SUNFISH LAKE CITY COUNCIL MEETING – APRIL 1, 2008
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Molly Park
Councilmembers: Judy
MacManus, Cathy DeCourcy, and Richard Williams.
City Attorney: Tim
Kuntz
City Building
Official: Russ Wahl
City Engineer: Tim
Hanson
City Treasurer: Mike
Blair
City Forester: Jim Nayes
City Clerk: Cathy Iago
and Members of the General Public.
Councilmember Joel Bennett, and Planner Annie Rexine were absent.
1. CALL TO ORDER: Mayor
Molly Park opened the meeting at 7:00 p.m.
2. APPROVE AGENDA: Mayor Park added Item
6.b) Report on Meeting with at Calgary Baptist Church to the Agenda. She asked
if there were any other additions or corrections to the agenda and there was no
response.
Councilmember DeCourcy moved approval of the Agenda as amended, seconded by
Councilmember MacManus and carried.
3. CONSENT AGENDA: The Mayor asked if
there were any questions or comments relating to any items on the Consent
Agenda. She referred to page 2, paragraph 2 of the March 4 Council minutes and
stated she believed there was a typing error; she asked that the the word
“duped” to changed to “dumped”.
Councilmember Williams moved approval of the Consent Agenda with the minutes
as corrected, seconded by Councilmember DeCourcy and carried.
a.
Regular Council meeting minutes of March 4, 2008.
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 10 inspections that were all related
to the Flynn residence construction. He stated he issued 5 building permits in
March.
Building Inspector Wahl asked if the streets had been posted and the Engineer
responded yes.
Council thanked the Building Inspector for his report.
-
CITY PLANNER:
Mayor Park explained that there was no
report from the Planner. The City Clerk advised that the Angell Acres Final
Plat would be heard by the Planning Commission in May and would be submitted
to Council for review at the June meeting.
-
City Engineer:
Angell Acres Preliminary Plat Review: Engineer Hanson explained that
the Final Plat application for Angell Acres had been submitted and he will
be reviewing for recommendation at the Planning Commission meeting in May.
Charlton Road Feasibility Study: The Engineer stated there has been
no activity on this project and that the next Task Force meeting is still
tentatively scheduled for April.
Street Maintenance Policy: Engineer Hanson explained that he
collected street maintenance policies from other communities and also
utilized the League of Minnesota Cities (LMC) model to draft a Snow Plowing
Policy plan for Council review. He stated that the policy introduction was
taken from the LMC model and that he blended certain aspects of policies
from other communities into the document. He noted that he sent the draft to
the current City snow plowing contractor and he received favorable comments;
he explained that the current contractor favored having specific guidelines
as outlined in the document.
The Engineer reviewed the draft policy. He explained that the document
establishes criteria for when plowing would begin and how snow will be
plowed. He stated the policy also outlines how it would be determined when
snow would be removed from the City by truck during a major snowfall event.
He further explained that the document prioritizes the schedule for which
streets would be plowed; he noted that Salem Church Road and Charlton Road
would be done first since they are streets which connect major sections of
the City and that the second priority streets were listed in random order in
a looped fashion. He advised that the document also outlines a work schedule
for snowplow operators and provides for delays in plowing when weather
conditions would endanger the safety of the operators or equipment.
Engineer Hanson noted that the City and residents had expressed concern
regarding the effect of sand and salt on the environment and therefore he
included guidelines for the use of sand, salt and other chemicals. He stated
that he utilized language from other communities that were also attempting
to limit the use of harmful materials. He explained that the document also
references removal of snow so as not to prohibit mail delivery or garbage
and recycling pickup.
In conclusion the Engineer advised that the draft also included guidelines
for receiving complaints. He stated that the document was a draft policy and
that Council could recommend changes or additions. He offered to respond to
questions.
Councilmember DeCourcy commented that she believes the document was very
well done; she stated that it is clear and concise and she was pleased to
see the limits established for sand and salt application. Councilmember
MacManus agreed.
