CITY OF ST. CROIX FALLS

MINUTES OF THE REGULAR COMMON COUNCIL MEETING

NOVEMBER 28, 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, November 28, 2005 at 7:02 p.m. Roll call: Councilpersons Darrell Anderson, Jon Cermin, Debra Points and Bill Kersch were present. Also present: Administrator Ed Emerson, Clerk Bonita Leggitt, Treasurer Jamie Carlson, Attorney John Schneider, Public Works Director Dennis Neva, Chris Strom of Cedar Corp, the public and the press. All Present joined in the salute to the flag.

APPROVAL OF MINUTES

Darrell Anderson moved to approve the Minutes of the November 14, 2005 Regular Council Meeting, seconded by Debra Points, voice vote, motion passed.

Jon Cermin moved to approve the Minutes of the November 16, 2005 Budget Hearing Meeting, seconded by Debra Points, voice vote, motion passed.

PUBLIC COMMENTS

Gordon and Marian Fox, Keith and Mary Johnson, Al Reeves, Sue Neiman, and others questioned the placement of a mobile home at 128 Alabama St, stating that it doesn’t meet codes for eaves, that it makes the existing garage non-conforming for height and set back, that it would de-value their properties, that it looks like a trailer house not a manufactured home, and should not be permitted. A petition opposing the trailer house signed by 32 neighbors was presented to Council.

City Attorney John Schneider noted that mobile home can’t be banned in single family residential zoning, can be controlled and restricted by codes, such as requiring a full foundation, but can’t be banned. Under H.U.D. regulations is classified as a manufactured home.

Bill Kersch questioned what the process was to get something on an agenda and who decides what will be placed on an agenda, stating that he felt he was being left out by this Council.

REPORTS OF COMMITTEES, COMMISSSIONS AND BOARDS

The November 15, 2005 Plan Commission Minutes and October 24, 2005 Board of Review Minutes were presented for Council’s information.

APPROVAL OF CLAIMS

General Fund $45,089.06, Water $3,133.81, Sewer $6,147.93

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

NEW BUSINESS

Debra Points moved to removed item 8c, Request for City Assistance with Utility Extension on Alabama St at the request of Art Lippert, second by Jon Cermin, voice vote, motion passed.

Debra Point moved to move agenda items 8h, Water Well Report, and 8o, DOT Enhancement Grant for Street Signs, to follow agenda item 8b, second by Jon Cermin, voice vote, motion passed.

Consider Action on Outstanding Water Bill, River Valley Hockey Association

Rebecca Steinberg and Kevin Kline of the RVHA were present to request that the City’s assistance with their past seasons water billing charges. Through the process of updating the Utility Billing program for radio read meters it was discovered that the RVHA was not in the system and had not been billed since 2002. Fixed Fees amount to $2,919.50 and Water Usage is $1,202.69, for a total of $4,122.19. These charges are a hardship for the RVHA’s limited funds.

City Treasurer Jamie Carlson has contacted the PSCW and while the City can forgive the charges for water usage, the fixed fees (which include fire protection) have to be paid, if the City decided to forgive the fixed fees for the RVHA the City would then have to pay those fees to the Water Utility. The PSCW will need to be contacted to see if there is un-metered option available to avoid fixed fees in future.

Jon Cermin moved to table action on water billing for RVHA to get additional information on what options are available, second by Darrell Anderson, voice vote, motion passed.

Consider Waiving Sewer Hookup Fees, River Lofts Apartments

Will Law, River Lofts Apartments: we were sent an invoice for sewer hookup fees for 16 metered units for a cost of $24,000, our apartment project is a re-use of the old middle school, utility services were already in place at the old school that are sized greater than our reuse as apartments needs. Generally hookup fee are for additional uses, as ours will be a reduced use we are requesting that hookup fees be waived for River Lofts Apartments.

Public Works Director Dennis Neva: as services were already there this isn’t a new service.

Jon Cermin moved to waive sewer hookup fees for River Lofts Apartments for all three phases of the project, second by Bill Kersch, roll call vote, 4 ayes, motion passed.

