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CITY COUNCIL MEETING MINUTES
February 19, 2013
REGULAR MEETING 4:30 P.M.
Mayor Harycki called the meeting to order at 4:32 p.m.
Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Staff present: City Administrator Hansen
City Attorney Magnuson
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
Finance Director Harrison
Community Development Director Tumblad
Administration Secretary Manos
OTHER BUSINESS
VistaTek TIF assistance proposal
Community Development Director Tumblad explained that the City has been working with
Vista Technologies (VistaTek) of Vadnais Heights to encourage them to relocate their
expanding injection molding company to the vacant UFE site on Greeley Street. As an incentive
to the manufacturing company to move to Stillwater, staff has offered (contingent upon City
Council approval) a Tax Increment Financing loan of $250,000. The loan would be forgivable if
after five years the level of employment stays at or above 35 full -time equivalent employees.
The highlights of the proposal include: 1) By July 1, 2013, VistaTek expects to employ the
equivalent of 28 full time people on site. By July 1, 2014 this would increase to 35; 2) On
January 1 of 2015 and each subsequent year until 2019, VistaTek will report the number of FTE
employees it has on site. If the 35 minimum FTE jobs are maintained that year, then no payment
to the City would be required. If in a given year employment falls below the minimum
requirement, then a pro -rated portion of that year's $50,000 TIF loan value would have to be
repaid to the City. 3) On January 1, 2019 if VistaTek still owns the building and employs the
required minimum number of employees, then the loan is forgiven in full. 4) A check for
$250,000 would be provided at the time of closing to the title company.
Councilmember Weidner asked if the economic impact is quantifiable, and Community
Development Director Turnblad responded that the kinds of economic impacts the City will
experience are not only a re -used building, but also building improvements which will increase
the tax value, future company expansion, and high paying jobs.
City Attorney Magnuson added that former City Planner Pogge did an analysis estimating each
job is worth $8,200 to the community annually.
City Council Meeting
February 19, 2013
Community Development Director Turnblad explained there are environmental issues, with
estimated clean -up costs of $1 million which the current landowner is funding. If the property is
not sold, there is less incentive to clean up the site. If the City does not provide support, the
proposal will fall apart because banking institutions are seeking reassurance that the project will
proceed.
City Attorney Magnuson stated that the TIF incentive is justifiable by State law, since the
industrial site has been vacant or underutilized for many years and the vacancy is due in part to
environmental issues associated with industrial contaminants. With clean -up efforts underway
and the proposed TIF loan, VistaTek would be able to obtain financing to purchase the building
and relocate here.
Councilmember Menikheim asked if the deal could fall through if the money for the clean-up is
not available. Dan Mishek, one of three family owners of VistaTek, explained that the TIF
financing would help with renovations such as making the building handicapped accessible and
repairing the roof. He stated it will cost around $200,000 to move equipment to the site. The
MPCA is involved with the pollutant clean -up which is now underway due to the interest in the
sale of the site, and will continue to follow up with the present property owners.
Councilmember Kozlowski asked why not use a future tax abatement rather than a loan, and
why tie the number of jobs into this agreement, and Community Development Director
Turnblad responded that jobs are relevant because the City's TIF policy links TIF to job
creation. For every job that the company fails to create of the target number of 35, staff is
suggesting the penalty be pro -rated to whatever percentage of the 35 jobs is failed to be met that
year. The bigger risk is that they would go out of business, and then no one would be employed,
and the City would get 100% of the guarantee.
Councilmember Weidner inquired if the spirit of the TIF policy regarding jobs is about creating
jobs in Stillwater or bringing skilled workers to live in the community, and Community
Development Director Turnblad answered that it is all those things - bringing good jobs and
people to the City, rather than having vacant buildings.
Mayor Harycki noted that if an employer comes into the region or the valley, all surrounding
communities win.
Councilmember Weidner indicated that he is happy someone is looking at the building but
concerned about the upfront risk to the City. He asked how the company anticipates adding 35
jobs in a year.
