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Washington County, Minnesota
July 7, 2015 Council Meeting
CALL TO ORDER    by Mayor Roettger at 7:00 p.m.
ROLL CALL: N. Anderson, G. Williams, T. Williams, Mayor Roettger (J Freesmeier absent)
Staff Present   Cindie J. Reiter, T. Niedzwicki, B. Gonzola, K. Sandstrom
Others Present   G. Fernandez, Gary Kriesel,  Corey Slaegel, Deputy Sheriff Nick Sullivan,
Pledge of Allegiance
CONSENT AGENDA     To approved agenda with addition of Holmer lawsuit to be discussed in closed session.  
G. Fernandez 16875 St. Mary’s Drive has not been able to do flood proofing and asks for an extension to begin flood proof project.  Delay is due to a divorce, rental property issues and now a wedding.  City Treasure Niedzwiecki notes there is outstanding fees of over $1000.  He proposes Council condition approval of extension.  Mr. Fernandez notes he has not gotten the bills but will pay.  Councilmember G. Williams stated he has no problem with extension but the house is for sale.  Mr. Fernandez noted it is likely he will not sell but need of flood proofing is disclosed.  Councilmember G. Williams proposes that an escrow account be set up to make sure the flood proofing is done.  He noted the approval was given for flood proofing and it should be done, if and when the new owners take possession.  
City Attorney Sandstrom spelled out how an extension and escrow account could be set up.  He proposes this be brought up at the next meeting and he will draft a resolution spelling out the extension and escrow for flood proofing of property.
JOINT MEETING PROPOSAL    Gary Kriesel presented a concern for community relations among SMP, LSCB and Afton in regards to the Afton Septic System.  He proposes a moderated discussion between the 3 cities by an independent moderator which is not legal advice or binding arbitration.  If interested the County would work with staff to set up a meeting of mediation.  Councilmember G. Williams presented that Afton could have considered the 2 cities concern for the location.  Mr. Kriesel noted this is why even if the plan is approved the communities should improve relationship.  Both Mayor Roettger and G Williams both commented on LSCB and SMP’s first offer of JPA was flat out and rudely shunned.  Mayor Roettger noted the City is willing to participate in a proposed mediation.  Councilmember G. Williams inquired about the County road through Afton not being elevated above flood elevation.    Corey Slaegel the Co. Engineer noted after the levy is rebuilt the road would not flood.  Mayor Roettger expressed concern for ground water flooding.  They parted noting they would be in contact with staff.  Council asks that this be an agenda item for August meeting.

