City of St. Mary’s Point
City Council Meeting – April 5, 2005
St. Mary’s Point Web address:  http://stmaryspoint.org

PRESENT:  Mayor Jones, Councilmembers, Jacobson, Williams, and Theede
ABSENT:  Councilmember Farnham


CALL TO ORDER.
Mayor Jones called the meeting to order at 7:00 p.m.  The City Clerk took roll call.

PLEDGE OF ALLEGIANCE.
The Pledge was recited by everyone in attendance.

APPROVAL OF AGENDA.
Mayor Jones suggested moving item #8 – the WMO legislation up on the agenda since David Beaudet, WMO Chairman, is at the meeting.  Motion by Councilmember Williams, seconded by Councilmember Theede to approve the agenda as amended.  Motion passed 4-0.

APPROVAL OF MINUTES.
Motion by Councilmember Theede, seconded by Councilmember Jacobson to approve the March 1st, 2005 minutes.  Motion passed 4-0.  

PUBLIC CONCERNS.
There were no public concerns at this time.

MIDDLE ST. CROIX WMO LEGISLATION – DAVID BEAUDET.
David Beaudet, chairman of the Middle St. Croix Water Management Organization, appeared before the Council regarding proposed legislation.  He informed the Council that there are several communities in the lower St. Croix Valley that have a significant part of their tax base located in another water management organization that have levy authority.  The Middle St. Croix WMO gets their revenue out of the general fund of every community.  It should be a tax based on fairness.  In order to correct that taxing inequity, they need to be recognized as a taxing authority.  

Mr. Beaudet indicated that he understands that one concern the Council had is about the budget increase.  He stated that the Legislature has added some additional requirements for the WMO which is forcing them to increase their budget. One of the new requirements is that they have to provide a newsletter to every household in the WMO.  Mayor Jones added that the proposed budget for this City went from $282 to $642.  Mr. Beaudet addressed the other issue that the Council has, which is regarding who should be the representative.  Currently 9 out of the 10 board members are elected officials from each city council/town board.

Mayor Jones clarified the issue further by explaining that there are two water districts in this City, the Valley Branch and now the new WMO.  It is unfair that the residents that live in the Valley Branch District are getting taxed twice, as a direct assessment against their property, and through their City property taxes.

Councilmember Williams stated that one reason he is opposed is because cities create a non-elective body with taxing authority.  It is a concern because it is beyond the citizen’s control regarding taxing.  Furthermore, the City has been part of the Joint Powers agreement since the early 1980’s and nothing has really been done for the City.  Mr. Beaudet responded that the WMO doesn't have a choice because they have to meet the new state requirements.  The budget remains the same whether or not there is a special taxing authority.  John Jansen (Vice President of the Middle St. Croix WMO) added that if they do not continue with the WMO and allow the WMO to do what is required by state law, they will find themselves back in a watershed district.

Motion by Mayor Jones, seconded by Councilmember Theede to reconsider the Middle St. Croix Water Management Organization Resolution not passed at the March meeting.  Motion passed 3-1 with Councilmember Williams opposing the motion.

Motion by Councilmember Jacobson, seconded by Mayor Jones to approve the Resolution encouraging the Minnesota Legislature to create a special taxing district for the Middle St. Croix Water Management Organization.  Motion passed 3-1 with Councilmember Williams opposing the resolution.

SHERIFF’S REPORT.
Deputy Angela Hanson appeared at the meeting and gave her report.  There were 13 calls for service received during the month of March and 3 citations were issued.  

MIKE PUTNAM – ROAD DEPOSIT.
Mike Putnam appeared before the Council regarding his building escrow amount.  The City Treasurer, Tom Niedzwiecki, reported that he has $5,000 in escrow for potential road damage.  There is also $500 refundable deposit, which has been expended and exceeded.  They owe the City a balance of $176.12 right now.  That can be deducted from the $5,000.

Dave Simons, the City Engineer, commented that there is some road damage on the road in front of this project.  He does have some pictures that he can provide that show the damage.  He thinks most of the damage is due to the heavy trucks going along the edges and some corners.  Mr. Simons did get a quote from Tower Asphalt for $5,825 to do the repair work.  When the bids came in last summer, the Council decided to wait on the repairs because there is other work going on in that area that could cause damage as well.

Mayor Jones asked if the Putnam’s have seen the estimates.  Mr. Simons replied that he has not discussed it with them yet.  He was going to wait until the project is done to see if there is any more damage.  The Putnams replied that they did finish their project.  Mr. Simons indicated that he would forward the estimate to the Putnams.  They will review the estimates and then let the Council know what they would like to do.

CITY ATTORNEY’S REPORT.
The City Attorney, Mark Vierling, reported on the animal control issues the Council had concerning an animal that was returned to a property where it had previously been prohibited.  Since the last Council meeting, they had the deputy go to the residence and talk with the occupant of the property.  There were some questions regarding the order issued by the Court; so his office sent the order to the deputy and the deputy showed the order to the occupant.  The animal has now been removed.

Mr. Vierling also addressed the junk vehicle protocol prepared by Councilmember Farnham. He addressed the last bullet point on the proposal that states the costs for court ordered removal of junk vehicles can be recovered through increased property taxes.  The City can not certify that for collection.  He informed the Council, that in some communities, the deputy does the initial investigation and review of the property to determine whether or not there is a junk vehicle that is inoperable on the property.  The deputy can contact the property owner at that time to give them a warning about the vehicle.  

Councilmember Williams stated that before the ordinances were recodified there was a specific ordinance regarding the inoperable vehicles.  His understanding was that the ordinance was to be incorporated with the new ordiances and it is not there now.  Mr. Vierling replied that he doesn’t have a recollection of that discussion, but the Council can modify the ordinance now.  Councilmember Williams requested that the old ordinance be located so that it could be addressed further.

