown Township, Oak Park Heights and Stillwater expended $27,000 on a study to determine the physical conditions of the storm sewer, which services the Stillwater correctional Facility located in Bayport. The study determined the storm sewer has failed in some sections causing storm sewer water to run across an Andersen Corporation lumber storage area causing significant erosion. Additionally, the study televised the storm sewer infrastructure which indicated numerous places in which the storm sewer system was near failure. The State of Minnesota around the year of 1918 constructed the 24" diameter storm sewer system. The storm sewer system has deteriorated to the point where it is causing significant damage to private property and has the potential for catastrophic failure, rendering the storm sewer system useless. Preliminary studies indicate it will cost approximately $2.4 million to replace the storm sewer system. Since the storm sewer system is designed to divert storm water runoff from the Stillwater Correctional Facility to the St. Croix River, we believe the State of Minnesota should fund this infrastructure project. The City of Stillwater would appreciate your assistance in seeking State funding for this project. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 • Memorandum To: Mayor and Council From: Morli Weldon, City Clerk Date: December 5, 1997 Subject: 1998 Council Meeting Dates The regular meeting dates for Council are the first and third Tuesday of each month. Two meetings will need to be rescheduled: September 15, 1998 - Primary Election November 3, 1998 - General Election No meetings are allowed between 6 p.m. and 8 p.m. on an election day. Council will need to change either the time of meeting or date. Following are the dates of the remaining meetings: January 6 and 20 February 3 and 17 March 3 and 17 April 7 and 21 May 5 and 19 June 2 and 16 July 7 and 21 August 4 and 18 September 1 and 15* * Date or time change to be determined October 6 and 20 November 3* and 17 * Date or time change to be determined December 1 and 15 Council direction is requested for the rescheduling of the September 15 and November 3 meetings. • DAVID T. MAGNUSON MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • SUITE #202 • P.O. Box 438 • STILLWATER, MN 55082 TELEPHONE: (612) 439 -9464 • TELECOPIER: (612) 439 -5641 MEMORANDUM eC- 114 1(., f t7 RICHARD D. ALLEN TO: Mayor, City Council, and Nile Kriesel - Stillwater City Coordinator FROM: David T. Magnuson, Stillwater City Attorney DATE: December 9, 1997 SUBJECT: January 1, 1998, Change in Municipal Liability Limits Rob McGarry called today to talk about the changes in Municipal Liability limits that will be effective on January 1, 1998. Right now the Liability limits are $200,000.00 per person and $600,000.00 per occurrence and effective January 1, 1998, the limits will be increased to $300,000.00 per person and $750,000.00 per occurrence. These changes might bring about a slight increase in premiums but it should not be significant. There is another feature of the new law, however, that should be considered by the City Council. The law authorizes a City to waive the $300,000.00 per person limitation on liability and to leave the $750,000.00 per occurrence limit. The advantage to a single injured person, however, with this waiver would be that the full $750,000.00 of coverage would be available. The disadvantage is that it is exposing the City to a greater liability for each single injured person. If this waiver is given by the City, it will result in a 3.5% increase of our liability premium base. Since the base has not been set for 1998, we can only estimate the cost of the additional premium. If we use the rate established for the general liability for 1997 times the 3.5 %, the increased premium would be $4,400.00 per year. The cost of the waiver then should be estimated at at least $4,400.00 and, perhaps, closer to $5,000.00. We are bringing this to your attention now since the forms that must be filled out for the year 1998 will contain the waiver provision and the Council should have some opportunity to consider this before the election needs to be made. Please call me or Rob McGarry if you have any questions about this. DTM/ds • cc: Rob McGarry - McGarry- Kearney Agency Diane Deblon - Stillwater City Finance Director • 1 • MEMORANDUM TO: Mayor and Council F.R.: City Coordinator RE: 1998 labor agreement negotiations DA: December 12, 1997 Accompanying this memo are contract proposals to the City of Stillwater from AFSCME, Local 517, Stillwater Fire Association and Local 49 (Public Works). I am requesting executive session after the end of the regular session Tuesday night to discuss the proposals and counter proposals with you. I will provide you with a recommended response at the executive session. For your information, we previously settled with the Managers Association (1997/98 contract) and we are going to arbitration with the Police (as you know our "final offer" to the Police unit was rejected and they filed for Arbitration). Therefore, we need to negotiate agreements only with the aforementioned unions. O�� (Dan Ciagi /lte&t pcLuan l4raa October 6, 1997 MINNESOTA AFSCME COUNCIL NO.14 Mr. Nile Kriesel City Coordinator City of Stillwater 212 North 4th Street Stillwater, MN. 55082 Dear Nile: 300 HARDMAN AVENUE SOUTH • SUITE 2 SOUTH SAINT PAUL, MINNESOTA 55075 -2469 (612) 455 -0773 FAX (612) 455 -1311 ` °77 Enclosed for your review are the Union's contract proposals and the BMS Notice of Desire to Negotiate form. Please let me know when you are ready to begin bargaining. In addition, Tim Moore and Shawn Sanders have been elected as union stewards and they will be on the bargaining committee with me. Sincerely, Matthew Nelson Business Representative AFSCME Council 14, Local 517 CC: Tim Moore Shawn Sanders • 1 • October 3, 1997 Local 517 Proposals to the City of Stillwater 1. Amend Section 4.2 to include "Employees may work flexible work schedule such as 4 -10 hour days, 4 -9hour days and 1 4 hour days or other schedules in compliance with the Fair Labor Standards Act with the approval of his/her supervisor." 2. Amend Section 14.2 to: "On January 1 and July 1, the employer shall establish seniority lists showing the continuous service and the continuous service in an job title of each employee. ".. 3. Amend 16.1 to "Insurance benefits shall be in an IRS section 125 cafeteria plan. All employees shall receive $425 per month for the cost of health insurance and the cost of life insurance. Employees may use the value of these benefits to purchase dental insurance, long term disability, additional life insurance or additional vacation time off Employee's opting - out of group health insurance must provide documentation of coverage from some other source. If an employee loses the other health insurance for any reason beyond his or her control, that employee shall have the immediate right to buy into the employer's health care plan without having to wait until the next open enrollment period. Amend 16.3 to: "Employees hired prior to December 31, 1938 December 31, 1997 and who retire after 10 continuous years of City service and who are eligible to receive PERA benefits shall be allowed to continue their medical insurance coverage at City expense until their death or in the event of death of an em.lovee the City will continue to .rovide health insurance to such employee's family at City expense. "... New Section 10.8 regarding Family Medical Leave of Absence. "Family and medical leaves of absence of up to 12 weeks shall be granted with proper documentation. Eligible employees will continue to receive the City contribution towards health insurance during said leave." Add to Section 19.3 "No employee will be laid off as a result of a decision to contract out work per-formed by employees of the bargaining unit." New Section 17.6 "Pay day shall be every other Friday." New Section 17.7 "New employees may start medical and dental and child care accounts as soon as the begin employment." Wages -5% for both COLA and longevity; add a 25 -year longevity step 5% above the 20 -year step 10. One year Contract. • • la • International Union of Operating Eng sneers ti ! j LOCAL UNION NO. 49, 49A, 498, 49C, 49D and 49E '(; 11 j tr MINNESOTA • NORTH DAKOTA • SOUTH DAKOTA (East alf' JON R. PENDZIMAS, President DUANE L. OTNESS, Vice President JOHN M. SCHOUVELLER, Recording- Corresponding Secretary JOHN H. PETERSON, Treasurer • FRED P. DERESCHUK, Business Manager- Financial Secretary 2829 ANTHONY LANE SOUTH — MINNEAPOLIS, MINNESOTA 55418 -3285 Phone: (612) 788 -9441 FAX: (612) 788 -1936 December 8, 1997 Mr. Nile Kriesel City Coordinator City of Stillwater 216 North 4th, City Hall Stillwater, MN 55082 Dear Mr. Kriesel: Affiliated with A.F.L.- C.I.O. The members employed by the City of Stillwater, represented by I.U.O.E. Local No. 49, hereby submit the following proposal for your consideration for contract years 1998, 1999, and 2000: 1) ARTICLE XVII - INSURANCE Box 279 Bagley, MN 56621 (218) 694-6206 Section 17.1: Effective January 1, 1998, the Employer will increase its Insurance contribution by $39.95, per month per employee toward group health and long -term disability insurance including dependent coverage; Effective January 1, 1999, the Employer will increase its Insurance contribution by $19.95; and, Effective January 1, 2000, the Employer will increase its Insurance contribution by $19.95. The Employer to pay the difference between single coverage and family coverage to the employee with single coverage. 2002 London Road Duluth, MN 55812 (218) 724 -3840 1903 N. 4th St. St. Cloud, MN 56303 (320) 252 -2162 BRANCH OFFICES Rt. 9, Box 302 Mankato, MN 56001 (507) 625-3670 2901 Twin City Dr. Mandan, ND 58554 (701) 663 -0407 1 1 1 - 3rd St. S.W. Rochester, MN 55902 (507) 282 -0401 3002 1st Ave. No. Fargo. ND 58102 (701) 232 -2769 307 • 1st St. North Virginia, MN 55792 (218) 741 -8190 724 Washington N. Grand Forks, NO 58203 (701) 775 -3969 City of Stillwater Proposal From: IUOE Local No. 49 December 8, 1997 - Page 2. 2) ARTICLE XVIII - SICK LEAVE Employees shall be paid in cash for one -half (1/2) of their unused sick leave accrual each year. 3) ARTICLE XX - HOLIDAYS Section 20.1: ADD - Martin Luther King Day. 4) ARTICLE XXI - VACATIONS Section 21.1: Change to read as follows: Permanent employees shall be granted the following vacations: From 0 through 12 months employment ........... 5/6 days per month From 1 year through 4 years employment 10 days per year From 4 years through 10 years employment 15 days per year After 10 years through 15 years employment 20 days per year After 15 years employment One (1) additional day for each year up to twenty -five years for a maximum of 30 days. 5) ARTICLE XXII - WAGES Section 22.1: • Effective January 1, 1998 - Increase all wage rates by one dollar ($1.00) per hour. • Effective January 1, 1999 - Increase all wage rates by one dollar ($1.00) per hour • Effective January 1, 2000 - Increase all wage rates by one dollar ($1.00) per hour. • 1 • • City of Stillwater Proposal From: IUOE Local No. 49 December 8, 1997 - Page 3. • Labor /Maintenance Worker rate to be eighty -five percent (85 %) of Light Equipment Operator rate. • Any employee operating a Grader with Wing shall receive an additional forty cent ($.40) per hour. • Any employee who works between the hours of 3:30 P.M. and 7:00 A.M. shall be paid a differential of fifty cents ($.50) per hour. • All overtime to be on a separate check. Section 22.9: ADD: 25 Years of Service (12% Longevity Rate) 6) ARTICLE XXVI - DURATION This Agreement shall remain in full force and effect for a period commencing January 1, 1998 through December 31, 2000. In the event a new Agreement is not in effect on January 1, 2001, all compensation, working conditions and benefits shall remain in effect as set forth in this Agreement until a successor Agreement is effected. ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** I am willing to meet with you at your convenience to discuss the above proposal. Sincerely, INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 Tim R. Connors Area Business Representative cc: Steward December 11, 1997 TO: Mr. Nile Kriesel, City Coordinator FROM: David Reichow, President Ronald Johnson, Secretary RE: 1998 - 1999 Union Contract 1. 1998 Increase salary schedule by 3% (based on a 3 yr. Firefighter/Engineer) 1999 Increase salary schedule by 3% (based on a 3 yr. Firefighter/Engineer) 1998 Increase longevity schedule by 3% 2. ARTICLE IV - Hospital Medical coverage Effective January 1, 1998 and January 1, 1999, The employer will cover any increases for medical for all units. 3. ADDENDUM TO ARTICLE XIII Change section I of ARTICLE XIII Wages to read: The following wage schedule shall apply: Effective Effective 01 -01 -98 01 -01 -99 Start 3035 3139 Six months to one year 3105 3209 One year to two years 3335 3439 Two years to three years 3385 3489 Three years 3453 3557 Captain 3611 3715 Change to Section 3 of ARTICLE XIII Longevity Pay After 5 years of employment After 10 years of employment After 15 years of employment After 20 years of employment David Reichow, President wageltr $ 70.00 per month $ 140.00 per month $ 210.00 per month $ 252.00 per month lryj /cC < f7ft- onald Jo son, Secretary • • • MEMORANDUM TO: Mayor and City Council FROM: Diane Deblon, Finance Director DATE: December 16, 1997 SUBJECT: Sports Center Bond Rating PO Attached is the ratings sheet from Moody's that was released with the bond rating of A2. (No change in rating). Given recent market conditions, I would expect the interest rates to be rather favorable for the awarding of bids today. Just got the news from Ron Langness that we received nine bids and a 4.80% rate. This is great news! • 12/12/97 16:93 ET REF: N0000047.0000 FR:NOODYS TO:6124308809 hp 1 of 2 AT`T1ci Diane Debion City of Stillwater • MOODY'S RATES STILLWATER (CITY OF) MN Stillwater (City of) MN Municipality Minnesota Moody's Rating Issue Rating General Obligation Sports Center Bonds, Series 1998A Sale Amount $4,610,000.00 Expected Sale Date 12/16/97 Rating Description General Obligation Unlimited Tax A2 NEW YORK, December 12, 1997 -- Moody's has assigned an A2 rating to the City of Stillwater's General Obligation Sports Center Bonds, Series 1998A, based on an above average, but moderating, debt level, satisfactory financial position, and above average wealth. ABOVE AVERAGE DEBT LEVEL EXPECTED TO MODERATE. Moody's expects the city's above - average, but manageable, debt burden to moderate due to decreased future borrowing needs, rapid principal retirement, ad anticipated tax base growth due to annexation. The debt burden, at 6.6 %, double the average and primarily reflects the city's issuance for development and redevelopment needs. Rate of principal amortization, at 80% over 10 years, is rapid. Land annexation is expected over the next ten years, and developers have agreed to finance the necessary infrastructure improvements for the first phase of development. The city expects to issue less than $2 million annually in 1998 and 1999 for capital outlay bonds and improvement bonds. While debt obligations claim over 30% of the operating budget, it is important to note that two thirds of the debt service is supported through a combination of special assessments and tax increment revenues which reduce pressure on the tax levy. SATISFACTORY FINACIAL POSITION DESPITE RECENT DRAWDOWNS IN FUND BALANCE. Moody's expects the city's financial position to remain satisfactory due to the effects of ongoing tax base growth on revenues; however, the continuation of annual General Fund balance reductions could necessitate cash flow borrowing and erode current financial strength. The General Fund balance has declined by nearly a third in the last two years as a result of unplanned, one -time occurrences related to economic development. These drawdowns have resulted in a General Fund balance of $2.5 million, equaling 36% of 1996 General Fund revenues. A further drawdown of approximately $300,000 for design costs associated with the current offering is predicted for the close of 1997. While the remaining balance provides sufficient liquidity to preclude the need for cash flow borrowing until receipt of the city's two major revenue sources, intergovernmental aid and property taxes, officials estimate that further reductions in the balance could necessitate borrowing for cash flow. All/DER, RELATIVELY AFFLUENT COMMUNITY BENEFITTING FROM LOCATION; LAND 12/12/97 16:43 ET REF: N0040047.0000 FR:N000YS TO :6124348849 Page 2 of 2 ANNEXATION WILL ENSURE CONTINUED TAX BASE GROWTH. Moody's expects the city's economy to continue to grow based on its favorable location in the Minneapolis/ St. Paul metro area and a recent land annexation agreement which will be implemented over the next 10 years. While this older, relatively affluent suburban community is close to full development, steady tax base growth is expected to continue based on the planned residential development of the newly annexed land. The city's wealth levels are moderately above the state average; ample employment opportunities are reflected in low unemployment levels. ANALYSTS: Jennifer L. Davis, Analyst, Public Finance Group, Moody's Investors Service Dianne Golub, Senior Credit Officer, Public Finance Group, Moody's Investors Service CONTACTS: Journalists: (212) 553 -0376 Research Clients: (212) 553 -1625 • (This page was left blank intentionally.) • f • • i A • MINNEAPOLIS WASHINGTON, D.C. LONDON BRUSSELS HONG KONG DES MOINES ROCHESTER COSTA MESA PROPOSED FORM OF LEGAL OPINION DORSEY & WHITNEY LLP PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 -1498 TELEPHONE: (612) 340 -2600 Fax: (612) 340 -2868 $4,610,000 General Obligation Sports Center Bonds, Series 1998A City of Stillwater, Washington County, Minnesota APPENDIX I NEW YORK DENVER. SEATTLE FARGO BILLINGS MISSOULA GREAT FALLS As Bond Counsel in connection with the authorization, issuance and sale by the City of Stillwater, Washington County, Minnesota (the City), of the obligations described above, dated, as originally issued, as of January 1,1998 (the Obligations), we have examined certified copies of certain proceedings taken, and certain affidavits and certificates furnished, by the City in the authorization, sale and issuance of the Obligations, including the form of the Obligations. As to questions of fact material to our opinion, we have assumed the authenticity of and relied upon the proceedings, affidavits and certificates furnished to us without undertaking to verify the same by independent investigation. From our examination of such proceedings, affidavits and certificates and on the basis of existing law, it is our opinion that: 1. The Obligations are valid and binding general obligations of the City, enforceable in accordance with their terms except to the extent to which enforceability thereof may be limited by the exercise of judicial discretion or by state or federal laws relating to bankruptcy, reorganization, moratorium or creditors' rights. 2. The principal of and interest on the Obligations, if not paid from other sources, are payable from ad valorem taxes which are required by law to be levied on all taxable property in the City, which taxes are not subject to any limitation as to rate or amount. 3. Interest on the Obligations (a) is not includable in gross income for federal income tax purposes or in taxable net income of individuals, estates or trusts for Minnesota income tax purposes; (b) is includable in taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax; (c) is not an item of tax preference includable in alternative minimum taxable income for purposes of the federal alternative minimum tax applicable to all taxpayers or the Minnesota alternative minimum tax applicable to individuals, estates and trusts; and (d) is includable in adjusted current earnings of corporations in determining alternative minimum taxable income for purposes of federal and Minnesota alternative minimum taxes. The opinions expressed in paragraph 3 above are subject to the condition of the City's compliance with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Obligations in order that interest thereon may be, and continue to be, excluded from gross income for federal income tax purposes. The City has covenanted to comply with these continuing requirements. Its failure to do so could result in the inclusion of interest on the Obligations in federal gross income and in Minnesota taxable net income, retroactive to the date of issuance of the Obligations. Except as stated in this opinion, we express no opinion regarding federal, state or other tax consequences to holders of the Obligations. We have not been asked, and have not undertaken, to review the accuracy, completeness or sufficiency of any offering materials relating to the Obligations, and, accordingly, we express no opinion with respect thereto. I -1 (This page was left blank intentionally.) 0 • • • • Pensions The City participates in the Public Employees Retirement Association (PERA) which covers substantially all employees except those qualifying as temporary or seasonal employees. PERA is administered by the State and coordinated with the Federal Social Security Retirement Plan. State Statute requires the City to fund current service pension costs as they accrue. Prior service costs are being amortized over a period of 40 years and funded by payments determined as a percentage of gross wages paid by all participating employers. The amount of unfunded prior service costs attributed to individual reporting entities is not determinable. The City's contribution to PERA in 1996 was $229,319. Fire pensions are payable from the Stillwater Firemen's Relief Association, an organization incorporated under Minnesota Statutes to which the City contributes. Contributions were made by the State of Minnesota totaling $76,537 and no contribution was required to be made by the City. General Fund Budget Summary 1997 Budget Revenue: Taxes $ 3,413,700 Licenses and Permits 262,130 Charges for Services 659,576 Fines and Forfeits 130,000 Intergovernmental 1,248,641 Miscellaneous 187,750 Total Revenue $ 5,901,797 Expenditures: General Government $ 1,146,368 Public Safety 2,511,588 Public Works 1,107,752 Unallocated 84,000 Capital Outlay 344,265 Total Expenditures Revenue Over (Under) Expenditures Other Increases (Decreases): Transfers In Transfers Out Total Other Increases (Decreases) Net Increase (Decrease) in Fund Balance: Fund Balance - January 1 Projected Fund Balance - December 31 $ 5,193,973 $ 707,824 $ 320,965 (1,058,789) $ (737,824) $ (30,000) 2,757,344 $ 2,727,344 GOVERNMENTAL ORGANIZATION AND SERVICES Organization fb • Stillwater has been a municipal corporation with a Mayor - Council form of government since 1854, and is organized and governed pursuant to a Home Rule Charter adopted in 1926. The Mayor and all four Council members are elected at -large to serve four -year overlapping terms of office. The present Council is comprised of the following members: Jay Kimble Gene Bealka Eric Thole Terrence Zoller Richard E. Cummings Mayor Council Member Council Member Council Member Council Member Expiration of Term January 1999 January 1999 January 2001 January 1999 January 2001 The City Coordinator, Mr. Nile L. Kriesel, is responsible for the general management of the City. Official record - keeping functions are the responsibility of the City Clerk, Ms. Morli J. Weldon. Financial management of the City is the responsibility of the Finance Director/Treasurer, Ms. Diane DebIon. The Coordinator, Clerk and Finance Director/Treasurer are appointed by the City Council and serve at the Council's discretion. The City employs approximately 67 full -time persons in its various departments, which include fire, police, public works, administration, parks and recreation, library and public utilities. Services City -wide police protection is provided by 17 full -time officers. The Stillwater Fire Department, comprised of seven full -time members and 30 volunteers, serves the City and some surrounding communities. Stillwater has a class 3 fire insurance rating. Municipal sewer and water service is available to virtually all of the presently developed areas of the City. The water utility is governed by a three - member Board of Water Commissioners, all of whom are appointed by the Mayor. The water supply is taken from five wells. The combined pumping capacity for the wells is 4,250 gallons per minute. The system has a storage capacity of 2.1 million gallons. Daily water demand for the City averages 1.5 million gallons per day; peak demand is estimated at 4 million gallons per day. Although the City owns and maintains its own sanitary and storm sewer collection systems, the wastewater treatment plant and certain other core facilities are owned and operated by the Metropolitan Council's Office of Environmental Services ( "OES ") an agency of the Metropolitan Council. The City is billed an annual service charge by OES which is adjusted the subsequent year based on actual usage. Electricity and natural gas are provided by Northern States Power Company. • - 16 - CONTINUING DISCLOSURE COVENANTS APPENDIX II Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2 -12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2 -12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the Issuer hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The Issuer is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the Issuer fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The Issuer will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the Issuer, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the Issuer, commencing with the fiscal year ending December 31, 1997, the following financial information and operating data in respect of the Issuer (the Disclosure Information): (A) the audited financial statements of the Issuer for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the Issuer, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the Issuer, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the Issuer; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: City Property Values; City Indebtedness; and City Tax Rates, Levies and Collections. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the Issuer shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the Issuer shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Issuer shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the Issuer have materially changed or been discontinued, such Disclosure Information need no longer be provided if the Issuer includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other Issuer operations in respect of which data is not included in the Disclosure Information and the Issuer determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the Issuer shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) (B) (C) (D) (E) (F) (G) (H) (1) (J) Principal and interest payment delinquencies; Non - payment related defaults; Unscheduled draws on debt service reserves reflecting financial difficulties; Unscheduled draws on credit enhancements reflecting financial difficulties; Substitution of credit or liquidity providers, or their failure to perform; Adverse tax opinions or events affecting the tax- exempt status of the security; Modifications to rights of security holders; Bond calls; Defeasances; Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the Issuer to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the Issuer under subsection (d)(2); 11 -2 • • • II First phase annexation of 600 acres west of the City occurred in October 1996. The land will accommodate as many as 600 housing units over the next five years. A new 100,000 square foot elementary school is also currently under construction in the recently annexed area. Development in downtown Stillwater continues. Most recently, the "Old Maple Island Dairy" has been renovated into a hardware store, offices and retail space (spring 1997). The Staples Mill National Historic Landmark structure recently was added onto with a 3,000 square foot office space addition. The City Hall renovation project of $4 million in downtown has been completed. In the Stillwater West Business Park, two medical office buildings, a bank and an auto repair service center, valued at $3 million, were recently constructed. Summary of Building Permits Year Total Permits Number Value 1997 (at 10 -31) 645 $19,798,181 1996 577 25,436,052 1995 916 22,471,404 1994 983 22,012,582 1993 1,061 39,390,000 1992 507 29,284,069 1991 462 50,949,040* 1990 373 12,934,742 1989 375 14,957,590 1988 443 17,610,961 1987 591 23,633,226 Single - Family Home Permits Number Value 19 18 49 87 121 144 110 41 32 49 74 $3,101,835 2,919,500 5,739,224 9,822,674 3,614,982 15,598,843 11,671,010 4,103,400 3,453,728 5,496,390 7,542,329 Multiple Dwelling Permits Number Value * Includes a Law Enforcement Center and parking ramp for Washington County. Financial Institutions 14 28 16 12 32 3 6 4 6 10 $1,286,000 2,548,000 1,410, 000 1,122,000 2,659,000 3,429,000 6,245,500 410,000 565,944 1,395,000 531,000 Commercial banks located in the City include Central Bank; Norwest Bank Minnesota, National Association; First Bank of Minnesota, National Association; TCF Bank Savings FSB; and Firstar Bank of Minnesota, National Association. Source: Northwestern Financial Directory of the Upper Midwest, Spring 1997 Edition. Medical Services Lakeview Memorial Hospital, owned by a private nonprofit corporation, is a 97 -bed general hospital facility located in the City. There are three nursing homes in the City with a total of 290 licensed beds. Education Independent School District 834 serves the City of Stillwater and some surrounding communities. The District has a 1997/98 enrollment of approximately 9,025 students in grades kindergarten through twelve. The physical plant of the District includes eight elementary schools, two junior high schools and a senior high school. - 15 - Effective Buying Income Year 1996 1995 1994 1993 1992 Effective Buying Income for Washington County Total Median ($000) Household $3,168,856 3,045,292* 3,384,089 2,925,409 2,704,885 $44,113 42,999* 50,208 46,993 45,063 EBI figures shown for 1992 through 1994 were based on Bureau of Economic Analysis "personal income" and are not directly comparable to EBI figures for 1995 and 1996, which are based on Census Bureau "money income." NOTE: 1996 State median household EBI: $34,346. Source: Sales and Marketing Management, 1993 -1997 Editions. Labor Force Data September 1997 Civilian Unemployment Labor Force Rate Washington County 106,477 Minneapolis -St. Paul MSA 1,658,730 Minnesota 2,678,041 September 1996 Civilian Unemployment Labor Force Rate 2.3% 103,548 2.8 1,617,290 3.3 2,618,265 Source: Minnesota Department of Economic Security. 1997 data is preliminary. Recent Development 2.9% 3.5 4.1 Stillwater's residents and business owners in the early 1970's began to encourage the historic preservation of City structures, both commercial and residential. This movement has been at least partially responsible for restoring the City's downtown area to its original nineteenth - century river town character, with many businesses and shops housed in buildings more than 100 years old. Downtown Stillwater and eight residential structures are on the National Register of Historic Places. Many of the City's older homes have been restored to their historical period and are occasionally open for public tours. The restoration /preservation movement has generated a significant tourist trade which is important to the City's economy. In October 1988, the City adopted a Downtown Plan which serves as a guide for future City improvements and private development in the downtown area. The public improvements, estimated to cost approximately $15 million when all phases are completed, include infrastructure improvements, additional parking, flood protection, and public beautification projects along the riverfront and Main Street. Financing of the various improvements is expected to be provided from a variety of sources, including special assessments, tax increment revenue, State funding, grants, private donations and intemal financing from utility funds. To date, Phase 1, a $7 million infrastructure improvement program, has been completed. Phase II, the levee wall reconstruction, began July 1996. Subsequent to approval of the Downtown Plan, a 15,000 square foot, $2,000,000 office building and $1 million railroad depot have been constructed in the downtown. Several existing historic store fronts and buildings have been renovated with over $5 million of private improvements over the past three years. - 14 - • • • • • (C) the termination of the obligations of the Issuer under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the Issuer. (c) Manner of Disclosure. The Issuer agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the State Depository), if any; (2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds at the request of the Issuer and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term: Amendments: Interpretation. (1) The covenants of the Issuer in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the Issuer under this section shall terminate and be without further effect as of any date on which the Issuer delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the Issuer to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the Issuer from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Board filed in the office of the recording officer of the Issuer accompanied by an opinion of Bond Counsel, who may rely on certificates of the Issuer and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the Issuer or the type of operations conducted by the Issuer, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the Issuer agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for 11 -3 the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. 11-4 CASH AND INVESTMENTS As of November 2, 1997, the City's fund cash balance totalled $12,257,420 consisting of $462,595 in cash and the remainder in investments. All investments are held in certificates of deposit, commercial paper, U.S. Government, U.S. federal agency securities, and bankers acceptance. Interest rates of the City's portfolio range from 4.00% to 5.77 %. All of the investments mature in less than one year. A formal investment policy is maintained with all investments for the City made by the City Treasurer and /or the City Coordinator. GENERAL INFORMATION CONCERNING THE CITY Stillwater is located in central Washington County on the St. Croix River, approximately 20 miles east of the Minneapolis /Saint Paul metropolitan area. Stillwater encompasses an area of approximately 5.85 square miles (3,829 acres), and had a 1980 U.S. Census population of 12,290, a 20.6% increase over the 1970 count of 10,191. The City's 1990 U.S. Census population was 13,882, a 13% increase over the 1980 Census. The Metropolitan Council estimates the 1996 population to be 15,906. Although the City's tax base is primarily residential, the economy is influenced by a large number of public employers. Stillwater is the Washington County Seat and the headquarters • • for Independent School District 834, and the adjacent cities of Bayport and Oak Park Heights are the homes of two major State correctional facilities. • • Major Employers in the Area Employer Andersen Corporation* Independent School District 834 Washington County UFE Incorporated Cub Foods, Inc. Minnesota State Prison Lakeview Memorial Hospital Design Fabricated Parts, Inc. INCSTAR Corp. Target Stillwater Northern States Power Company* Product/Service Manufacturing Windows and Doors Education Government Plastic Inject Mold Retail Grocery Correctional Institution Medical Automotive Graphics Medical Manufacturing Retail Utility * These employers are outside the City of Stillwater. Source: Stillwater "Community Profile," Minnesota Department of Trade 1997 and "Minnesota Manufacturing Register" 1998. - 13 - and Approximate Number of Employees 3,700 950 935 700 520 470 400 250 330 175 105 Economic Development, Debt Ratios To 1996 Indicated Market Value ($733,009,989) Per Capita (15,906 - 1996 Metropolitan Council Estimate) " Excludes general obligation debt supported by revenues. CITY TAX RATES, LEVIES AND COLLECTIONS Tax Capacity Rates G.O. Direct Debt* 2.74% $1,264 1992/93 1993/94 1994/95 1995/96 Washington County 27.620% 28.198% 28.221% City of Stillwater (Urban) 28.651 29.626 30.917 ISD 834 (Stillwater) 66.169 62.686 67.093 Northeast Metro College 1.701 1.428 0.372 Special Districts 5.218 6.390 5.643 Total 27.442% 35.294 65.230 0.375 5.271 G.O. Indirect & Direct Debt 5.14% $2,368 1996/97 For Total Debt Only 25.566% 3.631% 34.769 13.383 61.762 10.880 0.297 0.297 5.316 0.921 129.359% 128.328% 132.246% 133.612% 127.710% 29.112% Special Districts include Metropolitan Council, Regional Transit District, Washington County HRA, and Metropolitan Mosquito Control District. Tax Collections for the City Levy /Collect 1996/97 1995/96 1994/95 1993/94 1992/93 Gross Levy $4,930,993 4,568,601 4,024,719 3,763,991 3,649,221 Net Levy* $3,941,109 3,596,458 3,019,651 2,769,498 2,676,202 Collected During Collected Collection Year As of 12 -31 -96 Amount Percent Amount Percent (In Process of Collection) $3,551,702 98.8% $3,551,702 2,947,982 97.6 2,953,862 2,720,696 98.2 2,721,695 2,640,249 98.7 2,653,347 98.8% 97.8 98.3 99.1 The net levy excludes Homestead and Agricultural Credit Aid ( "HACA'9 and other property tax credits. The net levy is the basis for computing tax capacity rates beginning with the 1993/94 levy. The gross levy is the basis for computing tax capacity rates in prior years. FUNDS ON HAND As of November 2, 1997 Total Cash and Investments $12,257,420* Includes $5,243,633 in debt service funds available to pay principal and interest due on outstanding bonds. • • 4 • • • APPENDIX III SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND MINNESOTA REAL PROPERTY VALUATION Following is a summary of certain statutory provisions effective through 1998 relative to tax levy procedures, tax payment and credit procedures, and the mechanics of real property valuation. The summary does not purport to be inclusive of all such provisions or of the specific provisions discussed, and is qualified by reference to the complete text of applicable statutes, rules and regulations of the State of Minnesota. Property Valuations (Chapter 273, Minnesota Statutes) Assessor's Estimated Market Value. Each parcel of real property subject to taxation must, by statute, be appraised at least once every four years as of January 2 of the year of appraisal. With certain exceptions, all property is valued at its market value which is the value the assessor determines to be the price the property to be fairly worth, and which is referred to as the "Estimated Market Value." Limitation of Market Value Increases. Effective through assessment year 2001, the amount of increase in market value for all property classified as agricultural homestead or non - homestead, residential homestead or non - homestead, or non - commercial seasonable recreational residential, which is entered by the assessor in the current assessment year, may not exceed the greater of (i) 10% of the preceding year's market value or (ii) 1/4 of the difference between the current assessment and the preceding assessment. Indicated Market Value. Because the Estimated Market Value as determined by an assessor may not represent the price of real property in the marketplace, the "Indicated Market Value" is generally regarded as more representative of full value. The Indicated Market Value is determined by dividing the Estimated Market Value of a given year by the same year's sales ratio determined by the State Department of Revenue. The sales ratio represents the overall relationship between the Estimated Market Value of property within the taxing unit and actual selling price. Net Tax Capacity. The Net Tax Capacity is the value upon which net taxes are levied, extended and collected. The Net Tax Capacity is computed by applying the class rate percentages specific to each type of property classification against the Estimated Market Value. Class rate percentages vary depending on the type of property as shown on the last page of this Appendix. The formulas and class rates for converting Estimated Market Value to Net Tax Capacity represent a basic element of the State's property tax relief system and are subject to annual revisions by the State Legislature. Property taxes are determined by multiplying the Net Tax Capacity by the tax capacity rate, expressed as a percentage. Property Tax Payments and Delinquencies (Chapters 275, 276, 277, 279 -282 and 549, Minnesota Statutes) Ad valorem property taxes levied by local governments in Minnesota are extended and collected by the various counties within the State. Each taxing jurisdiction is required to certify the annual tax levy to the county auditor within five (5) working days after December 20 of the year preceding the collection year. A listing of property taxes due is prepared by the county auditor and turned over to the county treasurer on or before the first business day in March. The county treasurer is responsible for collecting all property taxes within the county. Real estate and personal property tax statements are mailed out by March 31. One -half (1/2) of the taxes on real property is due on or before May 15. The remainder is due on or before October 15. Real property taxes not paid by their due date are assessed a penalty which, depending on the type of property, increases from 2% to 4% on the day after the due date. In the case of the first installment of real property taxes due May 15, the penalty increases to 4% or 8% on June 1. Thereafter, an additional 1% penalty shall accrue each month through October 1 of the collection year for unpaid real property taxes. In the case of the second installment of real property taxes due October 15, the penalty increases to 6% or 8% on November 1 and increases again to 8% or 12% on December 1. Personal property taxes remaining unpaid on May 16 are deemed to be delinquent and a penalty of 8% attaches to the unpaid tax. However, personal property owned by a tax - exempt entity, but which is treated as taxable by virtue of a lease agreement, is subject to the same delinquent property tax penalties as real property. On the first business day of January of the year following collection all delinquencies are subject to an additional 2% penalty, and those delinquencies outstanding as of February 15 are filed for a tax lien judgment with the district court. By March 20 the clerk of court files a publication of legal action and a mailing of notice of action to delinquent parties. Those property interests not responding to this notice have judgment entered for the amount of the delinquency and associated penalties. The amount of the judgment is subject to a variable interest determined annually by the Department of Revenue, and equal to the adjusted prime rate charged by banks, but in no event is the rate Tess than 10% or more than 14 %. Property owners subject to a tax lien judgment generally have five years (5) in the case of all property located outside of cities or in the case of residential homestead, agricultural homestead and seasonal residential recreational property located within cities or three (3) years with respect to other types of property to redeem the property. After expiration of the redemption period, unredeemed properties are declared tax forfeit with title held in trust by the State of Minnesota for the respective taxing districts. The county auditor, or equivalent thereof, then sells those properties not claimed for a public purpose at auction. The net proceeds of the sale are first dedicated to the satisfaction of outstanding special assessments on the parcel, with any remaining balance in most cases being divided on the following basis: county - 40 %; town or city - 20 %; and school district - 40 %. Property Tax Credits (Chapter 273, Minnesota Statutes) In addition to adjusting the taxable value for various property types, primary elements of Minnesota's property tax relief system are: property tax levy reduction aids; the circuit breaker credit, which relates property taxes to income and provides relief on a sliding income scale; and targeted tax relief, which is aimed primarily at easing the effect of significant tax increases. The circuit breaker credit and targeted credits are reimbursed to the taxpayer upon application by the taxpayer. Property tax levy reduction aid includes educational aids, local governmental aid, equalization aid, homestead and agricultural credit aid (HACA) and disparity reduction aid. Levy Limitations for Counties and Cities (M.S. 275.70 to 275.74 (Laws 1997, Chapter 231, Article 3)) Prior limitations restricting the ability of local governments in Minnesota to levy property taxes expired in 1993. New overall levy limitations are in effect for taxes levied in 1997 and 1998 for all counties and cities with populations exceeding 2,500. Levy increases are limited generally to 2.2% over the payable 1997 tax levy plus any increase due to growth in population. Certain property tax levies are authorized outside of the new overall levy limitation ( "special levies "). Special levies include debt service levies for bonded indebtedness, excluding installment payments on conditional sales contracts, debt service on state -aid road bonds, payments on contracts for deed, any levies to pay debt service on tax increment revenue bonds, and lease payments under certificates of participation. In order to receive approval for any special levy claims outside of the overall levy limitation, requests for such special levies must be submitted to the Property Tax Division of the Department of Revenue on or before September 15th in the year in which the levy is to be made for collection in the following year. The Department of Revenue has the authority to approve, reduce or deny a special levy III -2 • • • • Annual Calendar Year Debt Service Payments Including The Bonds (continued) Year 1997 (at 11 -2) 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 • 2017 2018 Total • G.O. Debt Supported by Tax Increment Principal Principal & Interest (Paid) $ 665,000 700,000 735,000 785,000 725,000 765,000 815,000 860,000 795,000 845,000 320,000 340,000 360,000 380,000 405,000 430,000 (Paid) $1,214,731.40 1,212,857.65 1,207,928.90 1,214,507.65 1,111, 992.65 1,110, 801.40 1,116,190.15 1,112, 936.40 998,875.70 999,057.50 439, 320.00 440, 670.00 440,630.00 439, 355.00 441,685.00 442,470.00 $9,925,00003) $13,944,009.40 (a) Includes the Bonds of an average annual rate of 5.00 %. (b) 77% of this debt will be retired within ten years. (c) 53% of this debt will be retired within ten years. Indirect Debt Taxing Unit(a) Washington County ISD No. 834 (Stillwater) Northeast Metro College Metropolitan Council Regional Transit District Total (a) (b) (c) (d) 1996 Taxable Net Tax Capacity $ 148,090,095 46,895,143 357,535,471 2,161,233, 611 1,942,024,826 G.O. Debt Supported by Revenues Principal (Paid) (Paid) $330,000 225,000 235,000 215,000 225,000 240,000 250,000 260,000 235,000 225,000 240,000 250,000 260,000 175,000 180,000 190,000 200,000 215,000 225,000 235,000 $4,610,000 Principal & Interest(a) (Paid) $199,182.51 540, 937.50 425, 085.00 425,767.50 396,435.00 397, 082.50 401, 965.00 401,060.00 399,455.00 363, 011.25 342, 260.00 346,212.50 344, 327.50 341,702.50 245,740.00 241, 597.50 241, 930.00 241, 642.50 245, 591.25 243, 765.00 241, 345.00 $7,026,095.01(c) Debt Applicable to G.O. Debt Tax Capacity in City As of 11- 2 -97(b) Percent Amount $56,105,000(c) 53,650, 000 7,460,000 33,990,000(d) 7.6% 24.2 3.2 0.6 84,545,000 0.7 $ 4,263,980 12, 983, 300 238,720 20,394 59,182 $17,565,576 Only those units with debt outstanding are listed here. Excludes tax anticipation certificates. On July 15, 1991, Washington County Housing and Redevelopment Authority issued $35,000,000 to finance construction of a jail facility to be leased to Washington County. The County issued $39,895,000 on April 1, 1993 to refund this issue. The rental payments of Washington County are absolute and unconditional obligations of the County payable from a direct ad valorem tax which has been levied for the term of the Bonds on all taxable property within the County. This debt is included in this amount. The Metropolitan Council also has outstanding $436,810,000 of general obligation sanitary sewer bonds and loans which are paid from system revenues. General Obligation Debt Supported by Revenues Date of Issue Original Amount Purpose 1 -1 -98 $4,610,000 Sports Arena (this Issue) Summary of General Obligation Direct Debt Supported by Taxes Supported Primarily by Taxes and /or Special Assessments Supported by Tax Increments Supported by Revenues Final Maturity 6 -1 -2018 Gross Less: Debt Debt Service Funds* $8,250,000 $ 966,618 7,175,000 4,220,932 9,925,000 56,084 4,610,000 - 0 - Principal Outstanding As of 11 -2 -97 $4,610,000 Net Direct Debt $7,283,382 2,954,068 9,868,916 4,610,000 * Debt service funds are as of November 2, 1997 and include money to pay both principal and interest. Annual Calendar Year Debt Service Payments Including The Bonds G.O. Debt Supported by Taxes and /or Special Assessments Year 1997 (at 11 -2) 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total (a) (b) G.O. Debt Supported Solely by Taxes Principal Principal & Interest (Paid) (Paid) $ 975,000 $1,376,494.69 1,080,000 1,424,133.85 470,000 774,301.35 485,000 766,740.10 495,000 753,287.60 375,000 612,287.60 380,000 598,880.10 335,000 536,218.85 325,000 509, 790.10 330,000 498,430.10 220,000 374, 531.35 230,000 372,922.60 160,000 292,702.60 165,000 289,028.22 175,000 289, 890.71 185,000 290,215.70 195,000 290,003.19 205,000 289,253.18 215,000 287,965.67 225,000 286,140.66 235,000 283,778.15 250,000 285,743.77 265,000 286,903.14 275,000 282,390.63 $8,250,000(8) $12,052,033.91 58% of this debt will be retired within ten years. 99% of this debt will be retired within ten years. - 10 - Principal (Paid) $1,015,000.00 1,035,000.00 955, 000.00 790, 000.00 790, 000.00 685, 000.00 625, 000.00 720, 000.00 285, 000.00 230,000.00 45, 000.00 $7,175,000(b) Principal & Interest (Paid) $1,357,843.13 1, 325, 300.00 1,195, 345.00 986,452.50 946,733.75 804,281.25 710,893.75 770,910.00 308, 872.50 239, 027.50 46,125.00 $8,691,784.38 • • IP • • request. Final adjustments to all levies must be made to the Department of Revenue on or before December 10th. Debt Limitations All Minnesota municipalities (counties, cities, towns and school districts) are subject to statutory "net debt" limitations under the provisions of Minnesota Statutes, Section 475.53. Net debt is defined as the amount remaining after deducting from gross debt the amount of current revenues which are applicable within the current fiscal year to the payment of any debt and the aggregate of the principal of the following: 1. Obligations issued for improvements which are payable wholly or partially from the proceeds of special assessments levied upon benefited property. 2. Warrants or orders having no definite or fixed maturity. 3. Obligations payable wholly from the income from revenue producing conveniences. 4. Obligations issued to create or maintain a permanent improvement revolving fund. 5. Obligations issued for the acquisition and betterment of public waterworks systems, and public lighting, heating or power systems, and any combination thereof, or for any other public convenience from which revenue is or may be derived. 6. Certain debt service loans and capital loans made to school districts. 7. Certain obligations to repay loans. 8. Obligations specifically excluded under the provisions of law authorizing their issuance. 9. Certain obligations to pay pension fund liabilities. 10. Debt service funds for the payment of principal and interest on obligations other than those described above. Levies for General Obligation Debt (Sections 475.61 and 475.74, Minnesota Statutes) Any municipality which issues general obligation debt must, at the time of issuance, certify levies to the county auditor of the county(ies) within which the municipality is situated. Such levies shall be in an amount that if collected in full will, together with estimates of other revenues pledged for payment of the obligations, produce at least five percent in excess of the amount needed to pay principal and interest when due. Notwithstanding any other limitations upon the ability of a taxing unit to levy taxes, its ability to levy taxes for a deficiency in prior levies for payment of general obligation indebtedness is without limitation as to rate or amount. Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes) "Fiscal Disparities Law" The Charles R. Weaver Metropolitan Revenue Distribution Act, more commonly known as "Fiscal Disparities," was first implemented for taxes payable in 1975. Forty percent of the increase in commercial - industrial (including public utility and railroad) net tax capacity valuation since 1971 in each assessment district in the Minneapolis /St. Paul seven - county metropolitan area (Anoka, Carver, Dakota, excluding the City of Northfield, Hennepin, Ramsey, Scott, excluding the City of New Prague, and Washington Counties) is contributed to an area -wide tax base. A distribution index, based on the factors of population and real property market value per capita, is employed in determining what proportion of the net tax capacity value in the area - wide tax base shall be distributed back to each assessment district. 111 -3 General Classifications Residential Homestead STATUTORY FORMULAE CONVERSION OF ESTIMATED MARKET VALUE (EMV) TO NET TAX CAPACITY FOR MAJOR PROPERTY CLASSIFICATIONS Net Tax Capacity Levy Year 1993 First $72,000 of EMV at 1.00% EMV in excess of $72,000 at 2.00% Residential Non - Homestead 3.40% 4 or more units Agricultural Homestead First $72,000 EMV of house, garage and 1 acre at 1.00% EMV in excess of $72,000 of house, garage and 1 acre at 2.00% Remaining Property: First $115,000 of EMV on first 320 acres at 0.45% EMV in excess of $115,000 on first 320 acres at 1.00% EMV in excess of $115,000 over 320 acres at 1.50% Agricultural Non - HomesteadEMV of house, garage and 1 acre at 2.30% EMV of land and other buildings at 1.50% Commercial - Industrial First $100,000 of EMV at 3.00% EMV in excess of $100,000 at 4.60% Seasonal /Recreational Non - Commercial Residential First $72,000 of EMV at 2.00% EMV in excess of $72,000 at 2.50% Commercial - 2.30% Vacant Land 1 0 0 0) co -co N V1 N/A (All vacant land is reclassified to highest and best use pursuant to local zoning ordinance) • • (1 .14 (D 9D 4 ■ CO co o0 O t -1 ■ 0 0 0 0 00000 00000 O O O O O it) o) 9) X X X X X 5555+- 0 - 0 0 (um (D D 3333n) cam (D (D x 0 0 M 0 (D (D 3 (0 N N N Na N 1 1 1 1 1 N N N N N 00000 CD ■A Q00 (1w1111 0)OO -CO w O)N-tNcn 000(10 O O D b b O O 00000 O O O O O O >0 3a o(0. m m '0 c a 0 m General Obligation Debt Supported By Tax Increments 0 0) Net Tax Capacity Levy Year 1994 First $72,000 of EMV at 1.00% EMV in excess of $72,000 at 2.00% 3.40% First $72,000 EMV of house, garage and 1 acre at 1.00% EMV in excess of $72,000 of house, garage and 1 acre at 2.00% Remaining Property: First $115,000 of EMV on first 320 acres at 0.45% EMV in excess of $115,000 on first 320 acres at 1.00% EMV in excess of $115,000 over 320 acres at 1.50% EMV of house, garage and 1 acre at 2.30% EMV of land and other buildings at 1.50% First $100,000 of EMV at 3.00% EMV in excess of $100,000 at 4.60% Non - Commercial First $72,000 of EMV at 2.00% EMV in excess of $72,000 at 2.50% Commercial - 2.30% N/A (All vacant land is reclassified to highest and best use pursuant to local zoning ordinance) V 1 1 1 1 1 1 1 I 1 1 1 1 1.111111 4.11,w10",10 1 1 1 1 N 1 P A A0..0)0 00 CO - 000100(0.PP01 (1O(1chooa1OO 000000000 Ca CD CD CD CD Ca Ca CD CD O 00000000 ✓ rrrrrrrr O 0 0 0 0 0 0 0 0 O 0 0 0 0 c, 0 0 0 9) 0)00) )SCn) 3 3 3 3 3 3 3 3 3 O 0 0 0 0 0 0 0 0 <<<<<<<<< (1) (D CD (D CD CD CD 3 3 3 3 3 3 3 3 3 cDcD(D(DcD DcD(Dm O 0 0 0 0 0 0 0 0 � v) 0 0 0 0 0 0 m 0 0 (0 N N N N N N N N N ■ ■ 1 ■ 1 ■ 1 .1 .1 N N N N N N N N N 000000000 000000000 1 1 1 .4..AN00000)03 11 0010-4-JOw00d) 01000101000101 000000000 O 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 >0 o 2. m 0 0) CD K 71 Net Tax Capacity Levy Year 1995 First $72,000 of EMV at 1.00% EMV in excess of $72,000 at 2.00% 3.40 %; except certain cities of 5,000 population or less at 2.30% First $72,000 EMV of house, garage and 1 acre at 1.00% EMV in excess of $72,000 of house, garage and 1 acre at 2.00% Remaining Property: First $115,000 of EMV on first 320 acres at 0.45% EMV in excess of $115,000 on first 320 acres at 1.00% EMV in excess of $115,000 over 320 acres at 1.50% EMV of house, garage and 1 acre at 2.30% EMV of land and other buildings at 1.50% First $100,000 of EMV at 3.00% EMV in excess of $100,000 at 4.60% Non - Commercial First $72,000 of EMV at 2.00% EMV in excess of $72,000 at 2.50% Commercial - 2.30% N/A (All vacant land is reclassified to highest and best use pursuant to local zoning ordinance) • • General Obligation Debt Supported By Taxes and /or Special Assessments These issues are subject to the statutory debt limit. Net Tax Capacity Levy year 1996 First $72,000 of EMV at 1.00% EVM in excess of $72,000 at 2.00% 3.40 %; except certain cities of 5,000 population or less at 2.30% First $72,000 EMV of house, garage and 1 acre at 1.00% EMV in excess of $72,000 of house, garage and 1 acre at 2.00% Remaining Property: First $115,000 of EMV on first 320 acres at 0.45% EMV in excess of $115,000 on first 320 acres at 1.00% EMV in excess of $115,000 over 320 acres at 1.50% EMV of house, garage and 1 acre at 2.30% EMV of land and other buildings at 1.50% First $100,000 of EMV at 3.00% EMV in excess of $100,000 at 4.60% Non - Commercial First $72,000 of EMV at 1.75% EMV in excess of $72,000 at 2.50% Commercial - 2.30% N/A (All vacant land is reclassified to highest and best use pursuant to local zoning ordinance 1 1 1 1 1 1 6666 4wOM (1 Cn 1 -Co w d) 0G.) 41,01N (10000(31 bbbbbb 000000 000000 0 0 0 0 0 0 0) 0) 0) 0) 0) 0) ✓ vn)vvv 000000 c c c c c c NNNNN N NN 1 1 1 II O 000(D(D cn —.1N 1N-11 C4.4. v 0 00 0101010001 000000 0 0 0 0 0 0 0 0 0 0 0 0 0 _0 0 SD C (D >0 3 oO. 3 a) ">7 c 0 (1) CD General Obligation Debt Supported Solely By Taxes* Legal Debt Margin as of November 2, 1997 Net Tax Capacity Levy year 1997 First $75,000 of EMV at 1.00% EMV in excess of $75,000 at 1.85% 2.90 %; except certain cities of 5,000 population or less at 2.30% First $75,000 EMV of house, garage and 1 acre at 1.00% EMV in excess of $75,000 of house, garage and 1 acre at 1.85% Remaining Property: First $115,000 of EMV on first 320 acres at 0.40% EMV in excess of $115,000 on first 320 acres at 0.90% EMV in excess of $115,000 over 320 acres at 1.40% First $75,000 of EMV of house, garage and 1 acre at 1.90% EMV in excess of $75,000 of house, garage and 1 acre at 2.10% EMV of land and other buildings at 1.40% First $150,000 of EMV at 2/0% EMV in excess of $150,000 at 4.00% Non - Commercial First $75,000 of EMV at 1.40% EMV in excess of $75,000 at 2.50% Commercial - 2.10% N/A (All vacant land is reclassified to highest and best use pursuant to local zoning ordinance rr M0 CAM (Pv OW • m r y =2 (Q N Zo o om CD0, 0) �Q (0 o rm c o (D EA 01 -4 N O) N -co w CO ■ N w U1 (N)1 coo W .p N O) Legal Debt Limit and Debt Margin • • SS3Na3183aNI A110 CITY PROPERTY VALUES 1996 Indicated Market Value of Taxable Property: $733,009,989* * Calculated by dividing the county assessor's estimated market value of $645,781,800 sales ratio of 88.1 % for the City as determined by the State Department of Revenue. 1996 Taxable Net Tax Capacity: $11,311,065 1996 Net Tax Capacity Less: Contribution to Fiscal Disparities Captured Tax Increment Tax Capacity Plus: Distribution from Fiscal Disparities 1996 Taxable Net Tax Capacity 1996 Taxable Net Tax Capacity By Class of Property Residential Homestead Commercial /Industrial, Public Utility and Personal Property* Residential Non - Homestead Other Classes Total $ 6,747,707 3,517,295 1,024,118 21,945 $11,311,065 ANNUAL FINANCIAL STATEMENTS • • APPENDIX IV The City is audited annually by an independent certified public accounting firm, from whose by the 1996 reports the data on the following pages has been extracted. The reader should be aware that the complete audits may contain additional information relating to the data presented here which may interpret, explain or modify it. For the years ending December 31, 1996, 1995, and 1994, governmental funds are presented on the modified accrual basis of accounting and the accrual basis is used for proprietary funds. $12,678,894 (1,553,496) (1,541,429) 1,727,096 $11,311,065 Reflects adjustments for fiscal disparities and captured tax increment tax capacity. Trend of Values (a) (b) 1996 1995 1994 1993 1992 Indicated Market Value(a) $733,009,989 684,419,118 638,737,782 593,778,498 556,578,848 Assessor's Estimated Market Value $645,781,800 605, 026, 500 564, 644, 200 521, 931, 300 502, 590, 700 59.6% 31.1 9.1 0.2 100.0% Taxable Tax Capacity(b) $11,311,065 10,392,529 9,837,083 9,376,042 9,441,345 Calculated by dividing the county assessor's estimated market value by the sales ratio certified for the City each year by the State Department of Revenue. For an explanation of tax capacity and the Minnesota property tax system, see Appendix 111. Ten of the Largest Taxpayers in the City Taxpayer Northern States Power Co. lmmuno Nuclear Co. Dayton Hudson Corporation Supervalu Stores Super Valu Holdings Minnesota Mining & Mfg. (3M) Anderson Corporation Beverly Enterprises Stillwater Clinic First Bank Minneapolis Total * Represents 15.3% of the City's 1996 net tax capacity. Type of Property Utility Commercial Retail Retail Grocery Offices Commercial Manufacturing Commercial Nursing Home Commercial Commercial 1996 Net Tax Capacity $ 322,147 293,637 207,488 194,787 175,840 161,480 104,131 102,343 86,499 86,154 $1,734,506* 0 • • Prior to 1996, the financial statements of the Board of Water Commission, which governs the Water Utility, were reported as an enterprise fund of the City. In the financial statements for the year ending December 31, 1996, the Water Utility is reported as a component unit. The Board of Water Commission meets the criteria to be included as a discrete presentation. The members of the governing board of the Board of Water Commission are appointed by the Mayor and approved by the City Council. IV -1 CITY OF STILLWATER, MINNESOTA COMBINED BALANCE SHEET ALL FUND TYPES, ACCOUNT GROUPS AND COMPONENT UNIT December 31, 1996 (With comparative totals for December 31, 1995) Totals Totals (Memorandum (Memorandum Governmental Fund Types Account Groups only) only) Fiduciary General General Special Debt Capital Proprietary Fund Type Fixed Long -Term Primary Component Reporting ASSETS AND OTHER DEBITS General Revenue Service Projects Fund Type Agency Assets Debt Government Unit Entity Assets: Cash and cash equivalents $2.283,684 $576,569 $7,302,188 $5,285,760 $1,194,748 - $16,642,949 $73,492 $16,716,441 Investments - - 1,373,451 1,373,451 69,479 1,442,930 Accrued interest receivable 17,468 5,108 63,996 85,990 12,651 185,213 16,232 201,445 Accounts receivable '.853 5,699 245,103 6,484 439,453 698,592 87,598 786,190 Loan receivable - 112,027 - - _ 112,027 112.027 Taxes receivable: Delinquent 41,609 15 18,356 9,396 74 _ 69,450 - 69,450 Due from County 17,023 1 11,455 12,729 - - 41,208 - 41,208 r Special assessments receivable: N Delinquent 11,972 303 242,708 51,708 306,691 306,691 Deferred 13,453 82 3,012,447 846,410 - 3,872,392 3,872,392 Special deferred 472 56,492 24,853 _ 81,817 81,817 Tax forfeit 280 520 - _ 800 800 Due from County 28 5,323 284 - 5,635 - 5,635 Notes receivable - _ - 0 4,927 4,927 Due from other governments 67,636 13,338 _ _ 80,974 4,529 85,503 Due from other funds 890,000 890,000 - 890,000 Inventory - - 0 49,833 49,833 Prepaid expenses - - 91,517 91,517 12,750 104,267 Fixed assets, net - - - - 5,312.248 _ 12,503,375 17,815,623 4,738,381 22,554,004 Notes receivable, long -term - - _ - 0 8.241 8,241 Investments, long -term - - _ _ - 0 794,000 794,000 Other debits: Amount available in Debt Service Fund 7,382,171 7,382,171 - 7.382,171 Amount available in General Fund 562,695 562,695 - 562,695 Amount to be provided for retirement of general Tong -term debt 18,402,830 18,402,830 - 18,402,830 Total assets and other debits $3,344,698 • • $588,557 $10,95.8,068 $6,436161 $7,064,029 $1,373,451 $12503,375 $26,347696 $68,616,035 __ $5,859,462 $74475,497 • • 4 • • (The Balance of this Page was Intentially Left Blank) 3 Og,D 5.-i (7,' n) E (Q W f D (D (D (D n, O O N 0 3 3 3 1 3 ) a (n n Q- (D D T : (D om O 0• `< D 1 EA- N .+ a D =- ��(D'( N 3D 30 rf) �3-� O (D �a o (D O- O O 7- � � ' .-+- (D 7 N, N Fi -r, Q N (D (n Q - 5. e a (.DD ,...► - - .n. O O (CD • -,�,m a � FD., � (Q O a -` O 0 O 0 O .fir (D co O o n O `,< 0_ O' 33 (D _cD wv5o -D o- . • (D (D al c v 0 N (D ;1-1 (1) v m'-' °m 3 ( • O N 7 = = C D n _3 v) (D 4) O O n N =f w C ( S`: n 3 3 (D ..... • 5 v �" 5. lD `< O O N (D O * 0.. O 0 (a) -1 N = (D fD 0 O (D .n-. 3 ,�O � ID3 Q. a) CD -. -a) c7; r: cD � � 3 (D (D (D (D (D NOI1V31UI12130 The 1995 Minnesota Legislature has enacted a statement of intent that interest on obligations of Minnesota governmental units and Indian tribes be included in net income of individuals, estates and trusts for Minnesota income tax purposes if a court determines that Minnesota's exemption of such interest unlawfully discriminates against interstate commerce because interest on obligations of governmental issuers located in other states is so included. This provision applies to taxable years that begin during or after the calendar year in which any such court decision becomes final, irrespective of the date on which the obligations were issued. The City is not aware of any judicial decision holding that a state's exemption of interest on its own bonds or those of its political subdivisions or Indian tribes, but not of interest on the bonds of other states or their political subdivisions or Indian tribes, unlawfully discriminates against interstate commerce or otherwise contravenes the United States Constitution. Nevertheless, the City cannot predict the likelihood that interest on the Bonds would become taxable under this Minnesota statutory provision. BANK - QUALIFIED TAX - EXEMPT OBLIGATIONS Prior to the adoption of the Tax Reform Act of 1986 (the "Act "), financial institutions were generally permitted to deduct 80% of their interest expense allocable to tax - exempt obligations. Under the Act, however, financial institutions are generally not entitled to such a deduction for tax - exempt obligations purchased after August 7, 1986. However, the City has designated the Bonds as "qualified tax - exempt obligations" pursuant to Section 265(b) of the Code which would permit financial institutions to deduct interest expenses allocable to the Bonds to the extent permitted under prior law. RATING An application for a rating of the Bonds has been made to Moody's Investors Service ( "Moody's "), 99 Church Street, New York, New York. If a rating is assigned, it will reflect only the opinion of Moody's. Any explanation of the significance of the rating may be obtained only from Moody's. There is no assurance that a rating, if assigned, will continue for any given period of time, or that such a rating will not be revised or withdrawn, if in the judgment of Moody's, circumstances so warrant. A revision or withdrawal of the rating may have an adverse effect on the market price of the Bonds. FINANCIAL ADVISOR The City has retained Springsted Incorporated, Public Finance Advisors, of St. Paul, Minnesota, as financial advisor (the "Financial Advisor ") in connection with the issuance of the Bonds. In preparing the Official Statement, the Financial Advisor has relied upon governmental officials, and other sources, who have access to relevant data to provide accurate information for the Official Statement, and the Financial Advisor has not been engaged, nor has it undertaken, to independently verify the accuracy of such information. The Financial Advisor is not a public accounting firm and has not been engaged by the City to compile, review, examine or audit any information in the Official Statement in accordance with accounting standards. The Financial Advisor is an independent advisory firm and is not engaged in the business of underwriting, trading or distributing municipal securities or other public securities and therefore will not participate in the underwriting of the Bonds. 6 • • 0 • • CITY OF STILLWATER, MINNESOTA W z 1- z 0 H 0 0) r) z W Z Waa a 13WE m w 00e UO Z g a ;' La mda� 00 E 0 Z a m > oz m o E o o o W W a 0 z LL W C O 1' 0 C 0 O'i • E a� W) g2 E 0 0 Wro(�WO.-oo0' ao(�ioco(�rnoW o�Ino 00 O W (OW, W O0)O W NOQO 0) .- .- W W W (0 N , d 1-c7 NW 01.C90) V R f CO 4, to O W - m W W c70) O 001)100 O W W 1-- W e 0) O W N o V O O 6,--.-446666-M6 —ail) 0 W O 0) W W W t` U7 c7 W (7 NW 00(00)0) W Vi CO CD 0 N (O O CD tf) OD 10 0) CO 00 a a , v V C 0) C 0' n ',6- ,2 Governmental Fund Types �a 0 f C� a C O > a LL V m o d 0z 000 T . , 0) , 00 , . .10 (00 N W O (.0 0 M 49 C7((7N d W OW.- 't W N M W O 0)00 n10- 4(,- :644 0) (9 OD .- CO o CV !9 O 1 en CD C0 0 N 0 CO O 0) If) CO W ✓ (0 1- O b 48 co .m W o 0 0 O N W 0) W III N R O N N (0C') V (.) , CO C W env. 07 - cj N 00 d(0 (0 �. (00= N 6 49 �I M N. 69 M W W (D! W W; 0 �; 0' '0J, CZ! ('7 Oi NI 101 W n 01 (0 0) C(1.....-1 W C!', 0) r- be! 6911 11 oo c81 O ▪ O W N C) • (0 v v 00 W ice'. N a) I 6,1 691 69 I C! C . Mi W 49 1.7 . • di Wli r-- rl rii-1. CI a) 1 0. COI 0I1 VD 1 00 U-ti �1 N1: 69 !9! 48J .c9 V 0D 00 Q7 f)I ti N a) W 0') f9 r t` 0) C a) (O N 0) r r r W 0)'.- W 0) 0,,,..,: W r N O N W N O (7''. Q N 0)): w ■ 0. �N W o�0 i (7 W 0 17 VOW, Ni 0) (fi O W (•i (. a; R M W W CID Oi W. 4' 1 !V -3 Total liabilities cco r 0i, Mai :2i CV : N 0 CO 0) 0' W 0) i " 69, • m: M' (0, WI (0 CO (n 0) .0 1 a) W. 691 b9,' N' OD (n, W O' e Total equity and other credits 6 CITY OF STILLWATER, MINNESOTA c ,- mcOC c0 c000 OO LO C.- 0--0 -10 CDrnc co LO M (D )- CO 0 c M (p IN 0 c CD c 0 CV N (N O (D 0 c 1, •- N O c c O CO .- O U) CD OD N O O 1- c O N- O U) co (O c N 0 N O CO (D M M r- 06 0 O M (D N c c M M (.D O > 0 N- M O M O M O CD 0 00 N M (n 0 M )- M N CD n)- c-- c M O CO M O )-c N cM O '- U) )- c (D 1� CD U) ; 2 Hi 69 7' -c 0 (O rNU) )- c ,r CO 1, N 0 M OD OP 00 U) U) 1� -O NM M O. 00(t)(O 00 N•- CO T- O.--MMM(00 r- t NO MN c (D 2 ON1<U)M O0 ON - N- t`N 1,cc c r- NO )- 0 N U) - 4) 0) y- O N M U7 (D 0 CD O co. M O 0- CO 00 U) N O (f i 0 06 CD (0 O , CD un- � 0 CV r- N N 0 CD Cl 0 N)- v c CO C 0) 0- 0 O O (D ' 0,: 0 0< )- M N N c co c N O O fA CD 69., 1- . N M 01. (O E co co (n m )- O (n 0-.. 4~ 00 O c N NC CL U O r- N'. 7 J 69.! 2 . 11' op co U) (n •,'' O • N O N _M M (Uj C K 0 Q, NLL.Q CO CD.i CD 1- ti' 4) N N!'' zap m F u c ma) o o, c -O C Q LL )- H41I, 00(0 1� OD VI LID U) U)N)- O CO'. ` (1). M 00 U) 0- O M N N 0 0- 1'- N O (D , f4 a MC)CDO r 1-M V cc NNO V 15 r- 0)(0), O�(D V 0)0U) MO N„ 0.O (V )- M 0- co!. O C )- O N.; CL UL - M CO c 0- CO )- c Cn ([) O M M c 0 0) 1- c Oi U) n0-M )-CD OM CD U; (D 1-)- U) (D 0- M O co a.4'' v Mr- M v v_ 4) 2' U C1-1 LO- C) O O N O V' O) CD M OP t` OM N. 00 v y O V M N c M U) O N U) O r N N U U) CD CO U-' d>y0 4) � N MNN)- F- D r) c `� � O 7 1 M U 0 01 VI 01 NS OD Ul CD CD CV CV U C C N Mhu)N Cn0'0 V 4.. f O zQ - o 0 g O M N a cu E m �� (� CD Ul esi CD W 4) d (D M 4- CD 0 v CO v_ tL n- U > O CD tD m (0 4 Z �• O '� C, e )- r- - a co )- v o Z E C7 e, )- 0 = 0 Li. U -O J -C C Q CO v) LL E 4) U Y a) as 2 U Q) N > ca U 4) .N. y �c C1 N f` o E E. Q' D T O C (n > C d (° °) cE y 0c)w'- cu0a)c mom (N4 (4 O '-u4)> > U 4) Vc.) > .c O a.. 15 .> u W 7 (4 .c O "0 a5 -E y�c- v, (�i E rn �� y E E d Z`a' um d °' C6 ��° E y U N 7 O m E c - vim. o 0 o U O� m E c. c c N 4) a O C 4) 4) 7 Q) 4) 4) CO C4 C 4) Q) > O Cl y Y y 0 a) 0 0 .�-.. m> (�i (ci p m 0 tE n 0 8 N F- 0 7 7 0 > 2 x 0> E w E E 2 o U CQ QJF- C1) Z000 C0_ LLZ CQ << IV -4 ASS 0) CD., Total assets and other debts • • i • • • • LEGALITY The Bonds are subject to approval as to certain matters by Dorsey & Whitney LLP of Minneapolis, Minnesota as Bond Counsel. Bond Counsel has not participated in the preparation of this Official Statement except for guidance concerning the following section, "Tax Exemption," and will not pass upon its accuracy, completeness, or sufficiency. Bond Counsel has not examined nor attempted to examine or verify, any of the financial or statistical statements, or data contained in this Official Statement, and will express no opinion with respect thereto. A legal opinion in substantially the form set out in Appendix I herein will be delivered at closing. TAX EXEMPTION In the opinion of Dorsey & Whitney LLP, as Bond Counsel, under federal and Minnesota laws, regulations, rulings and decisions in effect on the date of issuance of the Bonds, interest on the Bonds is not includable in gross income for federal income tax purposes or in taxable net income of individuals, estates and trusts for Minnesota income tax purposes. Interest on the Bonds is includable in taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax. Certain provisions of the Internal Revenue Code of 1986, as amended (the "Code "), however, impose continuing requirements that must be met after the issuance of the Bonds in order for interest thereon to be and remain not includable in federal gross income and in Minnesota taxable net income. Noncompliance with such requirements by the City may cause the interest on the Bonds to be includable in gross income for purposes of federal income taxation and in taxable net income for purposes of Minnesota income taxation, retroactive to the date of issuance of the Bonds, irrespective in some cases of the date on which such noncompliance is ascertained. No provision has been made for redemption of or for an increase in the interest rate on the Bonds in the event that interest on the Bonds becomes includable in federal gross income or Minnesota taxable income. Interest on the Bonds is not an item of tax preference includable in alternative minimum taxable income for purposes of the federal alternative minimum tax applicable to all taxpayers or the Minnesota alternative minimum tax applicable to individuals, estates and trusts, but is includable in adjusted current earnings in determining the alternative minimum taxable income of corporations for purposes of the alternative minimum tax. Interest on the Bonds may be includable in the income of a foreign corporation for purposes of the branch profits tax imposed by Section 884 of the Code and is includable in the net investment income of foreign insurance companies for purposes of Section 842(b) of the Code. In the case of an insurance company subject to the tax imposed by Section 831 of the Code, the amount which otherwise would be taken into account as losses incurred under Section 832(b)(5) of the Code must be reduced by an amount equal to fifteen percent of the interest on the Bonds that is received or accrued during the taxable year. Section 86 of the Code requires recipients of certain Social Security and railroad retirement benefits to take into account, in determining the taxability of such benefits, receipts or accruals of interest on the Bonds. Passive investment income, including interest on the Bonds, may be subject to federal income taxation under Section 1375 of the Code for an S corporation that has Subchapter C earnings and profits at the close of the taxable year if greater than twenty -five percent of the gross receipts of such S corporation is passive investment income. Section 265 of the Code denies a deduction for interest on indebtedness incurred or continued to purchase or carry the Bonds or, in the case of a financial institution, that portion of the holder's interest expense allocated to interest on the Bonds, except with respect to certain financial institutions (within the meaning of Section 265(b) of the Code). 