SUNFISH LAKE CITY COUNCIL MEETING – FEBRUARY 5, 2014

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

Attendants:

Acting Mayor:  Mike Hovey

Councilmembers: Cathy DeCourcy, Steven Bulach and JoAnne Wahlstrom

City Attorney:  Tim Kuntz

City Building Official: David Neameyer

City Planner: Michelle Barness
City Engineer:  Don Sterna
City Forester:  Jim Nayes

City Treasurer:  Ann Lanoue

City Clerk:  Cathy Iago
Police Chief Manila Shaver
Fire Chief John Maczko

and Members of the General Public
Mayor Molly Park was absent.

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

2.   APPROVE AGENDA:   Acting Mayor Hovey asked if there were any additions or corrections to the agenda and there was no response.

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

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

Councilmember DeCourcy referred to page 1 of the January 7, 2014 Council minutes and explained that in discussion under the Consent Agenda she did not wish to condone hunting wild turkeys; she asked that her comments in paragraph 5 be deleted.  Acting Mayor Hovey suggested the Clerk delete the entire paragraph, which included his comment. Clerk Iago agreed to amend the minutes as requested.

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

Councilmember Bulach moved approval of the January 7, 2014 Regular Council meeting minutes as amended, seconded by Councilmember Wahlstrom and carried. (4-0)

Councilmember DeCourcy raised the matter of payment to her for the expense she incurred related to the Sunfish Lake Holiday Party; she asked if this payment could be made in a more expedient manner versus having to wait for Council approval a few months later.

Treasurer Lanoue explained that the payment was delayed due to the timing of the invoice submission; she pointed out that if the invoice is sent to her earlier for placement on the list of bills, she could expedite the payment.

Councilmember DeCourcy agreed to submit the invoice earlier next year.

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

Councilmember Wahlstrom moved to approve the following as submitted:

b.   List of Bills

c.    Monthly Financials

seconded by Councilmember DeCourcy and carried: (4-0)

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

5.   PUBLIC HEARING: Conduct Public Improvement Hearing for 2014-01 Street Improvement Project: Acting Mayor Hovey opened the public hearing for the purpose of discussing the proposed 2014-01 Street Improvement Project at 7: 10 p.m. He explained that the City Engineer would provide an explanation of the construction project and its schedule, then the City Attorney would review the project financing, and then the floor would be open to receive comments from the public.  He asked that anyone wishing to speak provide their name and address for the record and to limit their comments to 3 minutes or less. He further requested that everyone be allowed to speak once before additional comments are presented.

Engineer Sterna thanked those present for attending the public hearing to provide their input on the proposed improvement project. He explained that the infrastructure of the City is reviewed annually and that staff uses this information to compile a 5-year Capital Improvement Plan (CIP). He commented that this project had been identified in the CIP for construction this year and staff also reviews the City’s ability to insure there are funds available to proceed with the project.

The Engineer explained that Windy Hill Road and Windy Hill Court are slated for full reconstruction by bituminous reclamation and bituminous paving to provide a new street with a 25 to 55 year life span based on future maintenance. He advised that the western section of Angell Road would be included in the project with a bituminous overlay, culvert and shoulder work, roadside swale grading and turf restoration. He stated that the roads included in the project are proposed to be assessed to property owners abutting the improvements or served by the improvements; therefore, the City must follow Chapter 429 regulations in the Minnesota State Statutes. He explained that the regulations include identifying a need for the project and how to pay for it by preparing a feasibility report which outlines the scope of the project and its proposed financing options. He stated that the feasibility report was prepared by staff last year, reviewed by Council on two occasions and a public meeting was held to discuss the project with adjacent property owners. He advised the feasibility report was approved by Council at their January 7, 2014 meeting and the next step is to conduct this public hearing to receive input from affected property owners. He stated that after the public hearing is closed, Council would consider plans and specifications for the project and, if the plans are approved by Council, the project would be sent for bids.  He advised that Council must then approve the bid and award of the project and after completion of the project, Council would conduct an assessment hearing to receive input from affected property owners.  After the assessment hearing is completed the affected residents have a certain time to appeal the assessment. He advised that if no appeals are received, the assessments are certified to Dakota County for placement on the 2015 tax statements. He noted that the residents have the option to prepay the full assessment with no interest, to pay over a 10-year period with interest, or to pay in full anytime during the 10-years with interest for the year it is paid in full.