FINAL PROJECT COSTS FOR BIKE TRAIL IMPROVEMENTS.
Dave Simons, the City Engineer, reported that the bike trail project is complete, all the final costs are in, and the DNR payments have been received.  Mr. Niedzwiecki prepared a spreadsheet explaining the costs associated with the project.  The communities made payments, and the DNR grant funds provided a refund to the communities.  The refund for this City was $281.  Mr. Niedzwiecki reported that he will be recommending to the City of Lakeland, that they disburse the funds at their April meeting.  No formal action is needed by this City.

Councilmember Williams asked about the damage done to the trail around the Hegna property. Mr. Hegna should be responsible for that damage, not the communities.  Mr. Simons replied that he will get a quote for the damage.  The repairs can’t be done until the driveway access on Highway 18 is removed.  Duane Stensland, the Building Inspector, added that he has checked on the status of the project with Mr. Hegna.  Councilmember Theede commented that he has gotten some calls complaining about debris in the area and how open the concrete foundation is in that area.  He is wondering if a construction fence be put up.

PLANNING COMMISSION WORKSHOP UPDATE.
Mayor Jones reported that the Planning Commission workshop meeting went well.  Councilmember Farnham and John Glomski, the City Planner, led the workshop.  The Planning Commission elected Louise Russell as chairperson.  Mayor Jones handed out packets for the Planning Commission that gives good background information.  There was a monthly schedule established for the Planning Commission, but the April meeting will be cancelled since there are no new applications at this time.
ENGINEER’S REPORT.
City Engineer, Dave Simons, reported that the permanent posts at 2470 Quebec Avenue have been removed.  He also reported that the road restrictions are currently in place on City streets (5 tons per axel).  They will be off sometime between mid-April to May.  

Mr. Simons provided the Council with a map that shows where the watershed boundaries are for both the Valley Branch Watershed and the Middle St. Croix Watershed as they apply to St. Mary’s Point.  Most of the community is in the Middle St. Croix Watershed, but the southwest part is in the Valley Branch watershed.

BUILDING INSPECTOR’S REPORT.
Duane Stensland, the City Building Inspector, reported that the Shafer project will be starting soon.  The permit is good for one year from when it was issued.

Motion by Councilmember Theede, seconded by Councilmember Williams to extend the Schaffer variance expiration date by 90 days. Motion passed 4-0.

Councilmember Williams asked Mr. Stensland about the status of the Frost project.  Mr. Stensland replied that he has until August to get the project completed.  He is currently in the process of putting up the drywall.  

TREASURER’S REPORT.
City Treasurer, Tom Niedzwiecki requested the Council pass a resolution approving workers compensation coverage.

Motion by Councilmember Theede, seconded by Councilmember Jacobson to approve Resolution 2005-4-1, a resolution approving workers compensation coverage for elected officials.  Motion passed 4-0.

Mr. Niedzwiecki gave his financial report for the month of March, 2005.
Councilmember Theede asked Mr. Niedzwiecki about the outstanding bills due for various construction projects in the City.  He replied that the money is due when the bills are sent out.  He will send out another notice to the people who owe money to the City.

Motion by Councilmember Williams, seconded by Councilmember Theede to pay the bills with checks number 2363 through 2386 with 2375 voided, along with the electronic payments for a total of $16,610.63.  Motion passed 4-0.

MAYOR’S REPORT.
Mayor Jones reported on several different issues.
There is training available at the Flood Plain Management Workshop on April 13.            Councilmember Jacobson replied that Louise Russell might attend.
b.)    He attended the last Mayors Alliance meeting.  Mayor Craggs is leading an initiative to  look at the feasibility about a community center in this area.  There will be a meeting coming up regarding this idea.
Lake St. Croix Beach would like to hold a joint hearing to address the street closures along Highway 18.  The City Clerk will follow up on scheduling the hearing.
He received a letter from Kris Blake regarding the Art in the Park program for summer.  She is requesting $1,000 from the Council to spend on the program. Councilmember Jacobson will let Kris know that she can have the $1,000 to spend.
e.)    He attended the Lakeland City Council meeting and will plan to attend the Lakeland Shores City Council meeting.  He will come back to this Council with recommendations for their meetings.  
f.)    The Local Board of Appeals meeting is scheduled for April 26th at 6:30pm.

COUNCIL REPORTS.
Councilmember Jacobson
a.)    She met with the HUD staff and with the contractor, Jeremy Beedle. She signed the paperwork and the check should be in the mail.
She walked down to Tom Leonard’s residence.  The river water is up and the brush pile that was supposed to be removed is still sitting there.  Mr. Simons will contact Mr. Leonards about the problem.

Councilmember Williams
a.)    He put the new Council chairs together.
He stated he would like to encourage the Mayors to look at the Community Center in North St. Paul as an example since it also has a library with it.
On June 15 there is training offered by the League of MN Cities regarding land use.  
He reported that the DNR has a burning ban in effect as of Monday.
He informed the Council that the Fire Department is aiming at an 8% budget increase.  They will have to bring it forward to each city for approval.  He recommends that this Council do not approve the 8%.
The Council will eventually need to find a replacement for Jeff Stanely, their representative for the Fire District.  He is planning on moving.

Councilmember Theede
a.)    He reported that the City Clean-Up Day is scheduled for April 23 from 8-noon.  There will be a $15 minumum charge.

CLERK’S REPORT.
The City Clerk had nothing additional to report.

ADJOURNMENT.
Motion by Councilmember Theede, seconded by Councilmember Williams to adjourn the Council meeting at 9:10 p.m.  Motion carried.


Respectfully submitted,


                                
    Donald R. Jones, Mayor                Holly A. Whalen, City Clerk