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SUNFISH LAKE CITY COUNCIL MEETING – JANUARY 15, 2008

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

 

Attendants:

 

      Mayor:  Molly Park

      Councilmembers: Joel Bennett, Cathy DeCourcy, Judy MacManus, and Richard Williams.

      City Attorney:  Tim Kuntz

      City Building Official: Russ Wahl

      City Forester: Jim Nayes

      City Planner: Laurie Smith
      City Engineer:  Tim Hanson

      City Treasurer:  Mike Blair

      City Clerk:  Cathy Iago
      Police Chief Manila Shaver

           and Members of the General Public.

     

 

1.   CALL TO ORDER:                        Mayor Molly Park opened the meeting at 7:00 p.m. Planner Smith introduced Annie Rexine and advised she is a planner and landscape architect who would serve as the interim planner while she is on maternity leave. Mayor Park also introduced Carl Elam and his canine partner Mike who would provide a brief presentation later on the agenda.

 

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

Councilmember DeCourcy moved approval of the Agenda, seconded by Councilmember Williams, and carried.

  

3.   CONSENT AGENDA:       The Mayor asked if there were any questions or comments relating to any items on the Consent Agenda and there was no response. 
 
Councilmember MacManus moved approval of the Consent Agenda, seconded by Councilmember Bennett and carried.

 

a.      Regular Council meeting minutes of Decemer 4, 2007

b.      List of Bills

c.       Monthly Financial Statements

 

4.   COMMENTS FROM THE PUBLIC:   None.

 

5.   PRESENTATION:   Police Officer Carl Elam and Canine Officer Mike.   

Officer Carl Elam introduced his canine partner Mike, a two year old German Shepard from Slovakia, who lives with Carl and who joined the police department in January of 2006. He stated that he and Mike began extensive training through the Canine Academy in March, 2007 and finished as one of the top teams in their class. He advised that Mike started working the street with Carl in May of 2007 and pointed out that Mike is trained as a “locating tool” that can assist police personnel in locating persons or items.

 Officer Elam offered to return during the summer months to provide a demonstration of Mike’s training; he suggested attending the annual Arbor Day celebration at Harmon Park.

Mayor Park pointed out that the City would be celebrating it’s 50^th anniversary this year and it may be possible to plan the demonstration in conjunction with that celebration so that the residents children could become acquainted with Officer Elam and Mike.   
Officer Elam explained that Mike has been used for residential alarm perimeter checks and that he is credited with 8 arrests. He offered to respond to questions.

 

      Henry Hovey asked why the department chose a dog from Slovakia.  Officer Elam responded that all police services dogs come from Europe due to the fact that they are bred to work and are healthier.

Eberhard Bulach asked the cost to feed and maintain the dog as a budget item.

Officer Elam explained that feeding the dog is approximately $400 per year and that the higher costs relate to maintaining the dog’s training and outfitting the police vehicle to accommodate the dog; he noted that the dog was donated to the department and the City also received several donations from the public and organizations to fund the costs. He commented that he was unable to provide an exact budgetary amount.

Jim Nayes questioned if the dog is still considered a puppy and if his abilities will mature. Officer Elam agreed that the dog is considered a puppy until he is three years old and that he has matured and his abilities will continue to mature. He explained that dogs are not naturally aggressive and training teaches that behavior.

Councilmember DeCourcy asked if the dog works nights. Officer Elam responded yes and explained that the majority of calls occur during the evening hours; however, Mike has also been called out during the day.

Councilmember Bennett asked the retirement age of the dog. Officer Elam advised that usually the dog is active for 8 or 9 years and that the health of the dog would determine the retirement age.

Mayor Park asked if the dog’s locating abilities would be hampered by the fact that Sunfish Lake is more sparsely populated and has wooded areas. Officer Elam explained that the wooded areas are a much better environment for the dog’s abilities; he stated there is less distraction than densely populated areas and it is harder for them to track on pavement.

Mike Blair asked if other agencies use the dog’s services. Officer Elam responded yes and explained that Mike has worked with the surrounding communities.

Mayor Park thanked Officer Elam and Mike for their presentation.

 

6.   2008 STANDARD BUSINESS PROCEDURES:

 

      a.   Appointment of Acting Mayor:  Mayor Park recommended the appointment of Councilmember Williams to serve as Acting Mayor in her absence and also that the rotation continue as in the past; Councilmembers DeCourcy,  MacManus and Bennett. Council concurred with her recommendation.

Councilmember DeCourcy moved, to approve the appointment of Councilmember Williams to serve as Acting Mayor in the absence of the Mayor and to continue with the established rotation of Councilmembers DeCourcy, MacManus and Bennett, seconded by Councilmember MacManus and carried.