Mayor Park asked if 60th Street would be included in the plan
since it is a shared street. She also reference Item 2. c) When the City
would start snow or ice control, and asked if salt would be used only in
certain areas of the city when icy road conditions occur. Mr. Hanson
responded that the City of Inver Grove Heights plows 60th Street and
therefore he did not include it in the plan. He explained that the plan
provides for use of more sand and salt in critical areas, such as
intersections, during icy conditions and less sand and salt on the main
portion of the roads.
Mayor Park concurred with Council that the plan was well done and very
thorough.
Chief Shaver stated that he had not reviewed the plan and commented that
other natural events may litter the streets with debris, such as a tornado
or high winds; he suggested including language in the plan which states
“other debris prohibiting vehicular travel” to cover such events.
The Mayor asked Attorney Kuntz if an ordinance amendment would be necessary
to include that language.
Mr. Kuntz responded that the Engineer could incorporate the language into
the document prior to Council adopting the proposal at their next meeting.
Council concurred to include the language suggested by the Police Chief and
asked the City Engineer to prepare the plan for adoption at the next
meeting.
Street Clearing Activities: Engineer Hanson stated the streets had
sand and salt applied six (3) times during the month of February as outlined
in his report.
Spring Load Limit Postings: The Engineer explained that the spring
load limits were posted on March 14 and will stay in effect until late April
or possibility May, depending on weather conditions.
Anticipated Engineer Activities for April: Street Sweeping:
The Engineer advised that he had contacted McPhillips, Inc. to receive a
quote for street sweeping. He noted that the quote of $1,650 is slightly
higher than last year, however, he recommended award of the bid to
McPhillips, Inc.
Mayor Park asked if the bid was higher due to the fact that the sweepings
would be picked up and hauled away and if McPhillips had hauled away the
material in the past. Mr. Hanson stated he believes the materials were
hauled away in previous years and that hauling away the materials may have
somewhat increased the bid. He noted the sweeping is par of the water
quality management procedures required per the City’s NPDES permit.
Councilmember DeCourcy asked if there would be a spring clean-up day this
spring. Councilmember MacManus asked if the clean-up event could be
coordinated with Arbor Day.
Mr. Hovey stated it is usually done the same week as the Arbor Day
celebration.
Mayor Park asked Mike Hovey if he would be willing to let the City could use
his trailer as in the past. Mr. Hovey agreed.
Councilmember DeCourcy noted that cleaning the ditches also assists with
mosquito control.
Forester Nayes agreed that the clean up day would coordinate well with Arbor
Day; he noted that there were recyclable receptacles at the park.
Mayor Park asked Mr. Hovey his preference for collecting debris. Mike Hovey
suggested a central location be provided for pick up of debris that could
then be transported to the dumpster.
Forester Nays suggested a small dumpster could be placed at the park for
collection of items. He commented that two trailers could be set up for
debris and recyclables.
2008 City Roadway Improvement Project – Crack Sealing and Seal Coating:
Engineer Hanson advised that the 2008 Capital Improvement Plan (CIP)
identifies general maintenance activity of crack sealing and seal coating
for several local streets; 60th Street, east end of Salem Church
Road, and Zehnder Road for crack sealing and 55th Street, 60th
Street and Zehnder Road for seal coating. He noted that Windy Hill Road is
identified for patching. He advised that $13,600 was outlined as the
preliminary estimated cost to complete this work and the 2008 budget
included funding for the project. He explained that upon Council
authorization he would review the streets for the identified maintenance and
any other minor maintenance that may be necessary. After reviewing the
streets, he would prepare plans and specifications, along with a cost
estimate and present the information for Council review prior to receiving
bids for the project.
Councilmember DeCourcy asked when the potholes on Charlton Road would be
repaired. Mr. Hanson explained that the work would be done as soon as
weather permits.
Attorney Kuntz explained that Council is required to make a motion for the
Engineer to proceed with the preparation of plans and specifications for the
crack sealing and seal coating project. He further stated that it would be
appropriate for Council to make a motion to award the street sweeping
contact to McPhillips, Inc.
There was discussion regarding whether or not 60th Street is
jointly shared by Sunfish Lake and Inver Grove Heights and if the costs for
maintenance on 60th Street would be shared with Inver Grove
Heights. Engineer Hanson advised that he would contact Inver Grove Heights
to discuss the matter.
