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SUNFISH LAKE CITY COUNCIL MEETING – AUGUST 7, 2007

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

 

Attendants:

 

      Mayor Molly Park

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

      City Attorney: Timothy Kuntz

      City Building Official: Russ Wahl

      City Engineer: Tim Hanson

      City Forester: James Nayes

      City Clerk: Cathy Iago

            and Members of the General Public.

     

1.   CALL TO ORDER:            Mayor Park opened the meeting at 7:00 p.m. The Mayor explained that the Planner would not be present due to the fact there was no planning meeting in July.

 

2.   APPROVE AGENDA:       Councilmember Williams moved approval of the Agenda as submitted, seconded by Councilmember MacManus and carried.

  

3.   CONSENT AGENDA:       Mayor Park asked if there were any comments or any questions regarding items on the Consent Agenda. She asked if this was the first month that payments to the Treasurer and City Clerk reflected their status as employees of the City and Ms. Iago’s corporation. Treasurer Blair responded yes.

Councilmember Williams noted that although road maintenance is somewhat over budget, the budget appears to be in line for the year. Treasurer Blair responded that is correct and although there are some additional funds that will be spent in road maintenance, overall the budget is in good shape.

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

 

a.       Minutes of July 10, 2007 Regular Council meeting.

b.       List of Bills.

c.       Monthly Financial Statements – July, 2007.
                                   

4.   COMMENTS FROM THE GENERAL PUBLIC:  Mayor Park asked if there were any comments from the public regarding items not listed on the agenda.

Mike Hovey asked when Charlton Road would be graded and commented that the road is in bad shape near Highway 110.

Engineer Hansen explained that he had driven the road and did not note any major problems; he explained that he would schedule the grading. 

Mr. Hovey commented that the road drops off where the blacktop meets the gravel surface off of Highway 110 and asked if that could be filled in.

Engineer Hanson stated he would review the road conditions in that location.

Councilmember DeCourcy asked if anyone was aware of an accident on Charlton Road at Delaware Avenue.

Mike Hovey explained he received a question regarding the accident and he forwarded it to the Police Chief. He stated that he heard someone was crossing from Charlton Road to Huber Drive and was hit.

Mayor Park asked the City Engineer if this was the normal time of the year for regrading Charlton Road.
Engineer Hanson responded that normally the regrading is done annually in late August.

Mr. Hovey noted that Mr. Hammett had questioned the two different speed limit signs located on Charlton Road and had asked if the 20 mph speed limit could be adopted; he asked if the speed limit could be reduced to 10 mph on Charlton Road. He indicated that the road is dangerous due to the curves and a reduced speed limit would protect the children.

Councilmember Williams explained that prior to reducing a speed limit there are certain procedures the City must follow, such as conducting a traffic count. He suggested an option might be to post “Slow - Children Playing” signs rather than attempt to reduce the speed limit.

Engineer Hanson agreed that the State dictates the 30 mph speed limit for roadways unless there is some type of variance in the road; he indicated that the City could reduce the speed limit, but it would not be enforceable.

Councilmember MacManus stated she wished to raise a concern regarding the fact that lawn service crews park their large trucks and trailers on Charlton Road which makes it difficult and dangerous to travel the road. She questioned if it would be possible to make the lawn service vehicles park on the property where they are working.

Mayor Park stated she wished to discuss the same issue later on the agenda; she noted that the issue had also been brought to her attention by Councilmember DeCourcy and last year by Councilmember MacManus. The Mayor explained she had brought this matter to the attention of the City Attorney for his input.

Mike Hovey stated that he has witnessed vehicles coming from Highway 110 at a speed of 40 mph on Charlton Road. 

Councilmember Williams suggested that it may be appropriate to have more police patrols on the roadway  to enforce the 30 mph speed limit.

There was no further discussion on the matter at this time.


5.   INSPECTORS REPORTS:

 

a.       CITY ENGINEER:  2007 Street Improvement Project.   Mr. Hanson explained that patching was completed on Angell Road and Sunnyside Lane; this work included the reconstruction of the bituminous pavement at the intersection of Angell Road and TH 55 and either other patches completed along Angell Road and Sunnyside Lane. He advised that cracksealing was completed on Angell Road, Sunnyside lane, Windy Hill Road and Windy Hill Court and 55th Street West. He stated that sealcoating was completed on Sunnyside Lane and Angell Road from Hwy 110.

