SUNFISH LAKE CITY COUNCIL MEETING – DECEMBER 6, 2011

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

Attendants:

Mayor:  Richard Williams

Councilmembers: Judy MacManus, Paul Burke and Mike Hovey.

City Attorney:  Tim Kuntz            
Engineer:  Don Sterna

City Planner: Alan Brixius
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.
Councilmember Conant was absent.

1.   CALL TO ORDER:  Mayor Williams opened the meeting at 7:00 p.m.

2.   APPROVE AGENDA:       Mayor Williams asked if there any additional items for discussion or corrections to the agenda and there was no response.

Councilmember Hovey moved approval of the Agenda, seconded by Councilmember MacManus and carried. (4-0)

3.   CONSENT AGENDA:       The Mayor asked if there were any questions or comments relating to any items on the Consent Agenda.

Councilmember Hovey moved approval of the Consent Agenda, seconded by Councilmember MacManus.

a. Regular Council Meeting minutes of November 1, 2011

b. List of Bills

c. Monthly Financial Statements

In discussion, Councilmember Burke asked the Treasurer to explain the reduction in the property taxes received from the County and asked if the amount shown was estimated or the actual amount received.

Treasurer Blair stated the amount shown was the actual amount received and that it was lower than anticipated. He commented that it is a possibility that some residents did not pay their property taxes. He stated that the City normally receives the final adjusted payment from the County in mid-January and that should include any late payments or adjustments.

Councilmember Burke asked if the Treasurer had moved monies to the savings account. Treasurer Blair responded that the funds from the 4M and Money Market account from Smith Barney had been moved to the Wells Fargo Savings Account. He explained that there are also three (3) CD’s that will be transferred to the savings account when they reach maturity. He stated he confirmed that the new savings account is FDIC insured.  

Mayor Williams asked if there were any further comments or questions and there was no response. He called for a vote on the motion.

Motion carried. (4-0)

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 2012:

Mayor Williams opened the public hearing at 7:05 p.m. for the purpose of reviewing and receiving comments relating to the proposed 2012 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 $436,200, which is a 12.5% increase over the 2011 adopted budget. He explained that Council proposed an additional $20,000 be included in the 2012 snowplowing budget, due to last year’s significant snowfall events. He further advised that the Engineer had suggested increasing the Capital Improvement Project (CIP)/Road Maintenance Fund from $24,000 in 2011 to $46,000 in 2012 and this was the only other significant increase. He stated that the remaining budget increases are not significant.

Mayor Williams pointed out that Council may wish to consider reducing the snowplowing budget amount in light of the fact that the school district levy passed and will also increase taxes for residents.  He stated that it is his personal view that the City should include some increase in the snowplowing budget. He asked the Treasurer for his opinion as to whether or not a lesser amount of $35,000 would be viable to cover snowplowing costs.

Treasurer Blair pointed out that the Angell Road improvement was not ordered and therefore those funds would be available to use for snowplowing purposes if necessary. He commented that the City is always concerned about maintaining cash reserves, but due to the fact the improvement was not done there are funds available. He indicated there is room for adjustment to the snowplowing budget since the funds were not spent.

Councilmember Burke thanked the City Engineer for securing a contract for snowplowing services, resulting in a cost savings of approximately $7,000 compared to the previous year’s bid.

The City Treasurer agreed and stated there is flexibility in the budget and that reducing the snowplowing budget would be acceptable.

Mayor Williams agreed and suggested that an approximate $10,000 reduction in the snowplowing budget, along with the cash reserves available to the City should cover the snowplowing costs. He noted that if any monies are borrowed from the CIP/Road Maintenance Fund for snowplowing, they could be repaid the following year. He asked if Council wished to make a motion to change the proposed 2012 budget.

Councilmember Burke asked if the Engineer if there were any specific improvement projects identified for next year.

The Engineer stated he was not aware of any major projects scheduled for next year, however, if a project arises, Council has the option to decide if it should be done.

There was discussion regarding what amount would be viable for the snowplowing budget. Mayor Williams suggested that a motion include some reduction to the snowplowing budget.

Councilmember Burke moved to reduce the proposed snowplowing budget for 2012 to $40,000, seconded by Councilmember Hovey.

Councilmember Hovey agreed with a proposed $10,000 reduction in the snowplowing budget, but stated he would be more comfortable with some “cushion” in the account.

Mayor Williams asked the City Attorney if the motion should include the reduced amount. The Attorney responded yes and stated the resolution would be revised to show the change.

In discussion Mayor Williams asked if there would be sufficient funds available for infrastructure maintenance in 2012 if monies had to be used for snowplowing.

