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SUNFISH LAKE CITY COUNCIL MEETING – OCTOBER 2, 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: Tim Kuntz

      City Engineer: Tim Hanson

      City Planner:  Laurie Smith

      City Treasurer: Mike Blair

City Forester: James Nayes
Police Chief: Bud Shaver
Fire Chief: John Maczko

      City Clerk: Cathy Iago

            and Members of the General Public.

     

1.   CALL TO ORDER:            Mayor Park opened the meeting at 7:00 p.m. and welcomed Fire Chief Maczko and Police Chief Shaver.

 

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

  

3.   CONSENT AGENDA:       Mayor Park asked if there were any comments or any questions regarding items on the Consent Agenda.

Mayor Park noted that under the City Forester report on page 4 of the September 4, 2007 Council meeting minutes she commented about a tree branch blown down near the Jacobsen’s home and the street should be listed as Angell Road, not Acorn Drive. Clerk Iago stated she would make the correction.    

Councilmember DeCourcy moved approval of the Consent Agenda with the correction on page 4 of the September 4, 2007 Council meeting minutes, seconded by Councilmember Williams and carried:

 

a.       Minutes of September 4, 2007 Regular Council meeting.

b.       List of Bills.

c.       Monthly Financial Statements – September, 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 explained that Adina Overbee had sent recycling information to him and the Mayor which stated that JR’s Advanced Recycling had offered to collect residential electronics free of charge to residents of Sunfish Lake. He noted that Mike Larson was the contact person and he would put information regarding this service on the City website.

Councilmember DeCourcy asked where the business was located. Mr. Hovey advised the address is 10619 Courthouse Boulevard in Inver Grove Heights, and the phone number is 651-454-9215; he stated he would put the information on the website for residents.

Mayor Park pointed out that Mr. Hovey had requested the speed sign be placed on Charlton Road because the children were boarding the school buses; she questioned if the Engineer had made arrangements with Chief Shaver. 

Engineer Hanson stated he had contacted the Chief and was advised the speed trailer is in the shop for repairs.

 

      Chief Shaver explained that the machine needed batteries and should be operational soon; he stated that the City owns the trailer so it would be available as soon as it is repaired.

Mike Hovey asked how late in the season the City could grade Charlton Road because it had washed out again.

Mr. Hanson stated the grading could be done anytime before November and that he planned to do the final grading in late October.

Holly Hammet-Divine noted that there is a build-up of sand in the ditches along Charlton Road. Lynette Olson stated she believes the sand also builds up in the culverts that go to the lake.

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

5.   Mendota Heights Fire Chief John Maczko:  Road Accessibility and Other Issues:

      Mayor Park explained that she asked Chief Maczko to speak at 7:30 p.m. and suggested that staff give their reports

      until the Chief arrives.

6.   INSPECTORS REPORTS:

 

a.       CITY ENGINEER:  2007 Street Improvement Project.   Mr. Hanson explained that the general contractor and subcontractor were notified to re-stripe the speed hump on Angell Road; he noted this was not completed according to standard marking requirements and that he would insure the re-striping was done. He stated that all other work on the project was completed.

Tree Removal:  Mr. Hanson explained that additional tree removal and cleanup from the August 28 storm was completed by the City Forester and that the Forester may comment on this matter in his report.

Construction Monitoring:  Mr. Hanson explained he had reviewed the construction sites for the Chase and Flynn residences and both site have maintained their erosion control facilities. He noted that there is tree planting and sod installation being done at the Chase property.

Angell Acres Preliminary Plat Review:  Mr. Hanson stated that the revised drainage and grading plans were reviewed and are acceptable; he made some minor comments relating to the plans and the developer has completed those tasks.

Charlton Road Feasibility Study:  The Engineer stated that Charlton Road Task Force did not meet this month. He advised that he had completed a cost analysis that compared a bituminous surfaced road with an aggregate surface road and would present the document at the next Task Force meeting.

