SUNFISH LAKE CITY COUNCIL MEETING – JANUARY 8, 2013

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

Attendants:

Mayor:  Molly Park

Councilmembers: Mike Hovey, JoAnne Wahlstrom, Cathy DeCourcy and Steven Bulach

City Attorney:  Tim Kuntz

City Building Official: David Neameyer

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

City Treasurer:  Mike Blair

City Clerk:  Cathy Iago
Police Chief Manila Shaver

and Members of the General Public     

1.   CALL TO ORDER- ADMINISTER OATHS OF OFFICE TO NEWLY-ELECTED OFFICIALS: Mayor Park opened the meeting at 7:00 p.m. City Clerk Iago administered the Oaths of Office to newly-elected officials Mayor Park and Councilmembers Wahlstrom, DeCourcy and Bulach. The Mayor welcomed the newly-elected official to Council.  She stated she is thrilled to be back working with Council and staff and that she wishes to conduct the meetings with civil discourse, to agree or disagree respectfully and to make decisions to best serve the citizens of Sunfish Lake.  Council concurred.

The Mayor asked that there be a moment of silence for all present to honor the passing of resident John Driscoll and commended him for his devotion to the City of Sunfish Lake.            

2.   APPROVE AGENDA:   Mayor Park asked if there were any additions or corrections to the agenda. The Clerk advised that the Building Inspector had requested his report be moved earlier on the agenda as he has to attend another meeting this evening.   Council concurred to hear the Building Inspector’s report after “Comments from the Public”.  The Mayor stated that Councilmember DeCourcy wished to discuss contracting with Living Sculpture Tree service with Council.  Council concurred to add this item for discussion under Item 8.f. “Other/New Business”.

The Mayor asked if there were any further additions and there was no response.

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

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

Councilmember DeCourcy moved approval of the Consent Agenda as submitted, seconded by Councilmember Bulach and carried. (5-0)

a. Regular Council and Special Council meeting minutes of December 4, 2012.

b. List of Bills

c. Monthly Financials

4.   COMMENTS FROM THE PUBLIC: Mayor Park asked if there were any comments from the public.

Dr. Charles Chesney, 5 Acorn Drive, stated he has been a resident of the City for 31 years; he wished everyone a Happy New Year. He advised that he wished to inform Council of activity on a vacant lot next to his property and also on City Property. He stated that this parcel had not been issued a building permit for construction and that over the last four months there has been bobcat equipment coming to the site via City property. He advised that the equipment had destroyed the lawn areas, created a “logging road”, and had removed brush, as well as live and dead trees. He noted that the property has begun to look “clear-cut”, which is not permitted within the City.
Dr. Chesney stated that the people working on the property had chain saws and a log splitter and noted that they were taking the wood in pickup trucks and hauling it away. He explained that he asked who gave them permission and was told that Harvey Vogel had given permission. He stated that he is unsure if Mr. Vogel is still alive or would have granted permission for this operation.  He further explained that he contacted the police department and that they responded to the property, but he was not aware of their findings.  He advised that he received a flyer in the mail from “Kevin’s” Farm Stand, located on South Robert Street, advertising that they are killing buckthorn.  He noted that this operation has been going on for four months and that the canopy is gone from the City property which will enhance the growth of buckthorn. 

Dr. Chesney stated that the police were at the site yesterday when people were working on the lot and that after the police arrived and talked to the workers, everyone left.  He noted that today, Kevin was back with a chain saw cutting down live trees.  He asked if Council would look into this matter to determine if the operation is legal and that he would appreciate feedback after the investigation.

Mayor asked the City Attorney to clarify what the procedures are for receiving and acting on citizen comments.

Attorney Kuntz indicated that Council should direct the Planner and City Forester to investigate the activity to determine if it is in violation of any ordinances; he noted that it would not be possible to discuss this matter this evening without further information. He explained that since Council is unsure what type of trees or vegetation is being removed, they cannot determine at this time if a violation has occurred.

Councilmember DeCourcy asked if the City may request the operation be ceased until it is determined if it is unlawful.

