SUNFISH LAKE CITY COUNCIL MEETING – DECEMBER 4, 2012

7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH

Attendants:

Mayor:  Richard Williams

Councilmembers: Judy MacManus, Mike Hovey, Roger Conant and JoAnne Wahlstrom.

City Attorney:  Tim Kuntz            
Engineer:  Don Sterna

City Treasurer:  Mike Blair
Building Inspector:  David Neameyer

City Forester: Jim Nayes
Police Chief: Manila Shaver
City Clerk:  Cathy Iago
and Members of the General Public.
City Planner Alan Brixius was absent.

1.   CALL TO ORDER:  Mayor Williams opened the meeting at 7:10 p.m. and apologized for the delay.

2.   APPROVE AGENDA:       Mayor Williams asked if there any additional items for discussion.  Clerk Iago advised that she had received a letter from the Northern Dakota County Cable Commission (NDC4) requesting City approval of their 2013 Budget document. She noted that if the budget is not approved by the City, it is approved by default after six (6) weeks. She pointed out that the January meeting would be beyond the six week deadline and requested this item be added to the agenda this evening.

Mayor Williams added Item 8.h. Consider Approval the NDC4 2013 Budget. He asked if there were any other items and there was no response.   

Councilmember Hovey moved approval of the Agenda as amended, seconded by Councilmember Wahlstrom and carried. (5-0)

3.   CONSENT AGENDA:       The Mayor asked if there were any questions relating to any items on the Consent Agenda. He noted that the financial statements show additional funds are available and explained that this is due to the lack of snowfall this year. He stated that these funds will be moved into the 2013 budget.  He pointed out that the additional funds could be dedicated to funding improvement projects in 2013 or could be used to reduce the tax levy.

The Mayor asked if there were any comments or questions and there was no response.

Councilmember MacManus moved approval of the Consent Agenda, seconded by Councilmember Hovey, and carried. (5-0)

a.   Regular Council Meeting minutes of November 7, 2012 and Special Council Meeting minutes of November
13, 2012.

b.   List of Bills
c.   Monthly Financial Statements

4.   COMMENTS FROM THE PUBLIC: Mayor Williams asked if there were any comments from the public and there was no response.

5.   PUBLIC HEARING/PRESENTATIONS: a.  Public Hearing to Consider Budget and Tax Levy for the Year 2013:

Mayor Williams opened the public hearing at 7:15 p.m. for the purpose of reviewing and receiving comments relating to the proposed 2013 Budget and Tax Levy for the City of Sunfish Lake. He asked that the Treasurer review the proposed budget for those present.

Treasurer Blair stated that Council had adopted a “not to exceed” budget in September in the amount of $456,144, which is a $6,500 decrease in the tax levy from the 2012 adopted budget. He explained that the budget document is similar to prior years and noted that Council proposed $35,000 be included in the 2012 snowplowing budget. He pointed out that this item is difficult to predict since last year’s expenditure for snowplowing was $12,000, however, two year’s ago the expenditure was $50,000 due to significant snowfall.  He advised that the remaining budget items have only a slight increase over last year’s budget.

Mayor Williams thanked the Treasurer for his presentation and opened the public hearing for comments from the audience.  There were no comments from the floor.

The Mayor called for a motion to close the public hearing.

Councilmember Conant moved to close the public hearing at 7:25 p.m., seconded by Councilmember Wahlstrom and carried. (5-0)

Mayor Williams asked if there were any further comments and there was no response.

Councilmember MacManus moved to adopt Resolution No. 2012-19 titled RESOLUTION ADOPTING THE GENERAL FUND OPERATING BUDGET FOR THE CITY OF SUNFISH LAKE FOR THE YEAR 2013,  seconded by Councilmember Hovey and carried. (5-0)

Attorney Kuntz advised that Council should also adopt the proposed resolution adopting the tax levy for 2012.

Mayor Williams asked if there were any comments or questions and there was no response. He advised that the City is attempting to maintain a similar levy limit each year so that residents do not experience a “roller-coaster” effect with taxes.