Mike Chase Property – Investigation Report:  Engineer Hanson stated that he received a copy of the Investigation Report completed for the petroleum spill on this property; the spill occurred from a heating oil tank that corroded prior to its removal from the property. He explained the tank was discovered and removed with the demolition of the Riley house. He noted that the report was from the consulting engineering firm hired by the property owner and consists of two reported as detailed by the Minnesota Pollution Control Agency (MPCA); the two reports are the General Excavation Report Worksheet and the Investigation Report Form. He stated the Investigation Report recommends “Site Closure” and he reviewed the basis of the recommendation is outlined in his engineering report.  He advised that the MPCA would review the report and determine if closure is appropriate.

Councilmember Williams asked how the 50 ft. depth of the well was determined. Mr. Hanson explained that he believes information regarding the matter was sent to nearby residents to determine the depth of their wells and that calculation was used for the report.

Mayor Park questioned if the home was not demolished if the City would have known of the contamination. Mr. Hanson stated the City would have no knowledge of the spill, however; he explained that it appears there was only a slight seepage of materials since only six yards of dirt was removed from the site.

Engineer Hanson explained that the City Clerk had forwarded a letter to him this evening from Dakota County that requests the City review the Council 2008-2012 CIP; he noted there is a website for the County that contains the document and he would forward a memo to Council with the website information.  He further explained that there would be public hearing on the matter on Tuesday, November 6, and that Council support for any projects listed in the CIP should be forwarded to him prior to that date.

Mr. Hanson reviewed his anticipated activities for October; Replacement of traffic signs on Angell Road and Salem Church Road; meet with the Charlton Road Task Force; and obtain proposals for snow removal.

Council thanked the Engineer for his report.

 

b.       BUILDING INSPECTOR:  Mayor Park explained that Inspector Wahl is attending a Building Officials conference and would present his report at the November meeting.

 

c.       CITY FORESTER:    Forester Nayes stated he issued five (5) burning permits in September. He noted that Mark Johnson had been in town and indicated he would be back with his family by the end of the year. He also extended a special thanks to Mike Hovey and Joel Bennett for allowing the trees collected as storm debris to be put into their burning piles.  He advised that there was a home for sale on Zehnder Road.

Councilmember DeCourcy asked what the City would be doing this year for the Knapweed. Mr. Nayes explained he delayed mowing until the end of the season and would be mowing later this month. He explained that he would determine if spraying would be appropriate next year.
 
Council thanked the Forester for his report.

 

d.       PUBLIC SAFETY:   Mayor Park noted that the Public Safety Report for September was hand delivered by Chief Shaver this evening. She noted that the False Alarms were up substantially with 39 versus 24 from the same time period last year; she asked the Chief if he could provide some insight into this matter.

Chief Shaver explained that more residents may be getting items in their homes serviced prior to leaving for the winter months and may have service people coming to their homes or persons unfamiliar with the alarm systems. He stated he was more concerned regarding suspicious persons in the neighborhoods and asked that residents report any unusual activities immediately.

Mayor Park asked if any of the false alarms were repeat offenders. Chief Shaver explained that he could provide information relating to a specific address for the City.

Ms. Iago explained that two letters would be sent this month for 3 false alarms and she offered to send copies of the letters to Council if they wished to review them; Council concurred they would like to see the letters.  

Mayor Park asked if Council could be given full copies of the Public Safety Report; Chief Shaver agreed and explained that no private information was contained in the report.

Mr. Nayes reported that an entire tree was dumped on Salem Church Road and that it makes no sense to dump a tree when burning permits are offered by the City; Mayor Park noted that it may not have been a resident.

Mayor Park stated she had been in contact with the West St. Paul Crime Prevention Coordinator to discuss a possible neighborhood meeting on a Saturday afternoon; she offered to hold the event at her home and suggested that Police personnel could be present to explain their jobs and show residents, especially elementary school children, the police vehicles and equipment.


Chief Shaver stated his department would be happy to participate to increase public awareness of the police and their job; he offered to have the Canine officer present.

Mayor Park asked if a public notice should be posted for the event. Mr. Kuntz suggested that if more than two members of the Council are present it would be appropriate to notice the date.