Attorney Kuntz explained that since the City is unsure if the activity is unlawful, they cannot request they stop, but the City may ask them to refrain from further cutting until it is determined if they are in violation of any ordinances. He further explained that if the investigation finds they are in violation of the ordinances, staff would instruct them to cease the operation.

Mayor asked the Planner and Forester how soon they could investigate this matter. The Planner and Forester agreed to look into the matter this week and report back to Council.

The Mayor stated she wished to have the police report on their findings at the site. She asked if formal action is required.

The City Attorney explained that the minutes would reflect that Council directed staff to coordinate and investigate the activities reported by Dr. Chesney on Acorn Drive and report back to Council.

Council concurred to direct staff to conduct the investigation.

Mayor Park thanked Dr. Chesney for this information.

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

7.a.                              Building Inspector: Inspector Neameyer reported that there was a small amount of permit activity in December and that eight (8) permits were closed.

Council thanked the Inspector for his report.

5.   2013 STANDARD BUSINESS PROCEDURES:

a.   Appointment of Acting Mayor:  Attorney Kuntz explained that State Statutes require that at the first meeting each year, Council must appoint a member to serve as acting-mayor in the absence of the Mayor.

Mayor Park recommended the appointment of Councilmember Hovey as the senior Councilmember to serve as Acting Mayor in her absence in 2013.
CouncilmemberWahlstrom moved to approve the appointment of Councilmember Hovey to serve as Acting Mayor in the absence of the Mayor in 2013, seconded by Councilmember Bulach and carried. (5-0)

b.                          Appointment of Planning Commissioners and Chair: Mayor Park recommended the reappointment of Planning Commissioners Tom Hendrickson and Andrea McCue to serve three-year terms and the reappointment of Arnulf Svendsen as Chair of the Planning Commission for 2013.

Councilmember Hovey moved to approve the reappointment of Tom Hendrickson and Andrea McCue to serve  
three-year terms as Planning Commissioners commencing in January, 2013 and Arnulf Svendsen to serve as Chair of the Commission for 2013, seconded by Councilmember DeCourcy and carried. (5-0)

c.   Memo and Resolution Designating Official Newspaper: Mayor Park referred to the memorandum from the City Attorney stating that Council must designate an official newspaper annually for publication of legal notices and public hearings. She also referred to the memorandum from Clerk Iago and the letter from the Lille Suburban Newspapers requesting the SouthWest Review be designated as the official newspaper for 2013.

Clerk Iago explained that Lillie Suburban Newspapers had submitted their request for the SouthWest Review to be designated as the City of Sunfish Lake Official publication for the year 2013. She stated that she had not received any other letters. She explained that the rate for publication had increased by $.30 per line both for the first line publication and $.30 per line for each additional publication. She recommended appointment of the SouthWest Review as the official newspaper for 2013.

Councilmember DeCourcy asked if the Sun Current Newspaper was still in operation. The Clerk responded that they are still in operation, but they ceased distribution in this area in 2007. She advised that the only other paper that would serve the City is the Pioneer Press and that their fees would most likely be higher than the SouthWest Review.

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

Councilmember Wahlstrom moved to adopt Resolution No. 13-01 titled, RESOLUTION DESIGNATING THE SOUTH-WEST REVIEW NEWSPAPER AS THE OFFICIAL NEWSPAPER FOR THE CITY OF SUNFISH LAKE for 2013, seconded by Councilmember Bulach and carried. (5-0)

d.   Memo and Resolution Designating Official Depositories for City Monies: Mayor Park referred to the memorandum from the City Attorney advising that each year the City designates official depositories for City funds.

Treasurer Blair explained that he has been satisfied with the performance of Wells Fargo and Wells Fargo Advisors and that they are FDIC insured; he noted that the City has had a good relationship with the bank.  

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

Councilmember Bulach moved to adopt Resolution No. 13-02 titled, RESOLUTION DESIGNATING FUND DEPOSITORIES FOR THE CITY OF SUNFISH LAKE, seconded by Councilmember DeCourcy and carried. (5-0)

e.  Memo Regarding Appointment of Representatives to Cable Commission: Mayor Park stated that James Sullivan has served the City well as the citizen representative to the Cable Commission and recommended that he serve as the City representative. She advised that Councilmember Wahlstrom had agreed to serve as the Council representative to the Cable Commission.

