SUNFISH LAKE CITY COUNCIL MEETING – JANUARY 3, 2012

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

Attendants:

Mayor:  Richard Williams

Councilmembers: Judy MacManus, Roget Conant, Mike Hovey and Paul Burke

City Attorney:  Tim Kuntz

City Building Official: David Neameyer

City Planner: Bob Kirmis
City Engineer:  Don Sterna
City Forester:  Jim Nayes

City Treasurer:  Mike Blair

City Clerk:  Cathy Iago
Police Chief Manila Shaver

and Members of the General Public.

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

2.   APPROVE AGENDA:       Mayor Williams asked if there were any additions or corrections to the agenda and there was no response.

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

3.   CONSENT AGENDA:       The Mayor asked if there were any questions or comments relating to any items on the Consent Agenda.

Councilmember Burke requested changes to the December 6 Special meeting minutes:  he referred to Page 1 and requested the Clerk move paragraphs 2 and 3 under her discussion up to Item 2. Consultant Reviews; and from Page 2, he requested the last sentence under paragraph 4 and the next two responses be also moved up to Item 2. Consultant Reviews. He pointed out that the information discussed relates to all the consultants and should be combined under the general consultant review discussion.

Councilmember Burke requested a change to the Regular December 6 meeting minutes on Page 7, under Item h. Discussion of Meeting with the State Auditor’s Office;  under paragraph 2, he requested the words “and ACH” be inserted after the word “wire”.

Councilmember MacManus questioned the discrepancy listed in the current general property tax shown in the Treasurer’s report.

Treasurer Blair explained that the City will receive the remaining total property taxes collected sometime in January;  he noted that the discrepancy could be due to the fact that some residents pay the entire tax amount in May and also that some residents may be delinquent with their payment. He stated that he is aware of one delinquent account at this time.

Councilmember Conant asked when the City would be affected if the assessment amount drops sharply. He also asked how the City would be affected if the property valuations are reduced.

Treasurer Blair explained that the City does not receive the May tax payments until July and the October payments until December. He stated that residents cannot sell their home until taxes are paid. He advised that the taxes are calculated on a mill rate and a reduction in property valuation would not affect the 2012 budget.           

Councilmember Conant commented that the financial reports presented this month are a vast improvement and he commended the Treasurer for his cooperation in revising the report.


Councilmember Burke agreed and commented that the summary statement is fantastic; he stated that it would be helpful for Council to see a comparison of the 2011 and 2010 figures in the statement.

The Treasurer stated he would incorporate the comparison into the report. 

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

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

a. Regular Council and Special Council meeting minutes of December 6, 2011.

b. List of Bills

c. Monthly Financials

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

5.   2012 STANDARD BUSINESS PROCEDURES:

a.   Appointment of Acting Mayor:  Mayor Williams explained that past practice has been to appoint the senior Councilmember as acting mayor and therefore, he recommended appointment of Councilmember MacManus to serve as Acting Mayor in his absence in 2012.

Councilmember Conant moved to approve the appointment of Councilmember MacManus to serve as Acting Mayor in the absence of the Mayor in 2012, seconded by Councilmember Burke and carried. (5-0)

b.                          Appointment of Planning Commissioners and Chair: Mayor Williams stated he had contacted Tom Schlehuber to determine if he was interested in reappointment and his response was yes; he recommended that Mr. Schlehuber be reappointed to serve a three-year term.  He further advised that Andrea McCue was recently appointed to serve as an alternate to the Lower Mississippi Watershed Management Organization (LMWMO) and she asked that another member of the commission be appointed to serve as chair for 2012. He recommended the appointment of Joanne Wahlstrom as Planning Commission Chair for 2012.

Councilmember MacManus moved to approve the reappointment of Tom Schlehuber to serve a 3-year
term as Planning Commissioner commencing in January, 2012 and Joanne Wahlstrom to serve as Chair of the Commission for 2012, seconded by Councilmember Hovey and carried. (5-0)

c.   Memo and Resolution Designating Official Newspaper: Mayor Williams referred to the letter from the Lillie Suburban Newspapers with their request for the SouthWest Review to be the designated official publication for the year 2012.

