Draft Version Only

SUNFISH LAKE CITY COUNCIL MEETING

ST. ANNE’S EPISCOPAL CHURCH

MARCH 6, 2007, 7:00 P.M.

 

Attendants:

 

Councilpersons:                  Joel Bennett, Judy MacManus, Richard Williams,

                                          Catherine DeCourcy.

      City Attorney:                     Timothy Kuntz

      City Building Official:          Russ Wahl

City Engineer:                     Donald Sterna

City Forester:                     James Nayes

City Treasurer:                    H. Michael Blair

                                          And Members of the General Public.

 

Mayor Molly Park was absent due to illness.  City Planner Laurie Shives was not present due to the fact that there were no Planning items to be considered by the Council.  City Clerk, Catherine Iago, was absent because of attendance at a Clerk’s educational convention.

Councilmember Richard Williams served as Acting Mayor.

1.         CALL TO ORDER.  Acting Mayor Williams opened the meeting at 7:00 p.m.           

2.         APPROVE AGENDA.  Councilmember MacManus moved approval of the agenda, seconded by Councilmember DeCourcy.  The motion was passed by a vote of 4-0.

3.         CONSENT AGENDA.  Acting Mayor Williams asked if there were any comments concerning the Council Minutes of February 6, 2007.  There were none.

Acting Mayor Williams reviewed the Statement of Revenues ending February 28, 2007, the Cash Account Activity for February, the list of Payables, and the Balance Sheets and Statements of Changes and Fund Balances as submitted by Treasurer, H. Michael Blair.

Councilmember DeCourcy moved approval of consent agenda items.  The motion was seconded by Councilmember Bennett.  The motion passed by a vote of 4-0.  The Consent Agenda items were:

·        Council minutes of February 6, 2007;

·        Financial Statements and list of Payables, as identified above, and as submitted by Treasurer, H. Michael Blair.

4.         COMMENTS FROM THE GENERAL PUBLIC.  A letter from Citizen Dennis Tursso, was reviewed by the Council.  In the letter, Dennis Tursso notes, because of his allergic condition, dust control on Charlton Road is important.  Dennis Tursso, in his letter asked that the Council consider dust control measures as least twice a year on Charlton Road.  Councilmember Bennett stated that the Council should review the condition of Charlton Road and any long-term plans for that roadway. Councilmember DeCourcy suggested that one option for Charlton Road would be to pave the roadway. 

Citizen Michael Hovey expressed the view that Charlton Road should be paved, that erosion and wash-outs continue to be a problem, and that gravel added to the roadway has improved the condition, but that bituminous pavement would probably be the best long-term solution.  Acting Mayor Williams noted that the substantial traffic on the roadway near the Highway 110 connection contributes to the problem of maintaining the roadway.  Councilmember MacManus said that if the roadway is improved, it should be improved as a non-standard roadway or a rustic road and that the standard city specifications should be reexamined and altered for this roadway.  Acting Mayor Williams commented that the landowners served by the roadway and owning property along the roadway would ultimately be assessed a portion of the cost of the roadway and that the consensus of the landowners may be more favorable to funding the costs than existed when the improvements were considered years ago.  The change of consensus in the view of Councilmember Williams may have resulted from the Council’s willingness to consider the new funding mechanisms that were explored when the Council considered the improvement to Acorn Drive.

Citizen Henry Hovey noted that brush should be removed from the ditches up to the property line.  City Engineer Don Sterna stated that companies are available to remove the larger trees and heavy brush along the roadway.  Citizen Henry Hovey stated that in the last 12-13 years the vegetation has re-grown along the roadway.

Councilmember DeCourcy noted that the Council should continue to consider the improvement of Charlton Road. 

City Engineer Sterna noted that a feasibility report would be the typical mechanism to analyze the cost of the project, what general grading had to be performed, the sight distances, the number of trees and vegetation that would have to be removed, and the means to create better drainage patterns.  A feasibility report would also be the opportunity to compare the relative costs of a road built to standard specifications versus a road built to non-standard specifications. 

A motion was made by Councilmember Bennett and seconded by Councilmember DeCourcy to direct WSB & Associates to prepare a feasibility report for the improvement of Charlton Road and to target completion of that feasibility report by the time of the June Council meeting.  The motion was passed by a vote of 4-0.  City Engineer Sterna stated that the report would include cost comparisons and would address the various impacts between a standard and non-standard roadway.  

City Engineer Sterna asked whether feedback should be solicited from the landowners prior to the preparation of the feasibility report.  Councilmember MacManus expressed the opinion that most landowners would opt for pavement of the roadway.  Councilmember Bennett stated that the landowners will want to analyze the estimated costs prior to expressing an opinion about proceeding with the improvement.  Acting Mayor Williams noted that citizen input will be available after the feasibility report through the public hearing process. To help the Council determine whether a survey or other form of public input should be initiated prior to or after the feasibility report, Acting Mayor Williams instructed City Engineer Sterna to suggest questions that could be posed to the landowners.  Acting Mayor Williams asked that such questions be provided to the Council at the April meeting for Council review and discussion.

