October 5, 2010 Minutes

Members Present   Gary Williams, Nancy Jacobson, Joe Freesmeier, Louise Russell, 1 vacant
Staff Present:       Cindie J. Reiter, Amy Schmidt, Tom Niedzwiecki
Others Present   Rose Feehan, Alan Brixius, Bruce Mueneke, Jerry Sorensen Al LeBine

Call to Order by Mayor Williams at 7:00 p.m.

Pledge of Allegiance was said

CONSENT AGENDA
Changed the Sheriff’s Report to prior to Public Hearing due to presence of Washington County Deputy Hanson.
MOTION MADE BY COUNCIL MEMBER RUSSELL AND SECONDED BY COUNCIL MEMBER JACOBSON TO APPROVE THE CHANGE TO THE AGENDA.             ROLL CALL: AYES 4/1 VACANT

Sheriff Report (Deputy Angela Hanson, Contract Deputy for area))
Reviewed last month’s report and review ordinance for leaves blown to neighbor’s property.
7:04 Regular City Council Meeting Closed

7:04 Opened Public Hearing
   Mayor Williams explained reason for Public hearing and read the Public Hearing notice as posted and published.
To adopting an interim ordinance (Moratorium) on land use, zoning and building
permit applications in the Bluffland and Shoreland District.
There were no written comments or communications submitted. Public comments were asked for. Rose Feehan questioned the difference between ordinance and a moratorium. City Attorney Schmidt explained that a moratorium is a legal term for interim ordinance. She then presented the process; staff reviews then forwards it to the planning commission for review. DNR would also be involved. A draft ordinance notes 6 months plus a few days with an end date of 4/15/2011. City Attorney also provided recent legislative action concerning variances. She stated this does not impact the proposed moratorium. Language in proposed ordinance does consider possible application for variance applications. City will also need to review consistency of ordinances.

Mayor notes this time period (6 months) is good to review as the city’s ordinances as building are down and winter generally limits construction.

City Attorney notes it is best for city not to just amend the code willey-nilley. The Mayor noted that variances have halted people from building or improving their homes, and also the city has history of ordinances and request for variances.

Rose Feehan questions the order of zoning resignation (R-2 large lot-R- smaller) and asks if public input will be taken by Planning Commission at meetings.

Council Member Russell notes that is the intention for the Planning commission to hear from residents. And to stress that terms, plotted and un-plotted be addressed. Terms in the ordinance are conflicting as are boundaries of the Riverway District. (Shore land/Bluff land) not verbally identified. Although council may be changing, the advice of legal issues should be considered. Issue of legal and planning costs was noted by Council Member Jacobson. Mayor notes it does need to be addressed as codes are inconsistent.

Council Member Jacobson feels cost controlled by just saying NO until ordinance is figured out. City Attorney notes the city only has 60 days to respond so can not just say NO, as any attorney would challenge that by litigation and cost would then impact the city.

Rose Feehan feels moratorium is not justified now (although it was 9 years ago). She feels there is no development at this time like there was then.

Jerry Sorenson agrees to a moratorium as problems may present that cause issues, along with the Haslund project which will present problems, then should take time to address inconsistency.

It was noted that this only applies to new building and not remodel.

Council Member Freesmeier agrees that 6 months is reasonable and absolutely thinks it should be done without too much cost. 18 month statutory cap is in language of ordinance however as drafted, it is for 6 months. Adding review of other language in ordinances, if reviewed, as Freesmeier fears it may linger longer possibly 2 years.

Council Member Russell feels value in having a moratorium to review conflicting information.

City Attorney reviewed section on variance to ordinance in response to Council Member Jacobson questions.

Mayor feels this would be the best time to review.

Jerry Sorensen stated this is a low time in building and for submitting applications, new council members feel fair and reasonable suggestion.

Rose Feehan agrees especially if there are no application being presented.

Council Member Freesmeier questions the 18 months cap could be shortened as possible to keep extending.

Council Russell and Mayor Williams states that is not the intention of the ordinance.
PUBLIC HEARING MEETING CLOSED AT 7:45

CITY COUNCIL PUBLIC MEETING RECONVIENED AT 7:45

Vacancy of Council Member Mike Theede
Vacancy noted by Mayor as written and signed. Mayor Williams reads resolution of Resignation 2010-10-1.
1. Council accepts Mike Theede’s resignation,
2. Council declares a vacancy effective Oct 5, 2010.
3. Council to vote to accept vacancy.

Councilmember Russell motioned and CouncilmemberJacobson seconded the Resolution be accepted. Mayor and Council Russell commented on his experience he gave to the city and ending his four year term.       Roll Call 4 Ayes/1 Vacant

City Attorney noted that statute requires the city council to appoint someone to fill vacancy. Various possibilities of appointments discussed. Written application would be preferred per Mayor. Accepting letter of interest can be accepted and placed on the November agenda.

WASHINGTON COUNTY ASSESSOR CONTRACT
Bruce Mueneke
Reviewed his background with Minnesota Accredited Assessor with 18 years assessing residential and commercial; at Washington since 2001, and prior to that as the Woodbury assessor. He introduced Al LeBine,
a prior St. Mary Point residential assessor, he is senior assessor and supervisor local assessor.   Statute requirements a physical appraisal once every 5 years to verify sales data and determine value adjustment by statute. Also staff the Local Board of Appeal and will do so again in 2011. Resolution will be needed by December and he will send sample resolutions to City Clerk Reiter shortly for next meeting. Training of at least one councilmember is mandatory to conduct city’s own local board of review.

