- DRAFT –
SUNFISH LAKE CITY COUNCIL MEETING – DECMEBER 6, 2022
7:00 P.M. – ONLINE MEETING
Attendants:
Mayor: Dan O’Leary
Councilmembers: Mike Hovey, Shari Hansen, and Ginny Beckett
City Attorney: Tim Kuntz
City Planner: Lori Johnson
City Engineer: Jeff Sandberg
City Treasurer: Ann Lanoue
Building Inspector: Mike Andrejka
City Forester: Jim Nayes
Police Chief: Brian Sturgeon
City Clerk: Cathy Iago
and Members of the General Public.
Councilmember Steven Bulach was absent.
1. CALL TO ORDER: Mayor O’Leary called the meeting to order at 7:00 p.m. On behalf of the entire Council, he extended his sincere thanks to Councilmember Beckett for serving the unexpired term of former Councilmember JoAnne Wahlstrom. He stated that Ginny was a valuable member of the group and that everyone truly appreciated her service.
Councilmember Beckett thanked Mayor O’Leary for his kind words.
2. APPROVE AGENDA: Mayor O’Leary asked if there were any additions or corrections to the agenda and there was no response.
Councilmember Hovey moved to adopt the agenda as presented, seconded by Councilmember Hansen and carried. (4-0)
3. CONSENT AGENDA: Mayor O’Leary asked if there were any questions or comments relating to any items on the Consent Agenda.
Councilmember Hovey questioned the expenditure of $36,800 to the Fire Service.
Treasurer Lanoue explained that this was the second half payment to the Fire Department and that the payment is made twice a year.
Mayor O’Leary noted that the False Alarms were slightly lower than last year and asked that residents be mindful about setting and disarming their alarms. He asked Chief Sturgeon about extra patrols in a neighborhood due to threats received and asked if there was any danger to residents.
Chief Sturgeon responded no and explained that it was an isolated incident. The Chief’s connection to the Zoom meeting was disabled at this time.
Clerk Iago explained that the Chief wished to discuss a possible amendment to the Deer Hunting Ordinance.
Councilmember Hovey explained that he had been discussing the issue of non-resident hunters being allowed to hunt on property within the City with the permission of the property owner.
Mayor O’Leary commented that he was not opposed to friends hunting on property in the City as long as that person meets all the same qualifications that the Metro Bowhunters and residents must meet.
Attorney Kuntz questioned if the landowner must also meet those qualifications or just the invitee.
Mayor O’Leary stated that the person hunting should be required to meet the same standards as outlined in the contract.
Councilmember Hovey stated that it is his opinion that the qualifications in the City Ordinance should match those included in the contract with the Metro Bowhunters agreement.
Council concurred with Councilmember Hovey’s opinion and Mayor O’Leary asked Councilmember Hovey to work with the City Attorney to develop appropriate language for inclusion in the Ordinance amendment.
There was discussion relating to whether or not the ordinance should contain language to allow hunting on smaller acreage.
After a brief discussion, Council concurred to allow Councilmember Hovey, Attorney Kuntz, and Sgt. Matt Muellner to draft an ordinance amendment for Council review.
Chief Sturgeon pointed out that under the current ordinance, a non-resident bowhunter could hunt on land under 10 acres and questioned if that should be changed.
Council concurred that the City ordinance should be amended to allow a safe hunting environment and that anyone hunting within the City should have the same qualifications to hunt as those specified in the Metro Bowhunters contract.
Councilmember Hansen noted that the dates and rules should be the same for anyone hunting within the City limits.
There was further discussion relating to the appropriate acreage to allow hunting and whether or not the 10 acre rule for resident hunting should be reduced.
Mayor O’Leary recommended it be at least 2.5 acres and that smaller properties could band together with adjacent neighbors to meet the requirement.
Councilmember Hovey stated that he would work with staff to prepare a draft ordinance for review at the January meeting.
Chief Sturgeon explained that the incident Mayor O’Leary questioned earlier related to a neighbor dispute and not a general threat to residents.
