Members Present    Jay Roettger ,Gary Williams, Nancy Anderson, , Louise Russell, Joe Freesmeier
Staff Present:        Cindie J. Reiter, Kevin Sandstrom, Tom Niedzwicki, John Parotti, Ben Gozola
Others Present    Deputy Nick Sullivan
Call to Order     by Mayor Roettger at 7:01 p.m.
Pledge of Allegiance was said

CONSENT AGENDA  
Approve Minutes March 1, 2011
Approve Minutes March 15, 2011
Approve Agenda of April 5, 2011 with change to move Sheriff Report up as Deputy was in attendance. MOTION MADE BY COUNCIL MEMBER RUSSELL AND SECONDED BY COUNCIL MEMBER WILLIAMS  TO APPROVE MINUTES AND CHANGE TO APRIL 5, 2011  AGENDA.
            ROLL CALL: ALL AYES
SHERIFF REPORT
Deputy Nick Sullivan presented that city has been pretty quiet.  Four animal control complaints.  Councilmember Anderson commented that with the extra patrol it has been very quiet.

PUBLIC COMMENTS   None.

PLANNING COMMISSION RECOMMENDATIONS
City Planner, MFRA, Ben Gozola to present to Council as Board of Appeals (BOA) the recommendations of the City Planning Commission.

City Attorney noted that City Council may proceed as the Board of Appeals, as council is the same unit.

Planner Gozola provides history of the issues that took place from the (former) applicant and explains purpose of clearing code discrepancies.  He presents that the BOA provides the Council with language of interpretation for the Council to address city code issues.  Planner Gozola states that Comp Plan review to current city ordinances is heard by the City Council as the BOA and presented a power point presentation for issues of ;  buildable lots, guest house, building height and fill, lot access.

He concludes that the Comp Plan does not conflict with development of Historic Lots of Record.  That the important phrase “except as may be provided” accounts for possible change or exclusion.  

He speaks to the term “In addition to” language but those listed do not include the Shoreland Bluffland District, and that “In lieu of” language does include all districts and Shoreland Bluffland District, as likely as, in deference of the DNR to protect the river.

Presented was a WA County aerial view of the St. Mary’s Point underlying districts and Shoreland Bluffland areas.  Noting it appears there are 8 vacant lots and are buildable and noted other lots of record can be buildable as determined by the Planner and the Planning Commission. Presented are 23 lots that could request building permits and there are 129 unbuildable lots (less than 18,000 sq. ft).

A 2010 Review of city records shows that; Shoreland District supremacy, the Haslund Supreme Court Decision, MN Statute 462.357 (Comp Plan) and past implementation and interpretations have been discussed.  Planner Gozola believes that prior staff did not speak correctly on statute 462.357 and that past practice should be followed is in conflict with city code.

Planner Gozola notes that the Comp Plan does not preclude the code used and provides that the Planning Commission and he have recommended that BOA go forward with their recommendations.

Councilmember Williams noted that “Historic Lots of Record” is not a term in existent in current code and notes that the City is under the Wild and Scenic Riverway Act not anything in the Mississippi Act as referenced.

Councilmember Freesmeier ask that the City Attorney weigh in on the notion that previous staff did not interpret statute correctly.  

City Attorney Sandstrom provides his prospective that Bluffland Shoreland District code is “in lieu of” and trumps the zoning code in his interpretation.  He further speaks to the former planner memo and perhaps the former city attorney’s clarification.  Both noted that “in addition to” stacked both codes to be most restrictive.  City Attorney Sandstrom feels that “in lieu of” applies.

He explains that a lot in existence before 1974 has special privileges of the 60% rule (i.e. 60% of acre in the Riverway District).  Thus, reference to Historic Lots of Record by the Planner would be the lots existed before 1974 Shoreland Bluffland Ordinance.

Councilmember Williams questions if the Lot of Record in R-2 (is 2.5 acre zone) that then 1 acre minimum applies.  Planner Gozola responded that it is “in lieu of” and the 1 acre applies.  

Councilmember Williams believes that those that have 2.5 acres in the Riverway District may want to sub-divide to 1 acre and if that is then need to go though subdivision process.  He stated that people have paid considerably in past to subdivide and they may want to speak to this.  He notes that the city’s attorney firm is the same, they presented the process back then and it should be the same now.

City Attorney Sandstrom  spoke to the process of clarifying the correct interpretation via the BOA’s determination.

Councilmember Freesmeier notes this decision should not be rushed into this eve,that discussion is needed to resolve and review any changes.  His concern is change to USE of lot that could occur.

City Attorney Sandstrom noted it is no change just clarification by the BOA.

Further discussion took place on if the last planner’s determination of not buildable or buildable with a variance and how to proceed given the concern presented by Councilmembers Williams and Freesmeier over possible litigation, referencing the last litigation cost the city $40,000.

City Attorney Sandstrom presents that this meeting of the BOA is to determine interpretation of code not change of code.  Mayor Roettger reiterated that the city needs to clarify the grey areas of the code.  He noted that if the BOA agrees to interpretation then ordinance can be proposed for public hearing later this month.  
Councilmember Russell stated that the Planning Commission has been working on this and will continue to do so.  Councilmember Williams expressed that the DNR have review of this process.

