SUNFISH LAKE SPECIAL CITY COUNCIL MEETING – DECEMBER 4, 2012

5:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH

Attendants:

Mayor:  Richard Williams

Councilmembers:  Judy MacManus, Mike Hovey, Roger Conant and JoAnne Wahlstrom.

City Attorney:  Tim Kuntz

City Building Official: David Neameyer

City Planner: Alan Brixius
City Engineer: Don Sterna

City Forester: Jim Nayes
City Treasurer:  Mike Blair

City Clerk:  Cathy Iago

1.   CALL TO ORDER:                        Mayor Williams called the meeting to order at 5:00 p.m.

2.   CONSULTANT REVIEWS:   Mayor Williams explained the purpose of the special meeting was to conduct reviews for the consultants. He advised that he would ask each consultant to review their work plan for the past year and discuss any upcoming issues or concerns they foresee for next year.

CITY CLERK/ADMINISTRATOR: Mayor Williams stated that in his opinion Cathy has done an excellent job serving as City Clerk /Administrator. 

The Clerk reviewed her work plan for the past year, as follows:

- The election was successfully conducted
-  Assisted with production of the City newsletter
-  Work continues on the Ordinance codification it should be finished in 2013
-  Work continues on compiling the list of Joint Powers Agreements and Contracts
-  Work continues on the records purge and merging building files with other records for residential addresses
within the City
-  Attended recycling meetings and prepared grant application for recycling funds
-  Working with Council, staff and residents

Councilmember MacManus asked how the records purge has been going and if it has been difficult to find information in the former clerk’s files.

Clerk Iago explained that the Building Official files for permits and septic information are not combined for individual addresses within the City; therefore any searches conducted on residential inquiries are time consuming.
She further advised that the former clerk combined minutes, resolutions, ordinances and staff reports into booklets, so it is difficult to find information in those files.

Councilmember Conant recalled that it was a struggle finding information for the Harrison property. He asked if the files from other staff members are being combined into City files.

The Clerk responded no, but explained that the files at her home and the files stored at the Lilydale offices will be combined so that there is a file for each individual address within the City so that it will be easier to find information based on an address rather than a specific permit or event. She stated that when the ordinance codification is complete, the City will have the entire document in a Word format on the computer.

The Mayor asked if the Attorney will also keep a red-lined copy to show the changes. The Clerk responded yes.

The Clerk noted areas of improvement over the past year include agenda material available on the City website for resident viewing and septic records being administered by Dakota County to insure compliance. She commented that in the past the City has had an excellent record of compliance for septic pumping.  

Clerk Iago stated that for 2013 she would continue merging files and purging records to prepare the files for scanning for records retention purposes.

Councilmember Conant asked what would happen if a fire occurred at the Clerk’s home.

Clerk Iago explained that the ordinances are stored in fire-proof cabinets and Council minutes and resolutions from 2007 are stored on her computer; she copies all documents at the end of each year and stores the information at the City Attorney’s office and at the City of Lilydale for safekeeping.  

The Clerk stated she would help accomplish the City’s goals in 2013 by continuing to be informed about what is happening with other government entities that will affect Sunfish Lake and she would be conferring with the newly-elected officials on pertinent issues the Council has been working on for the past year and providing them information as requested.

Councilmember Conant stated that in his opinion it has been a pleasure working with the Clerk; he noted that she never failed to properly and affirmatively perform her duties. He stated her minutes are extremely well done.

Councilmember MacManus concurred and commented that the Clerk has been invaluable and always pointed Council in the right direction to insure that all statutory requirements are met.

Council concurred the Clerk has done an excellent job and thanked her for her work during the past year.

Councilmember MacManus asked if compensation would be discussed. The Mayor explained that normally that is discussed at the first meeting in January.

The Clerk stated she has enjoyed working with the entire Council and thanked the out-going members for their support during their years of service.

BUILDING OFFICIAL: Mayor Williams explained the information Council is requesting the consultants; review their work plan for the past year, discuss any upcoming issues for next year and point out any challenges they foresee in 2013.  He thanked Inspector Neameyer for the seamless takeover of the inspection duties after the loss of Mr. Wahl. 

The Mayor asked for an explanation of the notation for permits as listed in the financial reports. The Inspector explained that permit numbers beginning with “M” are Mechanical, “P” are Plumbing, and “B” are building permits.

Councilmember Conant requested that the inspector place “7a” at the top of his reports; the inspector stated he would do so in the future.  

The Mayor asked the inspector to review his strengths.

Inspector Neameyer stated that he instituted a 4-hour return phone call policy and that 95 percent of calls received were returned within two-hours. He explained that he keeps a phone record of all calls and inspections. He stated he has been punctual with inspections and has not received any complaints.

