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Home My WebLink About2013-11-19 CC MIN' jvvater IMF 11RTNILR CE Of FIINR FFOfR CITY COUNCIL MEETING MINUTES November 19, 2013 REGULAR MEETING Mayor Harycki called the meeting to order at 7:03 p.m. 7:00 P.M. Present: Councilmembers Menikheim, Kozlowski, Weidner, and Mayor Harycki Absent: Councilmember Polehna Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of October 29 2013 regular and recessed meeting minutes and November 7, 2013 special meeting minutes Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to approve the October 29, 2013 regular and recessed meeting minutes and November 7, 2013 special meeting minutes. All in favor. OPEN FORUM James Cashman thanked the Council and especially Councilmember Kozlowski for hearing his concerns about the threat of his water being shut off on October 17. His water was not shut off. He noted that the Board of Water Commissioners has agreed to allow residents an option to have a non -radio read meter with a touchpad for an extra charge. He is very grateful for this decision because wireless devices pose a cancer risk. He felt that there should have been an opt out from the beginning. He is against the extra charge, which he will address with the Water Board. He hopes the City does not force any other wireless devices on residents. City Council Meeting November 19, 2013 Denise Hoffbeck, 206 South Owens Street, stated she has had health problems since the new water meter was installed in her home. She requested that the Council look into the health dangers of smart readers and consider banning the use of smart meters for gas, electric and water in Stillwater. She provided information on states that are banning these devices. STAFF REPORTS Police Chief Gannaway reminded the community that odd -even winter parking is in effect. He also indicated that the Department is participating in the Toys for Tots program with three drop - off sites: 2nd floor lobby of City Hall; Police Department lobby on the 1st floor, and one at Central Bank. Community Development Director Turnblad provided graphs related to economic development trends, generated by the databases the City is using. Retail occupancy downtown and in the business park area is beginning an upswing. Office occupancy is still trending down. City Administrator Hansen added that the City is happy to share the data with anyone interested. Public Works Director Sanders noted that parking lots downtown are paved and will be 90% done by the end of the year. He also reported on a meeting with downtown business owners about snow removal, and they would like to know costs for removing windrows and snow from sidewalks. The meeting ended with the understanding that the City will do a better job removing windrows this year. Finance Director Harrison reminded the Council that the Truth in Taxation Hearing will be held at 7 p.m. Tuesday, December 3, 2013. In regard to meeting with downtown business owners about snow removal, City Administrator Hansen stated that the majority of the people at the meeting requested stricter enforcement of the existing ordinance requiring snow and ice to be removed from public sidewalks 24 hours after the snow has ceased, otherwise the City will remove the snow and assess the property owner. Last year, there were some business owners who did not remove snow for the entire season, which was unfair to neighboring businesses. This year the ordinance will be more strictly enforced. A notice will be sent to businesses informing them that the City will be enforcing the ordinance. CONSENT AGENDA Resolution 2013 -180, directing payment of bills Resolution 2013 -181, approving list for professional historian services (demolition requests) Possible approval of temporary liquor license — Valley Chamber Chorale, Katherine Fristad applicant, December 13 -15, 2013 Resolution 2013 -182, reappointments to Library Board Resolution 2013 -183, resolution approving modification to impact fees for Browns Creek Preserve Resolution 2013 -184, approving release of drainage and utility easement quit claim deed, Greeley Street and Highway 36 area Possible approval of utility bill adjustments Resolution 2013 -185, accepting proposal and awarding contract for uniform and mat cleaning services Page 2 of 6 City Council Meeting November 19, 2013 Resolution 2013 -186, approving easement and agreement with Mark S. & Catherine N. Balay Resolution 2013 -187, approving renewals of on -sale, off -sale, club, wine, wine with strong beer, Sunday on -sale, on -sale 3.2 %, off -sale 3.2 %, micro brewer off -sale, micro brewer tap room liquor licenses and tobacco licenses for 2014 Resolution 2013 -188, resolution rescinding Resolution No. 2000 -156, adopting amended fire department emergency response policy Councilmember Menikheim asked to pull Resolution 2013 -182, reappointments to the Library Board. Motion by Councilmember Kozlowski, seconded by Councilmember Weidner, to adopt the Consent Agenda as amended. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Mayor Harycki Nays: None Councilmember Menikheim commended Tom Corbett, chair of the Library Board, Michele Cassavante, and Maureen Bell for doing a magnificent job on the Library Board. He also recognized all the volunteers serving on boards and commissions who deal with weighty issues, such as the Water Board. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt Resolution 2013 -182, reappointments to the Library Board. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Mayor Harycki Nays: None PUBLIC HEARINGS There were no public hearings. PROCLAMATION Mayor Harycki introduced a proclamation honoring Stillwater High School alumnus Nichole Beattie who has produced and written shows such as the most - watched cable show in history, The Walking Dead, proclaiming November 19, 2013 as Nichole Beattie Zombie Day. UNFINISHED BUSINESS Possible approval of TIF Agreement for Stillwater Caves LLC Community Development Director Turnblad reviewed the TIF Agreement that has been negotiated with Stillwater Caves, LLC, and is acceptable to City staff and the development team. The critical terms of the Agreement include: a) only 25% of the $1.15 million assistance offer (a total of $287,500) will be paid up -front at the closing for the project financing; b) the entire $1.15 million assistance package will be repaid to the City through tax increment; and c) the $287,500 will be escrowed with the developer's bank, and will stay with the bank until disbursed for qualified improvement costs. Page 3 of 6 City Council Meeting November 19, 2013 City Administrator Hansen noted that the upfront amount was reduced from 75% to 25 %. He feels the total amount is acceptable. City Attorney Magnuson added that qualified tax increment costs are those associated with demolition, sewer and water improvements, shoring up the structure, and similar items. Councilmember Menikheim expressed support for the Agreement. Councilmember Kozlowski added that the Agreement protects the City, protects the gateway into downtown and preserves a historically significant building. Community Development Director Turnblad explained the basics of tax increment financing for students in the audience. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt Resolution 2013 -189, a resolution authorizing a Tax Increment Financing Agreement with Stillwater Caves, LLC. Ayes: Councilmembers Menikheim, Weidner, Kozlowski, and Mayor Harycki Nays: None Possible approval of Ordinance 1062 an ordinance establishing a Water Management Tax District (first reading). City Attorney Magnuson explained that establishment of the Water Management Tax District eliminates double taxation of certain residents by the Watershed District and the Water Management Organization. Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to hold first reading of Ordinance 1062, an ordinance establishing a Water Management Tax District. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Mayor Harycki Nays: None NEW BUSINESS Possible adoption of resolution rescinding moratorium on new events Motion by Councilmember Kozlowski, seconded by Councilmember Weidner, to adopt Resolution 2013 -190, Resolution rescinding Resolution 2012 -046 enacting a moratorium on community -wide celebrations within the City of Stillwater and Resolution 2012 -191 extending moratorium on community -wide events within the City of Stillwater. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Mayor Harycki Nays: None Page 4 of 6 City Council Meeting November 19, 2013 Request from Tom Wortman to fund the Downtown Fagade Program Community Development Director Turnblad stated staff is asking for direction to investigate efforts to resurrect special legislation that in the past enabled TIF to fund low interest loans for facade renovation. City Administrator Hansen expressed dismay that the power to use TIF for low interest loans for facade renovation was removed by the legislature. He would not recommend funding the program with property tax dollars, but would like to explore other funding mechanisms to include approaching the legislature to request re- authorization of the use of TIF funds. Mayor Harycki added that he has discussed the issue with legislators and believes with more time, the effort to change the law could be successful. Possible approval of preparation of feasibility report for 2014 Street Improvements Public Works Director Sanders reviewed the proposed 2014 street improvements which will involve mill and overlay in the industrial park. Costs will be 100% assessed to affected property owners. Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to adopt Resolution 2013 -191, resolution ordering preparation of feasibility report for 2014 Street Improvement Project, Project 2014 -02. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Mayor Harycki Nays: None Possible approval of street project construction with Oak Park Heights Public Works Director Sanders informed the Council that the City of Oak Park Heights is planning a street reconstruction project over the next two years, including streets in the southeast corner of Stillwater that share a border with Oak Park Heights. There are 10 -11 properties in the City of Stillwater and the cost would be approximately $460,000. The City of Oak Park Heights is asking the City to participate in the cost of the project. Mayor Harycki asked if sidewalks might be added near Oak Park Elementary School. Public Works Director Sanders responded that the City may request that sidewalks be included. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to participate in the project with Oak Park Heights and direct staff to begin a public improvement project for the work. All in favor. COUNCIL REQUEST ITEMS Councilmember Menikheim reported that Spaces Magazine has done a 12 -page spread on Stillwater, as a result of an effort by the IBA and CVB to promote the City in the winter months. Additionally, the Pioneer Press will have an editorial in the 1st or 8th of December in the travel section. These efforts reflect people working together for the benefit of Stillwater. Page 5 of 6 City Council Meeting November 19, 2013 ADJOURNMENT Motion by Councilmember Kozlowski, seconded by Councilmember Weidner, to adjourn the meeting at 8:14 p.m. All in favor. Ken ATTEST: /f/� \�/ Gi��2�/7 ay-0, Diane F. Ward, City Clerk Resolution 2013 -180, directing payment of bills Resolution 2013 -181, a resolution pre- approving historian services related to demolition requests Resolution 2013 -182, reappointments to Library Board Resolution 2013 -183, a resolution amending Resolution No. 2013 -135B and the corresponding Development Agreement for Browns Creek Preserve Case No. 2013- 12 Resolution 2013 -184, approving release of drainage and utility easement Quit Claim Deed, Greeley Street and Highway 36 area Stillwater, MN Resolution 2013 -185, accepting proposal and awarding contract for uniform and mat cleaning services Resolution 2013 -186, approving easement and agreement with Mark S. & Catherine N. Balay Resolution 2013 -187, approving renewals of on -sale, off -sale club, wine, wine with strong beer, Sunday on -sale, on -sale 3.2 %, off -sale 3.2 %, micro brewer off -sale, micro brewer tap room liquor licenses and tobacco licenses for 2014 Resolution 2013 -188, Resolution rescinding Resolution No. 2000 -156 resolution adopting amended Fire Department emergency response policy Resolution 2013 -189, a resolution authorizing a Tax Increment Financing Agreement with Stillwater Caves, LLC Resolution 2013 -190, Resolution rescinding Resolution 2012 -046 enacting a moratorium on community -wide celebrations within the City of Stillwater and Resolution 2012 -191 extending moratorium on community -wide events within the City of Stillwater Resolution 2013 -191, Resolution ordering preparation of feasibility report for 2014 Street Improvement Project, Project 2014 -02 Page 6 of 6