SUNFISH LAKE CITY COUNCIL MEETING – JANUARY 16,
2007
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor Molly Park
Councilpersons: Joel
Bennett, Judy MacManus, and Richard Williams.
City Attorney:
Timothy Kuntz
City Building
Official: Russ Wahl
City Planner: Laurie
Shives
City Clerk: Cathy Iago
and Members of
the General Public
Absent: Cathy
DeCourcy.
1. CALL TO ORDER: Mayor Park opened
the meeting at 7:00 p.m. The Mayor explained that Councilmember DeCourcy would
not be in attendance this evening. The Mayor requested the agenda be amended
to move the Building Inspector’s report ahead of the regular business items
since his wife was ill. Mayor Park also requested two items be added to the
Agenda; 1) a Resolution Accepting the Fee Schedule for 2007 under the Planner’s
Report, and 2) discussion of removal of the McFadden ice fishing house under
Other Business. The Mayor explained that the Oaths of Office would be
administered by the City Clerk prior to formal action on the agenda items.
The City Clerk administered the Oaths of Office to Mayor Park and Councilmember
Williams.
2. APPROVE AGENDA: Councilmember
Williams moved approval of the Agenda as amended, seconded by Councilmember
Bennett and carried.
BUILDING OFFICIAL: Inspector Wahl stated he conducted 9 inspections in December
and issued 1
permit.
Council thanked Mr. Wahl for his report and wished his wife a speedy recovery.
3. CONSENT AGENDA: Mayor Park explained
that there were three sets of Council minutes for approval; December 4, 2006
Truth in Taxation Minutes and Regular Meeting Minutes and December 12, 2006
Consultant Reviews and Special Meeting.
Councilmember Williams moved approval of the Consent Agenda, seconded by
Councilmember MacManus and carried:
a.
Minutes of the December 4, 2006 Truth in Taxation and Regular Council
Meeting and Minutes of the December 12, 2006 Consultant Reviews and Special
Meeting.
b.
List of Bills
c.
Monthly Financial Statements – December, 2006.
4. COMMENTS FROM THE GENERAL PUBLIC: Mike
Hovey asked if more sand could be placed at the end of Charlton Road adjacent to
Highway 110 due to the ice buildup. Mayor Park stated she would contact the City
Engineer with this request.
5. 2007 STANDARD BUSINESS PROCEDURES:
a. Resolution Setting Dates of Regular
Council Meetings: The City Attorney reviewed the memorandum establishing the
regular Council meeting dates for 2007. He noted the only change suggested was
to delay the July 3 meeting to July 10 in lieu of the July 4th
holiday.
Councilmember Bennett moved to adopt Resolution No. 07-01 titled, RESOLUTION
SETTING THE DATES OF THE REGULAR CITY COUNCIL MEETINGS FOR THE YEAR 2007,
seconded by Councilmember Williams and carried.
b. Resolution Setting Dates of Regular
Planning Commission Meetings: The City Attorney reviewed the memorandum
establishing the regular Planning Commission meeting dates for 2007 and noted
there were no suggested changes.
Councilmember Williams moved to adopt Resolution No. 07-02 titled, RESOLUTION
SETTING THE DATES OF THE REGULAR PLANNING COMMISSION MEETINGS FOR THE YEAR 2007,
seconded by Councilmember MacManus and carried.
c. Appointment of Acting Mayor: Mayor
Park explained that she had asked Councilmember Williams to serve as Acting
Mayor in 2007 and in his absence she would request that Councilmember DeCourcy
serve in that position. She asked Council for acceptance of her recommendation.
Councilmember Bennett moved to accept the recommendation of Mayor Park to
have Councilmember Williams serve as Acting Mayor in 2007 and in his absence to
Councilmember DeCourcy would serve in the position, seconded by Councilmember
MacManus and carried.
d. Appointment of Planning
Commissioners and Chair: Mayor Park recommended that Commissioners JoAnne
Wahlstrom and Andrea McCue be appointed to serve two-year terms on the Planning
Commission and that Eberhard Bulach be appointed as Chair. She explained that
Mr. Votel has done an excellent job as Chair however; since he has only one year
left to serve she is recommending Mr. Bulach serve in the Chair position.
Councilmember Bennett moved to ratify the recommendation of Mayor Park to
re-appoint Commissioners Bulach and McCue to serve a two-year term on the
Planning Commission and to appoint Mr. Bulach as Chair for 2007, seconded by
Councilmember Williams and carried.
e. Resolution Designating Official Newspaper: The City Attorney reviewed the
memorandum recommending the South-West Review Newspaper be designated as the
official newspaper for 2007. The Mayor asked that staff notify the newspaper of
the appointment.