Consider Water Well Report – Cedar Corp

Scott McCurdy, Cedar Corp: a soil boring on south side of Hwy 8 at top of hill has been conducted, found fine grain sand at 135’ and hit trap rock at 254’. As material found was soft this would have to be a gravel packed and screened well, it is estimated that this site would produce about 150 gallons of water a minute. This is the best site tested so far and indicates that the geological formation may be better to the east, while this rate of flow may make a good back up well, it is not adequate for our need of a water source on top of the hill. A test well to confirm rate of flow would cost about $30,000, and an actual well would cost about $130,000. Recommendation is to pick up purchase option and secure easements at this location and continue to search for a better producing site to the east. Even if site didn’t work out for a well it could be used to site a water tower.

Consider Authorizing Application for D.O.T. Enhancement Grant: Street Signs

The D.O.T. has an Enhancement Grant program for street signs, it is a matching grant where 75% of cost signs, posts, and labor would be covered by the grant, the minimum application is for $10,000, this would replace every sign in the City. This program is for signs with 6” lettering to aid the visually impaired.

Jon Cermin moved to authorize the application for a D.O.T. Enhancement Grant for Street Signs, second by Debra Points, roll call vote, 4 ayes, motion passed.

Consider Refunding a Portion of Former Dalles Char House Liquor and Cigarette License Fee

Thomas Delaney III of the St Croix Dalles House LLC has requested a refund of the unused portion of their Liquor and Cigarette License Fees, the one year licenses were only used for 3 months.

There is no legal requirement to refund the unused portion of the license term and it was noted that granting a refund could set a precedent.

Darrell Anderson moved to deny the request for a refund of the unused balance of the Liquor and Cigarette License Fee, second by Bill Kersch, voice vote, motion passed.

Consider Conditional Use Permit Request Allowing for a Rental Retreat at 902 Maple Drive

Bill and Janice Lane have applied for a Conditional Use Permit to allow for a Rental Retreat at 902 Maple Drive, the retreat would be use by groups for scrap booking, quilting, and other hobbies. A Public Hearing was held November 15^th at the Plan Commission Meeting where approval of the CUP was recommended upon the completion of a meeting between the Lanes and the Town Home Association to address concerns raised at the hearing, this has been done.

Jon Cermin moved to approve Resolution #05-41 setting conditions for allowing a Rental Retreat at 902 Maple Dr, second by Debra Points, voice vote, motion passed.

Consider Request of Ice-Age Trail Foundation to Deed Former Hartman, West Central Developers, and St Croix Valley Foundation Properties to the city with Stewardship and IATF Covenants and Restrictions

The Ice-Age Trail Foundation has approached the City to take over ownership of lands in the City held by the Foundation. The Foundation would continue to maintain the Ice Age trail through these lands.

Darrell Anderson moved to approve Resolution #05-42, Accepting Ice-Age Trail Foundation Lands within the City of St Croix Falls with no cost in said transferred to be incurred by the City, second by Jon Cermin, roll call vote, 4 ayes, motion passed.

Consider Traffic Impact Analysis Report – Menards Site, Hwy 8 and 208^th Street

The Traffic Impact Analysis Report for the intersection of Hwy 8 and 208^th Street has been completed and reviewed by the WisD.O.T. The D.O.T. recommends the addition of turning lanes at the intersection now with traffic signals to be installed at some point in time left up to us. It was noted that the improvements to the intersection were for the purpose of new development and should be at their cost.

Debra Points moved to accept the Traffic Impact Analysis Report and to move forward with traffic signals with the intent that Menards pay for the traffic signals and improvements to the intersection, second by Bill Kersch, roll call vote, 4 ayes, motion passed.

Consider Bid from Swedes Masonry for NPS Entrance Sign – N Washington Street

A bid was received from Swedes Masonry for the base of the monument sign for the National Park Service to be located on N Washington St for $4,360; this bid does not include the sign itself. It may be best to have the sign lit from the ground instead of from above to minimize the effect of the lighting on the neighborhood, it was suggested that there should be a mechanism for turning the lights off at night.

Darrell Anderson moved to accept Swedes Masonry bid for $4,360 for the sign base, second by Debra Points, roll call vote, 4 ayes, motion passed.