Council concurred that the Mayor should pursue the event and post notice as recommended by the Attorney.
 
Council thanked the Mayor and Chief Shaver for the report.  

Mayor Park introduced Fire Chief Maczko and asked that he provide general information to those present regarding the department and road safety issues.

Chief Maczko distributed copies of the 2006 Fire Department Annual Report and explained that the Mendota Heights Fire Department provides fire protection for four (4) communities. He stated that he was asked to discuss accessibility for fire equipment as discussed at the Charlton Road Task Force meeting. He noted that most residents need to be reminded of the fact that fire protection is not effective if the equipment cannot gain access to their homes. He stated that the fire department needs to haul water into Sunfish Lake and therefore it is important that there is sufficient access for more than one fire vehicle on a roadway and/or private property. He stated that Acorn Drive is a good example of options that may be used to provide access for the larger fire vehicles; he explained that he is willing to discuss options for access that maintain the aesthetics of the property and the community. He stated that a fire truck is approximately 9 feet wide and therefore a roadway must be at least 20 feet wide to accommodate two trucks passing each other during operations. He also noted that during the winter months the snow accumulation also presents problems with access. 

Chief Maczko stated that no one expects a fire to occur and that the fire department wishes to be able to respond quickly in an emergency. He pointed out that the Council has taken actions to help make the roadways safe and the fire department personnel is willing to assist homeowners in determining what would make their property safer and more accessible for fire vehicles.

Mayor Park pointed out that even tree canopies may pose problems for fire vehicle access. Chief Maczko agreed and advised that International Fire Code states that a home more than 50 feet from the road should have a 20 ft wide by 15 ft high clear area to accommodate fire trucks. He explained that he would be willing to review any property and make suggestions for clearing areas that may create hazards for emergency vehicle access.             

Mayor Park asked the Fire Chief if he had any suggestions for dealing with the lawn service vehicles that park on public roadway; she noted that access is an issue especially on Charlton Road with so many curves.

The Fire Chief suggested that the easiest method of dealing with the issue is to ask for their cooperation and to post signs and have the police enforce the issue. He commented that some communities install parking bays along narrower roadways. He noted that there should be something in the State Statutes that allows enforcement if access is blocked by a parked vehicle and that it may be possible to issue a citation whether or not no parking is posted. He noted that it is best to educate the public prior to using enforcement methods.

Holly Hammet-Divine asked the Chief to comment on sprinkling systems. Chief Maczko stated that it is more realistic to sprinkle a home and it would save lives. He noted that there was a recent fire call in Mendota Heights where the fire melted a water line and put out the fire; he strongly encouraged sprinkling systems in homes.

Holly Hammet-Divine suggested that some homeowner may not be home to advise the lawn service not to park in the roadway and she suggested a reminder notice be sent to residents.



Councilmember DeCourcy agreed that the service providers should be contacted by the property owners prior to issuing citations.   

Councilmember Williams also agreed that something needs to be done particularly on Charlton Road.

Mayor Park noted that Sunfish Lake residents appear to have an aversion to signs.

The Fire Chief pointed out that not parking is also an issue when special events occur and residents park on both sides of the road; he suggested that during special events there should only be parking on one side of the street.

Mayor Park asked if the alarm service providers are required to call the resident at home prior to calling the Fire Department; she indicated that should be in the City Code. The City Attorney and Fire Chief agreed that is a requirement. 

Councilmember Williams asked if it would be possible to prohibit all parking on the street and place the signs only at the entrances to the City. He noted that permits could be issued for special events.

Attorney Kuntz advised that could be done by Ordinance but noted that MnDOT had spacing requirements for parking signage to make it enforceable.

There was further discussion regarding the possibility of a citywide parking ban.

Chief Shaver commented that the police have the power to enforce parking restrictions at anytime, but he suggested that Council consider using temporary signs during special events to limit parking to one side of the street only. He noted this would not address the lawn service vehicles, only special events.

Attorney Kuntz suggested that it may be helpful in making a decision if the Fire Chief and Engineer determine the location and frequency of signs that would be required on Charlton Road prior to imposing a parking ban.

