SUNFISH LAKE CITY COUNCIL MEETING – JANUARY 3, 2017
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Mayor: Richard Williams
Councilmembers: Mike Hovey, JoAnne Wahlstrom, Steven Bulach and Daniel O’Leary
City Attorney: Tim Kuntz
City Planner: Ryan Grittman
Engineer: Don Sterna
City Treasurer: Ann Lanoue
Building Inspector: Mike Andrejka
City Forester: Jim Nayes
Police Chief: Manila Shaver
City Clerk: Cathy Iago
and Members of the General Public.
1. CALL TO ORDER – ADMINISTER OATHS OF OFFICE TO NEWLY ELECTED OFFICIALS: Mayor-Elect Williams opened the meeting at 7:00 p.m.
Clerk Iago administered the Oaths of Office to Mayor Williams and Councilmembers Steven Bulach and Daniel O’Leary.
Mayor Williams called the meeting to order at 7:05 p.m.
2. APPROVE AGENDA: Mayor Williams asked if there were any additions or corrections to the agenda.
Councilmember Hovey moved to approve the agenda, seconded by Councilmember Wahlstrom.
In discussion, Clerk Iago explained she had two amendments to the agenda. She stated that Councilmember O’Leary was asked by former Mayor Molly Park if he would be interested in serving as the Council representative on the Noise Oversight Committee. She stated that Councilmember O’Leary was interested in serving on the NOC and should be appointed this evening in order to attend the January, 2017 NOC meeting. She asked that the appointment of Councilmember O’Leary be added to the agenda as Item 5.h. Appointment of Noise Oversight Committee Council Representative.
Clerk Iago also advised that Item 8.c. should read “Consider Scheduling an Open House on January 18, 2017” rather than a Public Hearing.
Mayor Williams asked if there were any other additions to the agenda and there was no response.
Clerk Iago suggested that the maker and second of the motion accept her amendments to the agenda and both agreed.
Councilmember Hovey moved to adopt the agenda as amended, seconded by Councilmember Wahlstrom and
3. CONSENT AGENDA: Mayor Williams asked if there were any questions or comments relating to any items on the Consent Agenda
Treasurer Lanoue distributed an amended List of Bills and explained that she added a payment to former Mayor Molly Park for the cost of the meals at the Special meeting in December and for postage for mailing the City newsletter.
Mayor Williams asked if there were any other changes and there was no response.
Councilmember Hovey moved approval of the Consent Agenda with the amended List of Bills, seconded by Councilmember Wahlstrom and carried. (5-0)
a. Special and Regular Council Meeting Minutes of December 6. 2016
b. Amended List of Bills
c. Monthly Financials
4. COMMENTS FROM THE PUBLIC: The Mayor asked if there were any comments from the public and there was no response.
5. 2017 STANDARD BUSINESS PROCEDURES: a. Appointment of Acting Mayor: Mayor Williams explained that the City Attorney advised that State Statutes require Council appoint a member to serve as acting-mayor in the absence of the Mayor at the first meeting each year.
The Mayor recommended the appointment of Councilmember Hovey as the senior member of the Council to serve as Acting Mayor in his absence in 2017.
Councilmember O’Leary moved to ratify the appointment of Councilmember Hovey to serve as Acting Mayor in the absence of the Mayor in 2017, seconded by Councilmember Wahlstrom and carried. (5-0)
b. Appointment of Planning Commissioners and Chair: Mayor Williams stated that a vacancy still exists on the commission due to the election of Councilmember O’Leary. He explained that he attempted to contact resident Shannon Nelson to determine if she was interested in filling the unexpired term of Councilmember O’Leary on the Commission to the end of this year, however, he had not yet received her response. He recommended that Tom Hendrickson be reappointed as Chair of the Planning Commission for 2017 and that Commissioners Beckett and Hansen be reappointed for three-year terms commencing January 1, 2017 thru December 31, 2019.
