Draft Version

SUNFISH LAKE CITY COUNCIL MEETING – FEBRUARY 12, 2008

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

 

Attendants:

 

      Mayor:  Molly Park

      Councilmembers: Joel Bennett and Judy MacManus.

      City Attorney:  Tim Kuntz

      City Building Official: Russ Wahl

      City Forester: Jim Nayes

      City Engineer:  Tim Hanson

      City Treasurer:  Mike Blair

City Clerk:  Cathy Iago
     and Members of the General Public.
Councilmember Richard Williams arrived at 7:10 p.m.and Councilmember Cathy DeCourcy was absent

     

 

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

 

2.   APPROVE AGENDA:       Mayor Park asked if there were any additions or corrections to the agenda.

Councilmember MacManus moved approval of the Agenda, seconded by Councilmember Bennett and carried.

  

3.   CONSENT AGENDA:       The Mayor asked if there were any questions or comments relating to any items on the Consent Agenda.  City Clerk Iago explained that resident Holly Hammett-Divine had requested that the paragraph containing her comments be removed from page 7 of the January 15 draft Council minutes. She stated she had complied with the request and therefore the Council to approve the Consent Calendar should include the January 15, 2008 minutes as amended.

Mayor Park asked the City Attorney if it was legal to remove citizen comments from the minutes. Attorney Kuntz replied that Council has the option to approve or deny the request.

City Clerk Iago explained that it is not an unusual request and that Ms. Hammett-Divine had concerns that her neighbors might misconstrue her statement. The Clerk also noted that the comments were not part of a public hearing and removal of the comments would not affect the overall content of the minutes.

Council thanked the Clerk for her explanation.    
 
Councilmember Bennett moved approval of the Consent Agenda with the amendment to the January 15, 2008 minutes as recommended by the City Clerk, seconded by Councilmember MacManus and carried.

 

a.      Regular Council meeting minutes of January 15, 2008 as amended.

b.      List of Bills

c.       Monthly Financial Statements

 

4.   COMMENTS FROM THE PUBLIC:   None.

5.   INSPECTOR’S REPORTS: 

 

a.   Building Inspector: Inspector Wahl explained that he conducted two (2) inspections and issued one (1) building permit in January. He stated the building permit was issued to the Noble property for the demolition and that he included a requirement that all debris and concrete also be removed from the site.

Council thanked the Building Inspector for his report.

     
Councilmember Williams arrived at 7:10 p.m.

 

2. CITY PLANNER:   Mayor Park referred to the Planner’s report dated February 1, 2008 and asked if Council had any questions or comments. There was no response. The Mayor explained that Planner Smith had forwarded an email stated she was being sent to the hospital to induce her labor and therefore she was unable to attend the meeting. She noted that there are no applications pending and that the February Planning Commission meeting was cancelled.
   
    
3. City Engineer:  Angell Acres Preliminary Plat Review:  Engineer Hanson stated there has been no activity on this project.
   
   Charlton Road Feasibility Study: The Engineer stated there was no activity on this project and that the next Task Force meeting is tentatively scheduled for April.
   
   Resident Concern:  Engineer Hanson explained that he was contacted by a resident on Acorn Drive, Barbara Telander, who requested that no salt be placed on Acorn Drive to manage ice. He stated that he advised the resident that the City would minimize the use of salt on the street, however; he pointed out that there are public safety concerns for vehicles traveling on the road and it is the responsibility of the City to address these safety concerns. He advised that he contacted the contractor who plows the streets and asked them to concentrate their efforts on curves, intersections, and stop conditions when applying sand and salt.
   
   The Engineer suggested that the City develop a street maintenance policy so that residents may be referred to the policy when concerns or questions arise.
   
   Councilmember Bennett commented that the concerns of a single resident on a roadway should not control the amount of salt or sand is used on the street. He further commented that in his opinion Pine Bend has done a good job of keeping the streets plowed.
   
   Engineer Hanson agreed and reiterated that in his opinion a street maintenance policy would be appropriate when responding to such concerns from residents. He also agreed that the contractor has done a good job and that he receives very few calls or complaints regarding the snowplowing.
   
   Mayor Park questioned if the resident had concerns regarding degradation of the pond due to the sand and salt on the road.
   
   Engineer Hanson explained that the streets in Sunfish Lake are narrow and therefore the quantity of sand/salt mixture placed on the streets is limited; he indicated that the impact should be minimal on the ponds.
   
   Henry Hovey commented that the City should check with Pine Bend and ask if they use a mixture of beet juice with the salt to reduce the amount of salt that is placed on the road.
   
   Councilmember Williams stated he had read an article regarding beet juice mixed with salt to reduce the impact on the roadways.
   