 

       b.                          Appointment of Planning Commissioners and Chair:  Mayor Park explained that two of the Planning Commissioners terms expired December 31, 2007. She stated that she had spoken to both Tom Votel and Arnold Svendsen and they wished to be reappointed to the Commission to serve three-year terms. She further advised that she had asked Chair Eberhard Bulach if he wished to continue as Chair for 2008 and he agreed. She noted that Commissioners Joanne Wahlstrom and Andrea McCue had two years remaining on their terms. The Mayor asked Council to ratify the appointments.

Councilmember Bennett moved to reappoint Tom Votel and Arnold Svendsen to the Planning Commission to serve three-year terms commencing January 1, 2008 and to reappoint Eberhard Bulach as Chair of the Commission for 2008, seconded by Councilmember Williams and carried.

 

       c.   Memo and Resolution Designating Official Newspaper:  Mayor Park explained that each year the City designates the official newspaper for legal publications and she referred Council to the letter dated November 13, 2007 from the Lillie Suburban Newspaper requesting this designation. Council concurred.

Councilmember Williams moved to adopt Resolution No. 08-01 titled, RESOLUTION DESIGNATING THE SOUTH-WEST REVIEW NEWSPAPER AS THE OFFICIAL NEWSPAPER FOR THE CITY OF SUNFISH LAKE for 2008, seconded by Councilmember DeCourcy and carried.
  

       d.   Memo and Resolution Designating Official Depositories for City Monies:  Mayor Park explained that each year the City designates official depositories for City funds. She asked the City Clerk to read the depositories listed on the resolution. Treasurer Blair advised that the depositories had not changed from last year.

Councilmember Williams moved to adopt Resolution No. 08-02 titled, RESOLUTION DESIGNATING FUND DEPOSITORIES FOR THE CITY OF SUNFISH LAKE, seconded by Councilmember DeCourcy and carried.

 

       e.   Appointment of Weed Control Manager:  The Mayor recommended delegating the Weed Control Manager duties to the City Forester Jim Nayes.

Councilmember DeCourcy asked the status of Mark Johnson. Mayor Park explained that she had visited with Mark this week and he informed her he plans to be back in the United States in May. She explained that Mark indicated he wished to serve as the City Forester upon his return; however, he was concerned how it may affect Mr. Nayes.

Jim Nayes stated that when he took the position it was with the understanding it would be until Mark returned and whatever the Council decides is fine with him.

       

      f.    Appoint Representatives to Cable Commission:  Mayor Park explained that this appointment is not necessary since she and Jim Sullivan currently serve in this capacity and their terms do not expire until next year.


 

7.   INSPECTOR’S REPORTS: 

 

a.   Building Inspector: Inspector Wahl stated he conducted 8 inspections in December and issued 1 permit.  He explained that a Temporary Certificate of Occupancy was issued to property owner Jack Metcalf at 10 Hamen Court until all work has been completed at this location.

 

      Council thanked the Building Inspector for his report.

 

2. City Engineer:  Angel Acres Preliminary Plat Review:  Engineer Hanson stated there has been no activity on this project.
   
   Charlton Road Feasibility Study: The Engineer advised that no meetings of the Charlton Road Task Force were held in December. He stated that he would attempt to set up a meeting in February. 
   
   Updated City Maps:  The Engineer advised the 2008 City street map was updated and he had copies for distribution; copies were mailed to the Police Chief and Fire Chief.
   
   Larson Parcel:  Engineer Hanson advised that he met with Jim O’Hagen regarding the exposed soil and potential erosion into Sunfish Lake from the Larson property. He explained that he Mr. Larson has been working with the City Forester to clean out buckthorn, box elder and dead trees from his property. Mr. Nayes indicated that Mr. Larson has agreed to install erosion protection at the base of the slope and he advised Mr. Larson the work needs to be completed prior to spring rainfall events.
   
   Xcel Energy Tree Trimming:  The Engineer explained that Xcel Energy notified the City that they would be conducting both distribution and transmission line clearance. He stated that Xcel Energy has contacted property owners regarding the clearing of problematic trees and Wright Tree Service will be completing the work. He noted that he suggested posting information regarding the XCel Energy Tree Trimming on the City website.
   
   Snow Removal:  Engineer Hanson advised there were four (4) snowfall events in December and that he had not heard any complaints relating to snow removal after any of the events.
   
   Council thanked the Engineer for his report.
   