The Mayor recommended James Sullivan be reappointed and Councilmember Wahlstrom be appointed to serve the two-year term commencing January, 2013 through January 2015.

Councilmember Hovey moved to confirm the appointment of Councilmember Wahlstrom and James Sullivan as the Council and citizen representatives to the Northern Dakota County Cable Communications Commission (NDC4) for two-year terms commencing January 2013 through January 2015, seconded by Councilmember Bulach and carried.  (5-0)

f.   Appointment of Weed Control Manager: Mayor Park recommended the appointment of City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager for 2013.

Councilmember Hovey moved to approve the appointment of City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager for 2013, seconded by Councilmember Bulach and carried. (5-0)

g.   Appointment of Watershed Management Organization Representative: Mayor Park explained that former Councilmember Judy MacManus and resident Andrea McCue had served as the representatives for the past year. She noted that resident Jim Sullivan and former Mayor Williams had also been very active with the committee. 

The Mayor recommended that Judy MacManus be appointed to serve as the LMWMO representative and that Andrea McCue be appointed as the alternate.

Councilmember DeCourcy moved to appoint Judy MacManus to serve as the representative to the Lower Mississippi Watershed Management Organization (LMWMO) and Andrea McCue to serve as the alternate, seconded by Councilmember Bulach and carried. (5-0)

6.         PLANNING COMMISSION/PLANNER’S REPORT:

a.   Planning Report:  Planner Barness stated the Planning Commission met on December 19, 2012 to discuss several topics pertaining to the Sunfish Lake Zoning Ordinance. She explained that the issues addressed by the Commission were raised from recent reviews of planning and development applications, as well as from current inquiries planning staff had received. 

The Planner explained that there have been recent inquiries relating to shoreline lots that do not meet the current setback requirements regarding expansion of the existing structures or tear-down and building new structures closer than the current setback requirements. She reviewed the discussion items as follows: 

345 Salem Church Road: The Planning Commission was advised this property was recently purchased by a new owner who may be interested in expanding the existing home of the property; they indicated they would like to expand the house to connect with a detached garage and may consider expanding the 2-car garage to a 3-car garage. They raised the questions as to whether it would be possible to replace the existing flat roof with a hipped roof, which would add approximately 9 ft. to the height of the structure. She stated they did not intend to add a second story to the home as was discussed with the previous application from the Baillons.  She noted that although the proposed application would be a minimal expansion of the existing structure, it would still require a variance; she stated no formal application has been submitted at this time.

2250 Delaware Avenue:  Planner Barness stated that the new owner at this location wishes to remove the existing legally non-conforming home on the site, which currently does not meet the shoreline setback requirements, and building a new home in approximately the same location. She explained the new structure would be expanded in size heading west, away from the lake. She stated that the current setback for the home is 130 ft. from the lake and that during the discussions staff discovered an ordinance provision that allows a shoreline setback average based on the setbacks of adjoining properties. In this case, the average shoreline setback of adjoining neighbors would reduce the required setback from the current setback of the existing home on the property.  She noted that if a new home is built in the same location, it would meet the average shoreline setback and a variance may not be necessary. She advised that owners would have to submit an application for a site and building plan review for the proposed home construction. She indicated that a proposal is expected sometime early this year.

Mayor Park asked if the 2250 Delaware home is the former Roe family home and if the 345 Salem Church Road property is the former Harrison home and the Planner responded yes.
Councilmember Hovey asked if the regulation allowing a shoreline setback average applies to all properties within the City and if the adjacent homes are the ones on either side of the existing structure. The Planner responded yes to both questions and noted that the average setback provision only applies if the average is less than the existing setback.

Attorney Kuntz asked if there was discussion at the Planning Commission meeting regarding researching a possible ordinance amendment to address expansion of lakeshore properties by conditional use permit (CUP) regulations rather than by a variance.

The Planner responded no. The Mayor asked the Attorney to further comment on the question.

Attorney Kuntz explained that some communities have instituted CUP regulations and created a tiered approach to deal with non-conforming properties; he noted that this may provide an alternative to attempting to identify a “reasonable use of the property” to justify a variance. He explained an example of the tiered approach would be dependent upon the proposed amount of square footage for an expansion and that the numbers would be tied to the type of application required.