Treasurer Blair pointed out that Inver Grove Heights plows 60th
Street and bills Sunfish Lake for each plowing event.
Councilmember Williams moved to retain McPhillips, Inc. for the 2008
Street Sweeping program in the amount of $1,650, seconded by Councilmember
DeCourcy and carried.
Councilmember Williams moved to authorize the City Engineer to Prepare
Plans and Specifications for the 2008 Crack Sealing and Seal Coating Capital
Improvement Project of streets as identified in the Engineer’s April 1, 2008
report at an estimated cost of $13,600, seconded by Councilmember MacManus
and carried.
2008 Mill and Overlay: Engineer Hanson explained that the 20008 CIP
identifies street rehabilitation work for Salem Church road to be surface
mailed and overlaid. He stated the projects limits are indicated in the CIP
to extend from Roanoke Road west to Delaware Avenue. He advised that this
work is identified to be assessed to the adjacent property owners using a
50-50 percent project cost split with the City bonding for the project and
funding the annual bond amount from the City’s annual budget.
The Engineer stated that a feasibility study is required to identify the
need, proposed improvements, estimated project cost, preliminary assessment
role and recommendation. He explained that his firm proposes to complete
this work on an hourly basis at a cost not to exceed $7,000 and he noted
that the cost of the feasibility would be part of the project cost if the
project is implemented. He noted that if the project is not constructed in
2008 the cost of the report would be funded from the 2008 budgeted amount of
$18,000.
Councilmember Williams asked if formal action is required from Council.
Attorney Kuntz responded yes and asked if the 2008 CIP was formally adopted
by the Council. Treasurer Blair commented that the 2008 CIP was part of the
budget.
Mr. Kuntz explained that although the funding for the 2008 CIP was adopted
as part of the 2008 budget, but he did not recall if the document was
formally adopted. He stated it would have greater credibility if Council
formally adopts the 2008 CIP document.
Councilmember Williams recalled there was discussion of the projects and
some revisions were recommended by Council. Engineer Hanson agreed that
Charlton Road was moved to 2009 and Salem Church Road was brought forward to
2008; he was unsure if Council took formal action to adopt the document.
Councilmember MacManus and Mayor Park questioned the proposed 50-50 percent
cost sharing for the project.
Engineer Hanson explained that generally cities assess mill and overlay
projects as a 50-50 cost sharing since this type of project is considered
maintenance.
Councilmember MacManus commented that she believes the City should pay more
than the residents for improvements.
Attorney Kuntz explained that adoption of a street maintenance policy
provides that the City would undertake a series of mill and overlay projects
in the future and residents will have expectations for the assessment split
for these subsequent improvements based on this project. He pointed out that
the City has to assess at least 20 percent of the cost of the improvement in
order to bond for a project. He noted that at this time the Engineer is
asking only for authority to prepare a feasibility report for the
improvement and that Council has time to review assessment policies from
other communities prior to determining an appropriate assessment split. He
also pointed out that if the total cost of the project is less than $25,000
it may be more costly to bond for the project and therefore the City would
have to insure there are sufficient funds budgeted to cover the costs. He
further commented that a mill and overlay project is considered street
maintenance and is not a high cost project such as the reconstruction of
Acorn Drive.
Councilmember MacManus asked if funds have been budgeted for this project.
Engineer Hanson responded yes and pointed out that the total cost for the
project is estimated at $146,000; he explained that the $18,000 budgeted was
identified for preparation of the feasibility study.
Councilmember Williams commented that Salem Church Road may be treated
differently from other roadways since it is a major connecting road; he
pointed out that when it was constructed it was an 80-20 cost sharing. He
indicated that he believes the Mayor was wise to suggest budgeting on an
annual basis for road maintenance and building reserves for this purpose. He
explained that he believes the City should have a comprehensive policy for
assessments, although he does not foresee the City building any new roads in
the future.
Councilmember MacManus stated she believes the assessment policy should be
consistent; she commented that Acorn Drive was a 60-20-20 cost sharing.