5 AUTHORITY AND PURPOSE * • The Bonds are being issued pursuant to Minnesota Statutes, Chapter 475 and the City Charter. Proceeds of the Bonds will be used to finance site improvements and construction of a new indoor ice arena, an outdoor non - refrigerated ice sheet and a new bubble style field house. The composition of the Issue is as follows: Project Costs $6,071,245 Costs of Issuance /Legal 55,000 Underwriter's Discount 46,100 Capitalized Interest 199,183 Less: Contributed Capital* (1,761,528) Total Issue $4,610,000 *Includes current portion of public and private sector pledges totalling approximately $1,386,000 and a State of Minnesota Mighty Ducks" grant of $250,000. SECURITY AND FINANCING The Bonds are general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. In addition to its general obligation pledge, the City also pledges available net revenues of the City's sports complex. Further security for the Bonds is provided by a number of pledges from local sporting associations and private and public sector entities. These pledges vary in amount and term with an average annual pledge of approximately $155,000. The City expects that such net revenues of the sports complex combined with the annual pledged revenues will support 100% of the debt service on the Bonds. Consequently, the City does not expect to levy any ad valorem taxes for debt service on the Bonds. Capitalized interest in the amount of $199,183 is included in the Issue and will be used to make interest payments due through December 1, 1998. FUTURE FINANCING The City has no other Tong -term borrowing anticipated for the next 90 days. LITIGATION The City is not aware of any threatened or pending litigation affecting the validity of the Bonds or the City's ability to meet its financial obligations. 4Ik -4 • CITY OF STILLWATER, MINNESOTA Account Groups C O ,D u) N O 1- N to M 0) O 0) M O co N. 0) — 00 0) O <t CO r-- O.- s- (- co O O O K c0 0) u') co O co N r` O O V u) O O (O O q (D O 01 O O (D N (0 (n (0 c0 c0 . •_ _ • E0) tn'CtnCN(D�U')MOM (f) 00 O (D o (0 ON to M N 0) r- O N (0 (0' (D CO O t0 ((') O N OO N O M O N co O co tc') O m N N O 0) ? to 69' (O r V M M 0) M M (0 fA f 9 69 0 C e O co I- U) CO 0) 0 0 O M (n N 0 0 (r) 00. 0) r O to n .-. M E .- O c0 N M (D M O N 0) O r co 00 N- (0 O (O r N 1 (O N co in Q) LO f-- C tin N c0. O O (O O Q (o co co CO • (f) (f) 2 t O(0N On Mr(O r`' to Mt0 (D (n N: u5 M O' �. 0) O O O V c0 n N (� O (D' M M N to O �' r` o.. @ 0) O .- V u7 09::. 0)� 0) (O 0) c0 O co O O''. o v co ; 0) v — r") CD' I- C) 69 fA y VI Z a 0 H 0> F- ION Z •D I 0 c. u_ W N S dl- i cn O y E'1.`6'3 c W CC O 0 E'I N NI 0 CD -° Z I- o;N �! gzM o UEo W Q c) w i Q�•o 1 c cal' i Ow E a D U o z z Q D J 5 Q 0 O H z W CA CC W U cr — W J Co- IT_ <0 J CO CO 0 CD 4 o L1', O co (O r` V 0) 0) N' C CO; N: 6A a, 09 O M O 0) 0) 0) V •-- O n 0) M M 0) O O CO t` 6 N u') to a 0) O:. (A N. 0): NO (O 00000 O O O M (D. M (0 r- V O M C t D N 1 r- 45 o O (‚ 4. ) C ') . . 4 - • N co co co O N O N fA t` sr in (3) ,- N EA ul • CI) CV O 0) N 0) Q N n �' N N1 co (0', M �I N N i N'', D141 I OI , 0) O: O ▪ Q C7 O O CD O M CD OD; N I 4 -4-- vrn((0 (0 Ell i CO • I IV -5 c. N N.. co c. 4') M (• n ; 691 ti • c0 n i 00 i'1 r` c0 M! 0': N M O' V', kr (D N''. M N O: NI: Cr) (D in O. ' t` Yf N. N' 0 M 4- ([) M CO co v 0) O CO c0 (-4 M 0) N � V 0' M (O in Q st N N) (A 69 (V O' V 0) el O N. 0) 0 a) (� v! LC; O CO CO Q n 4- T j to (n (0: C N N! O CO CO 0)' O 0: 0)` M M1 V ((. (A CO N (0, M V (n 0)1 (n (n V 0)I N ID- 0) 4- �: C • 0) ' Yr' -- ▪ '- M M.1 69 69'. 55 I.1,2 v U .c X O C -• c d 'O (0 0 O u.. 0 co N a N 04 N C ' r ._ CO .O. 7 0 ✓ m a' v m '5 c av _ -' CU rn C 'y �6 U (0 a) O, m 0 0 M v 1- F- W C tC U c :� O) N N _ m (7) a0 ▪ r .0 U `-O ,1!), U N C N 4) -� Z N C) m 0EwSa)(3,)2Z�„ O y _ C y 0) 0 = m �) c 1B c a�') c m V C LL a : CITY OF STILLWATER, MINNESOTA Account Groups 00117 CO1-CO oo Cc) CI 0)s-1170 N-r-00000Cns- .-o Co 0 o c0 0) 7 0) r- CO 1- 10 m >` 7 r- cc) rn () Q 0r`s - •- CO 710 CD00 c0 sr sr cD 1 r-(00 (O0) sr N 711)10 Cci r- r-- LO CO0'- Cn ONr�s- 0010 O - 0) 10 Cc) N CO CO N CD s- 0s- N- CO0)s- r• Cn r- .- .- ,- co '- .- N to 7 N CO O N sr CO CC s- Cn CD CO- 01 CA aO O7 70 70 W CD LO O r- N- CD CO (0 01 000L0000 s▪ - Cn (D CO 0) 7 CO CD N 0) sr CO 7 O N N N O CO 0) st s- N CD sr sr 0 C s- 0 LC) CO CO N00 t,- 7 O r,- 0117 CO Ns-0)N W W (O Cn cnr+CO O) OCn cc) N 7RC.) C.) co O_ r- C')OO Occ) r-0(O0) ON cc) (00) Cs) s- CnN N- c .- . s- St CI O c') c') CO s- sr N 7 c0 r--- (o EF▪ C 10 N I0 to O NO Cc) CO CO CO s- D1 n (n N sr In CO ° 0 O (35 1f) 7 ▪ r.-- Sr NN 100 N CO Cc) 0 (- 7 0) r,- Cr; 7 N 100)1` , s- CO O in °101010 CO t` CO Sr c) CO 7 7 O 16 6 _ C) 0 N 110 N O '— O sr a0 (Dr 7 o, �a si W 0 00(')7 n O C0OO Rn Q W r N -19 st r- • m� � O N 7 (0 0) N 117 N (0 C tH 0 0 d ASSETS AND OTHER DEBTS 0117 0t'-r-0 OO Cc) 0 (n1 1) Cs) N 1O CV 0 0 1') •- fr o N ) O 0)10 O 1[) 0 CO 0 0) r- (o 1A co OD CV CD 05 N N7 CDC7') C°')e- ' c0') N N M cci 69 CO LC) CD CO O (n W el- 15 _o co N 7 N (0 0 C_ JD > co LL 1n m E O y O a) co en en O a' o _ > • ;, m !> N m —D o uoi , CO , 0 `) C , m 73 m a m CO N CC > cp > - - O 0 y C 0 O O C C > C) C co C D ....O V O O O X. O> LL > 0 C co C E C 0 a)= o O= O ai O O O U a" 4) 1A ou O U'5 YO O _ CC O w d 0- O lD x d= 0 , N a co .0.. d N N> O a a, .0. 0 0 0 0 ._ C) M>000000 a° °(/)F- o =_ _-6 > e x o E(n E E E o SaaJ� z000Q=ai�z< aQ IV -6 Total assets and other debts • * • • • s Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Bonds, except in the event that use of the book entry system for the Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of Bonds with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners'. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Neither DTC nor Cede & Co. will consent or vote with respect to the Bonds. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Bonds will be made to DTC. DTC's practice is to credit Direct Participants' accounts on payable date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on payable date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to DTC is the responsibility of the City, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not obtained, security certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book entry transfers through DTC (or a successor securities depository). In that event, security certificates will be printed and delivered. The information in this section concerning DTC and DTC's book entry system has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the accuracy thereof. 3 THE BONDS General Description The Bonds are dated as of January 1, 1998 and will mature annually each June 1, as set forth on the cover page of this Official Statement. The Bonds are being issued in denominations of $5,000 and integral multiples thereof. Interest on the Bonds will be payable each June 1 and December 1, commencing June 1, 1998. Interest will be payable to the holder registered on the books of the registrar (the "Registrar "), initially Cede & Co., as of the fifteenth day of the calendar month next preceding such interest payment date. Principal of and interest on the Bonds will be described in the section herein entitled "Book Entry System." Norwest Bank Minnesota, National Association will act as Registrar for the Issue and the City will pay for registration services. Optional Redemption The City may elect on June 1, 2006 and on any day thereafter, to prepay Bonds due on or after June 1, 2007. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Book Entry Only System The Depository Trust Company ( "DTC "), New York, NY, will act as securities depository for the Bonds. The Bonds will be issued as fully registered securities registered in the name of Cede & Co. (DTC's partnership nominee). One fully registered Security certificate will be issued for each maturity of the Bonds, in the aggregate principal amount of the Bonds, and will be deposited with DTC. DTC is a limited - purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds securities that its participants ( "Participants ") deposit with DTC. DTC also facilitates the settlement among Participants of securities transactions, such as transfers and pledges, in deposited securities through electronic computerized book entry changes in Participants' accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock Exchange, Inc.; the American Stock Exchange, Inc.; and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ( "Indirect Participants "). The Rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC's records. The ownership of each actual purchaser of each Security ( "Beneficial Owner ") is in turn to be recorded on the Direct and -2 41P • • • • CITY OF STILLWATER, MINNESOTA Account Groups 0 w Z z 0) 0 0 CU M wa 2 co 0 wC' 0) U 00 8 z i- � Q Z M p` moat w<coio rD Z O 0 (/) E ar E r . 0 2 LL fa c 0, MOO N r`O_N O()(OM O O O .- .- CO N co '- 0 (D 00 r` O 0 M ") CO! N sr 0) O)0 q 01 r.- r- co c0 co M OD LO r- N CO M Ti 0) N! OD (n (O N O 1- O N (O M 0) O O) CD O sr OD h O I- r- CO 0 0 0 COOsr — (O 00(000)(00 CO (O C (O sr N .- (O (O 0) O) 0) (f) CO O) 1 N N 0) 0 L CO (0 CO Vi N 0 n (n 0 °) Q1 0 N (10- co- et Co co N OD 1- N O) O) sr CO sr (O O M N c!) CO M,- o) ffl OD OD N (0O Mr- CD 0) 69 n f• to N CO O oo 0 u) 0 U1 CA N 0) N v etCD 141 CO e- CD O M 0 CO r- N (O O CA srN rs(h0 N Off) r-0) 05 m1"-- N O CD 0 0 OD MO CD OD OD OD(O1 i O1'. ' O (- (0 0 O M M, v i OD;: O O O (D Q '-: ;3. N, R f` r- tD (() O; 0, N OD .- .- (O CO 0-; CO sr C6 (in; rI I MI O,, CF)I 61. CO 1 CD CD 0(O M ON Ni CD CO N M (O O (D O; cO CO (D O NI (O' O t- sr O CD (4); 01 CO 0 sr N N M, 0) : CD r sr N M ' M1 0 CO 0 O O CO N M O Q 4.6 O) 0- N st CD C- a) O VC- OD O 0 0 M f` CO CO sr O) (O M CO CD (- on') N a) 0 a5 a) z f0 a L T T '� a m °' 0. (n 3 c N a d _ isi N co V o o '00 -E � . N Tc C L a (� 0 w H O O N> a L G O a, fn c C CO E N U c N CA 3 ° c 0 V) N D° a) ° E O a) c Z O m (a a rnw a) t i c 0. v, v _ m co Q•- Q W co is >. EO a`( ° N > a) EO .tn a) c -c .0 V N a O 'a co Cr w U N (/! L1 L L r_ C S a y U p (n ° ° c N a' N la a) to U N D O d° a) a C a d a) FL: W .� 7 A .00 O O= j C O `) a) N W N- N O to N N c h d y _ = (°)c@mm>o 0. 11 694, ~ °NCfaa)c ca) c al 7 o o a> >a oa d a) o m d nao) •5 > m ° d�� o�� JO JQU(nOOQQQ00UD(7 C/) C U� LL IV -7 OD sr, Co vii 6911 0) col! N I (n',, 1.61 M' MI' sr (Dn 61.1 691; CITY OF STILLWATER, MINNESOTA 0 CU- Q 0) � r) w H � Z w E a.w }a}rn W Z!-�0 W Q ? M d LL. N w z< E E W LL Z ° CC Z C) • Z Q) - LLI Z Z > w • CD w } • J 0 < 0 w Z 0 U c C d d a a) ca To O 0 > co E a O U L 0) (Si T� C o ' To ,F3 1- o 20)) m To Q d CO O (.) C d O (() N Cr) co 0) 0) V N 000 V C) a) co r-- co ('n (D co r (n .- O CA 1• C C•) (D 0) (O V O (0 O) O V N C) U) V CO N V r Cn N •- to V CO n N 0) N Cc 1- N EA O (C) 0) V O (O 00 CO O (D V 0) N O 0) (D 0 N co 1. 0) V N O 0) N CO V N 1- h N 0) 0) 0) 0) 0) 1. N (09 N M CO N CO 0 O Q) CT) CO CO (C) O O V V C) N 0) 0) 0) CD (D N N C- Cn CD h O 0 CO U) V N- N V C`') M 0) •- ( V CO N 1- O O (l1 C) CO O C•) O M (0 N N O (D O N 11) O (0 O r- (OC-O 0) V NV CO CD N 0)OCr)MCC) Cn N a-- 0 r- V CO V C) O V O CO 0 (D C") '- N ,- N .- •- (D fA EA - LIDCV in V c6 cc; N N CO CV 'Cr 0010 • 0▪ 0) (O C 0) , , , N CO 0) 0 N 00 xi (D CD (D 0)1.0 N '0) N-. CT) O 1- N 4A (A, _O V 0) (D I- 00 _ ONiD EA O N CO N CO CV ch. CO- V 06 O N CD N V 0) CO (f9 O N O V O CA OCA00 n N- N V Cn O Cn (006 00_ (D 0) 0 N N (O CO n N N 69 , 0 O to N- CO , 0) (O O 0) CD vO000 NI- cc; c6 r co 0) N CD O i (- CD i O CO N n 1:1- ( N- N- D O V N CD 03 N r (D N 0 07 M CO 00 N N - r- ((0 O 0 r r (0 (O CO Csi LO h O •••••• M Cn LO N 0) r (C) 0 OD M '- 0) • * RI O O N O h V O'r-'! CV CV 0 0 co CV C) C•1 ti co I00 1 1 49 NN(9 IC`51 I (ti' 0) 0) t- ■ 0) 0) 0° CO N ( 3) ( 3- ' ! N 1- 0 CO fn CO (() V W C- C-- M Cn C- 69 07 EA `-'I EA N.- 0) Cn • , 0 CO ' (VO (VC) 0) `Cr c co r- O NC)Od (D (0 co O co O I N N CO 0) CO V (O '- CD to! (v " Cfl l 1.0 0 0 CD : M _N , 0) CD . C) , O : O . CO ,- N (D 1 0 M f` V.CD. N CO h 05; t` ; Cr) O r-- ! (V C•) 00 U) h U) C0 ! (D O r- '0I 0) N —I O. Cn ,- (f)! N ! ,- •- !C\1 'EA EA 'EA 1 , 0)I 0I (I (DI 69 N (D' V �); C7'. 69i , O 0:0) O O O r--7;c5i 3- .4-130 ✓ n N (2) m (0 co Tii d 0 U 0 d 0 s O N � C d CT C • -6 d d Q.) C a (n (n m 0 3 axi 2 0 c d C E U ` ` co E ° c d 00)) E 0 d a? . -O �t ‘1") d N 7 co c d O d Y C >.. d d N • d CO CO L C C y O > O f0 ° 01.2 @ O U (O CO °7 0) d ` -7.. O moo v, md2 (n3 �- o_� 0 cU °°0� h O @ O CO t!) .O :.0 7 C C S] • .c (0 i 0 .0 d _c (0 a O (D @ F- d d C N O 'U CO V° d 7 0 7 to C C 'o 55 c m (d) c CO a� a d co - F- o 0 a 0 0 m o ate) a 0 ~ o cdu Q n j /- JLL U CCn c 0 2 CL.) 000 Lm(nOO a w a 0 0) 1 07 °:. M ! V) i EA O C CV 0 CO N r CD O CD (!) CO CV- 00 0 0 00 CO CO 0 Cn 69 f` n (1) CO o rn, t OFFICIAL STATEMENT $4,610,000 CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION SPORTS CENTER BONDS, SERIES 1998A (BOOK ENTRY ONLY) INTRODUCTORY STATEMENT This Official Statement contains certain information relating to the City of Stillwater, Minnesota (the "City ") and its issuance of $4,610,000 General Obligation Sports Center Bonds, Series 1998A (the "Bonds" or the "Issue "). The Bonds are general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. Additional pledged sources of payment are described in the following sections. Inquiries may be directed to Mr. Nile Kriesel, Coordinator, City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota 55082 -4898, or by telephoning (612) 439 -6121. Inquiries may also be made to Springsted Incorporated, 85 East Seventh Place, Suite 100, St. Paul, Minnesota 55101 -2143, or by telephoning (612) 223 -3000. If information of a specific legal matter is desired, requests may be directed to John D. Kirby of Dorsey & Whitney LLP of Minneapolis, Bond Counsel, or by telephoning (612) 340 -5665. CONTINUING DISCLOSURE In order to permit bidders for the Bonds and other participating underwriters in the primary offering of the Bonds to comply with paragraph (b)(5) of Rule 15c2 -12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended (the "Rule "), the City will covenant and agree, for the benefit of the registered holders or beneficial owners from time to time of the outstanding Bonds, in the Bond Resolution, to provide annual reports of specified information and notice of the occurrence of certain events, if material, as hereinafter described (the "Disclosure Covenants "). The information to be provided on an annual basis, the events as to which notice is to be given, if material, and a summary of other provisions of the Disclosure Covenants, including termination, amendment and remedies, are set forth in Appendix II to this Official Statement. Breach of the Disclosure Covenants will not constitute a default or an "Event of Default" under the Bonds or the Resolution. A broker or dealer is to consider a known breach of the Disclosure Covenants, however, before recommending the purchase or sale of the Bonds in the secondary market. Thus, a failure on the part of the City to observe the Disclosure Covenants may adversely affect the transferability and liquidity of the Bonds and their market price. The City has never failed to comply in all material respects with any previous undertaking under the Rule. • (This page was left blank intentionally.) • • t • • CITY OF STILLWATER, MINNESOTA COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ALL GOVERNMENTAL FUND TYPES Year Ended December 31, 1995 (With comparative totals for the year ended December 31, 1994) Special Debt Capital T otals (Memorandum Only) General Revenue Service Projects 1995 _ 1994 Revenues: Taxes $2,021,867 ($2) $939,467 51,351,982 54,313,314 53,771,690 Licenses and permits 246,525 246,525 208,845 Fines and forfeits 129,681 129,681 102,689 Charges for services 530,155 5,950 536,105 483,451 Intergovernmental 2,078,584 69,186 1,306,572 3,454,342 2,378,867 Special assessments 1,192,734 447,399 1,640,133 3,316,426 Interest 140,771 22,860 346,308 276,657 786,596 594,120 Donations 100,075 121,834 221,909 31,428 Miscellaneous 876,412 68,367 5,000 949,779 274,453 Total revenues $6,023,995 $266,436 $2,478,509 53,509,444 $12,278,384 511,161,969 Expenditures: Current: C General government $925,580 $925.580 5886,782 (0 Public safety 2,354,670 7,235 2,361,905 2,213.622 Public works 946,034 3,635 949,669 888,969 Culture and recreation 924,544 924,544 880,606 Other 908,353 4,362 912,715 71,887 Captial outlay 473,781 296,505 770,286 292,022 Construction and acquisition costs 3,229,828 3,229,828 8,023,542 Debt service: Principal 1,476,234 1,476,234 5,115,151 Interest 1,305,238 1,305,238 1,182,409 Other 10,782 10,782 13,460 Total expenditures $5,608,418 $1,236,281 $2,792,254 $3,229,828 $12,866,781 $19,568,450 Revenue over (under) expenditures $415,577 ($969,845) (5313,745) $279,616 ($588,397) ($8,406,481) Other financing sources (uses): Bond proceeds $0 57,439,503 Sale of property 0 $635,000 Operating transfers in 273,387 1,044,016 777,219 114,000 2,208,622 2,639,948 Operating transfers out - (897,597) (105,424) (1,328,608) (2,331,629) (2,812,975) Total other financing sources (uses) ($624,210) $938,592 5777,219 ($1,214,608) ($123,007) $7,901,476 Revenues and other sources over (under) expenditures and other uses ($208,633) (531.253) $463,474 (5934,992) ($711,404) ($505,005) Fund balance, January 1 3,683,628 339,468 7,133,068 3,453,341 14,609,505 15,114,510 Residual Equity Transfer In (Out) 8,482 (8,482) 0 0 Fund balance, December 31 $3,474,995 $308,215 $7,605,024 52,509,867 $13,898,101 $14,609,505 0 TTeo TeuoTldo o..oefgns • • :TTe9 TeuoTIdO CITY OF STILLWATER, MINNESOTA COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ALL GOVERNMENTAL FUND TYPES Year Ended December 31, 1994 (With comparative totals for the year ended December 31, 1993) Special Debt Capital Totals (Memorandum Only) General Revenue Service Projects 1994 1993 Revenues: Taxes $ 1,925,154 $ 17 $ 822,509 $ 1,024,010 $ 3,771,690 $ 3,787,526 Licenses and permits 208,845 0 0 0 208,845 279,710 Fines and forfeits 102,689 0 0 0 102,689 104,537 Charges for services 473,874 6,715 0 2,862 483,451 430,377 Intergovernmental 1,970,645 78,678 0 329,544 2,378,867 2,021,575 Special assessments 0 0 2,015,602 1,300,824 3,316,426 1,462,322 Interest 110,056 14,099 310,378 159,587 594,120 377,363 Donations 0 31,428 0 0 31,428 68,857 Miscellaneous 154,084 31,934 0 88,435 274,453 300,155 Total revenues $ 4,945,347 $ 162,871 $ 3,148,489 $ 2,905,262 $ 11,161,969 $ 8,832,422 Expenditures: Current: General government $ 886,782 $ 0 $ 886,782 $ 835,651 Public safety 2,187,642 25,980 2,213,622 2,055,239 Public works 885,583 3,386 888,969 974,085 Culture and recreation 0 880,606 880,606 872,379 Other 71,887 0 71,887 56,119 Captial outlay 181,687 110,335 292,022 332,748 Construction and acquisition costs 8,023,542 8,023,542 1,474,869 Debt service: Principal 5,115,151 5,115,151 1,193,669 Interest 1,182,409 1,182,409 1,271,013 Other 13,460 13,460 9,188 Total expenditures $ 4,213,581 $ 1,020,307 $ 6,311,020 $ 8,023,542 $ 19,568,450 $ 9,074,960 Revenue over (under) expenditures $ 731,76.6_ ($ 857,436) 1$ 3,162,531) ($ 5,118,280) ($ 8,406,481) ($ 242,53.8) Other financing sources (uses): Bond proceeds $ 434,925 $ 7,004,578 $ 7,439,503 $ 4,243,929 Sale of property 635,000 635,000 Operating transfers in 165,515 892,373 1,582,060 0 2,639,948 1,945,274 Operating transfers out (924,792) (72,007) 0 _ (1,816,176) (2,812,975) (2,114,766) Total other financing sources (uses) ($ 759,277) $ 820,366 $ 2,016,985 $ 5,823,402 $ 7,901,476 $ 4,074,437 Revenues and other sources over (under) expenditures and other uses Fund balance, January 1 Fund balance, December 31 : an0 TedTouTJd :en0 zsaua}uI :paTea spuo8 V) O O C C 9) (D 3 O O O. (D N C --I O N (D 0 2 7 ir• R) B r+ - ..► (n CO C O (O -3 O t0 O L N• (0 CO -� -h C • (O N N (0 (D O O 03 O -j 0 rn N 9) 0 N O • 0) O O a 9) O. 9) r+ co (D 9) - h r•+ - 0 9) aunt ual.J.e JO uo 0 O V aTgeTTeo aue T :AlTUnI.ew a6euany sJeeA Z9'01. ($ 27,511) ($ 37,070) ($ 1,145,546) $ 705,122 ($ 505,005) $ 3,831,899 3,711,139 376,538 8,278,614 2,748,219 15,114,510 11,282,611 $ 3,683 628_ $ 33%468 $ 7,133,068 $_3,453,341 $ 14,609,505 $ 15114,510 • • 4- N N N N N N N N N N N N N N N N N N N 1 I-< 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO c• ID 03 V 03 01 as W N " 0 CO 0 003 OV 00) 01 .OP W N O 0 co NN -i 4/3 - N N 01 01 0- 1 ▪ O 0 0 01 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A .A. ✓ W CO 0) ✓ CO CO V j 0' V 0 I'££8' 0W8P L916 "Z89`£17 EE85'696`E L991'171.£`6E W O - 03 (0 W -L G3 0) G.1 V y£85' try£ ` 5£ 105Z'1L8`L£ 0000"5LL`Z I£80'ZgL`8Z L916'ZZ5`Z 17£80'LL6`5Z O 000`09Z$ L991't75t►`£Z O 000`05Z$ L991''OL`£ ti££8'S96`61 O 000`OIZ$ 0000 ' OttL ` Z L999'l98`91. O 000`SZZ$ O 000`5£Z$ L999'lZl`til L916'LLL`ll Eff 4f) 0) Eft EA EA Eft 0N) 01 Np N N W N co 0 0 0 01 01 (11 01 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ££E£'88l`Z 0000'595`6 L991'j758`L L999'9L£`L J J sgo (11 N (0 03 0 - 42. 0 •P 0 CO (O N W O • V 'CO CO V 0 01 O 0 0 W V 0 O O O 0005'Z86`£ 005L'£9L`Z L991'148`1. 005Z'll0`1 0009'L9P 0005'L9t► ZedTOUTud see SJBOA puog to (3 O C • S O. C -C 9) (D r+ < cn (D V8661. S31113S GENERAL OBUGATION SPORTS CENTER BONDS H1OS3NNIW `I:131VM11IiS AO AlJO • Sad3A alloa AO 31f1433H3S CONTINUING DISCLOSURE In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Sprinasted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 180 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated November 18, 1997 BY ORDER OF THE CITY COUNCIL /s/ Morli Weldon City Clerk • • • • CITY OF STILLWATER, MINNESOTA • * • cn MAD U W Q w O p n aQ >0) wwWO) C J Q � _ D W m U 0 > W C/) a) • U � � JW0 U. I- 0 < cll CO O -o Z 0 0 W• L-0 0 } cn w Q Z < Z mUw g (7 0 U General Fund U' <1 0. CO 0 U 0N-000rr-r-.h EAr CN *Er tCN 00 ct co r ;Tr to V �7 co a)I ONONcf) T ERr(Ot`CO r- tC)r- O ER vvcy) t` • • Nvr•-•h- NH v • cc a)-a'tf)t" 0) O 0 Nr":1-00; ('7' (-M•EtN CD- CO; COI CO r c); N; r i EA1 I 01.0000 Or 00(AI tnC000r' c6 -47 r-.- CO 0r000N.00r; t� CO Et C9 - N CO O Nt- (7V CO a) c6 0 C' *a M.cr 00.t to r� 0) Cr) C)CON V M O (o to o- a> co r-.to. -O t` N N r CO co E • O CO M O CO , r 0 ct CO 0 , 0 r CO (0 CD c0 0 to (0 Or�OLC 0 N to t. (O O t1) O O n (7 O co a) N t() N C -U)Or 69 N • M O O CO E!i N00h- CO CO to a) a)0C)00 (.6 c,-; ✓ r,- , OONO! to 0 N (O N tor a1 M r N r ▪ ti N N . (O 0 00 O 00 V M r N LO co (') O O a) to 0 N1 Mi CO C 0 ) 1 , - 0 1 0 ) C.1.1 ri O CO I ti Ee 9• 1 N. co to , co 0) r ,- '7 T- 0; -' • • 0) CO O to M CV N t` h a) N. ,-- CO r T- T.. N r r (O Ea EA 000) ' 0 N CO N ;. CO c.0 O ' r c0 N Ee Total revenues 0) E w M CD a) 0 CNi N N 00 CO co to N ti ✓ V O r- co 0 69 c0 CO O u") ER co 01 rl ($862,758) $1,182,167 CO N CO 0 00 N CO: 0'' CO n c6' O OI R.; O NI (VI! 69- N ('7' Cze (3, c71; o, CD 1 M (0 rn' 6 N 00 (0') In ' M u-) : CV O c0 1: r- O ' (V CO : co to <-1 14) a) V ✓ ao r---: (0 .4- co c+) t` V (0 V r-- N 0) tn' H9' E9,. I vi co tom ! to N ! r- 0 �� N; CO CO ! N; CO 1 CO 1 O ,-11 (0 cp..; .- to a) i v Lo 091 6 ! 69 Total expenditures Revenue over (under) expenditures 0 N ^ : 7 o U to to orn N C C CO C 0) 0) C C C (6 E t� U U 0.0. LOO O Total other financing sources (uses) 691 Fund balance, January 1 Fund balance, December 31 CITY OF STILLWATER, MINNESOTA 00000') 61" 6-0) Ln 0(0 LO N- co 0) v Tr c) (U E9 (n N CA (0 CO O • 69 CO O N. 41 Q V C0 ) Q O CO M• N. — CO (0 Q. N CO o_0 c9 v (A O O Q) (O V O Q O 1 c (� M N (0 • N • CO N O O> 69 69; > (A_ C D 7 0 (0 -- 0) O 1.0 14) 0) 04 �-.: COQ N 0) O' 0) N t0 0 0) (0 0 I- M 0) N O CO ' CA N I CAI 0) CO (O = Q) COO (C) . CV ,- Q O' 40 N O Q '. (0 (O Q CO N 7 (O CA CA CAN t`, QQ�(0 COI W' a' t0'. O 0 0) O > co �" N. N �, QOI (0 M N 0) U N N � O' O,- O) .- M N: �' < 69 r 64'' 69, TI ,5 � • K3, U (U 0 OD 0)11)0)00 tn' 00N O'' N': n'. N���. O1 C'Ai O 00 (0. (fl.. 00 (0 (O; _' Q': CON. N N O(O h.- LO N: O'' MOOop! OI co Q O' CT ,- OOO) M e- N 07 ` O CO 'O eO O ) 6. ai M OD N O N O o) ' 0.tn', : (9-,, 691 0 CO C). ER'; (U U c fD O z < CL 0LL Z z � WQWcr) cL0 aF_i0) C' W f40QM D W E W U (aI1 (�) wg0o W LL <u F-00W wDm W Z Z >- � � J cf)0� W < Z = W EE (000 0 0 15 01 011 D <11 ar a 1 m', OO..-M(O.-ON, 41 . TONOt� O M 00 O h- NO —O 0- CO, h- CA CO h- ti O. M EA 69 OOCDOtih■ CD; (n: Q. O: N CO 0) co- I: M U) (0I O • 0) M Q) Q CO CO N Q O LC) MI O I,- 0) O' O. 69 CO ' 0 69 v O 1 N , (V ' r 1- . 69' EA 69 M M CO O O N 69, • • I` (n .- (C') Q _N u) Q n o_ I- co P-' r- R o ch (n (n • CO NO (o(f- ! 0)I 6t CO Imo; co c:)) CO N O co_ (O co � t0 1� .4-_1 CAI r � O � ; Q ; (f) ' co Lo . N (O (O 0 • NCO CAOOO COI Mi 0„..; OQ Ni O (!) Mtn: Q O M Q NQ (V 0) f" 61* N-I NI MQO 'V 0 I- 0) N• O O t" O N .- (0 0 .- CO 1 0 1 0) (O 0 O) CO Q N O CO • N CO Q N N 1 (O; bN. C0 64. 69' 69 M M 6s 691 (A 69, ., (O(OONOO O' CD CO CAO Q OOQI - O (01 NI (0 .M OI- ONOO t`1 'Olt O(00 (ri (o c.1 vr (ri oil (n� QQ (n COQ O 000 M1 41 CO O N.— Q 0) O' O Q O CV ..- Cn I CV 6- 69 69! Total revenues 01 LO (D 0 c 0 E C U N N O w Y c N3`° - .0 U 7 CO ) 7 7 7 o-0D Q 0 0 W O N rn; M, toa.i Total expenditures O 1� I,- O. O 0), N CO t0' N Q C0 N - N t-0) N tO N O CO: Revenue over (under) expenditures a) c a) 0 m O N c U j U N. c O C c o a) $ `_ .c a � u) a 0 o oo 0) C C 00)0) m c7 CD _. c o (u v (0 (` ((0 F- C 0 aa a �00 a> 0 he Fund balance, January 1 and balance, December 31 • • time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. IV -12 - iii - sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on June 1, 2006, and on any day thereafter, to prepay Bonds due on or after June 1, 2007. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general Obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge available net revenues of the City's sports complex. The proceeds will be used to construct, furnish and equip a new ice arena and field house complex. TYPE OF PROPOSALS Proposals shall be for not less than $4,563,900 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $46,100, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that • • • CITY OF STILLWATER, MINNESOTA 0 z Q -) COQ w� I O Z Z W Q • w w O ?m 0 z LL w > _O CC,_ J M W .n E W U o wZ00 • 'CI LLQw • O 0 W WZ mu) LL >- WZZ Q F W J • Z W Z 2 W E. 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Z aC) 0 -O C o co 0 a) a) 00 C • y C CD • C O O 1•0 > CO .0 .0 - 4)I - _JLJ0 Total revenues w -ii- iV -13 Total expenditures Revenue over (under) expenditures N 0 U C 0 ON O O CO N 0 0) N cm O 00 • f0 CD 00 Total other financing sources (uses) O O 4. 69 oil 1i 6911 0): NI 69� CO 0- N 1•v 6911! 0 0 Cn ti) CU co U 0) t 0 L C o C0 CIS 7-5 C • 0. > 0 ai 0) O'I 01 N • ' - (D ,' r- Ch f` CO COI C) C), �. 69;' Fund balance, January 1 Fund balance, December 31 CITY OF STILLWATER, MINNESOTA COMBINED STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS ALL PROPRIETARY FUND TYPES AND COMPONENT UNIT Year Ended December 31, 1996 (With comparative totals for the year ended December 31, 1995) Primary Government Component Unit Totals (Memorandum only) Reporting Entity Operating revenues: Charges for services $2,632,788 $711,465 $3,344,253 Other 82,810 43,147 125,957 Total operating revenues $2,715,598 $754,612 $3,470,210 Operating expenses: Personnel services Repairs and supplies Contractual services Utilities Truck expense Professional services Parking lot leases Administration charges Depreciation: On purchased assets On contributed assets Servicing customer installations Office supplies and postage Engineering services Miscellaneous Total operating expenses Operating income (loss) $284,153 $59,208 $2,357,715 $31,724 $43,992 $18,558 $55,514 $45,914 $118,160 $3,754 $33,178 7,504 $3,059,374 ($343,776) $329,014 $107,352 $56,732 S5,080 S5,650 $66,942 $85,901 $31,806 $10,756 28,544 $727,777 $26,835 $613,167 166,560 2,357,715 88,456 49,642 18,558 55,514 0 112,856 204,061 31,806 14,510 33,178 36,048 $3,782,071 ($311,861) Nonoperating revenues (expenses): Interest income $79,189 S43,538 $122,727 Loss on disposal of fixed assets (3,494) (3,494) Other 43,901 43,301 87,202 Nonoperating revenues (expeneses), net $123,090 $83,345 $206,435 Net (loss) before operating transfers ($220,686) $110,180 ($105,426) Other increases (decreases): Operating transfers in Operating transfer (out) Total other increases (decreases) Net income (loss) Credit for transfer to retained eamings for depreciation on contributed assets Net increase (decrease) in retained earnings Retained earnings, January 1 Retained earnings, December 31 89,098 89,098 - 0 $89,098 SO $89,098 ($131,588) $110,180 ($16,328) 118,160 85,901 204,061 ($13,428) $196,081 182,653 2,366,372 2,259,995 4,626,367 $2,352,944 52,456,076 $4,809,020 • THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $4,610,000 CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION SPORTS CENTER BONDS, SERIES 1998A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, December 16, 1997 until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223 -3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223 -3000 or fax (612) 223 -3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach • Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one -hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 500 Main Street, Suite 1010, Fort Worth, TX 76102, telephone (817) 885 -8900. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. • * DETAILS OF THE BONDS The Bonds will be dated January 1, 1998, as the date of original issue, and will bear interest payable on June 1 and December 1 of each year, commencing June 1, 1998. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature June 1 in the years and amounts as follows: 1999 $330,000 2000 $225,000 2001 $235,000 2002 $215,000 2003 $225,000 2004 $240,000 2005 $250,000 2006 $260,000 2007 $235,000 2008 $225,000 2009 $240,000 2010 $250,000 2011 $260,000 2012 $175,000 2013 $180,000 2014 $190,000 2015 $200,000 2016 $215,000 2017 $225,000 2018 $235,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory (This page was left blank intentionally.) • • CITY OF STILLWATER, MINNESOTA COMBINED STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS ALL PROPRIETARY FUND TYPES Year Ended December 31, 1995 (With comparative totals for the year ended December 31, 1994) 1995 1994 Operating revenues: Charges for services $3,169,856 $3,041,278 Other 46,564 46,461 Total operating revenues $3,216,420 $3,087,739 Operating expenses: Personnel services $526,416 $530,014 Repairs and supplies 107,728 110,270 Contractual services 2,330,159 2,238,378 Utilities 99,655 92,049 Truck expense 6,059 13,373 Professional services 45,330 0 Parking lot leases 16,908 16,908 Administration charges 44,186 43,109 Depreciation: III On purchased assets 99,551 98,055 On contributed assets 200,749 175,647 Servicing customer installations 29,133 34,465 Office supplies and postage 13,818 12,836 Engineering services 14,904 5,301 Miscellaneous 22,736 14,156 Total operating expenses $3,557,332 $3,384,561 Operating Toss ($340,912) ($296,822) Nonoperating revenues (expenses): Interest income $126,434 $85,019 Loss on disposal of fixed assets (18,383) (5,190) Other 70,942 96,818 Nonoperating revenues (expeneses), net $178,993 $176,647 Net (loss) before operating transfers ($161,919) ($120,175) Other increases (decreases): Operating transfer from: Captial Projects Fund $9,300 $2,556 Debt Service 0 General Fund 55,000 115,615 Special Revenue Fund 58,707 72,007 Operating transfer to: Debt Service Fund (17,151) Net income (loss) ($38,912) 552,852 Credit for transfer to retained earnings for depreciation on contributed assets 200,749 175,647 a Net increase in retained earnings Retained earnings, January 1 Retained earnings, December 31 $161,837 228,499 4,464,557 _ _ 4,236,058 $4,626394 $4,464L557 CITY OF STILLWATER, MINNESOTA COMBINED STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS ALL PROPRIETARY FUND TYPES Year Ended December 31, 1994 (With comparative totals for the year ended December 31, 1993) 1994 1993 Operating revenues: Charges for services $ 3,041,278 $ 2,956,232 Other 46,461 72,374 Total operating revenues $ 3,087,739 $ 3,028,606 Operating expenses: Personnel services $ 530,014 $ 483,686 Repairs and supplies 110,270 117,075 Contractual services 2,238,378 2,071,689 Utilities 92,049 112,205 Truck expense 13,373 11,318 Professional services 0 27,542 Parking lot leases 16,908 16,908 Administration charges 43,109 42,057 Depreciation: On purchased assets 98,055 98,107 On contributed assets 175,647 175,503 Servicing customer installations 34,465 25,534 Office supplies and postage 12,836 12,611 Engineering services 5,301 1,543 Miscellaneous 14,156 12,129 Total operating expenses $ 3,384,561 $ 3,207,907 Operating Toss ($ 296,822) ($ 179,301) Nonoperating revenues (expenses): Interest income $ 85,019 $ 68,505 Interest expense 0 (197) Loss on disposal of fixed assets (5,190) (3,354) Other 96,818 108,864 Nonoperating revenues (expeneses), net $ 176,647 $ 173,818 Net income (loss) before operating transfers ($ 120,175) ($ 5,483) Other increases (decreases): Operating tranfser from: Captial Projects Fund $ 2,556 $ 47,751 General Fund 115,615 105,943 Special Revenue Fund 72,007 50,100 Operating tranfser to: Debt Service Fund (17,151) (34,302) Net income $ 52,852 $ 164,009 Credit for transfer to retained earnings for depreciation 175,647 175,503 Net increase in retained earnings Retained earnings, January 1 Retained earnings, December 31 $ 228,499 4,236,058 $ 4,464,557 • • TABLE OF CONTENTS Page(s) Terms of Proposal i -iv Schedule of Bond Years v Introductory Statement 1 Continuing Disclosure 1 The Bonds 2 -3 Authority and Purpose 4 Security and Financing 4 Future Financing 4 Litigation 4 Legality 5 Tax Exemption 5 -6 Bank - Qualified Tax - Exempt Obligations 6 • • Rating 6 Financial Advisor 6 Certification 7 City Property Values 8 City Indebtedness 9 -12 City Tax Rates, Levies and Collections 12 Funds On Hand 12 Cash and Investments 13 General Information Concerning the City 13 -15 Governmental Organization and Services 16 -17 339,512 • 3,896,546 $ 4,236,058 • Proposed Form of Legal Opinion Appendix I Summary of Tax Levies, Payment Provisions, and Minnesota Real Property Valuation Appendix II Continuing Disclosure Covenants Appendix II Annual Financial Statements Appendix III Proposal Forms Inserted For purposes of compliance with Rule 15c2 -12 of the Securities and Exchange Commission, this document, as the same may be supplemented or corrected by the Issuer from time to time (collectively, the "Official Statement "), may be treated as an Official Statement with respect to the Obligations described herein that is deemed final as of the date hereof (or of any such supplement or correction) by the Issuer, except for the omission of certain information referred to in the succeeding paragraph. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Obligations, together with any other information required by law, shall constitute a "Final Official Statement" of the Issuer with respect to the Obligations, as that term is defined in Rule 15c2 -12. Any such addendum shall, on and after the date thereof, be fully incorporated herein and made a part hereof by reference. By awarding the Obligations to any underwriter or underwriting syndicate submitting a Proposal therefor, the Issuer agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Obligations are awarded copies of the Official Statement and the addendum or addenda described in the preceding paragraph in the amount specified in the Terms of Proposal. The Issuer designates the senior managing underwriter of the syndicate to which the Obligations are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a Proposal with respect to the Obligations agrees thereby that if its bid is accepted by the Issuer (1) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Obligations for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. No dealer, broker, salesman or other person has been authorized by the Issuer to give any information or to make any representations with respect to the Obligations, other than as contained in the Official Statement or the Final Official Statement, and if given or made, such other information or representations must not be relied upon as having been authorized by the Issuer. Certain information contained in the Official Statement and the Final Official Statement may have been obtained from sources other than records of the Issuer and, while believed to be reliable, is not guaranteed as to completeness or accuracy. THE INFORMATION AND EXPRESSIONS OF OPINION IN THE OFFICIAL STATEMENT AND THE FINAL OFFICIAL STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF THE OFFICIAL STATEMENT OR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE UNDER EITHER SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE HAS BEEN NO CHANGE IN THE AFFAIRS OF THE ISSUER SINCE THE DATE THEREOF. References herein to laws, rules, regulations, resolutions, agreements, reports and other documents do not purport to be comprehensive or definitive. All references to such documents are qualified in their entirety by reference to the particular document, the full text of which may contain qualifications of and exceptions to statements made herein. Where full texts have not been included as appendices to the Official Statement or the Final Official Statement, they will be furnished on request. • • • • • • • • OFFICIAL STATEMENT DATED DECEMBER 1, 1997 Rating: Requested from Moody's •EW ISSUE Investors Service In the opinion of Dorsey & Whitney LLP, Bond Counsel, on the basis of laws in effect on the date of issuance of the Bonds, interest on the Bonds is not includable in gross income of the recipient for federal income tax purposes or in taxable net income of individuals, estates and trusts for Minnesota income tax purposes, but is includable in taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax. (See "Tax Exemption" herein.) $4,610,000 City of Stillwater, Minnesota General Obligation Sports Center Bonds, Series 1998A (Book Entry Only) Dated Date: January 1, 1998 Interest Due: Each June 1 and December 1, commencing June 1, 1998 The Bonds will mature June 1 as follows: 1999 $330,000 2000 $225,000 2001 $235,000 2002 $215,000 2003 $225,000 2004 $240,000 2005 $250,000 2006 $260,000 2007 $235,000 2008 $225,000 2009 $240,000 2010 $250,000 2011 $260,000 2012 $175,000 2013 $180,000 2014 $190,000 2015 $200,000 2016 $215,000 2017 $225,000 2018 $235,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to Ole maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. The City may elect on June 1, 2006, and on any day thereafter, to prepay the Bonds due on or after June 1, 2007 at a price of par plus accrued interest. The Bonds will be general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge available net revenues of the City's sports complex. Proposals shall be for not Tess than $4,563,900 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a good faith deposit in the form of a certified or cashier's check or Financial Surety Bond, in the amount of $46,100 payable to the order of the City. Proposals shall specify rates in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. The Bonds will be awarded on the basis of True Interest Cost (TIC). The Bonds will be bank - qualified tax - exempt obligations pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, and will not be subject to the alternative minimum tax for individuals. The Bonds will be issued as fully registered Bonds without coupons and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company (the "Depository"). The Depository will act as securities depository of the Bonds. Individual purchases may be made in book entry form only, in the principal amount of $5,000 and integral multiples thereof. Purchasers will not receive certificates representing their interest in the Bonds purchased. (See "Book Entry System" herein.) Bonds will be available for delivery at the Depository within 40 days following the date of the award of the Bonds. Norwest Bank Minnesota, National Association will act as Registrar for the Bonds. PROPOSALS RECEIVED: December 16, 1997 (Tuesday) until 11:00 A.M., Central Time AWARD: December 16, 1997 (Tuesday) at 7:00 P.M., Central Time • • SPRINGSTED Public Finance Advisors Further information may be obtained from SPRINGSTED Incorporated, Financial Advisor to the Issuer, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101 (612) 223 -3000 • • RESOLUTION NO. 97- ADOPTING THE FINAL TAX LEVY FOR THE YEAR 1998 Be it Resolved by the City Council of the City of Stillwater, Minnesota, that the sum of $4,216,986 and the same is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota for City purposes for the year 1998. Adopted by the City Council this 16th day of December, 1997. Attest: City Clerk Mayor • • MEMORANDUM TO: Mayor and City Council FROM: Diane Debion, Finance Director DATE: December 11, 1997 SUBJECT: 1998 Budget The tax levy and budget are as proposed at the Truth in Taxation meeting. As requested by the City Engineer, I would make the recommendation to change only the 1998 sewer fund budget for the following additions of capital outlay. The sewer fund items are: One -Ton Truck $30,000 Aiple Lift Station 15,000 Lily Lake Lift Station 15,000 Myrtle Street Lift Station 30,000 Total: $90,000 These will not be paid with bond funds, but will be paid with sewer fund revenues. RESOLUTION NO. 97- ADOPTING THE FINAL BUDGET FOR THE YEAR 1998 Be it Resolved by the City Council of the City of Stillwater, Minnesota, that the proposed operating budget for the General Fund is hereby adopted for the year 1998 with revenues and expenditures in the amount of $6,497,274. Adopted by the City Council this 16t day of December, 1997. Attest: City Clerk Mayor • • • MEMO TO: Mayor and Council FROM: Klayton H. Eckles City Engineer DATE: 12/12/97 SUBJECT: Annexation Area AUAR Storm Water Feasibility Study Project 9626C DISCUSSION: Attached is a copy of the storm water feasibility study by Bonnestro and Associates. The report describes three phases of improvements that deal with Long Lake flooding, diversion of runoff to Lake McKusick, and Browns Creek reconstruction. These improvements are necessary to reduce Long Lake flooding and to mitigate for impacts to trout stream from future development. The estimated total cost for the various phases of construction are follows: Phase I — Long Lake Improvements Phase II — Diversion System Phase III — Creek Diversion (Option 3) Downtown Storm Sewer Improvements TOTAL $492,648.00 377,922.00 1,670,635.00 280,000.00 $2,821,205.00 These numbers assume that the less expensive options are chosen for the diversion system and the creek reconstruction. Using the more expensive options would add over $500,000 to the project cost. All of the costs associated with these improvements are proposed to be recaptured by charging new development within the expansion area. By phasing the construction, the improvements will occur as development occurs. Therefore, the City will not need for finance a huge storm water project prior to any development taking place. In addition to all of the above improvements shown here, development that takes place within the annexation area will have to have storm water control systems installed which meet the requirements of the AUAR of the individual developments. Looking at the total area that may develop within the annexation area, it appears that 830 acres could develop in the next 15 years. If the total project cost is spread evenly over the 830 acres of developable property, the cost of this project would amount to approximately $3,500 per acre. As each new development comes in for approval and subdivision the City could require that the $3,500 per acre be paid up front to recoup the costs. Additional information will be available at the meeting. Bonestroo will present the report for Council information and approval. RECOMMENDATION: Staff recommends Council accept the report and adopt the storm sewer area charge concept as the method for recouping these storm sewer costs. ACTION REQUIRED: If Council concurs with the recommendation they should pass a motion adopting a resolution accepting the feasibility report and the financing method to recoup the costs of this improvement. • • DAVID T. MAGNUSON MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • SUITE #202 • P.O. Box 438 • STILLWATER, MN 55082 TELEPHONE: (612) 439-9464 • TELECOPIER: (612) 439-5641 MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson, Stillwater City Attorney DATE: December 15, 1997 RICHARD D. ALLEN SUBJECT: Development Agreements for trunk, sewer and water, The Legends of Stillwater, and Liberty of Long Lake These Development Agreements have been reviewed by City Staff and are as complete as we can make them with available information. We will need to fine tune the Agreements by computing the net developable acreage for purposes the trunk, sewer and water oversizing credit and also for determining the anticipated storm water benefit that will be used to off -set the oversizing work on the trunk, sewer and water that will be done by the Developers. City Staff will be prepared to discuss this further with the Council at Tuesday's meeting. Please call me if you have any questions. DTM/ds Enclosures • • December 12, 1997 DEVELOPMENT AGREEMENT RELATING TO THE LEGENDS OF STILLWATER BY AND BETWEEN CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND PEMTOM LAND COMPANY AND JAMES AND ILO STALOCH This agreement was drafted by: David T. Magnuson, #66400 Magnuson Law Firm 333 North Main Street Suite 202 P.O. Box 438 Stillwater, MN 55082 612/439 -9464 • • TABLE OF CONTENTS SECTION 1 RECITALS Section 1.01. The Property 1 Section 1.02. Public Improvements 1 Section 1.03. Public Improvements; Plans, Specifications 1 Section 1.04. Public Improvements; Warranty 1 SECTION 2 DEVELOPER'S REPRESENTATIONS Section 2.01. No Disability 2 Section 2.02. Execution No Violation 2 Section 2.03. Litigation 2 Section 2.04 Compliance 2 SECTION 3 PUBLIC IMPROVEMENT SCHEDULE Section 3.01. Separate Phases 2 Section 3.02. Selection and Control of Contractors 2 Section 3.03. Contracts for Work 2 Section 3.04. Dedication of Work 3 SECTION 4 SECURITY Section 4.01. Consultant Fees and Charges 3 Section 4.02. Public Improvement Costs Security 3 SECTION 5 DEVELOPERS' RESPONSIBILITY Section 5.01. Easements 4 Section 5.02. Inspection 4 Section 5.03. Engineering Data 4 Section 5.04. Erosion Control Measures During Construction 4 Section 5.05. City Regulations 4 Section 5.06. Damage to City Facilities 5 i SECTION 6 INSURANCE Section 6.01. Insurance 5 SECTION 7 MODEL HOMES Section 7.00. Model Homes 6 SECTION 8 INDEMNIFICATION Section 8.01. Indemnification 6 Section 8.02. Enforcement by City; Damages 6 SECTION 9 EVENTS OF DEFAULT Section 9.01. Events of Default Defined 6 Section 9.02. Remedies on Default 7 SECTION 10 ADMINISTRATIVE PROVISIONS Section 10.01. Notices 7 SECTION 11 ADDITIONAL PROVISIONS Section 11.01. Titles of Sections 8 Section 11.02. Counterparts 8 Section 11.03. Modification 8 Section 11.04. Law Governing 8 Section 11.05. Severability 8 SECTION 12 TERMINATION OF AGREEMENT Section 12.01. Termination 8 TESTIMONIUM SIGNATURES ii • • EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" TO BE SUPPLIED TO BE SUPPLIED Security and Disbursement Agreement iii • DEVELOPMENT CONTRACT THIS AGREEMENT, made this day of , 1997, between the City of Stillwater, a political subdivision of the State of Minnesota, ( "City "), and the Pemtom Land Company, a Minnesota corporation, Westwood Professional Building, 14180 Highway 5, Eden Prairie, Minnesota 55344 ( "Pemtom "), and James and Ilo Staloch, 12394 North 62°' Street, Stillwater, Minnesota 55082, collectively, (the "Developers "); WITNESSETH THAT, the parties hereto recite and agree as follows: Section 1. Recitals. 1.01. The Property. The Developers now own the property described in the attached Exhibit "A" comprising 74.77 acres located in the City of Stillwater, Washington County, Minnesota. They propose to subdivide the property and construct or cause to be constructed one hundred fifty (150) single family homes. 1.02. Public Improvements. The Developers have requested that they, at their expense, be allowed to prepare plans and specifications and to award contracts to construct the streets, water, sewer and any other improvements necessary to serve the property area ( "Public Improvements "). The City is willing to allow the Developers to construct and install the Public Improvements, only if the conditions set forth in this Agreement are satisfied. 1.03. Public Improvements: Plans. Specifications. The City agrees to authorize Klayton Eckles, P.E., the City Engineer, to review and approve the plans and specifications prepared by the Developers for the Public Improvements. The specifications must be both to City standards and the rules and regulations of the Board of Water Commissioners. Approval by the City Engineer of the plans and specifications for the Public Improvements is a condition of this Agreement. A description of the public improvements and estimates of costs is attached as Exhibit "B ". 1.04. Public Improvements. Warranty. Developers agree that the work will be done in a workmanlike manner; that all materials and labor will be in strict conformity to the specifications and any requirements set forth by the City. All work done pursuant to this contract is subject to the inspection and approval of the City Engineer, who shall have the authority to suspend or stop work on the project if any condition of this contract is breached or any law or administrative rule is violated. If any material or labor that is supplied is rejected by the City Engineer as defective or unsuitable, then the rejected materials must be removed and replaced with approved material, and the rejected labor shall be done anew to the satisfaction and approval of the City Engineer at the sole cost and expense of the Developers. This warranty will extend 1 • for one year beyond the final acceptance of the Public Improvements by the City. Section 2. Developers' Representations. The Developers represent to the City that as of the date of this Agreement, the statements set forth in this section are true. 2.01. No Disability. The Developers know of no legal disability that would prevent them from carrying out this Agreement. 2.02. Execution No Violation. The execution, delivery and performance of this Agreement do not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developers are a party. 2.03. Litigation. There are no pending or, to the knowledge of the Developers, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developers or the ability of the Developers to perform their obligations under this Agreement. 2.04. Compliance. The Developers will comply with and promptly perform all of its obligations under this Agreement and all related documents and instruments. Section 3. Public Improvement Schedule. The Developers will install improvements in phases and while the phasing schedule has not been decided upon by the Developers, this Agreement will control each phase. 3.01. Separate Phases. Approval by the City will be required before construction may begin on any phase and separate Security as described in this Agreement must be provided for the City with regard to each phase, and a schedule for completion of the phase must be agreed upon. In the event that Developers fail to complete any element of the work according to the completion schedule, the City, at its option, will have the right to draw upon any Security provided pursuant to §4 of this Agreement for the costs associated with completion of the Public Improvements for that phase. Upon satisfactory completion of the work, the City will have the right to terminate this Agreement and abandon further work on the Public Improvements and release the Developers' Security except for amounts retained for one (1) year beyond completion of the work. 3.02. Selection and Control of Contractors. The City and the Developers must review and jointly approve all bids for the Public Improvements and the selection of any contractors who will work on the Public Improvements. 3.03. Contracts for Work. Any contract awarded by the Developers for work on the Public Improvements must contain the following provision: 2 • • "Failure to Perform. The Developers (Owners) may by written notice to the contractor immediately terminate their contract in any of the following circumstances: 1. Failure to make satisfactory progress toward completion of this contract and contractor has been given three (3) notices by Owner and has failed in each case to correct a delay within seventy -two (72) hours of notice. 2. Failure to meet specifications or correct deficiencies and the contractor has been given three (3) notices by Owner and has failed in each case to meet specifications or correct deficiencies within seventy -two (72) hours of notice." 3.04. Dedication of Work. Each element of the Public Improvements will become as a matter of law, dedicated to the public upon acceptance of the completed work by the City Engineer and the Developers will be deemed to have no right, title or interest in or upon any element of the dedicated Public Improvements. Section 4. Security. 4.01. Consultant Fees and Charges. The Developers will pay to the City as reimbursement for consultant fees incurred by the City in behalf of or at the request of the Developers, including the costs of engineering, legal and testing services, oversight and inspection of grading, erosion control, wetland restoration and any other development related improvement as well as reasonable administrative expenses associated with the review of the plans and specifications and inspection and supervision of construction and reinspection for one (1) year beyond the acceptance of the completed work. In no event will the City have the right to collect any fees or charges that exceed four percent (4 %) of actual construction costs. 4.02. Public Improvement Costs Security. Prior to beginning work on any phase, Developers must furnish to the City a Security and Disbursement Agreement issued by a bank previously approved by the City in the form attached as Exhibit "B" that will guarantee payment of the cost of Public Improvements and performance of the Developers' obligations contained in this Agreement at a cost of no less than on hundred twenty -five percent (125 %) of the estimated cost of the work. The amount of any Security will be reduced by an amount equal to the amount which has disbursed to any contractor for construction of the Public Improvements, except that at least twenty percent (20 %) of the Security must remain available to the City for a period of one year beyond the completion date of the Public Improvements. 3 • • Section 5. Developers' Responsibility. 5.01. Easements. The Developers must furnish to the City upon request and without charge, all permanent easements over property owned or controlled by them as designated in the plans and specifications, and deeds to property deemed necessary by the City for the location, construction, installation and operation of the Public Improvements, in form and content satisfactory to the City. 5.02. Inspection. Developers must provide a full time Inspector on -site during work on the Public Improvements, the Inspector must have experience and credentials that, in the opinion of the City Engineer, are appropriate for the nature of the work. 5.03. Engineering Data. The Developers, through their Engineer, must provide all staking, surveying and other information required by the City Engineer, to assist the City Engineer in his duties in order to insure that the complete improvements conform to the approved plans and specifications. 5.04. Erosion Control Measures During Construction. Developers agree that they will construct erosion control devices in conformance with the approved Construction Plans for the Public Improvements. This plan must protect any adjacent ponds and wetlands from erosion, pollution and siltation throughout the construction of the Public Improvements and must be approved by the City Engineer and Washington County Soil and Water Service. Any deficiency must be corrected within seventy -two (72) hours or the City may draw upon the Security provided under §4.02 of this Agreement. 5.05. City Regulations. Developers acknowledge that the property is regulated by the City and that a default under City ordinances or condition of approval of any permit is a default as defined in this agreement, including: (a) A Wetland Mitigation Plan must be prepared and approved by the City Engineer. (b) A grading and erosion control plan must be approved by City Engineer. (c) A national pollution discharge elimination system general storm water permit for construction activity must be obtained from the MPCA before grading begins. (d) Upon completion of the work, the Developers must provide the City with Mylar Plan Sheets, construction drawing records and Auto CADD computer files showing the sewer and water service stub inverts and water stop boxes. The plans must show the locations, elevations, length, sizes and makes of all sanitary sewers 4 • • storm sewers and water mains as measured in the field during and after construction. (e) Compliance with any mitigation measures required by the AUAR Mitigation Plan. (f) The Developers must comply with all conditions of plat approval imposed by the City. (g) Before beginning work on the Public Improvements for any phase, the Developers must have satisfied any City park dedication requirements whether by land dedication or payment in lieu of dedication. (h) Pay to the City, before building permits are issued, for any structure within the development and sewer or water availability charges and any oversizing or hook- up charges imposed by the City. 5.06. Damage to City or County Facilities. The Developers will be responsible for any damage caused to any City or County facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Developers, their contractors, agents or employees and for any repair or clean up costs or expenses incurred by the City or County in taking remedial action. Section 6. Insurance. 6.01. Insurance. Developers and their contractors will provide and maintain or cause to be maintained at all times during the process of constructing the Public Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (a) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above - required limits, an umbrella excess liability policy may be used), and shall be endorsed to show the City as an additional insured to the extent of its interest. (b) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles involved in work on the Public Improvements, in the minimum amount for each occurrence of $1,000,000, and shall be endorsed to show the City as an additional insured to the 5 • • extent of its interest. (c) Workers' Compensation insurance respecting all employees in amounts not less than the minimum required by statute. Section 7. Model Homes. Developers will have the right to construct, before a full range of municipal services are available, up to five (5) model homes within the Development. No certificate of occupancy will be issued for the model homes that will be used only for marketing the Development and not for occupancy. The Developers will be responsible at no risk to the City for placing a model home within a setback that will eventually conform to City ordinances and at an elevation that will be integrated properly with street, utilities and drainage patterns for the completed Development. In all events, however, the Uniform Building Code and Life Safety Code must be followed and the Life Safety approved by the City Fire Chief before allowing the public access to a model. The Developers will be solely responsible for any damage to paved City streets or any other City or County facilities. Section 8. Indemnification. 8.01. Indemnification. Developers agree to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developers, their employees and agents, in connection with the Public Improvements. 8.02. Enforcement by City; Damages. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or all of its obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that the expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. Section 9. Events of Default. 9.01. Events of Default Defined. The following will be "Events of Default" under this Agreement and the term "Event of Default" will means, whenever it is used in this Agreement, any one or more of the following events: (a) Failure by Developers to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this 6 • • Agreement. (b) Failure by Developers to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. 9.02. Remedies on Default. Whenever any Event of Default occurs, the City may take any one or more of the following actions: (a) Suspend work on the project and its performance under the Agreement until it receives assurances from Developers, deemed adequate by the City, that Developers will cure its default and continue its performance under the Agreement. (b) Take action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developers or under the Security described in §4.02. (c) Undertake to complete the public improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the Security described in §4.02 for the full amount of the estimated work. Section 10. Administrative Provisions. 10.01. Notices. All Notices, certificates or other communications required to be given to the City and the Developers must be sufficiently given and will be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: If to Developers: Nile Kriesel, Coordinator City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Pemtom Land Company Westwood Professional Building 14180 Highway 5 Eden Prairie, MN 55344 James and Ilo Staloch 12394 North 62nd Street Stillwater, MN 55082 7 • • The City and the Developers by notice given to the other, may designate different addresses to which subsequent notices, certificates or other communications will be sent. Section 11. Additional Provisions. 11.01. Titles of Sections. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 11.02. Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. 11.03. Modification. If Developers are requested by the Holder of a Mortgage or by a prospective Holder of a prospective Mortgage to amend or supplement this Agreement in any manner whatsoever, the City will, in good faith, consider the request, provided that the request is consistent with the terms and conditions of this Agreement. 11.04. Law Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 11.05. Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, holding will not invalidate or render unenforceable any other provisions. Section 12. Termination of Agreement. 12.01. Termination. This Agreement will terminate at the time all of the Developers' obligations have been fulfilled and when the cost of the Public Improvements have been paid in full and any default of the Developers has been cured, or one (1) year after acceptance of the Public Improvements by the City, whichever occurs later. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developers have executed this Agreement at Stillwater, Minnesota, the day and year first above written. CITY OF STILLWATER By: (SEAL) Jay L. Kimble, Its Mayor and Morli Weldon, Its City Clerk • • DEVELOPER PEMTOM LAND COMPANY By , Its President James Staloch Ilo Staloch STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 1997, before me, a Notary Public within and for said County, appeared Jay L. Kimble and Morli Weldon, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 1997, before me, a Notary Public within and for said County, appeared , to me personally known, who, being duly sworn, did say that he is the President of Pemtom Land Company, one of the Developers named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. 9 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 1997, before me, a Notary Public within and for said County, appeared James Staloch and Ilo Staloch, to me personally known, who, being duly sworn, did say that they are one of the Developers named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public • • • December 15, 1997 DEVELOPMENT AGREEMENT RELATING TO LIBERTY ON LONG LAKE BY AND BETWEEN CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND CONTRACTOR PROPERTY DEVELOPERS COMPANY AND ROBERT AND PAULA KROENING This agreement was drafted by: David T. Magnuson, #66400 Magnuson Law Firm 333 North Main Street Suite 202 P.O. Box 438 Stillwater, MN 55082 612/439 -9464 • • TABLE OF CONTENTS SECTION 1 RECITALS Section 1.01. The Property 1 Section 1.02. Public Improvements 1 Section 1.03. Public Improvements; Plans, Specifications 1 Section 1.04. Public Improvements; Warranty 1 SECTION 2 DEVELOPER'S REPRESENTATIONS Section 2.01. No Disability 2 Section 2.02. Execution No Violation 2 Section 2.03. Litigation 2 Section 2.04 Compliance 2 SECTION 3 PUBLIC IMPROVEMENT SCHEDULE Section 3.01. Separate Phases 2 Section 3.02. Selection and Control of Contractors 2 Section 3.03. Contracts for Work 3 Section 3.04. Dedication of Work 3 SECTION 4 SECURITY Section 4.01. Consultant Fees and Charges 3 Section 4.02. Public Improvement Costs Security 3 SECTION 5 DEVELOPERS' RESPONSIBILITY Section 5.01. Easements 4 Section 5.02. Inspection 4 Section 5.03. Engineering Data 4 Section 5.04. Erosion Control Measures During Construction 4 Section 5.05. City Regulations 4 • Section 5.06. Damage to City Facilities 5 i • • • SECTION 6 INSURANCE Section 6.01. Insurance 5 SECTION 7 MODEL HOMES Section 7.00. Model Homes 6 SECTION 8 INDEMNIFICATION Section 8.01. Indemnification 6 Section 8.02. Enforcement by City; Damages 6 SECTION 9 EVENTS OF DEFAULT Section 9.01. Events of Default Defined 6 Section 9.02. Remedies on Default 7 SECTION 10 ADMINISTRATIVE PROVISIONS Section 10.01. Notices 7 SECTION 11 ADDITIONAL PROVISIONS Section 11.01. Titles of Sections 8 Section 11.02. Counterparts 8 Section 11.03. Modification 8 Section 11.04. Law Governing 8 Section 11.05. Severability 8 SECTION 12 TERMINATION OF AGREEMENT Section 12.01. Termination 8 TESTIMONIUM SIGNATURES ii • • EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" TO BE SUPPLIED TO BE SUPPLIED Security and Disbursement Agreement iii • • DEVELOPMENT CONTRACT THIS AGREEMENT, made this day of , 1997, between the City of Stillwater, a political subdivision of the State of Minnesota, ( "City "), and the Contractor Property Developers Company, a Minnesota corporation, Westwood Professional Building, 9110 - 83`d Avenue North, Brooklyn Park, Minnesota 55445 ( "CPDC "), and Robert and Paula Kroening, 12480 North '72nd Street, Stillwater, Minnesota 55082, collectively, (the "Developers "); WITNESSETH THAT, the parties hereto recite and agree as follows: Section 1. Recitals. 1.01. The Property. The Developers now own the property described in the attached Exhibit "A" comprising 171.67 acres located in the City of Stillwater, Washington County, Minnesota. They propose to subdivide the property and construct or cause to be constructed three hundred fifty (350) single family homes on approximately 145.6 acres and commercial uses on approximately 6.2 acres. 1.02. Public Improvements. The Developers have requested that they, at their expense, be allowed to prepare plans and specifications and to award contracts to construct the streets, water, sewer and any other improvements necessary to serve the property area ( "Public Improvements "). The City is willing to allow the Developers to construct and install the Public Improvements, only if the conditions set forth in this Agreement are satisfied. 1.03. Public Improvements: Plans. Specifications. The City agrees to authorize Klayton Eckles, P.E., the City Engineer, to review and approve the plans and specifications prepared by the Developers for the Public Improvements. The specifications must be both to City standards and the rules and regulations of the Board of Water Commissioners. Approval by the City Engineer of the plans and specifications for the Public Improvements is a condition of this Agreement. A description of the public improvements and estimates of costs is attached as Exhibit "B ". 1.04. Public Improvements, Warranty. Developers agree that the work will be done in a workmanlike manner; that all materials and labor will be in strict conformity to the specifications and any requirements set forth by the City. All work done pursuant to this contract is subject to the inspection and approval of the City Engineer, who shall have the authority to suspend or stop work on the project if any condition of this contract is breached or any law or administrative rule is violated. If any material or labor that is supplied is rejected by the City Engineer as defective or unsuitable, then the rejected materials must be removed and replaced with approved 1 • • material, and the rejected labor shall be done anew to the satisfaction and approval of the City Engineer at the sole cost and expense of the Developers. This warranty will extend for one year beyond the final acceptance of the Public Improvements by the City. Section 2. Developers' Representations. The Developers represent to the City that as of the date of this Agreement, the statements set forth in this section are true. 2.01. No Disability. The Developers know of no legal disability that would prevent them from carrying out this Agreement. 2.02. Execution No Violation. The execution, delivery and performance of this Agreement do not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developers are a party. 2.03. Litigation. There are no pending or, to the knowledge of the Developers, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developers or the ability of the Developers to perform their obligations under this Agreement. 2.04. Compliance. The Developers will comply with and promptly perform all of its obligations under this Agreement and all related documents and instruments. Section 3. Public Improvement Schedule. The Developers will install improvements in phases and while the phasing schedule has not been decided upon by the Developers, this Agreement will control each phase. 3.01. Separate Phases. Approval by the City will be required before construction may begin on any phase and separate Security as described in this Agreement must be provided for the City with regard to each phase, and a schedule for completion of the phase must be agreed upon. In the event that Developers fail to complete any element of the work according to the completion schedule, the City, at its option, will have the right to draw upon any Security provided pursuant to §4 of this Agreement for the costs associated with completion of the Public Improvements for that phase. Upon satisfactory completion of the work, the City will have the right to terminate this Agreement and abandon further work on the Public Improvements and release the Developers' Security except for amounts retained for one (1) year beyond completion of the work. 3.02. Selection and Control of Contractors. The City and the Developers must review and jointly approve all bids for the Public Improvements and the selection of any contractors who will work on the Public Improvements. 2 • • • 3.03. Contracts for Work. Any contract awarded by the Developers for work on the Public Improvements must contain the following provision: "Failure to Perform. The Developers (Owners) may by written notice to the contractor immediately terminate their contract in any of the following circumstances: 1. Failure to make satisfactory progress toward completion of this contract and contractor has been given three (3) notices by Owner and has failed in each case to correct a delay within seventy -two (72) hours of notice. 2. Failure to meet specifications or correct deficiencies and the contractor has been given three (3) notices by Owner and has failed in each case to meet specifications or correct deficiencies within seventy -two (72) hours of notice." 3.04. Dedication of Work. Each element of the Public Improvements will become as a matter of law, dedicated to the public upon acceptance of the completed work by the City Engineer and the Developers will be deemed to have no right, title or interest in or upon any element of the dedicated Public Improvements. Section 4. Security. 4.01. Consultant Fees and Charges. The Developers will pay to the City as reimbursement for consultant fees incurred by the City in behalf of or at the request of the Developers, including the costs of engineering, legal and testing services, oversight and inspection of grading, erosion control, wetland restoration and any other development related improvement as well as reasonable administrative expenses associated with the review of the plans and specifications and inspection and supervision of construction and reinspection for one (1) year beyond the acceptance of the completed work. In no event will the City have the right to collect any fees or charges that exceed four percent (4 %) of actual construction costs. 4.02. Public Improvement Costs Security. Prior to beginning work on any phase, Developers must furnish to the City a Security and Disbursement Agreement issued by a bank previously approved by the City in the form attached as Exhibit "B" that will guarantee payment of the cost of Public Improvements and performance of the Developers' obligations contained in this Agreement at a cost of no less than on hundred twenty -five percent (125 %) of the estimated cost of the work. The amount of any Security will be reduced by an amount equal to the amount which has disbursed to any contractor for construction of the Public Improvements, except that at least twenty percent (20 %) of the Security must remain available to the City for a period of one year 3 • beyond the completion date of the Public Improvements. Section 5. Developers' Responsibility. 5.01. Easements. The Developers must furnish to the City upon request and without charge, all permanent easements over property owned or controlled by them as designated in the plans and specifications, and deeds to property deemed necessary by the City for the location, construction, installation and operation of the Public Improvements, in form and content satisfactory to the City. 5.02. Inspection. Developers must provide a full time Inspector on -site during work on the Public Improvements, the Inspector must have experience and credentials that, in the opinion of the City Engineer, are appropriate for the nature of the work. 5.03. Engineering Data. The Developers, through their Engineer, must provide all staking, surveying and other information required by the City Engineer, to assist the City Engineer in his duties in order to insure that the complete improvements conform to the approved plans and specifications. 5.04. Erosion Control Measures During Construction. Developers agree that they will construct erosion control devices in conformance with the approved Construction Plans for the Public Improvements. This plan must protect any adjacent ponds and wetlands from erosion, pollution and siltation throughout the construction of the Public Improvements and must be approved by the City Engineer and Washington County Soil and Water Service. Any deficiency must be corrected within seventy -two (72) hours or the City may draw upon the Security provided under §4.02 of this Agreement. 5.05. City Regulations. Developers acknowledge that the property is regulated by the City and that a default under City ordinances or condition of approval of any permit is a default as defined in this agreement, including: (a) A Wetland Mitigation Plan must be prepared and approved by the City Engineer. (b) A grading and erosion control plan must be approved by City Engineer. (c) A national pollution discharge elimination system general storm water permit for construction activity must be obtained from the MPCA before grading begins. (d) Upon completion of the work, the Developers must provide the City with Mylar Plan Sheets, construction drawing records and Auto CADD computer files 4 • • showing the sewer and water service stub inverts and water stop boxes. The plans must show the locations, elevations, length, sizes and makes of all sanitary sewers, storm sewers and water mains as measured in the field during and after construction. (e) Compliance with any mitigation measures required by the AUAR Mitigation Plan. (f) The Developers must comply with all conditions of plat approval imposed by the City. (g) Before beginning work on the Public Improvements for any phase, the Developers must have satisfied any City park dedication requirements whether by land dedication or payment in lieu of dedication. (h) Pay to the City, before building permits are issued, for any structure within the development and sewer or water availability charges and any oversizing or hookup charges imposed by the City. 5.06. Damage to City or County Facilities. The Developers will be responsible for any damage caused to any City or County facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Developers, their contractors, agents or employees and for any repair or clean up costs or expenses incurred by the City or County in taking remedial action. Section 6. Insurance. 