Clerk Iago explained that Lillie Suburban Newspapers was the only paper to submit a request to be designated as the City of Sunfish Lake Official publication for the year 2012. She stated that the rate increased by $1.00 for the first line publication and also for $1.00 each additional publication.

Councilmember Burke commented that was not a small increase; he asked if other cities had moved to digital publication versus using the newspaper.

Attorney Kuntz pointed out that there are some statutory provisions for letting of contracts and that he would research the matter and provide background information for Council consideration.

Councilmember Burke moved to adopt Resolution No. 12-01 titled, RESOLUTION DESIGNATING THE SOUTH-WEST REVIEW NEWSPAPER AS THE OFFICIAL NEWSPAPER FOR THE CITY OF SUNFISH LAKE for 2012, seconded by Councilmember Conant.
In discussion, Councilmember Hovey asked if it would be possible to stop publication in the newspaper if the City Attorney found that digital publication is appropriate.

Attorney Kuntz explained that the City would still retain the official newspaper since there are some legal requirements for publication of items such as ordinances.

Mayor Williams called for a vote on the motion.

Motion carried. (5-0)

d.   Memo and Resolution Designating Official Depositories for City Monies: Mayor Williams stated that each year the City designates official depositories for City funds.

Attorney Kuntz distributed a revised version of the resolution with a name change from Citigroup to Morgan Stanley. Treasurer Blair explained that the name change reflects a merger of two companies and that Wells Fargo Advisors was a new depository.

Councilmember Conant stated he would abstain from voting since his son works for Wells Fargo.  

Councilmember Hovey moved to adopt Resolution No. 12-02 titled, RESOLUTION DESIGNATING FUND DEPOSITORIES FOR THE CITY OF SUNFISH LAKE, seconded by Councilmember MacManus.

In discussion, Councilmember Burke suggested a wording change under paragraph 3, he noted that the first paragraph refers to “the City’s accounts” and he suggested the last portion of the sentence also include the wording “…depository to other City accounts….”

Councilmembers Hovey and MacManus agreed to include the wording change as part of the original motion.

Motion carried. (Ayes 4; Hovey, MacManus, Burke, Williams; Nays 0; Abstain 1; Conant)

e.  Appointment of Weed Control Manager: Mayor Williams recommended the appointment of the City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager for 2012 and designated the Forester to perform the duties of this position.

Councilmember Burke moved to ratify the appointment of the City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager for 2012 and that he be designated to perform the duties of this position, seconded by Councilmember Hovey and carried. (5-0)

f.    Appointment of Watershed Management Organization Representative: Mayor Williams recommended the reappointment of Councilmember MacManus to serve as the City representative and Andrea McCue to serve as the alternate member for 2012.

Councilmember Conant moved to reappoint Councilmember MacManus to serve as the representative to the Lower Mississippi Watershed Management Organization (LMWMO) and Andrea McCue to serve as  alternate, seconded by Councilmember Hovey and carried. (5-0)

6.   PLANNING COMMISSION/PLANNER’S REPORT:

a.   Planning Report:  Planner Kirmis of NAC introduced himself to Council and explained that he would present the planning report on behalf of Planner Brixius this evening. He advised that the December meeting was cancelled due to no applications received. He stated that the Commission would meet in January to discuss drafting a proposed ordinance relating to park regulations; he noted that discussion would include items relating to vandalism, dumping, fires, as well as removal of trees, sales activities and recreational activities.  He explained that the draft ordinance would be sent to Council in February for their review and consideration.
Planner Kirmis stated that his firm was advised by the Treasurer that there are several open escrow accounts and he will be working with staff to determine if the conditions of the applications have been satisfied so that the accounts may be closed.

Councilmember Conant asked the amount of the funds in escrow. Treasurer Blair noted that in most cases the funds are in the City’s favor; he explained that there is one account with a deficit of approximately $300, however, he has contacted the applicant and should receive a check within the next month.  

Councilmember MacManus recalled that one of the consultants suggested the Planning Commission discuss and draft a brochure that lists the ten most frequently asked questions by residents for distribution or publication in the newsletter and posting on the website. She commented that this may eliminate confusion for residents about such items as permits and other applications that are required for upgrading their properties.

