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HomeMy WebLinkAbout1989-06-20 CC Packet r . . . I ~ ~. .f REGULAR MEETING CALL TO ORDER INVOCATION ROLL CALL AGENDA STILLWATER CITY COUNCIL June 20, 1989 7:00 P.M. APPROVAL OF MINUTES - Special Meeting, May 23, 1989. INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Mary Hauser - Metro Council Representative. 2. t4WCC Staff - Update on Treatment Pl ant F aci 1 ity. 3. Dick Binkley, Mgr., Rivertown Taxi - Request for two additional taxi stands. 4. Mary Weber - Request for rezoning of Chestnut Hill area from multifamily to duplex. STAFF REPORTS PUBU C HEARl NGS _1. This .is the day and time for the public hearing on consideration of amending Ord. No. 699 relating to parking regulations for Fourth St. north of Pine St. and south of Oak St. Notice of the hearing was published in the Stillwater Gazette on June 6, 1989 and mailed to affected property owners. 2. This is the day and time for the public hearing on L.I. No. 258, the maki~g of an improvement consisting of street reconstruction, sidewalk, curb and gutter, storm sewer, water and sewer service located on So. Sixth St. between the south line of W. Olive St. and the north line of W. Pine St. Notice of the hearing was published in the Stillwater Gazette on June 9 and 16, 1989 and mailed to affected property owners. 3. This is the day and time for the public hearing to review the First Phase of the Downtown Parking Management program in an area bounded by Chestnut St., Main St., Lowell Pk. and So. Main St. parking lot. Notice of the hearing was published in the Stillwater Gazette on June 9, 1989 and mailed to affected property owners. 4. This is the day and time for the public hearing on the modification of the Development Program relating to Development Dist. No.1 and establishment of Tax Increment Dist. No.5 for the Brick Pond area. Notice of the hearing was published in the Stillwater Gazette on June 8, 1989 and mailed to affected property owners. 1 UNFINISHED BUSINESS 1. Review of parking requirements for conversion of Snyder Drug to office space. (Case No. PR/89- 6). 2. Report on Second and Myrtle St. parking program. NEW BUSINESS 1. Request for On-Sale Non Intoxicating Malt Liquor License - Bonnie Jean Swanson, "A Little Lunch", 108 No. Main St. 2. Review of Tax Increment Financing Policy and set date for Workshop Meeting. 3. Request permission to 0 tain an appraisal for City purchase of Mulberry Point. 4. Planning Commission rec mmendation regarding parking on green landscaped areas in the Downtown a ea. PETITIONS, INDIVIDUALS & DE EGATIONS (Continued) CONSENT AGENDA 1. Resolution Directing Pa ent of Bills (Resolution No. 8092) 2. Applications (List to b supplied at Meeting). 3. Permission to forward S mmons & Complaint to Insurance Agent and City Attorney regarding inju ies sustained by resident from a fall on Myrtle St. 4. Permission to forward Claim regarding accident near 601 No. Main St. to Insurance Agent and Cit Attorney. 5. Sewer Bill adjustment f r 702 So. Seventh St. 6. Set Public Hearing Date of July II, 1989 for the following Planning Cases: a. Case No. V/89-32 - ariance Request to rear and sideyard setback requirements for co struction of a bedroom addition at 1010 No. 4th St., located in the RB Dist., Billy Jo Elliott, Applicant. b. Case No. V/89-33 - ariance Request for the placement of an awning over a deck at Pope e1s on the River (Stillwater Yacht Club), 422 E. Mulberry St. in the RB and Bluffland/Shoreland Dist., Greg Lindow & Bob Marois, Applica ts. c. Case No. SV/89-34 - Street Vacation request for remalnlng portion of Oak St. between Gro e & Hemlock Streets located in the RA Dist., Gerald Cadwell & Jo n Doyle, Applicants. COUNCIL REQUEST ITEMS STAFF REPORTS (Continued) 2 ~ ~ t. . . . . . . . COMMUNICATIONS/REQUESTS 1. Chamber of Commerce letter - Valley Business Forum meeting on June 20, 1989. 2. Letter from David Pohl stating interest in serving on Downtown Plan Implementation Committee. QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT 3 ... j . . . SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES May 23, 1989 4:30 p.m. The meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel Public Works Director Blekum City Attorney Magnuson Community Dev. Dir. Russell Consulting Engineer Van Wormer Recording Secretary Schaubach Press: Mike Marsnick, Stillwater Gazette Julie Kink, st. Croix Valley Press NORTH SECOND STREET PARKING IMPROVEMENTS The City Council held a Public Hearing to hear comments regarding the parking situation along North Second Street between Myrtle and Commercial Streets. Community Development Director Russell summarized a letter received from Lowell Inn owner Art Palmer requesting consideration of parking improvements. Con~ulting Engineer Van Wormer commented on his reviewal of the suggested parking changes. Several residents of Rivertown Commons were present and Mayor Abrahamson asked for their comments. Leonard Roe stated that parking is inadequate for Rivertown Commons. There are currently 27 cars owned by residents, and there are 23 parking spaces. Art Palmer stated that he feels the present parking situation is hazardous, and made suggestions for improvements. Don Jahnke, downtown business owner, expressed his concern with the traffic pattern on North Second and Commercial Streets. Motion by Councilmember Opheim, seconded by Councilmember Farrell to adopt the appropriate Resolution establishing handicapped parking on the west side of North Second Street at Myrtle Street. (Resolution No. 8087) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson Nays - None 1-l01 /l.PPflO\lED /l.S OF 1\'11S 0/1.1'2 1 ~ . . . . ~ stillwater City Council Minutes Special Meeting May 23, 1989 Motion by Councilmember Opheim, seconded by Councilmember Farrell to direct City staff to prepare improvement plan for existing City parking lot, to explore land costs and financing options for future potential site, and to present a comprehensive area review to Council at the June 20 meeting. (All in favor) TRUCK EQUIPMENT BID Jim Connolly of Boyum Equipment addressed Council regarding a truck equipment bid. Motion by Councilmember Kimble, seconded by Councilmember Farrell to continue the matter until the June 6, 1989 meeting. (All in favor) (Council took a five-minute break and reconvened at 6:00 p.m.) BID FOR RE-LAMPING LIGHTING SYSTEM AT NORTHLAND PARK Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution accepting the bid of $14,998 for re-Iamping the lighting system at Northland Park tennis courts, hockey rink and horseshoe courts. (Resolution No. 8088) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson Nays - None STARBRIGHT AMUSEMENT REQUEST Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to allow extension of the permit for Starbright Amusement at River Heights Plaza until Monday, May 29, 1989. (All in favor) SEWER BILL ADJUSTMENTS Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to follow staff's recommendations approving two requests for sewer bill adjustments. (All in favor) HEALTH CARE COVERAGE Motion by Councilmember Opheim, seconded by Councilmember Kimble to extend the City's health care coverage contract with Blue Cross and Blue Shield from 9/1/89 through 8/31/90. (All in favor) 2 stillwater City Council Minutes Special Meeting May 23, 1989 VACATION CARRYOVER Motion by Councilmember Kimble, seconded by Councilmember Opheim to allow the carryover of excess vacation amounts as presented. (All in favor) BOARD OF REVIEW Motion by Councilmember Farrell, seconded by Councilmember Kimble to direct the Mayor 0 sign the Board of Review document as presented. (All in favo ) PARLAY GROUP REQUEST Motion by Councilmember to grant approval fo engineering for the Pa favor) Kimble, seconded by Councilmember Opheim Short-Elliott-Hendrickson to do the lay Group project as requested. (All in INCSTAR DEVELOPMENT AGR EMENT Motion by Bodlovick Mayor and Agreement. Councilmemb r to adopt th City Coord (Resolution Ayes - Councilmembers B Mayor Abrahamson Nays - None ADJOURNMENT Farrell, seconded by Councilmember appropriate resolution authorizing the nator to sign the Incstar Development o. 8089) Farrell, Kimble, Opheim, and Motion by Councilmemb r Kimble, seconded Farrell to adjourn the eeting at 6:25 p.m. by Councilmember (All in favor) Resolutions: No. 8087 - No. 8088 - No. 8089- Establishin handicapped parking at Myrtle & N. 2nd Approve bid for re-lamping at Northland Park Authorize s"gning of Incstar Development Agreement ATTEST: MAYOR CITY CLERK Submitted by: Shelly Schaubach Recording Secretary 3 . . . . . . x June 12, 1989 The Honorable Mayor Abrahamson and esteemed members of the City Council; Rivertown Taxi Inc. would like to make a request of you. To improve our service to the downtown are~, especially on Friday and Saturday evenings, we could use two (2) additional parking areas marked for taxi use only. The locations we would like and believe to be the optimum choices for our use are: 1. East Nelson Street - East of the railroad tracks on either side of the street. North or South, either would be good. 2. Main Street - By the Village Shop, nest to the walk-thru between the buildings. We believe these two locations would help to show the residents and visitors to our city that we do have Taxi service available. Thank you for your time Dick Binkley, Manager Rivertown Taxi Inc. ps/DB ,) I ' y . June 14, 1989 Stillwater City Council City Hall 216 North Fourth Street Stillwater, MN 55082 To the Honorable Mayor and Council Members: Enclosed please find a copy of a petition signed recently by the residents and neighbors of Chestnut Hill. We are asking that the city rezone our neighborhood from multi-family to duplex housing. . . Please consider our petition at your earliest convenience and, if possible, include it on the agenda for your June 20th meeting. Sincerel y, 9!;:;4~ 205 West Chestnut Stillwater, MN 55082 439-9722 enc. . ., " x . Date: May 3. 1989 To: St~llwate~ Plann~ng Comm~ssion F~om: Res~dents of Chestnut Hill a~sa P.s: Rezorll ng We. the ~es~dents u~gently ~eauest the fam~ly to duplex. mult~fam~ly un~ts in of Chestnut Hill and the surrounding a~ea, Lezon~ng of our ne~ghborhood from multi- Th~s ~ezon~ng would no~ affect existing cu~ ne~ghbo~hood. We presently, un deL current ne~ghbo~hood density, are exper~encing difficult~es with st~eet park~ng. sewer overload on a pr~vate sewer line. commerc~al deliver~es. excess trafflc and snow and sand removal. . We believe the r~zon1ng ~s essent~al to prevent fu~ther eroding and encroachment on thLS residen~~al nelghbo~hood. r (2. SIGNED, Q~6~) '-/}~/' - ,\Y-/c~/(. 1J, ~;l~~.--I~ ~~i-ev.v ~ ~~~ ~3L~ cycZ,":.J Jlci/:~--U -~ uJ~ ~~4:cdd~ ffi~ <- tl~ o&r~p~W . . Jdmv~ .~Z~~ ~V~ ADDRESS: 22.S w; cCe4d ,-<", f :5"1: gc:; S c.~/ 6- ~.. c- y.. 303 Yr, () ~ .a-6 ..2...::>< 0 S. ~::-~ ~ J.:J-t; ) '~J--L 0/: .:<o? -<f /f~ dCS-W. ~frt..4 J-05W Gf>~~ <9(j'B w, chd~ Q2CJd"' 0. ~cr II P S /7r=rJr. II';; )LJ. 57[ ~ :J.,O I ~o ro:Ji ~ x" " \ . J U <JJ I c1'-~.Lf-sf.. 3JCj s S-1ft S-r- ~ ;? ~,~:t;~.C).;/OA?c::/ - ;;P;r///~ .Jr. 3 g W j ~~ Jf, J r,,? 'i/) I -- r7f } ,v ('7 / / / /','(.;.J \ ' , (... '-<-- .............. "","~' '- '_1 t _ ""/Y. dk~ . . STAFF REQUEST ITEM . DEPARTMENT _~__~~________ MEETING DATE _.t..::?-r::._itl.____ DESCRIPTION OF REQUEST (Briefly outline what the request is) --~~~ffZ~---~-#~~~---~.:-~~--~ _2(/~__~__~__~__~__Pp~~___________ . FINANCIAL IMPACT (Briefly outline associated with this request and needed to fund the request) ~~~-~~~~~--~---~--~~--~------------------- __~___~~~S2~_______________________________________________ the c.:.sts, if any, that al"~e the proposed source of the funds ADDITIONAL INFORMATION ATTACHED YES NO 1- ALL COUNCIL REQUEST ITEMS ~Y~I BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL NEETING I~}RDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY . ~~~__~~______________ DATE _~~L'~=_~~___ . .~SaJ ENC/NEERS. ARCHITECTS. PLANNERS . . 222 EAST LITTLE CANADA ROAD, 5T. PAUL, MINNESOTA S5117 612 484-0272 June 16, 1989 RE: CITY OF STILLWATER CITY ENGINEER MYRTLE STREET OVERLAY 'SEH FILE NO. 89114 Mayor and City Council City Hall City of Stillwater 216 N. Fourth Street Stillwater, MN 55082 Dear Mayor-and City Council Members: The City received four bids for the Myrtle Street Milling and Overlay proj ect on Thursday, June 15. The bids ranged from $19,167 to $29,209.90. The low bidder was Ace Blacktop of Inver Grove Heights. The engineers estimate is $27,265. We have checked the contractor's references and find that he has completed similar projects satisfactorily in other communities. We recommend award of the bid to Ace Blacktop Inc. If there are any questions, please do 'net hesitate to contact the undersigned. Richard E. Moore City Engineer REM/cmb SHORT ELLIOTT HENDRICKSON INC ST. PAUL, MINNESOTA CHIPPEWA FALLS, WISCONSIN · ....saJ . . ENC'NEERS. ARCHITECTS. PLANNERS 222 EAST LITTLE CANADA ROAD, ST PAUL, MINNESOTA 55177 612 484-0272 June 20, 1989 RE: CITY OF STILLWATER DOWNTOWN IMPROVEMENTS SEH FILE NO. 89255 Mayor and City Council City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 Dear Mayor and City Council Members: On Monday June 19, 1989, the City received quotes for the television inspection of the sanitary sewers in the downtown area. Three proposals were received with quotes ranging from $4,802 to $12,005. The low quote was by Visu-Sewer Clean and Seal Inc. The engineer's estimate is $8,000. We recommend award to Visu-Sewer. If there are any questions, please do not hesitate to contact the undersigned. S1nCere~y, /B_L ~~'- ,- Richard E. Moore City Engineer REM/cmb Enclosure cc: David Junker, Director of Public Works SHORT ELLIOTT HENDRICKSON INC ST PAUL, MINNESOTA CHIPPEWA FALLS, WISCONSIN · ""-SEH . . ENCINEERS. ARCHITECTS. PLANNERS 222 EAST LITTLE CANADA ROAD, ST. PAUL, MINNESOTA S5177 612484-0272 June 16, 1989 RE: CITY OF STILLWATER CITY ENGINEER MYRTLE STREET OVERLAY 'SEH FILE NO. 89114 Mayor and City Council City Hall City of Stillwater 216 N. Fourth Street Stillwater, MN 55082 Dear Mayor and City Council Members: The City received four bids for the Myrtle Street Milling and Overlay proj ect on Thursday, June 15. The bids ranged from $19,167 to $29,209.90. The low bidder was Ace Blacktop of Inver Grove Heights. The engineers estimate is $27,265. We have checked the contractor's references and find that he has completed similar projects satisfactorily in other communities. We recommend award of the bid to Ace Blacktop Inc. If there are any questions, please do not hesitate to contact the undersigned. ~ Richard E. Moore City Engineer REMjcmb SHORT ELLIOTT HENDRICKSON INC 5T. PAUL, MINNESOTA CHIPPEWA FALLS, WISCONSIN . . . illwater -. ~~ THE BIRTHPLACE OF MINNESOTA J TO: Mayor and City Council FR: City Coordinator DA: June 16, 1989 RE: MAPLE ISIAND SEWER RATE On Friday, June 16th, I met with a Maple Island official to discuss the proposed sewer rate increase. The official was somewhat concerned that the City might bill them for the differential in usage vs. amount billed for past years. The official said that their usage has averaged about 13.5 million gallons per year except for 1987 which was a "down year" for them and they used considerably less water during 1987. Further, in 1987, Maple Island disconnected their roof drains from the sanitary sewer and thereby reduced the amount of water that was being sewered (this water was not part of the metered sewage but did have a positive impact on reducing our costs). I would recommend that we bill Maple Island $14,694 for 1989 on a quarterly basis ($3,674 per quarter) per estimated flows and costs as developed by the Finance Director. Any difference between actual and estimated would be refunded or recovered at year end. Maple Island will submit semi-annual reports to the City regarding metered flows. The report will give a month-by-month listing of flows. Subse~lent years could be handled in the same manner. ~ ~/-{ CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 .THE TO: Mayor and city Council FR: Diane Blazek, Finance Dir DA: June 2, 1989 RE: MAPLE ISLAND SEWER RATES Backqround illvYater ~ G! 20/ ~ / Maple Island has been paying a flat fee in the amount of $2,650.50 per quarter for sewer service charges sin e the 1st quarter of 1985. Wi th the recent increase in sewer rates for th entire City, an adjustment to the flat fee for Maple Island seems appropriate. Analvsis Maple Island total wastewater f ow for 1988 was 13.5 million gallons, as reported in their seim-annual Industria Waste Discharge Reports.' 'The total discharge was obtained by flow measuring equipment installed at the Company1s monitoring point. MWCC inspectors teste the Maple Island meter in September 1988 for discharge verification. Conclusion The discharge flows reported or 1988 are consistent with prior years flows reported by Maple Island. T e 1985 rate was, based on the City I s Budgeted Expenditures and MWCC Estimate Usage for 1984. The following table shows the ctual expenditures, costs and charges to Maple Island for the years 1985-1989: 1985 Actual Expense (net of depreciation) 644,09 Actual Gallons/est. gallons (88-89) 87 Cost per million gal. 73 Cost for 13.5 million gallons 9,90 Cost per quarter 2,47 CUrrent charge to Maple Island per quarter 2,65 Charge to Maple Island if sewer rate same as remainder of City 4,41 1986 1987 1988 @ 968,725 890 1,088 2,651 7,106 CITY HALL: 216 NORTH FOURTH TILL WATER. MINNESOTA 55082 PHONE: 612-439-6121 820,092 788,173 912,811 875 828 890 937 951 1,025 12,652 12,850 13 ,846 3,163 3,213 3,462 2,651 2,651 2,651 4,413 4,413 4,413 . . . . .. . ORDINANCE NO. 699 AN Q1IDINANCE AMENDING THE STILLWATER CITY CODE SECTION 51_05, SUBDIVISION 5 "CALENDAR PARKING" The city Council of the City of Stillwater does ordain: 1. Amending. The Stillwater City Code, Section 51. 05, Subd. 5 is hereby amended by adding paragraph 8 which shall hereafter read as follows: "51.01, Subd. 5(8). After snow has been cleared, parking shall be allowed on both sides of Fourth Stre~~~orth of Pine Str~~~_ South of Oak Street." 2. In all other ways the Stillwater City Code shall remain in full force and effect. 3. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ~. Wall~ah~ -Attest: l'l~~C:X1--;~ Mary Lou JoHnson, cler1) Adopted by Council this 21st day of March, 1989 PubJ tsb_: Apri 1 4, 1989 ..~ '"" , , '\. , , '" , '\ , , \ \ , . \ , , , , \ \ - \ , .....uo.. \ ., \, 4.1.1:) \ \ ' /" /--~ \ \ \ \ \ , \ ,.. I I h \ "" .., I I ~- 1 \ '.., ~ ;): I I "" I h )~~~ I , ~ '~'lll'~ I ~ ..-;.+ "'1 " ~ I , I l .1 ~ ~ : ~ (\ ~/~: ,/ &:~ 'I f~ ~ (::l I)/~ + ,II . . . ... ~ ~SlEH ,~ .~~ ENC/NEERS . ARCHITECTS. PLANNERS 222 EAST LITTLE CANADA ROAD, Sf PAUL. MINNESOTA 55117 612 484-0272 June 7, 1989 RE: CITY OF STILLWATER, MINNESOTA CITY ENGINEER L.r. 258 SEH FILE NO: 89114 (REVISED) Mayor and City Council City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Council Members: As you requested, we have revised our letter report dated May 16, 1989. We reviewed the existing catch basins and storm sewer crossing South 6th Street between Olive and Pine Street. The two structures were apparently constructed over a cross culvert which provided drainage for a low area behind residences on the west side of South 6th Street. This culvert at one time drained across South 6th Street to the east side and discharged on private property. Over the years this culvert has been extended at times and filled over at other times. It appears now that the catch basin structures are deteriorating and are in need of replacement. Our preliminary investigation indicates that it may be possible to construct two new structures on South 6th Street and provide a 12" storm sewer north to the existing storm sewer in West Olive Street. As a part of our investigation we estimated the cost of constructing ,the storm sewer, two new catch basin structures, concrete curb and gutter, concrete sidewalk, water service replacement, aggregate base, bituminous surfacing and miscellaneous grading and removal items. The storm sewer will be constructed in the gutter line on the west side of South 6th Street and will be connected to the existing storm sewer on Olive street. The total estimated cost, including engineering, contingencies, legal and administrative is $102,915. SHORT ELUOTT HENDRICKSON INC CHIPPEWA FALLS, WISCONSIN Sf PAUL, MINNESOTA City of Stillwater June 7, 1989 Page #2 We have also included a preliminary assessment roll for your review. This prelimi ary assessment roll is based upon the total cost being assessed gainst abutting properties with individual water service asses ments only for those services requiring replacement. It is W ter Board policy to replace galvanized and lead water services b fore new streets are constructed. If the project is constructe , the Council will have to hold a public assessment hearing, n tifying all affected property owners. This preliminary assessmen roll is intended to indicate what the assessments to abutti g property may be based upon the estimated project cost if all c sts were assessed. We have also includ properties that coul services should be re if lot splits are pos d four new water and possibly provide lot iewed with the property ib1e in the future. sewer services for splits. These new owners to determine Drawing No. 1 indica es the proj ect location and Drawing No. 2 indicates the improvements. We find the project feasible and can best be constructed as outlined in this lett We would be pleased further at your conve REM/cih wi th the Council and discuss this Sincerely, (J2;~~~ Richard E. Moore, City Engineer cc: David Junker, Di ector of Public Works ... .: " . . . LAKE DRIVE,~ 'f ---:-] ~ ~I --==;,'~l;'~:o'p,,~'i' / BIRCHWOOO OR l~ ,( ----L.J l -8 lCK UL.J L ___---' ,-..-- ~ " I.. ~ ~ r.:-:-'i -- ,"- r-- ~- ."~ ' r' :t:: 1 :ROeIN LN ' --< i r: '. ~, I. ,r ",: :, ~ ,', ~ ,-< I '-i..... ..... ~~-- ----J. ! i. ... .---- --- i'HEMLOCKI LiL.: - -.,~-=-r~./"" /)., ,1' ~ ~ .:t : ~ .' k'~ _ J i "1 J,. ; ~ ~~,-'---. . I "j '0 -I ~~.:f::f - ;cn_, . "" . ~ '~-- 01, . i !~ - ~ ; ,~ ~ - . . .,' ~ I' ' ~'" GQ('\V," : i...... : ~ .. ~ ~~- -~ ',~ti..^'l. - .,.1 ~:f . r ~ ~ 1._ l._ ~ ~C,,~ ~/----::::'::-=l : . ~ ,----, ~ -+-- -~ i', . --.. . " ~ rCE'~~~ ~ _ C ----.J ~._ ' 1 L~( t:l ~ ~ c;--.:~~ - ~ -T ~ . ...... I ._ ~ .; -1 ... ! ~ -.0 _ ~ .:e ~ ~ ~ ....., , <- ~ . 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ST. o -l.C') .. f . . NOT TO SCALE . S. SIXTH ST. STillWATER. MINNESOTA FILE NO, 89114 DRG, NO, 2/2 'J"" l IItJ" .# . STILLWATER, MINNESOTA SOUTH SIXTH STREET ' FILE II 89114 6/1/89 "MOCK" ASSESSMENT ROLE .".......................Oo.... ..Oo" .Oo.................. Oo.......... OoOo....... .OoOo. OoOoOo..... Oo.".......Oo.Oo.Oo. I I WATER SERVICE I I I PLAT/PARCEL I F.F. COST I-..--...----.-----...j SEWER I TOTAL NO. I ADDRESS I (1) I (2) I REPLACE I NEW I SERVI CE I COST I ........Oo.... ..........-----1------- -..--......-j..-..-.---j.......... .....Oo..OoOoOo. ---....----.j 11580-2700 302 6TH ST. I 75 $5,425.59 I I $5,425.59 I 11580-2750 310 6TH ST. I 105 $7,595.83 $910.00 I $8,505.83 I 11580-2800 318 6TH ST. I 95 $6,8n.42 $6,8n.42 I 11580-2850 326 6TH ST. I 83.2 $6,018.79 I $6,018.79 I . 11220.2250 402 6TH ST. I 100 $7,234.12 I $7,234.12 11220.2300 410 6TH ST. I 50 $3,617.06 I $3,617.06 11220-2350 418 6TH ST. I 150 $10,851.19 I $10,851.19 11220-2400 418 6TH ST. I $770.00 $670.00 $1,440.00 11220.2450 428 6TH ST. I 50 $3,617.06 I $3,617.06 11220-2500 432 6TH ST. I 50 $3,617.06 I $3,617.06 I 11580-2600 321 OLIVE ST. I 52.5 $3,797.92 1 $3,797.92 11580-2500 315 6TH ST. I 100 $7,234.12 I $910.00 S770.00 $670.00 $9,584.12 11580.2450 323 6TH ST. I 108.3 S7,834.56 I IS1,54o.00 IS1,340.00 S10,714.56 9028-2200 407 6TH ST. I 110 S7,957.54 I $7,957.54 11220-2200 411 6TH ST. I 96 $6,944.76 I S910.00 $7,854.76 11220-2150 320 PINE ST. I 67.9 S4,911.97 I S910.00 I $5,821.97 j .......-....---- ..---....Oo-- ...--..........- -Oo - - _.... ..... ...............Oo.... TOTALS 1292.9 S93,530.00 S3,640.00 S3,080.00 S2,680.00 S102,930.00 (1) COST PER FRONT FOOT sn.34 . (2) FRONT FOOT MEASUREHENT OF LOT ON NARROW SIDE AND 35X OF LONG SIDE ON CORNER LOTS . STILLWATER, MINNESOTA SOUTH SIXTH STREET "MOCK" ASSESSMENT ROLE C{. ~, ol J-P FILE' 89114 6/1/89 .. --.......................... ----...... ..................... --................ ....- ........--...... ..-.. ..........-...................................... ---........-.......... . TOTALS . I 50 I $3,617.06 50 I $3,617.06 52.5 $3,797.92 100 $7,234.12 108.3 I $7,834.56 110 I $7,957.54 96 I 56,944.76 67.9 I $4,911.97 ---.......... .......... .....--.-.... --------.. ..--.......... 1292.9 $93,530.00 $3,640.00 $3,080.00 $2,680.00 $102,930.00 (1) COST PER FRONT FOOT $72.34 (2) FRONT FOOT MEASUREMENT OF LOT ON NARROW SIDE AND 35X OF LONG SIDE ON CORNER LOTS ~lile L Kriesel Acting Clerk, City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Inh ]tndtrnbt 41B &nutIl1jt~I;t. &ttlhuntrr, !IN 5susa . Re; Local Improvement 258--South Sixth Street between West Pine and West Olive Streets Dear ~fr Kriesel; I am the home O\mer of 418 South Sixth Street; and I will be out of to\m during the \-reek of .June 19, therefore unable to Attend Tuesday' evening's Council Meeting dealing lolith the above improvement project. I wish to register strong disapproval at the methods employed in this public improvement project. Several of the neighbors claim this im- provement on Sixth Street was intended to correct a chronic, recurring drainage problem at Olive and Fifth Streets. We feel this is an inap- propriate way to justify public \1orks improvements on an adjacent street --assessing property owners on neighboring streets for improvements on your O\ffi. . rIy property taxes are already excessive. I would have a hard time adding to my already-,rohibitive assessment load. Before any such assess- ment is leveraged, however, I feel you have an obligation to explain exact- ly (or approximately) the extent of assessment for each lot and homeO\.mer --prior to asking for concurrence. Otherwise it is commensurate with sign- ing a blank check. If, on the other hand, it is deemed absolutely necessary to complete this project--or, if said improvement decisions are already made, let's think about restoring South Sixth Street to its original limestone/cobblestone resplendent past. On both sides of the current street we can see the orig- inal stone--beyond where the bituminous overlay ends. Wouldn't this be in keeping with partial restoration of Still\"ater's trarlational past as "Birhh- place of Hinnesota?" No other street exists in the City. The stones are already in place. This type of restoration would increase valuations to individual property owners, the neighborhood, and the City as a whole. Let's at least explore an estimate for this type of restoration. Additionally, through the Celebrate Minnesota 1990 office of the State of ~Iinnesota such restoration/beautification/renovation funds are available--on a 1-3 basis (State provides ~ of costs if the City matches with the remaining 3/4). Your City Planner should be well aware of this program as well as application materials. These state funds were provided to the CM1990 committee for restoration/beautification projects precisely like this. . Thank you for allowing me to go on record through this letter. ~ $?j 0) ..... ~ Sixth Street . TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 20, 1989 SUBJECT: PARKING MANAGEMENT PROGRAM - PHASE I ACTIONS The following actions are necessary to implement Phase I of the Parking Management Program. - Extend hours of operation to 8 A.M. to 9 P.M., seven days a week. - Increase rates for River lot, Reeds lot, Brick Alley, and Nelson Street to 25t per hour, four hour maximum. (Blue color on maps) - Increase rates for Main Street spaces to 25t per hour, two hour limit. (Orange color on map) - Institute 15 minute free time for Main Street spaces. (Orange color on map) . - Authorize purchase of 220 new meters. - Increase cost of parking violations to $10.00. Authorize additional long term employee parking in Auditorium Lot and Maple Island Lot as needed. - Direct Staff to prepare specific budget for Staffing and support costs as necessary for Parking Enforcement Program. . ~ . . . illwater ~~ THE BIRTHPLACE OF MINNESOTA J TO: Mayor and City Council DA: June 16, 1989 FR: Steve Russell, Community Development Director RE: STAFF REPORTS FOR PUBLIC HEARING NO. 3 DOWNTOWN PARKING MANAGEMENT PLAN AND UNFINISHED BUSINESS NO. 2 SECOND AND MYRTLE STREET PARKING PROGRAM. Besides the attached Parking Management Report that you have previously received, addi tional details regarding parking enforcement and program costs will be distributed to you Monday. \ The staff report describing parking lot improvement costs and financing alternatives for the Myrtle and Second Street area will also be distributed Monday. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 ., . , . P RKING MANAGEMENT PLAN CITY OF STILLWATER PHASE I The concept behind ph se I of the Parking Management Plan is to make maximum use of p rking spaces in the area south of Chestnut Street and east of ain Street for customer parking. It is desirable to provid uniformi ty in parking meter rates, reasonable enforceme t and adequate directional signing to provide maximum The parking meters wil be utilized to help regulate the duration of parking. A parking rate of .250 per hour for regular meters will be shed for all meters on Main street, south of Chestnut street an for all meters in the area east of Main street and south of C estnut Street. Parking meters will be in . effect 7 days a week nd from 8:00 a.m. to 10:00 p.m. The time limi t for parking wi 1 be 2 hours for on-street spaces and 4 hours for off-street Existing 15 minute spaces may remain but at a rate 0 .250 per quarter hour. reinstall parking meters in the south the river lot. A total of 82 meters will also be necessary to convert existing and rates. All meters will be properly housing for the days and times of It will be necessary Main Street lot and i be required. meters to the marked within the operation. The conversion parking lots to meter 80 long term parkers. is anticipated that s the free parking most will move to the 82 now free spaces wi thin the 2 public egulated will displace approximately 60 to Most of these are downtown employees. It me will move north of Chestnut Street to near the river. It is anticipated that icinity of 2nd Street and Olive Street. . - 1 - . .' . ~ , ~ As part of the parking management plan, additional public parking si tes should be considered in the 2nd Street and Olive Street area. Any site obtained for public parking should fit both the immediate need for some alternate parking and a long term need for the parking ramp which is anticipated as part of the long range parking plan. Several specific sites have been mentioned in the downtown plan. An integral part of the parking management plan is a high level of enforcement. Prior to implementation, a plan for enforcement and for some efforts at goodwill should be considered. These goodwill efforts could include the potential for utilizing tokens for meters, the ability of merchants to provide some quarters for their customers, a short period of courtesy tickets or other methods. However, it is essential that enforcement be initiated early in the program and be continuing and thorough. Enforcement will be required evenings and weekends based on the hours of operation of the parking meters. Enforcement is necessary thru the entire downtown. It is recommended that adequate personnel be assigned to parking enforcement in the downtown and that enforcement be their sole function. Distribution of information regarding the parking management plan will also be essential. Information in the form of flyers or brochures can be posted on store doors or handed out to customers. Employees could be encouraged by their employers to park in areas away from customer spaces. Signs should also be provided which clearly indicate to the public what parking is available and what the rates are. Signs should be posted at the entrances to public parking areas indicating "Public Parking, Meters Enforced 8:00 a.m. to 10:00 p.m., 7 days per week." - 2 - It will also be des'rable to provide directional signing to parking areas. On no thbound Main street, a standard green on white parking sign sh uld be provided at the south entrance to the Main street lot, a Nelson Street, at Chestnut Street and at the Maple Island park'ng area. Southbound signs on Main Street should be posted at t e Maple Island parking area and at Main Street. Signs eastbou d on Chestnut Street should be provided at the Water Street lot a d at the river lot. Signs should also be posted westbound on C estnut Street at 2nd Street and westbound on Nelson Street at 2n Street. Finally, signs should be posted directing traffic to t e public parking at the auditorium lot on 2nd Street. The final step in the irst stage Parking Management Plan will be to provide for the ne t phases of the long range program. The next phase should addr ss several issues which have been deleted from this portion of t e program including utilization of parking along Water Street an Nelson Street within'the ~rea, obtaining additional parking are the 2nd and Olive Street area and the potential for shared use of the private parking. Public designation of on-st spaces, angle vs. parallel parking, additional spaces and potential public takeover of private lots need to be addressed. - 3 - ~ . . . , , . . . . . 72JJ r illwater ~ --~ --- -~ THE BIRTHPLACE OF MINNESOTA J TO: FROM: DATE: MAYOR AND CITY COUNCIL STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTO~ JUNE 19, 1989 SUBJECT: APPENDIX TO COSTS FOR PARKING MANAGEMENT PLAN IMPLEMENTATION. Two types of costs for enforcement personnel and meter related costs are considered here. In order to have enforcement personnel on duty at all times when the parking meters are in operation, 84 person hours of time are required - 9 A.M. to 9 P.M. (12 hr/day x 7 = 84 hours). Checking similar job descriptions and salaries in some of the surrounding communities indicates a pay range of from' $4.24 per hour entry to $7.67 after four years of service. For purposes of this report, $5.50 per hour is assumed. At $5.50/hr x 84 hours = $24,024. Other costs not included in this figure include meter maintenance, collection of parking monies and ticket follow up. These costs could be charged against parking revenues and possibly off set some existing cost. (See attached memo from Public Safety Director.) 220 new parking meters will be installed in the South Main area as part of the first phase improvement. The cost of the meters is $39,000. Besides the new meters, modification to the existing meters cost $1,850. Other costs such as removing old heads and installing new heads, or poles, can be done with existing City Staff. (See attached memo.) The total cost of the program is estimated at a one-time capital cost of $41,347 and on-going operational cost of $30,000 - $40,000. Both of these costs will be paid by the Downtown Parking District Revenue Fund. CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612.439.6121 '" e @ . DAVID ~WHORTER PUBLIC SAFETY DIRECTOR POLICE CHIEF GORDON SEIM FIRE CHIEF DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE M E M 0 RAN DUM TO: STEVE RUSSELL, DIRECTOR OF PLANNING FROM: D. P. MAWHORTER, PUBLIC SAFETY DIRECTOR DATE: JUNE 16, 1'38'3 RE: PARKING METER DEPLOYMENT PLAN -------------------------------------------~---------------------- As yr:.u requested, Scr:.tt Mr:q",tbt"iant arId I have put togethet" a "t"'JI_lgh" proposal for deployment and purchase of meters in the downtown area. Scott should receive the credit for this proposal. His hard work and research was responsible for this proposal. I just typed it! We are proposing that all the current meters south of Chestnut St. be .removed and replaced with new manual meters. Manual meters are meters that the person putting money in turns the handl~ to wind the meter and register time on it. These meters would be equipped with a special feature that allows the person to turn the crank and get 15 minutes for free. This would allow residents who just want to run in and get something downtown to have access to free parking. The meters that are removed from the area south of Chestnut St. would be integrated into and amon~the present meters north of Chestnut St. This would greatly improve the efficiency of those meters and would allow an adequate inventory on hand for repair and replacement. In order to do this all the old meters would have to be reworked to a point where they are all two (2) hour meters and will accept nickels, dimes and quarters. ~~_2~~_B~QBQaiDg_ih2i_211_m~i~~a_~QI_i2~~_ Q~DDi~a_2DY_mQ~~. This is unnecessat"y and causes excessive wear on the meters. We would like to see a plan implemented that would, over the course of the next two to three years, replace all the meters north of Chestnut St. with the new meters that are manual crankers. The cost to implement this proposal is as follows; 220 new meters and cases ($175 to $180 ea.