City of St. Mary’s Point
City Council Meeting – April 7, 2009
St. Mary’s Point Web address:  http://stmaryspoint.org

PRESENT:  Mayor Williams, Councilmember Russell, Councilmember Jacobson, Councilmember Theede
ABSENT:  Councilember Freesemeier is absent; it is noted that he will be late to the meeting

CALL TO ORDER.
Mayor Williams called the meeting to order at 7:00 p.m.  The City Clerk took roll call. Councilmember Freesmeier was in attendance at 7:04 p.m.

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

APPROVAL OF CONSENT AGENDA.
Motion by Councilmember Theede, seconded by Councilmember Jacobson to approve the consent agenda, including the March meeting minutes and the April agenda.  The motion to pass the April agenda and the March meeting minutes included the amendment of Councilmember Jacobson’s report that included a motion to purchase microphones & equipment for City Hall.  The submitted meeting minutes indicated this motion was opposed by Mayor Williams, which is not accurate.  The revised minutes will reflect that this motion was opposed by Councilmembers Freesmeier and Theede.

Motion passed unanimously.

CITY TREASURER’S REPORT
Tom Niezwicki, City Treasurer, gave the financial report for the month of March.  Tom also outlined the Workers Comp information that he received pertaining to volunteers at SMP.  

Motion by Councilmember Jacobson, seconded by Councilmember Freesemier; to pass resolution number 2009-04-01; approving the Workers Comp plan as outlined by the City Treasurer.  Motion passed unanimously.

Motion by Councilmember Theede, seconded by Councilmember Russell to pay the bills with checks numbered 3312 through 3335; and the 9 electronic payments.

Motion passed unanimously.

PUBLIC CONCERNS.
Dave Nelson was present at the meeting and expressed his concern regarding the packet of information that is prepared for public use during the City Council meetings.  Dave stated that, in short, any piece of information that is prepared and presented to the City Council should also be in the information packet that is distributed to the public.   

Dave Nelson also voiced concern pertaining to the closed meeting that was held during the March City Council meeting.  Dave outlined the requirements of having a closed meeting, as stated on the state of MN website.  He stated his understanding of this information is to almost never have a closed meeting for the purpose of obtaining legal advice.  

Dave asked City Council if they had read the ruling in the DNR & Haslund case.  Dave stated that he, has, read the ruling and went on to outline his understanding of it to the City Council.  Dave requested that the ordinances pertaining to this case be addressed in the future and be brought into line with the DNR ordinances.

Dave voiced concern pertaining to a vote that occurred at the March City Council meeting, which will involve spending taxpayer dollars. Dave requested that on future agendas, the agenda state if the issue will be voted on during the City Council meeting.

SHERIFF’S REPORT.
Deputy Wick was present prior to the SMP City Council meeting and distributed a patrol report outlining 13 calls for service in the previous month and one citation.
 
Councilmember Theede requested that the Sheriff’s office be attentive to the stop sign located on the corner of Itasca and St. Mary’s drive.  He reported observing numerous cars driving through this stop sign and stated he has received numerous complaints from SMP residents.

Mayor Williams inquired about the COPS Recovery Program and Deputy Wick stated that he would be better served to contact the Sheriff or Chief Deputy for information pertaining to this program.

7.     ITASCA STREET FLOODING.
Mayor Williams reported he met with John Parotti, City Engineer, to discuss the flooding that had taken place on Itasca.  The Mayor stated that this problem occurs annually.  Dave Simmons was present at the meeting to discuss this issue.  Dave distributed a copy of the sketch that was prepared, pertaining to this issue. John outlined this sketch and presented it to the Council.  

The sketch was reviewed and alternative routes were discussed.  Mayor Williams stated that he and John had a discussion about ditching the area to get the “run-off” off the road if this project is not completed.  Dave estimated the cost for this initial project could approach $100,000 and re-iterated that this figure is a preliminary guess, without having received any estimates.  John also discussed a rain garden and a drainage structure or using a combination of the two to try to alleviate this problem.  

Mayor Williams summarized by stating that something needs to be done to try to remedy this problem.  Councilmember Freesemeier inquired if the water could be pumped and Councilmember Theede inquired if the water could be vacuumed.  It was stated that both of these solutions could provide temporary relief from this problem.  The next step, as recommended by Dave, will be to look at the inside of the current structures and clean these structures and obtain an estimate to find out how much an emergency vacuuming will cost if it becomes necessary.  

MILLER EXCAVATING SWEEPING PROPOSAL
Mayor Williams stated that Miller Excavating uses a sweeper that is able to pick up sand.  The sweeper that was used in SMP last year was not deemed to be adequate to sweep the streets in SMP.  Mayor Williams stated the estimate received by Miller Excavating includes the sweeping of the streets, rental of the equipment and also the removal of sand.

