SUNFISH LAKE CITY COUNCIL MEETING – DECEMBER 4,
2007
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Molly Park
Councilmembers: Joel
Bennett, Cathy DeCourcy, Judy MacManus, and Richard Williams.
City Attorney: Tim
Kuntz
City Building
Official: Russ Wahl
City Forester: Jim
Nayes
City Planner: Laurie
Smith
City Treasurer: Mike
Blair
City Clerk: Cathy
Iago
and Members of
the General Public.
City Engineer: Tim
Hanson was absent due to weather.
1. CALL TO ORDER: Mayor
Molly Park opened the meeting at 7:00 p.m. She introduced Lt. Brian Sturgeon who
was present representing Chief Shaver.
2. APPROVE AGENDA: Mayor Park asked if
there were any additions or corrections to the agenda and there was no response.
Councilmember DeCourcy moved approval of the Agenda, seconded by
Councilmember Williams, and carried.
3. CONSENT AGENDA: The Mayor asked if
there were any questions or comments relating to any items on the Consent Agenda
and she made a minor correction to the November 6 minutes; changing the amount
of money relating to permit fees from 50 cents to fifty dollars.
Councilmember Williams moved approval of the Consent Agenda with a minor
correction to the Council minutes as recommended by Mayor Park, seconded by
Councilmember MacManus and carried.
a.
Regular Council meeting minutes of November 6, 2007
b.
List of Bills
c.
Monthly Financial Statements
4. COMMENTS FROM THE PUBLIC: Mike Hovey
asked if the Engineer could request that Charlton Road near Highway 110 could be
plowed two to three feet wider. Mayor Park stated she would contact the City
Engineer and ask him to request the road be plowed wider in that area.
5. PUBLIC HEARING: Consider
Ordinance Amending Section 202.03 and Section 1201.10 of the City Code Establish
a Planning Fee Schedule.
Mayor Park opened the public hearing for relating to the Ordinance Amendment
Establishing a Planning Fee Schedule. She asked Attorney Kuntz to provide
background information on the proposed amendment.
Attorney Kuntz explained that previously cities could adopt fee schedules by
resolution; however, State Statutes now require cities to adopt any fee
increases that exceed $50.00 by Ordinance. He explained that a change in the
Planning Fees prompted the adoption of this ordinance and that the burning
permit fee should be listed as $40 for 2008.
Councilmember Williams asked if a motion for approval should also include the
increased fees and the City Attorney responded yes.
Mayor Park asked how the public would become educated regarding the fee
increases.
Attorney Kuntz explained that the City is
not obligated to notify the public other than the public hearing notice;
however, he suggested that the information could be placed on the City website
and in the Sunfish Lake newsletter.
Mayor Park asked if there were any further comments and there was no response.
Councilmember Williams moved to close the public hearing, seconded by
Councilmember DeCourcy and carried.
Councilmember Williams moved, seconded
by Councilmember MacManus, to adopt Ordinance No. 07-03 titled, AN ORDINANCE
AMENDING SECTION 202.03 AND SECTION 1201.10 OF THE SUNFISH LAKE CITY CODE
ESTABLISHING A PLANNING FEE SCHEDULE WITH RESPECT TO THE CITY OF SUNFISH LAKE
and to approve the fee schedule increases for 2008, with the additional change
increasing the burning permit to $40. Motion Carried.
6. PLANNING COMMISSION:
a. Consider Zoning Ordinance Amendments Relating to Temporary
Certificates of Occupancy. Planner Smith explained that a public hearing
was held at the November Planning Commission meeting regarding the proposed
zoning ordinance amendment which would remove the option to submit a letter of
credit and require applicants to submit a $7,500 escrow fee for new construction
applications. She explained that the Commission received one favorable comment
from the public relating to the fact that the increased escrow fee may assist
with insuring that an applicant completes their project as originally approved.
Mayor Park asked if any changes in the time-frame for completion of the project
was included and the Planner responded no. Planner Smith noted that the
ordinance eliminates the option to submit a letter of credit and that previously
a specific escrow amount was not listed in the ordinance.