Councilmember MacManus asked if that would allow lawn service vehicles to park on one side of the road. Attorney Kuntz explained it would merely provide information for Council to make a decision.

Councilmember Bennett suggested that it is nearing the end of the lawn service season and Council could discuss the matter further over the winter months; he stated he is opposed to signage.  

After discussion, Council concurred to place information in the City newsletter regarding contacting the City Clerk for special events to avoid towing of vehicles due to access issues and that citizens should inform their lawn service provider to park on their property or if that is not possible, to leave sufficient space for other vehicle access along the roadways.  It was further suggested that residents should be notified in the newsletter that they should have a 20 ft wide by 15 ft. high clear area on their property for fire equipment access and that they may contact the Fire Chief to discuss the matter.

Councilmember Bennett advised that he has two large columns in front of his home and asked that the Fire Chief review his property.

Councilmember Williams suggested that the Charlton Road Task Force discuss the possibility of using parking bays along the road.  Fire Chief Maczko also suggested they discuss the use of pullout area for staging such as those used on Salem Church Road and Acorn Drive.  Mayor Park noted that Charlton Road has some natural bay areas along the road.

Engineer Hanson asked if there were any insurance rating incentives to maintain access to residences. The Fire Chief stated that in his experience the insurance companies are looking to minimize their loss and tend to review items that relate to whether or not code requirements are met and if the City enforced these requirements.
Mike Hovey asked how residents would contact the Fire Chief. Mr. Maczko stated he could be reached at 651-255-1371.

Holly Hammet-Divine asked if the Chief mentioned that the road does not have to be paved for access. She also commented that there appears to be a lot of washout from the longer driveways coming onto the road.

The Fire Chief stated that the design of the road to support the equipment is his main concern, not the materials used. Councilmember Williams explained that Council had indicated they would prefer paving for maintenance cost reduction.  

Mayor Park stated that the Engineer would determine what is causing the washout on the roadway and those issues would be discussed at the Task Force meeting. 

Council thanked both the Fire Chief and Police Chief for their input and attendance.
                       

7.   Summary of Joint City Council and Planning Commission Meeting:  2030 Comprehensive Plan.  Planner Smith reviewed the discussion at the Joint Council/Planning Commission meeting relating to the Comprehensive Plan review and outlined the changes were made to the goals and policies portion of the document as recommended by Council and the Commissioners.  Planner Smith stated that the next step would be to complete the draft land use plan and schedule a public open house.  She indicated the public house would possibly be held during the end of November.

The Planner referred to her report dated September 26 and advised that an application had been submitted for a tear down of an existing home and detached garage at 120 Salem Church Road to accommodate construction of a new two-story home with an attached garage. She explained that a CUP is required because the property is considered to be substandard lot in terms of net lot area and a variance is being required from the front yard setback to allow placement of the home approximately 50 ft. from Salem Church Road. She noted that due to the size and shaper of the subject site it would not be possible to construct a new home on the lot which would conform to all setback requirements.  She advised this matter would be reviewed by the Planning Commission on October 17 and heard by Council on November 6. She explained she had included an article that was in the American Planning Association newsletter relating to tear-down and rebuild issues for Council review. 

Planner Smith explained that the staff had reviewed the Schadegg property and found all improvements to be consistent with approved plans; she advised that a Permanent Certificate of Occupancy can now be issued.

 

      Ms. Smith advised that she finished updating the City’s resident phone list using Dakota County property information and current telephone listings; she explained the two lists attached were sorted by property owner last name and by street address. She explained that some properties have been recently sold; however, the County property information is only updated quarterly. She asked that Council review the list for any errors or information that should be updated and to contact her with any changes.

Council thanked the Planner for her report. 

 

8.   NEW BUSINESS:  

a.   Discuss Ordinance for Property Completion Projects:  Letters of Credit or Escrow:   Mayor Park explained that during the joint meeting with the Planning Commission there was discussion regarding changing the requirement that applicants provide a letter of credit or an escrow to insure that there is completion of new home construction and landscaping to requesting solely an escrow account that could be used to insure all aspects of the plans are completed.