Engineer Hanson stated that a speed hump was removed on Angell Road just east of the Sunnyside Lane intersection and the other speed hump on Angell Road was repaired with bituminous patching. He advised that painting of the speed humps on Angell Road and Salem Church Road will be completed.

Construction Monitoring:  Mr. Hanson explained that he monitored several residential construction projects. He stated he reviewed the grading of the landscape berms at the Votel residence at 2410 Delaware Avenue; he reviewed the plan and suggested some corrective measures relating to maintenance and installation of the silt fence at the Chase residence at 2165 Charlton Road; and he checked the perimeter silt fence to insure it was functioning properly at the Flynn residence at 230 Salem Church Road.

Angell Acres Preliminary Plat Review:  Mr. Hanson stated that the revised surface water management plan that was submitted by the developer and he reviewed the plan and added comments; he advised that he  returned the plan to the developer’s engineer with item to be included on the final plan.

Charlton Road Feasibility Study:  Mr. Hanson reported that the Task Force formed to evaluate Charlton Road did not meet this month.
Capital Improvement Plan:  Engineer Hanson stated that the CIP that was presented to Council in June was finalized and is submitted again for Council review. He noted the minor modifications which included;  Utilizing  the 2007 construction costs for estimating future improvement costs; Revising the 60th Street West cost to reflect maintenance on the north side of the roadway only; and Inclusion of a street segment (Windy Hill Road west of Windy Hill Court) that was not identified in the draft CIP.

Mayor Park asked if Inver Grove Heights would be charged for half of the costs for the 60th Street West improvements. Mr. Hanson explained he would contact Inver Grove Heights regarding the cost sharing.

Sign Maintenance and Replacement – Zehnder Road:  The Engineer advised that he requested two quotes for the removal and replacement of the permanent barricades at the north end of Zehnder Road. He explained that the posts supporting the existing barricades have rotted off and that the barricades have lost their reflectivity and should be replaced. He further noted that the Zehnder Road street sign needs to be replaced because it has been removed from the post. He referred Council to a separate report outlining the quotes received from Safety Signs, Inc. and Pine Bend Paving, Inc. He recommended awarding the contract to Safety Signs, Inc. for the street sign and barricade replacement on Zehnder Road.

Councilmember Bennett asked if a quote had been solicited from Gopher Signs and noted the City used to order signs from that company. He commented that he was unsure if Gopher Signs did sign installation. He commented that the costs quoted appear to be high.

Mayor Park asked if the cost included the installation and Mr. Hanson responded yes and noted that the barricade replacement and installation was also part of the quote.

Councilmember Williams asked how long the barricades had been in place and what type of replacement materials would be used.

Engineer Hanson stated he believes the barricades were most likely installed when the Interstate Highway was constructed and he advised that a treated lumber would be used for the replacement barricades.

Mayor Park asked if a formal motion was necessary. Attorney Kuntz suggested Council take formal action to award the contract.

Councilmember Williams moved to aware the contract to Safety Signs, Inc. in the amount of $755.00 for installation of barricades and streets signs on Zehnder Road, seconded by Councilmember DeCourcy and carried.

Councilmember DeCourcy explained that the other speed hump on Angell Road had been removed and she expressed concern because there are several young children residing in the area at the end of the road. She indicated that it maybe appropriate for the City to request the return of the temporary speed hump to place in this area to slow down traffic.

Mayor Park pointed out that the City had entered a contract with the City of Excelsior to rent the speed hump and she asked how many young children actually resided along that area of the roadway.

Councilmember Williams pointed out that the demographics of the City have changed over the last five years and he suggested that it may be appropriate to review signage throughout the City and the placement of speed humps on all roads. He indicated that Council could request the City Engineer to review these issues as part of the CIP in the future. He also commented that a permanent speed hump may be necessary along Angell Road.

Mayor Park agreed and suggested that the parking issue for lawn maintenance vehicles could also be reviewed by the City Engineer.

There was a brief discussion regarding the number of small children that may reside along Angell Road and the road demographics.
Councilmember Williams commented that the issue of traffic management also needs to be taken in account and that options should be reviewed in conjunction with reviewing the roads for improvements. He also suggested additional enforcement of traffic speeds and public education maybe helpful.    

Mayor Park thanked the Council for their input.

Councilmember Bennett asked the City Engineer if chip seal versus sand seal material was used on the roads and if the product would be picked up. He also noted that there was a large amount of additional material near the Mager property.

