SUNFISH LAKE SPECIAL CITY COUNCIL MEETING – DECEMBER 7, 2010

5:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH

Attendants:

      Mayor:  Molly Park

      Councilmembers:  Judy MacManus, Richard Williams and Roger Conant.

      City Attorney:  Tim Kuntz

      City Building Official: Russ Wahl

      City Planner: Carie Fuhrman
      City Engineer: Tim Hanson

      City Forester: Jim Nayes
      City Treasurer:  Mike Blair

      City Clerk:  Cathy Iago

            Councilmember Cathy DeCourcy arrived at 5:10 p.m.

1.   CALL TO ORDER:                        Mayor Molly Park called the meeting to order at 5:00 p.m.    

2.   CONSULTANT REVIEWS:   Mayor Park explained the purpose of the special meeting was to conduct reviews for the consultants.

CITY CLERK ADMINISTRATOR:           Mayor Park stated that in her opinion Cathy Iago has done an excellent job serving as City Clerk Administrator. 

Councilmember Conant stated that the Clerk’s minutes are excellent.

Councilmember MacManus commented that Cathy has done an excellent job for the City and that she was very pleased with her work performance.

Councilmember Conant pointed out that he had discussed records management items with the Clerk relating to storage of records and back-up of records.    

Clerk Iago explained that she does back-up computer files onto discs twice a year and stores the copies at the City Attorney’s office, at home and at the church. She stated that she continues to work on the City records that were given to her from the previous clerk and suggested that those documents be scanned since they were not in great condition when she received them. She explained that she requested funds in the 2011 Budget for codification of the ordinance and to have the City Attorney’s office scan records for storage since she does not have a scanner.

Council concurred that the City could purchase a scanner to use for records storage.   

Clerk Iago stated she would look for a scanner to purchase and work with the City Attorney’s office in 2011 on the ordinance codification.

Councilmember Conant pointed out that there should be copies of all documents that the Council reviews at meetings available to the public; he suggested that additional copies be made for distribution at meetings.

Clerk Iago indicated that she requests consultants make additional copies of materials that are distributed and that the public may view her copy at meetings by request. She suggested that she could make a “Public Copy” of the entire packet she sends to Council for public review at the meeting and that it may be possible to scan the documents onto the website for viewing. 

Councilmember MacManus commented that in her opinion the Clerk does an excellent job. Councilmember Conant agreed and stated the Clerk is always very responsive.
 
Mayor Park asked if there were any challenges the Clerk could foresee for next year and Cathy responded she was not aware of any upcoming issues related to her position.

Councilmember DeCourcy arrived at 5:10 p.m.

The Clerk stated she enjoys working with Council and looks forward to a continued excellent working relationship. She thanked the Mayor and Councilmember DeCourcy for their support and encouragement and stated she would miss working with them.

BUILDING OFFICIAL:  Mayor Park stated that she is pleased with the Inspector’s diligence and the fact that he works to assure contractors follow code regulations.

Councilmember MacManus asked how many years the Inspector has worked for the City. Mr. Wahl responded that he was hired in 1978 and has worked 32 years for the City.

Councilmember Conant suggested that the Inspector should ask the person he uses for back-up in his absence to attend a future meeting and reintroduce him to the newly elected members. He commented that the City has not received any complaints from residents regarding the Inspector.

Councilmember Conant suggested that the inspection reports be printed on white paper versus a colored copy so they are easier to read.    

Councilmember Williams agreed that the Inspector has done a great job enforcing the building codes.

Inspector Wahl stated that wishes to continue attending seminars and conferences in order to keep his State certifications; he explained that he is re-certified every three years and that attendance at the conferences counts towards the certification. He further explained that the conferences provide information on new laws relating to inspections.

Mr. Wahl commented that he has had a good rapport with residents in Sunfish Lake and has never gone to court for any issues relating to inspections.

Councilmember MacManus pointed out that attendance at the conferences provides the Inspector with information relating to any new issues or trends that the City should be aware of in the future.