Councilmember Williams moved to adopt Resolution No. 07-03 titled, RESOLUTION
DESIGNATING THE SOUTH-WEST REVIEW NEWSPAPER AS THE OFFICIAL NEWSPAPER FOR THE
CITY OF SUNFISH LAKE FOR 2007, seconded by Councilmember MacManus and carried.
f. Resolution Designating Official
Depositories for City Monies: The City Attorney reviewed the memorandum
regarding designating official depositories for City monies in 2007.
Councilmember Williams asked is the resolution should include language that
allows the designated Acting Mayor to transfer funds in the event it is
necessary. The City Attorney stated that language could be included to authorize
the Acting Mayor to do so.
Councilmember Williams moved to adopt Resolution No. 07-04 titled, RESOLUTION
DESIGNATING FUND DEPOSITORIES FOR THE CITY OF SUNFISH LAKE with an amendment to
paragraphs 2 and 3 that includes language which states “or person acting on
behalf of the Mayor in her absence” in order to allow for fund transfers by the
Acting Mayor, seconded by Councilmember MacManus and carried.
g. Appointment of Weed Control Manager: Mayor
Park explained that she is the official Weed Control Manager and that she
annually designates those duties to the City Forester. Council concurred.
h. Appointment of Representatives to the
Cable Commission: The City Clerk advised that NDC4 had requested the Council
officially appoint a Council and citizen representative to serve a two-year term
on the Cable Commission. She explained that Mayor Park and James Sullivan are
the current representatives and have had excellent attendance at the meetings.
Mayor Park recommended that she and James Sullivan be reappointed to serve
two-year terms.
Council unanimously confirmed the Mayor’s recommendation to appoint the Mayor
and Mr. Sullivan to serve as the Cable Commission representatives for 2007-2009.
Mayor Park introduced
resident Jim Nayes who has been asked to serve as Acting Forester in Mark
Johnson’s absence. She asked Mr. Nayes to provide Council with some information
on his background for this position.
Mr. Nayes explained that he and his family moved to Sunfish Lake in July and
that he is an Arborist. He noted he recently served as President of the
Minnesota Arborists Society and holds two Masters Degrees. He advised that
shortly after moving to the City he met Mark Johnson and was asked to assist
with the Arbor Day celebration as Mark was unable to make it back from vacation
in time for the event. He noted that he would be using his business vehicle to
respond to resident calls and therefore he had a logo of a “Sunfish” made to
display in the vehicle. He stated he looks forward to working with the City as
the Acting Forester.
Mayor Park stated this matter would be discussed later this evening.
6. PLANNING COMMISSION: Planner Shives
explained that the Planning Commission reviewed a request for a conditional Use
Permit for an accessory structure in the front yard of the Chang property
located at 2 Roanoke Road at their December meeting. She advised the Zoning
Ordinance allows for placement of an accessory structure in the front yard
provided that topography or other location and aesthetic components assure that
the location of the structure would not have a detrimental affect on neighboring
properties. She stated the proposed structure would be a 6 ft. by 8 ft. screen
house and would be screened from adjacent properties and roadways with existing
vegetation and topography. She noted the proposed structure would be compliant
with required setbacks, height limitations and exterior material requirements.
She explained the structure would not have any electricity and would be used for
meditation purposes.
The Planner advised the request is consistent with the CUP criteria as outlined
in the Zoning Ordinance. She stated that Mr. Larry Durand, contractor for the
applicant, was present at the meeting to answer questions. She explained that
the Planning Commission concurred that the proposed location of the accessory
structure would not have a negative impact on adjacent properties and voted
unanimously to recommend approval of the request subject to the conditions
outlined in the Planning report and added one additional condition that the
height of the structure not exceed 16 feet. The Planner also stated that there
were no comments from the neighbors or public at the meeting.
Mayor Park asked if there were any comments from the Council or public and there
was no response.
Councilmember MacManus moved to approve the Conditional Use Permit for
construction of an accessory structure within the front yard at 2 Roanoke Road,
subject to the three conditions as listed in the Planner’s report dated January
5, 2007, seconded by Councilmember Williams and carried.