The Mayor pointed out that there was no Planning meeting scheduled in January to date and asked if he could appoint Shannon Nelson at the February meeting.
Attorney Kuntz responded that the appointment could be made at the February meeting. However, he explained that the Planning Commission must meet in January as State Statutes require the Commission to determine that the proposed 2017 Street Improvement project is consistent with the Comprehensive Plan. He explained that this is required since the project was ordered by Council.
Mayor Williams asked the City Attorney if Shannon Nelson could attend the January Planning Commission meeting although she was not formally appointed at this time.
Attorney Kuntz responded that the meetings are open to the public and that Ms. Nelson could attend, but could not participate in the meeting.
The Mayor asked if there were any further comments or questions and there was no response.
Councilmember O’Leary moved to ratify the appointment of Commissioner Tom Hendrickson to serve as Chair of the Planning Commission for 2017 and the reappointment of Commissioners Ginny Beckett and Shari Hansen to serve three-year terms commencing in January 2017 thru December 31, 2019, seconded by Councilmember Bulach and carried. (5-0).
c. Memo and Resolution Designating Official Newspaper: Mayor Williams referred to the memorandum from the City Attorney dated December 28, 2016 stating that Council must designate an official newspaper annually for publication of legal notices and public hearings. He also referred to the memorandum from Clerk Iago dated December 28, 2016 and the letter from the Lille Suburban Newspapers requesting the SouthWest Review be designated as the official newspaper for 2017.
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 2017 and that there was a slight rate increase this year of $.35 per column inch for each one-time publication and for each additional publication. She explained that this was the first increase in two years. She recommended appointment of the SouthWest Review as the official newspaper for 2017 and noted that this is the only local newspaper that serves Sunfish Lake.
The Mayor asked if there were any questions or comments and there was no response.
Councilmember Hovey moved to adopt Resolution No. 17-01 titled, RESOLUTION DESIGNATING THE SOUTH-WEST REVIEW NEWSPAPER AS THE OFFICIAL NEWSPAPER FOR THE CITY OF SUNFISH LAKE for 2017, seconded by Councilmember Bulach and carried. (5-0)
d. Memo and Resolution Designating Official Depositories for City Monies: Mayor Williams referred to the memorandum from the City Attorney dated December28, 2016 which explained that each year the City designates official depositories for City funds. He advised that the Wells Fargo Bank and Wells Fargo Advisors would be designated and that the Mayor, Acting Mayor, City Clerk and City Treasurer have the authority to draw checks, drafts or other orders for payment and may also transfer funds as necessary.
The Mayor asked if there were any further comments and there was no response.
Councilmember Bulach moved to adopt Resolution No. 17-02 titled, RESOLUTION DESIGNATING FUND DEPOSITORIES FOR THE CITY OF SUNFISH LAKE, seconded by Councilmember Wahlstrom and carried. (5-0)
e. Appointment of NDC4 Cable Commission Representatives: Clerk Iago explained that Councilmember Wahlstrom and resident Mike Kampmeyer currently serve as the representative’s to the Norther Dakota County Cable Communications Commission (NDC4) and recommended their reappointment for a two-year terms beginning January 2017 through January 2019. She explained that Mr. Kampmeyer had not yet been contacted to confirm that he wished to be reappointed. She suggested that the Mayor normally contacts the representatives to ask if they wish to be reappointed.
Councilmember Wahlstrom agreed to continue as the Council representative.
Mayor Williams stated he would call Mr. Kampmeyer to confirm his interest.
Councilmember Hovey moved to confirm the appointment of Councilmember Wahlstrom as the Council representative and Mike Kampmeyer to serve as the citizen representative to the Northern Dakota County Cable Communications Commission (NDC4) for a two-year term commencing January 2017 through January 2019, seconded by Councilmember Bulach and carried. (5-0)
f. Appointment of Weed Control Manager: Mayor Williams recommended the appointment of City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager for 2017 due to the fact that he has scientific knowledge of weeds.