> Current meter conversion costs Coin device changes (no more pennies $2.28ea Top time register plate $7.50 ea. Total equipment costs $3'3,600.00 $ 1,072.00 $ 675.00 $41,347.00 . FOlm 2091 Disk STWl 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612-439-1314 or 612-439-1336 Fire Phone: 612-439-6120 '" '. '~ i1lwate~ --- ,~ THE BIRTHPLACE OF MINNESOTA J - <:) . DAVID MAWHORTER PUBLIC SAFETY DIRECTOR POLICE CHIEF GORDON SEIM FIRE CHIEF DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE M E M 0 RAN DUM TO: STEVE RUSSELL, DIRECTOR OF PLANNING TJf , FROM = D. P. MAWHORTER, PUBLIC SAFETY DIRECTOR DATE = JUNE 15, 1989 RE: PROPOSED DOWNTOWN PARKING PLAN I am addressing this memo to you regarding your request for information regarding meter monitors for the downtown parking plan. As I understood the meeting we had about the parking program, it will be proposed that the meters will be enforced seven (7) days a week from the hours of 9 a.m. to 9 p.m. In order to do this, it will be necessary to purchase 84 hours of personnel services per week at a .minimum. These hours could be consumed through full time employees, part time employees or a combination of both. The 84 hours a week does not account for sick time, vacation time or any other time an employee may be away from the job. The 84 hours also does not account for meter maintenance, collecting funds, follow-up on non paid summons and other various administrative tasks that are required as part of the job. If the plan's goal is to have the full 84 hours a week dedicated to:I eYlfo:.rcemeYlt activities, it wo:.uld beYlecessary to:. substantially increase the number of hours the city wishes to purchase for the goals of the plan. Attached are some job desct~iptions and salary schedules for meter monitors in the surrounding area. A summary of the wages paid are as fo:.ll o:'ws; Hudsc'YI St. Paul R i vet~ Fa lis MeYlc.mc'YI i e None submitted at this time but on the way. $4.24 to start, $5.17 after 5 years $5.75 to start, $7.67 after 4 years $6.68 to start, $6.68 permanent rate There are other costs that would be associated with the implementation of this plan that should be considered. Among them are; 1) Meter enforcement vehicle, 2) Uniforms for personnel, 3) Any benefits that will have to be paid to employees, 4) Office area for the employees. 5) If efficiency and effectiveness in clperations is to .be a concern, computer equipment to allow the employees to administer t.:. the pt~ogt~am. Form 2091 Disk STW-1 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612-439-1314 or 612-439-1336 Fire Phone: 612-439-6120 . STILLWATER, MINNESOTA DOWNTOWN PARKING MANAGEMENT PLAN A general parking management plan has been formulated for the downtown. The plan reflects maximizing usage of existing spaces~ developing new areas for parking, and reorienting customer and employee usage of spaces. The highest demand for parking was determined on the basis of numerous observations and on specific . parking usage studies made in the summer of 1987. Heaviest demand is centered in the area south of Chesnut street and east of Main street. Parking in this area is often utilized almost 100%. Generally, 90% utilization indicates a parking shortage. This is also the area where most visitors and customers look first for parking it is convenient to most of the retail shopping and close to Stillwater's greatest amity, the st. Croix River. Currently, parking in these areas are used by both employees and visitors. There are 429 parking spaces available within this area. There are 212 public off street spaces in three major parking lots; the South Main Street Lot, the River Lot, , and the Water Street Lot. There are also 59 on street public spaces with an additional 30 spaces within the public right-of-way, marked for private usage. . Heaviest demand for parking in this area occurs on weekends. Utilization was almost 100% at 7:00 p.m. and 91% at 2:00 p.m. for . . . the Saturday study. Most of the available spaces were in private lots or at the ~m street spaces marked as private. At peak times, there are numerous illegally parked vehicles. On weekdays, the demand is less. At 2:00 p.m. on a Thursday, the overall usage was 64%. However, Main Street and Water Street LotS had higher usages of between 85%-100%. Parking demand increased in the evening with most public lots having a greater than 90% utilization. In many downtown areas, employees will park at parking meters in order to have convenient parking. It is generally possible to determine where employees are parking during the utilization study, because of the duration of vehicles parked in a specific space. In Stillwater, it is more difficult, because of the long term visitor parking which takes place. The South Main Street Lot has a number of spaces without parking meters, which are used primarily by employees. Even with these spaces, the Thursday study found five employees parked all day at parking meters. The River Lot found three employees at meters on Thursday. Average duration at the unmetered spaces in the River Lot was 4 1/2 hours on Thursday, and 10 hours on Saturday. Wi th the high...., demand for parking, the very high utilization"ofv all spaces, and the number of employees parking at both metered and unmetered spaces, it is nece~~~ry to make several changes in order to provide more customer and visitor parking. The low meter rate, low levels of enforcement and relatively small parking fine all combine to make employee parking at a meter by either plugging the meter repeatedly, or ignoring to pay anything a relatively a safe gamble. The parking management plan attempts to utilize all of the existing public parking in this area for customers and visitors. Employees parking in the area, estimated at approximately 100, could be relocated to other areas through a combination of higher parking rates, more enforcement, and a structured parking plan. . The parking management plan has a number of elements which are detailed in the following paragraphs. PARKING METERS Parking meters will be installed at all open public spaces within the area south of Main Street, including the west side of Main Street, and south of Chestnut street. This will require installation of approximately 84 meters at locations where meters have previously been removed. Because all existing meters which were removed have been utilized in other areas or used for parts, it will be necessary to purchase new meters. A separate report (attached) discusses these specific costs and the type of meters to be installed. . Approximately 140 meters must be converted to reflect a higher rate and longer hours of operation. Parts for the conversion are estimated at approximately $7.00 with the largest cost being labor. A separate report (attached) also specifically addresses cost of conversion. All meters will have a $.25 per hour rate. This rate is significantly higher than the current rate, but less tbat charged in many communities with heavy parking demand. City of st. Paul has a rate of approximately $.75 per hour. Parking in ramps in st. Paul, Minneapolis, and other major communities is significantly higher. Meters at on-street locations could have the first 15 minutes free. Because of the highest demand on weekends and evenings, parking must be regulated during those times. It is therefore, recommended the parking meters be in affect from 8:00 a.m. to 9:00 p.m., 7 days per week. PARKING RESTRICTIONS . To help encourage turnover of parking spaces, two parking limits should be utilized. All on street spaces should have a two hour . limit. The actual usage of many spaces on streets during the usage study vari~d with a high turnover and short duration on Thursday, and a much longer duration on Saturday when the meters were not on effect. Parking limit in the public lots should be four hours. An option of installing a specific number of parking meters with a 10 hour limit is possible. However, the high demand for parking makes a four hour limit more desirable. . SIGNING There are several signing changes which must be made as part of the parking management plan. It will be necessary to make certain that all parking lots and parking meters have clear indications that they are in operation 7' days per week for extended hours. Signs at the entrance to all of the parking lots should clearly indicate that parking meters are in affect 7 days per week, 8:00 p.m. to 9:00 p.m., with a four hour limit. On street parking meters can rely upon directions contained within the meter head. However, it may be desirable to place an informational sign at the entrance to the downtown area indicating that certain meters are in operation 7 days per week. t':','t.,....<~.2 .t:~ It will also be desirable to revise all existing parking directional signs. Apparently, there are several different types of parking signs on Main street including white on blue, and black on white signs. All directional signs should be converted to the standard white and green sign, which is currently identifiable to the motorist. In cooperation with Minnesota Department of Transportation, other signing on Main Street should be evaluated and any unneeded signs should be removed. A separate sign inventory has been made and discussions started with Mn/DOT. The primary sign on Main Street is the City's "no parking 2: 00 a. m. to 6: 00 a. m. " These are in poor condition and should be replaced. . ~ ENFORCEMENT Currently, the C~ty is able to provide enforcement of parking in the downtown area on a part time basis. It will be necessary to provide much greater enforcement if the .longer hours of meter operation and parking restrictions are to be successful. Meters must be monitored and duration of parking must be checked in order to turn over parking spaces to provide maximum utilization. It is suggested that the City hire individuals whose specific duty is to enforce parking regulations throughout the City. A separate report (attached) addresses the specific hours, working conditions, and wages. ~ ~ MISCELLANEOUS The City currently has a number of permits which it grants to individuals who wish to park in the downtown for a specific fee. These employees may park in the Maple Island Lot or at other lots in the downtown. It is recommended that the permit system be revaluated with the following as guidelines. The number of permits in the downtown area should be restricted to only portions of specific lots. Individuals having permits should be required to utilize the areas of these lots, which have less exposure to the general public and which may be less desirable for general public use. As an eKample, permits for the Maple Island Lot should be restricted to the northern most row or the easterly parking spaces. Permi t fees should approximate or be slightly less than the cost of parking at parking meter for the comparable time frame, which might be approximately eight hours. Parking violation tickets currently have a relatively low cost. With the increase in parking rates, the cost of a parking ticket should be significantly higher than the cost of utilizing a meter for a full day. The downtown committee has recommended an increase in rates to approximately $10.00 for parking ticket. Downtown cooperation between employees, employers, and the City will be necessary in order to implement the plan. Even with . increased parking rates, increased enforcement, and clear regulations, th~re will be a tenancy on the part of some individuals to try and beat the system. Downtown individuals should all be aware of the importance of providing convenient parking for customers and visitors. It will be necessary for all to comply with the system and find alternate parking spaces either through permits, private parking areas, other on street spaces further to the west, or utilization of parking areas to the north of the immediate downtown. Both peer pressure and employer requirements should be utilized in an effort to prevent misuse of existing parking spaces. . There are a number of loading zones and handicap parking spaces in the, downtown area. state law requires placement of a specific number of handicapped spaces in the parking lots and as part of the final design, these spaces will be provided. All on street handicap spaces should be removed since the handicap off street spaces are relatively convenient to the downtown and are safer for handicapped individuals to utilize. Loading zones should be evaluated for specific usage and removed if not absolutely necessary. Income from ~arking meters could be significant. If the following assumptions are made, an annual income of over $115,000.00 per year could be realized. The assumptions are that 220 meters will utilize the $.25 per hour rate from 8:00 a.m. to 9:00 p.m., 7 days per week. Overall utilization of the parking meters will be 50% during the summer and 40% during the winter on weekdays, and 80% percent during the summer and 50% during the winter on Saturdays and Sundays. It is assumed that the Sunday usage will only occur for eight of the normal 13 hours. It is also assumed that there is adequate enforcement so that there are few violations. . . 232 South Main Street Stillwater. Minnesota 55082 612-439-4196 SERVICE DEPARTMENT HOURS: 8:00 A.M. to 5:00 P.M. T.V. & APPLIANCES June 19, 1989 Dear Council Members: I am writing this letter because I will miss tonights meeting. I have a previous commitment. I am concerned about the Downtown Parking situation. I am tired of seeing employee cars parked in the same spot year after year. I strongly feel that raising the meters to 25 cents will only create more problems with the shoppers. 25 cents won't be that much of raise to the employees that keep plugging the meters. A percentage of the meters don't work anyway, so it won't ~ost them that much more. I would like to see us adopt a~ system such as Red Wing. When I had a store there, shoppers were much more against them than the Stillwater . people are now. They also had employee abuse. They ~olved the problem by: 1. Removing the meters. 2. Hired a full time woman, to CHALK _tires. They provided her with a uniform and supplied a 3 wheeled Cushman Scooter. 3. She had no other duties. She was solely responsible for the chalking of tires and writing tickets. Red Wing 1. .., ..... . gained by: Revenue went up 3 1/2 times. No investment in new meters; No down time because of defective meters. No lost revenue because of defective meters. No costly repairs of meters. Shoppers quit complaining, even though they were being tagged. There's something about having to plug the meter that makes people very angry. The employee parking problem was solved. 3. 4. 5. 6. 7. Our meter maid should be consistent. Every hour on the hour and six days a week~ She should not be given any other responsibilities. · MAYTAG · KITCHENAID · PANASONIC · JENN.AIR · EPSON · SYLVANIA. SPEED QUEEN. TAPPAN I would like the Council and the Mayor to strongly consider this proposal. To me, this is the least expensive and most effective solution to our problem. . Sinc'-rely, ,^",', {,U'J-- ~:~ - w. J. "~i~~~ley . . . -...._,.'-..- , "' , Notice of Petition To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25~) with extended hours (8:00 to 10:00 p.m./six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that the effectiveness of the parking program will be determ~ned by customers and not by committees and consultants. . . . Notice of Petition To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25~) with extended hours (8:00 to 10:"00 p.m.,six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that the effectiveness of the parking program will be determ~ned by customers and not by committees and consultants. ( u'k.-;:;)v - "' . . . Notice of Petition To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25~) with extended hours (8:00 to 10:00 p.m.,six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that the effectiveness of the parking program will be determ~ned by by committees and consultants. ~ (~~)d;4 r . . . Notice of Petition To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike ~gisteL-Our-disapprd~l in the existing inefficient and unfair parking mismanagement practiGes and ..s pecibical>4~""proposed-twent:'rf':i:ve-een~et~r's-('25(.-) ..w,Lth-ex,tendA~ J?Q9~-'8:.0o-to-10'~O<P-p~l1h"'fsix-days-a....week.) . This proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that the effectiveness of the parking program will be determ~ned by customers and not by committees and consultants. . . . \ \ , \ Notice of Petition To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike ..regi:ster""Our'11!'disapproval. in the existing inefficient and unfair parking mismanagement practiqes and -6peciH'-c~]:ry-i:n......t,he""'Proposed-twent.y--f,iA,e-~ent~met'er~r:-25c::.;. .w i,th,....ex tended~ours.c>>(8 : oo~to~O'fO (}~p..'m.~six:.adaY~;'ali~e.ekl. This proposal is detrimental to the area's attractiveness as a retail and service center for this city. \ I t is noted at this time that the effectiveness of the parking program will be determined by customers and not by committees and consultants. ~t~~ r 1 .~f;) '. . Notice of Petition To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25c) with extended hours (8:00 to 10:00 p.m./six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that the effectiveness of the parking program will be determ~ned by customers and not by committees and consultants. '-7~..?(.'3(." '~ttC /I~/ "cJ 7C~~, c5ft/;;~u ~ ~. ,. . Notice of Petition To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25~) with extended hours (8:00 to 10:00 p.m..six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that the effectiveness of the parking program will be determined by . not by committees and consultants. .i """'~:t,,,~,.,,,. ;;;'~ ../ / i; ,;1 IV /'<.-ct.-vt--I-c>e..C.'-CGL<___ 7 !- tc/.1.- / ( :1J.I' V/( <<~~\ (/~!d!(}:fLc&t~ bft:;;:. . I~ ~ . " ' Al c; ,( ~/~ {<? rr itl .,4 r;tu-f /1/1 -t!::;ll~f!J1~ . ~ e e- e / / Notice of Petition - To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25~) with extended hours (8:00 to 10:00 p.m.,six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that the effectiveness of the parking program will be determined by customers and not by committees and consultants. /~ .k9' ~. 5rILLvJA-~~ .~.~ V1 ,;1 '-( " Or '^'- '-\ . . . Notice of Petition To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25~) with extended hours (8:00 to 10:00 p.rn.,six days a week). This proposal is detrimental to the area1s attractiveness as a retail and service center for this city. It is noted at this time that the effectiveness of the parking program will be determ~ned by ~s an~ not by committees and consultants. ~~ d., n - r . . . Notice of Petition To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25~) with extended hours (8:00 to 10:00 p.m.,six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that the effectiveness of the parking_program will be determri..ned by .~~~~~~~:z~.;(!~;~~ .~,. ~';'.IlI_'< '_.,-~-----,:;~:::;~:-~----~-",._~v'---:-;~~;:"~r~~,;,?~ mers and commi ttees and consul tants ."~+_. -'''C''''~>'''''' "~.~;:+"""'=. 'YY1 . -~~ O/~ , ~' a::: ~j- ~(2 L (t)tAJ]~ .{301JJ\. ~ k_j ItA tJ W~ ~~~ ~( W'N Jf P (Zu (. J7)~~~ --~:,;"".< / ~ O,vJAict/~)'VM _t)d.rJJtlJ\LL ')..aA~ ~~^-' ~()n/n ;3-'1< ~'4.Jl/Y1 ---'" ~ --'" . . . Notice of Petition To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25~) with extended hours (8:00 to 10:00 p.m.,six days a week). This proposal is detrimental to the area's attractiveness as a retail \nd service center for this city. It is noted at this time that ttle effectiveness of the parking program will be determined by ot by committees and consultants. , sf-, Cro~ ~ r ----. . Notice of Petition To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (259) with extended hours (8:00 to 10:00 p.m.,six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that the effectiveness of the parking program will be determdned by . by committees and consultants. tvn0 i ilafPi- . r ~ . . . Notice of Petition To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25<:) with extended hours (8:00 to 10:00 p.m.,six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that the effectiveness of the parking program will be determaned by custo~ers and not by committees and consultants. } ....... . . . Notice of Petition To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five c~nt meters (259) with extended hours (8:00 to 10:00 p.m.,six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that the effectivenes!:j,.,S>% the parking program will be determd.ned by ~~~<lf:r.''''''''''''''''''''"''~:' ',', ' , ,,---,' ' '-"'''':~~~~':2}-';'2~~0~-'~:.i,'' .,;:"'L~;;'~,',:t3::;\.,.".;;:;~"-~~:t-'?,-', ':':,','" ,,:,,;,,>:,}.,,-;"; ;";-'Z;::'Y;;;;::~~r:;0tJi~7,ti', r,o-(j,;{~t;~,~!o'r;:';:<'t~<~:::.:;l"t:t"a .""",c,:~~m':f~",~o~, .~y. ,co. mmit te~s.}'?/"~<;>,~.::~~t~~ ts . .. ',.' :2::';"/(11 '):'~:'~~~~~/-1/~' .- ~C;<J-;*t c cttzJ--"~'~O'<~ ~.\\ '\ C~J1 ~U -----'" r . Notice of Petition To Stillwater City Council Stillwater, MN 55082 . We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25Q) with extended hours (8:00 to 10:00 p.m.,six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that the eJfectiv.~ness of the parking program will be determri.ned by '~::.;~i1'!'~.~_~.'i~-' customers and not by I) . 1 . I , ~ /A1 rLd<ch ~/1Vldt1 / 'J f\ \r\ ill L C\. vv, ~:t~"~ ~ t'- , . '~/{\ Ai ^ '. e.{/l/L~Q ~ -_.. 0_~~ , I -~ ~ r::..- E-~o S-~ Y\- ';.\ . --p ~-/I ,/ I L~ 'c'r -IR~ / Hi"~E~ 1/\;'\ ; vl f ~(JV;{C vA- C'o"", t-,\2-'. ~'\1". :t\\~ ~\} '~~ l~ci~ ('-"1'1-0 4)' "\ 9 - ~ b' ~ \\. ,~'-'-..... ......~ ~ ~\~, . \,~ ,~ l~ . Notice of Petition - To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unf~ir parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25~) with extended hours (8:00~o 10:00 p.m.,six days a week). This IJ ./'/, proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that the~ffectiyene?s of the parking program will be determIined by iliill_~.~..~U~~,,,;J~ ~~;dl''\I'<;';':',~'i~f.!'''''':t\',,,,,1.t'''','''i'''.~''''''':~~'''~''';k'''~'''':'""~",,~,~~~,,,,"';,~'.:'~:;clt~. · ~~~~~~~~~~~vr~~ / ~~ff&~/ :;:::; J~~ ~~~ .~ . ~ ~ 3S'3 '6 ",-l.<\L: 't-M'M:+-. ~ II- yo/) ( Y1. . _.__ ~___..__ 0..__ ., . Notice of Petition - To Stillwater City Council Stillwater, MN 55082 . We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25~) with extended hours (8:00 to 10:00 p.m.,six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that ~e effec:tiy~nes t:.._t.h~_~~j..Jl~~_".,~1..~7m~~~~~,9.,;.eY- custom_~rs and not by com~i ttees and consul tants...._ ....,..c:1i-W!Y.",.t.;.:'~6!>Ji1u.;:';A"!:."'~~;:~ ~~~~.......~.--~ . (D nJ J ~~(\. '\)",,-,<- d.,d.3 R:UeIZCreST DiC ~~fH1 0l ~. . ~40 IIc . . ~ 3175~~~ ==~ 0.ef\JNIc=.. . PP~T~j/.' . mAIN :31: . --nW Jm,,; C ~ /)fJ.j/~ $/:/11 rJfP_ 2 0 /( ,1'1 D tv II,,/( m ~R If W 00 D %/~~~~ /cJ6~ec.Z/....e:'L.,g ~.a~;zt./:~-~/Y ~:~~t4'D;;7~k~ ftt~/0i;?'0~~ 07 .L../ A - - 't 15-71. Vh . I :~t4< 'A1-e&"",,).,,__ ilie~. ~~ ~ lJJz9L~~ ::Sd ~~~ Mc&= ~ . . . Notice of Petition _ To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practiqes and specifically in the proposed twenty-five cent meters (25~) with extended hours (8:00 to 10:00 p.m./six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that the effectiveness of th~ parking program will be determined by customers and not by committees and consultants. " " .:-:// A::' 4j;{~-./ , ~ ../ ~. ~ .i/V1'.LfM<-- .~)~ /oJf(/~~~ I~ J24 ' _ cUL.Av~!r/ /i'1-/ / &J cUz.. (:erA- /~~ J7..;b ~ .0 bk",' ,:./ / .'l ~{j;/ZL ~ Ad4 . ~/7fiG' . $c9f/d/ ~ . Notice of Petition - To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25~) with extended hours (8:00 to 10:00 p.m.,six dais a week). This proposal is detrimental to the area1s attractiveness as a retail and service center for this city. It is noted at this time that the effectiveness of the parking program will be determined by customers and not by committees and consultants. . ~-,,~ ~I (J i/!.'-i~ ~l~~. QIrJ},~! 4 It)Zj~q (Jf21il1 N ~i<is~ I I,' (' /. .-- . I ' 1_ / ~';','1 ./ ~(-,/"'-_ ..)/1 tv. CJI-It.-~ J'I-/IIf-i... ~ 27-'1 50 /l1AJ I A . sf 11/ ;jJb'?;z--",,-- >i1II\Al~ . 't1/ tV t:l ~nt{0~' ~bo N. l.o~ s+ 1323 ~f24ST . " " Notice of Petition _ To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25~) with extended hours (8:00 to 10:00 p.m.,six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city. ' It is noted at this time that the effectiveness of the parking program will be determined by customers and not by committees and consultants. . . ~~,~ ~I~ . 'I ~ '?x-l f(Qbo ~~.'\ ~ ~ ~{{~O '\('0-0 I.J~~"'" f"Y'lf\ ~~'Z . m )!l~t:::, . ..'-=' \ "\ - 9 3b~ (\an 1 '~..ll. b ~-t 'J,JJ. c, ~;., Sh',k()a~ ,/~( ~ 'az:: () ~Jif.,W ..,- 'Sn~ . . . , .' " Notice of Petition To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practiGes and specifically in the proposed twenty-five cent meters (25c) with extended hours (8:00 to 10:00 p.m./six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city., It is noted at this time that the effectiveness of the parking program will be determaned by committees and consultants. J.r J"'I'-<-<-,A/cX ,~, ) r- - l { , ( 0<=1 (C? ~ --.~71 /!?(; k{i;/2- ---" . . . .. J .. .... Notice of Petition To Stillwater City Council Stillwater, MN 55082 We, the undersigned, representing both Stillwater customers and business establishments alike register our disapproval in the existing inefficient and unfair parking mismanagement practi~es and specifically in the proposed twenty-five cent meters (25~) with extended hours (8:00 to 10:00 p.m./six days a week). This proposal is detrimental to the area's attractiveness as a retail and service center for this city. It is noted at this time that the effectiveness of the parking program will be determ~ned by customers ~nd not by committees and consultants. ff1/Wr9'~{ f2M. i.i.<-e.- d'~~ .~~ t1A/~1f, ~ ~1-8-J-n ~tU.LJ. - tJ /~) /.I(..<t~~) CUL.L. LLt..<?- --" " . . . "l. .", ~iJv~ate~ ";:-""",,, " .", ,,~ TO: FROM: DATE: MAYOR AND CITY COUNCIL STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR JUNE 13, 1989 SUBJECT: MODIFICATION OF THE MODIFIED DEVELOPMENT PROGRAM RELATED TO DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 5 FOR THE BRICK POND AREA. BACKGROUND: On May 16th, the City Council considered establishing an Economic Development Tax Increment District for the Brick Pond Plan Area. (See attached map.) A public hearing was set to consider the item on June 20, 1989. Since that time, the hearing notice was published in the local paper and notices sent to the #834 School District and Washington County as required by law. No comments on the modification have been received as of. this writing. PROGRAM SUMMARY The tax increment funds generated through new development in the Brick Pond Economi c Development Area will be used to enhance the quality of publ i c improvement and to reduce the extraordinary utility improvement cos~s caused by an inappropriate subdivision pattern and incompatible land uses. The Brick Pond Planning Area contains land-locked parcels (no street address) and commercial and multifamily residential development next to a stable, single family neighborhood. TIF proceeds can be used to reduce util ity improvement costs in line wi th other competitive sites in the area. This will increase the likelihood for the area to develop. The need for a neighborhood park and Greenbelt Buffer was identified in the Comprehensive Plan for the area. TIF funds will be used to purchase land for the park and make park improvements and to establish a landscape buffer between incompatible land uses. Remaining TIF proceeds will be sued to upgrade and rehabilitate Downtown Stillwater. PLANNING COMMISSION REVIEW On June 12, 1989, the Planning Commission reviewed the modification for consistency with the City Comprehensive Plan. The Commission determined that the modification is consistent with the plan (resolution attached). CITY COUNCIL ACTION After reviewing the program modification, reviewing the Planning Commission recommendation and hearing public comments, the City Council can approve the modification by passing the attached resolution and directing Staff to file the modification with Washington County and the State. ATTACHMENT: - Program modification. - Planning Commission Resolution CPC/89-5. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 tt m (J') .... :I r= ,.. C/J ~ :0 ~ ..... ~ "'0 G) ~ m ,;0 :0 i~ ~ ,.. 0 3: 00 > C/J 1) g ~ ::r G) :0 m m ,.. m -< )0- :0 m > 0"1 ;.. .::~, .. l> ''''w. flU!t , .~ N~ ~ (,Me, ~ ~~ . (,ol (,ol -4 :::0 C Z ^ ~ ... ~ ..... ~'" . . ,., " J-I " " . o \of <<- .', . t' ~ !J' ~ '\)a '" -<:u. '" o I ~ f~ I' - (i) ~ :r ". .... ~~ ~ N ~ l> I! -< n !If ~ (\ 0: N I (J) l> ~ ~ .. -t F r>> (jI r- ~ .> -t Z m p ?J ~ Z (}II z en m (J) 0 . ... ~ I ~ 8 ,<2 4l) c--- ~ --- ~ ~ ~ ~ ~ 'b~ " () ~ ~ ~,. , ~ C' " .,.C' b -,. ~ " ~ ~. ! .. ~ ~ . . . RESOLUTION OF THE STILLWATER PLANNING COMMISSION FINDING THE CITY'S MODIFICATION OF THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO= 1, THE MODIFIED TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1 THROUGH 4, AND THE PROPOSED TAX INCREMENT FINANCING PLAN FOR PROPOSED TAX INCREMENT FINANCING DISTRICT NO.5, ALL LOCATED THEREIN, TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY. WHEREAS, the City's proposed modification of the Development Program for Development District No.1, the Modified Tax Increment Financing Plans for Tax Increment Financing District Nos. 1 through 4 and the Tax Increment Financing Plan for proposed Tax Increment Financing District No.5, respectively, within Development District No. 1 have been submitted to the stillwater Planning Commission pursuant to Minnesota Statutes, Sections 469.124 through 469.134 and Section 469.175, Subd. 3(c), respectively, and WHEREAS, the Planning Commission has reviewed the proposed Modified Development Program, the Modified Tax Increment Financing Plans and the Tax Increment Financing Plan (together, the "Plans") to determine the consistency of the Plans to the Comprehensive Plan of the City. NOW, THEREFORE, BE IT RESOLVED by the Stillwater Planning commission that the Plans are consistent with the stillwater - Comprehensive Plan. Adopted: June 12, 1989. ~~Cd~~~~ - 'Chairman ATT;~~~ . . . Councilmember introduced the following resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: CITY OF STILLWATER COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION RELATING TO THE MODIFICATION OF THE MODIFIED DEVELOPMENT PROGRAM RELATING TO DEVELOPMENT DISTRICT NO.1, THE MODIFICATION OF THE TAX INCREMENT FINANCING PLANS RELATING TO TAX INCREMENT FINANCING DISTRICTS NOS. 1 THROUGH 4, AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 5 AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN RELATING THERETO, ALL LOCATED WITHIN DEVELOPMENT DISTRICT NO.1. BE IT RESOLVED that the City Council (the "Council") of the City of Stillwater (the "City"), as follows: Section 1. Recitals. 1.01. It has been proposed that the City modify the Modified Development Program for Development District No. 1 to reflect an _enlargement of the project area and increased project costs, pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, inclusive. It has been further proposed that the City modify the Tax Increment Financing Plans for Tax Increment Financing District Nos. 1 through 4, located within Development District No. 1 to reflect increased project costs, and establish Tax Increment Financing District No. 5 and adopt the Tax Increment Financing Plan relating thereto, pursuant to and in accordance with Minnesota Statutes, Sections 469.174 to 469.179, inclusive. 1.02. The Council has caused to be prepared, and has investigated the facts with respect thereto, a proposed modification of the Modified Development Program (the "Modified Development Program") for Development District No.1, defining more precisely the geographic area to be included and project costs to be undertaken wi thin Development District No.1; the proposed modification of the Tax Increment Financing Plans (the "Modified Tax Increment Financing Plans") for Tax Increment Financing Districts Nos. 1 through 4 and the proposed Tax Increment Financing Plan (the "Tax Increment Financing Plan") for proposed Tax Increment Financing District No. 5 (collectively referred to as the "Plans"). 1.03. The City has performed all actions required by law to be performed prior to the modification and the adoption of the . . . Plans, including, but not limited to, a review of the proposed Plans by the Planning Commission and the holding of a public hearing upon published and mailed notice as required by law. 1.04. The Council hereby determines that it is necessary and in the best interest of the City at this time to modify the Modified Development Program and the Modified Tax Increment Financing Plans to reflect increased project costs and an enlargement of the project area and to establish Tax Increment Financing District No. 5 and adopt the Tax Increment Financing Plan relating thereto. Section 2. Findings for the Modification of Development District No. 1 and the Establishment of proposed Tax Increment Financing District No. 5 located therein. 2.01. The Council hereby finds, determines and declares that the modification by enlargement of the geographic proj ect area and increased project costs of Development District No. 1 is intended and, in the judgment of this Council, its effect will be, to further provide an impetus for commercial, industrial and housing development, increase employment and otherwise promote certain public purposes and accomplish certain objectives as specified in the Modified Development Program. 2.02. The Council hereby finds, determines and declares that the establishment of proposed Tax Increment Financing District No. 5 located within Development District No. 1 is intended and, in the jUdgment of this Council, its effect will be, to further provide an impetus for commercial and industrial development, increase employment and otherwise promote certain public purposes and accomplish certain objectives as specified in the Tax Increment Financing Plan. 2.03. The Council finds, determines and declares that the proposed development, hous ing , and redevelopment, in the opinion of the Council, would not occur solely through private investment within the reasonably forseeable future and, therfore, the use of tax increment financing is deemed necessary. 2 . 04 . The the proposed Tax Financing District the City. Council finds, determines and declares that Increment Financing Plan for Tax Increment No. 5 conforms to the comprehensive plan of 2 . 