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New Richmond City Council, July 7, 2008

City Council Proceedings

City of New Richmond

Mayor: David Schnitzler City Clerk: Joseph D. Bjelland

Aldermanic Districts

District 1: Frederick Horne

District 2: James Johnston

District 3: Roberta Dale-Wozniak

District 4: Jane Hansen

District 5: Ronald Volkert

District 6: James Zajkowskispecial COUNCIL MEETING, July 7, 2008 7:00 P.M.

Mayor Schnitzler opened the meeting by announcing that this was an open meeting of the Common Council. Notice of this meeting was given to the public at least 24 hours in advance of the meeting by forwarding the complete agenda to the official City newspaper, the New Richmond News, and to all news media who have requested the same as well as posting. Copies of the complete agenda were available for inspection at the City Clerk's office. Anyone desiring information as to forthcoming meetings should contact the City Clerk's office.

Roll call was taken.

Members Present: Mayor Schnitzler, Alderman Johnston, Dale-Wozniak, Hansen, and Volkert.

Members Absent: Alderman Zajkowski and Horne.

The Pledge of Allegiance was recited.

Alderman Dale-Wozniak moved to adopt the agenda as amended, seconded by Alderman Johnston and carried.

Establishment of Easements on Minnesota Avenue

Bob Barbian, Community Development Director, stated that he recently received an attorney's opinion that City utility easements on a vacated street will remain in effect after the vacation and no action is need on establishing easements on Minnesota Avenue. No action was taken.

Public Hearing on Vacation of Minnesota Avenue from West Fourth Street to West Fifth Street

Irv Sather and Kathleen Early, from the Multi Purpose Pathway Committee, expressed concerns about the vacation of Minnesota Avenue and the affect on the pedestrian and bicycle pathways currently along Minnesota Avenue. There were also concerns expressed about the dangerous crossing of Fourth Street and Minnesota Avenue and crosswalks were requested to be placed at this intersection.

Resolution #070801

Alderman Johnston offered the following resolution and moved for its adoption:




WHEREAS, pursuant to Section 66.1003 of Wisconsin Statutes, the Common Council has heretofore initiated proceedings on April 15, 2008 at a special meeting of the Common Council, to vacate and discontinue that portion of Minnesota Avenue lying South of West Fourth Street and lying North of West Fifth Street; and

WHEREAS, a public hearing on the passage of such resolution was set by the Common Council, which hearing was scheduled for July 7, 2008 at 7:00 p.m. in the Council Chambers, and written notice of such meeting was duly served on the owners of all of the frontage of the lots and lands abutting upon that portion thereof sought to be discontinued as provided by law; and

WHEREAS, the City Council held the public hearing pursuant to said notice at the time and place therefore affixed and all persons so served and interested were then and there given an opportunity to be heard; and

WHEREAS, such vacation of that portion of Minnesota Avenue shall allow the growth of a grocery store to add an addition and remain competitive in the Downtown; and

WHEREAS, the overall growth of the City of New Richmond, its downtown commercial district and the adjacent neighborhoods are strengthened by such action.

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of New Richmond that it is hereby declared that all that part of Minnesota Avenue lying South of West Fourth Street and lying North of West Fifth Street, more particularly described in the legal description attached hereto as Exhibit A, is hereby vacated and discontinued, provided that pursuant to Section 66.1005 Wis. Stats. such vacation shall not terminate the easements acquired and the rights of the public in any of the above-ground and underground structures, improvements or services for utilities not relocated by Nash Finch or otherwise existing in said public way and in said description of lands hereinbefore described, but such easements and rights and all rights of entrance, maintenance, construction and repair with reference thereto shall continue as if such public way had not been vacated.

BE IT FURTHER RESOLVED that this vacation and discontinuation of a portion of Minnesota Avenue is conditioned upon the following:

1. That Nash Finch acquires fee title ownership of the real estate located at 415 and 431 Minnesota Avenue and the parcel located at 205 West Fifth Street, New Richmond, Wisconsin.

2. That Nash Finch has a Certified Survey Map created, approved and submitted to the New Richmond City Clerk for recording, to combine the parcels 415 and 431 Minnesota Avenue with the parcel located at 205 West Fifth Street into a single lot which then abuts West Fifth Street.

3. That Nash Finch enters into a Land Swap Agreement with Richard Berquist, the terms of which are acceptable to Nash Finch and Berquist.

4. That Nash Finch enters into a roadway easement and operating agreement that provides a single access point to West Fourth Street for both the Berquist property and the Nash Finch property, the terms of which are acceptable to Nash Finch and Berquist, and with access that is acceptable to the City of New Richmond.