Councilmember DeCourcy asked if staff attempts to discourage variance applications when inquiries are received. 

Planner Barness explained that staff does not discourage such inquiries; however, applicants are advised that Sunfish Lake has stringent regulations relating to variance requests; she stated these calls are usually referred to Planner Brixius.

Councilmember DeCourcy commented that in her opinion variances should not be granted; she explained that in the case of the 345 Salem Church Road property, she was told that when the home was built, the neighbors were promised it     
would be small and unobtrusive. The Planner noted that several of the neighbors provided input on the property, but she pointed out that the lot had unique conditions and the previous application met all other standards.

Mayor Park pointed out that the previous Council had provided information relating to variances and that this subject has had a lot of discussion. She stated that in her opinion the City in general wishes to be very judicious about granting such requests.

Councilmember Hovey pointed out that his concern relates to the fact that if the application meets requirements it would be difficult for the City to deny the requests simply based on neighbors input.

The Planner stated that the City should address each application on a case-by-case basis.

Councilmember Wahlstrom commented that once the door is opened for granting variances it is difficult to close.

Accessory Buildings:  The Planner explained that staff requested input from the Commission regarding how to instruct future applicants on the standards relating to accessory buildings. She stated that staff questioned how many accessory buildings should be allowed on a site, if an attached garage is considered an accessory building, and if a site already has an attached garage, are the property owners entitled to a detached accessory building without submitting a CUP application. She advised that the current zoning ordinances states; “No permit shall be issued for the construction of more than one accessory building and/or structure, except by conditional use permit…”  She further advised that currently one accessory structure of up to 1,000 sq. ft. is allowed and that a CUP is needed if the structure exceeds that square footage.

Planner Barness explained that the current zoning ordinance allows applicants to apply for a CUP to allow multiple accessory buildings and /or accessory buildings over 1,000 sq. ft. in area, but provides no numerical cap on either the number or the cumulative floor area of an accessory building with a CUP.  

The Planner stated that after discussion, the Planning Commission concluded that they find the existing accessory building ordinance has enough “checks and balances”, offers adequate protections, and provides for the appropriate review process. She further advised that the Commission determined an attached garage is part of the principal building and therefore is not considered an accessory building. The Commission further determined that each lot could have one accessory building less than 1,000 sq. ft., in addition to an attached garage, without a conditional use permit (CUP). She stated that no change to the ordinance was recommended and staff would advise applicants of these findings.

Solid Wall Fences:  Planner Barness explained that the Commission discussed the current zoning ordinance as it pertains to solid wall fences. She noted that solid fences are prohibited except under unique circumstances where practical difficulties can be shown to justify approval of a variance….” She pointed out that this issue arose in conjunction with a development application for the property at 2400 Delaware Avenue and that staff found it would be very difficult to demonstrate that a variance from architectural standards meets the hardship and practical difficulty criteria required for approval of a variance.  

The Planner advised that the Commission considered either prohibiting solid wall fences without the opportunity to apply for a variance or to allow solid wall fences with specific conditions. After discussion, the Commission suggested that staff draft possible language and conditions for solid wall fences so that they may further discuss the matter at a future meeting for consideration prior to any change.

Pending Applications:  2154 Charlton Road:  Planner Barness explained that the property owner wishes to expand the garage to the west but because the applicant does not have fee ownership of the easement, this area cannot be used to calculate the required setback area. She stated that the easement was a result of a property line issue which arose when the plat was created. She advised that the adjacent property owner was not amenable to adjusting the lot line and that the applicant was interested in pursuing a variance from the setback requirement as an alternative to correcting the property line issue. After discussion, the Commission suggested that the applicant must resolve the matter, as the variance would not be granted because the easement and property line issue is a man-made condition on the property.

The Mayor asked if the neighbor would be willing to discuss the property line adjustment. The Planner stated that originally the neighbor was not amenable to adjusting the line, but since the Commission indicated a variance would not be granted, the neighbor may be willing to discuss the matter.  

The Planner stated that no applications were received in December and therefore nothing was submitted for Council review at their December meeting. She advised that no applications were received nor any public hearings scheduled for the January Planning meeting and, therefore, the meeting was cancelled.