Councilmember Williams pointed out that Acorn Drive was a unique situation
and that once Charlton Road is resolved there would not be any major
construction projects; he noted that future projects would be mostly
renovation, rehabilitation and maintenance.
Councilmember MacManus asked if residents are aware of the pending
assessments. Mr. Hanson pointed out that after the feasibility study is
prepared there would be a series of neighborhood meetings to discuss the
project and there would also be public hearings.
Mayor Park asked the timeframe for the project and what authorization the
Engineer would need at this time. Mr. Hanson responded that he would need
authorization to prepare the feasibility study and then he would review the
road conditions, suggest improvements, and prepare cost estimates for the
project. He noted that he would wait until the spring thaw which normally
occurs at the end of April; he stated would need authorization to begin the
study in May and he could conduct the informational meetings and schedule
the public hearing in June.
Councilmember Williams moved to authorize the City Engineer to prepare a
Feasibility Study for the 2008 Mill and Overlay Project at a cost not to
exceed $7,000 and that such costs would be included as part of the project
costs if ordered, seconded by Councilmember DeCourcy and carreed.
Attorney Kuntz suggested that the City Engineer provide information from
other cities on assessment policies for road maintenance projects for
Council review and discussion at the May meeting.
Councilmember DeCourcy asked if most cities utilize a 50-50 split for
maintenance projects. Mr. Hanson explained that in residential areas most
cities apply a 50-50 cost sharing. He noted that Salem Church Road is more
of a collector road and the city may wish to increase the amount of the
percentage split. He further explained that most cities receive State Aid
funding for collector roads which assists with the costs.
Mayor Park noted that some cities have reserve funds for maintenance
projects. Councilmember Williams suggested that is one possible long-term
plan and agreed that it would be useful to review other cities policies
prior to making a decision.
The Engineer concluded his report be stating the public hearing for the
NPDES Permit Review/Annual Report is scheduled for the May meeting.
Council thanked the Engineer for his report.
- CITY FORESTER: City Forester Nayes reported that he issued two (2) burning
permits in March and installed the spring load limit signs per the City
Engineer’s directions. He stated he completed pruning of trees on Acorn
Drive, Angell Road and Zehnder Road.
Councilmember DeCourcy asked if the property owners near the O’Hagan’s had
done any further tree removal.
Mr. Nayes stated he had not been in that area but he does not believe any
further work has been done.
Mayor Park asked if Mr. Nayes would be in charge of the Arbor Day
festivities since Mark Johnson has not returned and if he would be working
with Adina Overbee to send out letters.
Mr. Nayes stated he would be happy to conduct the Arbor Day celebration and
that he would contact Adina to coordinate the event; he also offered to look
into the use of a dumpster for trash pickup at the park. He asked if the
event would be held at Musser Park.
Councilmember DeCourcy stated that Harmon Park is a much safer location and
asked if the City’s 50th Anniversary celebration would be held at
Harmon Park. Mayor Park stated she would report on proposed plans for the 50th
Anniversary during her report later on the agenda. She agreed that Harmon
Park is a safer location for the Arbor Day activities.
Mr. Nayes explained that he has compiled information regarding the bench for
Myra Hamper and would be willing to share the designs with a committee once
it is formed. Mayor Park stated no committee has been formed at this time
and advised Council that she, the City Clerk, and the Forester would be
meeting with Chief Shaver on Thursday to discuss some preliminary plans for
the 50th Anniversary celebration.
Council thanked the Forester for his report.
- PUBLIC SAFETY: Chief Shaver reviewed the Public Safety monthly report for
March, 2008 and noted there were two false alarms and a possible Cougar
sighting within the City. He explained that there were some issues related
to the 911 calls at the DCC Communication Center and noted that it was a
software issue that has been corrected. He offered to arrange a tour of the
new facility for Council.
Councilmember DeCourcy asked for an explanation of the Cougar sighting and
Mayor Park explained that would be discussed under Other Business.
Council thanked the Chief for his report.
