ST MARY’S POINT CITY COUNCIL
ST. MARY’S POINT, MINNESOTA
WASHINGTON COUNTY, MINNESOTA
December 6, 2016

ROLL CALL: N. Anderson, G. Williams, T. Williams, J. Freesmeier, Mayor Roettger
PLEDGE OF ALLIGENCE: was said.
OTHERS PRESENT: Christopher Rupp. Girard Goder, Jon Picard,
STAFF PRESENT: T. Niedzwicki, J. Parotti, K. Sandstrom, Cindie J Reiter
CONSENT AGENDA
MOTION WAS MADE BY COUNCILMEMBER ANDERSON AND SECONDED BY COUNCILMEMBER G. WILLIAMS TO APPROVE THE CONSENT AGENDA AFTER AMENDED CHANGES OF NOW IN LIEU OF NOT AND CONFIRM BORHER COMMENT REGARDING SEPTIC. ROLL CALL/ ALL AYES
PUBLIC COMMENTS: Christopher Rupp of 16322 23rd regarding 16321 24th St. There is a tree leaning due to rot, starting to lean into fence and over the house. He asks the Council for remedy. City Attorney suggest Mr. Rupp write a letter to the Lemay property owner and suggests the owner take the tree down and if no response Mr. Rupp could take it down but he may be at his own expense. It is a matter between property owners.
SHERIFF REPORT: Nothing
WA CO PUBLIC HEALTH: Girard Goder, WA County Public Health representative is here to speak on the County Septic Ordinance. He noted most Cities adhere to the County’s ordinance. SMP has its own ordinance but is administrated by WA CO. The contract between City and County expires at the end of this year; however the City Ordinances are not up to regulatory standards. So if the City wants to hear variances for Septic Issues (technical only) then they have its own ordinances with stricter regulations or if the City wants to administer its ordinance themselves, then they should have its own ordinance. The County is proposing the City adopt the County ordinance and approve renewal of the contract for administrative duties.
Councilmember G. William explains why this issue came up -it was an issue with the need for a riser on a residential septic system. Mr. Goder explains that service providers were violating the long standing State rule. This rule was in place since the 1980’s. Violating the proper standards puts the septic system at risk.
Councilmember G. Williams asks if there are other changes coming. Mr. Goder noted that there has been no change except technical design and rules for dumping septic contents but no other changes are anticipated. However it is that enforcement has begun, yet no change. If possible, enforcement changes, although no rule change, could be noticed to the Cities.
Councilmember Freesmeier asked if smaller Cities do their own ordinance or if adopts the Co. ordinance. Mr. Goder noted only one city (Dellwood) has its own ordinance and administers the controls. The Twin Cities have local ordinances that are stricter. 16 Cities use the County’s ordinances.
Ordinance 504 Individual Sewage Treatment System
Review of the County’s letter prompted discussion about the process of changing the septic code. The City Attorney spoke to the draft code for the cities own code. He noted review of the previously drafted code by Attorney Kranz and it was determined by Attorney Sandstrom the City could approve it for code or chose to adopt the County. The County would want to review the code and may decline to administer the City’s code.
MOTION WAS MADE BY COUNCILMEMBER FREESMEIER AND SECONDED BY COUNCILMEMBER ANDERSON TO PASS THE COUNTY ORDINANCE 2016-12-01 AMENDING 504 INDIVIDUAL SEWAGE TREATMENT SYSTEM CODE. ROLL CALL/ 4 AYES/-1 NAY (G. WILLIAMS)
The City Clerk will send the ordinances to the County for review of the requested contract. City Attorney Sandstrom is to draft Summary Ordinance for the January meeting.
SNOWPLOW SERVICE CONTRACT: Mayor Roettger suggested stay with the same contractor with no rate change.
MOTION WAS MADE BY COUNCILMEMBER G. WILLIAMS AND SECONDED BY COUNCILMEMBER ANDERSON TO APROVE THE CONTRACT WITH TRI COUNTY SERVICE. ROLL CALL/ 5 AYES
LOWER ST. CROIX VALLEY FOUNDATION: Jon Picard is requesting donation for the Bike Trail. Review: The foundation contracted with SEH whom did survey of the Trail and then foundation sought support from the Cities and County. They also formed an advisory committee for vision of future trail. The County will do a full pave reconstruction for a cost of $300,000. However the LSCV Foundation would like to do more improvements at the Afton Bridge supports, as well as, maybe some lighting and benches. They have raised $50k so far from Afton, and they are asking for some contribution from all Cities.
