Members Present        Joe Freesmeier, Jay Roettger, Gary Williams, Nancy Anderson, Louise Russell,

Staff Present:                Cindie J. Reiter, Kevin Sandstrom, Tom Niedzwicki,

Others Present        Scott & Connie Holmer, Steve Broecker, Ron Moorse, Rose Feehan, Dale Pierson, Paul  Brown,
Call to Order         by Mayor Roettger at 7:00 p.m.,

Pledge of Allegiance was said

CONSENT AGENDA

        

MOTION MADE BY COUNCIL MEMBER RUSSELL AND SECONDED BY COUNCIL MEMBER ANDERSON TO CHANGE THE AGENDA MOVING THE SHERIFF’S REPORT TO 3A AND PLANNING REPORT TO 3B.                ROLL CALL/ ALL AYES

Councilmember Freesmeier asked that the minutes of April 5, 2011 be pulled from consent and amended by removing the terms, he felt should not be included in the minutes.

MOTION MADE BY COUNCIL MEMBER RUSSELL AND SECONDED BY COUNCIL MEMBER WILLIAMS TO APPROVED ALL THE REST OF THE CONSENT AGENDA.

ROLL CALL/ ALL AYES

MOTION MADE BY COUNCIL MEMBER RUSSELL AND SECONDED BY COUNCIL MEMBER WILLIAMS TO REMOVE THE WORD “HEATED” AND “PRESENTED BEING JUST” FROM APRIL 5, 2011 MINUTES.           ROLL CALL/ ALL AYES

SHERIFF REPORT

Deputy had to leave for emergency so report was read by Council Member Williams provided the miles driven in the contract area and stated there were 6 calls.

PLANNING FIRM, MFRA

MFRA, Ben Gozola, City Planer presented the history of the process on why we are where we are.          

He presented recommendations of:

    Remove unnecessary language
    Create new language to establish zone code type
    Acknowledge the City’s two existing zoning districts (R1 & R2)
    Created two separate classifications of overlay districts-complementary-prevailing
    Clarify one main heading to (previously proposed“Shoreland district”) now “riverway district”

He presented DNR feedback of:

    Ignore “in lieu of”
    Not approved platted and unplatted
    Use “Riverway” not shoreland

He provided a conclusion and summary for council consideration.

Council could choses to conduct a public hearing, review the language once again, and then approve or deny the proposed ordinance clarifications.

    APPROVE the ordinance to add clarity to the enforcement of overlay districts
    DENY the ordinance
    TABLE THE ITEM and request additional information

Public Hearing

MOTION MADE BY COUNCIL MEMBER RUSSELL AND SECONDED BY COUNCIL MEMBER ANDERSON TO OPEN PUBLIC HEARING.                ROLL CALL/ALL AYES

Rose Feehan, Redwing Avenue, SMP.

Strongly believes the city maps, ordinances and comprehensive plan do designate the city’s zoning districts.  Issue with the BOA interpretations, and issue with the last planning commission in not making recommendations to the city council as there was no Attorney present.  Also issue with DNR comments out of context, issue with spending $10,000 on planner to clarify the ordinance is benign, but change in the lot size would get great attention.  Based on the law concerning variances DNR consideration is needed and feels disingenuous on how this was presented.

Molly Shodeen, DNR questioned;  R1 and R2 how is defined in the city ordinances now?  If code needs to distinguish R1 (platted 18K feet) and R2 (is unlplatted metes and bounds or 20x100 lots.  If platted, is 18K then one (1) Acre in Riverway minimum R2 is 2.5 acres.

Councilmember Freemeier inquired as to Molly’s concern.

Ms. Shodeen provided development of model ordinance in conjunction with DNR.  Most Riverway communities’ adoped with slight change for individual communities.  In1970’s the issue went to Supreme Court and the court said St. Mary’s Point is approved for platted lots.  This is where we are at regarding “contagious lots of records”.  Prior to 1970’s state wide there was no distinguishing between platted and non-platted and this is why Molly has expressed concerned .  

Mr Gozola felt this was not the case.  