Attorney Kuntz recalled he had suggested the Commission draft the document and he recommended Council formally direct the Commission to do so.

There was discussion relating to a time-line for receiving the information.

Mayor Williams suggested that the Commission provide the information or a status report by March. He noted that the Clerk had presented a letter from the Land Trust indicating that they had monitored Musser Park and found the City to be in compliance with the conservation easement.

Council concurred to formally direct the Planning Commission to prepare a brochure document to be used as an informational handout to residents and for placement on the City website listing the ten most frequently asked questions.

Council thanked the Planner for his report.

7.   INSPECTOR’S REPORTS:

a.   Building Inspector: Inspector Neameyer stated he conducted follow-up on building permits that had expired; he advised that some permits were closed without approval and the contractor or homeowner would have to reapply to complete the work.

Councilmember Conant asked what the rationale would be for closing a permit.

Inspector Neameyer explained that some permits are closed because the work was inspected and completed and others were closed because the work was not completed in the proper time-frame.

Councilmember Hovey suggested that the Inspector list the permits that were closed because the work was done as “completed” permits versus listing both types as “closed”.

Councilmember MacManus asked for an update on the Charlton Road property that was posted due to unsafe habitation. She commented that there has been a truck in the driveway every day that she drives by the property.

Inspector Neameyer explained that he checks the property occasionally and it appears to be vacant; he stated that he had one inquiry from a builder regarding the property.  He advised that he has not seen any vehicles on the property and he suggested asking the police department to check on the property.

Councilmember Conant asked how often the Inspector checks on construction projects that have been issued permits.

Inspector Neameyer stated he checks on a regular basis to insure the projects are proceeding. He explained that he has been in contact with Mr. Bellamo regarding completion of his construction project; he advised that the permit has exceeded the one-year expiration date. He advised that he requested the property owner send a letter formally requesting an extension of the permit; he noted that the recently adopted ordinance amendment allows for one six-month extension on a building permit. He explained that the project does not pose any fire or safety issues and that he would most likely grant an extension after receiving Council input on the issue.   

Council thanked the Building Inspector for his report.

1. City Engineer: MCES Water Quality Report: Engineer Sterna distributed a revised report that corrects the water quality ratings for the three (3) lakes in the City; he noted that Hornbeam and Horseshoe Lake received a “B” rating and Sunfish Lake received a “C” rating. He explained that he was unsure why Sunfish Lake was down-graded to a “C” rating.
   
   Councilmembers Conant and Burke stated they did not receive an email with this information; Councilmember Conant asked for a copy of the supporting documentation and the Engineer provided a copy for his review. 
   
   Mr. Sterna advised that there was not sufficient data provided from the volunteer assigned to Hornbeam Lake, and therefore, the rating was the same as the 2008 evaluation.
   
   There was discussion relating to the water quality of Sunfish Lake. Engineer Sterna advised that he would review the documentation and send data relating to water quality to Council.
   
   Councilmember Conant recalled that he and Councilmember Burke had asked the LMWMO to make a presentation with information relating to improving water quality to residents abutting Sunfish Lake.
   
   Councilmember MacManus explained that there was discussion at the LMWMO meeting about scheduling a presentation.
   
   Councilmember Burke suggested that there may be information that the Minnesota Pollution Control Agency (MPCA) could provide that identifies likely sources of chemicals used by residents that would affect water quality.
   
   The Engineer stated he would look for information to distribute to residents regarding how chemicals used on property affect the water quality of the lake.
   
   MPCA Development of New MS4 Requirements: The Engineer explained that the MPCA is currently gathering information as part of the new MS4 regulations to reduce waste load allocations (WLA) He explained the MPCA is trying to identify likely pollutant sources and develop reduction levels that cities will need to comply with in 2014 or 2015. He stated that the MPCA will be collecting data from cities to address sources of bacteria flowing into the lakes, such as septic systems; he advised that he sent drainage area maps to the MPCA and he indicated that requirements may be forthcoming in the next few years. He asked if the County still sends information relating to septic pumping.
   
   Mayor Williams stated that the Clerk has records of septic pumping and mails reminder cards to residents.  
   