Engineer Sterna explained that the deterioration of the pavement on Windy Hill Road and Court require a reconstruction of the street; he noted that although it is not one of the older streets in the City, it is in very poor condition. He advised that the western portion of Angell Road requires an overlay at this time and that the remaining portion of the road is slated for overlay in the future. He offered to respond to questions from Council.

Acting Mayor Hovey thanked the City Engineer and asked the City Attorney to explain the proposed financing for the project.

Attorney Kuntz explained that this project was initiated by the City, not petitioned by residents, and therefore Council must approve the project with a 4/5ths majority vote. He recommended that after Council receives comments from the public, they take action to continue the public hearing their March 4 meeting in order to hear any additional comments and to have the full Council available for voting. 

The Attorney explained that project schedule would be revised due to continuance of the public hearing and approval of the final plans and specifications and soliciting bids would be delayed. He stated the total estimated project cost is $347,875 and that the sealed bids would be opened in April, the bid awarded in May and the project work would be completed in June and July of 2014.  He further explained that the City Engineer had included language that allows the contractor a window of time for the work to be done; however, once the work begins the contractor has three weeks to complete the work so as not to inconvenience the residents for a long span of time. He noted that factors such as weather could delay the project a few days.

Attorney Kuntz stated that the feasibility report contained an itemized cost estimate for the project and that Council had taken action to retain Ehlers & Associates to assist with the bond sale. He further advised that the City retained an appraiser to determine the portion of the costs that could be reasonably assessed to the benefitted property owners. He noted that the City contribution to the project would be paid from the general tax levy. He stated that the proposed assessments for properties located on Windy Hill Road and Windy Hill Court are $6,500 per buildable unit and the proposed assessment for properties on Angell Road are $4,500 per buildable unit. He stated the remaining funds would come from the general tax levy in the amount of $205,000. The Attorney explained the residents would pay 59 percent of the total project costs and the City would pay 41 percent.

The Attorney stated that upon completion of the project, the City would conduct a public hearing in September to discuss the proposed assessments and receive comments from the affected property owners; he noted that the property owners would be formally notified of the assessment amounts prior to the meeting. He explained that staff would recommend the assessments be spread out over a 10-year period with an interest rate of approximately 1.5 to 2 percent higher than the interest paid by the City on the bond sale; he noted this increase would be used to cover the costs incurred by the City relating to the bond sale.  He noted that once the assessment is levied, property owners have options for payment as discussed by the City Engineer.

Attorney Kuntz advised that at this time Council could open the meeting for comments from the public and after comments are received, Council should take action to continue the public hearing to their March meeting. He offered to respond to questions from Council.

Acting Mayor Hovey asked if there were any questions from Council and there was no response.  The Acting Mayor opened the meeting for comments from the public.

John Lamey, 55 Windy Hill Road, asked what the interest rate would be for the assessments and questioned who has ownership of the road.

Attorney Kuntz responded that the City does not have a fixed number for the interest rate at this time. He explained that usually the City solicits quotes from several banks in order to receive a reasonable interest rate. He commented that in his opinion and given the current bond rates he would estimate the interest rate from the bank at approximately 4% and with the additional 2% charged by the City, the rate would be around 6 percent. He advised that the City owns the street.                

Dr. Lamey asked why the City would not pay the 59% and the residents the 41% if the City owns the road.

Engineer Sterna explained that the City adopted an assessment policy for cost-sharing of roadway improvements based on the classification of the street; he pointed out that on private roads the cost-share is paid 80% by residents and 20% by the City, on neighborhood collector roads the cost-share is paid 60% by residents and 40% by the City. He stated that the City reviews the policy and may vary somewhat on the cost-share amounts given unique circumstances.

Dr. Lamey asked who arrived at the dollar amounts proposed. Engineer Sterna explained that staff made the recommendation for the assessments based on the appraisal report; he noted that the appraisal indicated an $8,500 increase in property value with the improvement and staff determined that the $6,500 amount recommended meets the reasonability test for assessment of the properties on Windy Hill Road and Windy Hill Court.