6.01. Insurance. Developers and their contractors will provide and maintain or cause to be maintained at all times during the process of constructing the Public Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (a) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above - required limits, an umbrella excess liability policy may be used), and shall be endorsed to show the City as an additional insured to the extent of its interest. (b) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles involved in work 5 • • on the Public Improvements, in the minimum amount for each occurrence of $1,000,000, and shall be endorsed to show the City as an additional insured to the extent of its interest. (c) Workers' Compensation insurance respecting all employees in amounts not less than the minimum required by statute. Section 7. Model Homes. Developers will have the right to construct, before a full range of municipal services are available, up to five (5) model homes within the Development. No certificate of occupancy will be issued for the model homes that will be used only for marketing the Development and not for occupancy. The Developers will be responsible at no risk to the City for placing a model home within a setback that will eventually conform to City ordinances and at an elevation that will be integrated properly with street, utilities and drainage patterns for the completed Development. In all events, however, the Uniform Building Code and Life Safety Code must be followed and the Life Safety approved by the City Fire Chief before allowing the public access to a model. The Developer will be solely responsible for any damage to paved City streets or any other city or County facilities. Section 8. Indemnification. 8.01. Indemnification. Developers agree to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developers, their employees and agents, in connection with the Public Improvements. 8.02. Enforcement by City; Damages. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or all of its obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that the expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. Section 9. Events of Default. 9.01. Events of Default Defined. The following will be "Events of Default" under this Agreement and the term "Event of Default" will means, whenever it is used in this Agreement, any one or more of the following events: 6 (a) Failure by Developers to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement. (b) Failure by Developers to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. 9.02. Remedies on Default. Whenever any Event of Default occurs, the City may take any one or more of the following actions: (a) Suspend work on the project and its performance under the Agreement until it receives assurances from Developers, deemed adequate by the City, that Developers will cure its default and continue its performance under the Agreement. (b) Take action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developers or under the Security described in §4.02. (c) Undertake to complete the public improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the Security described in §4.02 for the full amount of the estimated work. Section 10. Administrative Provisions. 10.01. Notices. All Notices, certificates or other communications required to be given to the City and the Developers must be sufficiently given and will be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: If to Developers: Nile Kriesel, Coordinator City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Contractor Property Developers Company 9110 - 83rd Avenue North Brooklyn Park, MN 55445 7 • • Robert and Paula Kroening 12480 North 72nd Street Stillwater, MN 55082 The City and the Developers by notice given to the other, may designate different addresses to which subsequent notices, certificates or other communications will be sent. Section 11. Additional Provisions. 11.01. Titles of Sections. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 11.02. Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. 11.03. Modification. If Developers are requested by the Holder of a Mortgage or by a prospective Holder of a prospective Mortgage to amend or supplement this Agreement in any manner whatsoever, the City will, in good faith, consider the request, provided that the request is consistent with the terms and conditions of this Agreement. 11.04. Law Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 11.05. Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, holding will not invalidate or render unenforceable any other provisions. Section 12. Termination of Agreement. 12.01. Termination. This Agreement will terminate at the time all of the Developers' obligations have been fulfilled and when the cost of the Public Improvements have been paid in full and any default of the Developers has been cured, or one (1) year after acceptance of the Public Improvements by the City, whichever occurs later. 8 • • IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developers have executed this Agreement at Stillwater, Minnesota, the day and year first above written. CITY OF STILLWATER By: (SEAL) Jay L. Kimble, Its Mayor and Morli Weldon, Its City Clerk DEVELOPER CONTRACTOR PROPERTY DEVELOPERS COMPANY By , Its President Robert Kroening Paula Kroening STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 1997, before me, a Notary Public within and for said County, appeared Jay L. Kimble and Morli Weldon, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. 9 Notary Public • • STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 1997, before me, a Notary Public within and for said County, appeared , to me personally known, who, being duly sworn, did say that he is the President of Contractor Property Developers Company, one of the Developers named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 1997, before me, a Notary Public within and for said County, appeared Robert Kroening and Paula Kroening, to me personally known, who, being duly sworn, did say that they are one of the Developers named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public • • December 12, 1997 DEVELOPMENT CONTRACT BETWEEN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND PEMTOM LAND COMPANY AND CONTRACTOR PROPERTY DEVELOPERS COMPANY FOR INSTALLATION OF TRUNK SEWER AND WATER FACILITIES This agreement was drafted by: David T. Magnuson, #66400 Magnuson Law Firm 333 North Main Street Suite 202 P.O. Box 438 Stillwater, MN 55082 612/439 -9464 • • TABLE OF CONTENTS SECTION 1 RECITALS Section 1.01. The Project 1 Section 1.02. Public Improvements 1 Section 1.03. Public Improvements; Plans, Specifications 1 Section 1.04. Public Improvements; Warranty 1 SECTION 2 DEVELOPER'S REPRESENTATIONS Section 2.01. No Disability 2 Section 2.02. Execution No Violation 2 Section 2.03. Litigation 2 Section 2.04 Compliance 2 SECTION 3 PUBLIC IMPROVEMENT SCHEDULE Section 3.00. Public Improvement Schedule 2 Section 3.01. Selection and Control of Contractors 3 Section 3.02. Contracts for Work 3 Section 3.03. Dedication of Work 4 Section 3.04. Credit 4 SECTION 4 SECURITY Section 4.01. Consultant Fees and Charges 5 Section 4.02. Public Improvement Costs Security 5 SECTION 5 DEVELOPER'S OBLIGATIONS Section 5.01. Easements 6 Section 5.02. Inspection by Developers 6 Section 5.03. Engineering Data 6 Section 5.04. Erosion Control Measures During Construction 6 • Section 5.05. City Regulations 6 Section 5.06. Damage to City Facilities 7 i • • Section 5.07. City to Provide Easements 7 Section 5.08. Permits 7 SECTION 6 INSURANCE Section 6.01. Insurance 7 SECTION 7 INDEMNIFICATION Section 7.01. Indemnification 8 Section 7.02. Enforcement by City; Damages 8 SECTION 8 EVENTS OF DEFAULT Section 8.01. Events of Default Defined 8 Section 8.02. Remedies on Default 9 SECTION 9 ADMINISTRATIVE PROVISIONS Section 9.01. Notices 9 SECTION 10 ADDITIONAL PROVISIONS Section 10.01. Titles of Sections 10 Section 10.02. Counterparts 10 Section 10.03. Modification 10 Section 10.04. Law Governing 10 Section 10.05. Severability 10 SECTION 11 TERMINATION OF AGREEMENT Section 11.01. Termination 10 TESTIMONIUM SIGNATURES EXHIBIT "A" TO BE SUPPLIED 410 EXHIBIT "B" Security and Disbursement Agreement ii • • DEVELOPMENT CONTRACT THIS AGREEMENT, made this day of , 1997, between the City of Stillwater, a political subdivision of the State of Minnesota, ( "City "), and the Pemtom Land Company, a Minnesota corporation, Westwood Professional Building, 14180 Highway 5, Eden Prairie, Minnesota 55344 ( "Pemtom "), Contractor Property Developers Company, a Minnesota corporation, 9110 - 83' Avenue North, Brooklyn Park, Minnesota 55445 (CPDC), collectively, (the "Developers "); WITNESSETH THAT, the parties hereto recite and agree as follows: Section 1. Recitals. 1.01. The Project. On August 16, 1996, the City entered into an Agreement (Orderly Annexation Agreement) with the Town of Stillwater, Washington County, Minnesota for the Orderly Annexation of portions of the Town of Stillwater to the City. Pursuant to the Orderly Annexation Agreement and on October 4, 1996, Phase I of the property described in the Orderly Annexation Area including property owned by the Developers became part of the City. The City has conducted planning, engineering and environmental studies within the Orderly Annexation Area preparatory to and in anticipation of the extension of municipal utilities into the Orderly Annexation Area and to property owned by the Developers. 1.02. Public Improvements. The Developers have requested that they, at their expense, be allowed to prepare plans and specifications and to award contracts to construct the trunk water and sewer improvements necessary to serve the Phase I Area ( "Public Improvements "). The City is willing to allow the Developers to construct and install the Public Improvements, only if the conditions set forth in this Agreement are satisfied. 1.03. Public Improvements; Plans, Specifications. The City agrees to authorize Klayton Eckles, P.E., the City Engineer, to review and approve the plans and specifications prepared by the Developers for the Public Improvements. The specifications must be both to City standards and the rules and regulations of the Board of Water Commissioners. Approval by the City Engineer of the plans and specifications for the Public Improvements is a condition of this Agreement. A description of the public improvements and estimates of costs is attached as Exhibit "A 1.04. Public Improvements, Warranty. Developers agree that the work will be done in a workmanlike manner; that all materials and labor will be in strict conformity to the specifications and any requirements set forth by the City. All work done pursuant to this contract is subject to the inspection and approval of the City Engineer, who shall have the authority to suspend or stop work on the project if any condition of this contract is breached or any law or administrative rule is violated. 1 • • If any material or labor that is supplied is rejected by the City Engineer as defective or unsuitable, then the rejected materials must be removed and replaced with approved material, and the rejected labor shall be done anew to the satisfaction and approval of the City Engineer at the sole cost and expense of the Developers. This warranty will extend for one year beyond the final acceptance of the Public Improvements by the City. Section 2. Developers' Representations. The Developers represent to the City that as of the date of this Agreement, the statements set forth in this section are true. 2.01. No Disability. The Developers know of no legal disability that would prevent them from carrying out this Agreement. 2.02. Execution No Violation. The execution, delivery and performance of this Agreement do not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developers are a party. 2.03. Litigation. There are no pending or, to the knowledge of the Developers, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developers or the ability of the Developers to perform their obligations under this Agreement. 2.04. Compliance. The Developers will comply with and promptly perform all of its obligations under this Agreement and all related documents and instruments. Section 3. Public Improvement Schedule. The Developers agree to commence work on the Public Improvements on or before February 1, 1998, and will have all work done and the Public Improvements fully completed to the satisfaction and approval of the City on or before the dates set forth in this Section. (a) Plans and Specifications. The Developers will retain Westwood Professional Services to design and prepare the plans and specifications for the Public Improvements based upon the Feasibility Report of Short Elliott and Hendrickson, the consulting engineers for the City as approved by the City Council on December 2, 1997. The plans and specifications must be fifty percent (50 %) completed and reviewed by the City Engineer by January 2, 1998, seventy - five (75 %) completed and reviewed by the City Engineer by January 16, 1998, and one hundred percent (100 %) completed and approved by the City Engineer on or before January 27, 1998. In the event that any part of the plans and specifications are not completed on schedule, upon written notice of the City Engineer, all work product of any nature related to the plans and specifications must be immediately delivered, without charge to the City. Further, in this event, 2 the City is empowered to draw upon any Security provided pursuant to §4 of this Agreement for costs associated with completion of the plans and specifications and any sums necessary for the completion of construction of the Public Improvements necessary for providing sewer and water services to Rutherford Elementary School by August 1" of 1998. Upon satisfactory completion of this work and payment therefore from the Security provided pursuant to §4, the City will have the right to terminate this Agreement and abandon further work on the Public Improvements and release the Developers remaining Security except for the amounts retained for one (1) year beyond completion and acceptance of any work. (b) Construction. Construction of the Public Improvements by the Developers must begin by February 1, 1998, and the following Schedule must be met: Element 1. Water service to school 2. Sewer service to school 3. Operational lift station 4. Neal Avenue and Boutwell restoration 5. Access trail 6. Looped water system to Co. Rd. 5 7. Project completed Completion Date July 10, 1998 August 1, 1998 July 17, 1998 4 weeks after first disturbance August 31, 1998 July 15, 1999 July 31, 1999 In the event, in the opinion of the City Engineer, Developers fail to complete any element of work by the Completion Date assigned to the work, the City, at its option, will have the right to draw upon any Security provided pursuant to §4 of this Agreement for the costs associated with the completion of construction of the Public Improvements necessary for providing sewer and water services to the Rutherford Elementary School by August 1" of 1998. Upon satisfactory completion of this work and payment therefor from the Security provided pursuant to §4, the City will have the right to terminate this Agreement and abandon further work on the Public Improvements and release the Developers' Security except for the amounts retained for one (1) year beyond completion of any work. 3.01. Selection and Control of Contractors. The City, Westwood Engineering Services and the Developers must review and jointly approve all bids for the Public Improvements and the selection of any contractors who will work on the Public Improvements. 3.02. Contracts for Work. Any contract awarded by the Developers for work on the Public Improvements must contain the following provision: 3 • 40 "Failure to Perform. The Developers (Owners) may by written notice to the contractor immediately terminate their contract in any of the following circumstances: 1. Failure to make satisfactory progress toward completion of this contract and contractor has been given three (3) notices by Owner and has failed in each case to correct a delay within seventy -two (72) hours of notice. 2. Failure to meet specifications or correct deficiencies and the contractor has been given three (3) notices by Owner and has failed in each case to meet specifications or correct deficiencies within seventy -two (72) hours of notice." 3.03. Dedication of Work. Each element of the Public Improvements will become as a matter of law, dedicated to the public upon acceptance of the completed work by the City Engineer and the Developers will be deemed to have no right, title or interest in or upon any element of the dedicated Public Improvements. 3.04. Credit. (a.) Oversizing Credit. The estimated cost of the Public Improvements is $1,849,720.00, however, the final actual costs of the Public Improvements based upon an audit of costs done by the City Treasurer will be used to determine the cost of the Public Improvements for purposes of this credit. The costs of the Public Improvements will then be divided by the net developable acres in the area that will be eventually served by the Public Improvements. For the purpose of this Section, net developable acres will mean the gross acreage of the following parcels less the area of delineated wetlands, lakes and slopes greater than twenty - five percent (25 %) as determined by the City Engineer. Owner Gross Acreage CPDC 171.67 834 16.11 Pemtom 74.11 Gadient 33.58 Bergman 101.40 Neal Meadows 19.88 Net Acreage The cost of the Public Improvement per net acre of these parcels will be called the Trunk Benefit per acre for purposes of this Section. The difference between the actual cost per net acre to the Developers and the Trunk Benefit per acre will be called the Oversizing Credit. 4 • • (b.) Storm Water Benefit. The City is obligated to undertake Storm Water Trunk Improvements in order to make the property of the Developers and other property available for development and the cost of the Storm Water Trunk Improvements as estimated, by the City Engineer, with a reserve for contingency will be divided by the net developable acres of the following property: Owner Gross Acreage CPDC 171.67 834 16.11 Pemtom 74.77 Gadient 33.58 Bradshaw 25.50 Bergmann 101.40 Trailhead 131.00 Palmer 173.30 Newman 15.00 Neal Meadows 19.88 Rivard 22.00 Net Acreage The estimated cost of the Storm Water Trunk Improvements will be divided by the net developable acres to arrive at a Storm Water Benefit per acre. The Developers will be given a credit in the amount of the Oversizing Credit against their share of Storm Water Benefit. If the Storm Water Benefit exceeds the Oversizing Credit, the Developers will pay over this amount to the City within thirty (30) days of a request by the City for the funds. If the Oversizing Credit exceeds the Storm Water Benefit per acre, the City will pay this amount to the Developers within thirty (30) days of a request by the Developers for these funds. Section 4. Security. 4.01. Consultant Fees and Charges. The Developers will pay to the City as reimbursement for consultant fees incurred by the City in behalf of or at the request of the Developers, including the costs of engineering, legal and testing services, and reasonable administrative expenses associated with the review of the plans and specifications and inspection and supervision of construction and reinspection for one (1) year beyond the acceptance of the completed work. In no event will the City have the right to collect any fees or charges that exceed four percent (4 %) of actual construction costs unless Developer fails to provide full time inspection of the work during construction. 4.02. Public Improvement Costs Security. Prior to beginning work, Developers must furnish to the City a Security and Disbursement Agreement issued by a bank previously approved by the City in the form attached as Exhibit "B" that will guarantee payment of 5 the cost of Public Improvements and performance of the Developers' obligations contained in this Agreement at a cost of no less than one hundred twenty -five percent (125 %) of the estimated cost of the Public Improvements. The amount of any Security then will be reduced by an amount equal to the amount which has disbursed to any contractor for construction of the Public Improvements, except that at least twenty percent (20 %) of the Security must remain available to the City for a period of one year beyond the completion date of the Public Improvements. Section 5. Developers' Obligations. 5.01. Easements. The Developers must furnish to the City upon request and without charge, all permanent easements over property owned or controlled by either of them as designated in the plans and specifications, and deeds to property deemed necessary by the City for the location, construction, installation and operation of the Public Improvements, in form and content satisfactory to the City. 5.02. Inspection by Developers. Developers must provide a full -time qualified inspector approved by the City Engineer who must be available on -site during all phases of the Public Improvement work. The inspector must provide the City Engineer with daily inspection reports, testing results and copies of correspondence between the Developers and their contractors. 5.03. Engineering Data. The Developers, through their Engineer, must provide all staking, surveying and other information required by the City Engineer, to assist the City Engineer in his duties in order to insure that the complete improvements conform to the approved plans and specifications. Final acceptance of the work may be withheld by the City until this information and data is delivered to the City Engineer. 5.04. Erosion Control Measures During Construction. Developers agree that they will construct erosion control devices in conformance with the approved Construction Plans for the Public Improvements. This plan must protect any adjacent ponds and wetlands from erosion, pollution and siltation during the construction of the Public Improvements and must be approved by the City Engineer and Washington County Soil and Water. 5.05. City Regulations. Developers acknowledge that the property is regulated by the City and that a default under City ordinances or condition of approval of any permit is a default as defined in this agreement, including: (a) A Wetland Mitigation Plan must be prepared and approved by the City Engineer. (b) A grading and erosion control plan must be approved by City 6 • Engineer. (c) A national pollution discharge elimination system general storm water permit for construction activity must be obtained from the MPCA before grading begins. (d) Upon completion of the work, the Developers must provide the City with Mylar Plan Sheets, construction drawing records and Auto CADD computer files showing the sewer and water service stub inverts and water stop boxes. The plans must show the locations, elevations, length, sizes and makes of all sanitary sewers and water mains as measured in the field during and after construction. (e) Compliance with any mitigation measures required by the AUAR Mitigation Plan. 5.06. Damage to City and County Facilities. The Developers will be responsible for any damage caused to any City facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Developers, their contractors, agents or employees and for any repair or clean up costs or expenses incurred by the City or County in taking remedial action. 5.07. City to Provide Easements. The City must provide to the Developers and their contractors, in a timely manner, any easements or rights of entry needed by Developers for work that must be done on property not owned or controlled by Developers. Any delays caused by the failure of the City to provide access will not subject the City to liability of any nature however, the Developers will be granted an extension of any completion date set forth in this Agreement equal to the number of days that work was delayed because of the lack of access. The Developers will pay to the City amounts necessary for land acquisition within thirty (30) days of receiving an invoice from the City, certified as necessary by the City Engineer. Amounts paid to the City by this section will be considered part of the acquisition costs of the Public Improvements for purposes of the credit provided to the Developers by §3.04 of this Agreement. 5.08. Permits. The Developers are responsible to obtain, before work begins, any permits or governmental approvals required by any law, ordinance or governmental rule. Section 6. Insurance. 6.01. Insurance. Developers and their contractors must provide and maintain or cause to be maintained at all times during the process of constructing the Public Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: 7 • • (a) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above - required limits, an umbrella excess liability policy may be used), and shall be endorsed to show the City as an additional insured to the extent of its interest. (b) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles involved in work on the Public Improvements, in the minimum amount for each occurrence of $1,000,000, and shall be endorsed to show the City as an additional insured to the extent of its interest. (c) Workers' Compensation insurance respecting all employees in amounts not less than the minimum required by statute. Section 7. Indemnification. 7.01. Indemnification. Developers agree to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developers, their employees and agents, in connection with the Public Improvements. 7.02. Enforcement by City: Damages. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or all of its obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that the expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. Section 8. Events of Default. 8.01. Events of Default Defined. The following will be "Events of Default" under this Agreement and the term "Event of Default" will means, whenever it is used in this Agreement, any one or more of the following events: (a) Failure by Developers to commence and complete construction of the Public • • Improvements pursuant to the terms, conditions and limitations of this Agreement. (b) Failure by Developers to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. 8.02. Remedies on Default. Whenever any Event of Default occurs, the City may take any one or more of the following actions: (a) Suspend work on the project and its performance under the Agreement until it receives assurances from Developers, deemed adequate by the City, that Developers will cure its default and continue its performance under the Agreement. (b) Take action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developers or under the Security described in §4.02. (c) Undertake to complete the public improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the Security described in §4.02 for the full amount of the estimated work, including all administrative and consultant costs. Section 9. Administrative Provisions. 9.01. Notices. All Notices, certificates or other communications required to be given to the City and the Developers must be sufficiently given and will be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: If to Developers: Nile Kriesel, Coordinator City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Pemtom Land Company Westwood Professional Building 14180 Highway 5 Eden Prairie, MN 55344 • Contractor Property Developers Company 9110 - 83`d Avenue North Brooklyn Park, MN 55445 The City and the Developers by notice given to the other, may designate different addresses to which subsequent notices, certificates or other communications will be sent. Section 10. Additional Provisions. 10.01. Titles of Sections. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 10.02. Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. 10.03. Modification. If Developers are requested by the Holder of a Mortgage or by a prospective Holder of a prospective Mortgage to amend or supplement this Agreement in any manner whatsoever, the City will, in good faith, consider the request, provided that the request is consistent with the terms and conditions of this Agreement. 10.04. Law Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 10.05. Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, holding will not invalidate or render unenforceable any other provisions. Section 11. Termination of Agreement. 11.01. Termination. This Agreement will terminate at the time all of the Developers' obligations have been fulfilled and when the cost of the Public Improvements have been paid in full and any default of the Developers has been cured, or one (1) year after acceptance of the Public Improvements by the City, whichever occurs later. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developers have executed this Agreement at Stillwater, Minnesota, the day and year first above written. CITY OF STILLWATER By: (SEAL) Jay L. Kimble, Its Mayor and Morli Weldon, Its City Clerk DEVELOPER PEMTOM LAND COMPANY By , Its President CONTRACTOR PROPERTY DEVELOPERS COMPANY By , Its President STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 1997, before me, a Notary Public within and for said County, appeared Jay L. Kimble and Morli Weldon, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public 11 • • STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 1997, before me, a Notary Public within and for said County, appeared , to me personally known, who, being duly sworn, did say that he is the President of Pemtom Land Company, one of the Developers named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 1997, before me, a Notary Public within and for said County, appeared , to me personally known, who, being duly sworn, did say that he is the President of contractor Property Developers Company, one of the Developers named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public • • • SECURITY AND DISBURSEMENT AGREEMENT THIS AGREEMENT, made this day of , 1997, between the City of Stillwater, a political subdivision of the State of Minnesota, ( "City "), and the Pemtom Land Company, a Minnesota corporation, Westwood Professional Building, 14180 Highway 5, Eden Prairie, Minnesota 55344 ( "Pemtom "), Contractor Property Developers Company, a Minnesota corporation, 9110 - 83rd Avenue North, Brooklyn Park, Minnesota 55445 (CPDC), collectively, (the "Developers ") and , a Minnesota Banking Corporation, with offices at ( "Lender "); WITNESSETH THAT, the parties hereto recite and agree as follows: RECITALS 1. The Developers and the City have entered into a Development Agreement ( "Development Agreement ") providing for the Developers to finance and construct the trunk facilities ( "Public Improvements ") necessary to serve Phase I of the Orderly Annexation Area, an area containing property owned by the Developers. 2. Lender has made a loan to the Developers in the principal amount of of which is to pay for the cost of the Public Improvements as itemized in the Development Agreement between the Developers and the City. A copy of which is attached to this Agreement. The Lender and the Developers pledge to the City that the proceeds of the loan will be made by the Lender only on the terms and conditions set forth in this Agreement. 3. The Developers hereby irrevocably and in advance consent to disbursements of the loan only on written authorization by the City pursuant to the procedures set forth in this Agreement under which the City will authorize disbursements. 4. The City will rely upon the certification of Klayton Eckles, P.E., City Engineer, ( "Engineer ") addressed to Lender and the City, each certification setting forth the quality of workmanship, stage of construction according to the plans and specifications approved by the City, and certifying the work then completed to date in terms of actual dollar amounts pursuant to this Agreement, the Development Agreement and any construction loan agreement made between the Lender and the Developers previously approved by the City. 5. Each certification by the Engineer must be mailed or hand delivered to the Developers and the Lender on the same day. The Developers will have five (5) working days from the date of the postmark or the date of acknowledgment of hand delivery of the certification to perform its independent inspection and to object in writing to the certification. The objection must be mailed or hand delivered to the Lender and the City and the objection must be postmarked or receipt of hand delivery acknowledged on or before the fifth working day from the date of EXHIBIT "B" (Page 1 of 4) • mailing or hand delivery of the objection. In the event the Lender has not received written objection by the Developers to a certification in the manner described, Lender may rely upon the certification to disburse sums consistent with this Agreement, the Development Agreement and the Construction Loan Agreement provided that no more than eighty percent (80 %) of the sums so certified may be disbursed and that twenty percent (20 %) of the sums are retained until one (1) year following final acceptance of the Public Improvements by the City. 6. The City reserves the right to suspend or to terminate the authorization described above at any time by delivering personally or mailing by certified mail return receipt requested, written notice of suspension or termination to the Developers and the Lender. Any suspension or termination shall be prospective only and will not effect any certification issued by the Engineer prior to the suspension or termination. 7. If the Public Improvements contemplated in the Development Agreement for the project are not completed according to §3 of the Development Agreement, Lender will release to the City, based upon the procedure set forth in §3 of the Development Agreement, the balance of the loan not previously authorized for payment in order that the City may undertake with the use of these funds completion of the Public Improvements. 8. The Lender further pledges that it will not pledge, assign, hypothecate offset or otherwise convey or disburse any of the proceeds of the loan as collateral for any other debt. LIMITATION OF LIABILITY It is agreed that if the actual cost of the Public Improvements exceeds the amount of the loan, the Lender has no obligation to and is under no duty to advance any further funds in excess of IN WITNESS WHEREOF, the parties have set their hands this day of , 1997. CITY OF STILLWATER By: (SEAL) Jay L. Kimble, Its Mayor and Morli Weldon, Its City Clerk EXHIBIT "B" (Page 2 of 4) • DEVELOPER PEMTOM LAND COMPANY By , Its President CONTRACTOR PROPERTY DEVELOPERS COMPANY By , Its President LENDER By , Its President STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 1997, before me, a Notary Public within and for said County, appeared Jay L. Kimble and Morli Weldon, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public EXHIBIT "B" (Page 3 of 4) • • STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 1997, before me, a Notary Public within and for said County, appeared , to me personally known, who, being duly sworn, did say that he is the President of Pemtom Land Company, one of the Developers named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 1997, before me, a Notary Public within and for said County, appeared , to me personally known, who, being duly sworn, did say that he is the President of Contractor Property Developers Company, one of the Developers named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this day of , 1997, before me, a Notary Public within and for said County, appeared , to me personally known, who, being duly sworn, did say that he is the President of , the Lender named in the foregoing instrument and that this instrument was signed as the free act and deed of the Lender. Notary Public EXHIBIT "B" (Page 4 of 4) • 1 MEMORANDUM Date: 12/10/97 To: Mayor and City Council Fn Steve Russell, Community Development Director RE: TIF REQUEST FOR MAPLE ISLAND SITE REDEVELOPMENT FOR GROCERY STORE Requested Assistance. The city has previously received a request from Mainstream Development Partnership for TIF assistance. The current request is contained in the attached report, pages 20 -23. Summarized below is the request. • Developer purchase railroad land and give to city ($150,000 repaid to developer with RIF. See attached map) > Developer purchase Water Street parking lot from city for $150,000 using TIF. > Developer improve Water Street parking lot $275,000 TIF est. > Developer demolish Maple Island building and prepare site for redevelopment $330,000 TIF > City improve street, pedestrian and parking areas around site $420,000 est. TIF There is not adequate TIF generated by the project to provide for the project related costs requiring TIF assistance as proposed. The estimated TIF generation is $1 to 1.2 million depending on when the project is completed and placed on the tax roll. Recommended Assistance: In order to be within the bounds of the TIF generated from the project, staff recommends the following city assistance. The assistance provides for the grocery store parking needs and improvements within the limits of available TIF assistance and secures the lot for public use when not used or needed by the grocery store. > City leases parking site to grocery store for 25 years or term of grocery store tenure on the site. > Developer improve parking lot using pay as you go (payg) $275,000 est TIF > Developer receive payg TIF to off -set cost of Maple Island building demolition $330,000 est. TIF > City improves area streets, pedestrian and parking areas as public improvement project (benefiting property owner's pay a portion of the costs, TIF from project pay remainder. Same approach used on downtown revitalization improvements 1990). The total estimated costs eligible for TIF assistance using this approach is $1,025,000 close to the estimated amount of TIF generated. The $1,025,000 may be a high estimate based on the lack of specific design and construction costs. At meeting time staff can further explain the recommended TIF assistance alternative and answer any questions the council may have Recommendation: rect staff to prepare development agreement with Mainstream Development Partnership for lease of Water Street parking lot and pay as you go TIF assistance as outlined above. Attachment 4/07 • • TABLE OF CONTENTS 1. INTRODUCTION 1.1. CITIZEN STATEMENT 2. LOCATION 2.1. CITY 2.2. MAP 2.3. DRAWINGS 2.4. PICTURES 3. LAND 3.1. MAPLE ISLAND 3.2. PARKING LOT - EAST 3.3. BNRR - ADJACENT PROPERTIES 4. RE- DEVELOPMENT 4.1. RENOVATION 4.2. DEMOLITION AND SITE PREPARATION 4.3. CONSTRUCTION 4.4. WATER STREET PARKING LOT - EAST, IMPROVEMENTS 4.5. LOWELL PARK 4.6. WATER STREET 5. TENANTS 5.1. RETAIL 5.1.1. GROCERY 5.1.2. HARDWARE 5.1.3. SERVICES 5.2. COMMERICAL 5.3. LEASES 5.4. GUARANTEES 5.5. PARKING 6. ASSUMPTIONS 6.1. MORTGAGE 6.2. TAX INCREMENT ASSISTANCE 6.3. RENTALS 6.4. WATER STREET LOT PURCHASE 6.5. BNRR SCATTERED LOT(S) PURCHASE AND SALE CONTENTS (CONTINUED) 7. PROFORMA FINANCIAL STATEMENTS 7.1 7 2 IRO 7.3. INCOME AND EXPENSE STATEMENT 7.4. OPERATING STATEMENT 7.5. 7.6..A8H 44,0ni --A ALYS1S ■ 8. TAX INCREMENT ASSISTANCE 8.1. POLICY 8.2. APPLICATION 8.3. INCREMENT GENERATION 8.4. APPLICATION OF INCREMENT Z • • • • INTRODUCTION THE CITY OF STILLWATER'S COMPREHENSIVE PLAN SURVEY, COMPLETED IN NOVEMBER OF 1994 IDENTIFIED THE DESIRE TO ESTABLISH COMMUNITY SERVICE BUSINESSES THAT WOULD INCLUDE A GROCERY STORE AND A HARDWARE STORE IN THE CENTRAL BUSINESS DISTRICT. THE CITY OF STILLWATER'S DOWNTOWN AREA PLAN HAD RECOGNIZED THE OPPORTUNITY FOR REUSE OF THE MAPLE ISLAND SITE AND HAVE ACTIVELY PERSUED THE RE- DEVELOPMENT OF THE SITE FOR A NUMBER OF YEARS. MOST RECENTLY THE CITY WORKED WITH SUPERVALU IN AN ATTEMPT TO DEVELOPE THE SITE AS A SINGLE -USE GROCERY STORE. SUPERVALU CONCLUDED THAT THE SITE WAS NOT FEASIBLE AND ABANDONED THE PROJECT. THIS SITE IS CRITICAL TO THE DOWNTOWN BECAUSE IT PROVIDES A LINK BETWEEN THE SOUTH MAIN STREET AND THE NORTH MAIN STREET AREAS OF ACTIVITY. THE SITE COULD CONNECT THE THE RIVER AND MULBERRY POINT TO MAIN STREET AND HAS THE POTENTIAL TO CREATE A MAJOR FOCAL POINT FOR THE CENTRAL BUSINESS DISTRICT. IT IS THE INTENT OF THIS PROPOSAL TO SATISFY THE AFOREMENTIONED NEED OF THE CENTRAL BUSINESS DISTRICT, HOWEVER, FOR THE DEVELOPER TO JUSTIFY THE INVESTMENT AND TO OPTIMIZE THE RISK - RETURN FACTOR, THERE ARE NUMEROUS AGREEMENTS THAT ARE REQUIRED FOR THIS PROJECT TO BE SUCCESSFUL. IT IS THE INTENT OF THIS PLAN AND SCHEDULES TO IDENTIFY AND CLARIFY ALL OF THESE CONDITIONS. • • Businesses voice views on city's future Recently the City of Stillwater Chamber of Commerce, at the request of the City of Stillwa- ter, completed a survey of the Still- water business community to gather information on its views concerning the upcoming overhaul of the down- town Comprehensive Plan. The Comprehensive Plan is the long -range blueprint from which city government operates. It provides a structured guideline for the develop- ment of the city's parks, streets, park- ing lots, and other amenities relevant to a city's needs. As such, it is of great importance to all of us who live and work in Stillwater and call this city home. In September of this year. X150 busi- nesses received the survey and 15 percent responded (8 percent is con- sidered a good response rate for mailed surveys). The results arc of community -wide interest because while the focus is on the historic downtown, this is the arca of Stillwa- ter that seems to generate the most passionate comment from our resi- dents, and is, in fact, a beloved "down- town." When the business community was asked how they would like the Aiple property used when it returns to city control in 1998 (the Aiple property runs about 1/2 mile from the .Andiamo boat docks to Sunnyside marina), the James Laskin City Chamber • results were clear. Over two - thirds of the respondents wan( the Aiple prop- erty used for city parkland with some well- planned parking included. The businesses want the excursion boats moved farther south along the water- front and they are not in favor of us- ing the old fertilizer plant for an arts venue. When asked about the downtown business mix, almost three- quarters of the answers were that they wanted more locally useable businesses (gro- cery, hardware, shoes, etc.) and a majority said that they would go even further and limit "similar businesses" in the downtown district. • Public space improvements were very popular; by margins of four- and five -to -one, decorative street lights, bike racks, more street planters and more parking lot landscaping got fa- vorable marks. By a literal 10 -to -one margin, a vote was made in favor of better maintenance of our public spaces. It's good to see the business com- munity is not just in favor of more "stuff' but is wisely thinking about how to maintain our public .assets. While the vote leaned toward better maintenance of individual buildings, there was a lack of enthusiasm for further regulation of signage, color or design. . When the survey asked 'whether Lowell Park should be finished in accordance with the downtown plan, every single business that responded, with only •one exception, voted to carry out that plan. it seems that Lowell Park is very popular indeed! Lastly, businesses were asked how public space improvements might be paid. Property tax assessments were found not to be popular, but grants, state and federal aid were cheerfully suggested as payment options. What was interesting, was that for the first time, food and liquor taxes or a mod- est general sales tax were deemed an acceptable method of paying for popular public space improvements by a majority of respondents. The Stillwater business commu- nity has given a strong indication of some of their concerns and desires concerning our downtown's National Historic District. We have also agreed to accept a fair share of the cost of bringing our vision of the downtown to fruition. When the up- dated Comprehensive Plan is being drafted, let us hope that these results, along with lots of residents' input, is taken into consideration. Our public lands on the St. Croix River and our downtown national Historic District are great public as- sets. Let us all make sure that they provide the greatest public benefit to the people of Stillwater. James Laskin is a member of the City of Stillwater Chamber of Com- merce. • • LOCATION THE MAPLE ISLAND DEVELOPMENT INCLUDES THE MAPLE ISLAND PLANT SITE, WATER STREET, THE WATER STREET PARKING LOT AND SCATTERED SITES ADJACENT TO TO THESE PROPERTIES. SUBSEQUENT MAPS DETAIL THE PROPERTIES THAT ARE INVOLVED. THE FULL POTENTIAL OF THE 2+ ACRES CONTAINED IN THE SITE ARE DEPENDENT UPON THE IMPROVEMENT OF WATER STREET, THE WATER STREET PARKING LOT AND MINOR ADJUSTMENTS TO SURROUNDING LAND USES. S • c OF STILLWATER COMPREHENSIVE PLAN UPDATE 1990 DEMOGRAPHIC PROFILE DEFINITION OF STILLWATER PLANNING DISTRICTS PLANNING DISTRICTS 1. DUTCHTOWN 2. OAK GLEN 3. NORTH HILL •4. DOWNTOWN 5. CROIXWOOD 6. SUNNYSLOPE 7. WEST HILL 8. SOUTH HILL 9. HIGHLANDS 10. FOREST HILLS 11. BUSINESS PARK STILLWATER TOTAL TOTAL POPULATION HOUSING AVG. HH UNIT$ • $.Lze 500 186 2.69 1,344 425 .3.16 2,371 849 .2.79 842 388 2.17 2,983 874 3.41 1,145 441 2.60 1,604 617 2.60 2,143 813 2.63 400 175 2.29 676 273 2.48 2 1 2.00 14,011 5,042 2.78 12. BROWN'S CREEK 0 0 0 13. McKUSICK ROAD 429 120 3.58 14. COUNTY ROAD 12 214 56 3.82 15. LONG LAKE WEST 58 19 3.05 16. HIGHWAY 36 26 8 3.25 OUTSIDE CITY 727 203 '3.58 STUDY AREA TOTAL 14,738. 5,245 2.81 Source:, US Department Of Commerce, ' 1990 Census Of Population, (Block Level Demographics) Planning District Boundories • Municipal Boundaries CITY OF STILLWATER COMMUNITY DEVELOPMENT DEPARTMENT INSIGHT MAPPING 8, DEMOGRAPHICS, INC. ts• • . • • -14--_,-, r--- - - -7-,-e, , • ;.- ■IN;N ‘ • -t "ll..— iel fl 1.7. NV:1. e I■rifMAI G• • 1g/ I 1 i up ppm , 1 I 1 1j-{______I 1 , 1 E _ 1 1 Door\ i 1 1 1 , ____ 1 _El I DOE n i, j c------i ET] INN Licit JEl EDon1=., —'oi itii Ell L. DEB L EIIIEIIIIL DEIILi LiElili DOCIDC DCUELDEEED n a _46 Df En LI EIE mo • , C. ./ i< v 171 • and Sidewalk Connection A/ • . • • 11 Major Vehicle Connection • High Density Downtown Housing Downtown Housing • Regional Bus Transfer Stop o • • MAPLE ISLAND SITE sr. CROIX RIVER ® Cenual Bushes' Cisuti m Nbic Muir stretkan• Office Tronspalal'o'► Urllos, Parting Parks, RocracliA CVon Space ;El Ism Density Raslionlbl Mahan Donsky Roskfon1W 1 iph Do sty Rotkionttsl ® Ma,hy floaoalbn nu RD— 'PA R0 1011111 PA If III SI •R0 St. 110 PA n • -1 i flU u 1 ti 1/ nu RD— 'PA R0 1011111 PA If III SI •R0 St. 110 PA • SL acct AMER Oj 1.1.1.%..isurmaii•mi.1•1.111 1 1 1 1 1 1 1 1 1 1' 4 1 1 ••1 1.w1.w, .. •m• • • . . Ol f , 1 -' i.- ,0 Sl ,a . 1 . ' Q 1" - o 1-1 0 0 i � c:=1'00u 0 9iioa00,' o f iED00 ] i .... i .....1 . 1 , •, . i i i i i i i .... f w., i i• - •i ..• .' • 0 ;..4. E D 12 1 ^ 1 • n 0,0 a 0 _i_ 1.,'1II411- �.L.i.1 1 1 ;; STILLWATER DOWNTOWN PLAN • Special Sites 1-6,9 Nil 1 1..,. • • • • • • • • •... • . , -■ exT SIEtt,Lr 7:.'174,741 ' • a. .:• • ••••• ,i..* • • PHOTOGRAPHS Property Owner: Maple Island Farm. Inc. Property Location: 219 North Main Street, er. MN DESCRIPTIONS Photo No. 1 View of the south end of the building taken from the east side of Main Street looking to the north. Photo No. -•nd r, Similar to No. 1 but taken from the north side of Main Street looking northeast at the front or west side of the subject. Photo By: John Z. Dahl D November ,1 19,E McKINZIE METRO APPRAISALS -11- l/ PHOTOGRAPHS Property Owner: Maple Island Farm, Inc. Property Location: 219 North Main Street, Stillwater, MN DESCRIPTIONS Photo No. 3 Similar to No. 2 but further north. Photo No. 4 • Taken from near the northeast corner of the - property l ook i ng to.the southwest at the north end of the building and parkingarea. Photo By: John Z. Dahl Date Taken : November 8, 1996 McKINZIE METRO APPRAISALS -12- /v • PHOTOGRAPHS Property Owner : Maple Island Farr, nc Property Location: 219 North Main Si, DESCRIPTIONS Photo No. 5 Taken from the east side of Water Street at the intersection with Mulberry looking to the southwest along the east side of the building and Water Street r-- Photo No. 6 Taken from the same location as No. 5 looking southeast across city parking area with the St. Croix River and bridge in the background. Photo By: John Z. Dahl Ca'e Taken . Member 8. 1996 McKINZIE METRO APPRAISALS -13- /3 PHOTOGRAPHS Property Owner: Maple Island Far,., Inc. Property Location: 219 North Main Stree:, Stillwater, MN DESCRIPTIONS Photo No. 7 Taken from near the northeast corner of the property looking to the northeast across the rail road tracks with the Stillwater Yacht Club in the background. Photo No. 8 • Taken from the same location as No. 7 looking to the west across subject parking with a view of the buildings on the west side o Main Street. =EN n�wil._ii: , I~:i Pr I.riq...�.r " .... m. , II 116111111111, .YY..Y. - . M.W' moss ...n....u. In'...i s U.•pn.t .•.•On. . •uwr.j . •u.. . • i ill -- - . ••w•ww ......w.r. n..∎...w. _ ..... • ••• . _ SUES JO ti .J{tl1'p -„ �:_ `y -f. t ete .xr '..: Photo By: John Z. Dahl S -_ oaken: Nic,_mher 8. 199 McKINZIE METRO APPRAISALS -14- /s. • .!0 ptulier.13oat Sewtr f41 i ?c ' In• lrq�o 41 .I p 653t72L4 P.T. 4 ; '13Y n 32o�- 4z'CilySeMtri • City of 5filr Wa�0E8 Cree. ttneXin9 • 36 R.C.P. werLha E. N1ULBE VjJi• I.: L- 223,977 Made Island, In Zi - - Vora•e -Tan rys.R Co. 59097 lectrre t ins • wig 9 an' UJr ASSCCNTETI EYE EDT RECOROVINT S& RV NNW NO (A .T as ■ NM• Of 17 MM1 IM[- h !I W r" I i as st MO �11I • NOM �1 VOL NOUNS MINI •.• tm NR ROME OR PROP040k war pt'am� 17 um, it r Cm) CO MERCY. STREET vIAPLE ISLAND SITE PLAN YUMMY SIMII I. 1 1 1-11. I I i .� ..� } MIL NOM I/ • w.— � 1 ) Ll ' | 1_- -| [ T -U! h14 --T-'--- --�- �f � -�_ . �L [ � | [F F a CI NIT ' .--'-- _� M .. FLOOR PUN sclirt � w� • ______l-_'__' --' ' ' -.� --'--f---- / • SECOND FLOOR PLAN o :- ,,r -,-c = N ) • • I110In!Ilnl!In111!IIIIIdU 111!!'111011 11111111 1111 1111111111111 111 111111.1 1,1111111111 1111111111111 11111111111111111111111111111 O SOUTH ELEVATION 4 I1I[1H1'11 WEST ELEVATION 1 _IlUillll1l.i III 1111 1E1! I IC!! IE! 1E!' 11!■1 1111114 np119L1111M0 81 310211118011 1 10111101001111111111101111111 11111111111111111110111 W1 1 10110116111111 11 Mani( IIIII1111in UI 1111111111111111110111111111111111 11 11I@11119NPIIIIII11101111u1 Ir i i� i plii IIlu1•wl_r.�l! II II 11111•11111111111111•1111 � 11 IIIInlu I plll1 II 1111' III'IIII mo' G19,lill'll'IpI'11;:I 7i 1/16' =1' —o' O NORTH ELEVATION z 1 1 1 1 11 (11111111111111 4-- 0,E a.-aj ®) u 111110110 11111111111 �. 11111111111111 110111111111 00101111R {11 11111IU IIIIIIII .. 1 /16..1, —o. 1111 1/16• =1' —o` O EAST ELEVATION 1/16• =1' -0• MAPLE ISLAND PLANT SITE THE MAPLE ISLAND PLANT SITE WAS PURCHASED BY THE MAINSTREAM DEVELOPMENT PARTNERSHIP IN NOVEMBER OF 1996, WITH THE FIRST MORTGAGE HELD BY THE LAKE ELMO BANK. THE CITY OF STILLWATER CONTRIBUTED A PARCEL OF RAILWAY RIGHT -OF -WAY PURCHASED IN 1991, TO THE SITE IN MAY, 1997. THE SITE HAS BEEN SURVEYED AND IS REGISTERED WITH WASHINGTON COUNTY. WATER STREET PARKING LOT THE DEVELOPER IS NEGOTIATING WITH THE CITY FOR THE PURCHASE OF THIS PARCEL. WITHOUT THIS PARCEL BEING AVAILABLE FOR PRIVATE PARKING, SUPPORTING THE GROCERY STORE, THE GROCERY WHOLESALER WILL NOT GUARANTEE THE LEASE FOR THE RETAILING GROCER. APPROXIMATELY $250,000 OF IMPROVEMENTS ARE REQUIRED TO BRING THE PARKING INTO COMPLIANCE WITH CITY ORDINANCE. BNRR PROPERTIES THE DEVELOPER IS ALSO NEGOTIATING WITH THE BNRR FOR ADJACENT, SCATTERED PARCELS OF RR RIGHT -OF -AWAY IN THE AREA. IT IS THE DEVELOPER'S INTENT TO SELL A PARCEL TO THE CITY FOR THEIR COMPLETION OF THE LOWELL PARK PROJECT. THE CITY WILL RE- IMBURSE THE DEVELOPER FOR THAT PARCEL FROM THE TAX INCREMENT THE PROJECT WILL BE GENERATING. • • • • • RE- DEVELOPMENT RENOVATION PHASE I OF THE RENOVATION PROGRAM IS NEARLY COMPLETE. THE HARDWARE STORE, MAPLE ISLAND HARDWARE COMPANY, WAS SITED MAY 1, 1997 AND IS OPERATING. RENOVATION FOR THE SECOND TENANT HAS BEEN DELAYED, HOWEVER, THEY SHOULD BE SITED ON OR BEFORE MARCH 1, 1998 DEMOLITION AND SITE PREPARATION DEMOLITION WAS SCHEDULED TO BEGIN NOVEMBER 1, 1997 HOWEVER, THE DEVELOPER FAILED TO RECEIVE UPFRONT TAX INCREMENT APPROVAL FROM THE CITY AND DEMOLITION WAS NOT INTIATED. THE COST FOR THIS PART OF THE PROGRAM IS ESTIMATED TO BE $250,000 AND AN ADDITIONAL $80,000 FOR ENGINEERING, DESIGN AND TESTING. THE DEVELOPER. WILL RECEIVE RE- IMBURSEMENT FOR THE COST OF DEMOLITION AND ENGINEERING FEES FROM THE SHARED TAX INCREMENT FINANCING BEING MADE AVAILABLE BY THE DEVELOPMENT. CONSTRUCTION THE DEVELOPER HAD ANTICIPATED TO BEGIN CONSTRUCTION ON MARCH 1, 1997, HOWEVER THIS DATE WAS SUBJECT TO CHANGE, DEPENDING UPON NEGOTIATIONS WITH CITY OF STILLWATER. THE TARGET DATE FOR SITING THE GROCERY REMAINS NEAR JULY- AUGUST - SEPTEMBER OF 1998. ESTIMATED COST FOR THIS PHASE IS $2,750,000 AND AN ADDITIONAL $75,000 FOR ENGINEERING AND DESIGN. • WATER STREET PARKING LOT MAINSTREAM DEVELOPMENT PARTNERSHIP HAS PROPOSED TO PURCHASE THIS PARCEL FROM THE CITY FOR $150,000. THE PARKING LOT IS CRITICAL TO SUCCESS OF THE DEVELOPMENT AND OWNERSHIP ALLOWS FOR THE CONTROL AND ACCESS TO THE SUPPORT PARKING FOR THE DEVELOPMENT. PAYMENT TO THE CITY FOR THIS PARCEL WILL BE MADE FROM THE FIRST YEAR OF THE TAX INCREMENT BEING GENERATED BY THE DEVELOPMENT. ADDITIONALLY, THE $250,000 OF IMPROVEMENTS REQUIRED FOR THE PARKING LOT AND THE $25,000 FOR DESIGN AND ENGINEERING, WILL BE PAID TO THE DEVELOPER FROM THE TAX INCREMENT BEING GENERATED BY THE DEVELOPMENT. LOWELL PARK SITE MAINSTREAM DEVELOPMENT PARTNERSHIP WILL SELL TO THE CITY OF STILLWATER AN ADJACENT BNRR RIGHT -OF -WAY PARCEL FOR $150,000. THE CITY WILL RE- IMBURSE THE DEVELOPER FOR THIS AMOUNT THROUGH THE SHARED TAX INCREMENT MADE AVAILABLE BY THE PROJECT. WATER STREET THE CITY OF STILLWATER WILL USE THE BALANCE OF THE TAX INCREMENT GENERATED BY THIS PROJECT TO UPGRADE WATER STREET TO A STANDARD ACCEPTABLE TO THE DEVELOPER, COMPATIBLE WITH THE SURROUNDING ENVIRONMENT AND IN COMPLIANCE WITH CITY ORDINANCE. • TENANTS RETAIL THE RETAIL TENANTS FOR THE PROJECT ARE ASSUMED TO BE COMMUNITY /RETAIL /SERVICES; IE, GROCERY, DELI, BAKERY, HARDWARE, ETC. AND ARE TO BE LOCATED ON THE STREET LEVEL OF THE DEVELOPMENT. COMMERCIAL THE COMMERCIAL TENANTS OF THE DEVELOPMENT ARE LOCATED ON THE SECOND FLOOR OF THE DEVELOPMENT. IT IS INTENDED THAT THE TENANTS WILL BE PROFESSIONAL AND SERVICE ORIENTED. 0 LEASES THE LEASES ARE CALCULATED AT TRIPLE -NET AND PARKING, AT A NOMNIAL MONTHLY CHARGE, WILL BE AVAILABLE IN THE WATER STREET PARKING LOT FOR ALL EMPLOYEES AND TENANTS. ADDITIONAL PARKING WILL BE AVAILABLE ON A FIRST -COME FIRST -SERVE BASIS IN THE SURROUNDING PUBLIC LOTS. GARANTEES PARKING THE CITY OF STILLWATER ORDINANCE REQUIRES PARKING FOR 215 SPACES ON SITE. THE DEVELOPMENT, WITH THE WATER STREET EAST LOT, WOULD PROVIDE FOR 151 SPACES AND THE DEVELOPER HAS REQUESTED THAT THE CITY REVIEW THE MODIFICATION OF AN ADDITIONAL 10 -15 SPACES IN THE SOUTH COMMERICAL STREET LOT. THE DEVELOPER WOULD ALLOW PUBLIC PARKING, IN ALL OF THE SPACES, WHEN EVER THE RETAIL DEVELOPMENT WOULD BE CLOSED; AFTER HOURS, HOLIDAYS, ETC. PARKING REQUIREMENTS ARE CALCULATED BY ORDINANCE AND BASED ON THE 0 SQUARE FOOTAGE OF RETAIL SPACE AND COMMERICAL SPACE BEING DEVELOPED, WITH A PARKING STALL SIZE OF 9' X 18'. ASSUMPTIONS MORTGAGE IT HAS BEEN ASSUMED THAT A MORTGAGE IN THE AMOUNT OF $5,500,000.00 CAN BE ACQUIRED AT A RATE OF NOT MORE THAN 996 PER ANNUM INTEREST. THE PARTNERSHIP IS NEGOTIATING WITH THREE (3) LENDING INSTITUTIONS TO ACQUIRE A MORTGAGE AT THESE TERMS OR BETTER. TAX INCREMENT ASSISTANCE THE DEVELOPER HAS APPLIED FOR TAX INCREMENT ASSISTANCE WITH THE CITY OF STILLWATER. THE CITY HAS ESTIMATED THE INCREMENT AVAILABLE FOR THE PROJECT, TO BE AT $102,000 PER YEAR. THE PROPERTY IS LOCATED IN A TIF DISTRICT THAT HAS TWELVE (12) YEARS REMAINING ON IT'S TERM, THEREFORE, MORE THAN $1,000,000.00 WOULD BE MADE AVAILABLE BY THE DEVELOPMENT. THE DEVELOPER HAS REQUESTED FOR UP -FRONT ASSISTANCE FROM THIS INCREMENT AND HAS BEEN DENIED BY THE CITY. THE DEVELOPER WILL ACCEPT PAY -AS- YOU - GO ASSISTANCE, PROVIDED THAT THE OTHER TERM AND CONDITIONS OF NEED ARE MET. RENTALS THE DEVELOPER HAS ASSUMED THAT TRIPLE NET LEASES CAN BE ACQUIRED FOR BOTH THE RETAIL AND COMMERICAL SPACES MADE AVAILABLE BY THIS PROJECT. RETAIL SPACE WILL BE LEASED FOR $8.00 PERSF AND COMMERCIAL SPACE AT AN AVERAGE OF $14.00 PERSF. TAXES, MAINTAINENCE, COMMON AREA EXPENSES, ETC., ARE TO BE PRO -RATED ON A SF FORMULA. • • • ASSUMPTIONS (CONTINUED) WATER STREET LOT PURCHASE THE DEVELOPER HAS ASSUMED THAT THE CITY OF STILLWATER WILL SELL THE PARCEL OF LAND EAST OF WATER STREET, PRESENTLY USED AS A PUBLIC PARKING AREA, FOR $150,000 OR LESS AND APPROVE IT'S USE AS A SUPPORTING PARKING LOT FOR THIS DEVELOPMENT. PAYMENT BY THE DEVELOPER WILL BE MADE THROUGH THE SHARED TIF PROPOSAL. THE IMPROVEMENTS REQUIRED FOR THIS LOT, $250,000.00 AND $ 25,000.00 • FOR ENGINEERING AND DESIGN, WILL BE MADE BY THE DEVELOPER AND RE- IMBURSEMENT SHALL BE MADE FROM THE SHARED TIF PROPOSAL. BNRR SCATTERED LOTS THE DEVELOPER HAS ASSUMED THAT THE HOLDER OF THE SCATTERED BBRR LOTS CAN BE PURCHASED AT AN AMOUNT LESS THAN THEY HAVE BEEN OFFERED TO THE CITY, $199,000. THE AMOUNT REMAINS INDETERMINATE, HOWEVER, THE DEVELOPER WILL SELL THE LOWELL PARK PARCEL TO THE CITY FOR $150,000.00. 225 MAIN STREET NORTH 223 MAIN STREET NORTH 219 MAIN STREET NORTH GROCERY (23,000 SF @ $8 /SF) COMMERCIAL (28,000 SF @ $14 /SF) PARKING FEES (50 @ $25/MO X 12 MO /YR) MISC. INCOME $ 36,000 36,000 184,000 392,000 15,000 2,000 $ 665,000 EXPENSE INTEREST $ 495,000 ($5,500,000 @ 9 %) TAXES /REAL ESTATE 16,000 (160,000 @ 10 %) TAXES /REAL ESTATE -WATER STREET PARKING 2,500 (25,000 @ 10 %) GENERAL & MAINTAINENCE LABOR 25,000 SECURITY 15,000 CLEANING /CUSTODIAL 12,000 INSURANCE 10,000 TRASH 5,000 OTHER 10,000 $ 590,500 LCD • • • • INCOME OPERATING STATEMENT RENT $ 648,000 FEES 15,000 MISC. 5,000 EXPENSE INTEREST $ 495,000 MANAGEMENT 50,000 TAXES 18,500 FEES /AGENTS 15,000 GENERAL & MAIN. 40,000 MISC & OTHER 37,000 OPERATING PROFIT (LOSS) $ 668,000 $ 655,000 $ 13,000 V CITY OF STILLWATER TAX INCREMENT FINANCING POLICY Purpose: The purpose of this policy is to describe the city's goals and objectives for the use of tax increment financing proposals including requirements, review criteria, eligible activities and funding approach. Goals and Objectives: The goal for the City of Stillwater is to encourage and provide for the revitalization of the city through the development or redevelopment of existing and new commercial, industrial and residential areas, to increase jobs, strengthen the local tax base and to assist in the provision of a variety of affordable housing opportunities for city residents. Objectives: 1. Create a desirable and unique character through compatible land use and quality design in new and redeveloped building. 2. Stabilize and strengthen the local property tax base. 3. Increase job opportunities and city residents. 4. Eliminate blight and substandard conditions that impede the development potential and economic health of the downtown area and other redevelopment district areas. 5. Preserve historically significant structure to reuse in viable commercial, industrial or residential activities. 6. Encourage local business expansion. 7. Promote the development of certain areas and properties consistent with the city comprehensive plan, downtown plan and special area plans. 8. Retain and attract stable industries which provide significant employment and tax base. Procedure: The following process lists the steps the city will follow in reviewing TIF assistance requests: 1 • • 1. The applicant shall present the general development concept and discuss the project with the community development director. 2. A written request shall be submitted to the community development director's office with the information described below along with the attached tax increment financing preapplication, preliminary agreement and deposit. 3. The request will be reviewed internally by staff and consultants, as appropriate. Staff will address completeness of preapplication and generally evaluate the project using the TIF requirements and review criteria. 4. The application shall be placed on the city council agenda. The developer shall make a formal presentation and staff report presented. 5. If the city council preliminary review is positive, a full application shall be filed. A complete study of the project will begin, including financial and market analysis. 6. Concurrent with staff project review and analysis, the developer shall begin city planning permit review. 7. Upon completion of the staffs review and analysis and the planning commission permit recommendation, the reports shall be forwarded to the city council for decision. 8. If the reports are satisfactory to the council, the council may authorize staff to commence negotiations on a development contract to make any modification to the development program for the development district and tax increment financing plan and to follow the statutory procedures for notification to Washington county and the school district. All public hearings, zoning, environmental review requirements and other normal municipal procedures shall be met. 9. If the proposal and all necessary reviews are approved, the applicant shall enter into a detailed development and assessment agreement with the city. The agreement shall include suitable collateralized guarantees, a minimum assessed value for the project, an equity participation agreement as appropriate and guarantees that the tax increments will begin to be received on a certain date, the amount of security required will be based on the city's assessment of the risk of the project. General Requirements for Proposal: 1. Public benefit of assistance must be clearly demonstrated. It must be financially demonstrated that the project will not take place without tax increment assistance. All proposals requesting TIF assistance and that, but for the assistance the project would not go forward or would locate in a different area. 2 2. Developers must provide full disclosure of project financial and market information so that the city can have the information verified and reviewed by a qualified expert. 3. All projects requesting tax increment assistance shall be of the highest quality of design including brick or masonry materials exhibiting a distinctive non - generic style, extensive landscaping, underground irrigation system, screened service and utility areas and subdued exterior lighting and signage. 4. The valuation of built improvements for the proposed project shall be at least $600,000 and offer at least four hundred (400) hours per week of employment opportunity. 5. All proposals shall be located in the development district. 6. Construction for all assisted proposals must start within one year of planning permit approval and be completed within two years. (For extraordinary reasons, this may be extended by the city council.) 7. Assisted sites shall not be landed banked for future use but developed at the time of assistance. 8. TIF proposals shall not be speculative industrial, commercial and office projects. (In general, speculative projects are defined as those projects which have lease agreements for less than 70 percent (70 %) of the available leased space.) 9. TIF assistance will not be used in projects that involve excess lands and/or higher than market property price. 10. The developer shall retain ownership of the project at least two years from the date of completion to stabilize occupancy, establish project management and begin repayment of TIF. Review Criteria 1. Projects shall leverage the maximum private investment possible. Generally, they should achieve an 8 to 1 private to public ratio. Less ratios may be acceptable where an overwhelming public purpose is served. 2. The project must be consistent with the comprehensive plan, downtown plan', special area plans, zoning ordinance requirements and design guidelines. 3. Any developer requesting city assistance must be able to demonstrate past successful general development capability as well as specific capability in the type and size of development proposed. 3 ip 4. Development proposals shall create or retain a significant number of jobs with special priority given to primary wage earner full -time positions. • 5. Proposals shall optimize potential of the site. 6. TIF funding will not be provided to those projects that fail to meet good public policy criteria as determined by the council, including: poor project quality; projects that are not in accord with the comprehensive plan, zoning, redevelopment plans and city policies; projects that provide no significant improvement to surrounding land uses, the neighborhood, and/or the city; projects that do not provide a significant increase in tax base; projects that do not have a significant new, or retained, employment; projects that do not meet financial feasibility criteria established by the city; and projects that do not provide the highest and best desired use for the property. Eligible Uses of Tax Increment Assistance 1. Acquire land or building space which is vacant, unused, under used or inappropriately used. 2. Provide for the financing and construction of public improvements; i.e., water, sanitary sewer and storm sewer lines, roads and drainage. 3. Provide for site preparation; i.e., grading, soil correction, cliff dewatering, landscaping or drainage improvements for private development. 4. Enhance building design and site landscaping. 5. Provide adequate business and shopper parking. 6. Reduce special assessment and write down land costs. Funding Approach The referred Method of •roviding assistance for private projects is the "pay as ou go" approach and the loan approael. "Pay as you go • oes not invo ve e issuance of bonds and thus limits the city's financial exposure in these uncertain times of state enabling legislation. It@ The loan ap • roach involve the sal- • f tax ' . - u - I • • nds and loaning the • roceeds to the • .. • - 'th interest. The repayment funds would be place in a • evelopment account to assist with future development. This lessens the bond risk because there are two income streams, tax increment and loan payments, that can be used to meet the bond obligation. Only in s •ecial unique situations where there is very si:nificant benefio the community, will "up front" assistance be considered. A combination of assistance techniques may a appropnate in some situations. developer which in turn 4 The following TIF allocation criteria will be used as a guideline: (1) A minimum of 50 percent (50 %) of all new TIF proceeds shall be used in the downtown redevelopment district to correct blighted conditions (2) new or expansion of basic industrial development may receive TIF assistance according to the economic development district requirements (maximum eight (8) years of assistance) (3) other commercial office, retail or service business may receive 2 -1/2 years of "pay as you go" assistance (50 percent (50 %) of TIF proceeds for five years) for land write down or special assessment reduction. Principles Used to Review and Negotiate TIF Development Contracts 1. To limit public financial assistance to a project to the minimum amount necessary and assure the successful accomplishment of the project. 2. To keep the payback period for tax increment bonds and loans to the shortest term possible. 3. To provide tax increment assistance only to those projects which general sufficient increment to cover debt service. 4. To provide the greatest security possible to protect the city's investment in the project. 5. To recapture the public investment to the maximum extent possible through equity participation in the project or to treat TIF assistance as a second mortgage with fixed payments. 6. To assist only projects that will not result in significant negative environmental impacts on the city. 7. TIF assistance will not be used to give a competitive financial advantage over similar projects in the area. 5 • • • • CITY OF STILLWATER PRELIMINARY AGREEMENT FOR TAX INCREMENT FINANCING (I) This Preliminary Agreement made and entered into by and between the City of Stillwater, a Municipality organized and operating under the laws of the State of Minnesota (hereinafter called "City ") and a corporation organized under the laws of the State of (hereinafter called "Developer "). WITNESSETH: (II) WHEREAS, the City has received from Developer a request that the City provide tax increment assistance pursuant to Minnesota Statutes, Sections 469.124 through 469.134 and Sections 469.174 through 469.179 (collectively, the "Act ") in connection with a project to be undertaken by the Developer within the City. (III) NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: A. The Developer agrees to deposit with the City $3,000 for any and all expenses and costs of the City in connection with the preparation of the development program and all documentation and procedures required by the Act in connection with the issuance of tax increment bonds, whether or not the tax increment bonds are actually issued, as verified,by itemized statements for services rendered. Costs and expenses shall include, but not be limited to, all out -of- pocket expenses, all fees for legal services, all fees for architectural engineering and financial services including feasibility reports, all administration costs, appraisal costs, all costs of reports and hearings. Monies not expended will be refunded to the applicant. Additional expenses, if any, will be passed to the developer. B. The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to its entering into a Development Agreement. C. All applications and supporting materials and documents shall remain the property of the City. All such materials may be subject to disclosure and /or public review under applicable provisions of State Law. (IV) IN WITNESS WHEREOF, the City and the Developer have executed this Agreement. Approved by the City of Stillwater, Minnesota, this day of , 1989. DEVELOPER: CITY OF STILLWATER Mayor APPLICATION FOR TAX INCREMENT FINANCING ASSISTANCE 1. Qualifications of developer, including prior experience in similar or other developments. Qualifications of principal member of development team, including the architect, construction company, and financial advisor. 2. "But for" letter describing need for TIF assistance. 3. Financial information, including developer participation, and public and private funding. 4. Description of present ownership arrangement of project site. 5. Describe project. If project is a building, or addition to a building, specify number of stories, square footage, and related parking. (Attach site plan, landscape plan, and building elevations indicating building materials. 6. Describe use in building, i.e. industrial, office, commercial, and number of new employees resulting from the project. 7. Estimated project costs: a. Land acquisition: $ b. Site development: $ c. Building cost: $ d. Equipment: $ e. Architectural and engineering fees: $ f. Legal fees: $ g. Bond discount, fees to underwriter and brokerage fees: $ h. Interest during construction: $ i. Off -site development cost: $ j. Initial bond reserve fund: $ k. Contingencies: $ 1. Other (please specify) $ Total $ 1 • • • g. Will project be occupied by applicant after completion? If not, state name of future lessees and status of commitments or lease agreements and amount of space. (Attach lease documents. 9. Describe amounts of City assistance being requested and for discuss what purpose. 0. Are there any significant environmental impacts signs that impacts to the site or area that may result from the project? 11. Present schedule showing dates for design, construction and occupancy of the project 12. Applicant: a. Name b. Address c. Phone d. Authorized Representative e. Business Firm (Partnership, Corporation, etc.) f. Date the Partnership or Corporation was formed 13. Names and addresses of principal partners, major stockholders, etc. Names, addresses, phone, and contact person for firms providing consulting 014. services for the project. a. Architect /Engineering b. Financial c. Market d. Legal e. Other 15. Financial History /References a. Have you applied for conventional financing for the project? List status and details b. Have you or any of the principals in the project ever filed for bankruptcy? c. Have you or any of the principals ever defaulted on property taxes for property in the City of Stillwater? d. Are your or any of the principals currently delinquent on property taxes for property in the City of Stillwater? e. List three financial references 16. A statement indicating the developers willingness to undertake the development of the proposed project if: a. A satisfactory agreement can be reached for the City's commitment for the requested public improvements; b. A satisfactory mortgage and equity financing for the proposed project can be secured; and c. The economic feasibility and soundness of the proposed project have been analyzed and confirmed to the satisfaction of the City and the developer. 17. Statement of willingness of developer to enter into an agreement, after project planning has been completed, which would require developer to provide appropriate guarantees prior to the City's provision of assistance to undertake public activity related to the proposed project. 18. Any other pertinent data developer wishes to propose. 19. The City reserves the right to require additional information and supporting data from the applicant after the filing of this application. Applicant understands and agrees that the information contained in this application and the information contained in items above is intended for use by the City of Stillwater, its officers, employees, and agents in connection with the City's consideration of possible tax increment bond financing for applicant's project; however, the City gives no assurance that this information may not be disclosed, in whole or in part, to persons other than City's officials, employees and agents. The Undersigned, (a) (the) of applicant, hereby represents and warrants to the City that (he) (she) has carefully reviewed this application, and that herewith are accurate and complete to the best of the Undersigned's knowledge and belief. Dated: By: Its: • • • • 2 CITY OF STILLWATER PRE - APPLICATION TAX INCREMENT FINANCING ASSISTANCE Legal name of applicant: MAINSTREAM DEVELOPMNET PARTNERSHIP Address: P_ n_ RfX E 1 n STTTJ.WATER MN 55OR7 Telephone number: 617_414_ROAR Name of contact person: VERN STE_FAN REQUESTED INFORMATION Addendums shall be attached hereto addressing in detail the following: 1. A map showing the exact boundaries of proposed development. 2. Give a general description of the project including: size and location of building(s); business type or use; traffic information including parking, projected vehicle counts and traffic flow; timing of the project; other pertinent information. 3. The existing Comprehensive Plan Land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the land use designation and how the property will be zoned. Explain any discrepancies between the proposed development and the existing land use designation and zoning. 4. A statement identifying the public improvements requested to be financed and why the costs of the improvement cannot be paid by the developer. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobs to be created and other community assets. 