SUNFISH LAKE CITY COUNCIL MEETING – SEPTEMBER 6, 2011

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

Attendants:

Acting Mayor: Judy MacManus

Councilmembers: Roger Conant, Paul Burke and Mike Hovey.

City Attorney: Tim Kuntz
Engineer: Tim Hanson

City Treasurer: Mike Blair
Building Inspector: David Neameyer

City Forester: Jim Nayes
Police Chief: Manila Shaver
City Clerk: Cathy Iago
and Members of the General Public.
City Planner Steve Grittman was absent.
Mayor Richard Williams arrived at 7:02 p.m.

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

Mayor Williams arrived at 7:02 p.m.

2. APPROVE AGENDA: Mayor Williams asked if there were any additions or corrections to the agenda.

Clerk Iago explained that the Dakota County Regional Railroad Authority had sent a request for the City to appoint one elected official and one staff member to serve on committees to study the Robert Street Transitway.

Mayor Williams suggested that the item be considered under 8.g. Other Business.

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

Councilmember Conant referred to page 8, paragraph 3, of the Regular Council meeting minutes of August 2; he asked that the word “questioned” be changed to “inquired about”, as he was merely asking a question. He asked if staff had researched the substantial billing statement from the SouthWest Review newspaper for publication of an ordinance.

Treasurer Blair explained that he had contacted the newspaper and was told that a new employee had sent the billing statement and charged the regular customer rate, not the City rate for publication. He advised that the newspaper had returned the check from the City and provided a credit for overpayment.

Councilmember Burke asked who would be responsible for insuring this does not happen in the future.

Mayor Williams pointed out that usually the Treasurer reviews the billing statements; however, the bill was sent to the City Attorney’s office and not the Treasurer. He suggested that staff contact the newspaper to insure all bills are sent to the City Treasurer.

Treasurer Blair stated that he made such a request when he talked to the newspaper and all future bills will be sent to his attention.

Clerk Iago explained that Fire Chief Maczko had submitted changes to page 9, paragraph 2, of the Regular Council meeting minutes of August 2; she distributed a copy of the changed paragraph for Council review.
Councilmember Conant requested an explanation of the changes. Clerk Iago advised that the Chief provided more information regarding how the insurance rating is done and made some minor language changes.

Councilmember Hovey requested a change to page 1, paragraph 3, of the Special Council meeting minutes of August 16; he asked that the sentence be changed to read “only antlerless deer” rather than “females without antlers”.

Mayor Williams advised that he had reviewed and reconciled the List of Bills; he asked Council had any questions.

Councilmember Conant inquired about the $10,000 payment for the Building Inspector.

Treasurer Blair explained that the amount reflects three months of billing by the Inspector; he advised that the Inspector contractually receives 80% of the permit fees and 100% of the Plan Check fees. He noted that there has been a higher volume of permits in the last few months.

Councilmember Conant asked if receipts were submitted for the payments and the Treasurer responded yes.

Councilmember Burke questioned the Monthly Financial Statements relating to legal fees incurred for prosecution of violent crimes; he stated he does not recall hearing about any such crime within the City from the Police Chief.

Mayor Williams stated he did not recall any mention of violent crimes from the Chief and suggested that it may have been a misdemeanor offense and not a felony.

Councilmember Burke inquired about insurance coverage under the Police Services Contract; he asked if the City has taken into account the indemnification portion of the contract.

Treasurer Blair explained that the City recently took action not to waive liability with the League of Minnesota Cities insurance coverage and that there are statutory limits for municipal liability.

Councilmember Burke asked if the City is fully covered for statutory limits and the Treasurer responded yes.

Councilmember Conant asked if the City would bear responsibility for persons acting on behalf of the City, such as the Police Department, and if the insurance coverage protects the City from exposure for an unusual event.

Mayor Williams noted that there are statutory limits that set a maximum to be recovered from municipalities.

Councilmember Conant asked if the Police Chief agrees with the assessment from the Mayor and Chief Shaver responded yes.