Councilmember Wahlstrom moved to adopt Resolution No. 2012-20 titled RESOLUTION LEVYING AND ADOPTING THE TAX LEVY FOR COLLECTION IN THE YEAR 2013 in the amount of $414,900, seconded by Councilmember Hovey and carried. (5-0)

6.   PLANNING COMMISSION/PLANNER’S REPORT: Planning Report: Mayor Williams explained that the Planner was unable to attend this evening and he reviewed the Planning report dated November 28, 2012.  He advised that the November Planning Commission meeting was cancelled due to a lack of applications and the inability to have a quorum of Commission members attending.  He explained that there would be a Commission meeting in December to discuss some ordinance issues that arose during discussion from previous applications. Topics considered will include: 1) a numerical cap on the number of accessory buildings allowed; and, 2) if solid wood fences would be allowed, and, if so, under what conditions they may be allowed.

The Mayor further explained that the City had received a new inquiry relating to the property at 345 Salem Church Road and in preparation for potential future applications to build or expand on this property, the commission will discuss how the city should direct applicants as to house size given approval of a variance from shoreline setback standards. He provided a brief history of the previous application for this property and issues that arose regarding the shoreline setback standards and expansion of the home.

Mayor Williams advised that the Planner had submitted a development application schedule for 2013 for Council review and approval. He noted that at last month’s meeting, staff indicated that two meeting dates in 2013 may be of concern due to holidays; he advised that the January meeting would be moved to January 8, 2013 since the first Tuesday in January is New Year’s Day. He pointed out that Council had also discussed possibly moving the July and September meetings since they are close to holidays. He explained that the scheduled dates would be adopted later on the agenda. 

The Mayor asked if there were any comments or questions and there was no response.

Council thanked the Mayor for his review of the Planning report.

7.   INSPECTOR’S REPORTS:


a.   Building Inspector: Inspector Neameyer stated that seven (7) permits were issued in November and several permits were closed. He advised that an application for a new home may be forthcoming next year.

Council thanked the Inspector for his report.

b.   CITY ENGINEER: Engineer Don Sterna reviewed his report dated November 30, 2012. He advised that on November 15 he attended the committee meeting at Dakota County regarding protocol for naming streets and addressing property.  He stated that the cities within Dakota County entered a Joint Powers Agreement (JPA) for the purpose of   maintaining consistency within the street naming and addressing system within county. He noted that Sunfish Lake does not have the same issues as the larger cities within the county.

Councilmember Conant pointed out that there is a home in his neighborhood with the address of 9-1/2 and asked if this address would be considered illegal or dangerous.

The Engineer stated he would ask the county if they have any issues with the address or numbering system.

Councilmember Conant asked the Police Chief if he had any issues with the numbering of this address.

Chief Shaver explained that the department is familiar with the fact that the even address numbers in the City are on the east and south and the odd address numbers are on the west and north; therefore he does not foresee any issues. He further explained that his department uses the fire numbers assigned to properties in an emergency situation>

Councilmember Wahlstrom indicated that she does not know her fire number and that residents should be advised of this; she suggested that this information be outlined in the City newsletter.

The Engineer pointed out that the address change for Harmon Park has not yet been approved at Google. He explained that he discussed this issue with the Dakota County GIS office and they agreed that the City should submit an official address request to them which would start the addressing process within the County. He noted that Dakota County would send a letter with the address to Google and hopefully the new address would then be picked up by Google. He also advised that the address for the park was sent to both the police and fire departments.

Engineer Sterna advised that the snow plowing contract is ready for signature. He stated that he drafted a policy for residents to report incidents and suggested that the policy be placed on the City website. He noted that the plowing should not be conducted until a snowfall of 2-inches or greater occurs and that residents would be advised to contact the Engineer or the Mayor, not the contractor. He also noted that he talked to the contractor about widening the plowing area on streets; he explained that the contractor indicated this would depend on the type of equipment that is used for each snowfall event, however, he pointed out that Ace Blacktop is aware of the City’s expectations.

The Engineer stated that he is working with the Lower Minnesota River Watershed District to request reimbursement for last year’s CAMP program in the amount of $1,250.

Engineer Sterna reminded Councilmember Conant of his offer to participate in the water quality stakeholders meetings for Sunfish Lake. He stated he would forward information on the meetings to Council and that information could be placed in the City newsletter and a link to the Dakota County website could be placed on the City website.

Councilmember Conant thanked the Engineer for his reminder and asked to be kept informed.

Public Works Activities Undertaken in the Month of November: Engineer Sterna stated no activities were required to be undertaken this month.  

Anticipated Engineer/Public Works Activities for the Month of December: The Engineer stated he would be monitoring snow and ice removal in December.

The Mayor asked if there were any comments or questions and there was no response. 