Councilmember Conant pointed out that sometimes receiving complaints related to inspections are not bad and may be due to the fact that the inspector was being strict with enforcing regulations.

Inspector Neameyer stated that he has had difficulty responding to some inquiries based on the condition of the files left by his predecessor and that the Clerk has helped coordinate the searches for information.

The Inspector explained that there may be some new home construction next year and that he does not foresee any building code changes in the near future.  He noted that some comments he has received relate to contractors actually obtaining the permits; he noted that the on-line forms are helpful, but not having a city hall poses some issues with actually getting the permit to the contractor.
Mayor Williams asked if there was anything the City could do to make his job easier.

The Inspector commented he has trouble finding information in City files and explained that when the files are combined his job will be easier; he noted that some inquiries are made using the name of the former resident rather than the address of the property. He advised that the Clerk has been helpful when he needs to find information.

There was discussion relating to hiring a records intern or volunteers to assist with the files. The Clerk stated she would make some inquiries regarding a records intern.

Council thanked the Inspector for his work during the past year.

CITY FORESTER: Mayor Williams Council is requesting the consultants; review their work plan for the past year, discuss any upcoming issues for next year and point out any challenges they foresee in 2013. 

Jim Nayes explained that he utilized the Forestry Work Plan identified by the Tree City USA program as a guideline for his work the past year. He stated he improved the sightlines along the roadways by clearing vegetation and that the roadways are in better shape than the past several years. He advised that along Charlton Road he pushed back the edges of vegetation over a period of time so that it was not a radical change for residents along the road. He noted that the Fire Department may wish to have more vegetation removed to allow access for emergency vehicles.

Mayor Williams commented that removal of vegetation has improved the condition of ditches adjacent to roadways.

The Forester stated there has been less oak wilt over the past two years.

Councilmember Conant asked for an update on Emerald Ash Borer. 

The Forester explained that it within the next 10 to 15 years there will be no ash trees within the City with the exception of those treated with insecticide. He noted that ash trees in the wooded areas will be gone. He advised that if residents wish to keep “legacy” trees that were planted for a special occasion, or larger ash trees that are part of landscaping on private property, they should begin treatment with insecticide. He noted that there are a number of green ash trees in the woodlands that will die and may create a fire hazard.

Councilmember Conant noted that without snow cover this year there may be a major risk for a potential fire in the woods. The Mayor agreed that this was the concern that prompted the Forester to point out areas where vegetation limits emergency vehicle accessibility.

Mayor Williams asked if residents should begin taking down ash trees. The Forester responded yes and stated he could provide educational materials and begin a pro-active outreach to residents. He suggested that he could prepare an article for the City newsletter about treating ash trees and information on removal of dead trees in wooded areas.    

The Forester recommended that he continue removal of less desirable trees along City roads and advise residents of trees that should be removed along private roads; he noted he is most concerned about emergency vehicle access for trees along Charlton Road, Sunfish Lane and Angell Road.

The Mayor asked if the Forester foresees any challenges in the next year or if the City could do anything to help improve his job in the future.

Mr. Nayes stated that he wished to inventory City trees 6-inches and larger and rate the trees for health and condition; he explained that there are not sufficient funds budgeted to complete this task and that it may be possible if volunteers could be recruited to assist him. He suggested that Council should determine if he should pursue the tasks related to advising residents regarding removal of ash and other trees along private roads for emergency vehicle access and completing the inventory and rating of trees with volunteer assistance.

Council concurred that the Forester has done an excellent job and thanked him for his report.

CITY ATTORNEY: Mayor Williams stated that Council has been very pleased with Attorney Kuntz and his sound advice on legal matters. The Mayor explained the information Council is requesting from the consultants; review their work plan for the past year, discuss any upcoming issues for next year and point out any challenges they foresee in 2013. 

The Mayor explained that he has concerns relating to what is on the horizon regarding water quality issues. He stated the City will receive calls from residents who are concerned about tree removal and fertilizing around the lakes. He noted that in the past the City has had limited authority to prohibit residents from removing vegetation or clear-cutting and using chemicals around the lakes.

Attorney Kuntz advised that in areas outside the shoreland areas, the City may regulate these activities by instituting erosion control requirements; however he is unsure if the City has utilized this power in the past. He noted that he has prepared land alteration ordinances for other cities. He explained that the Shoreland Ordinance was created from a model used by other cities and for the most part may not be have been used in the past. He explained that this issue may arise when staff reviews certain planning applications and when monitoring construction or remodeling applications they trigger a review by staff. He suggested that the City this issue should be discussed with the City Engineer.

The Attorney reviewed the work plan and strengths during the past year; 1) early discussion of the Deer Management Program was pro-active and a more civil discussion occurred; and 2) review of the Capital Improvement Plan (CIP) was a good exercise and gave a good financial perspective for Council during the budgeting process. He stated that he brings a good perspective on processes and valuable assistance on how to achieve goals for the City.

