- DRAFT-
SUNFISH LAKE CITY COUNCIL MEETING – NOVEMBER 1, 2011

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

Attendants:

Mayor:  Richard Williams

Councilmembers: Judy MacManus, Roger Conant, Paul Burke and Mike Hovey.

City Attorney:  Tim Kuntz            
Engineer:  Don Sterna

City Planner: Allan Brixius
City Treasurer:  Mike Blair
Building Inspector:  David Neameyer

City Forester: Jim Nayes
Police Chief: Manila Shaver
City Clerk:  Cathy Iago
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 that an item be added for discussion under 8.f. Update on 2011 Deer Management Program. He explained that he wished to discuss planning for the 2012 Deer Hunting Program.

The Mayor asked if there were any additional items for discussion or corrections to the agenda and there was no response.

Councilmember Conant moved approval of the Agenda as amended, seconded by Councilmember Hovey 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. He stated that he had reviewed items in the List of Bills with the Treasurer prior to the meeting.

Councilmember Burke referred to page 8, the third paragraph from the bottom of the page, in the October 4, 2011 Council meeting minutes. He asked that the Clerk insert the word “areas” after the word “contiguous” to better define his friendly amendment to the motion.

Councilmember Conant noted that the single biggest increase in the List of Bills appears to be due to the Building Inspector payment and asked if there were more inspections than last year.

Mayor Williams explained that the payment to the Inspector is based on a percentage of fees collected for permits. He pointed out that the previous inspector requested his payment be deferred and was not paid on a monthly basis.

Treasurer Blair advised that the number of inspections had increased from last year. He advised that the payments to the current inspector are now processed on a quarterly basis.

Councilmember Burke thanked the Treasurer for the information relating to the City’s funds from the City’s broker that shows they meet statutory requirements. He commented that funds with the League of Minnesota Cities (4M Funds) and Smith Barney Money Market Funds are not FDIC insured.

Treasurer Blair stated that Councilmember Burke’s comments are correct and noted that the interest rates for the funds are not generous. He advised that he had contacted Wells Fargo Bank regarding establishing a savings account for these funds that would be FDIC insured; he stated that the CD’s are FDIC insured. He explained that the reason the City holds money market funds are to have access to the money to pay monthly bills.

There was discussion regarding the interest amounts received from the Money Market Fund versus from a savings account

Councilmember Conant commented that it does not appear to make sense to keep money in the money market funds.
Treasurer Blair agreed and he suggested establishing a savings account. He pointed out that he “inherited” the investment procedures and that he confirmed with the City Attorney that he does have the authority to establish new procedures with Council approval.   

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

Councilmember Conant moved approval of the Consent Agenda with the amendment to the October 4 Council minutes, seconded by Councilmember MacManus and carried. (5-0)

a. Regular Council Meeting minutes of October 4, 2011

b. List of Bills

c. Monthly Financial Statements

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

5.   PUBLIC HEARING/PRESENTATIONS: None.

6.   PLANNING COMMISSION/PLANNER’S REPORT: a) Consider Request for Siding Materials for the Ward Residence at 1 Windy Hill Court:  Planner Brixius reviewed his report dated October 25, 2011 and explained the request for a building permit to re-side a single family home. He advised that the applicant’s home currently has a stucco exterior finish which will be removed and replaced with James Hardie Planks and cultured stone. He explained that under Section 1208.02.B.4 of the Zoning Code this project qualifies as a minor building alteration and that the project is a maintenance effort to preserve the function and value of the home. He noted that the project does not involve any expansion of the building footprint. He advised that portions of the deck will be altered to replace the ledger board, joist hangers and decking boards, however; these alterations are structural and do not increase the size of the deck. He further explained that the project does not involve any alteration of the site relating to drainage, grading or expansion of impervious surface.

The Planner explained that Section 1219.03 of the Zoning Code establishes exterior finishes for single family homes; he reviewed the materials listed in this section that do not require Council approval; he noted that Hardie/cement fiber board is not listed, but cultured stone is on the list. He stated that in the past Council has approved the use of Hardie/cement fiber board as an acceptable exterior finish and that the Building Inspector has recommended Council approval of the requested material. He advised that the elevations and rendering do not provide a proposed color for the home and the City’s Design Guidelines require that buildings should be finished in tones and colors that complement those of neighboring buildings.