Councilmember Hovey asked if staff had any history on why the City prohibits solid wall fences. The Planner stated she is unsure, but that she would research the questions with the other staff in her firm.

Councilmember DeCourcy asked if the solid wall fence was proposed around a swimming pool and if there is a state law that requires fencing around a swimming pool.  The Planner stated the fence was proposed around a swimming pool, but she is unsure if fencing a pool is a state law.

Attorney Kuntz stated he would research whether or not state law requires fencing around swimming pools and report back to Council. He stated he recalled that when the ordinance relating to prohibiting solid wall fences was discussed, part of the rationale was that the fences created a barricade and an atmosphere of a fortress.

Council thanked the Planner for her report.

7.   INSPECTOR’S REPORTS:  City Engineer: Inver Grove Heights Storm Sewer Improvement Cost Participation Request: The Engineer stated he received a phone call from the Inver Grove Heights City Engineer regarding repair of an outlet for a regional pond located in their city that receives water from several surrounding communities, including Sunfish Lake, and also from MnDOT.  He explained the repairs are estimated to cost $312,000 to repair and that Inver Grove Heights is currently looking a options to finance the project; He noted that the City of Sunfish Lake accounts for under 10 percent of the total drainage area that contributes to this pond, however, most likely the City contributes less volume due to the rural nature of Sunfish Lake. He stated the cost implications to Sunfish Lake if they look at only the contributing drainage area would be approximately $29,000 to $30,000; however, based on the amount of ponds and lower density population, he estimated the contribution may be less than this estimate. He stated that MnDOT has agreed to participate for an estimated $63,000. He advised he would continue to keep Council updated.
Councilmember DeCourcy asked where the pond is located. The Engineer stated it is near Gerten’s, west of 7^th Avenue, and it is identified as “Trailer Park” pond. He stated the project may not be built this year, but that Inver Grove Heights wishes to repair the pond as soon as possible.

Harmon Park Address Change: Engineer Sterna advised that the address change request for Harmon Park was submitted to Dakota County GIS Department to formally change the address for the park to 2450 Angell Road. A copy of the request was also sent to the Police and Fire Chief.  He noted that the City has not yet received any response from Google regarding the address change request, but he advised that by working through Dakota County he hoped that the new address would be adopted by Google.

Public Works Activates Undertaken in the Month of December: Snow Plowing Activity: The Engineer stated that the current expenditures for snow plowing through December 25, 1012 have been $2,954; the budget for snow plowing is $35,000. He advised that he received three (3) calls; two were about slippery road conditions and the third was a request to remove ice and snow during the warm weather after the first major snow fall in December. He advised the contractor has been monitoring the roadway conditions and calls when there is a road that needs attention before proceeding with additional sanding or plowing. He asked that Council let him know if they received any calls from residents regarding snow or ice removal concerns so that he is able to notify the contractor and provide clear direction on what to do.

Mayor Park asked if the protocol for calling the engineer first to report emergency situations remains the same and the Engineer responded yes; he asked that calls or complaints be forwarded to him and he would call the contractor. 

Councilmember DeCourcy suggested that the protocol be outlined in the City newsletter; Councilmember Hovey agreed and stated he would also put the information on the City website.  

Anticipated Engineer/Public Works Activities’ for the Month of January: 2013 CIP Project Preparation: The Engineer stated that in 2012 the City adopted a Capital Improvement Plan (CIP) which provides a map for maintaining the City’s infrastructure. He noted that the CIP identified two projects for 2013 which were included in the City’s 2013 budget. The project involved seal-coating Grieve Glen Lane, Acorn Drive, Zehnder Road, Roanoke Road and the eastern section of Salem Church Road from Roanoke Road to TH 3. He explained the budget identified $35,000 in cost for this work, along with $5,000 in street sign upgrades. He advised that in January he would prepare an engineer’s cost proposal and schedule for each project for Council to review and approve prior to preparing the documents necessary for the procurement of the work.