Councilmember Williams commented that the escrow is basically a deposit that
would be returned upon issuance of the permanent Certificate of Occupancy.
Planner Smith agreed.
Mayor Park asked if there were any further comments and there was no response.
Councilmember Bennett moved, seconded by Councilmember DeCourcy, to adopt
Ordinance No. 07-04 titled AN ORDINANCE AMENDING SECTION 1209.03, THE
ADMINISTRATION – INSPECTION AND CERTIFICATE OF OCCUPANCY SECTION OF THE SUNFISH
LAKE ZONING ORDINANCE RELATING TO OBTAIN A TEMPORARY CERTIFICATE OF OCCUPANCY as
presented. Motion carried.
b. Mullery Property Subdivision
Concept Plan. Planner Smith explained that the Planning Commission met
with Mr. Mullery to discuss a concept plan for a subdivision of property. She
stated that the proposed subdivision would allow for one lot to be split into
two lots whereby portions of the lot would be conveyed to the properties to the
north and south resulting in a smaller remaining lot. She noted that the
subdivision would not result in the creation of any additional lots. She stated
the property is zoned R-1, Single Family Residential and is not located within a
Shoreland Overlay District. She also explained the site is guided for low
density residential uses by the Comprehensive Plan.
The Planner stated that Lot 1 is owned by Steve Bulach and the proposed
subdivision would attach a portion of Lot 2 to Lot 1 to bring the property into
compliance for setbacks. She also noted that a portion of Lot 2 would also be
transferred to Lot 3 and referred Council to Exhibit C of her report that showed
the proposed subdivision. She noted that the lot area calculations for Lot 2 are
shown at 3-acres, however, these calculations are gross amounts and the net
acreage has not been formalized since no official land survey was submitted with
the concept plan.
Mayor Park asked if Lot 3 was owned by Mr. Kampmeyer Sr. and Councilmember
Bennett responded yes.
Mayor Park asked where the existing Mullery home is located.
Planner Smith explained the Mullery home is north of these parcels and not shown
on the exhibit. She stated that Mr. Mullery requested the Planning Commission
and Council provided informal comments regarding the concept plan prior to
submitting a formal application. The Planner stated that the Planning Commission
voted favorably on the concept plan with several conditions as listed in the
planner’s report.
Mayor Park asked if Mr. Mullery would retain only one lot and if the Kampmeyer
lot and Bulach lot would have more acreage. Planner Smith responded yes.
Mayor Park expressed concern regarding the buildable area on Lot 2. Planner
Smith responded that Lot 2 should remain buildable with the adjustments;
however, staff would have to have more information to calculate the net acreage.
Councilmember Williams expressed concern regarding why Council would act on the
matter without sufficient information. He noted that it appears the remaining
Lot 2 maybe be close to the required acreage; however he did not wish to approve
the subdivision and then have to deal with issues relating to a non-conforming
lot. He commented that he was unsure if Council should take any action prior to
a formal application. Councilmembers Bennett and DeCourcy agreed.
Councilmember Bennett explained that he attended the Planning Commission meeting
because he wished to insure that all the lots remain conforming. He commented
Mr. Mullery had started mowing areas that he believes may be wetlands.
Planner Smith explained that the City Code does provide for a Concept Plan
review process and that Council may comment on a concept plan without any
binding action. She referred to page three of her report that outlines the
conditions attached to a favorable comment on this matter and noted that there
is a condition requiring all lots to be in conformance with existing
requirements. She noted that formal documentation would have to be submitted to
insure there is sufficient are to accommodate septic systems and drainfields on
the parcels.
Mayor Park asked how much of proposed Lot 3 would be buildable. Planner Smith
stated she is unsure if the lot could be further subdivided due to the lack of
net acreage calculations at this time. She noted that Exhibit D shows the
original platting of the property that was not officially recorded and that the
existing Lot 2 was originally planned to be two lots.