Mr. Hanson responded yes to both questions. He stated he would inquire about the material at the Mager property, however, he believes all the material will be picked up.

Councilmember Bennett stated that he believes the chip seal material is a better product. Engineer Hanson agreed.

Attorney Kuntz referred to Table I in the revised CIP that was distributed by the City Engineer. He noted that options for the improvement of Charlton Road are still being discussed, but he suggested that the 2008 Improvements listed should be considered by Council prior to budget discussions taking place. He pointed out that although Council may not chose to complete all the projects listed, staff needs to have feedback regarding the figures listed prior to adoption of the 2008 budget.

Engineer Hanson agreed and pointed out that some funding will be spent on the proposed Charlton Road improvement even if it is not completed in 2008. He reviewed the items listed in Table I that are scheduled for possible improvement in 2008.

Attorney Kuntz explained that Council must adopt a preliminary budget at the September meeting and therefore staff would prefer to have feedback and any requests for further information prior to that meeting.

There was discussion regarding the proposed amount for the Charlton Road improvements. Engineer Hanson stated that the City could bond for its portion of the cost for a bituminous surface on Charlton Road and that he recommends budgeting at least $14,000 which could be spent for further study or for maintenance of the roadway. He noted that the funds do not have to be spent just because they are included in the budget.

Councilmember Bennett pointed out that Council had discussed doing some improvements to Salem Church Road in 2008 and he suggested that staff should estimate figures that are closer to the actual costs for the project. He questioned if staff based the Salem Church Road costs on bituminous surface. 

Engineer Hanson explained that the Salem Church Road improvements are scheduled for 2009 and would include a mill and overlay; he pointed out that Council has the option to flip/flop the schedule for the Charlton Road and Salem Church Road improvements.  He noted that annually approximately $30,000 is budgeted for road improvements.

Councilmember Williams commented that reconstructing Salem Church Road and changing the schedule for the two road improvements may significantly increase the 2008 budget but there should be sufficient funds to complete Charlton Road improvements in 2009.      

Engineer Hanson explained that only a portion of Salem Church Road would be done in 2008 and that the entire project would be done in three segments.

Councilmember MacManus pointed out that it is fairly late in the year and it does not appear as if the Charlton Road improvements would be done in 2008.

Councilmember Williams agreed and commented that Salem Church Road does need attention.

Councilmember Bennett also agreed with both comments.

Engineer Hanson explained that the budgeted amount for Charlton Road does not necessarily mean the road would be reconstructed and he cautioned that Council should still budget some funds for studying options for the Charlton Road improvements in 2008.

There was discussion relating to the type of improvements that would be done on Salem Church Road. Engineer Hanson explained that it would be a mill and overlay and that he would also have to analyze alignment the ditches along the roadway.

Attorney Kuntz asked the Engineer to affirm the cost estimate for Salem Church Road mill and overlay segments 4, 5 and 6 at $120,000.  Engineer Hanson confirmed that figure was correct.

Mayor Park asked if Council wished to have the Engineer review the cost estimates for the Salem Church Road improvements being scheduled in 2008 and have those figures incorporated into the CIP for review at the September meeting.  Council concurred.

Mayor Park stated she preferred not to rush the Charlton Road issue and to allow sufficient time for the Task Force to complete their work.

Engineer Hanson asked if Council still wished to include some budgeted figures for studying the Charlton Road improvements. Council responded yes.

Councilmember DeCourcy stated she preferred to have bituminous surface on Charlton Road starting at Highway 110 and continuing past the driveway entrance/exit for St. Anne’s Church.

Councilmember Williams stated that the City would need agreement from residents adjacent to Charlton Road.

Mike Hovey stated that he and the other affected resident would both agree to a bituminous surface to the Church driveway.

Mayor Park indicated that the Task Force could discuss that option.

Councilmember Williams explained that there would be problems maintaining two different road surfaces although it may be possible to do so; he stated he would be open to such an improvement as an independent project. He asked if the Engineer could provide some “ballpark” figure to complete the work.

Engineer Hanson stated that it is approximately 300 ft. of roadway and that drainage work would have to be included; he indicated the cost would be approximately $30,000 as a rough estimate. He agreed with Councilmember Williams that there would still be an issue where two different types of roadway surfaces meet and that the project could only be assessed to the adjacent property owners.

Mayor Park reiterated that the Engineer would refine the figures for moving the Salem Church Road improvements to 2008 and have the information available for Council review at the September meeting.      
  