05. The Council finds, determines and declares that the proposed Tax Increment Financing Plan for Tax Increment Financing District No. 5 will afford maximum opportunity, be consistent with the sound needs of the City as a whole, for the development or redevelopment of Development District No. 1 by private enterprise. 2.06. The Council hereby finds, determines and declares that the Tax Increment Financing District No. 5 is an economic development type of tax increment financing district and that the City finds it to be in the public interest because: (a) it will discourage commerce, industry, or manufacturing from moving their . . . employment in the municipality; or (c) it will result in preservation and enhancement of the tax base of the municipality. 2.07. The _ Council determines and declares :that Development District No. 1 is hereby modified and that Tax Increment Financing District No. 5 is hereby established. 2.08. The Council further finds, declares and determines that the City made the above findings stated in Section 2 and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. Section 3. Adoption of the Plans. 3.01. The Plans presented to the Council on this date, are hereby approved and adopted and shall be placed on file in the office of the City Clerk. Section 4. Implementation of the Modified Development Program, the Modified Tax Increment Financing Plans and the Tax Increment Financing Plan. 4.01. The officers of the City, the City's financial advisor, underwriter and the City's legal counsel and bond counsel are authorized and directed to proceed with the implementation of the respective Plans and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupn said resolutoin was declared duly passed and adopted, and was signed by the Mayor and attested to by the City Clerk. Dated: June 20, 1989. Mayor Attest: City Clerk . . . EXHIBIT A TO RESOLUTION NO. The reasons and facts supporting the findings for the establishment of Tax Increment Financing District No. 5 and adoption of the Tax Increment Financing Plan relating thereto as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 5 is an "economic development district" as defined in Minnesota Statutes, Section 469.175. Subdivision 12. Tax Increment Financing District No. 5 does not meet the requirements of a redevelopment district, mined underground space development district or housing district but its establishment is in the public interest because the proposed development will result in increased employment, as well as enhance the tax base of the city. 2. Finding that the proposed development, in the op1n1on of the Council, would not occur solely through private investment within the reasonable foreseeable future and, therefore, the use of tax increment financing is deemed necessary. City staff has reviewed available financing costs and has determined that because of certain off site public improvements required to be undertaken by the City, the project would not be feasible without the City's assistance. 3. Finding that the Tax Increment Financing Plan conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the Tax Increment Financing Plan for Tax Increment Financing District No. 5 on June 12, 1989, and determined that the Tax Increment Financing Plan for Tax Increment Financing District No. 5 conforms to the comprehensive plan of the City. 4. Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 5 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. 1 by private enterprise. Tax increment revenues can be used to reduce utility improvement costs in line with other competitive sites, increasing the likelihood for the area to be developed by private enterprise. . . . '. ' STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER ) ) ss. ) I, the undersigned, being the duly qualified and acting Clerk of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of a meeting of the city Council of said City held on the date therein indicated with the original minutes thereof on file in my office and that the same is a full, true, and correct transcript thereof insofar as said minutes relate to Resolution No. WITNESS my hand officially and the official seal of the city this ____ day of June, 1989. Clerk .. . . . , . MODIFIED DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 INCLUDING MODIFIED TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NO.1, (Downtown and Industrial Park Scattered Site Redevelopment District) TAX INCREMENT FINANCING DISTRICT NO. 2, (Nelle Project) TAX INCREMENT FINANCING DISTRICT NO. 3, (Arkel1 Project) . -AND TAX INCREMENT FINANCING DISTRICT NO. 4 (Woodland Lake Project) AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 5 (BRICK POND PROJECT) OF THE CITY OF STILLWATER, MINNESOTA June 20, 1989 . . . . ~ p STATUTORY REFERENCES During the 1987 Minnesota Legislative Session, the development statutes were recodified into one chapter, Chapter 469 of Minnesota Statutes. The following table cross-references the previous statutory cites with the recodified cites. Previous Statutory Cite Recodified Cite 472A.01 472A.02 472A.03 472A.04 472A.05 472A.06 472A.09 472A.10 472A.11 472A.12 472A.13 273.73 273.74 273.75 -273.76 273.71 273.78 Chapter 474 469.124 469.125 469.126 469.127 469.128 469.129 469.130, 469.131 469.132 469.133 469.134 469.174 469.175 469.176 469.177 469.178 469.179 469.152 - 469.165 . . " MUNICIPAL ACTION TAKEN _ Based upon the statutory authority described in the Modified Development Program attached hereto, the public purpose findings -'by the City Council and for the purpose of fulfilling the City's development objectives as set forth in the Modified Development Program, the City Council has created, established and designated Development Distr ict No. 1 pursuant to and in accordance with the requirements of Minnesota Statutes, Section 469.126. On February 21, 1989, the Ci ty Council modified the Modified Development Program and the tax increment financing plans for all tax increment financing districts located within Development District No. 1 to reflect the implementation of a master project concept within Development District No.1. The following municipal action was taken in connection therewith: . May 7, 1985: The Development Program for Development District No. 1 was adopted by the City Council. October 1, 1985: The Development Program for Develop- ment District No. 1 was modified by the City Council to modify the project area boundaries. December 12, 1985: The Development Program for Devel- opment District No. 1 was modified by the City Council to modify the project area boundaries. February 21, 1989: The Development Program for Development District No. 1 ~.was modified by the City Council to reflect the implementation of a master project concept wi thin Development Distr ict No. 1 and increased project costs. June 20, 1989: The Development Program for Development Distr ict No. 1 was modified by the City Council to reflect an enlargement of the project area and increased project costs. The following municipal action was taken with regard to the Tax Increment Financing Districts located within Development District No.1: . Tax Increment Financing District No. 1 (Downtown and Industrial Park Scattered Site Redevelopment District): May 7, 1985: The Tax Increment Financing Plan for Tax Increment Financing Distr ict No. 1 was adopted by the City Council. . . . .. ect) : October 1, 1985: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 was modified by the City Council. December 12, 1985: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 was modified by the City Council. November 3, 1987: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 was modified by the City Council. February 21, 1989: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 was modified by the City Council to reflect the implementation of a master plan concept within Development District No.1. June 20, 1989: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 was modified by the City Council to reflect an enlargement of the project area and increased costs. Tax Increment Financing District No.2 (Nelle Project): December 12, 1985: The Tax Increment Financing Plan for Tax Increment Financing District No. 2 was adopted by the City Council. February 21, 1989: The Tax Increment Financing Plan for Tax Increment Financing District No. 2 was modified by the City Council to reflect the implementation of a master plan concept within Development District No.1. June 20, 1989: The Tax Increment FJnancing Plan for Tax Increment Financing District No. 2 was modified by the City Council to reflect an enlargement of the project area and increased project costs. Tax Increment Financing Distr ict No. 3 (Arkell proj- December 12, 1985: The Tax Increment Financing Plan for Tax Increment Financing District No. 3 was adopted by the City Council. February 21, 1989: The Tax Increment Financing Plan for Tax Increment Financing District No. 3 was modified by the City Council to reflect the implementation of a master plan concept within Development District No.1. June 20, 1989: The Tax Increment Financing Plan for Tax Increment Financing District No. 3 was modified by the City Council to reflect an enlargement of the project area and increased project costs. . . . Project): Tax Increment Financing District No. 4 (Woodland Lake Apr ill, -1986: The Tax Increment Financing Plan for _ Tax Increment Financing District No. 4 was adopted by the City Council. Februarv 21, 1989: The Tax Increment Financing Plan for Tax Increment Financing District No. 4 was modified by the City Council to reflect the implementation of a master plan concept within Development District No.1. June 20, 1989: The Tax Increment Financing Plan for Tax Increment Financing District No. 4 was modified by the City Council to reflect an enlargement of the project area and increased project costs. Tax Increment Financing District No. 5 (Brick Pond Project): June 20, 1989: The Tax Increment Financing Plan for Tax Increment Financing ,District No. 4 was adopted by the City Council. . TABLE OF CONTENTS (This Table of Contents is not part of the Modified Develop- ment Program and is only for convenience of reference.) Paqe SECTION I. MODIFIED DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 Subsection 1.1. Subsection 1.2. Subsection 1. 3. Subsection 1.4. Subsection 1.5. Subsection 1.6. Subsection 1.7. Subsection 1.8. Subsection 1.9. Subsection 1.10. . Subsection 1.11. Subsection 1.12. Subsection 1.13. Subsection 1.14. Subsection 1.15. Definitions Statement Purpose Statutory Authority Statement of Objectives Estimated Public Costs and Supportive Data Environmental Controls Open Space to be Created Public Facilities to be Considered Proposed Reuse Administration of Development Rehabilitation Relocation. Boundaries of Development District Parcels to be Acquired or May Be Acquired in Whole or in Part Within the Development District Modification of Development Program for Development District No. 1 and Finding of of Property and Maintenance District EXHIBIT I-A Boundary Map of Development District No. 1 as of December 12, 1985 SECTION II. MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 Subsection 2.1. Subsection 2.2. Subsection 2.3. Subsection 2.4. Subsection 2.5. Subsection 2.6. . Subsection 2.7. 1-1 Public 1-2 1-3 1-4 1-5 1-11 1-11 1-11 1-12 1-14 1-14 1-15 1-15 1-17 1-18 I-A-l Statement of Objectives 2-1 Development Program 2-1 Parcels to be Included in Tax Increment Financing District No. 1 2-1 Parcels in Acquisition 2-5 Development Activities Expected to Occur within the Tax Increment Financing District 2-5 Development Activity in the Tax Increment Financing District for which Contracts have been signed 2-6 Other Specific Development Expected to Occur within the Tax Increment Financing District 2-6 . Subsection 2.8. Estimated Cost of Project 2-7 Subsection 2.9. Estimated Amount of Bonded Indebtedness 2-7 Subsection 2.10: Sources of Revenue 2-7 Sub$.ection 2.11. Estimated Original Assessed Value and Captured Assessed Value 2-8 Subsection 2.12. Type of Tax Increment Financing District 2-10 Subsection 2.13. Duration of Tax Increment Financing District No. 1 2-12 Subsection 2.14. Estimated Impact on Other Taxing Jurisdictions 2-12 Subsection 2.15. Modification of Tax Increment Financing Plan for Tax Increment Financing District No. 1 2-16 Portions of Tax Increment Financing Plan for Tax Increment Financing District No.1 as Adopted May 7, 1985 II-A-l EXHIBIT II-A EXHIBIT II-B Portions of Tax Increment Financing Plan for Tax Increment Financing District No. 1 as Modified October 1, 1985 II-B-l EXHIBIT II-C Portions of Tax Increment Financing Plan for Tax Increment Financing District No.1 as Modified December 12, 1985 II-C-l . EXHIBIT 11-0 Portions of Tax Increment Financing Plan for Tax Increment Financing District No. 1 as Modified November 3, 1987 11-0-1 EXHIBIT II-E Boundary Map of Tax Increment Financing District No~ ,1 as of November 3, 1987 II-E-l SECTION III. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 2 Subsection 3.1. Subsection 3.2. Subsection 3.3. Subsection 3.4. Subsection 3.5. Subsection 3.6. Subsection 3.7. . Subsection 3.8. Statement of Objectives 3-1 Development Program 3-1 Parcels to be Included in Tax Increment Financing District No. 2 3-1 Parcels in Acquisition 3-2 Development Activity Expected to Occur within Tax Increment Financing District No 2 3-2 Development Activity in the Tax Increment Financing District for which Contracts have been Signed 3-3 Other Specific Development Expected to Occur within the Tax Increment Financing District 3-3 Estimated Cost of Project 3-3 . Subsection 3.9. Subsection 3.10. Subsection 3.l~. Subsection 3.12. Subsection 3.13. Subsection 3.14. Subsection 3.15. Estimated Amount of Bonded Indebtedness Sources of Revenue Estimated Original Assessed Value and Captured Assessed Value Type of Tax Increment District Duration of Tax Increment Financing District No. 2 Estimated Impact on Other Taxing Jurisdictions Modification of Tax Increment Financing Plan for Tax Increment Financing District No. 2 3-3 3-3 3-4 Financing 3-5 3-5 3-5 3-7 Portions of Tax Increment Financing Plan for Tax Increment Financing District No. 2 as Adopted December 12, 1985 III-A-l EXHIBIT III-A Boundary Map of Tax Increment Financing District No. 2 as established December 12, 1985 III-B-l EXHIBIT III-B SECTION IV. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3 . Subsection 4.1. Subsection 4.2. Subsection 4.3. Subsection 4.4. Subsection 4.5. ". Subsection 4.6. Subsection 4.7. Subsection 4.8. Subsection 4.9. Subsection 4.10. Subsection 4.11. Subsection 4.12. Subsection 4.13. Subsection 4.14. . Statement of Objectives -Development Program Parcels to be Included in Tax Increment Financing District No. 3 Parcels in Acquisition Development Activity in the Tax Increment Financing District for which Contracts have been Signed Other Specific Development Expected to Occur within the Tax Increment Financing District Estimated Cost of Project Estimated Amount of Bonded Indebtedness Sources of Revenue Estimated Original Assessed Value and Estimated Captured Assessed Value and Estimate of Tax Increment Type of Tax Increment Financing District Duration of Tax Increment Financing District No. 3 Estimated Impact on Other Taxing Jurisdictions Modification of Tax Increment Financing Plan for Tax Increment Financing District No. 3 4-1 4-1 4-1 4-1 4...2 4-2 4-2 4-3 4-3 4-3 4-4 4-5 4-5 4-7 . EXHIBIT IV-A EXHIBIT J;V-B Portions of Tax Increment Financing Plan for Tax Increment Financing District No. 3 as Adopted December 12, 1985 IV-A-l Boundary Map of Tax Increment Financing District No. 2 as established December 12, 1985 IV-B-l SECTION V. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4 Subsection 5.1. Subsection 5.2. Subsection 5.3. Subsection 5.4. Subsection 5.5. Subsection 5.6. Subsection 5.7. Subsection 5.8. . Subsection 5.9. Subsection 5.10. Subsection 5.11. Subsection 5.12. Subsection 5.13. Subsection 5.14. EXHIBIT V-A EXHIBIT V-B SECTION VI. . Statement of Objectives Development Program Parcels to be Included in Tax Increment Financing District No. 4 Parcels in Acquisition Development Activity in the Tax Increment Financing District for which Contracts have been Signed Other Specific Development Expected to Occur within the Tax Increment Financing District Estimated Cost of Project Estimated Amount of Bonded Indebtedness Sources of Revenue Original Assessed Value and Estimated Captured Assessed Value and Estimate of Tax Increment Type of Tax Increment District Duration of Tax Increment Financing District No. 4 Estimated Impact on Oth~r Taxing Jurisdictions Modification of Tax Increment Financing Plan for Tax Increment Financing District No. 4 5-1 5-1 5-1 5-1 5-2 5-2 5-2 5-3 5-3 5-3 Financing 5-4 5-5 5-5 5-7 Portions of Tax Increment Financing Plan for Tax Increment Financing District No. 4 as Adopted April 1, 1986 V-A-l Boundary Map of Tax Increment Financing District No. 4 as established Apr ill, 1986 V-B-l TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 5 , Subsection 6.1. . Subsection 6.2. Subsection 6.3. Subsection 6.4. Subsection 6.5. Subsection 6.6. Subsection 6.7. Subsection 6.8. Subsection 6.9. Subsection 6.10. Subsection 6.11. Subsection 6.12. Subsection 6.13. Subsection 6.14. . EXHIBIT VI-A Statement of Objectives 6-1 Development Program 6-1 Parcels to be Included in Tax Increment Financing District No. 5 6-1 Parcels in Acquisition 6-2 Development Activity in the Tax Increment Financing District for which Contracts have been Signed 6-2 Other Specific Development Expected to Occur within the Tax Increment Financing District 6-2 Estimated Cost of Project 6-3 Estimated Amount of Bonded Indebtedness 6-3 Sources of Revenue 6-3 Original Assessed Value and Estimated Captured Assessed Value and Estimate of Tax Increment 6-3 Type of Tax Increment Financing District 6-3 Duration of Tax Increment Financing District No. 5 6-4 Estimated Impact on Other Taxing Jurisdictions 6-5 Modification of Tax Increment Financing Plan for Tax Increment Financing District No. 5 6-5 Boundary Map of Tax Increment Financing District No.5 as established June 20, 1989 VI-A-l EXHIBIT VI-B "But For" Finding VI-B-A EXHIBIT VI-C Adjustments to original Value VI-C-A APPENDIX A Administrative Guide for the Administration of the Modified Development Program for Development District No. 1 Exhibit 1 A-I Model Information the School Board, and the office of Auditor . Form to be Submitted to Washington County Board, the Minnesota State l-A-l ~ . . . SECTION I. MODIFIED DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 (AS MODIFIED FEBRUARY 21, 1989) Subsection 1.1. Definitions. The terms defined below shall, for purposes of this Development Program, have the mean- ings herein specified, unless the context otherwise specifically requires: "City" means the City of Stillwater, a municipal corpo- ration and political subdivision of the State of Minnesota desig- nated as a home rule charter city. "Comprehensive Plan" means the City's Comprehensive Plan which contains the objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and water within the City. "Council" means the Ci ty Council of the City, also referred to as the governing body. "County" means the County of Washington, Minnesota. "Development District Act" means the statutory provi- sions of Minnesota Statutes, Sections 469.124 through 469.134, as amended and supplemented. "Development District" means Development District No. 1 in the City, which is created and established hereto pursuant to and in accordance with the Development District Act, and is geog;q.phically described in Section I, Subsection 1,.13- of the Development Program. "Development Program" means this Development Program for Development District No.1, initially adopted by the Council on May 7, 1985, and as it has been modified. As defined in Minnesota Statutes, Section 469.125, Subdivision 3, a development program is a statement of objectives of the City for improvement of a development district which contains a complete statement as to the public facilities to be constructed within the district, the open space to be created, the environmental controls to be applied, the proposed reuse of private property and the proposed operations of the district after the capital improvements within the di~trict have been completed. "Master Proiect" means that the Tax Increment Financing Plan for each Tax Increment Financing District within Development Distr ict has been modified to include the cost of the public improvements authorized in all the other Tax Increment Financing Plans for all other Tax Increment Financing Districts with the Development District. This has the effect of allowing tax 1-1 . .. . . ipcrement generated from any Tax Increment Financing District to be used for the payment of any public improvements authorized with the Development District. "Municipal Industrial Development Act" means the statu- tory provisions of Minnesota Statutes, Sections 469.152 through 469.165. "Municipality" means any city, however organized, as defined in Minnesota Statutes, Section 469.125, subd. 2. "proiect Area" means the Development District as geo- graphically described in Section I, Subsection 1.13, of the Development Program. "State" means the State of Minnesota. "Tax Increment Bonds" means any general obligation or revenue tax increment bonds issued and to be issued by the City to finance the public costs associated with the Development Distr ict as stated in the Development Program and in the Tax Increment Financing Plan for the Tax Increment Financing District within the Development District. The term "Tax Increment Bonds" shall also include any obligations issued to refund the Tax Increment Bonds. "Tax Increment Financina District" means any tax incre- - ment financing district presently established or to be estab- lished in the future in the Development District. "Tax Increment provisions of Minnesota 469.179, inclusive. Financina Statutes, Act" means Sections the statutory 469.174 through - "Tax Increment Financina Plan" means the respective Tax Increment Financing Plan, and as the same shall be modified, for each Tax Increment Financing District located within the Project Area. Subsection 1.2. Statement and Findina of Public Pur- pose. (AS ORIGINALLY ADOPTED MAY 7, 1985) It is found that there is a need for new development in the City of Stillwater, Minnesota, to encourage development wi thin areas which are already built up to provide employment opportu-ni ties to improve the local tax base and to improve the general tax base of the state. The Council of the City determines that there is a need for development and redevelopment within the corporate limits of the City in the Development District to provide employment oppor- tuni ties, to improve the tax base and to improve the general 1-2 " . . . " ~conomy of the State. It is found that the area wi thin the Development District is potentially more useful and valuable than is being realized under existing development, is less productive than is -possible unaer this program and, therefore, is not con- tributing. to the tax base to its full potential. , Therefore, the City has determined to exercise its author i ty to develop a program for improving the Development District of the City to provide impetus for private development, to maintain and increase employment, to utilize existing potential and to provide other facilities as are outlined in the Development Program adopted by the City. The Council has also determined that the proposed developments would not occur solely through private investment in the foreseeable future; that the tax increment financing plans proposed herein are consistent with the Development Program; and that the tax increment financing plans will afford maximum oppor- tuni ty, consistent with the sound needs of the .municipali ty as a whole, for the development or redevelopment of the Development District by private enterprise. The Council finds that the welfare of the City as well as the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce to carry out its stated public purpose objectives. Subsection 1.3. Statutory Authority. (AS ORIGINALLY ADOPTED MAY 7, 1985) The City of Stillwater proposes to designate a portion of the city as a municipal development district as authorized by Minnesota Statutes f . Chapter 472A. According to Minnesota Statutes, Section 472A.02, Subdivision 11, a development district is a specific area within the corporate limits of a municipality which has been so designated and separately numbered by the governing body. The City of Stillwater also plans to utilize the devel- opment finance provisions encompassed in Minnesota Statutes, Section 273.71-78, the Minnesota Tax Increment Financing Act, in conjunction with the designation of the municipal development district. (AS MODIFIED OCTOBER 1, 1985) The City of Stillwater designated a portion of the city as a municipal development district and is proposing to modify the boundary as authorized by Minnesota Statutes, Chapter 472A. According to Minnesota Statutes, Section 472A.02, Subdivision 11, a development district is a specific area within the corporate limits of a municipality which has been so designated and sepa- rately numbered by the governing body. 1-3 . . . . The City of Stillwater is also utilizing and proposes to modify the development finance provisions encompassed in Minnesota Statutes, Section 273.71-78, the Minnesota Tax Incre- ment Financing Act,' in conjunction with the modification of the municipa~ development district. Subsection 1.4. Statement of Obiectives. (AS ORIGINALLY ADOPTED MAY 7, 1985) The City Council of the City of Stillwater, Minnesota, determines that it is necessary, desirable and in the public interest to establish, designate, develop, and administer a development district in the City of Stillwater pursuant to the provisions of Minnesota Statutes, Chapter 472A. The City of Stillwater determines that the funding of the necessary activi- ties and improvements in the development district shall be accom- plished through tax increment financing in accordance with Minnesota Statutes, Sections 273.71-78. The City of Stillwater and the Stillwater City Council seek to achieve the following objectives through this development plan: 1. Acqui re land or space which is vacant, unused, under used, or inappropriately used. 2. Improve the financial base of the City. 3. Provide employment opportuni ties through the creation of new jobs. 4. Encourage the renovation and expansion of existing businesses and historic structures. """, ..~. Acquire property containing structurally""" substandard buildings and remove structurally substandard buildings for which rehabilitation is not feasible. 6. Eliminate blighting influences which impede potential development. 7. Coordinate elements of the City's Central Business District Revitalization Plan with these project objectives. 8. Provide maximum opportunity, consistent with the needs of the City, for development by private enterprise. (AS MODIFIED DECEMBER 12, 1985) 9. Provide adequate public improvements and utili ties to enhance the area for new development. 1-4 . . . (AS MODIFIED FEBRUARY 21, 1989) 10. Promote and secure the prompt development of certain property in the Development District, which property is not now in produ9ti ve use or in its highest and best use, in a manner consistent with the City's Comprehensive Plan and with a minimum adverse impact on the environment, and thereby promote and secure the development of other land in the City. 11. Promote and secure additional employment opportunities within the Development District and the City for residents of the Ci ty and the sur rounding area, thereby improving living stan- dards, reducing unemployment and the loss of skilled and un- skilled labor and other human resources in the City. 12. Secure the increase of housing, commercial, and indus- trial property subject to taxation by the City, Independent School District No. 834, Washington County, and other taxing jurisdictions in order to better enable such entities to pay for governmental services and programs required to be provided by them. 13. Provide for the financing and construction of public improvements in and adjacent to the Development District, neces- sary for the orderly and beneficial development of the Develop- ment District and adjacent areas of the City. 14. Promote the concentration of commercial, office, and other appropriate development in the Development District so as to maintain the area in a manner compatible with its accessi- bility and prominence in the City. 15. Encourage local business expansion, improvements, and development, whenever possible. 16. Create a desirable and unique character within the Development District throughquali ty land use alternatives and design quality in new and remodeled buildings. 17. Encourage and provide maximum opportunity for private redevelopment of existing areas and structures which are compat- ible with the Development Program. Subsection 1.5. Estimated Public Costs and Supportive Data. The estimated costs of the public improvements to be made within the Development District and financed by tax increments will be derived from the tax increment financing districts within the Development District. 1-5 . . . (Tax Increment Financing District No.1) (AS ORIGINALLY ADOPTED MAY 7, 1985) Ranae Pubiic Improvements Utility upgrading New development Park improvements Utility extensions Public accesses $1,300,000 - 1,500,000 Land Acquisition Park development Public accesses $300,000 - 500,000 Other Public Costs Relocation Demolition Planning/engineering Administration Capitalized interest Contingency Total Estimate $1,500,000 - 1,700,000 $3,100,000* - 3,700,000 * It is estimated that approximately $60,000 to $90,000 of the $3,700,000 could be financed with the first phase of tax incre- ments from the restaurant. It is expected that approximately $9,000 to $13,000 of tax increments will be available for amorti- zing a bond or "pay as you go." All phases will be implemented only if there are suffi- cient tax increment r,evenues from new development in the dis- trict. Future phase expenditures may require future bond issues to "front-end" future phase costs. 1-6 . . . (AS MODIFIED OCTOBER 1, 1985) Ranae Public Improvements Utility upgrading New development Park improvements Utility extensions Public accesses $1,300,000 - 1,500,000 Land Acquisition Park development Public accesses $500,000 - 750,000 Other Public Costs Relocation Demolition Planning/engineering Administration Capitalized interest Contingency $1,600,000 - 1,800,000 Total Estimate $3,400,000* - 4,050,000 * It is estimated that approximately $60,000 to $90,000 of the $3,700,000 could.be financed with the first phase of tax incre- ments from the restaurant. It is expected that approximately $9,000 to $13,000 of tax increments will be available for amorti- zing a bond or "pay as you go." If all development listed in Appendix A of Exhibit II-B as bonded projects is completed, an additional $1,360,000 could be available for project expenses. .~l~~phases will be implemented only if there are s~~fi- cient tax increment revenues from new development in the dis- trict. Future phase expenditures may require future bond issues to "front-end" future phase costs. 1-7 . . . AS MODIFIED NOVEMBER 3, 1987) The following budget may have to be amended from time to time as priorities change and as tax increments become avail- able. Land Acquisition Additional Public Improvements consisting of: site preparation, relocation, utility extension, utility upgrading, park improvements, parking improvements, planning/engineering and administration $2,500,000 3,000,000 Total of Additional Public Improvements $5,500,000* * As bonds are not anticipated at this time, the above-listed public improvements will be completed as tax increments are generated and available. (AS MODIFIED FEBRUARY 21, 1989) Land Acquisition Utilities Site Preparation Landscaping Int~rest Reimbursement Professional Services Contingency Capitalized Interest Bond Discount Costs of Issuance/Plan SEADC City Administration ~.",,--;;.;;,.- $250,000 118,435 89,760 53,269 62,833 15,000 10,000 126,125 10,500 20,000 10,000 14,000 $779,922* TOTAL * The City will issue bonds in the pr incipal amount not to exceed $700,000, with a final maturity in 2002. Based upon prevailing interest rates at the time of issuance, the amount available for project costs shall be that amount after capital- ized interest, bond discount and expenses of the City have been deducted. 1-8 . . . TAX INCREMENT FINANCING DISTRICT NO. 2 (AS ORIGINALLY ADOPTED DECEMBER 12, 1985) NELLE PROJECT Land Acquisition Public Improvements/Parking Bonding/Legal/Administration Capitalized Interest (3 yrs.) TOTAL Ranae* $240,000 124,500 20,000 131,500 $516,000 $ 500,000 1,922,500 185,000 892,500 $3,500,000 * It is estimated that a bond of approximately $516,000 could be issued with the first 30 unit inn expansion of the development at the "low" range. The "high" range would include a 50 unit inn expansion, a 100 unit hotel addition, 20 unit motel, an acceler- ated learning center and related public space, parlor/banquet rooms, food service/ utility and parking based upon the developer I s construction plan, and would support a $3,500,000 bond. TAX INCREMENT FINANCING DISTRICT NO. 3 (AS ORIGINALLY ADOPTED DECEMBER 12, 1985) ARKELL PROJECT Land Acquisition and Site Improvements soil corrections utilities site preparation Bonding/Legal/Administration Capitalized Interest TOTAL Estimate $ 803,000 - 91,000 306,000 $1,200,000 TAX INCREMENT FINANCING DISTRICT NO. 4 (AS ORIGINALLY ADOPTED APRIL 1, 1986) WOODLAND LAKES DEVELOPMENT Land Acquisition Site Corrections Removal/Replacement of Topsoil Pond Construction/Controls Clearing and Grubbing Soil Testing Public Improvements Lift Station/Force Mains Sanitary Sewer Water Mains Storm Sewer Road Construction 1-9 $814,000 226,000 55,000 39,000 20,000 92,400* 200,000 350,000 245,000 750,000 . . . Landscaping Electrical Power Distribution Lighting/Traffic Controls 100,000 380,000 100,000 * Est~mated on a 66% of total cost payable by Woodland Lakes Other Public Costs Engineering Legal Surveying Contingency 380,000 25,000 5,500 410,000 Total Estimates $4,192,500** ** The total dollar amount does not include capitalized inter- est or other bonding costs. These costs would need to be calcu- lated as part of a larger bond issue. (AS MODIFIED JUNE 20, 1989) TAX INCREMENT FINANCING DISTRICT NO. 5 BRICK POND PROJECT ESTIMATE Land Acquisition Park Improvements Green belt buffer and landscaping Utility Assessment Reduction Administrative $ 60,000 50,000 250,000 200,000 56,000 $ 616,000* *The total dollar amount does not include capitalized interest or other bondinq.. costs, if any. These costs would need to 'be calculated as part of a larger bond issue. Subsection 1.6. Environmental Controls. (AS ORIGINALLY ADOPTED MAY 7, 1985) The proposed redevelopment projects in the Development Distr ict do not present any permanent envi ronmental problems. All municipal actions, public improvements, and private develop- ment shall be carried out in a manner that will enhance, rather than detract from the natural environment. All necessary envi- ronmental permits and clearances will be obtained. (AS MODIFIED FEBRUARY 21, 1989) The proposed development activities in the Development District do not present significant environmental concerns. All municipal actions, public improvements and pr i vate development shall be carried out in a manner consistent with existing envi- ronmental standards. 