Councilmember Hovey inquired about the non-owned automobile liability insurance for City employees. Treasurer Blair explained that he and the City Clerk are the only two City employees.

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

Councilmember Hovey moved approval the Consent Agenda with amendments to the minutes as requested, seconded by Councilmember Conant and carried. (5-0)

a. Regular Council Meeting minutes of August 2, 2011 and Special Council Meeting minutes of August 16, 2011.

b. List of Bills

c. Monthly Financial Statements

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

Councilmember Hovey explained that as a resident living on Charlton Road he has noticed a “washboard” effect on the north end of the roadway; he asked the City Engineer when the road would be graded.

Engineer Hanson advised that typically the road would not be graded until October or November, just prior to the snowfall season. He explained it would be expensive to grade a short span of the road prior to that time.

5. PUBLIC HEARING/PRESENTATIONS: None.

6. PLANNING COMMISSION/PLANNER’S REPORT: Mayor Williams explained that the Planner contacted him to request he be excused from the meeting this evening due to a conflict with another meeting. He advised that he granted the Planner’s request since the Bethel Baptist application requesting a daycare facility had been withdrawn and there were no major issues pending. He explained that there were no applications for the September Planning meeting and therefore it would be cancelled. He advised that the preliminary analysis by the Planner for potential new subdivisions would be prepared for the next meeting and that there are approximately 225 buildable parcels in the community.

The Mayor advised that he had a conversation with the Planner regarding fire tests that were being conducted by an insurance company on building materials and he suggested that the Planner prepare a report on the findings for Council review. He noted that Sunfish Lake is an unusual community with substantial open space and therefore a fire could spread easily through the City; he commented that Council may wish to consider limiting building materials to those that would provide greater fire protection.

Councilmember Conant inquired about the information in the Planner’s report regarding the property at 345 Salem Church Road.

Mayor Williams explained that the report mentions people have inquired about purchasing the property and what type of remodeling could be done.

Councilmember Hovey commented that the City cannot take action on the property until an application is filed.

Councilmember Conant commented that it may be difficult to sell the property if the purchaser is unsure what changes could be made.

Mayor Williams pointed out that the current owner could submit an application to determine what changes could be made prior to sale of the property.

7. INSPECTOR’S REPORTS:

a. Building Inspector: Inspector David Neameyer stated that he issued four (4) building permits, one (1) plumbing permit and one (1) mechanical permit in August. He explained that there has been a high volume of permits in the last few months and the permits have had high valuations which result in higher fees. He commented that the high volume of permits may be due to the recent change in the variance laws and the fact that this is the busiest construction time of the year.

The Inspector stated he and the Police Department would be meeting with the property owner at 2078 Charlton Road on Thursday this week to review if any corrective actions have been taken. After the review, he stated he would contact the City Attorney to determine the options for proceeding.

Council thanked the Inspector for his report.

Mayor Williams explained that Councilmember Conant was expecting a person who wished to provide information relating to the Angell Road Culvert Improvement and suggested delaying the Engineering Report until his arrival.

c. CITY FORESTER: Forester Nayes advised that he issued one (1) burning permit in August and conducted four (4) Invasive Weed Species surveys in conjunction with recent building reviews. He stated that he removed Purple Loosestrife from Sunfish Lake and disposed of a sofa and mattress found on Upper 55^th Street. He stated he would review the Green Futures planting event information later on the agenda.

Councilmember Conant asked if the Forester had previously removed Purple Loosestrife from Sunfish Lake. The Forester advised he had done so approximately one year ago.

Council thanked the Forester for his report.

d. PUBLIC SAFETY: Chief Shaver reviewed the public safety report. He explained that residents have been diligent in calling regarding suspicious persons in the City. He advised that a fireworks complaint was received involving four persons and that due to the dry weather, fireworks could pose a potential fire hazard. He recalled that two burning permits were issued and stated he would check this information with the City Forester. He advised that residents leaving town for the winter months should be encouraged to contact the Police Department to request patrols and provide emergency contact information.