Planner Shives presented the proposed Fee
Schedule for 2007 and explained the only changes relate to the Heating and Air
Conditioning Permits as recommended by the Building Inspector; the permits would
be $25 for replacement and $50 for new construction. She also noted that the
Building Inspector had requested the additional of a Mechanical Permit and the
fees recommended for this type of permit would be $25 for replacement and $50
for new construction.
Mayor Park questioned what types of projects would require the Mechanical
Permits. Councilmember Bennett explained the permits would be required for air
conditioning, heating, natural gas installations, etc.
Councilmember Williams moved to adopt Resolution No. 07-05 titled, A
RESOLUTION ESTABLISHING ADMINISTRATIVE FEES, CHARGES, APPLICATION AND ESCROW
AMOUNTS RELATED TO THE PROCESSING OF BUILDING PERMITS/SITE PLANS, ZONING AND
SUBDIVISIONS REQUESTS, which includes the new permit and fees for mechanical
installations, seconded by Councilmember MacManus and carried.
The Planner advised that an application for soil stockpiling on the Mager
property was received for the 30-acre site located at the northwest corner of
Salem Church Road and Windy Hill Road. She explained that staff met with the
applicant, Mike Kampmeyer (The Acadia Group) to discuss the proposed stockpiling
and staff determined that it would not be appropriate aesthetically and without
a plan the staff would not be able to determine what portions of the site would
contain the temporary soils. She noted that there were no plans submitted
delineating the septic site and the Zoning Ordinance requires that these sites
need to be placed in an area of undisturbed soils.
The Planner stated that after discussion with staff, the applicant decided to
withdraw the application and may submit a preliminary plan at a future time.
Mayor Park asked who would bear the financial responsibility for these
discussions. Planner Shives advised that the application fees would be used for
preparation of the reports and staff time for discussion with the applicant; the
only costs borne by the City would relate to questions from residents to staff.
Mayor Park explained that she had been contacted by Mr. McFadden regarding
removal of the icehouse that was placed on the property prior to him purchasing
the land. She noted the icehouse must be removed because it is too close to the
water and Mr. McFadden has asked if it could be done in the winter when the lake
was frozen in order to accommodate easier removal of the structure. She
questioned if the City could allow Mr. McFadden to use an ATV to pull the
structure across the lake since no motorized vehicles are allowed on the lakes.
She also noted that Mr. McFadden would have to obtain permission from Mr. Pastor
to bring the structure across his property.
Planner Shives advised that the City Attorney had suggested a temporary one-day
permit could be issue to accommodate the removal of the structure.
Councilmember Williams suggested that a temporary permit could be issued that
allows the use of an ATV solely for the purpose of removing the icehouse
structure.
Mr. Kuntz explained that Ordinance 604
prohibits ATV’s on the lake with the exception of emergency personnel or for
furtherance of enforcement; he noted that the City could recognize the activity
as exempt to accommodate enforcement for removal of the structure.
Councilmember Williams moved to declare the activity of Mr. McFadden to
utilize an ATV on the lake for the purposes of removal of the icehouse structure
from his property as an exemption from Chapter 604 and allow its use for
enforcement purposes for removal of the structure only, seconded by
Councilmember MacManus.
In discussion, Mayor Park asked if the City would have to obtain permission from
Mr. Pastor or if Mr. McFadden should do so. Attorney Kuntz responded that
obtaining permission from Mr. Pastor should be the responsibility of Mr.
McFadden.
Councilmember Bennett questioned if the lake is frozen enough to accommodate an
ATV. He suggested that Council order removal of the structure before March 1,
2007 and that the City would provide an exemption for Mr. McFadden to use a
motorized vehicle to remove the structure after he obtains permission from Mr.
Pastor or other property owner to take the structure across their property.
Mayor Park asked for a vote on the
motion. Council unanimously approved the motion.
Mayor Park stated she would contact Mr. McFadden and advised him of the
actions taken.
7. INSPECTOR’S REPORTS:
a. BUILDING
OFFICIAL: Discussed earlier.
b.
PUBLIC SAFETY: Mayor Park distributed information to the City Clerk and
noted that due to the change over in the dispatch center, the Police Clerk was
unable to generate a report for Council.
c. CITY FORESTER: Mayor Park explained
that the City Forester advised Council he would be spending time in Sweden with
his family. She stated she and Mark meet with Jim Nayes to discuss duties for
the Acting Forester in Mark’s absence. She noted that Jim would issue burning
permits and had agreed to the same salary of $24 per hour to serve in this
capacity.