Dr. Lamey pointed out that the property owners would pay the $6,500 and also pay from the general tax levy. He asked if there would be another assessment for the funds from the general tax levy.

The Engineer explained that if funds were not taken from the general tax levy to assist with the project costs, the City

would have to place a higher assessment on the affected property owners. He advised that the City has reserve funds for roadway improvements and that is why the Council adopts the CIP to spread out the improvements rather than increase taxes to cover these costs.  He commented that the next major improvement project is slated for 2020.  He noted that if the roads are not maintained with minor projects through the years, they would deteriorate and then the costs for improvements would increase. 

Alan Spaulding, 45 Windy Hill Court, stated he would prefer that the City pay the assessment costs for the vacant parcels of land and commented that if the vacant lots are assessed it may encourage development. He indicated his preference would be to retain the open space. 

Peter Molinaro, 2500 Angell Road asked if the City took soil borings on Angell Road to determine why it is in such poor condition.

Engineer Sterna advised that staff took 4-inch core samples of the bituminous materials on both portions of Angell Road and found there were differences between the two samples of bituminous. He commented that he was unsure of why one portion of the road deteriorated faster, but indicated it may have been moisture or poor materials used when the road was constructed.

Mr. Molinaro commented that Xcel had done some work along the roadway to fix utilities and some areas where they worked show distress.  Engineer Sterna agreed and noted that patching could be done in these areas along the street.

Mr. Molinaro asked about the radius of the increased cul-de-sac proposed at the end of Angell Road. The Engineer explained it would be 30 to 35 feet in order to assist with emergency vehicle access and snow storage.

Mr. Molinaro commented that the road should have a 25-year life span, however; this project is proposed after 20 years.

Engineer Sterna explained that seal-coating would be done to extend the life of the roadway. Mr. Molinaro asked if that would be assessed and the Engineer responded no.

Attorney Kuntz indicated that the Engineer suggested a clearer demarcation be placed on the west side of Windy Hill Road to identify where the public road ends and the private road begins.  Engineer Sterna suggested including a hammerhead turn around be installed in this area that is approximately 14 to 16 ft. wide so that a vehicle may use it to back out instead of entering a private road. 

Acting Mayor Hovey asked how snow plowing would be done in this area. The Engineer explained that a resident currently plows this area; however, the hammerhead could be used as a turn around for the snow plowing contractor.

Dick Bancroft, 100 Windy Hill Road, commented that there is an area of Windy Hill Road that is narrower and has a large box elder tree on it; he asked if the tree would be removed.

Engineer Sterna explained that there would work done to replace some culverts on Windy Hill Road and the road does get narrow in one of the ditch areas. He stated that the tree would have to be removed to adjust the width and this is included in the project costs.

Mr. Bancroft asked if the hammerhead proposed is included in the project cost and commented that the easements would have to be sorted out. Engineer Sterna advised that the easements are clear as what part of the roadway is owned by the City. He advised that the hammerhead is included in the project costs and that it would be 20 ft. to the east of where the private road ends. He offered to stake out the easements in that location.

Mr. Bancroft asked if the Mr. Larson and Mr. O’Hagen would be notified when the area is staked and the Engineer responded yes.

Acting Mayor Hovey asked if residents would be notified prior to the start of the project. Engineer Sterna explained that letters are sent to the affected residents, but he pointed out that weather conditions could delay the project. He also explained that there may be lapses of time when work is done on the project; he indicated that some patching and culvert work could be done on Angell Road one week and then the contractor may return a few weeks later to finish the paving in conjunction with final paving for the Windy Hill project.  He noted that this may provide the best value for the project by allowing the contractor some flexibility to complete all the paving at the same time.

Chief Shaver pointed out that emergency vehicles are familiar with several lengthy private driveways within the City and noted that sometimes “bump outs” are required so that these vehicles may pass each other during an emergency. He asked if this would be necessary for the project along Angell Road.

Engineer Sterna explained that normal street width standards are 22 ft. and both Windy Hill Road and Court meet those standards. He noted that Angell Road is only 20 ft. wide; however, the project does not plan to widen the road. He commented that the road has 2 ft. of gravel for the shoulder on either side.

