- DRAFT –
SUNFISH LAKE CITY COUNCIL MEETING – DECEMBER 4, 2018
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Dan O’Leary
Councilmembers: Mike Hovey, JoAnne Wahlstrom, and Shari Hansen
City Attorney: Tim Kuntz
City Planner: Ryan Grittman
City Engineers: Jeff Sandberg
City Treasurer: Ann Lanoue
Building Inspector: Mike Andrejka
City Forester: Jim Nayes
Police Chief: Manila Shaver
City Clerk: Cathy Iago
and Members of the General Public.
Councilmember Steven Bulach was absent
1. CALL TO ORDER: Mayor O’Leary opened the meeting at 7:00 p.m.
2. APPROVE AGENDA: Mayor O’Leary asked if there were any additions or corrections to the agenda and there was no response.
Councilmember Wahlstrom moved to adopt the agenda, seconded by Councilmember Hansen and carried. (4-0)
3. CONSENT AGENDA: Mayor O’Leary asked if there were any questions or comments relating to any items on the Consent Agenda.
Councilmember Hovey asked the Treasurer if there was a problem with the Xcel Energy bill and why it was not paid in full.
Treasurer Lanoue explained there is no problem and that there is a timing issue with the mailing; she stated the bill is paid twice per month.
Mayor O’Leary removed the Forester’s Report due to the fact there are two (2) items requiring Council action in the report. He asked if there were any other questions or comments and there was no response.
Councilmember Hovey moved approval of the Consent Agenda as amended, seconded by Councilmember Wahlstrom and carried. (4-0)
a. Regular Council Meeting Minutes of November 13, 2018
b. List of Bills
c. Monthly Financials
d. Receive Building Inspector Report
f. Receive Public Safety Report
4. COMMENTS FROM THE PUBLIC: The Mayor asked if there were any comments from the public.
Tom Schlehuber, 325 Salem Church Road, stated that he and his wife had concerns regarding the icy condition of Salem Church Road. He noted that his daughter ran off the road due to the road conditions at the incline in the road near Delaware Avenue. He asked that the City be more pro-active with placement of sand and salt during the winter months, especially on the inclines and sharp curves along Salem Church Road. He stated that he realizes the City has a limited budget for this purpose, but asked that they consider the safety of the residents.
Mr. Schlehuber asked the amount of the City’s snowplowing budget and how the contractor is advised when to plow and/or place sand and salt on the roads.
Mayor O’Leary explained that the City Engineer would be discussing the snowplowing issues during his report and the questions posed by Mr. Schlehuber should be answered at that time. He commented that in his opinion it is also the City’s main concern that residents have safe driving conditions during the winter months and that the City has reserve funds if the snowplowing budget is exceeded due to extensive snow events.
The Mayor asked if there were any further comments from the public and there was no response.
3. e. Receive Forester Report: Mayor O’Leary noted there were two (2) items that require Council action in the Forester’s report and asked the Forester to explain the requests.
Forester Nayes explained that he annually submits an application for the City to receive the Tree City USA designation and the Council must authorize the Mayor to sign the application form; he noted this is the 26th year the City has submitted the application.
The Forester further explained that the Council annually approves the date for the Arbor Day celebration, which he plans to conduct on Saturday, May 5, 2019. He asked that Council take action on both items.
Mayor O’Leary asked if there were any questions and there was no response.
Councilmember Hovey moved to authorize the Mayor to sign the application for the Tree City USA designation and to approve Saturday, May 5, 2019 for the Arbor Day celebration, seconded by Councilmember Hansen and carried. (4-0)
5. PUBLIC HEARING/PRESENTATIONS: a. Public Hearing to Consider the City of Sunfish Lake Budget and Tax Levy for 2019: Mayor O’Leary opened the meeting for the purpose of a Public Hearing to consider the proposed 2019 City Budget and Tax Levy. He asked the Treasurer to review the proposed budget and tax levy for those present.