Councilmember G. Williams notes $5K to be a major expense and the budget is already set. Councilmember Freesmeier believes the Fire Department funding formula would be a better way to allocate. Treasurer Niedzwicki says SMP is about 7.5 % with Afton being 50% of Fire Department allocations. He proposes the money could come from the Road Fund based on the revised Capital Improvement Plan (CIP).
Councilmember Anderson proposes $500 for good faith. Councilmember Freesmeier notes $750 by using the Fire Department allocation. Councilmember G. Williams notes the improvement is generally in Afton and to that SMP does not benefit. He also notes the bridge could be replaced with box culverts.
MOTION WAS MADE BY COUNCILMEMBER FREESMEIER AND SECONDED BY COUNCILMEMBER ANDERSON TO CONTRIBUTE $750 TO THE LSCV FOUNDATION FOR THE PIKE PATH. ROLL CALL/ALL AYES
REAL ESTATE PURCHASE AGREEMENT OF VACANT LOT: A purchase agreement was presented, however if a survey is desired the agreement will need to be updated. Survey cost of the lot was estimated at $1200 to $1500. City Attorney recommends a survey so there are no encroachments. Councilmember G. Williams believes the City knows the history of the ownership and could go forward with the purchase agreement and survey at a later date. Entering into the purchase agreement can happen now and closing after survey.
Councilmember Freesmiere believes a reasonable time is ok to push out until a survey is completed. This is possible if the current owner already has a survey to review. It is noted that there is a wire fence along the borders.
City Attorney notes that agreement can be modified to extend dates in order to get a survey. (aprox. $1200-$1500) Mayor Roettger proposes a February date, and the City Attorney to modify the agreement and have the Mayor sign, also to issue escrow payment for earnest money.
MOTION WAS MADE BY COUNCILMEMBER ROETTGER AND SECONDED BY COUNCILMEMBER G. WILLIAMS TO ISSUE A CHECK FOR $500 AS EARNEST MONEY FOR THE PROPERTY. ROLL CALL/ALL AYES
PARK AND BEACH BOUNDARIES SURVEY Councilmember Freesmeier believes the City beach boundaries should be determined so that the park users and adjoining property owners know the actual property lines. Adverse possession cannot take City Property per City Attorney. He proposes a minimally intrusive marker. However if the City would find boundaries of the park (on Ramada) it could also do the beach at the same time. Put on January agenda.
VALLEY ACCESS PEG CHANNELS LOSS. Council reviewed a letter from VACTV along with testimonials to keep the 4 PEG Channels. Discussion continued on how to call a cable commission meeting – as none is scheduled for December 2016. Treasurer Niedzweicki read from the bylaws that any two member cities to call for a special meeting. Attorney suggested they find another City member at to request a special meeting to keep the 4 PEG Channels. Council suggested Clerk Reiter to draw up a letter requesting a special meeting.
ANIMAL HUMANE SOCIETY (AHS) CONTRACT RENEWAL 2017
MOTION WAS MADE BY COUNCILMEMBER G. WILLIAMS AND SECONDED BY COUNCILMEMBER FREESMEIER APPROVE THE RENEWAL CONTRACT WITH AHS. ROLL CALL/ALL AYES
2017 LEVY AND BUDGET: Treasurer Niedzwiecki provided updated the WA County’s tax capacity information and noted SMP has only increased 2% over 5 year period.
RESOLUTION 2016-12-1-01 ADOPTING FINAL LEVY AND BUDGET FOR 2017
MOTION WAS MADE BY COUNCILMEMBER FREESMEIER AND SECONDED BY COUNCILMEMBER ANDERSON TO APPROVE RESOLUTION 2016-12-01 LEVY AND BUDGET.
DISCUSSION: 1.1% INCREASE. Councilmember G. Williams would like budget reduced by $35,000 as the City is not spending on City Street projects. Treasurer Niedzwiecki notes if this is done, then the Road Fund would go negative in 2019 and stay negative thru 2020. Council continued discussions of spending money on the streets.