The Chief distributed flyers relating to the Police Reserve Program and advised that anyone interested in participating should contact Sgt. Tom Fangel; he suggested the information could be placed on the City website.

Councilmember Hovey asked about requirements for participation. The Chief stated that residents must be 18 years of age and that is the only requirement.

The Chief advised that he had sent information on flood insurance to the Mayor and he would be happy to email the same information to other members of Council and staff.

Councilmember Hovey asked if there was any update on the recent dog shooting in the City. Chief Shaver explained the matter is still under investigation and commented that it may be difficult to prove who shot the dog.

Councilmember Conant asked for an explanation of the mutual aid call. Chief Shaver advised that the department assisted the State Highway Patrol with an accident call.

Mayor Williams suggested that the Chief may wish to discuss the Deer Hunt information at this time. The Chief explained that Officer Muellner would be coming to discuss that item.

8. NEW/OTHER BUSINESS:

f. Consider Application to Tree Trust for Tree Planting Program: Forester Nayes explained that the City submitted an application to the Tree Trust for a tree planting grant earlier this year and was not chosen for the spring planting program. He advised that the grant application is automatically submitted for the fall program and the City was chosen for the fall planting. He explained that the Tree Trust provides 40-50 trees and volunteers to plant the trees and clean-up the planting areas. He stated the group would work with the Forester and any residents who wish to volunteer their time. He explained the cost to the City is $5.00 per tree, plus any costs for maintenance and watering. As an example, the Forester advised that the 10-gallon trees that are offered under the grant would cost approximately $200 to $250 from his business.

The Forester stated he reviewed two areas for the plantings near Salem Church Road and Interstate 494 and in Musser Park; it was his opinion that the area near Musser Park would be more appropriate for the plantings. He stated that there are some logistics that need to be resolved, but asked that Council approve proceeding with the program.

Mayor Williams pointed out that the Tree Trust has also requested placing a link on the City website to identify their work; he indicated this should not pose any problems. He also noted that the Forester needs to determine how the watering of the trees will be accomplished.

Councilmember MacManus asked how many trees would be installed. Forester Nayes stated between 40 and 45 trees. He reviewed the species he had chosen for the area.

Attorney Kuntz suggested that the City may wish to include a deadline for the Tree Trust link on the City website.

Mayor Williams suggested that the link not extend beyond three years, which is the time commitment the City makes for watering and maintenance of the trees.

Councilmember Conant asked who determines where and what is planted. The Forester stated he determines the species and area for planting; he advised that he chose species that are similar to those already in place in Musser Park.

Councilmember Conant pointed out that the area proposed for the plantings is not near any water lines and asked if this would pose a problem.

The Forester stated he intends to find a method to transport the water to the area and that he would donate the water. He advised that the Tree Trust wishes to have a signed agreement so that they may cross through the private land for the planting event, preparation prior to the event, and cleanup after the event.

Councilmember Conant asked if the City retains the right to withdraw from the program if they disagree with the planting plan. The Forester stated yes.

Mayor Williams supported the request and suggested that a period of three years be imposed for the website link. He asked if there were any further comments and there was no response.

Councilmember Conant moved to authorize the City to enter an agreement with the Tree Trust for the tree planting grant subject to a condition that limits the Tree Trust link on the City website to a period of three years, seconded by Councilmember Hovey and carried. (5-0)

7.b. 1-2 CITY Engineer: Mayor Williams asked Councilmember Conant to introduce his guest who was present to comment on the Angell Road culvert improvement project.

Councilmember Conant introduced his brother-in-law, Arne Junker, who is a Civil Engineer. He stated that Mr. Junker had reviewed the culverts on Angell Road and wished to share his observations.