Mayor Park asked if Mr. Mullery could change the configuration when submitting a
formal application. Ms. Smith responded yes.
Councilmember Williams noted there are three actions Council could take listed
in the Planner’s report; however, he has concerns with the lot configurations
and the fact that some lots may not contain sufficient acreage.
Councilmember Bennett noted that the City had granted some variances on the
Noble lot and he does not wish to grant any further variances for lots in the
area. He commented that he assumes Lot 3 is a platted lot and asked if the
reconfigured Lot 3 would have to comply with current standards.
Attorney Kuntz stated that once a lot is reconfigured it must comply with
current regulations.
Councilmember Williams asked if Mr. Kampmeyer is aware of the proposal and that
he preferred to hear from Mr. Kampmeyer prior to commenting on the matter. He
suggested tabling the matter to the January meeting.
Planner Smith explained that the matter could be tabled, but that Mr. Mullery
may not provide any further information prior to that meeting.
Councilmember Williams stated he preferred to hear comments from Mr. Kampmeyer
before proceeding with the matter.
Mayor Park asked if Mr. Kampmeyer has seen the plan and the City would be
responsible to contact Mr. Kampmeyer if the matter is tabled. Planner Smith
stated she is unsure if Mr. Kampmeyer has seen the plan.
Councilmember Bennett suggested that staff could send Council comments to Mr.
Mullery. He offered to contact Mr. Kampmeyer to discuss the proposal.
Councilmember Williams commented that he believes there may be more to the plan
than what is shown on the concept plan and therefore he would prefer to table
the matter.
Councilmember MacManus asked why the applicant wishes to do the subdivision.
Planner Smith stated he told her he wished to make the home on Lot 1 conforming
to setback requirements.
Councilmember DeCourcy asked if the City could request Mr. Kampmeyer to attend
the January meeting to discuss the plan. Planner Smith explained that if Council
tables the matter she would send a letter to Mr. Mullery that outlines the
Council concerns and request him to attend the January meeting.
After a brief discussion Council suggested that staff send a letter to Mr.
Mullery requesing more information relating to the plan and advise him that
Council believes it is important for him to attend the January meeting to
discuss the matter.
Councilmember Bennett moved, seconded by Councilmember DeCourcy, to table
discussion of the Mullery Concept Plan to the January meeting and direct staff
to send a letter to Mr. Mullery outlining their concerns and requesting his
attendance at the January meeting to discuss the proposal.
In discussion, Councilmember Williams asked that the letter also request Mr.
Mullery to disclose if there are any additional plans for the larger parcel of
land and that Council wished to know the uses proposed for all the reconfigured
parcels. Councilmembers Bennett and DeCourcy concurred to include the request
as part of the motion.
Mayor Park asked the City Attorney if
Council has the option to table the matter and he responded yes.
Motion carried.
Planner Smith reported that she had received a call from the McFadden residence
at 25 Sunnyside Lane regarding the possibility of installing temporary lighting
for a hockey rink on the lake. She advised the McFadden’s of their option to
apply for an amendment or a text amendment to the current ordinance regulations.
She also encouraged them to be present this evening to discuss the matter and
informed them she would recommend applying for a text amendment.
Councilmember DeCourcy noted there would be other parties impacted by lighting
on the lake and she does not believe Council could approve the request.
Mayor Park commented that she talked to Mrs. McFadden and thanked her for
checking with the City prior to installing the lights.
Ms. Smith stated she told Mrs. McFadden that she was unsure if the City would
approve the request, but she forwarded the application materials to her
residence.
Council thanked the Planner for her report.
7. INSPECTOR’S REPORTS:
a.
City Engineer: Mayor Park
explained that Engineer Hanson was absent due to weather conditions and that
Council had received copies of his report via mail. She stated she would request
he discuss the rain garden information at the January meeting. The Mayor noted
that the Task Force met and expressed concerns relating to the need for erosion
control and improving storm water management. She also noted that Charlton Road
was graded one more time before the snowfall.
b.
