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CITY OF ST MARY’S POINT
ST MARY’S POINT MINNESOTA
Washington County, Minnesota
February 3, 2015 Council Meeting
CALL TO ORDER    by Mayor Roettger at 7:00 p.m.
Roll Call:  Nancy Anderson (absent) , Gary Williams, Tim Williams Joe Freesmeier , Mayor Roettger
Staff Present   Cindie J. Reiter, T. Niedzwicki, J. Parotti, B. Gonzola, K. Sandstrom
Others Present   Jon Picard, Steve Broecker
Pledge of Allegiance was said.
CONSENT AGENDA     To approved Minutes of Jan 7, 2015, Amend public present at Sept 2 and Oct 7, approve agenda of Feb 3, 2015
MOTION WAS MADE BY COUNCILMEMBER ANDERSON AND SECONDED BY COUNCILMEMBER T. WILLIAMS TO APPROVE THE CONSENT AGENDA AND TO USE A SIGN IN SHEET FOR A LIST ATTENDEES IN THE MINUTES GOING FORWARD.
ROLL CALL: 4 AYES/1 ABSENT
Public Comments:  None
St. Croix Valley Foundation  Jon Picard spoke to the Bike Path regarding its needs of reconditioning and have talked with several that  believe it is a good project in the Lower Valley.  The Foundation has hired SEH and the County verbally have said they support the project and the Foundation will also plan to hire Grant writers.  An estimate of $700,000 has been provided they will need to raise $250,000 and will depend on the Cities to contribute as well.  Most Grants close at end of March.  $700,000 is full reconditioning and also path made wider.  Historically it is charged by frontage with SMP having a small section about 300 ft.  
Councilmember G. Williams noted that the path is under a Joint Powers Association.  Mr. Picard was not aware of that however Engineer Parotti was and explained each Cities portion by linear foot and it was last done in 2004.  It was noted a copy of JPA should be found and also find if the snowmobile route also affects the trail.  Enginer Parotti noted a seal coat has been done with a few sections being fully reconstructed in LSCB in 2004 and in Lakeland when the Co. Road was redone.
Treasurer Niedzwicki was asked the amount of under budget in 2014.  He provided $8,000 was under budget for 2014 and also noted there may be Cable funds distribution coming up, noting it can be used without restriction however, also encouraged for communication and technology.
Councilmember Freesmeier noted Council may consider under spent in 2014 to use in 2015 for the Trails, which is approximately 4 miles with SMP having about 300 ft.
Mr. Picard proposed that the formula of the JPA would likely not be followed as they hope to fund by a grant and donations.  Engineer Pariott noted the rehab would only be to the level of need along the path with over lay for entire length.
Mayor Roettger noted the Council would have much to think about concerning the cost.  Mr. Picard noted for Grant writer they hoped to hire by the end of March.  Councilmember Freesmeier proposed the City help the cause by identifying the underspent amount for the path reconstruct.  Treasure Niedzwiecki knows of no agreement with the City, however because the path is in the ROW the County and Cities may have an agreement.  Mr. Picard to email the City Clerk when he gets more information
VACATION OF ROW AT 2929 ITASCA   Scott Holmer Application
Planner Gozola presents an application for 20ft of ROW be vacated as land is available.  The Planning Commission held a public hearing with the Planning Commission making a recommendation of City resolution for ROW along Itasca.  Engineer Parotti recommends 60ft ROW and that Holmer request does not interfere with the 60ft need.  The Planning Commission recommends approval of Holmer Application for 20 ft. ROW vacation.  He also noted original variance approval stated he should get any land available.  It did not state how much land was needed in regard to a standard lot size.  Councilmember G. Williams inquired if fees have been paid.  Treasurer Niedzwicki notes $5729.69 in fees incurred but not paid.  Councilmember G. Williams doesn’t support approving if the City is subsidizing the land gained by Property Owner.
Councilmember Freesmeier noted he found a report by Planner Gozola to be conflicting in some areas and asked for a clarification concerning the term of “public benefit”.  Planner Gozola explained that the general public benefit is at the south end of Itasca and not impacted by the Holmer request.