Councilmember Williams pointed out that the issue was raised that a letter of credit often expires within one year and some new construction projects take longer to complete; he noted that after the letter of credit expires, the City has lost the leverage to insure the project completion.

Mayor Park asked the City Attorney to provide some historic perspective relating to inclusion of the letter of credit requirement.

Mr. Kuntz explained that former elected officials were frustrated that new home construction projects experienced long delays and it was difficult to enforce completion of the projects. He reviewed the 1998 Council discussions that were related to issuing a temporary certificate of occupancy if completion of the interior of the home met code requirements relating to health and safety issues; the final occupancy certificate would not be issued until all other drainage, grading, access and exterior plans were completed. He noted that the main concern of the Council, was not if the letter of credit or escrow account was sufficient to complete the project, but rather to provide an amount of money that was sufficient for the staff to pursue appropriate means to insure that the project was completed by the property owner, not by the City. He noted that some persons wished to move into the residence prior to the exterior items being completed and therefore a Temporary Certificate of Occupancy was allowed. He explained the model for the amount of escrow to pursue means to insure completion of the project by the property owner was $5,000. He referred Council to Section 1209.93 of the City Code which allows the City to establish either a letter of credit or escrow account; he explained that Council could amend the Code by eliminating the letter of credit wording as an option.

Councilmember Williams asked if a specific amount must be placed in the code as some projects may exceed that amount. He noted that the rationale was to cover legal costs and inspections, not an amount sufficient for the City to hire someone to complete the project. He asked if the language could state” an amount to be determined by the City”.

Mr. Kuntz responded that such language could be placed in the Code, however; Council would have to set the amount for each individual project. He indicated it may be preferable to set a standard amount.

Councilmember Bennett suggested the language read to post a minimum of $5,000 or an amount to be determined by the City Engineer. He agreed that the letter of credit option should be removed.

Councilmember Williams agreed that the letter of credit option should be removed, but he suggested raising the escrow amount to $7,500.

Mr. Kuntz suggested that Council direct him to work with the Planner to draft an ordinance amendment removing the letter of credit as an option and setting an escrow amount of $7,500; he also recommended that Council direct the Planning Commission to conduct a public hearing at their next meeting.

There was discussion relating to the escrow amount being increased to $7,500. Engineer Hanson explained that it is common in most cities for the engineer to establish a value of work to be done and he also noted that some banks automatically renew letters of credit.

Attorney Kuntz explained that the amount would be used to legally pursue methods that would encourage the property owner to complete the project; he also noted that the projects are usually single-family homes, not larger developments. 

Planner Smith pointed out that when she advises applicants for new construction of the fee it does not appear to create a hardship; she commented that it may expedite the completion process if the fee is raised.

Mr. Kuntz asked how many applicants for new home construction are issued a temporary certificate of occupancy. Ms. Smith responded that the majority of applications are issued the temporary certificate.     

Mayor Park asked if the costs to legally pursue such matters have risen since the code was adopted. Mr. Kuntz explained that using a 3 percent increase since 1998 the figure would have risen to $6,750.

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


Councilmember Bennett moved to direct staff to prepare an ordinance amendment to Section 1209.93 of the City Code to remove the option of a letter of credit and to increase the escrow amount required from $5,000 to $7,500, seconded by Councilmember DeCourcy.

In discussion Mayor Park asked for clarification that the motion also directs the Planning Commission to conduct a public hearing on the matter. Councilmembers Bennett and DeCourcy agreed that was their intent.

Councilmember Bennett asked if the temporary certificate of occupancy issue is explained to residents when they pursue a building permit. Planner Smith responded yes and noted that the process is discussed after approval of the permit during the pre-construction meeting with staff.

Mr. Kuntz advised that staff would prepare the amendment for the public hearing and that the matter would be heard by Planning Commission at their November meeting and by Council at their December meeting.

Mayor Park called for a vote on the motion.