Building Inspector:
Inspector Wahl stated he conducted 14 inspections in November and issued 8
permits. He stated that a Certificate of Occupancy was issued to the Chase
residence. He noted that a demolition permit was issued for the Noble property;
however, he was informed they are seeking another contractor and they have not
paid for the permit yet.
Council thanked the Building Inspector for his report.
c.
CITY FORESTER:
Forester Nayes explained that he was absent from the last two Council meetings
and during that time he issued 39 burning permits. He also advised that he
cleaned up garbage along Grieve Glen Lane per request by the City Engineer. He
noted that he picked up several electronic components, including televisions and
computers, along Upper 55th Street and found a purse that he turned
into the West St. Paul Police Department. He thanked Mike Hovey for allowing him
to deposit materials in his dumpster. He stated that all the storm debris
clean-up had also been completed.
Mayor Park distributed a letter sent to the City Forester from Kurt Larson with
information regarding removal of vegetation from his property and asked the
Forester to report on this matter.
Mr. Nayes explained that he had visited the Larson property on three occasions
and found that Mr. Larson had removed a significant number of downed trees and
buckthorn from the property. He stated he asked Mr. Larson to draft a letter to
the City explaining what he had done and his long-range plans for the property.
He noted that it was rumored Mr. Larson was “clear cutting” the property, but he
found only removal of buckthorn, box elder trees and dead materials. He
commented that he also found some dead oak trees that should be removed. He
stated that he found only under growth cutting, not clear cutting, and that he
referred Mr. Larson to a company that supplies mulch with seeding to cover
walkways. He explained that he believes the Larson have the right goal in mind
for the property and were not randomly clearing the land.
Mayor Park asked if Mr. Nayes would make sure that Mr. Larson is aware of
Ordinance 1243.04 which relates to removal of Shoreland Vegetation. Mr. Nayes
stated he discussed the matter with the City Engineer who recommended that Mr.
Larson install a silt fence to protect the shoreline.
Planner Smith noted that Section 1243.04 permits vegetation alteration subject
to review by the City Planner and Forester, although it does not allow extensive
cuttings within 200 ft. of the shoreline.
Mr. Nayes explained that he asked Mr. Larson to forward the letter in order to
show the City his long-range plan for the property; he commented that Mr. Larson
wishes the property to resemble the Bancroft property in the future. He also
noted that the bobcat used on the property was environmentally friendly and had
tracks versus wheels. He commented that he realizes the removal of the
vegetation is a dramatic change to the property.
Inspector Wahl stated he visited the property and agreed that the bobcat used
had claws versus wheels; he commented that Mr. Larson had done a good job in
attempting to clean-up the site.
Ann Barkelew-O’Hagan questioned what will happen on the property if it rains.
She explained that when she first purchased her property and removed some box
elder trees the Planning Commission contacted her and she was required to
replant the area. She questioned if there is a double-standard for property
owners.
Forester Nayes stated he had discussed replanting with Mr. Larson in the
forested area and he suggested types of plant materials that would do well in
the area.
Mayor Park asked if the ordinance outlines a certain time-frame for replanting
after removal of vegetation. Planner Smith responded no.
Mr. Nayes explained that in the spring there would be dense growth of some
materials in the wooded area since it naturally takes care of itself; he
commented that is why he suggested mulch with seeding.
Councilmember Williams agreed that residents need to get rid of buckthorn and
that such removal may become an issue in the future; he suggested it may be
appropriate for the City to discuss long-term plans for replanting when large
areas are cut due to diseased trees or noxious materials. He commented that
since he removed the buckthorn he has seen wildflowers appear on his property.
Mr. Nayes stated that he removed noxious materials from his property and planted
under story trees and added mulch; he agreed it would be appropriate to
designate a percentage of replanting when a large amount of plantings are
removed from properties. He commented that he does not believe buckthorn will
ever be totally eliminated.
Mayor Park explained that some plant materials on the lakeshore may look nice
from a distance but noxious materials should be removed; she agreed that removal
of large amounts of plant materials will change the appearance of the shoreline
dramatically. She suggested Council discuss establishing a restoration program
and a time frame for replanting.