The Mayor stated that he values the Attorney’s opinion on timing issues to achieve goals. He asked if the Attorney foresees any areas of improvement during the next year.

The Attorney explained that in his opinion the City may wish to prepare an asset management and budget for any tasks they wish to undertake; such as tree removal from Musser Park and possibly preparing a 5-year plan to accomplish the task. He further suggested that discussion of any public improvements should begin early in the year in order to insure there is sufficient time to complete the task; he indicated that the year may be split into quarters and items for discussion occur during those time periods.

The Mayor concurred that identifying items for discussion during a quarterly schedule would be a good idea.

Councilmember Conant suggested setting up a quarterly calendar for the year. The Attorney agreed that this would allow sufficient time to discuss items so that Council may be pro-active.

Attorney Kuntz further suggested that Council hold discussion with the City Planner to walk through the application process and noted that it would also be a good exercise for Council to be refreshed on the process.

The Attorney recommended that communication methods should be used to advise residents of when a building permit is required and how to obtain a permit.

Councilmember Conant commended the City Attorney and stated that in his opinion he has served the City well and that he is very knowledgeable in advising Council of their options, but not offering an opinion.

Councilmember MacManus concurred and commented that the City Attorney always has valuable information that he provides at the drop of a hat.

Councilmember Hovey commented that the Attorney always provides valuable history relating to issues discussed.  

Council thanked the Attorney for his excellent service to the City and for his report. 

RECESS: Mayor Williams called for a brief recess for dinner at 6:00 p.m. Council reconvened at 6:15 p.m.

CITY TREASURER:   Mayor Williams explained the information Council is requesting from the consultants; review their work plan for the past year, discuss any upcoming issues for next year and point out any challenges they foresee in 2013. 

Treasurer Blair explained that his main job is to provide accurate information to Council to insure there are no surprises. He indicated that he does not foresee any major issues for the upcoming year. He pointed out that there were additional funds available that were slated for snowplowing and that Council could consider utilizing some of these funds for improvement projects. He commented that it would be valuable to utilize the funds rather than issue bonds for an improvement project such as Windy Hill Court.

Councilmember Conant commented that in his opinion the bond issue was not a good deal.  The Treasurer explained that the City is locked into a payment schedule for the Salem Church Road bonds, but that it would be wise to pay off the bond issue as soon as possible. He explained that the bank offered an early payment on the Acorn Drive bond issue because it went out of business.

Councilmember Hovey asked if there is anyway to change this and the Treasurer responded there is no way to change the period for the Salem Church Road bonds, but that the City may have some flexibility if bonds are issued in the future.

The Treasurer advised that the financial reporting has improved after meeting with the State Auditor and in his opinion the changes have improved and clarified the reporting process.

Councilmember Conant commented that it has been a pleasure working with the Treasurer and found him to be very knowledgeable, cooperative and accurate in his duties.    

The Treasurer reiterated that the City most likely will have additional funds available next year and it would be possible to use the funds possible infrastructure improvements or for early payment of the Salem Church Road bonds. He noted that the levy for 2013 is $6,500 less than last year. 

The Mayor thanked Mr. Blair for his patience and stated it was a pleasure working with him.

Council thanked the Treasurer for his report.  

CITY PLANNER: Mayor Williams explained the information Council is requesting from the consultants; review their work plan for the past year, discuss any upcoming issues for next year and point out any challenges they foresee in 2013. 

The Mayor requested that the Planner address to what extent the City can manage issues related to granting variances.

Planner Brixius commented that he agreed with Councilmember Conant on the issue of granting a variance for a solid wall fence should not be granted for architectural appearance. He indicated that the City should either not offer a solid wall fence or should define circumstances under which a solid wall fence would be allowed. He stated that when he meets with an applicant he attempts to set them on a course to be successful and advise them of an appropriate course of action. 

The Planner reviewed his memorandum dated November 29, 2012 and reviewed his discussions with the possible applicants for the four (4) properties listed.

The Planner advised that prior to the end of the year, the Planning Commission will discuss how to proceed with reviewing non-conforming building expansions and if a variance is granted, what conditions should be imposed.

Planner Brixius explained he would assign Michelle Barness to work with the City in order to provide service at a lesser rate; he stated that his support staff is very knowledgeable and Ms. Barness would work closely with him when processing applications.
Councilmember Conant expressed his disappointment during the review of the property at 345 Salem Church Road due to the fact that the Planner’s report didn’t address the three criteria in the recent variance law; he noted that economic factors were discussed that should not have been raised. He further advised that there was no documentation mentioned that the application was consistent with the Comprehensive Plan and noted that the application was clearly not consistent with the Comprehensive Plan.  He asked that future reports address the issue of consistency with the Comprehensive Plan.

