SUNFISH LAKE CITY COUNCIL MEETING – DECEMBER 3, 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: Ann Lanoue

City Clerk:  Cathy Iago

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

2.   APPROVE AGENDA:       Mayor Park asked if there any additional items for discussion and there was no response. 

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

3.   CONSENT AGENDA:       The Mayor asked if there were any questions relating to any items on the Consent Agenda. She questioned the entry of $11,000 in delinquent taxes.

Treasurer Lanoue explained that was money collected for delinquent taxes and would be paid to the City; she indicated that the County would be sending a year end notice to the City regarding taxes collected.  She advised that the second half estimated amount would be $191,000 with paid assessments..

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

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

a.   Regular Council Meeting minutes of November 5, 2013

b.   List of Bills
c.   Monthly Financial Statements

4.   COMMENTS FROM THE PUBLIC: Mayor Park asked if there were any comments from the public and there was
no response.

5.   PUBLIC HEARING/PRESENTATIONS: a. Public Hearing to Consider Budget and Tax Levy for the Year 2014:

Mayor Park opened the public hearing at 7:15 p.m. for the purpose of reviewing and receiving comments relating to the proposed 2014 Budget and Tax Levy for the City of Sunfish Lake. She asked the Treasurer to review the proposed budget and tax levy for those present.

Treasurer Lanoue stated that tax capacity rates for the City taxes are reduced 3.69% and the overall tax capacity rate for all taxes would be reduced 3.92%. She advised the City proposes to levy the same dollar amount as last year and that Council adopted a “not to exceed” tax levy in September in the amount of $414,900. She noted there is a slight increase in the general levy, and a decrease in the debt levy. She advised that property taxes increased $800 and interest increased $1,160 over last year’s budget amounts, however; the bond fund levy decreased $800 and expenditures increased .03%.

The Treasurer advised that the street maintenance and snowplowing budgets were slightly decreased and the elections and the planning budget were slightly increased. She noted that the City must report the amount of sales tax paid in 2012 and that amount was $136.56. She explained that cities will be exempt from paying sales tax in 2014 and commented that the small amount saved would not significantly reduce the budget.
Treasurer Lanoue stated that the overall budget documents are similar to prior years and that Council would be requested to adopt the 2014 Budget and Tax Levy later on the agenda. She offered to respond to questions.

Mayor Park thanked the Treasurer for her presentation and opened the public hearing for any comments from the audience. There were no comments from the floor.

The Mayor called for a motion to close the public hearing.

Councilmember Bulach moved to close the public hearing at 7:15 p.m., seconded by Councilmember Hovey and carried. (5-0)

Mayor Park asked if there were any further comments or questions from Council and there was no response.

6.   PLANNING COMMISSION/PLANNER’S REPORT: Planning Report: Planner Barness reviewed the Planning report dated November 27, 2013.  She advised that the November Planning Commission meeting was cancelled due to a lack of applications. She reviewed the inquiries as listed in her report;

270 Salem Church Road – Potential subdivision of the property was reviewed and the interested party was advised that the property most likely would not meet the net lot area requirements upon subdivision. The interested party was provided a copy of the Subdivision Ordinance.

25 Windy Hill Road – Potential subdivision of the property was discussed with an architect. Review of the property file reveled that subdivision of this parcel was sought in the past and the application was withdrawn based on the fact that two subdivided parcels would not meet the net lot area requirement and a variance from area standards was not recommended by staff at that time. Staff provided the interested party additional zoning ordinance Comprehensive Plan materials for reference.

114 Salem Church Road – An assessor requested information on the site zoning and also asked if the City would be interested in purchasing the property located adjacent to Musser Park.  Staff advised that the Assessor City’s Comprehensive Plan does not currently proposes to acquire additional park and open space lands, but that the property owner could send a letter to Council posing the opportunity to purchase the parcel if they so desire.

240 Salem Church Road – An architect inquired about building a new home on an undeveloped property at this location.  Staff met with him to discuss the site, proposed project, zoning ordinance requirements and the review process. An application for a major site and building plan is anticipated within the next few months.

1 Grieve Glen Lane – Neighbors inquired about the landscaping activity at this location. Staff followed up with the homeowners who provided sketch landscape plans for review. Staff found that areas of the lawn were leveled, but no soil was excavated. Aldo landscape stone was replaced and additional plantings were installed, however none of the described activities required additional review from the City.

