CITY OF ST. CROIX FALLS

MINUTES OF THE REGULAR COMMON COUNCIL MEETING

NOVEMBER 1, 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 Tuesday, November 1, 2005 at 7:11 p.m. Roll call: Councilpersons Darrell Anderson, Jon Cermin, Debra Points and Bill Kersch were present. Also present: Administrator Ed Emerson, Clerk Bonita Leggitt, Attorney John Schneider, Treasurer Jamie Carlson, Public Works Director Dennis Neva, Fire Chief Dale Anderson, Charlie Jones, Wendy Sander and Chris Strom of Cedar Corp, the public and the press. All Present joined in the salute to the flag.

APPROVAL OF MINUTES

Debra Points moved to approve the Minutes of the October 10, 2005 Regular Council Meeting with the addition of “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 Uhrhammer if he had any further concerns or comments to which he responded No by shaking his head”, seconded by Darrell Anderson, voice vote, motion passed.

PUBLIC COMMENTS

Mark Sabel and John Edling spoke in support of the Olmstead Project for Condos on N Washington St, development would add to tax base and is needed down town.

Residents Marilyn Brissett, LeAnn Kuhlmann, Paul Kuhlmann, Bret Garrison, Greg Ward, Lisa Desmet, Debra Kravig, Meg Luhrs, Arne Lagus, and Leif Bjornson spoke in opposition to the project, project is too large and size out of scale for area, will not be able to screen from view, will change nature of St Croix Falls, giving away park land should require rezoning and public hearing, storm water rain garden should be on developers land, not city land, process proceeding to fast, why didn’t issue go back to Plan Commission after C.U.P. was tabled, plan has changed continuously, concerns about 0 lot line, project shouldn’t use public alleyway, people don’t comprehend project, covers entire property.

Clarence Nelson, Loren Caneday, and Kirsten Anderson of Taylors Falls spoke in opposition to the project, proposed structure is out of scale and out of context of Community Character, Taylors Falls should have been involved in review of project, projects of this magnitude affect all of us.

The St Croix Falls Business Improvement District Board has no opinion on the project.

Tom Bradley, NPS: National Park Service has no say in project, saw plan when proposed, good for down town, in favor of residential development, but due to size this plan needs work.

Becky Olmstead: we took a photo to show what site would look like from Taylors Falls, was difficult to find a location where site could be viewed from Taylors Falls, had to stand on a post to see site. Photo was taken and proposed building was inserted in photo, copies were handed out.

Attorney Henry Gempeler, for the Olmsteads: project has gone through City’s required review process, no additional review is legally required at this time, issue brought up at Public Hearing is addressed in Developers Agreement. Project will be about 8 feet from north property line to accommodate construction on site and it will comply with all State codes and requirements. Alley will only be used for landscaping and amenities and will have no structures on it. Rain garden addresses water runoff from public enhancements at developer’s cost. Plans change through the planning process, more detailed plans will be needed for this project, but a context is needed before that process commences.

REPORTS OF COMMITTEES, COMMISSSIONS AND BOARDS

The October 18, 2005 Plan Commission Minutes were presented for Council’s information.

APPROVAL OF CLAIMS

General Fund $102,955.09, Debt Service $477,285.62, TIF $1,433.15, Park & Rec $8,955.00, Library Fund $715.20, Water $6,759.00, Sewer $11,261.73

Darrell Anderson moved to approve claims, second by Bill Kersch, roll call vote, 4 ayes, motion passed.

Debra Points moved to take a break, second by Darrell Anderson, voice vote, motion passed. 9:07 pm

Darrell Anderson moved to reconvene, second by Bill Kersch, voice vote, motion passed.

NEW BUSINESS

Debra Points moved to removed item 8f, River Street Presentation and 8p, Refund to Straus Knitting for water & sewer billing from the agenda, second by Jon Cermin, voice vote, motion passsesd.