 Councilmember Freesmeier notes he feels none of the ROW should be vacated based on the concept of “there is public benefit” to the entire corridor, but it should not be granted piece meal.  The entire corridor situation needs to be addressed first.  Councilmember G. Williams believes some action on this application needs to be addressed.  Planner Gozola notes the City is in the 60 day time frame with an active application.  
Attorney Sandstrom stated 37,080 square feet is short of 1 acre (43,500), so even additional 20 x 155 would not get to the acre needed, in the prior application (40x155) it did get to the one acre limit.  But the lot of record on the application is questionable.
It was brought up that some property owners state they received no notice of the public hearing (mailed within 500 ft.) even though it may have been published and posted (1991).  Mailed notice is required in the Riverway District.  Attorney Sandstrom noted he has not received a request for any documentation of the hearing.  Only that information previously found and provided by the Clerk has been provided.  However, the City does need to respond to the application and has also extended the time to respond by April.  The application made in early in December and the application needs to be deemed complete within 15 days.  The original fee was not provided to either planner or Clerk, however the Planner stated the process and this application is in play.
MOTION WAS MADE BY COUNCILMEMBER G. WILLIAMS AND SECONDED BY MAYOR ROETTGER TO MOVE ON WITH ITASCA ROW CORRIDOR OF 20 FT TO ADJACENT PROPERTY OWNERS UNTIL AUGUST 1, 2015.
DISCUSSION:
Attorney Sanderson noted there is an issue with property owners for legal description and survey costs,  notes  the City give back but with costs addressed to be added to the motion…”as contingent upon property owners to hire surveyor and determine costs associated with the corridor vacation”.
        Above motion was withdrawn
MOTION WAS MADE BY COUNCILMEMBER G. WILLIAMS AND SECONDED BY COUNCILMEMBER FREESMEIER TO MOVE ON WITH ITASCA ROW CORRIDOR OF 20 FT TO ADJACENT PROPERTY OWNERS UNTIL AUGUST 1, 2015 AS CONTIGENT UPON PROPERTY OWNERS TO HIRE SURVEYOR AND DETERMINE COSTS ASSOCIATED WITH THE CORRIDOR VACATION.
Councilmember Freesmeier notes he cannot support this as the public benefit has not yet been determined for the City.  Councilmember G. Williams notes his motion is to move on this by a specific date.  Mayor Roettger noted he will not vote as he is an affected owner.
            ROLL CALL:  2 Ayes/1 Nay(Freesmeier), 1 Abstain (Roettger) , 1 Absent
MOTION WAS MADE BY COUNCILMEMBER G. WILLIAMS TO APPROVE HOLMER APPLICATION FOR 20 FEET IF FEES AND COSTS ARE PAID BY AUGUST 1ST.
No Vacation of ROW until public hearing for the corridor is turned back information to all adjoining property owners.  Treasurer Niedzwicki asks about issue of fees Holmer is contesting.  Attorney Sandstrom notes some of the fees are being questioned.
                Motion failed for lack of a second
MOTION WAS MADE BY MAYOR ROETTGER AND SECONDED BY COUNCILMEMBER G.  WILLIAMS TO PROVIDE MR. HOLMER ONE MONTH TO PAY FEES AND THEN COUNCIL WILL VOTE ON HIS APLICATION IN MARCH.
                ROLL CALL:  4 Ayes/1 Absent
LSCV FIRE RELEIF ASSOCIATION (FRA) Request for increase in retirement benefit.
Councilmember G. Williams spoke on the Cities is responsible for any deficit by the FRA.  He noted FRA is funded by 2% surcharge on the homeowner’s insurance policies.  He also noted the fund is currently at 131% funded.  The RFA can increase the funding without Cities approving but the Cities would have to pay the deficit if not approved by Council.
