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CITY COUNCIL MEETING OF THE
CITY OF ST. MARY’S POINT
ST MARY’S POINT DRIVE
WASHINGTON COUNTY, MINNESOTA
September 1, 2015

Meeting was called to order by Mayor Roettger at 7:00

Pledge of Allegiance was said.

Roll Call:  Councilmembers T. Williams, N. Anderson, G. Williams and Mayor Roettger

Staff Present:  T. Niedzwiecki, B. Gonzola, J. Freesmeier

Others Present:  Jim Unger, Steve and Kathy Popovich, Connie and Scott Holmer, Steph Popovich and Greg Gunderson.

APPROVE AGENDA:  
MOTION WAS MADE BY COUNCILMEMBER ANDERSON AND SECONDED BY COUNCILMEMBER FRESMEIER TO APPROVE THE AGENDA AND MOVE THE CLOSED SESSION TO THE END OF THE MEETING.       ROLL CALL: ALL AYES

SHERIFF REPORT:  Deputy Sullivan reported there has been mail theft mostly in Afton and LSCB and reported that Washington County has been reports that there has been calls calling for money and that is a scam.  Councilmember G. Williams inquired about the yellow line and Deputy Sullivan noted on sidewalk if cross yellow line in roundabout.

AFTON SEPTIC PROJECT:  Jim Unker, LSCB Councilmember spoke in regards to the letter sent regarding the Septic Project and that LSCB is not looking to continue the fight, however is just asking if there is any additional money to contribute to recoup expenses incurred.  Attorney Sandstrom noted SMP and LSCB opposed to the project at the outset, split costs between the 2 cities.  LSCB approved him to prepare and attend hearings and those fees were not split; only LSCB was charged for this.  LSCB approved engineering fees of $10,000 for environmental  analysis and SMP approved $3,000 for that, LSCB paid the rest.  Treasurer Niedzwiecki stated so far $5,738 has been paid on the Afton Project and it was strictly legal fees plus $3,000.  Councilmember G. Williams stated what was billed to LSCB and not SMP for meetings and feels perhaps some additional money could be offered, feels responsible for opposition.  Councilmember Freesmeier did not feel obligated because the city did not initiate and it is a much smaller City.  Mayor Roettger stated he would like to see the bill at the next meeting and to revisit this next month.
 
PLANNING COMMISSIONRECOMMENDATIONS
Planner Ben Gozola spoke of Popovich Grading Permit application, the Planning Commission recommended approval of land alteration (grading) at 22nd St. So and Ramada Ave So.   Impervious service is 12.8%.  Councilmember G Williams asked how long to execute?  Planner Gozola has no deadline, typically a year.  Councilmember G. Williams would like that in a resolution.  Treasurer Niedzwiecki reviewed the financials for this issue.  

MOTION WAS MADE BY COUNCILMEMBER G. WILLIAMS AND SECONDED BY COUNCILMEMBER ANDERSON TO APPROVE LAND ALTERATION WITH COMPLETION DEADLINE OF 9/1/2016 UNDER RESOLUTION 2015-09-02. ROLL CALL:  5 AYES

Attorney Sandstrom noted date to be added to resolution and Councilmember G. Williams added that to motion.

Planner Gozola discussed the Scott Holmer Grading Permit Application Planning Commission recommended approval with staff recommended 14 conditions: including imp. Surface 19.1%’ retaining wall and home meet setbacks.  Mayor Roettger asked about floodplain requirements and required surveys.  Planner Gozola stated setbacks are also necessary to track location as building progresses.  Councilmember G. Williams asked of septic to ROW and would like date deadline again- expire 9/1/16. 

Mr. Holmer spoke to change in condition #14 exterior storage construction material and Councilmember Freesmeier asked to have clarified what change to #14.  Mr. Holmer stated there is only one exterior storage container and Councilmember Anderson asked when it will be gone, Mr. Holmer replied before occupancy, hopefully in April.  

Councilmember G. Williams asked of the swale on someone else’s property and Mr. Holmer stated the mound is on his property, put there by neighbor. Attorney Sandstrom noted memo has heard of but has not seen and Mayor Roettger also heard of it but Councilmember Freesmeier needs it in hand to consider.  Councilmember G. Williams’s objection by property owner to the north,  Attorney Sandstrom provided the northerly property owner does not believe they were properly  noticed.  Neighbor Lynn Allen is concerned about run off on to her property. 

Councilmember Freesmeier has not heard or seen anything to put this on hold.  Mr. Holmer has done everything we asked.  Councilmember T. Williams noted we asked to remove structures before.  Mayor Roettger asked is there a time limit to act on this? 

Planner Gozola stated date was September 13, 2015 and can be extended 60 days if needed.  Mr. Holmer stated delaying means no start until next year. Treasurer Niedzwiecki stated we are just starting so have $1,000 escrow and no expenses to date.