Councilmember Bulach moved to approve the appointment of City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager for 2017, seconded by Councilmember Hovey and carried. (5-0)
g. Appointment of Watershed Management Organization Representative: Mayor Williams explained that he currently serves as the LMWMO representative and was formerly the president of the group. He advised that he wished to continue in that capacity and asked Council to ratify his appointment.
Councilmember Hovey moved to ratify the appointment of Mayor Williams to serve as the Council representative to the Lower Mississippi Watershed Management Organization (LMWMO), seconded by Councilmember Wahlstrom and carried. (5-0)
h. Appointment of Noise Oversight Committee (NOC) Council Representative: Mayor Williams stated that since Councilmember O’Leary had expressed interest in serving as the Council representative to the NOC he would recommend his appointment.
Councilmember Bulach moved to ratify the appointment of Councilmember O’Leary to serve as the Council representative to the Noise Oversight Committee (NOC), seconded by Councilmember Hovey and carried. (5-0)
6. PLANNING COMMISSION/PLANNER’S REPORT: a. Planner’s Report: Planner Grittman reviewed the following information listed in his report dated December 28, 2016:
West St. Paul Comprehensive Plan: The Planner stated that he reviewed the West St. Paul Comprehensive Plan with the amendment to rezone property from Industrial to Multi-Family and that he had approved the amendment with no objections on behalf of the City.
St Anne’s Church Sign Replacement: Planner Grittman stated that staff had approved an administrative permit to replace the existing sign at the church with a new sign. He advised that there are no plans at this time to change the lighting of the sign and the current lighting is grand-fathered in, however, the church representative explained they plan to change the lighting in the future.
27 Sunnyside Lane – Monument Fence and Address Sign: The Planner explained that the owners of the property applied for a Minor Site Plan review for the installation of a masonry fence and address sign. He noted that the Minor Site Plan review does not require Planning Commission or Council approval, only a review by staff. He also advised that there would be no gate installed as part of this project.
2040 Comprehensive Plan Update: Planner Grittman stated staff would begin work on the update this month.
Mayor Williams asked if the Planner had an update of the sport court lighting issue.
Planner Grittman stated the letter sent to the property owner gave a deadline of December 31st for removal of the lighting and that he would review the property to insure the lighting was removed.
Councilmember Hovey asked which area of West St. Paul would be rezoned.
The Planner stated the property was location on Marie Avenue near Charlton Street and would not negatively impact Sunfish Lake.
Building Inspector Andrejka asked that the Planner send him notification when the monument sign at 27 Sunnyside Lane has been approved and the Planner agreed to do so.
Councilmember Bulach asked if the monument sign would meet size requirements and be placed at the correct setback for the driveway.
Planner Grittman responded yes and explained that pending the Engineer’s review, all other staff had no objections to the proposal.
Engineer Sterna stated he had reviewed the proposal and had no objections, however, he recommended that a condition be attached which states that “the property owner would not be allowed to add a gate to the monument in the future”.
The Planner advised that he did not expect a gate to be installed as someone could simply walk around the gate to enter the property.
Councilmember Bulach asked why some properties were allowed to install gates.
Planner Grittman explained that a Conditional Use Permit is required if a gate is installed for privacy as there are issues with Police and Fire access that must be resolved.
Council thanked the Planner for his report.
7. STAFF REPORTS: a. BUILDING INSPECTOR: Inspector Andrejka stated that he issued three (3) and closed five (5) permits in December, 2016.
Council thanked the Inspector for his report.
b. CITY ENGINEER: 1. Engineering Activities Undertaken in December: A. Charlton Road Feasibility Report: Engineer Sterna explained that he would bring the preliminary design layout and associated costs to the February meeting. He stated that he identified two (2) areas along the road where “bump-outs” could be installed to accommodate parking of lawn service vehicles and to assist with traffic. He advised that financing of the project would be a challenge due to the proposed 2017 Street Improvement project and the outstanding bond issues.