   Councilmember Conant asked if household pet waste could affect water quality and the Engineer responded yes. 
   
   Council suggested that information relating to pollutants could be placed on the website and in the newsletter.             
   
   Public Works Activates Undertaken in the Month of December: Street Snowplowing: The Engineer advised that this has been an excellent beginning to the winter snow season for the snow plow budget.  He noted that $2,300 has been spent in December.  He asked for Council input on how he should respond to resident inquiries regarding snow plowing; he noted that he received a few calls requesting sanding on Salem Church Road.
   After a brief discussion, it was determined that the Engineer should send an email to the Mayor when he receives a call relating to a request for plowing from a resident. Mayor Williams advised that he would place information in the City newsletter to explain that plowing would not occur if the snowfall was less than 2-inches and that the plowing contractor would wait until the snowfall event had finished.
   
   Anticipated Engineer/Public Works Activities’ for the Month of January:
   
   -  Developing a cost estimate for the proposed 2012 City roadway crack-sealing program
   -  Update SWWP Permits, prepare information and plan open house
   
   Councilmember Burke recalled that staff had asked Council to conduct a study meeting to review the Capital Improvement Plan; he asked if Council needs to take action on this matter.
   
   Mayor Williams indicated that a notice must be posted for special meetings and asked if Council wished to have a work meeting prior to a regular Council meeting in March or April.
   
   Councilmember Burke moved to schedule a Special Meeting at 5:00 p.m. on April 3, 2012 for review and discussion of the City Capital Improvement Plan (CIP), seconded by Councilmember Conant and carried. (5-0)
   
   Councilmember Burke requested that the City Engineer provide any informational materials to Council in March for their review.
   
   Council thanked the Engineer for his report.
   
   
2. CITY FORESTER: Forester Nayes advised that he issued two (2) burning permits in December, 2011. He stated that he scheduled the aerial deer count with Three Rivers Park District in January, 2012 when there is sufficient snow cover for an accurate count. He explained that he built and installed three (3) tree protection cases for the plum trees at Harmon Park that were donated by former Councilmember DeCourcy; he advised the cases are approximately 6-ft in diameter and 5-ft. tall.  He noted that the trees were donated in memory of Russ Wahl and Joel Bennett.
   
   The Forester stated he climbed two mature ash trees and found no evidence of Emerald Ash Borer (EAB).
   
   Mayor Williams asked how close the infestation has been detected near the City.
   
   Forester Nayes responded that the closest infestation was in St. Paul, near Summit Avenue & Dale Street. He recommended that residents with large ash trees they wish to preserve, they should begin treating the trees this year, or start planting other trees to replace the ash trees.
   
   Councilmember Conant advised that Councilmember DeCourcy had suggested the deer count would be more accurate if infrared technology was used.
   
   Forester Nayes commented that he was advised the aerial deer count is approximately 80 percent accurate and that infrared technology could be 90 percent accurate. He explained that infrared cameras would have to be placed on trails within the City and it was his opinion that it would not be cost effective for the City to use the technology as it is more expensive than the aerial count.
   
   Council thanked the Forester for his report.
   
   
3. PUBLIC SAFETY: Chief Shaver referred to a theft at the South Side Baptist Church and advised that this was a break-in to a vehicle parked at the church. He suggested that when traveling to a destination such as church, persons put valuables in the trunk of their car before leaving home, rather than doing so when they reach their destination. He commented that there are persons who wait in parking lots and watch for this type of activity.  
   Councilmember Conant noted that the number of alarm calls was down from last year at this time; he asked if that was due to crime reduction in general.
   
   Chief Shaver stated he was unsure of why the numbers were down from last year. 
   
   Council thanked Chief Shaver for his report. 
   

8.   NEW/OTHER BUSINESS:

a.   Set Discuss Addendums to Employment Agreement and Independent Contractor Agreement Between the City of Sunfish Lake and the City Clerk/Administrator, City Treasurer and City Forester:   Attorney Kuntz advised that the contracts for employment for the positions of City Clerk, City Administrator, Treasurer and Forester expired on December 31, 2011. He explained that the employment agreements are essentially the same as in previous years and that the only item for discussion relates to salary increases. He suggested that Council determine if a salary increase is appropriate for the positions and then they should take action to adopt the resolution approving the four addendums to the agreements.

