Draft Version Only
SUNFISH LAKE CITY COUNCIL MEETING – SEPTEMBER 4,
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: Darcy
Erickson and Leah Rose
City Building
Official: Russ Wahl
City Engineer: Tim
Hanson
City Planner: Laurie
Smith
City Treasurer: Mike
Blair
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. Councilmember Williams arrived at 7:05 p.m. Mayor Park
explained that Attorney Darcy Erickson and Paralegal Leah Rose were present
representing the City Attorney’s office.
2. APPROVE AGENDA: Councilmember
DeCourcy 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.
Councilmember MacManus questioned what the road maintenance payment of $35,000
included. Engineer Hanson explained that the payment was for the 2007 Street
Improvement Projects which included the sealcoating and cracksealing projects on
Angell Road, Sunny Side Lane, Windy Hill Court and Windy Hill Road and 55th
Street. Treasurer Blair noted that the improvements were discussed at the
August meeting.
Councilmember DeCourcy noted an error on page 2 of the August 7, 2007 Council
minutes; she explained that under Item 5.a. of the City Engineer’s report the
bituminous pavement reconstruction was at the intersection of Angell Road and
Highway 110, not TH 55. Engineer Hanson agreed that the minutes should be
corrected and explained that his report was incorrect.
Councilmember Williams moved approval of the Consent Agenda with the
recommended correction to page 2 of the August 7, 2007 Council minutes, seconded
by Councilmember Bennett and carried:
a.
Minutes of August, 2007 Regular Council meeting.
b.
List of Bills.
c.
Monthly Financial Statements – August, 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 stated that today was the first day of school and while waiting for
the school bus to pick up his children, he observed 3 or 4 vehicles traveling at
a high rate of speed on Charlton Road heading to Highway 100. He asked if the
radar speed sign could be placed along the roadway.
Mayor Park asked what type of sign Mr. Hovey was requesting. Mr. Hovey explained
that there is a sign that electronically shows the speed of a vehicle that the
police place on the road.
Henry Hovey pointed out that the sign was purchased jointly with several
surrounding cities.
The Mayor asked whose responsibility it would be to request the sign be placed
on the roadway. Engineer Hanson stated he would contact Chief Shaver to place
the sign on Charlton Road.
Forester Nayes advised that he had removed all trees and debris from the
roadways and all streets are now passable after the storm.
Mayor Park thanked Forester Nays, Engineer Hanson and former Engineer Don Sterna
for their quick response to assist with removal of the trees after the storm.
She noted that Engineer Sterna drove through the City in the early morning hours
to assess the damage and propose action to remove the debris and trees from the
roadways.
Councilmember MacManus noted that one resident lost a tree that was
approximately 125 years old; she advised that the resident was fortunate that
the tree broke near the top so that there was no major damage to the dwelling.
5. INSPECTORS REPORTS:
a.
CITY ENGINEER: 2007 Street Improvement Project. Mr. Hanson
explained that the striping of the speed humps was completed on Angell Road and
Salem Church Road. He noted that the Salem Church Road markings were done
correctly; however the Angell Road markings were not done according to standard
marking requirements. He explained that the Angell Road speed humps will require
additional painting so that they are more clearly visible and that he would
request the contractor repaint these speed humps.
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.
Zehnder Road Signs: Mr. Hanson advised that the two barricades and
street signs were installed on Zehnder Road.
Shouldering: The Engineer explained that the shoulder work on Angell Road,
Sunnyside Lane and Salem Church Road was completed. He stated that the Salem
Church Road shouldering began to wash out after the work was done and that the
contractor was asked to touch up the shoulder at this location. He noted that he
directed the contractor to remove a small edge on the shoulder that was keeping
runoff from flowing into the ditch; the edge held the runoff on the shoulder
which increased the likelihood of wash out.
Charlton Road: The Engineer stated that Charlton Road was graded and
compacted.
Tree Removal: Mr. Hanson explained that several trees blew down across City
streets during the rain storm on August 28. He advised that he and the City
Forester removed tress that blocked or partially blocked Angell Road, Charlton
Road, Salem Church Road and Pieper Road.
Construction Monitoring: The Engineer stated that he had checked the
private homes construction sites at the Chase and Flynn residences and found
some minor silt fence improvements were needed at both sites. He stated he would
contact the property owners and advise them what needs to be done.
Angell Acres Preliminary Plat Review: Mr. Hanson stated that the
developer’s engineer had resubmitted the drainage plan and hydrology report and
the revised plan will be reviewed shortly.
