CITY OF ST. CROIX FALLS

MINUTES OF THE REGULAR COMMON COUNCIL MEETING

OCTOBER 10, 2005, 7:00 P.M.

CITY HALL, 710 HWY 35 SOUTH

 

                            

CALL TO ORDER                                       

Mayor Lee Uhrhammer called to order a regular meeting of the City of St. Croix Falls Common Council on Monday, October 10, 2005 at 7:08 p.m.  Roll call: Councilpersons Darrell Anderson, Bill Kersch, and Debra Points were present.  Jon Cermin was absent.  Also present: Administrator Ed Emerson, Clerk Bonita Leggitt, Treasurer Jamie Carlson, Attorney John Schneider, Police Chief Paul Lindholm, Fire Chief Dale Anderson, Chris Strom of Cedar Corp, the public and the press. All Present joined in the salute to the flag.  

 

APPROVAL OF MINUTES

Bill Kersch moved to approve the Minutes of the September 26, 2005 Regular Council Meeting, second by Darrell Anderson, voice vote, motion passed. 

 

PUBLIC COMMENTS

Clarence Nelson, Taylors Falls: proposed development is a six story monolith, not consistent with small historic town character, I object to development as proposed, it is massively out of scale.  This development is un-screen able at this size along river and doesn’t fit your characteristics and Character Code, it is the wrong pattern to set for future.

Meg Luhrs & Leif Bjornson: adjoining property owners to north, high end residential is good for down town and proposed development is attractive, but overall structure is too large.  Would like to see project scaled down and moved away from north property line.  Is alley being vacated? If so, would like to see alley to north vacated also.  Majority of people aren’t aware of size of this proposed development, it would be the biggest building town other than the hospital, all residents and neighboring jurisdictions should be permitted to scrutinize the project.  Project doesn’t meet spirit of Community Character Code and should wait for Plan Commission to complete their review.   Was a Conditional Use Permit issued for residential use, did they get a Conditional Use Permit?

Tom & Dawn DeCasper: in process of purchasing house across the street, concern is how will construction be handled, noise, street blockage, debris clean up, what kind of rules and actions are in place and will they be enforced?  It is a large project for the size of the property, how will it all fit?

Becky Olmstead: we have visited similar development and found it beautiful; would enhance City and allow more people to enjoy the beauty of our views.  Architectural features have been incorporated into plan, it is a Commercial Zone and mixed Commercial and Residential use is good for down town.

Mark Olmstead: proposed development sits at apex of upper and lower Scenic River; along side Indianhead Glass and Power Dam, both large structures.  Have negotiated with Xcel Energy for a public path through their river front property.  The DNR has seen our plan.  Property is zoned General Commercial and has no height restriction.  Plan has been presented to Plan Commission 3 times and is now in front of the Council, we have met every condition put upon us, there has been 4 months for review and comments on this project.  The issue raised at the last Plan Commission meeting has been addressed and agreement shared with Plan Commissioners.

Ed Emerson: issue at Plan Commission meeting where this was tabled is addressed in Developers Agreement, the project is a Planned Unit Development and is addressed as such in agreement.

 

REPORTS OF CITY OFFICIALS

The August 2005 Police Report was presented by Police Chief Paul Lindholm.

The August 2005 Fire Department Report was presented by Fire Chief Dale Anderson.

 

APPROVAL OF CLAIMS

General $35,988.20, Park & Rec. $68.05, Library $2,072.03, Debt Service $61,495.75, Water $5,433.84, Sewer $5,108.58

Bill Kersch moved to approve claims, second by Debra Points, roll call vote, 3 ayes, 1 absent, motion passed.

 

NEW BUSINESS

Public Hearing to Vacate an Alley Located in Block 56, First Addition

Debra Points moved to open the public hearing, second by Bill Kersch, voice vote, motion passed.

All the property owners in Block 56, First Addition, have signed a petition requesting that the undeveloped alley in that block be vacated.  No objections were made.

Debra Points moved to close the public hearing, second by Bill Kersch, voice vote, motion passed.

 

Consider a Resolution to Vacate & Discontinue an Alley in Block 56, First Addition

Debra Points moved to adopt Resolution #05-35 to Vacate and Discontinue the alley in Block 56, First Addition, second by Darrell Anderson, roll call vote, 3 ayes, 1 absent, motion passed.  

 

Debra Points moved to take a break, second by Bill Kersch, roll call vote, motion passed.

Debra Points moved to reconvene the meeting, second by Darrell Anderson, voice vote, motion passed.

 

Debra Points moved to move agenda item 8l to next on the agenda, second by Darrell Anderson, voice vote, motion passed.