Motion by Councilmember Jacobson, Seconded by Councilmember Russell , to move forward with entering into a contract with Miller Excavating for the sweeping of the streets in SMP.  

    Motion passed 4-1; opposed by Councilmember Theede.

FOLLOW UP ON BUTCHKO PROPERTY
Duane Stensland, Building Inspector, reported that Mr. Butchko has stated that he is going to remove the covered entry from his property within one week.  

Cameron Kelly, City Attorney, stated that he sent a letter on March 6, 2009 indicating that the addition was a violation and outlined what next steps may be taken by the City.  

Motion by Councimember Jacobson, seconded by Councilmember Russell, to authorize Cameron Kelly, City Attorney, to take action one week from today if no cooperation has been received by the Butchkos.  The action taken will involve a Criminal suit initially and a Civil suit to follow.  

Motion passed 3-2; opposed by Councilmember’s Freesemeir and Theede

PLANNING COMMISSION/PLANNING
Councilmember Russell stated that two letters have been received by people who are interested in joining the Planning Commission.  Sean Anderson & Bill Baglio.  A Planning Commission meeting will be held on Aril 27th.    

Mayor Williams appointed these two individuals to the Planning Commission.

Motion by Councilmember Russell, seconded by Councilmember Freesmeier, to approve the appointment of Sean Anderson & Bill Baglio to the Planning Commission.  

Motion passed unanimously.

STANDING COMMITTEES – UPDATES.
Fire District
Councilmember Theede reported the ambulance fund was discussed and it is doing well, with approximately $40,000 in the fund.  A new camera was purchased and other equipment was recently updated.  

Cable Commission
Dave Nelson reported the franchise agreement with Comcast is currently being reviewed.  The agreement will be reviewed going forward on a monthly basis.  Dave reported that the subscribers per City is what supports Comcast’s decision on how much money to give to the Commission.  Meetings are planned monthly through July.  

Middle St. Croix WMO
Councilmember Jacobson reported on the storm water credits and the proposed amendment to the MSCWMO Watershed Management Plan.  Councilmember Jacobson outlined the resolution and the proposed revisions.

Cameron Kelly, City Attorney, will review the amendment and return to the SMP City Council in May with guidance.

LSCV Alliance
Mayor Williams reported on the possibility of using a grant program to subsidize the cost of adding another deputy.  This item will be re-visited at the May CC meeting.

CITY STAFF REPORTS.
Building Inspector
Duane Stensland, Building Inspector, reported on current projects taking place in the City.  

City Engineer
Dave Simmons, sitting in for John Parotti, distributed a copy of quotes to replace the signs that need to be replaced within SMP.  

Motion by Councilmember Theede, seconded by Councilmember Freesmeier; to buy sign replacement and repairs from EF Anderson for a total of 630.30;

Motion passes unanimously.

City Attorney
Nothing additional to report.


E.)    City Clerk
Megan Rucker, City Clerk, distributed a sign off sheet and provided the City Council with a copy of the Amendment of section 1001.010 and 1001.060 of the Code of Ordinances

COUNCIL REPORTS.
Mayor
Reported on the improvements being made to the City Clerk’s office.

Motion by Councilmember Russell, seconded by Councilmember Jacobson; to approve and move forward with the SMP City Hall improvement plan.

Motion passes 4-1; opposed by Councilmember Freesmeier.  

Councilmembers
Councilmember Freesmeier
Reported he contacted New Life Lawn care and their proposal is to continue mowing at the same rate of pay as previous years; on an as needed basis.  Councilmember Freesmeier reported he recommends we wait until the next CC nmeeting and make a decision at that point.

He inquired about a city clean-up and whether that would still be something the city should consider.  City Council responded that it was considered, and will not take place in 2009.  This will be something that is considered annually.

2.    Councilmember Jacobson
Reported that April 20th will be the deadline for submitting an article for the SMP newsletter.

She reported that the microphones for City Hall have been ordered.

She also reminded people of the April 21st taxation meeting at 6:30p.m.

Councilmember Russell
Nothing additional to report.

Councilmember Theede
Reported that after reviewing the Army Core of engineers report, it was determined that SMP is not at threat of a flood.  
ADJOURNMENT.
Motion to adjourn the Council meeting at 9:33 p.m. Motion passed.



Respectfully submitted,


                                
    Gary Williams, Mayor                    Megan R. Rucker, City Clerk





St. Mary’s Point web address:  http://stmaryspoint.org