Fran Lamey, 55 Windy Hill Road asked if the mailboxes would be moved during construction. The Engineer stated that the contractor may have to set-up a few temporary mailboxes during the project.  He commented that if the mailboxes must be relocated, the City would replace the posts.

Fire Chief Maczko asked if there are any “bump outs” proposed on Angell Road to accommodate the large fire department tanker trucks.  The Engineer explained that none are proposed at this time; he advised that the increase in the width of the cul-de-sac was included to assist with emergency vehicle access and snow plowing.

The Fire Chief pointed out that the tanker trucks are 10 ft. wide and requested that the City look at possible areas for including “bump outs” similar to those placed on Acorn Drive. He reported on an incident in the City of Eagan where emergency vehicle access was a problem and explained that insurance companies may deny a claim if accessibility is not provided by the City. 

Engineer Sterna expressed concern that some trees may have to be removed to accommodate the “bump outs”, but he offered to review the matter and further discuss it with the Fire Chief.

Jim O’Hagen, 35 Windy Hill Road, asked what happened with the deer hunt; he stated has eight (8) deer on his property.

Acting Mayor Hovey stated he would discuss the deer hunt with Mr. O’Hagen after the meeting.

Attorney Kuntz advised that he and Mayor Park had discussions with two property owners that have vacant property or parcels included in the assessments that could be subject to future subdivision.  He stated that he would provide information relating to these properties at the continued hearing at the March meeting.

Dr. Lamey asked why the first cost sharing percentages discussed were 56% for residents and 44% for the City and the numbers now changed to 59% and 41%. The Attorney explained that the numbers were recalculated by staff based on the appraisal information and the payment of assessments by the City for City owned lots.

Councilmember Bulach asked the engineer to show where on Windy Hill Court the private road ends and the public street begins and what portion would be repaved. The Engineer displayed a map showing the end of the public roadway and the placement of the hammerhead in that location.

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

Councilmember Wahlstrom moved to continue the public hearing for the 2014-01 Street Improvement Project to Tuesday, March 4, 2014 at 7:00 p.m. at St. Anne’s Episcopal Church, seconded by Councilmember Bulach and carried. (4-0)

Acting Mayor Hovey announced to those present that further comments would be received on March 4, 2013 at the continued public hearing.

6.   PLANNING COMMISSION/PLANNER’S REPORT: a.  Planning Report:  Planner Barness stated the Planning Commission meeting in January 2014 was cancelled due to lack of applications. She explained that she held a meeting with City Engineers Don Sterna and Tom Voll to discuss updating the Site and Building Plan review process in the Zoning Code. She explained the objective of the meeting was to identify possible revisions to the ordinance that would clarify the requirements and review procedures for the applicants and staff. She advised that a draft amendment to Section 1208 of the Zoning Ordinance was prepared and sent to City staff for their review and comments. She stated that once staff has agreed on proposed revisions, a draft ordinance amendment would be presented to the Planning Commission for their review and then forwarded to Council for discussion.   

The Planner reviewed the following inquiries as listed in her report dated January 29, 2014:

2400 Delaware Avenue: Staff met with Architect Dan Green regarding a garage renovation at 2400 Delaware Ave. She explained the project involves conversion of space above the existing garage into a bonus room. She noted the proposal would require modifications to the roof to add a small dormer and some adjustments to a saddle roof between the garage and house. She advised the alteration is approximately 400 sq. ft. in area and as such may be submitted for minor site and building plan review by City staff. She commented that final approval or denial would come from the Planner’s office.  She explained that after a brief review of the concept plans, the project does not appear to impact site grading, stormwater movement, vegetation or landscaping and should be able to continue to meet setback requirements.

The Planner explained that Council would be notified of the project when plans are officially submitted and would also be provided a copy of the project review and decision for their records.

Planner Barness advised that no new applications were submitted in January, and therefore the February Planning Commission meeting was cancelled.    

Council thanked the Planner for her report.

7.   STAFF REPORTS: a.   Building Inspector: Inspector Neameyer reported that five (5) permits were issued and one (1) permit closed in January, 2014. He commented that building activity has been slow during the winter months.