 

Consider Request for Temporary Sign/Banners for Salvation Army

Duana Bremer, Chair of the Polk Co Branch of the Salvation Army requested permission to put up a banner across main street and a temporary sign in the open space in front of the old Wal-Mart, Bill Greene has given permission for the sign in the open space contingent upon City approval.  The signs would be up from November 23 through the end of December and are to promote our kettle campaign.  

It was questioned if the banner would interfere with Christmas swags and who would put it up.  It could be placed along the railing near Indianhead Glass and Overlook Park as an alternative. 

Duana Bremer requested the City’s assistance in putting up the banner.

Debra Points moved to approve the erection of temporary signs for the Salvation Army from November 23 through December 31 with the banner being placed in the alternative location, second by Darrell Anderson, roll call vote, 3 ayes, 1 absent, motion passed.

 

Consider Approval of Preliminary Budget and Set Date for Final Budget Hearing

City Treasurer Jamie Carlson went over changes in the draft budget.  The draft budget has been submitted to the City Auditor.  All State numbers have been received and are reflected in the draft budget.   Due to the new State imposed levy limits there is a potential short fall of $81,000 between expenses and income, the shortfall could be covered by undesignated funds.   We won’t have final numbers to complete the budget and determine mil rate until after the State has received the results of the Board of Review which is scheduled for October 24th, it is estimated that we will have the numbers back from the State two weeks after that.  It is proposed that the budget hearing be held on November 16th.

Debra Points moved to approve the Preliminary Budget and to set the Budget Hearing for November 16, 2005, second by Bill Kersch, voice vote, motion passed.

 

Consider Approval of Developers Agreement with Mark Olmstead, Approving a Planned Unit Development and Setting Conditions for a Condominium Development, N Washington St

Attorney John Schneider: Plan Commission held Public Hearing and only had one issue regarding slopes whereby this was tabled, rest of plan was accepted.  The issue regarding slopes is addressed in Developers’ Agreement. 

Bill Kersch questioned if the trail would be accessible to foot and bike traffic and if the alley would still be public or would it be blocked?

Meg Luhrs: is site being re-zoned for multi-family? Is alley is being vacated, if so request that alley to north be vacated also, has a Conditional Use Permit for residential use been issued?

Warren White questioned if blasting will be needed for project.

Mayor Uhrhammer: there is no intention to vacate the alley.  Item 3e of the Developers Agreement addresses waiving of Park Fees due to public improvements being made.

Ed Emerson: Developers Agreement calls for a Covenant that will come back to City for review that residents will have to agree to, where hours that the public areas will be open will be designated.  Suggest that a pre-construction meeting be held to address impact on main street during construction. 

Darrell Anderson: plan has been reviewed and Developer has done everything requested, proposal is for a high end development that will help out the down town. 

Debra Points read a statement by Jon Cermin pointing out that the property is Zoned General Commercial, Developer has met stipulations of City, proposed development would be good for City tax base, proposed development is large but meets City Codes, size overshadows neighbors to north, line, not possible to screen totally from view, property owner is entitled to develop their property.

Debra Points: What has the Plan Commission approved?  "Sketch plan and Concept Plan"   Did the Plan Comm. table this issue at their last meeting? "Yes, based on a slope issue that needed a variance".

Has that issue been cleared up? "Yes".  How many feet are between the corner of Leif's building and the corner of Mark's proposed building? "66ft"   Is Leif's building right to the edge of his property line? "Yes".  Does our zoning code allow in the commercial district a building right to the lot line?  "Yes"

Are there any height restrictions? "No"   Are there any size requirements? "No"   Has Mr. Olmstead met all the 19 stipulations put before him in this process? "Yes"   Even though the Plan Commission tabled this issue for the above mentioned reason, does the Council now have the right to make a decision on this project? "Yes"  John Schneider explained that because this had gone to Public Hearing, even though it was tabled, the Council as governing body now had it before them and rightfully so, to make a ruling.  Have all the entities that need to be involved, been involved? "Yes"   Was there DNR approval? "Yes"   Was there National Park Service approval? "Yes"   Is their an economic advantage to be gained for our downtown business district? "Yes"   Can we possibly gain an anchor business that will support the health and vitality of the downtown in the event that we lose other anchors such as the Cinema or Festival Theatre? "Yes"   Has Mark Olmstead and Blake and Assoc. met needs determined by the City such as parking issues? "Yes"   As the Master Plan for the downtown has been in place for approx. 12 years and progressed, and now we're focusing on the River Walk and pathway to the National Park Service Headquarters, has Mark Olmstead agreed to put the path and improvements to public space in at his own expense for public use? "Yes".