    
3. CITY PLANNER:   Mullery Concept Plan: Planner Smith explained that at the last Council meeting a decision on the review of the Mullery Property Subdivision Concept Plan was tabled. She explained that a letter was sent to Mr. Mullery outlining the Council’s concerns and the decision to table the matter to the next meeting. She noted that she had not heard from Mr. Mullery since the letter was sent; however, she explained that he is present this evening. She reviewed the original proposal that subdivided the property and attach a portion to the Bulach parcel and also to Lot 3 to add additional acreage to both of those parcels. She noted that the Council had concerns relating to whether or not the subdivision would result in creation of lots that were less than the net 2.5 acres required by City Code since there was insufficient information relating to wetlands and slopes.
   
   Councilmember Bennett pointed out that the newly created Lot 3 would result in more than 6-acres and could potentially be further subdivided; he questioned if Mr. Mullery had indicated he wished to further subdivide that parcel.
   
   Tom Mullery explained that originally the lots were divided with the intent to keep the land for family use. He  explained that the portion proposed to be attached to the Bulach lot was intended to provide a 17 ft. setback so that the Bulach lot would meet setback requirements. He pointed out that the wetland shown on the drawing used by the Planner does not exist and that he currently mows that area.
   
   Mayor Park explained that some agency must have determined the area to be a wetland if it is shown on the plat.
   
   Councilmember Williams asked the source of the plat map. The Planner responded that the map came from Dakota County GIS information and that the plat shows the wetland area.
   
   Councilmember Williams explained that Mr. Mullery is asking Council to review a concept plan for a subdivision and he does not wish to make any decisions that would hamper the future buildability of a lot or create a substandard lot without sufficient information. He stated he understood the intent of attaching a portion of the lot to the Bulach parcel, but he questioned what Mr. Mullery planned to do with the larger parcel of land.
   
   Mr. Mullery stated he wishes to develop the larger parcel and that the City should provide a correct map.
   
   Councilmember Williams explained that if Mr. Mullery plans to makes a formal application for development of the parcel it would be his responsibility to submit a survey that shows the acreage of the lots meets requirements. He advised that the Planner would be willing to provide the source of the map she used; however, a current survey of the land would be most appropriate.
   
   There was discussion regarding the wetlands shown on the plat map and where the ponding area is located on the adjacent Bennett property.
   
   Councilmember Bennett stated he could provide a plat of his property that shows the location of the pond and that he believes there must be a plat of the Mullery property recorded at the County.
   
   Mayor Park agreed that a current land survey would be appropriate; she explained that when her home was constructed the structure had to be moved forward because the area where it was to be located had water that did not show on the plat.
   
   Engineer Hanson explained that the exact location of any wetlands could be determined when a certificate of survey is completed; he noted that a survey could not be done until early summer.
   
   Mayor Park pointed out the survey would also be for Mr. Mullery’s protection and for future sale of the property.
   
   Planner Smith explained that Council should make a formal motion on the matter.
   
   Councilmember Bennett explained he did not wish to support the proposal without further information since he preferred not to create substandard lots.
   
   Councilmember Williams stated it does not prejudice future plans if Council comments unfavorably on the concept plan.
   
   Councilmember Williams moved to comment unfavorably on the Mullery Subdivision Concept Plan based on the fact that there is insufficient information to determine if the plan would result in substandard lots.
   
   Councilmember MacManus explained that she is unsure if commenting unfavorably would apply since it has not been determined if the plan is inconsistent with the Sunfish Lake Zoning Ordinance, Subdivision Ordinance and Comprehensive Plan. She questioned if it would be better to comment favorably on the concept plan.
   
   Mayor Park stated she would tend to be proactive.
   
   Council asked the City Attorney for his opinion as to whether or not a motion could state that there is insufficient information to make a determination on the plan. Attorney Kuntz concurred that motion would be appropriate.
   
   Councilmember Williams moved that Council is unable to comment favorably on the Mullery Subdivision Concept Plan based on the fact that there is insufficient information to determine if the plan is consistent witht he Sunfish Lake Zoning Ordinance Subdivision Ordinance and Comprehensive Plan, seconded by Councilmember DeCourcy and carried.
   
   Councilmember Bennett indicated that further consideration of the proposal should be delayed until a certificate of survey is completed that delineates the wetlands and slopes on the property.
   
   Councilmember MacManus asked if every applicant is required to submit a survey. Planner Smith responded yes.  
   
   Comprehensive Plan Update:   Planner Smith explained that a Public Hearing would be conducted by the Planning Commission at the January 16 meeting and this would open the comment period on the Comprehensive Plan Update. She advised that if the Planning Commission deems the draft plan appropriate, staff would distribute the document to surrounding jurisdictions for their comments. She explained that the parties will have six months to send comments and feedback on the draft plan or waivers stating they have no comments.
   