5.         PLANNING COMMISSION.  There was no Planning Commission report.

6.         CITY ENGINEER REPORT.  City Engineer Don Sterna reported that during the winter months the cable guardrail along the south side of Charlton Road was struck and two of the posts were broken off, thereby requiring repair.  City Engineer Sterna stated that when weather permits, the two guardrail posts will be repaired.

City Engineer Sterna informed the Council that load limits will be placed on the city streets on or about March 15, 2007.  The load limits are 5-tons per axle for all city streets except that the load limit on Charlton Road is a 4-ton per axle.  City Engineer Sterna noted that the load limits will stay in effect until late April or the first part of May, depending on weather conditions. 

With respect to upcoming development matters, City Engineer Sterna reported that there will be a new home in the Nancy’s Pine Meadow plat.  The location of the home may necessitate a relocation or rearrangement of the storm water pond easement.  The second upcoming matter is a new home that will be built on the Riley property after the existing home is demolished.  City Engineer Sterna advised that any change to the existing grades will be examined closely.  Both of these matters will probably be on the Council Agenda for the April meeting. 

7.         BUILDING OFFICIAL REPORT.  Building Official Russ Wahl reported that he conducted four (4) inspections in February and issued one (1) permit for a master bedroom remodeling at the Goldberger property.  Acting Mayor Williams thanked the Building Official for his report.

8.         FORESTER REPORT.  City Forester Jim Nayes informed the Council that he issued three (3) burning permits in February.  He also reported that six varieties of trees will be available on Arbor Day.  The varieties are:  Red Maple, Sugar Maple, Red Oak, Scotch Pine, White Pine, and Norway Spruce.

City Forester Nayes presented a written report to the Council that recommended that 17 Boxelder and diseased Elm trees within the City easement, on the west side of Zender Road, north of Pieper Road, be removed before they become an increased risk to people and vehicles. City Forester Nayes proposed that his company remove these trees at a price of $165 per tree, with the price including debris disposal.  The total price would be $2,805.00.  The trees would be removed during a time period from March 6 to the spring thaw. 

Acting Mayor Williams reviewed the contents of the written recommendation. 

A motion was made by Councilmember DeCourcy and seconded by Councilmember Bennett to approve an agreement with City Forester Nayes to remove the 17 trees at a total price of $2,805.00, with the price including debris disposal.  The motion passed by a vote of 4-0. 

9.         PUBLIC SAFETY REPORT.  There was no Public Safety Report.

10.       OTHER BUSINESS.  City Attorney Kuntz stated that he was continuing to discuss the independent contractor relationship of City Clerk Iago with the Public Employee Retirement Association (PERA). City Attorney Kuntz state that he will discuss with PERA a proposition whereby the Clerk duties are provided under an Employment Contract and the Administrator duties are prepared under an Independent Contractor Agreement.  Attorney Kuntz stated that an appeal had been filed with PERA with respect to PERA’s decision that the Clerk duties have to be performed by an employee and not by an independent contractor.  The appeal preserves the City’s rights to further discuss the matter with PERA. 

Councilmember DeCourcy asked whether the located of the Arbor Day activities should be reexamined because of the lack of parking at Musser Park.  The event has previously been held at Harmon Park.  City Forester Jim Nayes stated that the decision was that of the Council.  Councilmember Bennett suggested that perhaps supplemental parking could be provided on the property owned by Citizen Kampmeyer.  This would alleviate the parking problem at Musser Park.  Acting Mayor Williams stated that he does not have a preference as to location for the Arbor Day event.  No conclusion was reached.

Councilmember DeCourcy asked whether more mature trees could be purchased for the Arbor Day event.  City Forester Nayes responded that more mature trees could not be purchased for the low cost now offered by Dakota County.  The price controls the size of the trees that are offered during Arbor Day. 

City Attorney Kuntz advised the Council that there is a court proceeding involving boundary dispute between landowner Ihnot and landowner Dobrandtz.  The court documents initially included the City as a named party, but the City is being dismissed from the lawsuit at the current time because there was not proper service of the lawsuit on the City.  Attorney Kuntz reviewed the history of the different legal descriptions that created the dispute.  Attorney Kuntz informed the Council that he would monitor the suit between Ihnot and Dobrandtz and report any future developments. 

Acting Mayor Williams reported that Mayor Molly Park had attended a meeting with the Cities of West St. Paul and Mendota Heights with respect to deer management, and that Mayor Park would be reporting to the Council at the April meeting.  A motion was made by Councilmember MacManus and seconded by DeCourcy to table consideration of the deer management study to the April meeting.  The motion passed by a vote of 4-0.

11.       ADJOURN.  A motion was made by Councilmember Bennett and seconded by Councilmember MacManus to adjourn the meeting.  The motion passed by a vote of 4-0.  The meeting adjourned at 8:09 p.m.

Submitted by:

Timothy J. Kuntz, City Attorney

 

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