AFTON Septic Treatment System   City Attorney K. Sandstrom spoke to Co. Commissioner Kriesel and Co. Engineer Slaegel and also addressing it at the LSCB meeting.  He further stated he attended the Citizens Review Board and argued for an Environmental Impact Study (EIS).  Stu Grubb from Emmons Olivier Resources (EOR) was also in attendance.  Attorney Sandstrom noted the CRB mostly was concerned about Native American Burial Grounds and, granted the MPCA permit with condition that if State Archeologist becomes aware of burial grounds as construction moves along that the project needs to halt.  Also presented at the hearing was concern for the shallow wells in close proximity to the drain field and concern about the affluent coming from the system, such as oil from marina, also lack of monitoring was expressed time and again without satisfaction and the permit was granted.  
The next step to fight the issue would be to go to court.  Attorney Sandstorm notes it would be costly.  An 80 page review and approval document is what the City would be contesting.  He noted perhaps the County offered mediation that would allow for any opportunity that Afton would offer more monitoring options.  Mayor Roettger noted it is likely that the proposed mediation is to mend fences.  Councilmember G. Williams’s commented on the Marinas being hooked into the system.  Attorney Sandstrom noted that a condition of the permit is not to allow Marina boats waste go into the system.  The business itself will hook into the system but system is not meant to take on boat waste.  He also noted the project was just put out to bid.  The City Council had no interest in having the City Attorney file a suit.  
SHERIFF REPORT   Nick Sullivan of WSCO noted LSCB had robbery by knife point occurred for an internet sale.  Now they have more undercover officers in the area.  NOTE:  Coffee with a Cop is to be held on 7/23 at 9AM at Sail Away.
HOLMER SUIT   Attorney Sandstrom presented a closed meeting be held but stated a lawsuit was filed by Mr. Holmer for appeal of fees.  Attorney Sandstrom has filed a response and filed countersuit for the amount of fees now due.  The closed meeting will be at the end of the Council Meeting.
TREASURERS REPORT    T. Niedzwiecki provided that the County Property Tax payments received July 2nd with only $400 delinquent.  Claims to be presented are check # 5341-5361 and EFT # 1-11 in the amount of $21,303.48.  Maroney Clean Up bill came in at $2360 almost the same as last year.  Traffic Signs at $2099 to E. F. Anderson, Insurance Premium, Council payroll for 2nd quarter and 3rd quarter Fire District payments.
PRELIMINARY LEVY BUDGET:-Treasurer Niedzwiecki stated no changes from last month, however waiting for WCSO budget data.  He noted still in budget is Road budget of $123,000 for possible Itasca elevation.  He proposes if Itasca doesn’t need to be done soon, perhaps not contribute to this fund which drops levy/budget increases.  Councilmember G. Williams also noted the Clean Up fund could hold off, but also the $800 annual contribution is a good contribution for the Community.  Mayor Roettger noted the tree removal costs are likely to be significant increases.  However, could use the Road fund to pay for removing trees.  Discussion on possible snowplow services changing from Lakeland or possible JPA for four cities.  Treasurer Niedzwiecki noted the Lakeland Mayor has posted info in their newsletter on the cost of snow plowing.  Current SMP budget for snowplowing is $7600.  Recycle $3.06 per household rates now, and this was discussed as a possible JPA opportunity.  Now at 2% increase so need $3700recudtion  to go to get to 0% increase
ENGINEER REPORT:  Not in attendance.  Conveyed by the Mayor that street patching is slow due to rain.
CLERK REPORT    Inquired about interest expressed by a property owner regarding annexation of property to one City (property owned is half in LSCB and half in SMP)  Council stated, no will not annex the property, as won’t be problem for owner to remain in both cities.   
St. Croix River Workshop on 8/6/16.
County has noted SMP does not have an ordinance for recycle and it is needed for future grant.  The county did provide a sample but it was quite extensive for SMP.  The clerk will seek other LSCV city ordinances for sample.
FIRE DEPARTMENT.   . Councilmember G. Williams noted increase budget 4.9% so SMP share is 6.3%.  He vocally objected to the increase however JPA allows for 5% increase without coming to the Cities for approval.  Afton representative approached G. Williams after and asked that JPA for Fire Board to be revisited.  He feels he is against this as is Councilmember Freesmeier., re: opening the JPA for review.  Two people have quit the fire department so they are down to 30 and there were 42 calls in May.
MSCWMO Not attended however Councilmembers G. Williams and Anderson to be involved with ordinances update and review for MIDS.
Councilmember Anderson    Nothing further to report.
Councilmember G. Williams All new street  signs are up and dated.  677.2 River level up to 678.9 by Saturday.  The raingarden needs further cleaning.  He was approached by former councilmember that municipal water be put in place.  He is in favor of extending the line from LSCB into SMP for hydrants.  But also proposes if Afton septic system fails there should be an alternative and perhaps a study should be done to see if a system is feasible or hook up to Lakelands water system.
Councilmember Freesmeier .Nothing  further to report

Councilmember T. Williams.  Nothing further to report

Mayor Roettger    Sprayed poison Ivy about 100x40 area along SM Drive.  Used Pasture Pro and will present bill for the spray.
 Closed meeting at 8:28    Statute 13.D -05 presented by Attorney Sandstrom for Attorney Client privilege.
The Summary of Closed Meeting to be provided at next meeting.  
Closed meeting adjourned at 9:09 and regular meeting also adjourned.


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