6. A written perspective of the developers company or corporation, principals, history and past projects. Applicant understands and agrees that the information contained in this application, and the information contained in items above, is intended for use by the City of Stillwater, its officers, employees, and agents in connection with the City's consideration of possible tax increment bond financing for applicant's project; however, the City gives no assurance that this information may not be disclosed, in whole or p t, to persons other than City's officials, employees and .gents. SIGNATURE Applicant's sign. ure Date Today is Monday October 27, 1997 WASHINGTON COUNTY ASSESSOR'S OFFICE GOVERNMENT CENTER 14900 61st Street North, P.O. Box 6 • Stillwater, Minnesota 55082 -0006 Office (612) 430 -6090 Facsimile Machine (612) 430 -6223 Ms. Diane Deblon, Finance Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE: Mainstream Development, downtown project Dear Ms. Deblon: Scott L. Hevet, CAE County Assessor Dennis Montague, CMA Assistant Co. Assessor Sharoan Harp, CMA Assessment Administrator After meeting with Mr. Stefan and at your request this letter is to provide information pertaining to the development of the old Maple Island property located in downtown. According to Mr. Stefan and his partner the total building cost (excluding the land value) will be approximately S4,200,000. The building size of 60,000 square feet is broken down as follows. 5,000 square feet 3,000 square feet 3,000 square feet 25,000 square feet 23.000 square feet net 59,000 square feet hardware store winery 2°d floor office class B++ grocery store rd floor office Approximate Total 40 parking stalls 200 parking stalls A value indicator would be between $65 and $70 per square foot of gross building area yielding a value range of $3,900,000 to $4,200,000. For equalization purposes the $65 per square foot would be more in line with the other downtown properties. The cost approach and income approaches both yielded values greater than the market approach, however to be more conservative I would recommend the range indicated. Sincerely, Julie G. Roisen, CAE, SAMA Commercial Industrial Appraiser cc: Vern Stefan P.O. Box 160 Stillwater Printed on Recycled Paper AN EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 30% Post Consumer Waste • • • MAINSTREAM DEVELOPMENT OPMENT PARTNERS 1.2 112 NORTH MAIN STREET STILLWATER MINNESOTA 55082 vile Knesel City Administrator City of Stillwater 214N 4th Street Stillwater. N 55082 Dear Nile, 10 November 97 We be the Maple Island Renovation project with the understanding that City participation would be required to ensure an economically successful "community oriented retail " center. The main component in the center is a Sill service grocery store dedicated to serve the Stillwater Community. Mainstream Development Partnership is requesting Tax Increment Financing for the Maple Island Renovation project at 219 North Main St. Since the latest City Council meeting of October 23th, we have rnet with Nash Finch regarding parking requirements. A Nash Finch requirement for a long term lease (20 -25 yrs) is parking provided for the same lease period as described below. 1. Parking in East Lot for Grocery Store: a. 10' wide stalls @ 1 /200sf retail = 100 */- stalls b. 7 days/week, 24 hr parking c. Maintenance d. Control and Enforcement 2. Parking and Access to the South Lot a. Commercial Street access across Main to the south lot. b. 15 minute parking in 10 -15 stalls c. Maintenance d. Control and Enforcement 3. Funds up froth from TIF a. 5300,000. from T1F (building demolition) b. $ ? from TIF (east parking lot improvements) b. City retains Second on property c. Personal guarantees from Mainstream Development Partners We are reiterating Nash Finch's concerns for parking to support the store. We are open to your suggestions to achieve a successful parking solution. Thank you for your consideration and continued support to a grocery store to downtown Stillwater. Respectfully, Mainstream Development Partnership Vern Stefan, Partner MAINSTREAM DEV ELOPMENT PARTNERSHIP 212 1/2 NORTH MAIN STREET STILLWATER MINNESOTA 55082 Morli Weldon City Clerk City of Stillwater 214 N 4th Street Stillwater Mn 55082 Dear Ivlorii, Mainstream Development Partnership is requesting Tax Increment Financing for the Maple Island Renovation project at 219 N Main St. We began the project with the understanding that City participation will be required to ensure an economically successful "community oriented retail " center. The main component in the center is a full service grocery store dedicated to serve the Stillwater community. Downtown Stillwater lease rates ( $ 10- 15/SF) are $ 4-5 /SF above the typical grocery store lease rates, Grocery stores operate on very snail margins and the lease rate is a main variable in determining the success of a grocery store. The grocer ( Riverside Market) and supplier ( Nash Finch ) have completed a detailed market study. The study states reservations regarding the parking and lease rate. We feel it is imperative we address these concerns.. The study recommends a lease rate of $ 6.50 - 7.50 /SF. To meet an acceptable lease rate MDP must determine a way to subsidize the grocers' lease. We intend to make up a portion of the shortfall by higher than average lease rates on second floor offices. We request that the City participate in the shortfall by providing TIF on the project. The TtF will reduce the lease rate to the Grocer and ensure adequate parking for the project. We have reviewed the project with a Washington County tax assessor and City staff. As a result of our discussions we have outlined a proposal for TIF below, Suggested City Participation: 1.. Site Improvements: a. Water Street (curb, gutter, walks, lighting) b. Modification of the City South lot (See site plan) c. Improvements to the East parking lot ( paving, lighting, curb and gutter ). 2. South Building Demolition ( estimated at $250,000 ) MDP will work with the City staff to provide Architectural and Landscape Architecture documents for the work described above, at no cost to the City. We thank you for your consideration an continued support to bring and maintain community oriented retail in the downtown area. Respectfully. Mainstream Development Partnership Tim Stefan i])RIVW ONtIISI I1dYN • • TABLE OF CONTENTS 1. INTRODUCTION 1.1. CITIZEN STATEMENT 2. LOCATION 2.1. CITY 2.2. MAP 2.3. DRAWINGS 2.4. PICTURES 3. LAND 3.1. MAPLE ISLAND 3.2. PARKING LOT - EAST 3.3. BNRR - ADJACENT PROPERTIES 4. RE- DEVELOPMENT 4.1. RENOVATION 4.2. DEMOLITION AND SITE PREPARATION, 4.3. CONSTRUCTION 4.4. WATER STREET PARKING LOT - EAST, IMPROVEMENTS 4.5. LOWELL PARK 4.6. WATER STREET 5. TENANTS 5.1. RETAIL 5.1.1. GROCERY 5.1.2. HARDWARE 5.1.3. SERVICES 5.2. COMMERICAL 5.3. LEASES 5.4. GUARANTEES 5.5. PARKING 6. ASSUMPTIONS 6.1. MORTGAGE 6.2. TAX INCREMENT ASSISTANCE 6.3. RENTALS 6.4. WATER STREET LOT PURCHASE 6.5. BNRR SCATTERED LOT(S) PURCHASE AND SALE • • CONTENTS (CONTINUED) 7. PROFORMA FINANCIAL STATEMENTS 7.1. PARTNERSHIP FINANCIAL STATEMENTS 7.2. CAPITAL SOURCES ANALYSIS 7.3. INCOME AND EXPENSE STATEMENT 7.4. OPERATING STATEMENT 7.5. PROFIT AND LOSS STATEMENT 7.6. CASH FLOW ANALYSIS 8. TAX INCREMENT ASSISTANCE 8.1. POLICY 8.2. APPLICATION 8.3. INCREMENT GENERATION 8.4. APPLICATION OF INCREMENT • INTRODUCTION THE CITY OF STILLWATER'S COMPREHENSIVE PLAN SURVEY, COMPLETED IN NOVEMBER OF 1994 IDENTIFIED THE DESIRE TO ESTABLISH COMMUNITY SERVICE- BUSINESSES THAT WOULD INCLUDE A GROCERY STORE AND A HARDWARE STORE IN THE CENTRAL BUSINESS DISTRICT. THE CITY OF STILLWATER'S DOWNTOWN AREA PLAN HAD RECOGNIZED THE OPPORTUNITY FOR REUSE OF THE MAPLE ISLAND SITE AND HAVE ACTIVELY PERSUED THE RE- DEVELOPMENT OF THE SITE FOR A NUMBER OF YEARS. MOST RECENTLY THE CITY WORKED WITH SUPERVALU IN AN ATTEMPT TO DEVELOPE THE SITE AS A SINGLE -USE GROCERY STORE. SUPERVALU CONCLUDED THAT THE SITE WAS NOT FEASIBLE AND ABANDONED THE PROJECT. THIS SITE IS CRITICAL TO THE DOWNTOWN BECAUSE IT PROVIDES A LINK BETWEEN THE SOUTH MAIN STREET AND THE NORTH MAIN STREET AREAS OF ACTIVITY. THE SITE COULD CONNECT THE THE RIVER AND MULBERRY POINT TO MAIN STREET AND HAS THE POTENTIAL TO CREATE A MAJOR FOCAL POINT FOR THE CENTRAL BUSINESS DISTRICT. IT IS THE INTENT OF THIS PROPOSAL TO SATISFY THE AFOREMENTIONED NEED OF THE CENTRAL BUSINESS DISTRICT, HOWEVER, FOR THE DEVELOPER TO JUSTIFY THE INVESTMENT AND TO OPTIMIZE THE RISK - RETURN FACTOR, THERE ARE NUMEROUS AGREEMENTS THAT ARE REQUIRED FOR THIS PROJECT TO BE SUCCESSFUL. IT IS THE INTENT OF THIS PLAN AND SCHEDULES TO IDENTIFY AND CLARIFY ALL OF THESE CONDITIONS. Businesses voice views on city's future Recently die City of Stillwater Chamber of Commerce, at the request of the City of Stillwa- ter, completed a survey of the Still- water business community to gather information on its views concerning the upcoming overhaul of the down- town Comprehensive Plan. The Comprehensive Plan is the long -range blueprint from which city government operates. It provides a structural guideline for the develop- ment of the city's parks. streets, park- ing lots, and other amenities relevant to a city's needs. As such, it is of great inilxrrlance to all of us who live and work in Stillwater and call this city home. in September of this year. 450 busi- nesses received the survey and 15 percent responded (8 percent is con- sidered a good response rate for mailed surveys). The results are of community -wide interest thecalisc While the focus is 011 the historic downtown, this is the area of Stillwa- ter that seems to generate the most passionate comment from our resi- dents, and is, in fact, a beloved "down- , town." • . When the business community was asked how they would like the Aiple property used when it returns to city control in 1998 (the Aiple property , runs about 1/2 mile from the Andiamo boat docks tiOnnyside marina), the James Laskin City Chamber results were clear. (.)vcr two - thirds of Ole respondents want the Aiple prop- erty used for city parkland with some well- planned parking included. The businesses want the excursion boats moved farther south along the water - front and they are not 111 favor of us- ing Ole old fertilizer plant for an arts vr.nuc. When asked about the downtown business mix, almost three - quarters of the answers were that they wanted more locally useable businesses (gro- cery, hardware, shoes, etc.) and a majority said that they would go even further and limit "similar businesses" in the downtown district. • Public space improvements were very popular; by margins of four- and five -to -one, decorative street lights, bike racks, more street planters and more parking lot landscaping got fa- vorable marks. 11y a literal 10 -to -one margin, a vote was made in favor of better maintenance of our public spaces. It's good to see the business com- munity is not just in favor of more "stuff' but is wisely thinking about how to maintain our public .assets. While the vote leaned toward better maintenance of individual buildings, there was a lack of enthusiasm for further regulation of signage, color or design. When the survey asked 'whether Lowell Park should be finished in accordance with the downtown plan, every single business that responded, with only one exception, voted to carry out that plan. it seems that Lowell Park is very popular indeed! Lastly, businesses were asked how public space improvements might be paid. Property tax assessments were found not to be popular, but grants, state and federal aid were cheerfully suggested as payment options. What Was interesting, was that for the first time, food and liquor taxes or a mod- est general sales tax were deemed an acceptable method of paying for popular public space improvements by a majority of respondents. The Stillwater business commu- nity has given a strong indication of some of their concerns and desires concerning our downtown's National Historic District. We have also agreed to accept a fair share of the cost of bringing our vision of the downtown to fruition. When the up- dated Comprehensive Plan is being drafted. let us hope that these results, along with lots of residents' input, is taken into consideration. Our public lands on the St. Croix River and our downtown national Historic District are great public as- sets. Let us all make sure that they provide the greatest public benefit to the people of Stillwater. James Laskin is a member of the City of Stillwater Chamber of Com- merce. • • • LOCATION THE MAPLE ISLAND DEVELOPMENT INCLUDES THE MAPLE ISLAND PLANT SITE, WATER STREET, THE WATER STREET PARKING LOT AND SCATTERED SITES ADJACENT TO TO THESE PROPERTIES. SUBSEQUENT MAPS DETAIL THE PROPERTIES THAT ARE INVOLVED. THE FULL POTENTIAL OF THE 2+ ACRES CONTAINED IN THE SITE ARE DEPENDENT UPON THE IMPROVEMENT OF WATER STREET, THE WATER STREET PARKING LOT AND MINOR ADJUSTMENTS TO SURROUNDING LAND USES. • CITY OF STILLWATER COMPREHENSIVE PLAN UPDATE 1990 DEMOGRAPHIC PROFILE DEFINITION OF STILLWATER*. PLANNING DISTRICTS PLANNING TOTAL DISTRICTS POPULATION 1. DUTCHTOWN 2. OAK GLEN 3. NORTH HILL IP 4. DOWNTOWN 5. CROIXWOOD 6. SUNNYSLOPE 7. WEST HILL 8. SOUTH HILL 9. HIGHLANDS 10. FOREST HILLS 11. BUSINESS PARK STILLWATER TOTAL 12. BROWN'S CREEK 13. McKUSICK ROAD 14. COUNTY ROAD 12 15. LONG LAKE WEST 16. HIGHWAY 36 OUTSIDE CITY STUDY AREA TOTAL HOUSING AVG. HH UNITS 1Z� 500 186 2.69 1,344 425 '3.16 2,371 849 •2.79 842 388 2.17 2,983 874 3.41 1,145 441 2.60 1,604 617 2.60 2,143 813 2.63 400 175 2.29 676 273 2.48 2 1 2.00 14,011 5,042 2.78 0 0 0 429 120 3.58 214 56 3.82 58 19 3.05 26 8 3.25 727 203 '3.58 14,738. 5,245 2.81 IMIUNTICCIrSIMMI Plonning District Boundories Municipal Boundaries ,So.�rce� US Department Of Commerce, 1990 Census Of Population, (Block Level Demographics) CITY OF STILLWATER COMMUNITY DEVELOPMENT DEPARTMENT INSIGHT MAPPING & DEMOGRAPHICS, Ite 11/ ?3/1993 174 ( s., ' • ' - , • " , \'-i - • • ,) s, %._ ' - .."-- •-•-■ ' \ - n,..• 4 • ',"::, ‘. \ • • ''', •N. -`, 1 1..... as rm.* I. lam 1 t '-, Z'N ' .1 • .." ?.....„L•••••••.,1:\ _./..•• ., • . Co.') '‘' .."'" ".' • I '' • . -.•., -.Nyr-./.^..../1 `s, II_ „.., ' •• • ; ' .. ,. .. C.;Z ,.(1..,:l.....'' ...':.:.:',. 1 • • " • v • .4, 4, ; 7, 47 • 7-• • • ; .f;" --••■ ••'.; •• 17. Ti .171 N \ 1 Vi fl (1,4 416:117 1V) • ,---);;;c--..--4.••;01.11111111111111111111111111ii Mitt [Joon 1. ; 1 I rElir Ea, LICE; 0-00 ODEID 1931EF CO • • 000 • ". • High Density Downtown Housing bfl 0 0 0 • Regional Bus Transfer Stop MAPLE ISLAND SITE ST. CROIX RIVER ® Cerwat Bushoes aso-a — P bic AdninIsIelbn• Office Trar xrlatim U0Ik Part* Parks. Raroalbn Con Space Low Donsly flos►fonllal Makin Donsly Resldonllal IIOt Dunsly Rostbntbl m CET nc Mmha. flcxaoaI n 110 FIB 'PA PA 1110 •R0 el. - PA l PA STILLWATER DOWNTOWN PLAN Proposed Land Use I I I I I 1 I • • • ST. CRCOC RIVER • o0 -. 0 FT [1-7 ' li1 ^ii +ir 017 5� • , Cl ❑ go o•x . i .... 1 •.. •, 1• 11 1'1 1 i 1-1-7 :� D""� �� • 1 Q, m a Q ,.rop o ,❑ r�d •o • 1� - o rl nOda `>J 0000l•a icJ000 , •.r 1 w„ i • i•+ �I IV1... 8 gI �j JIiF_ —L i f J' I 1 On [1 00i :1 U 0 , (. ,:,'I II 181_1..1..1,1 00 .p STILLWATER DOWNTOWN PLAN Special Sites 1-6,9 1111.1 J.,,1 • • • PHOTOGRAPHS Property Owner: Maple Island Property Location: 219 North DESCRIPTIONS Photo No. 1 View of the south end of the building taken from the east side of Main Street looking to the north. Photo No. 2 Old9 /F 507 Similar to No. 1 but taken from the north side of Main Street looking northeast at the front or west side of the subject. n Photo By: John Z. Dahl Novem er McK1NZIE METRO APPRAISALS -11- • Property Owner: PHOTOGRAPHS Maple Island Farm. Main a s r?t ' ,'.: iwaLer . 1N Property Location: 219 North a DESCRIPTIONS Photo No. 3 Similar to No. 2 but further north. Photo No. 4 Taken from near the northeast corner of the property'looking to the southwest at the north end of the building and parking area.._ Photo By John Z. Dahl McKINZIE METRO APPRAISALS -12- Date Take, t S. 1996 November _ -=-�- PHOTOGRAPHS Property Owner: Maple Islan: Property Location: 219 Nor-. DESCRIPTIONS Photo No. 5 Taken from the east side of Water Street at the intersection with Mulberry looking to the southwest along the east side of the building and Water Street Photo No. ..6 Taken from the same location as No. 5 looking southeast across city parking area with the St. Croix River and bridge in the background. Photo By: John Z. Dahl Da McKINZIE METRO APPRAISALS -13- • PHOTOGRAPHS Property Owner: Maple artr. Property Location: 219 Norr.h Main DESCRIPTIONS Photo No. 7 Taken from near the northeast corner of the property looking to the northeast across the rail road tracks with the Stillwater Yacht Club in the background. • Photo No. 8 Taken from the same location as No. 7 looking to the west across subject parking with a view of the buildings on the west side o Main Street. •s.•givaviLwi g•,..psum .11111.1111r 1 ler. • J ••10•1114•0114... •...11660P111• ••11.3111.1110• ••••••• see _ . , - _ Photo By: John Z. Dahl 8. 1996 McKINZIE METRO APPRAISALS -14- 'n 0 • rl lib s 644 •1 Mullet' Doel Sew ,*( Qifcir, ,ri4 lat 118.5 03t12L9 uGt lt« ttineXing a` 018 E.MuLBr WILL Q. 150 • �- 320•41'Cii4Sewtr� 1A, So T.11 36 it.(Y Sawu 1u,a 3i4 223,977 d In AMa le is /a" Dours,ora e- Qn Y' Ij �L t. Ical h a .4 ->rt 4. 14. al NF,P Co.-540W F te.ctrrc t ins 7 • OTY IUt 1 /550CIATED ENE LOT WRIONO RECUREIRMI StAWAY: arra Ma Vr Masa OM it • i w um • RIM% Jill MOW SIR I =NB all PAINING ROM OR pooposak • uri=sir Lin 111 11111 j CQD COIRIOICIAL 'NEU MAPLE ISLAND SITE PLAN El 1(.4) 6 o • N4 c59 9-) • r331 tag. • V -1X-1:UXITA LA:17 Cfirp-fAiTIL 7-7 I I- 1 a MN MN SIM 11111111111111 o- 0 ""'IL •••••• • a -11 C) SCALE : -v-o r _ - FLOOR PLAN 1 —a • • SECOND FLOOR PLAN O sow : -r-o' N • mII11111CSI ,11111111 1111'11111111111M 1111 11111,1111'1 11111.11,1 0 SOUTH ELEVATION 4 'Li 11. ,r VIII'I,.IIIG, O WEST ELEVATION O NORTH ELEVATION s 11111111111161111111 '1111111111111 111111, 1111111111111LIa 1! 11 11III111I1 aamllli8a .. TR IIItlm11111II l /1e' =1' -0' 1!!I� IEM III!, 1E111 �� IEI' ii i i E L IEE IEII mar 111mm9aa11 Bm 81 amm m Idllmolmll I!9-g i1 II! lllmlulllll 1 INPmml!lmllllI II Ilmll1l mll111IlllIg1 11 41111111111111111111111111111M MI ml nllmuulIIP11111m1mm1111 iriiiiii II1!II II !II ,11!!11 I I.!I I M!II, ILL I� 1 O EAST ELEVATION 3 • Vii =r-1r • • LAND MAPLE ISLAND PLANT SITE THE MAPLE ISLAND PLANT SITE WAS PURCHASED BY THE MAINSTREAM DEVELOPMENT PARTNERSHIP IN NOVEMBER OF 1996, WITH THE FIRST MORTGAGE HELD BY THE LAKE ELMO BANK. THE CITY OF STILLWATER CONTRIBUTED A PARCEL OF RAILWAY RIGHT -OF -WAY PURCHASED IN 1991, TO THE SITE IN MAY, 1997. THE SITE HAS BEEN SURVEYED AND IS REGISTERED WITH WASHINGTON COUNTY. WATER STREET PARKING LOT THE DEVELOPER IS NEGOTIATING WITH THE CITY FOR THE PURCHASE OF THIS PARCEL. WITHOUT THIS PARCEL BEING AVAILABLE FOR PRIVATE PARKING, SUPPORTING THE GROCERY STORE, THE GROCERY WHOLESALER • WILL NOT GUARANTEE THE LEASE FOR THE RETAILING GROCER. APPROXIMATELY $250,000 OF IMPROVEMENTS ARE REQUIRED TO BRING THE PARKING INTO COMPLIANCE WITH CITY ORDINANCE. BNRR PROPERTIES THE DEVELOPER IS ALSO NEGOTIATING WITH THE BNRR FOR ADJACENT, SCATTERED PARCELS OF RR RIGHT -OF -AWAY IN THE AREA. IT IS THE DEVELOPER'S INTENT TO SELL A PARCEL TO THE CITY FOR THEIR COMPLETION OF THE LOWELL PARK PROJECT. THE CITY WILL RE- IMBURSE THE DEVELOPER FOR THAT PARCEL FROM THE TAX INCREMENT THE PROJECT WILL BE GENERATING. • • RE- DEVELOPMENT RENOVATION PHASE I OF THE RENOVATION PROGRAM IS NEARLY COMPLETE. THE HARDWARE STORE, MAPLE ISLAND HARDWARE COMPANY, WAS SITED MAY 1, 1997 AND IS OPERATING. RENOVATION FOR THE SECOND TENANT HAS BEEN DELAYED, HOWEVER, THEY SHOULD BE SITED ON OR BEFORE MARCH 1, 1998 DEMOLITION AND SITE PREPARATION pEMOLITION WAS SCHEDULED TO BEGIN NOVEMBER 1, 1997 HOWEVER, THE DEVELOPER FAILED TO RECEIVE UPFRONT TAX INCREMENT APPROVAL FROM THE CITY AND DEMOLITION WAS NOT INTIATED. THE COST FOR THIS PART OF THE PROGRAM IS ESTIMATED TO BE $250,000 AND AN ADDITIONAL $80,000 FOR ENGINEERING, DESIGN AND TESTING. THE DEVELOPER WILL RECEIVE RE- IMBURSEMENT FOR THE COST OF DEMOLITION AND ENGINEERING FEES FROM THE SHARED TAX INCREMENT FINANCING BEING MADE AVAILABLE BY THE DEVELOPMENT. CONSTRUCTION THE DEVELOPER HAD ANTICIPATED TO BEGIN CONSTRUCTION ON MARCH 1, 1997, HOWEVER THIS DATE WAS SUBJECT TO CHANGE, DEPENDING UPON NEGOTIATIONS WITH CITY OF STILLWATER. THE TARGET DATE FOR SITING THE GROCERY REMAINS NEAR JULY- AUGUST - SEPTEMBER OF 1998. ESTIMATED COST FOR THIS PHASE IS $2,750,000 AND AN ADDITIONAL $75,000 FOR ENGINEERING AND DESIGN. • • WATER STREET PARKING LOT MAINSTREAM DEVELOPMENT PARTNERSHIP HAS PROPOSED TO PURCHASE THIS PARCEL FROM THE CITY FOR $150,000. THE PARKING LOT IS CRITICAL TO SUCCESS OF THE DEVELOPMENT AND OWNERSHIP ALLOWS FOR THE CONTROL AND ACCESS TO THE SUPPORT PARKING FOR THE DEVELOPMENT. PAYMENT TO THE CITY FOR THIS PARCEL WILL BE MADE FROM THE FIRST YEAR OF THE TAX INCREMENT BEING GENERATED BY THE DEVELOPMENT. ADDITIONALLY, THE $250,000 OF IMPROVEMENTS REQUIRED FOR THE PARKING LOT AND THE $25,000 FOR DESIGN AND ENGINEERING, WILL BE PAID TO THE DEVELOPER FROM THE TAX INCREMENT BEING GENERATED BY THE DEVELOPMENT. LOWELL PARK SITE MAINSTREAM DEVELOPMENT PARTNERSHIP WILL SELL TO THE CITY OF STILLWATER AN ADJACENT BNRR RIGHT -OF -WAY PARCEL FOR $150,000. THE CITY WILL RE- IMBURSE THE DEVELOPER FOR THIS AMOUNT THROUGH THE SHARED TAX INCREMENT MADE AVAILABLE BY THE PROJECT. WATER STREET THE CITY OF STILLWATER WILL USE THE BALANCE OF THE TAX INCREMENT GENERATED BY THIS PROJECT TO UPGRADE WATER STREET TO A STANDARD ACCEPTABLE TO THE DEVELOPER, COMPATIBLE WITH THE SURROUNDING ENVIRONMENT AND IN COMPLIANCE WITH CITY ORDINANCE. • • TENANTS RETAIL THE RETAIL TENANTS FOR THE PROJECT ARE ASSUMED TO BE COMMUNITY /RETAIL /SERVICES; IE, GROCERY, DELI, BAKERY, HARDWARE, ETC. AND ARE TO BE LOCATED ON THE STREET LEVEL OF THE DEVELOPMENT. COMMERCIAL THE COMMERCIAL TENANTS OF THE DEVELOPMENT ARE LOCATED ON THE SECOND FLOOR OF THE DEVELOPMENT. IT IS INTENDED THAT THE TENANTS WILL BE PROFESSIONAL AND SERVICE ORIENTED. LEASES THE LEASES ARE CALCULATED AT TRIPLE -NET AND PARKING, AT A NOMNIAL MONTHLY CHARGE, WILL BE AVAILABLE IN THE WATER STREET PARKING LOT FOR ALL EMPLOYEES AND TENANTS. ADDITIONAL PARKING WILL BE AVAILABLE ON A FIRST -COME FIRST -SERVE BASIS IN THE SURROUNDING PUBLIC LOTS. GARANTEES PARKING THE CITY OF STILLWATER ORDINANCE REQUIRES PARKING FOR 215 SPACES ON SITE. THE DEVELOPMENT, WITH THE WATER STREET EAST LOT, WOULD PROVIDE FOR 151 SPACES AND THE DEVELOPER HAS REQUESTED THAT THE CITY REVIEW THE MODIFICATION OF AN ADDITIONAL 10 -15 SPACES IN THE SOUTH COMMERICAL STREET LOT. THE DEVELOPER WOULD ALLOW PUBLIC PARKING, IN ALL OF THE SPACES, WHEN EVER THE RETAIL DEVELOPMENT WOULD BE CLOSED; AFTER HOURS, HOLIDAYS, ETC. PARKING REQUIREMENTS ARE CALCULATED BY ORDINANCE AND BASED ON THE SQUARE FOOTAGE OF RETAIL SPACE AND COMMERICAL SPACE BEING DEVELOPED, WITH A PARKING STALL SIZE OF 9' X 18'. • • ASSUMPTIONS MORTGAGE IT HAS BEEN ASSUMED THAT A MORTGAGE IN THE AMOUNT OF $5,500,000.00 CAN BE ACQUIRED AT A RATE OF NOT MORE THAN 996 PER ANNUM INTEREST. THE PARTNERSHIP IS NEGOTIATING WITH THREE (3) LENDING INSTITUTIONS TO ACQUIRE A MORTGAGE AT THESE TERMS OR BETTER. TAX INCREMENT ASSISTANCE THE DEVELOPER HAS APPLIED FOR TAX INCREMENT ASSISTANCE WITH THE CITY OF STILLWATER. THE CITY HAS ESTIMATED THE INCREMENT AVAILABLE FOR THE PROJECT, TO BE AT $102,000 PER YEAR. THE PROPERTY IS LOCATED IN A TIF DISTRICT THAT HAS TWELVE (12) YEARS REMAINING ON IT'S TERM, THEREFORE, MORE THAN $1,000,000.00 WOULD BE MADE AVAILABLE BY THE DEVELOPMENT. THE DEVELOPER HAS REQUESTED FOR UP -FRONT ASSISTANCE FROM THIS INCREMENT AND HAS BEEN DENIED BY THE CITY. THE DEVELOPER WILL ACCEPT PAY -AS- YOU - GO ASSISTANCE, PROVIDED THAT THE OTHER TERM AND CONDITIONS OF NEED ARE MET. RENTALS THE DEVELOPER HAS ASSUMED THAT TRIPLE NET LEASES CAN BE ACQUIRED FOR BOTH THE RETAIL AND COMMERICAL SPACES MADE AVAILABLE BY THIS PROJECT. RETAIL SPACE WILL BE LEASED FOR $8.00 PERSF AND COMMERCIAL SPACE AT AN AVERAGE OF $14.00 PERSF. TAXES, MAINTAINENCE, COMMON AREA EXPENSES, ETC., ARE TO BE PRO -RATED ON A SF FORMULA. • • ASSUMPTIONS (CONTINUED) WATER STREET LOT PURCHASE THE DEVELOPER HAS ASSUMED THAT THE CITY OF STILLWATER WILL SELL THE PARCEL OF LAND EAST OF WATER STREET, PRESENTLY USED AS A PUBLIC PARKING AREA, FOR $150,000 OR LESS AND APPROVE IT'S USE AS A SUPPORTING PARKING LOT FOR THIS DEVELOPMENT. PAYMENT BY THE DEVELOPER WILL BE MADE THROUGH THE SHARED TIF PROPOSAL. THE IMPROVEMENTS REQUIRED FOR THIS LOT, $250,000.00 AND $ 25,000.00 FOR ENGINEERING AND DESIGN, WILL BE MADE BY THE DEVELOPER AND RE- IMBURSEMENT SHALL BE MADE FROM THE SHARED TIF PROPOSAL. BNRR SCATTERED LOTS THE DEVELOPER HAS ASSUMED THAT THE HOLDER OF THE SCATTERED BBRR LOTS CAN BE PURCHASED AT AN AMOUNT LESS THAN THEY HAVE BEEN OFFERED TO THE CITY, $199,000. THE AMOUNT REMAINS INDETERMINATE, HOWEVER, THE DEVELOPER WILL SELL THE LOWELL PARK PARCEL TO THE CITY FOR $150,000.00. • • • CAPITAL SOURCES ANALYSIS DATE DESCRIPTION AMOUNT BALANCE 1/1/98 RESET LEB $100,000 $ 100,000 3/1/98 MORTGAGE /223 200,000 300,000 4/1/98 SALE /212 -4 150,000 450,000 4/1/98 SALE /BNRR 75,000 525,000 1998 RENT /ESCROW 95,000 620,000 1999 TIF 100,000 720,000 2000 TIF 100,000 820,000 2001 TIF 100,000 920,000 2002 TIF 100,000 1,020,000 2003 TIF 100,000 1,120,000 TOTAL $ 1,120,000 • • 225 MAIN STREET NORTH 223 MAIN STREET NORTH 219 MAIN STREET NORTH GROCERY (23,000 SF @ $8 /SF) COMMERCIAL (28,000 SF @ $14 /SF) PARKING FEES (50 @ $25/MO X 12 MO /YR) MISC. INCOME 36,000 36,000 184,000 392,000 15,000 2,000 $ 665,000 EXPENSE INTEREST $ 495,000 ($5,500,000 @ 90) TAXES /REAL ESTATE 16,000 (160,000 @ 100) TAXES /REAL ESTATE -WATER STREET PARKING 2,500 (25,000 @ 100) GENERAL & MAINTAINENCE LABOR 25,000 SECURITY 15,000 CLEANING /CUSTODIAL 12,000 INSURANCE 10,000 TRASH 5,000 OTHER 10,000 $ 590,500 • • INCOME OPERATING STATEMENT RENT $ 648,000 FEES 15,000 MISC. 5,000 $ 668,000 EXPENSE INTEREST $ 495,000 MANAGEMENT 50,000 TAXES 18,500 FEES /AGENTS 15,000 GENERAL & MAIN. 40,000 MISC & OTHER 37,000 $ 655,000 OPERATING PROFIT (LOSS) $ 13,000 • INCOME OPERATING STATEMENT RENT $ 648,000 FEES 15,000 MISC. 5,000 • EXPENSE INTEREST $ 440,000 MANAGEMENT 50,000 TAXES 18,500 FEES /AGENTS 15,000 GENERAL & MAIN. 40,000 MISC & OTHER 37,000 OPERATING PROFIT (LOSS) $ 668,000 $ 600,500 $ 67,500 • CITY OF STILLWATER TAX INCREMENT FINANCING POLICY Purpose: The purpose of this policy is to describe the city's goals and objectives for the use of tax increment financing proposals including requirements, review criteria, eligible activities and funding approach. Goals and Objectives: The goal for the City of Stillwater is to encourage and provide for the revitalization of the city through the development or redevelopment of existing and new commercial, industrial and residential areas, to increase jobs, strengthen the local tax base and to assist in the provision of a variety of affordable housing opportunities for city residents. Objectives: 1. Create a desirable and unique character through compatible land use and quality design in new and redeveloped building. II2. Stabilize and strengthen the local property tax base. 3. Increase job opportunities and city residents. 4. Eliminate blight and substandard conditions that impede the development potential and economic health of the downtown area and other redevelopment district areas. 5. Preserve historically significant structure to reuse in viable commercial, industrial or residential activities. 6. Encourage local .business expansion. 7. Promote the development of certain areas and properties consistent with the city comprehensive plan, downtown plan and special area plans. 8. Retain and attract stable industries which provide significant employment and tax base. Procedure: The following process lists the steps the city will follow in reviewing TIF assistance requests: • • 1. The applicant shall present the general development concept and discuss the project with the community development director. 2. A written request shall be submitted to the community development director's office with the information described below along with the attached tax increment financing preapplication, preliminary agreement and deposit. 3. The request will be reviewed internally by staff and consultants, as appropriate. Staff will address completeness of preapplication and generally evaluate the project using the TIF requirements and review criteria. 4. The application shall be placed on the city council agenda. The developer shall make a formal presentation and staff report presented. 5. If the city council preliminary review is positive, a full application shall be filed. A complete study of the project will begin, including financial and market analysis. 6. Concurrent with staff project review and analysis, the developer shall begin city planning permit review. 7. Upon completion of the staffs review and analysis and the planning commission permit recommendation, the reports shall be forwarded to the city council for decision. 8. If the reports are satisfactory to the council, the council may authorize staff to commence negotiations on a development contract to make any modification to the development program for the development district and tax increment financing plan and to follow the statutory procedures for notification to Washington county and the school district. All public hearings, zoning, environmental review requirements and other normal municipal procedures shall be met. 9. If the proposal and all necessary reviews are approved, the applicant shall enter into a detailed development and assessment agreement with the city. The agreement shall include suitable collateralized guarantees, a minimum assessed value for the project, an equity participation agreement as appropriate and guarantees that the tax increments will begin to be received on a certain date, the amount of security required will be based on the city's assessment of the risk of the project. General Requirements for Proposal: 1. Public benefit of assistance must be clearly demonstrated. It must be financially demonstrated that the project will not take place without tax increment assistance. All proposals requesting TIF assistance and that, but for the assistance the project would not go forward or would locate in a different area. 2 • • 2. Developers must provide full disclosure of project financial and market information so that the city can have the information verified and reviewed by a qualified expert. 3. All projects requesting tax increment assistance shall be of the highest quality of design including brick or masonry materials exhibiting a distinctive non - generic style, extensive landscaping, underground irrigation system, screened service and utility areas and subdued exterior lighting and signage. 4. The valuation of built improvements for the proposed project shall be at least $600,000 and offer at least four hundred (400) hours per week of employment opportunity. 5. All proposals shall be located in the development district. 6. Construction for all assisted proposals must start within one year of planning permit approval and be completed within two years. (For extraordinary reasons, this may be extended by the city council.) 7. Assisted sites shall not be landed banked for future use but developed at the time of assistance. 8. TIF proposals shall not be speculative industrial, commercial and office projects. (In general, speculative projects are defined as those projects which have lease agreements for less than 70 percent (70 %) of the available leased space.) 9. TIF assistance will not be used in projects that involve excess lands and /or higher than market property price. 10. The developer shall retain ownership of the project at least two years from the date of completion to stabilize occupancy, establish project management and begin repayment of TIF. Review Criteria 1. Projects shall leverage the maximum private investment possible. Generally, they should achieve an 8 to 1 private to public ratio. Less ratios may be acceptable where an overwhelming public purpose is served. 2. The project must be consistent with the comprehensive plan, downtown plan, special area plans, zoning ordinance requirements and design guidelines. 3. Any developer requesting city assistance must be able to demonstrate past successful general development capability as well as specific capability in the type and size of development proposed. 3 • 4. Development proposals shall create or retain a significant number of jobs with special priority given to primary wage earner full -time positions. • • 5. Proposals shall optimize potential of the site. 6. TIF funding will not be provided to those projects that fail to meet good public policy criteria as determined by the council, including: poor project quality; projects that are not in accord with the comprehensive plan, zoning, redevelopment plans and city policies; projects that provide no significant improvement to surrounding land uses, the neighborhood, and/or the city; projects that do not provide a significant increase in tax base; projects that do not have a significant new, or retained, employment; projects that do not meet financial feasibility criteria established by the city; and projects that do not provide the highest and best desired use for the property. Eligible Uses of Tax Increment Assistance 1. Acquire land or building space which is vacant, unused, under used or inappropriately used. 2. Provide for the financing and construction of public improvements; i.e., water, sanitary sewer and storm sewer lines, roads and drainage. 3. Provide for site preparation; i.e., grading, soil correction, cliff dewatering, landscaping or drainage improvements for private development. 4. Enhance building design and site landscaping. 5: Provide adequate business and shopper parking. 6. Reduce special assessment and write down land costs. Funding Approach The .referred a -thod of .roviding assistance for private projects is the ".ay as ou .o" approach and the loan approach. "Pay as you go • oes not invo ve e issuance of bonds and thus limits the city's financial exposure in these uncertain times of state enabling legislation. The loan ap roach involve the sa ft developer which in turn ds and loanin• the .roceeds to the ith interest. The repayment funds would be place • in a • evelopment account to assist with future development. This lessens the bond risk because there are two income streams, tax increment and loan payments, that can be used to meet the bond obligation. Only in special unique situations where there is very significant bene to the community, will "up front" assistance be considered. A combination of assistance techniques may e appropriate in some situations. 4 The following TIF allocation criteria will be used as a guideline: (1) A minimum of 50 percent (50 %) of all new TIF proceeds shall be used in the downtown redevelopment district to correct blighted conditions (2) new or expansion of basic industrial development may receive TIF assistance according to the economic development district requirements (maximum eight (8) years of assistance) (3) other commercial office, retail or service business may receive 2 -1/2 years of "pay as you go" assistance (50 percent (50 %) of TIF proceeds for five years) for land write down or special assessment reduction. Principles Used to Review and Negotiate TIF Development Contracts 1. To limit public financial assistance to a project to the minimum amount necessary and assure the successful accomplishment of the project. 2. To keep the payback period for tax increment bonds and loans to the shortest term possible. 3. To provide tax increment assistance only to those projects which general sufficient increment to cover debt service. 4. To provide the greatest security possible to protect the city's investment in the project. 5. To recapture the public investment to the maximum extent possible through equity participation in the project or to treat TIF assistance as a second mortgage with fixed payments. • 6. To assist only projects that will not result in significant negative environmental impacts on the city. 7. TIF assistance will not be used to give a competitive financial advantage over similar projects in the area. 5 • • • CITY OF STILLWATER PRELIMINARY AGREEMENT FOR TAX INCREMENT FINANCING (I) This Preliminary Agreement made and entered into by and between the City of Stillwater, a Municipality organized and operating under the laws of the State of Minnesota (hereinafter called "City ") and a corporation organized under the laws of the State of (hereinafter called "Developer "). WITNESSETH: (II) WHEREAS, the City has received from Developer a request that the City provide tax increment assistance pursuant to Minnesota Statutes, Sections 469.124 through 469.134 and Sections 469.174 through 469.179 (collectively, the "Act ") in connection with a project to be undertaken by the Developer within the City. (III) NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: A. The Developer agrees to deposit with the City $3,000 for any and all expenses and costs of the City in connection with the preparation of the development program and all documentation and procedures required by the Act in connection with the issuance of tax increment bonds, whether or not the tax increment bonds are actually issued, as verified,by itemized statements for services rendered. Costs and expenses shall include, but not be limited to, all out -of- pocket expenses, all fees for legal services, all fees for architectural engineering and financial services including feasibility reports, all administration costs, appraisal costs, all costs of reports and hearings. Monies not expended will be refunded to the applicant. Additional expenses, if any, will be passed to the developer. B. The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to its entering into a Development Agreement. C. All applications and supporting materials and documents shall remain the property of the City. All such materials may be subject to disclosure and /or public review under applicable provisions of State Law. (IV) IN WITNESS WHEREOF, the City and the Developer have executed this Agreement. Approved by the City of Stillwater, Minnesota, this day of , 1989. DEVELOPER: CITY OF STILLWATER Mayor APPLICATION FOR TAX INCREMENT FINANCING ASSISTANCE 1. Qualifications of developer, including prior experience in similar or other developments. Qualifications of principal member of development team, including the architect, construction company, and financial advisor. 2. "But for" letter describing need for TIF assistance. 3. Financial information, including developer participation, and public and private funding. 4. Description of present ownership arrangement of project site. 5. Describe project. If project is a building, or addition to a building, specify number of stories, square footage, and related parking. (Attach site plan, landscape plan, and building elevations indicating building materials. 6. Describe use in building, i.e. industrial, office, commercial, and number of new employees resulting from the project. 7. Estimated project costs: a. Land acquisition: $ b. Site development: $ c. Building cost: $ d. Equipment: $ e. Architectural and engineering fees: $ f. Legal fees: $ g. Bond discount, fees to underwriter and brokerage fees: $ h. Interest during construction: $ i. Off -site development cost: $ j. Initial bond reserve fund: $ k. Contingencies: $ 1. Other (please specify) $ Total $ 1 8. Will project be occupied by applicant after completion? If not, state name of future lessees and status of commitments or lease agreements and amount of space. (Attach lease documents. 9. Describe amounts of City assistance being requested and for discuss what purpose. 0. Are there any significant environmental impacts signs that impacts to the site or area that may result from the project? 11. Present schedule showing dates for design, construction and occupancy of the project 12. Applicant: a. Name b. Address c. Phone d. Authorized Representative e. Business Firm (Partnership, Corporation, etc.) f. Date the Partnership or Corporation was formed 13. Names and addresses of principal partners, major stockholders, etc. 14. Names, addresses, phone, and contact person for firms providing consulting services for the project. •a. Architect /Engineering b. Financial c. Market d. Legal e. Other 15. Financial History /References a. Have you applied for conventional financing for the project? List status and details b. Have you or any of the principals in the project ever filed for bankruptcy? c. Have you or any of the principals ever defaulted on property taxes for property in the City of Stillwater? d. Are your or any of the principals currently delinquent on property taxes for property in the City of Stillwater? e. List three financial references 16. A statement indicating the developers willingness to undertake the development of the proposed project if: a. A satisfactory agreement can be reached for the City's commitment for the requested public improvements; b. A satisfactory mortgage and equity financing for the proposed project can be secured; and 2 c. The economic feasibility and soundness of the proposed project have been analyzed and confirmed to the satisfaction of the City and the developer. 17. Statement of willingness of developer to enter into an agreement, after project planning has been completed, which would require developer to provide appropriate guarantees prior to the City's provision of assistance to undertake public activity related to the proposed project. 18. Any other pertinent data developer wishes to propose. 19. The City reserves the right to require additional information and supporting data from the applicant after the filing of this application. Applicant understands and agrees that the information contained in this application and the information contained in items above is intended for use by the City of Stillwater, its officers, employees, and agents in connection with the City's consideration of possible tax increment bond financing for applicant's project; however, the City gives no assurance that this information may not be disclosed, in whole or in part, to persons other than City's officials, employees and agents. The Undersigned, (a) (the) of applicant, hereby represents and warrants to the City that (he) (she) has carefully reviewed this application, and that herewith are accurate and complete to the best of the Undersigned's knowledge and belief. • Dated: By: Its: • s • • 2 CITY OF STILLWATER PRE - APPLICATION TAX INCREMENT FINANCING ASSISTANCE Legal name of applicant: MAINSTREAM DEVELOPMNET PARTNERSHIP Address: P. RnX 610 STTT.T,WATF.R MN 55nR9 Telephone number: 61 9.41q _ RORR Name of contact person: REQUESTED INFORMATION Addendums shall be attached hereto addressing in detail the following: 1. A map showing the exact boundaries of proposed development. 2. Give a general description of the project including: size and location of building(s); business type or use; traffic information including parking, projected vehicle counts and traffic flow; timing of the project; other pertinent information. 3. The existing Comprehensive Plan land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the land use designation and how the property will be zoned. Explain any discrepancies between the proposed development and the existing land use designation and zoning. 4. A statement identifying the public improvements requested to be financed and why the costs of the improvement cannot be paid by the developer. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobs to be created and other community assets. 6. A written perspective of the developers company or corporation, principals, history and past projects. Applicant understands and agrees that the information contained in this application, and the information contained in items above, is intended for use by the City of Stillwater, its officers, employees, and agents in connection with the City's consideration of possible tax increment bond financing for applicant's project; however, the City gives no assurance that this information may not be disclosed, in whole or p, t, to persons other than City's officials, employees and .gents. AA11A TRA VERN STEFAN SIGNATURE Applicant's sign ure Date • G -- Today is Monday October 27, 1997 WASHINGTON COUNTY ASSESSOR'S OFFICE GOVERNMENT CENTER 14900 61st Street North, P.O. Box 6 • Stillwater, Minnesota 55082-0006 Office (612) 430 -6090 Facsimile Machine (612) 430-6223 Ms. Diane Deblon, Finance Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE: Mainstream Development, downtown project Dear Ms. Deblon: Scott L. Hovet, CAE County Assessor Dennis Montague, CMA Assistant Co. Assessor Sharoan Harp, CMA Assessment Administrator After meeting with Mr. Stefan and at your request this letter is to provide information pertaining to the development of the old Maple Island property located in downtown. According to Mr. Stefan and his partner the total building cost (excluding the land value) will be approximately $4, 200, 000. The building size of 60,000 square feet is broken down as follows. 5,000 square feet 3,000 square feet 3,000 square feet 25,000 square feet 23.000 square feet net 59,000 square feet hardware store viinery 2nd floor office class B++ grocery store 2°d floor office Approximate Total 40 parking stalls 200 parking stalks A value indicator would be between $65 and $70 per square foot of gross building area yielding a value range of $3,900,000 to S4,200,000. For equalization purposes the $65 per square foot would be more in line with the other downtown properties. The cost approach and income approaches both yielded values greater than the market approach, however to be more conservative I would recommend the range indicated. Sincerely, -J. Julie G. Roisen, CAE, SAMA Commercial ial Industrial Appraiser cc: Vem Stefan P.O. Box 160 Stillwater Printed on Recycled Paper AN EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 3076 Poet Consurter Waste I MAINSTREAM DEVELOPMENT PARTNERSHIP 212 1/2 NORTH MAIN STREET STILLWATER MINNESOTA 55082 Nile Kriesel City Administrator City of Stillwater 214 N 4th Street Stillwater. N N 55082 Dear Nile, 10 November 97 We began the Maple Island Renovation project with the understanding that City participation would be required to ensure an economically successful "community oriented retail " center. The main component in the center is a full service grocery store dedicated to serve the Stillwater Community. Mainstream Development Partnership is requesting Tax Increment Financing for the Maple Island Renovation project at 219 North Main St. Since the latest City Council meeting of October 28th, we have met with Nash Finch regarding parking requirements. A Nash Finch requirement for a long term lease (20 -25 yrs) is parking provided for the same lease period as described below. 1. Parking in East Lot for Grocery Store: a. 10' wide stalls @ 1 /200sf retail = 100 4-I- stalls b. 7 days/week, 24 hr parking c. Maintenance d. Control and Enforcement 2. Parking and Access to the South Lot a. Commercial Street access across Main to the south lot. b. 15 minute parking in 10 -15 stalls c. Maintenance d. Control and Enforcement 3. Funds up front from TIF a. $300,000. from TIF (building demolition) b. $ ? from TIF (east parking lot improvements) b. City retains Second on property c. Personal guarantees from Mainstream Development Partners We are reiterating Nash Finch's concerns for parking to support the store. We are open to your suggestions to achieve a successful parking solution. Thank you for your consideration and continued support to a grocery store to downtown Stillwater. Respectfully, Mainstremn Development Partnership Vern Stefan, Partner MAINSTREAM DEVELOPMENT PARTNERSHIP 212 1/2 NORTH MAIN STREET STILLWATER MINNESOTA 55082 Morli Weldon City Clerk City of Stillwater 214 N 4th Street Stillwater Mn 55082 Dear Morli, Mainstream Development Partnership is requesting Tax Increment Financing for the Maple Island Renovation project at 219 N Main St. We began the project with the understanding that City participation will be required to ensure an economically successful "community oriented retail " center. The main component in the center is a full service grocery store dedicated to serve the Stillwater community. Downtown Stillwater lease rates ( $ 10- 15 /SF) are S 4-5 /SF above the typical grocery store lease rates. Grocery stores operate on very small margins and the lease rate is a main variable in determining the success of a grocery store. The grocer ( Riverside Market) and supplier ( Nash Finch ) have completed a detailed market study. The study states reservations regarding the parking and lease rate. We feel it is imperative we address these concerns.. The study recommends a lease rate of $ 6.50 - 7,50 /SF, To meet an acceptable lease rate MDP must determine a way to subsidize the grocers' lease. We intend to make up a portion of the shortfall by higher than average lease rates on second floor offices. We request that the City participate in the shortfall by providing TIF on the project. The TtF will reduce the lease rate to the Grocer and ensure adequate parking for the project. We have reviewed the project with a Washington County tax assessor and City staff. As a result of our discussions we have outlined a proposal for TIP below. Suggested City Participation: 1. Site Improvements: a. Water Street (cunt, gutter, walks, lighting) b. Modification of the City South lot (See site plan) c. Improvements to the East parking lot ( paving, Sighting, curb and gutter ). 2. South Building Demolition ( estimated at $250,000 ) MDP will work with the City stall' to provide Architectural and Landscape Architecture documents for the work described above. at no cost to the City. We thank you for your consideration an continued support to bring and maintain community oriented retail in the downtown area. Respectfully. Mainstream Development Partnership Tun Stefan MEMORANDUM TO: City Council FR: Sue Fitzgerald, City Planner DA: December 11, 1997 RE: Revised Stillwater Market Place Signage At the City Council meeting on October 7, 1997, Robert Briggs representing several Stillwater Market Place businesses approached the Council requesting the City to consider allowing the businesses located along County Road 5 to have additional signage on the backs of their buildings advertising to County Road 5. A motion by Council member Eric Thole, seconded by Council member Rich Cummings directing the Planning Commission to amend the West Business Park Plan and Sign Ordinance to accommodate the request for additional signage for businesses in Stillwater Market Place. The Design Review Commission has the charge to review and approve all exterior desing and exterior signage for the Stillwater Business Park, which includes Stillwater Market Place. On November 3, 1997, the Commission met with Robert Briggs — representing the retailers, David Reimer — Urban Associates (developer of Stillwater Market Place) and a few of the retailers to agree on an acceptable sign plan for the Market Place. The Commission voted on the revised sign package, it carried 4-1. The one nay vote expressed a concern that the "Residential Entry" of County Road 5 (original reason for keeping signage off County Road 5) was lost. On November 4, 1997, the Planning attached Stillwater review ace Comprehensive Sign Review Commissions revised the REVISED !! -4 -97 STILLWATER MARKET PLACE COMPREHENSIVE SIGN PLAN A. TENANT SIGNS: 1. All Tenants on properties west of Market Drive may have one sign on the front of the building and one sign on the rear or side of the building. 2. All Tenant signs are to consist of individual, internally lit channel letters vertically centered on the sign band on the front face of the building, and directly below the row of off -white colored blocks on the rear of the building. Buildings north of Curve Crest Drive will be reviewed individually. 3. Tenants may have building signs on street frontage and signage on the west side for the buildings facing County Road 5. 4. The length of each rear sign, lettering and logo shall not consume more than 60% of the store width of each Tenant and the front sign not to exceed 80% of store width. Signs may contain a company logo not exceeding twelve square feet and must conform to width and height requirements. 6. Tenants may use any letter style desired, but must be the same on the front and back. 7. Letter details: a. Basic lettering and logo not to exceed 36" high on front signs. On rear and sides of building lettering and logo is not to exceed 24" in height. b. All letters to have Plexiglas with Tenant's choice of color. Color on rear and side building signs must be the same as front building sign. c. Trims and returns with Tenant's choice of color, consistent front and back. d. All letters to be 5' in depth. Before installation, all signs must be approved by Landlord and receive a sign pennit from the City. • • • MEMORANDUM TO: Mayor and Council FROM: City Coordinator SUBJECT: Construction Mgmt. Agreement DATE: December 12, 1997 Discussion: Accompanying this memo is a partial copy (Article 13 -Basis of Compensation) of the construction management agreement between the City of Stillwater and George W. Olsen Construction, Co. The agreement provides for a 3% management fee of $162,903 ($54,301 + $108,602) and general conditions construction cost allowances estimated at $199,630. The management agreement and fees were previously reviewed and approved in concept by the Council. The actual agreement (or relevant parts thereof) are being presented to you for your review and final approval. The agreement is consistent with your prior review. Recommendation: Adopt resolution approving construction management agreement. 4/'t)A ARTICLE 13 BASIS OF COMPENSATION The )weer snail _.amee.n.sace :he ..)r,cr'-Ic :wn Manager as follows. 13.1 !NIT :AL PA. E>:T ;r Fifty Four Thousand Three Hundred One - - -^ Iu : :r, 54,301.00 •h::;! `•C .�..i C'.0 ipUr. .. � __.T..Ca( .lot :I :CC:a 'D !r1_ )tvne .,c_ 7 :nuI ! u%iheih 13.2 BASIC COMPENSATION 13.2.1 FOR BASIC SER\ ICES. as described in Article 2. and any other serV :(:s inC :utet :n ArciC'.e .- 1s Dart •)( Basic Ser'..ic -s. Basic Compensation shall be computed as .'ollows. For Pre•Conscruccion Phase Services. Included in Article 13.1. '!,l ?rr' 'O fl ')/ i /,nip ✓, n,a(p H, ,,chec1rr1C; ,tip :rlcrlect J(rm,. 'ntt(ftp /r, nr percentages., For Construction Phase Services. One Hundred Eight Thousand Six Hundred Two Dollars ($108,602.00). Payment to be monthly based on percentage (7) of project completion except, upon 75% of completion of the project, the Owner may withhold an additional % up to a maximum of 25% of the contractors fee for construction services ($108,602.00). 13.3 COMPENSATION FOR ADDITIONAL SERVICES 13.3.1 FOR ADDITIOtN.AL SERVICES OF THE CONSTRUCTION MANAGER, as described in Article 3. and any ocher services Included in Article 1- as Additional Services. compensation shall be computed as follows. 'Inset' has', of compensation including rail's a,lct,or ,nrdnnlr, Of Direct Personnel expense /nr Prllcrper /3 meet e,npilwet \: :oat rdc•ntIJP " "/flc tual.� curer %'i!is0 rnrp /m,•eeN. r/ reyurree /. !c1, t! /l' .pri /rc >ert•ice, to :r!uc /' particular methods 'J cornpen,utunt etpp;,'. r/ ,rece, >rtrt• / GWO, General Conditions Construction Costs allowance as per attached schedule. total estimated cost is $199,630.00. The allowance of $199,630.00 will be considered a 'snot —to— exceed" estimate and costs that will result in charges in excess of the estimates (line item and /or will require the approval of the Owner. The Construction Manager must submit invoices, or bills and other documentation reasonably required by the Owner evidencing expenses incurred under the "Allowances" in support of any billing made to the Owner for Allowances. Final actual costs are to be determined at the end of the project. The any total) 13.4 REIMBURSABLE EXPENSES -- None 13.4.1 FOR REIMISLRSABLE EXPE> ES. as .lescrtbee to Paragraph !'.'. and any ocher items Ir.c'uuec: u1 Arncir .b Reim - bursable Expenses. a multiple or. 1 times :he expenses a:L',L'reLi `''. :nc C.)nscruc ::Or. Manager and the Cons(ruction Mana?er , employees and consultants to the interest or the Prole:: 13.5 ADDITIONAL PROVISIONS -- None 13.5.1 IF Ti-iE BASIC SERVICES covered by this Agreement have not been completed yuhtn months or the dace hereof. through no fault of the Construction M tanager. extension or the Conscruc::on Managers services beyond chat time shall be compensated as provided in Subparagraphs 12.3 3 and 13 3.1. 13.5.2 Payments are due and (payable ( ) days from the dace or. :he Construc:;on Manager's invoice. Amounts unpaid ( ) days after the invoice dace shall bear interest ac the race entered below or in the absence .hereon at he legal ;ace prevailing from time co time ac the principal place or business or :he Conscruc- cion Manager. 'Ante.• rate If 11(ere0( ai,'rrrel up, , :00) and rc•aurremert:s antler It Federal Truth in _endues .4c:. is,ntiar ,tare and :oc.,t ;cursu,n era .ryur; 'uu .urc! ,0lt' 'e,rvlunn,r. it 'hr /trier • -u1(1 Cu+rstroe : :o,t :(01101er i )tart :pa / ?/aces JJ bu,rrrr,l.:he iocaoOn of :bra Prplrc: and &esru'nere ma: af/et' : :hr ' leclin' r1 :11n )nu'n ro„ ,fl,' 1 , :rl - life: ce ;houir( he Ontarned : 'tth respect :o deletions ,Jr. mode /rc.tmns. and also re. {ardtng requirements ;uch as :unit :r,r .lncltnurr, -,r 'curer 13.5.3 The races and multiples sec forth for .Additional Services shall be annually adjusted in accordance ich, normal salary review practices or the Conscrucnon Manager. AIA DOCUMENT B801 /CMa • OWNER - CONSTRUCTION MANAGER AGREEMENT • 1992 EDITON • .Aft \' • •1992 • THE .\bIER:UN INSTITUTE OF ARCHITECTS. 1735 NEW ti"ORK kVENLE. N\r', WASHINGTON. C. 29006- i292 • WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 6801 /CMa -1992 10 • • AIA Document A101 /CMa Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1992 CONSTRUCTION MANAGER - ADVISER EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1992 Edition of AIA Document A201 /CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the 10th day of December (In words, indicate day, month and year) Nineteen Hundred Ninety Seven (1997) BETWEEN the Owner: CITY OF STILLWATER (Name and address) 216 N. Fourth St. Stillwater, MN 55082 and the Contractor: GEPHART ELECTRIC CO., INC. (Name and address) 3550 LaBore Road - Suite 11 St. Paul, MN 55110 For the following Project: ( Include detailed description oJ Project, location, address and scope.) ST. CROIX VALLEY SPORTS COMPLEX (Ice Arena & Field House) 1675 Market Drive Stillwater, MN 55082 The Construction Manager is: (Name and address) The Architect is: (Nome and address) in the year of GEORGE W. OLSEN CONSTRUCTION CO., INC. 1902 S. Greeley Street P.O. Box 20 Stillwater, MN 55082 ANKENY KELL ARCHITECTS, P.A. 821 Raymont Ave. - Suite 400 St. Paul, MN 55114 The Owner and Contractor agree as set forth below. Copyright 1975, 1980, ©1992 by The American Institute of Architects, 1735 New Thrk Avenue, NW., Washington, D.C. 20006-5292. Reproduction of the material herein or substantial quotation of its provisions without the written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. AIA DOCUMENT A101 /CMa • OWNER - CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER- ADVISER EDITION • AIA° • ©1992 • THE AMERICAN INSTITUTE OF ARCI IITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, DC. 20006-52922 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A101 /CMa -1992 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Condi- tions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agree- ment and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: This contract is for three (3) separate contracts for Bid Package #10 (Electrical). Contract #1 Contract #2 Contract #3 Ice Arena (Labor only) Ice Arena (Material only) Field House (Labor & Material) GRAND TOTAL: $ 106,080.00 $ 135,200.00 $ 202,650.00 $ 443,930.00 ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement. if it differs from the date of Ibis Agreement or if applicable. state that the date will he fixed in a notice to proceed.) As per Construction Mgr. (GWO) request. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, through the Construction Manager, in writing not less than five days before commencing the Vbrk to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Suhstantial Completion of the entire Work not later than (Insert the Calendar date or number of calendar thlys after the date of commencement Also insert any requirements for earlier Substantial Completion of certain port tons of the ttirrk. if not stared elsewhere in the Contract Documents.) Within reasonable time as requested by Construction Mgr. (GWO). , subject to adjustments of this Contract Time as provided in the Contract Documents. (Inert prurisir,ris, if any for liquidated damage, relating to failure to complete un tone) There are no liquidated damages. AIA DOCUMENT A101 /CMa • o\X NER- CONTR. \CTOR AGREEMENT, CONSTRUCTION \IANAGt:R-ADVISER EDITION • AIA'' • ©199 • THE AMERICAN INSTITUTE OF ARCI !ITEM'S, I-34; NEW YORK AVENUE. NW.,' WASHINGTON, DC. 20006.S29' • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A101 /CMa -1992 2 • • 10 • __t.4rP_CtSf r' ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Four Hundred Forty Three Thousand Nine Hundred Thirty and No /100 Dollars ($ 443, 930.00 ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) None III4.3 Unit prices, if any, are as follows: None AIA DOCUMENT A101 /CMa • OWNER-CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER- ADVISER EDITION • AIA • ©1992 • TIIE AMERICAN INSTITUTE OF ARCIIITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D.C. 200)6-5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A101 /CMa -1992 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applica- tions and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Contractor to submit Pay Request to Construction Mgr. (GWO) on /or before the 25th of each month. 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the day of the 25th month. If an Application for Payment is received by the Construction Manager after the appli- cation date fixed above, payment shall be made by the Owner not later than 55 days after the Construction Manager receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent ( 5 %). Pending final determina- tion of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), Tess retainage of Five percent ( 5 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Pay- ment as provided in Paragraph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall he further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety Five percent ( 95 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.11).3 of the General Conditions. 5.8 Reduction or limitation of retainage. if any, shall he as follows: (1/ it is uttetulea, prior to Substantial Completion of the entire lrirrk. to reduce ur lina the rehanage re>ul1Atg front the percentages inserted in Subparagraphs 5 (r / and 5 (t _' r tbore. and this is rtot e.t'plruned elsewhere in the Contract Documents. ttr.a•r( here )trot •isions for such reduction or limitation.) AIA DOCUMENT A101 /CMa • OWNIn(.(()N ritAcroR AGREEMENT, CONSTRUCTION M: \NAGI:R- ADVISER EDITION • AIA' • 'JI`)o) -' • TI IE AMERICAN INSTITUTE OF ARC1111T i 5. r35 NEW YORK AVENUE, NW., \`:\.S!IINCJON, D.C. 20006-'5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A101 /CMa -1992 4 • • ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconform- ing Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: (3) Within Forty Five (45) days after Contractor's completes Punch List. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) Not applicable (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) 7.4 Other Provisions: (/lere list any special provisions affecting the (;'uiuraet ) AIA DOCUMENT A101 /CMa • OWNER- CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER - ADVISER EDITION • AIA® • ©1992 • TIIE AMERICAN INSTITUTE OF ARCIIITECrS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20x)&5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A101 /CMa -1992 5 1 ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101 /CMa, 1992 Construction Manager- Adviser Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201 /CMa, 1992 Construction Manager-Adviser Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Nlanual dated , and are as follows: Document Title Pages 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (dither list the Specifications here or refer to an exhibit attached to this .agreement.) Section Title Pages Specification (Book #I1 & #2) as prepared by Architect, Ankeny Kell Architects, P.A. AIA DOCUMENT A101 /CMa • (wNI'.It- CUNTR:\C'I'oIt AGREEMENT, CONSTRUCTION ., \l: \N: \GI ?R- ADVISER EDITION • : \L\" • (c_1992 • l'I IE :\\IEI1IC: \N INSTITUTE OE: \RCI I -ii MAX' YORK 'WEN( T, NW.. w\ASIIIN(;I'nN. I).C. 20000 -C29' • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A101 /CMa -1992 6 • • 9.1.5 The Drawings are as follows, and are dated (Either list the Drawings bere or refer to an exhibit attacbed to this Agreement.) unless a different date is shown below: Number Title Date Plans as per Ankeny Kell Architects, P.A. 9/15/97 1. Architectural 1.1) Al thru..A10 including Sheets A2.1 - A2.2 - A2.3 - A2.4 - A5.1 A6.1 - A7.1 2. Civil 2.1) C -1 thru C5 3. Landscaping 3.1) L -1 4. Structural 4.1) SO thru S7 including Sheets S1.1 - S1.2 - S3.1 5. Mechanical 5.1) MT - M1 thru M6 - ME1 6. Electrical 6.1) ET - ME1 - E2 thru El0 7. Operation Plan 7.1) 1 -1 thru 1 -4 Special Notes: Includes substitute Sheets from Addendums #1 - #2 - 463 9.1.6 The Addenda, if any, are as follows: Number Date Pages 461 9/24/97 100 462 10/3/97 27 463 10/6/97 1 464 11/3/97 5 465 11/17/97 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 /CMa • OWNER- CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER- ADVISER EDITION • AIA' • ©I992 • TI IE AMERICAN INSTITUTE OF ARCIIITECTSS, 1735 NEW YORK AVENUE, N.W., VCASIIINGTON, D.C. 2(xXr5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A101 /CMa -1992 7 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents wbicb are intended to form part of the Contract Documents. The General Conditions provide tbat bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and tbe Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed bere only if intended to be part of tbe Contract Documents.) 1. Contractor must submit Surety Bond including labor and material payment bond for 100% of the Contract amount. This Contract is not in force until City of Stillwater receives above Bond. 2. Insurance Certificate, naming City of Stillwater as Certificate Holder, must be submitted in Duplicate. If furnishing labor on this project, you must show Workmans' Compensation Coverage. 3. Sales Tax exemption as per attached document. Sales Tax exemption is for Ice Arena only. This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CITY OF STILLWATER CONTRACTOR GEPHART ELECTRIC CO., INC. (Sigmmtre) (Signature) (Pruned name and title) (Printed name and title) AIA CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. AIA DOCUMENT A101 /CMa • OWNER - CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER- ADVISER EDITION • AIA''' • ©1992 • TEIE AMERICAN INSTITUTE OF ARCIIITECIS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2006-5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A101 /CMa -1992 8 • • • AIA Document A101 /CMa Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1992 CONSTRUCTION MANAGER - ADVISER EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1992 Edition of AIA Document A201 /CMa, General Conditions of the Contract for Construction, Construction Manager Adviser Edition, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the Twelfth day of December (In words, indicate day, month and year) Nineteen Hundred Ninety Seven (1997) BETWEEN the Owner: go(Name and address) and the Contractor: (Name and address) For the following Project: (Include detailed description of Project, location, address and scope.) The Construction Manager is: (Name and address) CITY OF STILLWATER 216 N. Fourth St. Stillwater, MN 55082 AREA MECHANICAL, INC. 1970 Christianson Ave. Suite C.D. West St. Paul, MN 55118 The Architect is: (Name and address) ST. CROIX VALLEY SPORTS COMPLEX (Ice Arena & Field House) 1675 Market Drive Stillwater, MN 55082 in the year of GEORGE W. OLSEN CONSTRUCTION CO., INC. 1902 S. Greeley St. P.O. Box 20 Stillwater, MN 55082 ANKENY KELL ARCHITECTS, P.A. 821 Raymond Ave., Suite 400 St. Paul, MN 55114 The Owner and Contractor agree as set forth below. Copyright 1975, 1980, ©1992 by The American Institute of Architects. I'35 New York .Avenue, NW.. Washington. D.C. 20006 -529' Reproduction of the material herein or substantial quotation of its provisions without the written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. AIA DOCUMENT A101 /CMa • OWNER-CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER - ADVISER EDITION • AIA9 • ©1992 • THE AMERICAN INSTITUTE OF ARCI IITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D.C. 20006 -5292 • WARNING: Unlicensed f " If!v a -1992 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Condi- tions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agree- ment and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to he the responsibility of others, or as follows: This contract is for three (3) separate contracts for Bid Package #9 (Mechanical). Contract #1 Ice Arena (Labor) $ 196,890.00 Contract #2 Ice Arena (Material) $ 112,682.00 Contract #3 Field House (Labor & Material) $ 5,328.00 TOTAL: $ 314,900.00 ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall he the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to he fixed in a notice to proceed issued by the Owner. (Insert the date of commencement. if it dt/Jers from the elute of this Agreement or i] applicable. state that the elate will he fixed in a notice to proceed.) As per Construction Mgr. (GWO) request. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, through the Construction Manager, in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire \Xi)rk not later than (Insert the cznlentiar date or number of calendar days a / ter the date of conunrucrrtn'nt..11so twcert ant' reyttnrments jr, randier luh■tcnnttal (.imtp(etton of certain portions nJ the IrorP, ,J- not stated elsewhere in the Lohlt, ct Documents Within Reasonable time as requested by Construction Mgr. (GWO). , subject to adjustments of this Contract Time as provided in the Contract Ducuntent... I /ttsrrt prori.vinns. 1] ant, /or liquidated damages relating to Jhdnrr to complete oat tone l There are no liquidated damages. AIA DOCUMENT A101 /CMa • OWNER-CONTRACTOR AGRlili >Il:NT, CONSTRUCTION M . \NAGHR,\DyliIlt t0)rIION • MA' • 's'I992 • Tl lif a\II`.RICAN i\Sr.T('TH OP: \RCI11'1't {('IS, 1'3; NEW YOIth AVENUE, NW„ WA.SIIINGTON, DC. 20006 -5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A101 /CMa -1992 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three Hundred Fourteen Thousand Nine Hundred Dollars (0 314,900.00 ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) None Accepted 4.3 Unit prices, if any, are as follows: AIA DOCUMENT A101 /CMa • OWNER- CONTRACTOR AGREEMENT, CONSTRCCTION MANAGER - ADVISER EDITION • AIA' • ©1992 • TIIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, ASHINGTON, D.C. 2000<i -5292 • WARNING: Unlicensed ahotoco aline violates U.S. co vriclht laws and will subject the violator to legal prosecution. A101 /CMa -1992 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applica- tions and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Contractor to submit Pay Request to Construction Mgr. (GWO) on /or before the 25th of each month. 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the day of the 25th month. If an Application for Payment is received by the Construction Manager after the appli- cation date fixed above, payment shall be made by the Owner not later than 55 days after the Construction Manager receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent ( 5 %). Pending final determina- tion of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, it any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Pay- ment as provided in Paragraph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety Five percent ( 95 °,) of the Contract Sum. less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the \C'ork is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if :utv, shall be as follows: i1/ n rs rrrh•nrled. /u rue- to luhatantar( !] +nr /,lrhoa 01 the entire tr7+r12, to rear,, or (trnrt the retarrruge rr■ultrrrg from the percentages inserted in 5ubparugrapbs 5 (, / and , t, 2 above dna this is ',hi rc /,luinrd elsewhere in the (.i nrtrrrrt irtirrt berr• /+rr,rr.cir,rr./ Jr+r such reductinrr or lint itution.) AIA DOCUMENT A101 /CMa • OWNER- coNTIt.o:Toit AGREEMENT. CONSIRI'DION STAN: \(;ER- ADVISER EDITION • AIA` • ©Ir)') 2 • Till: As1ERI(: N INSTITUTE OF ARC' IITECI'S, 1735 NEW YORK A \'EN1.E• N \Y', \\:•\SIIIN(;rON. DC. 211000-C292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A101 /CMa -1992 4 • • • ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconform- ing Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for Payment, or as follows: (3) Within Forty Five (45) days after contractor's completes Punch List. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) Not applicable (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) 7.4 Other Provisions: (Ilere list any special provisions affecting the Contract ) AIA DOCUMENT A101 /CMa • OWNER- coNTRA(TOR AGREEMIIiNT, CONSTRICTION MANAGER- ADVISER EDITION • AIA' • ©1992 • Tilt AMERICAN INSTITUTE OF ARCIIITEc1 S, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 2000 -5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A101 /CMa -1992 5 ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A10I /CMa, 1992 Construction Manager- Adviser Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201 /CMa, 1992 Construction Manager- Adviser Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Title Pages See #9.1.4 and #9.1.5 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this .4greement.) Title Pages Section Specification (Book #1 & #2) as prepared by Architect, Ankeny Kell Architects, P.A. AIA DOCUMENT A101 /CMa • OWNER-CONTRACTOR AGREEMENT. CONSTRI C ION MANAGER-ADVISER EDITION • : \i.\ • JI')')' • 'HIE :\\IEItI(:1 N INYITITTE OF . \RCllil'I'.Ci5. I-35 NEW YORK AVENI'E, NW, \xASTIINGi'oN. DC. 20oRws292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A101 /CMa -1992 6 • • • 9.1.5 The Drawings are as follows, and are dated (Either list the Drawings here or refer to an exhibit attacbed to Ibis Agreement.) Number unless a different date is shown below: Title Date 9/15/97 Plans as per Ankeny Kell Architects, P.A. 1. Architectural 1.1) Al thru A10 including Sheets A2.1 - A2.2 - A2.3 - A2.4 - A5.1 - A6.1 A7.1 - A7.2 2. Civil 2.1) C -1 thru C5 3. Landscaping 3.1) L -1 4. Structural 4.1) SO thru S7 including Sheets S1.1 - S1.2 - S3.1 5. Mechanical 5.1) MT - M1 thru M6 - ME1 6. Electrical 6.1) ET - ME1 - E2 thru El0 7. Operation Plan 7.1) 1 -1 thru 1 -4 • Special Notes: Includes substitute Sheets from Addendums #1 - #2 - //3 9.1.6 The Addenda, if any are as follows: Number Date Pages #1 9/24/97 100 #2 10/3/97 27 #3 10/6/97 1 4/4 11/3/97 5 #5 11/17/97 1 //6 11/26/97 1 #7 12/4/97 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A1Q1 /CMa • OWNER-CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER - ADVISER EDITION • AIA''o • C)l992 •'I'1IE AMERICAN INSTITUTE OF ARCHITECTS, TS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A101 /CMa -1992 7 : en Other documents if any, forming part of the Contract Documents are as follows: t bete atty-addittonai documents uibicb are intended to form part of tbe Contract Documents:. The Conditions provide that bidding requirements sricb ass advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this agreement Tbey sbould be listed bere only if intended to be part of tbe Contract Documents.) ' Contractor must submit Surety Bond including labor -and material payment bond for 100% of the Contract amount. This Contract is not in force until City of Stillwater receives above Bond. 2. Insurance Certificate, naming City of Stillwater as Certificate Holder, must be submitted in Duplicate. If furnishing labor on this project, you must show Workmans' Compensation Coverage. 