MOTION WAS MADE BY COUNCILMEMBER G. WILLIAMS AND SECONDED BY MAYOR ROETTGER TO APPROVE RESOLUTION 2015-02-01 AS READ BY COUNCILMEMBER G. WILLIAMS INTO THE RECORD EFFECTIVELY FEBRUARY 3, 2015.        ROLL CALL; 4 AYES/1ABSENT
2015 FEE SCHEDULE (deferred from January)
Explanation of the need to Escrow per information from D. Stensland last year..  Councilmember G. Williams doesn’t feel the need.  Mayor Roettger noted it is an issue to collect a large amount.  Attorney Sandstrom spoke to the excessive cost of variance applications in all zoning districts.  Councilmember G. Williams noted the grading permit should remain at $500.  Engineer Parotti noted cost of grading on some projects can be significant making a complex application more.  Clerk to amend the fee schedule as suggested by Council.  
MOTION WAS MADY BY COUNCILMEMBER G. WILLIAMS AND SECONDED BY COUNCILMEMBER FREESMEIER TO APPROVE AMENDED FEE SCHEDULE.
                ROLL CALL:   4 Ayes/1 Absent
COUNTY SUBSURFACE SEWAGE TREATMENT SYS. (SSTS)  Public Hearing Feb. 24, 2015   Councilmember G. Williams notes that there are changes being made and the Cities need to track and watch changes made.
ENGINEERING QUOTE FOR POTENTIAL ITASCA ROAD CONSTRUCTION (deferred from January) Recap of January meeting information on letter date of December 23, 2014 regarding the elevation of Itasca at lower elevations for about 590 feet.  Engineer Parotti provides cost of surveyor bidding, soil boring for $19,269.  Inquire of City Council to move forward to obtain bids.
Councilmember G. Williams’s notes approximate cost $200 per foot to see if elevation of roadway is good for City.  He cannot support goal of project to elevate the road as it is in good repair now.  He proposes we wait until an event over takes the road and other help is available.  
Councilmember Freesmeier proposes that all the issues of 20 ft. turn back the Itasca elevation, the need for cul-de-sac for emergency vehicles, further that money is in budget and feels he should go forward.  
Property Owner Steve Broecker spoke to his property would be compromised if road is elevated or straightened.  
Mayor Roettger doesn’t necessary feel it would be an issue but agrees would make his corner an issue as it is in a hole.  He proposes other issues be resolved and proposes it be tabled until next year.  
Councilmember Freesmeier asks what is to be done with the money in the budget.  
Councilmember G. Williams proposed a turnaround be done on 25th St.. as all large vehicles have to back up causing possible problem.  
Mayor Roettger notes 24th St. may be area also for a turn around.  He noted these are not expensive upgrades and he also feels ditching along Iroquois should be done as well; once again small ticket items.  
The current Street CIP for this year has been delayed for combination with bigger project.  Councilmember Freesmeier asks that land owners on 25 St.th be talked with regarding a turn around.  
Engineer Parotti notes Council can push it out until March for possible turn around at 25 St.th.  He aslo noted the roadway at Itasca and Baillon is needed as corner is eroding again.  Possible remedies have been given. Council asked if Engineer  Parotti check out areas in questions when snow is gone to advise Council on possibility of work.
YOUTH SERVICE BUREAU   REQUEST FOR FUNDING
In odd years funding has been given to YSB other years are Community Thread.  In 2013 we gave $200.  Budget is $550 for donation and training.  Councilmember T. Williams proposes $150.
MOTION WAS MADE BY MAYOR ROETTGER AND SECONDED BY COUNCILMEMBER G. WILLIAMS TO GIVE $250 TO THE YOUTH SERVICE BUREAU.
                    ROLL CALL:   3 AYES/1 NAY (T. Williams) /1 ABSENT
STAFF REPORTS
ENGINEERING REPORT:   Engineer J. Parotti asked   the City Council for direction seeking sweeping and drain quotes.  Sweeping was not done in the fall of 2014 due to weather.  He proposes RFP or just updated bid from McPhillips.  Councilmember G. Williams noted Miller drainage report did not include SMP.  Engineer Parotti did confirm work has been done but has not received updated report.  Councilmember G. Williams notes structure at 21st and Itasca did not appear to work thus without report condition of structure is not known if working or not.  Engineer Parotti proposes that the structure should be looked at.  It was noted McPhillips did a great job with the Elgin sweeper and thus a quote should be gotten.