The Planner stated she was contacted by neighbors within the City regarding new construction happening in the community. She composed a letter for the most recent issues of the City newsletter reminding residents of allowed hours of operation in the community and the requirement that construction activity not obstruct street right-of-ways or drainage ways.  She noted that residents were encouraged to contact planning staff with additional questions or observations.

Planner Barness advised that she and the City Engineer conducted a final site inspection for the new home at 2250 Delaware Avenue and found that construction proceeded according to ordinance standards and project conditions of approval.  The Engineer had made recommendations regarding adding additional bio rolls and soil cover to further reduce erosion before ground cover appears in the spring, which the homeowner and builder agreed to implement. The Building Inspector issued a certificate of occupancy to the homeowners.

The Planner stated she revised the draft 2014 Application and Meeting Schedule discussed by Council at the November 5 meeting. She noted changes were made to accommodate the precinct caucuses in February and election night in November. She explained that the draft schedule was emailed to the Planning Commission for their review and that the City Attorney prepared a resolution for consideration later on the agenda.
Planner Barness advised that the December Planning Commission meeting would be cancelled due to lack of applications.

The Planner stated she forwarded a letter to the Met Council summarizing observed discrepancies between their 2040 Preliminary Forecasts for population, households and employment in Sunfish Lake and development potential as provided in the 2008 Sunfish Lake Comprehensive Plan. Staff requested that the Met Council make an effort to adopt their projected growth to better coincide with the city’s own analysis of future development in the community.

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

Council thanked the Planner for her report.

7.   INSPECTOR’S REPORTS:  a.  Building Inspector: Inspector Neameyer stated that seven (7) permits were issued in November and twenty (20) permits were closed. He advised that a permit for demolition was received from Kamish for the property at 2078 Charlton Road and that it in his opinion the property clean-up negotiations went smoothly thanks to the Mayor meeting with the property owners.

Mayor Park thanked the Building Inspector and also Councilmember Bulach for his assistance with the property.

Council thanked the Inspector for his report.

b.   CITY ENGINEER: Engineer Don Sterna reviewed his report dated November 26, 2013.

MnDOT TH 110 Improvements: The Engineer stated he contacted Jon Solberg with MnDOT and reminded him of the Council concerns about access modifications at Sunfish Lane.   He explained that no further plans or concepts have been developed at this time and the project is slated for 2017; he stated he would stay in touch with Mr. Solberg on this matter.

Snow Plow Contract – Engineer Sterna advised he has the contract for the Mayor’s signature.

Public Works Activities Undertaken in the Month of November: Engineer Sterna stated that he was contacted in November and advised that the east bound stop sign at Windy Hill Road was missing; he contacted Safety Signs to replace the sign.

Snow Plow Monitoring: The Engineer advised he would be monitoring snow and ice removal on City Streets; he asked that he be contacted by cell phone if Council or residents have concerns.

Anticipated Engineer/Public Works Activities for the Month of December: 2014 Street Improvement Project:  The Engineer stated he would be finalizing the improvement plans and specifications for construction to be presented at the January Council meeting for review and approval. 

Councilmember Bulach asked if the project would go to bid after approval in January. The Engineer responded yes and advised that the bids would be received in February and could be awarded in March so that construction could begin in early spring.
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The Mayor asked if there were any comments or questions and there was no response. 

Council thanked the Engineer for his report.

c.   CITY FORESTER: Forester Nayes advised that he issued one (1) burning permit since his last report. He stated he removed several dead elm trees in the right-of-ways adjacent to Salem Church Road and Charlton Road.  He explained that he continued the project of removing wilding ash trees in the right-of-ways adjacent to City streets at two locations along Salem Church Road and that by removing these trees allows the City to do so in a safe, predictable fashion and within normal budgetary constraints.  He noted there are substantial numbers of ash trees on private property within the City.

The Forester stated that he would walk through the City to survey for emerald ash borer infestations as they are easier to locate once the leaves have fallen from the trees; he advised that no know infestations have been identified in West St. Paul or Mendota Heights and those cities are also carefully watching for the infestation.     