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

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

Consider Amending or Repealing Moratorium

Mayor Uhrhammer: Moratorium was a knee jerk reaction put in place to stop Movie Theater from moving and needs to be lifted soon, it blocks development and conditional use of properties and discriminates against property owners not exempted. Under the Moratorium it would not be possible to re-develop the Holiday Foods building, the old Wal-Mart building, Chach’kas , the Bistro, or to develop existing lots such as Impact 7s, the Rousselow property, and others that would need Site Plan approval or Conditional Use Permits. Moratorium holds up new construction that is needed to offset levy limits imposed by the State. It also discourages annexation as the land couldn’t be developed. Plans and emails to draft a Moratorium were not shared with Mayor and one Councilperson. Moratorium should be repealed. Or at least shortened and Conditional Uses removed from it.

Ed Emerson questioned how copies of emails from his computer were obtained.

Jon Cermin: the Council was put on trial over the Olmstead Project process, Codes need to be reviewed by a municipal attorney, could be completed and the Moratorium lifted sooner than May 1, 2006.

Debra Points: Moratorium was my idea, things have been moving too fast, we have all these Commercial and Character Codes, but they need to be meshed together. Some things could come up that would be affected by the CUP language, it could be removed from the Moratorium and the process allowed.

Ed Emerson: CUP language should be removed from Moratorium; there are some areas of the Codes that need reviewing, could be done in house and then have reviewed by a municipal attorney.

Debra Points moved to remove language “and that such Moratorium affects all such residential and commercial development that requires site plan and CUP or such approval” from the Moratorium and to amend the ending date to April 1, 2006, second by Jon Cermin, roll call vote, Debra Points and Jon Cermin voted aye, Bill Kersch and Darrell Anderson voted nay, tie vote, Mayor Uhrhammer voted aye, motion passed.

Consider a Resolution Allowing for a Pool Hall, Trap Rock Ridge Plaza

Terry Nesvold wishes to open a Billiards Hall for 16 and over in Trap Rock Ridge Plaza. There would be no alcohol permitted, no tobacco sales, and no foul language or horseplay allowed. There would be billiard tables, dart machines, foosball game, snacks and soda, and a manager on duty at all times.

Debra Points moved to adopt Resolution #05-43 allowing for a Pool Hall in Trap Rock Ridge Plaza, second by Darrell Anderson, voice vote, motion passed.

Consider RLF Loan to Mike Schaar, CD Store, Post Office Rental Space

Mike Schaar has met with the Revolving Loan Fund Committee with plans to open a CD Store in the open rental space that is part of the same building as houses the Post Office. The RLF Committee has reviewed the business proposal and recommends a $7,700 loan at 4% for 7 years with a general business security for the loan.

Debra Points moved to approve a RLF Loan for Mike Schaar for $7,700 for 7 years at 4% interest, second by Bill Kersch, roll call vote, 4 ayes, motion passed.

Consider a Resolution for the Partial Redemption of the 2006 Through 2010 Maturities of the $1,950,000 Special Assessment “B” Bonds, Series 2005A, Menards Purchase Site Payment

Upon closing of the sale of property for the Menards site the City has received payment for the portion of Special Assessments for public improvements assessed to that property, we have 30 days to apply that partial payment to the “B” Bonds to reduce the principal of the Bonds.

Jon Cermin moved to adopt Resolution #05-44 for the Partial Redemption of the 2006 through 2010 Maturities of the %1,950,000 Special Assessment “B” Bonds, Series 2005A, second by Debra Points, roll call vote, 4 ayes, motion passed.

Consider Wine and Beer License for St Croix Culinary Institute: Former Wild River Goose

Jon Cermin moved to approve a Class C Wine and Class B Beer License for St Croix Culinary LLC, second by Darrell Anderson, voice vote, motion passed.

Consider Mayoral Appointment to the Plan Commission

Jon Cermin moved to confirm the appointment of Warren White to the Plan Commission, second by Debra Points, voice vote, motion passed.

COMMUNICATIONS AND MISCELLANEOUS BUSINESS

Mayor Uhrhammer: City Christmas Party is December 9, 2005.

Debra Points: as the last scheduled meeting in December would fall on the 26^th could we hold only one meeting in December? Received a call from a resident expressing health and safety concerns regarding a house at 812 Hamilton St.

ADJOURNMENT

Darrell Anderson moved to adjourn the meeting, second by Debra Points, voice vote, motion passed. Meeting adjourned at 11 pm.

Lee Uhrhammer, Mayor Bonita Leggitt, City Clerk