6. OTHER BUSINESS:
a. Discuss Formation of a Wildlife Control Committee. Mayor Park
explained that she was contacted by resident Dan O’Leary to report a Cougar
sighting in his neighborhood and that he expressed concern about resident
safety. She stated that she asked Chief Shaver to be present to provide
information to Council; Chief Shaver and Officer Matt Muellner were present to
discuss this matter. The Mayor also introduced Dr. David Abramowicz and
explained that he had sent her a proposal to serve as a liaison for residents in
regard to wildlife issues.
Officer Muellner explained that he was not an expert on Cougars and that he was
informed there was one sighting of the Cougar within the City. He distributed
some information he had taken from the internet. He stated that he contacted
Inver Grove Heights and Eagan and found there were no sightings in either city.
He further explained that he called DNR Conservation Officer Tony Salzar who
spent approximately 12 hours reviewing the area of the City where the sighting
occurred; he noted that Mr. Salzar found footprints of a large animal, but he
was unsure if they were Cougar prints. He stated he also contacted the DNR and
was informed that if the City finds concrete evidence, such as a photograph of
the Cougar, the DNR would send out a wildlife team that would attempt to find
the animal. He commented that the DNR explained they cannot justify the efforts
of their wildlife team without valid proof that the animal is a Cougar. He
further commented that Cougars favor locations with more mountainous areas and
although it is possible the animal was a Cougar, the chances are slim that it
would be in this area. He advised that the City of Bloomington had recently shot
a Cougar near the Mississippi River, which is a hilly area. He stated that
Cougars normally eat deer and with the large deer population in Minnesota if it
possible the animal may be in the area; he commented that it may also have been
a pet that someone released.
Chief Shaver asked Officer Muellner to provide some information regarding what
residents should do it they see the animal.
Officer Muellner responded that wild animals are usually more afraid of people
than people are of them. He suggested that if the animal is seen the residents
should make loud noises to scare it away and that they should not run away or
try to back the animal into a corner.
Mayor Park suggested that the information be placed on the website to make
residents of the sighting and to provide information on what to do if the animal
is seen. The Mayor asked Officer Muellner if his number could be posted on the
website as a contact for residents. Officer Muellner responded yes. The Mayor
asked Dan O’Leary and Dr. Abramowicz if they wished to comment.
Dan O’Leary explained that he saw the animal in his yard and provided Council
with photos of the animal footprints; he stated that he also showed the photos
to Dakota County Environmentalist Tony Salzar. He stated he had done research on
the internet to confirm the animal is a Cougar and that his wife had also seen
the animal in their garden. He explained that his main concern relates to the
fact that there are residents who run and walk near his home and he wanted them
to be aware of the sighting. He stated that he and his wife have seen the Cougar
three times near his home; he attributes the sightings to the fact there are
several deer in the area. He explained that his neighbor, veterinarian Dr.
Abramowicz, has offered to chair a committee on wildlife control.
Mayor Park advised that Melissa Prueher and her son were also present to discuss
this matter.
Dr. Abramowicz commented that when Dan advised him of the sighting he was
excited at the prospect of seeing a Cougar. He explained that he offered to
assist as a contact person as he does not believe only one government agency is
equipped to handle the Cougar on its own. He stated he had talked to DNR
Wildlife Manager Brian Leuth and was advised that no one is allowed to kill a
Cougar in Minnesota unless it becomes a threat to public safety. He offered to
serve as Wildlife Coordinator to assist with monitoring resident calls and
coordinate with the other government agencies; he suggested he could compile
information relating to sightings within the City and attempt to confirm the
existence of the animal.
Councilmember DeCourcy agreed that it would be great to have Dr. Abramowicz
serve as liaison as long as Council retains oversight of the activities and
responsibility for making decisions.
Dr. Abramowicz agreed that Council should be responsible for decisions and that
he would compile information and coordinate contact with other agencies. He
noted his main efforts would be to attempt verify the animal is a Cougar.
Melissa Prueher explained that she had contacted the Bloomington Police
Department to find information on the Cougar shooting in their City. She stated
that she was told the animal was in a park area near the river and appeared to
be stalking persons that were walking in the park; she advised that the police
officer told her it took eight shots from a high powered rifle to kill the
animal. She commented that it appears to require highly specialized equipment
and a marksman/sharpshooter to deal with this situation. She noted that news
reports show the increased sightings of Cougars into heavily populated areas.