   The Planner asked that the Planning Commission be allowed to make a determination to send out the draft plan to surrounding jursidictions if they believe it is appropriate; she noted that Council would have ample opportunity to review and comment on the plan.
   
   Councilmember Williams moved that Council would concur with the decision of the Planning Commission regarding whether or not the Draft Comprehensive Plan Update should be distributed to surrounding jurisdictions to begin the six month comment period, seconded by Councilmember MacManus and carried.
   
   Council thanked the Planner for her report.
   
    
4. CITY FORESTER:  Forester Nayes advised that the Wright Tree Company is working with Mr. Larson regarding providing mulch for the areas that have been cleared on the Larson property and that Mr. Larson has agreed to install erosion control measures. He explained that he had issued one (1) burning permit for the month of December and that he had also talked to Mark Johnson while he was in town visiting.
   
   Mr. Bulach explained that he was issued a burning permit in November that he did not use and asked if he could still use the permit. Mr. Nayes suggested Mr. Bulach contact him and he would adjust the date of the permit.
   
   Council thanked the Forester for his report.
   
    
5. PUBLIC SAFETY:   Mayor Park distributed the Public Safety monthly report for November, 2007. Chief Shaver reviewed the calls and explained that police had responded to a call regarding unknown persons fishing on Sunfish Lake and found a father and his two sons fishing; he stated the man explained that he had permission from a previous landowner to fish on the lake.
   
   Jim Nayes stated he lives adjacent to Horseshoe Lake and that persons fishing on the lake leave trash; he asked who to call regarding this matter. Chief Shaver suggested Mr. Nayes call the police department; he noted that he encourages the police officers to spend more time patrolling in Sunfish Lake.
   
   Councilmember DeCourcy asked if the Chief had any information regarding the hit and run accident that occurred the night of the Sunfish Lake Holiday party. Chief Shaver responded that he was unaware of the incident but that he would check into the matter.
   
   Council thanked the Chief for his report.  

           

8.   OTHER BUSINESS:   

a.   Discuss Regulating Non-Resident Access to Sunfish Lake and Horseshoe Lake:   Mayor Park explained that it had been brought to her attention during a recent meeting of residents surrounding Sunfish Lake that unknown persons are fishing on the lake. She stated that she believed some type of permission, either verbal or written, from an adjacent property owner was required if persons wished to fish on the lake; however, in checking with staff she found there are no regulations in the ordinances. The Mayor introduced several residents who live adjacent to the lake and are present for the discussion of this issue; Holly Hammett-Divine, Jackie Pastor, Phil Murray and Alice Harris. She also noted that she had received several calls and emails from other residents who also had concerns.

Planner Smith explained that there are no ordinances that require permission from a property owner to fish on the lake, but it is a State law.

The Mayor stated that in her opinion there should be some type of permit issued, similar to the bow hunting permit process, for fishing on the lake.

Councilmember Bennett agreed and stated he believes the permit process should include residents who do not live on the lake as well as non-residents.

Mayor Park questioned if permission from a property owner is granted would the person be allowed to move to other areas on the lake to fish.

Planner Smith explained that once a person is granted permission to access the lake from a property, the water is considered public property.

Phil Murray commented that it is his impression that his property extends into the lake and is private including the water area.  Planner Smith explained that is incorrect; she noted that the water is considered public property once someone has accessed the property. She noted that there are no public access areas around Sunfish Lake and therefore no one can access the water without permission from a property owner; she suggested that the property owners surrounding the lake could develop a statement prohibiting access to all properties surrounding the lake and post a notice stating the same.

Alice Harris asked if there is any method to enforce persons accessing without permission and if there is an ordinance that prohibits leaving ice houses on the lake overnight.

Jackie Pastor explained that most persons fishing on the lake use portable ice houses.

Attorney Kuntz stated he had contacted the DNR and talked to three persons, one being Tony Salsar, the DNR representative for the City of Sunfish Lake. He distributed information from the DNR and Minnesota State Statutes. He explained that the City does not have the ability to adopt regulations relating to the lake unless the State agrees and also approves the regulations; he referred to the adoption of the 1999 Ordinance that prohibits motorized watercraft on the lake. He noted that the water is controlled by the State and the land surrounding the water by the property owners.