Mayor Williams indicated that the Clerk’s salary must remain within the IRS guidelines due to her retirement income; he asked if she had researched the matter and determined if an increase could be given.   

Clerk Iago commented that she would be comfortable with a 2% increase and that amount should not affect her PERA or Social Security benefits.

Councilmember Burke moved to authorize a two percent (2%) compensation increase for the City Clerk/Administrator position, seconded by Councilmember Hovey and carried. (5-0) 

Mayor Williams asked if Council wished to propose an increase for the Treasurer position.

Treasurer Blair stated he is comfortable with the current salary.

Councilmember MacManus suggested a 2% increase for the Treasurer.

Councilmember MacManus moved to authorize a two percent (2%) compensation increase for the City Treasurer position, seconded by Councilmember Burke and carried. (5-0) 

Mayor Williams asked if Council wished to propose an increase for the Forester position.

Councilmember Hovey moved to authorize a two percent (2%) compensation increase for the City Forester position, seconded by Mayor Williams and carried. (5-0)

b.   Consider Resolution Approving Addendum No. 5 to Employment Agreement between the City and Catherine

Iago for City Clerk Services and Addendum No. 5 to Employment Agreement between the City and Mike Blair for City Treasurer Services and Addendum No. 3 to Independent Contractor Agreement between the City and Living Sculpture Tree and Shrub Care, Inc. for City Forester Services and Addendum No. 3 to Independent  Contractor Agreement between the City and Iago Consulting, LLC for Administrative Services:

Attorney Kuntz reviewed the proposed addendums to the employment agreements for the City Clerk/Administrator, Treasurer and Forester.

Councilmember Hovey moved to Adopt Resolution No. 12-03 titled, resolution approving addendum no. 5 to EMPLOYMENT agreement between the city and Catherine iago for city clerk services and addendum no. 5 to employment agreement between the city and mike blair for city treasurer services and addendum no. 3 to indepENDent contractor agreement between the city and living sculpture tree and shrub care, inc. for city forester SERVICES and ADDENDUM NO. 3 TO INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY AND IAGO CONSULTING, LCC FOR ADMINISTRATIVE SERVICES, with a two-percent (2%) salary increase for the City Clerk/Administrator, City Treasurer and City Forester effective January 1, 2012, seconded by Councilmember MacManus and carried. (5-0)

c.  Deer Hunt Report: Mayor Williams reported that two (2) antlerless deer were taken by the Bowhunter’s Association; he noted that the City Forester did not take any deer.

Councilmember Conant asked when the last deer count was conducted and if the City would be able to compare the information to determine if there is an increase in the deer population.

Forester Nayes explained the last count was done approximately four years ago and that the City may have to conduct another count next year before a comparison could be done. He advised that he had seen more deer killed by cars than hunters.

Attorney Kuntz recalled that Council had discussed the possibility of beginning discussions on deer hunting protocol earlier in 2012; he suggested that if Council wished to begin discussions in March or April it would be appropriate to invite representatives from the Bow Hunters Association, as well as Officer Muellner and any residents interested in hunting.

Councilmember MacManus suggested that citizens concerned about the hunting should also be invited. Mayor Williams agreed that some residents do not want “trophy” hunting in the City.

Councilmember Conant commented that it may be appropriate for the City to ask if it is worth the trauma for residents in the community to hunt or if it should be limited to the association.

Attorney Kuntz indicated two items for possible discussion; 1) whether hunters other than the Bowhunters Association members should participate in hunting and, 2) if there are properties that could be used for hunting other than City parkland and would residents be amenable to allowing use of their land for this purpose. He indicated that persons who would be willing to allow hunting on their land, if it meets code requirements, should also be invited to attend for discussion purposes.

After discussion, Council concurred that information should be distributed and available to any interested persons who wish to attend the meeting when this matter is discussed.

d.   Other: The Mayor asked if there was any further business and there was no response.

9.   ADJOURN: Councilmember Conant moved for adjournment at 8:35 p.m., seconded by Councilmember MacManus and carried.  (5-0)

___________________________                                                ___________________________

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