1-10 . . . Subsection 1.7. Open Space to be Created. (AS ORIGINALLY ADOPTED MAY 7, 1985) _ In addition to the provlslons of Chapter 472A.02, Subdivision 6, some open space may be created for the purpose of enhancing housing development and providing circulation of pedestrian traffic, special landscaping of residential and public property, and creation of recreational facilities including parks and walkways. The open space will be aimed at the improvement of the quality of life, quality of transportation and the physical facilities. Subsection 1.8. Public Facilities to be Considered. (AS MODIFIED FEBRUARY 21, 1989) The City, in carrying out its objectives shall consider the construction of the following public facilities, when finan- cially feasible, and when needed to encourage desirable private development or when considered desirable in order to promote and enhance existing development. (AS ORIGINALLY ADOPTED MAY 7, 1985) Revitalization within the Development District must be financially feasible, marketable and compatible with longer range City development plans. The following recommendations represent the options that satisfy the development for the Project area in the initial state while taking advantage of opportunities which are currently available. 1. Clearance and redevelopment, Rehabilitation of buildings to remain, 2. 3. ings, Relocation of buildings and the inhabitants of build- 4. Vacation of rights-of-way, 5. Dedication of new rights-of-way, 6. New construction and expansion of commercial and indus- trial buildings, 7.0 Land acquisition, 8. North-end development assistance, and 9. Installation or replacement of public and private facilities and utilities. 1-11 ", , . . . Subsection 1.9. Proposed Reuse of Property. (AS ORIGINALLY ADOPTED MAY 7, 1985) 1. Current Land Use The ~urrent land uses in the development district include public/semi-public, residential, multi-family residen- tial, industrial, land consumptive/highway oriented commercial and retail/office/service commercial. The development sites are or will be zoned in conformance with zoning standards for commer- cial and industrial uses. 2. Proposed Reuse of Land It is proposed that a portion of the property identi- fied in Section C of the Development Plan will be acquired for the construction of a restaurant and bank expansion. The restau- rant site is capable of accommodating 6,000 square feet of on- si te development plus related deck, patio space and parking. Certain existing structures will be relocated or demolished to prepare for this development. The size of the bank expansion is yet to be determined as well as the extent of rehabilitation of certain buildings in the "historic district." (AS MODIFIED OCTOBER 1, 1985) In addition, several ind1. vidual developments are planned for certain vacant parcels in the industrial park. (AS MODIFIED DECEMBER 12, 1985) It is proposed that a portion of the property identi- fied in Subsection 1.14 of "the Development Plan- will be acquired for the construction of an elderly housing development. The 35 acre site is capable of accommodating 283 units of residential rental development plus related retail/limited commercial devel- opment and parking. The development parcel is currently vacant. Phase I will consist of 64 units of lowrise housing, Phase IIA will be 80 units of lowrise housing the Phase IIB will be a two story 75 unit development. Phase IIIA is estimated to include a shopping/retail facility and Phase IIIB consists of 64 units of lowr ise housing. The city may also assist wi th the public im- provement and land acquisition costs for the expansion of an existing hotel. This project is further described in Ex- hibit IV-A. (AS MODIFIED FEBRUARY 21, 1989) The public improvements needed to bring about the new development include site improvements, and general improvements. The estimated public improvement costs are referenced in the tax increment financing plan and are collectively described in Sub- section 1.5. 1-12 -, . . . . The Development Program does not contemplate the acqui- sition of private property until such time as a private developer presents an economically feasible program for the reuse of that property. Proposals, in order to be considered, must be within the fram~work of the above cited goals and objectives, and must clearly demonstrate feasibility as a public program. Prior to ,.,formal consideration of the acquisition of any property, the City Council will require a binding contract, performance bond and/or other evidence or guarantees that a supporting tax increment or other funds will be available to repay the public cost associated with the proposed acquisition. It shall be the intent of the City to negotiate the acquisition of property whenever necessary. Appropriate restrictions regarding the reuse and redevelopment of property shall be incorporated into any land sale contract to which the City is a part. Subsection 1.10. Development District. Administration and Maintenance of (AS ORIGINALLY ADOPTED MAY 5, 1985) Maintenance and operation of the public improvements in the municipal development district will be the responsibility of the development distr ict administration of the Ci ty. Each year the administrator of the municipal development district will submit to the City Council the maintenance and operation budget for the following year to be charged to the property in the district. The City Council will certify the assessments to the County Auditor for collection. The City Council will levy these assessments, if any, in accordance with the procedures estab- lished in Minnesota Statutes, Section 429.061. (AS MODIFIED OCTOBER 1, 1985) The municipal development district administrator will administer the municipal development distr ict pursuant to the provisions of Section 472A.IO of the Minnesota Statutes provided, however, that such powers may only be exercised at the direction of the City Council. No action taken by the administrator of the development district pursuant to the above-mentioned powers shall be effective without authorization by the City Council. (AS MODIFIED FEBRUARY 21, 1989) Maintenance and operation of the public improvements will be the responsibility of the City Coordinator of the City who sh~ll serve as Administrator of the Development District. The powers, duties and responsibilities of the Administrator are spelled out in the Administrative Guide for the Administration of the Modified Development Program for Development District No.1, attached hereto as Appendix A. Each year the Administrator will submit to the Council the maintenance and operation budget for the following year. 1-13 . . . Subsection 1.11. Rehabilitation. (AS ORIGINALLY ADOPTED MAY 7, 1985) Although the City has designated a rehabilitation zone to target. such improvements within the Central Business District, no rehabilitation standards nor a formal program for rehabilita- tion of buildings has been adopted. The City will encourage the use of industrial development revenue bonds or notes (Minnesota Statutes, Chapter 474) for rehabilitation, renovation and expan- sion of existing buildings in the project as well as State of Minnesota grant funds and tax increment proceeds. (AS MODIFIED FEBRUARY 21, 1989) Owners of properties wi thin the Development Distr ict will be encouraged to rehabilitate their properties to conform with the applicable state and local codes and ordinances, as well as any design standards. Owners of properties who purchase property wi thin the Development Distr ict from the Ci ty may be required to rehabilitate their properties as a condition of sale of land. The City will provide such rehabilitation assistance as may be available from federal, state or local sources. Subsection 1.12. Relocation. (AS ORIGINALLY ADOPTED MAY 7, 1985) The City accepts its binding obligations under provi- sions of federal and state law (Minnesota Statutes, Section 117.50 through 117.56) for relocation and will administer payment benefits to individuals and businesses to be displaced by public action. (AS MODIFIED FEBRUARY 21, 1989) The City accepts its responsibility for providing for relocation pursuant to Section 469.133 of the Development Dis- trict Act. Subsection 1.13. Boundaries of Development District. Boundar ies of Development Distr ict No. 1 as established May 7, 1985. Beginning at a point of intersection with the center lines of Aspen Street and Third Street, City of Stillwater, Minnesota; thence southerly from said point along the center- line of Third Street to a point of intersec- tion with the centerline of Orleans Street; thence westerly from said point along said centerline, as extended between Everet Street and Washington Street, to its intersection 1-14 . with the easterly right-of-way line of County Road No 5; thence southwesterly from said point and along said right-of-way line to its intersectiun with the southern municipal boundary; thence easterly more or less, from -. said point along said southerly municipal boundary to its intersection with the west- erly shoreline of Lake St. Croix; thence northerly from said point and along said shoreline to its intersection with the centerline of Elm Street, as extended; thence westerly from said point along said center- line to its intersection with the centerline of First Street; thence northerly from said point and along said centerline to a point of intersection with the centerline of Aspen Street; thence westerly from said point along said centerline to the point of beginning. (AS MODIFIED OCTOBER 1, 1985) -. Beginning at a point of intersection with the center lines of Aspen Street and Third Street, City of Stillwater, Minnesota; thence southerly from municipal boundary; thence easterly more or less, from said point along said southerly municipal boundary to its intersection' wi th the westerly shoreline of Lake St. Croix; thence northerly from said point and along said shoreline to its INTER- SECTION WITH THE CENTERLINE OF ST. CROIX AVENUE, AS EXTENDED; THENCE WESTERL Y ALONG SAID CENTERLINE TO ITS INTERSECTION WITH THE CENTERLINE OF MAIN STREET; THENCE SOUTHERLY FROM SAID POINT AND ALONG SAID CENTERLINE TO ITS intersection with the centerline of Elm Street, as extended; thence westerly from said point along said centerline to its intersection with the centerline of First Street; thence northerly from said point and along said centerline to a point of intersec- tion with the centerline of Aspen Street; thence westerly from said point along said centerline to the point of beginning. (AS MODIFIED DECEMBER 12, 1985) . Beginning at a point of intersection with the center lines of Aspen Street and Third Street, City of Stillwater, Minnesota; thence southerly from said point along the center- line of Third Street to a point of intersec- tion with the centerline of Orleans Street; thence westerly from said point along said 1-15 . centerline, as extended between Everet street and Washington Street, to its intersection with the easterly right-of-way line of parcel 9032-2620, thence northerly along said eas- terly line to its intersection with the northerly line of parcel 9032-2620; thence easterly along said northerly line to its intersection with the easterly right-of-way line of County Road No 5; thence south- westerly from said point and along said right-of-way line to its intersection with the southern municipal boundary; thence easterly more or less, from said point along said southerly municipal boundary to its intersection with the westerly shoreline of Lake st. Croix; thence northerly from said point and along said shoreline to its inter- section with the centerline of st. Croix Avenue, as extended; thence westerly along said centerline to its intersection with the centerline of Main Street; thence southerly from said point and along said centerline to its intersection with the centerline of Elm Street, as extended; thence westerly from said point along said centerline to its intersection with the centerline of First street; thence northerly from said point and along said centerline to a point of intersec- tion with the centerline of Aspen street; thence westerly from said point along said . centerline to the point of beginning. . (AS MODIFIED JUNE 20, 1989) That part of the Southwest Quarter .of the Southwest Quart"er of section 33, Township 30 North, Range 20 West, washington County, Minnesota, lying easterly of County Highway No. 66, and lying Northerly of a line from a point on the centerline of County Highway No. 66, 250.35 feet South of the North line of said Southwest Quarter of the Southwest Quarter, to a point on the East line of said Southwest Quarter of the Southeast Quarter 250.03 feet South of the North line. Subject to easements of record. That part of the West 128 feet of the East 555 feet of the Southwest Quarter of the Southwest Quarter of Section 33, Township 30 North, Range 20 West, Washington County, Minnesota, lying North of the Northerly right-of-way of State Trunk Highway 212 (state Highway No. 36), except the North 661.4 feet of said Southwest Quarter of the Southwest Quarter. . 1-16 . That part of the East 427 feet of the Southwest Quarter of the Southwest Quarter of Section 33, Township 30 North, Range 20 West, Washington County, Minnesota, lying Norfh of the Northerly right-of-way line of State Trunk Highway 212 (State Highway No. 36), except the North 661.4 feet of said Southwest Quarter of the Southwest Quarter. That part of the West Half of the West Half of the Southeast Quarter of the Southwest Quarter of Section 33, Township 30 North, Range 20 West, Washington County, Minnesota, lying North of the Northerly right- of-way line of State Trunk Highway No. 212 (State Highway No. 36). Subject to easements of record. That part of the East Half of the West Half of the Southeast Quarter of the Southwest Quarter of Section 33, Township 30 North, Range 20 West, Washington County, Minnesota; and the West Half-of the East Half except the Easterly 300 feet of said Southeast Quarter of the Southwest Quarter lying North of the Northerly right-of-way line of State Trunk Highway No. 212 (State Highway No. 36). Subject to easements of record. . The East 300 feet of the West Half of the East Half of the Southeast Quarter of the Southwest Quarter of Section 33, Township 30 North, Range 20 West, Washington County, Minnesota, e"xcept that part lying Southerly of a line 350 feet North of and parallel to the Northerly right-of-way line of State Trunk Highway No. 212 (State Highway No. 36). That part of the West 135 feet of the East 300 feet of the West Half of the East Half of the-Southeast Quarter of the Southwest Quarter of Section 33, Township 30 North, Range 20 West, Washington County, Minnesota, lying Northerly of the North right-of-way line of State Trunk Highway No. 212 (State Highway 36) and lying Southerly of a line 350 feet North of and parallel to said North right-of-way line. Subsection 1.14. Parcels To Be Acauired or May Be Acquired In Whole or In Part Wi thin the Development District. (AS MODIFIED FEBRUARY 21, 1989) (Tax Increment Financing District No 1) PIN . 1-17 . 9028-0030 11022-2000 (Tax Increment Financing District No. 2) PIN 10691-3950 10691-3830 10691-3860 10691-3890 10691-3920 10691-3770 10691-4040 10691-4010 10691-4070 10691-3990 10691-3980 10691-3740 (Tax Increment Financing District No. 3) PIN 9032-2620 (Tax "Increment Financing District No. 4) - PIN 90322610 90322612 (AS MODIFIED JUNE 20, 1989) (Tax Increment Financing District No. 5) . That part of the West Half of the West Half of the Southeast Quarter of the Southwest Quarter of Section 33, Township 30 North, Range 20 West, Washington County, Minnesota, lying North of the Northerly right- of-way line of State Trunk Highway No. 212 (State Highway No. 36). Subject to easements of record. Subsection 1.15. Modification of Development Proqram for Development District No.1. 1. On October 1, 1985, the Development Program was modi- fied by the City Council to reflect an enlargement of the Project Area. . 2. On December 12, 1985, the Development Program was modified by the City Council to reflect an enlargement of the Project Area. 1-18 . . . 3. On February 21, 1989, the Development Program was modi- fied by the City Council to reflect the implementation of a master project concept within Development District No 1 and increased project costs. 4. . On June 20, 1989, the Development Program was modified by the City Council to reflect an enlargement of the Project Area and increased project costs. 1-19 .' " . - / /--- ~ - /YJp~,.II.ee1. ()&VC/tI~h?("" t- /), J~ Ie,'( ( ~ - =-~; 8,) r" .l; ... CIT')" OF STILL\\J\TER, 1\1INNES01~ II \ \ \ \ . . . . SECTION II. MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 (Downtown and Industrial Park Scattered Site Redevelopment District) (AS MODIFIED FEBRUARY 21, 1989) NOTE: As of February 21, 1989, the City has determined to implement a master project concept in regard to tax increment financing districts located wi thin Development District No.1. Tax Increment Financing Distr ict No. 1 was established and its Tax Increment Financing Plan was approved on May 7, 1985. The Tax Increment Financing Plan was subsequently modified on October 1, 1985, December 12, 1985, November 3, 1987 and February 21, 1989. This Section II is provided to combine all modifications into one document. Attached as Exhibits IIA, II-B, II-C and II-D are portions of the original plan and modifications through November 3, 1987, which are not required to be provided in the Tax Increment Financing Plan pursuant to Minnesota Statutes, Section 469.175, subdivision 1, and therefore are not reflected in this Section II. Subsection 2.1. Statement of Obiectives. See Section I, Modified Development Program for Development District No.1, Subsection 1.4, Statement of Objectives. Subsection 2.2. Development Proaram. Modified Development Program for Development Subsections 1.1 through 1.15. Subsection 2.3. Parcels to be Included in Tax Increment Financing District No.1. The following parcels located in the City of Stillwater, County of Washington, State of Minnesota: See Section I, District No.1, (AS ORIGINALLY ADOPTED MAY 7, 1985) Parcel Identification Number Fee Owner 9028-0020 9028-0050 9033-2364 9033-2374 9Q33-2378 10200-2300 10200-2325 10200-2350 10200-2550 10690-2000 10690-2050 10690-2150 Muller Boat Works Maple Island Farm, Inc. UFE, Inc. Beim Construction Company H & I Wood Specialties Goetz, James B. Goetz, James B. Kern, 0.; Skinner, N.; et al Meisterling, Orn & Powell Atwood Forge & Foundry Co. McGuire, Michael G. Muller Boat Works 2-1 . . . ''''f..~ 10690-4050 10690-6900 10690-6950 10690-7000 10690-7050 10690-7100 10690-7150 10690-7200 10690-7250 10690-7300 10690-7350 10690-7400 10690-7450 10690-7500 10690-7550 10691-2390 10691-2450 10691-2510 10691-2540 10691-2570 10691-2600 10691-2660 10691-2720 10691-2750 10691-2752 10691-2780 10691-3860 10691-3890 10691-3920 10691-4100 10691-4130 10691-4160 10691-5540 10691-5570 10691-5600 10691-5630 10691-5660 10691-5960 10691-5720 10691-5750 10691-5780 10691-5810 10692-2900 10692-3050 10692-3100 10692-3200 10-692-3220 10692-3250 10692-3270 10692-3700 10692-3750 10692-3800 10692-3850 10692-3900 ABS Co. McGuire, Michael G. McGuire, Michael G. Olson, William Jr. and Dellaina Olson, William Jr. and Dellaina Stillwater Mfg. Co. Stillwater Mfg. Co. Stillwater Mfg. Co. Stillwater Mfg. Co. Stillwater Mfg. Co. Belideau, Edna E. Belideau, Milton H. and Edna E. Stillwater Mfg. Co. Stillwater Mfg. Co. Olson, William Jr. and Dellaina Powell, William H. Nyberg, Clark R. and Orff, Judd E. Malon, Donald Malon, Donald Filson, Bruce F. Filson, Bruce F. Sicard, Dale Standefer, James E. and Rice, J.D. Standefer, John R. et al Lind, Leslie R. Hooley, Charles M. and John W. Northern Federal S & L Assoc. Nelle, Inc. Nelle, Inc. Berrisford, Anne E. Baglo, Clarence V. and Violet M. Thompson, Richard E. and Elenore Washington Federal Sav & Ln Washington Federal Sa'v' & Ln Washington Federal Sav & Ln Washington Federal Sav & Ln Washington Federal Sav & Ln Kemper, Fredrick L. Liedle, Paul Frye, Ed W. and Del H. St. Croix Drug Co. Peder Gaalaas Inc. Farmers Union Grain Terminal New Stillwater Project Ltd. Lease Commander Mills New Stillwater Project Ltd. New Stillwater Project Ltd. New Stillwater Project Ltd. City of Stillwater J. L. H. I nc . Paukert, Richard E. and Carol M. Paukert, Richard E. and Carol M. Tuenge, Richard R. Kielsa, Donald R. and Marlene J. 2-2 . 10692-4250 10692-5200 10693-2310 11022-2000 1102.2-2050 11140-2000 11140-2100 11140-2200 11140-2300 11159-2050 11159-2400 11159-2600 11159-2650 11159-2700 11159-2950 11999-2100 11999-2300 Gordon, Sherman & Lucille Gordon, Sherman & Lucille State of Minnesota Langness, Robert O. McGuire, Michael G. Hauge, Lawrence O. and Lois C. Hauge, Lawrence o. and Lois C. Hauge, Lawrence O. and Lois C. Hauge, Lawrence o. and Lois C. Hooley, Charles M. Washington Federal Sav & Ln Hooley, John Hadrath et al Stillwater Bancorporation Stillwater Bancorporation Super Value Stores Super Value Stores N.P. Railway Co. (PARCELS DELETED AS OF OCTOBER 1, 1'985) PI Fee Owner .. " 10200-2300 10200-2325 10692-3270 11159-2400 Goetz, James B. Goetz, James B. City of Stillwater Washington Federal Sav & Ln (PARCELS INCLUDED AS OF OCTOBER 1, 1985) PI Fee Owner . 9028-0030 9033-2353 9615-2800 10691-3230 10691-3260 10691-3290 10691-3320 10691-2900 10691-2930 10691-2990 10691-3020 10691-3050 10691-3080 10691-3110 10691-3140 10691-5900 10691-5930 10691-5990 10691-6050 10691-3350 10691-3380 10691-3410 10691-3440 State of Minnesota N-F Properties, Inc. Broleck, a Mn Partn-ership Ogren, John K. City of Stillwater City of Stillwater City of Stillwater Van Meier, Katherine Ranum, Ruth C. Meister, Carl W. Madsen, Jens C. and Sandra J. Rygg, Robert H. & Doris M. Jones, David E. Melton, James E. & Joyce A. Schneider, Richard L. St. John's Home Corp. Thompson, Robert B. Hudson, Thomas M. & Eleanor Hudson, Thomas M. & Eleanor Maple Island Farm Inc. Maple Island Farm Inc. Maple Island Farm Inc. Maple Island Farm Inc. 2-3 . 10691-3470 10691-6020 11159-3000 11159-3050 11140-2400 11999-2150 11999-2200 11999-2350 99908-0700 99908-0500 Maple Island Farm Inc. Schley, Emma Lou Hooley, John Hadrath et al Hooley, John Hadrath et al St. Croix III Limited Partner N. P. Railway Co. N. P. Railway Co. N. P. Railway Co. Maple Island Farm Inc. Super Value Stores (PARCELS DELETED AS OF DECEMBER 12, 1985) PI Fee Owner 10691-2780 10691-2900 10691-3230 10691-3860 10691-3890 10691-3920 10691-4100 10691-4130 10691-4160 Hooley, Charles M. & John W. Van Meier, Katherine Ogren, John K. Northern Federal S'& L Assoc. Nelle, Inc. Nelle, Inc. Berresford, Anne E. Baglo, Clarence V. and Violet M. Thompson, Richard E. & Elenore . (PARCELS INCLUDED AS OF NOVEMBER 3, 1987) PI Fee Owner . 10690-3750 10690-3800 10690-3900 10692-3300 10692-3320 10692-3350 10692-3450 10692-3470 10692-3550 10692-3650 10692-3500 10693-4100 10693-2050 10691-5390 9033-2351 9033-2425 9900-2050 99-00-2100 10200-2300 10200-2325 11159-2000 11159-2025 11159-2400 9900-2000 9033-2372 Hohlt, Dessa & Trenda et al Fraser, Caroline L. Thompson, David C. & Mary Jo Nyberg, Clark R. Pritchard, Jean R. - Sherburne, Duane E. & Jean A. Martin, Larry J. Anderson, Martin D. Hooley, William J. & Joan M. Turnbladh, Will C. Jr. Albright, Robert L. and Sandra J. Nolde, Donald F. & Marianne Bourbaghs, John Adams, W. Michael Swager, Gary D., Nominee Strohkirch, Dennis Immuno Nuclear Co. Immuno Nuclear Co. Goetz, James B. Goetz, James B. Pauley, Bill J. and Kern, Oscar Pauley, Bill J. and Kern, Oscar 1501 Partnership Anderson, Dennis UFE Inc. '....,,~'."'" ;<)- 2-4 . 9033-2376 9210-2050 9210-2000 9615-2900 9503:3-2250 Ogren, John K. Bowman, Richard S. Bowman, Richard S. Feely, Leonard R. & Elizabeth Anez, Brunette R. A more specific description is available from the City Clerk's Office. FURTHER INFORMATION REGARDING THE IDENTIFICATION OF THE PARCELS TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. 1 CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Subsection 2.4. Parcels in Acquisition. The City may acquire and reconvey the parcels identified in Section I, Subsection 1.14, of the Development Program. As the City acquires said parcels, the Tax Increment Financing Plan for Tax Increment Financing District No. 1 will be modified to reflect the acquisitions of said parcels. The following are conditions under which properties not designated to be acquired may be acquired at a future date: . (1) The City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of the tax increment financing plan; and (2) Such. acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 2.5. Development Acti vi ties Expected to Occur wi thin' the Tax Increment Financina Distr ict. (AS ADOPTED MAY 7, 1985) The developers plan to construct a 6,000 square foot restaurant and related parking, 500,000 square feet of industr ial/off ice buildings in the industr ial/commercial plants as well as miscellaneous downtown commercial rehabilitation of existing buildings. The developer may be assisted with a portion of the acquisition, relocation, demolition,. clearance, public facility and parking costs associated with the various phases of development through tax increments generated as a result of these developments. (AS MODIFIED NOVEMBER 3, 1987) . One developer plans to construct as, 500 square foot industrial/office building and two developers plan expansions (40,000 square feet and 70,000 square feet) to existing industrial/office facilities. Tax increments generated from these developments may be used for land acquisition as well as 2-5 . public improvements consisting of: site preparation, relocation, utility upgrading, utility extensions, park improvements, parking improvements, plaQning/engineering and administration as determined by the City. See Appendix A of Exhibit II-B for proposed bonded projects, as of October 1, 1985. (AS MODIFIED FEBRUARY 21, 1989) The 40,000 square foot industrial/office expansion mentioned above will be undertaken by INCSTAR Corporation, which plan to construct a 38,000 square foot office building and remodel and convert the existing office building to industrial use. Tax increment assistance may be used for land acquisition, as well as public improvements consisting of: utilities, sanitary sewer, storm sewer, watermain, site preparation, landscaping, holding pond, capitalized interest, professional fees and administration, as determined by the City. Subsection 2.6. Development Activity Increment Financina District for which Contracts Sianed. The following contracts have been entered City of Stillwater and the persons named below: in the Tax have been into by the . (AS ORIGINALLY ADOPTED MAY 7, 1985) It is expected that the Phase I developments will have executed development contracts no later than the fall of 1985. (AS MODIFIED NOVEMBER 3, 1987) As the developers will not be assisted by the City with their developments, no development contra'c't"s"are anticipated at this time. (AS MODIFIED FEBRUARY 21, 1989) It is anticipated that the City and INCSTAR Corporation will have entered into a Contract for Private Redevelopment no later than February 21, 1989. (As Contracts are entered into with the City of Stillwater, they will be inserted in this Subsection.) Subsection 2.7. Other Specific Development Expected to Occur within the Tax Increment Financina District. (AS ORIGINALLY ADOPTED MAY 7, 1985) . As a part of the City's overall revitalization program within the redevelopment district, the other phases of the program may provide for additional public facilities, business relocation and land acquisition. In addition, the City may 2-6 . . . , assist with the rehabilitation of historic structures within the district, parking, and additional industrial expansion. Depending on the ayailability of public funds, the Phase II development should commence within the next two years. (As specific development is expected to occur, it will be inserted into~this Subsection.) Subsection 2.8. Estimated Cost of proiect. See Subsection 1. 5 of the Development Program for estimated costs associated with the Development District. Subsection Indebtedness. Estimated of Bonded 2.9. Amount (AS ORIGINALLY ADOPTED MAY 7, 1985) An estimate of the amount of bonded indebtedness for Phase I is expected to be $60,000 to $90,000. The term of the issue is 15 years and the interest rate is expected to be 10 percent. The amount of capitalized interest is estimated to be $15,000 to $23,000. ' (AS MODIFIED OCTOBER 1, 1985) If all of the development occurs listed in Appendix A of Exhibit II-B that has bond allocations, the $200,000 tax increment could amortize an additional $i,360,000. (AS MODIFIED NOVEMBER 3, 1987) It is not anticipated that any additional bonded indebtedness relating to the recent developments will occur at this time. (AS MODIFIED FEBRUARY 21, 1989) It is anticipated that the amount of bonded indebtedness to be incurred in regard to the INCSTAR Corporation project will not exceed $700,000. Subsection 2.10. Sources of Revenue. (AS ORIGINALLY ADOPTED MAY 7, 1985) Several sources of revenue may be used to finance public - costs associated with the development projects in the municipal development district including tax increment financing, industr ial revenue bonds, 312 rehabilitation loans, and Small Cities Development Grant funds. Tax increment financing refers to a funding technique that utilizes increases in assessed valuation and the property taxes attributed to new development to finance, or assist in the financing of public development costs. The restaurant is expected to be fully assessed beginning in 1986 2-7 . . . , a.t which time the development will generate an annual tax increment of $9,000 to $13,800 collectable in 1987 once fiscal disparities has been allocated to the metro pool. (AS MODIFIED OCTOBER 1, 1985) < An additional $200,000 could be available {after fiscal disparities) if all of the bond financed development is completed. (AS MODIFIED NOVEMBER 3, 1987) Several sources of revenue may be used to finance public costs associated with the development projects located within the municipal development district. These sources include tax increments, industrial revenue bonds, 312 rehabilitation loans, Small Cities Development Grant funds, and special assessments. Tax increment financing refers to a funding technique that utilizes increases in assessed valuation and the property taxes to assist in the financing of public development costs. Of the three proposed additional developments included within Tax Increment Financing District No. 1 a partial increment is expected to be received in 1989 with the full increment to be received in 1990. The additional development will generate an annual tax increment. of approximately $177,657.91, collectible in 1990 after fiscal disparfties has been allocated to the metro pool. Subsection 2.11. Estimated Oriainal Assessed Value and Captured Assessed Value*. (AS ORIGINALLY ADOPTED MAY 7, 19&5) ;;;;.j.'.':.' Pursuant to Minnesota Statutes, Section 273.74, Subdivision 1 and Section 273.76, Subdivision 1, the Original Assessed Value (OAV) for the City of Stillwater tax increment financing redevelopment district is based on the value placed on the property by the County Assessor in 1984. This assessed value is $3,600,000. Each year the Office of the County Auditor will measure the amount of increase or decrease in the total assessed value of the tax increment redevelopment district to calculated the tax increment payable to the Stillwater redevelopment district fund. In any year in which there is an increase in total assessed valuation in the tax increment redevelopment district above the adjusted original assessed value, a tax increment will be payable. In any year in which the total assessed valuation in the tax increment financing redevelopment district declines below the original assessed valuation, no assessed valuation will be captured and no tax increment will be payable. 2-8 . The County Auditor shall certify in each year after the date the Original Assessed Value was certified, the amount the OAV has increased or decreased as a result of: 1. _. change in tax exempt status of property; 2. reduction or enlargement of the geographic boundar ies of the district; or 3. change due to stipulations, adjustments, negotiated or court-ordered abatements. Pursuant to Minnesota Statutes, Section 273.74, Subdivision ~ and Minnesota Statutes, Section 273.76, Subdivision 2, the estimated Captured Assessed Value (CAV) of the tax increment financing redevelopment district will annually approximate $2,000,000 to $2,600,000 in all present and future phases. It is expected that an estimated $1,600,000 will be captured as a result of the restaurant and office and industrial building developments. This amount will be captured for up to twenty-five years or until the project debt is retired. * These estimates are based on a 40% contribution to the fiscal disparities pool pursuant to Minnesota Statutes , Section 273.76, Subdivision 3, clause (b). . (AS MODIFIED OCTOBER 1, 1985) Pursuant to Minnesota Statutes,' Section 273.74, Subdivision 1 and Section 273.76 Subdivision 1, the Original Assessed Value (OAV) for the City of Stillwater tax increment financing redevelopment district is based on the value placed on the property by the County Assessor in 1984. This assessed value i&"'estimated at $4,900,000. Each year the Office'<ofthe County Auditor will measure the amount of increase or decrease in the total assessed value of the tax increment redevelopment district to calculated the tax increment payable to the Stillwater redevelopment district fund. In any year in which there is an increase in total assessed valuation in the tax increment redevelopment district above the adjusted original assessed value, a tax increment will be payable. In any year in which the total assessed valuation in the tax increment financing redevelopment district declines below the original assessed valuation, no assessed valuation will be captured and no tax increment will be payable. The County Auditor shall certify in each year after the date the Original Assessed Value was certified, the amount the OAV has increased or decreased as a result of: 1. change in tax exempt status of property; . 2. reduction or enlargement of the geographic boundar ies of the district; or 2-9 . 