Treasurer Lanoue stated that the City annually conducts a Truth in Taxation Hearing to review the proposed City Budget and Tax Levy for the upcoming year for residents and to receive their comments. She distributed a handout with the proposed budget and tax levy information. She explained that the information also contains budget information for School District 197, Dakota County and special taxing districts; she noted that the City would not discuss that information this evening and that interested residents could contact those entities with questions. She explained that Dakota County sets the property valuations for the City and sends notices to residents. She explained that no valuations would be discussed.
The Treasurer explained that Council conducted a special meeting in August to discuss the budget requests from the staff consultants and review information from Dakota County on the tax capacity rates. She explained that the Council must adopt the preliminary budget and certify it to Dakota County in September and would adopt the final budget this evening after the public hearing. She noted that the proposed budget amount could be decreased prior to final adoption but could not be increased.
Treasurer Lanoue explained that the tax capacity rate for the City would not increase and would remain at .26168%. She advised that the School District, County and Special Districts make up the remaining tax dollar collected. She explained that there are two (2) levies in the City; the General Tax Levy is used for the City Budget and the Bond Levy. She noted the City currently has three (3) bond issues at this time and stated there would be a 10.68% increase in levy dollars in 2019.
Mayor O’Leary asked if one bond issue would be removed in the near future and the Treasurer responded that one of the bond issues would be removed in 2020.
The Treasurer advised that the General Tax Levy, which is used for the City Budget, is proposed to be $541,693 for 2019. The Bond Levy is proposed to be $81,585.
The Treasurer explained that City Budget expenditures decreased in 2019 due to the fact that there would be no election in 2019, however, she explained that the Fire Department cost increased based on the proposed construction of a new building. She stated that the Snowplowing budget was increased $3,000 to $38,000 for 2019 and advised that the City retains $34,816 in cash reserves for items such as emergency road maintenance or snowplowing.
Treasurer Lanoue stated that the overall budget documents are similar to prior years and that Council would be requested to adopt the 2019 Budget and Tax Levy later on the agenda in order to certify the documentation to Dakota County in December. She advised that the information is also filed with the Minnesota Department of Revenue and State Auditor. She offered to respond to questions.
Mayor O’Leary thanked the Treasurer for her presentation. He asked if there were any questions from Council or the audience and there was no response.
Mayor O’Leary closed the public hearing at 7:30 p.m. and explained the resolutions would be considered later on the agenda.
b. Presentation from Brian Grogan, Representing NDC4, Regarding Cable Franchise Agreement with Comcast: Attorney Brian Grogan explained that the Northern Dakota County Cable Commission (NDC4) which represents seven (7) member cities in Dakota County, had been working to negotiate the renewal of the cable TV franchise agreement with Comcast. He explained that the negotiations had been informal and the parties had been unable to reach an agreement, He explained that the Cable Commission now requested that staff prepare a formal response to Comcast prior to their December 12, 2018 deadline to accept or deny their formal proposal. He reviewed the portions of the formal proposal where the cities and Comcast differ the most and were unable to reach a satisfactory resolution during negotiations. He noted that NDC4 would be requesting the seven (7) member cities to prepare a formal resolution that supports the Cable Commission’s denial of the preliminary proposal from Comcast. He advised that if all seven cities support its denial, the matter would then be referred to the League of Minnesota Cities and they would provide legal counsel for the cities should this matter go to litigation. He noted that other metro cities had used the League’s staff for this same purpose and had been successful in winning their case regarding their cable franchise renewal.
Mayor O’Leary asked if there were any questions from Council. He noted that Councilmember Wahlstrom serves on the Cable Commission as the City’s representative and that she and he and the City Clerk had met with Executive Director Jodie Miller to discuss this matter last week. He stated he would be willing to support denial of the Comcast franchise application.
Council concurred that they would be willing to adopt a resolution supporting denial.
Attorney Kuntz referred to his memorandum dated November 28, 2019 and recommended that Council adopt the motion shown under Section 2. Council Action in his memo that requests the Cable Commission draft a resolution denying the application to be considered at a future meeting.