Ms. Shodeen stated in regards to;  distinquishing R1 as platted and R2 and unplatted is what she is hearing and concerned for.   She commented that “Just ignoring” was not what she literally intended and her comment was that all code should be stated using one term.  She also questions erosion control (lack of) in Riverway.  

Ben Gozola, MFRA explained it (erorision control provisions) does pertain to all zoning districts.

Rose Feehan called attention to page 1 of 3 of suggested ordinance (copy) where it refers to R1-single family resident platted and R2 Single Family Resident unplatted.

Councilmember Willliams feels this is new language and after discussion Mr. Gozola also notes it is new language.  

Attorney Sandstrom commented that  in current code per he believes there are both platted and unplatted in each of R1 and R2.

 

Ms. Shodeen presented the DNR would like to collaboratively work with the cities in the Riverway on ordinance change.  

Ms. Feehan spoke to zoning issues that have been discussed and she believes we are back to March issues with R1 and R2.  

Ben Gozola notes 601 is the only one up for clarification of overlay districts and base zoning districts and 602 is not being looked at this evening and R1 and R2 is requirements of each in 602.

 

Dale Pierson, SMP resident, spoke favorably of process that the City Council, Planning Committee and BOA has done and asks for a clarification process to move forward.

Steve Broeker reiterated same as Dale Pierson, and questioned the use of Riverway term versus Shoreland District.  

It was explained Washington County titled the Shoreland/Bluffland Ordinance.   St Mary’s Point is in a National Scenic Riverway and thus that is reference to Riverway term.  Shoreland and bluffland term pertains to lakes and streams shore and bluff in the ordinance.  SMP has the river but no lake or stream.

Molly Shodeen further stated that SMP does not have shoreland or bluffland of lakes and streams but the riverway would apply and easier when you have an ordinance of the St. Croix Riverway where Afton and Stillwater has a shore and bluff land along streams and rivers.

MOTION MADE BY COUNCIL MEMBER ANDERSON AND SECONDED BY COUNCIL MEMBER RUSSEL TO CLOSE THE PUBLIC HEARING COMMENT SECTION.

ROLL CALL/ALL AYES

OPEN CITY COUNCIL MEETING 7:48

Councilmember Williams stated to strike “platted and un-platted” in 601.02 is needed.

Council Member Joe Freesmeier believes as presented, the ordinance changed is just a note of clarity and use of Riverway as suggested is needed.

MOTION MADE BY COUNCILMEMBER FREESMEIER, SECONDED BY COUNCIL MEMBER RUSSELL TO APPROVE 601.02 AND REMOVE PLATTED AND UNPLATTED (TERMS) WITH USE OF RIVERWAY (TERM) ON PAGE 3 OF 3.   USE 2011-03 FOR ORDINANCE NUMBER.

ROLL CALL.  3 AYES, 1 NAY (Williams)  AND 1 RECUSED (Roettger).

PUBLIC COMMENTS   None

MOWING BID (Park/Ballfield)

Lawn Barbers quote provided discussed and noted Ball Park is underwater but needs mowing now.  Mowing weekly until 4th July/as needed

MOTION MADE BY COUNCIL MEMBER WILLIAMS AND SECONDED BY COUNCIL MEMBER ANDERSON TO APPROVE LAWN BARBERS LAWN CARE, LLC TO MOW THE TOWN HALL FOR $30.00 PER SERVICE AND BALL FIELDS AT $95.00 PER SERVICE ON WEEKLY/AS NEEDED BASIS.                                ROLL CALL/ALL AYES

2011 WATERDRAFT MOORING PERMIT AND WAITING LIST

Mooring permit are ok and renewed

STAFF REPORTS

        CITY ENGINEER, JOHN PAROTTI , SEH

River bounced up again and it is expected 2 ft drop over the next couple of weeks.

Seal coating: If the council wants to do this in 2011 best to do so now along with LSCB.

Councilmember Williams believes seal coal and drain structure should be on hold because of flood expense.  If we get money perhaps clean drain structures in fall after water recedes.

John Parotti noted it is ok to wait but quote may increase do to mobilization cost.  City Council decided to wait for seal coating and drainage structure for now, but street sweeping to start soon.