Mr. Mishek responded that in general, jobs are coming back to the U.S., boosting local
manufacturing which is alive and well. He believes the estimated numbers are conservative
estimates. He referred to the current push to get kids involved in engineering and
manufacturing. They give tours of the facility, scholarships, work with robotics in high schools
and try to be involved with the community. Ideally they would be in the facility by July.
City Administrator Hansen reminded the Council that all economic development for cities and
states comes with risk. Staff has tried to minimize the risk by tying the loan to a mortgage and a
personal guarantee.
Councilmember Weidner pointed out that he understands risk and is seeking more quantifiable
answers to how this will enhance the community. He would love to have the business here and
is simply asking questions to get more information before deciding.
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City Council Meeting
February 19, 2013
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution
2013 -022, Authorizing a Loan Agreement with MAVACK, LLC.
Ayes: Councilmembers Polehna, Menikheim, and Mayor Harycki
Nays: Councilmembers Weidner and Kozlowski
Presentation of Special Event Survey - Readex
Michele Hanson of Readex presented the views of respondents toward a new community event
to replace Lumberjack Days. A stratified sample was done to look at results by business versus
resident and within different zones. 66% of the community members support the creation of a
replacement event for Lumberjack Days; 16% oppose it. About half the community stated they
want a celebration that is smaller than Lumberjack Days and the other half stated they want
something the same size or larger. Residents were slightly more likely than businesses to want
something smaller.
Mayor Harycki noted the City used the proceeds from the CVB tax to pay for the survey.
ADJOURNMENT
The meeting was recessed at 5:55 p.m.
REGULAR MEETING 7:00 P.M.
Mayor Harycki called the meeting to order at 7:01 p.m.
Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Staff present: City Administrator Hansen
City Attorney Magnuson
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
Finance Director Harrison
Community Development Director Turnblad
Administration Secretary Manos
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to approve the
February 5, 2013 regular and recessed meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Presentation of Miss Teen Washington County - Heather Huna
Mayor Harycki introduced Miss Teen Washington County, Heather Huna.
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City Council Meeting
February 19, 2013
Gabby Taylor, Miss Teen Minnesota International 2012, presented Ms. Huna with her banner
and crown.
Ms. Huna indicated her platform is "Music Matters." She thanked the community for supporting
school music programs.
Proclamation: John W. Jackson, aka Bud Fowler Day
Brent Peterson, executive director of the Washington County Historical Society, explained the
history of John W. Jackson, aka Bud Fowler, the first professional black baseball player, who
played in the Northwestern League with the Stillwater, Minnesota Club in 1884.
Mayor Harycki read a proclamation honoring the pioneer spirit and the determination of
John W. Jackson, aka Bud Fowler, and proclaiming February 26, 2013 as John W. Jackson, aka
Bud Fowler Day.
St. Croix River Crossing Update - John Chiglo
Engineer John Chiglo informed the Council that the first letting for the bridge is a week from
Friday. Work will start mid to late April. He presented simulations of how the bridge will look.
Highway 95 will be realigned to the west and will have more direct access from Highway 36 for
eastbound traffic. Frontage roads along Highway 36 will be reconstructed beginning sometime
in April. When Highway 36 and 95 are under construction there will be a single lane of traffic in
each direction. MnDOT is committed to maintaining access to businesses and homes.
Intersection closures (north -south only) at Osgood and Oakgreen/Greeley will be allowed for 12
calendar days. MnDOT has identified timeframes that the frontage roads may be under
construction: 50 calendar days for the north frontage road, 70 calendar days for the south
frontage road. MnDOT will coordinate with emergency services throughout the process to
minimize service disruption to the greatest extent possible. Wisconsin is about to start
purchasing right of way. MnDOT is in the process of constructing the parking lot at Club Tara.