Consider Mayoral Veto of Developers Agreement & Planned Unit Development: Mark Olmstead Project

Mayor Uhrhammer: have received numerous calls from citizens and Plan Commissioners expressing concerns regarding proposed condo development. State Statutes allow 5 day for Mayor to veto action. Reasons for veto are 1. Plan Commission tabled consideration of a Conditional Use Permit and Developers Agreement and expected it to come back to them. 2. Item 3q of the Developers Agreement ends with “all variances or waivers as may be needed” this is care blanche and needs to be clarified, 3. the citizens of St Croix Falls need time to review and comment on proposed development. After project went to Council learned that we missed a step. Plan has changed two times since Plan Commission approved Concept Plan. In summary, we missed a few steps, should go back and complete process, if veto is upheld there is no Contract, if over ridden, project continues, there could be third party interest in process.

City Attorney John Schneider: City Codes require Plan Commission recommendation on P.U.D. and C.U.P.s. Information my recommendation was based upon at last meeting was incomplete and not true. Concept Plan was approved by Plan Commission but that doesn’t cover P.U.D., C.U.P., or variances.

Jon Cermin: Developers Agreement addresses variances and waivers, have spoken to four attorneys at my own expense on this matter, tabling of CUP by Plan Commission was waived by Council when they addressed the issue. Variance was for slope issue. Attempted to view project area from Taylors Falls, went to look out, did not find easily visible access, went back last week and found trees had been cut to open view. We didn’t receive notice that they were cutting trees.

Debra Points: if we send this back to Plan Commission do they only address issue of C.U.P. or can they question entire Plan? There were 12 meetings where this was reviewed, has been a four month process, has been reported in news papers, people have had opportunity to know of project. I have received more calls in support of project than in oppositions. Detailed questions were asked and answered at last Council Meeting and are noted in the minutes of that meeting. I specifically asked if we had followed procedures and was answered “yes”. We have a downtown with an empty holiday building, two other businesses that are hurting, and empty restaurant, a movie theatre that wants to move, a financially struggling Festival Theatre, and Mark Olmstead is still willing to invest in downtown, he has been through the process and we need to honor our “hand shake”.

Darrell Anderson: if we missed a step, why weren’t informed right away? A more detailed Plan will be brought back to us, and State will also be reviewing plan. I don’t feel we’ve stepped out of line on this.

Charlie Jones: Planned Unit Development (P.U.D.) requires detailed plan, this is only a Concept Plan, not a site plan, preliminary plan or final plan. The Plan submitted today is not the Concept Plan that was approved by the Plan Commission in August. There were no recommendations made by the Plan Commission for the Conditional Use Permit.

Ed Emerson: the Plan Commission endorsed plan with residential units on ground level, issues do come back after approval, and yes, there are issues on this development that will have to come back for approval and acceptance by the City. There were intense discussions regarding this plan. Do we really want to go back and pick up a missed step because an i wasn’t dotted or a t crossed? During meetings Mr Olmstead agreed to all items brought up with the exception of a public parking lot and a green roof.

Mark Olmstead: the plans presented are not construction plans, we need context before further details can be worked out, this has not been a short process. Plan includes $675,000 in public amenities.

Debra Points moved to over ride the Mayor’s veto and move forward with Development, second by Darrell Anderson, roll call vote, Debra Points, Jon Cermin and Darrell Anderson voted aye, Bill Kersch voted no, motion passed.

Consider Application for Licenses to Serve Alcohol

Darrell Anderson moved to approve Operators Permits for Ann Perszyk, Tanya Emerson, and Jeffrey Blanski, second by Debra Points, voice vote, motion passed.

Consider Application for Cigarette & Tobacco License: Dalles House Restaurant

Debra Points moved to approve a Cigarette & Tobacco License for the Dalles House Restaurant, second by Jon Cermin, voice vote, motion passed.

Consider Design Plan Submittal: Juliann Stage, for River Spirit Sculpture

Juliann Stage presented a concept plan in wax and photos for River Spirit Sculpture. Figure would be of a woman poised out stretched on top of a rock releasing a bald eagle. If concept is approved work will commence on life size and quarter size sculptures. Actual sculpture will have greater detail, would be helpful to know where finished sculpture will be placed, and recommend that it have a path around it so that it could be viewed from various angles.