The Engineer also noted that there are several roadways that were identified for work in the CIP; these include Windy Hill Road and Windy Hill Court, Upper 55^th Street and Angell Road from Sunnyside Lane to the north. He reviewed the schedule for preparing the feasibility report, conducting public hearings and preparing an assessment roll.  He explained that he wished to begin the process early in the year so that the project could be completed during the summer months and the assessment would be on next year’s tax roll. He also noted that the long-term project on the west end of Salem Church Road was also identified in the CIP.  He stated he would forward a copy of the current Capital Improvement Plan (CIP) to Council and that it would be appropriate to discuss the document at a work session meeting in April so that projects could be identified early in the year. He noted that the document is normally adopted in September each year.

Councilmember Hovey stated that he had received complaints regarding the plowing on Charlton Road; he noted that two cars were unable to pass each other and indicated that the contractor should be told to plow wider along the road. He stated this is especially evident when the Church conducts an event and further explained that there are also problems with cars passing on the road during the summer months when the lawn care contractors park on the road with large equipment.

Engineer Sterna stated he would advise the snow plow contractor to push out the snow to widen the road when the weather turns warmer; he advised that he is unsure what can be done to prevent the parking situation during the summer months.   

Councilmember Hovey stated that Council would have to discuss the summer parking issue.

Attorney Kuntz asked if the Engineer was requesting any action on the proposed seal coating project this evening.  The Engineer responded that he would bring a report to Council for their action at the February meeting and that he was merely providing information to Council at this time.

Mayor Park asked when the actual seal coating and sign replacement work would be done. The Engineer explained that he estimates the work being done in May or June for the signs and that he would attempt to schedule the seal coating project in conjunction with other cities to receive a better bid on the project; he advised that normally this work is done during the summer months.

There was discussion regarding scheduling a work session meeting to discuss the CIP and projects identified for this year. After discussion, Council and the Engineer determined that a special meeting could be scheduled in April for this purpose.           

Council thanked the Engineer for his report.

b. CITY FORESTER: Forester Nayes reported that four (4) burning permits were issued in December and the Tree City application was sent to the Arbor Day Foundation.   He explained that a group of red oaks that died due to oak wilt were removed from the west side of Musser Park and the brush was burned on site. He stated the remaining log pieces will be removed near the end of winter when conditions are less icy. He noted there are several dead oaks that were left standing since the bark was sloughing off; when the bark falls off it means that the tree is no longer a source of inoculums to spread oak wilt, therefore, these trees are considered “wildlife trees”. He explained that none of the trees are near the walking trail in Musser Park. He stated there are several nearby oaks that will be monitored during summer 2013 for possible oak wilt infections.

The Forester stated that two large cottonwood trees adjacent to Angell Road were taken down since the tops of the trees were dead. He noted that he would follow up with an individual who wanted the logs to see that they are removed.

Forester Nayes stated that he has been researching and preparing information regarding emerald ash borer and wildfire considerations within the City. He advised that the City newsletter, the Treeways articles on the City website, and the program for Arbor Day will provide the means to deliver this information to residents.   

The Forester suggested that he present the resident Deer Management Hunt report at this time and advised that four (4) residents qualified to hunt this year, but only two (2) residents participated. He stated that three (3) deer were taken by residents; two antlerless deer and one with antlers. He commented that the citizen committee recommends that the 2013 Deer Management Plan be approved with the same parameters, with the exception of clarifying the regulations regarding the requirement for attending a Bowhunter Safety Course field day. 

Councilmember DeCourcy suggested that the deer hunt be discussed later in the year by Council.  

Council thanked the Forester for his report.

The Mayor suggested that Councilmember DeCourcy’s request to discuss an issue related to the City Forester be considered at this time.

Councilmember DeCourcy stated that Mr. Nayes’ business had treated her Ash trees prior to her being elected to Council. She commented that she wished to disclose this information to residents. She questioned if she would be allowed to contract with Mr. Nayes’ firm to plant pine trees along her driveway to replace trees that have died.

Mr. Nayes stated it is his understanding that his business cannot do work for persons who have the authority to vote on his contract with the City.

Attorney Kuntz advised that the Council had passed a resolution to prohibit staff from working for members of the Council to avoid any impropriety; he pointed out that this is not a State law and that Council could grant a waiver for this project if they deem it to be appropriate.
Councilmember Hovey recalled that Council granted a waiver to the former Mayor, Dick Williams, so that Mr. Nayes business could complete a project that was begun prior to his election to office.

