SUNFISH LAKE CITY COUNCIL MEETING – FEBRUARY 5, 2019

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

Attendants:

Acting Mayor: Mike Hovey

Councilmembers: Steven Bulach 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.

Mayor Dan O’Leary and Councilmember JoAnne Wahlstrom were absent.

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

2. APPROVE AGENDA: Acting Mayor Hovey asked to add an item under 8.d NEW/OTHER BUSINESS, regarding an email from Councilmember Hansen with her response to Mayor O’Leary’s email titled “Final Action by the City Council” on the stop sign change at Windy Hill and Salem Church Roads. He asked if there were any further additions or corrections to the agenda and there was no response.

Councilmember Bulach moved to adopt the agenda as amended, seconded by Councilmember Hansen and carried. (3-0)

3. CONSENT AGENDA: Acting Mayor Hovey asked if there were any questions or comments relating to any items on the Consent Agenda and there was no response.

Chief Shaver asked to expand on his report dated January 29, 2019. He explained that his staff had been monitoring the stop sign situation at the intersection of Windy Hill Road and Salem Church Road and found that most of the vehicles that “rolled’ through the stop sign at that location only did so when there was no traffic and that most of the vehicles belonged to residents in the area.

Councilmember Bulach asked Chief Shaver for further information on the residential break-in that occurred in the City during daylight hours.

Chief Shaver explained that a 31-year old male had crashed his vehicle on I-494 and had entered a home on Grieve Glen Lane to commit burglary. He noted that when the homeowner found him in the act of burglary, the suspect fled on foot and tried to gain access to another home by asking to use their phone. He stated that the suspect was arrested and that the Police K-9 Officer was instrumental in locating all of the items that were taken from the first home in a heavily wooded area one-half mile from the scene. He commended resident Virginia Coss for donating funds for the K-9 Officer program and advised that it is his opinion the suspect was captured due to the alertness of the residents involved in the incident.

Councilmember Bulach advised that he knows the residents and there were three children in the basement of the home while the suspect was committing the crime.

Councilmember Hansen moved approval of the Consent Agenda as presented, seconded by Councilmember Bulach and carried. (3-0)

a. Regular Council Meeting Minutes of January 8, 2019

b. List of Bills

c. Monthly Financials

d. Receive Building Inspector Report

e. Receive Forester Report

f. Receive Public Safety Report.

4. COMMENTS FROM THE PUBLIC: The Acting Mayor asked if there were any comments from the public and there was no response.
5. PUBLIC HEARING/PRESENTATIONS: None.

6. PLANNING COMMISSION/PLANNER’S REPORT: a. Planner’s Report: Planner Grittman referred to his report dated January 30, 2019 and advised that the January Planning Commission meeting was cancelled due to lack of agenda items. He stated that a public hearing will be conducted at the February Planning meeting to revive and receive comments on the Comprehensive Plan update and that a recommendation would be presented to Council at their March meeting.

The Planner advised that staff met with the property owner, builder and architects seeking permission to add a home addition on an existing home. He noted that all staff members also met with the builder, architect and property owner onsite at that location to discuss the site plan, review site drainage and tree removal/replacement plans. He stated that this item would be placed on the March Planning Commission meeting agenda and a recommendation forwarded to Council at their April meeting.

Planner Grittman stated this was the first preconstruction onsite visit with all staff members present, per Council direction, and that it went well. He noted that this practice will continue with all future applications.

Council thanked the Planner for his report.

7. CITY ENGINEER REPORT: 1. Engineering Activities Undertaken in January: A. Open House for Charlton Road Project: Engineer Sandberg stated that staff mailed a notice for the open house to be held on Wednesday, February 13 at 7:00 p.m. at the Heartland Credit Union Community Room to affected properties for the Charlton Road Improvement Project.

B. Charlton Road Project Advertisement for Bid: The Engineer stated that the advertisement for bids was published twice in the City’s official newspaper and that the bids would be opened on February 26, 2019. He explained that the bid award would be placed on the March Council agenda for action.

C. Wetland Conservation Act 2018 Annual report: Engineer Sandberg explained that the City is required to submit the Wetland Conservation Act 2018 Annual report by February 1^st each year and that a member of the WSB staff compiled and submitted the report to the Board of water and Soil Resources. The report summarizes the wetland review work completed in the City each year.

2. Building and Site review in the Month of January: The Engineer explained that he and other staff members met for a pre-application meeting for construction of a new home at 357 Salem Church Road. He advised that a formal application would be forthcoming.

3. Public Works Activities Undertaken in the Month of January: None.

4. Anticipated Engineering and Public Works Activities for February: A. Bid Opening: The Engineer will open the bids for the Charlton Road Project on February 26, 2019.

B. Snow Plowing/Roadway Maintenance: Engineer Sandberg advised that the City contractor will evaluate roadway conditions and the need for salting and sanding throughout the month, especially after precipitation and/or cold weather, and perform snow clearing, sanding and salting as required. He noted that the email address system for the contractor appears to be working well and that, in his opinion the contractor is doing a good job of plowing the roads.