Shoulder Repairs:     Engineer Hanson explained that three areas needing shoulder repair were identified; the locations are Salem Church Road on the slope west of Robert Street; the SE quadrant of Angell Road and Sunnyside Lane and the SW corner of the turn around at the end of Angell Road. He stated that the proposed shouldering would be bituminous millings since each of the areas has either erosion issues or wheel tracking on the shoulder. He referred to the quote received from Pine Bend Paving using bituminous millings in the amount of $2,350.00 for all three projects and recommended Council award the contract to Pine Bend Paving.
The Engineer explained that Mr. Bulach had expressed an interest in using porous concrete for the repairs and he stated that in time that may be an option, however, these projects need to be done in conjunction with the other scheduled improvements. He indicated that the $2,350 figure may be slightly higher than actual costs and that this item was budgeted under the annual road maintenance.
Treasurer Blair confirmed that funds are available for the project.

Councilmember Williams moved to award the contract for roadway shoulder repairs, as outlined in the City Engineer’s report, to Pine Bend Paving in the amount of $2,350.00, seconded by Councilmember DeCourcy and carried.

 Council thanked the Engineer for his report.

 

b.       BUILDING INSPECTOR:  Inspector Wahl reported that he issued three (3) permits and conducted twenty three (23) inspections in the month of June. He advised that there is a new resident at 3 Acorn Drive, Tom Schlububar. He also advised that the City Forester should order a Fire Sign for the Flynn residence at 230 Salem Church Road; he explained that the sign is included in the cost of the building permit and that the resident is responsible for providing the stake for mounting the sign.

Council thanked Inspector Wahl for his report.

 

c.       CITY FORESTER:    Forester Nayes stated he issued 3 burning permits in July. He stated he assisted with the inspection of the Spaulding landscape installation and noted that although some of the species of plants were different than specified, the property owner installed more plantings than required and did not take down as many trees as originally specified.

Mr. Nayes stated he met with Rough Cut moving service to discuss mowing Musser Park; he advised the company charges $65 per hour and that he believes it would be approximately $200 or less to mow the park.

Mayor Park asked if the front meadow should be mowed.

Councilmember Bennett explained that Rough Cut usually mowed the front meadow after the daisies were done blooming and that he normally mowed the path at the request of the previous City Forester.

Councilmember DeCourcy stated she would prefer to keep the park natural.

Councilmember Williams commented that if mowing promotes noxious weeds it may be preferable to keep it in its natural state.

Councilmember Bennett explained that usually a cut and burn are done to keep the meadow in its natural state.

Mr. Nayes stated he preferred a controlled burn and explained that the meadow has a substantial amount of poison ivy. He explained he does not have the expertise to comment on the matter.
 
Councilmember DeCourcy suggested that the Forester contact Dodge Nature Center to inquire about which is preferable, mowing or leaving it in a natural state.  Councilmember Bennett suggested that Gertens could also be contacted.

Forester Nayes asked if Council wished to have the meadow mowed if Dodge Nature Center and/or Gertens indicated that would be the best solution. Council concurred to have the Forester contact Rough Cut to mow the meadow if that was deemed the best solution.

Council thanked the Forester for his report.

 

d.       PUBLIC SAFETY:   Mayor Park distributed the Public Safety Report for July and explained that Chief Shaver was at National Night Out. She noted that a person was soliciting on Roanoke Road without a permit and was cited for racketeering.

Councilmember DeCourcy expressed concern regarding a hit and run accident; Mayor Park explained that the accident did not occur in Sunfish Lake but near the border of the City.
Mayor Park noted there are 10 more false alarms than this date last year.

Councilmember Bennett asked if the alarms were from the same residents. Ms. Iago explained she would have to update the false alarm tally to find out that information.

Councilmember Williams explained he was more concerned about the false burglar alarms than the fire alarms; he encouraged people to use the fire alarms. He noted that two of the false alarms were cancelled.

Councilmember Bennett asked if the City paid additional fees for false fire alarms as they do for burglar alarms. Treasurer Blair responded no.  

Council thanked the Mayor for the report.      
                       