The Scenic Overlook will be rehabilitated this summer. Signals from 694 along Highway 36 all
the way to Stillwater will be connected by fiber optic. Later this year, landscaping contracts will
be coordinated with the cities and counties involved in the project. Final contract completion
with conversion of the lift bridge and completion of the loop trail in Wisconsin will occur in
2017. To date approximately $57 million has been spent on the project. The new contract was
bid at $52 million which is in addition to the $57 million spent to date. Final design for the
bridge is about 60% complete. Visuals will be done to show what people can expect to see on
the river when the bridge is built. There will be public meetings and extended office hours at
least one evening a week. He urged the Council to tell any frustrated constituents to call
MnDOT to get their concerns addressed as soon as possible.
Councilmember Weidner expressed concern about getting people downtown in the summer, and
Mr. Chiglo acknowledged there will be congestion with a single lane in each direction. No
detours are planned.
Councilmember Weidner asked if there is anything that can be done with the bridge schedule to
alleviate congestion. Mr. Chiglo responded that MnDOT could look at it, but getting the lift
bridge schedule changed would be very difficult because there are many agencies that determine
the schedule.
Mayor Harycki recognized there are alternative ways to get into Stillwater. He commended Mr.
Chiglo for his open communication with business owners.
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City Council Meeting
February 19, 2013
Mr. Chiglo stated MnDOT anticipates opening the bridge to traffic in the fall of 2016; the date
probably won't be known till late summer of 2016. He added that open houses and meetings
will be held with local groups; MnDOT also is coordinating with the science, technology,
engineering and math curriculum (STEM) with the school districts in the area to expose the
students to real -world applications of STEM curriculum.
OPEN FORUM
There were no public comments.
STAFF REPORTS
Police Chief Gannaway informed the Council that Wold Architects have the initial design nearly
completed and will present it to the Council at the 4:30 session of the next meeting.
Fire Chief Glaser reported that he attended the Governor's Homeland Security and Emergency
Management Conference last week. The National Weather Service forecast does not indicate
great concerns for St. Croix River flooding this year; however, the MN DNR reported that the
potential for wildfire is high as the whole state is in a severe drought condition. He
acknowledged the snowmobile tragedy on the St. Croix River this weekend. Personnel worked
for three and a half hours trying to recover the individual that went into open water and did
everything they could to revive him. It was a very sad day for the City of Stillwater.
Community Development Director Tumblad informed the Council that Melissa Douglas, the
interim city planner, is available Monday 10 a.m. to 2 p.m., Wednesday all afternoon, and
Thursday mid - morning through the afternoon, and by voice mail. Her number is 430 -8829.
Public Works Director Sanders stated the Corps of Engineers plans on opening bids March 7
and awarding the contract April 8 for construction to begin mid - April, with an August 30
completion date. There will always be access to the park and to the riverfront. He also noted that
Thursday, February 28 will be Wenck's last group meeting with the lake association on the
aquatic management plan. In addition, Brown's Creek Watershed District will filter water on the
west tributary of Brown's Creek through an iron filter to remove the phosphorus. This requires a
cooperative agreement, which is on the Consent Agenda, because it involves City property.
CONSENT AGENDA
Resolution 2013 -023, directing payment of bills
Resolution 2013 -024, approval of Cooperative Agreement between City of Stillwater and
BCWD for Settlers Glen Iron -Sand Filtration Project
Possible approval to purchase new truck - Engineering Department
Resolution 2013 -025, approval of architectural services for Lowell Park Bathroom Project
Resolution 2013 -026, approval of 2012 -2014 Labor contract between the City of Stillwater
and American Federation of State, County and Municipal Employees Minnesota
Council No. 5, Local 517, AFL -CIO ,
Motion by Councilmem ber Menikheim, seconded by Councilmember Kozlowski, to adopt the
Consent Agenda.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
Page 5 of 9
City Council Meeting
PUBLIC HEARINGS
February 19, 2013
Case No. 2013 -06. A public hearing to review a request from the City of Stillwater to consider a
minor revision to Chapter 34 related to building demolitions.
Community Development Director Turnblad reviewed the request. To alleviate the problem of
inadequate time to complete a local designation study, staff and the HPC recommends that the
current 180 -day time limit be extended to 270 days, giving the City sufficient time to hire a firm
to complete a designation study within a reasonable budget. This is the first reading.
There were no public comments during the public hearing.
