By Anne Thom

There's a vacant seat on the Stacy City Council and how it should be filled was the topic of discussion as the council meeting got underway Jan. 9.

While he was elected to that seat in November, Richard Schultz declined to take the position due to the death of his wife. On Dec. 26, when Schultz announced he would not serve, the city had planned to seat Mario Schlecht, Sr. who had come in third in the November election.

But according to City Attorney Pete Grundhoefer it's not as simple as that. If Schultz had taken the seat first and then resigned, it would have been a lot cleaner. As it turns out, the seat that was being filled was previously filled by Barbara Otterson. Otterson's seat was a 2005 appointment and according to legislation, the appointment was to be filled by a 2007 "special election" at the general election.

Grundhoefer consulted with the state Attorney General's office to determine if Schlecht can be offered the seat, or if a special election has to be held again.

Grundhoefer recommended the council wait for the AG's opinion. It may be recommended that Otterson resume the seat as it should not have been vacated or that Schultz claim the seat and then resign. An opinion from the AG's office is expected in a few weeks. New council members Barbara Avalos and Tony Olivolo had been sworn in at the end of December.

So the meeting began and although newly elected Mayor John Daher ran a tight meeting, the council did not adjourn until midnight. Daher moved forward with committee assignments, appointments and contracts for the year.

The ECM Post review will be the official paper for the city. Avalos and Joe Belland were appointed to the planning commission. Avalos will also take a seat on the ordinance committee and the Employee Policy and Procedures Committee. Councilmember Mel Aslakson will be on the Chisago Lakes Joint Sewage Treatment Commission (CLJSTC), Daher will be responsible for the Public Information, the Rush Line Corridor Committee, Liquor Operations Committee and he will remain on the Economic Development Authority (EDA). Olivolo will also be on the EDA and work on the Comprehensive Plan. Oberloh and Associates was re-appointed as auditor and Jack Kramer as city inspector. There was dissension however on re-appointing Grundhoefer as attorney and Chuck Schwartz as city engineer.

Grundhoefer has been the city's legal council for 10 years. Olivolo opposed re-appointing Grundhoefer. He said two people have approached him asking about applying to become the city attorney. Olivolo did not cite any specific issues with Grundhoefer's performance, but said people knew he (Olivolo) was coming on to the council and were asking him about how they would get the job of legal representation for the city.

Daher reminded him that Grundhoefer has represented the city for 10 years, that he knows what the city's issues are and that the city is currently involved in pending litigation not only regarding a personnel issue, but also with an annexation issue in Wyoming Township.

Daher said that if the city didn't rehire Grundhoefer, it would be very costly to work with a different attorney to get him or her up to speed regarding the city's legal needs. Further, the levy for 2007 has already been set and Grundhoefer services have been budgeted for, not the extra time a new attorney would need to spend on a learning curve. Olivolo repeated only that he had had some people inquire about applying. The council agreed then that it would be cost effective to re-appoint Grundhoefer and that if other attorneys were interested in representing the city, they could put together a proposal for 2008.

The same situation came up minutes later with the re-appointment of engineer Schwartz. Olivolo was again opposed. When Daher pressed him for his reason, Olivolo said that at a city meeting he had asked Schwartz a question regarding where the new water tower should go and Schwartz had dodged the question.

Olivolo said it was not personal, but that he had asked the question two more times during that evening's discussion and Schwartz had not answered his question. He said, "People were asking me about jobs and applications and I don't know how things work." Schwartz, through the firm Bonestroo and Associates, has been city engineer for six years. Aslakson then offered that Schwartz be re-appointed but that the city accept applications to replace him. Schwartz would be in place for another year though. Aslakson said of both the attorney and engineer, "Now we give them another year to show how good they are." Schwartz and Grundhoefer both said they understood what Olivolo needed to do and that they were not upset with his questions.

Finch Avenue too dark

On to city business, Rodney Hestekin of Haven Properties, Haven Estates Senior Housing asked for help with Finch Avenue. It was not the infrastructure of the street that was of concern, but the lighting. Hestekin reported that residents of this Senior Housing development had asked him to let the council know that at night Finch is virtually invisible due to poor street lighting. He reported that residents routinely miss their turn and wanted to know if the road could be more clearly marked. Councilor Avalos said she has in fact had difficulty seeing that turn at night too. There was agreement that it is dark at Stacy Trail and Finch Avenue. Maintenance supervisor Tom Archibald agreed the signs are obscured and was asked to work on a solution.

The second issue is a recurring theme at Stacy council meetings: water. Residents at Haven Properties are complaining of the smell of chlorine. The smell is so strong it had reportedly made some residents sick. It was noted that Haven Properties is located at the end of a city water line. Archibald told the council that when he has flushed the lines in the vicinity, he has been able to smell quite a bit of chlorine.

Hestekin said that because of this most residents cannot and do not drink the water. Archibald asked the council if he should install a filtration system.

Engineer Schwartz said that before Hestekin does anything he would like to speak to the city's water supply vendor who provides the chemicals. Mayor Daher asked Schwartz if he could get the representative, John Clemens, to come to the council meeting Jan. 23. Hestekin was also told by Barbara Wilson, a citizen at the meeting, that a water test kit could be picked up from the Agricultural Services office in North Branch. Wilson is a resident of the Sunrise Mobile Home Park where there have been numerous complaints about city water. Haven Properties residents could then test the water themselves and verify that the water at least is safe. Schwartz was asked to do some research and try to come up with some solutions to the chlorine smell.

Break-in

Over the weekend of Jan. 6-7, Stacy Wine and Spirits was burglarized sometime between 11 p.m. and 12:30 a.m. Manger Brian Hachey would only state the city's off-sale "suffered a loss." A Chisago County Sheriff's investigation is pending. Hachey noted that the alarm system had been disabled. There had also been a break-in at Stars and Strikes in Wyoming although it is not known if the two incidences are related. The break-in in Stacy was not discovered until the morning of Jan. 8. The off-sale store is insured against loss and Hachey said he will be meeting with insurance representatives on Wednesday. The store is secured at this time against further loss. Hachey will be reviewing security systems and procedures.

In other liquor operations news, there is pending litigation involving former Stacy Bar and Grill manager Kathy Stevens. Although exact details are not public information, it is known that Stevens has left city employment after 18 years. A claim for unemployment compensation has been filed and the city must respond to the Department of Employment and Economic Development by Jan. 18. A claim of discrimination has also been filed with the Equal Employment Opportunity Commission through the Department of Human Rights. The city has until Jan. 30 to respond to that complaint. The council told Grundhoefer they choose to mediate this issue. A closed meeting will be held Jan. 16 at 9 a.m. to settle the claim.

Mobile home park closing

Residents of the Sunrise Mobile Home Park, concerned that they might be displaced, were on hand to hear if there was progress on a park closing ordinance which would dictate stipulations for resettlement of residents and disposal of their homes on the rented lots that comprise a mobile home park, in the event the owner sells the land. Barbara Wilson, representing the Sunrise Mobile Home Park Tenant's Union, requested the council and planning commission review Roseville's ordinance for use as a model in Stacy. The planning commission will meet on Jan. 17 to review a draft, rewrite it and submit it to the council. Attorney Grundhoefer said in the meantime, the owner of the mobile home park may submit a different version of the ordinance. The location of the park makes it a prime spot for redevelopment.