Councilmember Williams commented that FEMA was given cost of cleaning culverts as a cost of flood but water is still up.  So need an estimate of cost but unknown if damaged (John Parotti of SEH to check on this)

        CITY PLANNER, BEN GOZOLA, MFRA

Cost/draft of code revision.  Set up task force of residents, or put draft together themselves (MFRA) and present to city council.  He speaks to like kind of code between local communities.  He believes he could put out rough draft for $12,000 but then Attorney and other entities estimate $28-30,000 with electronic copy.  Time frame if not in hurry is about one to 1.75 years.  

Councilmember Freesmeier stated an electronic copy will be better lay out; possible format to address each section individually for Planning Committee review.  

Councilmember Williams stated planner service is at 108% now.  

City Treasurer Neidzwiecki stated the expense is even higher percentage and believes could be a 2012 and 2013 budget item perhaps.  

Councilmember Freesmeier offered cable money may be able to be used for electronic format.  

Resident Feehan suggested the city could scan current codes and make electronic copy for much less money.  Discussion continued of a possible electronic copy and how to do it.

Councilember Anderson introduced Ron Morse.  

She contacted him to perhaps find funding to see if source available to fund ordinance re-write.  The first step is research.  Councilmember Williams asks for clarification as to how Mr. Morse is compensated.  Mr. Morse rated is provided at $58/hr.  Mr. Morse stated would start with talking to Planning Firm, Ben Gozola to see what it is that is being done.  He could sign on for x number of hours without a formal contract.  He has checked with the Met Council for funding and may have zero percent interest loan for this type of expense.  Councilmember Williams asks about what it is Ron will provide.  What is scope.  Mayor Roettger stated it is to fund re-codify (re-write) of code book.

MOTION WAS MADE BY COUNCILMEMBER FREESMEIER AND SECONDED BY COUNCILMEMBER ANDERSON TO APPROVE $58/HR UP TO MAXIMUM OF $250 FOR RESEARCH OF GRANT OPPORTUNITIES.

Discussion:  

Resident Feehan asked for introuction and qualifica of Ron Morse.  Mr. Morse explained his roll and position along with experience and qualifications.  Resident Feehan stated the Riverway code change is being mandated by the DNR.  Mr. Morse speaks to the collaborative effort of DNR an river comuniti .  Ms. Feehan noted that the DNR is a government entity and is free.

ROLL CALLS/ ALL AYES

BUILDING INSPECTOR, DUANE STENSLAND

City has 5 current projects (see written report) in process.

        CITY TREASURER, TOM NIEDZWIECKI

Treasurer submitted insurance renewal application to LMCIT online.  He asked for clarification on swim beach signage.  It was noted it is posted as NO LIFE GUARD only.  In renewed property schedule from the insurance company, LMCIT asks if city have any other property besides City Hall.  City Planner, Ben Gozola offered he will email any/all parcel information to Clerk Reiter to complete information for City property schedule. Treasurer Niedzwiecki presented Park playground and beach is not coverage for vandalized but for liability  He will contact agent for clairification.  

Budget,  

Preliminary budget is shows;

1.3% increase in levy. (4.8% increased in sheriff cost),

Keeps transfer to road funds at $33,500, Elections up a bit,

No budget for Re-Codification,

Disaster fund, no increase for replenishing the fund.

He presented that a 1% increase equals $1800, a .5% equals $900 and 5% overall would be additional $6700.

He posed to council how  address the Disaster Fund, which is ment for immediate disasters.  It could be built up, or a set amount but seeks council thought.

Dissussion:

Councilember Williams noted funding for Planner and updated sign requirements are a concern.

 City Treasurer Niedzwiecki noted disaster funds have been used as needed (law suits, Lucas Vest),  2005 was last time $3000 was allocated.

Mayor Roettger stated to combine the roads and signs, but Councilember Williams believes not to.  

Treasurer Niedzwiecki noted that without the seal coat perhaps we can put back into the disaster fund, and advbised do not take from the general fund.  

Councilmember Williams noted that the Federal Mandate is for signs but not seal coat and tis why the roads and signs budget should not be combined.   He also noted the Disaster Fund is now at $4200 plus more bills to come in.  