Council thanked the Inspector for his report.

b. City Engineer: Engineering Activates Undertaken in the Month of January: 2014 Street Reconstruction Project: The Engineer referred to his report dated January 30, 2014.  He advised that he would begin preparation of the final plans and specifications for the project for Council consideration after closing the continued Public Hearing at their  March meeting. He commented that the goal is to keep the project moving in order to certify the assessment in time to be placed on the 2015 tax roles for the City.      

MCES 2014 CAMP Program: Engineer Sterna advised he received the annual notice from the MPCA regarding the City’s participation in the Citizen Assisted Monitoring Program (CAMP) for the three City lakes. He explained that the City has had good volunteer participation for both Sunfish and Horseshoe Les, but has had difficulty finding a resident to monitor Hornbeam Lake.

Forester Nayes advised that there a few new residents had moved into the area new Hornbeam Lake and they may be interested in volunteering to collect samples. 

Acting Mayor Hovey asked if the Forester would be willing to contact the residents to determine if they are interested or if this should be done by the Engineer.  Forester Nayes agreed to contact the residents and forward the information to Engineer Sterna.

The Engineer explained that there is no charge for training for volunteers.     

Snow Plowing Activity for January: Engineer Sterna advised that the City had spent $6,000 on plowing activities to date through December, 2013 out of the budgeted amount of $35,000. He stated that he received several calls from residents in January regarding snowplowing activity and concerns. He explained that two mail boxes were damaged and that normally the contractor will repair the boxes that are hit or bent, but the homeowner is responsible to replace the mail box if it is shirred off its post since State law prohibits the City from doing so.  He noted that the contractor did repair the two damaged mail boxes.  

The Engineer advised that the Forester compiled a list of 14 fire numbers signs that should be replaced and that normally the City purchases the signs and then bills the residents for the cost; he commented that the cost to replace the signs should not exceed $1,000, which would be reimbursed by the residents. He asked that Council pass a motion to authorize the purchase of the fire number replacement signs.

Councilmember DeCourcy moved to authorize the Forester to order the fire number replacement signs as listed in his report, seconded by Councilmember Wahlstrom and carried. (4-0)

Councilmember DeCourcy advised that Angell Road was not plowed until 2:00 p.m. on the day of the last heavy snowfall; she commented that Triple A would not even come to her home when her son’s vehicle was stuck in her driveway. She asked the rationale for the contractor not plowing the road earlier in the day.

Engineer Sterna apologized for the long delay and explained that the contractor thought the snowfall would end sooner and therefore waited to plow. He advised that the contractor explained later that it was the wrong choice and that they would be more conscience in the future.

Acting Mayor Hovey asked if the contractor could be called to push the snow further back on the north end of Charlton Road; he noted it becomes very narrow at that location. He also asked if the snow bank on west side of Charlton Road at Highway 110 could be moved further back. Engineer Sterna agreed to ask the contractor to do so.

Anticipated Engineer/Public Works Activities’ for the Month of February: Snow Plow Monitoring: Engineer Sterna stated he would continue to monitor snow and ice removal on City streets and asked that he be contacted with any concerns.

Council thanked the Engineer for his report.

d.   PUBLIC SAFETY: Chief Shaver reviewed his report dated January 23, 2014 and explained that the false alarm calls are somewhat higher than last year at this time; he advised that the department will work with residents in an attempt to lower the amount of calls. He reported that Xcel Energy sent a crew through the City to place informational material on doorknobs of residences and that no complaints were received. He noted that the City cannot prohibit public entities from this activity.  He stated that the two animal calls involved an injured deer that the police were unable to locate and a call regarding stray dogs in the area of Windy Hill Court that were gone upon arrival.  He explained he followed up on two burning permit calls received. 

The Chief advised that the financial exploitation call related to a con artist who befriended a resident by telephone and then extorted $40,000 from this person. He pointed out that there are numerous scams of this nature occurring and that in some cases relatives are involved by taking money from vulnerable older adults. He stated that there are helpful tips to minimize this type of extortion.

Councilmember Wahlstrom requested that the Chief prepare information on this matter for posting on the City website and in the newsletter.  The Chief agreed to do so.          