Mr. Wahl explained that he does not foresee any major issues and that the Building Code is reviewed and changed every three (3) years; he noted that the next code change would occur in 2012. He advised explained that the new code would most likely include sections relating to “green” construction.
 

Mayor Park asked if what Russ foresees for future permits in the City. Mr. Wahl responded that he believes the City has done a terrific job with the current code by requiring residents to appear before the Planning Commission and Council for renovation permits as well as new construction.   

The Mayor asked the inspector what he sees as his role in assisting the City to achieve its goals. Mr. Wahl indicated that he would be happy to work with the Council and residents to resolve any upcoming issues that arise in the future. He stated that he has enjoyed working with the City officials over the years.

Mayor Park noted that Mr. Wahl has served as the Building Inspector for Sunfish Lake for 32 years and commended him on being a great “watch dog” for the City; she stated that she was pleased with his work.

Councilmember Williams stated that he appreciates the inspector’s diligence on permits and follow-up on inspections to insure that nothing “falls through the cracks”.

Councilmember MacManus pointed out that she was not aware of the fact that a building permit was required to repair her front steps at her home; she suggested that the Inspector compile a list of items that require permits.


Councilmember Conant agreed that suggested that the information be placed on the City website listing the requirements for building permits. He questioned whether or not the $1,000 minimum requirements be increased and asked what other communities require for permits.

Mr. Wahl explained that the requirements vary in all communities; he noted that Mendota Heights does not set a limit, but they list exemptions relating to types of permits. He stated he would conduct some research and report back to Council. 

Inspector Wahl explained that the economy is slow and that it has been two years since a new home was constructed.

Councilmember Conant asked if reconstruction is also slow. Mr. Wahl responded yes.

Mayor Park asked if the Inspector foresees tear-downs or re-builds in the future. Mr. Wahl responded yes and noted there are a few properties in disrepair where this could occur.

Councilmember Williams pointed out that the properties may no comply with the new regulations and may have to be grand-fathered in. There was discussion relating to existing properties where this type of issue could arise. 

Councilmember DeCourcy asked if the Inspector currently works for any other cities. Mr. Wahl stated he works for the cities of Mendota and Lilydale and also part-time for Mendota Heights.

Mr. Wahl discussed a building permit that was issued over a year ago and noted that the work has not been completed on the property.  He commented that the City Attorney advised that permits do not expire and that the matter would not become an issue unless a complaint is received from a neighboring property.

Mr. Wahl stated he appreciates the kind comments from Council. He thanked Mayor Park and Councilmember DeCourcy for their support and stated he enjoyed working with them.  He thanked Council for the opportunity to work for the City for so many years.

Mayor Park thanked Inspector Wahl for an excellent job.

CITY FORESTER:  Mayor Park commented that in her opinion Mr. Nayes has done an excellent job in his new position as Forester and that she enjoys the educational component he brings to the position.

Councilmember Conant commented that the letter he sent to residents did not reflect on the Forester position.

Councilmember Williams pointed out that this matter cannot be discussed in a closed meeting.

Councilmember Conant commented that the Forester has always responded favorably and addressed any issues raised by Council.

Councilmember DeCourcy questioned if the Forester still had the funds she contributed for reforestation on behalf of former Councilmember Bennett. Mr. Nayes responded that the money is being held until such time as the planting occurs; he suggested that the plantings in Mr. Bennett’s honor should be done at the top of the hill in Musser Park.

Mayor Park asked if there was any new information on Emerald Ash Borer.

Mr. Nayes responded no and discussed other issues relating to this disease and other diseases that may affect trees within the City. He stated he wished to see more Buckthorn removal in 2011 and that he preferred to remove the mother trees in order to provide an environment for other native trees to grow. He explained that the pruning along Charlton Road has widened space adjacent to the roadway and that this would allow more space for snow storage, visibility and maintenance on the road. He suggested the possibility of seeding these areas with grass and wildflowers; he noted this would be an on-going process since the City has no watering for the area available.
Mayor Park suggested a partnering program between the City and residents; she further suggested providing educational materials on maintaining such areas.  Mr. Nayes agreed.