Debra Points moved to approve the concept design for River Spirit Sculpture as depicted in photos, second by Bill Kersch, voice vote, motion passed.

Presentation on Wastewater Treatment Plant Feasibility Planning

In January Congress approved St Croix Falls’ WWTP Facility for Appropriations Program 219 for up to $5 million, which is a program whereby 75% of costs could be Federal Funds with 25% being local funds, currently funds have been made available for planning stage, full funding of project has not been appropriated at this time. When City signed agreement for funding the Corp of Army Engineers became involved. The Corp of Army Engineers utilizes Ahrs & Associates for engineering services in this area, they in turn brought in Donahue & Associates who are the engineers who have been working on facility planning for the City. Part 1 of the process is to look at population projections to determine what size plant is needed, what type of plant would best serve, how much area it will need, and where should it be located. Potential sites have been identified and owners notified so that they are made aware early on of what is being looked at. Sites being looked at include the current location, the west side of River St immediately to the north of the Fish Hatchery, part of the Fair Grounds property along Oregon St/Sunrise Rd, property across from the Lions Park, and property out side City Limits on Fair Grounds Rd. Each site will be evaluated as to what costs would be incurred for a facility at that location. Once project is designed and a site is selected a foot print is used to determine how much property is needed, real estate acquisition is governed by Federal Law, property(s) would be surveyed, appraised, valuation would be reviewed, and a purchase offer made, land owner has right to have own appraisal done also. If a house is taken the valuation involves more than just the fair market value, needs to compensate so that home owner can purchase a comparable or better alternate home. Costs involved for utilization of each site will be computed and be part of decision process in site selection. A facility plan and site selection could be completed in 3 months and construction could commence in 18 months.

Consider Festival Theatre HVAC Study Update

Gary Gust of Cedar Corp has conducted a study of the HMAC system in the Festival Theatre building, the facility has two main HVAC systems and one boiler to heat the entire facility. The boiler as about 40 years old and based on its condition is likely running at 60%. The air circulating equipment is also about 40 years old. Both of these units are beyond their indicated life expectancy. Many areas of the building don’t have ventilation and some don’t have heat. To bring the building up to code all these areas would have to be addressed. Correcting the ventilation would entail removal and replacement of the ceiling to put in duct work. There could also be issues with asbestos. Three options were presented; Option A for a high end system would bring up fully to today’s codes at a cost of about $211,000. Option B for a mid-level system costing about $161,625 would not bring it into full compliance or provide AC for Library. Option C is for minimal work needed to cover most serious code violations costing about $67,325.

Debra Points moved to table issue to first meeting in January 2006, second by Jon Cermin, voice vote, motion passed.

Jon Cermin moved to move agenda items 8l and 8m to next on the agenda, second by Debra Points, voice vote, motion passed.

Consider an Ordinance Rezoning Lot 6, Block 1, Vincent Addition, from R1 to B1, Allowing for Extension of the Existing Hospital Parking Lot on Roosevelt Street

The Plan Commission held a Public Hearing and recommended rezoning of Lot 6 as B1 General Commercial contingent upon no additional access on Roosevelt St, that a building permit be secured, that plans for excavation of esker and accompanying retaining wall be submitted to the City Engineer for review, that a landscape plan be provided to include landscaping that matches the existing shrubs and heights and re-landscaping and stabilization of that portion of the esker disturbed in excavation, and that the City contribute $1,000 in landscaping along Esker Park provided donated funds are secured.

Jon Cermin moved to adopt Ordinance #07-05, rezoning Lot 6, Block 1, Vincent Addition as B1 General Commercial with contingencies, second by Debra Points, roll call vote, 4 ayes, motion passed.

Consider a Resolution Granting a Conditional Use Permit for St Croix Regional Medical Center Allowing for Expansion of Existing Parking Lot on North side of State St.

The Plan Commission held a Public Hearing and recommended a C.U.P. for St Croix Regional Medical Center for expansion of the parking lot on the north side of State St.

Debra Points moved to adopt Resolution #05-37, approving a CUP for extension of the existing hospital parking lot on the north side of State St with contingencies noted in Resolution, second by Jon Cermin, roll call vote, 4 ayes, motion passed.