Councilmember Hovey asked the amount of anticipated costs for CIP projects and road maintenance in 2012.

Treasurer Blair advised that $8,000 was budget for road maintenance in 2012.
Engineer Sterna explained he had discussed the CIP items with Engineer Hanson; he identified the items budgeted for 2012 were as follows: $26,000 for cracksealing and $22,000 for culvert cleaning, for a total of $48,000.

The Treasurer advised that Engineer Hanson had reduced the number to $46,000.

Engineer Sterna suggested that the City should perform the cracksealing, but indicated that some of the culvert cleaning projects could be deferred if necessary.

Councilmember Hovey asked the Engineer if he would agree that $15,000 from the Road Maintenance fund could be used for snowplowing if needed. Engineer Sterna responded yes and reiterated that culvert cleaning could be delayed if necessary.

Councilmember Hovey commented that he wished to make sure there were funds available to cover maintenance costs.

Councilmember Burke suggested that the CIP fund and Road Maintenance fund be listed as separate line items in the future.

Mayor Williams asked if there were any further comments or questions and there was no response. He asked for a vote on the motion.

Motion carried. (4-0)

Mayor Williams asked if there were any comments from the public and there was no response.

Councilmember Hovey moved to close the public hearing, seconded by Councilmember MacManus and carried. (4-0)

Councilmember Hovey moved to adopt Resolution No. 2011-18 titled RESOLUTION ADOPTING THE GENERAL FUND OPERATING BUDGET FOR THE CITY OF SUNFISH LAKE FOR THE YEAR 2012 as amended with a $15,000 reduction in the snowplowing budget line item to $40,000, seconded by Councilmember Burke and carried. (4-0)

Attorney Kuntz advised that proposed resolution adopting the tax levy for 2012 would be revised as follows: the General Fund amount reduced from $408,000 to $393,000; the Bond Levy remains the same at $28,200; the Final Net Levy amount is reduced from $436,200 to $421,200.

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

Councilmember Burke moved to adopt Resolution No. 2011-19 titled RESOLUTION LEVYING AND ADOPTING THE TAX LEVY FOR COLLECTION IN THE YEAR 2012 in the amount of $421,200, seconded by Councilmember Hovey and carried. (4-0)

6.   PLANNING COMMISSION/PLANNER’S REPORT: Planning Report: Planner Brixius reviewed his report dated
November 30, 2011 and stated that the November and December Planning Commission meetings were cancelled since no applications were submitted for review. He explained that the Commission would meet in January to discuss the proposed public park and open space use regulations. He stated that he prepared a draft ordinance tailored to the City’s natural park areas that will be discussed and edited by the Commission. He advised that following the Commission review, a schedule for public hearing and Council consideration will be outlined. He further advised that an inquiry was received regarding expansion of the home at 345 Salem Church Road and the person was advised the home expansion would require a major building site plan review and variance from the shoreland setback; no application has been pursued to date.

The Planner explained that the Mayor recommends Planning Commission appointments to Council at their first meeting in January. He noted that only one term expires next year, Commissioner Tom Schlehuber. He stated that the Chair is also appointed in January.  He advised that Gordon Peters was appointed to fill the remaining term of Tom Votel.


Planner Brixius referred Council to the 2012 Development Application Schedule that lists the dates for submission of planning applications, Planning Commission meeting dates and Council meeting dates. He explained that he had contacted the City Clerk and City Attorney regarding the meeting dates and noted that three changes were made to the 2012 schedule for Council meeting dates; the February meeting was rescheduled due to the precinct caucuses; the July meeting was rescheduled due to its close proximity to the July 4^th holiday and the November meeting was rescheduled due to the election. He advised that Council adopts their meeting schedule in January each year.

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

Council thanked the Planner for his report.

7.   INSPECTOR’S REPORTS:

a.   Building Inspector: Inspector Neameyer stated that four permits were issued in November and several permits were closed. He explained that some permits are closed with a notation stating “not approved”; this it is due to the fact that he has attempted to contact the permit holder because no activity has taken place at the site over a long period of time. He advised that the City Code requires the permit to be closed within a certain time period and therefore the permit is closed with the “not approved” notation because he was unable to inspect a completed project.

Councilmember Hovey asked if the resident must request a new permit to continue work and the Inspector responded yes.

The Inspector advised that he had checked the residence at 2078 Charlton to insure no one was living at this location and posted “No Trespassing” signage at the property. He stated he also informed the Police Department to check the premises to insure no one enters the building since it is unsafe.