Councilmember Menikheim expressed concern about the possibility of holding up someone who
wants to demolish something on their property. He stated he understands the purpose of the
ordinance but questions the burden to the property owner.
Mayor Harycki indicated that he feels strongly about preserving properties. If a structure has
stood for 100 years and an owner believes it should be knocked down, the City should be given
some time to decide if that is best.
Councilmember Kozlowski reminded the Council that it will only stretch it out if the Council
does not approve the demolition permit.
Councilmember Weidner asked what a designation study costs, and Community Development
Director Turnblad replied it shouldn't cost more than $3,000 to $6,000. The bid got to over
$12,000 per house on the St. Paul Lutheran case due to the rushed timelines. The $5,000 escrow
required of the property owner should cover the studies most of the time.
Councilmember Polehna expressed concern with making a homeowner pay $5,000 to be
allowed to tear down a structure on their property. He added he was uncomfortable with the St.
Paul Lutheran homes demolition request because he does not like to oppose commissions'
recommendations.
City Administrator Hansen commented that he worries about putting people in charge of the
decision who are predisposed to think everything has historical value.
Councilmember Weidner noted this could hold up an entire project for up to 270 days if, for
instance, there is one potentially significant home involved in a large development. He asked if
there are options for the property owner to choose their own firm to do the designation study,
for a faster review.
City Attorney Magnuson stated he suggested to former City Planner Pogge, when drafting the
ordinance, to allow the City Planner to make some threshold determination of whether a
property might have significant historical value which could shorten the process.
Mayor Harycki noted that having only the extreme cases, where it's too close to call, trigger the
study, might be better for citizens since it is not as time consuming or expensive for clear cut
cases.
Community Development Director Turnblad responded that staff wants to avoid having to make
judgment calls that could be debated about whether a structure is worth saving as that would put
a controversial decision at an administrative level.
City Attorney Magnuson reminded the Council there is a right to appeal any administrative
decision.
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City Council Meeting
February 19, 2013
Councilmember Menikheim suggested returning the ordinance to the HPC to ask them to
rework it and include the points discussed during the meeting.
Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to table the
ordinance and send it back to the HPC. All in favor.
NEW BUSINESS
Discussion concerning options for using event survey results
Mayor Harycki explained that the City Council commissioned ReadEx Research to conduct a
survey of Stillwater residents and businesses to sample the community's opinions on events.
The two main objectives were: 1) To gauge whether Stillwater wants a community event to
replace Lumberjack Days, and if so, what activities would be preferred; and 2) To determine the
level of support for events in general. He noted that results indicated about two - thirds of
Stillwater residents favor some sort of summer event. Now it falls upon the Council to
determine what that should be.
Councilmember Menikheim stated he doesn't think there is any way to hold an event this
summer due to timing. He feels the City should slow down and do it right. He suggested a group
should be formed to be charged with coming up with a festival.
Mayor Harycki noted a downtown business owner called him earlier today offering to
underwrite a summer festival for this year if the City wants to do it. His bigger concern is that
there will not be a park if the Corps of Engineers project proceeds.
Councilmember Polehna reminded the Council that the parking lots are going to be redone and
there will be work on the grass and irrigation systems. He suggested the Council have a
workshop and talk about it as a group.
Councilmember Weidner agreed a workshop may help determine if Stillwater should be in the
event - planning business. He found survey results interesting and wants the public to understand
the potential for having a well -run event.
Councilmember Polehna stated he would like some research on what such events bring into the
community and how other communities handle events.
Mayor Harycki recalled staff did a report on other communities' events a few years ago.
City Administrator Hansen observed that Minneapolis, St. Paul, and Duluth probably have some
RFPs for events which City staff could request as examples.
Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to authorize a
workshop for the second meeting in March on whether and how to have a Citywide festival. All in
favor.
Possible approval of Iron Man Special Event
Community Development Director Turnblad reported that Hostelling International, USA wants
Stillwater and the St. Croix Valley to be the venue for its 47th annual charity cycling event in
Minnesota. There would be an estimated 4,000 -6,000 participants with some of the looped
routes going through Stillwater spread out throughout the day. City staff feels no contract is
necessary because City services are not impacted other than the need for traffic control at
several key intersections. As this would be the only City resource used, Police Chief Gannaway
can work out a price for traffic control without the need for a contract.