   Mayor Park questioned how the road maintenance policy would work for the City.  Engineer Hanson explained the policy would state how the City plans to manage the use of such products for public safety purposes and it could also prioritize the order in which the streets are plowed; he noted that the document would spell out the practices the City would use to maintain the streets.
   
   Mayor Park asked if the document would decrease the City’s liability. Attorney Kuntz responded that it would as long as the City followed the policies.
   
   The Mayor suggested that Engineer Hanson provide some samples of other cities policies for review at the next meeting.  The Engineer agreed to do so.
   
   Street Clearing Activities:  Engineer Hanson stated the streets had sand and salt applied three (3) times during the month of January.
   
   Anticipated Engineer Activities for February:  Engineer Hanson stated he would be working on alternative street designs for Charlton Road to be discussed with the Task Force at their next meeting.
   
   Council thanked the Engineer for his report.
   
    
4. CITY FORESTER:  Forester Nayes stated he issued two (2) burning permits in January and that the Wright Tree Company has been very pro-active in contacting residents regarding the tree trimming activities.
   
   Councilmember Bennett suggested that Mr. Nayes distribute the information on the proposed bench for former Clerk Myra Hamper.
   
   Forester Nayes distributed a letter and informational materials on stone benches. He explained that he and Councilmember Bennett had looked at several bench designs at three different vendors located in Inver Grove Heights. He suggested that a citizens group could be formed to choose a bench design that could be installed in the spring this year.  He advised that he does not recommend a wood bench due to maintenance and possible decay. He stated that in his opinion a stone bench would have a longer life-span and requires no maintenance.
   
   Mayor Park asked if the plaque would be separate from the bench.  Mr. Nayes responded that a portion of the stone bench is smoothed and the plaque is attached to the bench; he explained that the price quote includes installation of the bench and the plaque.
   
   The Mayor asked if there would be any maintenance issues on the stone bench. Mr. Nayes indicated there should be no maintenance of the bench unless the plaque falls off.
   
   Council thanked the Forester for his report.
   
    
5. PUBLIC SAFETY:   Mayor Park distributed the Public Safety monthly report for January, 2008. Chief Shaver was present and noted that the false alarms were down compared to January last year. He explained that he had reviewed the letter proposed to be sent to residents on the lake with Attorney Kuntz. He also noted that some residents had found hunting stands on property and he indicated that the police department would be willing to provide patrols in the City to determine if illegal hunting occurs. He suggested that residents could contact Officer Matt Mollner if they wish patrols on their property.
   
   Councilmember Bennett explained that the Holmes family granted permission for people to search their property for antlers that deer had shed because they collect them.
   
   Chief Shaver commented that he appreciates calls from residents when they have concerns about suspicious activities in the City.
   
   Councilmember Williams questioned the “Harassing Communications” call in the report and asked if it was a serious matter. Chief Shaver responded that it was a civil issue.
   
   Mayor Park noted that Planner Smith would be gone on maternity leave and questioned if the letter regarding fishing on the late should be changed to include Annie Rexine’s name. Attorney Kuntz stated he would change the information.
   
   Mike Hovey asked if the letter could be sent to him for posting on the website. Mayor Park stated she would forward the letter to Mr. Hovey.
   
   Council thanked the Chief for his report.  

           

6.   OTHER BUSINESS:   

a.   Consider Ordinance Enacting Chapter 701 of the Sunfish Lake City Code Relating to Parking:   Mayor Park
explained that at the December meeting Council had discussed parking regulations asked Attorney Kuntz to draft an ordinance addressing their concerns regarding parking on City streets. She advised that the ordinance addresses designating “no parking” zones and “temporary no parking” zones. She asked the City Attorney if there were currently any regulations relating to parking within the City.

Attorney Kuntz stated that the current City Code does not contain any enabling authority to designate certain roadways within the City as “no parking” areas. He explained that the draft ordinance contains language that provides this enabling authority; however, the document does not list the “no parking” zones. He further advised that the draft ordinance provides the Chief of Police the authority to designate “temporary no parking” zones to during events, special events or to protect public safety. He noted that the signs would conform in size and language to the guidelines listed in the State Sign Manual. He stated that both he and Police Chief concur that placement of such signs would be necessary for enforcement. Both the Attorney and Police Chief recommend adoption of the proposed ordinance.

Councilmember MacManus asked if separate ordinances would have to be adopted to designate the zones. Mr. Kuntz responded that Council could designate the zones by adopting a separate ordinance or resolution.

Councilmember Bennett asked if a public hearing was necessary on the proposed ordinance. Mr. Kuntz responded no.
Mike Hovey asked if the revenues collected for parking violations would go to Sunfish Lake or West St. Paul.