C. MCES 2019 CAMP Program: The Engineer explained that he received the yearly notice from the MPCA regarding the City’s participation in the 2019 Citizen Assisted Monitoring Program (CAMP) to monitor water quality on the lakes. He advised that last year the Council approved monitoring of three (3) lakes, one time per month each (previously the lakes were monitored twice a month, which resulted in a higher fee). He stated that he confirmed the three past volunteers who collected the water samples have agreed to do so this year and that he would request action from Council at the March meeting to approve the City’s participation in the 2019 CAMP Program.

Engineer Sandberg explained that he attached a copy of the Met Council’s report of the 2017 water quality results for Sunfish Lake and noted that Sunfish Lake went from a “C” rating to an “A” rating in one year. He explained that this could be attributed to the alum treatment that was applied to the lake in 2016 though funding from the Lake Association and the Watershed District. He also included the lake summary sheets from the City’s Comprehensive Stormwater Management Plan, which includes data from Sunfish Lake, Hornbeam Lake and Horseshoe Lake. He suggested this information could be added to the City’s website so that residents may view the documents.

Council concurred that it would be appropriate to add the information to the website and Councilmember Hovey agreed to do so.

Engineer Sandberg advised that the Met Council report also recognized volunteers throughout the state that have participated in the CAMP Program for several years. The report recognized Sunfish Lake volunteers Scott Spaeth for 4 years of service on Hornbeam Lake; James Stowell for 8 years of service on Sunfish Lake, and Jim Nayes for 11 years of service on Horseshoe Lake.

Council extended thanks to all the volunteers for their dedicated service.

D. Street Sweeping Quotes: Engineer Sterna explained that he would be requesting quotes for the annual spring street sweeping and would bring the results to the March meeting for Council consideration and action.

Acting Mayor Hovey asked the Engineer how many bids had been received for the Charlton Road project to date.

Engineer Sandberg explained that all the bids are usually submitted on February 26 so he would not have the number until that date.

Council thanked the Engineer for his report.

8. NEW/OTHER BUSINESS: a. Consider Formal Proposal from Comcast. Inc. to Approve Cable Franchise Agreement and Draft Resolution Denying the Formal Proposal from Comcast, Inc. for the Cable Franchise Agreement: Acting Mayor Hovey introduced Jodie Miller, Executive Director of NDC4, who was present to review the formal proposal from Comcast, Inc. for the Cable Franchise Agreement.

Jodie Miller referred to the memorandum sent to the NDC4 Member Cities dated January 8, 2019 and provided a brief background of her duties and the services that are provided by the Northern Dakota County Cable Commission and Town Square TV. She reminded Council and members of the audience that any questions or problems with cable service should be referred to the staff at NDC4 to handle as they have an escalated complaint team to address any resident concerns. She noted that she had been working with NDC4 for the past 30 years and thanked Sunfish Lake for being part of the member cities.

Ms. Miller introduced Brian Grogan, legal counsel for NDC4, who was present to discuss the formal proposal. She also acknowledged Councilmember Wahlstrom and resident Mike Kampmeyer who are the Sunfish Lake representatives on the Cable Commission and she also extended thanks to resident James Sullivan who served on the Commission for 20 years prior to Mr. Kampmeyer and who had a perfect attendance record.

Ms. Miller showed the lengthy needs assessment document complied by NDC4 to be presented as an “RFP” to Comcast, Inc., then she also showed the smaller document submitted by Comcast in response to the needs assessment that include the proposed formal Cable Franchise agreement. She noted the difference in the size of the two documents and explained that the Cable Commission and Comcast, Inc. were unable to reach a satisfactory conclusion to the negotiations.

Ms. Miller stated that NDC4 would request that Council consider adopting the proposed resolution stating the formal Cable Franchise proposal from Comcast, Inc. does not meet the needs of NDC4 member cities and recommends denial of the proposal so that the group may then take the next steps necessary to resolve this matter.

Brian Grogan explained that the current franchise agreement is 19 years old and was supposed to be renegotiated when it was 15 years old. He stated that NDC4 has been negotiating with Comcast, Inc. for several years in an attempt to reach an agreement and the cities granted several extensions of the existing contract since 2015. He noted that despite numerous informal negotiation meetings, the Commission staff and negotiating committee and Comcast representatives had been unable to reach agreement on several significant renewal issues. Therefore, he advised that at the Full Commission meeting held on February 7, 2018, Commission staff was directed to begin preparation of formal renewal documents required under the Cable Act. He noted that on August 15, 2018, Comcast submitted to the Commission its Formal Proposal, which was then placed on file for public inspection and to receive written public comments.