Planner Brixius recommended Council approval of the request be conditioned up the scope of the work being limited to the description attached to his report and the applicant providing a color palette to demonstrate that the exterior building colors are complementary to the surrounding properties.

Mike Heinen of Excel Construction was present and distributed information showing the proposed color palette and stone materials that are to be used on the project. He offered to respond to questions.

Mayor Williams pointed out that the Building Inspector at the last meeting had discussed the fact that the exterior stucco of this home was damaged and that is why the applicant chose to re-side the residence with the Hardie/cement board. He agreed that Council had approved the use of the Hardie board siding in the past and noted that there is no change to the footprint of the home or any alteration to the site relating to drainage, grading or expansion of the impervious surface.

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

Councilmember Conant moved to approve the request for use of Hardie/cement fiber board to re-side the residence at 1 Windy Hill Court with the color palette as shown to Council this evening and conditioned up the scope of the work being limited to the description attached to the Planning report dated October 25, 2011, seconded by Councilmember MacManus and carried. (5-0)


b) Planning Report: The Planner stated that the October and November Planning Commission meetings were cancelled since no applications were submitted for review.

Planner Brixius reported that he was contacted by the estate of the property owner at 345 Salem Church Road regarding options for the possible expansion of the home; he noted that the person wished to discuss possible options for expansion prior to selling the home. He indicated that this person has received inquiries about the property, but most of the questions relate to possible expansion of the home. He noted that the property is non-conforming due to its age, and it does not meet current setback requirements from the lake. He suggested that this person meet with him to review the property and discuss options for expansion prior to listing the home for sale.

Council thanked the Planner for his report.

7.   INSPECTOR’S REPORTS:  a.  Building Inspector: Inspector Neameyer stated that he issued one (1) plumbing permit, four (4)   mechanical permits and closed out two (2) building permits in October. He explained that he sent a letter to the Dobrantz property on Charlton Road and reported that the home is now vacant.

Councilmember Conant noted that there were two separate permits for the same residence. The Building Inspector explained that one is a plumbing permit and one is a mechanical permit; he indicated that this sometime occurs when there are two separate contractors. He noted that in this case the contractor requested two separate permits.

Councilmember Hovey asked if there was someone present at the Charlton Road property to receive the letter.

The Building Inspector explained that he received a signed return receipt for the letter and indicated that the resident was in the process of moving when the letter was sent.

Councilmember Conant asked if the next step would be to remove the structure.

Inspector Neameyer advised that he will post a notice at the property which states “unsafe structure” and that the City should then determine how long it wishes the property to remain in that state.

Mayor Williams suggested waiting until spring next year to discuss options for removal of the structure.

The Mayor asked the City Attorney if the City has liability for the property after it has been posted. The Attorney responded no, but suggested that the property be monitored to check for vandalism or persons inhabiting the structure.

Councilmember Conant asked if the electric and gas had been shut-off to the property. The Building Inspector stated he would check to insure that is done when he inspects the property.

Chief Shaver stated he would ask his officers to make extra patrols of the property.

Councilmember Hovey recalled that the City had previously requested a property owner to demolish a barn that was deemed unsafe and asked if would also apply to this structure.

Attorney Kuntz explained that once a structure has received status of a hazardous building, the City has the authority to issue a directive that it be demolished. He noted that it appears the City’s immediate goal of removing persons from the residence prior to the winter months has been met and that Council can discuss options for removal of the structure.

Councilmember Conant suggested that staff remind Council to place this matter on a future agenda. Inspector Neameyer agreed and stated he would request discussion of the matter early next year.