Charlton Road Feasibility Study: Engineer Hanson reported that the Task
Force met on Wednesday, August 22. He explained that the West St. Paul Police
Chief and Mendota Heights Fire Chief were present and respectively gave
presentations on safety issues, mobility and access for public streets. He noted
that the Fire Chief explained the process they would utilize to fight a fire
along Charlton Road and that one comment made included the desire to have
watermain extended along Charlton Road for fire-fighting purposes. He stated the
information was informative and the power-point presentation from the Fire Chief
was very interesting.
Capital Improvement Plan: Engineer Hanson stated that the CIP that was
revised in response to Council discussion at the last meeting; a revised CIP was
presented for Council review and approval. He explained that the minor
modifications included; Moving Charlton Road Reconstruction from 2008 to 2009;
Moving Salem Church Road mill and overlay improvements from 2009 to 2008; and
revising other scheduled maintenance improvement to balance the annual budget
for Capital Improvements between 35,000 and 45,000 per year.
2008 Preliminary Budget: The Engineer advised that he prepared a
preliminary budget for engineering and public works and submitted it to the City
Treasurer. He explained that he used the proposed CIP was the basis for the 2008
Preliminary budget estimates.
Engineer Hanson stated that he anticipates working in September to complete the
repainting of the speed hump on Angell Road and meeting with the Charlton Road
Task Force.
Mayor Park asked if there were any comments or questions regarding the
Engineer’s report.
Henry Hovey advised that after the grading and compaction of Charlton Road there
was a drop of 3 to 4 inches where the gravel meets the bituminous surface near
Highway 110. He commented that the City should be able to grade and compact the
road to retain a level surface in this area.
Engineer Hanson explained that he gave specific instructions to the contractor
to grade well in the area where the gravel meets the black top. He pointed out
that it is inevitable that the two surfaces will not remain flush.
Mike Hovey commented that after the rainfall the area was not flush anymore.
Engineer Hanson stated that he was informed the roadway has been in that
condition for a long time.
Councilmember DeCourcy questioned the wisdom of postponing the Charlton Road
improvements to 2009.
The Engineer explained that with the Task Force meetings and the need to acquire
right-of-way for the project and prepare plans, the project would most likely
not have been completed in 2008. He stated it was the Council consensus to move
the project to 2009 in discussion at the last meeting.
Mayor Park asked if on-going maintenance would still be done on the road. Mr.
Hanson stated that the normal grading and compacting would be done.
Councilmember MacManus stated that she lives on the road and she commended the
grading job that was done; she concurred that the project could be postponed to
2009.
Councilmember Williams also noted that there were more pressing needs for
improvements in other areas of the City and therefore, in his opinion it made
sense to shift the projects.
Councilmember Bennett agreed that the Task Force work should be completed prior
to making a decision on the project.
Mayor Park asked Councilmember MacManus to report on the Task Force meeting.
Councilmember MacManus reported that the Task Force members began with
introductions and then heard presentations from the Police and Fire Chiefs. She
commented that both presentations were good and that she was especially
interested in the Fire Chief’s presentation since she had not thought about
getting water on Charlton Road for fire-fighting purposes. She advised that
there was not substantial discussion after the presentations and that the there
is still a lot of work for the Task Force to complete.
Mayor Park agreed with the report and noted that the Fire Chief made comparisons
of the access issues that were encountered with the Acorn Drive improvements.
Councilmember MacManus also noted that there would be issues for public safety
vehicles if the lawn maintenance equipment were parked on Charlton Road.
Mayor Park agreed that stated that she saw firsthand today that residents could
not maneuver the roadway due to two large trucks parked close together on the
road; one was a lawn maintenance truck and the other a large delivery truck. She
stated that this matter would be discussed later on the agenda.
Mayor Park thanked Councilmember MacManus for her report.
Council thanked the Engineer for his report.
b.
BUILDING INSPECTOR: Inspector Wahl reported that he conducted 15
inspections and issued five (5) permits in the month of August. He noted that
two of the permits issued paid double fees because the contractors did not take
out the permit prior to commencing the work. He stated that he issued one (1)
Certificate of Occupancy to the Spauling residence at 45 Windy Hill Road and the
he contacted the Engineer and Planner to insure all conditions were met prior to
issuing the certificate.
Mr. Wahl explained that he would be out-of-town for a conference from September
29 through October 4 and that David Neimeyer would be handling any calls related
to building matters. He also advised that he would submit a report for the month
of September at the October Council meeting; he indicated that the Chase and
Flynn residences may need inspections in his absence.
Council thanked Inspector Wahl for his report.
c.