Council thanked the Forester for his report.

d.   PUBLIC SAFETY: Mayor Park thanked Chief Shaver for his assistance with the property at 2078 Charlton Road and for his newsletter article with safety tips for the holiday season.

Chief Shaver reviewed his report dated November 27, 2013 and noted that the false alarms were higher than last year, but will only slightly exceed last year’s total.

Council thanked the Chief for his report.

8.   NEW/OTHER BUSINESS:   a. Consider Resolution Adopting the Tax Levy for Collection in the Year 2014; and,  b. Consider Resolution Adopting the General Fund Operating Budget for 2014: The Mayor asked if there were any further comments or questions regarding the tax levy or budget for 2014 and there was no response.

Treasurer Lanoue advised that Council should adopt the proposed 2014 General Fund Operating Budget resolution, with the amount of $457,305, prior to adopting the 2014 Tax Levy resolution.  

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

Councilmember Hovey moved to adopt Resolution No. 13-16 titled RESOLUTION ADOPTING THE GENERAL FUND OPERATING BUDGET FOR THE CITY OF SUNFISH LAKE FOR THE YEAR 2014, in the amount of $457,305,  seconded by Councilmember Bulach and carried. (5-0)

Councilmember Wahlstrom moved to adopt Resolution No. 13-17 titled RESOLUTION LEVYING AND ADOPTING THE TAX LEVY FOR COLLECTION IN THE YEAR 2014 in the amount of $414,900, seconded by Councilmember DeCourcy and carried. (5-0)

c.   Consider Resolution Setting Dates for the Regular City Council Meetings for 2014: Attorney Kuntz presented the proposed resolution setting the dates for the Regular City Council meetings for 2014; he explained that two (2) changes were made to the schedule: the February meeting was delayed one day due to precinct caucuses being held on the first Tuesday of that month and the November meeting was delayed one day due to the fact that the first Tuesday in November is election day. He advised that Council should adopt the resolution as presented if no further changes are suggested.

Councilmember Wahlstrom noted that she would be absent for the January meeting and the Mayor stated she would also be absent.

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

Councilmember Hovey moved to adopt Resolution No. 13-18 titled, RESOLUTION SETTING DATES FOR THE REGULAR CITY COUNCIL MEETINGS FOR 2014, seconded by Councilmember Wahlstrom and carried. (5-0)

d.   Consider Resolution Setting Dates for the Regular Planning Commission Meetings for 2014: Attorney Kuntz explained that Council normally refers action on this item to the Planning Commission at their regular meeting in January.

The Planner stated she would present the resolution to the Commission at their next meeting.

Councilmember concurred to forward the resolution to the Planning Commission for their consideration at their regular meeting in January.

e.   Consider Resolution Supporting Grant Application for Election Assistance for Individuals with Disabilities (EAID) for Improvements to Polling Place at St Anne’s Church: Clerk Iago referred to her report dated November 27, 2013 requesting consideration of Council support for a grant application for Election Assistance for Individuals with Disabilities (EAID) from the Minnesota Secretary of State’s Office. 

The Clerk explained that the polling location in the City of Sunfish Lake at St. Anne’s Episcopal Church does not have automatic door openers to accommodate access for individuals with disabilities from entering and exiting the polls on Election Day.  Staff has been working with St. Anne’s Church Rector Lydia Huttar Brown to process the application.

Clerk Iago stated that the grant application requires that the political subdivision submit a resolution in support of the grant application and, if applicable, list any monies the governing body wishes to appropriate for the project.  She advised that the draft resolution only supports the submission of the grant application; it does not specify any monetary contribution from the City.  She noted that if Council wishes to make a monetary contribution to the project, staff could amend the resolution to include a donation from the City.

The Clerk explained that if the grant is awarded, the City would be responsible for administering the funds and the Church would be responsible for hiring the contractor to perform the work.  She noted the work must be completed before August 14, 2014, which is the date of the Primary Election.   She stated the grant application must be submitted by December 4, 2013 and the State plans to notify grantees of the awards by January, 2014.

Mayor Park asked if it was mandatory for the City to make a donation toward the project.  The Clerk responded no and explained that the grant monies awarded may not cover the entire project and the Church would then be responsible for covering the additional costs.

There was discussion by Council regarding a possible contribution to the project at a later date and the Clerk advised that would be an option.