Councilmember Williams agreed and again noted that large amounts of buckthorn
will have to be removed from properties in the future.
Ann Barkelew-O’Hagan commented that she does not wish to see open areas around
Sunfish Lake similar to Lake Minnetonka and that residents value their privacy.
She expressed concern that if everyone starts to remove noxious materials the
shoreline will lose its privacy and the lake residents have an obligation to
protect their privacy.
Mayor Park indicated that Council would discuss with staff how to proceed with
amending the regulations.
Councilmember DeCourcy asked if the Larson’s have finished cutting and Mr. Nayes
responded that he assumes so due to the weather.
Ann Barkelew-O’Hagan stated she has seen them cut every weekend.
Councilmember Williams asked the Planner if the provisions in the ordinance
discuss what areas maybe cut along the lake property.
Planner Smith explained that cutting may be done to provide a view to the lake
from the property and access to permitted accessory structures on the lake.
Mayor Park asked the City Attorney if it would be appropriate or have any legal
repercussions if changes are made to the regulations prior to next year and if
the lake residents, including the Larson’s would have to comply with the new
regulations.
Mr. Kuntz explained that there would be no legal repercussions by adopting new
regulations and that all lake residents would have to comply with any new
requirements in the future.
Mayor Park suggested that Council discuss the matter further early next year.
Councilmember Williams also suggested Council review the need for removal of
noxious weeks and determine some type of comprehensive maintenance regulations.
Jim O’Hagan stated he was told it is illegal to cut a road to the lake. Ann
Barkelew-O’Hagan wife explained that they had installed a trail to accommodate
access for her mother and they were required to remove the trail and plant trees
in the cleared area.
Planner Smith explained that the ordinance allows stairways, lifts and landings
to the lake and limited clearings to allow for access paths; she also noted that
the resident must maintain screening of the pathways. She advised that removal
of dead and diseased trees is exempt from the provisions.
Mayor Park noted that work needs to be done on the ordinance provisions. She
commented that at the lake owners association meeting there was discussion
relating to non-residents fishing on the lake and she found that no written
permission was needed from property owners for non-residents to fish, only
verbal permission.
Councilmember DeCourcy stated she wished to be assured that Mr. Larson will not
be doing any further cutting or removal of trees from the property. Mr. Nayes
stated he would contact Mr. Larson, although he noted the ground is now frozen.
Councilmember Williams reiterated that there should be discussion and provisions
relating to the removal of noxious materials and some threshold and timeline for
restoration and also how to manage shoreline sightlines from the lake. He noted
that the City has a standard tree ordinance that regulates which trees can be
removed and replacement of trees. He stated that the matter should be discussed
in the first part of the year in order to give residents fair notice before the
trimming season.
Councilmember Bennett indicated that it may be the responsibility of the lake
owners association to come up with a solution and that it would be appropriate
to move on with the agenda at this time and discuss the matter early next year.
Council concurred.
d. PUBLIC SAFETY: Mayor Park
distributed the Public Safety monthly report for November, 2007.
Lt. Brian Sturgeon reviewed the
report and asked that in the future the Forester contact the Police Department
when large electronic components are found since because it will assist the
Police Department in tracking dumping patterns or stolen property. He offered to
respond to questions.
Council thanked the Lieutenant for his report.
8. OTHER BUSINESS:
Ann Barkelew-O’Hagan explained that Council had adopted the Red Cross “Get
Ready” program earlier this year in order to inform residents how to handle
emergency or disaster situations. She reported that the American Red Cross
wished to provide classes for residents of Sunfish Lake regarding what to do for
emergency preparedness for disasters or pandemics and protecting seniors from
falls; she stated the classes would be free of charge and held at St. Anne’s
Church. She also reported that for a minimal fee the Red Cross would also offer
CPR and First Aid classes for residents and that information regarding the
classes is currently in a kiosk at the church. She stated she is happy to serve
as the Sunfish Lake representative for the program.