Mr. Nayes explained that discussion of the project began in October, but nothing was formalized at that time.

Attorney Kuntz suggested that Council could consider a waiver for one project or for one year.

Councilmember Hovey asked if Councilmember DeCourcy would recuse herself from the Forester contract discussions if Council approved a waiver for the project. Councilmember DeCourcy responded yes and indicated that if Council does not wish to grant a waiver, she would attempt to find a different contractor.

Councilmember Bulach stated he does not have a problem with the proposal, but expressed concern related to what other residents may think. He commented that if Council authorizes the waiver, it should be well documented.  

Attorney Kuntz suggested that Council could grant a waiver for 2013 for the project as discussed this evening and the Forester could report when the project is completed. The City Clerk stated that the Forester submits a report every six months for residential work done within the City.

Councilmember Hovey moved to approve a waiver for 2013 the City Forester’s firm to complete a project for Councilmember DeCourcy at her residence, seconded by Councilmember Wahlstrom.

In discussion, Councilmember Bulach asked if the Forester would provide a plan for the scope of the project to Council.

Mr. Nayes stated he would give the plan to Councilmember DeCourcy and she could provide the information to Council.   

Councilmember Bulach offered a friendly amendment to the motion to require submission of the landscape plan for the project.  Councilmembers Hovey and Wahlstrom agreed to amend the move to require submission of the landscape plan.

Motion carried.  (Ayes 4; Hovey, Wahlstrom, Bulach, Park; Nays 0; Abstain: 1 DeCourcy)

c. PUBLIC SAFETY: Chief Shaver reviewed his report dated January 3, 2013. He stated the burglar alarms were up slightly from last year’s total and reported on the other various incidents listed in his report.

Councilmember Hovey asked if an increase in the number of police calls affects the City bill and the Chief responded the number of calls does not affect the billing costs.

Council thanked the Chief for his report.

8.   NEW/OTHER BUSINESS:

a.   Consider Approving Rent Increase & Lease Agreement between the City of Sunfish Lake and St. Anne’s Church: Attorney Kuntz explained that Council had directed the City Attorney, City Clerk and Councilmember Wahlstrom to meet with Church officials to discuss a lease agreement between the City and St. Anne’s Church for use of the church facilities for meeting space for Council and to conduct elections.

The Attorney explained that the rate increases for the lease over the three year period; 2013 it is $165; 2014 it is $169 and 2015 it is $173. He noted that Councilmember Wahlstrom had suggested the installation of lighting over the door to the church, but the Pastor indicated the Church would have to budget for this item.

Councilmember Wahlstrom noted that the area appears to be well-lighted this evening.

Mayor Park asked if the key holders must attend the safe church program. The Attorney responded yes and noted that the contract specifies that if a key is lost, the person or entity must pay to re-key the building.

The Mayor asked if there was any further discussion and there was no response.

Councilmember Bulach moved approval of the three-year lease agreement with St. Anne’s Church as presented, seconded by Councilmember Wahlstrom and carried. (5-0)

b.   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:   Mayor Park  asked that the City Attorney review the history of how the employment agreements with the City Clerk/Administrator and Treasurer were initiated due to the regulations of the Public Employees Retirement Association (PERA). She asked Attorney Kuntz if he had any comments regarding the employment agreements.

Attorney Kuntz explained that the agreements are essentially the same as in previous years and that the only item for discussion relates to salary increases for staff. He advised that after Council determines if a salary increase is appropriate for the positions, they should move to Item 8.b., the resolution adopting the four addendums to the agreements. He stated that the Clerk and Administrator are paid on a monthly basis and that the Treasurer and Forester are paid an hourly rate.

Mayor Park asked if Council could adopt all the agreements in one motion. The Attorney explained that based on the recent discussion with the City Forester, it would be appropriate for Council to consider the Forester contract separately.

The Mayor asked what the increases had been for the past few years and if Council had recommended any rate increases for this year.  The Attorney explained that the information he provided was the 2012 rates for service and that he did not have any further information.