3. change due to stipulations, adjustments, negotiated or court-order abatements. Pursuant to Minnesota Statutes, Section 273.74, Subdivision 1 and Minnesota Statutes, Section 273.76, Subdivision 2, the estimated Captured Assessed Value (CAV) of the tax increment financing redevelopment district will annually approximately $2,000,000 to $2,600,000 in all present and future phases. It is expected that an estimated $1,900,000 will be captured as a result of the restaurant and office and industrial building developments. This amount will be captured for up to twenty-five years or until the project debt is retired. (AS MODIFIED NOVEMBER 3, 1987) Pursuant to Minnesota Statutes, Section 273.74, Subdivision 1 and Section 273.76, Subdivision 1, the Adjusted Original Assessed Value of Tax Incre~ent Financing District No. 1 is estimated at $7,207,591. This is calculated by adding the current assessed value of the additional parcels to be included in Tax Increment Financing Distr ict No. 1 $2,307,591 to the $4,900,000 Or iginal Assessed Value of Tax Increment Financing District No. 1 in 1984. . Pursuant to Minnesota Statutes, Section 273.74, Subdivision 1 and Section 273.76, Subdivision 2, the estimated addi tional Captured Assessed Value of Tax Increment Financing District No. 1 relating to this modification is approximately $177,657.91. Subsection 2.12. Type of Tax Increment Financinq District. (AS ORIGINALLY ADOPTED 'MAY 7, 1985) . The City Council of the City of Stillwater, Minnesota, in determining the need for a tax increment financing district in accordance wi th Minnesota Statutes, Sections 273.71-273.78 inclusive, finds that the district to be established is a redevelopment distr ict pursuant to Minnesota Statutes, Section 273.73, Subdivision 10. It has been determined that 59 of the parcels in the district (70 percent) are occupied by buildings, streets, utili ties or other improvements and 29 percent of the buildings are structurally substandard and an additional 31 percent of the buildings are found to require substantial renovation or clearance in order to remove such existing conditions as: inadequate street layout, incompatible uses or land use relationships, overcrowding of buildings on the land, excessive dwelling unit density, obsolete buildings not suitable for improvement or conversion, or other identified hazards to health, safety and general well-being of the community. The 59 structures on the 84 parcels of land consti tuting the redevelopment district have been investigated by the Washington County Housing and Redevelopment Authority. Seventeen of the 59 2-10 . . . , buildings are deteriorated and structurally substandard to a degree requiring clearance and 18 other structures are found to require substantial renovation in order to remove such existing condi tions as: inadequate street layout, incompatible uses or land use.. relationships, overcrowding of buildings on the land, excessive dwelling unit density, obsolete buildings not suitable for improv~ment or conversion, or other identified hazards to the heal th, safety and general well-being of the community. Thus, the tax increment financing district appears to meet the statutory requirements of a redevelopment district and will henceforth be referred to as a redevelopment tax increment financing district. The parcels that have been used to establish eligibility as a redevelopment tax increment financing district have been listed in Appendix B. (AS MODIFIED OCTOBER 1, 1985) The City Council of the City of Stillwater, Minnesota, in determining the need for a tax increment financing district in accordance wi th Minnesota Statutes, Sections 273.71-273.78 inclusive, finds that the district to be established is a redevelopment district pursuant to Minnesota Statutes Section 273.73, Subdivision 10. It has been determined that 80 of the parcels in the district (71.4 percent) are occupied by buildings, streets, utilities or other improvements and 35 percent of the buildings are structurally substandard and an additional 33 percent of the buildings are found to require substantial renovation or clearance in order to remove such existing condi tions as: inadequate street layout, incompatible uses or land use relationships, overcrowding of buildings on the land, excessive dwelling unit density, obsolete buildings not suitable for improvement or conversion, or other identified hazards to health, safety and general well-being of the community. The 80 structures on the 112 parcels of land constituting the redevelopment district have been investigated by the Washington County Housing and Redevelopment Authority. Twenty-eight of the 80 buildings are deteriorated and structurally substandard to a degree requiring clearance and 27 other structures are found to require substantial renovation in order to remove such existing condi tions as: inadequate street layout, incompatible uses or land use relationships, overcrowding of buildings on the land, excessive dwelling unit density, obsolete buildings not suitable for improvement or conversion, or other identified hazards to the heal th, safety and general well-being of the community. Thus, the tax increment financing district appears to meet the statutory requirements of a redevelopment district and will henceforth be referred to as a redevelopment tax increment financing district. The parcels that have been used to establish eligibility as a redevelopment tax increment financing district have been listed in Appendix B-1. 2-11 . . . (AS MODIFIED NOVEMBER 3, 1987) It has been found that Tax Increment Financing District No. 1 qualifies as a redevelopment district pursuant to Minnesota Statutes, Section 273.73, Subdivision 10(a)(2). Of the 30 addi tional parcels being incorporated into Tax Increment Financing District No.1, Washington County HRA has found that 21 parcels or 70% are occupied by buildings, streets, utilities or other improvements; that 5 of the 21 parcels or 23.8% contain buildings which are structurally substandard; and that an addi tional 7 of the 21 parcels or 33.3% contain buildings that require substantial renovation or clearance. The parcels that have been used to establish eligibility as a redevelopment type of tax increment financing district have been listed in Appendix B-2. Subsection 2.13. District No.1. Duration of Tax Increment Financina (AS ORIGINALLY ADOPTED MAY 7, 1985) Pursuant to Minnesota Statutes, Section 273.75, Subdivision 1, the duration of the tax increment district within the Development District must be indicated within the finance plan. The duration of the tax increment district will be 25 years from the date of receipt of the first tax increment. Thus, it is estimated that the tax increment district, including any modifications to the finance plan for subsequent phases or other changes, would terminate in year 2012. (AS MODIFIED NOVEMBER 3, 1987) Pursuant to Minnesota Statutes, Section 273.75, Subdivisi:o-n 1, the collection of tax increment from Tax :Encrement Financing District No. 1 may be collected up to 25 years from the date of receipt of the first tax increment. The first tax increment was received by the city in 1986. Therefore, the City may collect tax increments generated from Tax Increment Financing District No. 1 through year 2010. Subsection 2.14. Jurisdictions. Estimated Impact on Other Taxing (AS ORIGINALLY ADOPTED MAY 7, 1985) The impact of the loss of tax dollars represented as tax increments is estimated below for each taxing jurisdiction. This estimate is based on the existing redevelopment proposals and does not include the possible tax increments derived from any other future development, mill changes, or inflation factors. 2-12 . Total Assessed Value Tax Increment Flnance District 1/2/84 Total $3,600,000 Latest Assessed Value of Each Government Body: % of District to Total Washington County $ School District 834 City of Stillwater Other (Metro Transit, Metro Council, Mosquito Control, Vo Tech 916) 766,928,175 265,063,453 72,818,081 1.2 3.5 12.6 2,740,931,323 .3 . Considering all the districts, it can be seen from the above that the school, city and county districts will have over 82% of each respective district available for normal growth of tax base or valuation. Applying the percentage of the total mill rate in 1985 levied by each taxing jurisdiction to the projected mill rate and the estimated tax increment received reveals the annual loss of tax dollars by each taxing jur isdiction as listed in the table below assuming development would occur without public assistance. The finance plan indicates we anticipate a tax Increment at build out as follows: All Future Captured Assessed Valuation - Phases Tax Increment Received Tax Increment Finance District $2,600,000 $278,000* * After contribution to the fiscal disparities pool Based on the current mill rate, the estimated taxes received would be as follows for the taxing bodies: Mills Percent Tax Increment City 27.832 26% $72,280 County 25.389 24% 66,720 School District 834 48.000 45% 125,100 Other 6.211 05% 13,900 Total 107.432 100.0% $278,000 . The following table represents the additional mills that would have to be levied to compensate for the loss of tax dollars in estimated tax increments for each taxing 2-13 . jur isdiction. The tax increments derived from the elder ly housing alluded to in the tax increment district would not be available to any of the taxing jurisdictions were it not for public intervention by the City. Although the increases in assessed value due to development will not be available for the application of the mill levy for the duration of the tax increment financing district, this new assessed value could eventually permit a ill levy decrease. If it could be assumed that the captured assessed value was available for each taxing jurisdiction, the non-receipt of tax dollars represented as tax increments may be determined. This determination is facilitated by estimating how much the mill levy for property outside of the tax increment financing district would have to be increased to raise the same amount of tax dollars in each taxing jur isdiction that would be available if the projects occurred without the assistance of the City. . Adjusted* Required Tax Assessed Value Mills Increment School District $265,063,453 .472 $125,100 County $766,928,175 .087 $66,720 City $72,818,081 .993 $72,280 (AS MODIFIED OCTOBER 1, 1985) The impact of the loss of tax dollars represented as tax increments is estimated below for each taxing jurisdiction. This estimate is - based on the existing redevelopment proposals and does not include the possible tax increments derived from any other future development, mill changes, or inflation factors. Total Assessed Value Tax Increment Finance District 1/2/84 Total $4,900,000 Latest Assessed Value of Each Government Body: % of District to Total Washington County School District 834 City of Stillwater Other (Metro Transit, Metro Council, Mosquito Control, Vo Tech 916) $766,928,175 265,063,453 72,818,081 .639% 1. 849% 6.729% 2,740,931,323 .179% . Considering all the districts, it can be seen from the above that the school and county districts will have over 98% of each respective district available for normal growth of tax 2-14 . base or valuation. Applying the percentage of the total mill rate in 1985 levied by each taxing jurisdiction to the projected mill rate and the estimated tax increment received reveals the annual loss of tax dollars by each taxing jurisdiction as listed in the table below assuming development would occur without public assistance. The finance plan indicates we anticipate a tax increment at build out as follows: All Future Captured Assessed Valuation Phases Tax Increment Received Tax Increment Finance District $3,599,432 $386,694* * After contribution to the fiscal disparities pool Based on the current mill rate, the estimated taxes received would be as follows for the taxing bodies: Mills Percent Tax Increment City 27.832 26% $72,280 County 25.389 24% 66,720 School District 834 48.000 45% 125,100 . Other 6.211 05% 13,900 Total 107.432 100.0% $278,000 The. following table represents the additional mills that would have to be levied to compensate for the loss of tax dollars in estimated tax increments for each taxing jur isdiction. The tax increments der i ved from the developme.nt.. alluded to in the tax increment distr ict wOt1"ld!" not be available to any of the taxing jurisdictions were it not for public intervention by the City. Al though the increases in assessed value due to development will not be available for the application of the mill levy for the duration of the tax increment financing district, this new assessed value could eventually permit a mill levy decrease. If it could be assumed that the captured assessed value was available for each taxing jurisdiction, the non-receipt of tax dollars represented as tax increments may be determined. This determination is facilitated by estimating how much the mill levy for property outside of the tax increment financing district would have to be increased to raise the s&me amount of tax dollars in each taxing jurisdiction that would be available if the projects occurred without the assistance of the City. . 2-15 . Adjusted* Assessed Value District- $260,163,453 $762,028,175 $67,918,081 Increment District assessed School County City" * Tax Required Mills Tax Increment .481 .088 1.064 valuation $125,100 $66,720 $72,280 subtracted. (AS MODIFIED NOVEMBER 3, 1987) The additional estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of a Tax Increment Financing District No.1. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the financing would not have occurred without the assistance of the city, the following estimated impact of Tax Increment Financing District No. 1 would be as follows if the "but for" test was not met: IMPACT OF TAX BASE % of Additional Additional Additional Captured . Original Future Captured Assessed Assessed Assessed Assessed Value to Entity Tax Base Value Value- Value* Entity Washington County 851,852,556 2,307,591 4,412,931 2,105,340 .247% Stillwater 80,795,336 2,307,591 4,412,931 2,105,340 2.606% S.D.,834 288,278,482 2,307,591 - 4,412,931 <~ 2.,105,340 .730% IMPACTOi"MILL RATES Entity Washington County Stillwater S.D. 834 Area Vo-Tech. Other ** Current Mill Rate Total 26.499 28.850 54.083 1.396 4.767 115.595 Additional Potential Taxes $ 55,790 60,739 113,863 2,939 10,036 $243,367 . * Does not include fiscal disparities contribution ** Includes Met Transit, Met Council, Hennepin County parks, etc 2-16 .. . . . Subsection 2.15. Modification of Tax Increment Financina Plan for Tax Increment Financina District No.1. (~S MODIFIED OCTOBER 1, 1985) . The Tax Increment Financing Plan for Tax Increment Financing District No. 1 was modified to reflect a modification of the geographic area of Tax Increment Financing District No. 1 and increased project costs within Tax Increment Financing District No.1. (AS MODIFIED DECEMBER 12, 1985) The Tax Increment Financing District No. 1 was the geographic area within No . 1. Financing Plan for Tax Increment modified to reflect a reduction of Tax Increment Financing District (AS MODIFIED NOVEMBER 3, 1987)' The Tax Increment Financing Plan for Tax Increment Financing District No. 1 was modified to reflect an enlargement of the geographic area of Tax Increment Financing District No. 1 and increased project costs within Tax Increment Financing District No.1. (AS MODIFIED FEBRUARY 21, 1989) The Tax Increment Financing Plan for Tax Increment Financing District No. 1 was modified to reflect the implementation of a master project concept wi thin Development District No. 1 and the modification of the Development Program to reflect increased project costs within the project area, as outlined in Section I, Subsection-l'.5 of the Development Program. (AS MODIFED JUNE 20, 1989) Pursuant to the adoption of the modification of the Modified Development Program for Development District No.1, the Tax Increment Financing Plan for Tax Increment Financing District No. 1 is hereby modified to reflect an enlargement of the Project Area and increased project costs, as outlined in Section I, Subsections 1.5 and 1.13 of the Development Program. 2-17 . . . . ' SECTION III. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 2 - (NELLE PROJECT) NOTE: As of February 21, 1989 the City has determined to implement a master project concept in regard to tax increment financing districts located within Development District No.1. Tax Increment Financing District No 3 was established and its Tax Increment Financing Plan was approved on December 12, 1985. The February 21, 1989 modification to the Tax Increment Financing Plan is to implement such a concept. Attached as Exhibit IV-A are portions of the original plan which are not required to be pro- vided in a tax increment financing plan pursuant to Minnesota Statutes, Section 469.175, Subdivision 1, and therefore are not reflected in this Section IV. Subsection 3.1. Statement of Obiectives. See Sec- tion I, Modified Development Program for Development District No.1, Subsection 1.4, Statement of Objectives. Subsection 3.2. Development Proaram. Modified Development Program for Development Subsection 1.1 through 1.15. See Section I, District No.1, Subsection 3.3. Parcels to be Included in Tax Increment Financina District No.2. The following parcels located in the City of Stillwater, County of Washington, State of Minnesota: P.I.N.' 106913800 106913770 1:06913740 106913720 106912150 106912240 106912300 106912330 106912780 106912810 106912900 106913830 106913860 106913890 106913920 106913950 106913980 106913990 106914010 106914040 106914070 (Block 19) ':" ."l (Block 18) (Block 19) 3-1 . . . . . 106914100 106914130 106914160 106915270 106915300 106915330 106915360 106915420 106915450 106915480 106915510 FURTHER INFORMATION REGARDING THE IDENTIFICATION OF THE PARCELS TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. 2 CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Subsection 3.4. Parcels in Acauisition. Properties identified for acquisition will be acquired by the City in order to accomplish one or more of the following: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; to eliminate unhealthful, unsafe, and unsanitary structures and conditions; reduce traffic hazards; provide land for needed public streets, utilities, and facilities; remove incompatible land use, eliminate obsolete or detr imental uses; assemble land for redevelopment; carry out clearance and/or redevelopment to accomplish the' uses and objectives set forth in this plan. (AS MODIFIED FEBRUARY 21, 1989) The City may acquire and reconvey the parcels identified in Section I, Subsection 1.14 of the Development Program. The following are conditions under which properties not designated to be acquired may be acquired at a future date: ( 1 ) The City may acquire property by condemnation or direct purchase from order to achieve the objectives of financing plan; and gift, dedication, willing sellers in the tax increment (2) Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 3.5. Development Activity in the Tax Incre- ment Financinq District No.2. The developer plans to rehabilitate and expand a commercial hotel project (Nelle) within the Development District Modification 2 area. The developer may be assisted with a portion of the land acquisition, public improvement and parking costs associated with the var ious phases of development through tax 3-2 . . .~~ . increments generated as a result of these developments. The hotel expansions of up to 52 addi tional units, proposed hotel/motel additions and learning center are further described in Appendix A to Exhibit III-A, Estimate of Tax Increments. Subsection 3.6. Development Activity Increment Financing District for which Contract have The following contracts have been entered into by Stillwater and the persons named below: in the Tax been sianed. the City of It is expected that the Phase I developments will have executed development contracts no later than the spring of 1986. (As Contracts are entered into with the City of Stillwater, they will be inserted in this Subsection). Subsection 3.7. Other Specific Development Expected to Occur within the Tax Increment Financina District. As a part of the City's overall revitalization program within the redevelopment district, the other phases of the program may provide for addi tional public facilities, and land acquisi- tion. Depending on the availability of public funds, the Phase II development should commence wi thin the next two years. (See Appendix "A" to Exhibit III-A for Estimate of Tax Increments.) (As other specific development is expected to occur, it will be inserted into this Subsection.) - Subsection 3.8. Estimated Cost of Proiect. See Sub- section 1.5 of the Development Program for estimated costs associ- ated with the Development District. Subsection 3.9. Estimated Amount of Bonded Indebtedness. An estimate of the amount of bonded indebtedness for all phases is expected to be approximately $3,500,000 based upon all projects in the Nelle project being constructed. The term of the issue is 15 years and the interest rate is 8.5 percent. The amount of maximum capitalized interest is estimated to be $892,500. The amount of capitalized interest will be equal to an amount sufficient to pay interest on the bonds from the date of issue until the date of collection of sufficient tax increment revenue to meet scheduled interest payments when due, but not exceeding 3 years as required by Minnesota Statutes, Chapter 475. Predicting capitalized interest prior to issuance is extremely difficulty as it is a function of interest rates, construction schedu~es and tax timing; therefore, the above figure is only an estimate of capitalized interest and is subject to change. Subsection 3.10. Sources of Revenue. Public improvement costs, acquisition, and site preparation costs and other costs outlined in the Estimated Cost of Project (Subsection 4.7 above) will be financed through the annual collection of tax increments as described below. It is 3-3 . . . anticipated that the City will retain all tax increment generated from Tax Increment Financing District No. 3 to pay for costs outlined in Subsect~on 1.5 of the Development Program. Other sources of revenue may be used to finance public costs associated with the development projects in the municipal development di~trict including industrial revenue bonds, and otheT state and federal funds. Tax increment financing refers to a funding technique that utilizes increases in assessed valuation and the property taxes attributed to new development to finance, or assist in the financing of public development costs. The commercial development expected to be fully assessed beginning in 1989 at which time the development is estimated to generate maximum annual tax increment of $386,694 collectable in 1990. Subsection 3.11. Estimated Oriainal Assessed Value and Estimated Captured Assessed Value and Estimate of Tax Increment. Pursuant to Minnesota Statutes, Section 273.74, Subdivi- sion 1 and Section 273.76, Subdivision 1, the Original Assessed Value (OAV) for the City of Stillwater tax increment financing redevelopment district is based on the value placed on the prop- erty by the County Assessor in 1985. This assessed value is estimated at $1,333,542. Each year the Office of the County Auditor will measure the amount of increase or decrease in the total assessed value of the tax increment redevelopment district to calculate the tax increment payable to the Stillwater redevelopment district fund. In any'year in which there is an increase in total assessed valuation in the tax increment redevelopment district above the adjusted original assessed value, a tax increment will be payable. In any year in which the total assessed valuation in the tax increment financing redevelopment district declines below the original assessed valuation, no assessed valuation will be~'eaptured and no tax. increment will be payable. The County Auditor shall certify in each year after the date the Original Assessed Value was certified, the amount the OAV has increased or decreased as a result of: 1. change in tax exempt status of property; 2. reduction or enlargement of the geographic boundaries of the district; 3. change due to stipulations, adjustments, negotiated or court-ordered abatements. Pursuant to Minnesota Statutes, Section 273.74, Subdivi- sion 1 and Minnesota Statutes, Section 273.76, Subdivision 2, the maximum estimated Captured Assessed Value (CAV) of the tax incre- ment financing redevelopment district will annually approximate $3,599,432 in all present and future phases. This amount will be 3-4 . . . captured for up to twenty-five years or until the project debt is retired. Subsection 3.12. Type of Tax Increment Financina Dis- trict. The City Council of the City of Stillwater, Minnesota, in determining the need for a tax increment financing district in accordance with Minnesota Statutes, Sections 273.71-273.78 inclu- sive, finds that the district to be established is a housing district pursuant to Minnesota Statutes Section 273.73, Subdivi- sion 10. It has been determined that 23 of the parcels in the district (71 percent) are occupied by buildings, streets, utili ties or other improvements and 20 percent of the buildings are structurally substandard and an additional 30 percent of the buildings are found to require substantial renovation or clearance in order to remove such existing conditions as: inadequate street layout, incompatible uses or land use relationships, overcrowding ob buildings on the land, excessive dwelling unit density, obsolete buildings not suitable for improvement or conversion, or other identified hazards to health, safety and general well-being of the communi ty. The 23 structures on the 32 parcels of land constituting the redevelopment district have been investigated by the Washington County Housing and Redevelopment Authority. Five of the 23 buildings are deteriorated and structurally substandard to a degree requiring clearance and 8 other structures are found to require substantial renovation in order to remove such existing conditions as: inadequate street layout, incompatible uses or land use relationships, overcrowding of buildings on the land, excessi~e dwelling unit density, obsolete buildings not suitable for improvement or conversion, or other identified hazards to the health, safety and general well-being of the community. Thus, the tax increment financing district appears to meet the statutory requirement"s"'of a redevelopment district and will henceforth'" be referred to as a redevelopment tax increment financing district. The parcels that have been used to establish eligibility as a redevelopment tax increment financing district have been listed in Appendix B of Exhibit III-A. Subsection 3.13. District No.2. Duration of Tax Increment Financinq Pursuant to Minnesota Statutes, Section 273.75, Subdivi- sion 1, the duration of the tax increment district within the Development District must be indicated within the finance plan. The duration of the tax increment district will be 25 years from the date of receipt of the first tax increment. Thus, it is estimated that the tax increment district, including any modifica- tions to the finance plan for subsequent phases or other changes, would terminate in year 2012. Subsection 3.14. Jurisdictions. Estimated Impact on Other Taxing 3-5 . . . The impact of the loss of tax dollars represented as tax increments is estimated below for each taxing jurisdiction. This estimate is based on the existing redevelopment proposals and does not include the possible tax increments derived from any other future de~elopment, mill changes, or inflation factors. Total Assessed Value Tax Increment Finance District 1/2/85 Total $1,133,542 Latest Assessed Value of Each Government Body: % of District to Total Washington County School District 834 City of Stillwater Other (Metro Transit, Metro Council, Mosquito Control, VocTech 916) $809,314,635 $294,571,383 $76,125,857 .140 .385 1.49 $2,740,931,323 .041 Considering all the districts, it can be seen from the above that the school and county districts will have over 99% of each respective district available for normal growth of tax base or valuation. Applying the percentage of the total mill rate in 1985 leviea by each taxing jurisdiction to the projected mill rate and the estimated tax increment received reveals the annual loss of tax dollars by each taxing jurisdiction as listed in the table below assuming development would occur without public assistance. 3-6 . . . The finance plan indicates an anticipated tax increment at build out as follows: Maximum Captured Assessed Valuation Maximum Tax Increment Received Tax Increment Finance District $3,599,432 $386,694 Based on the current mill rate, the estimated taxes received would be as follows for the taxing bodies: Mills Percent City 27.832 26% County 25.389 24% School District 834 48.000 45% Other 6.211 05% Total 107.432 100.0% Maximum Tax Increment $100,179 91,386 172,773 22,356 $386,694 The following table represents the additional mills that would have to be levied to compensate for the loss of tax dollars in estimated tax increments for each taxing jurisdiction. The tax - increments der i ved from the development alluded to in the tax increment distr ict would not be available to any of the taxing jur isdictions were it. not for public intervention by the City. Although the increases in assessed value due to development will not be available for the application of the mill levy for the duration of the tax increment financing district, this new as- sessed value could eventually permit.. a'mill levy decrease. If it could be assumed that the captured assessed value was available for each taxing jurisdiction, the non-receipt of tax dollars represented as tax increments may be determined. This. determina- tion is facilitated by estimating how much the mill levy for property outside of the tax increment financing district would have to be increased to raise the same amount of tax dollars in each taxing jurisdiction that would be available if the projects occurred without the assistance of the City. 3-7 . . . . . Adjusted* Required Tax Assessed Value Mills Increment School District $293,437,841 .588 $172,773 County $808,181,093 .113 $91,386 City" $74,992,315 1.34 $100,179 *Tax Increment District assessed valuation subtracted. Subsection 3.15. Modification of Tax Increment Financina Plan for Tax Increment Financina District No.2. As of December 12, 1985, no modifications to Tax Increment Financing District No. 2 or the Tax Increment Financing Plan therefor have been made. (AS MODIFIED FEBRUARY 21, 1989) Pursuant to the adoption of the modification of the Modified Development Program for Development District No.1, the Tax Increment Financing Plan for Tax Increment Financing District No. 2 is hereby modified to reflect the implementation of the master plan concept and increased project costs of Development Distr ict No. 1 as outlined in Section I. Subsection 1.5 of the Modified Development Program. (AS MODIFIED JUNE 20, 1989) Pursuant to the adoption of the modification of the Modified Development Program for Development District No.1, the Tax Increment Financing Plan for Tax Increment Financing District. No. 2 is hereby modified to reflect an enlargement of the Project Area and increased project costs, as outlined in Section I, Subsection 1.5 and 1.13 of the Modified Development Program. 3-8 ~. .. . . SECTION IV. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3 - (ARKELL PROJECT) wNOTE: As of February 21, 1989 the City has determined to implemept a master project concept in regard to tax increment financing districts located within Development District No.1. Tax Increment Financing District No 3 was established and its Tax Increment Financing Plan was approved on December 12, 1985. The February 21, 1989 modification to the Tax Increment Financing Plan is to implement such a concept. Attached as Exhibit IV-A are portions of the original plan which are not required to be pro- vided in a tax increment financing plan pursuant to Minnesota Statutes, Section 469.175, Subdivision 1, and therefore are not reflected in this Section IV. Subsection 4.1. Statement of Obiectives. See Sec- tion I, Modified Development Program for Development District No.1, Subsection 1.4, Statement of Objectives. Subsection 4.2. Development Proaram. Modified Development Program for Development Subsection 1.1 through 1.15. See Section I, District No.1, Subsection 4.3. Parcels to be Included in Tax Increment Financina District No.3. The following parcels located in the City of Stillwater, County of Washington, State of Minnesota: P.I.N.# 90322620 FURTHER INFORMATION REGARDING THE IDENTIFICATION OF THE PARCELS TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. 3 CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Subsection 4.4. Parcels in Acauisition. Properties identified for acquisition will be acquired by the City in order to accomplish one or more of the following: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; to eliminate unhealthful, unsafe, and unsanitary structures and conditions; reduce traffic hazards; provide land for needed public streets, utilit~es, and facilities; remove incompatible land use, eliminate obsolete or detrimental uses; assemble land for redevelopment; carry out clearance and/or redevelopment to accomplish the uses and objectives set forth in this plan. 4-1 .' (AS MODIFIED FEBRUARY 21, 1989) The City may acquire and reconvey the parcels identified in Section I, Subsection 1.14 of the Development Program as modi- fied on June 13, 1988. The following are conditions under which properties not designated to be acquired may be acquired at a future date: ( 1 ) The City may acquire property by condemnation or direct purchase from order to achieve the objectives of financing plan; and gift, dedication, willing sellers in the tax increment (2) Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 4.5. Development Activity'in the Tax Incre- ment Financina District for which Contracts have been Sianed. The following contracts have been entered into by the City of Stillwater and the persons named below: . It is expected that the Phase I, II and III develop- ments will have executed development contracts no later than the spring of 1986. (As Contracts are entered into with the City of Stillwater, they will be inserted in this Subsection.) Subsection 4.6. Other Specific Development Ex?ected to Occur within the Tax Increment Financina District. As a part of the City's overall revitalization=program within the redevelopment district, the other phases of the program may provide for additional public facilities, and land acquisi- tion. Depending on the availability of public funds, the Phase II development should commence within the next two years. Phase II-A is expected to consist of 80 units of elderly housing located on 7.5 acres and Phase II-B consists of 75 units of two story elderly housing on 6 acres. Phase III-A consists of a shopping/retail facility located on approximately 9 acres and Phase III-B consists of 64 units of elderly housing. The total site size covering all five phases is approximately 35 acres. (As other specific development is expected to occur, it will be inserted into this Subsection.) Subsection 4.7. Estimated Cost of Proiect. See Sub- section 1.5 of the Development Program for estimated costs associ- ated with the Development District. . 