6.   OTHER BUSINESS:  

a.   Recap of Joint Council Meeting with Inver Grove Heights Regarding the NW Area Land Use Issue:  Mayor Park asked Councilmember Williams to provide a brief summary of the joint meeting. Councilmember Williams explained that he believes the City of Sunfish Lake made progress with the development issue. He noted that the Special Counsel hired by the City was present and was very knowledgeable on the land use issue. He indicated that a few of the Inver Grove Heights Councilmembers appeared to be sympathetic to the residents and the City’s concerns regarding the land use issue and indicated they would consider supporting an estate type of development on the parcel if the property owners presented a good plan.

Councilmember Williams stated that he believes the Inver Grove Heights Council were seriously attempting to work towards some type of accommodation with Sunfish Lake and that one or two members, and the Mayor, offered to keep Sunfish Lake Council informed of meetings when this matter will be discussed.

Councilmember Bennett asked if the City knows the owner of the parcel; Councilmember Williams stated it was the Seeger property.

Councilmember Bennett stated he knows the Seeger family and he does not believe they would push for a high density development in that area.

Councilmember MacManus agreed that it was a good meeting; however, she commented that in her opinion the Inver Grove Heights plan does not appear to be well thought out.

Councilmember Williams agreed that the Inver Grove Heights rationale for high density development appeared to be skewered and that comments made by the Sunfish Lake special counsel supported a low density designation. 

Councilmember MacManus agreed that the special counsel did his homework on the issue.

Mayor Park agreed that the meeting went well and that there appears to be good communication between the two cities; she stated she received a call from the City Administrator Joe Lynch with information regarding a possible development plan along Highway 55 in Inver Grove Heights that she referred to the City Planner.   

Council thanked Councilmember Williams for the report.

b.  Revisit Deer Hunting Ordinance:        Mayor Park explained that she has been meeting with West St. Paul Mayor Zanmiller and Mendota Heights Mayor Huber to discuss the possibility of an aerial deer count and using professional bow hunters to reduce the herds. She explained that Mayor Zanmiller indicated he is waiting for information and would report his findings. She asked if the matter could be delayed to the September meeting.

Attorney Kuntz explained that the matter could be delayed until September after the Mayor receives information from Mayor Zanmiller; he suggested Council make a formal motion to table the item.

Councilmember Williams moved to table discussion of deer hunting to the September Council meeting, seconded by Councilmember DeCourcy and carried. 

Councilmember Bennett asked if Council believes there are more deer present in the City than last year. He stated he does not believe there are as many in his area as last year.

Councilmember Williams stated he would prefer to have the herd thinned professionally. He commented that the decision is more theoretical since it requires 10-acres of land and the hunters must have the property owner’s permission to hunt.

Lawn Care Professionals Parking on Charlton Road:  Mayor Park explained she had raised this issue to the City Attorney to determine if there was an Ordinance prohibiting parking of the larger vehicles and trailers on City streets.

Attorney Kuntz explained this matter is not specifically addressed in the City Ordinance except under Statute 169, which prohibits parking if signage is in place that specifically relates to these vehicles and trailers.

Councilmember Williams commented that he does not believe anyone wants no parking signs on the roadways. He suggested that the first step should be to ask residents to advise their lawn service professionals not to park on the road or if it is necessary to part on the road, that they be required to place cones to alert traffic.

Councilmember MacManus explained they are not careful about how or where they park and sometimes there are two large trailers within a short distance of each other along one roadway.  Councilmember DeCourcy stated she also received a call from a resident with the same complaints.

Attorney Kuntz explained that Council could place parking restrictions on the public roads, but not on private roads. He suggested the City Engineer and the Police Chief could discussion options such as parking on one side of the street only.

Councilmember MacManus agreed that maybe residents should be contacted first and asked to discuss the parking situation with their lawn service professionals before changing the parking regulations.

There was discussion regarding composing a letter to residents asking them to discuss this matter with their lawn care professionals and whether or not to limit parking on public roads.

Mike Hovey questioned how an ordinance restricting parking would affect residents when an event occurs at their home; he pointed out that there is substantially parking on the roads for funerals, graduations, Parade of Homes, etc.   Mayor Park stated she would prefer the ordinance relate only to larger vehicles.

After a brief discussion, Council concurred that the Mayor provide information and a request to residents regarding parking on public roads by their lawn care professionals in the Sunfish Lake Quarterly. The Mayor suggested the information could also be placed on the City’s website.     

 

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

7.   ADJOURN:   Councilmember Bennett moved for adjournment at 8:40 p.m., seconded by Councilmember
                       Williams and carried.
        

____________________                                      ___________________________

Molly Park, Mayor                                                  Catherine Iago, City Clerk         

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