Council thanked the Chief for his report.

c.   CITY FORESTER: Forester Nayes reported that he issued only one (1) burning permit in January, 2014 and that no permit was issued for 27 Sunnyside Lane. He advised he completed the survey relating to the Fire Number signage and found some missing, some damaged and some too faded to read. He recommended replacing these signs as listed in his report.
The Forester stated he attended the Metro Deer Management and Monitoring meeting in the City of Plymouth and that there were also representatives from several other metro cities in attendance. He advised that the underlying theme of the meeting was that deer management efforts are likely to be more effective if there is communication across jurisdictions throughout the metro area.  He stated that most deer management programs began in the 1970’s and they attempt to reduce or maintain deer populations at 15-20 deer per square mile of deer habitat. He pointed out that the habitat does not include residential landscapes; however, Sunfish Lake has quite a bit of deer habitat but it is mostly private property. He stated that deer trapping and contraceptives were mentioned; however they are neither legal nor effective.

Forester Nayes advised that it appears Sunfish Lake has done the best job possible and should continue the program which includes periodic herd counts, proper hunt precautions and screening of hunters. He noted that some cities restrict any hunters if they have any current wildlife or any current criminal violations.  He suggested that in the future the City request all the resident hunters to meet to insure that everyone knows each other.  

The Forester advised that a resident sent him a photograph of a possible cougar on his property. He explained that after review of the photo, he determined that it was in fact a photo of a deer that was taken from an odd angle.

Council thanked the Forester for his report.

e.   FIRE CHIEF: Chief Maczko advised that he drove through the City prior to attending the meeting and found the City and private roadways to be in excellent shape; he commended the snow plowing contractors who completed the work.  He distributed a summary of the 243 fire calls that occurred in 2013 in the cities provided service by the Mendota Heights Fire Department. He explained that 12 calls occurred in Sunfish Lake, 26 in Lilydale, 7 in Mendota, 11 mutual aid in Eagan and Inver Grove Heights and 187 in Mendota Heights.  He stated that all of the twelve calls in Sunfish Lake were at that same address.

The Chief stated that staffing in the fire department is at full strength after three retirements and the recent hiring of five new personnel.  He explained that the department focuses heavily on fire prevention. He explained that the new fire engine ordered last March was delivered in December, 2013 and he distributed photos of the vehicle. He advised that the refurbished truck has a 1978 chassis and a 55 ft. aerial ladder; he discussed the five-year replacement plan for purchasing major equipment. 

Chief Maczko explained that the department is currently conducting a space study of the fire station which was built in 1984. He advised that storage and interior space are being reviewed and pointed out that HealthEast Ambulance service also spends time at the station and utilizes the space; he noted that having the ambulance in the area quickens response time at no additional cost to the residents. He offered to respond to questions.

Council thanked the Fire Chief for his report.

8.   NEW/OTHER BUSINESS: a. Consider Appointment of Planning Chair for 2014: Acting Mayor Hovey explained that Mayor Park contacted Commissioner Andrea McCue who agreed to serve as the 2014 Chair of the Planning Commission. He asked that Council ratify the Mayor’s recommendation.

Councilmember DeCourcy moved to ratify the appointment of Andrea McCue as the Planning Commission Chair for 2014, seconded by Councilmember Wahlstrom and carried. (4-0)

b.   Appointment of Watershed Management Organization Representative: Acting Mayor Hovey stated that Mayor Park contacted the former representative and alternate and neither wished to continue serving in their capacities. He explained that Mayor Park recommended resident G. G. Williams be appointed to serve as the LMRWMO representative and that Mayor Park serve as the alternate.  He asked that Council ratify Mayor Park’s recommendation.

Councilmember Bulach moved to ratify the appointment of G. G. Williams as the 2014 LMRWMO representative and Mayor Park as the alternate, seconded by Councilmember Wahlstrom and carried. (4-0)

c.   Discuss Addendums to Employment Agreement and Independent Contractor Agreement Between the City  of Sunfish Lake and the City Clerk/Administrator, City Treasurer and City Forester:   Attorney Kuntz explained that Council had discussed a proposed three percent (3%) salary increase for the four positions of Clerk, Administrator,  Treasurer and Forester at their last meeting. He noted that after further discussion with the Clerk, it was determined that the percentage increase would not negatively impact her retirement. He advised that if Council concurs with the proposed increase, they should adopt the resolution approving the addendums to the four (4) contracts and the salary increase for 2014.