CITY FORESTER: Forester Nayes stated he issued one (1) burning permit
in August. He explained that he also had spoken to several residents regarding
diseased trees during the month. He noted that there was some major damage to
trees during the storms and that all dangerous debris had been removed and the
roads are all passable.
Mayor Park commented that on Acorn Drive near the Jacobsen’s home there is a
large dead tree branch, still connected to the tree. Mr. Nayes explained that he
had seen the branch and he did not believe it posed any danger; he offered to
revisit the site.
Councilmember DeCourcy stated that she spoke with Ben Gundy from the Dodge
Nature Center regarding the
mowing of Musser Park and he recommended that the City either conduct a burn in
April or mow in October. She commented that the Spotted Knapweed plants are
beautiful and the park looked wonderful with its natural plants. She further
commented that she had read an article regarding how bees are dying because
people are taking away their natural food of Dandelions, Creeping Charlie and
other weeds.
Mr. Nayes agreed with the assessment from Mr. Gundy and explained that the
Spotted Knapweed seeds would spread if mowed at this time. He pointed out that
Spotted Knapweed is an invasive plant and it is not allowed to be sold in
Minnesota.
Councilmember Williams agreed that the Spotted Knapweed is exotic and tends to
drive out native plants; he explained that he attempted to find out if the
Dakota County had declared it a noxious weed, but he could not find any
information on their website.
Forester Nayes pointed out that there are other natural plant species that are
not as evasive that could added for augmentation to the prairie setting of the
park if the Knapweed is eliminated.
Mayor Park suggested not actively encouraging the growth of the Knapweed and
conducting the mowing in October.
Council thanked the Forester for his report.
Mayor Park explained that a report was received from the Planner although it was
not listed on the agenda.
Planner Smith reminded Council of the Joint Meeting with Planning Commission
scheduled on September 19 to conduct a preliminary discussion of the
Comprehensive Plan Update. She stated that a packet of information would be sent
out this week for Council review. She noted that after the joint meeting an open
house would be conducted to receive public input.
The Planner advised Council that she is expecting a baby in February, 2008 and
that she would be taking a few months off work and hoped to return in June,
2008. She explained that Steve Grittman would be overseeing applications and
that he may assign another person from the firm to attend meetings.
Clerk Iago asked if the Planner would prepare a Public Notice of the Joint
Meeting and Ms. Smith responded yes.
Council offered their congratulations to the Planner and thanked her for the
report.
d.
PUBLIC SAFETY: Mayor Park distributed the Public Safety Report for
August and noted that the False Alarms were up 12 from the same time period last
year.
Clerk Iago reported that most of the false alarms were spread throughout the
City and that there was only one resident who would be sent a notification
letter for three false alarms. She explained that another resident had three
alarms in one day and therefore it was determined there was a problem with the
alarm and only counted as one incident.
Mayor Park pointed out that Chief Shaver had indicated that the City could
determine if they wished to charge multiple incidents on the same day as one
false alarm.
Planner Smith commented that the Ordinance requires billing the third false
alarm for burglar alarms and requires billing the second false alarm for fire
alarms.
Councilmember Bennett asked why Council was not provided information on the
alarm incidents and asked for information on the resident being fined. Mayor
Park explained that she receives the full information and passes it on to the
Clerk for processing; she indicated that she does not believe it is private
information and offered to provide copies for Council.
Clerk Iago stated that Diana Kootz at 2430 Delaware Avenue had three false
alarms and would be billed.
Councilmember DeCourcy stated she believes Ms. Kootz has already moved out of
the City.
Mayor Park commented that she understood the former Clerk sent a warning letter
to residents after the second incident. Ms. Iago stated she was not aware of
that procedure, but offered to do so.
Councilmember Williams stated he believes the Council and staff need better
information on residents moving in and out of the City. Planner Smith stated she
receives a quarterly report on tax parcels from the County and she could provide
that information to Council and staff.
Leah Rose from the City Attorney’s firm also offered to do research on the tax
records of residents.
Councilmember Bennett noted that Inspector Wahl gave the Council information on
the new resident who purchased Par Ridder’s home and he commented that it would
be preferable if Council were informed when a new resident moves in or someone
moves out.
Councilmember MacManus commented that the Gustafson’s home is for sale.
Mayor Park stated she used to send “welcome” packets to new residents and she
would try to rejuvenate that program.
Councilmember DeCourcy offered to check with Ms. Kootz to determine when she
moved out of the City and report back to the Clerk.
