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CITY COUNCIL REGULAR MEETING MINUTES
September 17, 2013
REGULAR MEETING
Mayor Harycki called the meeting to order at 7:05 p.m.
7:00 P.M.
Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Absent: None
Staff present: City Attorney Magnuson
City Administrator Hansen
Deputy Fire Chief Ballis
Police Chief Gannaway
Public Works Director Sanders
Finance Director Harrison
Community Development Director Turnblad
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Possible approval of August 27 2013 Special Meeting and September 3 2013 regular, recessed and
executive session meeting minutes
Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to approve the
August 27, 2013 special meeting, and September 3, 2013 regular, recessed and executive session
meeting minutes. All in favor.
OPEN FORUM
There were no public comments.
STAFF REPORTS
Community Development Director Turnblad reported that a combined trash enclosure has been
proposed for the Water Street Inn and the Gulf gas station. If the Council agrees with the
location, Mr. Dougherty will submit design plans to the Heritage Preservation Commission for
review. Councilmembers Menikheim, Polehna and Mayor Harycki voiced support;
City Council Meeting
September 17, 2013
Councilmember Weidner stated he is opposed because the location is not where the developers'
agreement stated it should be. It will be brought to the Heritage Preservation Commission.
Community Development Director Turnblad requested volunteers for a selection committee to
review proposals for a summer festival, which are due September 25; Councilmembers
Menikheim & Kozlowski volunteered. For possible event coordinators, Mayor Harycki
suggested Russ Corbula of New Richmond, and Councilmember Weidner suggested the
coordinator of the Iron Man Bike Race.
Public Works Director Sanders updated the Council on Downtown projects. The Corps is done
with most of the work on the parking lots; it will probably be completed in mid - October. He
also discussed possible impacts of increasing the assessment percentages on street improvement
projects. The City has been using a 50% assessment rate for all street projects in the City, except
the Industrial Park which is 100 %. Projects from the last three years were analyzed, using the
residential unit rate for full reconstruction and for mill and overlay projects as the basis. More
information will be brought back to the Council at a future meeting.
CONSENT AGENDA
Resolution 2013 -153, directing payment of bills
Resolution 2013 -154, amending Resolution 2013 -111, amending Section 10 -5 Family Care
Leave of City of Stillwater Personnel Policy
Possible approval of placement of Fire Prevention signs — Fire Department
Resolution 2013 -155, approving special event and contract for Fall Jazz and Art Festival
Resolution 2013 -156, approving increase to railroad lease payment
Resolution 2013 -158, approving Agreement between the City of Stillwater and St. Croix
Catering, Inc. for Management of the St. Croix Sports Complex and Lily Lake Arena
Resolution 2013 -159, approving assignment agreement with the Veterans' Memorial
Committee for 2014
Possible approval of quote from Roof Tech to repair roof on Blizzard Rink — Recreation
Center
Resolution 2013 -160, approving 2012 -2014 labor agreement with Minnesota Teamsters
Public and Law Enforcement Employees' Union, Local 320 representing Stillwater
Public Managers' Association
Resolution 2013 -161, approving appointments to Library Board
Councilmember Menikheim requested discuss Resolution 2013 -155, approving special event
and contract for Fall Jazz and Art Festival, regarding the location.
City Engineer Sanders clarified that when the original permit application was submitted to use
the south end of Lowell Park, he was uncertain what the status of construction would be at that
time, and recommended the Chamber consider alternate locations. About two weeks ago, the
determination was made that the south end of Lowell Park would work for the event.
Todd Streeter of the Stillwater Chamber stated he was informed by the Parking Commission
that they prefer the event use the north end of Lot 9 and that the Council might consider waiving
the fee. Lot 9 does not have adequate power for the event, but Lot 7 would serve adequately,
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City Council Meeting
September 17, 2013
which Mr. Streeter conveyed to Community Development Director Turnblad, asking if the
Council could waive the fee.
Public Works Director Sanders stated that some construction would be taking place on the west
side of Lot 7 and asked Mr. Streeter to provide a layout that would not inhibit the construction.
Mr. Streeter stated that he could move the booths to the east and requested that Water Street
from Myrtle to Mulberry be closed for the Art Fair.
City Clerk Ward stated that the contract will need to be changed to reflect the changes and reminded
Mr. Streeter that the revised drawing should be submitted as soon as possible as the application is
part of the contract.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt the Consent
Agenda with the changes discussed granting the Fall Jazz and Art Festival.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
PUBLIC HEARINGS
There were no public hearings.