The Acing Mayor asked if the salary increase would be retroactive to January 1, 2014 and the Attorney responded yes.   

Councilmember DeCourcy moved to adopt Resolution No. 14-08 titled RESOLUTION APPROVING ADDENDUM NO. 7 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY AND CATHERINE IAGO FOR CITY CLERK SERVICES AND ADDENDUM NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY AND ANN LANOUE FOR CITY TREASURER SERVICES AND ADDENDUM NO. 5 TO INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY AND LIVING SCULPTURE TREE AND SHRUB CARE, INC. FOR CITY FORESTER SERVICES AND ADDENDUM NO. 5 TO INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY AND IAGO CONSULTING, LLC FOR

ADMINISTRATIVE SERVICES, seconded by Councilmember Bulach and carried. (4-0)

d.   Consider  Request from City Clerk for Registration and Lodging Fees to Attend the Minnesota Clerks and Finance Officers Association (MCFOA) Conference March 18-21, 2014: Clerk Iago reviewed her memorandum dated January 29, 2014 and explained the conference offers a variety of training for Minnesota Clerks and also provides continuing education credits for attendees. She stated this is an election year and any training received at the conference would count toward her mandated annual training hours for conducting the election. She advised that she contacted the City Treasurer and confirmed the funds are budgeted for the conference.  She explained she attempted to share a room to defer some of the costs, but had not found a roommate. 

Councilmember Bulach stated in his opinion the Clerk need not share a room and Council concurred.

Councilmember DeCourcy moved, to authorize payment for registration and lodging fees for the Clerk to attend the MCFOA Conference, March 18-21, 2014, as requested, seconded by Councilmember Bulach and carried.
(4-0)

e.  Schedule Public Hearing at the Regular Council Meeting on April 1, 2014 to Review the City’s Storm Water Pollution Prevention Program Plan (SWPPP) and the National Pollutant Discharge           Elimination System (NPDES): Engineer Sterna advised that this annual public hearing is mandated as part of the City’s annual permit in order to receive citizen input prior to submitting the permit to the MPCA.  He explained that Jessie Carlson from his office would again be conducting the meeting.

Councilmember Wahlstrom moved to schedule a Public Hearing at the Regular Council Meeting on April 1, 2014 to Review the City’s Storm Water Pollution Prevention Program Plan (SWPPP) and the National Pollutant Discharge Elimination System (NPDES), seconded by Councilmember DeCourcy and carried. (4-0)

f.    New/Other Business: Acting Mayor Hovey asked if there was any further business.

Councilmember Bulach asked the City Attorney to clarify Mr. Spaulding’s comments during the improvement hearing; he asked if he was suggesting lowering the assessment costs for residents.

Acting Mayor Hovey commented that in his opinion Mr. Spaulding was suggesting that property owners with multiple vacant lots that could be subdivided not be charged for the vacant lots and that those costs be absorbed by the City so that the open space remains as is.

Attorney Kuntz agreed and explained that the number of units slated for assessment is greater than the number of units that appear on the tax records. He pointed out that the Mager property is vacant acreage that could be subdivided and it appears that Mr. Spaulding was suggesting the assessment for these future parcels may encourage development of the property. He also noted that Mr. Bancroft owns additional vacant parcels and raised an objection to assessments on the vacant parcels. He advised that he and Mayor Park had discussions with these two property owners and it appears that the City reached a reasonable solution to assess a lesser amount of units than previously discussed.  He stated he would bring information on this matter to the public hearing in March.

Councilmember Bulach asked who would be responsible for the additional costs if the number of units is reduced. The City Attorney responded that the City would bear the additional costs, not the remaining property owners.  

Acting Mayor Hovey asked if there were any further business items for discussion and there was no response.

9.   ADJOURN: Councilmember Wahlstrom moved for adjournment at 8:45 p.m., seconded by Councilmember Bulach and carried.  (4-0)

___________________________                                          ___________________________

Mike Hovey, Acting Mayor                                                     Catherine Iago, City Clerk