3. Sales Tax exemption as per attached document. Sales Tax exemption is for Ice Arena only. This Agreement is entered into as of the day and year first written above and is executed in at Least four original copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the administration of the Contract, and the remainder to the Owner. ()VNER CITY OF STILLWATER CONTRACTOR AREA MECHANICAL,-.INC. (Signature) (Printed name and title) Yau should sign an original AIA document which has this caution printed in red. fessures that changes will not be obscured as may occur when documents are reproduced. Instruction Sheet for Limited License for Reproduction of this document: s,' AIA DOCUMENT A101 /CMe•! OWNER- CONTRACTOR AGREEMENT, CONSTRUCTION MANAGER- ADVISER EDITION *AIA* • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D,C, 20006-52 9, • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. • • • Memorandum • TO: Mayor and City Council FR: Steve Russell, Community Development Director (� DA: December 11, 1997 RE: UPDATE ON ST. CROIX VALLEY RECREATION CENTER CONSTRUCITON PROGRESS AND AWARD OF BIDS Since the October 28th Council authorization to proceed with the St. Croix Valley Recreation Center project much has occurred (I would like the council to consider officially naming the place the "St. Croix Recreation Center"). The mild winter has had a lot to do with construction progress. A project construction schedule is attached. The project is ahead of schedule. The schedule shows project completion by September 30, 1998. Today the site is rough graded with the pads for the ice arena and field house leveled. Work is completed on the major retaining wall along the east boarder of the site and footing for the ice arena area in. Utilities, water, sanitary sewer and storms sewer installation will be completed by meeting time. • Mechanical and Electrical Bid Award. The electrical and mechanical bid 1111 packages have been rebid. The low bid for mechanical is Area Mechanical, $314,900 and for electrical Gebhart, $443,930. The original low bids for mechanical and electrical were $296,000 mechanical and $412,000 electrical. The rebid amount is $50,830 higher than the original bids (the bid schedules are attached). Fieldhouse Selection. See attached memo and recommendation. The recommended surface cost $395,000, is $66,967 less then the original approved budget option. Change Orders. Two change orders are submitted for council approval. The orders are for fencing to protect the top of the retaining wall ($2,200) and for installing a fabric and rock fill to cover the area behind the wall ($2,800). The fencing is required to meet code requirements and the surfacing will minimize maintenance of the area (change order descriptions are attached). Reactivate the St. Croix Valley Sports Facility Commission. The attached memo from Dick Olsen suggests that the sports facility commission be reactivated to raise funds for project enhancements, such as refrigeration of outdoor ice or ice arena seating and other FF & E items. (See attached memo.) Since the decision to construct the center, many people have expressed interest in helping support the project. It is recommended the reactivated commission have seven members: Dick Olsen, Mike Polenha and Rich Cummings, one representative from the Soccer Association and hockey association and two members at -large with city staff support. If the council accepts this idea, staff can return with a list of prospective committee members for approval. Park Ride Lot. The city has received the attached correspondence from MnDOT regarding the park and ride lot improvement. Staff would like authorization to have a modified parking lot design prepared by the city's architect to be the basis for a bid modification to the project by the sports complex contractors. This design cost may be paid by MnDOT but should not be significant. MnDOT or Met Council would pay for parking lot improvements. Recommendation: Approve: 1. Area Mechanical bid for mechanical - $314,800 (resolution) 2. Gebhart Electrical bid for electrical - $443,930 (resolution) 3. Southwest Recreational bid for field house playing surface - $395,000, Bid alternative 7C -2, without sand (resolution) 4. Approval of change orders $2,200 and $2,800 (resolution) 5. Direct staff to report back on new St. Croix Valley Recreation Commission for the purpose of raising funds for improvements. 6. Approve request for design services for expansion of parking lot for park and ride use. Attachment: Bid sheet summarizes mechanical and electrical bids Memo regarding selection of field house surface material Change order descriptions. Memo from Dick Olsen 12 -1 -97 Letter from MnDOT 11 -26 -97 • • • • • MEMORANDUM • Date: 12/10/97 To: Mayor and City Council Fn Steve Russell, Community Development Director RE: SELECTION OF SURFACE FOR FIELD HOUSE (RECREATION CENTER FIELDHOUSE) On October 28th the city council received bids for the construction of the sports complex. The accepted base bid for the field house surface was $461,967 but a final decision on the surface was deferred for additional input and recommendation. Since the October 28th meeting, staff has received and reviewed additional product information, visited local and regional sites with different surfaces, talked with users of the various facilities and received input from the St. Croix Soccer Club. City staff, the city architect and representatives from the St. Croix Soccer Club visited sites in Toronto to review different surface applications. Observations and recommendation from the soccer club based on that trip and input from soccer coaches and players are contained in the attached separate memo from the club. Basically, the soccer club feels that a Woodbury type sand Alb filled surface best meets their needs. Staff reviewed the various surface options from a broader NIPF owner /operator, community use point of view. Soccer use of the facility is very important along with product wear and maintenance, air quality and its effect on machinery and activities, multi -use opportunities, costs of repairs and maintenance, aesthetics and appearance and durability of surface material and soundness of company providing the surface product. Product Wear and Maintenance. The recommended astro grass surface product and underlayment has sewn seams and no sand fill minimizing the need for seam repair or general filtering of air and cleaning of surfaces. The nylon astro grass material is stain resistant and easy to spot clean (see attached description). The sand filled surface seams are glued and more likely to split due to wear and the sand working the seams. Air Quality. The quality of air in the facility should not be a problem. There is no introduced sand in the recommended surface to create dust and wear as with the sand filled application. Multi -Use. The astro grass surface is a multi -use surface for soccer and golf (with tee mats) as well as other field activities softball, baseball, field hockey. General recreation activities are also accommodated on the surface such as band practice, aerobic exercise, cheerleading, gymnastics, dance line, walking or running. Without the sand, it would be possible to use a portion of the floor area for a sport court to accommodate other indoor court activities (Le., basketball, tennis, volleyball, etc,). Senior and elementary schools could use the multi -use areas during weekdays. • Cost. The initial costs of the surface options is $400,000+ or -. The cost of maintenance, repair and dressing for the astro grass is minimal. Other sand filled surfaces experience seam problems (seams are adhered not sewn) and have to deal with leveling, redistributing and cleaning the sand. Foreign materials accumulate in the sand and need periodic cleaning. This requires special machinery and time. It is critical that all surfaces be maintained at a high quality to prevent injury and protect property. Appearance. A straw vote of city employees on the 3`d floor of city hall was conducted regarding , the appearance of the surface options. They all felt as Choc Junker said, 'There is no comparison ". Product Longevity. All surfaces are warranted for eight years. The astro grass surface is made S of nylon rather than ploy prophalane and maintains its appearance and shape longer than the other • products without regrooming. Company. The company providing the selected surface, Southwest Recreation, has been in operation since 1984 and its astro turf line since 1965 (astro dome). They are likely to be around to provide any necessary warranty work and consultation. Recommendation: Approval of astro grass bid without sand fill for $395,000 (resolution) Attachment: Astro grass 26/12, specifications and description Memo from St. Croix Soccer Association 12- 10 -97. bCT 15 '97 11:23 FR ASTROTURF SOUTHWEST 512 259 4221 TO 9- 16126450079 -6 P.06/10 Alternate #7C 1 & 2 Product Specification Product Name: AstroGrass 26/12 Tufted AstroGrass is designed for athletic and recreational use and consists on an extruded monofilamcnt Nylon 6.6 pile and synthetic fiber backing. The system is installed over a suitable substrate provided by the buyer in accordance with designs and specifications recommended by Southwest Recreational Industries, Inc.. The turf is a sand dressed system using a polypropylene backing and high grade polymer secondary coating. The system may be installed on a variety of shock pads. Suggested Tufted AstroGrass applications include: Soccer, Hockey, (with or without sand), Softball and Indoor Soccer fields (no sand). May be installed permenently indoors (adhered to base) or loose laid with Velcro seams (removable system without sand) for indoor gymnasium and soccer facilities. Product 7)esciiption: Yarn Type: Nylon 6.6, extruded monofilament Pile Height 25mm Pile Weight: 882 grams per square.rneter Ribbon Texture: Draw/Texturized Ribbon Color: Stadium Green (other colors available) Primary Backing: Woven polypropylene (double layer) Roll Width: 3.65 meters 00T -15 -97 WED 11:22 A17 512 269 4221 P. 06 11a II VIII'' Ei rlr10 The Best of Both Worlds...In One System AstroGrass is the result of research, development and consultation with the football community worldwide. Over the past 15 years, traditional sand - filled pitches have been the standard for clubs and leisure grounds offering all- weather football facilities. Sand systems were developed to offer players foot "movement" — even with traditional studded shoes. Despite adequate initial performance, traditional sand - filled systems have not proven successful in several key areas: • Maintenance of sport function over time • Poor aesthetic performance • Abrasiveness • Uneven, unpredictable traction levels AstroGrass overcomes the drawbacks of traditional sand - filled turf. AstroGrass features: • Nylon 6.6 fibre (not polypropylene) which will not change over time - Heat set for permanent curl and uniform traction (no excessive matting) - UV stabilized for excellent color retention - Hydrophilic (water absorbent) fibre for low abrasion and excellent sliding characteristics - Moist longer for optimum playability • AstroGrass is constructed to be more durable - Monofilament nylon 6.6 for less fibre fibulation (longer life) - Tufts are locked in place - Seams are sewn (best technique for permanent, trouble -free joints) • AstroGrass is sand "dressed ", not sand - filled - Play is on green surface, not sand - Maintenance costs are reduced - Better simulation of wet and dry natural grass conditions - When wet surface is not abrasive to the skin - Allows turning of feet, vital for soccer players S N C E I v a • • • SOUTHWEST RECREATIONAL INDUSTRIES, INC. 701 Leander Drive 110 Leander, Texas 78641 Telephone: (512) 259-0080 ax: (512) 259 -3528 AstroTurf and AstroGrass are registered trademarks of Southwest Recreational Industries, Inc. • AA • Text* fibres for uniform traction and ball roll Textured nylon 6.6 fibres resist matting, crushing (positive performance of system does not change) New diamond nylon 6.6 ribbon is tougher, more durable, yet less abrasive LL 1 Monofilament fibre is tougher, stronger, more resistant to wear ri r l ►r ►® Hydrophilic nylon fibres absorb water — AstroGrasS gives wet pitch characteristics combined with sad movement Porous system for vertical drainage (flat iii •hes ideal for soccer) • Open cell foam pad for cushioning and water containment ( "pump and play" feature) Sand "dressed ", not sand -filled (play is on green, grass -like surface, not sand) System may be placed over asphalt, concrete, elastic layer and other suitable bases Sewn- in-place turf seams for durability, low maintenance Innovation for Enhanced Performance AstroGrass combines the proven performance and superior durability of the nylon 6.6 technology of AstroTurf, with the demands for a superior football- oriented surface. The semi -sand filled design gives the best of both with worlds foot movement uniform and ball bounce designed a pet f cally for s soccer traction, play. It's a winning combination. After a quarter of a century of synthetic surfacing experience, we at AstroTurf, have learned how to provide you with the best value. Considering the costs of land, development, demand for playing time, and high maintenance associated with natural grt. rs The best of both worlds...at last. Call or s today for additional information. ■.F -lea ■ ■•..i. SOUTHWEST RECREATIONAL INDUSTRIES, INC. 701 Leander Drive Leander, Texas 78641 Telephone: (512) 259 -0080 Fax: (512) 259 -3528 ® AstroTurf and AstroGrass are registered trodemarks of Southwest Recreational Industries, Inc. J::: V' J •J VI • , ,A. Li l; ..11 I a MEMORANDUM TO: Steve Russell, Stillwater City Planner FROM: Andy Shorn, St. Croix Soccer Club DATE: December 10, 1997 RE: Evaluation of Turf Options * * * * * * * * ** * * * ** 9YJ.Cwii.J'.+r 41 y. BACKGROUND in early October, 1997, when it appeared that the soccer dome might once again be included in the Stillwater Sports Complex, the St. Croix Soccer Club asked me, and soccer board members Tom Weber and Kevin Horst, to coordinate the efforts that had previously been handled by John Melville; meet with representatives from the city and the architect; and provide whatever input and assistance was requested of us. We met with Mr. Melville on October 6 and attended the city council meeting on October 7, but the agenda that evening was long and issues relating to the soccer complex were tabled. On October 28 we met with Stillwater City manager Nile Kreiser; city planner, Steve Russell; and the architect's representative, Eric Lagerquist. The city representatives and the architect's representative reviewed for us the status of the design, bids, and proforma revenue and operating expenses. The soccer club representatives expressed our belief that the large field size would make the facility competitive with any facility currently operating in the Twin Cities, because of the flexibility to divide the field to allow multiple small -sided games, or to accommodate the needs of older amateur and professional teams playing full field games. The architect's representative showed us samples of several new generation turf materials and ASKED FOR THE CLUB'S HELP IN EVALUATING THE SEVERAL TURF OPTIONS WHICH HAD BEEN BID FOR THE PROJECT. The following day, October 28, we attended the City Council Meeting where the council approved and gave the go -ahead for this project. • • TURF OPTIONS For ease of description, the various types of available turf will be grouped into one of three categories: CARPET; SAND - FILLED; HYBRID PRODUCTS. A. CARPET Within the carpet category are several varieties of rug -like or carpet surfaces which are quite dense. Many have thick pad systems below the carpet and are primarily designed to absorb impact during football games. Examples of this type of surface are found at Augsburg College; Holy Angels High School; and the Bierman Building (University of Minnesota). There is also a carpet surface at Corner Kick which is quite thin, as is the underlying pad, and is only intended to be used for soccer, except that it is also designed to be easily removed so that roller hockey can be played on the concrete surface beneath. B. SAND - FILLED The only local example of this type of turf is found at the relatively new Bielenberg Sports Complex (Woodbury). This turf is described as "sand - filled" because the approximately one -half to three quarter inch high plastic grass fibers are surrounded or filled with sand. An identical turf system was installed at the Milwaukee Kicker's indoor facility in Milwaukee, Wisconsin approximately two and one -half years ago. C. HYBRID PRODUCTS Astroturf, one of the three principal synthetic turf manufacturers, included within its bid, two relatively new synthetic turf products. One is a poly -knit type of carpet, constructed of poly propylene fibers which are then "knit" into the backing of the carpeting. The other product is called Astrograss, and is a nylon carpeting which is less dense than the carpels found locally, and which can also he "sand - dressed" if the user so chooses. ADDITIONAL INVESTIGATION We have had experience playing on all of the local surfaces, and we have coached or observed many other teams playing at all of the local indoor facilities. To further evaluate the playing characteristics and market appeal of the various turf products, we have talked with many of the other St. Croix Soccer Club coaches; with Buzz Lagos and Mark Abboud, the head coach and player representative, respectively, for the Minnesota Thunder (professional team); and with Mark Botteril, of the ivfilwauk:ee Kickers Soccer Club. We also had the opportunity to visit three indoor sites in Toronto where Astroturf products have recently been installed. At the Toronto amities we played on the polyknit and Astrograss surfaces, and them talked with the managers of those facilities. 431—, VI 46 :d.'I;h _Ju:I44 u•ui.l•lbl.l OBSERVATIONS /CONCLUSIONS kIL 11Fr:1� .uhlSI I.' 1. V;L ' 9rJ11141rL ',rr• 5;/ 1. Every facility owner - manager told us that they are convinced that they chose the right turf product, even though each has a different turf or pad combination. It was easy to learn what they considered to be the strengths of their products, but somewhat more difficult to get them to concede weaknesses. 2. The two turf options being most seriously considered by the city planner and the architect's representative are Astrograss and the Woodbury - type "sand - filled" product. We believe that the city and architects representatives have correctly identified the two best products; but in several respects, discussed below, their characteristics are quite different. 3. Beginning and intermediate level players, both locally and throughout the Twin Cities, will find EITHER the Astrograss or "sand - filled" turf to be an acceptable playing surface. However, more advanced players and the professional players express a clear preference for the Woodbury - type "sand - filled" turf 4. The two principal advantages which Astrograss has over carpets currently in use in the Twin Cities are: (1) the carpet is considerably less dense, which seems to result in less friction between the sole of the shoe and the carpet surface; and (2) the grass can be "sand- dressed" lithe owner wishes to alter the playing characteristics of the surface, such as ball bounce or ball speed. 5. The principal advantages of the "sand - filled" surface found at Woodbury are: (1) the bounce and roll of the bell are closer to outdoor grass than any of the carpet options; (2) players may use their outdoor spikes, whereas a special indoor shoe is required for playing on the carpet turfs; (3) out of all of the surfaces being considered, this product seems to result in the least amount of friction between the sole of the shoe and the "sand- filled" turf. 6. The " sand -filled" turf product may require more maintenance than Astrograss or other carpet surfaces in the following respects: (1) once per month, the entire field surface must be raked from the outside toward the center of the field in order to "balance" the sand, which tends to work its way toward the outside of the field over time; (2) once every two years the sand is to be vacummed up, washed, and respread over the field using a machine somewhat like a Zamboni; (3) problems with seams coming unglued have been encountered at both the Woodbury and Milwaukee indoor facilities and in each case the installer has repaired the seams as a warranty item [There have also been considerable problems with seams at Corner Kick, which occasionally have caused injuries.] 7. We believe that selection of the Woodbury type "sand- filled" grass mat for the Stillwater Sports Complex, will generate the greatest amount of revenue from soccer activities, because it has the broadest market appeal, and could lead to the field becoming the preferred Twin Cities site for games, tournaments and clinics. Ice Arena Codes: • 40 Sports Complex Ice Arena 97031 * = Date Material Required on Job Site - Labor as Required Architect: Ankeny -Kell & Stefan Larson • = Estimated Schedule Contract Date: 10/28/97 X = Actual Schedule Completion Date: 10/1/98 Spec. Sec Category November 8,152229 December 6 43 202'1 January )(; 10 1 "7 24 31 February 7 '.14 21 28 March 4:' 14 21 28;1 April 4 1,1'18 25 Ma s2: 9 :1.8]23 30 June 6 13 20 27 Jul, ¢; 11 18 25 August 1 8': 15 22 29 Sept Page 1 of 4 ember October •5: 12 10261: 3 10 17 24 31 % Remarks Sitework • • • • ■ • • • • 95 X X X X X X X Retaining Wall & Fencing • X • X • X • X • • 100 Site Utilities Ice Arena Fdn. • • X • • • X • X • X • X • X • • 95 98 Arena Lobby BIk. Walls • ■ 0 Arena Link Block Walls • • ■ I■ • ■ ■ Arena Precast Walls • • • • 0 Arena - Joist/Deck Arena - Roof ■ • • • ■ 0 • ■ (Links) 0 Arena - Remove Frost Arena - Underground Arena - Int. Ftgs. Arena - Bik. Walls Arena - Precast Seating Arena - Ice Refridgeration Arena - Hockey Boards ■ • • • ■ I■ • 0 0 0 ■ I■ • 0 • 0 • ■ • ■ • • ■ • • • 0 • 0 1 Arena - Conc. Floors • • ■ • • • • ■ Ice Arena Codes: # = Date Material Required on Job Site - Labor as Required • = Estimated Schedule X = Actual Schedule Sports Complex Ice Arena 97031 Architect: Ankeny -Kell & Stefan Larson Contract Date: 10/28/97 Completion Date: 10/1/98 Page 2 of 4 Spec. Sec Category Arena - Final Finishes Arena - Electrical Arena - Mechanical Arena - Punch List November December January February 4.5 22 29 6 13 20 27' 4s 10 1 7 24 ' 1'7 X14 21 228 • • • March April 257 4 11 1825 Ma June 45123 30 6 43 Jul 2027 -i4; 11 1$125 , °, 1 August 8< 15 22 • • •.I. • • ■ Se 29' 12 • • • ember October • 26 40 3:14 17,24 31 % Remarks • 0 • • ■ ■ ■1■ • • • • • • • • • 0 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 0 • • • • • 0 Dome Spec. Sec CategorY % Remarks Dome - Excavation 0 Dome - Prefab Bubble 1 1111110111111111111111111111111111111111111111111111 Il 111111001111111111111111111111111111111111: ill Dome - Electrical IDome - Mechanical Dome - Punch List II I 11011110011110011111111111111111110111111111111111 .,. Codes: * = Date Material Required on Job Site - Labor as Required • = Estimated Schedule X = Actual Schedule November December Janua Februa Sports Complex Dome 97031 Architect: Ankeny -Kell & Stefan Larson Contract Date: 10/28/97 Completion Date: 10/1/98 March Aril a June Jul Au•ust Page 3 of 4 Se • ember October Exterior Sitework Spec. Sec Codes: Sports Complex Exterior Sirework 97031 * = Date Material Required on Job Site - Labor as Required Architect: Ankeny -Kell & Stefan Larson • = Estimated Schedule Contract Date: 10/28/97 X = Actual Schedule Completion Date: 10/1/98 November December Janua Februa March Category Final Grading A•nl 1825 9 .4,; 23 3Q 6 June Ju Au•ust Se ember Page 4 of 4 October 3 d`}; 17 24 31 % Remarks Curbs and Sidewalks Blacktop Landscaping • • • • IP 40 SD. Croix Valley Sports Complex Bid Results December 4, 1997 Bid Package #9: K8echahiuo| Addn. Remarks BB # Bidder CK Arena & Dome 1 Conrad V 344,000 . 1-7 2 0001 Air Mechanical N/B 3 Gorham-Olen . °/ 362,800 . 1-7 4 General Sheet Metal N/B 5 . __ _ 6 NewMech ._��`����� Newman ~/ V 359,000 . 1-7 1-7 328908 . 7 Alta Mechanical v/ 329,000 . 1-7 8 reaMechanical V 314B0U ����__, 1-7 9 �-- Sun Mechanical . °/ 331,000 1-7 10 Northern Air Corp. N/B . 11 NW Sheet Metal V 371,000 . 1-7 12 SBGK8euhanioa} • • • • IP 40 • • • • Q ©r Collins Electric Northern Electricians 4 Q El 8 9 ephart Electric Simon Electric Peoples Electric Weber Electric Wright Electric Summit Electric Mendota Electric 479,400 443,930 465,000 490,700 508,577 449,850 605,926 + 2,500 + 3,500 + 10,400 + 26,894 + 4,500 + 5,400 + 5,000 140,000 140,000 139,971 139,971 139,971 139,971 169,665 1 -4 1 -5 1 -4 1 -4 1 -4 1 -4 1 -4 1 -4 10 . COMPANY INC „14000::VEIT PLACE ROGERS:.MN.55a74 -9553" 428 =2242. FAX • 428 -VEIT • ecembei 5; 1,99 -Please issued a Chan, ZO'd . 86£8- 0-ZI9 ANW1400 '8 113A ZS:0t Ind L6 -50 -030 «Nttqy FENCE MPANY SINCE 1917 THE MARK OF PERMANENCE DATE: October 31, 1997 P.O. Box .277 0, Forest Lake, MN 55O25.. (612) 464-7373 Nationwide 1/800 -3213 -9558 FAX # (612) 4647377 • PROPOSAL TO: George W. Olson Construction Co. Stillwater, MN Attn: Dick Olson ;. UBC Lumber /Stillwater • P T O INSTALLED MATERIAL ONLY 0 F.O.B. Job Site PREPAID DELIVERY FREIGHT COLLECT 0 SCHEDULE r'ENCE OVERALL 'STYLE Rampart HEIGHT 7' LINE POSTS 24" 'ABRIC _ 9 -2 SELVAGE KK COATING Ga1v, GATE FRAME l SPACING 10' SET 4' d. TOP RAIL 1- 5 /8'MIDDLE BOTTOM Remove and salvage 430 1.f. 7' high chain link fence @ $2.60/],.f. = $1,118.00 Reinstall 370 1.f. of 7' high chian link fence after grading @ $6.00 /l.f. _ $2,220.00 k E i :C$E rVE THE RMGH i REVISE T }l;S Ql'OTATIO 1 IF NOT ACCEPTED WITHIN ?? LAYS CEPTANCE: THIS PROPOSAL WHEN ACCEPTED IN WRITING BY PURCHASER AND BY CENTURY FENCE COMPANY'S MAIN OFFICE BECOMES A CONTRACT BETWEEN THE TWO PARTIES. THE CONDITIONS ON THE REVERSE SIDE ARE MADE A PART OF THIS CONTRACT. KRMS OF PAYMENT: NET CAS} UPON RECEIPT OF INVOICE. BR'S SIGNATURE TE /milk/7 SUBMITTED BY: 10-t1 /412,4/e.-ivic,der?4_ Charles A. Waldenburg, Sales Manager CENTURY FENCE COMPANY • • December 1, 1997 To: City of Stillwater From: Dick Olsen Re: Sports Complex FROM THE DESK OF DICK OLSEN We would like to pursue obtaining donations for the following items: 1. Completion of revised Locker Room and Seating Plan on the south side of the Ice Arena. 2. Refrigeration System for the outside sheet of ice. 3. Items on the City's FFE list. 4. Existing construction donated items of $45,000. We would suggest we pursue the above under the ad hoc committee of the St Croix Valley Sports Facility Commission. Existing members (i.e. Rich Cummings, Mike Polehna & Dick Olsen) should be asked if they want to continue in the Commission. The Commission should be expanded to seven members and should include representatives from City Staff, Hockey Association, Soccer Association and one at large member. It must be understood that this would be completed under the following conditions: 1. No financial commitment is required from the City of Stillwater beyond the current financial commitment 1.1) It must be understood that a $70,000 Operating Committee budget will be required. 2. There will not be an increase in GWO fee or General Conditions costs. If you have any questions, call Dick Olsen at 439 -5410. Please advise no later than December 23, 1997. Thank you. 6 River Heights Drive 439 -5410 (Phone) 439 -8555 (FAX) Stilllwater, MN 55082 .tw olksEsoti • November 26, 1997 • • • • Minnesota Department of Transportation Metropolitan Division Waters Edge Building 1500 West County Road B2 Roseville, Minnesota 55113 Nacho Diaz, Director Transportation and Transit Development Metropolitan Council 230 East Fifth Street St. Paul, Minnesota 551101 Dear Mr. Diaz: We have reviewed your letter of November 6, 1997, which outlines what needs to be done to construct a park and ride lot on property owned by the City of Stillwater for their new community center. We would be pleased to develop a cooperative project with the City and with the Metropolitan Council to enhance transit service within Stillwater and to provide parking for car pools and bus riders. We have developed an estimate of costs for the elements outlined in your letter. The estimate totals about $320,000, including the maximum expansion of parking on the site (about 145 stalls). As Mn/DOT's part in this cooperative effort, we agree to provide funds to build the following elements of the park and ride lot/transit station. Upgrade access road to 9 -ton capacity $24,000 Extend access road to Curve Crest Blvd. 52,620 Bus staging area (12' X 150') 12,600 Bike lockers (6 x $1,500) 9,000 Passenger waiting area 9,280 50 Parking stalls 72,500 $180,000 As we understand it, Metro Transit will provide enhanced transit service and an architecturally compatible bus shelter. The City of Stillwater will provide ongoing maintenance. It will also provide lighting and landscaping that is compatible with the rest of the community center. The cost of building the remaining 95 parking stalls is yet to be resolved. Mn/DOT agrees to do the preliminary layout, but we believe that since the City's architect has the design of the community center on an electronic file it would make more sense if they would do the detail design. We believe that it would also be reasonable for the City to provide contract administration, concurrent with the construction of the rest of the community center. Since building the transit center will involve a significant investment of resources and funds, we expect that this agreement will remain in effect for ten years or more. An Equal Opportunity Employer Nacho Diaz November 26, 1997 Page 2 Again, we are pleased to cooperate with the City of Stillwater and with the Metropolitan Council to provide this kind of transit alternative. It looks like a winning effort for all involved. Sincerely, ,471dxfzA Richard A. Stehr, P.E. Division Engineer ■ December 5, 1997 UBC 1650 Washington Ave. Stillwater, MN 55082 Re: Sports Complex Stillwater, MN Dear Wayne & Russ, TILL ATER, MINNESOT 55.82 -0020 • On behalf of the City of Stillwater and GWO, we wish to thank you for your cooperation in the installation of the Sports Complex's east retaining wall. • We hope your inconvenience was kept to a minimum. If you have any questions or concerns, please call me at 439 -5410. Yours very truly, GEORGE W. OLSEN CONSTRUCTION CO., INC. Dick Olsen cc: City of Stillwater (Steve Russell) MEMORANDUM • Date: 12/10/97 To: Mayor and City Council Fr Steve Russell, Community Development Director • • RE: SALE OF CITY OWNED STILLWTAER BUSINESS PARK LAND TO LAKEVIEW HOSPITAL The city has reviewed an offer to purchase the 7.5 -acre business site for $650,000. In the past, staff has had other inquires regarding the site but not active interest. As indicated in the attached letter from Lakeview Hospital, they do not have specific plans for the site but intend to use it for medical related service uses. This type of use would complement the existing medical uses in the area. The hospital in the past has indicated the vacant sites could be used for soccer fields in the interim and if it is determined that the space is not needed for medical facilities, they would work with the city on an appropriate use of the site. Recommendation: Direct staff to prepare necessary agreement for sale of property to Lakeview Hospital for $650,000. Attachment: Letter from Jeffrey Robertson, Lakeview Hospital 12 -9 -97. "7` LAKEVIEW HOSPITAL Lakeview Hospital's Mission is to deliver superior quality service in cooperation with others to meet the diverse healthcare needs of individuals, families and communities of the St. Croix Valley. December 9, 1997 Mr. Steve Russell Stillwater City Council 216 N. Fourth Street Stillwater, Minnesota 55082 Dear Steve: This letter is in follow -up to our telephone conversation last week regarding our potential purchase of the land owned by the City in the Industrial Park area. I wanted to respond to your concern in respect to our use of that property. As you are aware, we currently own approximately twelve acres on this site. With the purchase of this property, Lakeview would own all but a small parcel of vacant land on the Industrial Site. Currently we do not have any specific plans for this area. Our overall intention is to preserve this area for future expansion of medical services in the community. Because this general area is currently home to many of our community health care providers, it would seem logical for any future expansion of clinics, hospital services, or new health care ventures to be located there. Without knowing the type of service and ownership, it is difficult at this time to determine the final tax status of future occupants. The most plausible scenario would be to involve clinics and therefore continue to pay real estate taxes on this property. Lakeview is trying to develop a conceptual site plan for how this land will be used. We will be meeting with local clinics early in 1998. We will share this information with the City when it is completed. Our current plan is to work with the City and provide temporary use of this land for soccer fields. If at some time in the future the hospital determines this land will not be needed for medical expansion, we will work with the City to ensure the land can be developed in concordance with the original intent of the City of Stillwater. If you have any comments or questions, please feel free to contact me at 430 -4502. Sincerely, J�ffrky'J. Robertsong Administrator /CEO JJR/rs r' 927 West Churchill Street • Stillwater • Minnesota 55082 • Phone: 612 -439 -5330 • Fax: 611' - me Yage: www.lakeview.org Page: www. a eview.org R22W R21W R2OW Vicinity Map 0 765 Scale in Feet 7ne saer..g �... rm. ot• co,6aueon «....3 3gn ..,g facer. es they wtUnaon County offices ^. a..oe serous be used for reference mews. :ivy Washington County is na "1.361•11.4 In eny 3em"a3as Soo. wasiungten County Surveyors Omce t.smw .01114300519 ears. data c urent through Nweme.r 30. 1997 • MEMORANDUM Date: 12/10/97 To: Mayor and City Council Fr Steve Russell, Community Development Director RE: PURCHASE OF RIVARD PROPERTY As previously discussed, the Rivard Property is available for sale. The city is interested in the possible purchase of the site for a park and other public purposes. As directed, an appraisal has been prepared for the site. The appraisal value of the property is $675,000. The appraisal value includes the land and improvements (summary of apraisal attached). Based on the appraisal, the council can direct staff to prepare an offer to purhcase. A previous lower offer was submitted but not acceptable by the seller. A memo from the city attorney lists purchase options available to the city. • Recommendation: Direct staff regarding purchase of land. R.W. Kirchner & Associates RAYMOND W. KIRCHNER, SRPA, SRA Senior Real Property Appraiser November 14 1997 Dave Magnuson, City Attorney City of Stillwater 333 No. Main Street Suite 202 Stillwater, MN 55082 Dear Mr. Magnuson: 1971 South Greeley Street • Stillwater MN 55082 • (612) 439 -3900 FAX: (612) 439 -8977 RE: Appraisal Report Burt Rivard 12094 80th Street No. Stillwater, MN 55082 In accordance with your request, I have made a careful inspection and hereby submit an appraisal report on the above referenced property which is legally described as set forth in the text of the appraisal report. The property is a tract of land containing 23.5 acres, more or less, with house and barn located on 80th Street North and Manning Avenue North in Stillwater Township. After careful consideration of the property, I have concluded that as of October 20, 1997 the market value is: SIX HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($675,000) This valuation is contingent upon, 1. Annexation to the city of Stillwater, so that development can start early in 1999. 2. Approval of development by the city in substantial conformance with the outline in this appraisal. R.W. Kirchner & Associates Your attention is called to the accompanying report which describes the property, and sets forth my analysis in arriving at a value conclusion. NOTE: This appraisal is subject to the Assumptions & Limitations of Appraisal set forth in the report and cannot be fully understood unless they are read in their entirety. Respectfull itted, Raymond W. Kirchner SRA/SRPA Certified General Minnesota License #4000780 Certified General Wisconsin License #374 R.W. Kirchner & Associates Burt Rivard 12094 80th Street No. Stillwater, MN SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location 12094 80th Street No. Stillwater, MN Present Owner Burt Rivard Census Tract 704.01 Site Area 23.5 acres Building Improvements House and barn Highest & Best Use Present Zoning Transition Zoned Estimated Value $675,000 Appraiser RaymondW.Kirchner,SRA/SRPA Licenses Subdivision to single family & townhouse homesites Date of Appraisal MN Cert. Gen. Lic. #4000780 WI Cert. Gen. Lic. #374 October 20, 1997 R• .W. Kirchner & Associates • . • • -- - L.•- - - -- -► Burt Rivard 12094 80th Street No. Stillwater, MN • I, Raymond W. Kirchner, do hereby certify to the best of my knowledge and belief, the statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are personal, unbiased professional analyses, opinions and conclusions. I have no present of prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of a value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. No one provided significant professional assistance to me in the preparation of this report. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. I have made a personal inspection of the property that is the subject of this report. Raymond W. Kirchner, SRA/SRPA State of Minnesota General Certified License #4000780 State of Wisconsin General Certified License #374 5 R.W. Kirchner & Associates Burt Rivard 12094 80th Street No. Stillwater, MN SCOPE OF THE APPRAISAL I was requested by Dave Magnuson, Attorney for the City of Stillwater, to complete an appraisal of the property meeting the requirements of USPAP for purposes of acquisition by the City. I have employed the traditional approaches to value, i.e., direct sales comparison and discounted cash flow approaches, and have collected data sufficient and to the extent available to arrive at the value conclusion. ADDRESS AND LEGAL DESCRIPTION The subject is located at 12094 80th Street North at the corner of 80th Street No. and Manning Avenue (County Road 15) in Stillwater Township, Washington County, Minnesota and is legally described as: PID# 19- 030 -20 -33 -0001 PID# 19- 030 -20 -33 -0002 Market Value PID# 1995 Taxes Land Bl-g& Total 19- 030 -20 -33 -0002 $1,732.00 $48,600 $ 83,900 $132,500 19- 030 -20 -33 -0001 $ 226.00 $50,600 $ 23,100 $ 73,700 Totals $1,958.00 $99,200 $107,000 $206,200 7 Kirchner & Associates Burt Rivard 12094 80th Street No. Stillwater, MN DESCRIPTION OF PROPERTY Site The site is generally open, gently rolling, parcel of land located at the intersection of 80th Street North and County Road #15 in Stillwater Township, 2 miles west of Stillwater. It is "L" shaped with roughly 980 feet of frontage on 80th Street North. Area is 23.5 acres, more or less. The site is served with bituminous streets on south and west sides. Gas and electric services are provided by Northern States Power Company. No other utilities serve the site. Soils are primarily silt loam and are generally good for building development. Part, roughly 1/3 to 1/2, is subject to frequent flooding. Since the property is cropland, the land could be contaminated with herbicides and insecticides. NO1B: Soil characteristics were obtained from the Soil Survey of Washington County by U.S. Conservation Service. Improvements The improvements consist of a frame, split entry home, a large horse barn and grain bins. The house was built in 1972 and has a foundation area of 1,100 square feet. The first floor contains a living room, kitchen, dining room, 2 bedrooms and •bath. There is a full basement with 2 bedrooms, bath and family room. Attached to the house is a one car garage with a breezeway and bath between house and garage. 17 R.W. Kirchner & Associates Burt Rivard 12094 80th Street No. Stillwater, MN H-IIGHEST AND BEST USE Highest and Best Use is defined as "The most profitable likely use to which a property can be put ". The opinion of such use may be based on the highest and most profitable continuous use to which the property is adapted and needed, or likely to be in demand in a reasonably near future. However, elements affecting value which depends upon events or a combination of occurrences which, while within the realm of possibility, are not fairly shown to be reasonable probable, should be excluded from consideration. Also, if the intended use is dependent of an uncertain act of another person, the intention cannot be considered." Based on conversation Steve Russell, City Development Director, the property will be annexed and served with public water and sewer in 1999. At that time the property will be ready for development. He also indicated that the likely zoning is small lot residential with roughly 4 units an acre. Based on limited analysis it is my opinion that this represents the highest and best use of the property. 25 R.W. Kirchner & Associates Burt Rivard 12094 80th Street No. Stillwater, MN DIRECT SALES COMPARISON APPROACH The direct sales comparison approach involves comparing the subject property to recent sales of similar properties. Through the comparison process, with an appropriate adjustment for differences in characteristics between the subject and the comparable sales, an indication of value is obtained. A number of recent sales were analyzed. The more comparable of these are set forth below. Legal/ Comp. Location Price Date of Sale Acres Price/ Price/ Units Acre Unit 1. NEC Geneva & Upper 35th St. Oakdale, MN $ 469,370 9/94 16.69 88 $28,128 $5,334 2. PT SW 1/4 Sec. 21 -28 -21 Woodbury, MN $1,899,120 9/94 92.07 198 $20,626 $9,591 3. SW 1/4 of NE 1/4 Sec. 16 -32 -21 Forest Lake, MN $ 550,100 8/94 34 80 $16,179 $6,876 4. Sec. Afton Rd. & Radio Drive Woodbury, MN $1,080,000 11/95 54.67 172+ $19,755 $6,279 Radio Dr. No. of Bailey Road Woodbury, MN 6. 105XX 80th St. N Stillwater, MN $1,944,000 7/95 87.37 210 $22,250 $9,257 o. $1,647,395 10/96 132 225 $12,480 $7,321 26 R.W. Kirchner & Associates Burt Rivard 12094 80th Street No. Stillwater, MN These sales were updated for inflation at a 5% annual rate compounded and adjusted for location, size and density. The adjustments indicate a 10% location adjustment for those comparables located in Oakdale and Woodbury. That is because these comparables are closed to the major population center of the Metropolitan Area and, therefore, have more market exposure and a more rapid absorption rate. Set forth below is a chart adjusting those comparable sales in order to estimate the value of the subject property. Adjustment Chart Per Acre Updated Price Net Indicated Comp. Acre Location Size Density Adjustment Value 1. $32,887 - $3,300 -$ 1,900 -$ 3,200 -$ 8,400 $24,487 2. $23,877 - $2,400 +$ 2,400 +$4,600 • +$4,600 $28,477 3. $19,103 -0- +$ 500 +$4,100 +$4,600 $23,703 4. $21,799 - $2,200 +$ 2,700 +$2,200 +$2,700 $24,499 5. $25,021 - $2,500 +$ 2,400 +$4,000 +$3,900 $28,921 6. $13,104 -0- +$ 3,000 +$5,700 +$8,700 $21,804 These adjusted prices indicate a value of $25,000 per acre x 23 acres equals $575,000. Add value of residence at $83,000 indicates a value by direct comparison of $658,000. 27 W Kirchner & Associates Burt Rivard 12094 80th Street No. Stillwater, MN INCOME APPROACH The income approach, is a process of converting future income expectancy into a present indication of value. This is accomplished by estimating prospective income and expenses and 'capitalizing or discounting the future net income. In this case the future income results from the subdivision and sale of residential home sites. To arrive at the estimated net income the appraiser estimated the development cost, retail lot values, absorption rate, sales expense, overhead and taxes during the holding period in order to arrive at a net income stream. This stream was then discounted to a present value estimate. SURVEYING AND ENGINEERING It is estimated that the surveying and engineering cost for a 88 lot development on 23 acres will be roughly $1,500 per lot and will be completed in 1998. INSTALLATION COST OF STREETS AND UTILITIES Based on the comprehensive plan of the City, anticipated development is 4 units per acre or 88 lots. Off -site improvements anticipated are bituminous street, concrete curb, public water, sanitary sewer, storm sewer, and electric, telephone and natural gas services. Roughly 3,000 lineal feet of streets and utilities will be likely. The estimated development costs for streets and utilities are set forth below. 28 R.W. Kirchner & Associates $1 _ - _ .! . . -- •.�• Item of Construction Grading Rock base Paving Curbing Aprons Sewer main Sewer laterals Sewer cleanouts Manholes Storm Drainage Water main Water laterals Water meters Fire Hydrants Gas main Electrical service Telephone Street lights Unadjusted cost per lineal ft. Current cost multiplier 1.02 x 241.30 Locality adjustment 1.12 x 246.13 Total cost per lineal foot of street RETAIL LOT VALUES Burt Rivard 12094 80th Street No. Stillwater, MN Cost per Lineal foot of Street $ 12.00 $ 17.60 $ 50.00 $ 17.90 $ 7.10 $ 14.75 $ 9.95 $ 15.85 $ 4.00 $ 10.00 $ 20.55 $ 9.10 $ 6.50 $ 6.65 $ 8.30 $ 14.40 $ 6.30 $ 10.35 $241.30 $246.13 $275.66 $275.66 To arrive at an estimated retail lot values, the sites were appraised as though off -site improvements were installed and rough grading completed. 29 W Kirchner & Associates Burt Rivard 12094 80th Street No. Stillwater, MN A large number of lot sales were analyzed. The more similar of these are as follows. Town and Twinhome Lot Sales Actual townhouse and twinhome lot sales are scarce. These sites are generally sold as part of a construction package that includes a finished townhome. There are 5 twinhomes and one townhouse development currently being marketed in the Stillwater Area. These are Forest Ridge, Valley View Estates, East Oaks, Calibre Ridge and Autumn Woods. Forest Ridge is a 43 unit twinhome development roughly 3 miles south of the subject property. The developer indicated the base lot price was $25,000, but with typical prices at $25,000 to $30,000. This development has no common grounds are walkways. Developer indicated that sales are currently running about one every two months. Prices of finished units are in the $130,000 to $150,000 range. Valley View Estates are located in Oak Park Heights about 2 miles southeast of the subject. This is a 70 unit townhouse and twinhome development that has had a very successful marketing program. There are roughly 28 twinhome sites. The twinhomes are in the $130,000 to $170,000 price range and have 2 bedrooms, 2 baths and full basements. The location is inferior m that access is through a commercial area, past some cheap condominium units and subject to high voltage power' line influence. Developer indicated lot prices of $25,000 R.W. Kirchner & Associates 1 Burt Rivard 12094 80th Street No. Stillwater, MN East Oaks Development is a 26 unit twinhome project in close proximity to Valley View Estates about 4 miles southeast of the subject property. Developer's indicated lot prices of $32,500 to $41,500. Autumn Woods is a 20 lot twinhome development started in 1995. Lots are priced $30,000. Sales to date have been 7 units sold. Calibre Ridge is a 34 lot development. Sales commenced in 1996. County records show 4 units sold. Although I am sure there are more sold. Comparable Lot Sales Location Special Updated Price Date Size Amenities Price 1. 1004 Holcombe St. So. Stillwater, MN $36,000 2/7/97 54 x 150 $37,440 2. 1630 Johnson Dr. Stillwater, MN $48,000 4/21/97 100 x 140 Golf $49,200 3. 1754 McKusick Ct. Stillwater, MN $46,500 10/28/96 103 x 140 Golf $48,825 4. 1020 Holcombe St. So. Stillwater, MN $29,500 5/3/96 60 x 170 $31,595 5. 308 William St. No. Stillwater, MN $29,000 11/12/96 50 x 120 $30,450 R.W. Kirchner & Associates 6l�Vli�ll 111111111t Comparable Lot Sales Cont. Location Rivard 12094 80th Street No. Stillwater, MN Special Updated price Date Size Amenities price 6. 5630 Newgate Cir. No. Stillwater, MN $48,500 6/19/97 105 x 140 Wooded $49,470 7. 8572 Beacon Rd. Woodbury $39,000 9/30/96 94 x 132 $40,463 8. 3636 Bailey Ridge Dr. $36,313 Woodbury $35,000 9/26/96 95 x 195 9. 3736 Bailey Ridge Dr. Woodbury $35,055 11/22/96 87 x 142 $35,931 10.3552 Bailey Ridge Dr. Woodbury $39,955 11/25/96 124 x 128 $40,954 11.3345 Charleston Dr. Woodbury $43,000 11/7/96 102 x 150 $44,247 12.8522 Ashford Rd. Woodbury $36,055 12/6/96 105 x 126 $36,956 13.3574 Bailey Rd. Woodbury $45,000 11/26/96 125 x 158 $46,125 14.3357 Charleston Dr. Woodbury $45,900 1/27/97 96 x 146 $46,952 15.3800 Monticello Dr. Woodbury $36,900 2/4/97 86 x 141 $37,515 16. X XXX Bailey Ridge Rd. Woodbury $41,900 2/12/97 82 x 123. $42,598 32 R.W. Kirchner & Associates Burt Rivard 12094 80th Street No. Stillwater, MN Adjustment Chart Lot Sales Updated Off -Site Ame- Net Ind. Comp. Price Size Imp. nites Adj. Value 1 $37,440 -0- -0- -0- -0- $37,440 2 $49,200 - $7,500 -0- - $7,500 415,000 $34,200 3 $48,825 - $7,500 -0- - $7,500 - $15,000 $33,825 4 $31,595 -0- +$3,000 -0- +$ 3,000 $34,595 5 $30,450 -0- +$3,000 -0- +$ 3,000 $33,450 6 $49,470 - $7,000 -0- -$5,000 - $12,000 $37,470 7 $41,360 - $7,500 -0- -0- - $7,500 $33,860 8 $37,118 - $7,500 -0- -0- - $7,500 $29,618 9 $36,808 - $7,500 0- -0- - $7,500 $29,308 10 $39,955 - $7,500 -0- -0- - $7,500 $34,453 12 $45,150 - $7,500 -0- -0- - $7,500 $37,650 13 $37,858 - $7,500 -0- -0- - $7,500 $30,358 14 $47,250 - $7,500 -0- -0- - $7,500 $39,750 15 $47,277 - $7,500 -0- -0- - $7,500 $39,777 16 $38,007 - $7,500 -0- -0- - $7,500 $30,507 Based on the adjusted prices above. Typical lot value is estimated at $35,000. 33 Kirchner & Associates 6 II, 1 uuunu Iunw Burt Rivard 12094 80th Street No. Stillwater, MN ABSORPTION The subject development is located in a potentially strong demand area of Stillwater in close proximity to elementary school. It should experience strong demand. However, it will probably be competing against 3 to 6 other similar type developments. Based on conversation with the City officials and other developers, anticipated sales in Stillwater should average 80 a year. It is estimated that the subject subdivision can capture roughly 15% of this market or roughly 12 units a year. OTHER EXPENSES Other expenses include sales expense, overhead and real estate taxes. Sales expense was estimated at 10% and includes such items as sales staff, sale commissions and multi lot discounts. Overhead is the estimated cost of developer's office expenses. Real estate taxes are self explanatory. However, this cost depends on how many platted lots are held on January 1 of each year. By proper staging, this cost can be minimized. But, in any case the estimates set forth are only very rough estimates. INFLATION Lot values were projected to increase at 5% annually due to high demand for housing in Washington County. Development Costs were projected to increase 3% annually, roughly the anticipated increase in the CPI. 36 W Kirchner & Associates • 4: S'Ist t ; DISCOUNT FACTOR •ax snout Burt Rivard 12094 80th Street No. Stillwater, MN Future income was discounted to a present value at a 11% annual rate. STAGING OF STREET AND UTILITY INSTALLATION To minimize real estate taxes and maximize initial cash outflow, street and utility installation was staged as follows: 1. In 1998, subdivision surveying and engineering are done. 2. In 1999, 1,400 lineal feet of streets and utilities are installed and roughly half of the land platted. 3. In 2002, the remaining lots are platted and 1,600 lineal feet of streets and utilities are installed. 37 • DISCOUNTED CASH FLOW Bldgs. Dis- Lots Real Devel- Lots Gross Sales & Over- Estate opment nt Income Factor Present t Sol• Sales Expense Risk hea d $ -0- $ -0- $ _0_ $ 6,600 $ 2,016 $132,000 - $140,616 .8963 - $126,034 $233,250 $23,325 $23,325 $11,663 $ 2,077 $409,427 - $236,567 .8033 - $190,034 $463,050 $46,305 $46,305 $23,153 $ 5,800 $ -0- $341,487 .7200 $245,871 $486,203 $48,620 $48,620 $24,310 $49,000 $ -0- $315,653 .6453 $203,691 2002 12 $510,513 $51,051 $51,051 $25,525 $23,000 $511,305 - $151,419 .5784 -$ 87,581 2003 12 $536,039. $53,604 $53,604 $26,802 $ 7,000 $ -0- $395,029 .5184 $204,783 2004 12 $562,841 $56,284 $56,284 $28,143 $54,000 $ -0- $368,130 .4646 $171,033 2005 12 $590,982 $59,098. $59,098 $29,549 $26,000 $ -0- $417,238 .4164 $173,738 2006 12 $620,531 $62,053 $62,053 $31,027 $ 8,000 $ -0- $457,398 .3733 $170,747 1998 0 1999 4 2000 12 2001 12 Present value of future income Minus park dedication fees Indicated value by income approach $766,214 $ 69,656 $696,558 sarolaossV T Jcauya.tir■ R.W. Kirchner & Associates Burt Rivard 12094 80th Street No. Stillwater, MN CORRELATION AND VALUE CONCLUSION The indicated value is set forth in Direct Sales Comparison section of the appraisal and in the estimated present value set forth in the income approach. These amounts are as follows: Direct Sales Comparison Approach $658,000 Income Approach $695,558 I believe that the indicated values set forth in both approaches are reliable and establish an acceptable range for this type of property, subject to more detailed engineering and surveying. Therefore, it is my opinion that as of October 20, 1997 the present market value of the subject property is: h. 1 _t • j_ _ -__/ _._. ■1-1 11 4 ($675,000) NOTE: This appraisal is made subject to the Assumptions and Limitations set forth in the report and cannot be fully understood unless they are read in their entirely. 39 • • MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director DA: December 11, 1997 RE: Aiple Property/Kolliner Park - Downtown Plan Update Council directed staff at the August 19, 1997 meeting to proceed with a more detailed work program and planning process discussion of a downtown plan update. The next step in the planning process is to hire a consultant for a master plan of the Apile Property and Kolliner Park. Recommendation Approval of RFP for issuance. REQUEST FOR PROPOSAL MASTER PLAN AIPLE PROPERTY AND KOLLINER PARK PREFACE The City of Stillwater is seeking proposals from qualified individuals to serve as Principal Designer for the Master Plan of the Aiple Property and Kolliner Park. The Master Plan will be part of the Stillwater Downtown Plan adopted in 1988. REQUEST FOR PROPOSALS The task is to prepare a Master Plan for the Aiple Property and Kolliner Park that are sensitive to the sites natural and historic qualities complementing the Downtown District. BACKGROUND A number of planning and design studies have been conducted in the Downtown District and all have included Aiple Property and Kolliner Park in their focus. The studies are attached to this document (please return them to the City). These studies are " Stillwater Downtown Plan", 'Downtown Stillwater Entry Corridor Plan" and "The Lowell Park Renovation Plan. PLANNING ISSUES. Listed below are possible uses or activities that have been mentioned for the sites. The purpose of the study is to evaluate possible uses and to incoprorate selected uses in an appropriate design. 1. Interpretive trails - interpreting railroad and milling history in the area, as well as, interpreting more current industrial uses including barge operation. 2. Relocating Andiamo, charter and excursion boat docks and support facilities. 3. Relocating transient boat dock and support facilities. 4. Boardwalk linking the Aiple Property with Lowell Park. 5. Parking areas. 6. Bicycle and walking trails along Highway 95 linking Aiple with Downtown. 7. Ingress and egress access to the sites from busy highways. 9. Visitor Center - possibly incorporating existing stationary barge. 10. Rail service on the existing tracks linking Aiple with Downtown. 11. Picnic grounds. 12. Informal field areas. 13. Picnic support facilities, including restrooms and picnic shelter. 14. Boat and hiking -in campgrounds. 15. Campground support facilities. • 16. Marina - for campground and transient use. 17. Swimming beach AIPLE PROPERTY BACKGROUND The Aiple Property is bounded by the St. Croix River on the east, Sunnyside Marina on the south, facilities to the north. The land is owned by the City for barge for fifty years. The lease expires Highway 95 on the west and the Andiamo Docking e o of Stillwater and has been leased to Aiple Towing g P in fall 1998; the lease is not scheduled to be renewed. from the early From 1873 to 1910, Northwestern Mill stood on the Aiple site. i foundations walls of the Saw structures are still present. Another building remnant is the stone and brick be parts of a flue that at one Mill. An opening in the foundation wall and other detailing mellbwith a stone chimney across the treet time tunneled under Main Street. The tunnel connected In 1873 lumber floated down the river to the mills. In latter years, less and and along tote mill by river. The railroad line was constructed in the late 1800's along the Aiple Property. Around the turn of the century barge operations began to play an important role in the development of this property. Barge operations and tugboat construction continues today. In 1958, the barge company built a fabricated metal structure, located on the northern portion from a simple brick small brick to metal Quonset is also located there. Numerous smaller structures, ranging P Quonset huts dot the southern end of the site. • DESIGN GUIDELINES 1. Maintain natural appearance of site from the river and entering Downtown area along Highway 95 from the north. 4. Development plans shall address the Bluffline, Shoreline and Floodplain requirements 5. Any plans should include a pedestrian pathway that links the southern City boundary along the river to Lowell Park and provide entry to Downtown. KOLLINER PARK BACKGROUND _ Kolliner Park is a twenty -six acre sit across the St. Croix from o closed inS1979 due to The City owns the site, ens o situated on the Wisconsin d trafficcong congestion at the River. t end of the Lift Bridge. concerns of vandalism Like the Aiple Property the Kolliner Park site owes much of its history to the logging industry. In 1917, the site was donated to the City, with the intent that the bluffs be preserved from "devastation of commercial usage ". DESIGN GUIDELINES 1. Maintain the natural appearance of the site as viewed ho elinetand floodplain requirements. • 2. Development plans shall address the blufflme an RELATED AGENCIES The following agencies and organizations are responsible for or have interest in the development of the park sites: City Council Responsible for final plan approval and implementation Park and Recreation Commission Park use and maintenance Heritage Preservation Commission Overall site design, historic preservation Public Works Public utility /drainage plan Stillwater Area Chamber of Commerce Park use for festivals and large gatherings City of Stillwater Chamber of Commerce Park use for festivals, large gatherings. Downtown Businesses Direct effects of tourism Department of Natural Resources Review plans based on bluflland/shoreline/floodplain regulations Minnesota/Wisconsin Boundary Area Commission Prepare and maintain plan for St. Croix River. Corp of Army Engineers Responsible for St. Croix River development Port Authority Responsible for all waterways in Minnesota. Meet with various City committees, commissions and organizations as listed below - to address their areas of interest and to receive input. PROCEDURE TIMELINE • Request for Proposals Issued • Pre - proposal Conference • Request for Proposals Due Date • Review Process • Interviews • Select Consultant SELECTION PROCESS AND EVALUATION CRITERIA Consultant selection will be made by the City Council based on recommendations from selection committee. It is anticipated that a "short list" will be made within two weeks of receipt of proposals and that those firms (3 or 4) will then have two weeks to prepare for interviews. The selection committee will be comprised of representatives from the Planning Department, Park Board, Heritage Preservation Commission and local design professionals. • Criteria for proposal evaluation will include the following: • Degree of understanding of the project scope, history of site. • Background and relevant river design experience of firm members. Demonstrated willingness and ability to work cooperatively within a planning and design team. • Demonstrated creativity, quality and cost effectiveness of firm's previous projects. • Ability to work with various agency representatives with their uses and design' issues. The selected firm will be expected to commence work EPtdoes not commit days mmit the City to award a lco nract services agreement with the City of Stillwater. This R or share in any expense of proposal preparation. $30,000 to$50,0000 is budgeted for Master Plan. CONTRACT REQUIREMENTS Preparation of Proposals 1. Proposer to furnish six (6) copies of the proposal. providing straight forward concise of 2. Proposal should be prepared simply and economically, p g a g description of the proposer's ability to meet the requirements of the Request for Proposal. Emphasis should be placed on completeness and clarity ust be included. esumes of key individuals and a statement of the proposer's current billing The submitted proposals must contain the following information presented and tabled inthe • order shown: 1. Table of Contents 2. Introduction 3. Description of proposer's approach to the project including key staff who will be assigned to project. 4. Statement of proposer's understanding of the project scope, history and relationships in the site. 5. Background and relevant experience of firm members. 6. Explanation of willingness and ability to work cooperatively within a design team. 7. Examples that demonstrate creativity, quality and cost effectiveness of Previous projects. 8. Schedule of Master Plan preparation, description of preparation process and key meetings/bench mark reports. 9. Responses must include this PROPOSAL DOCUMENT and should be typewritten. All proposals must be SIGNED and the proposal documents should be the first pages inserted in a bound booklet. 10. To facilitate opening procedures, one (1) ORIGINAL SINGLE a sealed in a large envelope. The proposal envelope (tan) provided h this proposal should be completed with the proposer's name and aed to the front oft a large envelope containing marked. This envelope should be securely p the original single copy. The remaining 5 copies should be packaged together. APPENDIX D LO W ELL PARK RENOVATION - CITY OF STILLWATER • Rirerfront Parks Vicinity Map D -2 14. IL. Memorandum To: Mayor and City Council From: Klayton H. Eckles, City Engineer 1t - Date: 12/11/97 Subject: Former Olive Street Dump/Deerpath Site, Project DISCUSSION: Attached is a letter from the Minnesota Pollution Control Agency (MPCA) which staff has received regarding the former Olive Street Dump/Deerpath Environmental Study. The letter is a "No Action Required" letter, which means the site does not require any environmental cleanup or appear to have any environmental hazards or liabilities. The MPCA is closing the site and removing it from its list of potential cleanup areas. This action is significant for two reasons. First, it means the City will not need to find other responsible parties and possibly participate in the costs of a potential cleanup. Second, it means that the property owners no longer have the potential stigma of a historical dumpsite in their neighborhood. Staff is sending the attached letter to the property owners describing this action by the MPCA. Property owners should be able to keep this letter, along with the MPCA letter, in their file in the event that they sell their homes. Based on these findings, the whole issue of health risks and decreased property values associated with historical dumpsite should be able to be put to rest. ACTION REQUIRED: No action is required by Council at this time. For Council information only. November 18, 1997 MAGNUSON LAW OFFICE 6124395641 P.02 Minnesota Pollution Control Agency iMCLlriuroMtQ�i�4iiylytlTLlOJr wi:JWA4. „/? IfS' �^ 1p71`• IYS..�.�'7'"pYro�= 'W�'•ftb•7lMiJ Mr. Klayton Eckels City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 RE: Olive Street Dunzp, Deer Path Site MPCA Project Number VP7590 Dear Mr. Eckels: The Minnesota Pollution Control Agency (MPCA) staff in the Voluntary investigation and Cleanup (VIC) Unit has reviewed the "Phase II Subsurface Evaluation, Lots 1, 2, 3, 4, 5, and 6, Block 1 Deer Path" (the Phase II Report) for the former Olive Street Dump, in Stillwater (the Site). The Phase II Report, dated July 18, 1996, described the results of an assessment of the approximate depth, location, contents, and cover material Qf the former dump. The Phase II Report stated that possible methane emissions from the dump may present a potential safety hazard for nearby residents. A follow -up methane monitoring program, approved by the MPCA staff on October 29, 1996, detected low methane levels at the Site that appear to be associated with the organic soils present beneath the fill materials. Based on the results of the methane gas assessment, Service Environmental Engineering (Service Environmental) concluded that no additional investigations or response actions were warranted. Based on a review of the Phase II Report and the methane monitoring results, the MPCA staff agrees that no further investigations or response actions, relative to the investigated parameters, are necessary at the Site. A determination is hereby made to take no action with regard to the Site; specifically, the MPCA staff will not refer the Site to the Comprehensive Environmental Response, Compensation and Liability Information System list, to the Site Assessment Unit for preparation of a Hazard Ranking System score, or to the MPCA Commissioner for the placement of the Site on the Permanent List of Priorities. This determination is issued to the city of Stillwater (City). 520 Lafayette Rd. N.; St. Paul, MN 55155 -4194; (612) 296 -6300 (Vc,ce); (812) 262 -5332 (TTY) Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Printed on recycled paper containing at least 2Q fibers from paper recycled by consumers. • • ATTACHMENT A DISCLAIMERS Olive Street Dump, Deer Path Site 1. Reservation of Authorities The MPCA Commissioner reserves the authority to take any appropriate actions with respect to any release, threatened release, or other conditions at the Site. The MPCA Commissioner also reserves the authority to take such actions if the voluntary party does not proceed in the manner described in this letter or if actions taken or omitted by the voluntary party with respect to the Site contribute to any release or threatened release, or create an imminent and substantial danger to public health and welfare. 2. No MPCA Assumption of Liability The MPCA, its Commissioner and staff do not assume any liability for any release, threatened release or other conditions at the Site or for any actions taken or omitted by the voluntary party with regard to the release, threatened release, or other conditions at the Site, whether the actions taken or omitted are in accordance with this letter or otherwise. 3. Letter Based on Current Information All statements, conclusions and representations in this letter are based upon information known to the MPCA Commissioner and staff at the time this letter was issued. The MPCA Commissioner and staff reserve the authority to modify or rescind any such statement, conclusion or representation and to take any appropriate action under his authority if the MPCA Commissioner or staff acquires information after issuance of this letter that provides a basis for such modification or action. 4. Disclaimer Regarding Use or Development of the Property The MPCA, its Commissioner and staff do not warrant that the Site is suitable or appropriate for any particular use. 5. Disclaimer Regarding Investigative or Response Action at the Property Nothing in this letter is intended to authorize any response action under Minn. Stat. § 1 15B.I7, sub. 12. Page I of 1 �1lwater. • THE BIRTHPLACE OF MINNESOTA December 12, 1997 DEER PATH RESIDENT Subject: Deer Path Site Dear Ladies /Gentlemen: I write this letter to you to share the good news recently given to the City with regard to possible soil contamination in your neighborhood from uncontrolled filling that took place more than fifty (50) years ago. The City enrolled the site in the Voluntary Investigation and Cleanup Program with the Minnesota Pollution Control Agency and followed a Phase I environmental Report with a phase I1 subsurface evaluation of Lots 1, 2, 3, 4, 5, and 6, Block 1, Deer Path. The Phase Ii report was completed on July 18, 1996, and described the results of an investigation with regard to the former dump. The follow -up methane monitoring program that was approved MPCA staff has been finished and Service Environmental Engineering concluded that the low levels of methane gas at the site appeared to be associated with organic soils present beneath fill materials. Important for all of you is that the PCA has made a determination that no action is warranted at the site and the site will not be referred to the Comprehensive Environmental Response Compensation Liability Information System List or receive any sort of a hazard ranking system score or nor will the site be placed on the MPCA's list of permitted priorities. This determination is important since it removes any cloud or uncertainty that might have inhibited you from selling your home while the environmental investigation was being completed. This "No Action" letter issued by the PCA and, of course, my letter could be shared with any perspective buyers to provide them an opportunity to seek their own assurances that there is no environmental hazard in the neighborhood. Finally, based upon the PCA's "No Action" letter, the City plans no further action with regard to this site. We wish all of you the best of luck in the future and we appreciate your patience in working with the City to finally clear up this uncertainty. Respectful Klayton H.lEckles, P.E. City Engineer CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121 • • • • MEMORANDUM TO: Mayor and Council FR: City Coordinator RE: Extended use of Aiple Property DA: December 10, 1997 Discussion: Elaine Aiple recently contacted me regarding the possible use of the Barge repair area beyond the lease expiration date (i.e., September, 1998). The area would be used to build two barges. The building would begin this year. However, the building period may need to extend beyond September, 1998. Further, if adequate time is not available and the barges are not to be built, the workers (presently) employed to do the work would probably have to be terminated at the end of this year or shortly thereafter. Mrs. Aiple would prefer to provide the employees with work for as long as possible. It would not be necessary to actually extend the lease. A letter or possibly an agreement could be used to provide the necessary permission to use the barge repair area as requested. Mrs. Aiple also informs me that the building at the north end of the property will soon be available to the city. I believe the area just south of the building will also be available for city use in early 1998. It is possible that this area could be developed into a parking lot (as per previous Council discussions) by late spring or early summer. At least Mrs. Aiple appears to be willing to discuss these matters with the city. I have discussed this issue with the City Attorney and the Community Development Director. The consensus is that the city should allow the use of the property as requested and that staff should meet with Mrs. Aiple to determine how the other areas might be used/developed by the city prior to the lease expiration date. Recommendation: Council consider request to use barge repair area through end of 1998 and direct staff to meet and confer with Mrs. Aiple to determine city use of other leased property. MEMORANDUM TO: Mayor and Council FROM: City Coordinator SUBJECT: Publication of Legals and minutes of meetings DATE: December 12, 1997 Discussion: Attached to this memo are letters from Mike Mahoney, Stillwater Gazette, and Robert Liberty, Stillwater Courier, proposing to continue to provide publication services for the City during 1998. For your information, and as shown on the attached resolution, the Courier publishes the minutes of all city meetings (i.e., Council, Charter Commission, Planning Commission, etc.) and the Gazette publishes the legal notices. This arrangement was implemented about three years ago and seems to work quite well. I would recommend that this arrangement continue and that a cost increase of 3% be approved. This item is on the agenda under New Business. Recommendation: Adopt resolution authorizing execution of contracts for 1998 legal newspapers. 'tittthater (benin a ette 102 S 2nd St. F.O. Box 58 - SIllwatsr, MN 56082 -- Phone 612/439/3130 -- FAX 612/439/4713 Dec. 11, 1997 Mr. Nile Kriesel, via FAX 430 -8809 City Administrator City of Stillwater Stillwater, MN 55082 Dear Nile: This is a follow -up to our telephone conversation. May I please offer agreement of a publication schedule of legals for 1998 for. the City of Stillwater as we have done the past two years. It is my understanding that the 1998 rate will increase by three per cent, based on our conversation. Thank you very much. I look forward to having the Gazette; work side by side with the City of Stillwater. Sincerely yours, t4e40/(1a2 Mike Mahoney Publisher :L' 6217 Zt9 T : 'ON 3NOHd t d Wd' :S L661 'tt'07C 3i132Hn eaLeM 1I1S : WC2i= • R • • FROl i : FROOY' SSSSSSSSS PHOrE NO. 'rho Courier News We Mean Bus;ness...For YOU! Dec. 10, 1997 Mayor Jay Kimble and City Council Members City of Stillwater 216 N. Fourth St. Stillwater, Minn. 55082 Dear Mayor Kimble and Council Members The Courier News is interested in serving as the city's legal publication for 1998. Should the City Council elect to continue the compromise arrangement with the Gazette publishing the legal notices and the Courier News the meeting minutes, we would be willing participants The printing industry has experienced cost increases that would justify requesting the Council to consider a 4 -5 percent increase in the per column inch cost of publication. Thank you for your consideration. We look forward to working with the City again in the coming year. Sincerely, Zid:P.At Robert P. Liber Publisher 126 $curb Second Str M;1.11: Vllil'd 612- 430 -3037 I Ax Pe1 RESOLUTION NO. 97- AUTHORIZING EXECUTION OF CONTRACTS FOR 1998 LEGAL NEWSPAPERS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the Mayor and City Clerk are hereby authorized and directed to enter into a contract with the Courier News for the publication of Proceedings in Summary Form for 1998, attached hereto as Exhibit "A", and the Stillwater Gazette for the publication of Legal Notices for 1998, attached hereto as Exhibit "B ". Adopted by the City Council this 16th day of December, 1997. Jay Kimble, Mayor Attest: Morli Weldon, City Clerk • a • • MEMORANDUM TO: Mayor and City Council FROM: Diane Deblon, Finance Director DATE: December 8, 1997 SUBJECT: Flexible Benefit Plan Several new employees have requested changes in the Flexible Benefit Plan. The waiting period is currently one year, which coincides with the probationary period of some employees. The current medical reimbursement limit is $2,000.00. Nile has requested a reduction in the waiting period to six months, to coincide with the probationary period of some employees. In addition, he has requested an increase to $2,500.00 for the medical reimbursement amount. The risk to the city is increased with these changes and is directly related to an employee's utilization of the plan early in the year and subsequent termination of their employment with the city. If the city chooses to make the changes, the City Council should adopt Resolution No. 97- . RESOLUTION NO. 97- WHEREAS, the City of Stillwater has previously adopted the . exible Benefits Plan; and WHEREAS, the City of Stillwater has determined tha anges to the medical reimbursement amount and length of waiting period • 11 benefit employees. NOW, THEREFORE, BE IT RESOLVED, ► the City Council of the City of Stillwater that the waiting period for partici .. ion in the city's Flexible Benefit Plan shall be six months and the medical reimburse • -nt amount shall be increased to $2,500.00. These changes shall be effective as of J uary 1, 1998. Adopted by the City Council this .1"'' day of December, 1997. Attest: Clerk Mayor • • • RESOLUTION NO. 97- WHEREAS, the City of Stillwater has previously adopted the Flexible Benefits Plan; and WHEREAS, the City of Stillwater has determined that changes to the medical reimbursement amount and length of waiting period will benefit employees. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater that the waiting period for participation in the city's Flexible Benefit Plan shall be six months and new employees shall be eligible to participate as of the 1st day of the next month and the medical reimbursement amount shall be increased to $2,500.00. These changes shall be effective as of January 1, 1998. Adopted by the City Council this 16th day of December, 1997. Attest: Clerk Mayor • Memorandum To: Mayor and City Council From: Klayton Eckles, City Engineer gE ✓ Date: 12/12/97 Re: City Participating in Township Road maintenance in Expansion Area DISCUSSION: McCombs, Frank, Roos Associates, the engineer for Stillwater Township, has presented information which indicates that the City of Stillwater has a cost sharing obligation with the township for road maintenance. In 1997, Stillwater Township completed significant maintenance work on 80th Street North, Boutwell Road and Neal Avenue. According to the Orderly Annexation Agreement, "the City will pay to the town a portion of the costs of the improvement which extends the useful life of the improvement beyond the time which the street or other improvements is projected to be annexed in to the City." The attached letter from Paul Pearson, the township engineer, goes through the calculation of the City's estimated level of participation. Based on his numbers, which appear to be accurate, the City's share would be $19,158.49. Recommendation: Staff recommends that Council authorize payment to Stillwater Township for the City's share of 1997 road improvements in the expansion area. ACTION REQUIRED: If Council concurs with staff recommendation, they should pass a motion adopting authorizing payment to Stillwater Township for cost sharing for 1997 Bituminous Road maintenance Projects. 1 12/09/97 09:55 126124394705 STILLWATER TWP McCombs Frank Roos Associates, Inc. 15030 23rd Avenue North, Plymouth, Minnesota 55447 December 2, 1997 Stillwater Town Board Supervisors Louise Bergeron David Francis Jerry Hicks David Johnson Sheila Marie Untiedt -J 0 01 SUBJECT: Stillwater Township 1997 Bituminous Road Maintenance Project MFRA #11362 Dear Board Supervisors: Telephone Engineers 612/476 -6010 Planners 612/476 -8532 FAX Surveyors 707 ((lay-471 Eek.kr errzmi As requested, we have estimated the costs of City's share of the completed Township bituminous road maintenance project which included 80th Street North, Boutwell Road North, and Neal Avenue North_ These roadways abut areas to be annexed into the City, or current City property. Bituminous overlay and maintenance work was completed on 80th Street and Boutwell Road from Manning Avenue to the Township /City boundary which is located approximately 670 feet westerly of the centerline of County Road 12. Overlay and maintenance work were also completed on Neal Avenue North from Boutwell Road to the newly constructed pavement section near the railroad tracks. The following are costs for the completed maintenance work: 80th Street North and Uoutwell Road Quantity Unit Price Laj Patching 113.1 SY $9.00 /SY $1,017.90 2" Bituminous Overlay 2165.0 TN $20.75ITN 44,923.75 Aggregate Shoulder Construction 520 TN $8.00/TN 4,160.00 Soil Consultant (borings, bit. and density tests) 994.95 Engineering/Legal/Township Adm. 2807.40 Fiscal Expenses (10 %) 5,390.40 TOTAL PROJECT COST $59,294.40 .L41 L[4 dl Stillwater Town Board Supervisors December 2, 1997 • Page 2 • vu J.' ■. ■,..00 /.1 C:..j,. J. Jr Neal Avenue Item Quantity Unit Price, Total Patching 103 SY $9.00 /SY $927.00 2" Bituminous Overlay 672 TN $20.751IN 13,944.00 Shoulder Construction 185 TN $8.00/TN 1,480.00 Soil Consultant (borings, bit. and density tests) 322.39 Engineering/Legal/Township Adm. 909.68 Fiscal Expenses (10 %) 1.758.31 TOTAL PROJECT COST $19,341.38 The following is an analysis of the City's share of the 80th Street and Boutwell Road maintenance work cost: 1: Length of front footage along future annexation area = 14,860 feet Length of front footage along current City property = 490 feet 2. Length of front footage along "Phase 2" annexation area is = 2,315 feet (No.) + 515 feet (So.)... 2,830 feet 3. Estimated percentage of City's share of cost for "Phase 2" annexation area = 2,830 feet 14,860 feet = 19.04% 4. Actual Total Project Cost = $59,294.40 City's responsibility of Total Project Cost for "Phase 2" annexation area = $59,294.30 (19.04 %) _ $11,289.64 5. As outlined in the agreement between the Township and the City, "The City will pay to the Town a portion of the cost of the improvement which extends the useful life of the improvement beyond the time at which the street, or other improvements is projected to be annexed into the City" (Est. Annexation date of "Phase 2" is January 1, 1999) (Maintenance Work Construction date was September !, 1997) City's share (along "Phase 2" Useful life after annex. area) = Cost of Imp. x Proj. Annex. Dates — S11,289.64 x (15 - 1.33) s $10.288.63 Total Useful Life 15 Please note that the useful life of the overlay is based on the data in the Township's 1993 Stillwater Township Transportation Plan, dated September 1993. 6. City's share of cost along City property (Wildwood Pines 5th Addition): Estimated percentage of City's share of cost = 490 feet = 3.19% 15,350 feet Total Project Cost - $59,294.40 City's Share of Cost = $59,294.40 (3.19 %) = $1 .891.42 12/09/97 09 :57 %16124394705 STILLWATER TWP X003 ' `Stillwater Town Board Supervisors December 2, 1997 Page 3 The following is an analysis of the City's share of the Neal Avenue North maintenance work cost: 1. Length of roadway to be overlayed is 2,550 feet (from No. Right -of -way limit of Boutwell Road to the new pavement at the railroad track). Length of front footage is 2,550 (2) = 5,100 feet. 2. Length of frontage along City property is 1,840 feet. 3. Estimated percentage of City's share of cost = 1,840 feet = 36.08% 5,100 feet 4. Total Project Cost = 819,341.38. 5. City's share of Project Cost = 819,341.38 (36.08 %) = 86,978.37 The anticipated annexation date for the Neal Avenue area is 2015. Therefore, an adjustment for the 15 year useful life is not required. The following is a summary of the costs to be paid by the City of Stillwater for work completed to date: 80th Street and Boutwell Road Neal Avenue TOTAL COST TO BE PAID BY THE CITY $12,180.12 $ 6.978.37 $19,158.49 It is our understanding that the Township will be completing some ditch maintenance work in the future along the south side of Boutwell Road, near Newbury Court. Also, the existing cable guardrail will be repaired along 80th Street and Boutwell Road in the future. We recommend that the costs for the City share of the work be estimated and reviewed with the City, prior to commencing with the construction. If you have any Questions or need additional information, please contact me. Sincerely, McCOMBS FRANK ROOS ASSOCIATES, INC. Paul Pearson, P.E. PP :jb cc: Pat Bantli, Township Clerk Tom Scott, Township Attorney e:main:11362:pp I2 -2 • Memorandum To: Mayor and City Council From: Klayton Eckles, City Engineer K Ls- Date: 12/12/97 Re: Time Extension on 1997 Engineering /Public Works Expenditures DISCUSSION: Due to all the activity associated with the annexation area and other projects, staff has been unable to complete some important projects that were allocated in the 1997 budget. Specifically, there are three lift station repairs in the 1997 budget, which were not completed, but the need is still there. Also, there is a one ton truck, part of the Capital Outlay for the Sewer Fund, which has not been purchased. Finally, the Engineering Department has $6,500 allocated towards a large format copier Since we are currently configuring the City's computer and technology system, we have postponed making this purchase until we determine the best purchase for the City. Staff is requesting that Council allow the expenditures for these items, which are all in the 1997 budget, to be extended into the 1998 budget. RECOMMENDATION: Given that the identified needs have not changed, staff recommends that Council consider this request. ACTION REQUIRED: Pass motion authorizing extension of 1997 budget into 1998 for above items. 1 • Memorandum To: Mayor and City Council Fr: Steve Russell, Community Development Director I`- Da: 12/12/97 Re: Approval of Contract for Services for GIS Planning /Public Works Pilot. Project Background: Over the past two years, the city has increased its computer and GIS capabilities. In order to incorporate existing paper maps and utility construction drawings, into out geographic information mapping systems and develop formats for digital map input, consultant services are needed. The attached proposal by Plan Sight includes consultant services for a pilot project that will provide the city with the technical specifications and training to covert paper maps to GIS computer readable map for storage and use. The consultant will provide the format for digital input into the city's system. Training of public works and planning staff is also included in the proposal. The pilot program application can be applied to other areas of the community. The planning budget contains professional services fund (1997) that can fund this cooperative project. Recommendation: Approval of pilot utility GIS project for $5,370 (resolution) 1 /an.Jgbot Geographic Information Management 12/1 1/97 Tim Moore City of Stillwater Mr. Moore, Thank you for the opportunity to present this proposal. As you know, I was a little pressed for time and information when I put this together. It may seem a little sketchy in places. I hope this provides a good starting point for organizing a reasonable pilot project. Please let me know what you think. I look forward to talking to you soon. Sincerely Jerry Hap 1, PlanSight, LLC ph. 653 -5141 PlanSight, LLC - 2179 Fourth Street - Suite 3A - White Bear Lake, MN 55110 - ph. 612/653 -5141 - fax 612/407 -9035 • • Proposal for a Pilot Project to Develop, Test, and Implement Procedures for Incorporating the City of Stillwater's Sanitary Sewer, Storm Sewer, and Watermain Data into ArcView GIS Format. 1.0 Introduction: PlanSight is pleased to present this proposal to the City of Stillwater outlining a pilot project which will focus on the development of a simple and efficient process for incorporating information about sanitary sewers, storm sewers, and watermains into ArcView GIS. Data from both existing as -built drawings and digital drawing files supplied by developers will be converted into GIS format. The proposed project is separated into two phases. The first will develop the best method for using GIS to capture utility data from existing as -built drawings. A portion of the Croixwood subdivision will be completed during development and testing. The second phase will define procedures for incorporating digital utility data (provided to the city by developers) into the city's GIS. As a result of this pilot project, Plan Sight personnel will train city staff in the proper procedures for transferring utility data into the GIS. City staff will then be able to complete the process for the remainder of the city. PlanSight will also produce a small demonstration of how the utility data can be used by a GIS to improve the efficiency and effectiveness of city staff. Following is a brief discussion of phase one and two of the proposed pilot project. 2.0 Phase #1: Incorporating Data from Existing As -built Drawings: PlanSight will identify, develop, and test the most cost efficient method of capturing data from the city's 1500 existing as -built drawings. We will develop a series of scripts (ArcView macros intended to automate and simplify complex or redundant operations) that will guide the user through step by step procedures for capturing the desired information form the as -built drawings. These scripts, when complete, will give the user a custom interface with ArcView GIS that will significantly enhance the efficiency and accuracy of digitizing and data capture. PlanSight will develop and test these procedures on drawings of a small portion of the Croixwood subdivision area. The GIS data generated from this exercise will then be used to demonstrate some of the many potential uses of the data in GIS. Once the scripts have been completed, they will be installed on the City of Stillwater's GIS computer. Four hours of on -site, personalized training will enable city staff to input utility data into the GIS on their own. A reference handbook outlining and describing the procedures developed will also be included as part of the training. Finally, PlanSight personnel will be available for 20 hours of on -site GIS technical assistance to city staff as needed for both phases one and two of the pilot project. Additional GIS technical assistance is available if desired. 2.1 Phase 1 Requirements: 1. ArcView GIS available on a capable computer. 2. A digitizer linked to ArcView. ( PlanSight can provide limited assistance in getting ArcView to recognize the city's digitizer if necessary.) 3. As -built drawings for the identified pilot project area. 4. Staff assistance as needed to ensure the best results. 2.2 Phase 1 Deliverables: 1. A set of scripts that simplify the entire utility data capture and GIS integration process. 2. Sample of the finished process for portions of the Croixwood subdivision area 3. On -site staff training on the data capturing procedures...including a handbook briefly outlining the process. 4. Twenty hours (total for phases 1 and 2) of on -site technical assistance. 5. Total project time /cost estimates based upon pilot project experiences. 2.3 Phase 1 Cost and Billing: Researching the best method of capturing data (8 hours @ $50.00/hour) Developing scripts to simplify the process (32 hours @ $50.00/hour) Testing scripts and procedures on several as -built drawings in the Croixwood subdivision area (1 hour /drawing @ $50.00 /hour) Creating and user handbook (8 hours @ $50.00 /hour) Training (4 hours a, $45.00/hour) Phase 1 Total: $400.00 $1,600.00 $400.00 (est.)* $400.00 $180.00 $2,980.00 *This figure represents only the cost of completing 8 -10 as -built drawings. Adjustments in billing rate and total phase 1 project cost can be made if more as -built drawings are to be completed. 2.4 Phase 1 Timeline and Procedures: Phase 1 of the Pilot Project can be completed within 4 -8 weeks from project acceptance. 3.0 Phase #2 - Incorporating Utility Data from Digital Drawing Files Supplied by Developers. Phase 2 of the Pilot Project would involve developing the simplest and most efficient process for integrating digital utility drawing files into the proper GIS format (this project relies heavily on the data formats and procedures developed in Phase 1 of the pilot project). Like Phase 1, Phase 2 will involve creating ArcView scripts intended to guide the user through the data integration process from start to finish. The scope of Phase 2 will be somewhat smaller than Phase 1 because digitizing will not be necessary. As part of Phase 2, PlanSight personnel will identify, develop, and test the most efficient method of capturing data from .dxf or .dwg format utility drawing files supplied by developers. The supplied files will be formatted and integrated into the GIS themes generated in phase 1. PlanSight will develop and test these procedures on digital drawing files supplied by the city. The GIS data generated from this exercise will then be used in conjunction with the data produced in Phase 1 to demonstrate some of the many potential uses of the data in GIS. Once the scripts have been completed, they will be installed on the City of Stillwater's GIS computer and integrated with the scripts created in Phase 1. Four hours of on -site, personalized training be included. A reference handbook outlining and describing the procedures developed will also be included as part of the training. Finally, PlanSight personnel will be available for 20 hours of on -site GIS technical assistance to city staff as needed for both phases one and two of the pilot project. Additional GIS technical assistance is available if desired. 3.1 Phase 2 Requirements: 1. ArcView GIS available on a capable computer. 2. Digital drawing files for the identified pilot project area supplied in .dxf or ,dwg format. 3. Staff assistance as needed to ensure the best results. 3.2 Phase 2 Deliverables: 1. A set of scripts that simplify the entire utility data capture and GIS integration process. 2. Sample of the finished process for portions of the area identified. 3. On -site staff training on the data capturing procedures...including a handbook briefly outlining the process. 4. Twenty hours (total for phases 1 and 2) of on -site technical assistance. 3.3 Phase 2 Cost and Billing: Researching the best method of capturing data (4 hours @ $50.00/hour) Developing scripts to simplify the process (16 hours @ $50.00/hour) Testing scripts and procedures on supplied data (4 hours @ $50.00/hour) $200.00 $800.00 $200.00* • • • Creating and user handbook (4 hours @ $50.00/hour) Training (2 hours @ $45.00/hour) Phase 2 Totals: $200.00 $90.00 $1,490.00 *This figure represents only the cost of completing 1 -2 digital drawing files. Adjustments in billing rate and total phase 1 project cost can be made if more as -built drawings are 10 be completed. 3.4 Phase 2 Timeline and Procedures: Phase 1 of the Pilot Project can be completed within 3 -6 weeks from project acceptance. 4.0 Overall Pilot Project Costs and Billing: Phase 1 — Capturing Data from Utility As -built Drawings $2,980.00 Phase 2 — Capturing Utility data from digital files Supplied by developers $1,490.00 On -site technical support as needed (20 hours @ $45.00 /hour) $900.00* Total: $5,370.00 *Additional on -site support is available at a standard rate of $50.00/hour. Contact PlanSight for a complete list of our special rates for large projects, on -going technical support, or retainer services. The City of Stillwater will be billed monthly for the total number of hours worked until project completion 5.0 Summary: Thank you again for this opportunity to propose this project. Please let me know if you have anay questions or would like to see any changes in the proposed scope of work. Sincerely, Jerry Happe PlanSight, LLC • • 12/16/97 Steve Russell Community Development Director City of Stillwater Proposal for Ongoing GIS Development Support. Project Overview: PlanSight, LLC is pleased to present this proposal for the ongoing development of the City of Stillwater's Geographic Information System. As city staff becomes more involved with GIS, additional capabilities are needed to ensure the smooth and efficient operation of the GIS computer hardware, software, and data. The city would benefit substantially from any number of the following suggestions: • GIS Needs Assessment and Implementation Plan. It is important for the City to layout how GIS will be used in the city. Without a plan for its successful use, GIS programs can quickly deteriorate into failure. The solution is to develop a comprehensive GIS Needs Assessment or Implementation Plan that will map out the future of GIS in Stillwater. GIS needs Assessments /Implementation Plans involve reviewing the existing GIS capabilities, meeting with each department to assess their GIS needs, developing timelines for GIS implementation, and a wide range of other activities. • GIS Data Updates and Organization. Once a solid plan for GIS use is in place, it is important to get GIS data up-to -date. Integrating, organizing and updating GIS information is an important tasks that impacts upon the ability for staff to use GIS successfully. File structure and access over networks, metedata (information about GIS data), and a host of other topics make updating GIS data a sometimes difficult task. PlanSight will help the City identify critical datasets, integrate them into the GIS, and demonstrate there uses where possible. • GIS Administrator's /User's Handbooks. PlanSight will develop a number of handbooks that will document the City's GIS hardware, software, data, as well as procedures for updating data, and performing routine operations. The handbook will become an invaluable resource for organizing and using your GIS. Handbooks are intended to be used by beginners and advanced GIS users. ti • • ArcView GIS Customization and Scripting. ArcView GIS has the capability to be customized. Avenue Scripts can be used to automate or simplify routine or complex tasks, allowing the user to concentrate more on the task at hand instead of GIS jargon. PlanSight will review the current and expected uses of GIS in the city and develop simple, user - friendly scripts to make the GIS a much more productive tool. We will install them on your systems and instruct staff in their use. Project Costs: GIS needs Assessment/Implementation Plan GIS Data Updates and Organization GIS Administrator' /User's Handbooks ArcView Customization and Scripting Total: $1500.00 $1500.00 $1500.00 $500.00 $5,000.00 Project Timeline: The project will begin immediate upon acceptance. Total project timeline will depend heavily on staff availability for meetings, etc. However, the project should be complete within six to twelve weeks. Billing: The project will be billed monthly until completion. Thank you for the opportunity to propose this project. Please indicate your acceptance of the project by signing below and returning this proposal to PlanSight. If you have any questions, please feel free to contact me at any time. Thank you. Sincerely, 41-ri-1( Jerry tia e' President Please Sign Here, Name: Title: • • RESOLUTION NO. 97- RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND CERTIFICATE OF INCUMBENCY NOW THEREFORE, BE IT RESOLVED THAT THE CITY OF STILLWATER, MINNESOTA enter an agreement with the State of Minnesota, for the St. Croix Valley Sports Complex, to be conducted during the period from October 28, 1997 through October 1, 1998. Nile L. Kriesel, City Coordinator, is hereby authorized to sign and execute such agreements as are necessary to implement the project on behalf of the Grantee. I certify that the above resolution was adopted by the City Council of the City of Stillwater on this day of , 1997. I further certify that Nile L. Kriesel is the present City Coordinator of Grantee and that the following is a specimen of his signature: SIGNED: WITNESSED: Jay L. Kimble, Mayor Morli Weldon, City Clerk Date Date State of Minnesota GRANT AGREEMENT END GRANT for the CITY OF STILLWATER PROJECT THIS AGREEMENT as dated upon its final execution, is made and entered into by and between the City of Stillwater (hereinafter referred to as the "Public Entity "), and the Minnesota Amateur Sports Commission (hereinafter referred to as the "State "). WHEREAS, the Public Entity has the authority to construct a new ice arena/renovate an existing ice arena; and WHEREAS, under the provisions contained in 1996 Minn. Laws ch. 463, § 14, subd. 2, the State has allocated Eight Million Dollars ($8,000,000.00), for ice center grants, of which $ 250,000.00 is to be given to the Public Entity as a grant to assist it in the construction of a new ice arena/Pettowitiott azu ai stimg >iotaxeoa and WHEREAS, the monies allocated to fund the grant to the Public Entity are the proceeds of state general obligation bonds authorized to be issued under Article XI, section 5(a) of the Minnesota Constitution; and I • • I • ARTICLE I Definitions Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each (such meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the contents hereof specifically indicate otherwise: A. "Agreement" - means this State of Minnesota Amateur Sports Commission Grant Agreement, for the construction of a new ice arena/renovation of an existing ice arena. B. "Commissioner's Order" - means that certain "Order Amending the Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed • by the Finance Commissioner on July 20, 1995. C. "Declaration" - means a declaration in the form of Attachment A attached hereto, indicating that the Facility is bond financed property within the meaning of the G.O. Compliance Legislation, and is subject to certain restrictions imposed thereby. D. "Event of Default" - means those events delineated in Section 2.05 hereinbelow. E. "Facility" - means ice arena, which will be located on the real property located in the County of Washington , State of Minnesota, legally described in Attachment B attached hereto and incorporated herein by reference. F. "Fair Market Value" - means (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal which assumes that 3 any and all mortgage liens or encumbrances on the property being sold which negatively effect the value of the Facility will be released; or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that any and all mortgage liens or encumbrances on the property being sold, which negatively effect the value of the Facility, will be released at the time of acquisition by such purchaser. G. "Finance Commissioner" - means the Commissioner of Finance for the State of Minnesota, or his or her designated representative. H. "G.O. Compliance Legislation" - means Minn. Stat. § 16A.695, as such may subsequently be amended, modified or replaced. I. "G.O. Bonds" - means the state general obligation bonds, issued under the authority granted in Article XI, section 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the Grant, or any bonds issued to refund or replace such bonds. J. "Grant" - means a grant of monies from the State to the Public Entity in an amount of Two Hundred Fifty Thousand and no /00 Dollars ($ 250,000.00 ). K. "IRS Code" - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. L. "Lessee" - means the entity which the Public Entity contracts with under a Use Contract. M. "Project" - means the acquisition, improvement, renovation, rehabilitation, and/or new construction of the Facility, as specified in Section 2.02 hereinbelow. 4 • • 1 • • ARTICLE II Grant Section 2.01 Grant of Monies. The State shall issue the Grant to the Public Entity, the proceeds of which shall be disbursed in accordance with the provisions contained hereinbelow. The parties hereto do agree and acknowledge that the Grant is not intended to be a loan of monies in any form or manner. Section 2.02 Use of Grant Proceeds. The Public Entity shall use the proceeds of the Grant to: (Check all appropriate lines.) Acquire the Facility Renovate or rehabilitate the Facility Improve the Facility X Newly construct the Facility in such a manner as will allow the Facility to be operated in the manner specified in Section 2.03 hereinbelow. Section 2.03 Operation of the Property. The Public Entity shall operate the Facility, or cause it to be operated, as an Ice Arena , or for such other use as the legislature may from time to time designate, and may enter into use contracts with Lessees to so operate the Facility; provided that such contracts have been approved, in writing, by the State and the Finance Commissioner. The Public Entity shall also annually determine that the Facility is being so used, and shall supply to the State and the Finance Commissioner a statement to such effect which is sworn to before a notary public. 6 relating to the Facility, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement and the Declaration, or to perform any of the acts required of it in this Agreement and the Declaration. E. Neither the execution and delivery of this Agreement or the Declaration, nor compliance with any of the terms, conditions, requirements, or provisions contained herein, is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party, or by which it is bound. F. The Facility has been, or will be: (Check all appropriate lines.) Acquired Renovated or rehabilitated X Newly constructed Improved All of such has been, or will be done in such a manner as will allow the Facility to be operated in the manner specified in Section 2.03 hereinabove. G. The Facility and the contemplated use thereof will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record, relating to the Facility. H. The project was, or will be, performed and completed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Facility. 8 • • 1 • • Agreement, the completion of the Project, or operation and /or maintenance of the Facility, shall not have any contractual relationship with the State and shall not be considered employees of the State. In addition, any and all claims that may or might arise on behalf of said personnel or other persons while so engaged arising out of employment, or alleged employment, including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the State. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the State, including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability benefits, severance pay and retirement benefits. Section 5.12 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing, and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the address of the party to whom it is directed. Such address shall be that address specified hereinbelow, or such different address as may hereafter be specified, by either party by written notice to the other: To the Public Entity at: City of Stillwater 216 North 4th Street Stillwater, MN 55082 Attention: Morli Weldon, City Clerk 26 IN WITNESS WHEREOF, the Public Entity and the State have executed this Agreement on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: Approved as to form and execution: Assistant Attorney General By: Jay L. Kimble Title: Mayor Date: And: Nile L. Kriesel Title: City Coordinator Date: STATE: Minnesota Amateur Sports Commission By: Title: Date: 30 • • t. • • ATTACHMENT A DECLARATION The undersigned, as owner of fee title to the real property legally described in Attachment B, which is attached hereto and made a part hereof ( "Property"), hereby declares that title to the Property is hereby subject to the following restriction: The Property is bond financed property within the meaning of Minn. Stat. § 16A.695, and cannot be sold, mortgaged or otherwise disposed of by the public officer or agency which has jurisdiction over it or owns it without the approval of the Minnesota Commissioner of Finance. Approval must be evidenced by a written statement signed by the Commissioner of Finance and attached to the deed, mortgage or instrument used to sell, mortgage or otherwise dispose of the Property. Title to the Property shall remain subject to this restriction until (i) the restriction has been fully complied with as evidenced by a written approval from the Minnesota Commissioner of Finance, or (ii) a written release, releasing the Property from the restriction, signed by the Minnesota Commissioner of Finance, is recorded in the real estate records relating to the Property. Subscribed and swom to before me this day of , 199_. NOTARY PUBLIC By: Jay L. Kimble Title: Mayor FOR PUBLIC ENTITY This Declaration was drafted by: 31 • • FROM : St. Croix Area United Way PHONE NO. : 612 439 8487 December 16, 1997 Mayor and City Council City of Stillwater 216 N. 4th Street Stillwater, MN 55082 cc: Dave Magnuson Nile Kriesel Dec. 16 1997 11:11AM F1 Dear Mayor and Members of the City Council: I attended the review oldie Long Lake outlet plans this past week and want to thank the City for moving forward in developing a solution that protects homeowners and Brown's Creek. It is clear that a great deal of thought and engineering work have gone into the plan. Some of the newer residents around the Lake contend the lake level should be higher than 889 feet, but I am not sure they fully understand the relevant facts. These few individuals built or purchased their homes in recent years when the lake was periodically flooded. The facts are: • The homes on Marine Circle were built in 1974 and 1975. The storm water easements were set in 1973 at 888.7 feet. These easements include 16 homes on both the lake and on the storm water pond (next to Marine Circle) which is intended to be a lake level holding pond. In addition, there are homes on Interlachen and Mid Oaks that were built at the same time with similar easements. • Due to flooding risks in 1976, the City and the DNlt agreed that the lake would be maintained at 889 feet via a State controlled outlet permit. The easements were never renegotiated to reflect this higher level. • The proposed new outlet will maintain the lake at 889 feet as has been required for the past 21 years, and 4 inches higher than the easements set 24 years ago. I believe the City is acting responsibly to restore the lake to a safe level and am satisfied with the 889 level. However, those who would argue for higher surface levels must understand that the original residents deserve adequate protection of our property and property values and must be compensated for property that is taken if the lake level is set higher than 889 feet. It is unfortunate that the historic facts were not disclosed to those who recently purchased or built their homes, but they should seek redress through the sellers, rather than trying to force their perceived losses on the original residents. Laurie Maher 3018 Marine Circle Stillwater, MN 55082 • • KLEIN, ZELMAN, ROT II ERMEL Sc DIGH 485 MADISON AVENUE NEW YORK, NEW YORK 10022 -5803 TEL (212) 935 -6020 FAX (212) 753 -8101 FRED C. KLEIN e-mail: kzrd@legal.org ANDREW E. ZELMAN JOAN EBERT ROTHERMEL JOEL R. DICHTER JANE B. JACOBS NANCY B. SCHESS BRIAN G. CESARATTO DAVID O. KLEIN Eagle Communications, Inc. Date of Filing: 10/24/97 Docket No. P5579/NA -97 -1578 Dear Sir or Madam: November 26, 1997 In compliance with Minnesota law, Eagle Communications, Inc. hereby serves notice of its intention to provide resold local exchange telecommunications services throughout the State of Minnesota. Eagle Communications, Inc.'s application for authority to provide the aforementioned service is on file at the Minnesota Department of Public Service. Sincerely, ;frt ./4:Z David 0. Klein Attorney for Eagle Communications, Inc. • • DEC 15 199 Dear U S WEST Customer: 1IJ WEST U S WEST Communications has petitioned the Minnesota Public Utilities Commission for approval of a new method for raising and lowering the prices of its services. Under this new method, authorized by the Minnesota Legislature, prices and rates would no longer require approval by the Minnesota Public Utilities Commission in all cases. Instead, U S WEST would have the ability to raise and lower prices with less Commission oversight. For a period of three years or until the year 2001, U S WEST would not be allowed to raise the price of local telephone service and other price regulated services, such as 9 -1 -1 emergency services. U S WEST would, however, be allowed to raise or lower the price of optional local services, such as caller identification (Caller ID), call waiting and call- forwarding consistent with the plan. The Minnesota Public Utilities Commission would continue to have the authority to monitor service quality issues and investigate service complaints from consumers. The Public Utilities Commission will hold a series of public hearings to provide more details of the plan and to seek your input regarding this new pricing method. The public hearings are scheduled as follows: Minneapolis Monday, January 5, 1998 1:OOPM Minneapolis City Hall Room 317 350 South 5th Street Minneapolis MN 55415 Duluth Tuesday, January 6, 1998 7:OOPM Duluth City Hall Council Chambers -3rd Floor 441 West First Street Duluth MN 55802 St. Paul Monday, January 5, 1998 7:OOPM Minnesota Public Utilities Commission 121 Seventh Place East, Suite 350 St. Paul MN 55101 Sauk Rapids Wednesday, January 7, 1998 1:OOPM Sauk Rapids City Hall 115 Second Avenue North Sauk Rapids MN 56379 Marshall Rochester Thursday, January 8, 1997 Friday, January 9, 1998 7:OOPM 3:OOPM Southwest State University Rochester Government Center Room CH217 Conference Room 104 1501 State Street 201 4th Street SE Marshall MN 56258 Rochester MN 55901 Moorhead Tuesday, January 13, 1997 7:OOPM Moorhead City Hall Council Chambers 500 Center Avenue Moorhead MN 56560 You may provide comments in writing to the Commission at the following address: Consumer Affairs Office Minnesota Public Utilities Commission 121 Seventh Place East, Suite 350 St. Paul MN 55101 If you would like further information from U S WEST about its proposal, please call 1- 800 - 247 -0152. Customers using a TTY may call 1 -800- 223 -3131. Jim Smiley Vice President - Minnesota • 1 bEC -15 -1997 00:22 CITY OF OPH LilYVr OAK PARK HEIGHTS P.01/02 14168 N. 57th Street • Box 2007 • Oak Park Heights, MN 55082 Phone: (612) 439 -4439 - FAX 439 -0574 Fax Transmittal T0: All parties listed below Fax #: various FrOm: City of Oak Park Heights Date: 12 -15 Ai Subject: 4119-j t1 19'j Council Mtn. Agenda Total Number of Pages, including cover sheet: 2. ••� ♦•♦i ♦♦•i • ♦♦•♦ ♦•♦ ♦ii 4 44.4 ♦ 4. • • • • • 1 1 • 4, • 4 • ♦ ♦ ♦ ♦ • • • 4. Please route to the following parties: 1). The Courier 2). The Stillwater Evening Gazette 3) . • Mark Vierling, . Eekberg-Lammers- Briggs - Wolff & Vierl.i.ng 4). Nile Kriesel, City. ofStiilwater 5).. Joe Anderl.ik,'Bonestrao- Rosene- Anderlik & Associates, Inc, 6). Brian Scott Bonestroo- Rosere- Anderlik & Associates, "Inc; • 7). Scott Richards,.' Northwest Associated. Consultants, Inc 8). Robert Bracket' 9). Dave Mol, Tautges & Redpath.Co., Ltd. 10).. Kenneth Hartung., City of Bayport • If you have.not received all pages as indicated above,. please call 439:4439. Have a Good Day! Tree City U.S.A. DEC -15 -199? 00 :23 CITY OF OFH CITY OF OAK PARR HEIGHTS CITY COUNCIL MEETING AGENDA WEDNESDAY, DECEMBER 17, 1997 - 7:00 P.M. 7 :00 P.M. AGENDA I . Call To Order l-Apa, rove' af. Age d It . Department Reperts 1. Police 2. Administration 3. Public Works 4. Parks 5. Cable 6. Water Management Organizations 7. Recycling Award Eacloeure 1 8. OPH Business Group 9. Bridge Reports III. Visitors IV. ConseAt Agenda. (Roll Call Vote) Enclosures 2A, 2B, 2C, 2D P.02402 V. public Hearings VI. Unfinished Business 1. Proposed Commercial Subdivision - Oppidan Investment Company for Oak Park Pcnds Shopping Center Enclosure 3 2. Update on City Administrator Search Enclosure 4 VII . New Business 1.Stillwater Area Chamber of Commerce and River Valley Arts Council Membership Enclosure SA & 5B 2. Approval of Central St. Croix Joint Cable Commissions 1998 Budget Enclosure 6 Closed Session: The Council will adjourn to closed session to discuss union negotiations & pending litigation. Adjournment: TOTAL F.02 • 4 • • December 15, 1997 Minnesota Pollution Control Agency RE: ORDINANCE REQUIREMENTS GOVERNING INDIVIDUAL SEWAGE TREATMENT SYSTEMS Dear City and Town Officials: The attached guidance and summary documents are being provided in an effort to help you with decisions that you may or may not have to make in the near future regarding an ordinance governing Individual Sewage Treatment Systems. If you have any questions or need additional assistance with ordinance development or submittal requirements, please do not hesitate to contact me at 218 - 846 -7387. Sincerely, CAQS-L),-t-L-dk Joyce'Cieluch l ocal Government Liaison/ISTS Specialist JC:nls Enclosure cc: County Zoning/Environmental Services 520 Lafayette Rd. N.; St. Paul, MN 55155 -4194; (612) 296 -6300 (Voice); (612) 282 -5332 (TTY) Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. IF•••, 4 City /Town has adopted ordinance to regulate ISTS before May 7,1994. AND... Continue administration of ISTS program. YES THEN... Ordinance must comply with State 7080 Rules and /or County standards, and be submitted to the MPCA by Jan. 1, 1998 along with ordinance submittal checklist and, if appropriate, a list of more restrictive standards. NO County ordinance will cover area by 1998 -99. 4 City/Town has adopted ordinance to regulate ISTS afterMay 7, 1994. Continue administration of ISTS program. YES NO Ordinance must comply with State 7080 Rules and /or County standards. Submit to the MPCA upon adoption, along with ordinance submittal checklist and, if appropriate, a list of more restrictive standards. (No specific deadline date; can do so anytime however county ordinance will prevail until compliance is met). County ordinance will cover area by 1/1/98 or 1/1/99. 4 City/Town has no ordinance. Plan on adopting. -- Can do so at anytime; county ordinance will cover area until adoption. Continue as is. mss. County ordinance will cover area by 1/1/98 or 1/1/99. • • ISTS ORDINANCE REQUIREMENTS FOR CITIES The Minnesota Pollution Control Agency wishes to remind you of the upcoming deadline dates and requirements for those of you that have adopted or intend to adopt ordinances to implement, administer and enforce an individual sewage treatment system (ISTS) program. To quickly get you up to speed, this fact sheet will provide a brief overview of the most recent legislative changes to the ISTS Act (Minnesota Statutes 115.55 -.56) which specifically affects an ordinance regulating the administration, implementation and enforcement of an ISTS program within incorporated areas of all counties. Requirements of 1997 Legislation: All counties are now required to pass ordinances regulating septic systems county wide, even if they do not have county wide zoning. The new law further specifies that the county ordinance must apply to incorporated areas except an incorporated area that has itself adopted standards that comply with Minn. Stat. 115.55 and are at least as strict as the county ordinance. The legislative intent was to provide for consistency in the regul •,tions throughout an area. The new law also established ordinance compliance dates and submittal requirements. All counties that did not adopt ordinances by May 7, 1994, or that do not have ordinances must comply with individual sewage treatment rules by January 1, 1999. Any ordinance adopted by a local unit of government before May 7, 1994, to regulate individual sewage treatment systems must be in compliance with rules by January 1, 1998. See attached summary! A New Relationship for Cities and Counties: The new changes in the law will mean different things to different local units of governments. It may simply mean that an incorporated area with no ordinance, will be covered by their County's ordinance by 1/1/98 or 1/1/99. The changes may be a bit more complicated, for example, if both a county and a city within the county have ordinances to regulate ISTS and the county is in the process of establishing more restrictive standards, it would be in the best interest of the city to have input in this area since the standards will have to be adopted by the city as well, and may not be practical standard for the city to impose due to lot size etc. A possible solution would be for the city /town to request the county to place an exception in the county ordinance for the specific area. At the very least, the new changes in the law will mean that there will have to be communication between the two entities to work out the mechanics of permitting, administration and enforcement, as well as how to address different compliance dates. This approach could save the city/town from having to amend their ordinance again in the near future. Perhaps most important to a smooth transition will be the manner in which counties and cities together facilitate a constructive approach to issues such as technical standards, enforcement and jurisdiction, permitting or joint powers agreements with a common goal of creating a user friendly, effective program for its citizens. For More Information: For more information, contact Joyce Cieluch at 218- 846 -7387, or by calling the MPCA's toll - free line at 1- 800 -657 -3864; or via e-mail at " joyce.cieluch @pca.state.mn.us ". j. cieluch:12 /1/97 METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, and Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 602 -1888 and on our web page at: www.metrocouncil.org. Comments on Council issues can be made by electronic mail at: data.center@metc.state.mn.us or by calling the Public Comment Line at 602 -1500. DATE: December 12, 1997 WEEK OF: December 15 - December 18 METROPOLITAN COUNCIL Community Development Committee - Mon., Dec. 15, Noon, Chambers. The committee will consider: transfer of balance from Grant AG -91 -1 (Lake St. Bridge Underpass) to Grant SG -95 -01 (Central Mississippi Riverfront contaminated soil remediation); Castle Rock township comprehensive plan update - Year 2020 revised; tax base revitalization account funding recommendations; set a public hearing date for finance section of recreation open space development guide /policy plan; discussion of policy to permit sale of surplus regional park land; and other business. Permanent Agricultural Land Preservation Project Task Force - Mon., Dec. 15, 3 p.m., Room 1A. The committee will consider: the draft report and recommendations; and other business. Finance Committee - Mon., Dec. 15, 4 p.m., Room 2A. The committee will consider: approval of affirmative action plan; approval of contract for occupational health and drug/alcohol testing services; approval of 1997 budget amendment; and approval of 1998 revised sewer service rate and proposed budget; authorization to set closed meetings of the litigation review special committee to discuss pending or imminent litigation and attorney -client privileged matters involving personal injury, workers compensation, employment related claims and other matters. The next portion of the meeting may be closed to the public pursuant to MN Statutes section 471.705, subdivision la (1996), to discuss labor negotiations. The meeting will then be reopened to the public to discuss other business. Land Use Advisory Committee - Tues., Dec. 16, 8:30 a.m., Room 2A. The committee will consider: presentation of the permanent agriculture land preservation project; presentation of open space design development: a guide for local governments; status report on the alternative dispute resolution/land use board of appeals; status report on planning grants, tax base revitalization account, livable communities demonstration account and other business. Special Meeting of the Transportation Accessibility Advisory Committee - Tues., Dec. 16, 3:30 p.m., Room 1A. The committee will consider: discussion of proposed legislation to create a metropolitan area special transportation board; and other business. ISTEA Programming Committee - Wed., Dec. 17, 1:00 p.m., Room 2A. The committee will consider: complete review of regional solicitation recommendations; election of committee chair; and other business. Transportation Advisory Board - Wed. Dec. 17, 2 p.m., Chambers. The committee will consider: introduction of new TAB member, Richard Stehr; ISTEA programming committee report; project recommendations for regional project solicitation process; ATP report; transportation system performance audit; transitways update; Pat Scott recognition; and other business. • • r Public Hearing on Draft Facility Plan for a Laboratory Facility at the Metro Plant - Wed., Dec. 17, 7 p.m., Chambers St. Paul Area Chamber of Commerce Luncheon Discussion - Thurs., Dec. 18, 12:00 noon, St. Paul Area Chamber of Commerce, 332 Minnesota Street, Suite N -205, St. Paul. Legislative Strategies Committee - Thurs., Dec. 18, 3 p.m, Room 1A. The committee will discuss metro governance issues. Metropolitan Council - Thurs., Dec. 18, 4 p.m, Chambers. The committee will consider: continuation of public hearing for Metropolitan Council 1998 work program and budget; continuation of public hearing for Metropolitan Council 1998 - 2002 capital improvement program and 1998 capital budget; GIS data and cost sharing agreement - Hennepin County; membership in MSRS unclassified retirement program; approval of closed meetings of the finance committee to discuss labor negotiation issues; approval of payment of special assessment from city of Fridley; approval of personnel ethical practices report; authorization to award contracts for medical surveillance program for respiratory protection and hearing conservation; authorization to award contract for uniform rental and laundry services; authorization to enter into a tentative agreement between the Metropolitan Council and the International Association of Machinists and Aerospace Workers, District Lodge 77; authorization to enter into a tentative agreement between the Metropolitan Council and the International Brotherhood of Electrical Workers, Local 110; transfer of balance from Grant AG -91 -1 (Lake St. Bridge underpass) to Grant SG -95 -10 (Central Mississippi Riverfront contaminated soil remediation); authorization to enter into an energy rebate agreement with NSP; authorization to award and execute a contract for MWWTP process control system phase one installation; report on buses and bicycles on the Nicollet Mall; capital agreement with Minnesota Valley Transit Authority (MVTA) for the Palomino Hills park and ride; sole source procurement of farebox equipment from GFI; approval of financial advisor contract; approval of amendment to 1997 operating budget; authorization for change in the competitive process for professional/technical services contracts and change in approval process for amendments to professional/technical services contracts; approval of change in bond counsel selection process; approval of contract for occupational health and drug/alcohol testing services; approval of 1998 - 99 affirmative action plan; authorization to set closed meetings of the litigation review special committee to discuss pending or imminent litigation and attorney -client privileged matters involving personal injury, workers compensation, employment related claims and other matters; livable communities demonstration account funding recommendations; forecast issues; Castle Rock Township comprehensive plan update, year 2020 revised; tax base revitalization account funding recommendation; set a public hearing date for finance section of recreation open space development guide /policy plan; 1997 budget amendment 1998 revised wastewater service rate and proposed budget; staff comments on scoping environmental assessment worksheet and draft scoping decision document for expansion of Flying Cloud Airport; and other business. Executive Committee - Fri., Dec. 19, 8 a.m., Nicollet Island Inn, 95 Merriam St., Minneapolis. The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 602 -1447, (TTY: 291- 0904). Call the Metro Information Line at 602 -1888 for coming meetings and agendas and otherCouncil information or find them on our web page at www.metrocouncil.org TENTATIVE MEETINGS THE WEEK OF DECEMBER 22 - DECEMBER 26, 1997 Transportation Committee - Mon., Dec. 22, 4 p.m., Chambers METROPOLITAN PARKS AND OPEN SPACE COMMISSION Commission Meeting - Metropolitan Parks and Open Space Commission - Tues., Dec. 16, 3 p.m., meet at parking lot of Gasthof Zur Gemutlichkeit Restaurant, 2300 University Ave., Northeast Minneapolis. The committee will take a tour of the north Mississippi Regional Park and proposed expansion of park to include section of 49th Ave. from Humboldt Ave. east to current boundary of North Mississippi Regional Park; and discuss other business. The Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. Meeting times and agendas occasionally may be changed. To verify meeting information, please call 602 -1456. 2 METROPOLITAN AIRPORTS COMMISSION Commission Meeting - Thurs., Dec. 18, 1 p.m., Room 3040, West Mezzanine, Lindbergh Terminal The committee will consider: recommendation regarding airport leases; approval of bills, expenses, payrolls, transfer of funds; investment of funds; final payment on the following MAC contracts: Lindbergh terminal elevator installations/modifications, employee parking lot modifications, parking ramp rehabilitation - 1997, 1996/97 part 150 sound insulation program; semi -final payments on the following MAC contracts: administration building modifications - St. Paul Downtown Airport, 1997 pavement rehab /airfield signage - Crystal Airport, taxiway B reloc./Tower Road construction - St. Paul Downtown Airport; bids received on the following MAC contracts: runway 12R/30L reconstruction/taxiway W construction, run -up pad blast fence modifications, part 150 sound insulation program - November bid cycle; review of upcoming construction bids; NSP agreement - Crystal Airport; gold and red concourse carpeting replacement update; change management policy report; runway 4/22 extension environmental assessment; additional transportation/parking consultant; MASAC reorganization; parking expansion update; hearing officer's report/findings, conclusions and order - Rwy. 17/35 property acquisition; 1998 - 2004 capital improvement program: environmental review, program financing, program approval, project labor agreements; proposed south metro public safety training facility; update on annual commercial vehicle trip fees; request authorization to issue an RFP for public payphone - local and long distance phone services; personnel policy guide revisions; 1998 employee health insurance plan; MSP liquor license renewal; 1998 general adjustment to MAC compensation plan for non - organized employees; Anoka air charter public appearance; 1996 APCOA incentive award; proposed south metro public safety training facility update; congressional update; monthly operating results; summary of investment portfolio; summary of air carriers passenger facility charges; internal and concessionaire audits: Budget Rent -A -Car Systems Inc., Universal Outdoor Inc.; 1997 audit plan: audit plan presentation by Deloitte & Touche, status of 1996 management letter comments; 1998 - 2000 capital improvement program finance; Met Center acquisition; resolution of appreciation - J. Robert Stassen; and other business. Commercial Vehicle Ordinance Hearing Officer Meeting - Fri., Dec. 19, 2 p.m., Room 3040, West Mezzanine, Lindbergh Terminal. The findings, conclusions and order from the public hearing regarding the adoption of the proposed commercial vehicle ordinance will be presented. Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. For more information, call Lynn Sorensen at 726 -8186. METROPOLITAN SPORTS FACILITIES COMMISSION Personnel Committee Meeting - Wed., Dec. 17, 7:30 a.m., Commission Conference Room, HHH Metrodome, 900 So. 5th St., Minneapolis. The committee will consider: salary adjustments for 1998; and other business. Commission Meeting - Wed., Dec. 17, 8 a.m., Commission Conference Room, HHH Metrodome, 900 So. 5th St., Minneapolis. The executive session will be closed to the public to discuss personnel issues and the Minnesota Twins lease. The meeting will then be open to the public and they will consider: Bloomington land sale; approve expenditures football study - Ellerbe Becket, M. A. Mortenson; 1997 concessions and marketing budget review; 1998 concessions and marketing review; stadium jobs program; pay equity plan; salary adjustments for 1998; employee recognition; and other business. The Metropolitan Sports Facilities Commission office is located at 900 South 5th St., Minneapolis, MN 55415. All meetings are held in the conference room, unless noted otherwise. Meeting times and agendas occasionally may be changed. To verify meeting information, please call Nancy Matowitz, 335 -3310. 3 • League of Minnesota Cities Cities promoting excellence 145 Universi lffiiU1 S +PtIMN ee /Z 44 7 5103 -2044 Phone: (612) 281 -1200 • (800) 925 -1122 Fax: (612) 281 -1299 • TDD (612) 281 -1290 • December 8, 1997 Dear City Managers, Administrators, and Clerks: Newly elected officials have to hit the ground running...even before they've had a chance to learn the intricacies and legal requirements of governing a city. From the moment they take the oath of office, they're accountable to the public for every decision they make. Help your newly elected officials prepare for their new responsibilities and shorten their learning curve! Reserve a spot for them at the League of Minnesota Cities' Newly Elected Officials Conference where they will explore their new roles and responsibilities and learn about the legal aspects of being an elected official. Elected officials tell us year after year that the Newly Elected Officials Conference provided them with an excellent foundation of local government and practical tips for becoming an effective council member. This year's conference is bigger and better than ever. It has been expanded to a full -two day program which now includes a session on the financial responsibilities of elected officials. Conference leader Carl Neu, back again by popular demand, will give elected officials an overview of what it means to be a member of a city council and what their job entails. In addition, each participant will receive a notebook filled with practical information and other resources they will need to be an effective elected official and information about the League's Leadership Institute for Elected Officials. The Newly Elected Officials Conference will be held on two different dates and in two different locations: GRAND RAPIDS Sawmill Inn Jan. 30 -31 ST. PAUL Radisson Inn at Town Center Feb. 6 -7 Strongly encourage your newly elected officials and recently appointed councilmembers to attend this conference. Further information is available in the enclosed flyer and registration/housing materials. We appreciate your assistance in distributing this information to your city officials. If you need additional information about this conference, please contact Cathy Dovidio at 612- 281 -1250. Sincerely, • 924-4. -t7)24'."14) James F. Miller Executive Director - —F7q AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER League of Minnesota Cities Leadership Institute presents the . . Conference for Newly Elected Officials Grand Rapids January 30 -31 > NEWLY ELECTED? RECENTLY APPOINTED? CONGRATULATIONS! You have taken on a very important responsibility —to make decisions important to the future of your city. FEEUNG EXCITED BUT JUST A BIT UNPREPARED? Ifs NATURAL! When you take office, your constituents will look to you for leadership. They'll expect you to know what to do, not realizing how much there is to learn. > WANT TO SHORTEN YOUR "LEARNING CURVE "? TAKE HEART! Avoid the wasted time and frustration of learning by trial and error. Attend a program that is specifically tailored to your new duties. You'll gain a solid foundation and know how to get questions answered. WHO SHOULD ATTEND? > You SHOULD! • Newly elected mayors and councilmembers; • Those appointed to fill vacancies during the past year; • Officials elected in 1996 who were not able to attend this conference last year. Carl Neu is back as a featured presenter. His background as an elected official and a dynamic speaker makes him a much sought -after trainer around the country. * Special features > Experienced presenters with extensive "hands -on" knowledge of cities. > Special participant notebook with ses- sion handouts and reference materials. > 10 hours of credit toward the Leader ship Institute Certificate of Recognition. Important note: Registration /Housing Forms have been mailed directly to each city. The forms are also available through the League's fax library at (612) 215 -4039. The fax number to use is 61010. LMC League of Minnesota Cities Cities promoting exodence J St. Paul February 6 -7 Program Schedule FRIDAY 9:00 a.m. Registration 10:00 WELCOME Jim Miller, Executive Director, League of Minnesota Cities 10:15 WHAT THE JOB INVOLVES: THE BIG PICTURE • Your leadership role: Making a difference in your city • Achieving good governance and good public policy • Clarifying roles and responsibilities within the council • Goal- driven leadership Carl Neu, Former Councilmember and Council President, Lakewood, Colorado; Principal, Neu and Company 12:15 p.m. Lunch 1:00 OVERVIEW OF LMC PROGRAMS AND SERVICES Jim Miller 1:15 LEGAL REALmES - WHAT COUNCILS CAN AND CANNOT Do Desyl Peterson, City Attorney, Minnetonka 3:15 Break 3:30 UNDERSTANDING YOUR CITY'S FINANCIAL PICTURE Rob Tautges, President, Tautges Redpath & Co., Ltd. 5:45 Dinner 7:00 A BREAK FROM YOUR NEW JOB: BALANCING PERSONAL PRIORmEs AND PUBUC RESPONSIBILmES Hal Schippits, Psychologist, Professional Speaker, Hennepin County Staff Social Hour /Networking 8:30 SATURDAY 7:00 a.m. 8:00 8:05 9:30 10:30 10:45 Breakfast Buffet HOST CITY WELCOME WHAT THE JOB INVOLVES: GOVERNMENT AS A "TEAM" • Council effectiveness • Working with staff Carl Neu WORKING WITH STAFF: BEST PRACTICES • Defining council -staff roles League staff and city elected-staff teams Break LEGAL REAUTIES—FROM OPEN MEETING LAW TO DATA PRIVACY Timothy Kuntz, Attorney, LeVander, Gillen & Miller; City Attorney for Inver Grove Heights, Sunfish Lake; Assistant City Attorney for South St. Paul and West St. Paul Noon Lunch 1 :00 p.m. LEGAL REALJTIES —FROM CONFLICT OF INTEREST TO PERSONAL LIABIUTY Timothy Kuntz 2:15 WHAT THE JOB INVOLVES: CONNECTING WITH CmZENS • Promoting community interaction and dialogue • Sharing power with citizens • Ideas to use back home Carl Neu 3:45 Adjourn • • • • League of Minnesota Cities Conference for Newly Elected Officials Re Register early. Name Title Address City istration 1 State Zip Contact person Daytime telephone # Spouse's name (if registering) Please check the appropriate box —the location and date for which you are registering 01 January 30 -31, Sawmill Inn, Grand Rapids riFebruary 6 -7, Radisson Inn at Town Square, St. Paul Registration fee Advance registration On -Site registration (if space is available) Spouse (if attending sessions /meals) Special needs If you are disabled and require special to this registration form Name Title Address City Registration cancellation policy $ 170 All requests for cancellation must be in writing, post - $ 195 marked one week prior to the scheduled meeting, and $ 50 are subject to a $35 cancellation fee. services, or if you have special dietary needs, please attach a written description Housing Reservation Form League of Minnesota Cities Conference for Newly Elected Officials JANUARY 30 -31 SAWMILL INN GRAND RAPIDS Daytime contact Arrival date State _ Zip Telephone # Departure date $65 single (includes $65 double tax) Number of nights I wish to guarantee payment for late arrival Smoking Non - smoking Iandicap accessible Make check payable and mail to: Reservations Sawmill Inn 2301 South Pokegama Avenue Grand Rapids, MN 55744 Important instructions: 711e hotel reservation cut -off date is January 16, 1998. After January 16, reservations will he accepted if space remains available. You will receive an acknowledgment of your hotel reservation from the hotel. All changes in reservations or cancellations must be made directly with the hotel, telephone (218) 326- 8501 or (800) 667 -7509. A deposit equal to one night's lodging per room must accompany this housing form. Credit card company Card number Expiration date Name Housing Reservation Form League of Minnesota Cities Conference for Newly Elected Officials FEBRUARY 6 -7 RADISSON INN ST.PAUL Title Address City Daytime contact Arrival date $71 single + tax $71 double + tax Number of nights 1 wish to guarantee payment for late arrival Smoking _ Non- smoking Handicap accessible Make check payable and mail to: Reservations Radisson inn St. Paul 411 Minnesota St. St. Paul, MN 55101 State Zip Telephone # Departure date Important instructions: The hotel reservation cut -off date is January 16, 1998. After January 16, reservations will he accepted if space remains available. You will receive an acknowledgment of your hotel reservation from the hotel. All changes in reservations or cancellations must he made directly with the hotel, telephone (612) 291- 8800. A deposit equal to one night's lodging per room must accompany this housing form. Credit card company Card number Expiration date 1 1 MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS December 2, 1997 City of Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Attn: Morli Weldon, Clerk WASHINGTON SOIL AND WATER CONSERVATION DISTRICT 1825 Curve Crest Blvd., Room 101 Stillwater, MN 55082 (612) 430 -6820 Fax: (612) 430 -6819 As of January 1, 1998, the Washington Soil and Water Conservation District in coordination with the Minnesota Department of Natural Resources, Division of Forestry will no longer be providing cost share assistance through the Oak Wilt Program. To inquire about obtaining funds for your community to continue the oak wilt assistance program, please contact Mr. Tom Eiber at the MN Department of Natural Resources, Division of Forestry, telephone number (612) 772 -7567. Sincerely, Jan Arndt Secretary Washington SWCD AN EQUAL OPPORTUNITY EMPLOYER DEC -02 -1997 16:49 P.01 /9f7 11/21(1aAlel'° 611fc 0f �-- al&12 /det'l- 74- 9( G:d -,11tZtie "elitevt Gam- C -ZL1 deundaivx) 7 /67°5- y»., -,, SSoyz /02-/(31— s/or//J (1) DEC-02-1997 16:49 1 Notice of .Proposed Total Budget and Property Ta_ , The Stillivater city council will hold a public tearing on its budget and on phe amount of property taxes It is proposing to collect to pay for the costs of services the city will provide in 1998. $PENDING: The.totai budget amounts below compare the city's 1997 total actual budget with the amount the city proposes to spend in 1998. 1997 Total Proposed 1998 Change From Actualffudget i3ttdget 1997 -199$ CO 1 $7,731,851 $8,665,517 12% It (. .. TAXES: . The property tax amounts below compare that portion of the current budget levied in property taxes in the city of Stillwater, for 1997 with the property taxes the city proposes to collect in 1998. .. - 1997 Property Proposed 1998 Change, From Inn_ Property Taxes 19,47;;1.9498:: $3,941,109 $4,216,986 riA I Attend the Public Hearingoo*f, ° . ;. a 'AII.Stiliwater city residents are Invited to attend the public_hearin of the citycouncllto express their opinions on the budget;and'on the °p'iYoposed amount of 1998 property taxes.. The hearing will be holden: , ::. ;.., Tuesday, December'2, at'1:0O p.m. Stillwater City Halt` ` ..? :' ' 'ri .. 216 N. 4th $t. Stillwater i.. You are also invited to send your written :comity City of Stillwater, Mayor's Office, 216 N. 4th St. Stillwater, 82 .! P.02 TOTAL P.E_ Stillwater Township • December 11, 1997 DAM Untiedt 7:30 p,m. Regular Meeting dal: Adopt Minutes: Approve Minutes November 12 and November 14, 1997 1. Claims & Checks 2. Planning Fees - Report from Treasurer 1. Update Rivard 2. Recycling Contract 3. Lacey variance 4. Board of Review 5. Haines Deed 1, Comprehensive Plan Framework Update • 2. January 171Viee Ling • 1. Public Works:, 1. City of Stillwater: roadwork bill including road maintenance project 97 costs. 2. Resignation Director Public Works 3. Alternatives for handling township roadwork i, e, County - costs to be available Lack 1. Miscellaneous Comma: 1. Term appointments 2. Planning Commission meeting January 15 3. Discuss change of Planning Commission liaison person to the Park Commission. ;gpk • Mill: 1, University Report 2. N. Torgerson ( ?) Qld Business: 1. Organizational meeting date change Neer Hu bus MOi. 12/7/97 Pat Bantli WASHINGTON COUNTY ***NOTICE CHANGE IN TIME* * * COUNTY BOARD AGENDA DECEMBER 9, 1997, 2:15 P.M. Dennis C. Hegberg District 1 Mary Hauser District 2 Wally Abrahamson District 3 Myra Peterson District 4 /Chair Dave Engstrom District 5 2 :15 to 3:15 Board Workshop with H.E.L.M. Department Proposed Process and Policy Issues Related to Revising the County's Shoreland Management Ordinance 1. 4:15 2. 3. 4:15 4. 4:25 5. 6. Roll Call Consent Calendar General Administration - J. Schug, County Administrator Transfer of Tax Forfeited Land to the City of Hugo Discussion from the Audience Visitors may share their concerns with the County Board of Commissioners on any item not on the agenda. The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to limit your address to five minutes. 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 7. 4:40 Adjourn 7:00 p.m. Truth-in-Taxation Public Hearing - County Board Room REMINDER: No Board Meeting on December 30, 1997 - Fifth Tuesday Date Dec. 9 Dec. 9 Dec. 10 Dec. 10 Dec. 10 Dec. 10 Dec. 11 Dec. 11 Committee Mental Health Advisory Valley Branch Watershed Interviews Met. Mosquito Control Commission 911 Board EMS Radio Communication Board HRA Board Metro TAB Community Social Services MEETING NOTICES Time Location 4:00 p.m. 1584 Hadley Ave. - Oakdale City Hall 4:40 p.m. Washington County Government Center 8:30 a.m. 2099 University Ave. W. - St. Paul 10:30 a.m. 2099 University Ave. W. - St. Paul 2:00 p.m. 199 E. Wentworth - West St. Paul 3:00 p.m. 1584 Hadley Ave. - Oakdale City Hall 12:30 p.m. 230 E. 5th St. - Mears Park Centre 8:00 a.m. Lake Elmo Inn - Lake Elmo If you need assistance due to disability or language barrier, please cell 430-6003 (T00 439 -3220/ EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* DECEMBER 9, 1997 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the November 25, 1997 Board meeting minutes. B. Approval of expenditure of $13,000 of the State Natural Resources Block Grant - Wetland Funds for Forest Lake Watershed Management Organization (FLWMO) to complete a water management plan for the new joint powers FLWMO and authorize the Chair and Administrator to execute the agreement with the FLWMO. C. Approval to transfer the $15,600 Board of Water and Soil Resources Water Planning Grant from Washington County to the Brown's Creek Watershed District (BCWD) and authorize the Chair and Administrator to execute the agreement with the BCWD. Human Resources D. Approval for attraction/retention salary ranges for the classification of PC /LAN Technician, PC /LAN Analyst, and Adult Nurse Practitioner. Public Works E. Approval to advertise for bids for supply and installation of carpeting in County buildings. • F. Approval to advertise for bids for painting services for County facilities. G. Approval to advertise for general plumbing maintenance services for County facilities during 1998. H. Approval of resolution, final payment to Flanagan Sales, Inc.. in the amount of $18,373.23 for installation of two play structures at Lake Elmo Park Reserve. Sheriff I. Approval to reimburse the Captains from the Sheriff's Office for their overtime worked on the flood during April, 1997. *Consent Calendar items are generally defined 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. WASHINGTON COUNTY COUNTY BOARD AGENDA DECEMBER 16, 1997, 9:00 A.M. 1. 9:00 Roll Call 2. Consent Calendar Dennis C. Hogberg District 1 Mary Hauser District 2 Wally Abrahamson District 3 Myra Peterson District 4 /Chair Dave Engstrom District 5 3. 9:00 Public Works Department - D. Wisniewski, Director Reject All Bids for Remodeling of the Forest Lake License Bureau 4. 9:05 H.E.L.M. Department - M. McGlothlin, Director Building Inspection Services to Local Governments 5. 9:25 General Administration - J. Schug, County Administrator A. Grant Agreement with Board of Water and Soil Resources for Joint Ditch No. 1 B 1998 County Budget and Tax Levies for 1998 C. 1998 Salaries for Elected County Officers D. 1998 Salary for County Administrator E. 1998 County Commissioners' Salaries and Expense Reimbursement 6. 10:00 Discussion from the Audience Visitors may share their concerns with the County Board of Commissioners on any item not on the agenda. The Chair will direct the County Administrator to prepare responses to your concerns. You are encouraged not to be repetitious of previous speakers and to limit your address to five minutes. 7. 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. 8. Board Correspondence 9. 10:20 Adjourn REMINDER: No Board Meeting on December 30, 1997 - Fifth Tuesday MEETING NOTICES Date Committee Time December 16 Parks and Open Space Commission December 17 Plat Commission December 17 Transportation Advisory Board December 18 Community Corrections December 18 Workforce Council December 18 Resource Recovery Project Board December 18 MELSA 7:00 p.m. 9:30 a.m. 2:00 p.m. 7:30 a.m. 8:00 a.m. 8:30 a.m. 12:00 p.m. Location St. Croix Bluffs Regional Park Washington County Government Center 230 E. 5th St. - Mears Park Centre Lake Elmo Inn - Lake Elmo Washington County Government Center 1670 Beam Ave., Suite B - Maplewood 570 Asbury Street - St. Paul 11 you need assistance due to disability or language barrier, please call 430-6003 (TOD 439-32201 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER • • • WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* DECEMBER 16, 1997 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Auditor - Treasurer Health, Environment and Land Management Human Resources • Public Works A. Approval of contract with River Heights Plaza, Inc. for lease of space in River Heights Plaza for Stillwater License Center site. B. Approval for Chairman and Administrator to sign Density Allocation Agreement to allow James and Mary Thurmes to subdivide a portion of their property. C. Approval for Chairman and Administrator to sign Density Allocation Agreement to allow Robert and Mavis Voigt to convey a 2 acre parcel from their 34 acre parcel to an adjoining property owner, Thomas Teruiant. D. Approval and execution of amendment to the agreement between Washington County and Northern States Power for the collection of fluorescent lamps. E. Approval and execution of amendment to the agreement between Washington County and Rollins Environmental, Inc. for household hazardous waste management services. F. Approval of 1997 meet and confer agreement with non -union employee groups including Department Heads and confidential supervisors and confidential employees. G. Approval of final payment to Valley Paving, Inc. in the amount of $10,761.10 for road construction on Mayberry Trail in New Scandia Township. H. Approval to release the Manning Avenue Connection Environmental Assessment Worksheet for distribution. I. Approval of resolution revoking County State Aid Highways 40, 41, 42, 43, 44 and 45 to the City of St. Paul Park and terminating agreement #06 -0220- 1244. J. Approval to advertise for proposals on play equipment for St. Croix Bluffs Regional Park. *Consent Calendar items are generally defined 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. METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, and Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 602 -1888 and on our web page at: www.metrocouncil.org. Comments on Council issues can be made by electronic mail at: data.center @metc.state.mn.us or by calling the Public Comment Line at 602 -1500. DATE: December 5, 1997 WEEK OF: December 8 - December 12 METROPOLITAN COUNCIL Urban Economic Summit - Mon., Dec. 8, 10 a.m., Earle Brown Center, U of M, 1890 Buford Ave., Room 135AC, St. Paul. The agenda will include: summary of the October Urban Economic Summit; strategies, tools and setting priorities (small group discussions); reporting back: priorities for an action agenda; and other business. Transportation Committee - Mon., Dec. 8, 4 p.m., Chambers. The committee will consider: approval to set public hearing for Stillwater transit redesign; report on buses and bicycles on the Nicollet Mall; capital agreement with Minnesota Valley Transit Authority (MVTA) for the Palomino Hills park and ride; sole source procurement of farebox equipment from GFI; performance audit; authorization for Metro Transit to proceed with specific steps necessary for the construction of a replacement facility for the Snelling Garage; central corridor transit facility improvements; long term bus procurement; hybrid electric bus technology; bus seat configuration; federal legislative update; senate transportation committee presentation; Metro Transit general manager's update; and other business. Southwest Metro Groundwater Work Group - Tues., Dec. 9, 1 p.m., Prior Lake Fire Station, 16676 Fish Point Rd., Prior Lake. The committee will consider: review of revised data collection and assessment plan framework; overview of proposed group process /oversight in the data collection and assessment plan; financing strategies; and other business. Environment Committee - Tues., Dec. 9, 4 p.m., Chambers. The committee will consider: authorization to enter into an energy rebate agreement with NSP; authorization to award and execute a contract for MWWTP process control system phase one installation; 1997 budget amendment; 1998 revised wastewater service rate and proposed budget; Metro Plant solids processing project update; sustainability concept and regional growth strategy; 1998 unified budget update; and other business. Transit Providers Advisory Committee - Thurs., Dec. 11, 10 a.m., Room 1A. The committee will discuss: 1998 TPAC work plan; 1998 legislative program; operation "131 "; report on the regional transit capital process; report from the fare subcommittee; report from the marketing subcommittee; and other business. ISTEA Programming Committee - Thurs., Dec. 11, 12:30 p.m., Room 1A. The committee will consider: review of TAC recommendations for the regional project solicitation process; and other business. Transportation Advisory Committee Planning Committee - Thurs., Dec. 11, 1:30 p.m., Room 2A. The committee will consider: review and discussion of the Twin Cities transportation system performance audit; discussion of policies and procedures regarding roadway functional classification changes; review and discussion of proposed roadway functional classification change for Stonebridge Trail in Washington County; and other business. • • • 4 • • Legislative Strategies Committee - Thurs., Dec. 11, 3 p.m., Room IA. The committee will discuss external legislative initiatives related to the Metropolitan Council. Special Committee of the Whole - Thurs., Dec. 11, 4 p.m., Room 1A. The committee will consider: review of the Twin Cities performance audit of the transportation system; review of tax base revitalization account funding; and other business. The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 602 -1447, (TTY: 291 - 0904). Call the Metro Information Line at 602 -1888 for coming meetings and agendas and other Council information or find them on our web page at www.metrocouncil.org TENTATIVE MEETINGS THE WEEK OF DECEMBER 15 - DECEMBER 19, 1997 Community Development Committee - Mon., Dec. 15, Noon, Chambers Permanent Agricultural Land Preservation Project Task Force - Mon., Dec. 15, 3 p.m., Room lA Finance Committee - Mon., Dec. 15, 4 p.m., Room 2A Land Use Advisory Committee - Tues., Dec. 16, 8:30 a.m., Room lA Metropolitan Parks and Open Space Commission - Tues., Dec. 16, 3 p.m., Chambers Housing and Redevelopment Authority Advisory Committee - Wed., Dec. 17, 8:30 a.m., Room lA ISTEA Programming Committee - Wed., Dec. 17, 12:30 p.m., Room 2A Transportation Advisory Board - Wed. Dec. 17, 2 p.m., Chambers Public Hearing Regarding the Draft Facility Plan for a Laboratory Facility at the Metro Plant - Wed., Dec. 17, 7 p.m., Chambers Legislative Strategies Committee - Thurs., Dec. 18, 3 p.m., Room lA Metropolitan Council - Thurs., Dec. 18, 4 p.m., Chambers Executive Committee - Fri., Dec. 19, 8 a.m., Nicollet Island Inn, 95 Merriam St., Minneapolis /Sax, ext. 1414 METROPOLITAN SPORTS FACILITIES COMMISSION Personnel Committee Meeting - Wed., Dec. 10, 9:30 a.m., Commission Conference Room, HHH Metrodome, 900 So. 5th St., Minneapolis. The committee will consider: stadium jobs program; pay equity plan; salary adjustments for 1998; review of legal fees; and other business. Finance Committee Meeting - Thurs., Dec. 11, 1:30 p.m., Commission Conference Room, HHH Metrodome, 900 So. 5th St., Minneapolis. The committee will consider: Bloomington land sale; approve expenditures football study - Ellerbe Becket, M. A. Mortenson; MSC agreement; and other business. Concessions/Marketing Committee Meeting - Fri., Dec. 12, 10 a.m., Commission Conference Room, HHH Metrodome, 900 So. 5th St., Minneapolis • The Metropolitan Sports Facilities Commission office is located at 900 South 5th St., Minneapolis, MN 55415. All meetings are held m the conference room, unless noted otherwise. Meeting times and agendas occasionally may be changed. To verify meeting information, please call Nancy Matowitz, 335 -3310. 