Council thanked the Engineer for his report.
c.   CITY FORESTER: Forester Nayes advised that he issued two (2) burning permits in November and that burning restrictions have been eased. He stated he consulted with several residents regarding oak wilt and emerald ash borer.

The Forester explained that he completed spot spraying of cut stumps to prevent re-growth of trees, brush and vines that were removed during the road clearance pruning this year along Charlton, Salem Church, Angell Roads and on Sunnyside  Lane. He advised that he also spot sprayed the larger buckthorn in Musser Park and removed and stored the tree watering pails in the park.  He noted that a group of red oaks that died were marked for removal and burning. He explained he plans to cut and stack these oaks in place and then burn the debris when there is adequate snow cover this winter; these trees are in a group near the west side of Musser Park. 

Forester Nayes advised that Horseshoe Lake was completely covered with ice on November 24, however; is it 25% open at this time due to the warmer weather.

The Forester stated he would be making application for the “Tree City” designation this month.

Councilmember Conant asked if there was any benefit to the City to receive this designation.

Mr. Nayes explained it could be considered a badge of honor and shows that the City is concerned about the environment. He also noted that it provides an analysis of events throughout the year and is a method for manage his work throughout the year.

Mayor Williams pointed out that the Tree City designation offers good seminars for City staff.

Forester Nayes stated he would ask Council to consider authorizing the Mayor to sign the Arbor Day Proclamation, proclaiming May 4, 2013 as Arbor Day in the City of Sunfish Lake later on the agenda.

Mayor Williams suggested the proclamation be considered at this time.

Councilmember Conant moved to adopt and authorize the Mayor to sign the 2013 Arbor Day Proclamation, proclaiming May 4, 2013 as Arbor Day in the City of Sunfish Lake, seconded by Councilmember Hovey and carried. (5-0)   

The Forester stated he was contacted by the company that conducts the aerial deer count and asked if the City wished to have an aerial count done next year; he offered his opinion that the count does not have to been done each year. Council concurred.

The Mayor suggested that residents should be prepared to lose ash trees due to Emerald Ash Borer and that the Forester may wish to prepare information for residents regarding early removal procedures and what to do with dead trees once they have been removed.

Council thanked the Forester for his report.

d.   PUBLIC SAFETY: Chief Shaver reviewed his report dated November 30, 2012 and explained that two suspicious persons were noted on Windy Hill Road. He stated that shortly after spotting the suspicious persons on Windy Hill Road, a burglary occurred on Lone Oak Road; he advised that the burglary incident may be related to the suspicious persons. He explained that gunshots were reported along Angell Road and an animal call related to the deer hunt was reported.

Council thanked the Chief for his report.

8.   NEW/OTHER BUSINESS:   a. Consider Resolution Adopting the Tax Levy for Collection in the Year 2012; and,  b. Consider Resolution Adopting the General Fund Operating Budget for 2012: The Mayor explained that these items were adopted earlier in the meeting.

c.   Consider Resolution Setting Dates for the Regular City Council Meetings for 2013: Attorney Kuntz presented the proposed resolution setting the dates for the Regular City Council meetings for 2013; he explained that one (1) change was made to the schedule: the January meeting was delayed one week due to the fact that the first Tuesday in January is New Year’s Day. He advised that Council should adopt the resolution as presented if no further changes are suggested.

The Mayor asked if there were any comments or questions and there was no response.

Councilmember Hovey moved to adopt Resolution No. 12-21 titled, RESOLUTION SETTING DATES FOR THE REGULAR CITY COUNCIL MEETINGS FOR 2013, seconded by Councilmember Wahlstrom and carried. (5-0)

d.   Consider Resolution Setting Dates for the Regular Planning Commission Meetings for 2013: Attorney Kuntz explained that Council normally refers action on this item to the Planning Commission at their regular meeting in January.

Councilmember concurred to forward the resolution to the Planning Commission for their consideration at their regular meeting in January.

e.   Discussion of Rent Increase and Lease Agreement with St. Anne’s Church: Attorney Kuntz stated that he conducted a meeting on November 28 with Councilmember Wahlstrom, the City Clerk, Reverend Lydia Brown and Jennifer McNally from St. Anne’s Church in attendance to discuss the terms of a lease for rental of space at the church . He reviewed the terms discussed, as outlined in his memorandum dated November 28, 2012, and advised that this matter would be formally presented to Council at their first meeting in January.  He explained that a 3-year term for the lease is being considered, with rent increases of approximately 2-percent per year, and he wished to make Council is comfortable with a 3-year term for the lease prior to preparing the formal document.