City Attorney Sandstrom speaks to the DNR Bluffland Shoreland Ordinance would be changed.  Just that zoning code overlying the Riverway District would be given a finite interpretation as to how they interplay.  He noted that a motion by the BOA could speak to resolve of the Shoreland Bluffland Code be “in lieu of” and this application would prevail.

Councilmember Russell/, seconded by Councilmember Anderson motion to accept staff interpretation of code.

Councilmember Williams notes this to be premature if approval of interpretation is passed, given most recent issue of not interpreting it correctly as presented.

Heated discussion took place over the interpretation presented being just.   Councilmember Williams states he agrees that the ordinances do need to be cleaned up and interpretation to be more clear. Councilmember Freesmeier expresses concern over troubling thought that prior staff (planner and attorney) interpreted differently.  

Councilmember Russell noted that the recent planner presentation has taken place over the course of three months.  City Attorney Sandstrom speaks to the prior planner noting the conflicting nature of the Comp Plan and various ordinances.  Noting the ordinances were not reconciled.  He believes current planner has done more work towards determining what intent the code implies and how to reconcile the differences.

Councilmember Freesmeier asks for clarification that lots in blue (lots in Bluffland Shoeland District) of power point presentation, that code does not change that would force a variance situation.

Planner asks that the BOA determine & clarify that he is interpreting the code correctly as presented.

Roll Call:  4 ayes/1 Nay (Wiliams)

Planner Gozola continues to present that Planning Commission would like to look at other city codes to provide non-conflicting language (ex. Airport) and notes that an electronic format will suit most users and be fore user friendly.  It would further address the supremacy issue.

He went on to say that the 50% valuation code may not be legal and the genral land use issues of the 60 day rule is hard to follow given a small staff.  He also provided that Conditional Use Permits (CUP) and Interim Use Permit (IUP) language could be improved as well as the zoning district and use section needs to be attended to as well.  Sign code need to be changed per state requirements along with address and home occupation and fine amounts imposed by the city can be changed.  Planner Gozola noted that the Planning Commission felt it best if the city can look for a process to follow for change or update to code.

Councilmember Williams asked if the city attorney or planner is charged with ordinance revision.  City Attorney notes that he may need to step in to where required but notes the planner can write ordinance language with legal oversight.

In response to Planner Gozola inquiry as to what methodology should be followed. Discussion on how to proceed with city code re-write or revisions.  Most felt it beneficial to do all at once but recognized expense.

City Engineer Parotti commented that city issue of drainage concerns should be reviewed by city engineer and/or WMO for engineering issues.  City Treasurer Niedzwiecki advised that city could seek possible grant opportunities and proposed help of Afton contracted staffmember.  Mayor Roettger proposed getting a bid from MFRA Planning.

Councilmember Anderson, seconded by Councilmember Russell motion to have planner and city attorney work together to provide a quote of overall cost to revise code.  Roll Call:  All Ayes

Further inquiry as to when building moratorium is to end.  City Attorney inquired if it should be extended and consensus is to let it expire on the date spelled out in the resolution.

FLOOD UPDATE
Emergency Operation Manager, Dale Peirson noted the benefit of cold slowing down the melt and resultant rise of the river.  He noted the river would rise to 688 on Monday (April 11, 2011) however heavy rain is predicted for the weekend and river could rise again and reach 689 which is majhor flood stage.  He further reviewed issues of frozen sandbags and storage of unused sandbags.


FIRE DISTRICT APPROVAL OF BY-LAW AMENDMENT



Councilmember Williams, seconded by Councilmember Russell to approve LSCVFD By-Laws by Resolution 2011-4-01.  Roll Call:  All Ayes.



COPIER


Councilmember Williams, seconded by Councilmember Freesmeier to approve purchase of Brother 9405 with extended warranty.
Discussion
Roll Call: All ayes.

City Engineer Parotti presented
.  
Treasurer Report, Tom Niedzwiecki

Presentaion and discussion……………….


MOTION MADE BY COUNCILMEMBER WILLIAMS AND SECONDED BY COUNCILMEMBER RUSSELL TO PAY BILLS AS PRESENTED FROM MARCH 16 THROUGH APRIL 5, 2011 IN AMOUNT FO $22,533.45
    Roll Call: All Ayes


MOTION MADE BY COUNCILMEMBER WILLIAMS AND SECONDED BY COUNCILMEMBER RUSSELL TO TRANSFER $6000 FROM GENERAL FUND TO DISASTER FUND.       Roll Call: All Ayes



Building Inspector Stensland
Same list as previous month.

Attorney Kevin Sandstrom

City Clerk

STANDING COMMITTEE – UPDATES
Fire District Rep.
Councilmember Williams

    
Middle St. Croix WMO - Anderson
    
.
Cable Commission
    Councilmember Freeismeier presented

Mayor Roettger noted a
    
ADJOURNMENT
MOTION MADE BY COUNCILMEMBER RUSSELL AND SECONDED BY COUNCIL MEMBER WILLIAMS TO ADJOURN THE MEETING AT 9:28.
MOTION PASSED, ALL AYES.




_______________________________________________
Mayor, Jay Roettger



_______________________________________________
Attest: City Clerk, Cindie J. Reiter