Councilmember MacManus supported the use of wildflowers in these areas.  Mr. Nayes suggested that it would be appropriate to request citizen input on the matter.

Mayor Park questioned if the Forester had any comments on the housing of chickens by residents. Mr. Nayes stated he invited the person who requested information on raising chickens to the meeting to hear the discussion. He indicated that he would follow Council direction.        

Mayor Park asked if the Forester has received adequate direction from Council and if there were any other projects he believes should be accomplished as part of his duties.

Mr. Nayes pointed out that his duties expand beyond forestry; he noted he responds to questions relating to gardening and also collects trash dumped within the City. He provided the Clerk with his report of work done on private property within the City during the last six months.

Mayor Park thanked Mr. Nayes for an excellent job.

CITY ATTORNEY:           Mayor Park stated that Council has been very pleased with Attorney Kuntz and his sound advice on legal matter.

Councilmember Williams asked if there was any upcoming legislation that would affect the City.  Mr. Kuntz responded not to his knowledge.

Councilmember MacManus asked the Attorney what challenges he believes maybe on the horizon for Sunfish Lake.

Mr. Kuntz pointed out that it may be appropriate for Council to conduct a few study meetings during 2011 to address the following topics:

1)   Review the 5-year Pavement Management Plan and Capital Improvements; this should be done annually.

2)      Review the Fire Department structure and relationship;

3)      Discuss the administration of the Septic System ordinance; ask Inspector Wasmund to attend the meeting to review how the procedures work and his involvement in the process;

4)      Discuss a 5-year plan for Parks and Forestry Management;

5)      Discuss Water Quality issues; and

6)      Review Building Inspection procedures; what projects require permits.

The Attorney reiterated that communication tools for citizens are also important and that the City should provide “themed” articles for the Sunfish Lake Quarterly and the website relating to Fire, Police, Landscaping, Trees, Water Quality, and Building Permits. He commented that other cities ask staff to prepare materials for newsletters and/or websites for residents that are appropriate seasonal information. He suggested that these meetings could be held prior to or after a regular meeting and should not exceed 30 to 45 minutes.

Councilmember Conant questioned if City fees should be included for discussion. Mr. Kuntz explained that the fees used to be set annually by resolution; however, legislation now requires the fees to be included as part of the code of ordinances. He indicated that this could be an item for discussion or review.

Councilmember Conant commented that he was not aware of the fact that Inspector Wasmund was appointed to serve as the Septic Inspector.  Attorney Kuntz explained that both the Septic and Building Inspectors fees are paid by the property owners and therefore it is somewhat different than the other consultants.
  
The Attorney distributed a list of his office charges for services for 2011 and noted there is no change from the 2009 rates.

Mayor Park thanked Mr. Kuntz for his excellent service to the City. 

CITY TREASURER:          Mayor Park stated that Council was pleased with the Treasurer’s competence, advice, and support of City activities. She asked if he foresees any challenges in the upcoming year.  

Treasurer Blair stated that he began employment with the City the same time Mayor Park and Councilmember DeCourcy started their terms of office; he commented that he has enjoyed working with them.

The Treasurer stated that the City is financially sound and that he does not anticipate any issues in the upcoming year.

Councilmember DeCourcy questioned if the funds are still available for former Councilmember Bennett’s forestry project. Mr. Blair responded yes and explained that the issue would be sent to Council for their action when a formal planting plan is determine.

There was also discussion relating to the Sunfish Lake Annual Christmas Party. Mr. Blair explained that the City does not contribute toward that event and that there is a special fund for the party.

Treasurer Blair explained that in response to Councilmember Conant’s inquiries relating to the City’s cash flow he had instituted the process of sending billing statements via email to Council this past year. He noted that the City paid the Acorn Drive bond issue but remains in compliance with the League of Minnesota Cities guidelines for budget practices.  He stated he continues to research investment opportunities.