Mayor questions how the banks lender mediation sales impact local values. County doesn’t factor this in however lender mediated sales does affect local values. Mayor noted mortgage foreclosures value or long term property for sale should be considered in value. Bruce Mueneke notes it cannot be done as perimeters are to be used for sales not potential sales. He provided that 900,000 homes are being held by banks and 3 major mortgages companies are not foreclosing at this time.

Council Member Jacobson asked how property is valued for buildable vs. not buildable and Bruce Mueneke said the city determines it to be such. The value of land is the same if buildable with home on it or not; unbuildable is less value.

Council Member Freesmeier questioned change from 2.5 acres to 1 acre minimum if value and tax would go up, and the Assessor said yes.

Mayor agreement presented Washington County Agreement for assessor. Notes cost is driven by number of parcels in the city and the Mayor also stated that lots (parcels) are combined when building or variance requested. Attorney Schmidt advised the council that she had read the contract and finds it appropriate.
Councilmember Russell motion and seconded by and Councilmember Jacobson to approve the contract with Washington County Assessor office.
Roll Call 4 Ayes/1 Vacant

Ordinance 2010-10-2 Moratorium
Councilmember Freesmeier proposes change to 4B (303.020) page 2 to 15% and 12 months in the 3B (303.020) City Attorney explained the purpose of “up to 18” is not required 18 months extension which is caped per statute and advises statutory language is best for consistency.
Councilmember Freesmeier motion and seconded by and Councilmember Russell to accept Ordinance 2010TBD as amended to 12 months; item 3B and 4 B change to
15 % in 303.020.   Roll Call: 3 Ayes,1 Nay (Jacobson), 1 Vacant

Staff Reports

City Engineer,
Mayor reported they will be painting stop bars at the intersection this next week, depending on the weather.
City Treasurer Report
Recycle grant money is not in as yet.
Tom Niedzwiecki. reviewed budget, YTD expenses and revenues of finance report. Claims to be approved with
Total of: $21,007.83 Disbursements

Councilmember Russell motion to approve claims, check number 3627 thru 3647 and 1-7 electronic payments totaling $21,007.83, seconded by Councilmember Jacobson.
Roll Call: 4 Ayes/1 Vacant

Building Inspector
Mayor presented report.
City Attorney
Street Vacation (Hubbard-Linnerooth) is to be finished and ready for mayor and clerk signatures later in the week.

City Clerk
Reminder: Election Nov. 2, Council meeting delayed to Nov. 9th
Public Accuracy test date Oct. 20, 2010
Certified International Municipal Clerk membership renewal of $125.00 is seeking $50.00 from city for renewal. Explained what that membership does for the city clerk skills & knowledge to be brought to the city.
Councilmember Jacobson motion to approve city contribution of $50 towards Municipal Clerk membership dues seconded by Council Member Russell. Roll Call 4 Ayes/1 Vacant
Standing Committees
Fire District: Fire Relief Assn. payment made for 2010, next pay due 2011, and the Grass Rig purchase financing is complete.
   Cable Council Member Freesmeier, Meeting is on 10/6/10, no adaptor connected to city hall TV.
   WMO Council Member Jacobson to attend Oct. 14th
   Alliance, Mayor Williams did not attend.
   Planning- L. Russell asks written info be sent to Planning Committee on moratorium
   Mayor Williams
The St. Croix River topped at 685.3 and is going down. We are seeking snow plow bids. Lakeland public works dept. is not equipped for other city services.
He reviewed League of MN Cities Insurance Trust article for required training for 3 council members and also at least chair if not all members of Planning Committee and City Planner. Cost is $30 per person with max $180 a class, on pages 37 on the October volume of your Cities Bulletin. The Mayor states that we have to do this to avoid the $3,750 per land use claim if not taken, you can register and take on line. Mayor would like all Planning Commissioners to take the basics. (CLERK TO GET INFORMATION AND PROVIDE TO CITY COUNCIL) Mayor stated we will pay the $180.00 and he would like the entire planning commission to take this along with the others mentioned to learn about the land use basics. Clerk Reiter will find out more information and keep all updated by email.
Council Member Russell
Provided update of Board of Equalization training and suggested 2 council members to be trained. They have four training per year. Clerk Reiter stated the county will notify the city of the next training and a list of dates.
Council Member Jacobson
Nothing to report at this time.
Council Member Freesmeier
He asked for treasurer’s best guess of year end projection and Treasurer Niedzwiecki stated $10K is a good estimate. Also provided that levy can go down in December. Joe proposes levy down in lieu of just putting in road fund.

ADJOURNMENT
MOTION MADE BY COUNCIL MEMBER RUSSELL AND SECONDED BY COUNCIL MEMBER JACOBSON TO ADJOURN THIS MEETING AT 9:25.
MOTION PASSED, ALL AYES.

_______________________________________________
Mayor, Gary Williams

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Attest: City Clerk, Cindie J. Reiter