Mr. Kuntz explained that the State has a formula whereby a portion of the fees go to the State and the remainder to the City of Sunfish Lake; he pointed out that West St. Paul Police operate under a contract with the City and would not receive any of the fees.

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

Councilmember Williams moved to adopt Ordinance No. 08-01 titled, AN ORDINANCE ENACTING CHAPTER 701 OF THE SUNFISH LAKE CITY CODE RELATING TO PARKING as outlined in the City Attorney’s memorandum dated February 7, 2008, seconded by Councilmember MacManus and carried.

b.   Consider Resolution Approving Participation in the Dakota County County-Wide Greening Initiative: Mayor Park stated that Dakota County cities are highly committed to Going Green. She explained that she had attended a meeting with Adina Overbee and Dick Bancroft with speaker Jay Drake Hamilton regarding environmental issues. She noted that although Sunfish Lake does not have a business base or a lot of traffic, it does have a significant carbon footprint. She further noted that Sunfish Lake has a history of being environmentally conscious and the greening initiative would continue that legacy.  She advised that Adina Overbee has offered to hold an organizational meeting at her home on February 19 to form a Committee and discuss the environmental issues. She stated that the proposed resolution includes language regarding the formation of the Committee and the meeting date. She recommended Council adopt the resolution.

Councilmember MacManus asked how many members the committee contains. Mayor Park explained that no members have been appointed so far and that the meeting is in part to find residents interested in serving on the committee.

Councilmember Williams stated he saw no reason not to adopt the resolution.

Mike Hovey commented that his employer has been reviewing alternative energy sources such as solar panels and wind generators. He asked if Council has plans to change the City Code to allow these alternative energy sources.


Councilmember Williams explained that would be part of what the committee studies and that any recommendations for change would have to be reviewed by the Planning Commission and Council.

Councilmember Williams moved to adopt Resolution No. 08-03 titled, RESOLUTION APPROVING PARTICIPATION IN THE DAKOTA COUNTY COUNTY-WIDE GREENING INITIATIVE, seconded by Councilmember Bennett and carried.

c.   Consider Resolution Pertaining to Releasing Bonds for Transportation Funding in Minnesota:    City Clerk Iago explained that while Mayor Park was out-of-town she received a letter from State Representative Marty Seifert requesting the City’s support of a resolution pertaining to releasing bonds for transportation funding in Minnesota. The Clerk distributed the letter from Representative Seifert for Council review.

Mayor Park commented that she has reservations regarding the request and she questioned if the League of Minnesota Cities may have some insights into the proposed resolution. She asked the City Attorney if he had any information on the matter.

Attorney Kuntz stated he had no comment regarding the merits of the proposed resolution and commented that there is usually complexity attached to such a request. He stated that the League of Minnesota Cities usually reviews such matters and offers cities their position on proposed legislative actions.

Councilmember Williams indicated that it may be a typical urban versus rural issue and that he would be reluctant to take action until staff has checked with the League staff.

In discussion, Council concurred that they would not be comfortable taking action on the request until staff has contacted the League of Minnesota Cities. The City Clerk offered to check with the League staff on this matter.
 

d.   Consider Resolution In Support of Legislation That Would Revise Minnesota Statutes Relating to Local Government Aid:  Mayor Park explained that she had spoken to an Executive Officer at the League of Minnesota Cities regarding the proposed resolution and she was advised that the document was not forwarded to the League for their input. She noted that the amount of LGA Sunfish Lake receives would not be affected by the Mayor of Fridley’s proposed resolution.

Councilmember Williams commented that there have been numerous formulas presented for LGA funding and in his opinion cities should work with the League on such matters before sending out such requests.

In discussion, Council concurred they would prefer to have more input from the League staff on this matter. The City Clerk offered to check with the League staff on this matter.

Miscellaneous:  Councilmember Williams reported that the City of Inver Grove Heights had changed the land use designation near Hornbeam Lake in the 2008 Comprehensive Plan update from High Density Residential to Rural Residential. He stated in his opinion the change was due to the citizen’s response to the proposed land designation and he also believes the City’s retention of legal counsel was instrumental with the change. He commented that the interchange issue still remains; however, in his opinion the interchange construction would be long into the future if at all.  He commended the residents for their efforts.    Mayor Park also commended Councilmember Williams for his participation and comments at the Joint Council meeting with Inver Grove Heights. 

 

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

 

7.   ADJOURN:           Councilmember Bennett moved for adjournment at 7:45 p.m., seconded by Councilmember Williams and carried.
           

Molly Park, Mayor                                                 Catherine Iago, City Clerk      

 

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