Council thanked the Inspector for his report.

b.   CITY ENGINEER: Engineer Don Sterna introduced himself and stated he would be handling the City’s engineering services due to a shift in responsibilities within his company.  He stated there were no activities undertaken in October with the exception of soliciting quotes for snow removal; he noted this item is listed later on the agenda for discussion.
Mayor Williams suggested the engineer discuss the snow removal quotes at this time. 
8.b Consider Award of Snowplowing Contract for 2011-2012: Engineer Sterna stated that Engineer Hanson sent quotes to five or six firms and also talked to neighboring cities regarding snow removal; he noted that the cities contacted advised that they are not interested in contracting for snow removal due to the amount of internal work.

Engineer Sterna stated that four quotes were received for an estimated 2-4” snowfall event and he referred to the summary sheet prepared by Mr. Hanson. He suggested Council should focus on three of the bidders that appear to have similar quotes; Ace Blacktop, Bituminous Roadways, and Suburban Services. He pointed out that Suburban Services quoted $500 per event for 5 hrs., Bituminous Roadways quoted $886 per event for 8 hrs., and  Ace Blacktop quoted $707 per event for 7 hrs. He advised that it appears each company used a $100 per hour cost and differed on the amount of time it would take to plow. He commented that Suburban Services and Ace Blacktop appear to be the best value and that Ace Blacktop appears to be slightly cheaper.

Councilmember Hovey asked if Ace has done previously done work within the City on road improvements.

Mr. Sterna stated he was unsure. Treasurer Blair stated that the firm, Ace Blacktop, was the contractor for the Acorn Drive project.

Councilmember Hovey asked if the City has any leverage to reduce the costs if future improvement work is done within the City by this firm.

Mr. Sterna responded no and explained that improvement work must go through the bidding process. He recommended that Council authorize him to discuss the City’s expectations with the contractor for snow plowing relating to usage of sand/salt and possibly delaying plowing during a snowfall event so that they do not plow twice.

Mayor Williams agreed that it might be worthwhile to discuss waiting until there is more snowfall accumulation versus sending the plow twice during one snowfall event.

The Mayor asked if Suburban Services had previously bid on snowplowing in the City. Mr. Sterna stated he was unsure, but he knows that Ace Blacktop had previously submitted bids for plowing.

There was discussion relating to the proximity of each company to the City and their response time. It was determined that both companies are located in Inver Grove Heights and response time should be similar.

Councilmember Conant asked if Mr. Hanson had checked references for the bidders. Mr. Sterna responded that some references were checked by Mr. Hanson; he noted that Ace Blacktop has a good reputation in the construction business and has been trying to obtain the snowplowing contract in the City for years.

Councilmember Burke asked if it is standard practice to request references from bidders and stated that he would prefer to have specific references for the two finalists. 

Engineer Sterna agreed that it is typical to request references and he apologized that he was unable to do so during this transition between engineers for the City.

Councilmember Burke suggested that Council could award the contract contingent upon receipt of references for the company. He commended Engineer Hanson on his preparation of the spread-sheet for comparison purposes. He noted the bid contained 14-ton sand/salt costs used during plowing events and asked if that Mr. Hanson used that figure as the blended average.

Engineer Sterna stated he believes that is how it was calculated and agreed that he would have used the same figures.
Councilmember Burke noted that Ace Blacktop’s bid is approximately 12% less than last year’s cost for plowing.

Mayor Williams advised that Engineer Sterna suggested managing the plowing costs by reducing the number of plowing events by waiting until the snowfall has reached 5-inches versus plowing twice, and using less sand/salt within the City. He indicated that Mr. Sterna would work with the vendor to identify areas where less sand/salt mixture should be used so vegetation is not harmed.  

Councilmember Conant pointed out that residents may have concerns if the snow reaches 5-inches before it is plowed.

The Mayor explained that that was merely a suggested number and that each snowfall event is different.

Mr. Sterna advised that all cities face the same issues with the snowplowing budget and are looking at creative ways to save money; he noted that in his community the plows wait until the snowfall event has ended.

Mayor Williams suggested that the engineer discuss the job parameters with the contractor and lay-out procedures for plowing for different types of snowfall events.

Engineer Sterna suggested that Council make a selection for a vendor and then he would pursue obtaining references; he advised that once references have been confirmed, he would meet with the vendor to discuss parameters and report his finding to Council.