B. Snow Plowing for November: The Engineer explained that he received two calls this past month relating to snow and icy conditions on the roads. He noted that he requested the streets be plowed to clear snow and ice during the warm spell before Christmas. He advised that he had requested the plowing company use salt when icy road conditions occur. She asked that Council or residents call him with road concerns. He commented that he found some icy spots on the roads when he drove them this evening and advised that chemicals may not be effective when the weather conditions are very cold.
Mayor Williams asked if the contractor would be able to treat the icy areas or possibly use sand.
Engineer Sterna explained that the icy conditions occur when the temperature gets warmer and the snow melting occurs. He commented that there are some slick areas on Salem Church Road near the stop signs that he would discuss with the contractor.
Councilmember Hovey advised that Charlton Road has some icy areas and asked that more sand be used.
The Engineer explained that he requested the contractor use more aggregate with the sand treatment and noted that it is difficult to treat gravel roads during the winter months.
2. Public Works Activities Undertaken in the Month of December: None
3. Anticipated Engineering Activities for January: A. Charlton Road Potential Improvements: Engineer Sterna stated he would bring the preliminary designs to the February meeting.
B. 2017 City Improvement Project: The Engineer requested that an Open House be held on January 18, 2017 from 5:30 to 6:45 p.m. to discuss the project with residents. He noted that Council had scheduled a Public Hearing on the Project at their February meeting.
C. Snow Plow Monitoring: Engineer Sterna explained he would continue to monitor the snow plowing in January.
4. Anticipated Public Works Activities for January: None.
Council thanked the Engineer for his report.
c. CITY FORESTER: Forester Nayes stated he issued two (2) burning permits in December. He advised that ice fishing had occurred on both Sunfish and Horseshoe Lake, although he was unsure if any fish were caught.
The Forester explained that he prepared and submitted the Tree City USA application and was notified that the application was approved for the 27th year as a Tree City USA city.
Forester Nayes advised that a citizen committee was formed to explore how to conduct a search and drain/remove project to eliminate mosquito breeding sites during early spring 2017. He noted that these breeding areas can harbor mosquitos that carry encephalitis. He referred Council to the Treeways article he prepared regarding this issue.
The Forester stated he checked and found that there were no fallen trees or branches after the Christmas Holiday rain and strong winds that occurred. He advised that he would be requesting Council authorize the Arbor Day Green Fair Celebration on May 6, 2017; he stated he had not yet determined the location or formal plans for the event at this time.
Councilmember O’Leary asked if the Forester had a plan for clearing the mosquito breeding areas.
The Forester explained that he would ask residents to search their properties for items that would hold water, such as beach toys, garbage cans, etc. which could act as breeding areas. He advised that he would recommend neighborhoods get together to prepare a plan and suggested that families work together to pick up items on their property. He asked that anyone interested in participating contact him.
Mayor Williams commented that reflecting pools cannot be emptied and asked what could be done to prevent breeding the pools.
Forester Nayes recommended using mosquito dunks which could be purchased at hardware stores.
Council thanked the Forester for his report.
d. PUBLIC SAFETY: Chief Shaver reviewed his report dated December 29, 2016 and advised there were two (2) false alarms this month but the total for the year was slightly less than last year. He stated that there was a burglary at the home construction site on South Robert Trail and that officers had conducted checks on a vacation home in town.
The Chief explained he was a victim of identity theft and recommended everyone use caution when ordering items from the internet.
Council thanked the Chief for his report.
8. NEW/OTHER BUSINESS: a. Discuss Addendums to Employment Agreements and Independent Contractor Agreements Between the City of Sunfish Lake and the City Clerk/Administrator, City Treasurer and City Forester: Mayor Williams explained that he and Councilmember Hovey had meet to discuss compensation for staff and he referred to the memorandum from the City Attorney dated December 28, 2016 and the recommendation for a 3 percent increase for all the positions as outlined in the memorandum.