MOTION WAS MADE BY COUNCILMEMBER FREESMEIER AND SECONDED BY ANDERSON COUNCILMEMBER TO APPROVE APPLICATION FOR CUP WITH CONDITIONS OF COMPLETION BY 9/1/16 AND STORAGE STRUCTURE REMOVED BEFORE CERTIFICATE OF OCCUPANCY.   ROLL CALL:  3 AYS, 1 NAY AND 1 ABSTAIN
 
 
LARRY AND BONNIE WANG:    They are selling home at 16634 22ns Street So., they have a buyer and closing is Sept. 4th but they don’t have a written document giving easement to driveway as a non-existing street.    Need proof by Sept. 3, 2015.  Treasurer Niedzweicki gave history from his records of transaction in Feb. 2008 and listed as Wang variance.  Attorney Sandstrom needs written document to take action and will contact the Wangs upon search for records the Wangs need documentation for the sale.  Treasurer Neidzwiecki noted records reflect and application for road vacation was submitted however can’t ensure it went through.  Attorney Sandstrom to look through our historical documents, stating it should be on the deed.  Suggested they look on their property records.

2016 PRELIMINARY LEVY AND BUDGET   reported we have a 1% increase to our budget.  WA County market values taxable market value – by 0.57% and minus neighboring communities Councilmember G. Williams stated we can’t continue to absorb increases of the Fire Dept. He inquired if once it hit $199,000 we need to require an audit. It was stated it would be $250,000 for audit  threshold.  Since 2012 the budget has increased by 1.4%.  Do not want to take money out of Road Fund to leave it empty, can address it in the future.  Census of council is they would like to go with the 1%.  Do not want to take any money out of the road fund.
MOTION WAS MADE BY COUNCILMEMBER G. WILLIAMS AND SECONDED BY COUNCILMEMBER ANDERSON TO APPROVE THE BUDGET AS PROPOSED BY TREASURER NIEDZWICKI of $1,875 INCREASE IN BUDGET.   ROLLCALL:  5 AYES


CITY TREASURER REPORT   Treasurer Niedzwiecki stated amount to be paid in clams is $9,002.54
MOTION WAS MADE BY COUNCILMEMBER G. WILLIAMS AND SECONDED BY COUNCILMEMBER ANDERSON TO PAY CHECK NUMBERS 5369 TO 5380 AND EFT 1-2    FOR TOTAL OF $9,002.54. ROLL CALL/ALL AYES.

Treasurer Niedzwiecki agreed to have proposal for next month regarding a credit card from US Bank and to have the Council decide who will be authorized to use it and the dollar amount limit.  LSCB is also considering this and Attorney Sandstrom has some information on this to present at our next meeting.

STAFF REPORTS
CITY ATTORNEY: Attorney Sandstrom reported (Malmgren property compliance/complaint) Mr. Malmgren called him with reasons why he shouldn’t have to come into compliance.  Councilmember T. Williams said he would resolve this within 30 days, Oct. 30, 2015.  We need some way to enforce our codes and we can with violation notice.
Attorney Sandstrom also reported recent Supreme Court issued court decision regarding sign regulation by cities. The City can’t regulate content of signs, only size and placement.
 
 
FIRE DEPT.    Councilmember G. Williams reports they are working towards getting a $15,000 sign and are receiving small amounts toward this.  They are also taking applications for new fire personal.

CABLE    Nothing to report

CLERK     Received a thank you from Ragnar and already planning for next year.

WMO   Councilmember Anderson handed out proposed budget and they all agreed for the #4 proposed budget which was the higher price one. 

Standing Committee  Reports
G. Williams:  River level is 675.52 and all streets lines have been painted, 3 piles of brush burned, garbage emptied after Art in Park. And conversation with neighbor about a turn-round at a dead end street, and trucks back into her driveway and would be in favor of a turn-round there but this will depend on money.  He would like the Councilmembers to consider this.

J. Freesmeier: Hazardous Materials collection dates are Sept. 12th and Oct. 3 from 8-12.

N. Anderson:  Would like to thank the lady who brought back her dog in her little car

Mayor Roettger:  Snowplowing business to be on our agenda as Lakeland is no longer doing this.
Letter from Paul Brown, Art in Park…Councilmember Williams spoke on fine job and the speaker talked about the history of the area.

Closed Session: Attorney Sandstrom spoke on the reason for the closed session to discuss litigation with Mr. Holmer.  Meeting will be adjourned at the end of the closed session with no official action will be taken.  

Meeting adjourned at 8:33 pm.


                                 __________________________________
                                 Jay Roettger, Mayor
Attested to by:


________________________________________
Cindie J Reiter, City Clerk
 

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