UNFINISHED BUSINESS
Request by Corey Burstad on behalf of Stillwater Caves LLC for TIF assistance to redevelop
Joseph Wolf Block at and around 402 South Main Street
Community Development Director Turnblad reviewed that Stillwater Caves, LLC has submitted
an application for $1.15 million in TIF assistance to redevelop the historic Joseph Wolf Block
into a 37 room boutique hotel, a 60 -80 seat restaurant, and up to 4,000 square feet of retail
space. A TIF district would have to be created in order for the City to capture the increment for
repayment purposes. Proformas were received, indicating that without TIF, the project is not
economically feasible. The market analysis states that with increased exposure over time the
project would be financially successful with the contribution of TIF. Staff recommends
conceptual approval of the TIF assistance request and authorization to initiate the establishment
of TIF District #11.
Mayor Harycki expressed concern about the $475,000 up front funding, saying it removes the
economic incentive for the project to succeed. He feels the forecasted 11% growth rate is
unrealistic and taxpayer dollars should not be tied up in a very risky project.
Councilmember Weidner inquired why not use pay -as- you -go TIF to reduce the risk to the City,
but still accomplish work on the fagades, and Troy Hoekstra, representing the owner, responded
that $477,000 represents part of the fee, dollars that are staying in the project. Because the
building is collapsing in certain areas, it is not investable or bankable without getting it to a
break -even status, which would not work with pay -as- you -go financing. The four buildings are
the doorstep to the city; if something is not done to repair the buildings in the next two years
they are going to cave in. When it rains, the water runs through the building. $1.15 million on
the front end gets the project to the point where it can move forward.
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Councilmember Menikheim asked what the risk to the City is, and Mr. Hoekstra responded that
from a financing standpoint, the risk is defined by the bankability of the project and the
investors who stand behind the investment. He reiterated that without TIF, the project will not
work. No one is walking away from a closing with any dollars on the project.
City Attorney Magnuson explained that the pay -as- you -go method was used for the Lofts, Terra
Springs, and 95% of all the projects that have been created over the years. A pledge of the
increment is taken to the bank and a bond is sold that is supported by the flow of increment. The
bonds are all privately placed, supported by the pay -as- you -go increment. Thus the full faith and
credit of the City is not pledged and the developer takes the credit risk, not the City.
Mr. Hoekstra remarked that part of the problem is adhering to the historical building
requirements. Common sense would be to bulldoze it and start over, but instead, developers
have the burden of restoring parts of the building that are in disrepair. There is an additional
$250,000 that must be spent to make the building structurally stable.
On a question by Councilmember Weidner about additional costs because of the HPC and City
requirements, and Corey Burstad, developer, replied that developers have had to forego the state
and federal tax credits available because they would not have a functioning operation if they
adhered to the standards, such as maintaining a staircase that went nowhere. It would have taken
another year to a year and a half just to get through that process. He welcomed the
Councilmembers to tour the buildings.
Mr. Hoekstra added that he estimated about $2 million in additional costs would result from
meeting the HPC and City requirements. Total construction costs will be $6.2 million.
Councilmember Weidner added that he supports the use of TIF funds to bring the building up to
the historical standards of City.
Councilmember Kozlowski asked, what would be the worst case scenario that could cause the
City to not get the funds back, and City Attorney Magnuson responded if the project is built, it
will generate taxes. Even if the bank forecloses, the bank would own the property and would
pay taxes. If taxes are not paid, then the City would not receive the increment.
Councilmember Kozlowski agreed that the building is a door to Main Street and he would hate
to see it collapse - that would not help the City in any way.
Councilmember Menikheim stated he understands there are risks, but feels there is benefit in
moving forward with the project.
Mayor Harycki expressed that he is reluctant to invest taxpayer dollars in the project, even if it
is TIF. He worries that everyone on Main Street will want TIF. He could see sharing in some of
the special costs for building repairs, perhaps as a forgivable loan as in fagade programs that the
City has coordinated.
Mr. Hoekstra stated there are probably 20 categories in the report, like the growth rate, that need
to be explained in detail. There is a lot more to it than a pie -in- the -sky number -- it is a science.
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City Council Meeting
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Mayor Harycki reiterated that he is not a fan of spending taxpayer dollars and is not ready to
vote in favor of conceptual approval.
Councilmember Menikheim reminded the Council that this building could be an anchor for the
City and if the City invests TIF, there will still be some way for it to be returned.
City Attorney Magnuson stated cities that have gotten in trouble are those that front -end these
types of projects by selling a bond to obtain the cash to make available to developers. The risk
with that is if the project falls flat, the City is obligated to pay the general obligation bond with
taxes. Stillwater is very fortunate to have some funds that can be used for this; however the risk
is that there would be no taxes paid.