Treasurer Blair explained that the Police Department does not charge the City on
an incident basis and that the Fire Department does charge on the basis of
incidents.
Councilmember Williams asked if the alarm companies still attempt to verify the
alarm before dispatching public safety services. Mayor Park responded that she
believes that is true.
Council thanked the Mayor for the report.
6. RESOLUTION ADOPTING PRELIMINARY BUDGET:
Treasurer Blair distributed information relating to the 2008 Preliminary Budget.
He explained that the proposed net levy amount of $349,082 was below the “Not to
exceed” limit and therefore the City would not be required to conduct the Truth
in Taxation hearing if this budget is adopted. He stated that the preliminary
budget shows an increase of 4.43% inflation limit as mandated by the County. He
reviewed the expenditures listed and noted that the Clerk transition would be
completed this year and therefore Ms. Hamper would not be receiving any further
payments in 2008. He also pointed out that the Comprehensive Plan update is
completed once every ten years and that the City would spend all the money
budgeted; however, there would be a carryover to next year. He stated that the
Bond Interest and Principal relates to the Acorn Drive improvements. He
indicated that the Road Maintenance budget is estimated at $37,600 compared to
$23,000 last year; however, he advised more was spent with Council
authorization. He advised the balance of the expenditures was based on an
inflationary percentage.
Mr. Blair stated he had met with the Mayor and Councilmember Bennett to discuss
the budget and had also received input from the consultants. He stated there was
a slight increase in cash reserves of $8,000. He pointed out that there were
some additional maintenance costs that were not budgeted in 2007 and some fees
for Charlton Road; he noted these are normal items and there were no significant
discrepancies. He advised that the permit fees are questionable estimates and
are normally a “wash”.
Treasurer Blair stated that Fire Protection was charged on an incident basis and
that there were 21 incidents in 2007 versus 31 in 2006. He explained that he
anticipates the fees to be less in 2008 and decreased the amount by $1,000. He
also noted that he anticipates Police fees to be higher based on the formula for
calculating those costs.
Mayor Park noted that Sunfish Lake pays a much lower Police fee based on
population versus a community such as Mendota Heights.
Mr. Blair explained that the City Attorney fees show an overage based on the
PERA incident; he pointed out that he estimated the consultant costs based on
their input and suggested that if the consultants anticipate any major projects
or issues for next year they bring that to his attention.
Councilmember Williams asked if the Clerk Administrator salary reflects the
split in duties for that position as determined by the PERA incident. Mr. Blair
responded yes and noted that his duties and Ms. Iago’s duties as the Clerk are
now considered as City employees; he pointed out that both positions require
payment for taxes and that his position requires a payment of 6% of his salary
to PERA.
In summary, Mr. Blair stated that the City must submit a preliminary “not to
exceed” budget to Dakota County by September 15 and that the Final Budget would
be adopted in December, 2007. He noted that a motion to adopt the budget was
necessary and not a resolution.
Councilmember Bennett commented that Sunfish Lake has the only elected officials
that do not receive compensation for their service.
Councilmember Williams moved to adopt the 2008 Preliminary Budget for the
City of Sunfish Lake not to exceed $349,082.00 as submitted, seconded by
Councilmember DeCourcy and carried.
Council thanked the Treasurer for his presentation.
7. OTHER BUSINESS:
a. Resolution to Endorse the US Mayors’ Climate Protection Agreement:
Mayor Park asked the Council to consider adoption of a Resolution Endorsing the
US Mayors’ Climate Protection Agreement. She explained that this issue was
discussed by Mayors Coleman and Rybek at an event she attended with Minnesota
Mayors and that several Minnesota cities had already adopted the resolution. She
noted that during her participation in the Dakota County HiPP Partnership there
was discussion regarding establishing a goal in 2008 to become the first “Green”
County in the State of Minnesota. She also noted there was an article in the
most recent issue of the League of Cities magazine regarding “green” issues that
was very informative. She pointed out that because Sunfish Lake is 100 percent
residential, some of the items listed in the generic resolution are not
applicable, but that the City plays a part in this issue since there the larger
homes provide a larger carbon footprint. She also pointed out that Sunfish Lake
has a long history of conservation efforts and that she believes that history
should be carried into the 21st century. She asked Council to endorse
the resolution and stated she was open to any suggested changes.
Councilmember Bennett indicated that initially he had some recommended language
changes since there is no commercial property in the City; however he believes
it is a generic resolution and suggested adopting the document as it is.
Councilmember Williams questioned if the City would be required to update any
building codes if the resolution is adopted.