Motion carried. 5-0    

b.  Discuss Rural Road Designation--Codified or not:  Mayor Park advised that during discussion of the Comprehensive Plan amendments a questions was raised as to whether or not the Rural Road Designation should be included and if the designation was officially adopted was raised; she asked the City Attorney to clarify this matter.  

Councilmember Williams stated he believes the designation was only for Acorn Drive. 

Councilmember MacManus disagreed and stated it was her understanding that the designation was included in the ordinance and was applied to Acorn Drive.

Attorney Kuntz explained that Council adopted a resolution which outlined the findings of fact to support the designation of a rustic road and that it related only to Acorn Drive.

Mayor Park asked the Attorney to define the different road designations.

Attorney Kuntz distributed information on the four (4) types of roadways as defined by State Statutes. He pointed out that the advantage of the Rustic Road definition under State Statute 160.83 is that if the City is not maintaining the road as a Standard Road, it can be maintained at less than standard, which was the case for Acorn Drive. He noted that Acorn Drive is a residential roadway, a local street and has a 25-mph speed limit.

Mr. Kuntz reviewed the resolution adopting the findings of fact to support the designation of Acorn Drive as a Rustic Road. He explained that Council could go through the same “findings” exercise for Charlton Road; however, Charlton Road may not be rustic residential but could be a non-standard road.

The Attorney explained that the Rustic Road designation was not codified into the City Code but Council did create standards. He suggested that the standards that were created be defined as separate standards to prevent confusion with Acorn Drive and noted that the standards are merely criteria for the road designation.

Mayor Park asked if the Rustic Road designation were adopted by Ordinance would all roads be included. Mr. Kuntz responded yes.

Councilmember Williams suggested that Council defer adoption of the standards at this time. He noted that a resolution adopting findings of facts for a non-standard road could be compiled for Charlton Road in the future.

Mr. Kuntz agreed.

Councilmember MacManus asked if the road could be designated residential and the speed limit be set at 25 mph.

Engineer Hanson responded no and pointed out that the length of the road prohibits the residential designation.

There was discussion regarding whether or not the standards could apply to future roadways such as the Mager property and difficulties with roadways in previous subdivisions. Mr. Kuntz responded yes and explained that previously private roads were build to City standards because there was no mechanism to vary the standard.

Councilmember Williams pointed out that previously city officials wanted all roadways to conform to city standards; he indicated that future developments could request non-standard roads to provide additional open space or amenities.

Councilmember MacManus agreed that various areas of the City are different and that standards may not apply to all areas.

Councilmember Williams asked if the ordinance would have to be changed to include the various roadway standards. Mr. Kuntz responded yes.

Henry Hovey noted that Council should also consider the emergency vehicle access issues.

Mayor Park asked if the process could be included in the ordinance without identifying specific designs.

Mr. Kuntz responded yes and indicated that the matter could be handled on two levels. He pointed out that other than Charlton Road, all other City roads are paved and if the Task Force recommends and Council agrees to improve the road to a non-standard design, Council could adopt the separate standards.  He further explained that the second level would include platted property within the City and some type of standards could be drafted by staff.

Attorney Kuntz suggested that council direct the Planner and Engineer to consider what circumstances would have to be in place to allow a developer to plat some design other than a standard road and establish criteria for Council to consider when reviewing subdivision plans.

Council concurred with the City Attorney’s recommendation and directed the Planner and Engineer to formulate criteria for deviation from City roadway standards for new subdivisions within the City.    

 

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

 

9.   OLD BUSINESS:  Mayor Park asked if there were any old business items for discussion. Attorney Kuntz distributed a handout relating to the Ihnot/Dolbranz property boundary dispute and advised that the City is not affected by the outcome.

Clerk Iago reported that the November 6 meeting may have to be delayed one hour due to the School District Election being held on that date. She stated she would post the notice and place the information on the City website.
  

10.  ADJOURN:   Councilmember Williams moved for adjournment at 9:15 p.m., seconded by Councilmember Bennett and carried.        

 

Molly Park, Mayor                                                  Catherine Iago, City Clerk         

 

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