Councilmember Kozlowski stated he feels the project seems appropriate for TIF and felt that the
details can be flushed out in the development agreement.
Councilmember Polehna questioned the estimate for tuck - pointing and the need for exterior
rehabilitation - the front of the building is beautiful. He is nervous about up- fronting the money.
Mr. Burstad and Mr. Hoekstra stated they would arrange a date for the Council to tour the
buildings, which City Clerk Ward will notice as a special meeting.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Harvest Fest Special Event and Contract and gpproval of temporary liquor license associated with
event held by Stillwater Oak Park Heights CVB — Cory Buettner
Cory Buettner, applicant, explained that the only change from last year is the request for
permission to sell alcohol on Sunday from noon until 6 p.m. The event will be in south Lowell
Park.
Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to adopt Resolution
2013 -157, approving the 2013 Harvest Festival Special Event and Contract.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
UNFINISHED BUSINESS CONTINUED
Discussion on Economic Development Advisory Committee
Mayor Harycki stated that downtown business people asked to table the discussion for further
input.
Motion by Mayor Harycki, seconded by Councilmember Menikheim, to table establishment of an
Economic Development Advisory Committee. All in favor.
Update on Downtown Lighting
Community Development Director Turnblad reviewed the City's existing ordinances and design
guidelines to determine the process for permitting the lighting suggested by the Downtown
Revitalization Committee's subcommittee on ambience. Any permanent lighting downtown
must meet some basic standards about shielding the source of light, not creating glare, and not
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City Council Meeting
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beaming like a spotlight. Private property owners that meet certain parameters may obtain an
electrical permit based on value. Properties on or contributing to the National Register require a
design permit from the Heritage Preservation Commission.
Possible approval of resolution relating to Community Beautification Fund
City Administrator Hansen presented revisions to the Downtown Beautification Fund language
making it community -wide.
Councilmember Polehna clarified that his goal is not to take $15,000 from downtown area. He
still believes the City needs to contribute the $15,000 to the downtown, but he wants to also
accommodate future donations that might be intended to apply to the whole City.
Councilmember Menikheim indicated that at the moment, the most important focus should be
on the downtown area because the fund was set up for that purpose.
Councilmember Polehna recognized Councilmember Menikheim's statement, however he felt
that the resolution should provide the opportunity to individuals to donate to the fund to clean
up and beautify the entire City not just Downtown.
Councilmember Menikheim replied that he feels the Downtown is the big picture for Stillwater.
City Administrator Hansen suggested amending the language to state that the City will put
$15,000 annually into a Downtown Beautification Fund and leave the other language changes.
Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to adopt Resolution
2013 -162, establishing policies related to Community Beautification, as amended.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
NEW BUSINESS
There was no new business.
COUNCIL REQUEST ITEMS
Beyond the Yellow Ribbon Update
Councilmember Polehna informed the Council that $20,000 has been raised to host the October
19 pheasant hunt for the troops. 80+ troops are signed up.
Councilmember Weidner referred to the minutes from the budget meeting regarding the library,
and indicated that he would like to discuss with the Library Board the issues of whether or not
the County should operate the library, and whether the County would be interested operating it.
Councilmember Polehna stated he met with Public Works Directors Sanders and Superintendent
Moore to look at the amphitheater with the high school theater teacher who provided some
ideas.
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City Council Meeting
ADJOURNMENT
September 17, 2013
Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adjourn the
meeting at 8:44 p.m. All in favor.
ATTEST:
Diane F. Ward, City Clerk
Resolution 2013 -153, directing payment of bills
Resolution 2013 -154, amending Resolution 2013 -111, amending Section 10 -5 Family Care
Leave of City of Stillwater Personnel Policy
Resolution 2013 -155, approving special event and contract for Fall Jazz and Art Festival
Resolution 2013 -156, approving increase to railroad lease payment
Resolution 2013 -157, approving the 2013 Harvest Festival Special Event and Contract
Resolution 2013 -158, approving Agreement between the City of Stillwater and St. Croix
Catering, Inc. for Management of the St. Croix Sports Complex and Lily Lake Arena
Resolution 2013 -159, approving assignment agreement with the Veterans' Memorial
Committee for 2014
Possible approval of quote from Roof Tech to repair roof on Blizzard Rink — Recreation
Center
Resolution 2013 -160, approving 2012 -2014 labor agreement with Minnesota Teamsters
Public and Law Enforcement Employee's Union, Local 320 representing Stillwater
Public Manager's Association
Resolution 2013 -161, approving appointments to Library Board
Resolution 2013 -162, establishing policies related to Community Beautification
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