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

Councilmember Conant moved to award the 2011-2012 Snowplowing Contract to Ace Blacktop pending  receipt of references obtained by the City Engineer, seconded by Councilmember Hovey.

Councilmember Hovey suggested amending the motion to state that if satisfactory references are not received from Ace Blacktop, the contract would be award to Suburban Services pending satisfactory references.

Councilmember Conant, as maker of the motion agreed to the amendment.

Motion carried. (5-0)

Anticipated Engineer/Public Works Activities’ for the Month of November: Engineer Sterna advised that the only anticipated activity for the month of November was the grading of Charlton Road. He explained that the City has exceeded the road maintenance budget for the year and he proposed that the grading be limited to only a few areas on the north end of the road where potholes and rutting has occurred.

Councilmember Hovey asked if there was any type of bituminous material that could be added during grading to correct these problems.

The Engineer responded no and explained that the only way to correct the problem would be to use recycled asphalt. He advised that the solution to remove this problem would be to pave the roadway to the church driveway entrance and that may be a consideration in the future. He offered to ask contractors if there are other materials that could be used as a temporary fix for the problems in this area.

Councilmember Conant asked if Council should take action to appoint the new engineer. The Mayor responded no and explained that the City contracts with the firm of WSB and that the Mr. Sterna working with the City is merely a change in staff.        

Council thanked the Engineer for his report.

c.   CITY FORESTER: Forester Nayes advised that he issued one (1) burning permit in October. He stated that brush piled from Xcel tree pruning and removals was chipped and removed along Salem Church Road and chipped into the adjacent woods along Charlton Road; logs were also removed. He advised that the second roadside mowing by Rough Cutt was completed.
The Forester reported that Musser Park was surveyed to determine if the late winter buckthorn spraying had the desired effect since the growing season is done; spot spraying of additional large buckthorn trees will occur before November 15.

Forester Nayes reported that the tree planting event occurred on October 15 and was a success. He advised that 40 persons attended, 36 volunteers organized by the Tree Trust, including 10 Sunfish Lake residents and 4 Tree Trust staff to plant 43 trees in the park. He stated that a water tanker was donated by Inspector Neameyer for future watering of the newly planted trees; Living Sculpture Tree Care donated time and use of an auger to dig the planting holes the day before the event; Plantra donated tree wraps for protection from deer; and that Lowes provided 5-gallon pails at a discount for the future watering program. He further advised that Mendota Heights Fire Department Volunteer Tom Mattaini who is also a resident of Sunfish Lake received authorization to bring the brush fire truck to the event for watering the trees that day.

The Forester requested that the City pay the $5/per tree contribution to the Tree Trust as agreed when the grant was approved; the total contribution is $215.00. He also offered to draft a “thank you” letter for the Mayor to send to the Tree Trust on behalf of the City.

The Mayor agreed to have the Forester draft the letter and Council concurred to direct the City Treasurer to send the contribution of $215.00 to the Tree Trust for the plantings.              

Council thanked the Forester for his report.

d.   PUBLIC SAFETY: Chief Shaver referred to his report dated October 27, 2011 and advised that alarm calls are down slightly from last year and indicated that the calls may increase over the winter months as residents head south. He further reported a mail theft occurred and the mail was found in the City of Oakdale; he reminded residents to take mail directly to the post office. He reported a theft of jewelry from a home in the City and advised this was not a break-in; he suggested that residents be aware of the location of any person in their home at all times.

The Chief stated that on November 9 there will be test of the Emergency Broadcast System (EBS) over television and radio channels. He advised that starting today Dakota County Communications Center would be offering a service to residents via telephone or cellphone to receive notification of emergency situations relating to weather, health hazards or other emergency events; residents may contact the County to register their phone numbers to receive information.

Mayor Williams suggested that Council review the report on the Delaware property at this time. 

8.d.   Receive Report on Property at 2554 Delaware: Chief Shaver referred to the report on the property located at 2554 Delaware Avenue and advised that Officer Brox had visited the property in response to complaints. He stated that the owner lives out-of-state and family members/relative were living at this location. He noted that the dumpsters have been removed, the property was listed for sale on October 17, and all conditions relating to complaints have been corrected. The Chief explained that the home is vacant and that the police department would make patrols in the area to insure no vandalism occurs.