Arne Junker stated he has been a Civil Engineer in Austria for the past 30 years and worked 10 years in the field on construction projects. He explained that he reviewed the culverts on Angell Road and found that they should be cleaned; he commented they are quite a mess at the inlet and outlet for the culverts. He stated that one culvert appears to be bended on one side and out of round; he showed Council a diagram and indicated this could be due to traffic and settlement of the culvert. He suggested that to properly review the culverts, a person should go inside with lighting to determine their condition.

Mayor Williams asked if Mr. Junker viewed the pipes as being out of round. Mr. Junker responded that the ends of the pipes appear to be out of round, but he was unable to determine their condition on the interior due to the fact there was a lot of mud inside.

Councilmember Hovey asked if Mr. Junker viewed the bottom of the pipe and if it was disintegrated. Mr. Junker stated he was unable to view the bottom due to the mud. He further advised that there was rust on the ends of the culvert, but he did not see the rust continue to the inside.

Councilmember Conant asked for Mr. Junker’s opinion if the pipes are in immediate danger of failing. Mr. Junker responded no.

Councilmember Conant asked for Mr. Junker’s recommendation as to what he would do. Mr. Junker responded that he would recommend review of the interior of the pipes with a light and/or a video camera.

Mayor Williams asked what the City should be looking for on the interior of the pipes. Mr. Junker explained the interior review would determine if the lining has failed, if the rust has continued on the interior of the pipe and if they are out of round.

Mayor Williams asked if the pipes are out of round, does that indicate they should be replaced. Mr. Junker responded yes.

The Mayor asked for Mr. Junker’s opinion on the life span of the pipes. Mr. Junker stated he was unsure, but indicated they should not rust.
Councilmember Burke asked if the pipes are out of round, does it have any impact on the volume of flow through the pipe. Mr. Junker explained it would impact the bearing capacity of the pipe for traffic.

Councilmember Conant asked if a person would notice the pipe being out of round on the road. Mr. Junker responded yes.

Councilmember MacManus asked what type of clean-up Mr. Junker would recommend. Mr. Junker responded that vegetation and trees should be removed from the culverts and stone could be placed near the ends.

Councilmember MacManus asked if the City could perform that type of clean-up without easements from property owners.

Engineer Hanson explained the City can do the clean-up as a maintenance project and bear the responsibility for the costs of maintenance; easements would still be required. He advised that he is unsure if the scope of a maintenance project would fall within the existing (proposed) easement area.

Engineer Hanson stated that he agreed with Mr. Junker’s assessments of the culverts, however, he informed Council and Mr. Junker that he personally viewed the bottom of two of the culverts and found them to be completely eroded. He offered to take anyone interested in viewing these culverts to the site and show them the erosion area. He also pointed out that although the roadway has not yet shown any settling yet; he has viewed the inside of the culverts and found they are 15 to 20 percent out of round at this time. He commented that he would resist cleaning out the culverts due to the fact the bottoms are eroded.

Mr. Junker asked if the engineer had taken photos of the erosion. Engineer Hanson responded he had not.

Henry Hovey asked if there was anyway to drain water from the culverts. He suggested using the Fire Department’s high pressure hose to clean-out the debris and then placing a camera in the culverts to determine the extent of erosion.

Engineer Hanson explained that the City cannot flush the debris, it would be more appropriate to vacuum out the debris so as not to disturb any hazardous sediment. He explained that if the culvert bed is dry, he can dig into the dirt to show the erosion of the pipe.

Mayor Williams stated that it would be appropriate to conduct a physical inspection of the interior of the pipe at this time so that Council may use the information to determine the urgency of the project and identify problem areas. He asked if photographs could also be taken during the inspection.

Councilmember MacManus agreed that due to the other issues related to the improvement project it would be appropriate to further investigate the matter before proceeding.

Engineer Hanson asked how many holes he should dig for Council inspection. He explained that he would only be able to enter two of the culverts because one culvert contains water. He advised that he is required to have another person with him during the inspection for safety purposes, because it is a confined space.

Councilmember Conant volunteered to assist the Engineer. Councilmember MacManus also volunteered to attend.