TREASURERS REPORT    T. Niedzwiecki provided a recap of 2014 with the General Fund ending $8,000 higher than beginning of year.   Street Improvement fund $149,000 ending balance.  He proposes the $8,000 be placed as a discretionary reserve for possible bike trail improvement.  He asks for a consensus of Council to deal with the $8,000.  Consensus to place in LT Improvement of Parks and Rec..  
Claims to be approved:  $16,405.75 check #5289 to #5297 with electronic payments #1-9 for
MOTION WAS MADE BY COUNCILMEMBER G. WILLIAMS AND SECONDED BY T. WILLIAMS TO APPROVE PAYMENT OF $16,405.75 OF CHECK NUMBERS 5289 THRU 5297 AND ELECTRONIC PAYMENTS 1-9.    ROLL CALL:   4 AYES/1 ABSENT
SHERIFF REPORT:  6 calls
BUILDING INSPECTIOR REPORT   6 PERMITS ACTIVE
ATTORNEY;  Nothing
CLERK REPORT    ISD 834 Election possible in May and MIDS session in March 3rd at 6:30
FIRE DEPT.   Noted number of calls and they have hired Jim Stanley as full time employee. Councilmember J. Freesmeier spoke to lighted sign being addressed at Fire Meeting and he also attended the Appreciation Dinner.
CABLE COMMISSION:  Fire Dept. asked for funding of $7,000 for lighted sign from the Cable funds.  SMP cost is $500.  Sign is expensive of up to $15,000 per Councilmember G. Williams.  
Councilmember T. Williams asked how $500 is allocated.  He noted that calculated amount is driven by the number of users.  He noted the City will be getting $8,000 of undesignated dollars and then $$7,000 of undesignated funds to be given to the Fire Department.  SMP is 8% of allocation.  
Councilmember G. Williams noted the Fire Dept. said they would seek funding from other sources before seeking City funding.  Councilmember Freesmeier noted he does not like LED signs at all and prefers sign without maintenance and $15,000 is not a good use of funds.  He feels it is a roundabout way of gaining access to Cable funds due to the cities.  
Councilmember G. Williams noted Fire Dept. had excess funds at time of building and could have done a sign at that time.  Brick work is done and they have not done fundraising for the cost of a sign.  Treasurer Niedzwiecki noted the Cable Commission had done a preliminary agreement to designate funds to the Fire Dept.  It has to be a unanimous decision by all the Cities to designate money from Cable Commission to Fire Department.  The council advised Councilmember T. Williams for Cable Commission decision to NOT support Fire Department sign.  
Councilmember G. Williams stated originally started at $1.35 franchise fee and is now over $4 and the Cable Commission had not approached the Cities for support of increasing cable franchise fees.
Council Report  
Councilmember Anderson    absent
Councilmember G. Williams …Xcel Energy proposed a program to replace all street lights to LED.  However no cost provided the process should take 2 to 3 years.  He noted the City should determine if all of the 17 lights are needed.  Benefits are no mercury and bugs not attracted to LED.
He provided notice of the passing of longtime resident of David Hasland.
He proposes hiring a youth to work during the summer months.  I would be cost effective and could use them 20 hours a week and have the ability to lift 50 to 70lbs.  Councilmember Freesmeier noted perhaps 20 years ago the City did use youths and supports the concept also.
Councilemmber G Williams  noted the ROW line of sight moratorium in regards to placing vegetation in the ROW would be to limit growth into overhead lines and obstructing sight lines.  
Attorney Sandstrom noted the use of ROW belongs to the City for Public purpose and the City can limit what is in that ROW.  He also noted that a moratorium means: Stop what are allowed to do   Prohibition may be more appropriate.
Councilmember Freesmeier noted the current ROW of Itasca is 100ft and certainly wouldn’t look right to have a strip without vegetation; so is not necessary supportive.
Property owner S. Broecker noted if the cutting or prohibition was uniformly enforced it would be better.
Mayor Roettger noted use of signage to notify people of trimming was beneficial.

.     MOTION TO ADJOURN at 9:40 pm        All Ayes

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