Mayor O’Leary asked if there were any further questions or comments and there was no response.
Councilmember Hansen moved approval of the Consent Agenda as presented, seconded by Councilmember Beckett and carried. (4-0)
a. Regular Council Meeting Minutes of November 1, and Special Meeting Minutes of November 15, 2022
b. List of Bills
c. Monthly Financial Statements
d. Receive Building Inspector Report
e. Receive Forester Report
f. Receive Public Safety Report
4. COMMENTS FROM THE PUBLIC: The Mayor asked if there were any comments from the public and there was no response.
5. PUBLIC HEARING/PRESENTATIONS: a. Public Hearing to Consider City Budget and Tax Levy for the Year 2023: Mayor O’Leary opened the meeting for the purpose of a public hearing to discuss the proposed 2023 General Fund Budget and Tax Levy for the City of Sunfish Lake.
Attorney Kuntz explained that in September the City set a Not-to-Exceed Tax Levy and filed that information with Dakota County. He stated that the City has the ability to reduce the proposed tax levy after conducting a public hearing in December to receive public input. He noted that once the Not-to-Exceed Tax Levy is adopted by Council in September it may not be increased, however, it may be reduced. He advised that Treasurer Lanoue would review the proposed budget and tax levy for 2023 and then the meeting would be opened to receive public comments or questions.
Treasurer Lanoue explained that the process to compile the budget documents begins in July when staff submits information and requests for expenditures proposed for the upcoming year. She explained that Council initially discussed placing additional funds into the City reserve funds, however, Council now recommended that no additional funds be placed into reserves. She noted that this decision by Council reduces the original proposed budget from $766,541 to $659,599 for a 10.45% decrease in levy dollars.
Mayor O’Leary explained that Council cannot reduce the Bond Levy, therefore, Council reduced the general levy dollars.
Treasurer Lanoue stated that the property tax would be reduced to 12.9%. She advised that the proposed budget expenditures requested for 2023 included the following:
- An audit of City funds, and also a review and audit of the escrow accounts
- Purchase of new financial software for government accounting
- Increase in Planning fees due to the Zoning Ordinance Updates and Escrow Issues
- Increase in the Forester budget for special projects and supplies
- Increase in cost for new City Prosecuting Attorney
The Treasurer stated that the Tax Levy amount for 2023 to be considered by Council this evening would be $659,599. She offered to respond to questions.
Mayor O’Leary noted that residents may have already received an estimated property tax document from Dakota County for 2023, however, the dollar amount proposed for the City of Sunfish Lake taxes would be reduced if Council adopts the proposed amount this evening.
The Mayor asked if there were any comments or questions form the public and there was no response.
Treasurer Lanoue stated that after Council adopts the proposed resolution, the 2023 Budget would be $813,421.00 and that she would certify the 2023 Tax Levy of $659,599 to Dakota County prior to December 28, 2022.
Mayor O’Leary asked if Council should adopt the resolution at this time or wait until later on the agenda.
Treasurer Lanoue pointed out that Council should pass the proposed budget resolution prior to adopting the tax levy resolution.
Councilmember Hovey suggested that the public hearing be closed prior to taking formal action.
Mayor O’Leary closed the public hearing at 7:30 p.m. He asked if there were any questions from Council and there was no response.
Mayor O’Leary moved to adopt Resolution No. 22-21 titled, RESOLUTION ADOPTING THE GENERAL FUND OPERATING BUDGET FOR 2023, in the amount of $813,421, with a tax levy in the amount of $659,599, seconded by Councilmember Hovey and carried. (4-0)
Mayor O’Leary moved to adopt Resolution No. 22-22 titled, RESOLUTION LEVYING AND ADOPTING THE TAX LEVY FOR COLLECTION IN THE YEAR 2023, in the amount of $659,599, seconded by Councilmember Hansen and carried. (4-0)
6. PLANNER’S REPORT: a. Planner’s Report: Planner Johnson stated that there would be no Planning Commission meeting in December due to lack of applications. She reviewed the following information listed in her report dated December 6, 2022:
- 300 Salem Church Road: Councilmember Bulach worked with the property owners to negotiate a settlement regarding the outstanding escrow for this property. The property owners agreed to pay $1,000 of the outstanding escrow and they will present a check to Councilmember Bulach upon his return from vacation.