Councilmember Burke supported the inspection but indicated he is troubled by the fact that the easement process has taken so long and is still not resolved. He noted that currently there is no manifestation of trouble on the surface of the road and asked how long it would be before there is risk of the road collapsing.

Engineer Hanson explained that the culvert may not ever show signs of collapse before it occurs.

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

Councilmember MacManus moved to authorize the City Engineer, along with Councilmember Conant, to physically inspect two culverts along Angell Road in three (3) separate locations to establish that the bottom of the culvert has eroded and to determine if the top area of the culvert is out of round, and to take photographs and report back to Council at the next regular meeting and to notify Council when the inspection is to take place, seconded by Councilmember Hovey and carried. (5-0)

Engineer Hanson suggested conducting the inspection on Friday afternoon.

Mayor Williams suggested tabling Items 7.b 1 & 2 until the next meeting.

Councilmember Hovey moved to table the easement Acquisition for the Grant and Alexandra Fitzer Parcel and the resolution accepting the feasibility study and ordering the public hearing for the Angell Road Culvert Replacement Project, to the next regular meeting, seconded by Councilmember Conant and carried (5-0).

Attorney Kuntz asked if Council wished to direct staff to prepare a motion rejecting the bid for the project to the next regular meeting. Engineer Hanson concurred and explained that the bid was extended to the October meeting, but there would not be sufficient time to complete the project this year.

Councilmember Burke asked if the City must formally reject the bid and the City Attorney responded yes; the Attorney indicated that Council could take formal action this evening to reject the bid.

Councilmember Conant moved to formally reject the bid for the Angell Road Culvert Replacement Project and authorize the City Engineer to return the bid bond to the lowest responsible bidder, seconded by Councilmember Burke and carried. (5-0)

Angell Road Culvert Replacement: Engineer Hanson asked if Council was interested in discussing the status of the easements for the project.

Mayor Williams suggested no discussion of the easements take place at this time.

Musser Parking Lot: There was no work done on this project.

Stage One MS4 Pond Inventory: The City’s NPDES permit requires the accounting of all City MS4 ponds. The inventory has been completed. Two ponds fit the permit criteria and information regarding the ponds will be presented at a future meeting.The pond inventory and supporting data will then be submitted to the MPCA.

Drafted 2012 Engineering Budget and CIP Plan: The Engineer advised that he completed budget information for the 2012 City budget including Capital Improvement Plan for 2012 through 2020.

Reviewed Streets: Engineer Hanson stated the City streets are in good summer condition. There are a couple of minor shoulder washouts, but generally the shoulders are in good condition.

Public Works Activities Undertaken in the Month of August:

Anticipated Engineer/Public Works Activities’ for the Month of September:

- Prepare for a public hearing at Council and Planning Commission
- Easement acquisition for the Angell Road Culvert Replacement Project

Council thanked the Engineer for his report and Mr. Junker for his input.

b. Discuss Deer Management Program and Deer Hunt for 2011: Mayor Williams explained that he had met with Officer Muellner to discuss possible methods for citizens to participate in deer hunting within the City. He explained that Council had discussed the possibility of citizens who are members of the Metro Bowhunters Association to conduct a separate hunting event under the direction of Officer Muellner. He advised that this event could take place in Musser Park on a separate weekend from the Metro Bowhunters event or on other property that meets the criteria listed in the City Code and with direction from Officer Muellner to insure the hunt meets standards similar to those imposed on the Metro Bowhunters during their controlled hunt.
Officer Muellner explained that he would coordinate the hunt for the residents and asked if Council had considered allowing both sexes of deer to be taken.

Councilmember Hovey stated he would prefer that the hunters take both sexes of deer. Mayor Williams agreed and indicated that if citizens are allowed to hunt it may not be an issue if antlered deer are taken during both hunts.

Officer Muellner explained that each person is only allowed one antlered deer per year by State law.

Attorney Kuntz asked if Council plans to have landowners provide permission to the City for the residents to hunt on behalf of the City or to each resident as an individual; he also asked who would be responsible for insurance liability for the residents hunting.