5. That Nash Finch and the City of New Richmond enter into an agreement to relocate any utilities which will need to be moved to accommodate the Nash Finch store expansion and also require Nash Finch to remove the buildings and convert the land on the three parcels being acquired by Nash Finch to parking, as described above. Easements shall be provided for any relocated utilities as needed.

BE IF FURTHER RESOLVED that upon evidence of satisfaction of the above-stated conditions from the City Engineer, the City Clerk is directed to record in the St. Croix County Register of Deeds Office, a certified copy of this Resolution including the legal description of the vacated street, a copy of a map showing the locations thereof and a statement from the City Engineer showing that the above-stated conditions have been met. Within seven (7) days after written request from Nash Finch, the City Engineer shall determine if the above-stated conditions have been satisfied, and if they have been satisfied, the City Engineer shall provide evidence to the City Clerk of satisfaction, and if they have not been satisfied, the City Engineer shall provide Nash Finch with specific requirements needed to satisfy the remaining conditions.

Motion was seconded by Alderman Hansen and carried.

Alderman Johnston moved to amend the resolution adding condition number 6 as follows:

6. That Nash Finch and the City enter into an agreement to address pedestrian access through the property between Fourth and Fifth Street through an easement or other means acceptable to Nash Finch and the City.

Motion was seconded by Alderman Hansen and carried.

Resolution #070802

Alderman Johnston offered the following resolution and moved for its adoption:




WHEREAS, the Community Development Authority of the City of New Richmond, Wisconsin (the "Authority") is a community development authority organized by the City of New Richmond, Wisconsin (the "City"), and existing under and pursuant to Section 66.1335, Wisconsin Statutes, and is authorized by Sections 66.1335, and 66.1333, Wisconsin Statutes, as amended (hereinafter sometimes collectively referred to as the "Act"):

(a) To prepare, carry out, acquire, contract with respect to and/or operate redevelopment projects;

(b) To issue bonds to finance its activities under the Act; and

(c) To do all things necessary or incidental to carry out the purpose of the Act; and

WHEREAS, Pit Hog Properties II, LLC, a Maryland limited liability company (the "Borrower") wishes to construct an addition to, and expand and improve, the facility in the City owned by it and acquire and install equipment for such facilities (the "Project"), which Project will be leased to and operated by Liquid Waste Technologies, LLC, a Maryland limited liability company (the "Tenant") for use in connection with the Tenant's business of manufacturing dredge products and related manufacturing and service activities; and

WHEREAS, the Authority has previously adopted a resolution declaring its intent to assist the Borrower with respect to the financing of the Project by issuing Bonds to finance the Project; and

WHEREAS, in the Resolution establishing the Community Development Authority of the City of New Richmond, this Common Council provided that the Authority is required to have prior approval by the Common Council before specific actions are taken with respect to certain matters including the issuance of debt; and

WHEREAS, the Borrower desires to obtain financing for the Project and has requested that the Authority issue revenue bonds in an aggregate principal amount not to exceed $1,500,000 to finance the Project, which Bonds and interest thereon shall never constitute an indebtedness of the Authority or of the City within the meaning of any State constitutional provision or statutory limitation, shall not constitute or give rise to a pecuniary liability of the Authority or the City or a charge against their general credit or the taxing powers of the City, and shall not constitute or give rise to any personal liability of any member of this body or of any officers or employees of the Authority on the Bonds or for any acts or omission related to the authorization or issuance of the Bonds; and

WHEREAS, it is desirable and in the public interest for the City and the Authority to encourage and promote the development of manufacturing projects such as the Project in order to realize public benefits such as, but not limited to, the provision and retention of gainful employment opportunities for the citizens of the City and the maintenance or improvement of economic value.


1. The Common Council hereby approves the issuance by the Authority of Bonds for the Project in an amount not to exceed $1,500,000.

2. The Mayor is authorized to approve the issuance of the Bonds for the purposes of Section 147(f) and other applicable provisions of the Internal Revenue Code of 1986, as amended, following his review of the report to be submitted to him by the Authority regarding the public hearing to be held by the Authority with respect to the issuance of the Bonds.

Motion was seconded by Alderman Dale-Wozniak and carried.

TIF District # 9 Economic Development Policy

Bob Barbian would like to develop a policy for TIF reimbursement for new potential development. Alderman Johnston would like Bob to bring back a formal policy that includes potential reimbursement percentages, maximum terms for reimbursement and a list of eligible TIF expenses. No action was taken.


Mayor Schnitzler mentioned that the Chamber of Commerce is still looking for volunteers for Fun Fest.

Alderman Johnston moved to adjourn the meeting, seconded by Alderman Hansen and carried.

Meeting adjourned at 8:20 p.m.

Joseph D. Bjelland,