Council thanked the Chief for his report.

8.   NEW/OTHER BUSINESS:  b. Consider Resolution Authorizing Submission of the 2012 Small Community Funding Application to Dakota County Requesting Funding to Operate a Citywide Recycling Program:  Mayor Williams explained that the City annually submits the application to Dakota County for funding to operate a Citywide Recycling Program. He asked if there were any questions and there was no response.

Councilmember Hovey moved to adopt Resolution No. 11-17 titled, RESOLUTION AUTHORIZING SUBMISSION OF THE 2012 SMALL COMMUNITY FUNDING APPLICATION TO DAKOTA COUNTY REQUESTING FUNDING TO OPERATE A CITYWIDE RECYCLING PROGRAM., seconded by Councilmember Burke and carried. (5-0)

c.   Consider Approval of Amendment to Joint Powers Agreement Establishing a Watershed Management Organization for the Lower Mississippi River Watershed: Councilmember MacManus explained that the amendment requests an extension of the existing agreement with the Watershed Management Organization.

Councilmember Conant commented that staff is not aware of how many joint powers agreements the City has.

Clerk Iago advised that she is working on obtaining that information as part of purging the City files. Mayor Williams commented that these agreements come up through the years and some have probably expired.



Councilmember Conant moved to approve the amendment to the Joint Powers Agreement Establishing a Watershed Management Organization for the Lower Mississippi River Watershed, seconded by Councilmember Hovey and carried. (5-0)

f.   Update on 2011 Deer Management Program: Mayor Williams reported that one hunt had been conducted and no deer were taken due to the weather conditions. He advised that there are three dates scheduled in November for hunting. He reported that there is currently only one resident who meet the credentials required to hunt.

The Mayor advised that he received information from former Councilmember Cathy DeCourcy relating to hunting antlered deer and that copies of the information were available for interested persons.

The Mayor stated he received a suggestion from the Forester that Council discuss the deer management program in March or April next year so that the City has time to plan, receive citizen input and discuss the alternatives rather than make a reactive decision later in the year just prior to the actual hunting season. He asked that staff place this matter on the agenda for the meeting in April next year.    

e.   Schedule Special Meeting to Conduct Consultant Reviews on December 6, 2011 at 5:00 p.m.: Clerk Iago requested that Council schedule a special meeting to conduct the annual consultant reviews at 5:00 p.m. on December 6, prior to their regularly scheduled meeting. She stated that she had confirmed the times with the consultants, as listed in her report and that she would send an agenda and post notice of the special meeting as required by law. She noted two changes: the Engineer review would be Don Sterna and the Planner review would be Allan Brixius. 

Mayor Williams advised that he had a discussion with Mr. Sterna asking for suggestions on budget management; he requested that all the consultants consider suggestions relating to methods of reducing costs, compensation structure and expectations from Council. He pointed out that the Clerk has taken on more tasks and that this position appears to be more than a part-time job; he noted that because she is limited to the amount of salary she can make annually, there may be other options to reduce her workload.

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

Councilmember Conant moved to schedule a Special Council meeting to conduct consultant reviews on December 6, 2011, at 5:00 p.m. at St. Anne’s Episcopal Church, seconded by Councilmember Hovey and carried. (5-0)

g.   Other: Attorney Kuntz reminded Council that they must adopt the final budget at their December meeting since the Treasurer has to certify the 2012 tax levy to the County in December.  He suggested that if Council has any questions relating to the budget, they should request any additional information prior to that meeting, and they should contact the Treasurer as soon as possible.

Mayor Williams asked if there were any restrictions that prohibit Council from directly requesting information from the Treasurer via email. Attorney Kuntz responded no, however, he suggested that questions from Council and responses from the Treasurer be sent to the Clerk so that she can compile the information and circulate it to the entire Council for their review.    

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

9.   ADJOURN: Councilmember Hovey moved for adjournment at 8:05 p.m., seconded by Councilmember Conant and carried.  (5-0)


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