The Mayor asked if there was anything he foresees in the future for Council consideration. Mr. Blair explained that in his opinion it is important to continue emphasis on maintaining infrastructure within the City to eliminate any large emergency expenditure. He commended the fact that the City established a Pavement Management Plan and budget so that infrastructure issues can be handled annually. He noted that the culvert maintenance and easement acquisition on Charlton Road should be started and continued on an annual basis.

Councilmember MacManus asked if the Treasurer prepared the budget by himself or if other input was requested.

The Treasurer explained that he contacts each of the consultants to provide input on upcoming budgetary issues and then compiles the information for presentation to Council.

Councilmember Williams noted that road maintenance is a large expenditure. Mr. Blair agreed and also noted that Police and Fire budgets are high and subject to the CPI index.

Mayor Park questioned what happens if the City exceeds the budget. Mr. Blair pointed out that there are monies in the General Fund for expenditures; he stated that the update of the Septic System ordinance was an unforeseen expenditure and that the General Fund monies may be used for this purpose.

Councilmember MacManus questioned if Council should request an estimate for issues that require legal advice; she noted the costs related to the inquiry of limiting trash haulers.

Councilmember Williams noted that typically the City Attorney estimates the budget expenditures on an annual basis; he pointed out that some years it exceeds the budgeted amount and others it is below that amount.

Councilmember Conant commented that the Attorney does not bill by projects. Councilmember Williams pointed out it would not make sense to bill by projects, but that Council could request an estimate if they ask staff to do research.

Mayor Park stated that in her opinion Mike was conscientious and doing an excellent job.

CITY PLANNER:    Mayor Park commented that although Ms. Fuhrman has only been the planning consultant for a short time, it has been a pleasure to work with her.

Planner Fuhrman reviewed her memorandum dated December 2, 2010 and noted that the fee schedule for 2010 will remain the same as last year. She explained that the rates have remained unchanged since 2008 and that the annual planning budget will be kept at the same as the last two years at $24,000.

Councilmember Conant stated it is his hope the Planner will continue to aggressively monitor the property on the lake where the removal of vegetation near the shoreline has occurred.  Councilmember Williams stated that the LMWMO is working on regulations relating to Shoreland Districts and they should be forthcoming in the next year.

Mayor Park thanked the planning firm for maintaining the 2008 fee schedule; she asked what cities the Planner currently works with that are similar to Sunfish Lake. Ms. Fuhrman stated she works with May Township and the City of Loretto which are similar in population.

Mayor Park asked if the Planner foresees any challenges in the upcoming year. The Planner responded that the request to house chickens on residential property is the only issue that has been raised. She noted that she conducted a survey of other communities and she would address this matter at the regular meeting. She indicated that it Council should decide if they wish to impose further regulations based on input from the residents who inquired and who were invited to attend the meeting.

Councilmember Conant questioned how many chickens had been discussed. The Planner responded that she was told by both persons who inquired they wished to keep 4 to 6 females for the purpose of collecting eggs.

Mayor Park recalled that past residents had kept chickens and horses, although the demands on properties are different from the past.

Councilmember DeCourcy questioned if residents could request to house turkeys. Ms. Fuhrman explained that the ordinance provides for farm animals which include geese and turkeys. She explained that the current ordinance lists criteria for approval of a permit by the Forester.  

Mayor Park asked if the Planner foresees any other challenges or trends in the upcoming year. The Planner responded that the biggest challenge for her is transitioning to this City; however, she stated it has been a pleasure working with Council and staff over the past few months. She noted that this has been a relatively slow period for planning applications.     

Councilmember DeCourcy commented that in her opinion the Planner is doing an excellent job. Council concurred.

The Planner advised that her firm was sent a letter from the City of Inver Grove Heights requesting information on their planning services. She explained that Inver Grove Heights wishes to create a pool of consultants to work on special projects and that her firm would not bid on any project which may pose a conflict of interest. She noted that she was disclosing this information for Council prior to submitting a proposal to Inver Grove Heights.

Mayor Park suggested that the Planner also disclose this information at the public meeting.