4-2 .' . .....;~"t";":" . Subsection Indebtedness. Estimated of Bonded 4.8. Amount An estimate of the maximum amount of bonded indebtedness for Phases I, II and III is expected to be $1,200,000. The term of the issue is 15 years and the interest rate is expected to be 8.5 percent. The amount of capitalized interest for 3 years is estimated to be $306,000. This estimate is based upon all of the development occurring within the parameters described in Appendix A to Exhibi t IV-A. The amount of capi talized interest will be equal to an amount sufficient to pay interest on the bonds from the date of issue until the date of collection of sufficient tax increment revenue to meet scheduled interest payments when due, but not exceeding 3 years as required by Minnesota Statutes, Chapter 475. Predicting capitalized interest prior to issuance is extremely difficult as it is a function of interest rates, con- struction schedules and tax timing; therefore, the above figure is only an estimate of capitalized interest and is subject to change. Subsection 4.9. Sources of Revenue. Public improvement costs, acquisi tion, and site preparation costs and other costs outlined in the Estimated Cost of Project (Subsection 4.7 above) will be financed through the annual collection of tax increments as described below. It is anticipated that the City will retain all tax increment generated from Tax Increment Financing District No.3 to pay for costs outlined in Subsection 1.5 of the Develop- ment Program. Several other sources of revenue may be used to finance public costs associated with the development projects in the municipal development district including industrial revenue bonds, and other state and federal funds as available. Tax increment financing refers to a funding technique that utilizes increases in assessed valuation and the property taxes attr~buted to new devel- opment to finance, or assist in the financing of public develop- ment costs. Phase I of the elderly housing development is expected to be fully assessed beginning in 1988 at which time the development will generate an annual tax increment of $44,200 collectable in 1989. An additional $156,000 per year of tax increment could be available if all of the phases of development are completed. Timing of development phases, lease-up schedules and resulting tax increment cash flow should be calculated and agreed upon between the City and the developer as a part of the redevelopment contract prior to bond issuance. Subsection 4.10. Estimated Oriainal Assessed Value and Estimated Captured Assessed Value and Estimate of Tax Increment. Pursuant to Minnesota Statutes, Section 273.74, Subdivi- sion 1 and Section 273.76, Subdivision 1, the Original Assessed Value (OAV) for the City of Stillwater tax increment financing redevelopment district is based on the value placed on the prop- erty by the County Assessor in 1985. This assessed value is estimated at $12,708. Each year the Office of the County Auditor 4-3 .' . . will measure the amount of increase or decrease in the total assessed value of the tax increment redevelopment district to calculate the tax increment payable to the Stillwater redevelop- ment district fund.' In any year in which there is an increase in total assessed valuation in the tax increment redevelopment dis- trict above the adjusted original assessed value, a tax increment will be payable. In any year in which the total assessed valu- ation in the tax increment financing redevelopment district de- clines below the original assessed valuation, no assessed valuation will be captured and no tax increment will be payable. The County Auditor shall certify in each year after the date the Original Assessed Value was certified, the amount the OAV has increased or decreased as a result of: 1. change in tax exempt status of property; 2. reduction or enlargement of the geographic boundaries of the district; 3. change due to stipulations, adjustments, negotiated or court-ordered abatements. Pursuant to Minnesota Statutes, Section 273.74, Subdivi- sion 1 and Minnesota Statutes, Section 273.76, Subdivision 2, the maximum estimated Captured Assessed Value (CAV) of the tax incre- ment financing redevelopment district will annually approximate $411,612 to $1,863,582 in' all present and future phases. It is expected that an estimated $411,612 will be captured as a result of Phase I. This amount will be captured for up to twenty~five years or until the project debt is retired. Subsection 4.11. Type of Tax Increment Financinq Dis- trict. Tax Increment Financing" District No. -3 is, pursuant to Minnesota Statutes, Section 469.174, ,Subd. 10(a)(2), a redevelop- ment district as defined below: The City Council of the City of Stillwater, Minnesota, in determining the need for a tax increment financing district in accordance with Minnesota Statutes, Sections 273.71-273.78 inclu- sive, finds that the district to be established is a housing district pursuant to Minnesota Statutes Section 273.73, Subdivi~ sion 11. The tax increment financing distr ict consists of a project, a portion of which is intended for occupancy by persons or families of low and moderate income as defined in Chapter 462A and other state and federal legislation in connection with the issuan~e of 462C housing bonds. Thus, the tax increment financing district meets the statutory requirements of a housing district. Subsection 4.12. District No.3. Duration of Tax Increment Financing Pursuant to Minnesota Statutes, Section 273.75, Subdivi- sion 1, the duration of the tax increment distr ict wi thin the 4-4 .' . . Development District must be indicated within the finance plan. The duration of the tax increment district will be 25 years from the date of receipt of the first tax increment. Thus, it is estimated that the tax increment district, including any modifica- tions to the finance plan for subsequent phases or other changes, would terminate in year 2012. Subsection 4.13. Jurisdictions. Estimated Impact on Other Taxina The impact of the loss of tax dollars represented as tax increments is estimated below for each taxing jurisdiction. This estimate is based on the existing redevelopment proposals and does not include the possible tax increments derived from any other future development, mill changes, or inflation factors. Total Assessed Value Tax Increment Finance District 1/2/85 Total $12,708 Latest Assessed Value of Each Government Body: % of District to Total Washington County School District 834 City of Stillwater Other (Metro Transit, Metro Council, Mosquito Control, VocTech 916) $809,314,635 $294,571,383 $76,125,857 .002 .004 .017 $2,740,931,323 .0005 Consider ing. all the distr icts, it can be seen from the above that the school and county districts will have over 99% of each respective district available for normal growth of tax base or valuation. Applying the percentage of the total mill rate in 1985 levied by each taxing jurisdiction to the projected mill rate and the estimated tax increment received reveals the annual loss of tax dollars by each taxing jurisdiction as listed in the table below assuming development would occur without public assistance. 4-5 .- The finance plan indicates we anticipate a tax increment at build out as follows: Phase Estimated Assessed Valuation I Estimated Increment Received Tax Increment Finance District $411,612 $44,200 All Estimated Assessed Valuation Phase Estimated Increment Received $1,863,582 $200,200 Based on the current mill rate, the estimated taxes received would be as follows for the taxing bodies: ' Maximum Tax Increment $51,865 47,313 89,448 11,574 $200,200 The following table represents the additional mills that would have to be levied to compensate for the loss of tax dollars in estimated tax increments for each taxing jurisdiction. The tax increment-s" derived from the development alluded to in the tax increment district would not be available to any of the taxing jur isdictions were it not for public intervention by the City. Although the increases in assessed value due to development will not be available for the application of the mill levy for the duration of the tax increment financing district, this new as- sessed value could eventually permit a mill levy decrease. If it could be assumed that the captured assessed value was available for each taxing jurisdiction, the non-receipt of tax dollars represented as tax increments may be determined. This determina- tion is facili tated by estimating how much the mill levy for property outside of the tax increment financing distr ict would have to be increased to raise the same amount of tax dollars in each t~xing jurisdiction that would be available if the projects occurred without the assistance of the City. . 4-6 .' . . Adjusted* Required Tax Assessed Value Mills Increment School District: $294,558,675 .304 $89,448 County $809,301,927 .058 $47,313 City' $76,113,149 .681 $51,865 *Tax Increment District assessed valuation subtracted. Subsection 4.14. Modification of Tax Increment Financina Plan for Tax Increment Financina District No.3. As of December 12, 1985, no modif ications to Tax Increment Financing District No. 3 or the Tax Increment Financing Plan therefor have been made. (AS MODIFIED FEBRUARY 21, 1989) Pursuant to the adoption of the modification of the Modified Development Program for Development District No.1, the Tax Increment Financing Plan for Tax Increment Financing District No. 3 is hereby modified to reflect the implementation of the master plan concept and increased project costs of Development District No.1 as outlined in Section 1. Subsection 1.5 of the Modified Development Program. (AS MODIFIED JUNE 20, 1989) Pursuant to the adoption of the modification of the Modified Development Program for Development District No.1, the Tax Increment Financing Plan for Tax -Increment Financing Distr ict No. 3 is hereby modified to reflect an enlargement of the Project Area and increased project costs, as outlined in Section I, Subsection 1.5 and 1.13 of the Modified Development Program. 4-7 .' SECTION v. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4 NOTE: As of February 21, 1989 the City has determined to implement a master project concept in regard to tax increment financing districta located within Development District No 1. Tax Increment Financing Distr ict No 4 was established and its Tax Increment Financing Plan was approved on April 1, 1986. The February 21, 1989 modification to the Tax Increment Financing Plan is to implement such a concept. Attached as Exhibit V-A are portions of the original plan which are not required to be pro- vided in a tax increment financing plan pursuant to Minnesota Statutes, Section 469.175, Subdivision 1, and therefore are not reflected in this Section V. Subsection 5.1. Statement of Obiecti ves. See Sec- tion I, Modified Development Program for Development District No.1, Subsection 1.4, Statement of Objectives.. Subsection 5.2. Development Proaram. Modified Development Program for Development Subsection 1.1 through 1.15. See Section I, District No.1, Subsection 5.3. Parcels to be Included in Tax Increment Financina Distr ict No.4. The following parcels located in the . City of Stillwater, County of Washington, State of Minnesota: . P.I.N. Owner 90322610 90322612 Croixgate Land Croixgate Land Co. Co. FURTHER INFORMATION REGARDING..THE IDENTIFICATION OF THE PARCELS TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. 3 CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Subsection 5.4. Parcels in Acauisi tion. Properties identified for acquisition will be acquired by the City in order to accomplish one or more of the following: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; to eliminate unhealthful, unsafe, and unsanitary structures and conditions; reduce traffic hazards; provide land for needed public streets, utilities, and facilities; remove incompatible land use, eliminate obsolete or detr imental uses; assemble land for redevelopment; carry out clearance and/or redeve~opment to accomplish the uses and objectives set forth in this plan. (AS MODIFIED FEBRUARY 21, 1989) The City may acquire and reconvey the parcels identified in Section I, Subsection 1.14 of the Development Program. 5-1 . . . " The following are conditions under which properties not designated to be acquired may be acquired at a future date: ( 1 ) The City' may acquire property by condemnation or direct purchase from . order to achieve the objectives of financing plan; and gift, dedication, willing sellers in the tax increment (2) Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 5.5. Development Activitv in the Tax Incre- ment Financina District for which Contracts have been Sianed. The following contracts have been entered into by the City of Stillwater and the persons named below: It is expected that the Woodland Lakes Development will have executed development contracts no later than the summer of 1986. (As Contracts are entered into with the City of Stillwater, they will be inserted in this Subsection.) Subsection 5.6. Other Specific Develo?ment Expected to Occur within the Tax Increment Financina District. The developer plans to construct a 360,000 square foot shopping mall, a 150 room hotel, a 13,000 square foot banking facility, and 84,300 square feet of office and retail space. The developer may be assisted with a portion of the land acquisition, site improvements, and parking costs associated with the various phases of development through tax increments generated as a result of these developments. The proposed development is further de- scribed in Appendix A of Exhibit V-A, Estimate of Tax Increment. (As other specific development is expected to occur, it will be inserted into this Subsection.) Subsection 5.7. Estimated Cost of Proiect. See Sub- section 1.5 of the Development Program for estimated costs associ- ated with the Development District. Subsection 5.8. Estimated Amount of Bonded Indebted- ness. _ An estimate of the maximum amount of bonded indebted- ness, using 60% of the tax increment, is expected to be $3,711,020 based on all projects in the Woodland Lakes development being constructed. The term of the issue is 16 years and the interest rate of 7 percent is based upon a tax exempt bond. Due to pendina federal legislation, the bonds may be taxable and the interest rate may be higher. The amount of capitalized interest years is estimated to be $997,720. The amount of capitalized interest will 5-2 . . . be equal to an amount sufficient to pay interest on the bonds from the date of issue until the date of collection of sufficient tax increment revenue to meet scheduled interest payments when due, but not exceeding 3 years as required by Minnesota Statutes, Chapter 4.75. Predicting capitalized interest prior to issuance is extremely difficult as it is a function of interest rates, construction schedules and tax timing; therefore, the above figure is only an estimate of capitalized interest and is subject to change. Excess increment may be used to issue future bonds or to pay additional costs for improvements in the municipal development district. Subsection 5.9. Sources of Revenue. Public improvement costs, acquisition, and site preparation costs and other costs outlined in the Estimated Cost of Project (Subsection 5.7 above) will be financed through the annual collection.of tax increments as described below. It is anticipated that the City will retain all tax increment generated from Tax Increment Financing District No. 3 to pay for costs outlined in Subsection 1.5 of the Develop- ment Program. Several other sources of revenue may be used to finance public costs associated with the development projects in the muni'cipal development district including industrial revenue bonds, and other -state and federal funds. Tax increment financing refers to a funding technique that utilizes increases in assessed valu- ation and the property taxes attributed to new development to finance, or assist in the financing of public development costs. The commercial development is expected to be fully assessed begin- ning in 1991 at which time the development is estimated to gener- ate maximum annual tax increment of $1,144,800 collectable in 1992 (PLAN A) . Subsection 5.10. Original Assessed Value and Estimated Captured Assessed Value and Estimate of Tax Increment. Pursuant to Minnesota Statutes, Section 273.74, Subdivi- sion 1. and Section 273.76, Subdivision 1, the Original Assessed Value (OAV) for the City of Stillwater tax increment financing redevelopment district is based on the value placed on the prop- erty by the County Assessor in 1985. This assessed value is estimated at $60,650. Each year the Office of the County Auditor will measure the amount of increase or decrease in the total assessed value of the tax increment redevelopment district to calculate the tax increment payable to the Stillwater redevelop- ment district fund. In any year in which there is an increase in total assessed valuation in the tax increment redevelopment dis- trict above the adjusted original assessed value, a tax increment will be payable. In any year in which the total assessed valu- ation in the tax increment financing redevelopment district 5-3 .' . . declines below the original assessed valuation, no assessed valuation will be captured and no tax increment will be payable. The County Auditor shall certify in each year after the date the Original Assessed Value was certified, the amount the OAV has increased or decreased as a result of: 1. change in tax exempt status of property; 2. reduction or enlargement of the geographic boundaries of the district; 3. change due to stipulations, adjustments, negotiated or court-ordered abatements. Pursuant to Minnesota Statutes, Section 273.74, Subdivi- sion 1 and Minnesota Statutes, Section 273.76, Subdivision 2, the estimated Captured Assessed Value (CAV) of the tax increment financing redevelopment district will annually approximate $10,062,715 in all present and future phases. This amount will be captured for up to twenty-five years or until the project debt is retired. Subsection 5.11. Type of Tax Increment Financina Dis- trict. The City 'Council of the City of Stillwater, Minnesota, in determining the need for a tax increment financing district in accordance with Minnesota Statutes, Sections 273.7l-273.7a inclu- sive, finds that the district to be established is a redevelopment district pursuant to Minnesota Statutes Section 273.73, Subdivi- sion 10 (a) (3) . Less than 70 percent of the parcels in the dis- trict are occupied by buildings, streets, utilities or other improvements, but due to unusual terrain, or- soil deficiencies requiring substantial filling, grading or other physical prepara- tion for use at least 80 percent of the total acreage of such land has a fair market value upon inclusion in the redevelopment dis- trict which, when added to the estimated cost of preparing that land for development, excluding costs directly related to roads as defined in section 160.01 and local improvements as described in section 429.021, subdivision 1, clauses 1 to 7, 11, and 12, and section 420.01, if any, exceeds its anticipated fair market value after completion of said preparation. No parcel shall be included within a redevelopment district pursuant to this paragraph unless the authority has concluded an agreement or agreements for the development of at least 50 percent of the acreage having the unusual soil or terrain deficiencies, which agreement provides recourse for the authority should the development not be completed. Development agreements will be executed prior to the approval of the Tax Increment Fi- nance District Plan. Thus, the tax increment financing district appears to meet the statutory requirements of a redevelopment district and will henceforth be referred to as a redevelopment tax 5-4 .' . . ,increment financing district. The parcels that have been used to establish eligibility as a redevelopment tax increment financing district have been ~isted in Appendix B of Exhibit V-A. Subsection 5.12. District 'No. 4. Duration of Tax Increment Financina Pursuant to Minnesota Statutes, Section 273.75, Subdivi- sion 1, the duration of the tax increment distr ict wi thin the Development District must be indicated within the finance plan. The duration of the tax increment district will be 25 years from the date of receipt of the first tax increment. Thus, it is estimated that the tax increment district, including any modifica- tions to the finance plan for subsequent phases or other changes, would terminate in year 2012. Subsection 5.13. Jurisdictions. Estimated Impact on Other Taxing The impact of the loss of tax dollars represented as tax increments is estimated below for each taxing jurisdiction. This estimate is based on the existing redevelopment proposals and does not include the possible tax increments der i ved from any other future development, mill changes, or inflation factors. Total Assessed Value Tax Increment Finance District 1/2/85 Total $60,650 Latest Assessed Value of Each Government Body: % of District to Total Washington County School District 834 City of Stillwater Other (Metro Transit, Metro Council, Mosquito Control, VocTech #916) $809,314,635 $294,571,383 $76,125,857 .007 .021 .080 $2,740,931,323 .002 Considering all the districts, it can be seen from the above that each respective district will have over 99% of each respective district available for normal growth of tax base or valuation. Applying the percentage of the total mill rate in 1985 levied.by each taxing jurisdiction to the projected mill rate and the estimated tax increment received reveals the annual loss of tax dollars by each taxing jurisdiction as listed in the table below assuming development would occur without public assistance. The finance plan indicates we anticipate a tax increment at build out as follows: 5-5 .' . . Maximum Captured Assessed Valuation Maximum Tax Increment Received Tax Increment Finance District $1,144,800 $10,062,715 Based on the current mill rate, the estimated taxes received would be as follows for the taxing bodies: Mills Percent City 28.801 25% County 27.586 24% School District #834 50.548 44% Other 6.880 06% Total 113.815 100.0% Maximum Tax Increment $289,693 277,472 508,433 69,202 $1,144,800 The following table represents the additional mills that would have to be levied to compensate for the loss of tax dollars in estimated tax increments for each taxing jurisdiction. The tax increments derived from the development alluded to in the tax increment district would not be available to any of the taxing jur isdictions were it not for public intervention by the City. Although the 'increases in assessed value due to development will not be available for the application of the mill levy for the duration of the tax increment financing district,' this new as- sessed value could eventually permit a mill levy decrease. If it could be assumed that the captured assessed value was available for each taxing jurisdiction, the non-receipt of tax dollars represented as tax increments may be determined. This determina- tion is facilitated by estimating how much the mill levy for property outside of the tax increment financing district. would have to be increased to raise the same amount of tax dollars in each taxing jurisdiction that would be available if the projects occurred without the assistance of the City. School District County City Adjusted* Required Tax Assessed Value Mills Increment $294,510,733 1. 730 $508,433 $809,253,985 .343 $227,472 $76,065,207 3.810 $289,693 *Tax Increment District assessed valuation subtracted. Subsection 5.14. Modification of Tax Increment Financ- ina Plan for Tax Increment Financina District No.4. As of April 6, 1985, no modifications to Tax Increment Financing District No. 4 or the Tax Increment Financing Plan therefor have been made. 5-6 . . . . . (AS MODIFIED FEBRUARY 21, 1989) Pursuant to the adoption of the modification of the Modified Development Program for Development District No.1, the Tax Increment Financing Plan for Tax Increment Financing District No. 4 is' hereby modified to reflect the implementation of the master plan concept and increased project costs of Development District No. 1 as outlined in Section I, Subsection 1.5 of the Modified Development Program. (AS MODIFIED JUNE 20, 1989) Pursuant to the adoption of the modification of the Modified Development Program for Development District No.1, the Tax Increment Financing Plan for Tax Increment Financing District No. 4 is hereby modified to reflect an enlargement of the Project Area and increased project costs, as outlined in Section I, Subsections 1.5 and 1.13 of the Modified Development Program. 5-7 . SECTION VI. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 5 Project Summary The tax increment revenues generated through new development in Tax Increment Financing District No. 5 (Brick Pond Project) will be used to enhance the quality of public improvements and to reduce the extraordinary utility improvement costs caused by an inappropriate subdivision pattern and incompa tible land uses. The Br ick Pond Planning Area contains land-locked parcels (no street access) and commercial and multifamily residential development next to a stable, single family neighborhood. . Tax increment revenues can be used to reduce utility improvement costs in line with other competitive sites in the area. This will increase the likelihood for the area to develop. The need for a neighborhood park and greenbelt buffer was identified in the Comprehensive Plan for the area. Tax increment revenues will be used to purchase land for the park and make park improvements and to establish a landscape buffer between incompatible land uses. Remaining tax increment revenues will be used to upgrade and rehabilitate downtown Stillwater. Subsection 6.1. Statement of Obiecti ves. See Sec- tion I, Modified Development Program for Development District No.1, Subsection 1.4, Statement of Objectives. . Subsection 6.2. Development Proaram. Modified Development Program for Development Subsection 1.1 through 1.15. See Section I, District No.1, Subsection 6.3. Parcels to be Included in Tax Increment Financinq Distr ict No.5. The following parcels located in the City of Stillwater, County of Washington, State of Minnesota: P.I.N. Owner 9033-2360 9033-2115 9033-2120 9033-2140 9033-2356 9033-2357 90.33-2354 Stillwater I.S.D. NO. 834 Robert Brackey Robert Brackey Rose Floral Augustine Bros. Augustine Bros. Mexicale FURTHER INFORMATION REGARDING THE IDENTIFICATION OF THE PARCELS TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. 5 CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. . Subsection 6.4. Parcels in Acauisi t ion. Properties identified for acquisition will be acquired by the City in order 6-1 . to accomplish one or more of the following: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; to eliminate unhealthful, unsafe, and unsanitary structures and conditions; reduce traffic hazards; provide land for needed public streets, utilities, and facilities; remove incompatible land use, eliminate obsolete or detrimental uses; assemble land for redevelopment; carry out clearance and/or redevelopment to accomplish the uses and objectives set forth l'n this plan. The City may acquire and reconvey the parcels identified in Section I, Subsection 1.14 of the Development Program. The following are conditions under which properties not designated to be acquired may be acquired at a future date: ( 1) The City may acquire property by condemnation or direct purchase from order to achieve the objectives of financing plan; and gift, dedication, willing sellers in the tax increment (2) Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. . Subsection 6.5. Development Activity ment Financina District for which Contracts have following contracts have been entered into Stillwater and the persons named below: (As Contracts are entered into with the City of Stillwater, they will be inserted in this Subsection.) in the Tax Incre- been Sianed. The by the City of Subsection 6.6. Other Specific Development Expected to Occur wi thin the Tax Increment Financina DiStr ict. The City anticipates that the following development will occur within Tax Increment Financing District No.5: (1) construction and equipping of an 8l-unit multifamily housing facility; (2) construction and equipping of a 20-unit duplex residential facility; and (3) construction of an auto service center. (As other specific development is expected to occur, it will be inserted into this Subsection.) Subsection 6.7. Estimated Cost of Proiect. See Sub- section 1.5 of the Development Program for estimated costs associ- ated with the Development District. . 6-2 . . . Subsection 6.8. Estimated Amount of Bonded Indebted- ness. It is anticipated that bonded indebtedness may be incurred ln an amount so that $616,000 in net proceeds will be available with respect to thi~ portion of Development District No.1. . Subsection 6.9. Sources of Revenue. Public improvement costs, acquisition costs and other costs outlined in the Estimated C;ost of Project (Subsection 5.7 above) will be financed through the annual collection of tax increments as described below. It is anticipated that the City will retain all tax increment generated from Tax Increment Financing District No. 5 to pay for costs outlined in Subsection 1.5 of the Development Program. Subsection 6.10. original Tax capacity; Estimated Captured Tax Capacity. Pursuant to section 469.177, Subd. 1 of the Tax Increment Financing Act, the original tax capacity for Tax Increment Financing District No. 5 is estimated to be $109,804 for the year 1988 payable 1989, based on the tax capacity of all taxable real property within Tax Increment Financing District No. 5. Pursuant to section 469.177, Subds. 1 and 4, of the Tax Increment Financing Act, the county Auditor of Washington County (the "County Auditor") shall certify in each year the amount by which the original tax capacity has increased or decreased as a resul t in a change in tax-exempt property wi thin Tax Increment Financing District No.5, reduction or enlargement of Tax Increment Financing District No. 5 or changes in connection with previously issued building permits. In any year in which the current tax capacity of Tax Increment Financing District No. 5 declines below the original tax capacity, no tax capacity will be captured and no tax increment will be payable to the city. Pursuant to section 469.175, Subd. 1, and section 469.177, Subd. 2, of the Tax Increment Financing Act, the estimated captured tax capacity in Tax Increment Financing District No. Sat completion, 1991 paayb~e 1992, will be approximately $328,622. This estimated annual captured tax capacity value is determined in the following manner: Estimated Tax Capacity at Completion, 1991/1992 Original Tax Capacity* captured Tax Capacity *Adjusted for inflation. See Exhibit VI-C for the annual adjustment to the original tax capacity of Tax Increment Financing District No.5. $479,200 150,578 $328,622 trict. section defined subsection 6.11. Type of Tax Increment Financing Dis- Tax Increment Financing District No. 5 is, pursuant to 469.174, Subdivision 12, an economic development as below: 6-3 . . "Economic development district" means a type of tax increment financing district which consists of any project, or portions of a project, not meeting the requirements found in the definition of redevelopment district, mined underground space development district or housing district, but which the authority finds to be in the public interest because: ( 1 ) it will discourage commerce, manufacturing from moving their another state: or industry operations of to (2) it will result in increased employment in the municipality; or ( 3) it will result in preservation and enhancement of the tax base of the municipality. Subsection 6.12. Duration of Tax Increment Financina Distr ict No.5. In accordance with Section 469.176 , Subdivision 1, of Tax Increment Financing Act, the City, with this economic development distr ict, may collect tax increment payments over a period of time ending eight (8) years from the date of the receipt of the first increment, or ten (10) years from approval of the tax increment financing plan, whichever is less. .. The City will approve the Tax Increment Financing Plan on June 20, 1989. Therefore one defined termination date after which tax increment income cannot be received will be June - 20, 1999. No current development on properties within Tax Increment Financing District No. 5 will have taken place by January 2, 1990, the date on which the properties wi thin the district were reassessed for tax purposes. The~efore any increase in taxable assessed value over the original assessed value would be caused only by an inflation value on undeveloped properties. Any captured value created by an inflationary value would produce an insignificant tax increment for collection in 1991. The City does not wish to accept any tax increment in 1991 and wishes to pass through any such increment which might be receivable to all other taxing jurisdictions within the district which would collect such increment in the same proportion as before establishment of the district. If the City, through the tax increment district, is not paid any tax increment in 1991, then the first possible receipt would be in May, 1992, from any value captured based on assessor's reevaluation of the property on January 2, 1991. Under the second defined termination ate, eight years from May, 1991 would be May, 2000. . Since the June 20, 1999 limitation is less than the period ending May, 2000, it is assumed in the finance plan that no 6-4 . . tax increments will be received after the final property tax settlement in 1999. Subsection 6.13. Jurisdictions. Estimated Impact on Other Taxing Test No.1: The estimated impact on other taxing jurisdictions assume construction would have occurred without the creation of Tax Increment Financing District No.5. If the construction is a result of tax increment financing, the impact is $0 to other entities. Test No.2: Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the financing would not have occurred without the assistance of the City, the following estimated impact of Tax Increment Financing District No. 5 would be as follows if Test No. 1 (the "but for" test) was not met: IMPACT ON TAX CAPACITY Original* Future Captured District 1988 Total** Tax Tax Tax % of Entity Tax Capacity Capacity Capacity Capacity Entity Washington County $124,572,273 $150,578 $479,200 $328,622 0.264% . Stillwater 11,977,402 150,578 479,200 328,622 2.744 I.D.S #834 41,116,738 150,578 479,200 328,622 0.799 * Adjusted for Inflation ** Before Fiscal Disparities IMPACT ON TAXES . Entity Washington County Stillwater I.S.D. #834 Other (1) 1988/89 Tax Capacity Rate Potential Taxes 20.931 24.016 49.666 5.554 100.167 $68,784 78,922 163,213 18,252 $329,171 (1) Other taxing jurisdictions include AVTI, Metropolitan Mosquito Control District, Metropolitan Council, Metropolitan Transit_commission, HRA, RTB, and Watershed District. Subsection 6. 14. Tax Increment Financing Account for Tax Increment Financing District No.5. The tax increment recei ved with respect to Tax Increment Financing District No. 5 will be segregated by the City in a special account or accounts on its official books and records. 6-5 . . . . Subsection 6.15. Modification of Tax Increment Financ- ina Plan for Tax Increment Financina District No.5. As of June 20, 1989, no modifications to Tax Increment Financing District No. 5 or the Tax Increment Financing Plan therefor have been made. 6-6 . ~ t . t } , ~ ~ '\J q Jt-. ~~ ~~ ,0 lit ~'~ .~ ~ ~ ~ . , EXHIBIT VI-A ,I I I . Tax Increment Financing District No. 5 as established June 20, 1989 t~t;;,r~il;! ;1::; ~:f: !~~~ ~. j CD ~ d Z tr.6 ~ ~ ~ CI> ::~J1 i, ~. . I . :". ~ . e ~ . I ~ ~ I IV ~ ~ tIS " I,' /I;! :11~~ v"O::tf ,;:.iifX\~:.ti! ~ ~ \Q j~ ~ I N ~ ~ .. ~ if :c -1~ w , A ~ ~ ~ ~ ... ) '. , '" ~ -- C ILl ... a: ... c ::r ~ )- W . , iI1 'C '" J aq OIl ~ .... 0 i " ~ .. Z ~, :' :; : : " ;:) ~ i~ ~ ':', 0::: I ~,' , r li ,... '. ,', ~ ;:: .~..... 