Mr. Kuntz explained that a person cannot be charged with trespassing on private property until such time as they are asked by the property owner to leave and do not comply with the request.  He stated that residents have expressed concern regarding how to stop persons from accessing private property since some of the residents leave for warmer climates during the winter months.  He suggested that those properties could be posted with “No Trespassing” signage

Mr. Kuntz also explained that Tony Salsar of the DNR had offered to visit the lake and assist with enforcement of the treaspassing issue. He stated he had also talked to Chief Shaver and the Chief has also expressed a willingness to assist with the matter; he noted that there is a police officer assigned to deal with recreational issues and that this would fall under that category.

Mayor Park expressed concern that some residents may not be willing to post signage on their property and she asked if they would be breaking the law to refuse to post signage. Mr. Kuntz responded no, but he noted that support from the surrounding property owners would be needed for enforcement. He suggested that the signage need only be posted at access areas on the property and that it would be no different than posting “No Hunting” signs.  

Councilmember MacManus asked if all the property owners surrounding the lake would agree to posting. Mayor Park indicated that all homestead property owners would most likely agree to the posting.

Henry Hovey pointed out that all three lakes in the City abut public roadways and persons could gain access from the roadway. Mr. Kuntz stated he does not believe that statement is correct and that the City right-of-way would normally end prior to the water.

Attorney Kuntz commented that trying to control the water area would not be appropriate and that the focus should be preventing access to the land surrounding the lake; he pointed out that if a neighbor allows a person to access to the lake, the adjacent property owners would not be able to stop the person from being on the water. 

Chief Shaver commented that if no trespassing is the intent the signage would be necessary for enforcement, especially during the winter months when there are absent property owners. He encouraged residents to call the police if they see suspicious persons on the lake or to check if permission was granted to those fishing.

Councilmember Williams asked if an ordinance could be adopted that requires written permission versus verbal permission. Councilmember MacManus agreed that written permission would be preferable; she noted that there are cars parked everyday next to the Conant property and she does not believe the persons have permission to access the property in that location.

Mayor Park noted that the roads are private in Sunfish Lake and questioned if permission is needed to access the roads to get to the lake properties. Mr. Kuntz explained that anyone can drive into your driveway and the violation would only occur when they are asked to leave and do not comply.

Councilmember DeCourcy asked if the homeowners had any ideas for keeping persons off the lake. Phil Murray responded that there is no perfect solution and that absent landowners may go on for long periods of time. He suggested that an occasional visit by the police or the DNR representative to verify permission may have an impact since word would get around that the City is checking permission.

Jackie Pastor stated she has had strangers drive up to her home and ask to access the lake to fish. She questioned who to call since she preferred not to walk down to the lake and ask if the person has permission to fish.

Chief Shaver advised she should call the police department.

Councilmember Williams asked the Attorney if an absent property owner could give the power to grant permission to an adjacent neighbor if they do not wish to post signs on their property.

Chief Shaver indicated that a person leaving for the winter months could provide a letter to the police department stating that no one has permission to access their property or list those who do have permission to fish.

Councilmember DeCourcy suggested that the Mayor could talk to residents on the lake to explain the issues. 

Mayor Park asked how the discussion on this matter could be concluded this evening.

Attorney Kuntz suggested that the residents should be informed to call the police department to identify persons fishing on the lake and that absentee homeowners could leave information with the police department regarding whether or not they have given permission for persons to fish in their absence.

Chief Shaver suggested that Council may wish to draft a letter to landowners surrounding the lake and list the concerns discussed this evening and possible solutions to assist with enforcement of this issue.

Councilmember DeCourcy stated she supports the idea of written permission rather than verbal permission being granted. Chief Shaver agreed that written permission would be preferable to assist with enforcement.

 Attorney Kuntz suggested that the Mayor may wish to draft a letter under her signature on behalf of the Council for distribution to residents surrounding the lakes.

Phil Murray asked if Mr. Salsar of the DNR would have any role in enforcement. Mr. Kuntz explained that Mr. Salsar’s telephone number could be included in the information, 651-779-3651, and that he believes Mr. Salsar could work with the police department on the enforcement issue.

Phil Murray suggested that the letter should summarize Mr. Salsar’s duties at the DNR.

Engineer Hanson pointed out that Horseshoe Lake does have property that abuts right-of-way for Highway 3 and residents should be aware that persons could access the lake in that area. Planner Smith noted that the DNR had also confirmed that area as a public access issue.

Mayor Park thanked everyone for their participation

The Mayor read a thank you note from Myra Hamper’s family for attendance at Myra’s going away party and for the bench that would be placed in her honor. Mayor Park advised that over $1,000 has been collected for the bench.          

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

 

9.   ADJOURN:           Councilmember Bennett moved for adjournment at 9:15 p.m., seconded by Councilmember Williams and carried.
           

______________________                                              ___________________________

Molly Park, Mayor                                                 Catherine Iago, City Clerk      

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