- 205 Salem Church Road: The property owners have submitted an application for a Major Site Plan review of this property following Council discussion at the November meeting regarding the clear cutting on this property. The property owner submitted the application fee, escrow fee and an additional $250 for doing work without property permits.
Mayor O’Leary explained that although the $250 fee for working without a permit does not appear to be excessive, the property owner will also be billed for the Planner and Engineer’s time to investigate this project. He commented that this could result in a penalty close to $6,000 for staff time. - 245 Salem Church Lane: Staff explained that an escrow agreement was negotiated for this property so that the property owners were allowed to occupy the site prior to all the work being completed. Staff has completed a final inspection and is prepared to release the remaining escrow for the property to close out this project. A check will be mailed to the property owner.
Mayor O’Leary explained that the Planner established procedures that would trigger a reminder to staff to request additional escrow when the initial escrow amount reaches a certain dollar figure so that escrow issues and disputes do not occur in the future. He stated that in the future, the City would notify the property owner that the outstanding escrow amounts would be assessed to their taxes and that they could appeal the assessment if they so desire.
There was discussion regarding whether or not the City Code must be amended prior to taking action to assess an outstanding escrow amount to property taxes. Planner Johnson stated that the current Ordinance includes language relating to assessing the escrow payment and may not require an amendment.
The City Attorney agreed to research the matter to determine whether a clarification is required.
Council concurred that using this procedure for future escrow disputes would be preferrable.
- 11 Salem Lane: There was discussion at a prior meeting regarding interior demolition work that occurred on this site and staff explained that permits are not required for interior demolition. The property owner and applicant have submitted an application for a Major Site and Building Plan review in order to construct a new home on this property. However, they did not submit the fee, escrow or any plans to review. Staff indicated that they need to see a very rough first draft of plans prior to conducting a meeting to discuss the proposal and provide guidance.
Planner Johnson further stated that she was contacted by Councilmember Hansen regarding the fact that the garage door on the home was open. Planner Johnson advised her that the contractor stated they would talk to the property owner.
- Ordinance Updates: Staff will be working on the ordinance updates and several chapters have been redlined for the Mayor to review.
- Development Application Schedule: The Development Application Schedule was composed with assistance from Clerk Iago to ensure meeting dates are correct. Planner Johnson asked if Council wished to adopt the resolution at this time or wait until later on the agenda. Council concurred to wait until later on the agenda.
- Metropolitan Council 2022 System Statement: Every community in the seven-county metropolitan area received a “system statement” to review. This document is required by state law and is intended to help communities review and, if necessary, amend their local comprehensive plans. This document is for information only and does not require any formal action by Council. There were minor changes to Bike Trails but nothing that would impact Sunfish Lake.
Mayor O’Leary asked if there were any questions and there was no response.
Council thanked the Planner for her report.
7. ENGINEER’S REPORT: Engineer Sandberg referred to his report dated November 30, 2022 and reviewed the following:
1. Engineering Activities Undertaken in November: A. Staff is still working on statute language for the signage with the City Attorney.
Mayor O’Leary asked Attorney Kuntz if he was working on constitutional issues.
Attorney Kuntz responded yes and stated he also sent the information to the Police Chief for his review.
2. Building and Site review in the Month of November: A. Staff conducted reviews for the following properties:
- 245 Salem Church Road: Staff conducted an inspection for final project close-out and received documentation to allow the final Certificate of Occupancy to be issued as well as release of the remaining escrow funds.
- 15 Sunnyside Lane: Staff was requested to provide a site visit to inspect erosion controls prior to start of construction. The work was started in early November and several calls were received from concerned residents. Staff provided an update to Council and assured residents that the work was permitted. Staff further explained to those concerned
that they were working with the contractor to ensure adherence to the approved plans.