The Planner agreed that he would include reference to the Comprehensive Plan in future reports. He explained that the City approved the subdivision of the lot and it became a legal lot of record. He stated that after the lot was created, the City adopted Shoreland Regulations that basically made the lot unbuildable when standard setbacks were applied. He explained that he told the applicants if they build within the non-conforming envelope they would meet all the rules and made an effort to discuss modification with the Planning Commission and Council. He noted that the variance application was for setback and would be based on the size and configuration of the lot. He advised that one of the Commissioners raised the issue of what would be allowed if this was a new structure on the lot. He commented that if Council wishes to maintain the size of the existing home on the lot, he would convey that to potential applicants.

Planner Brixius stated he would have resolutions prepared for Council review in conjunction with requests for action on planning items. He pointed out that his staff prepared dates for Council and Planning meetings for 2013 and noted there were a couple of holidays that may conflict with meeting dates; he explained this would be adopted at the regular meeting. 

Council thanked the Planner for an excellent job and for his report.

CITY ENGINEER: Mayor Williams explained the information Council is requesting from the consultants; review their work plan for the past year, discuss any upcoming issues for next year and point out any challenges they foresee in 2013. 

The Mayor explained that Council had completed the Capital Improvement Plan (CIP) which will be used as a tool for Council to determine upcoming improvement projects. He asked the engineer if he foresees any other areas where the City needs to do more prospective planning or management of projects in the future. 

Engineer Sterna advised that water quality will be an issue with the new regulations that will be forthcoming. He stated he is ready to prepare an action plan for the City.

Councilmember Conant asked if residents would be informed of upcoming meetings to discuss water quality issues and the Engineer responded yes; he noted he would discuss this further at the regular meeting later this evening.

The Engineer stated that infrastructure would be foremost during the next year; he pointed out that in 2014 the City proposes to do a street reconstruction and it would be wise to begin early discussions of this matter. He noted that the other two major areas he oversees during the year are snow plowing and maintenance of Charlton Road.

Mayor Williams expressed concern relating to water quality issues related to Sunfish Lake and other lakes. 

Engineer Sterna explained that regulations relating to water quality would be gradually imposed and that the intent of the regulations is not to put financial hardships on cities. He noted there will be funding opportunities for cities; however, he pointed out that Sunfish Lake is a private lake with no public access; he indicated that the City may receive grant monies, but may have to provide public access to receive the funds.

Councilmember Conant commented that most of the residents surrounding the lake may be able to absorb the costs.

The Engineer agreed and advised that he had discussions with the City Attorney regarding the City bonding or utilizing the 429 improvement process for improvements and assessing residents for the costs.

Engineer Sterna commented that he does not foresee any issues in the upcoming year. He noted that the City infrastructure is controllable.

The Engineer stated his strengths are years of experience with the City and that he understands the unique culture of the City; he further advised that his firm has an extensive background working with municipal transportation projects and an excellent working relationship with other government entities.

Engineer Sterna stated he would work to get his engineering reports out faster and to get responses back faster.

Councilmember Hovey commented that in his opinion the engineer has done a great job this year.

Councilmember Conant commented that the engineer should get his informational materials to Council earlier so that they can be reviewed prior to the meeting. He also commented that the firm has tended to conceal their fees and not stating them as a separate part of the improvement reports; he suggested that in the future the firm’s fees should be identified and discussed. 

The Engineer advised that in the future he would discuss the fees in the feasibility report.

Mayor Williams pointed out that the engineering fees are generally included in the feasibility report and are based upon an estimate or percentage of the total cost.

Councilmember Conant advised that the fee cannot be a percentage of the total cost.

Engineer Sterna explained that in the past it used to be a percentage of the project fees, but now it is based upon actual work related to the project. He advised that he would discuss the estimated costs more clearly in the future. 

The Engineer explained that some challenges would relate to preparation of feasibility reports. He noted that some residents may have concerns related to assessments for projects.

Councilmember Conant commented that the CIP is a big step forward for the City; he suggested that future reports factor in the probability that some projects may not be undertaken because there is only one home on the road.

Mayor Williams pointed out that if a road is identified for improvement it may not need to be re-built the same as it currently exists and may be improved in some other manner. The Engineer explained the purpose of the CIP is to identify the project and funding options; he pointed out that there are several factors to consider prior to determining what type of improvement should be done.

Council thanked the Engineer for his report and service throughout the year.  Mr. Sterna advised that Sunfish Lake was the first client for his company.        

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

3.   ADJOURN: Mayor Williams called for adjournment at 6:55 p.m.

__________________________                                      ___________________________

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