Mr. Grogan explained that the Commission staff have carefully reviewed Comcast’s Formal Proposal and determined a number of areas where the proposal fails to meet the future cable-related community needs and interests set forth in the Needs Assessment report. He advised that the resolution prepared for consideration this evening outlined the specific reasons for denial and noted that five (5) of the seven member cities had already approved the resolution. He explained that Sunfish Lake would be the sixth city to consider the document, with Mendota Heights being the seventh and final city to consider the resolution. He commented that only one councilmember in one of the member cities voted against the resolution.

Mr. Grogan offered to respond to questions.

Councilmember Hansen asked what happens if no conclusion is reached.

Mr. Grogan explained that the other cable provider, Century Link, offers cable service, but does not meet the needs of all homeowners. He pointed out that the Commission has no desire to terminate the franchise and the goal is to reach an agreement with Comcast, Inc. He noted that State Statutes require the parties to reach a solution. He noted that the object is not to deny residents the right to purchase Comcast services but to insure the contract meets the needs outlined in the report.

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

Acting Mayor Hovey explained that the City Clerk received and distributed an email from Amy Roberts, Government Affairs representative from Comcast, Inc., dated February 5, 2019 that included a statement from the company for the record. He asked that Council make a motion to acknowledge receipt of the statement from Comcast, Inc.

Councilmember Hansen moved to acknowledge receipt of an email from Amy Roberts, Government Affairs representative from Comcast, Inc., dated February 5, 2019 which included a statement on behalf of Comcast regarding their formal proposal, seconded by Councilmember Bulach and carried. (3-0)

City Attorney Kuntz suggested that the City Clerk also include acknowledgement in the record of receipt of the memorandum from NDC4 Legal Counsel Brian Grogan and attached presentation, both dated January 8, 2019, which outline the Cable Franchise process with Comcast and NDC4 and include the proposed resolution denying the Formal Proposal.

Clerk Iago stated she would include both documents as recommended by the City Attorney as part of the formal record and acknowledge both in the minutes.

Acting Mayor Hovey asked if there were any further comments or questions and there was no response. He asked Council to consider action on the proposed resolution.

Councilmember Hansen moved to adopt Resolution No. 19-06 titled, PRELIMINARY ASSESSMENT THAT THE COMCAST FORMAL PROPOSAL FOR FRANCHISE RENEWAL BE DENIED, seconded by Councilmember Bulach and carried (3-0)

Council thanked Jodie Miller and Brian Grogan for their presentations.

b. Consider Request from City Clerk for Funds to Attend the Minnesota Clerks and Finance Officers Association (MCFOA) Conference March 19-22, 2019: Clerk Iago referred to her memorandum dated January 28, 2019 requesting reimbursement for the registration fee and lodging for the 2019 Minnesota Clerks and Finance Officers Association (MCFOA) Annual Conference. She explained the conference would be held in St. Cloud, Minnesota, March 19-22, 2019 and that the fee and lodging should not exceed $650.00. She stated that the City Treasurer confirmed that funds were budgeted for attendance at the conference.

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

Councilmember Bulach moved to authorize the payment of the registration fee and lodging costs for Clerk Iago to attend the MCFOA conference at a cost not to exceed $650, seconded by Councilmember Hansen and carried. (3-0)

c. Schedule Public Hearing on Tuesday, April 2, 2019 at 7:00 p.m. at St. Anne’s Episcopal Church to Review the City of Sunfish Lake’s Storm Water Pollution Prevention Program (SWPPP) and the National Pollutant Discharge Elimination System (NPDES): Clerk Iago explained that the City Engineer annually schedules the SWPPP and NPDES public hearing at the April Council meeting. She stated she had not yet confirmed the date with Engineer Sandberg and asked if he would have staff available for that date and time.

Engineer Sandberg agreed that he would have staff available to conduct the public hearing to review the City’s Storm Water Pollution Prevention Program (SWPPP) and the National Pollutant Discharge Elimination System (NPDES

Councilmember Hansen moved to schedule a Public Hearing on Tuesday, April 2, 2019 at 7:00 p.m. at St. Anne’s Episcopal Church to Review the City of Sunfish Lake’s Storm Water Pollution Prevention Program (SWPPP) and the National Pollutant Discharge Elimination System (NPDES), seconded by Councilmember Bulach and carried. (3-0)

d. Other: Response from Councilmember Hansen to Mayor O’Leary’s email titled “Final Action by the City Council” relating to changing the stop sign at Windy Hill and Salem Church Roads. Acting Mayor Hovey requested that the email from Councilmember Shari Hansen, that was sent to Mayor O’Leary in response to his email to residents on Windy Hill Road and Court, which outlined Council action that took place at the January 8, 2019 meeting, be placed on record as received by Council.

Clerk Iago responded that the email from Councilmember Hansen and from Mayor O’Leary would be recorded as received in the minutes.

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

9. ADJOURN: Acting Mayor Hovey moved to adjourn the meeting at 7:30 p.m.

____________________________ ________________________________

Catherine Iago, City Clerk Mike Hovey, Acting Mayor