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City Council Meeting
February 19, 2013
Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to approve the Iron
Man Special Event with the condition that organizers work with Police Chief Gannaway. All in
favor.
Possible approval of feasibility study and calling a hearing on 2013 Street Improvement Project
(Project 2013 -02)
Public Works Director Sanders explained the project involves for mill and overlay: Churchill
from Third Street South to Greeley Street; Pine Street from Third Street South to Greeley Street;
and Myrtle Street from Main Street to Third Street South. Street reconstruction areas are Pine
Street from Broadway to Third Street South, Pine Street from Holcombe to Greeley Street,
William Street from Willard to Pine Street, and Martha Street from Willard to Pine Street. The
total estimated cost of the project is $1,263,400.92 including design, survey, inspection,
administration, and contingencies. The project will be financed through City funds and street
assessments at 50150. The proposed schedule is: public hearing March 19; approve plans
April 2; award bid May 7; construction May through August; and assessment hearing
September 17.
Mayor Harycki asked if it would be possible to include sidewalks on the portion of Everett
Street near the junior high athletic field in this project.
Public Works Director Sanders agreed to talk with the contractor about this.
Councilmember Polehna noted he is hearing lots of complaints about bump -outs at intersections.
Public Works Director Sanders replied that rain gardens are the best options for meeting water
quality requirements. They have to be done someplace, and will be put in locations where they
are visible to drivers.
Councilmember Weidner asked about the cost - effectiveness of assessments.
City Administrator Hansen replied the City is working with TIF funding which may last another
five years but this mechanism will need to be adjusted in the future.
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution
2013 -027, Receiving Report and Calling Hearing on 2013 Street Improvement Project (Project
2013 -02).
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
Possible approval of feasibility study and calling_ for a hearing on County Road Improvement
Project Project 2013 -04)
Public Works Director Sanders explained the feasibility study. The County is planning on doing
Orleans Street from Fourth Avenue South to Fourth Street South. Project estimate is $350,000.
The cost to the City will be $39,000 after assessing property owners for their portion of costs.
Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to adopt Resolution
2013 -028, Receiving Report and Calling Hearing on County Road Improvement Project (Project
2013 -04).
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
Page 8 of 9
City Council Meeting
COMMUNICATIONS/REQUESTS
February 19, 2013
Mayor Harycki noted that Interim Planner Douglas has previous experience working on a sign
ordinance in another community. He would like to have Ms. Douglas review the City's sign
ordinance for possible revisions in the industrial park and Highway 36 area.
COUNCIL REQUEST ITEMS
Councilmember Polehna noted the passing of Police Officer Josh Lynaugh who grew up in
Stillwater, which was a tragic loss for Officer Lynaugh's family, the community and the City of
St. Paul. He would like to send a sympathy card from the City Council to Off cer Lynaugh's
family.
ADJOURNMENT
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the
meeting at 9:08 p.m. All in favor.
ATTEST:
Larry D. Hansen cting City Clerk
Resolution 2013 -022, Authorizing a Loan Agreement with MAVACK, LLC
Resolution 2013 -023, Directing the payment of bills
Resolution 2013 -024, Approval of Cooperative Agreement between City of Stillwater and BCWD
for Settlers Glen Iron -Sand Filtration Project
Resolution 2013 -025, Accepting proposal from Larson Architects for architectural services for
Lowell Park Bathroom Project
Resolution 2013 -026, Approval of 2012 -2014 Labor Contract between the City of Stillwater and
American Federation of State, County and Municipal Employees Minnesota Council No. 5,
Local 517, AFL -CIO
Resolution 2013 -027, Receiving Report and Calling Hearing on 2013 Street Improvement Project
(Project 2013 -02)
Resolution 2013 -028, Receiving Report and Calling Hearing on County Road Improvement
Project (Project 2013 -04)
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