Councilmember Bennett questioned if Mr. Nayes should be appointed as the City
Forester since he would be required to sign documents. Councilmember Williams
agreed since it is a contract position it could be terminated when Mark returns.
He also noted that Mr. Nayes has the opportunity to terminate the contact at
will.
Councilmember Williams moved to appoint Jim Nays as City Forester at a rate
of $24.00 per hour under a contractual relationship that may be terminated at
the will of the City or Mr. Nayes by notice, seconded by Councilmember Bennett
and carried.
Mayor Park explained that Council had previously discussed the
possibility of providing some type of assistance with health care benefits for
Mark Johnson and his family. She stated she had contacted the Human Resource
person in Apple Valley who suggested that the Forester attempt to find
individual coverage with a healthcare provider. She also advised that she asked
the City Treasurer to suggest a reasonable amount of money the City may provide
for this purpose and he suggested that $500 a month would be reasonable. She
noted that the Treasurer based the dollar amount on the fact that most tree
trimmers charge approximately $60 per hour and the Forester is paid $24 per
hour; generally the Forester works 330 hours per year and the cost differential
between the two amounts would coverage the monthly stipend.
Mr. Kuntz explained that the issue for the City would not be to provide
healthcare coverage, but that the salary increase may be used for that purpose
by the City Forester.
Councilmember Williams agreed that he would prefer a salary increase for the
Forester rather than providing healthcare coverage.
Councilmember Bennett noted that Council had agreed to pay Mr. Nayes $24 per
hour and was now discussing increasing the Forester’s salary to $42 per hour.
Mayor Park pointed out that the salary increase would not be considered until
Mr. Johnson was back on staff.
Councilmember Bennett agreed that some type of compensation maybe in order and
that it should be discussed after Mark returns.
Treasurer Blair pointed out that most consultants positions are “desk” oriented
and that the City may have some liability if the Forester falls when trimming
tress. Councilmember Williams disagreed and noted that since the Forester is a
consultant and not an employee he does not believe the City would be liable.
Councilmember Bennett offered to work with the Treasurer, Attorney and Mark
Johnson to resolve the matter upon Mark’s return.
8. OTHER BUSINESS: The Planner and Mayor
discussed possible times and dates to meet with the Event Planner from Bethel
Baptist Church regarding the proposed summer event.
Council reviewed the Engineer’s report dated January 16, 2007 as follows:
1) The Tostrud barn foundation removal was completed in December. Re-grading of
the site was done around the old barn and milk house on the property; the
contractor has also reseeded and mulched the area to reestablish the turf and
the slope are acceptable.
2) The final paperwork on Acorn drive has been full executed and the project is
complete.
3) The updated City maps have been forwarded to the West St. Paul Police and
Mendota Heights Fire Department for their use; maps are available for Council by
contacting the City Engineer.
Councilmember Bennett stated he wished to have a copy of the map; Mayor Park
stated she has copies and would bring them to the next meeting.
Attorney Kuntz explained that he had received a letter from the Public Employees
Retirement Association (PERA) regarding Ms. Iago’s status as an Independent
Contractor. He advised that Ms. Iago had submitted a copy of her proposed
contract with the City prior to her retirement in June to confirm that she would
qualify as an Independent Contractor versus an employee of the City and received
notification from PERA that they had deemed her to be an Independent
Contractor. He stated that an employee of PERA had re-opened the matter and
reviewed the status of Ms. Iago with the Board of Trustees based on the fact
that a City Clerk’s responsibilities are governed by State Statutes and
therefore, the Board overturned the original finding. He noted that Ms. Iago
has 60-days to appeal the matter.
Mr. Kuntz pointed out that the Treasurer would be the only other position in the
City governed by State Statutes. He stated that he would be working with Ms.
Iago and Mr. Blair regarding preparation of the appeal relating to the PERA
decision. He reviewed possible impacts to the City due to this decision and for
Ms. Iago regarding salary and tax withholdings and advised that he would keep
Council informed regarding this matter.
Treasurer Blair explained there was a $600 contribution made by the City to Toys
for Tots after the Sunfish Lake Christmas party. Mayor Park thanked Mike
Costello and William Perkins for providing the food at the party and welcoming
residents to their home for the event.
Mayor Park asked if there were any further
comments and there was no response.
7. ADJOURN: Councilmember Bennett
moved for adjournment at 8:30 p.m., seconded by Councilmember MacManus and
carried.
Molly Park,
Mayor Catherine Iago, City
Clerk
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