Mayor O’Leary moved that the Sunfish Lake City Council requests that the Cable Commission and its attorney prepare for the City a draft Council resolution denying the Comcast franchise application so that the resolution may later be considered by the Sunfish Lake City Council, seconded by Councilmember Wahlstrom and carried. (4-0)
Attorney Grogan thanked the Council and stated he would advise the Cable Commission and asked that a copy of the action taken this evening be forwarded to NDC4 Executive Director Jodie Miller.
Mayor O’Leary thanked Brian Grogan for his presentation.
6. PLANNING COMMISSION/PLANNER’S REPORT: a. Consider Adoption of Two (2) Resolutions for Properties at 2 Sunfish Lane and 331 Salem Church Road: Planner Grittman explained that staff had prepared two (2) resolutions for Council adoption that were changed or updated since the last Council meeting.
Mayor O’Leary asked if there were any questions and there was no response.
Councilmember Hovey moved, seconded by Councilmember Hansen, to adopt the following:
Resolution No. 18-35 titled RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A SECOND ACCESSORY STRUCTURE, A CONDITIONAL USE PERMIT FOR GARAGE SPACE EXCEEDING 1,250 SQUARE FEET, AND MAJOR SITE AND BUILDING PLANS FOR THE PROPERTY LOCATED AT 2 SUNFISH LANE, SUNFISH LAKE, DAKTOA COUNTY, MINNESOTA, subject to conditions as listed in the resolution; and,
Resolution No. 18-36 titled RESOUTION APPROVING AN AMENDMENT TO THE CONDITIONS OF APPROVAL FOR A SHORELAND SETBACK VARIANCE, AND A SIDEYARD SETBACK VARIANCE TO PERMIT CONSTRUCTION OF A GARAGE EXPANSION AND SECOND FLOOR LIVING SPACE FOR THE PROPERTY LOCATED AT 331 SALEM CHURCH ROAD, SUNFISH LAKE, DAKOTA COUNTY, MINNESOTA, subject to the conditions as amended from Resolution No. 16-14 and as listed in this resolution.
Motion carried. (4-0)
b. Planner’s Report: Planner Grittman reviewed the following information listed in his report dated November 28, 2018 and stated that the November Planning meeting was cancelled due to a lack of agenda items and the December meeting may also be cancelled. He explained that he sent a letter to the property owners at 315 Salem Church Road regarding the fact that their permit had expired and they would have to reapply to have chickens in the future.
The Planner explained that Council would be considering adoption of the 2019 Planning Application and Meeting Schedule later on the agenda.
Council thanked the Planner for his report.
7. CITY ENGINEER REPORT: 1. Engineering Activities Undertaken in November: A. Approve Comprehensive Stormwater Management Plan: Engineer Sandberg explained that his firm completed the update to the City’s Comprehensive Stormwater Management Plan (CSWMP) to be included in the City’s overall Comprehensive Plan update. He advised that the plan had not been updated since 2005. He stated the plan establishes stormwater management activities and outlines wetlands within the City. He noted that Section E of the document contains pamphlets for each lake and information related to the Citizen Assisted Monitoring Program (CAMP) that may be used for City website information. He stated that staff recommends Council adopt the CSWMP as presented.
Mayor O’Leary asked why this plan wasn’t revised the last time the Comprehensive Plan was updated.
Engineer Sandberg stated he was unsure why the plan was not updated and suggested that Engineer Sterna may be able to respond to that question.
Mayor O’Leary asked if there were any questions and there was no response.
Councilmember Wahlstrom moved to adopt the updated Sunfish Lake Comprehensive Stormwater Management Plan (CSWMP) as presented, seconded by Councilmember Hansen and carried. (4-0)
B. Map Preparation/Update for Welcome Committee: Staff provided updated maps for the Welcome Committee.
C. Ordinance Revision for MS4 Compliance: The Engineer stated that staff reviewed the final draft of an ordinance update to meet the City’s MS4 requirements and will forward the final draft to Council for review and approval at a future meeting.