The Mayor thanked the Planner for doing an excellent job over the past few months.       

CITY ENGINEER: Mayor Park stated that the City appreciates the fact that the firm of WSB would not be increasing fees for the upcoming year.

Engineer Hanson explained that his company is aware of the budget crisis facing cities in Minnesota.

Councilmember Conant commented that he continues to have concerns with the consistency of the engineer’s work. He noted that at the last meeting Mr. Hanson failed to obtain a sufficient number of quotes as mandated by Statues for the snow plowing contract. He stated that in his opinion the engineer attempted to deflect the issue and provided incorrect information on the budgeted amount for snow plowing.

Engineer Hanson apologized for the error in not obtaining enough quotes for the contract. He explained that there were a few years when the snow plowing budget did not exceed $25,000 and he was not aware of that the budget was higher this year until the City Treasurer corrected him.

The Engineer pointed out that plowing in Sunfish Lake is a unique situation and the pool of contractors is rather limited. He advised that when he attempted to get further quotes, one of the contractors did not respond and one responded after the deadline provided. He further explained that the Statute recommends that cities should get more than one quote if the budgeted amount exceeds $25,000; however, it also states that if other quotes are not available, one quote is sufficient.

Councilmember Conant pointed out that the information provided by the engineer regarding the snow plowing budget was still not correct; the engineer stated that the last two years budget for snow plowing was under $25,000 and that last year only one quote was obtained.

Councilmember DeCourcy commented that Pine Bend has done a fabulous job plowing in the City; she commented that the company is in close proximity to Sunfish Lake and there have been very few complaints.

Engineer Hanson suggested that Council may wish to consider a longer term for the contract, possibly 3 or 4 years. He indicated that other companies may be more willing to submit a bid on a longer term contract.

Councilmember Williams stated his concern is not with hiring Pine Bend as the only bidder, but rather that when the issue was raised the information provided by the engineer was not forthright. He commented that in his opinion it was an inappropriate response and that the engineer should have provided more of an explanation rather than attempting to deflect the issue.

Engineer Hanson again apologized and stated that he honestly was not aware the budgeted amount was so high.

Councilmember MacManus suggested that it would be appropriate for the engineer to discuss the amount with the treasurer prior to sending the request for quotes. She commented that it would be helpful to review the billing statements and track the snow fall events during the term of the contract.     

Engineer Hanson pointed out that the snow fall events are very unpredictable.
          

Mayor Park asked if the Engineer foresees any challenges in the upcoming year.

Engineer Hanson advised that the Federal government will be imposing a street sign requirement and the City is required to provide a policy plan by the year 2012; the City then has until 2015 to replace all traffic control signs to bring them into compliance and until 2018 to bring all street and informational signs into compliance. The major item is that the policy has to be in place by 2012.

The Engineer stated that the pavement condition on Windy Hill Road is suspect and there are some areas that are broken. He advised that it may not have to be done next year but he will continue to monitor the condition of the street.  He also noted that the drainage issues along Charlton Road should be addressed and the Angell Road culverts should be replaced in 2011. He commented that the Angell Road project would most likely utilize all of the funds in the 2011 Road Maintenance Budget.

Councilmember MacManus asked if there will be changes to the signs within the City. The Engineer responded no and noted it only requires a policy for reviewing signs and sign replacement.

Councilmember DeCourcy questioned the matter of an additional speed bump on Angell Road.


Engineer Hanson stated that he reviewed this matter in September and it appeared that Council was not interested in installing speed hump on the roadway so late in the year. He offered to pursue the matter again in the spring.

Councilmember DeCourcy pointed out that there are persons on the road that want the speed hump installed.

Councilmember MacManus pointed out that the engineer indicated it was costly to install and remove the temporary speed hump. Engineer Hanson stated he would attempt to get more specific information from Pine Bend Paving regarding installation of the speed hump in the spring.   

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

3.   ADJOURN:     Mayor Park called for adjournment at 7:00 p.m.

______________________                                   ___________________________

Molly Park, Mayor                                                 Catherine Iago, City Clerk