Treasurer Niedzwiecki questions if budget moneyadded , where does the city council want to place it, perhaps roads?  Asked council for target levy increase and noted 2 months to work on it.  He offered possibility of; keep it under a 5% increase, or keep at 2.5% increase which is added $2,100.  Fire Relief Aassn. deficit payment iis not in yet for required payment due.

Financials

Review of current expenses :was provided by the treasurer along with added Code #400 for City Code and Ordinance expenss, Cable Fund is $6300 not $2300 as previously stated. REviewSchedule E.claims to be approved:  Review of expenses, added check  #3794 for $50, Asks to approve check #3770-3794 plus EFTS for a total disbursement of  $12,539.08.

MOTION MADE BY COUNCIL MEMBER WILLIAMS AND SECONDED BY COUNCIL MEMBER RUSSELL TO APPROVE PAYMENT OF CLAIMS IN AMT OF 12,539.08.

ROLL CALL/ ALL AYES

City Attorney, Kevin Sandstrom, Eckberg, Lammers

Nothing  addiionao report.

City Clerk,  Cindie Reiter

Update from Washington County meeting regarding Flood recoup.  

Community Thread is offring a new program to help seniors with housekeeping, lawn mowing, window washing. and looking for volunteers interested to do this also.

Ragnar Run is August 20th 2011 and manynnes will be using walk/bike trail.

St. Croix River Workshop is June 29th cruise, all are invited but you pay and sign up yourself online.

LSCB ordered a large number of office for SMP.  LSCB will send invoice.

Returning the copier, estimate of $300 to ship it back.  The contract is due to expire end of the month.  Clerk Reiter too contact them for details on returning copier and then contact council member regarding response..

Fire Department, Gary Williams

Budget items of new jackets and new ambulance wanted for next year as they have 36K miles on current one.  The have had 100 calls over their past records.  

Councilmember Williams noted that they have a $2000 monthly bill for heat and electric and he suggested a free Energy Analysis program (E-TAP) the Chief needs to contact for an analysis to see what is needed to lower the bill.

The 800 MHZ radio maintenance fee of $300 per radio (times 24 radios) is a concern and it was advised by Gary Kreisel the city contact the County Board county to add $1.79 fee assessed to the property tax in all communities or payment instead of current city paying to fire department.

Planning Commission, Louise Russell

Questions to Kevin and Ben as to what does the Planning Commission need to do next.  Ben stated that regarding the guest house item, which is outstanding, the concensus has been to wait on this issue.  The Council stated they want to wait. It was noted the next Planning Commission is to be cancelled and City Clerk Reiter to notify as such.

CABLE, Joe Freesmeier

Nothing to report.

WMO, Nancy Anderson

Afton Lakeland Gully update and discussion of unused grant funds took place.

Budget no increase as of yet.

Crosby Landing Mississippi Workshop Cruise is June 8th.

Fire Department, Gary Williams

Presentedd that perhaps anotehr councilmember should be appointed as Mike Theede haot been in attendance.   Joe Freesmeier offed top be appointed as fire board representative and an alternate be Jay Roettger,  The terms  expires 6/30/2012 for Joe Freesmeier and 6/30/2013 for Gary Williams, and alternative expires 2012.

MOTION MADE BY COUNCIL MEMBER ANDERSON, SECONDED BY COUNCILMEMBER RUSSELL TO APPOINT COUNCILMEMBER FREESMEIER FOR TERM 6/30/2012 AND COUNCILMEMBER WILLIAMS FOR TERM 6/30/13         AND ALTERNATIVE EXPIRES 2012, WITH COUNCIL MEMBER ANDERSON GOING TO CABLE COMMISSION. ROLL CALL/ALL AYES.

Council Member Anderson commented on the wake for Neal Smith a well respected community member.

ADJOURNMENT

MOTION MADE BY COUNCIL MEMBER ANDERSON AND SECONDED BY COUNCIL MEMBER RUSSEL TO ADJOURN MEETING AT 9:18.

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Mayor, Jay Roettger

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