D. Charlton Road Improvement Project Schedule Update: Engineer Sandberg stated that staff had completed an updated project schedule for the Charlton Road project, as attached to the Engineer’s report dated November 28, 2018. He stated that he would bring plans and specifications to the January, 2019 meeting for Council approval and request authorization to advertise for bids. He explained that staff plans to conduct an Open House on January 15, 2019 to review the project with residents, the bids would be received at the February meeting and the contract awarded in March. He advised that construction should begin in June, 2019 and be completed by August. He stated the assessment hearing would be conducted in September.
2. Building and Site Reviews in the Month of November: Staff met with the architect and City Planner to review a building proposal for construction at 369 Salem Church Road; it is anticipated that formal plans would be review by the Planning Commission and Council at a future meeting.
3. Engineering /Public Works Activities Undertaken in the Month of November: A. Staff performed site inspections for signs in need of repair in the City and will work with a contractor to repair all signs in one work order.
B. Staff met with the vendor who is replacing the Fire Marker signs and was advised that works should be completed this month. Engineer Sandberg advised he viewed some of the new signs on his way to the meeting this evening and found them to be very reflective and visible. He commented that in his opinion emergency personnel would most likely be very appreciative as they should have no problems viewing the new signage.
C. Staff has been working with the snowplowing contractor regarding the road conditions. The Engineer explained that he sent out five or six letters requesting bids for plowing and only received two (2) responses. He noted that the current contractor is the same one used for the last two years and that he lives in the area, therefore, has been reasonably responsive when a snowfall occurs.
Engineer Sandberg stated that the contractor had been responding to several calls this past weekend due to the weather. He noted that the contractor had been only putting salt on the roads, per Council direction, however, he advised him to now put sand in the areas that were icy.
The Engineer explained that the contractor offered to create an email address where residents can send information on icy road conditions so that he would be able to respond in a timely manner. He noted that due to vegetation coverage the sun does not reach the road to melt the snow and that causes the icy conditions.
Engineer Sandberg advised that the City had been responsive to residents’ concerns and he encouraged residents call him whenever necessary. He further advised that the City had budgeted additional funds this year for plowing purposes and would continue to use sand along with salt on the roads, especially when icy conditions are reported.
Mayor O’Leary read several emails he received from the City Engineer relating to requests and concerns of the residents. He advised that the salt on the road is working if there are “chunks” as noted in the emails. He explained that Council agrees safe roads are a necessity and that reserve funds would be used if the snowplowing budget is exceeded to ensure road safety. He commented that protecting the safety of residents is a major concern for the City.
Both the Mayor and City Engineer advised that residents also have a responsibility to adjust their driving to accommodate unsafe road conditions and urged them to slow down when this occurs.
Council thanked the Engineer for his report.
8. NEW/OTHER BUSINESS: a. Consider Resolution Adopting the General Fund Operating Budget for 2019: b. Consider Resolution Adopting the Tax Levy for Collection in the Year 2019: Attorney Kuntz referred to his report dated November 28, 2018 requesting Council adopt the 2019 General Fund Operating Budget and 2019 Tax Levy as reviewed and discussed at the public hearing earlier this evening and identified as Items 8.a. and 8.b.
Mayor O’Leary asked if there were any questions and there was no response.
Council Hovey moved, seconded by Councilmember Hansen, to adopt the following resolutions:
Resolution No. 18-37 titled RESOLUTION ADOPTING THE GENERAL FUND OPERATING BUDGET FOR 2019 and
Resolution No. 18-38 titled RESOLUTION LEVYING AND ADOPTING THE TAX LEVY FOR COLLECTION IN THE YEAR 2019,
In the amount of $623,278.
Motion carried. (4-0)
c. Consider Resolution Setting Dates for the Regular City Council Meetings for 2019, d. Consider Resolution Setting Dates for the Planning Commission Meetings for 2019; and, e. Consider Resolution Setting Dates for the Planning & Land Use Application Deadlines for 2019: Attorney Kuntz referred to his report dated November 28, 2018 requesting Council adopt the resolution setting dates for City Council Meeting for 2019 and the resolution setting dates for Planning and Land Use Application Deadlines for 2019. He noted that the Resolution Setting the Planning Commission Meeting Dates for 2019 would be referred to the Planning Commission for adoption.