0') 0( · (If. fl. S to 2 I .. '. ; Q wi </ c w : 0 0 : ~ a: ~ 0( I Q. 0( '1 l- I ~ L -'-0 ; % L; ~ ,~ 1" EXHIBIT VI-C CITY OF STILLWATER, MINNESOTA ~~USTM[NTS TO ORIGINAL TAX CAPACITY ~ INCREMENT FINANCING DISTRICT NO.5 I. Average Percent Increase Determination* Prepared on 16-May-89 by SPRINGSTED Incorporated A. Established Date (Public Hearing) B. Base Year Valuation Date C. Base Year Tax Capacity D. Fifth Preceding Year Valuation Date E. Fifth Preceding Year Tax Capacity F. Five Year Tax Capacity Increase (E - C) G. Five Year Total Tax Capacity Ratio (F I E) H. Five Year Average Increase Ratio (G I 5) I. Annual Base Year Adjustment Factor (1.00 + H) Jun-89 02-Jan-88 $109,804 02-Jan-83 $70,646 $39,158 0.5543 0.1109 1.111 * According to September 24, 1982 Department of Revenue memo to County Auditors. II. Adjustment Calculations for Original Tax Capacity (OTC) Base . Year Adjustment Factor Adjusted OTe 109,804 121,992 135,533 150,578 167,292 185,861 206,492 229,412 254,877 283,168 314,600 III. Tax Capacity I Tax Increment Calculations (Assumes Adjustment to Original Tax Capacity) Projected Captured Te Base . OTe 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 109,804 109,804 121,992 135,533 150,578 167,292 185,861 206,492 229,412 254,877 283,168 1.000 1.111 1.111 1.111 1.111 1.111 1.111 1.111 l.111 1.111 1.111 Assess Adjusted Year OTe Projected TC 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 109,804 121,992 135,533 150,578 .167,292 185,861 206,492 229,412 254,877 283,168 314,600 121,992 135,533 479,200 479,200 479,200 479,200 479,200 479,200 479,200 479,200 (0) {OJ 328,622 311,908 293,339 272,708 249,788 224,323 196,032 164,600 Assumed TC Rate 100.167 100.167 100.167 100.167 100.167 100.167 100.167 100.167 100.167 100.167 Projected Collection Increment Year (0) {OJ 329,171 312,429 293,829 273,164 250,205 224,698 196,359 164,875 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 . . . illwater "~ --- - ~ TH::-IRTHPLACE OF MINNESOTA i) May 18, 1989 Chair John Jergens and County Board Members Washington County Courthouse 14900 - 61st street North Stillwater, Minnesota 55082 Attention: Charles Swanson, Administrator RE: The proposed modif ication of the Development Program for Development District No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through 4, located therein, of the City of Stillwater. Dear Chair Jergens and Board Members: Enclosed please find one copy of the proposed modification of the Development Program for Development District No. 1 and the Tax Increment Financing Plans for Tax Increment Financing District No, 1 through 4 within Development District No. 1, and the establishment of Tax Increment Financing District No. 5 within Development District No, 1 and the adoption of the Tax Increment Financing Plan relating thereto to be considered by the City Council of the City of Stillwater at a hearing to be held at approximately 7:00 p.m. on June 20, 1989 at City Hall. The Minnesota Tax Increment Financing Act at Section 469.175, Subd. 4, required that prior to the adoption of a new tax increment financing plan and certain modification s to an existing tax increment financing plan, the City must provide an opportunity to the members of any school district in wtiichany portion of the tax increment financing district is located to meet with the City to review the fiscal and economic implications of the proposed modification. The City proposed to modify the Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through 4, to reflect increased project costs within and an enlargement of Development District No. 1 and to establish a new Tax Increment Financing District No.5. The two areas of particular interest to the Board of Education are Subsection 1.5 , entitled "Estimated Public Costs and Supportive Data" of the Development Program at page 1-10, which lists additional public improvement costs of City activities in Tax Increment Financing District No, 1 and Subsection 6.13 on page 6-5, entitled "Estimated Impact on Other Taxing Jurisdictions." CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 Chair John Jergens and Cou ty Board Members Page 2 May 18, 1989 . We invite you to attend the ublic hearing to be held by the City Council on June 20, 1989, beginning at app oximately 7:00 p.m., or to direct any comments or questions you may have to y office. Thank you for your conside SR/smc Enclosure reviewing the enclosed proposal. teve Russell Community Development Director . . . . . illwater -- ~ -~ THE BIRTHPLACE OF MINNESOTA J May 18, 1989 Chair Roland Buchman and School Board Members Independent School District No. 834 1875 South Greeley Street Stillwater, Minnesota 55082 Attention: Superintendent of Schools David Wettergren RE: The proposed modification of the Development Program for Development District No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through 4, located therein; and the establishment of Tax Increment Financing District No. ~ within Development District No. 1 and the adoption of the Tax Increment Financing Plan relating thereto of the City of Stillwater. Dear Chair Roland Buchman and School Board Members: Enclosed please find one copy of the proposed modification of tl}e Development Program for Development District No.1 and the Tax Increment Financing Plans for Tax Increment Financing District No. 1 through 4 within Development District No. 1, and the establishment of Tax Increment Financing District No. 5 within Development District No. 1 and the adoption of the Tax Increment Financing Plan relating thereto to be considered by the City Council of the City of Stillwater at a hearing to be held at approximately 7:00 p.m. on June 20, 1989 at City Hall. The Minnesota Tax Increment Financing Act at Section 469.175, Subd. 4, required that prior to the adoption of a new tax increment financing plan and certain modification s to an existing tax increment financing plan, the City must provide an opportunity to the members of any school district in which any portion of the tax increment financing district is located to meet with the City to review the fiscal and economic implications of the proposed modification. The City proposed to modify the Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through 4, to reflect increased project costs within and an enlargement of Development District No. 1 and to establish a new Tax Increment Financing District No.5, The two areas of particular interest to the Board of Education are Subsection 1.5 , entitled "Estimated Public Costs and Supportive Datall of the Development Program at page 1-10, which lists additional public improvement costs of City activities in Tax Increment Financing District No.1 and Subsection 6.13 on page 6-5, entitled lIEstimated Impact on Other Taxing Jurisdictions." CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 Chair Roland Buchman and Sc 001 Board Members Page 2 May 18, 1989 We invite you to attend the ublic hearing to be held by the City Council on June 20, 1989, beginning at app oximately 7:00 p.m., or to direct any comments or questions you may have to office. Thank you for your consider tion in reviewing the enclosed proposal. SR/smc Enclosure Sincerely, &s~~ Community Development Director . '.';, . . TO: FROM: ~illiY~te~ "::m~if., .,,""~ I I I MAYOR AND CITY COUNCIL I I I STEVE RUSSELL, COMMUNI~Y DEVELOPMENT DIRECTOR . DATE: I JUNE 13, 1989 I I i SUBJECT: REVIEW OF PARKING REQU~REMENTS FOR CONVERSION OF SNYDER DRUG TO OFFICE SPACE. ~CASE NO. PR/89-36) A letter from CUB Foods was re~iewed by the City Council June 6, 1989. As a result of that rev~ew, additional information and clarification was requested. ! I i I The request is to convert a previous retail use into office space and approximately 1,000 square feet oif retai 1 use. The reason for thi s review is to consider the parkiing requirements for the new use. Officeparking demand is usually l~ss than retai 1 demand, so the net change in parking will probably b~ less. I The letter requesting City apP10val of the change of use indicates that CUB Foods would like to use ~he spaces West of Lowell Park for employee parking. This area is I currently metered and as proposed in the Downtown Parking Management Plan, there will be four hour spaces set aside for visitor and custo~er parking. Employee parking-will be set aside West of Main and North ~f Myrtle Street. This may require CUB employees to walk for two blofks from parking location to work. I , CUB mentioned joint use of their parking spaces North of Chestnut. This is a good idea and should b~ implemented through signage this summer. . RECOMMENDATION: j. Approval with co~dition. I 1. No specific City parkijng lot spaces shall be set aside for CUB employees. I ATTACHMENT-: Letter of May 30, 19f9. I I I . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 r illwater ,,~ - - ~ ~ -~ THE BIRTHPLACE OF MINNESOTA J . TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 19, 1989 SUBJECT: MYRTLE AND SECOND STREET PARKING IMPROVEMENTS BACKGROUND: A public hearing was held by the City Council May 23, 1989 to receive comments from property and business owners along Second Street between Myrtle and Mulberry, to review the parking situation in that area. As a result of the meeting, Staff was directed to report back with parking iot design, cost and financing information for three parking lot locations; between the Lowell Inn and Rivertown Commons, North Second Street lot, on the corner of Mulberry and Second Streets, and across from Staples Mill north of the old lumber yard, North Main Street lot. . DESCRIPTION OF PARKING LOT: The North Second Street lot is located between the Lowell Inn and Rivertown - Commons. The site is currently used for parking. The south portion of the site is paved and the north has a paved and gravel surface. Parking spaces are not marked so that, depending on parking configuration, 60-70 cars can be parked in the area. Two parking lot designs have been developed for the 120x230 foot site. (See map #1.) The first configuration provides for two-way through traffic movement. 73 improved spaces are provided. A second alternative does not provide for circulation from isle to isle. Using this parking pattern, 81 spaces are provided. If the existing garage remains, six parking spaces are lost. The south 94 foot end of the lot is owned by the Lowell Inn and the north 141 feet is owned by the City. It is suggested the City purchase approximately 31 feet of Lowell Inn property. By purchasing the 31 feet, this would clearly define what is Lowell Inn, what is public and allow the existing businessess to control the loading area and 20-24 parking spaces immediately adjacent to the Inn. The net increase in parking spaces would be 10 to 20 spaces for the entire area. A rough estimate of cost for improving the lot (curbs, gutters, parking, and minimum landscaping) is $42,000. This does not include land purchase estimated at $15,000. Several funding sources are available, including Tax Increment Financing, Parking Improvement District proceeds, or parking revenues from the installation of parking meters. . CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121 1 . . . J"he Mul berry-Second Street site currently contains an unimproved parki ng area err the eastern portion of the lot and sloped area up to Second Street on the . west side. A single family residence is located on the northwest corner of the site. The residence would need to be removed and a retaining wall constructed to make use of the sack portion of the lot. The Downtown Plan calls for combining the parking areas behind the Main Street building with this area to maximize the use of the site. The dotted line on map #2 shows the land ownership pattern. Lots A and B are vacant lots. D and C have existing businesses on them. The parking lot design shows 62 spaces. This number could be increased by 5 to 10 spaces by developing the area shown as existing building. The estimated cost for improving the parking lot is $37,000. Again this includes paving, curb and gutter, drainage and minimum landscaping. Lighting would be an additional cost. Total land costs for the project are not available at this time. The owner of site "A" has indicated a willingness to sell or 1 ease the 1 and to the City. The owner of site "B" has offered to sell the property to the City. An agreement would have to be entered into with the owners of lots C and D to coordinate construction and provide access from. Mulberry Street. . The North Main Street site is currently owned by the developer of the Arrow Building site. The plans for the recently approved three level office building included an optional parking plan for the north portion of the lot. Map #3 shows the optional plan for the lot. 87 spaces can be accommodated in the area. The cost of paving would be $51,000. Additional cost for lighting and landscaping would be required to be consistent with the Main Street Streetscape Plan. The owner of the site indicated he would be willing to consider selling the property to the City or leasing the property to the City or adjacent property owners for a parking lot. The availability of this lot will depend on the timing for construction of the office building. All three parking lot sites were identified in the Downtown Plan. The Myrtle and Second Street lot and the Mulberry Street lot are designated for parking lots or structures. Purchasing the sites will be a big step in solving parking problems in the North Main Street area and North Second Street area. As time passes, the parking situation will become worse and land for parking will be more difficult to acquire. RECOMMENDATION Direct Staff to: 1. Negotiate purchase of land for North Second Street lot and Mulberry Street lot. 2. Direct Staff to meet with adjacent property owners to discuss cooperative arrangement for improving Mulberry Street lot. 3. Revi ew specifi c funding sources and come back to the City Council with funding recommendation. 4. Follow development of Main Street lot and encourage property owners to work together to provide parking for the area. 2 .',,-,~-,' . . d ...0 :) ~ A '- ~ @ '.-,,,,,,'" (9 --, I \,) (li) o . "I) J,t'I" :-" ,;-,,_.., _."..',,-=.. ....;.c........~ J>M~ S"~ t "'Z. Y-(~-IO) . ~-., , I ~ ~ 2 net _ J- MuID.t.r~~ ~jt2. {A<o/9 CYOTINj 5fJtA. u.A 2. 5"-::So .~ '" ._, ~-~-< "'"."V"",,".-,__,~~~~~:,:;_,~j,~..~=.'t<;,4~~-';<';':~~'i~ .;..",,,:';~~-~:~',o;~~:4;:C:~:~~'-,B...,.~,-~~'":"6~~~!C~;_.... . '-- ""I' .", t<..U'''''\';;'' ...;:......,..... A (3 -s ptU.ul <J '? ?-o "'~ ').... ?-Co 1 ~ 13 10 10 roll'/- '7'; gl k ","\,,,, "\.1 __ _ __J L~I ~.'I ~ , ," -.~ -;', t - - I ! . I , i c H - - ~ ) Q -1 'i . - .. I( ~~ --~ .~ .:. :'. e-~I""\I'~ ~ '? 10 \2- 1'Z-- ("I.- \1- J- Goo _'71 ,^A~ '13 sl'Q.U/;) - o.llowi~"J.(J., 2.~ ~ of);. ~ (~' -i+ SO....~ nut. ,.,.~) (8') Sp~. no!- ollow,,,,, for;'- _I ..J...o.",.Q - pol.m~.o ee. + 4 i~ ..1Iau...., ~ ~'\,~ 0JU0 '~.../.4 ~r""l ~ Comlll""" c",,"-s,oy\> Sco.!1ll : '": 2.0' !j't 1M- IO,~.' J...r q "'-'1'1' - ~'~'~~~~'- - - ~ 'I I '/ I :~ - - - -I -. __I I.... I 3 I 'J( 31~ "..".;;-:....,,'--.:~.f",. ..~. ;'.:; .... . ~\..:.~'r''-.:..,.- I I I 1,1 - I I- . . - - . I - - - - -I I I I I l- ,.) I 24' -I .-.-l 2.'2./(11_) ! PO I I' '-Iry ,Pl'fJ(I '2.1'\~ A,V04. 4f!>II1.~1 .,....& .....,,-~- -- '-.- I') (Io~) ..-I#~ "..,...,. .:lnd St. '~w.w Comm......- S """ spo.=> (2~ n.io( - ~ "IS aGlct..>,q 4-5 1'T101./L ~1 ~ -NJ4 -h.vvn0ll"t inpao.tA ------- ',' ,;. ..;,')' ~ ':. ,~,~:.. :....< . 'h _'!'"..... O' .._- -~ ..~ '^'~""~cc:s,_~'i! ,,:_.,:.,"Jr~.;;r..,.,... ~.~:f~~ .~. _' . .'''.__i''''''<'' .""",~~.,.,.. . ,..-.,;{_ ~ i1lwater ~ v' F' ...,... DAVID MAWHORTER .UBLlC SAFETY DIRECTOR EMERGENCY TELEPHONE; 911 STILLWATER POLICE DEPARTMENT ~, To: Chief Mawhorter From:~gt. Klosowsky Date: 6-14-89 Subjec t: License Investigati on Re: the license application for an On-Sale Non-Intoxicating Malt Liquor permit for Pierre's Inc. operating the restaurant, IIA Little Lunch~, at 108 N. Main St., Stillwater. Applicant Bonnie Jean Swanson, DOB PO Box 199, , Marine on St. Croix, Mn. 55047; 433-5112, bus.439-9144. . The above subject has a clear criminal record; clear local records; has a valid drivers license with an address of PO Box 335, Grand Marais, Minn. 55604. The restaurant has a seating capacity of approx. 20 people and serves food on premises and for take out. I visited the premises and spoke to the applicant. She has employees over age 18 and under age 18. She assured me that alcohol will only be served by those 18 and over. The business appeared to be a well managed operation. I would reco- mend that the license be granted. ~L ~ ~(,l}IA~ . 212 North Fourth Street, Stillwater, Minnesota 55082 Phone: 612-439-1314 or 612-439-1336 , .. y . . . 1 EXHIBIT "A" Under penalty of perjury, each appears below certifies that: person whose signature f;'€ r...e'j Ii-'tc-. /j#ir 7/9~:::- f ,;'.utt,~/9- ~.~.j( I.., 1 . Full name of applicant 2. Birthdate of applicant (if individual) 3. If Corporation: A. Date of Incorporation: B. List officers and titles // L c. List directors G::!...... ~ D. List stockholders '"g Co"" V\ ~ ~ j. S"w a '^ S d V'. 4. List all persons or entities with either a direct or indirect interest in the applicant or the applicant's business to be conducted under the license for which this application is made, and describe their interest in detail ~c) ~ Y\ ~~ J, ~ w a '-1 S() '" A. Address.es: I B. Assumed or Trade Names, if any A A./f7/{J___ hb/?t"'h ~.?<?-- q.l~~ %~t- ,57~~~ C. Business telephone number D. Horne telephone numbers 5. Has any person named in the application ever been convicted of a felony? If the answer is yes, set forth the offense, date and county of conviction. ~p 6. Applicant agrees that any manager employed in the licensed premises will have all qualifications of a licensee and that the manager will not violate any city or state laws. Dated: ~f1{/ &~~;; ,A~c?1%Qf/t'/ , 19 ? Subscribed and Sworn to before me this &, z:.ct:- day of ~A~ 19 ii:!1. p~. f J~i!;1 .'7'-- .A .-V'--?--I ~Notary Public .. @ NILE L KRIESEL ,. JJ. NOTARYPUBUC-MINNESOTA WASHINGTON COUNTY My CommIIIIon Expll.. Oct,15, 1990 . -.- +6 ~~ b~0 -J1 ;( Form No. 235-Applicatian for Retail License to Sell Nan.intoxicating Malt Liquors "ON" Premises, (Rev. 5,13-81) Miller-Davis Co,. Minneapolis RETAIL "ON SALE" ~tate of .minnesota,} e ' COUXTY OF......IV..,~..~..4.!.~,~,?,i.,~..,~............ ......,...,.,.......,....................,.......,...........,.,OF.......,~.~,(i..~..:!..,t.~,r......... To the.. .4.~.:i.y.",..( ~~, .h,~ ,/.1...."...,.,.,. ,of the,:., ...g, ...,~.f/....,.... ........of.....$.,t.,~~!.!.':<!.,~t.f,r:..... .."...."..,...........,..,.. ....."..., ......'....'... ...... '..........,.., ..'.....,..... . State of Minnesota: fl..~r.r:f.~,;Tk..~,J...a.....i1.1.!:!:!":!..~..f.d.~...(p.r.e..~..c..~:~...,~"~"""""'--"""'Z"""""""""""""""" hereby apPl.re.5.for a license for the term of...................~~..fj,::........b..~..I!l.#1...~..~,......'?...E...y,~.~..~.....,................. from tMA:'Eilo;;]~~~:~:fu;::;~~I;t::;~:...._... 10.?y... to <ell as the same are defined by law, for consumption "OX" tlw.se certain ~remises in the........e.../,fy............. ,.............,. ... ."...,..,..,............,........,.. ,.., ,....,....,... ....... ............,...,........., ",......,........of ....,....,.......,;;;"f:.!.I{~.fI..t.,e..t:':.....,.............. .........,................."....... descrWed as follows, to-wit :.. ,........ ..,..,..".,.."..,.,..,.....,.,.,............,.......,..",........,..,.................,..........,.,..,.......,.........,..................,.............,... .,......... '(11 A. ;1:'1:/ e. . ",~~~" ,( I O?J ;U . ~PL.~.,' 1-\ ) t- ~ at which place said appUcant......operate......t"M btuiM88 ol............~..?.,f~~......=..,d..,~..//..:::.....,~.~..~,~..~.t............., ......"...,..............(..~..I,(,::f..J..,.................~.~,...&......L..;,.{i./~......,b.~..~.~..4...:.~.........................................,...............................,.....,....... and to that end represent..... and state......as follows: That said applicant..)1..p.?f./.~~..d....br....~...........citizen.........of the United States; of tood moral character and repute; and ha...~~....attained the ade of ~1 years; that.J3.~.Y.!..rt..!:~...l.?~.~,~?:,:'?,~~....l.,'>.....proprietor....,....of th8 establishment for which the license will be issued if this application is granted, That 7W manufacturer of such 7Wn-intoxicating malt liquors has any ownership, in, wlwle or in part, in said business 01 8aid applicant......or any intere8t therein; That 8aid appltcant......make......thiB application pursuant and subject to all tM laws of tM State 01 .Minnesota and the ordinances and retulation..s of said....,......,........;;"f..f.~ll.!..I...;Lt...r...r.:..........,...................................,..... applicable thereto, which are hereby made a part hereof, and hereby atree-......to observe and obey th8 same; .............................................................................................................................................u......................................................... ....................................................... (Here state other nqulrementa, if &07, of local relrUlatlona) ~~~~~1 -p )/LLo, ~'::J,6, {(; . '1,:' A v, :'0.. J; ~ JUN 1989 c.::, n "'J PAli.r R.~ . " ~ ,^"~"'fl!;/Il cP CflY OF ST.w . . C'-' Sflu..wA~l::9, o UfM'I. ' ~~, l!:ach applicant further states that --.he is not now the holder of, nor has --.he made application for, n~Cdd~s._~e intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor, F;'erre IS ) ThC. DaUd........f.,~.._'L.___.._..._. 19.1J hi.;<.~4.~..4~................ -.....-..................-.....-...-..................-................--............................................... Applicant...... P. O. AddN!8s..._.........B..~X......I...f...?..................................,........... JJ.1.~.r...1..~..~,.:,..~H..::.~f...~.lf:.9..~..f..,!!!..A;!...,~~-:~..r 7 . Otil~ate~ . " ;,:" " H'" " "'" so ~ TO: FROM: DATE: MAYOR AND CITY COUNCIL STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR JUNE 13, 1989 SUBJECT: DRAFT TIF POLICY. . The enclosed Tax Increment Policy is developed to help guide the City in its use of Tax Increment Financing. The policy includes goals and objectives, establishes program requirements, sets an application and review procedure, lists eligible activities and describes the City's approach to providing Tax Increment Assistance. It is suggested that the City Council set a workshop meeting date to discuss the policy to become familiar with its various aspects before est~blishing a policy. ATTACHMENT: Stillwater Tax Increment Financing Policy. . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 . . . CITY OF STILLWATER iAX INCREMENT FINANCE POLICY PURPOSE: The purpose of this policy is to describe the City.s goals and objectives for the use of Tax Increment Financing assistance and to establish a review process for Tax Increment Financing proposals including requir~nents, 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 red,evelopment, of existing and new commercial, industrial and residential areas, to increase jobs, to 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 for City residents. 4. Eliminate blighting and substandard conditions that impede the development potential and economic health of the Downtown Area. 5. Preserve historically significant structure for 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. 1 . 8. Retain and attract stable industries which provide significant employment and tax base. 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 or write down land costs. FUNDING APPROACH The preferred method of providing assistance for private projects is the "pay as you go" approach and the loan approach. "Pay as you go" does not involve the issuance of bonds, and thus limits the City's financial exposure in these uncertain times of State enabling legislation. The loan approach involves the sale of tax exempt bonds, and loaning the proceeds to the developer which, in turn comes back to the City with interest. 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 benefit to the community, will "up front" assistance be considered. A combination of assistance techniques may be appropriate in some situations. 2 . The following TIF allocation criteria will be used; (1) A minimum of 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 years of assistance) (3) Other commercial office or service business may receive two and one half years of "pay as you go" assistance (50% of TIF proceeds for five years) for land write down or special assessment reductions. 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 shall sign a "but for" letter showing the need for the public assistance and that, but for the assistance the project would not go forward or would locate in a different area. . 2. All projects requesting tax increment assistance shall be of the highest quality of design including brick or masonry materials exhibiting a dist~nctive non-generic style, extensive landscaping, underground irrigation system, screened service and utility areas and subdued exterior lighting and signage. 3. The valuation of built improvements for the proposed project shall be at least $600,000 and offer at least four hundred hours per week of employment opportunity. 4. All proposals shall be located in the Development District, Tax Increment Financing Districts 1-5. 5. Construction for all assisted proposals must start within one year of planning permit approval and be completed within two years. (For extra- ordinary reasons, this may be extended by the City Council.) . 3 . 6. Assisted sites shall not be land banked for future use but developed at the time of assistance. 7. 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% of the available leased space.) 8. TIF assistance will not be used in projects that involve excess lands and/or higher than market property price. 9. The developer shall retain ownership of the project at least one year from the date of completion to stabilize occupancy, establish project management and begin repayment of TIF. 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 generate sufficient increment to cover debt service. 4. To require developers to provide full disclosure of project financial and market information so that the City may assess the need for and type of public assistance. 5. To provide the greatest security possible to protect the City's investment in the project. 6. 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. 4 ~ 7. To assist only projects that will not result in significant negative environment impacts on the City. 8. TIF assistance will not be used to give a competitive financial advantage over similar projects in the area due to tax increment assistance. REVIEW CRITERIA 1. Projects shall leverage the maximum private investment possible. Generally, they should achieve a 6-8 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 should be able to demonstrate past successful general development capability as well as specific capability in the type and size of development proposed. 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 5 . . . 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. PROCEDURE The following is a process that lists the steps used by the City of Stillwater to review TIF assistance requests. 1. A written request shall be submitted to the Community Development Director's office along with the attached Tax Increment Finances pre-application, preliminary agreement and deposit. 2. The request will be reviewed jnternally by Staff. Staff will address completeness of pre-application and generally evaluate the project using the TIF requirements and review criteria. 3. The application shall be placed on the City Council agenda. The developer shall make a formal presentation. The Staff report shall be presented. 4. If the City Council preliminary review is positive, a full application shall be filed. A complete analysis of the project will begin. 5. Concurrent with Staff project review and analysis, the developer shall begin City planning permit review. 6. Upon completion of the Staff's review and analysis and the Planning Commission planning permit recommendation, the reports shall be forwarded to the City Council for decision. 7. 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 6 . . . District. All public hearings, zoning, environmental review requirements, and other normal municipal procedures shall be met. 8. 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 parti ci pati on agreement as appropri ate 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. 7 . ' . .. . CITY OF STILLWATER PRE-APPLICATION TAX INCREMENT FINANCING ASSISTANCE Legal name of applicant: Address: Telephone number: Name of contact person: REQUESTED INFORMATION Addendums shall be attached hereto sddressing 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. SIGNATURE Applicant's signature Date .. 1 t . . . . 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 proposal that the City issue tax increment bonds pursuant to Minnesota Statutes, Chapter 472A and Sections 273.71 through 273.78, as amended, in connection with a project to be undertaken by the Developer within the City (collectively, the "Act"). (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 , 1989. day of DEVELOPER: CITY OF STILLWATER Wallace Abrahamson, Mayor . OtiJ~ate~ . ";";"""",,, ""ESO~ TO: FROM: DATE: MAYOR AND CITY COUNCIL STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR JUNE 13, 1989 SUBJECT: APPLICATION FOR PARKS AND RECREATION GRANT TO PURCHASE MULBERRY POINT. . A preapplication was submitted to the State Department of Community Development for consideration of a Lawcon grant to assist in purchase of Mulberry Point. After meeting with State officials, it appears as though the project has a good chance of funding. The grant is a 50/50 match up to $200,000 State share. In order to file a final application, a plan and appraisal for the site is needed. It is estimated that the cost of the appraisal would be about $1,500.00. . RECOMMENDATION: Authorize Staff to obtain appraisal for Mulberry Point property. . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 . TO: FROM: DATE: SUBJECT: ~illwate~ ";;',,",u,, OF .""so~ MAYOR AND CITY COUNCIL PLANNING COMMISSION JUNE 14, 1989 DOWNTOWN PARKING At their meeting of June 12, 1989, the Planning Commission passed a motion recommending that the Ci ty Counci 1 pass an ordinance prohibiting parking on the green landscaped areas in the Downtown and instruct the Police Department to enforce the prohibition. The car parking is killing the grass and compacting the soil around the trees which will eventually kill the trees detracting from the appearance of the area. . . CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 .. . LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 8092 . Action Rental Ameridata Arrow Bldg. Center A T & T A T & T A T & T Bliss Plumbing & Heating Bd. of Water Commissioners Bryan Rock Products Business Equipment Brokerage Capitol Electronics, Inc. Century Power Equipment Chapin Publishing Company Coordinated Business Systems Copy Duplicating Products Del's Sales and Service Department Labor & Industry DuBois Chemical Gagnon printing G B Blacktopping Glass Service Company Goodwill Industries Greeder Electric Company G & K Services Gun and Smith Hardware Hank Holmes and Graven I. B. M. corporation Junker Sanitation Services Kriesel, Nile L. Labor Relations League of Minnesota cities League of Minnesota Cities - Insurance Trust Linner Electric Magnuson/Dieperink Mackall, Crounse & Moore Mautz Paint Company McGladrey and Pullen M. C. F. O. A. Metropolitan Waste Control Commission 3 M McGarry - Kearney Agency M. J. Raleigh Trucking Motorola, Inc. . Concrete $ Software Stakes Long Distance Calls Lease/Rental Leased Equipment Check ValveS-Cunningham Replace Hydrant Limerock Office Supplies 3 Radios/Repairs Cha in Saw Oi 1 Advertise for BidS-Myrtle Service Agreement Coupon Book/Developer Pulley-Rew ind Boiler Inspection Degreaser Report Covers & Backs Patch Parking Lot Replace 3 Windshields May Expenses Repair Lift Station Uniform Rental Gun Cleaning Supplies Supplies Services-Inc. Star Mte. 36,printer,Stations Dumpster/Lift Stations Expenses Police Arbitration Conference-Farrell/Blazek Workers Compo 18 Plugs Legal Services Inc. Star panit-Garage 1988 Audit Membership-Mary L~Johnson Sewer Service Charges Letters-Street Signs Boiler, Machinery policy Black Dirt/Sand Service Agreement 964 .50 499.00 2 9. 04 69.88 113.70 41.04 701.93 1,442.50 566.06 92 . 21 2 , 093 . 83 11.90 41.40 2 50 . 78 424.00 15.90 160.00 384.10 44.57 300.00 333.88 552.17 364..00 696.61 30.75 502.03 2,731.60 153.00 385.00 34 . 94 160.85 40.00 26,458.50 198.15 7,070.53 7 , 0 97 . 11 71. 13 2,370.00 25.00 61,403 .63 208.90 5,509.00 1,407.00 157.80 Nardini Fire Equipme t North Star Turf N. W. Tire & Battery One Hour Express pho 0 precision Business S stems Public Safety Equipm nt Radio Shack Russell, Stephen Safety-Kleen Corp. St. Croix Animal She ter St. Croix Car Wash St. Croix Cleaners St. Croix Outfitters St. Croix Valley Cli ic Short, Elliott, Hend ickson Snyder Bros. Stafford, R. H. Wash ngton County Treasurer Stillwater Area C of C Stillwater Book & St tionery Stillwater Gazette Stillwater Photo Stillwater Sign Comp Stillwater Septic & T. A. Schifsky& Son Texgas Thompson Hardware Co pany United Bldg. Center U. S. West Communica ions Valley Auto Supply Viking Office produc s Wahl & Wahl, Inc. Warning Lites of Min esota Watson, Dennis ~'\7e iser, Robert Yocum Oil Company ADDENDUM TO BILLS American National Beberg, Byrdie Blazek, Diane Eichten Service & Re Glacier Park Company Hance Office Machine Hoffman Refrigeratio Mn. Conway Fire & Sa ety Mn. Correctional Fac lity Inspect Extinguishers 2 Grinding Wheels Align Front End (2) Film Processing Mte. Dictation Equipment Calibration-5 Radar units 2 Phone Cords Expenses Agreement-Parts Washer May Charges Wash 10 Squads Laundry-Fire Dept. Rain Suit Exam-Kress, Crimmins Engineering Film Map Meeting-Kriesel, Opheim Supplies Publications Film processing Lettering Fire- .~ruck Clean Storm Sewer Blacktop Truck Charge Supplies Material-Barricades Charges Auto Parts Ribbons Mte. Agreement Barricade Lites Programming Bakery Goods Fuel Oil/Gasoline .. 32.50 4 1. 84 53.00 16.64 130.00 100.00 13 . 90 68.25 82.00 560.00 37.50 45.80 17.99 106.00 16,446.53 3 9 . 96 . 2.50 16.00 230.77 934.50 2.99 180.00 195.00 426.93 25.00 482.52 163.37 540.76 743.43 47.59 1,059.84 40.90 180.00 9.00 1,646.02 .- paying Agent Fees 50.00 Typing-Police 102.50 parking 10.00 Remove 3 Beavers 90.00 Parking Lot Lease 360.00 Service contract-Typewriters265.00 A/C Police Dept. 92.00 32 Jump Suites 2,972.60 Envelopes Printed 26.20 . . .- . Palen/Kimball Company Peterson, Craig Roettger, David Schoen, Marc Sherin, John Stepp Manufacturing Stevensen, James stillwater Area C of C Stillwater Bakery Uniforms Unlimited t'lMI Services Wear Guard A/e Repairs Meal Meal Mileage Expenses-Conference Tar Kettle Expenses-Conference Luncheon-Russell/Terwedo Supplies Uniforms/Siren Control Rental Uniforms-Fire Adopted by the council this 20th day of June, 1989. APPROVED FOR PAYMENT 656.71 6.33 6.33 24.00 127.01 9,500.00 223.82 20.00 9.00 1,021.30 195.00 200.68 . . .. APPLICATIONS - June 20, 1989 Aqua Mates 330 So. Knowles Ave. New Richmond, Wi 54017 Steven Carlson 348 So. 4th St. Bayport, Mn. 55003 Central Roofing Co. 4550 Main St. N.E. Fridley, Mn. 55421 Great Lakes Products, Inc. 3704 Snelling Ave. So. Minneapolis, Mn. 55406 Mill-Wood Design & Construction 1610 Jefferson Ave. So. St. Paul, Mn. 55105 Thommes & Thomas Landscaping & Tree Service 8844 No. 122nd St. Hugo J Mn. 55038 Venus Sign Co., Inc. 14409 Jonquil St. N.W. Andover, Mn. 55304 CONTRACTORS Swimmi ng Pool Install Renewa 1 General Contractor Renewal Roofing New General Contractor New General Contractor New Tree Trimmers Renewa 1 General Contractor New ^ ". .., ~SrATE OF MINNESOTA COUNTY OF WASHINGTON DISTRICT COURT TENTH JUDICIAL DISTRICT . ------------------------------------------ Vacil Kalinoff, Plaintiff, vs. SUM~~ONS City of Stillwater, Minnesota, A Municipal Corporation, Defendant. The State of Minnesota to the Above-Named Defendant: You are hereby summoned and required to serve upon plaintiff's attorney an answer to the complaint which is herewith served upon you within 20 days after service of this summons upon you, exclusive of the day of service, If you fail to do so judgment by default will be taken against you for the relief demanded . in the complaint. The object of this action is .10 the recovery of money damages/). / Signed: ~ t, /K aM_A/~ Albert E. Ranum 'Attorney for Plaintiff 104 North Main Street Stillwater, Minneosta 55082 Phone: (612) 439-4143 Attorney Number: 89552 . ~\ " ~ \\.,,~ ~ \lY V\ ~. STATE OF MINNESOTA DISTRICT COURT TENTH JUDICIAL DISTRICT COUNTY OF WASHINGTON CASE INDEX # 7 Vacil Kalinoff, Plaintiff, vs, City of Stillwater, Minnesota A Municipal Corporation, Defendant, CO~~PLAINT The plaintiff for his omplaint against the defendant herein states and alleges as follows: I. At the times herein me tioned, defendant City of Stillwater was and still . ~ is a municipal corporation du y organized and existing under the laws of the State of Minnesota, and the a Myrtle Street is, and amendatory thereof and supplementary thereto, II. times herein mentioned was public street and highway of the City of Stillw ter, Minnesota, with concrete sidewalks that abutt both sides of said street, an said sidewalks thereof were in constant use by many persons, On February 9, 1988, a I I I. allowed snow and ice to accum late and remain on the sidewalk on the North side days prior thereto, defendant negligently of said street, in front of t e premises known as 320 West Myrtle Street; said accumulation of snow and ice and slippery, so as to be ext emely dangerous to persons walking on said sidewalk, knowledge of defendant, uneven, round ~ ... " .a . . . /' , IV. On February 9, 1988, plaintiff, while walking on said sidewalk in front . of the premises known as 320 West Myrtle Street, slipped on said accumulation of ice by reason of its said-condition and fell and was thereby severely and perma- nently injured in body and mind so that he became sick, sore and disabled, and suffered and permanently suffers great bodily and mental pain; among the injuries so caused, his right shoulder was dislocated and his back and right arm were permanently injured. By reason of said injuries, plaintiff has ever sinc~ been, and will permanently be incapacitated and prevented from carrying on his business as a lawyer, He has necessarily incurred and expended large expense for medical attendance, nursing, hospital fess and medicines in endeavoring to be cured of said injuries and will hereafter necessarily incurr large expense for such purpose, and he has been prevented from carrying on his practice of law, and has suffered loss of earningsy all to his damage in excess of $50,000,00, .