- 205 Salem Church Road: Staff received a wetland plan, a tree plan, and an application for Major Site and Building Plan with an escrow check. This will be reviewed in the coming weeks.
3. Public Works Activities Undertaken in the Month of November: Staff worked with the contractor on snow removal and addressing areas of concern by residents.
4. Anticipated Engineering and Public Works Activities for December: Staff will work with the City’s snowplowing contractor to ensure the roads remain safe for travel. If residents find areas on City streets that need additional attention, they should email the contractor at
Councilmember Hovey explained that there was a huge pile of snow at the north end of Charlton Road and questioned if MnDOT was responsible or the City contractor.
Engineer Sandberg advised that MnDOT was responsible for that area since it is their right-of-way adjacent to Highway 62. He advised that he had discussed the matter with the City contractor and he agreed to watch and monitor that area. The Engineer stated that if this continues he will call MnDOT, however he was not optimistic that they would do anything since there may be different employees plowing on different days.
Mayor O’Leary asked the Engineer to write a letter to MnDOT for his signature. The Mayor will forward it to the head person at MnDOT to request they do not pile snow in that area. The Mayor commented that if it continues after the letter is sent, he would call MnDOT.
Engineer Sandberg agreed to draft the letter for Mayor O’Leary and offered to respond to questions.
Council thanked the Engineer for his report.
8. NEW/OTHER BUSINESS: a. Consider: 1. Resolution Adopting the General Fund Operating Budget for 2023; and 2. Resolution Adopting the Tax Levy for Collection in the Year 2023: Mayor O’Leary noted that these resolutions were adopted earlier in the meeting.
b. Consider: 1. Resolution Setting Dates for the Regular City Council Meetings for 2023, and 2. Resolution Setting Dates for the Regular Planning Commission Meetings for 2023: Mayor O’Leary asked if there were any questions regarding the dates for the City Council meeting. He explained that the resolution setting the dates for the Planning Commission meetings would be adopted by the Commission at their first meeting in 2023.
Mayor O’Leary moved to adopt Resolutions No. 22-23 titled, resolution setting dates for the regular city council meetings for THE YEAR 2023, seconded by Councilmember Hansen and carried. (4-0)
c. Consider Resolution Setting Dates for the 2023 Planning & Land Use Application Deadlines: Mayor O’Leary asked if there were any questions regarding the dates for the 2023 Planning and Land Use Application Deadlines and there was no response.
Mayor O’Leary moved to adopt Resolutions No. 22-24 titled, RESOLUTION SETTING DATES FOR THE PLANNING AND LAND USE APPLICATION DEADLINES FOR THE YEAR 2023, seconded by Councilmember Hovey and carried. (4-0)
d. Consider Resolution Approving the Adoption of Dakota County All-Hazard Mitigation Plan: Mayor O’Leary referred to the memorandum from Police Chief Sturgeon dated December 6, 2023, regarding adopting the proposed resolution approving the adoption of the Dakota County All-Hazard Mitigation Plan.
Chief Sturgeon explained that every five (5) years the County updates the All-Hazard Mitigation Plan. He stated that a draft of the plan was authorized by the County in February. He stated earlier this year that Council had adopted a resolution supporting Dakota County to proceed with updating the plan. He noted that Dakota County works jointly with Minnesota Homeland Security and FEMA and also seeks their approval of the plan. He noted that all jurisdictions in Dakota County agreed to formally adopt one plan thus reducing the need for each jurisdiction to develop their own individual plan. He explained that if the City does not adopt the Dakota County Plan, they would not be eligible for Federal or State emergency funds in the event of a disaster. He recommended Council adopt the proposed resolution.
Mayor O’Leary asked if there were any questions and there was no response.
Mayor O’Leary moved to adopt Resolution No. 22-25 titled, resolution approving the adoption of Dakota county all-hazard mitigation plan, seconded by Councilmember Beckett and carried. (4-0)
e. Consider Resolution Designating the Polling Place for the 2023 Elections in the City of Sunfish Lake: Clerk Iago explained that State Statutes require adoption of a resolution designating the City polling location for the upcoming year. She explained that the City does not conduct elections in odd years, unless a special election is required. She recommended Council adopt the proposed resolution.