ROLL CALL/ALL AYES
FINANCIAL REPORT: Treasurer Niedzwiecki presented where the City is at compared to the 2016 Budget and it is very close at $311.00 deviation. He reviewed election expense: of $3930 and $1235 that is left in long term budget. Fire Station Debt Service has 2016 reduction $1055 from refinancing the building bond.
Add to claims, #5568 for $70.00 for a total of $18,327.31.
MOTION WAS MADE BY COUNCILMEMBER G. WILLIAMS AND SECONDED BY COUNCILMEMBER ANDERSON TO APPROVE TO PAY CLAIMS CHECKS #5548 THROUGH #5568, ELECTRONIC PAYMENTS 1-17 FOR TOTAL OF $18,327.31. ROLL CALL/ALL AYES
CITY ENGINEER Mr. Parotti presented updated street CIP, please note that this is a draft for the Council’s consideration. There have been changes due to the Council and industry.
Review of the City Wide Patching for 2017 for $6000 and the past years average cost was $4500. Mr. Parotti will review seal coat industry changes. Also a turnaround was added to the plan based on the Council discussion all thought it is not yet approved.
Culvert drainage structure and street elevation are also included as potential projects. The draft CIP also spells out the program cost in 5 year and 10 year range. Moved the project of 2017 to 2018 based on information from LSCB Staff of not doing their projects until 2018. Inflation cost factor 3% only used for one year out.
Seal Coating Project: are all off the spreadsheets because industry consensus is that the oils used in the process are failing. (as evidenced by delamination). Industry and other municipal engineers (Woodbury) are putting seal coat on hold. Preference is spray emulsion for repairs rather than an overlay.
The small Cities should hold back, sit and wait until the Industry process is reviewed further for the effect on the underlying pavement. Seal Coat does however work well in streets over 30 years old. (Ex: Bayport will continue to use). Crack sealing and spray emulsion should continue for the time being.
Engineer Parotti asked for any changes desired to the street CIP be presented. Also the Council should consider adoption of the plan in January or February. Councilmember Freesmeier speaks to issue of corner at Baillion and also Itasca from SMP Drive to the gates with an approximate cost $185K to repair. This area has such cracking and delamination it should be corrected. Councilmember G. Williams speaks to moving forward on street projects rather than have LSCB hold up the City projects. Councilmember Freesmeier also speaks to raising of Itasca Ave. above flood plain elevation and also turn around at the end of Itasca. Bidding projects into parts can be risky per the Engineer Parotti. It is best if select several projects into a bundle.
Projects for the 25th Street turnaround is ready to go, along with the drainage structure.
All Itasca Avenue projects should be bid as one and likely a 2018 or later project as cost would be over $300K. The challenge of this turnaround is building with a consensus of the residents.
Mayor Roettger feels Itasca to the gate is a better project along with the drainage structure at 2870 area of Itasca, as it’s placed higher than the road. In 2016 the $230,000 fund balance plus $40K for 2017 for Road Fund and you could borrow from the general fund to get the $300K but Engineer Parotti states that the $300,000 is for part of Itasca not on the CIP.
2017 Projects identified:
 Itasca Avenue. SMP Drive to Gate $785,000 This is for rehab of pavement (mill and overlay some pavement)
 $243K (estimate) with crack seal drain structures, 25th to turnaround
 Bid time will be March (on January agenda)
 Survey of Itasca from SMP Drive to Gate is approx. $4-5,000.
Engineer Pariott to update the CIP to include Itasca Ave. elevation.
CITY ATTORNEY: Nothing
CITY CLERK: Provided update of election results. Recycle information and local Santa events.
STANDING COMMITTEE:
FIRE DEPARTMENT Councilmember G. Williams reported 396 calls and 6 were on I-94.
WMO: Councilmember Anderson noted she is now treasurer of the WMO.
COUNCIL REPORTS:
Mayor Roettger congratulates Councilmember T Williams on 4 years of service.
Condolences to the Lucker Family.
Gary Williams: River is 680.59 and temp. is 40.7. Shirley Theede will take over the care of City hall landscaping.
Nancy Anderson: River Steward Master Plan. Will be attending retreat
ADJOURNMENT at 9:40 pm
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Attested to by: Jay Roettger, Mayor
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Cindie J Reiter, City Clerk