Mayor Park thanked Ann for the information and her service. Mayor Park explained
that she Co-Chairs the Pandemic Flu and Terrorism Committee in the Dakota County
HiPP Partnership and she hopes to collaborate with Ann to provide information to
residents on both issues in the future.
a. Resolution Adopting the Tax Levy for Collection in 2008: Mayor
Park asked the Treasurer to present the Tax Levy resolution.
Treasurer Blair reviewed the proposed resolution and stated that a public
hearing for Truth in Taxation was not required since the City did not exceed the
percentage increase from last year’s budget. He offered to respond to
questions.
Councilmember DeCourcy moved, seconded by Councilmember Williams, to adopt
Resolution No. 2007-14 titled, RESOLUTION ADOPTING THE TAX LEVY FOR COLLECTION
IN 2008. Motion Carried.
b. Resolution Adopting the General Fund Operating Budget for 2008:
Mayor Park asked the Treasurer to present the 2008 Budget resolution.
Mr. Blair explained that the budget had not changed from previous discussions
and recommended approval of the budget as presented.
Mayor Park asked the amount that would replenish the reserve fund in 2008. Mr.
Blair responded that there would be $28,000 in the reserve funds in 2008.
Councilmember Williams moved, seconded by Councilmember Bennett, to adopt
Resolution No. 2007-15 titled, RESOLUTION ADOPTING THE GENERAL FUND OPERATING
BUDGET FOR 2008. Motion carried.
Council thanked Treasurer Blair for his report.
c. Resolution Setting Dates for 2008 Council Meetings: Attorney
Kuntz explained that there were a few changes in the meeting dates for 2008;
January 1 is a holiday and the meeting was changed to the 8th, the
February meeting was changed to February 12 due to the date of the precinct
caucuses, and the November 4 meeting time was delayed to 8:00 p.m. due to the
election.
Mayor Park explained that she would be unable to attend the January meeting on
the 8th. Councilmembers Williams and DeCourcy stated they would also be
out-of-town.
After discussion, Council concurred to change the January meeting date to the
January 15.
Councilmember Bennett moved, seconded by Councilmember MacManus, to adopt
Resolution No. 2007-16 titled, RESOLUTION SETTING THE DATES OF THE REGULAR CITY
COUNCIL MEETINGS FOR THE YEAR 2008, with changes as follows: January 15,
February 12 and November 4 beginning at 8:00 p.m. Motion carried.
Inspector Wahl explained that he normally receives his payment in January
and has to report to the IRS prior to January 15th.
Mayor Park asked the City Attorney if it would be appropriate to approve the pay
at this time. Attorney Kuntz suggested that Council authorize the Mayor and
Treasurer to issue the check to the Mr. Wahl prior to January 15.
Councilmember Williams moved, seconded by Councilmember DeCourcy, to authorize
the Mayor and Treasurer to issue a paycheck to the Building Inspector prior to
January 15, 2008. Motion carried.
d. Discussion of Proposed Parking Regulations Ordinance: Mayor Park
asked the City Attorney and Lt. Sturgeon to comment on the proposed parking
regulations.
Lt. Sturgeon reported that the Chief and City Attorney had drafted the proposed
parking regulations similar to the City of West St. Paul’s regulations. He noted
that the Police Department would be responsible for posting parking signs
limiting parking to one side of the street during special events to allow for
emergency vehicle access. He explained that the penalty would be a misdemeanor
and would include a fine and possible towing of the vehicle.
There was discussion regarding whether or not the penalty should be a
misdemeanor or petty misdemeanor
Attorney Kuntz explained the purpose this evening is to introduce the staff
recommendation; he suggested the matter could be discussed again in February by
Council and a determination regarding the penalty made at that time.
Council agreed to continue discussion until next year due to the weather
conditions.
The Mayor asked if there was any further business and there was no response.
9. ADJOURN: Councilmember Bennett
moved for adjournment at 8:55 p.m., seconded by Councilmember Williams and
carried.
Molly Park, Mayor
Catherine Iago, City Clerk
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