Mayor O’Leary suggested moving the November council meeting to the second Tuesday of the month so that it would not have to be amended during an election year.
Clerk Iago explained that residents are used to the meeting being the first Tuesday of the month and that may be best to keep the continuity of the first Tuesday for residents.
Council concurred to leave the November meeting on the first Tuesday.
Council found two (2) typing errors in the Planning and Land Use Application calendar and asked the Planner to make the corrections to the October and November dates.
Councilmember Hovey moved, seconded by Councilmember Hansen, to adopt the following resolutions with corrections:
Resolution No, 18-39 titled RESOLUTION SETTING THE DATES OF THE REGULAR CITY COUNCIL MEETINGS FOR THE YEAR 2019, changing the November meeting to November 5, 2019, and;
Resolution No. 18-40 titled, RESOLUTION SETTING THE DATES FOR PLANNING AND LAND USE APPLICATION DEADLINES FOR THE YEAR 2019, with corrections to the October and November dates as discussed.
f. Discuss Appointment of Council Sub-Committee to Review Employee Salaries for 2019: Attorney Kuntz referred to his report dated November 28, 2019 which provided background information on the various employment contracts for the City positions of City Clerk, City Administrator, City Forester and City Treasurer. He explained that the compensation for these positions is usually adjusted at the January meeting when Council approves amendment employment contracts. He stated that evaluations were conducted at a special meeting prior to the regular meeting and a sub-committee of two (2) Councilmembers is normally appointed to review the salaries for these positions and makes a recommendation for compensation at the January meeting.
Clerk Iago explained that Councilmembers Hovey and Bulach were appointed last year to review the salaries and asked if Council wished to appoint them to review the 2019 compensation.
Council concurred to appoint Councilmembers Hovey and Bulach to review the positions and make a recommendation at the January meeting.
g. Report on 2018 Deer Management Program: Chief Shaver reported that eleven (11) deer were taken in the 2018 deer program, 8 antlerless and 3 antlered deer. He explained that the highest removal was 20 deer and that this was the second highest deer removal. He commented that Forester Nayes was still hunting as a resident, but had not removed any deer yet.
Forester Nayes explained that the Deer Management Program appears to be working and that there were no complaints received this year. He stated that 2019 would be the last year of the three-year plan and he encouraged Council to continue the program in the future.
Councilmember Hovey commented that he gave permission to the Metro Bowhunters to hunt on his land, however, he saw four (4) deer on his property last night.
h. Other/New Business: Mayor O’Leary asked if there was any further business.
Engineer Sandberg offered the email address for the snowplowing contractor to Council and asked that it be placed on the City website;
Councilmember Hovey suggested that staff should oversee the emails to determine when to send out the contractor.
Council agreed that a postcard should be sent to residents that lists the email addresses of the snowplowing contractor and City Engineer and asks that residents send their concerns to both parties and that Clerk Iago would mail the card to all residents. Council also asked that this information should be placed on the City website.
Councilmember Hansen moved to direct staff to compose and mail a postcard to all residents with information listing who to contact with road condition concerns and to urge residents to slow down during hazard conditions, and to direct the City Clerk to mail the postcards, seconded by Councilmember Wahlstrom and carried. (4-0)
Mayor O’Leary asked if there was any further business and there was no response.
9. ADJOURN: Mayor O’Leary moved to adjourn the meeting at 8:10 p.m.
____________________________ ________________________________
Catherine Iago, City Clerk Dan O’Leary, Mayor
We are a small community proud of our heritage and committed to the preservation of our pristine, rural character. We cherish our privacy, yet know we are part of a thriving Dakota County and the greater Twin Cities metropolitan area. With these partnerships in mind, we strive to preserve that unique spirit which is Sunfish Lake, Minnesota.