The City Treasurer explained that during budget discussions, the previous Council had placed a 2% increase in the budget for the Clerk/Administrator positions, but no increases were discussed for the Forester or Treasurer. He noted in the past few years the Council has given all positions a 2% increase.  He further explained that Council conducted performance reviews, but they indicated that the new Council should determine increases at the January meeting.

Councilmember Bulach explained that his business normally discusses salary increases in November for the upcoming year. He stated he would support a 2% increase for all positions.

Mayor Park suggested that Council could discuss salary increases in the fall this year for next year’s budget.

The Mayor asked if there was any further discussion and there was no response.

c.   Consider Resolution Approving Addendum No. 5 to Employment Agreement between the City and Catherine

Iago for City Clerk Services and Addendum No. 5 to Employment Agreement between the City and Mike Blair for City Treasurer Services and Addendum No. 3 to Independent Contractor Agreement between the City and Living Sculpture Tree and Shrub Care, Inc. for City Forester Services and Addendum No. 3 to Independent  Contractor Agreement between the City and Iago Consulting, LLC for Administrative Services:

Councilmember Bulach  moved to adopt Resolution No. 13-03 titled, resolution approving addendum no. 6 to EMPLOYMENT agreement between the city and Catherine iago for city clerk services and addendum no. 6 to employment agreement between the city and mike blair for city treasurer services and ADDENDUM NO. 4 TO INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY AND IAGO CONSULTING, LCC FOR ADMINISTRATIVE SERVICES, with a two-percent (2%) salary increase for the City Clerk/Administrator and City Treasurer effective January 1, 2013, seconded by Councilmember DeCourcy and carried. (5-0)


Councilmember Bulach moved to approve a two (2%) salary increase for the City Forester effective January 1, 2013, seconded by Councilmember Wahlstrom.

In discussion, Councilmember Hovey stated his opinion that the hourly rate for the Forester’s service is low and should be raised.

Mayor Park asked if Councilmember Hovey believes the Treasurer’s rate is also low. Councilmember Hovey stated that the Treasurer does not have the overhead costs associated with the Forester’s work duties, such as gasoline and equipment.

Treasurer Blair pointed out that typically the Forester costs are less than the amount budgeted for his services.

Councilmember Bulach asked how many hours the Forester works per year. The Treasurer stated that the Forester typically logs slightly over 400 hours per year.

Attorney Kuntz suggested that Council may need more information before making a determination and pointed out that this may not be the most appropriate setting to discuss wages; he suggested that Council appoint two members to review this matter and make a recommendation to Council at a future meeting.

Councilmembers Hovey and Bulach agreed to review the Forester’s salary and report back to Council.

Councilmembers Bulach and Wahlstrom withdrew their motion.

Councilmember Hovey moved to table this matter to the February Council meeting, seconded by Councilmember Bulach and carried. (Ayes: 4 Hovey, Bulach, Wahlstrom, Park; Nays; 0; Abstain; 1 DeCourcy)       

d.  Schedule Special Meeting with City Council and Planning Commission: Mayor Park explained that Council annually scheduled a joint meeting with the Planning Commission to review the Comprehensive Plan, establish goals, work and review any upcoming issues. She suggested meeting prior to a Planning Commission meeting for this purpose.

Councilmember Hovey suggested conducting the meeting prior to a regular Council meeting so that it would not entail another evening meeting for Council.

Mayor Park stated she would contact the Commission members to determine if they are available to meet prior to the February Council meeting.  She asked the Clerk to check with the Church to determine if a meeting space is available. 

e.   Announce Date for Sunfish Lake Winter Celebration – February 2, 2013: Mayor Park advised that the Sunfish Lake Winter Celebration had been tentatively scheduled on February 2, 2013 at the Pool and Yacht Club. She explained that she would ask Sunfish Lake residents who are business owners or vendors to provide door prizes and she encouraged everyone to invite neighbors and new residents to attend. 

f.    Other: The Mayor asked if there was any further business and there was no response.

9.   ADJOURN: Councilmember Hovey moved for adjournment at 8:57 p.m., seconded by Councilmember Bulach and carried.  (5-0)

___________________________                                                ___________________________

Molly Park, Mayor                                                             Catherine Iago, City Clerk