<. V, . On June 16y 1938, and within 180 days after receiving the injuries and losses herein alleged, the plaintiff duly caused to be presented to the council of the defendant City, a written notice and claim, stating the time when and the place where the injury and loss occured, the circumstances thereof, and the amount of compensation demanded by the plaintiff from the defendant for such in- jury and loss, in compliance with Minnesota Statutes section 466.05, Wherefore plaintiff demands judgment for damages in an amount greater than $50.000,00, together with costs and disbursements herein, JJ!/uJ r; - R ~/ Albert E. Ranum Attorney for Plaintiff 104 North Main Street Stillwater, Minnesota 55082 Phone: (612) 439-4143 Attorney Number: 39552 . -2- ACKNOWLEDGEMENT The plaintiff, Vacil K linoff, acknowledges that per M.S. 549.21 the asserted in bad faith Court may award to the party gainst whom these pleadings are directed, reason- able attorney's fees, sts and disbursements, if this claim has been ut a good Dated this ~ day of Jun , 1939, .10 f=aa~~~An I !{ ~~~ Albert E. Ranum Attorney for Plaintiff, Vacil Kalinoff 104 North Main Street Stillwater, Minnesota 55082 Phone: (612) 439-4143 Attorney Number: 89552 .x .. .) ",,- . . . . CO~NTY OF WASHINGTON 4' Vacil Kalinoff, Plaintiff, vs. City of Stillwater, Minnesota, A Municipal Corporation, Defendant. TENTH JUDICIAL DISTRICT SUt'1r~ONS -------------------------------------------- The State of Minnesota to the Above-Named Defendant: You are hereby summoned and required to serve upon plaintiff's attorney an answer to the complaint which is herewith served upon you within 20 days after service of this summons upon you, exclusive of the day of service. If . ~ lief demanded in the complaint. you fail to do so judgment by default will be taken against you for the re'- The object of this action is the recovery of money damages r personal . injury. . '''''' II Signed: / / Albert E. Ranum Attorney for Plaintiff 104 North Main Street Stillwater, MN 55082 Phone: (612) 439-4143 Attorney Number: 89552 ..x .. STATE OF MINNESOTA COUNTY OF WASHINGTON DISTRICT COURT TENTH JUDICIAL DISTRICT CASE INDEX #7 l~ ------------------------------------------- . Vacil Kal inoff, Plaintiff, vs. AMENDED COMPLAINT City of Stillwater, Minnesota, A Municipal Corporation, Defendant. ---------------------------- -------------- The plaintiff for his omplaint against the defendant herein states and alleges as follows: I. Myrtle Street is, and defendant City of Stillwater was and still At the times herein me is a municipal corporation d ly organized and existing under the laws of the State of Minnesota, and the~ cts amendatory thereof and supplementary thereto. . II. times herein mentioned was and 1S a public street and highway of the City of S illwater, Minnesota, with concrete ~,dewalks that abutt both sides of said str et, and said sidewalks thereof were and still are in constant use by many pers ns. III. On February 9, 1988, a d for many days prior thereto, defendant negligent- ly allowed snow and ice to a cumulate and remain on the sidewalk on the North side of said street, in fron of the premises known as 320 West Myrtle Street; said accumulation of snow an ice was, to the knowledge of defendant, uneven, round and slippery, so as to be extremely dangerous to persons walking on said sidewalk. . x ., IV. On February 9, 1988, plaintiff, while walking on said sidewalk in front . of the premises known as 320 West Myrtle Street, slipped on said accumulation of ice by reason of its suid condition and fell and was thereby severely and permanently injured in body and mind so that he became sick, sore and disabled, and suffered and permanently suffers great bodily and mental pain; among the injuries so caused, his right shoulder was dislocated and his back and right arm were permanently injured. By reason of said injuries, plaintiff has ever since been, and will permanently be incapacitated and prevented from carrying on his business as a lawyer. He has necessarily incurred and expended large expense for medical attendance, nursing, hospital fees and medicines in endeavor- ing to be cured of said injuries and will hereafter necessarily incurr large expense for such purpose, and he ha~ been prevented from carrying on his practice of law, and has suffered loss of earnings, all to his damage in excess of $50,000.00. . .~ V. On June 16, 1988, and within 180 days after receiving the injuries and losses herein alleged, the plaintiff duly caused to be presented to the council of the defendant City, a written notice and claim, stating the time when and the place where the injury and loss occured, the circumstances thereof, and the amount of compensation demanded by the plaintiff from the defendant for such in- jury and loss, in compliance with Minnesota Statutes section 466.05. Wherefore plaintiff demands judgment against defendant for damages in an amount greater than $50,000~00, together 1 ~:~; 2~urp::; Albert E. Ranum Attorney for Plaintiff 104 North Main Street Stillwater, Minnesota 55082 Phone: (612) 439-4143 Attorney Number: 89552 . -2- >.. .. .. /\ ACKNOWLEDGEMENT The plaintiff, Vacil Kallinoff, aCknowledges that per M.S. 549.21 the Court may award to the party adainst whom these pleadings are directed, reason- able attorney's fees, court co ts and disbursements, if this claim has been asserted in bad faith or witho t a good faith basis. ;") Dated this ~ day of June 1939. a ,Ii, 11! f - M A/i'M! /'A'J Albert E. Ranum Attorney for Plaintiff, Vacil 'Kalinoff 104 North Main Street Stillwater, Minnesota 55082 Phone: (612) 439-4143 Attorney Number:. 89552 . ~ .~ .. -') ".. . . . -EOERICK L. THORSON ~NSTON E. MUNSON CL.AY R. MOORE CONNOR f". SCHMID LORE.NS Q. BRYNE:STAO 5 ION EY KAPLAN WOODBURY H. ANDREWS GEORGE R. A. JOHNSON ANDREW R. CLARK J. MICHAEL COLLOTON FRANK A. DVORAK ROBERT D. GISVOLO MARVIN C. INGBE1=O! H. RICHARD KORSH TIMOTHY O. MORATZKA MARTIN V. AYDELOTT SHANE H. ANDERSON GL.ENN R. DRURY ROBERT S. LEE JAMES T. SWENSON ERIC O. MADSON JOH N C. UTL.EV ARLIN B. WAELTI STEPHEN F. GRINNEll MICHAEL. S. FROST STEPHEN P. KELLEY MICHAEL. ,J. DWYER TIMOTHY M. BARNETT MACKALL, CROUNSE & MOORE LAW OFFICES 1600 T C F TOWER RAYMOND C. LALLIER GARY G. O'HAGAN KARL K. HEINZERLING DAVID J. CUDDLESTON THOMAS ,J. LALLI ER MARY LYNN JAHNKE SUSAN M. SWIFT SHEILA A. ENGELMEIER NEO ,J. CARROLL DEAN L. BUSSEY MICHAEL C. GLOVER JEFFREY L. SHLOSBERG AMY J. JOHNSON SHERYL L. GOETZINGER BRADLEY J. SCHMIDT DANIEL S. MILLER 121 SOUTH EIGHTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612 '333-1341 TELECOPIER 333-6173 June 1 5, 1 989 OF' COUNSEL FLOYD E. NELSON ..JAM ES B. HAN NAH VAL M. HIGGINS HENRY C. MACKALL (1885-1979) R08ERT M. CROUNSE (1893 -1974) PERRY R. MOORE (1894-1969) Mayor and City Council of Stillwater 216 North 4th Street Stillwater, Minnesota 55082 . Gentlemen: Re: Claimants: John and Carol DeWitt Date of Incident: June 3, 1989 On June 3, 1989, at approximately 4:00 P.M., in the City of Stillwater, Minnesota, John DeWitt and Carol DeWitt sustained injuries as a result of a negligently maintained street surface and manhole placement. The DeWitts suffered injuries as a direct cause of the state's negligence in maintaining this street area at the following address: 601 North Main Street (State Highway No. 95) Stillwater, Minnesota. Mr. DeWitt sustained a serious fracture to his left arm, rib injuries and lacerations. Mrs. DeWitt suffered a serious laceration on her chin, loss of several permanent teeth and other lacerations and bruises. At this time, we are unable to calculate monetary damages. Please consider this a notice of intent to make a claim against the state pursuant to Minn. Stat. ~ 466.05. . MACK LL, CROUNSE a.. MOORE . Mayor and City Counci of Stillwater June 15, 1989 Page 2 If you have any uestions, please contact the undersigned. MJD/mjva Sincerely, cc: Mr. and Mrs. Joh A. DeWitt Hubert H. Humphrey III, Attorney General for the State of Minnesota . . DO:tIS CARROLL tonlh" L o(~k \.1 " n'; .' " I "i ,.-- r . 702 S SEvs:,r1'H S1' .' ,',. l 8 ( f 4,1' 1 I. rf.'( ') I . ! : ,:-', STILL'1IATSR :.1IU~! ..- ('c Ih, 59:> . , \. ... )ate Remarks Reading Difference Date Remarks Reading Difference V '-90 July '.86 y '-12 J) r. 1.90 \f .... "", ".v" ~ , Apr. 1-86 :~ ;, ,~ / " I. 1-90 Jan. 1-86 -,,:;',',.,';:;, /' i/ 1(/ ,c. A :. '-89 {j 'i r Or.t. 1-85 I t- j V '-89 July 1-85 (/ I. ..- 7 ) '. 1-87~? '/"" /:,-;- l1 b ;l 11 ;):/ Apr. 1.85 4D () 7 ;; --f", 71 b t) ~,......' ,) 7.\' I~l )5~ / '1 7 I. '-89 '0 c-. t> 1] Jan. 1-85 D I II . -, (L"'I ~. .1." ,f J 2 .f /0 - . '-88 Oct. 1.84 ~. 7 . ( V I-J 'j ~ II 0 .- /' { '-88 I I j 0 .j July 1-84 , I~ - " - 0 0 /0 (, - ~ 1 Apr. 1.84 ~ ( ....--) b , "-.-' . '-88 ~ " \ " ,. '/ ~ .(: -. t ,: Jan. 1.84 -.' I.' r; -, .\ '.1 : \ I'; ! 1"'" . '-87 "0 '\ 'j Oct. 1-83 ~I J ;1; h I ( .. ,) , 1-87 Ii 7 '3 ~ July 1.83 3 10 1 5 . '-87 :/ I - I f ( , . .~) -../7 . Apr. '-83 ; I P .., I , '-87 if 15 1 to Jan. 1-83 'J. 50 liD -) 71 . 1-86 '-\ 5 I'), 5 Oct. '-82 !) 5 ~, SA r) I~ L.. (I ,J . 1-86 ~ 4 g ,3 Ju!y 1.82 3 2 4 2./ ,/ .IS CARROLL 702 S SS'lS:lTH ~OP' ~".lc.d(. t I .'_ ,', '. ,.."" . ;:d a STILLWATER !HNN r . .( 505 ': .,; ,- ',' ,-- -/ ) ... J; ,? f' /' Q f ,,, . p o.A..-i ~ ~~ \q~l \ ~ \ ~ jq~ '1 -' (V\~ 3 $-.00 3 &-.0 0 3C).oo 0-\..'""- v:.-(-i.}- - l't~ -0- t ct~ ~ -0 - . L<1.~Cj [11)("2,10) ;;1..3 . , 0 _ 3~ ,0 () 3~,o 0 $ ,. 1.-' l 0 7o:c,'-.( '- - /\:' " - . .' .y: ~ to ~. ~~ ""'^ F';~ UJ~ ~~ ~~~ \-o~~- ... f{~ .' '~:' . '. ' .' . p. . g~~ X ! ~......- I Lu.~ , -L . rJ .' ./?~ -::;:;;>a ~.el:J-;: L-' ~ .~ ~ C<-;)~.- ~ -< J "-<." ~~ ~ --P /~ ~ - ~(/ --;>-;>----0 ~ .~ ?U__ .~~ ~~./~.~~ '""'" C.:....J a--.:7 '><--~~ ~tI-f/ C-J" tJ,j ./G~. ~ ~ /r-? ~ ~ ~ ~ ~ ~ ---'CJc-~~ ~~ -P ". ~~-~ .~ ~ ~ ~~ -:>~ ~.IL~. ~~~~ . ~4 X . !:J!!I)"..~g ii/{lJllliJI~ NORWEST BANKS J'JI!!I... .lJI'l.. Norwest Bank Minnesota, N,A. Stillwater Office 2000 Northwestern Avenue Post Office Box 369 Stillwater, Minnesota 55082-0369 612/430-7000 Fax: 612/430-7024 June 7, 1989 Dear Chamber Member: Norwest Bank Stillwater is pleased to present its first Valley Business Forum, and in cooperation with the Stillwater Area Chamber of Commerce, cordially invites the Chamber membership. . The presentation will feature Dr. Sung Won Sohn, Chief Economist, Norwest Corporation. Dr. Sohn will address regional economic issues and how they impact our businesses. The event will be held on Tuesday, June 20, 1989, at Oak Glen Country Club, 1599 McKusick Road. Reception and refreshments 3:00-4:00 p.m. Presentation 4:00-5:00 p.m. Due to limited seating, please R.S.V.P. by calling Carolyn 430-7013, Marie 430-7012 or Sheryl 439-7700. Sincerely, Sb~;i~ President Norwest Bank Minnesota N.A. Stillwater Office Sincerely, (\ . .11 J ,--:-r~,- ~Llt..A~tfX'V ~~b~ifd7 Tschumper ~~cutive Vice President Stillwater Area Chamber of Commerce . Firstar Stillwater Bank, N.A. \ / /-. -=1 RSf Il..R ....... - June 9, 1989 Honorable Mr. Wallace Abrahamson City of Stillwater 216 No. 4th Street Stillwater, MN 55082 Dear Mayor Abrahamson: I am writing in regards to the recently formed Downtown Plan Implementation Committee. I would like to ask that my name be placed on file to be considered a member of the committee if . there should be an opening at any time. My interest in serving on the committee is two-fold. First being a long time resident of Stillwater and the beautiful St. Croix Valley. Secondly being employed by a downtown business perks my interest in having a healthy downtown. If you should need any additional information, please feel free to call or write me at anytime. ss:s;r~ David F. Pohl ~ Vice President DFP:ds . Stillwater: 213 East Chestnut Street. Stillwater. Minnesota 55082 612/439-4411 Oakridge: Highway 36 and County Road 5. Stillwater. Minnesota 55082 612/430-2820 Lakeland: 310 St. Croix Trail South. Lakeland, Minnesota 55043 612/436-5237 \:-.--- ~- QlI"""""'" ~,. . . . ~ !~/!CLJa~ SETTLEMENT AGREEMENT -- AGREEMENT made this /"2- day of 0 AN lAARjL, 1989, by, / between, and among STILUJATER TOWNSHIP ("Township"), and MINNESOTA TRANSPORTATION MUSEUM, INC., a Minnesota non-profit corporation ("MTM"). RECITALS 1 . The railroad line, identified on the attached Exhibit "A", ("Railroad Line") ~vas previously o.,med and operated by the Burlington Northern Railroad (f1BN"). Since 1980, BN has ceased all use of the line, obtained abandonment authorization from the Interstate Commerce Commission, and donated the right-of-way, rails, ties and other fixtures to MTM. 2. MTM is a non-profit corporation that operates and displays transportation vehicles at several sites for educational and historical purposes. MTM has entered into an agreement with Minnesota Zephyr, Ltd., a Minnesota corporation ("Zephyr"), which allows Zephyr to use MTM's track. Zephyr operates a restaurant train. 3. The railroad line identified on the attached Exhibit "A" was constructed by the Northern Pacific Railway Company, or its predecessors, in 1870. The BN Railroad is a successor in interest to the Northern Pacific Railway Company. Until World War II, the portion of the Township through which the railroad line passes was undeveloped rural land. Since 1950, approximately six residences have been constructed on property abutting the railroad line. . .' . 4. The Township and MTM acknowledge that certain residents of the Township have complained about railroad operations conducted by MTM and Zephyr. 5. The Township claims that the operation of the Railroad Line is in violation of the Township zoning ordinance and MTM denies the alleged violation. NOW, THEREFORE, the parties agree as follows: 1. MTM and Zephyr agree to conduct operations in accordance with the terms.of this Agreement, in the interest of minimizing concerns of residents of the Township living in the vicinity of the railroad line. 2. Whistle blowing will be prohibited except for emergencies, at railroad grade crossings, and as necessary to cbmply wi~h applicable federal,state and other laws, regulations and ordinances. Efforts will be made to reduce whistle noise by using partial applications of air pressure or stearn, whenever there is no perceived risk. 3. By the end of 1988, MTM will complete a side track east of Neal Avenue behind Countryside TowinS for the purpose of storing track repair equipment previously stored at Summit siding. After that time, railroad equipment will no longer be repaired within the Township by MTM or Zephyr, except in case of emergency. 4. Track repairs within the Township will be res~ricted as follows: -2- . a. Repairs by contractors will only be done during the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday! except in emergencies. b. MTM members will repair tracks in residential areas only on Saturdays between 9:00 a.m. and 6:00 p.m., except in emergencies. c. Emergencies will be defined as derailments, track washouts, and other unforeseen situations, and will not include any planned track work 5. Except for crew members acting in the line of duty or in the event of emergency, no persons will board or alight from trains within the Township. 6. Summit siding will no longer be used ,for work crews and parking of vehicles. 7. MTM has recently acquired additional land in Grant Township at the west end of the track. In 1989 a passing siding . will be built there, crea.ting an alternative to trains meeting and passing at Summit. MTM will use its best efforts to reschedule trains to avoid meeting at Summit. 8. MTM will continue to negotiate with BN in an effort to > secure storage facilities for railroad equipment in downtown Stillwater. If this effort is successful, MTM will reduce non- revenue train movements on operating days. 9. MTM will remove all stored rail and track materials at Summi t by the end of 1988. In the spring of 1989, t-1TM will make the following improvements on MTM right-of-way at the sole expense of MTM: areas of bare dirt will be seeded with grass; a berm will be pushed up on the south side of the right-of-way; . -3- . .. . trees will be planted on both sides of the track from Marylane to the east switch of the Summit siding; and a wooden fence will be built along the western portion of the south side of Summit siding. 10. MTM will make every effort to keep the right-of-way within the Township free of litter and debris, especially any object that may create a safety hazard. 11. No additional trackage will be laid within the Township, but this is not to be construed as precluding repair, replacement, or renewal of existing trackage. 12. No regularly scheduled MTM trains will run on Saturdays before 10:30 a.m., on Sundays before 12:00 noon, or after 7:00 p.m., excepting for special events such as Lumberjack Days, i . I ~ ~ chartered special trains, and the Zephyr dinner train. 13. MTM will introduce no additional regularly scheduled- train operations that are operated in whole or in part by someone other than MTM, unless such operations are of a special event type and are occasional, such as a visiting historic train. 14. So long as MTM conducts its operations in substantial accordance with the terms of this Agreement, the Township, its Board, employees, agents, or assigns, will not institute or join any cause of action or proceeding, civil or criminal, which in any way attempts to close down MTM's operation of the railroad line as an illegal nonconforming use. -4- . . ~~~ Office of the Chancellor 203 Capitol Square Building 550 Cedar Street Sf. Paul, Minnesota 55101 612/296-3990 MINNESOTA COMMUNITY COLLEGES June 9, 1989 Mayor Wally Abrahamson city of stillwater stillwater, Minnesota 55082 Dear Mayor: Now that the legislative session is over, I want to express our deep appreciation for your support of Minnesota community Colleges. Resolutions of support, such as the one from the stillwater city Council, were very helpful in reminding legislators of how important community colleges are to the areas they serve. We are extremely grateful for your support, and we hope you will stay in close touch with Minnesota Community College activities in the months ahead. The Legislature did provide us with a strong funding base, and we will be able to make improvements that help students. I f you have comments on how Minnesota communi ty Colleges can further serve your area, please let us know. We truly are community colleges, and we're proud of the name. Thank you for your support. It makes the difference. Sincerely, C1'li1&f JJ.~LD W. CHRISTENSON Chancellor . Anoka-Ramsey . Arrowhead Region (Hibbing, Itasca, Mesabi, Rainy River, Vermilion) · Austin Clearwater Region (Brainerd, Fergus Falls, Northland) · Inver Hills · Lakewood · Minneapolis · Normandale North Hennepin. Rochester · Willmar · Worthington Minnesota Community Colleges Are Equal Opportunity/Affirmative Action Institutions STILLWATER PUBLIC LIBRARY . 223 NORTH FOURTH STREET STILLWATER, MINNESOTA 55082 439-1675 LIBRARY BOARD OF TRUSTEES MEETING MINUTES MAY I, 1989 The regular monthly meeting of the Stillwater Public Library Board of Trustees was held on Monday, May 1. Present: Cass, Kalinoff, Engebretson, Hansen, Welshons. Schmidt. Childs. Also present: Bertalmio. The business meeting was preceded by a Member Education Workshop presented by Lynne Bertalmio on "Definition of Terms Used in the Mission Statement. " . The business meeting was called to order by President Hansen at 8:05 P.M. The Board moved to : -Approve the agenda as published. -Approve the minutes as published. -Approve payment of bills in the amount of $3.227.98. COMMUNICATIONS Correspondence was read thanking the Library for providing books for the "Toys R History" program at the Washington County Historic Courthouse. COMMITTEE REPORTS 1. Building & Grounds - Lynne will pursue information o~ lighting replacement on the East side of the building. 2. Public Relations - The Committee outlined plans and requests for 1989 3. WCL/SPL Liaison - Schmidt reported on items of interest to the SPL Board from the April 11. 1989 WCL Board meeting. . OLD BUSINESS 1. Macintosh Training - District #834 Schools will hold a special computer training class for SPL staff. 2. Public Catalog: ROM Catalog vs. On-Line Catalog - Lynne updated the Board on this item. 3. WCL/SPL Contract - Lynne and Greg Schmidt met with the WCL Director and a WCL Board member to discuss the WCL/SPL Contract. A time table was agreed upon with an expectation of seeing some progress by June 30. 1989. 4. Registration Policy - The Board adopted the Stillwater Public Library Registration Policies as published. . 5. Computer Software Study - The Board moved to not purchase any computer software in 1989. 6. Allocation of 1989 Collection Development Budget - Discussion was held on how to spend monies on Collection Development. Lynne will bring recommendations to the June Board meeting. NEW BUSINESS 1. Retirement Event - will be held June 12 or June 5. Cass will arrange the event and contact Jean Morse and Ray Marshall. 2. 1990 Budget Process - A special Board meeting will be held at 6:30 P.M. on May 15th at the library to address the budget. 3. Joint Board Meeting - The WCL/SPL Boards will meet jointly at the end of August. The program will focus on Collection Development. 4. Meeting Room Policy - The Board discussed the current policy of rental of the Margaret Rivers Room to outside groups. The Board moved (4-1) approval of adherance to the current policy. The meeting was adjourned at 9:05 P.M. Respectfully submitted. . Jane Dickinson Cass Secretary . . . /0-J. (PI 17( ti ~ JOHN E. TROJACK ATTORNEY AT LAW SUITE 900 MINNESOTA BUILDING ST. PAUL. MINNESOTA 55101 16\2)291-1134 June 16, 1989 Ms. Mary Lou Johnson City Clerk City of Stillwater 216 North Fourth Street S t ill wa t e r, MN 5 5 0 8 2 Officer Timothy J. Bell c/o City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Officer Lesli Wardell c/o City of Stillwater 216 North Fourth Street S t ill wa t e r, MN 5 5 0 8 2 Re: Ralph H. Peters, Damage Claim Our File No. 100 88 128 Dear MS. Johnson, Mr. Bell and Ms. Wardell: Enclosed herewith and served upon you by U.S. Mail, please find the folIo wi n g do c ume n t s rei a t i vet 0 the a b 0 v e - e n tit led ma t t e r : 1. Three (3) copies of the Summons; 2. Three (3) copies of the Verified Complaint; 3. Six (6) copies of the Notice and Acknowledgment of Service by Ma i 1 . 4. Three (3) self-addressed, stamped envelopes. Please have the City Clerk and each of the officers involved in . this incident date and sign a copy of the enclosed Notice and . . . Ms. Mary Lou Johnson Officer Timothy J. Bell Officer Lesli Wardell June 16, 1989 Page 2 Acknowledgment of Service by Mail and return them to me in the enclosed prepaid envelopes at your earliest convenience. Your prompt attention to this matter is appreciated. Very tr ly J h I J /keg Enclosures cc: Mr. Ralph H. Peters . . . PERSONAL IN JURY STATE OF MINNESOTA o ISTR ICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT COURT FILE NO. Ra I P h H. Pet e r s , Plaintiff, SUMMONS vs . The City of Stillwater, Timothy J. Bell, and Lesli Wardell, Defendants. THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS: You are hereby summoned and required to serve upon the Plaintiff, an Answer to the Complaint, which is herewith served upon you within twenty (20) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken agains~.you for the relief demanded in the Complaint. it Dated this lA/day of - i0'-L-. , 1989. 7 J hn E. Trojack ttorney for Plaintiff Suite 900, Minnesota Building St. Paul, MN 55101 (612) 291-1134 Attorney 1.0. No. 110929 . . '. PERSONAL IN JURY STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT mURT FI LE NO. ----------------------------------- Ralph H. Peters, Plaintiff, vs. COI\1PLA IN T The City of Stillwater, T i mo thy J. Be 11, and Lesli Wardell, Defendants. ----------------------------------- Comes now the Plaintiff and for his complaint against the Defendants, states and alleges as follows: mu NT I. 1. That at all times material herein, the City of Stillwater wa san d i sad u 1 y in cor p 0 rat e d m u n i c i pal i t Y 0 f the S tat e 0 f Minnesota. 2. That on or about September 24, 1987, Plaintiff went to the offices of the Stillwater Police Department located at 212 Nor t h F 0 u r t h S t r e e t, S till wa t e r, M inn e sot a 5 5 0 8 2 . 3. That at the said time and place, the Plaintiff was attempting to make two complaints against a neighbor, one Jeffrey Montbriand', relat ive to the said Montbriand's trespass and threat to Plaintiff. 4.. T.hat at some point in the interview the Defendant, Timothy J. Bell, hereinafter Bell, walked around his desk and coni'ronted Plaintiff by stating that Plaintiff was under arrest. . . . 5. That Plaintiff was so stunned and shocked by the statement that he was unable to move or speak loudly. 6. That though Plaintiff explained to the said Bell that he was unable to move due to the severe emotional impact of being placed under arrest, the said Bell, either individually or acting in the course and scope of his employment as a servant of Defendant City of Stillwater, hereinafter Stillwater, did willfully, wantonly and mal iciously assault Plaintiff, violently grabbing him and crushing him to the floor and thereby ripping a handful of hair from his scalp. 7. That the said Defendant Lesli Wardell, hereinafter Wardell, so negligently and carelessly failed to protect Plaintiff from the unreasonable and unjustified force and violence inflicted upon Plaintiff by the said Bell as to be a cause of the damages set foith in this Complaint. 8. That the Plaintiff was thereby compelled to pay for medical attendance and medicine, and that by reason of the said unlawfUl conduct and the intentional assault, the said Plaintiff was injured with lacerations to his scalp and legs, and suffered mental distress and embarrassment all to Plaintiff's damage. 9. That said Defendant Bell, as agent of the City of Stillwater, received actual notice just after the time of the said incident that Plaintiff intended to sue the city for the damages as set for'th in this Complaint. 10. That thereafter, and on or about April 29, 1988, Affiant caused a formal Notice of Claim for Damages to be served upon the City of Stillwater. -2- . 11. That the City of Stillwater, by its agents, servants and employees, have done an investigation of the subject matter and have not been prejudiced by any delay in formal written notice of the claim herein. COUNT I I . 1. Realleges all of the allegations of Count 1. 2. That on or about September 25, 1987, at about 7:30 p.m. at the home of the Plaintiff, Ralph H. Peters, which.was located at 316 South Holcombe Street, Stillwater, Minnesota, officers of the Stillwater Police Department including, but not limited to, the Defendant Timothy J. Bell, without provocation and unlawfully, did intentionally enter upon the said premises owned by Plaintiff at the said time and place without any warrant or judicial process . and contrary to law. 3 . T hat a t the sa i d time and pIa c e, the rewa s no 0 the r person who had legal possession of the subject premises or was a co-owner or co-tenant in the subject premises with the ability to grant permission to enter the subject premises in the absence of Plaintiff. 4. That at the said time and place, the said officer or officers with him dismantled the said Ralph H. Peter's security system caus ing the said Plaintiff to suffer property damage, mental distress and embarrassment to the said Plaintiff and damage i n e xc e s s '0 f $ 5 0 , 0 0 0 . 0 0 . 5. That thereafter, on or about November 4, 1988, Affiant caused to ,serve a Notice of Claim for Damages upon the City of ,. Stillwater and the City of Stillwater has done a sufficient -3- . . '. investigat ion of the subject matter in a timely manner such that the City of Stillwater is not prejudiced by any delay in formal notice. WHEREFORE, Plaintiff demands judgment against the Defendants, and each of them, in a sum in excess of $50,000.00 plus interest, costs and disbursements and reasonable attor/~ ~I ~/JO n . 'fro jack / torney for Plaintiff ! uite 900, Minnesota Building , St. Paul, MN , 55101 (612) 291-1134 Attorney 1.0. No. 110929 Dated: c;.j;~/Y7 / -4- . . .. ACKNOWLEDGMENT The unders igned J1.ereby acknowledges tha t costs, disbursements, reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. 9549.21, Subdiv. 2, to the party against whom the allegations in this Dated: &;I~Ii, I Jtr1 E. rojack A orney for Plaintiff ~ ite 900, Minnesota Building ,/S t. Pa u 1, MN 55101 (612) 291-1134 Attorney I.D.'No. 110929 ;...5 - . STATE OF MI NNESOTA COUNTY OF WASH I NGTON DISTRICT COURT TENTH JUDICIAL DISTRICT COURT FILE NO. ----------------------------------- Ra I ph H. Pet e r s , Plaintiff, vs. VERIFICATION The City of Stillwater, Timothy J. Bell, and Lesli Wardell, Defendants. ----------------------------------- STATE OF MINNESOTA) ) s s . COUNTY OF RAMSEY ) . Ralph H. P.eters, being firs t duly sworn, deposes and ~ays: 1 . Th at he i s the P I a in tiff i nth e ab 0 v e cap t ion e d ma t t e r . 2 . T hat he has rea d the for ego i n g Co mp I a i n tan d k n 0 ws the contents thereof and the same is true of his own knowledge, except those matters therein alleged on information and belief, and as to those matters he believes it to be true. Dated: ~ 1Lf; 1987 Ralph . Subs<:ribed and sworn to before me, this f4+h day of ..:Ill ""Q , 1989 Q./ v-\.U/~'- Not a r y Pub I i c n ,1M. $,.Q....\- Co u n t y, M inn e sot a My Commission Expires _(L 0('10, )-f, J91,;).. -6- ~ . '~' . KAREN E. GREEN \ }p.. NOTARY PUBUC-MINNESOTA r~, . RAMSEY COUN'TY . Uy ClrM\iISiGd EJ:llWW OCT.27. 1 ~ . .- . NOTICE AND ACKNOWLEDGMENT OF SERVICE BY MA I L NOTICE TO: MARY LOU JOHNSON, City Clerk, City of Stillwater, 216 North Fourth Street, St illwater, Minnesota 55082 The enclosed summons and complaint are served pursuant to Rule 4.05 of the Minnesota Rules of Civil Procedure. You must complete the acknowledgment part of this form and r e t urn 0 n e cop y 0 f the co mp 1 e t e d for m tot he s end e r wit h in t we n t y (20) days. Signing this Acknowledgment of Receipt is only an admission that you have received the summons and complaint~ and does not waive any other defenses. You must sign and date the acknowledgment. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your_authority. If you do not complete and return the form to the sender within twenty (20) days, you (or the party on whose behalf you are being served) may be required to pay any expenses incurred in serving a summons and complaint in any other manner permitted by law. If you do complete and return this form, you (or the party on whose behalf you are being served) must answer the complaint within 20 days. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. COURT RULES I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt of Summons and Complaint was mailed on June 16, 1989. J<c )'Q~ t. \~V\. Signature 6/1 b/Rq Date of Signature . . . I . ACKNOWLEDGMENT OF RECEIPT OF SUWMONS AND COMPLAINT I declare, under penalty of perjury, that I received a copy of the summons and of the Complaint in the above-captioned matter a t C i t Y 0 f S t ill wa t e r, 2 1 6 Nor t h F 0 u r t h S t r e e t, S t ill wa t e r , Minnesota 55082. n~~~ S'igna tute /lA tlA-V Lo u Jo A 11. So "'- Print/Your Name Legibly ~l'tt-, rU-d-f-- ~a~ ReI tionship to Ent't / Authority to Receive Service of Process' r ~ /711 D e of Signa:'ture . . . NOTICE AND ACKNOWLEDGVJENT OF SERVICE BY MA I L NOTICE TO: OFFICER LESLI WARDELL, c/o City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota 55082 The enclosed summons and complaint are served pursuant to Rule 4.05 of the Minnesota Rules of Civil Procedure. You must complete the acknowledgment part of this form and return one copy of the completed form to the sender within twenty (20) days. Signing this Acknowledgment of Receipt is only an admission that you have received the summons and complaint, and does not waive any other defenses. You must sign and date the acknowledgment. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized. to receive process, you must indicate under your signature your authority. _ If you do Dot complete and return the form to the sender within twenty (20) days, you (or the party on whose behalf you are being served) may be required to pay any expenses incurred in serving a summons and complaint in any other manner permitted by law. If you do complete and return this form, you (or the party on whose behalf you are being served) must answer the complaint within 20 days. If you fail to do so, judgment by default will be taken against you for the reI ief demanded in the complaint. COURT RULES I declal.e, under penalty of perjury, that this Notice and Acknowledgment of Receipt of Summons and Complaint was mailed on June 16, 1989. ~() ^ Q M- E-. J:\J\ <Lo.;Y\.. Signature fo!l~/gq Date of Signature . . . ACKNOWLEDGMENT OF RECEIPT OF SlM\VX)NS AND COMPLAINT I declare, under penalty of perjury, that I received a copy of the summons and of the Complaint in the above-captioned matter at City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota 55082. C?r~ #' /J~~-f!./ Signature LE~L.lE 4- t"t/ArdcLL Print Your Name Legibly ~~~ Re a t ion s hip toE n tit Y / Authority to Receive ,Service of Process t:?6:;:zC7?7' Date of Signature . . .. NOTICE AND ACKNOWLlEDG\i1ENT OF SERVICE BY MA I L NOTICE TO: OFFICER TIMOTHY J. BELL, c/o City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota 55082 The enclosed summons and complaint are served pursuant to Rule 4.05 of the Minnesota Rules of Civil Procedure. You must complete the acknowledgment part of this form and return one copy of the completed form to the sender within twenty (20) days. Signing this Acknowledgment of Receipt is only an admission that you have received the summons and complaint, and does not waive any other defenses. You must sign and date the acknowledgment. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate 'under your signa'ture ~our authority.. If you do not complete and return the form to the sender within twenty (20) days, you (or.the party on whose behalf you are being served) may be required to pay any expenses incurred in serving a summons and complaint in any other manner permitted by law. If you do complete and return this form, you (or the party on whose behalf you are being served) must answer the complaint within 20 days. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. cnURT RULES I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt of Summons and Complaint was mailed on June 16, 1989. ~OJ\.O;~ [. ~,,^- S i g na t u r e roll b /~9 Date of Signature . . .. ,. ACKNOWLEDGMEN T OF RECE I PT OF S tMMONS AND COMPLAINT I declare, under penalty of perjury, that I received a copy of the summons and of the Complaint in the above-captioned matter ate i t Y 0 f S till wa t e r, 21 6 Nor t h F 0 u r t h S t r e e t, S t ill wa t e r , Minnesota 55082. Signature Print Your Name Legibly Relationship to Entity/ Authority to Receive ,Service of Process Date of Signature