The Mayor asked the City Attorney if the salary increases could all be handled with one motion from Council and Attorney Kuntz responded yes.
b. Consider Resolution Approving Addendum No.10 to Employment Agreement between the City and Catherine Iago for City Clerk Services and Addendum No. 8 to Independent Contractor Agreement between the City and Iago Consulting, LLC for Administrative Services; Addendum No.4 to Employment Agreement Between the City and Ann Lanoue for City Treasurer Services; and Addendum No.8 to Independent Contractor Agreement between the City and Living Sculpture Tree and Shrub Care, Inc. for City Forester Services: Mayor Williams read the title of the resolution approving the addendums to the employment agreements for the City Clerk, City Administrator, Treasurer and City Forester and asked if there were any questions or comments from Council and there was no response.
Councilmember Bulach moved to adopt Resolution No. 17-03 titled Resolution Approving Addendum No.10 to Employment Agreement between the City and Catherine Iago for City Clerk Services and Addendum No. 8 to Independent Contractor Agreement between the City and Iago Consulting, LLC for Administrative Services; Addendum No.4 to Employment Agreement Between the City and Ann Lanoue for City Treasurer Services; and Addendum No.8 to Independent Contractor Agreement between the City and Living Sculpture Tree and Shrub Care, Inc. for City Forester Services, seconded by Councilmember Wahlstrom and carried. (5-0)
c. Consider Scheduling Public Hearing on January 18, 2017 to Discuss the 2017 Proposed Street Improvement Project: Engineer Sterna requested that Council schedule an Open House not a Public Hearing on January 18, 2017 to discuss the proposed 2017 Street Improvement Project.
Mayor Williams asked if the meeting would be held at the Mendota Heights Fire Station.
Clerk Iago responded no and explained that because the Planning Commission regularly meets on that date, the City would not be charged extra to hold another meeting.
Councilmember Hovey moved to schedule an Open House to discuss the Proposed 2017 Street Improvement Project on January 18, 2017, seconded by Councilmember Bulach.
In discussion, Councilmember Bulach asked if all five (5) Councilmembers could attend the meeting.
Attorney Kuntz advised that Council would have to schedule a Special Meeting in order for all members to attend. He noted that there is sufficient time to post notice of a Special Meeting if all Councilmember wish to attend.
Clerk Iago advise that the motion could be amended to schedule a Special Meeting if the maker and second agreed.
There was discussion regarding the meeting time and Council and staff concurred that the meeting should be held from 5:30 to 6:45 p.m.
Councilmembers Hovey as maker of the motion and Bulach as second agreed to amend the original motion and schedule a Special Council Meeting on January 18, 2017 from 5:30 to 6:45 p.m. Motion as amended carried (5-0)
Attorney Kuntz advised that Council may only discuss the proposed street improvement at the meeting.
d. Consider Authorizing the City Forester to Conduct the Arbor Day Celebration Events on Saturday, May 6, 2017: Mayor Williams asked if there were any questions or comments on the City Forester’s request and hearing none, called for a motion.
Councilmember O’Leary moved to authorize the City Forester to conduct the Arbor Day celebration on Saturday, May 6, 2017, seconded by Councilmember Hovey and carried. (5-0)
e. Other: Mayor Williams asked if there was any further business.
Attorney Kuntz explained that one Councilmember advised she would not be present at the February meeting. He pointed out that a majority vote of four (4) Councilmembers is required in order to pass a resolution ordering the 2017 Street Improvement Project. He asked if any other Councilmembers plan to be absent from the February meeting and explained that if there are not four members present, the Council may proceed with the hearing but would have to delay the vote.
Councilmember O’Leary stated he would be absent in March but would be present in February.
Councilmember Hovey asked if project schedule would be delayed if the vote had to wait until March.
Engineer Sterna responded no.
The Mayor asked if there was any further business and there was no response.
9. ADJOURN: Mayor Williams adjourned the meeting at 7:40 p.m.
Catherine Iago, City Clerk Richard A. Williams, Jr., Mayor