Councilman Darrell Anderson left at 12:15 pm.

Consider McCabe Pay Request for Washington Street Improvements

Debra Points moved to approve McCabe Constructions Pay Request #4 for Wilberg Blvd and Washington St Improvements for $442,014.17, second by Jon Cermin, roll call vote, 2 ayes, Bill Kersch voted no, 1 absent, motion passed.

Consider an Ordinance Zoning the Southwest Corner of Hwy 8 & 208^th Street as B2 Highway Commercial

Debra Points moved to adopt Ordinance #08-05, zoning annexed property on the southwest corner of US Hwy 8 and 208^th St as B2, Highway Commercial, second by Jon Cermin, roll call vote, 3 ayes, 1 absent, motion passed.

Consider a Resolution Granting a Conditional Use Permit for a Therapeutic Massage & Skin Care Home Business at 318 N Madison St

The Plan Commission held a public hearing and recommended a CUP for Lori McNalley to conduct a therapeutic massage and skin care business at her home at 318 N Madison St.

Jon Cermin moved to grant a CUP for a therapeutic massage and skin care business at 318 N Madison St to Lori McNalley, second by Debra Points, roll call vote, 3 ayes, 1 absent, motion passed.

Consider an Ordinance Amending Zoning Code 17.08(3) for Garage Heights

The Plan Commission has reviewed maximum allowed garage heights in zoning code and held a Public Hearing. They recommend that the garage height limit be amended to 20 ft high to allow garage roof pitch to match house roof pitch but that the height shall not exceed the height of the house.

Debra Points moved to adopt Ordinance #9-05, amending Zoning Code 17.08(3) for garage height, second by Jon Cermin, roll call vote, 3 ayes, 1 absent, motion passed.

Consider a Resolution Authorizing the Hiring of a Municipal Attorney to Review Certain City Codes & Ordinances and Imposing a Six Month Moratorium on New Development – Allowing for Such Review

A six month moratorium on new development is being considered to allow time for hiring an Attorney specializing in Municipal Law to review the City’s Codes, Comprehensive Plan, and NR118 to insure that the City’s Codes are legally binding and updated to handle today’s development demands.

Charlie Jones questioned how the moratorium would affect developments that are in process but may not have final approval, how would moratorium affect special assessments on properties fronting Wilberg Blvd. Concern is that land owners along Wilberg Blvd may request deferral of special assessments due to the moratorium. Properties along Wilberg Blvd could be exempted from the moratorium.

Debra Points spoke to four Plan Commissioners and Darrell Anderson regarding a moratorium on new construction, the Design Standards, Community Character, and Zoning Codes need to reflect each other.

Debra Points moved to adopt Resolution #05-39, authorizing the hiring of a Municipal Attorney and imposing a six month moratorium ending May 1, 2006 on new development with the exception of Ficek’s and Bierman’s properties along Wilberg Blvd, second by Jon Cermin, roll call vote, 2 ayes, 1 absent, Bill Kersch voted no, motion passed.

Consider a Resolution Purchasing City Hall Parking Lot from Robert Clark, Abolishing any Parking Lot Easement and Agreeing to Lease a Small Portion of Said Parking Lot

The City currently has an easement from Robert Clark for egress and the use of land for the parking lot for City Hall. Mr. Clark has offered to sell the property to the City for $10,000. The City could then lease a portion of the lot to Eric’s Canoe for $2,500 a year, recouping the purchase price in 4 years.

Jon Cermin moved to adopt Resolution #05-40 to purchase land used as a parking lot for City Hall from Robert Clark and leasing a small portion of said lot, second by Debra Points, roll call vote, 3 ayes, 1 absent, motion passed.

COMMUNICATIONS AND MISCELLANEOUS BUSINESS

Mayor Uhrhammer: pavers are being laid in sidewalks on Washington St, street will be open Thursday.

ADJOURNMENT

Debra Points moved to adjourn the meeting, second by Jon Cermin, voice vote, motion passed. Meeting adjourned at 1 am.

Lee Uhrhammer, Mayor Bonita Leggitt, City Clerk