Council thanked the Inspector for his report.

b.   CITY ENGINEER: Engineer Don Sterna reviewed his report dated December 2, 2011 and advised that he met with the Ace Blacktop plow truck driver to tour the City and show the routes and critical areas to be aware of as they plow snow this winter. He advised that there was one snow event on November 19 where the roads became slippery; he stated he asked the contractor to apply straight salt on the steep sections of Salem Church Road. He stated that he will continue to manage the budget for snowplowing by working with the contractor and delaying plowing until the snowfall event is done rather than plowing twice. He noted he has some concern regarding the use of straight salt going into ditches along the roadways; however, he indicated that salt may be used for unique conditions in slippery areas and that he will monitor its use.

Public Works Activities Undertaken in the Month of November: Engineer Sterna advised that Charlton Road was regraded the first part of November by Pine Bend Paving.

Anticipated Engineer/Public Works Activities for the Month of December: The Engineer stated he would continue to monitor the snow removal in December and would be preparing information relating to the process and procedure for handling future improvement projects.

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 completed basal bark spraying of seed producing buckthorn in Musser Park, Harmon Park and the Wahl Wetland. He advised he removed branches hanging into the driving lane along Charlton Road and also two large dead cottonwood trees were removed east of the intersection of Windy Hill and Salem Church Roads. He stated that he attended an Emerald Ash Borer (EAB) Roundtable with other city foresters which provided updates on EAB locations and how they plan to deal with the problems in their cities.

The Forester stated he attended an Urban Wildlife Management Seminar presented by the Minnesota Shade Tree Advisory Committee that focused on deer management in urban settings and provided some information relating to deer management as outlined in his report dated November 28, 2011.  He explained that he spoke with Tree Rivers Parks, who has done aerial deer surveys for the City in the past; he advised that the City’s cost for a cooperative flight would range between $300 and $350 and could be conducted in January-February of 2012.

Forester Nayes asked that Council consider authorizing the Mayor to sign the Arbor Day Proclamation, proclaiming May 5, 2012 as Arbor Day in the City of Sunfish Lake. He further advised that the City was awarded the Tree City Designation for 2011 and asked that Council authorize the Mayor to sign the application for certification.

Councilmember Hovey moved to adopt and authorize the Mayor to sign the 2012 Arbor Day Proclamation, proclaiming May 5, 2012 as Arbor Day in the City of Sunfish Lake, seconded by Councilmember MacManus and carried. (4-0)   

Councilmember Burke moved to authorize the Mayor to sign the application for Tree City USA Certification for 2011 for the City of Sunfish Lake, seconded by Councilmember Hovey and carried. (4-0)

Council thanked the Forester for his report.

d.   PUBLIC SAFETY: Chief Shaver reviewed his report dated November 22, 2011 and explained that the two suspicious persons calls were contractors performing work within the City; he praised the residents for their diligence in noting unfamiliar vehicles within the City.

The Chief reminded residents that burglaries are normally on the rise this time of year and advised that the Crime Prevention Specialist in West St. Paul is available for a free home survey and to provide tips for deterring burglars.

Chief Shaver thanked Councilmember Hovey for his assistance to place informational articles he has sent to the City website.  

Mayor Williams reported that Officer Muellner advised him two (2) deer were taken during the deer hunt; he noted that this item was listed for discussion later on the agenda.

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: Attorney Kuntz stated these items were adopted earlier in the meeting.

c.   Consider Resolution Setting Dates for the Regular City Council Meetings for 2012: Attorney Kuntz presented the proposed resolution setting the dates for the Regular City Council meetings for 2012; he explained the three (3) changes  made to the scheduled: the February meeting was delayed one week due to the fact that no public meetings may be held on the precinct caucus evening, the July meeting was scheduled one week later due to the fact that the regular meeting date was one day prior to the 4^th of July; and the November meeting was delayed one day since no meeting may be held before close of the polls on election day and the Council must canvass the election results within three days after the election.

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

Councilmember MacManus moved to adopt Resolution No. 11-20 titled, RESOLUTION SETTING DATES FOR THE REGULAR CITY COUNCIL MEETINGS FOR 2012, seconded by Councilmember Hovey and carried. (4-0)

d.   Consider Resolution Setting Dates for the Regular Planning Commission Meetings for 2012: Mayor Williams advised that Council should refer action on this item to the Planning Commission at their regular meeting in January.