2 tt Metropolitan Council METRO D NOVEMBER, 1997 A digest of actions taken by the Metropolitan Council, Metropolitan Airports Commission, Metropolitan Parks & Open Space Commission and Metropolitan Sports Facilities Commission. Minutes of all Council and Commission meetings are filed with the Legislative Reference Library, 645 State Office Building, 6th Floor, in St. Paul for a period of up to two years and can be viewed by the public. Call the appropriate commission or operations area for meeting information and/or specific questions. Metropolitan Council The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN, 55101. For further information regarding the contents of this publication, contact Sandra Lindstrom at 602 -1390. The Council's general number is 602 -1000 (TDD: 291- 0904). Call the Metro Information Line at 602 -1888 for recorded information about Council publications, Council actions, coming meetings, job openings and subsidized housing referrals. Recent Council publications can be found at major public libraries in the Metro Area. Publications can be ordered by e-mail. The address is: data.center@metc.state.mn.us. Comments can be made to that address as well as 602 -1500, the Metro Council Public Comment Line. Check the intemet web site at http://www.metrocounciLorg. The Council... Community Development • authorized its Regional Administrator to execute a revision to its GIS Data and Cost Sharing Agreement with Ramsey County to clarify that the Council will allocate $18,000 to assist the county in implementing its electronic data retrieval system, as described in the original Agreement, and to modify such other language in the Agreement, as necessary, to achieve the approved general provisions. • authorized its Regional Administrator to execute an interim GIS Data and Cost Sharing Agreement with Anoka County consistent with the stated general provisions. • authorized its Regional Administrator to execute the Agreement Governing the Administration of the Federal Section 8 Housing Assistance Payments Program within the City of Columbia Heights. • awarded Local Housing Incentive Account Program grants in the amount of $100,000 to the City of Lakeville for the Lakeville Family Townhome development. Environment • authorized the General Manager of Wastewater Services to execute a contract for one year, with a possible one -year extension, for the lease of Council land in Dakota County to Ferdinand & Lee Volkert for their high bid of $29,005 per year. • authorized its Regional Administrator to conduct a public hearing on the Metropolitan Wastewater Treatment Plant Work Space Improvement Facility Plan. • authorized its Regional Administrator to award and execute a contract for Metropolitan Wastewater Treatment Plant Process Control System, MCES Project No. 910800, to Bailey Controls Company, Division of Elsag Bailey, Inc., 29801 Euclid Avenue, Wickliffe, Ohio 44092 for their low bid of $12,750,454. • mEnto meuT • Finance • authorized its Regional Administrator to execute contracts for the acquisition of maintenance services in accordance with established procedures for sole source procurement. • authorized its Regional Administrator to execute sole source contracts with Midland Systems Inc., an IBM business partner, and with IBM to acquire computer hardware, software and related support services in an amount not to exceed $630,000, plus applicable taxes; and authorized its Regional Administrator to execute the contracts from these vendors for the acquisition of maintenance services in accordance with established procedures for sole source procurement. • accepted the Executive Summary of Internal Audit Results. • accepted the Minnesota State Auditor's Management and Compliance Letter for the Metropolitan Council for the year ended December 31, 1996. • accepted the 1996 Comprehensive Annual Financial Report. • approved the Public Hearing Draft of the 1998 Unified Operating Budget. • approved the Public Hearing Draft of the 1998 -2002 Capital Improvement Program and 1998 Capital Program and Budget. • set a public hearing on the Metropolitan Council 1998 Unified Operating Budget for December 4, 1997, at 6 p.m. and the 1998- 2002 Capital Improvement Program and the 1998 Capital Budget at 6:30 p.m. or at the conclusion of the hearing on the 1998 Unified Operating Budget. Page 2 • adopted principles, in the following areas, which will guide staff in the implementation and administration of the Metropolitan Council's Managed Competition process: 1. All Council functions are candidates for managed competition; 2. Participation in competitive processes is compulsory. 3. Proceeding directly to managed competition is allowed. 4. Managed competition can include evaluation of currently - outsourced functions. 5. Difficulty in precisely costing complex in -house activities will be a factor in evaluating price proposals. 6. The Council strives to grant no preference to potential public or private providers. 7. The Council encourages cooperative agreements which lower the overall cost of government. 8. Public employee incentives are supported (within legal limits) by the Metropolitan Council. 9. Job security is a goal (but not a guarantee) of the Metropolitan Council. Parks • authorized a $2 million grant consisting of interest earnings on its regional park grant funds to the Minneapolis Park and Recreation Board for Phase II development of North Mississippi Regional Park as presented. Transportation • authorized the General Manager of Metro Transit to proceed with the predesign steps necessary for the construction of a replacement facility for the Snelling Bus Garage. November, 1997 METRO DIevr The Council also: • approved resolutions recognizing Vern Peterson of the Association of Metropolitan Municipalities and Chuck Siggerud of the Minnesota Department of Transportation for their contributions to the metropolitan area. New Publications Council publications are available from the Council's Regional Data Center. For a free and complete list of publications, write the Metropolitan Council Data Center, 230 E. Fifth St., St. Paul, MN 55101, or call 602 -1140. E -mail address is: data.center @metc.state.mn.us. There is a charge for some publications. The bi- monthly Council Directions newsletter provides information on regional issues and Council Programs. If you wish to receive a copy of Council Directions, call Dawn Hoffner at 602 -1447. Metropolitan Commission Activities Metropolitan Airports Commission Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. For more information, call Lynn Sorenson at 726 -8186. The Commission: • voted to approve a modification of the current straight -out departure procedure for Runways 30L and 30R at Minneapolis -St. Paul International Airport. This change in departures would provide some measure of relief for south Minneapolis residents under the Instrument Landing System approach to Runways 12L and 12R. This recommended modification will be submitted to the FAA and will be subject to traffic and controller workload. • retained the firm of SPS, Inc. to provide for the processing of credit card transactions in the public parking lots and Landside Department for a three - year period. • authorized a revision in the MAC Personnel Policy Guide providing language which allows the sellback of a specific amount of earned vacation time. • received a briefing on several changes within the Metropolitan Aircraft Sound Abatement Council (MASAC). Among the items being considered is a proposal to expand MASAC membership. Metropolitan Parks & Open Space Commission (MP &OSC) Metropolitan Parks & Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, 55101. For more information, call Ellie Porter at 602 -1312. The Commission: • recommended that the Metropolitan Council consider for public hearing the updated Finance section of the Parks Policy Plan with additional text regarding a future capital spending process. • approved a letter supporting the designation of the Mississippi River in the metropolitan area as an American Heritage River. Page 3 November, 1997 • • • Metropolitan Sports Facilities Commission (MSFC) Metropolitan Sports Facilities Commission offices are located at 900 South 5th St., Minneapolis, MN 55415. For more information, call Nancy Matowitz at 335- 3310. The Commission: • took action to contact Representatives Jim Ramstad and Martin Sabo to request a hearing be conducted in Minneapolis to discuss the antitrust law and its impact on communities. • adopted the "Metrodome Finances Without Professional Sports" report. • entered into a parking agreement with the Mall of America. Page 4 November, 1997 DEC -07 -1997 23;39 CITY OF OFH CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, DECEMBER 9, 1997 - 4:30 P.M. 4:30 P.M. WORKSHOP AGENDA 1. alepartment Reports 1. Police Parking Complaint Enclosure 1 Officer Salary Increase Enclosure 2 2. Administration Water and Sewer Rate Study Enclosure 3 City Maps Enclosure 4 3. Public Works II. Engineer's Report 1. 58th Street Improvements Enclosure 5 7:00 P.M. AGENDA I. Call To Order /Approval of Agenda TZ, Visitors 1. Mike Knutson - Valley Access Channels III. Department Reports 1. Parks Hiring of hockey rink attendants St. Croix Valley Hockey Association -Cover Park Usage 2. Cable 3. Water Management Organizations 4. Recycling Award Enclosure 6 • 5. OPH Business Group 6. Bridge Reports P.02/03 • • • DEC -07 -1997 23;39 CITY OF OPH IV. Consent Agenda (Roll Call Vote) Enclosures 7, 7A, 7B, 7C, 7n, 7E, 7F, 7G, 7H, 7I, 7J, 7K, 7L, 7M P.03/03 V. Public Hearings 1 Proposed Commercial Subdivision - Oppidan Investment Company for Oak Park Ponds Shopping Center Enclosure 8, 8A 2. On -Sale, On -Sale Sunday, and Amusement License for Stillwater Bowling Alley, 5882 Omaha Avenue North Enclosure 9 3. Off -Sale, On -Sale, On-Sale Sunday, and Tobacco License for Phil's Tara Hideaway, Inc., 15021 North 60th Street Enclosure 10 VI. Unfinished Business 1. Water and Sewer Rate Study Enclosure 11 2. Menard's Site Lighting Issues Enclosure 12 3. Rainbow /Oppiday Lighting Issues Enclosure 13 VII. IE7ew Business 1. Resolution 97 -12 -41 - Approving the 1998 General Fund Levy Enclosure 14 2. Resolution 97 -12 -42 - Approving the 1998 Budget Enclosure 15 3. 1998 Part -Time Police Officer Salary Increase Enclosure 16 Closed Session: The Council will adjourn to closed session to discuss union negotiations & pending litigation. Adjournment: TOTAL F.03 T H E B I R T H P L A C E O F M I N N E S O T A Stir w ater (AUAR) Feasibility Study D`ecemhe» ,16, 19_97 Bonestroo Rosene Anderlik & Associates Engineers & Architects Bonestroo Rosene Anderlik & Associates Engineers & Architects December 16, 1997 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer Principals: Otto G. Bonestroo, PE. • Joseph C. Anderlik, PE. • Marvin L. Sorvala, P.E. • Richard E. Turner, PE. • Glenn R. Cook, P.E. • Robert G. Schunicht, PE. • Jerry A. Bourdon, P.E. • Robert W. Rosene, PE. and Susan M. Eberlin, C.P.A., Senior Consultants Associate Principals: Howard A. Sanford, PE. • Keith A. Gordon, PE. • Robert R. Pfefferle, P.E. • Richard W Foster, P.E. • David O. Loskota, P.E. • Robert C. Russek, A.I.A. • Mark A. Hanson, P.E. • Michael T. Rautmann, P.E. • Ted K.Field, P.E. • Kenneth P. Anderson, PE. • Mark R. Rolfs, PE. • Sidney P. Williamson, P.E., L.S. • Robert F. Kotsmith Offices: St. Paul, Rochester, Willmar and St. Cloud, MN • Milwaukee, WI Honorable Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, MN 55082 -4898 Re: AUAR Feasibility Study BRAA File No. 51003 Dear Mayor and Council: Transmitted herewith is our Feasibility Study for improvements defined in the Stillwater Alternative Urban Areawide Review (AUAR). The improvements are organized into three phases, as follows: Phase 1- Long Lake Area Phase 2 - Diversion to McKusick Lake Phase 3 - Browns Creek Reconstruction and McKusick Lake Area The report includes general background, options considered, recommended options, and cost estimates. A summary of meetings with the Technical Advisory Committee and affected residents is also presented. Detailed cost estimates and a wetland report are contained in the appendices. We look forward to discussing the results of our study at the December 16 City Council meeting. Respectfully submitted, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Erik G. Peters 2335 West Highway 36 • St. Paul, MN 55113 • 612 - 636-4600 • Fax: 612-636 -1311 1 1 1 1 1 1 1 1 • 1 1 1 1 1 1 1 PROFESSIONAL CERTIFICATION I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota Daniel J. Edgert bn, Date: December 16, 1997 Reg. No. 19206 1 1 1 1 1 1 1 1 1 1 L 1 1 1 1 Table of Contents Transmittal Letter Table of Contents Introduction Summary and Recommendations Technical Advisory Committee Meetings and Recommendations AUAR Stormwater Mitigation Implementation — Phase 1 AUAR Stormwater Mitigation Implementation — Phase 2 AUAR Stormwater Mitigation Implementation — Phase 3 Cost Summary Appendix A — Cost Estimates Appendix B — Wetland Delineation Report 1. 2. 3. 5. 8. 12. 17. 20. 36. Figure 1 - AUAR Mitigation Plan - Proposed Changes Figure 2 - Phase 1 - Long Lake Improvements Figure 3 - Phase 1 - Ditch Improvement Between CSAH 12 and Old Trolley Bridge Figure 4 - Phase 2 - McKusick Lake Division - Option 1 Figure 5 - Phase 2 - McKusick Lake Diversion - Option 2 Figure 6 - Phase 3 - Browns Creek Diversion - Option 1 Figure 7 - Phase 3 - Browns Creek Diversion - Option 2 Figure 8 - Phase 3 - Browns Creek Diversion - Option 3 Figure 9 - Phase 3 - McKusick Lake Dike - Elevation and Section Figure 10 - Phase 3 - McKusick Lake Road Raise Stillwater AUAR Feasibility Study 2 1 1 r 1 1 i 1 1 1 l Introduction The City of Stillwater completed an Alternative Urban Areawide Review (AUAR) in August, 1997. The AUAR evaluated potential environmental impacts from development of the Annexation Area on the west side of the City, and proposed a mitigation plan to avoid, minimize or mitigate for these impacts (see Figure 1). The cornerstone of the mitigation plan is the diversion of stormwater flowing from Long Lake and other portions of the annexation area to McKusick Lake. The McKusick Lake diversion will: • Preserve and enhance the integrity of Browns Creek • Improve water quality and quantity conditions in Long Lake • Allow the City of Stillwater to proceed with development as proposed in the City's Comprehensive Plan. The goal of this feasibility study is to determine the most cost - effective alternatives for accomplishing these goals. The study includes three major water resource components: • Phase 1: Changes to the water control structures and channels downstream from Long Lake • Phase 2: Diversion of runoff from Long Lake and much of the annexation area to McKusick Lake • Phase 3: Reconstruction of Browns Creek and modifications of structures around McKusick Lake. Alternatives for each of these water resource components were developed and evaluated by the Technical Advisory Committee for the feasibility study and City staff. While the components are described and evaluated individually, they are part of a single, integrated solution to issues identified in the AUAR. In addition to the water resources components, the Feasibility Study also included an evaluation of wetland impacts, discussions with the Technical Advisory Committee and natural resource agencies, and discussions with residents near McKusick Lake and Long Lake about the effects of Mitigation Plan implementation on these lakes. The findings of these portions of the study are also included in this report. Stillwater AUAR Feasibility Study 3 ANNEXATION AREAS HWY. 96 1 1 BROWN'S CREE WIN IIMD ADD DIVERSION SIRE V l'RE AND PIPE OPEN 13E:R\1 OPEN \\'IFR` McKUSICK LAKE DOWNTOWN STILLWATER ENLARGE OUTLET AND CH:A \ \E:I. LONG LAKE HWY. 36 CURRENT CITY BOUNDARY r 1 1 '. - - a el. 1, I' It._`1 **PROPOSED CHANGES IN Al'AR MITIGATION PLAN LONG IAKE. -- ENIARGE OUTIE..T AND CHANNEI. AND OPEN WIER. ADD INVERSION STRUCTURE AND PIPE. TO McKUSICK I AKE. OPEN CURRENT IWRM AT NORTH END OF McKUSICK I AKE ANI) ADD NEW DIKE AT NORTH END OF WETLAND. RE.C'ONSTRU(T PART( OF BROWNS ('REEK ANI) IMPROVE HABITAT. AUAR MITIGATION PLAN -- PROPOSED CHANGES STILLWATER. MINNESOTA AUAR MITIGATION K loot\ \I'. \N \Ifl . \I'N 12 -'I) ill,; 1'O \I \I 'I(Mlt FIGI'RE. 1 Bonestroo �■`_� Rosene Anderlik & Associates Engineers & Architects 1 A 1 t L Summary and Recommendations The sections that follow include a summary of the findings of the Feasibility Study and its recommendations. Phase 1: Long Lake Area • Existing culverts under Interlachen Road will be replaced with larger box culverts. The channel between the Jackson WMA wetlands will be widened. The existing weir at CSAH 12 will be modified to increase flows out of Long Lake. • These changes will be made to re- establish the "normal lake level" of 889' on Long Lake. The lake has been artificially high due to sediment deposition and debris blockage in the channel north of the lake. • The new outlet conditions will provide 100 -year flood protection to existing residential homes; maintain stable, desireable lake water levels; enhance water quality; and improve fish and wildlife habitat. • The channel north of CSAH 12 will also be widened to reduce maintenance problems, a pedestrian bridge added to serve a proposed recreational trail, and needed improvements completed to Boutwell Road. The existing trolley bridge will be removed as part of a separate construction project in this area. Total cost of Long Lake Area improvements: $492,648 Phase 2: Diversion to McKusick Lake • A diversion structure will be built on the channel from Long Lake, immediately south of the Minnesota Zephyr railroad track. • A low -flow diversion pipe will be added leading from the area of the diversion structure to south of the railroad tracks near the McKusick Lake wetland. Total cost of diversion structure and pipe: $377,922 (Option 2) Stillwater AUAR Feasibility Study 5 A 1 1 1 Phase 3: Browns Creek Reconstruction and McKusick Lake Area • Three options were evaluated for the reconstruction of Browns Creek near the Oak Glen Golf Course. The Technical Advisory Committee recommended two of these options as feasible. Costs and characteristics of each are included in this report. • Costs in this phase include costs of the pipe from the railroad grade through the golf course to McKusick wetland. • Costs also include opening the existing dike at the south end of the wetland, and constructing a new dike at the north end, near Browns Creek. • Costs also include needed improvements to raise portions of McKusick Road. Total cost of Phase 3 improvements: $2,146,424 (Option 1) $1,670,635 (Option 3) Wetland Evaluation Approximately 62 acres of wetlands were delineated for the Feasibility Study, including wetlands north of McKusick Lake and Long Lake, and wetlands near the proposed diversion structure. The McKusick Wetland and wetlands near the diversion structure were delineated to determine the amount of water that the basins will be able to hold when the diversion strategy is implemented. The wetlands north of Long Lake were delineated to determine the effects of widening the channel in this area to reduce clogs caused by debris and beaver activity. Public Meetings Residents near Long Lake and McKusick Lake expressed a variety of concerns about the implementation of the Mitigation Plan strategies, particularly regarding lake levels and water quality impacts. Their concerns are detailed in one section of this report. Stillwater A UAR Feasibility Study 6 Recommendations The work presented in this report is feasible, relative to design and construction matters. The City Council and Staff will have to review aspects pertaining to timing and financing of the work. The following recommendations are offered for the City's consideration: 1. That this report be adopted as a guide for the proposed improvements in the Annexation Area. 2. That the work be constructed in three phases, as defined in the report, with the specific timing of each phase to be determined by the City. 3. That the City begin investigating financing methods for the improvements, including outside funding (e.g., grants) and cost - sharing with Washington County (for McKusick Road improvements). 4. That the City continue to hold informational meetings to review the proposed improvements with property owners in the Study Area and other interested stakeholders. 5. That further work be performed to determine whether to proceed with Option 1 (channel immediately south of the Minnesota Zephyr railroad tracks) or Option 3 (channel south of the golf course) for the Browns Creek realignment. Stillwater A UAR Feasibility Study 7 r Technical Advisory Committee Meetings and Recommendations A Technical Advisory Committee assisted with development of Feasibility Study. Many of the TAC members also participated in the Advisory Committee for the AUAR. The tasks of the Technical Advisory Committee included: identification of alternatives for diversion and reconstruction of the creek; evaluation of alternatives; recommendation of alternatives; and discussion of funding sources for the implementation of the diversion strategy. The full Technical Advisory Committee met three times. Additional meetings were held with smaller working groups to develop and analyze the alternatives developed for reconstruction of Browns Creek. Members of the Technical Advisory Committee for the Feasibility Study included the following: Jim Almendinger Nancy Brown Ian Chisholm Mark Doneux Annette Drewes Chuck Frederickson Gary Huber Dwight Jelle Jim Larson Klayton Eckles Don Peterson Matt Moore Charles Prokop Marc Puttman Molly Shodeen Greg Stang Sheila -Marie Untiedt Dave Zappetillo Daniel Edgerton Erik Peters Bob Schunicht Sherri Buss Science Museum St. Croix Research St. Stillwater Parks Commission DNR Ecological Services Washington SWCDBrowns Creek WMO DNR Trout Stream Coordinator McKusick Lake Homeowners Association Trout Unlimited Westwood/Pemtom Metro Council Environmental Services City of Stillwater Long Lake Homeowners Association Board of Water and Soil Resources Minnesota Trout Association Charles Cudd Companies DNR Waters Oak Glen Golf Course Stillwater Township DNR Fisheries Bonestroo & Associates Bonestroo & Associates Bonestroo & Associates Facilitator, Bonestroo & Associates Stillwater A UAR Feasibility Study 8 Brief summaries of the Technical Advisory Committee meetings and their recommendations include the following: August 7, 1997 This meeting introduced the Feasibility Study and anticipated steps in the study process. Members agreed that the goal of the study is to improve the quality of Browns Creek, and maintain or improve the quality of other resources affected by the proposed diversion strategy. Members reviewed the proposed work for all three phases of the Feasibility Study and provided suggestions and comments. November 13, 1997 This meeting reviewed design proposals and cost estimates for implementation strategies recommended for Phase I and II of the Feasibility Study, including the Long Lake area and proposed diversion structure in the channel downstream. Members of the Long Lake Homeowners Association and the Technical Advisory Committee recommended that the "normal lake level" of Long Lake be re- established at 889' as the study recommendations are implemented. Members recommended that information from the AUAR and Feasibility Study be presented to the new members of the Browns Creek Watershed District Board, since some recommendations in these studies (such as proposed ponding in Grant Township) require the cooperation of the Watershed District and other local governments. December 4, 1997 The agenda for this meeting focused on design proposals and costs for Phase III of the diversion plan, the reconstruction of Browns Creek and changes in the McKusick Lake area. The Technical Advisory Committee reviewed the three options developed for reconstruction of the creek, and provided suggestions and comments. (Additional meetings had already occurred with some members of the group, particularly DNR and trout interests, to get input as the designs were being developed.) Stillwater AUAR Feasibility Study 9 i i i I i t I 1 i 1 i i 1 i I Members recommended that Option 1 (meandered channel north of the golf course) and Option 3 (meandered channel in the McKusick wetland) be considered feasible for accomplishing the goals of the AUAR. They agreed that Option 3 requires more study to determine the stability of the channel and the costs of construction in difficult wetland soils. Based on discussions at the previous meeting, members recommended that the diversion structure south of the railroad tracks be constructed in the form of Option 2, adjacent to the railroad grade, rather than as the freestanding structure. Members suggested that this design would be less conspicuous in the landscape, and offers better vehicle access for maintenance. Funding Options for Implementation of the Feasibility Study Gary Huber, Trout Unlimited, indicated that he has applied for a Trout Unlimited grant for revegetation of a portion of the creek corridor. Funding available is about $10,000 per year. Gary indicated that these funds are available annually, and the project could seek additional funding in the future as the AUAR recommendations are implemented. Jim Almendinger, Science Museum of Minnesota St. Croix Research Station, has received a $100,000 grant from the Metropolitan Council for detailed water quality monitoring on Browns Creek and Valley Creek. The Browns Creek portion will implement monitoring recommendations from the AUAR. Technical Advisory Committee members recommended that information from the AUAR and feasibility study be presented to the Browns Creek Watershed District Board, so that the Board can consider financial participation in the project, particularly for strategies that go beyond the Annexation Area and its impacts on natural resources. McKusick Lake Residents Meeting December 3, 1997 The City of Stillwater mailed notices of a meeting on the AUAR and its recommendations to over 100 residences in the McKusick Lake area. On December 3, approximately 50 residents participated in a meeting at City Hall. The meeting included Stillwater AUAR Feasibility Study 10 AUAR Stormwater Mitigation Implementation -Phase 1 Phase 1 projects will include improvements to the water through and out of Long Lake and the Jackson Wildlife Management Area wetlands, ditch improvements between CSAH 12 and the Old Trolley Bridge, and replacement culverts to convey flow under Boutwell Road when the aging road is reconstructed. Long Lake Improvements It has been well documented that the current situation for Long Lake leaves many residences vulnerable to flooding. The flooding concerns are the result of two predominant factors. One factor is poor drainage of Long Lake through the Jackson Wildlife Management Area wetland complex. Ditches between the wetlands are narrow and tend to collect debris and experience capacity reduction due to beaver activity. The second factor is an inadequate outlet for the Long Lake /Jackson Wildlife Management Area wetland complex at CSAH 12. The improvement described below will improve the conveyance of water through and out of Long Lake and the Jackson Wildlife Management Area wetlands and increase the flood protection for residents along Long Lake. The AUAR presented two options for Long Lake. The Technical Advisory Committee recommended Option 1 for Long Lake as discussed in the AUAR, setting the outlet elevation for Long Lake at 889'. The watershed model for Long Lake was updated in the Feasibility Study to incorporate information concerning available storage and watershed area obtained with the recent availability of 2' contour topographic information. Based on the updated model, the following improvements will be made to carry out Option 1. The two 30' CMP pipes under Interlachen Road (72nd St.) will be removed and the water channels opened up between Long Lake and the Jackson Wildlife Management Area wetlands (Figure 2). The two CMP culverts under Interlachen Road will be replaced with a 10' x 5' box culvert. The bottom of the culvert will be buried 1 foot to provide a natural bottom substrate. The narrow water channels between the wetlands will be excavated to form a continuous open water wetland corridor and planted with wetland vegetation to enhance the existing wetland complex. In addition, the existing rate control Stillwater AUAR Feasibility Study 12 structure in front of the two existing 30' RCP culverts under CSAH 12 will be removed. The two culverts would be fully operational year round. With these improvements, the estimated 100 -year high water level for the lake will be lowered to 892.9'. The target elevation was 893'. With additional upstream rate control as proposed in the AUAR, the 100 -year high water level will drop further to approximately 892.6'. The critical low floor building elevation was surveyed to be 893.5'. The next lowest building elevation is 894' (Long Lake Study — Phase 2). These residences will need additional individual protection (flood - proofing) as recommended in the Long Lake Study — Phase 2. Ditch Improvements Between CSAH 12 and the Old Trolley Bridge The existing ditch downstream of CSAH 12 was excavated to provide an outlet for Long Lake and the Jackson Wildlife Management Area wetlands. To avoid undermining the footings of the trolley bridge further downstream, the ditch was constructed with a very shallow slope (0.05 %, from Long Lake Study — Phase 2). Because of the shallow grade, the ditch system does pass water well and tends to collect debris. The trolley bridge is now in disrepair, with part of the bridge deck having fallen into the ditch, and will be removed as part of work to occur with construction of the sanitary sewer line. The proposed improvements to the ditch are as follows (see Figure 3). With the removal of the old trolley bridge, the slope of the ditch is proposed to be increased. Additional excavation will occur to reduce the confined area through which the ditch flows. Provisions have been made to allow for a bike /pedestrian path along the ditch within the confined area, requiring a short stretch of retaining wall construction. The disturbed areas will be revegetated, likely with a predominance of native grasses. Boutwell Road Drainage Improvements Portions of Boutwell Road are in poor shape, especially where the road crosses two major drainage corridors. The road periodically floods in these areas due to inadequate conveyance capacity of existing culverts underneath the road. The costs to replace the old CMP culverts when the road is reconstructed are included in this phase; however, the timeline to reconstruct the road is undetermined at this time. One 48" culvert is the likely outlet for Boutwell Road (east), the drainage corridor which includes flow from Long Lake. One 6' x 5' box culvert and 6 -36" culverts will become the likely outlet for Boutwell Road (west). The 6 -36" culverts would only be used during high flow events, Stillwater AUAR Feasibility Study 13 es as am am Oa UM 10B RN 40 ME Ile 0111 MI MI NO WM WO MI MI 0M0'0LM£001S \COOLS \O IS\ 0MO 90MCOO t S \COO I S \O LC \ 001. g '11W00 c.. c.. Aar us .kL1118ISV3J send 831VM11I ±S JO A110 rn am am ira am as MN OS Oil NM OM MN Mt NO WO Ott UM IN HVS3 N33M138 1N3W3AOddWl Ho1KI 0 0 r— co 0 P1 S2J3H10 A8 HlVd 3001218 NVI818303d 'AA 21f10iN00 ,5 'd021d unoiN00 ,1 'd02id •••• x tn 0 0 z 0 21flO1NO0 ,l '1SIX3 -,••••.-•••::::$:::::•0';`)"''''‘ • •• ....... ......... ........... . •••••.% ... . •, • •.• • ..•.• • • •••.. •••• ' .... .44•141—"•'''.7 ..... ..... - • 11V —V NOI133S ,8 -8 NOI133S co co co co co co co oo to o o oo cri o o 00 m 73 7a. X 00 11 "0 —I Z V, 0 0 z 00 00 CO CO (.0 Lo CO 00 (0 (.0 0 0 ••••, 0 Ul 0 o o (11 0 ^ ,•••• • • • • ••••• • ........ • ......... w^• ;414rx—ite CSAH 12 "••• .0 ••• .. ...... ........ . „.-. .... ...... • • • ....... •• ,.•••,.• ..... ......... , • • • , ......... ..... •, • .• i 1 1 1 1 1 1 mimicking floodplain behavior. The box culvert is designed to act as the creek channel. The 6 -36" culverts could be replaced by enlarging the box culvert. However, sediment accumulation in the culvert and a reduction in discharge capacity would likely result from decreased flow velocities and become a maintenance issue for City staff. Stillwater A UAR Feasibility Study 16 AUAR Stormwater Mitigation Implementation -Phase 2 Phase 2 projects will include the construction of part of the low flow diversion pipe to McKusick Lake and the construction of the McKusick Lake Diversion Structure. The site of the proposed diversion to McKusick Lake is upstream of Browns Creek, south of the Minnesota Zephyr railroad tracks. McKusick Lake Low Flow Diversion Pipe The location of the proposed low flow diversion pipe is shown on Figures 4 and 5. With the recent availability of 2' contour topographic information and survey data, the proposed size of the low flow diversion pipe has been reduced from 42" in the AUAR to 36" in this Feasibility Study. No significant operational benefit will be lost by going to a smaller pipe. The low flow diversion pipe will divert storm events up to a 3" rainfall event to McKusick Lake as proposed in the AUAR. During larger storm events, the flow would split between the low flow diversion pipe flowing full under pressure and a secondary outlet to Browns Creek. The 3" storm event being diverted entirely to McKusick Lake was based on upstream rate control in Stillwater, Grant and south of Hwy 36 as proposed in the AUAR; and the outlet elevation of Long Lake at 889'. The size of storm entirely diverted will be smaller without rate control outside the City of Stillwater. Modifications may be made to the diversion structure to increase or decrease the size of storm entirely diverted. However, these will affect both the operation and cost of the proposed system. The low flow diversion pipe constructed under Phase 2 would be extended from the diversion point to a point a couple hundred feet east of Neal Avenue and then plugged (see Figure 6). Further extension of the diversion pipe would be dependent on the option selected to reroute Browns Creek as part of Phase 3. Stillwater AUAR Feasibility Study 17 •;C\...\`(•Ae<o• X 873.7 ... TUdU ..... ..... • ...... ... ...... ............. ....... ......... ...... ..... • ....... ............ • ....... .............. • ...... . .......... ...... ........ ..... ........... ........ / . 1- MINNESOTA ZEPHYR RAILROAD ..... .... .......... . . . ....... '"" ..... ..... ....... • .......... 36"---RCP PIPE DIVERSION 411,1 ID DIS • IPATOR ... .. . ..... RIPRAP ENERGY 1 I I I I I I 1 I I I I 7.111111111WeA erAteirr.fr-f 11‘1WAII4iiimml 1‘111111r „Aal11111=.. %Ir./41W 4 ../.47.4e/RJV Aeldr- PROP. BIKE PEDESTRIAN AND \ PATH • .• CO cO GUARDRAIL 3 BOTTOM CONCRETE BASE FLOW OPENING OVERFLOW 3 nia..--211 OPENING EL. 865.5± 17— DIVERSION PIPE INV. EL. 862.0 +/- 5—STEEL SHEET PILING UPSTREAM ELEVATION NO SCALE PHASE 2 — McKUS1CK LAKE DIVERSION — OPTION 1 SHEET PILE DIVERSION STRUCTURE BROWNS CREEK TRIBUTARY (FLOW FROM LONG LAKE) • N PLAN NO SCALE EL. 874.0 ts) TOP OF BERM EL. 861.Qt_si • 1 0 - 0" 0 co GUARDRAIL r. 00 co EL. 874.0 OVERFLOW WEIR OPENING SLIDE GATE OPERATING STEM EL. 865.5± SECTION NO SCALE CITY OF STILLWATER AUAR FEASIBILITY STUDY \ 510\ 51003\ 51003S12.DWG 12\ 10\ 97 COMM. 51003 FIGURE 4 co co JfJjBonestroo • Rosene 'flAnderlik & Associates Engineers & Architects 1 1 1 1 1 1 1 1 a 1 1 ..... •• • " .. ..1 ....... ...,..-.,7.--- . ......... .... . .......„ .... „. ........ _ .... . , ....................... ., .. .1... I ......... ......... ...... ... ........ , .... . . ...... . . .... _............... .... . ............ ... , ..... , ...... . ..... „. ............ ......... ...., .. ... _,..... ............ _ ..... .., ............. . : MINNESOTA ZEPHYR RAILROAD , ... . _ .... ......„. ..... _ ...... . ..... . .. .... 87921 .. _ ...... „ . _ .. .. .-......-.1. .. .., ...... -- ..... T.-.......7.1-11. .. „.. ........ .. ........ „.„, ...... .. ....... _ .... _ ....... . ..,.,.......... ................. ...._. . • - A • ..... • • ........ • . • • • ...... X 873.7 873.7 GRATED OUTLET/SKIMMER STRUCTURE e EL. 865.5± e EL. 861.0± BASE FLOW OPENING .......... • ... ......... . at • • • ,•• ............ `• • ....... • • ............. ......... . ••.„, .... .. ...... 36" NVERSION PIP ..... - ............... RCP ..... 10'-0" WIDE .... . . ......... -BIT:- .. BIKE-AND-- PEDESTRIAN- ..... EL 874 00 ....... •a4 v2Wa r2r grAfAlf. fir: :err. ttif7111,10Nrril vrirr, Ora. virlirlif Kai), Z'ASS'A rA • AlvA Imre NEW BIT. BIKE AND PEDESTRIAN PATH EL. 874.0 Q5 3 r o 0 r- 0 •:. 0 0 01 \ 12'-0" „e-- EARTH FILL 4'-2" 54" HDPE W/ GRATED OUTLET/ SKIMMER STRUCTUFE BROWNS CREEK TRIBUTARY (FLOW FROM LONG LAKE) EXISTING RAILROAD TRACKS EL. 880.0± s 0.7 EXISTING 6' X 6' BOX CULVERT NEW 54" HDPE PIPE SECTION NO SCALE *./ PHASE 2 — McKUSICK LAKE DIVERSION — OPTION 2 ts▪ , N PLAN NO SCALE 0 _J IL CO (0• CO CO - • ... • - ...... .... ... .. ... N. 0 N. oo co oo CITY OF STILLWATER AUAR FEASIBILITY STUDY 510\ 51003\ 5100.3s1i.DwG 12\ 10\ 97 COMM. 51003 FIGURE 5 Bonestroo Rosene T1Anderlik & Associates Engineers & Architects Option 2 — Earthen Berm/Pipe Structure Alternatively, the diversion structure could consist of a combination earthen berm and outlet pipe. This option was proposed after the owner of the Minnesota Zephyr Railroad indicated a willingness to work with the City. The existing 6' x 7' concrete tunnel will be slip -lined with a new 54" High Density Polyethylene (HDPE) pipe, terminating upstream in a concrete outlet/skimmer box with steel grating. An earthen berm with a 3:1 slope must be added on the upstream side of the existing Minnesota Zephyr Railroad embankment to provide additional stability. A multi -use path is incorporated with the berm to provide access across the stream and as a recreational enhancement to the area. The concrete outlet/skimmer structure would have a small opening at the base to allow passage of a minimum base flow, while allowing larger flows to overtop the perimeter walls. Steel grating would prevent debris and children from entering the outlet box and pipe. Similar to the sheet pile structure, construction of the berm/pipe structure in the soft existing stream bed soils would create some challenges. Constructing an adequate base and allowing for settlement in the design would be necessary for satisfactory long -term performance. Slip- lining the existing concrete box culvert, and filling the annular void space with grout, would avoid disturbing the existing railroad embankment. Again, a 20% contingency has been included in the estimated construction cost for this structure. Stillwater A UAR Feasibility Study 21 AUAR Stormwater Mitigation Implementation -Phase 3 Phase 3 is envisioned to be the last phase to be implemented. The projects included in Phase 3 are the expansion of the McKusick Lake basin, the realignment of Browns Creek to allow for the expansion of McKusick Lake, and the extension of the diversion pipe depending on the alignment of Browns Creek. Three options are proposed for the alignment of Browns Creek. The alignment of Browns Creek will affect the alignment of the extension of the low flow diversion pipe and the length and location of dike construction to contain an expanded McKusick Lake. The construction of the new channel will occur immediately prior to dike construction and the diversion of Browns Creek to provide the best working conditions for the contractor(s). The channel configurations have been designed with a bankfull channel and a floodplain based on known principles of river morphology and data gathered from the upstream channel during site visits. Options 1 and 3 were the options recommended by the Technical Advisory Committee. Browns Creek Diversion — Option 1 This option calls for the construction of a new channel for Browns Creek between the railroad line of the Minnesota Zephyr and the 9 hole golf course of Oak Glen Country Club (see Figure 6). Option 1 is the most expensive option. The stream design sinuosity is 1.2, which is generally low for the design stream type (type C, based on the Rosgen classification scheme). However, because the stream gradient would be fairly high (0.31 %), the sinuosity was selected to reduce impacts to the golf course. It may be possible to design a different stream type (Type B) which would have an even smaller sinuosity; however, not enough design information is available at this time. This possibility would be evaluated further during final design if Option 1 was selected as the design choice. Stillwater A UAR Feasibility Study 22 1 1 1 1 1 1 1 • 1 1 1 1 1 1 1 1 1 1 1 BRIDGE AND PEDESTRIAN PATH .•-•• . '852 ..." . :\852 . r ....... ..... • \--100' VVIDE SPILLWAY ,..:,--- --- - ELEV. = 854.5 DIKE WITH 10.0' TOP WIDTH AND 4:1 SIDE SLOPES HOLE PAR YARDS 1 3 153 2 3 160 3 3 232 4 3 200 5 3 166 6 3 106 7 3 150 8 3 182 9 3 124 TOTAL 27 1,473 • .• • NOTES: —HOLES 1, 5, AND 9 ARE NOT CHANGED.. \..c—HGARNEGENEDS. FOR HOLES 6 AND 4 ARE NOT irmarallir •41 I Viiiki% IV 1 1 mr-1 PHASE 3 - BROWNS CREEK DIVERSION - OPTION 1 LEGEND: EXISTING GOLF HOLE ........... PROPOSED GOLF HOLE PROP. 2' CONTOUR PROP. 10' CONTOUR EXIST. 2' CONTOUR EXIST. 10' CONTOUR PROP. BIKE AND PEDESTRIAN PATH CENTER LINE OF PROPOSED DIKE CD 0 100 200 Scale in feet CITY OF STILLWATER AUAR FEASIBILITY STUDY \ 510\ 51003\ 51003W04.DWG 12\ 10\ 97 COMM. 51003 JJM FIGURE 6 ,11MSM1261=trailet Bonestroo • Rosene liAnderlik & Associates Engineers & Architects The benefits of Option 1 are the following: The constructed stream course has the potential to support trout, but not enough is known about the proposed stream course to state with high confidence what the stream may produce. This stream corridor would have a steeper gradient than the Option 3 stream course (0.31 % versus 0.25 %). It would be dug through mineral soils, and bank sediments could support vegetation for shading, possibly allowing for a lower stream temperature compared to an open stream. The new stream meander may intercept groundwater and benefit from spring inputs. The bottom substrate may have a silt -sand parent material. The golf course would benefit due to the reduction in water hazards resulting in improved play and ultimately increased revenue. The golf course would like to see some of the excavated material used to fill in some of their ponds and improve drainage on the course. The drawbacks to Option 1 are as follows: The constructed stream course would be fit into a relatively narrow corridor between adjacent private property owners. The floodprone area would be approximately 1/3 the size of the existing upstream creek. It is likely that the golf course will experience flooding from time to time along the proposed corridor. The extent and frequency has not been estimated at this time. However, it will likely be similar to what the golf course currently experiences. The golf course layout would be significantly impacted. Three tee boxes would need to be relocated to make room for the stream corridor. Because of space and safety constraints, six of the nine holes would then have to be modified. Reconstructing the golf course and providing time for turf establishment would likely shut the course down for two seasons. The cost of reconstructing the golf course, reimbursing the golf course for lost revenue, and easement acquisition from two private landowners make this option the most expensive. Replacing the sinuous channel with a straight ditch (not a recommended practice) would have a similar impact on the course because 3 tee boxes would still need to be relocated. After a stream channel is constructed and before vegetation has fully established along the stream corridor, the channel banks would be the most vulnerable to erosion. In addition, while the design is believed to be a close approximation of what the stream channel would likely create for itself, the channel will likely be modified somewhat by Browns Creek after construction. Given the narrow corridor and low tolerance for a shifting channel, this will be a concern. It is difficult to say when the watershed hydrology would stabilize and, unless it is stable, stream meanders would continue to adjust as well. Stillwater A UAR Feasibility Study 24 The likely stream substrate and local parent material is unknown at this time. In some areas, 10' of material will need to be excavated to reach the bottom of the channel. A channel bottom composed of soft silt deposits (with some sand), similar to what is found immediately upstream, would not be conducive to high quality (trout quality) aquatic invertebrate communities. The channel bottom substrate is a combination of the parent material of the channel and contributions from upstream bedload. Even if gravel and sands were brought in to form the channel bottom, the channel bottom will eventually take the form of the upstream bedload supply unless the upstream watershed will continue to supply similar bed material. Runoff from the golf course containing pesticides, herbicides and nutrients could have adverse impacts on the aquatic invertebrates of the stream substrate, reducing trout habitat quality. Portions of the stream may only have a 25' buffer with the golf course due to the confines of the site. The stream in Option 1 has the potential to support trout but there are a number of unknowns such as substrate composition, golf course management practices, and water temperatures that could limit trout habitat suitability. The expanded McKusick Lake basin would be predominantly confined by existing topography with Options 1 and 2. A 350' dike with a spillway (secondary outlet of McKusick Lake) would need to be constructed just south of the golf course and hole #1. The diversion pipe would be extended east from Neal Avenue and south along the old Browns Creek channel to outlet into the old Browns Creek channel south of the golf course. Browns Creek Diversion — Option 2 This option calls for passing Browns Creek flow in a open channel/culvert combination between the railroad line of the Minnesota Zephyr and the 9 hole golf course of Oak Glen Country Club (see Figure 7). This option was evaluated for the tradeoff in increased pipe cost versus reduced golf course disturbance. The culvert is designed to contain a foot of sediment along its bottom. Option 2 is cheaper than Option 1 but more expensive than Option 3. The benefit of Option 2 is reduced impact to the golf course. The tee box for hole #6 would be relocated by shortening the fairway. The tee boxes for holes #7 and #8 would be restored after construction of the box culvert. Because of the reduced golf course impacts, the golf course would remain operational. The cost to reimburse for lost revenue would likely not be incurred. Stillwater AUAR Feasibility Study 25 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BRIDGE AND PEDESTRIAN PATH aeo .... .... • PHASE 3 - BROWNS CREEK DIVERSION - OPTION 2 '7'852 \100' WIDE SPILLWAY AT ELEV. = 854.5 - , DIKE WITH 10.0' TOP WIDTH AND 4:1 SIDE SLOPES LEGEND: EXISTING GOLF HOLE PROPOSED GOLF HOLE PROP. 2' CONTOUR PROP. 10' CONTOUR EXIST. 2' CONTOUR EXIST. 10' CONTOUR PROP. BIKE AND PEDESTRIAN PATH CENTER LINE OF PROPOSED DIKE 0 100 200 Scale in feet CITY OF STILLWATER AUAR FEASIBILITY STUDY 510\ 51003\ 51003W08.DWG 12\ 10\ 97 COMM. 51003 JJM FIGURE 7 .. • Bonestroo Rosene • Anderlik & Associates Engineers & Architects The drawbacks of Option 2 are the following. The long culvert may potentially become a fish barrier due to the lack of light and funneling of flow during high flow events through a constricted culvert. The culvert has a limited capacity and is designed to carry flow modeled to occur during a 100 -year storm event. Flow events of a greater magnitude would not be fully contained within the culvert, but would partially flow over the golf course. Safety will also be an issue due to the length of the culvert and its limited access. The potential exists for people to be caught in the current and washed down the culvert. Finally, the review agencies involved with permitting and as sources of funding do not view this option favorably. Browns Creek Diversion — Option 3 This option calls for the construction of a new channel for Browns Creek south of Options 1 and 2. The channel would be constructed along the south end of the golf course between the golf course and a dike to contain an expanded McKusick Lake (see Figure 8). The length of dike required to contain McKusick Lake and separate McKusick Lake from Browns Creek will be much greater than that required for Options 1 and 2. Option 3, despite the cost of the large dike and its construction difficulties, is the cheapest option. The channel would be excavated in the winter utilizing construction pads to reduce construction difficulties. Snow would be cleared off the proposed alignment with equipment prior to construction to drive frost into the ground and improve the working area. Care would be taken to minimize site disturbance during construction. The channel is designed to mimic naturally occurring stream patterns. The channel design is type C with a stream sinuosity of 1.4 and a stream gradient of 0.25 %. It is likely that the channel will evolve to a type E channel over time with a narrower channel width, deeper average channel depth and greater sinuosity. The channel will be excavated through various wetland communities (identified as #2, 4 and 5 in the AUAR). Stillwater AUAR Feasibility Study 27 100' WIDE SPILLWAY AT ELEV. = 854.5 856-- .. : ... DIVERSION PIPE CONNECT PROP. TRAIL TO EXISTING TRAIL ALONG DIKE • PHASE 3 - BROWNS CREEK DIVERSION - OPTION 3 DIKE '1:0 HAVE 4:1 SIDE SLOPES AND 10.0' TOP WIDTH PROPOSED BIKE AND PEDESTRAN PATH LEGEND: EXISTING GOLF HOLE PROP. 2' CONTOUR PROP. 10' CONTOUR EXIST. 2' CONTOUR EXIST. 10' CONTOUR PROP. BIKE AND PEDESTRIAN PATH CENTER LINE OF PROPOSED DIKE 0 100 200 Scots in feet CITY OF STILLWATER AUAR FEASIBILITY STUDY \ 510\ 51003\ 51003W07.DWG 12\ 10\ 97 COMM. 51003 JJM FIGURE 8 ............ Bonestroo Rosene MEM TiAnderlik & Associates Engineers & Architects The benefits of Option 3 are the following. The constructed stream course would have a large floodplain and room to adjust and stabilize its channel morphology. The existing wetland would become the floodplain of the constructed channel with existing vegetation to help stabilize and shade the channel banks. Option 3 will provide Browns Creek with a larger buffer area between the golf course and the creek (50' minimum). This option would probably improve wildlife habitat features compared to not building a stream course. The proposed dike reduces the shallow flooded areas that would be part of McKusick Lake. Because fluctuating water levels could promote nutrient release in the wetland area and increase nutrient loading to McKusick Lake, the dike cutting off some wetland area may reduce nutrient loading to McKusick Lake. The new stream meander would likely intercept groundwater and may benefit from spring inputs. Because this option avoids the golf course and associated impacts, the cost of this option is much cheaper than Option 1. There are some potential drawbacks to Option 3. The stream would be cut through mostly organic material (sapric and fibric peat). A sand and gravel bedload probably would not contribute to the bottom substrate. The stream may not have the invertebrate food base nor the cool water temperatures to hold trout, but it would not block trout from migrating up and back to other stream reaches. The dike construction over existing wetland would require wetland mitigation, adding to the cost of the project. The extension of the diversion pipe would follow a different route than the route in Options 1 and 2. To avoid constructing a shallow pipe in close proximity to Browns Creek and avoid impacts to the golf course, the diversion pipe would be constructed along the western edge of the golf course prior to discharging into the old channel of Browns Creek once past the proposed dike. Future McKusick Lake Dike The construction of the earthen dike separating McKusick Lake from the new stream alignment requires building on extremely poor soils. Placing even a few feet of additional fill on the saturated wetland soils will cause considerable consolidation and settling. To provide a working platform for construction equipment and a permanent base for the dike, a layer of hardwood chip mulch will be placed directly on the existing soils (see Figure 9). This layer, possibly as thick as the height of the proposed dike, will be allowed to slowly compress the wet soils and provide a stable base while adding only Stillwater A UAR Feasibility Study 29 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 120' 10' 1c0' 10' ARMORED CREST TOP EL. 854.50 TOP OF DIKE EL. 856.00 4 SPILLWAY 0 10 20 Scale in feet 10' TOP WIDTH STEEL SHEET PILING COMPACTED DIKE FILL GEOTEXTILE FABRIC 4 -1- -i- t -t t t + + + + + + + + + + -4- + + + + + + + , -i- (HASE 3 — McKUSICK LAKE DIKE IN OF STILLWATER ITY OF STILLWATER ItUAR FEASIBILITY STUDY \510 \51003 \51003 \51003S13.DWG -- + SECTION - DIKE 0 5 10 Scale in feet WOOD CHIP MULCH + + + + + + + + + + + + + 12 \10 \97 COMM. 51003 FIGURE 9 Bonestroo Rosen Anderlik & Associates Engineers & Architects half the weight of an equivalent volume of fill soil. The idea is to avoid creating shear stresses in the soil which could lead to lateral "mud waves" or shear failure during construction. This method has been used successfully to create dikes. A geotextile fabric would be placed over the top of the wood chip layer prior to placement of soil fill. The embankment fill will then be placed in thin lifts on top of the wood chip layer. The type, quality, and source of the wood chips are highly variable, as is the cost. For the purposes of this report, a fairly conservative estimated unit cost was used. The wood chip mulch component comprises the majority of the estimated construction cost. Settlement is anticipated to occur over a period of 8 years after the dike is constructed. The dike may settle two feet after construction in areas built over deep organic material. To compensate for post - construction settlement, the dike would likely be overbuilt along most of the length of the dike. To minimize settlement at the spillway it will be located near the golf course where the depth of organic material is much smaller (approximately 5 feet in depth). Most of the organic material would be excavated and fill brought in to compensate for settlement. The spillway of the dike may still settle several inches and will need to be maintained by the City. Material costs are included for a paved trail to run along the length of the dike and turn south connect a trail along the existing dike. The trail along the dike should not be paved until the dike has settled. The alignment of the trail between the proposed and existing dike is unknown at this time. McKusick Lake McKusick Lake is a classic wetland/lake system that is dominated by shallow water (average depth of 4 feet with water levels around 852') with one deep hole of about 12 - 15 feet deep (from Environmental Study of McKusick Lake by Lake Management Inc., 1975). Lakes like McKusick have good wildlife values but do not generally support much of a recreational fishery without winter aeration. In a fertile setting, shallow lakes like McKusick can go through alternative stable states, meaning they can be algae dominated and then macrophyte (aquatic plant) dominated depending on a variety of factors. McKusick Lake is a fertile basin and probably will always have abundant plant growth. Management approaches typically are to encourage macrophytes rather than open water algae, and then manage excessive or nuisance weed growth for recreational purposes. Stillwater A UAR Feasibility Study 31 Water levels going back to 1911 (MnDNR) show the water level has been historically around 851.8 with a standard deviation of 0.6'. The original dike was constructed in 1958 and repaired in 1981. The construction of the current outlet discharging water under Owen St. (Hwy. 5) and down to the St. Croix River through the town of Stillwater was also constructed in 1981 with an outlet elevation of 852.3'. The MnDNR ordinary high water level for McKusick Lake is 852.2' (Washington County Datum). It is believed that some time in the mid 1990s, the outlet elevation was raised to 853.4' by inserting some stoplogs within the outlet structure. This change was not noted within City records and was only recently discovered as part of work done on the Long Lake Study — Phase 2 Report. A few homeowners have complained of erosion of their property which could be attributed to the increase in the outlet elevation. The increase in the operating outlet elevation has resulted in the City being in violation of their operating permit for McKusick Lake. The AUAR proposed to increase the watershed of McKusick Lake to approximately 4 times its present watershed with the low flow diversion of stormwater to McKusick Lake. With the increased runoff to the lake and the extended time the lake would be receiving runoff due to upstream flow being slowly metered out through ponds and lakes, the water level would operate 0.5 to 1 foot above the outlet elevation for most summers. In effect, the lake probably would not completely drain before the next storm event. The outlet elevation of McKusick Lake was proposed to be lowered to 851' in the AUAR with an average operating water surface of 851.5' to 852'. It was reasoned that changes in the outlet elevation for the lake would not be significant once the diversion was in place. However, because of the lake has been operating at 853.4' for several years now, lowering the lake outlet to 851' is no longer the recommendation. To bring the City back into compliance with its operating permit for McKusick Lake and implement the AUAR, the outlet elevation of McKusick Lake is proposed to be lowered to 852'. The operating water surface will be above 852.5 for most of the summer months with an outlet elevation of 852'; however, this compromise is acceptable to the MnDNR. To make up for the lost storage capacity in McKusick Lake due to raising the outlet elevation to 852', the secondary outlet of McKusick Lake (spillway to Browns Creek) is proposed to be raised 0.5' from the AUAR proposed level to 854.5'. The estimated high water levels of the lake for various storm events under the proposed system are presented in the table below. Stillwater AUAR Feasibility Study 32 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Proposed McKusick Lake (primary outlet @ 852', secondary spillway @ 854.5') Storm Event Rainfall in 24' Period High Water Level (HWL) 3yr 3" 853.3' 5yr 3.5" 854.5' 100 -yr 5.9" 854.8' Note: Elevations assume NWL of Long Lake at 889' and upstream rate control in Grant and south of Hwy. 36, as proposed in the AUAR, and a base flow of 2 cfs allowed to pass to Browns Creek at the diversion location. The existing 100 -year HWL of McKusick Lake is above the elevation of the existing dike (855'), and the lowest building elevation along the south shoreline was surveyed to be 859.2' (Long Lake Study — Phase 2 by S.E.H., 1997). The stormwater conveyance system carrying flow from McKusick Lake through town is undersized in some areas. Locations to be improved and their estimated cost are identified in the Long Lake Study — Phase 2. It appears that the replacement line proposed in the Long Lake Study may have excess capacity. Designing excess capacity in the lines to be replaced would give the City future operational flexibility for McKusick Lake. The additional cost to provide the additional flexibility at this time would be small. Changing the primary outlet of McKusick Lake to increase the discharge is not a proposed option at this time. However, it would be a potential improvement that the Browns Creek Watershed District may be interested in implementing after further analysis. McKusick Lake Road (CR 64) McKusick Lake Road (CR 64) would need to be raised to contain McKusick Lake for all design options. Approximately 935' of roadway will need to be raised to contain the expanded McKusick Lake basin. The existing low point of the road has a centerline elevation of approximately 853.7'. A hydrologic model was developed in the AUAR for McKusick Lake and Browns Creek and refined as part of this study for existing and proposed conditions. Under existing conditions, the 100 -year water surface profile of Browns Creek will flood the low point of the road under one foot of water. Stillwater AUAR Feasibility Study 33 The Federal Emergency Management Agency (NEMA) estimated the flood profile of Browns Creek for Washington County in 1981. The 100 -year flood elevation of Browns Creek was estimated at that time to be 857' using less refined modeling techniques. The road is also vulnerable to frequent flooding from the adjacent pond east of the road at the low point. The culvert which drains the pond (36" RCP) is at least partially submerged, being approximately 2' below the adjacent wetland. This condition leaves the pipe susceptible to becoming completely blocked by ice or debris. The 100 -year high water elevation of the expanded McKusick Lake and the water level adjacent to CR 64 will be 845.8' as discussed above. This elevation will not be affected by whether upstream rate control occurs in Grant or south of Hwy 36 because the large secondary spillway will act to moderate high water levels in McKusick Lake. After discussions with City Staff, the centerline elevation of the road is proposed to be elevated to 855.1' (see Figure 10). The existing low point of the road was built over organic material that was partially excavated and replaced with light fill. The foundation of the old road should be able to support the additional fill with minimal settlement based on soil borings taken along the embankment of the road. The outlet of the pond will also be improved. This will not provide the road with much freeboard protection for the 100 - year event; however, it will be an improvement over the existing situation. Washington County will likely seek further improvements; however, it is anticipated that the costs of these further improvements will be borne entirely by the County. Stillwater AUAR Feasibility Study 34 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 cs 0, c.? r. ....... ------ - ------------------------------- --------- r • C ' trl r s f ..... 1 r" ... -------- ---- --- .....— " - +ob _788+00 _ 789+00 790+00 791+00 —_4_--_ 792100....... ....... - ...................... - ........................................................................................................ - ....... „-„.....i .................... - ................ ...... ................................. :17- ................................................. - ....... .......... .:-.:-. . ........ ....... ob6, ............... ----------- ----- a, Oak Glen 1§D untry Club .."\ . . / REPLACE EXISTING CULVERT 900 890 880 ................... McKUSICK ROAD [C R 64] 3:00.....„„_,,„ ................................. --/ .-- 794+00 795+00 796+M ...... ..................................................................................................................... 7.=.7:-'7.7,----------;-=---.7: ................................................ - ............................................ -. -.,.. . :. 0 50 100 125iWW:ITn!) Scale in feet ...... .. OW LOW POINT ELEV :855.i POINT: STA = 784+05.56 rv1 .STA +84+O Pvi ELEV 855.00 4 aso K= 411.11 HIGH POINT = 856.57' H101.1: POINT: STA 788+17.50 PVI EIEV = 856 67 A.D. = -0.8 = 125.00 870 860 00.00 ` VC co uj To eh. c_5 co *- OD -- cf, c." cy, 850 \510 \51003 \510 ca -in co > is) LOW POINT ELEV =855.11 LOW POINT STA = 792+29.44 PVI STA = 7424:35 PVI 100.00!. vc n: to co Cri co -co tli co 0.40% ELEV - 855 00 A.D. = 0.90 K = 111:11 tO N *a- I 100.00' VC -op c5 tc; LL.1 CO co; UT CO Lel ea. ID co > 900 890 880 870 860 -0.40% 840 830 -4 850 840 830 co co co CO co 11,3 6`I Ul in 0 co 41 °a- - 05 a- • - - 05 * • co 2 co Lc) co c0 co co 8 co co▪ o co co 0 ca co 4 • 03'2 . 11* co'n cou9 coco 'n't ol - Lo '0 '0 icon co 2 ul c° co CO 05 —0) 2.6 a32 co co +00 782+00 783+00 PHASE 3 — McKUSICK 784+00 785+00 LAKE ROAD RAISE 786+00 787+00 788+00 789+00 790+00 791+00 792+00 793+00 794+00 CITY OF STILLWATER AUAR FEASIBILITY STUDY \ 510\ 51003\ 51003CO2.DWG 12\ 10\97 COMM. 51003 JJM FIGURE 10 795+00 Bonestroo Rosene ilAnderlik & Associates Engineers & Architects Cost Summary One of the objectives of this study was to determine the cost of implementing the proposed stormwater mitigation measures outlined in the AUAR. Detailed cost estimates to implement the mitigation measures are presented in Appendix A. The total cost for each project includes construction, engineering, administration, legal, contingency, easement and land acquisition costs. Cost estimates presented in this report are based on 1997 construction costs and can be related to the December, 1997 ENR Construction Cost Index of 5858. Future changes in this index are expected to fairly accurately reflect cost changes in the proposed projects. Stillwater AUAR Feasibility Study 36 Phase 1 Cost Estimate Item Long Lake Improvements Ditch Improvements South of CSAH 12 Boutwell Road 7 =rainage Improvements TOTAL Phase 2 Cost Estimate Diversion Pipe Diversion Structure (option 1) Diversion Structure (option 2) TOTAL Phase 3 Cost Estimate Total Estimated Cost $1 92,438 $184,023 $116,188 $492,648 Option 1 Browns Creek Diversion Golf Course Restoration Extension of Diversion Pipe Dike Construction Spillway Construction Elevation of McKusick Lake Road (CR 64) TOTAL $166,899 $259,430 $211,023 $377,922 (Option 2) $596,802 $873,206 $147,526 $249,126 $84,017 $195,748 $2,146,424 (Option 1) Note: Golf course management believes the construction cost of the golf course will be higher by $150,000 to $250,000. Option 2 Browns Creek Diversion Extension of Diversion Pipe Dike Construction Spillway Construction Elevation of McKusick Lake Road (CR 64) TOTAL Option 3 Browns Creek Diversion Extension of Diversion Pipe Dike Construction Spillway Construction Wetland Mitigation Elevation of McKusick Lake Road (CR 64) TOTAL $1,245,620 $147,526 $249,126 $84,017 $195,748 $1,922,036 (Option 2) $167,389 $211,176 $801,431 $84,017 $210,875 $195,748 $1,670,635 (Option 3) Stillwater AUAR Feasibility Study 37 Stillwater AUAR Feasibility Study - Phase 1 No. Item Unit Quantity Unit price ($) A. Long Lake Improvements 1 Mobilization 2 Silt fence 3 Temporary traffic control 4 Remove existing bituminous 5 Remove existing CMP culvert 6 Geotextile erosion blanket 7 10' x 5' RC box culvert 8 10' x 5' RC box culvert end sections 9 Riprap, class 3 10 Restore bituminous surfacing 11 Pond excavation and shaping wloffsite disposal 12 Provide, maintain, and remove haul road 13 Wetland plants and sedge rootstock 14 Wetland plants and sedge seeding 15 Wet meadow seeding 16 Upland seeding 17 Church parking lot restoration 18 Sodd, type lawn 19 Restoration seeding with mulch anchored in place 20 Remove portion of existing outlet under CSAH 12 SUBTOTAL EASEMENT ACQUISITION 10% CONTINGENCIES 25% ENG.,LEGAL & ADMIN. TOTAL ESTIMATED COST LS LF LS SY LF SY LF EA CY TN CY LS EA AC AC AC LS SY AC LS 1 200 1 130 80 200 80 2 60 50 5,500 1 550 1 1 0 1 278 1 1 2,500 3 2,000 2 5 6 475 8,000 40 40 6 2,500 2.5 4,000 4,000 3,500 9,500 2.5 2,000 5,000 Total ($) 2,500 600 2,000 260 400 1,200 38,000 16,000 2,400 2,000 33,000 2,500 1,375 3,200 4,400 1,050 9,500 694 1,148 5,000 $ 127,227 $ 17,500 $ 12,723 $ 34,988 $ 192,438 No. Item Unit Quantity Unit price ($) Total ($) B. Ditch Improvement Between CSAH 12 & Old Trolley Bridge 1 Mobilization 2 Clearing and grubbing 3 Excavation and grading w /offsite disposal 4 Modular block retaining wall 5 Seeding with mulch anchored in place 6 Furnish and install willow /dogwood stakes 7 Furnish and install shrubs 8 Furnish and install trees 9 Remove deteriorated trolley bridge 10 Trail (pavement and base) 11 Prefabricated pedestrian bridge (45' span) SUBTOTAL 10% CONTINGENCIES 25% ENG.,LEGAL & ADMIN. TOTAL ESTIMATED COST Stillwater AUAR Feasibility Study LS LS CY SF AC EA EA EA LS LS LS 1 2,600 2,600 1 2,000 2,000 8810 6 52,860 935 15 14,025 2.5 2,000 5,000 1000 8 8,000 100 45 4,500 5 170 850 $ est. in sanitary sewer feasibility study $ est. in sanitary sewer feasibility study 1 44,000 44,000 $ 133,835 $ 13,384 $ 36,805 $ 184,023 Phase I A -1 No. Item Unit Quantity Unit price ($) Total ($) C1. Replace Culvert Under Boutwell Road (east) 1 48" RCP, class 3 2 Riprap, class 3 C2. Replace Culverts Under Boutwell Road (west) 1 6' x 5' RC box culvert 2 6' x 5' RC box culvert end section 3 36" RCP, class 3 4 36" RCP flared end section w/ trash guard 5 Riprap, class 4 SUBTOTAL 10% CONTINGENCIES 25% ENG.,LEGAL & ADMIN. TOTAL ESTIMATED COST Total Phase 1 Estimated Cost Stillwater AUAR Feasibility Study LF CY LF EA LF EA CY 60 95 5,700 40 60 2 360 12 80 40 400 6,000 40 1,900 50 1,600 24,000 12,000 14,400 22,800 4,000 $ 84,500 $ 8,450 $ 23,238 $ 116,188 $ 492,648 Phase I A -2 Stillwater AUAR Feasibility Study - Phase 2 No. Item Unit Quantity Unit price Total ($) ($) A. Diversion Pipe 1 Mobilization LS 1 2,100 2,100 2 36" RCP, class 3, 0' -12' depth LF 675 60 40,500 3 48" on 36" tee manhole EA 1 2,100 2,100 4 36" LR bends, class 3 EA 12 550 6,600 5 4' dia. manhole depth greater than 8' LF 5 110 550 6 Jacking under Neal Rd. (36 -inch RCP) LF 125 410 51,250 7 Improved pipe bedding per 6" depth LF 675 2 1,350 8 Seeding with mulch, anchored in place AC 1.1 2,000 2,204 SUBTOTAL $ 106,654 EASEMENT ACQUISITION $ 20,250 10% CONTINGENCIES $ 10,665 25% ENG.,LEGAL & ADMIN. $ 29,330 TOTAL ESTIMATED COST $ 166,899 No. Item Unit Quantity Unit price Total ($) ($) B1. Diversion Structure (Option 1: sheet pile) 1 Mobilization LS 1 3,500 3,500 2 Sheet piling SF 2,500 15 37,500 3 Concrete CY 81 500 40,481 4 Railing LF 166 40 6,640 5 Slide gate installed LS 1 3,500 3,500 6 Excavation CY 77 8 615 7 Backfill (assumes on site material) LS 1 2,000 2,000 8 Embankment construction CY 5,300 8 42,400 9 Diversion inlet box (skimmer) LS 1 8,000 8,000 10 Wetland mitigation (0.2 acres) LS 1.0 16,500 16,500 11 Riprap, class 4 CY 67 50 3,350 12 Multi -use trail, 2" bituminous pavement TN 100 40 3,984 13 Multi -use trail, 6" aggregate base, class 5 TN 299 15 4,483 SUBTOTAL $ 172,953 20% CONTINGENCIES $ 34,591 25% ENG.,LEGAL & ADMIN. $ 51,886 TOTAL ESTIMATED COST $ 259,430 Stillwater AUAR Feasibility Study Phase II A -3] No. Item Unit Quantity Unit price ($) Total ($) B2. Diversion Structure (Option 2: embankment along RR) 1 Mobilization 2 Embankment construction 3 Wood chip base 4 Multi -use trail, 2" bituminous pavement 5 Multi -use trail, 6" aggregate base, class 5 6 54" HDPE 7 Grout ends of existing culvert and 54" and fill w /sand 8 Wetland mitigation (0.2 acres) 9 Turf Establishment w/ erosion mat 10 Outlet box (skimmer and flow diversion) SUBTOTAL EASEMENT ACQUISITION 10% CONTINGENCIES 25% ENG.,LEGAL & ADMIN. TOTAL ESTIMATED COST Total Phase 2 Estimated Cost (Option 2) LS CY CY TN TN LF LS LS LS LS 1 3,000 9,111 8 667 20 110 40 330 15 90 110 1 2,500 1.0 16,500 1 5,000 1 15,000 3,000 72,888 13,333 4,400 4,950 9,900 2,500 16,500 5,000 15,000 $ 147,471 $ 8,250 $ 14,747 $ 40,555 $ 211,023 $ 377,922 Stillwater AUAR Feasibility Study Phase 11 A-41 Stillwater AUAR Feasibility Study - Phase 3 (Option 1) No. Item Unit Quantity Unit price Total ($) ($) Al. Browns Creek Channel Diversion (Option 1) 1 Mobilization LS 1 5,700 5,700 2 Clearing and grubbing LS 1 5,000 4,000 3 Channel excavation w /onsite disposal CY 33,000 2.5 82,500 4 Furnish native gravel CY 677 40 27,093 5 Furnish native field stone CY 284 85 24,178 6 Construct rock vein EA 30 500 15,000 7 Furnish and install willow /dogwood stakes EA 8,800 4 35,200 8 Furnish and install black willow sprigs EA 20 2 40 9 Furnish and install plant stock Dogwood shrubs (Cornaceae sp.) EA 500 40 20,000 Silver Maple (Acre saccharinum L.) EA 5 100 500 Green Ash (Fraxinus pennsylvanica Marsh.) EA 5 100 500 10 Seeding with mulch, anchored in place AC 5 2,000 10,000 11 Multi -use trail, 2" bituminous pavement TN 257 40 10,267 12 Multi -use trail, 6" aggregate base, class 5 TN 770 15 11,550 13 Prefabricated pedestrian bridge (50' span) LS 1 47,500 47,500 14 Silt fence LF 1,000 2 2,000 SUBTOTAL $ 296,027 EASEMENT ACQUISITION $ 135,000 20% CONTINGENCIES. $ 59,205 30% ENG.,LEGAL & ADMIN. $ 106,570 TOTAL ESTIMATED COST $ 596,802 No. Item Unit Quantity Unit price Total B1. Golf Course Restoration Associated with Browns Creek Channel Diversion (Option 1) 1 Mobilization LS 1 4,900 4,900 2 Grading w /material from channel excavation CY 33,000 2.5 82,500 3 Irrigation (LF of fairway) LF 2,600 20 52,000 4 Bunkers TN 845 17 14,365 5 Greens SF 20,103 3 60,309 6 Fairways AC 6 2,000 11,600 7 Transplant trees (1" - 4" caliper) EA 35 130 4,550 8 Transplant trees (4" - 10" caliper) EA 50 170 8,500 9 Green Removal EA 4 1,680 6,720 10 Bunker Removal EA 6 560 3,360 SUBTOTAL $ 248,804 LOST REVENUE REIMBURSEMENT (est. by golf course) $ 500,000 20% CONTINGENCIES. $ 49,761 25% ENG.,LEGAL & ADMIN. $ 74,641 TOTAL ESTIMATED COST $ 873,206 Stillwater AUAR Feasibility Study Phase III (option 1) A -5 No. Item Unit Quantity Unit price Total ($) ($) C1. Extension of Diversion Pipe to McKusick Lake (Option 1 & 2) 1 Mobilization LS 1 1,700 1,700 2 36" RCP, class 2, 0' -8' depth LF 290 55 15,950 3 36" x 42" increaser EA 1 1,000 1,000 4 42" LR bends EA 11 625 6,875 5 48" on 42" tee manhole EA 1 2,300 2,300 6 42" RCP, class 2, 0' -8' depth LF 760 65 49,400 7 Improved pipe bedding per 6" depth LF 1,050 2 2,100 8 Riprap, class 3 CY 40 40 1,600 9 Golf course restoration (turf and irrigation) AC 1 3,000 1,694 10 Seeding with mulch, anchored in place AC 1 2,000 1,763 SUBTOTAL $ 84,382 EASEMENT ACQUISITION $ 31,500 10% CONTINGENCIES. $ 8,438 25% ENG.,LEGAL & ADMIN. $ 23,205 TOTAL ESTIMATED COST $ 147,526 No. Item Unit Quantity Unit price Total ($) ($) D1. Earthen Embankment/Dike (Option 1 & 2) FT 250 1 Mobilization LS 1 3,100 3,100 2 Wood chip layer CY 2,315 20 46,296 3 Geotextile fabric SY 1,389 3 4,167 4 Fill CY 1,667 10 16,667 5 Select topsoil borrow (4 ") - off site CY 162 12 1,944 6 Seeding with mulch, anchored in place AC 0.3 2,000 574 7 Willow /Dogwood stakes (slope stabilization) EA 1,000 4 4,000 8 Silt fence LF 500 2 1,000 9 Golf course parking lot restoration LS 1 2,000 2,000 10 Restore tee box (turf and irrigation) LS 1 2,000 2,000 11 Restore golf course (turf and irrigation) AC 0.5 3,000 1,500 12 Wetland mitigation (0.5 acres) LS 1.0 41,525 41,525 13 Excavation of a 40' portion of old dike CY 385 6 2,311 14 Prefabricated floating boardwalk bridge (40)(10') LS 1 30,000 30,000 SUBTOTAL $ 157,084 EASEMENT ACQUISITION $ 13,500 20% CONTINGENCIES. $ 31,417 25% ENG.,LEGAL & ADMIN. $ 47,125 TOTAL ESTIMATED COST $ 249,126 Stillwater AUAR Feasibility Study Phase III (option 1) A -6 No. Item El. Spillway (Options 1, 2 & 3) 1 Mobilization 2 Excavation 3 Wood chip layer 4 Fill 5 Sheet piling 6 Riprap, class 3 7 Turf establishment SUBTOTAL 20% CONTINGENCIES. 