Mayor Williams indicated that the Metro Bowhunters have their own insurance policy, but he was unsure how insurance would be handled for the residents hunting.

Officer Muellner suggested the residents could sign a waiver releasing the City of liability.

Mayor Williams agreed that the residents could provide the waiver; however, he questioned what would happen if a third party is injured.

Attorney Kuntz explained that the Metro Bowhunters insurance policy covers the City for third party injuries. He asked if Council sees the citizen hunt as a City sponsored event and the citizen acting as agents for the City or if they are just residents hunting under the City Code regulations.

Councilmember Burke pointed out that the residents would most likely be hunting on City owned land. He suggested that staff check with League of Minnesota Cities to determine if the residents would be covered under the City policy if they are acting on behalf of the City for the hunt.

Officer Muellner pointed out that there are other areas within the City that would work for hunting purposes.

Attorney Kuntz asked for clarification if the hunting would occur on City owned property or private property or both.

There was discussion regarding whether or not the citizen hunt would follow criteria as listed under the ordinance for the deer management program or for private hunters. It was determined that the residents would conduct the hunt under the deer management program if the League of Minnesota cities provides coverage for residents acting on behalf of the City.

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

Councilmember Conant moved to authorize the 2011 Deer Hunt for the Metro Bowhunters Association and for residents who are members of the Metro Bowhunters Association if the LMC coverage for the City would provide insurance for the residents acting on behalf of the City during their hunt and that the hunting shall occur during the four weekends in the months of October, November and possibly December, 2011, on designated weekends that do not include any holidays or school holidays and that during the first weekend hunt only antlerless deer may be taken and on the second weekend any sex deer may be taken by both groups of hunters, seconded by Councilmember Burke.

Councilmember Hovey requested a friendly amendment to the motion setting the number of deer to be taken at 30.

Councilmembers Conant and Burke as maker and second to the motion agreed to the friendly amendment.

Motion carried. (5-0)

a. Consider Resolution Adopting the Proposed Budget and Tax Levy for 2012: Treasurer Blair distributed copies of the proposed 2012 Budget that was discussed at the Special meeting held August 16, 2011. He explained the proposed General Levy of $408,000 and Salem Church Bond Levy of $28,200 adopted several years ago. He stated this budget proposes a $45,200 increase over last year, with the largest amount proposed being $20,000 in the snowplowing budget. He advised the Capital Improvement Plan (CIP) budget includes $26,000 for sealcoating of Salem Church and Grieve Glen Roads, and $22,400 for culvert cleaning, for a total of $48,400.

Councilmember Conant asked if the culvert cleaning included all roads and the Engineer responded yes.

The Treasurer explained the City is adopting a not to exceed budget this evening and then City will conduct a Truth in Taxation Public Hearing in December, at which time the final budget would be adopted.

Mayor Williams explained that one of the biggest variables in the budget relates to snowplowing costs. After an extensive discussion at the study meeting in August, Council decided to increase the snowplowing budget by $20,000 as a hedge to avoid a budget shortfall.

Treasurer Blair explained that the League of Minnesota Cities suggests that cities maintain a minimum reserve of three months unrestricted cash. He advised that the City is not allowed to spend the funds received from the Salem Church Bonds until the bonds are paid.

Councilmember Hovey asked how much interest income was lost from early payments on the Acorn Drive bond issue. The Treasurer explained it was approximately $3,000.

Councilmember Conant commented that he has concerns regarding a 20 percent increase over a two year period of time; he asked if the budget is reduced in the next few months, would the levy be reduced. The Treasurer responded yes.

Mayor Williams explained that when he first was elected to Council, the City reduced the budget by using some of the cash reserves. He commented that some of the increase may be due to this fact.

Councilmember Conant advised that at some point he may wish to discuss further reductions.