The Clerk explained that if the grant is awarded, she would advise Council prior to proceeding with entering a contract with the Church to complete the project. She advised that if the Church was unable to find the additional funding for the project, the City would return the grant monies to the State of Minnesota.

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

Councilmember Hovey moved to adopt Resolution No. 2013-19 titled, RESOLUTION SUPPORTING THE APPLICATION FOR ELECTION ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES (EAID) GRANT PROGRAM FROM THE STATE OF MINNESOTA OFFICE OF THE SECRETARY OF STATE, seconded by, Councilmember Wahlstrom and carried. (5-0)

f.    Discuss Sunfish Lake Proposed Statement Relating to R-NAV System: Mayor Park distributed her notes from the November 20, 2013 Special meeting that was held to discuss issues relating to the proposed R-NAV system.  She explained that the City currently has no direct representation on the Noise Oversight Committee (NOC) and would request a seat on this committee. She gave a brief description of how the R-NAV system operates.  She noted that the issues for residents of Sunfish Lake pertains more to noise “fatigue” from the number of planes directed over the City versus the noise “decimal” factors. 

The Mayor stated that she and Councilmember Hovey conducted the meeting to gather residents concerns and that she has asked the City Attorney to assist with composing a formal resolution listing the concerns and addressing the City’s requests for a seat on the NOC; she stated the resolution would be presented for Council review at the next meeting.

Mayor Park further advised that the Chair of MAC, Jeff Hamiel, sent a letter to the FAA in February, 2013 requesting that they listen to citizens and to receive feedback on the impact of the proposed airport procedures. She explained that other cities have gathered forces to obtain legal counsel and are attempting to secure funding to pay the fees for representation.   She asked that Council review the information and that a formal resolution would be forthcoming for their approval.

Attorney Kuntz explained that Council should consider authorizing staff to prepare a formal resolution for consideration at the next meeting.

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



Councilmember Bulach moved to authorize the preparation of a formal resolution by the City Attorney for consideration at the next regular meeting, seconded by Councilmember DeCourcy and carried. (5-0)    

g.   Report on 2013 Deer Management Program:  Mayor Park displayed a copy of Time magazine showing a deer on the cover with the headline “America’s Pest Problem”.

Councilmember Hovey reported that Investigator Muellner reported fifteen (16) deer were shot by the Metro Bow Hunters group and 12 were recovered; nine antlerless and 6 antlered deer. He explained that female deer may also have antlers. He stated that the Metro Bow Hunters have completed their designated hunting occasions and that residents may continue to hunt until December 31, 2013. He advised that residents have reported shooting three (3) deer, but he was unsure if they were does or bucks.

Mayor Park advised that the Time magazine article talked about how the deer were endangered species and now the population has exploded and causes problems for many areas.

Councilmember Hovey pointed out that the City may wish to conduct another hunt next year since the deer population in the City remains higher than the City should support or may wish to wait and hold another hunt in two years.

Councilmember DeCourcy pointed out that the deer congregate in winter and it may be wise to conduct the count earlier in summer or fall.  Councilmember Hovey stated Council could consider that option and would have to obtain a special permit from the DNR.

Councilmember Bulach asked Chief Shaver what is done if the deer is reported shot but not found.

Chief Shaver explained that such occurrences could be based on the inaccuracy of the shooter. He also noted that snow could cover the blood trail if the deer was only wounded and that could be the reason no deer carcass was found.  He pointed out that no complaints were received this year relating to the hunt.

Council thanked Councilmember Hovey for his report.   

h.   Other/New Business:  Consider Approval of Tree City USA Application: Forester Nayes explained that he wished authorization to make application for Tree City USA for the City of Sunfish Lake. He noted that the City has been designated a Tree City for the last 22 years and that no fee is required to do so. He asked for authorization for the Mayor to sign the application.

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

Councilmember Hovey moved to authorize the Mayor to sign the Tree City USA Application on behalf of the City of Sunfish Lake, seconded by Councilmember Wahlstrom and carried. (5-0)

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

9.   ADJOURN: Councilmember Wahlstrom moved for adjournment at 7:53 p.m., seconded by Councilmember Hovey and carried.  (5-0)


___________________________                              ___________________________
Molly Park, Mayor                                                       Catherine Iago, City Clerk