THE FOLLOWING QUESTIONS WERE ESPECIALLY DIRECTED TO JOHN SCHNEIDER, CITY ATTY:   Have we followed all our procedures or protocol properly? "Yes"   Do we have any legal recourse to deny this project from moving forward? "No"  

Mark Olmstead: plan is for an 8’ wide path that Xcel Energy has granted easement for, path would be gated off at night, site is primarily fill, alley is only being utilized as noted in Agreement, size of project is needed to off set cost of under ground parking and public improvements.

Debra Points asked each member of the Common Council if they had any other questions or comments, of which they replied, “No”.  Debra Points asked Mayor Lee Uhrhammer if he had any further concerns or comments, to which he responded “No”, by shaking his head.

Debra Points moved to approve a Developers Agreement with Mark Olmstead approving the Planned Unit Development and setting conditions for a Condominium Development on N Washington St with the pedestrian path being a combined bike and walkway, second by Darrell Anderson, roll call vote, 3 ayes, 1 absent, motion passed.

 

Consider Amending Washington St Assessment for Falls Orthodontics

Chris Strom: Falls Orthodontics paid to have new sidewalks extended to their property along Washington St during Phase II, credit for sidewalk works out to 9.4% of the costs assessed, resulting in a reduction of $1.45 per foot of frontage.

Bill Kersch moved to approve amendment to assessments for Washington St per revised Schedule C, second by Debra Points, roll call vote, 3 ayes, 1 absent, motion passed.

 

Consider an Agreement with Life Link EMS for Shared Garage Space

Agreement spells out details of shared use with Life Link and City for a garage facility for ambulances and police vehicles, Life Link will be responsible for utilities and the City for snow removal.

Darrell Anderson moved to approve the Agreement with Life Link EMS, second by Bill Kersch, roll call vote, 3 ayes, 1 absent, motion passed.

 

Consider Liquor License Application – Dalles House Restaurant

Sonya Fry was present to represent the new owners of the Dalles House Restaurant and their application for a Class B Liquor and Beer License, will be opening on October 22, 2005.

Bill Kersch moved to approve a Class B Liquor and Beer License for the Dalles House Restaurant, second by Darrell Anderson, voice vote, motion passed.

 

Consider Mowing Contract Extension with Gunderson Lawn Care

Average cost of mowing of City properties over past 3 years was $16,000.  There is a list of properties to be mowed that is updated each year as needed.  It has been proposed to extend the current contract with a 10% increase in 2006 and 3% in 2007 and 2008.

Debra Points moved to adopt Resolution #05-36 Extending the Lawn Mowing Contract with Gunderson Lawn Care, second by Darrell Anderson, roll call vote, 3 ayes, 1 absent, motion passed.

 

Consider a Request for No Parking on Louisiana St from Simonson Rd East to City Limits and Simonson Rd from Louisiana St to Maryland St

The Polk County Fair Society has requested that Louisiana St from Simonson Rd east to the City Limits and Simonson Rd from Louisiana St north to Maryland St be designated no parking. 

Darrell Anderson moved to approve a request for No Parking on Louisiana St from Simonson Rd to City Limits and on Simonson Rd from Louisiana St to Maryland St, second by Bill Kersch, roll call vote, 3 ayes, 1 absent, motion passed.

 

Consider Mayoral Appointment to Park & Recreation Committee

Debra Points moved to confirm the appointment of Bob Nickels as the Lions’ Club representative to the Parks and Recreation Committee, second by Bill Kersch, voice vote, motion passed.

 

Consider Authorizing Payment for Festival Theatre Building Repairs/Upgrade

Warren White: door closures have been installed on the doors between the theatre lobby and library at the Library’s request, they have also been installed on doors to the stage floor, for a total cost of $1,850.00.  A meeting is also being set up with a consultant to get Historic designation for the building; the City will be invited to the meeting.  Festival Theatre is requesting the City’s aid.

Bill Kersch moved to utilize undesignated funds to pay for the door closures, second by Debra Points, roll call vote, 3 ayes, 1 absent, motion passed.

 

COMMUNICATIONS AND MISCELLANEOUS BUSINESS

Mayor Uhrhammer attended the Eagle Scout Award ceremony for Erin Bloomer earlier this afternoon.  Zilmer Park was dedicated Saturday.  An informational meeting on proposed improvement to Louisiana St will be held on Oct 18th.

 

ADJOURNMENT

Bill Kersch moved to adjourn the meeting, second by Debra Points, voice vote, motion passed.  Meeting adjourned at 10:05 pm.

 

Bonita Leggitt, City Clerk