Councilmember Burke stated he was reviewing the estimates and noted that the revenues projected are $5,000 higher and therefore, the budget is actually increasing $40,000, not $45,000. The Treasurer agreed with his comments and explained that at this time he does not have an explanation for the additional $5,000 received from the County for property tax. He explained that the County has the option to hold back some of the tax collection payment until the next year.

Councilmember Burke referred to the pass through fees and escrow funds and indicated that these funds should not be included as income. He explained that when reviewing the departmental budgets the document does not show changes that offset the funds. He stated that the Treasurer is showing in the financials an approximate $25,000 of fee income, $16,700 in escrow and $8,100 in pass through fees.

The Treasurer advised that the escrow funds are money that cannot be spent and are primarily segregated funds. He pointed out that the budget has been presented in this manner for many years. He offered to revise the financials if Council wishes.

Mayor Williams suggested it may be more appropriate to create a separate account for the Escrow Funds and pass through Funds and they should be “footnoted”. If monies are not the property of the City they should be listed separately.

Treasurer Blair agreed that if it is confusing he would be willing to revise the information. He stated he did not include the pass through fees in the budget.

Councilmember Burke asked where the Treasurer where the entry occurs for the escrow funds. The Treasurer explained the entry occurs in accounts receivable.

Councilmember Burke commented that this is a misrepresentation of City revenues.

Treasurer Blair disagreed that the revenues are misrepresented and that this is the method that has always been used to balance the cash flow. He again offered to revise the information for clarification purposes.
Councilmember Burke noted that the proposed budget show an increase over the current year estimates in the following areas; $17,000 on snow removal, $8,500 on CIP, $4,000 on Charlton Road Maintenance, $5,500 on Forester related services, and $4,000 for Engineering. He noted some of the increase is offset by reduction in the City Attorney services and the Water Quality Plan costs.

Councilmember Burke commented that at the public hearing in December on the proposed budget, the proposed budget should be compared to the actual year-to-date 2011 expenses and revenues plus projected balance of 2011 expenses and revenues. He also commented that the five expense categories previously noted bear further scrutiny for 2012 budget expense reductions

Councilmember Conant commented that the City has the ability to retain less than three months cash flow. Mayor Williams suggested that the question could be raised during the meeting with the State Auditor.

Councilmember Burke asked for clarification on which months the City cash flow is the lowest. Treasurer Blair indicated that June and November are the lowest cash flow months.

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

Councilmember Hovey moved to adopt Resolution No. 11-15 titled, RESOLUTION SETTING NOT-TO-EXCEED TAX LEVY FOR COLLECTION IN THE YEAR 2012, and scheduling a Special Council Meeting on December 6, 2011 at 7:00 p.m. to discuss the proposed budget and tax levy for 2012, seconded by Councilmember MacManus and carried. (5-0)

d. Discuss Proposal for State Auditor’s Office Review of City Financial Procedures: Mayor Williams explained that he and Councilmember Conant have compiled items they wish to discuss with the State Auditor’s office. He advised that he would set up an appointment to meet with the auditor and Councilmember Conant and report to Council at a future meeting. He asked if a formal motion was necessary to proceed.

Attorney Kuntz advised Council had previously authorized the meeting and therefore, no formal action was necessary.

c. Review and Approve NDC4 Proposed 2012 Budget: Treasurer Blair stated that this is the first time he has reviewed the proposed 2012 budget for the Northern Dakota County Cable Commission (NDC4). He explained that the City receives 25 percent of revenues collected from franchise fees. He pointed out that under the Joint Powers Agreement each city is asked to review the budget and either approve or disapprove by action at a meeting; if no action is taken, the budget will be approved by default after six weeks. He advised that the budget appears to be straightforward and that NDC4 also presented the 2010 Fiscal Year Audit Report that was prepared by a certified public accounting firm.

Councilmember Conant asked that in the future the materials be sent to Council in advance so they have a chance to review the information.

Clerk Iago explained that previously this information was reviewed by the Mayor and Council took action on the Mayor’s recommendation to approve the budget. She advised that this is the first time the Treasurer was asked to review the documentation.