Councilmember Burke moved to refer adoption of the Planning Commission meeting schedule to the Commission for their consideration at their regular meeting in January, seconded by Councilmember Hovey and carried. (4-0)

e.   Confirm Appointment of Andrea McCue as the Alternate to Serve on the Lower Mississippi River Watershed Management Organization (LMRWMO):  Mayor Williams asked that Council confirm the appointment of Andrea McCue to serve as the alternate on the Lower Mississippi River Watershed Management Organization; he stated that Councilmember MacManus, the Council representative to the LMRWMO recommended the appointment of Andrea McCue as the alternate.

Councilmember MacManus moved to confirm the Mayor’s appointment of Andrea McCue to serve as the alternate on the Lower Mississippi River Watershed Management Organization (LMRWMO), seconded by Councilmember Hovey and carried. (4-0)

f.    Report on 2011 Deer Management Program:  Mayor Williams advised this report was provided earlier this evening.

Attorney Kuntz suggested that Council consider authorizing the expenditure for the aerial deer count that was discussed previously by the City Forester.

The Forester agreed that he would prefer to have the authorization prior to scheduling the event.

Treasurer Blair advised that there is $400 in the Budget for Deer Management.

Councilmember Hovey moved to authorize the expenditure of up to $400 to conduct an aerial deer count in 2012 as outlined by the City Forester, seconded by Councilmember MacManus and carried. (4-0)

g.   Consider Ordinance Amendment to City Code Sections Relating to the Building Code and Building Permit Fees:  Attorney Kuntz referred to his report dated November 30, 2011 and explained that he had prepared an ordinance amendment based on the information presented by the Building Official at the September Council meeting. He noted that the suggestions presented by the Building Official fell into three categories; 1) Updating the application and the certificate of occupancy forms and the permit cards; 2) Updating citation references in the City Code to reflect a new numbering of the State statutes; and, 3) Amending the permit fees.

The Attorney explained that he worked with the Building Official to draft an ordinance incorporating the proposed changes and showing the adjustments in the code. He advised that the Building Official prepared a document comparing the proposed revised permit fees with similar permit fees from other jurisdictions, as well as a before and after sample fee comparison for review.

Attorney Kuntz stated that as part of the revision process, several other changes were made to various related City Code provisions in order to make them more user-friendly and consistent.

Staff recommends adoption of the ordinance as presented.

Councilmember Burke moved to adopt Ordinance No. 2011-05 titled AN ORDINANCE AMENDING SUNFISH LAKE CITY CODE SECTIONS 1001.01, 1001.02, 1003.01, 1201.10, AND CITY CODE CHAPTER 1004 RELATING TO THE BUILDING CODE AND BUILDING PERMIT FEES, seconded by Councilmember Hovey.

In discussion Councilmember Burke commented that the fee schedule was adopted in 1997, revisited in 2003 and changes are now being proposed 14 years later. He referred to the fee for Demolition and commented that it appears rather small for demolishing a building.

Mayor Williams commented that in some older structures demolition may involve removal of hazardous materials.

Inspector Neameyer explained that the Demolition fee is based on his one or two inspections of the premises and that he must verify that everything has been removed and nothing has been buried at the site, except things authorized by law. He noted that removal of hazardous materials is overseen by Dakota County and paperwork must be filed noting the removal of any hazardous materials.

Councilmember Hovey asked who is responsible for filing the paperwork. Mr. Neameyer responded that the demolition contractor has the responsibility to file the paperwork and there are severe fines if hazardous materials are not reported. He explained that he is proposing the average fee charged by other communities.

Mayor Williams asked if there were any other comments or questions and there was no response. He called for a vote on the motion.

Motion carried. (4-0)

h.   Discussion of Meeting with State Auditor’s Office: Mayor Williams reported that he and Councilmember Conant met with a representative from the State Auditor’s office to discuss the financial reporting for the City. He stated that this person confirmed the City is doing a fine job and recommended some minor changes in the reporting forms for easier review. He indicated that some cash controls were also recommended such as review of the bank statements, but no other concerns were expressed and they indicated there were good controls in place. He stated that it was also suggested that the City draft a procedures manual for financials. He noted that the Auditor’s Office had no criticism of the reporting, only accolades.

Councilmember Burke asked if there were procedures for wire transfers in place. Mayor Williams stated no, but it was suggested that there should be two (2) signatures for wire and ACH transfers and documentation.

Councilmember Hovey asked if the City has wire transfers and Treasurer Blair explained they are minimal and usually fund to fund.

Attorney Kuntz pointed out that the Treasurer should report any wire transfers to Council at the next regular meeting after they occur. Treasurer Blair stated he does include them in his report.

i.    Other/New Business: 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.  (4-0)


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