Councilmember Williams commented that it would be useful to have a person to
coordinate sightings and track the animal’s activities within the City.
Dr. Abramowicz suggested that residents would report sightings of any wildlife
threats to him and that he would serve as the Wildlife Coordinator for the City
acting under the direction of Council.
Mayor Park asked if he would serve on a volunteer basis. Dr. Abramowicz
responded yes.
Councilmember MacManus commented that she believes it is a great idea if Dr.
Abramowicz wishes to volunteer.
Councilmember Williams suggested that protocol should be established for
resident contact and other duties.
The Mayor explained that Dr. Abramowicz had submitted a proposal to her via
email and that she would disseminate the information to Council for review.
Dr. Abramowicz further suggested that it would be appropriate to consider
culling the deer population and that this would be an appropriate time of year
to study the deer population in this area. He advised that the DNR would issue
the City a permit to cull the deer herd.
Councilmember DeCourcy commented that removing deer or culling the herd may not
be the answer; she noted that the City previously had a problem with Coyotes and
there is also a problem with rabbits.
Melissa Prueher pointed out that one of the articles she read indicated that a
Cougar had attacked a human even though an autopsy on the animal showed it had
recently eaten. Dr. Abramowicz explained that attacks are not always provoked
because of hunger.
Chief Shaver agreed with Mr. O’Leary’s concern that it is important to make
residents aware of the sightings and the fact that concrete evidence, such as a
photo of the animal would be required before the DNR would become involved in
tracking the animal. He suggested that placing information on the website to
raise public awareness would be a good start.
Mayor Park asked the City Attorney if a resolution appointing Dr. Abramowicz is
necessary.
Mr. Kuntz explained that if Council wishes to proceed with the appointment if
would be appropriate to determine the scope of his duties such as compiling
information, providing educational information and serving as liaison for
residents and other government agencies. He expressed concern that residents be
aware they would not call Dr. Abramowicz if a public safety issue arises, but
that they would call 911. He indicated it would be best if some type of document
outlining the specific scope of duties is provided to Council prior to making an
appointment. He noted that it is important that residents understand Dr.
Abramowicz is not the first line of action in an emergency situation.
Dan O’Leary explained that he believes Dr. Abramowicz would function as a
coordinator of information between government entities. Dr. Abramowicz
explained his role would be to receive information from residents and provide
contact to the appropriate agency; he noted that he would be acting on behalf of
the City and under the direction of Council.
Mayor Park summarized by stating she believes it would be appropriate to have
information on the website for public awareness; she suggested Dr. Abramowicz
forward the proposal to the Clerk for dissemination to Council and Council would
consider an official appointment at the next meeting. She further suggested that
an article could be placed in the May issue of the Sunfish Lake Quarterly with
information and contact numbers.
Councilmember Williams agreed that he preferred to see the proposal prior to
making an official appointment.
There was discussion regarding mailing a special newsletter to residents and
other methods of raising public awareness. Dr. Abramowicz offered to compose an
informational article explaining the sightings in the City and including
procedures if the Cougar is seen. He agreed to forward the document to Council
via email. Mayor Park suggested he also send a copy to the Police Chief.
Mayor Park advised that this matter would be placed on the next agenda for
Council consideration after they have reviewed the information from Dr.
Abramowicz. The Mayor thanked everyone for their input and attendance.
b. Report on Meeting with Calgary Baptist Church. Mayor Park City
explained that she and Planning Chair Bulach met with the Pastor and he offered
the City use of the church facilities for the 50th Anniversary
celebration. She stated that she would be meeting with staff and the Police
Chief on Thursday to discuss preliminary plans for a parade and other activities
at the celebration. She advised she would report on the discussion at the next
meeting.
The Mayor asked if there was any further business and there was no response.
7. ADJOURN: Councilmember Williams
moved for adjournment at 8:50 p.m., seconded by Councilmember DeCourcy and
carried.
Molly Park, Mayor
Catherine Iago, City Clerk
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