Mayor O’Leary moved to adopt Resolution No. 22-26 titled, resolution designating the polling place for 2023 elections in the city of sunfish lake, seconded by Councilmember Hansen and carried. (4-0)
Mayor O’Leary noted that Council would be conducting “In-Person” meetings beginning in 2023 at First Calvary Baptist Church and asked if Council concurred with resuming in-person meetings.
Council concurred to conduct in-person meet6ings.
The Mayor stated that the issue of on-line meetings could be re-addressed if there is a surge in Covid cases.
f. Discuss Escrow Accounts 2020, 2021, and 2022: Mayor O’Leary explained that Treasurer Lanoue had been working a substantial amount of time on the budget and tax levy presentation and was unable to complete the review of the 2020 through 2022 escrow accounts. He asked that this matter be placed on the January 3, 2023 Agenda for discussion since Council wished to pursue an audit early next year.
Clerk Iago agreed to place the matter on the January 3, 2023 agenda.
g. – Typing Error - No “g” Listed on Agenda
h. Consider Authorizing the Expenditures of $350 for the LMC Registrations for Newly Elected Officials Class: Mayor O’Leary recommended that Council authorize the expenditure of $350 for newly-elected Councilmember Shannon Nelson to attend a training seminar for newly-elected officials in 2023. He asked if there were any questions and there was no response.
Mayor O’Leary moved to authorize the expenditure of $350 for newly-elected Councilmember Shannon Nelson to attend a seminar sponsored by the League of Minnesota Cities in 2023, seconded by Councilmember Hansen and carried. (4-0)
i. Conduct Evaluation of City Clerk Candidates and City Clerk Position: Mayor O’Leary explained that Council would be entering a closed meeting session to discuss and evaluate the candidates for the City Clerk position. The meeting was closed to the public at 8:20 p.m.
Council returned to the regular meeting at 9:20 p.m. Mayor O’Leary asked the two (2) City Clerk candidates to provide a brief summary of their educational background and employment history for the Councilmembers present.
Candidate Lorri Smith, former City Clerk in Mendota Heights and Candidate Christy Wilcox, former City Clerk in South St. Paul, each provided a brief overview of their educational and government employment history.
Mayor O’Leary stated that Council would again be entering a closed meeting session to further discuss the candidates for the City Clerk Position. The meeting was closed to the public at 9:35 p.m.
Council returned to the regular meeting at 9:40 p.m.
Mayor O’Leary explained that Council had authorized the Mayor to make a conditional job offer to one of the candidates, subject to a final vote by Council at the January 3, 2023 meeting. He thanked both candidates for providing their background information to Council and for their interest in the City Clerk position.
The Mayor thanked both candidates for their patience and expressed appreciation on behalf of the Council for their interest in the City Clerk position. He commented that it was a difficult decision as both candidates were extremely well qualified.
j. Other/New Business: Mayor O’Leary asked if there was any further business.
Councilmember Beckett questioned if the City has the ability to use City funds for a retirement party for Clerk Iago.
Attorney Kuntz explained that generally the City is allowed to use funds for employee recognition and to conduct a reception for retirees. He suggested that a policy be developed that outlines the regulations for such events, such as a retirement party for an employee that has served 10 years or more. He suggested that the policy be included in the City Ordinances and that he would work on preparing the ordinance relating to employee recognition and the special circumstances for conducting the event for the January meeting.
The Mayor asked if there was any further discussion and there was no response.
9. ADJOURN: Mayor O’Leary adjourned the meeting at 9:50 p.m.
____________________________ ________________________________
Catherine Iago, City Clerk Dan O’Leary, Mayor
We are a small community proud of our heritage and committed to the preservation of our pristine, rural character. We cherish our privacy, yet know we are part of a thriving Dakota County and the greater Twin Cities metropolitan area. With these partnerships in mind, we strive to preserve that unique spirit which is Sunfish Lake, Minnesota.