25% ENG.,LEGAL & ADMIN. TOTAL ESTIMATED COST Unit Quantity Unit price Total ($) ($) FT 100 LS 1 1,300 1,300 CY 778 9 7,000 CY 926 20 18,519 CY 563 10 5,630 SF 1,200 15 18,000 CY 133 40 5,333 AC 0.1 2,000 230 $ 56,011 $ 11,202 $ 16,803 $ 84,017 No. Item F1. Elevation of McKusick Road (CR 64) (PVI 1 Mobilization 2 Traffic control 3 Remove curb and gutter 4 Remove bituminous walk 5 Remove bituminous pavement 6 Sawing bituminous pavement 7 Common excavation 8 Granular borrow, CV 9 Topsoil borrow, LV 10 Salvaged topsoil, EV 11 Aggregate base, Class 5 12 Type 41 wearing course mixture 13 Type 41 wearing course mixture for trail 14 Type 31 base course mixture 15 Bituminous material for tack coat 16 15" RCP, class 5 17 18" RCP, class 5 18 18" RCP flared end section w/ trash guard 19 Riprap, class 2 20 Adjust manhole 21 Construct manhole 22 Construct catch basin 23 Concrete curb and gutter (Type B618) 24 Silt fence, type preassembled 25 Seeding 26 Seed mixture (20A) 27 Sod (lawn type) 28 Mulch Material, (Type 1) 29 Erosion control blanket 30 Draintile, 4" HDPE perforated w /sock SUBTOTAL 10% CONTINGENCIES. 25% ENG.,LEGAL & ADMIN. TOTAL ESTIMATED COST Unit Quantity Unit price Total ($) ($) Elev. = 855') (Options 1, 2, & 3) LS 1 6,000 LS 1 5,000 LF 2,060 4 SY 900 1 SY 3,600 2.5 LF 100 2 CY 239 2 CY 590 6 CY 35 7 CY 250 5 TN 1,970 10 TN 318 36 TN 160 40 TN 530 34 G 175 1.5 LF 84 27 LF 155 28 EA 4 650 CY 30 40 EA 2 500 EA 2 1,500 EA 2 1,250 LF 2,060 8 LF 1,500 3 AC 1.2 2,000 LB 61.5 8 SY 1,310 2.5 TN 2.5 275 SY 250 3 LF 935 6 Total Phase 3 (Option 1) Estimated Cost Stillwater AUAR Feasibility Study 6,000 5,000 8,240 900 9,000 200 478 3,540 245 1,250 19,700 11,448 6,412 18,020 263 2,268 4,340 2,600 1,200 1,000 3,000 2,500 16,995 4,500 2,460 492 3,275 677 750 5,610 $ 142,362 $ 14,236 $ 39,150 $ 195,748 $ 2,146,424 Phase III (option 1) A -7 Phase 3 - McKusick Lake & Browns Creek (Option 2) No. Item A2. Browns Creek Channel Diversion (Option 2: 1 Mobilization 2 Clearing and grubbing 3 Channel excavation and golf course grading 4 12' x 7' RC box culvert 5 12' x 7' RC box culvert end sections 6 Furnish native gravel 7 Furnish native field stone 8 Construct rock vein 9 Furnish and install willow /dogwood stakes 10 Furnish and install black willow sprigs 11 Furnish and install plant stock Dogwood shrubs (Cornaceae sp.) Silver Maple (Acre saccharinum L.) Green Ash (Fraxinus pennsylvanica Marsh.) 12 Transplant trees (1" - 4" caliper) 13 Transplant trees (4" - 10" caliper) 14 Seeding with mulch anchored in place 15 Multi -use trail, 2" bituminous pavement 16 Multi -use trail, 6" aggregate base, class 5 17 Prefabricated pedestrian bridge (50' span) 18 Silt fence 19 Restore tee boxes (turf and irrigation) 20 Relocate tee box (turf and irrigation) 21 Restore golf fairways (turf and irrigation) SUBTOTAL EASEMENT ACQUISITION 20% CONTINGENCIES. 25% ENG.,LEGAL & ADMIN. TOTAL ESTIMATED COST Unit Quantity Unit price ($) partial pipe /channel) LS 1 15,500 LS 1 5,000 CY 12,000 5 LF 850 575 EA 2 8,700 CY 677 40 CY 142 85 EA 15 500 EA 4,888 4 EA 20 2 EA 500 40 EA 5 100 EA 5 100 EA 20 130 EA 22 170 AC 3 2,000 TN 257 40 TN 770 15 LS 1 47,500 LF 1,000 2 LS 2 2,000 LS 1 2,000 AC 3 3,000 Total ($) C1. Extension of Diversion Pipe to McKusick Lake (Option 1 & 2) D1. Earthen Embankment/Dike (Option 1 & 2) El. Spillway (Options 1, 2 & 3) F1. Elevation of McKusick Road (CR 64) (PVI Elev. = 855') (Options 1, 2, & 3) Total Phase 3 (Option 2) Estimated Cost Stillwater AUAR Feasibility Study 15,500 4,000 60,000 488,750 17,400 27,093 12,089 7,500 19,552 40 20,000 500 500 2,600 3,740 6,000 10,267 11,550 47,500 2,000 4,000 2,000 9,000 $ 771,580 $ 88,250 $ 154,316 $ 231,474 $ 1,245,620 $ 147,526 $ 249,126 $ 84,017 $ 195,748 $ 1,922,036 Phase III (option 2) A -8 Stillwater AUAR Feasibility Study - Phase 3 (Option 3) No. Item Unit Quantity Unit price Total ($) ($) A3. Browns Creek Channel Diversion (Option 3) 1 Mobilization LS 1 2000 2,000 2 Channel excavation w /offsite disposal CY 4,650 9 41,850 3 Furnish and install willow /dogwood stakes EA 4,400 4 17,600 4 Furnish and install black willow sprigs EA 100 2 200 5 Wet meadow seeding AC 1 4,000 4,000 6 Golf course restoration (turf and irrigation) AC 1.8 3,000 5,510 7 Construction mats LS 1 7,500 7,500 8 Silt fence LF 1,500 2 3,000 SUBTOTAL $ 81,660 EASEMENT ACQUISITION $ 40,000 20% CONTINGENCIES. $ 16,332 30% ENG.,LEGAL & ADMIN. $ 29,397 TOTAL ESTIMATED COST $ 167,389 No. Item Unit Quantity Unit price Total ($) ($) B3. Extension of Diversion Pipe to McKusick Lake 1 Mobilization LS 1 2500 2,500 2 36" RCP, class 2, 0' -10' depth LF 1,520 55 83,600 3 36" LR bends EA 34 550 18,700 4 48" on 36" tee manhole EA 2 2,100 4,200 5 Improved pipe bedding per 6" depth LF 1,520 2 3,040 6 Riprap, class 3 CY 40 35 1,400 7 Seeding with mulch, anchored in place AC 3.5 2,000 6,979 SUBTOTAL $ 120,419 EASEMENT ACQUISITION $ 45,600 10% CONTINGENCIES. $ 12,042 25% ENG.,LEGAL & ADMIN. $ 33,115 TOTAL ESTIMATED COST $ 211,176 Stillwater AUAR Feasibility Study Phase III (option 3) A -9 No. Item Unit Quantity Unit price Total C3. Earthen Embankment/Dike FT 1,550 1 Mobilization LS 1 5,000 5,000 2 Wood chip layer CY 14,352 20 287,037 3 Geotextile fabric SY 8,611 3 25,833 4 Fill CY 8,611 10 86,111 5 Multi -use trail, 2" bituminous TN 434 40 17,356 6 Multi -use trail, 6" aggregate base, class 5 TN 1,302 15 19,525 7 Select topsoil borrow (4 ") - off site CY 1,005 12 12,056 8 Seeding with mulch, anchored in place AC 1.8 2,000 3,558 9 Willow /Dogwood stakes (slope stabilization) EA 6,200 4 24,800 10 Silt fence LF 3,100 2 6,200 11 Golf course parking lot restoration LS 1 2,000 2,000 12 Restore tee box (turf and irrigation) LS 1 2,000 2,000 13 Restore golf course (turf and irrigation) AC 0.5 3,000 1,500 14 Excavation of a 40' portion of old dike CY 385 6 2,311 15 Prefabricated floating boardwalk bridge (40'x10') LS 1 30,000 30,000 SUBTOTAL $ 525,287 EASEMENT ACQUISITION $ 13,500 20% CONTINGENCIES. $ 105,057 25% ENG.,LEGAL & ADMIN. $ 157,586 TOTAL ESTIMATED COST $ 801,431 No. Item Unit Quantity Unit price Total ($) ($) D3. Wetland Mitigation (2 acres) 1 Excavation and shaping CY 18,500 6 111,000 2 Wetland Plants AC 2 3,000 6,000 SUBTOTAL $ 117,000 LAND AQUISTITION $ 50,000 10% CONTINGENCIES. $ 11,700 25% ENG.,LEGAL & ADMIN. $ 32,175 TOTAL ESTIMATED COST $ 210,875 El. Spillway (Options 1, 2 & 3) $ 84,017 F1. Elevation of McKusick Road (CR 64) (PVI Elev. = 855') (Options 1, 2, & 3) $ 195,748 Total Phase 3 (Option 3) Estimated Cost $ 1,670,635 Stillwater AUAR Feasibility Study Phase III (option 3) A -10 WETLAND DELINEATION REPORT AUAR MITIGATION PLAN STILLWATER, MINNESOTA BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES ( BONESTROO AND ASSOCIATES) Project No. 51003 INTRODUCTION The three delineated wetlands in Stillwater encompass approximately 62 acres located in the SE 1/ of Section 19, S 1/2 of Section 20, and the SE 1A of Section 30, T 30N, R 20W, City of Stillwater, County, Minnesota. Figure 1 shows the location of the project on a U.S.G.S map. OBJECTIVES The mitigation plan, a component of the Stillwater Annexation Area Alternative Urban Areawide Review (AUAR), outlines specific recommendations to avoid, minimize or mitigate the potential environmental impacts of development within the annexation area. Potential impacts include higher flows and temperatures detrimental to trout fisheries and other natural features of Brown's Creek, and poor water quality and flooding of residential homes on Long Lake. The cornerstone of the mitigation plan is the diversion of stormwater flowing from Long Lake and other portions of the annexation area to McKusick Lake. Included in the plan will be the realignment of Brown's Creek along the Zepher Railroad Line and between the Lake McKusick wetland and Oak Glen Golf Course. The delineations of the Lake McKusick wetland and the wetland along the Zepher Railroad will provide information on the amount of water that the basins will be able to hold. The channel between Long Lake and the DNR wetland will be evaluated to identify ways to reduce clogs caused by debris and beaver activity. METHODS Wetland Delineation: Wetlands were identified using standard delineation methodology described in the 1987 Army Corps of Engineers Wetland Delineation Manual as required by both the Minnesota Wetland Conservation Act and Section 404 of the Clean Water Act. To verify a site is wetland, three technical criteria are looked at and documented. These include hydrophytic vegetation, hydric soils, and wetland hydrology. Hydrophytic vegetation is defined as macrophytic plant life grown in water, soil or on a substrate that is at least periodically deficient in oxygen as a result. Hydric soils are defined as soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part (U.S.D.A. Soil Conservation Service 1987). A hydric soil list provided by the National Technical Committe for Hydric Soils (NTCHS) was used to determine which areas on this site were listed as hydric soils by Washington and Ramsey County Soil Survey. Wetland hydrology is defined as permanent or periodic inundation, or soil saturation to the surface at least seasonally. Wetland boundaries were identified as the upper -most extent of the wetland basin which satisfied soils, vegetation, and hydrology criteria. Wetland Descriptions McKusick Lake Wetland This wetland (figure 2) includes many different communities including open water /emergent marsh, sedge meadow and shrub swamp. The open water /emergent marsh contains mainly cattails with a fringe of arrowhead, bulrush and reed canary grass. The sedge meadow community contains dark green bulrush, tussock sedge, cattails, and reed canary grass. The shrub swamp community includes peach leaf willow, red -osier dogwood, pin cherry and boxelder with an understory of jewelweed, nettle, and reed canary grass. The soil mapped by the Washington and Ramsey County Soil Survey is mainly Seeleyville muck (540). The NTCHS identifies 540 as a whole unit hydric soil. Fill from the golf course, parking lot, and McKusick Lake Road has eroded into the upper portions of the wetland boundaries. Much of the golf course borders right up to the wetland boundary. Zepher Railroad Line Wetland This wetland (figure 2) is a sedge meadow alongside a tributary to Brown's Creek Vegetation in and along the stream includes a variety of sedges, arrowhead, equisetum species, wool grass, and softstem bulrush. In the transition between wetland and upland are species such as wool grass, marsh fern, sensitive fern, fragrant goldenrod, reed canary grass, and red -osier dogwood. Upland species include Canada goldenrod, little bluestem, big bluestem, blue grass, smooth brome, and stiff dogwood. The majority of the soil within the wetland area is Auburndale silt loam (189). The NTCHS identifies 189 as a whole unit hydric soil. Mahtomedi loamy sand and Antigo silt loam soils are found in and along the edges of the wetland. Many of these areas along the wetland boundaries are transitional soils between inclusions and the mapped soil unit or the mapped soil unit and its adjacent soils. Channel Between the DNR Wetland and Long Lake This created channel (figure 2) links two open water wetlands, one a DNR wetland. Located along the channel are many beaver runs and dams. It appears that the channel may have lowered the water table. Hydrophytic vegetation is found at the channel ends along the wetlands, however, the vegetation along the channel is 50% hydrophytic and 50% non - hydrophytic. Vegetation at the wetland - channel borders include wool grass, reed canary grass, smartweed, iris, and stiff dogwood. Vegetation along the channel includes blackberries, witch hazel, stiff dogwood, Canada goldenrod, reed canary grass, giant goldenrod, and blue grass. m V---i , , romxielia),4%-`1---11:1:11- 1 1---.'411'4'''' '1"="PA-1-7-11,1vtS_Ir., trilicia-id-s,A _. �J. OVA slivgifi ill -6.71.0.2_,,y,„ /rttlik._:k, � � �► , •' ate 47 i rr+� :u . � ®� 1'. - 1 .'t,,i V41 Mal PAP 4.1,-elliligliti 1M P., pritag- 1 of 1 1 Location Map 1 Wetland Delineation Report Stillwater, MN ISeptember. 1997 Figure 1 COMM. Source: USGS Bonestroo Rosen Anderlik & Associates Englneers & Architects Ietland Delineation Locations 800 0 800 Feet Wetland Delineation Report tillwater, MN Figure 2 JAIFionestroo nosene M Ancut & V Assodates G¢n_era SAtd1Iteeu ;142P McKusick Lake T Wetland 1 Washington and Ramsey County Soil Surve y 1 IWetland Delineation Report Stillwater, MN ISeptember. 1997 COMM. . Figure 3 Bonestroo Rosene Anderlik & Associates Engineers & Architects r ..-..../ „_--. 1_ - •ial„,: .7 614133 t, 'V , • .... , --- , Fugsr,-, V,/ ,,.....,,.,,F *--...., ■ . Pe44' -,:4)--- - -- I _ .-. .. sIPS5IC.- ,--,. EMC_. Channel -,;'..,,' .:-5C-7,-,7 --,5;-:-R--42E4t.s/ -'.-,',` . 1 F•EM&*..{ , •• • c ta: " i Ili? 14..A.e., -Irt , .., (1..._, 1 j_r_1 1 National Wetland Inventory Map 111 Wetland Delineation Report Stillwater, MN ISeptember. 1997 COMM. . ‘1; loco 011 : .•;1 • i 11, V,46, .• • .7-711/Efelawka 171.." -v■V7:7-.01.; tt 1-, ,t4 Figure 4 Bonestroo 1.1 Rosene viAnderlik & Associates Engineers & Architects ATTACHMENT A DATA FORMS ROUTINE WETLAND DETERMINATION 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) a Project/Site: 5 -1- ,IIvsr,'tiv+ s1003 MCKUSictC.l_GI=:t Dominant Plant Species Stratum Indicnor Date: `}-` 14- 9' Applicant/Owner: 5+ 111 w P-A Field Observations: Depth of Surface Water: County: VIAL N Investigator: e 5 n S+1ci _ _ Drainage Patterns in Wetlands Secondary Indicators (2 or mere required): _ Oxidized Root Channels in Upper 12 Inches _ Water - Stained Leaves _ Local sea Survey Data _ FAC - Neutral Test _- Other (Explain in Remarks) State: ;/ t ) Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? ((f needed, explain on reverse.) C No Yes Yes o Community ID: Transect ID: Plot ID: VEGETATION Dominant Plant Species Stratum Jnemator Dominant Plant Species Stratum Indicnor 1. Phq'Ne∎e S arur,,,l;f,acea 1--1 FACW t- s. Field Observations: Depth of Surface Water: 1-4 F 10. _ _ Drainage Patterns in Wetlands Secondary Indicators (2 or mere required): _ Oxidized Root Channels in Upper 12 Inches _ Water - Stained Leaves _ Local sea Survey Data _ FAC - Neutral Test _- Other (Explain in Remarks) 2.V(-4-■Cc,& i01( 4 ICI 3. 11. Depth to Saturated Soil: 4. 12. 5. 13. Remarks: B. 14. 15. 16. 7. 8. Percent of Dominant Species that are 081.. FACW or FAC (excluding FAC -1. 1 ��1!^� 000i O Remarks: HYDROLOGY Recorded Data (Describe in Remarks): _ Stream, Lake, or Tide Gauge — Aerial Photographs ie Other /No Recorded Data Available Wetland Hydrology Indicators: Primary Ind cators: Inundated e..Sattifittlti in Upper 12 Inches _ Water Marks _ Drift Unes Sediment Deposits Field Observations: Depth of Surface Water: (in.) _ _ Drainage Patterns in Wetlands Secondary Indicators (2 or mere required): _ Oxidized Root Channels in Upper 12 Inches _ Water - Stained Leaves _ Local sea Survey Data _ FAC - Neutral Test _- Other (Explain in Remarks) Depth to Free Water in Pit: (in.) Depth to Saturated Soil: q an.) Remarks: SOILS a Map Unit Name n (Series and Phase): j�{Q S 8 2.CI 1 V1I4 MUD i &c_ Taxonomy (Subgroup): T`'' ,01 L �or 0 ,C&..4) (Th. St Profile Description: Depth finches) Horizon Matrix Color Mince Moiats Drainage Class: V • 00o(1 t cf) Reid Observations Confirm Mapped Type? es No Mottle Colors Molds Texture. Co ncretions, (MunseN Mdstl Ai7undane till ..1 structure. etc. Hydric Sort Indicators: Ffistosol Histic Epipedon Sulfidic Odor _ Aquic Moisture Regime _ Reducing Conditions _ Gleyed or Low - Chrome Colors Concretions High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Solis List _ Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydrae Soils Present? No (Girds) No No Is this Sampling Point Within a Wetland? (Circle) No Remarks: pproved by H(1')SACE 2/92 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: S"'r1 \I wcao., S ) O'S Mc.4us i c.e Lc* -K_e Dominant Plant Seed's Stratum IMieator 1. P4 arur-d „nu LPG, N WCW4- Date: -4- 11 - 91 Applicant/Owner: Q)-.y .S -x-11) v,-.12,( • 2.1)r'ci cc. ci. ■ V C ck, H t-4- 1t). County: wA-S 1 f Investigator: ILS (L Pry 11. State: M0 Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (if needed, explain on reverse.) Yes Yes Na o Community ID: Transect ID: Plot ID: 14. VEGETATION Dominant Plant Suedes Stratum judicator Dominant Plant Seed's Stratum IMieator 1. P4 arur-d „nu LPG, N WCW4- 9. , 2.1)r'ci cc. ci. ■ V C ck, H t-4- 1t). 3. 11. 4. 12. 5. 13. 6, 14. 7. 15. 8. 16. Iin.) — Oxidized Root Channels in Upper 12 Inches Percent of Dominant Species that are OBL. FACW or FAC (excluding FAC -). o' Remarks: Local Sob Survey Data HYDROLOGY _ Recorded Data (Describe in Remarks): Stream. Lake. or Tide Gauge Wetland Hydrology Indicators: Primary tndreators: ^_ Aerial Photographs — Inundated _ Other _ Saturated in Upper 12 Inches IN* Recorded Data Available Water Marks — Drift Unes _Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: Iin.) — Oxidized Root Channels in Upper 12 Inches Water - Stained Leaves Depth to Free Water in Pit: fin.) Local Sob Survey Data FAC - Neutral Test Depth to Saturated Soil: an.) Other (Explain in Remarks) Remarks: N J ao I 1, SOILS • Map Unit Name � ",,� n /� (Series and Phase): vt r \L( UC 5 y 0 Taxonomy (Subgroup): Ty P) C- C p c Profile Description: Depth (inches) }iorizon 0 -1 to Matrix Color Motile Colors 020. Maisel JMuruali Moist) 10 k 2311 Drainage Class: \I . �L?t9'tlL.a c.L c via Feld Observations Confirm Mapped Type? Yes(ft� Motile iihingMbaSAMEnt F4 N't" Texture. Concretions, Structure. etc. L. 00 M Hydric Soil Indicators: Histosoi _ Histic Epipedon Suifidic Odor _ Aquic Moisture Regime — Reducing Conditions Greyed or Low - Chrome Colors Concretions High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils _ Listed on Local Hydric Soils List _ Listed on National Hydric Sons List _ Other (Explain in Remarks) Remarks: 4- i\ 1 - R 5 q t tA.r c9 • ccc , vu \\ ¶)Q. , ca-Po cal ,-�, s,•� 'f'r A5 -'44. • ,AAS,.w pr a.I.JS s w, pa—Ax—A'S 1o# cwuod -ham row ice s ei Is o ant 412a ve ctitn_ c.hu.AA. WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Is this Sampling Point Within a Wetland? (Crcle) Yes No Remarks: (vQ.C.t 6 �-�Q Q1t�J — W ocu 4 a,LtiQ.t V1 v . JQi c h' �(j v W a ii/ • 1•)0+ c.k.tQ.t 4tekkgj 14 0* tl - 2 �t TSa./v\ c. . pprove • • y " • r. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) 4 Project/Site: 5 11 w p a•+ SI O 3 ('Y- c1"-rn Applicant/Ovvner: G Investigator: E ('_ . s r, Date: '3---/u - 5 County: KI A-e ri State: M r•J Do Normal Circumstances exist on the site? Krcei No Community ID: Is the site significantly disturbed (Atypical Situation)? Yeas ' t— Transect ID: a Is the area a potential Problem Area? Yes m Plot ID: Of needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum jndicator Dominant Plant Species Stratum ktdieator 1. )n. a rA AY,d i nuc..c, VA FA-c -w4 9, 2. 10. 3. 11. 4. 12. S. 13. 6. 14. 7. 15. . 16. C Gvw. 1 Percent of Dominant Species that are OBL. FACW or FAC (excluding FAC -). 1 00% Remarks: (`�unD. , Qc)- C-o -,nc , HYDROLOGY i Recorded Data (Describe in Remarks): Stream. Lake, or Tide Gauge —_ Aerial Photographs — Other No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: _ Inundated ....X. Saturated in Upper 12 Inches _ Water Marks _ Drift Lines — Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or mere required): � Oxidized Root Channels in Upper 12 !aches Water- Stained Leaves _ Local Soo Survey Data _ FAC - Neutral Test — Other (Explain in Remarks) Field Observations: Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil: (in.) 5 5 , 5 (in.) 0 6n.) Remarks: '\"•,_2A-0.._ LJ c, x-11- C Gvw. -C can .. v \ ''(nf\.,t W •Q-9- ‘ SOILS a Map Unit Name AM C (Series and Phase): S QmX1C S J Si \ \ \ Uc i vv\ /5.2229 4 V �'� Drainage Class: ( 0 c(. : e � / Feld Observations Tonomy (Subgroup): C S S O O.9- Confirm M appon Type? Yes Profile Description: Depth (inches) Horizon U -10 10 -RP Matrix Color - g e Mmst) Motile Colors Motte (1�AunseN Moist) stkindinstirammit Texture. Concretions, Structure. etc. Nit4CK l,oa,� n r iu1' MULKy Loo Sand Hydric Soil Indicators: Histosol _ Histic Epipedon Sulfidic Odor Aquic Moisture Regime _ Reducing Condtions Gleyed or Low - Chrome Colors Concretions _ High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils Listed on Local Hydric Soils List _ Listed on National Hydric Sons List _ Other (Explain in Remarks) Remarks: - --AL+ Lnr■ t SlA . S csi� L Ci0.n,ic. v 3 'Pi 1\ kkal h4L .A- A .° ra t ko WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? No (Circle) No No (Circle) Is this Sampling Point Within a Wetland? Y No Remarks: ppro by 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) 4 Project/Site: SvSi- k.,. Si that la I' ti r.a_Ir 1..s.,0 -44 Dominant Plant Species Stratum Indicator 1. P, S J P t-C. W {' Date: q-/ I -11 2. Applicant/Owner: 3. 11. County: V141-31-' 1 Investigator: Q,SQ. 5 Pi-CS_ 5. 13. State: M ri Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) Yes Yes Yes No No No Community ID: Transact ID: Plot ID: 16. 0-, ol, Percent of Dominant Species that are 061. FACW or FAC t (/� °/ U (excluding FAC -). L VEGETATION Dominant Plant Species Stratum teem_ Dominant Plant Species Stratum Indicator 1. P, S J P t-C. W {' 9. 2. 10. 3. 11. 4. 12. 5. 13. 8. 14. 7. 15. 8. 16. _ Drift Lines Percent of Dominant Species that are 061. FACW or FAC t (/� °/ U (excluding FAC -). L Remarks: \i_zej. Gc _ _O. j M.oc,R .--er HYDROLOGY _ Recorded Data (Describe in Remarks): — Stream. Lake. or Tide Gauge Wetland Hydrology Indicators: Primary Indicators: — Aerial Photographs _ Inundated _ Other Saturated in Upper 12 Inches No Recorded Data Available —Water Marks _ _ Drift Lines — Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Secondary Indicators (2 or mere required): Depth of Surface Water. On.) _ Oxidized Root Channels in Upper 12 Inches _ Water - Stained Leaves Depth to Free Water in Pit: On.) _ Local Sol Survey Data _ FAC - Neutral Test Depth to Saturated Soil: 1 G On.) — Other (Explain in Remarks) ) Remarks: . SOILS a Map Unit Name 15 (Series and Phase): O� \±k C, Q) e i Q rrr AA, Taxonomy (Subgroup): °x...oSSOb�?— cl Profile Description: Depth Matrix Color finches) Horizon nustl Moist) U - I 5 ltd `a3)3 IGH?) 2,513 Mottle Colors (MunseN Moist) 4/ Drainage Class: Feld Observations Confirm Mapped Type? Mot% e&4___ noun Y Texture. Concretions. Structure. etc. S C, ..6cu,,a S lr Hydric Soil indicators: Histosol _ Histic Epipedon Sulfidic Odor _ Aquic Moisture Regime _ Reducing Conditions _ Gleyed or Low -Chrome Colors Concretions _ High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils _ Listed on Local Hydric Sols List _ Listed on National Hydric Soils List _ Other (Explain in Remarks) Remarks: - I Y`/\cA.6 - IN- uz.A,ocit tO OT\ Sj,.q, WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydrae Soils Present? (Circle) (Circle) Is this Sampling Point Within a Wetland? Yes No Remarks: Q rr,(u.;,,,S pprove • by -.r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FProject/Site: 5 ok..0. 1.2,\Le 'Mc Luz-k..-.j Applicant /Owner: C, C S 1.).A.Q.wa ,.a Investigator: Q S t . Si%,--, DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Date: /i 5 County: () 1-1 State: /NON Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) VEGETATION Community ID: Transect ID: Plot ID: -j ti Dominant Plant Species Stratum Judicator DominantPfant Species Stratum 1. P. J i A 4.4 9 F'Pkw a-- 9. 2. 10. fin.) 3. 11. 4. 12. 0 5. 13. 8. 14. 7. 15. I 8. 16. Percent of Dominant Species that are OBL. FACW or FAC (excluding FAC -). J �'1 al �lJ Remarks: (i\,()\A HYDROLOGY _ Recorded Data (Describe in Remarks): + ___ Stream. Lake. or Tide Gauge Aerial Photographs _ Other _ No Recorded Data Available Wetland Hydrology Indicators: Primary Indcators: _ Inundated Saturated in Upper 12 Inches — Water Marks Drift Lines — _ Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Water - Stained Leaves ^ Local sod Survey Data _ FAC - Neutral Test _ Other (Explain in Remarks) Field Observations: Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil: an.) fin.) 0n.) Remarks: N o 0 SOILS Map Unit Name (Series and Phase): I S 3 Sr../Npk.j,' C,C-o Taxonomy (Subgroup): Profile Description: Depth finches) )4oriton Matrbc Color Mottle Colors ns� Mgt) IMuns.N Moist) o-1lp It ?`irt 313 Drainage Oass: 1 u t 9 D Feld Observations Confirm Mapped Type? Yes (No) Mottle ra mast Texture. Concretions. Structure. etc. SL Hydric Sort Indicators: Histosol _ Histic Epipedon Sulfidic Odor _ Aquic Moisture Regime _ Reducing Conditions _ Gleyed or low - Chrome Colors Concretions _ High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Sails _ Listed on local Hydric Sons List _ Listed on National Hydric Sots list _ Other (Explain in Remarks) Remarks: N 04- CSC ,L t c1O Or 'mac WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Sons Present? Yes Yes Remarks: (Circle) Is this Sampling Point Within a Wetland? Yes E.) pprove y 1 •1I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) • Project/Site: 11 4j^ me k Dominant Plant Species Stratum Indicator Date: q fit - 5 3_ Applicant/Owner: ii - ' 4 akz 2. County: i, i /i- j Investigator: QS (L f 11. State: Kr 12. Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) c No Yes Cr.71 Yes . • Community ID: Transact ID: — 3 Plot ID: i 16. . VEGETATION 4 Dominant Plant Suedes Stratum indicator Dominant Plant Species Stratum Indicator 1. P. F. ri- P-ACw{- 9. 2. 10. 3. 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. . Percent of Dominant Species that are OBL. FACW or FAC (excluding FAC -). Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): — Stream, Lake, or Tide Gauge — Aerial Photographs _ Other No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: — Inundated ,_XSaturated in Upper 12 Inches _ Water Marks Drift Lines _ Sediment Deposits _ Drainage Patterns in Wedands Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches _ Water - Stained Leaves _ Local Soil Survey Data _ FAC- Neutral Test Other (Explain in Rernaiks) Feld Observations: Depth of Surface Water: (in.) Depth to Free Water in Pit: (in.) Depth to Saturated Soil: I I an.) Remarks: . 1 1 1 SOILS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a Map Unit Name (Series and Phase): 153 Drainage Class: W tt) GU, ctNti.�G% Field Observations Taxonomy (Subgroup): t C- SSO n Confirm Mapped Type? Yes No) Profile Description: Depth (inches) tforizon CD- Lo Meals: Color LAstnself Moist) l O'1L 3)L. Mottle Coors 'AAunseil Moist) Motile Texture. Concretions. Structure._ etc. ancelContrast SL Hydric Sob Indicators: Histosol _ Histic Epipedon Suffidic Odor Aquic Moisture Regime _ Reducing Conditions _ Gleyed or Low - Chrome Colors Concretions _High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils _ Listed on Local Hydric Sags List _ Listed on National Hydric Soils List _ Other (Explain in Remarks) Remarks: ? \ M C,kt9k.b WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Sots Present? Is this Sampling Point Within a Wetland? Remarks: U)L2,t1(_a- A c 9 . W J p,. Wa 0-A Q..0•cV\ir-Ala.b ",�. p T= l up w ; pprove by •.t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 e DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) 4 Project/Site: 5A -A\ w� 'c \,c am - `�'�s k_ Applicant/Owner: C.i �-. -�2. -w Investigator: (LS n n Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Yes Is the area a potential Problem Area? Yes (If needed, explain on reverse.) VEGETATION Date: County: 1-1 State: eel Community ID: Transect ID: 3 Plot ID: Dominant Rant Species Stratum Indicator Dominant Plant Species Strstum indiSSiff 1.Q , 0/AAt vr.d..N. ac . 0. (.J-4- 9. 2. 10. — Other 3. 11. _ No Recorded Data Available 4. 12. 5. 13. Sediment Deposits g, 14. Reid Observations: 7. 15. g. 16. Depth of Surface Water: (in.) Oxidized Root Channels in Upper 12 Inches ^_ Percent of Dominant Species that are OBL. FACW or FAC (excluding FAC -). �O Remarks: R¢9- -d C&-'-3 (\A.is,".- t0-4-2 (in.) HYDROLOGY _ Recorded Data (Describe in Remarks): Stream. Lake, or Tide Gauge Wetland Hydrology Indicators: Primary indicators: — Aerial Photographs Inundated — Other — Saturated in Upper 12 Inches _ No Recorded Data Available ` Water Marks _ Drift Lines Sediment Deposits Reid Observations: _ _ Drainage Patterns in Wetlands Secondary Indicators (2 or mere required): Depth of Surface Water: (in.) Oxidized Root Channels in Upper 12 Inches ^_ Water- Stained Leaves Depth to Free Water in Pit: (in.) Local Sol) Survey Data s_ FAC - Neutral Test Depth to Saturated Soil: an.) Other (Explain in Remarks) Remarks: NO .).`���t SOILS • Map Unit Nam. (Series and Phase): Is3 Taxonomy (Subgroup): `T I c9� Profit. D.scriotion; Depth finches) Nonzon Matrix Color MEW Mast) l0it.3ki 1 bi k 1 3 Mottle Colors (Munse Moist! Drainage Class: t1)00) CIA Feld Observations Confirm Mapped Type? Yes N ) Motel. Texture. Concretions, regntrast 'trurtun. etc. SL- n.M S V V ! 1 Hydric Soil Indicators: Histosol _ Histic Epipedon Sulfidic Odor _ Aquic Moisture Regime Reducing Conditions _ Gleyed or low- Chrome Colors Concretions _ High Organic Content in Surface layer in Sandy Soils _ Organic Streaking in Sandy Soils listed on local Hydric Soils list _ listed on National Hydric Sods list _ Other (Explain in Remarks) Remarks: (N) 4 NeL WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? (Circle) (Circle) Is this Sampling Point Within a Wetland? Yes Remarks: 0 NV1/4fi_71_,A vD pprove by •er 7•. t 1 1 i 1 i 1 1 1 1 t 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) a Project/Site: 54-111w -f f . c loo MCAJA (Y LAC Applicant/Owner: Sfill ,�a i- Investigator: Q,S 2 t S 6 Date: ‘; _ 4 County: ` i P, N State: Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) N Yes Yes Community ID: e}-9-e f *¢.(- Transact ID: 4 Plot ID: VEGETATION Dominant Plant Species Stratum nd'icator Qominant Plant Species Stratum Indienw 1.9, q -\ FRCWA 9. 2. 3 f�l 4U oiscuY1 g VI n R, 1- 10. 3. Cl k/X S-11-1 c A-a • H 0(1,1.. 11. 4...1t- c Lc4 6..liA M 0 6 L- 12. 5. 13. 8. 14. 15. 7. if g. 16. Percent of Dominant Species that are OBL. FACW or FAC FAC -). 1, 00()/ 0 Remarks: HYDROLOGY Recorded Data (Describe in Remarks): — Stream. Lake, or Tide Gauge — Aerial Photographs _ Other 4No Recorded Data Available Wetland Hydrology Indicators: Primary Indcators: _ Inundated X Saturated in Upper 12 Inches _Water Marks _ Drift Lines — Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or mere required): _ Oxidized Root Channels in Upper 12 Inches — Water-Stained Leaves _ Local Son Survey Data _ FAC - Neutral Test _ Other (Explain in Remarks) Field Observations: Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil: SO M2-42- (in.) (in.) 0 6n.) Remarks: . SOILS a Map Unit Name (Series and Phase): 911 So Q 0_ , .00_ . Taxonomy (Subgroup): • i�ti6J. .1 Drainage Class: V14� Reid Observations Confirm Mapped Type? Yes Profile Descriotign: Depth (inches) Horizon &nssf Meistt (MunseN Moist) Matrix Color Mottle Colors Motte Texture. Concretions, Abundanc•ICentrasr Otructur . stc. Hydric Sor7 Indicators: Histosol _ Histic Epipedon Sulfidic Odor 4'Aquic Moisture Regime _ Reducing Conditions _ Gleyed or Low - Chrome Colors Concretions FGgh Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils _ Listed on Local Hydric Sons Ust _ Listed on National Hydric Soils Ust Other (Explain in Remarks) Remarks: %r ups rJ — less to ./14 ti/let +gyp b Lu M 4 F eicW - 0,A a444 ° - 4o h-p WETLAND DETERMINATION Hydrophytic Vegetation Present? etlsnd Hydrology Present? Hydric Soils Present? Ne (Circle) No No Is this Sampling Point Within a Wsdand? (Circle) No Remarks: pprove A 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) 4 t t 1 1 t 1 Project/Site: 5 ,wa1EL+ Si0 3 c,K axct._ CcLt .Szeliethir, Investigator: eS 2 A-� Date: 7 iy-94- County: $4/43)./ State: Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) Yes No Yes No Yes No Community ID: Transect ID: Plot ID: VEGETATION pominent Plant Soecies Stratum picketer poignant Plant Soeciet St ___ if____ P Field Observations: Depth of Surface Water: 2....S. Q n� (1i 21 o i diJ� ye 10. '_ Drainage Patterns in Wedands Secondary Indicators (2 or mere required): _ Oxidized Root Channels in Upper 12 Inches _ Water - Stained Leaves _ Local Sol Survey Data _ FAC- Neutral Test _ Other (Explain in Remarks) 3, 11. (in.) 4, 12. an.) 5. 13. 6. 14. - 7. 15. 8. 16. Percent of Dominant Species that are OBL. FACIA, or FAC (excluding FAC -1. I 00°/° ,p `, Remarks: ).)Oncip,+\inG nir . i c�eQ_ao�( p L cA.u.`A -1. ) ry d ua at J,,,"odi \-1.M ; kNk M j 4- -y.w4.4w0 s box 1)(AA A HYDROLOGY _ Recorded Data (Describe in Remarks): _ Stream. Lake. or Tide Gauge — Aerial Photographs _ Other o Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: — ktundated Saturated in Upper 12 Inches _ _ Water Marks Drift Lines Sediment Deposits Field Observations: Depth of Surface Water: (r.) '_ Drainage Patterns in Wedands Secondary Indicators (2 or mere required): _ Oxidized Root Channels in Upper 12 Inches _ Water - Stained Leaves _ Local Sol Survey Data _ FAC- Neutral Test _ Other (Explain in Remarks) Depth to Free Water in Pit: / (in.) Depth to Saturated Soil: an.) / Remarks: - l r 1 1 ti t s 1 r e DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) a Project/Site: c,W_Juii AN Are ..S/c0.2 7 ►' atic.0 (. -E Applicant/Owner: Cu—, Lis S, 1lJ t,xc.( Investigator: rS t'_ ; S }°--r Yes Yes c Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) VEGETATION Date: County: WAS r{ State: Mry Community ID: Transect ID: G Plot ID: �- ObSers)N ion P+- Dominant Plant Species Stratum indicator Domina_ntPlant Species Strswm a r 1.° i r d Q ?) at5o.indta c L VACw 9. ► 2. i 1Y\ 9 a in' en S 43,9 K PrCt..1 10. 3. Sci r ¶A)J ' '' -' \`i O1.. 11. 4. i __( 0.trt 1 PA - W 12. S. 13. 6. (in.) _ Oxidized Root Channels in Upper 12 Inches 14. 7. _ Water•Staired Leaves Depth to Free Water in Pit: 15. 8. 16. Depth to Saturated Soil: tin.) _ Other (Explain in Remarks) Percent of Dominant Species that are OBL. FACW or FAC (excluding FAC -). Remarks: Remarks: • HYDROLOGY _ Recorded Data (Describe in Remarks): _ Stream. Lake. or Tide Gauge Wetland Hydrology Indicators: Primary Indicators: Aerial Photographs — Inundated Other Saturated in Upper 12 Inches — _0lo Recorded Data Available _Water Marks �" _ Drift Lines — Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water. (in.) _ Oxidized Root Channels in Upper 12 Inches _ Water•Staired Leaves Depth to Free Water in Pit: (in.) _ Local Soi Survey Data _ FAC - Neutral Test Depth to Saturated Soil: tin.) _ Other (Explain in Remarks) Remarks: • SOILS Map Unit Neme (Series and Phase): Drainage Class: Feld Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Cobs finches} Horizon filbin..l Mcist) fMunsell Moist) Molds Texture. Concretions, A_ bsnnancs/Centrast structure. etc. Hydric Soil Indicators: Histosol _ Histic Epipedon Sulfidic Odor _ Aquic Moisture Regime _ Reducing Conditions _ Gleyed or Low- Chroma Colors Concretions _ H Igh Orgartio Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils _ Uste4+ on Local Hydric Soils List _ Listed on National Hydric Sorts List Other (Explain in Remarks) Remarks: — 'A b r b 1124 - CAA) # Cy4 1, . I s U nno c' SvcSLi WETLAND DETERMINATION Hydrophydc Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? No (Circle) No No (Cirefe) Is this Sampling Point Within a Wetland? ss No Remarks: pprove • by SOILS a Map Unit Name (Series and Phase): yQ t.CJ p'� Drainage Class: Taxonomy (Subgroup): Feld Observations Confirm Mappd Type Yes No profits Dsscriotien: Depth (inches) rori=on jv*e l Meistl (Munseil Moist) • Matrix Color Mottle Colors Mott)* Texture. Concretions, .Jndanee/Contrsst Ptructure. etc. ct6 Hydric Soa Indicators: FGstosol H lstic Epipdon Sulfidic Odor Aquic Moisture Regime _ Reducing Conditions Gleydd or Low- Chrorna Colors Concretions _ High Organic Content in Surface Layer in Sandy Sons _ Organic Streaking in Sandy Soils Ustd on Local Hydric Sons List Listed on National Hydric Sans List _ Other (Explain in Remarks) Remarks: re% f1Gvdn �Af_LJ tt - D c, GC. m..k.p}` . cue wvw.rc.�.� V WETLAND DETERMINATION Hydrophytie Vegetation Present? Wstfand Hydrology Present? Hydric Sobs Present? • No (Circle) No No is this Sampling Point Within a Wetland? Remarks: (Circle) porous • by 1 1 1 1 1 t 1 r 1 1 t t DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) a Project/Site: X1.01 OA Sfrx;1" VY- (cX. l.& Applicant/Owner: ra- cs5 rt+a fLA Investigator: S Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (if needed, explain on reverse.) t No Yes ar, Date: 7 - - - 1 4 County: vs., W State: N Community ID: Transect ID: CD Plot ID: TION HYDROLOGY _ Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge _ Aerial Photographs Other 7414lo Recorded Data Available Field Observations: Depth of Surface Water: 6n.l Depth to Free Water in Pit: (in.) Depth to Saturated Soil: On.) Wetland Hydrology Indicators: Primary Indicators: Inundated 4. Saturated in Upper 12 Inches_ Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary indicators (2 or mere required): _ Oxidized Root Channels in Upper 12 Inches Water- Stained Leaves _ Local sea Survey Data FAC - Neutral Test Other (Explain in Remaaks) Remarks: Dominant Plant Species Stratum 11212EM. Qorninant Plant Species . Stratum ndicator 9. 4i,P, , to /A K Fi4e.w+ 10. 2. C.cY\v(\u q S *n\ o o; A.C. St u‘.4 11. 3. NSCkeo1G S'►nCGrr\ V\ (-- 12. 4. So\ ∎ Ckt c c,. i a- r't ±.r d 1-A __t_ 13. 5. c L ,st, ra.dQ 4.0 M %P 14. e. 15. 7. 15. S. Percent of Dominant Species that are OBL. FACW or �} C a J (excluding FAC -). IV .) Remarks: o HYDROLOGY _ Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge _ Aerial Photographs Other 7414lo Recorded Data Available Field Observations: Depth of Surface Water: 6n.l Depth to Free Water in Pit: (in.) Depth to Saturated Soil: On.) Wetland Hydrology Indicators: Primary Indicators: Inundated 4. Saturated in Upper 12 Inches_ Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary indicators (2 or mere required): _ Oxidized Root Channels in Upper 12 Inches Water- Stained Leaves _ Local sea Survey Data FAC - Neutral Test Other (Explain in Remaaks) Remarks: SOILS a Map Unit Nam. ,^� (Series and Phase): +2rZ > C ) OW Of:- Taxonomy (Subgroup): Drainage Class: Field Observations Confirm Mapped Type? Profile Description: apth Matrix Color Mottle Colors Mottle Texture. Concretions, (inches) Horizon LMunseri Maisc► SMunseil Moist) Abundsne.1Coner.sr S • re. etc. 0 -1 P� Hydric sea indicators: „)HGstosoi H istic Epipedon Sulfdic Odor Aquic Moisture Regime Reducing Conditions __. Guyed or Low-Chrome Colors U Concretions _ High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List _ Listed on National Hydric Seas List Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophyt)o Vegetation Present? Wetland Hydrology Present? Hydric Soas Present? No (Circle) No No (=Me) Is this Sampling Point Within a Wetland? )lo Remarks: .• l pprove • by 1 r t 1 1 1 1 r 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) a Project/Site: 5‘illvacAe-A 5100 3 2eiTW\ Q-'(2. Applicant/Owner: e ,' 9 of Ski 14 \.)cA Investigator: e-S - - P3 Date: 3-1 g -9 County: w i SH State: yr' Do Normal Circumstances exist on the site? Yes No Is the site significantly disturbed (Atypical Situation)? Yes No Is the area a potential Problem Area? Yes No (If needed, explain on reverse.) VEGETATION Community ID: Transect ID: I Plot ID: Dominant Plant Species Stratum jndicator Oomina_nt Pfsnt Species Stratum insfigatsm. 1. C)nOC (eA sensi b; VS \-lab 4.14 9. 2.(orrlv5 SinAon; ck 5}Ir■6 FAC.vJ 10. 3.5LS(Q)S Cyoeri(WS Kerb, (D6 L— 11. 4.the lip \eriS rteiltroi tP-S >rlvth F L-WA- 12. 5. EA.A6r, dP4 G. Ke-ib cACvJ - 13. Dretreini6iei 6. 14. 7. 15. g, 16. Percent of Dominant Species that are OBL. FACW or FAC (excluding FAC -). 100°)o Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge — Aerial Photographs _ Other -/- - No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated .Saturated in Upper 12 Inches Water Marks _ Drift Lines Sediment Deposits Field Observations: Depth of Surface Water: (in.) — _ Drainage Patterns in Wetlands Secondary indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches _ Water - Staired Leaves _ Local sea Survey Data ZC FAC - Neutral Test 5'•0 _ Other (Explain in Remarks) Depth to Free Water in Pit: (in.) Depth to Saturated Soil: (] an.) Remarks: 1 SOILS a Map Unit Name 11 (Series and Phase): 454 C M a n ton•.e. d.;.4 too" y Sc. n Taxonomy (Subgroup): 24 c- VGl i QSr, Mrrs v�jC Profile Description: Depth Matrix Color (inches) }lorison LMuns.11 Moist) L) -I O )010,311 Mottle Color* (MunseN Moist) Drainage Class: re c9.44iV t3 C( Feld Observations Confirm Mapped Type? Yes No Mottle AbundsneelCont,. Texture. Concretions, structure. etc. LP-S Hydric Soil Indicators: H)stosol Histic Epipedon Sulfidic Odor Aquic Moisture Regime _ Reducing Conditions —X Gieyd or Low- Chroma Colors X Concretions _ High Organic Content in Surface Layer in Sandy Soils _ Organic Sneaking in Sandy Soils Listed on Local Hydric Sods List Listed on National Hydric Solis List _ Other (Explain in Remarks) Remarks: S Q W QA-4 rno 4 \,16 c of vans rw- - 4-cotixwn , l b -15s ) , tom► } i�'s 4o u Q ruc.A So'1 ht an ir)c,)Q-u5■ cy -\ WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? No (Circle) No No (Circle) Is this Ssrnping Point Within a Wetland? Ye No Remarks: A pprowd by NQuSACE g,92 t a 1 1 1 1 1 1 1 f DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) • Project/Site: Sh1.\wr ij SlO\) 2\\M Q Q Applicant/Owner: CAL a� h-i Il k Investigator: S R Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? es Is the area a potential Problem Area? Yes (If needed, explain on reverse.) Date: -ISs- County: u1/4)(--s f 1 State: MN Community ID: TransectID: Plot ID: VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species nt fir„ *1.CamuS SNlp \o„;kAa. f,1 „\,-, Fiktt,j 9. MeuCh.RAG1, ric.V14rwon; rf ¢rt-.) c.-- 04..-- ,rz. P \droPo °ion &nadM kA.ub FAC.- 10. i;arr4 .43.ro.94r■A V∎r' n \-Anb �C` - 11. 44. C IR , Nino F AL 7 12. 5. Spirt a o..Q CJ4 1- U-A,1/) F IAGt") 13. 6. rt ha \c•CATvw1 dri5yQ4rovm 1'V," LfXW — 14. 4-3. POA 91-ak_Y1s\ S MexicA GA.0 --- 15. Onot`t?G S21'1500 \5 \■1/ ‘P.A&-+ii 16. Is. Percent of Dominant Species that are OBL, FACW or FAC 3/6 = 507 (excluding FAC -). Remarks: HYDROLOGY — Recorded Data (Describe in Remarks): — Stream. Lake, or Tide Gauge Aerial Photographs —_ Other No Recorded Data Available Wetland Hydrology Indicators: Primary Ire :caters: — Inundated Z_ Saturated in Upper 12 Inches _Water Marks _ Drift Lines — Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches _ Water- Stained Leaves _ Local Sod Survey Data _ FAC - Neutral Test — Other (Explain in Remarks) Field Observations: Depth of Surface Water: (in.) Depth to Free Water in Pit: fin.) Depth to Saturated Soil: R Gn.) Remarks: SOILS a Map Unit Name (Series and Phase): 4-S14 C. N1Gh1r-Oressc ,■ San Taxonomy (Subgroup): 4021 C. Uci i PSarANIA -- Profile Desgcriotion: Depth (inches) Horizon Matrix Color ih nsNl Moist) ) WAR 3/1 - 10IL112 Motile Colors Mottle (MunseN Moist) Drainage Class: !X C.o...14.‘atko Feld Observations Confirm Mapped Type? Yes (NO) Abundanca/Contrest Texture. Concretions, Structure. etc. St_ p--Ls Hydric Sod Indicators: Hlstosol _ Histic Epipedon Sulfidic Odor Aquic Moisture Regime _ Reducing Conditions Gleyed or Low- Chrorna Colors Concretions .1r _ High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils _ Listed on Local Hydric Soils List _ Listed on National Hydric Saris List Other (Explain in Remarks) Remarks: Irv:Al■ .■ n c _l$`� - WA-- 4-a K9.-,n WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Yes (6) (Circle) cfsNo No (Circle) Is this Sampling Point Within a Wetland? Yes No Remarks: ` -rn's PI* Its I r1 r1 2-01%)2_ - -�ranSi�-io j= oh 1.0 2k \ \ J L t cx\ i s so °low l Jl5 D °i,, non f c , pprove• by t a 1 1 • 1 1 1 t 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) a Project /Site: SI;Vly a SI OD 3 Lt;O■ Q, Q. Applicant/Owner: CI' \--\ o-C Brit.v. Investigator: Q. 5 P s 0) Date: -; • 1 cg -5 County: w S I( State: MN Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? es Is the area a potential Problem Area? Yes I (If needed, explain on reverse.) VEGETATION Community ID: Transect ID: T Plot ID: .3 wk Dominant Plant Species Stratum Indicator Dominant Plant Species 9 Stratum tndcsto 1.5 Ur,;'ye&C,mt+vw, sLo44riuel M FW. J— 9. _ _ Drainage Patterns in Wetlands Secondary Indicators (2 or mere required): _ Oxidized Root Channels in Upper 12 Inches _ Water- Stained Leaves _ Local Sou Survey Data FAC- Neutral Test _ Other (Explain in Remarks) 2. So\i daga Cara kil.rrNSi5 = P*C -J 10. Depth to Saturated Soil: 3.CA)mq*dna vvsn`rAet kt t'1 Face 11. 4.\I trvn\C4sk'ror, 4ir91NiCUM LA FAI-C" 12. 5. c -iX Si) 1 , FRL-?. 13. 6..Fra50,r' a vdr5� art.■ k--1 FN-L' 14. 7. 15. a. 16. Percent of Dominant Species that are OBL. FACW or FAC (excluding FAC-). C.uf v./ Sc ". i S U t1, w2.A ta,tJ ip .: l i9% Remarks: Y _ Recorded Data (Describe in Remarks): — Stream. Lake, or Tide Gauge — Aerial Photographs — Other No Recorded Data Available Wedand Hydrology Indicators: Primary Indicators: — Inundated _, Saturated in Upper 12 Inches _ Water Marks _ Orift Lines Sediment Deposits Field Observations: Depth of Surface Water: An.) _ _ Drainage Patterns in Wetlands Secondary Indicators (2 or mere required): _ Oxidized Root Channels in Upper 12 Inches _ Water- Stained Leaves _ Local Sou Survey Data FAC- Neutral Test _ Other (Explain in Remarks) Depth to Free Water in Pit: (in.) Depth to Saturated Soil: 6n.) Remarks: X) 0 1.16t11710 Z1.- 1 • SOILS a Map Unit Name (Series and Phase): 4514 G Macro\ -0 Taxonomy (Subgroup): st- '1 (.. VGI i p csa Profile Description: Depth Matrix Color finches) Horizon nEIB Moist) o -IC?. 10V-- 3/4 Mottle Colors (Mune'', Moist) • Drainage Class: e I x...d, 4 L a e'&a.v,e_e-+ Feld Observations Confirm Mapped Type? CYes) Ne Mottle Texture. Concretions, ftrtrcture. etc. lnulcmrast 5 (r Hydric Son Indicators: Histosol _ Histic Epipedon Sulfidic Odor _ Aquie Moisture Regime _ Reducing Conditions _ Gieyed or Low - Chrome Colors Remarks: Concretions _ High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils _ Usted on Local Hydric Soils Ust _ Listed on National Hydrae Sods Ust Other (Explain in Remarks) WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Yes Yes Yes (Circle) ("Circle) Is this Sampling Point Within a Wetland? Yes No Remarks: pprove• •y r r 1 1 1 t DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) a Project/Site: '1 Applicant/Owner: S-k lfwallA Investigator: RS )2) p� Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) Date: -7- - -`!1 County V.1 State: MA) Community ID: Transect ID: 2 Plot ID: VEGETATION -- flD m;r,4r�ES_ Dominant Plant Species Stratum Judicator pon inant Plant Species Stratum 'macaw_ 41. Vil,vrnurh 1Pn-li'c 6,0'1 Shruh F tCt 9. 4C-2. Sal1'X N;,9ra. /0.4 Shruh 06L 10. (in.) x3. 6e t" a1se.op icy rn )d °/' Mark 1= j-C+ 11. (in.) 4. T 'h c,1 -le c, r x• 9 an.) ilS. O f\ 'D. C. Q S e r S, h, I l SIDi Mr h FRCO 13. 8. – ' .. 14. 7. 15. 8. 18. Percent of Dominant Species that are 091., FACW or FAC (excluding FAC -). ald ; 1()v Remarks: HYDROLOGY — Recorded Data (Describe in Remarks): — Stream. Lake, or Tide Gauge Aerial Photographs �/ _ _ Other . No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: — Inundated „..Saturated in Upper 12 Inches _ Water Marks _ Drift Lines — Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Water - Stained Leaves +_ Local Sod Survey Data _ FAC - Neutral Test _ Other (Explain in Remarks) _ Field Observations: Depth of Surface Water: (in.) Depth to Free Water in Pit: (in.) Depth to Saturated Soil: 9 an.) I Remarks: t 1 1 1 1 1 1 r SOILS a Map Unit Name (Series and Phase): 4 4 Ci iii 1"41., ('R2 cQ 1 L 041'11 �,viC -1Z°/ Drainage Class: CxCCdd.WLy G(.Acww Taxonomy (Subgroup): U d i P SO r t L1\{ jYp) L Field Observations U Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color (inches) Horizon LMunsall Moist) (Munson Moist) Motde Colors Motile Abundanee/Contrq 0- 2 I0YR 3/2- %-‘ f3) 10YL 3/1 1012. `viz_ Texture, Concretions, Structure. etc. SL 1-t4, 0,r SL hi D,e Hydric Soil Indicators: Histosol _ Histic Epipedon Sulfidic Odor _ Aquic Moisture Regime _ Reducing Conditions „X Gleyed or Low - Chrome Colors Concretions High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils _ Listed on Local Hydric Soils List _ Listed on National Hydric Solis List _ Other (Explain in Remarks) Remarks: "►"his s o ii1 n b 2 'i Y,�nna; 41 Of be+t,trum fnr+ M it.adLi 4 I L er.A. . ILi n, S LtAl- So IS a.%.t Sly q o g Ovum& ;,,,, rvtakktr dt,i o WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? No (Circle) No No Remarks: (Circle) Is this Sampling Point Within a Wetland? No I► pproved by i(QUSACE 219 r 1 1 1 1 1 t DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: 5k- if + 44 2- e-di1A (e Q • Applicant/Owner: Investigator: %(4 Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? of needed, explain on reverse.) VEGETATION D Date: ) - 5 �- County: J A-S 4 State: MA/ Community ID: TransectID: 3 Plot ID: Dominant Plant Species Stratum beggar_ Dominant Kent Species Rtratum Me= 41e. COMOs -Coen, ;no. Shrv17 FA ,Vi- 9. Ant t.33- 1_? r df2".L.1 H F otc-w car.t.), s Q + FA{, 7. 10. 12. > . �j., i5-e- �, t-,p H FAC-4( 11. 44. </41 i um bor0Aa, H FA-C- 12. 5. cG 1,'.0 o. SI,r o'gl.: 13. (\k 8. Tl 0 11(Aet IS .kkm1�. rD lc \-\ FPC.,vi 14. 7., T. �G SV C ci r P,) M )-k P .0- 15. It. ■ r Q f eSS k N •c-v k' 15. Percent of Dominant Species that are OBL. FACW or FAC (excluding FAC -). 10O °/o Remarks: YDROLOGY _ Recorded Data (Describe in Remarks): — Stream. Lake. or Tide Gauge — Aerial Photographs _ Other _ No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated „Y__ Saturated in Upper 12 Inches Water Marks !_ Drift Lines _ Sediment Deposits _ Drainage Patterns in Wedands Secondary Indicators (2 or mere required): Oxidized Root Channels in Upper 12 Inches _ Water - Stained Leaves _ Local Soil Survey Data _ FAC - Neutral Test _Other (Explain in Remarks) Field Observations: Depth of Surface Water: 6n.) Depth to Free Water in Pit: (in.) Depth to Saturated Soil: Gn.) Remarks: SOILS a Map Unit Name (Series and Phase): `-(C M Ah rnQk 1cceNnts Drainage pass: @XCQ a t r Taxonomy (Subgroup): 140. L UO& ; Field Observations Confirm Mapped Type? Yes Profile Description: Depth Matrix Cater Mottle Cebu �inchea) Horizon pNunsef Most) 0-:k to 'a 312 c6 Lo I Q i 'i 12- 1Munsell Moist) r 4n 1,-44Lk& o Mottle zdane&Centrast Texture. Concretions, Structure. ere. Hydric Sort Indicators: Histosol Histic Epipedon Sulfidic Odor _ Aquic Moisture Regime _ Reducing Conditions ,! Gleyed or law- Chroma Colors Concretions _ High Organic Content in Surface layer in Sandy Soils _ Organic Streaking in Sandy Soils _ Listed on Local Hydric Soils List Listed on National Hydric Soils List _ Other (Explain in Remarks) Remarks: "14) - OY1Cl1 6e-CV rvo}- 1 N.21/) . 1 WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? 4 No (Circle) No es No (Circle) Is this Sampling Point Within a Wetland? CYas No Remarks: ppro by I 1 • 1 1 1 r 1 1 1 1 t 1 1 i DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) a Project/Site: SS-F,I\wc,ty 6)ODJ -'Q- Applicant/Owner: CA o Sti \! V3CA A t Investigator: LS a, 'P 3 Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) Date: 3 - i -� - County: ' h %-S H State: Mn/ Community ID: Transact ID: 3 Plot ID: I Dominant Plant Species Stratum Shru h lesikam PR{A,-) - Dominant Plant Species gtrattun it I. P 0 (10 S P,rr.O, 9. 2. SO\i x t1' T 061- 10. yrk Lac c.), -r 17k-1.J 11., �c..3. W.A.T. raS--/CGr Qvm :V FACt• 12. I m b car el Ut }--1 it.,- C- 13. 11(--5. n(GG 6. POO VA) 1JS>I-t ■ S -A<-14.)-se 14. 7. a n e rn.G Cc( C\ C. ANA-.n �l. MC.A) 15. 16. ' Percent of Dominant Species that are OBL. FACW or FAC )01//0 (excluding FAC -). / Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): _ Stream. Lake, or Tide Gauge _ Aerial Photographs _ Other No Recorded Data Available Field Observations: Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil: (in.) rn.) �l0 Gn.l Wetland Hydrology Indicators: Primary Indcators: Inundated Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches _ Water- Stained Leaves Local Soii Survey Data FAC - Neutral Test ,,_ Other (Explain in Remarks) Remarks: SOILS 1 Map Unit Name (Series and Phase): 4S-4 c- M >*.ccSL-N Lam r•V, Soo Q 7 Drainage Class: r Taxonomy (Subgroup): TV ) '..c— V (t OSSC) cti4- ' Field Observations i __-j is Confirm Mapped Type? k,Yes_No Profile Description: Depth )inches) }loriton O- ►t.v I cam; = 20 Matrix Color Grnse', Moist) U'Y2.313 10%1 Q--31 1 u Y2 `A I L Mottle Colors (Manse', Moist) Mottle Texture. Concretions, itaMinel'Centrast Strueture- etc. St, S1✓ Hydric Sorl Indicators: Histosol _ Mimic Epipedon Suifidic Odor _ Aquic Moisture Regime _ Reducing Conditions Gloved or Low- Chroma Colors Concretions r High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils _ Listed on Local Hydric Soils List Listed on National Hydric Solis List _ Other (Explain in Remarks) *marks: (14■J rr:,r e\ ct-KkA l tit( WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Sags Present? No (Circle) (Circle) Is this Sampling Point Within a Wetland? Yes to } Remarks: 441- A 4-'t'4rn\ i r∎en _ 2ckc , pprove• by •.r T' t 1 a 1 1 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) a Project/Site: .S-fi1\vritti, SIW Applicant/Owner: Sk111w Investigator: QS(2 1�5 Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) VEGETATION Date: -`(r -y County: w 1061 -f State: 1.4/4 Community ID: Transact ID: 4 Plot ID: pominant Rant Species Stratum Indicator Dominant Plant Species Stratum fndesto . 1. C- CAA.2./X S i t.A-a µ cps L- 9. Aerial Photographs 2. I\2 rADnQ 0.0 r.. a d..0•44:,/ ( (c<-- (") 10. _ Inundated Q r urn t S G monk. -u T FAC O. or Up\ 11. 4. '- #h t,1 1.ro t W 12. . 5. 901‘ d a Co nci ciRMt ;.4 FA-C.. J 13. 6. \-1 p-e r% Wrn p,.vram144 yr . PACs- 14. _ Drift lines 7, 15. , 16. _ Drainage Patterns in Wetlands Percent of Dominant Species that are OBL. FACW or FAC , (excluding FAC -). --- J�o Remarks: Depth of Surface Water: HYDROLOGY Recorded Data (Describe in Remarks): — Stream. Lake. or Tide Gauge Wetland Hydrology Indicators: Primary Indicators: Aerial Photographs _ Inundated Other X Saturated in Upper 12 Inches _ No Recorded Data - Available Water Marks _ Drift lines — Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: (in.) .2K. Oxidized Root Channels in Upper 12 Inches Water - Stained Leaves Depth to Free Water in Pit: (in.) _ Local Soil Survey Data _ FAC - Neutral Test Depth to Saturated Soil: f ( On.) _ Other (Explain in Remarks) Remarks: SOILS • Map Unit Name (Series and Phase): 4' t (� o-4-;4 -i Si \ 10a (V1 Taxonomy (Subgroup): T ` \ 0.5% O ip Dr-c Profile Description;, Depth finches) }triton o -1► Matrix Color (Mansell Meist) Mottle Colors !MI -MAUL- AbSrr+dance/Centrast Drainage Class: 0 Field Observations Confirm Mapped Type? Yss �Nja l Mottle Texture. Concretions, Structure. etc. IUYf'I 2- SL. SL Hydric Sod Indicators: Histoso' Histic Epipedon Sulfidic Odor _ Aquic Moisture Regime _ Reducing Conditions „2‘ Gleyed or Low - Chroma Colors Concretions _ FGgh Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils _ Listed on Local Hydric Sons List _ Listed on National Hydric Spas List _ Other (Explain in Remarks) Remarks: - abaQA {v 0 S h e f _4L&i.ao A -4- c CAS Copi2, - i C..tugi iM. WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? No (Circle) No No Is this Sampling Point Within a Wetland? No Remarks: porous by 1 1 1 1 1 t DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) a Project /Site: S hllv.A%dA S)oO3 ~ ,(P- , Applicant/Owner: C' 11 oc S'�\1w Investigator: 2 PA Date: -- )x-91 County: w a-s ti State: M t✓ Do Normal Circumstances exist on the site? CYe No Is the site significantly disturbed (Atypical Situation)? Yes Is the area a potential Problem Area? Yes Of needed, explain on reverse.) VEGETATION Community ID: Transect ID: Plot ID: Dominant Plant Species Stratum Indicator Don*.nt Plant Soeeiss Stratw^ Wetland Hydrology Indicators: Primary Indicators: _ Inundated _ Saturated in Upper 12 Inches _Water Marks _ Drift Lines — Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches — Water-Stained Leaves _Local Soo Survey Data FAC- Neutral Test _ Other (Explain in Remarks) Field Observations: Depth of Surface Water: (in.) 2. ('\Ofto -aa �: sVv Ios' 1'1 (A) 10. Depth to Saturated Soil: 3. VLCDr1∎CgS'KuwN V If 5"11 W.n\ (- r-' "►tc., ' 11. 4. S )\ t clk c CG. n G cQ_AMAA.O N` FP CO 12. 5. 90a. pc u \-emd.w 1-I Ff4C— 13. 6. PcQv\J(.. �0\9.A.A.G.0,"•-c, -1-- U0l, 14. 7. 15. 16. . Percent of Dominant Species that are OBL. FACW or FAC a / (excluding FAC -1. _ , 3 °/,.) Remarks: _ Recorded Data (Describe in Remarks): — Stream. Lake, or Tide Gauge — Aerial Photographs — Other No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: _ Inundated _ Saturated in Upper 12 Inches _Water Marks _ Drift Lines — Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches — Water-Stained Leaves _Local Soo Survey Data FAC- Neutral Test _ Other (Explain in Remarks) Field Observations: Depth of Surface Water: (in.) ( Depth to Free Water in Pit: (in.) Depth to Saturated Soil: an.) Remarks: No o∎ cO ‘ 0 SOILS a Map Unit Name (Series and Phase): Drainage Class: Feld Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes No Profile Description; Depth Matrix Color (inches) }(orixoni nseil Meist) () Q.3)3 Motile Colors Motile Texture. Concretions, (Munn, Moist) itkEndeMeregMinl ¢tructure, etC, Hydric Soil indicators: Histosot _ Histie Epipedon Suifidic Odor _ Aquic Moisture Regime _ Reducing Conditions _ Gleyed or Low - Chrome Colors Concretions _ High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils Listed on Local Hydric Soils List _ Listed on National Hydric Seas List _ Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophydc Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Yes Yes Yes (Circle) (Circle) Is this Sampling Point Within a Wetland? Yes No Remarks: pprove by r r• 1 1 1 1 1 1 1 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project /Site: S* I wc✓tt, S l oo 2 c-p }tvt RA, Applicant/Owner: -" O S-ti.114A etkLA Investigator: (L S.2 2 Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) s Date: County: State: Community ID: Transect ID: 5 Plot ID: VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Boccie: Straturn JECIESM. 1. Phq r`S CrV,ndinct(34 r C= aLvi.- 9. 10. 2. i--1-c.1( ovw*A berosiS i-1 FIA( -- 11. 3. 'f' , (iQA Ccir '0 rA 1-1 Fi4C.V) 4. PNA.ODJ S oc.LOO(.h-oUQ 1 ( UP 1 12. 5. Ze 2 irc,t, f 13. 6. 14. 15. 7. 16. S. Percent of Dominant Species that are OBL. FACW or FAC 3 1 S ` to o e10 (excluding FAC -). Remarks: Ea 3-e-- O Cut r.<✓; HYDROLOGY _ Recorded Data (Describe in Remarks): — Stream. Lake, or Tide Gauge Wsdand Hydrology indicators: Primary Indicators: Aerial Photographs — Inundated !_ Other o Recorded Data Available , j Saturated in Upper 12 Inches _ Water Marks — Drift Lines _ Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Secondary indicators (2 or mere required): Depth of Surface Water. On.) Oxidized Root Channels in Upper 12 Inches _ Water - Stained Leaves Depth to Free Water in Pit: fin.) _Local Soo Survey Data — FAC - Neutral Test Depth to Saturated Soil: q 6n.) _ Other (Explain in Remarks) Remarks: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SOILS ., Map unit Name ��^^�� `` ` n� (Series and Phase): 4` 1 C P (i'Iti Calm S I 1 T 1 �a rv1 Drainage Class: ()JP Q/ Y SI1•Cu "¢ Field Observations Taxonomy (Subgroup): _14 A C- cSt.L)-e-O cr. Confirm Mapped Type? Yes No Pref h. Cescriotion: Depth Matrix Color Mottle Colors Mottle Texture, Concretion, (inches) Horizon ONxnuelh Meistt 1Munsell Moist) Abu--- n'd!^c!Sr.4n f tructurs= etc. 1)_! IUY23)i S i L • Hydric Soil Indicators: _ Histosoi _ Concretions _ Histie Epipsdon _ HIgh Organic Content in Surface Layer in Sandy Soils _ Sulfdic Odor _ Organic Streaking in Sandy Soils Aquic Moisture Regime _ Usted on local Hydric Soils List _ Reducing Conditions _Listed on National Hydric Solis List 'Gleyed or low- Chuoma Colors _ Othwr (Explain in Remarks) Remarks: (%1'2S 1 Crilt`- 4'1,■1 5 . 2 S Ur, - frenvt co,".t... ed broM p,� WETLAND DETERMINATION Hydrophydc Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? No (arch') No No Is this Sampling Point Within a Wetland? (Circle) No Remarks: pprove • by ' • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) a i. Project/Site: c-1-i)1 vJ&4ct' 51k; Applicant/Owner: G' ,S- h CA) ct Investigator: I' 0 S Date: —4-1g- County: \N451{ State: M/1 Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) VEGETATION eses Yes Community ID: Transect ID: l0 Plot ID: Dominant Plant Species Stratum haulm, Dominant Plant Species Strstum kEartae_ 1. PhG tut 'Is i; r„✓,chnGCQ4 I`1 GACu)+ 9. 2.co tidac 'I'gGr,1nPw tom-.! rAck) 10. 3.17 C\Giy('uravrn - Fi -C,vJ 11. 4.1ck -r r M Pk._ v3 12. PaIvs'cc1S 5.00C flv S S'ro 1 on. 1 G fr I Fi r C ij 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL. FACW or FAC ( (excluding FAC -). 10 D , Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): _ Stream. Lake. or Tide Gauge _ Aerial Photographs _ Other 7� No Recorded Data Available Field Observations: Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil: (in.) lin.) 6n.) Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 Inches Water Marks Drift Lines _ Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Water- Stained Leaves _ Local Sort Survey Data _ FAC - Neutral Test _ Other (Explain in Remarks) Remarks: SOILS a Map Unit Name (Series and Phase): Drainage pass: Field Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color finches) Horizon lMurseil Most) Mottle Colors lMunsell Moist) Mottle Abundanc.PCentrast Texture, Concretions, litrueture. etc. SL Hydric Sail Indicators: Histosol _ Histic Epipedon Sulfidic Odor _ Aquic Moisture Regime _ Reducing Conditions _ G(eyed or Low- Chrons Colors Concretions High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Sals _ Listed on Local Hydric Soils List Listed on National Hydric Soils List _ Other (Explain in Remarks) Remarks: Sc rr\e_ SDi \ coo 0.k- two, tX cui} 1-hi %'`cts or) 3" s;Q i,�a.� ci 40-c J , k/t�.t, t b,3wi do -t t i cka- , c j WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? No (Circle) No No (Circle) Is this Sampling Point Within a Wetland? Ye No Remarks: pprovs• by r- 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: ,•-∎1\v.WCk 12-, Applicant/Owner: Ci S'c-12/, Investigator: RscA.. VYZ. Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Yes Is the area a potential Problem Area? Yes (If needed, explain on reverse.) VEGETATION 0 M Date: 9---1%-C71 County: \,0 AS 1-1 State: h-1 rJ Community ID: Transect ID: 4 Plot ID: -Z pertinent Plant Species Stratum indicator Dominant Plant Species Stratum k+ icato • ki'I. Sa1idG Corn/Wk./IAA ►4( FAc_U 9. G-" 2. Poe-, Pc AA/n.46) N FRC.— 10. nnn >f. �JrorcluS \ 1 rNPr,mos r_ VQL 11. 4. Ua-nervd2t� �ahadRM o _ H FNC.. 12. 5. ASt.Qe.p i G S,6 r ■ ctc 0. ,,,...0\., 13. .s _I.__ 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL. FACW or FAC 100‘)/0 (excluding FAC -). Remarks: LOGY _ Recorded Data (Describe in Remarks): _ Stream. Lake. or Tide Gauge — Aerial Photographs _ Other - No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: _ inundated _ Saturated in Upper 12 Inches Water Marks _ _ Drift Lines _ Sediment deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): — Oxidized Root Channels in Upper 12 inches _ Water - Stained Leaves _ Local Sol Survey Data _ FAC - Neutral Test _Other (Explain in Rsmaiks) Field Observations: Depth of Surface Water: / 6n.) Depth to Free Water in Pit: / (in.) Depth to Saturated Soil: / In.) • Remarks: 00 0 Vlv d•C -0\0 1 SOILS 4 Map Unit Name (Series and Phase): f-f1-N -; cto S l LoG(`A Drainage Class: Field Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes No Profile Description: Depth finches) tlorizon Matrix Color btli e0 Meist) Motile Colors Mottle Texture. Concretions. IMunsell Moist) Abundance ntrast Structure.. etc. 5U Hydric Sol Indicators: Histosol _ Histic Epipedon Sulfidic Odor _ Aquic Moisture Regime _ Reducing Conditions _ Gleyed or Low - Chrome Colors Concretions High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils _ Listed on Local Hydric Soils List Listed on National Hydric Soils List _ Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydrae Soils Present? Yes Yes Yes (Circle) (Circle) Is this Sampling Point Within a Wetland? Yes Remarks: ppro by 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) a Project/Site: ,C411/1Aqi.vi ' G'G.0 I I CA'') 4 Applicant/Owner: C , -I- oC ,c+,// v' Ax4 Investigator: 2S' i P,? Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (if needed, explain on reverse.) Date: 7 -q County: Pt/11-S H State: MA) YeS No 'des Na Yes uo Community ID: Transect ID: / Plot ID: __�[_ VEGETATION Dominant Plant Species Stratum Indicator pominant Plant Softies Stratum teem. 1 . e w w , r\ vv J O. 1--1 IP/4C w+ 9. 2. PDl.icVTnvrr ctrl S -Ivor, i Cvm 1-1 FJ4C. WW.- 10. Field Observations: Depth of Surface Water. 3..SD11(a%!,t) 0+06n1-?C( P rt-W 11. 12. 13. 14. 15. 16. Depth to Free Water in Pit: 4. PuAvi',0i her,;e.Y\S` -s 0 FRCAA- fin.) 5. Depth to Saturated Soil: 1 6. Gn.) 7. 8. Remarks: { . Percent of Dominant Species that are OBL. FACW or FAC (excluding FAC -I. /""cc)f0 Remarks: HYDROLOGY Recorded Data (Desert)* in Remarks): Wetland Hydrology Indcators: Primary Indicators: Inundated -.,k Saturated in Upper 12 Inches _Water Marks Drift Lines — Sediment Deposits — Drainage Patterns in Wetlands Secondary Indicators (2 or mere required): .„ Oxidized Root Channels in Upper 12 Inches i _ Stream. Lake. or Tide Gauge 1 Aerial Photographs — Other No Recorded Data Available Field Observations: Depth of Surface Water. Gn.) Depth to Free Water in Pit: fin.) _ Water- Staired Leaves _ Local Sod Survey Data _ FAC - Neutral Test _ Other (Explain in Remaks) Depth to Saturated Soil: 1 0 Gn.) Remarks: { . SOILS • Map Unit Name (Series and Phase): M l vi FDP cA.Z- i sc A Taxonomy (Subgroup): l u ✓d p %Ci W� N Profile Description: Depth Matrix Color finches) HorizonL Aunseit Meistl Motde Colors (Munsell Moist) Drainage Class: UXC . iL. (- e j1C A-.V2Q Feld Observations Confirm Mapped Type? Yes Na� Motde Abundanee/Contran Texture. Concretions, Structure. ate. Hydrie Soil indicators: Histosol Histic Epipedon Su)fc Odor Aquic Moisture Regime — Reducing Conditions Gleyed or Low - Chroma Colors Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils _ Listed on Local Hydric Sofia List _ Listed on National Hydrie Sods Ust _ Other (Explain in Remarks) *marks: 3it.81 c1 Ct-+ WETLAND DETERMINATION Hydrophytio Vegetation Present? Wetland Hydrology Present? Hydrie Soils Present? No (Circle) No No Is this Sampling Point Within a Wetland? (C)rele) No Remarks: ( Approve • by ' • CE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) a Project/Site: $-hli\,,rvl-b - (-rocs AppGcant/Owner. €+-d l yr cutIA Investigator: D S hS Date: 3- I E -`7 County: wa S M State: tin/ Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (tf needed, explain on reverse.) Community ID: Transect ID: Plot ID: ETATION 1 DomminantPlant Species Stratum )ndicator Dominant PlentSvecies meuesoussemp Stratum beam_ 1. f (rU,ndi noc#.G ■-'1 FP ( WA- 9. _ _ Water Marks . 2.P. v4,w,,,^^ I-4 -C-W+ 10. __ Sediment Deposits per1.34 3.5, 51 cvvv62o hi C \A) 11. /On.) 5 4. {t-, pllA4ilenIed5) S —L1 c A) 12. 5. 13. _ _ Local Sea Survey Data 6. 14. _ FAC - Neutral Test — Other (Explain in Renurks) 7. 15. \ 8. 16. . Percent of Dominant Species that are OBL. FACW or FAC I-460/ /6 (excluding FAC -). Remarks: DR LOGY _ Recorded Data (Describe in '_ Stream, Lake, or _, Aerial Photographs Other No Recorded Data Available Remarks): Tide Gauge Wetland Hydrology Indicators: Primary Indicators: Inundated _ Saturated in Upper 12 Inches _ _ Water Marks Drift Unes __ Sediment Deposits Reid Observations: . Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil: /On.) — Drainage Patterns in Wetlands _ Secondary indicators (2 or mere required): _ Oxidized Root Channels in Upper 12 Inches / fin.) Water - Stained Leaves _ _ Local Sea Survey Data _ FAC - Neutral Test — Other (Explain in Renurks) ..Gn.) Remarks: N O { u, (� &. . t c* , . SOILS a Nap Unit Name (Series and Phase): 1� U h h-,' 614 I GY+ vwe ti _`sG u Jj Taxonomy. (Subgroup): '1- -tva.�L i Q, Profile Descriotion: Depth finches) Herizon Matrix Color IMMefl Moist) Q — I LP ) Uyr"< 511 y/N Motde Colors Mottle AbundanealCorrtrast (Hansen Moist) Drainage Class: . W reL0.. Feld Observations Confirm Mapped Type? Yesrhibm Tars, Concretions, Structure. etc. �S L ,S) L Hydrae Sol Indicators: Histosol _ Mimic Epipedon Sulfidic Odor Aquic Moisture Regirne _ Reducing Conditions 401eyed or Low -CMoma Colors Concretions _ Nlgh Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils _ Listed on Local Hydric Sods List Listed on National Hydric Solis Ust _ Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydrae Sods Present? • No (Girds) (Circle) 1s this Sampling Point Within a Wetland? Yes (tai Remarks: • c pprova by 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SAD DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: 51-1 l(t* 11t C fps �"�is• � Applicant/Owner: Investigator: a—S Q__ QJO Date: 1,07-7 County: t i i State: MI.J Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) Yes No Yes No Yes No Community ID: Transect ID: Plot ID: VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. (a-) > r, r g-tIAe o. cam+ FgC.Wk- 9. r10 2. l ale.4c r p 10. _ 3. C64RJf Jls/nG FACto— 11. 4.5.,N u Ctflx.f-,p,,I- 061. 12. 5. JUI,UK > (104?- «,�.,j t • • -PC,V 4- 13. e. .C_.),11 se ' FRCv-) 14. 7. tr■S 1(rAr0,r� (06.- 15. s. / 16. Percent of Dominant Species that are 081, FACW or FAC o (excluding FAC -). f 0910 Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge _ Aerial Photographs Other _ No Recorded Data Available Reid Observations: Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil: (in.) On.) On.) Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 Inches Water Marks Drift Untie Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or more re red): Oxidized Root Channel in peer ^_ Water - Stained Leaves _ Local Soil Survey Data _ FAC- Neutral Test Other (Explain in Remarks) Remarks: WTI, 1995 -196- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SOILS Map Unit Name (Series and Phase): O-S� 4'113 }yt.71 Taxonomy (Subgroup): Profile Description: Depth Matrix Color Mottle Colors (inches) Horizon (Munseil Moist) (Mime!! Moist) v -�a Drainage Class: V, Field Observations Confirm Mapped Type? Yes No Mottle Texture, Concretions, Abundance /Conrrast Structure, etc. Hydric Soil Indicators: Histosol _ Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low - Chrome Colors Concretions _ High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils Listed on Local Hydric Soils List _ Listed on National Hydric Soils list _ Other (Explain in Remarks) *marks: y1 WETLAND DETERMINATION Hydrophydc Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? No (Circle) No No Is this Sampling Point Within a Wetland? (Circle) Remarks: V.Az No CL Cot- Lt i .ac+ veA J1 d∎,�p + dc( rvW cLe-A Approved by HQUSACE 3/52 -187 - WTI, 188v 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SOILS foikkf( cihq Map Unit Name (Series and Phase): Taxonomy (Subgroup): Profile Description: Depth Matrix Color (inches) , Horizon fMunsell Moist) Mottle Colors fMunsell Moist) Mottle Drainage Class: Feld Observations Confirm Mapped Type? Yes N Texture, Concretions, Abundance /Contrast Structure. etc. Hydric Soil Indicators: Histosol Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions _ Gleyed or Low - Chrome Colors Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils Ust _ Listed on National Hydric Soils Ust Other (Explain in Remarks) Remarks: i t ��kr o (Jr.?) WETLAND DETERMINATION 0 IA+n Ib�� ut a (AA J Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Yes Yes Yes No (Circle) No No Is this Sampling Point Within • Wetland? (Circle) Yes 1:: Remarks: - 197 - pproved by HQUSACE 3/92 WTi,1995 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: 5-�ll (w Ir - Crr ct,1.7a�l�rs f" aurc.,- GQG) cinvonL -1, Date: _ Stratum Indicator Applicant/Owner: 9. Primary Indicators: County: 10. Investigator: IZ P 1)J8 5 3., .111. ') > , ,t+ l-c, PR-Cv3 11. State: 4. RA )(1ui( 4,e....(1( -v ¥ Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) Yes Yes Yes No No No Community ID: Transect ID: Drift lanes (, Plot ID: 2- _ 15. VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. h ')!lirc Z. rd dM,rg, (%a-w t- 9. Primary Indicators: 2. PC314 tN Frclsr a n it urn C-PrC. (A A- 10. Inundated 5 3., .111. ') > , ,t+ l-c, PR-Cv3 11. ZSaturated in Upper 12 Inches 4. RA )(1ui( 4,e....(1( -v ¥ 12. Water Marks �_ ,FRS 5. 13. Drift lanes 6. 14. Sediment Deposits �1r 7, 15. Drainage Pattems in Wetlands L��S v \� 8. 16. . Secondary Indicators (2 or more re ired): i" Depth of Surface Water. (in.) - Oxidized Root Channel in pper 12'ches o Percent of Dominant Species that are 081. FACW or FAC 1-5°/0 (excluding FAC -). Remarks: C y. G ,c.„,,1; kti G G' C tl Q ^n 2 1..1e, { Gv- a HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _ Stream, Lake. or Tide Gauge Primary Indicators: — Photographs Inundated _Aerial Other ZSaturated in Upper 12 Inches No Recorded Data Available Water Marks �_ _ Drift lanes Sediment Deposits �1r Reid Observations: Drainage Pattems in Wetlands L��S v \� . Secondary Indicators (2 or more re ired): i" Depth of Surface Water. (in.) - Oxidized Root Channel in pper 12'ches Water - Stained Leaves Depth to Free Water in Pit: On.) ' Local Soil Survey Data _ FAC - Neutral Test Depth to Saturated Soil: 1 j lin.) _ Other (Explain in Remarks) i . Remarks: 1 WTI, 1995 -196- SOILS 1 i 1 1 1 1 1 1 1 Map Unit Name (Series and Phase): Taxonomy (Subgroup): Profile Description: Depth Benches) Horizon Matrix Color (Munsell Moist) / (04Q - • - 61 LniLf/4 s( d'0l tole_ 3/z sL- vcih . b yR-' /i 1O ' IA( p Drainage Class: Field Observations Confirm Mapped Type? Yes No Mottle Colors Mottle Texture. Concretions. JMonsell Moist) Abundance /Contrast Structure. etc. Hydric Scil Indicators: Histosol _ Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low - Chrome Colors Concretions _ High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List _Listed on National Hydric Soils List Other (Explain in Remarks) • Remarks: G v (1 3 ` O (c RDA- 1} WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Yes Yes Yes No (Circle) No No (Circle) Is this Sampling Point Within a Wetland? Yes No aemarks: -197 - Approved by HQUSACE 3/92 WTI,1995