Mayor Park stated that the City would be working towards updating the codes, but
that there is no immediate necessity to revise them at this time. She stated she
spoke to the City Attorney and he advised the City would merely be endorsing the
concept.
Darcy Erickson agreed with the Mayor and explained that adopting the document
would only be an endorsement of the objectives and that the document does not
mandate compliance at this time.
Councilmember DeCourcy moved to adopt Resolution No. 07-12 titled, RESOLUTION
ENDORSING THE US MAYORS’ CLIMATE PROTECTION AGREEMENT, seconded by Councilmember
MacManus and carried.
b. Deer Hunting Ordinance: Mayor Park explained that she has
not received an answer from West St. Paul Mayor Zanmiller regarding the
possibility of an aerial deer count and using professional bow hunters to reduce
the herds. She explained that Mayor Zanmiller indicated he could not proceed
with the hunt in his City without receiving the count. She stated that she
preferred to pass the hunting ordinance for a fall deer hunt this year and noted
that those requesting a permit would have to have at least a 10-acre parcel and
have permission from the property owner. She questioned if several contiguous
parcels could be combined by property owners and they could provide permission
to hunt on that land.
Darcy Erickson explained that the ordinance appears to allow owners of
contiguous parcels to combine them and provide permission to hunt.
Mayor Park noted there are also be other provisions listed in the ordinance for
hunters, such as showing proof of attendance at a hunting safety class, etc. She
suggested allowing the hunt between September 15 and December 31, 2007. She
noted that in 2003 the City allowed the hunt for 7 Does and 8 Bucks and that
numbers should be determined. She explained that she normally starts receiving
calls from residents regarding hunting permits in October.
The Mayor stated she would support deer hunting based on the fact that she has
received calls regarding the number of deer located near Hornbeam Lake.
Councilmember Bennett stated he was opposed to the hunt because the Council has
no knowledge of how many deer are around the City and therefore no basis to
determine what number for removal would be appropriate. He commented that he
believes there are less deer in the City at this time than 5 years ago.
Councilmember DeCourcy agreed. Councilmember MacManus agreed that she would not
be comfortable setting the number until the information regarding the herd is
received.
Councilmember Bennett commented that he believes deer hunters are pushing the
issue and noted that the DNR had recommended residents in Inver Grove Heights
stop placing bird feeders because the deer eat the feed.
Councilmember Williams stated it was his impression that a bow and arrow is
considered a firearm and he also questioned if the permit system was in place
and how it would be handled. He agreed that it would not be appropriate to
determine the number of deer to be hunted without information regarding the
number in the herd.
Councilmember Bennett moved that no deer hunting be allowed in the City in
2007 and remain in effect until next August, 2008 based on the fact that Council
has no information regarding the size of the deer population within the City and
no basis to determine the number of deer to be culled from the herd, seconded
by Councilmember Williams and carried. (4-1) Councilmembers Bennett, Williams,
DeCourcy and MacManus voting in favor; Mayor Park opposed.
c. Continued Discussion of Road Safety Issues: Mayor Park explained
there were several items that need to be discussed relating to road safety
including access issues raised by the Fire Chief and Police Chief at the Task
Force meeting, comments regarding receiving information from Engineer Hanson
relating to installation of speed humps and issues relating to parking of large
lawn maintenance vehicles and trailers on City streets.
Councilmember Williams commented that after hearing discussion from the Task
Force meeting it appears there is a strong need to manage parking on Charlton
Road, especially based on the Fire Chief’s input regarding access. He stated
that he preferred not to install no parking signs.
Mayor Park agreed that Charlton Road parking is an issue and questioned why the
vehicles could not be placed in the residents driveways.
Councilmember Williams noted that on Acorn
Drive the vehicles usually park off the road or on the area that was prepared
for public safety vehicles at the end of the road. He suggested Council could
pass an ordinance restricting where the vehicles could park so that they leave
sufficient space for another vehicle to pass and possibility set a time limit
for parking.
Mayor Park questioned if the ordinance could be discussed and adopted this
evening.
Councilmember Williams suggested that the Fire Chief be invited to the next
Council meeting to discuss the matter. Council concurred.
d. Other: Councilmember DeCourcy stated she released 8 nearly grown
Pheasants and asked that residents see the Pheasants they provide some feed for
them.
Mayor Park asked if there were any further
business items and there was no response.
8. ADJOURN: Councilmember Bennett moved
for adjournment at 8:20 p.m., seconded by Councilmember
Williams and carried.
____________________
___________________________
Molly Park,
Mayor Catherine Iago, City
Clerk
BACK to News