Mayor Williams asked if the terms include a specific room available for conducting meetings. The Attorney responded that the St. Anne’s room where the meeting is being held this evening was specified for the City meetings; however; he noted that if the date of the Council meeting changes due to holidays, etc., the Church agreed to provide the best possible room available if this room is occupied on that date.  He explained that the Church is used for other meetings and has an active booking schedule. 

After a brief discussion, Council concurred that a 3-year lease with minor rental increases would be appropriate to pursue.

The Attorney suggested that Council consider approval of the proposed rent increase from $150 per month to $165 per month which is slated to begin in January, 2013.

The Mayor asked if there were any further questions or comments and there was no response.

Councilmember Wahlstrom moved approval of the rent increase for the City of Sunfish Lake’s use of St. Anne’s Church for meetings and to direct the City Attorney to proceed with drafting a lease agreement with a 3-year term for presentation to the Church and for Council consideration at their first meeting in January, 2013, seconded by Councilmember Hovey and carried. (5-0)

f.    Report on 2012 Deer Management Program:  Investigator Muellner reported that sixteen (16) deer were shot by the Metro Bow Hunts group and 15 were recovered. He advised that one deer was not recovered but that these animals are resilient and there were no sightings of an injured deer within the City. He stated that of the 15 deer recovered, 10 deer were without antlers and 5 deer were antlered. Of the deer shot, half of the deer without antlers were taken to the food shelf for distribution.  He stated that the hunt went smoothly and he attributes this to the fact that weather conditions were more favorable this year, there was more land and more days designated for hunting, and hunters had the ability to take either sex deer. 

Mayor Williams asked if residents had taken any deer.

Jim Nayes reported that three deer were taken by residents for a total of 18 deer; he noted that residents may hunt until December 31, so more deer may be removed. He explained that Investigator Muellner was informed of the Halloween Hayride and cancelled the Bow Hunters activities for that weekend; he praised Investigator Muellner for his cooperation and for his work with residents to accomplish the hunt.

Investigator Muellner suggested that Council begin discussing next year’s hunt early in the year.
Mayor Williams agreed and noted that Council had also suggested early discussion of the hunt for 2013.

Investigator Muellner suggested that it may be wise to adopt a 2 or 3 year plan for hunting.

The Mayor indicated that the City may wish to wait one year so that an aerial survey could be conducted and an education program for residents could be conducted.  He asked if there were any further comments and there was no response.

Council thanked Investigator Muellner for his report.   

h.   Other/New Business:  Consider Approval of Northern Dakota County Cable Commission (NDC4) 2013 Budget: Mayor Williams explained that all cities who are members of NDC4 are asked to approve their annual budget and noted that if the cities do not take action on this item, the budget is automatically approved. He explained that the group would be working on a new franchise agreement over the next two years.

Jim Sullivan explained that the larger cities have a need for new equipment to broadcast their meetings and that they are negotiating digital upgrades. 

The Mayor advised that the budget appears to propose a two-percent increase and that most of the funds are for salaries and infrastructure improvements.

Jim Sullivan stated that the board members from each city had reviewed and approved the document prior to sending it to the member cities for approval.|

Councilmember Conant moved to approve the Northern Dakota County Cable Commission (NDC4) 2013 Budget as presented, seconded by Councilmember MacManus and carried. (5-0)

g.   Presentation: Clerk Iago introduced newly-elected Mayor Molly Park and asked her to present recognition plaques to  Mayor Richard Williams and Councilmembers MacManus and Conant as their terms expired on December 31, 2012.

Molly explained that she had worked with Dick Williams for eight years on Council and that he served an additional two years as Mayor. She further advised that Judy MacManus had served on the Planning Commission for several years prior to being elected to serve as a member of the Council for eight years. She stated that Roger Conant served one 4-year term on Council.  She pointed out that each of the out-going elected officials brought a unique perspective during their service to the City and she thanked them on behalf of the residents for their dedication and contributions during their service.

Mayor Williams asked if there was any further business and there was no response.

9.   ADJOURN: Councilmember Hovey moved for adjournment at 8:10 p.m., seconded by Councilmember MacManus and carried.  (5-0)


___________________________                              ___________________________
Richard A. Williams, Jr., Mayor                                              Catherine Iago, City Clerk