Councilmember Conant suggested that in the future this information should be sent in advance or staff should just submit a recommendation.

Councilmember Conant moved to approve the Northern Dakota County Cable Commission (NDC4) 2012 Budget as submitted, seconded by Councilmember Hovey and carried. (5-0)

e. Discuss “Housekeeping” Amendments to the City Code and Proposed Policies Relating to Building Requirements: Inspector Neameyer explained that he had compiled information relating to his recommendations for updating the city Code, forms, fees and procedures for the building inspection department.


Councilmember Hovey asked that this item be tabled due to the fact that it is a substantial amount of information for Council to review.

Inspector Neameyer stated that he was not requesting Council action on this item, but some indication that Council agrees with the concepts outlined. He advised that he envisions introducing the new forms and procedures beginning the first of the year.

Councilmember Burke asked if the inspector wished to transition to the “Model Fee” schedule. The Inspector responded yes.

Councilmember Conant asked if the fees in the model schedule are higher.

Inspector Neameyer explained that some fees are a bit higher and some a bit lower. He pointed out that the current permit forms are inaccurate and the “housekeeping” amendments would bring the City Code up-to-date. He noted that procedural changes would be for staff use and, therefore, he would be requesting Council input for Sections 1 and 2 and staff input for Section 3.

Councilmember Hovey asked if there was an “executive summary” of the requests and if a public hearing would be required prior to adoption of the changes.

Inspector Neameyer explained that the first two pages of the report provide a general outline of his requests and that a public hearing is required for the City Code changes.

The Inspector advised Council that he prepared the information on his own time and that no staff time has been utilized for the document preparation. He noted that if Council agrees with the proposed City Code changes and permit changes, he would ask for authorization to work with staff, such as the City Attorney, to prepare documentation for Council action and the public hearing.

Councilmember Conant asked if the City Attorney would evaluate the new permit forms.

Mayor Williams commented that he does not believe it would be necessary to have the attorney evaluate the permit forms, unless Council has concerns about the new forms.

Attorney Kuntz stated he could provide an overview of the forms if necessary.

Councilmember Burke asked what the inspector is comparing the AMM Model Fee Schedule to. The Inspector responded the comparison is to the current fees charged by the City.

Council concurred to review the information for discussion at a future meeting.

g. Other: Appointment to Regional Railroad Authority Committees: Clerk Iago explained that the City received a letter from the Dakota County regional Railroad Authority stating they received a federal transit grant to conducting an analysis study for the Robert Street Transitway. She advised that Dakota County has requested City participation in the study by appointing an elected official to serve as a representative on the steering committee and a staff member to serve on the technical advisory committee. She advised that the anticipated time commitment is approximately 12-15 meetings over the course of 18-24 months, plus attendance at public open houses. She noted that the County is requesting the appointments be made by September 24, and since there is no other meeting in September, Council action is requested this evening.

Mayor Williams asked for a volunteer to serve as the City representative.

After a brief discussion, it was suggested that Councilmember Burke be appointed as representative to the steering committee and the Mayor be designated as alternate.


Clerk Iago commented that the former mayor, Molly Park, had been involved with other Dakota County committees that discussed the Robert Street Transitway. She suggested that she could contact the County to determine if a resident could serve as the staff representative. If Council agrees, they may wish to appoint Molly Park as the staff representative to serve on the technical advisory committee, rather than pay for staff attendance.

Council concurred that if the County agrees, the appointment of Molly Park would be appropriate.

Councilmember Conant moved to appoint Councilmember Burke as the City representative to serve on the Steering Committee and Mayor Williams as the alternate for the Robert Street Transitway study and to appoint resident Molly Park to serve as the staff representative to the Technical Advisory Committee, seconded by Mayor Williams and carried. (5-0)

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

9. ADJOURN: Councilmember MacManus moved for adjournment at 9:45 p.m., seconded by Councilmember Hovey and carried. (5-0)

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