CALL TO ORDER

Mayor Lee Uhrhammer called to order a regular meeting of the City of St. Croix Falls Common Council on Wednesday, December 28, 2005 at 6:02 p.m. Roll call: Councilpersons Darrell Anderson, Debra Points and Bill Kersch were present. Jon Cermin was absent. Also present: Administrator Ed Emerson, Clerk Bonita Leggitt, Treasurer Jamie Carlson, Attorney John Schneider, Charlie Jones 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 December 12, 2005 Regular Council Meeting, seconded by Bill Kersch, voice vote, motion passed.

REPORTS OF COMMITTEES, COMMISSSIONS AND BOARDS

The December 20, 2005 Plan Commission Minutes were presented for Council’s information.

APPROVAL OF CLAIMS

General Fund $45,305.40, Debt Service $48,245.30, Water $1,845.54, Sewer $5,938.83

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

NEW BUSINESS

Consider a Resolution Approving the Conditional Use Permit for Evergreen Entertainment, (the Movie Theater) to Relocate into the B2 Highway Commercial District and Granting Certain Variances

The Plan Commission held a Public Hearing for the requested CUP for Evergreen Entertainment to relocate into the old Wal-Mart building on December 20, 2005 and recommended that a CUP be granted.

John Watson, James Payne and Steven Payne, Evergreen Entertainment: proposal is for a seven, or maybe ten, screen theater with stadium seating to be constructed within the old Wal-Mart building. Configuration of movie theaters has changed in last 10 years; people want the choices that multi-screen theaters can provide. We are losing customers, people are going to more modern theaters with stadium seating in surrounding areas. There is no room for expansion at the current down town site. Lack of parking is also an issue with the down town site. With an expanded facility in the old Wal-Mart building we would also employ up to eight more people, mostly teenagers. The movie theater has a track record of few problems, we work with the Police Dept, keeping them informed of shows that will draw large crowds. We anticipate that construction could take from 5 to 9 months, hope to be open by Thanksgiving in 2006.

Sharon Foss: concerns were expressed at Public Hearing with crime in area and what may be witnessed.

Debra Points: will design guidelines apply? Will Façade Design Review Committee come into play here? What of traffic impact? Will landscape plan delineate parking for Theater and Tractor Supply?

Ed Emerson: extensive remodeling and cost of project does kick in some design code items.

John Schneider: Council can specify and authorize staff to review and verify compliance with conditions.

Charlie Jones: CUP allows City to review proposed use and it’s compatibility with neighboring uses. Traffic study shows that peak time for traffic for theaters is different than that for other commercial uses, fits well within traffic flow of Commercial District. The proposed Resolution for approving the CUP includes five conditions that address parking, traffic analysis, signage, engineering review of building plan, and landscape planning.

Darrell Anderson: hate to see theater leave down town, but if it must move then the proposed site is an appropriate location.

Bill Kersch moved to adopt Resolution #05-47, Approving the CUP for Evergreen Entertainment to Re-locate, second by Debra Points, roll call vote, 3 ayes, 1 absent, motion passed.

Consider an Option to Purchase the Duane Pederson Property and McCullough Easement and Directing the city Attorney to Prepare and Execute Necessary Documents

The Estate of Duane Pederson is not interested in extending the purchase option. The site has water, just not as much as we would like, and provides access to Hwy 8. Property could be purchased now while we continue search for a higher volume option as a back up in case a higher volume option isn’t found.

Debra Points moved to purchase the Duane Pederson property and McCullough Easement and to direct City Attorney John Schneider to prepare and execute the necessary documents, second by Bill Kersch, roll call vote, 2 ayes, 1 absent, Darrell Anderson voted nay, motion passed.

Consider Pay Request of McCabe Construction for Wilberg/Washington Street Enhancements

There was $12,000 in additional costs for Washington St due to having to dig out some rocks.

Bill Kersch moved to approve the pay request for McCabe Construction in the amount of $337,044.90, second by Debra Points, roll call vote, 3 ayes, 1 absent, motion passed.

Consider Plan Commission Recommendation to Deny Request to Re-Zone Lot 1 of CSM #1938, V 9, Pg 85, (520 Blanding Woods Rd) from M1 Industrial to R1 Residential to Allow Use as a Church

The Plan Commission held a Public Hearing on the request to re-zone Lot 1 of CSM 1938 (520 Blanding Woods Rd) from M1 to R1 to allow for use as a Church on December 20, 2005 and has recommended that the request for re-zoning be denied. Durex has a secondary purchase offer to buy both buildings, 520 and 530 Blanding Woods Rd.

City Attorney John Schneider: Plan Commission is within their authority to recommend denial of re-zoning request, the City has good reasons for keeping the property Industrial.

Bill Kersch moved to deny the request to re-zoning Lot 1 of CSM #1938 from M1 to R1, second by Debra Points, roll call vote, 3 ayes, 1 absent, motion passed.

Consider Approval of Operators’ Permits

Debra Points moved to approve Operators Permits for Shannon Nee, John Nash, and Andrew Nash of the St Croix Culinary, second by Darrell Anderson, voice vote, motion passed.

Consider Council Appointment to Code Update Committee

Darrell Anderson moved to appoint Debra Points to the Code Update Committee, second by Bill Kersch, roll call vote, motion passed.

Consider Proposal for Soil Borings from MES, Louisiana Street Project

MES has submitted a proposal to conduct soil borings in Louisiana St for $3,760. Purpose of the soil borings is to determine what to expect and what may be found under the roadway during re-construction of Louisiana St, of primary concern is what will be found at the depth that sanitary sewer and storm water has to be placed. Drilling would be done at various spots and depths along Louisiana St this winter.

Bill Kersch moved to authorize MES to conduct soil borings in Louisiana St, second by Debra Points, roll call vote, 3 ayes, 1 absent, motion passed.

COMMUNICATIONS AND MISCELLANEOUS BUSINESS

Ed Emerson: St Croix Culinary has invited City Representatives to stop in on December 31, 2005 for refreshments from 6 pm to 10 pm.

ADJOURNMENT

Bill Kersch moved to adjourn the meeting, second by Debra Points, voice vote, motion passed. Meeting adjourned at 7:15 pm.

Lee Uhrhammer, Mayor Bonita Leggitt, City Clerk