SUNFISH LAKE CITY COUNCIL MEETING – APRIL 3, 2012
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Richard Williams
Councilmembers: Judy MacManus, Paul Burke, Roger Conant and Mike Hovey.
City Attorney: Tim Kuntz
City Planner: Alan Brixius
City Engineer: Don Sterna
City Treasurer: Mike Blair
City Forester: Jim Nayes
City Clerk: Cathy Iago
and Members of the General Public.
Building Inspector David Neameyer was absent.
1. CALL TO ORDER: Mayor Williams opened the meeting at 7:00 p.m. and requested a moment of silence in remembrance of resident Katherine Roe.
2. APPROVE AGENDA: Mayor Williams asked if there were any additions or corrections to the agenda. The Mayor added two items to the agenda for discussion purposes under New/Other Business: 1) Report on discussions with Xcel Energy regarding tree trimming; and, 2) Withdraw request to Land Trust for parking at Musser Park.
Councilmember Hovey moved approval of the Agenda as amended, seconded by Councilmember MacManus and carried. (5-0)
3. CONSENT AGENDA: The Mayor asked if there were any questions or comments relating to any items on the Consent Agenda.
Councilmember Conant stated he asked the Clerk to make a minor correction on page 7 of the minutes that does not alter the content. He also noted that there was a memorandum from the Septic Inspector to the Building Inspector relating to monitoring water usage for a residential septic system; he asked who would be monitoring the usage.
Mayor Williams suggested that this question be raised during the Building Inspector’s report.
Councilmember Conant commented that he read the Summary of the Financial Statements that were published in the official newspaper and it references that the documents are on file at the Church of St. Anne’s for viewing by the public. He questioned if this is in fact true and suggested that it may be more appropriate to change this wording in the future so that the church staff does not have to deal with requests for this information.
Treasurer Blair explained that he inherited the summary document and its wording; he suggested that it could be changed to say the information is available on the City website.
Clerk Iago suggested that the wording be changed to state the documents are on file with the City Treasurer for inspection.
Councilmember Conant pointed out that he, the Mayor and Treasurer Blair had made changes to the financial Balance Sheet to reflect more traditional accounting practices. He indicated that the total assets now equal the total liabilities and that the column headings more accurately reflect the data provided.
Mayor Williams explained that the changes grew out of discussions with the State Auditor’s office and that the group had figured out a method to make the totals balance on the document.
Councilmember Conant stated that thanks to the diligence of the Treasurer, the financials are easier to comprehend and that the City should be proud that the statements now reconcile internally.
Mayor Williams explained to those present that there are some recurring monthly bills, such as PERA retirement contributions, salaries and tax remittances, contained in the list of bills for which there are no monthly invoices.
Mayor Williams asked if there were any further comments and there was no response.
Councilmember Hovey moved approval of the Consent Agenda, seconded by Councilmember Burke and carried. (5-0)
a. Regular Council meeting minutes of March 6, 2012.
b. List of Bills
c. Monthly Financials
4. COMMENTS FROM THE PUBLIC: Mayor Williams asked if there were any comments from the public.
Dick Bancroft asked when the stop sign on Windy Hill Road/Court would be replaced; he noted it had been down all winter and that the sign was lying on the ground at that location.
Mayor Williams asked the City Engineer to address this item.
Engineer Sterna stated he would stop by that location to view the condition of the sign and then make arrangements to either reinstall it or order a replacement for installation.
Peter Molinaro, 2511 Angell Road, asked if deer hunting would be discussed this evening.
Mayor Williams responded no and explained that this had been discussed at the last meeting. He noted that due to the large deer count, the City determined a deer hunt would occur this year, but had not yet determined the full scope of the hunt.
Mr. Molinaro stated he read the minutes on the website and thought the matter had been decided.
The Mayor indicated that the Council determined a hunt would occur, but had not finalized the issue of citizen participation.
Councilmember Burke noted that the Council authorized six weekends for hunting on public land, but had not determined if hunting would occur on private land.
Mr. Molinaro stated he supports hunting to cull the herd, but pointed out that Harmon Park is not a very large public area and it is only 70 yards from the street. He explained that his property is adjacent to the park and he has concerns about who will be hunting because his children play in the yard.
Mayor Williams agreed that his concerns are legitimate and explained that Officer Muellner reviews the area to determine if hunting is viable; he also noted that the dates for the hunt are posted and also that hunters use caution and are required to use deer stands for the event.
Mr. Molinaro agreed that the hunters are cautious or they most likely would have taken more deer.
The Mayor thanked Mr. Molinaro for his input.
Councilmember Conant suggested Mr. Molinaro continue to check the agendas on the City website for information for further discussion of this matter by Council.
The Mayor asked if there were any further comments and there was no response.
5. PUBLIC HEARING: a. Review the City’s Storm Water Pollution Prevention Program Plan (SWPPP) and the National Pollution Discharge Elimination System (NPDES): Mayor Williams opened the public hearing for the purpose of reviewing the City’s Storm Water Pollution Prevention Program Plan (SWPPP) and the National Pollution Discharge Elimination System (NPDES).
Engineer Sterna introduced Jesse Carlson and he distributed information relating to the Phase II National Pollutant Discharge Elimination System (NPDES) Permit.
Mr. Carlson stated that the permit must be renewed annually and that City is required to conduct an annual public hearing to educate the public on the permit requirements and to receive comments. He advised that the City is also required to have Best Management Practices and he reviewed the six minimum control measures undertaken annually; 1) public education and outreach, 2) public participation and involvement, 3) illicit discharge detection and elimination, 4) construction site storm water runoff control, 5) post-construction storm water management, and 6) pollution prevention and good housekeeping for municipal operations.
Mr. Carlson explained that the City fulfilled the 2010 permit requirements and will continue to operate under that permit until the Minnesota Pollution Control Agency (MPCA) has completed its review of the current requirements and determined if any new requirements are necessary. He stated that a stakeholders meeting was held last week and over 200 comments were received from cities in attendance. He advised that although Sunfish Lake does not meet minimum pollution requirements to be a Municipal Separate Storm Sewer System City, the MPCA requires all metropolitan cities to be permitted and to conduct an annual public hearing. He noted that the permit regulates storm water drainage from culverts that flow into wetlands and there are a few in Sunfish Lake.
Mr. Carlson explained that the City would conduct the public hearing and respond to any comments received this evening; he stated that the annual report would then be finalized and submitted to the MPCA.
Mr. Carlson explained that the City would continue the 2010 MS4 Permit objectives; expand public outreach and storm water related programming through the Environmental Commission; post storm water related articles on the City’s website and in the Sunfish Lake Quarterly and conduct the Arbor Day clean-up activities. He noted that in 2011 there were no construction sites greater than 1-acre and that some outfall and pond inspections on smaller areas were conducted during the year. He noted that the MS4 Pond Inventory was submitted to the MPCA.
Mr. Carlson stated that the City would be updating the Storm Water Pollution Prevention Program and that once the document was completed; a study meeting with Council could be scheduled to discuss the updated plan. He briefly reviewed some cost share practices relating to water quality; rain gardens, storm water irrigation systems and soil ripping.
Mr. Carlson briefly reviewed information on the Total Maximum Discharge Loads (TMDLs) that are part of the permitting process. He indicated that the MPCA is considering imposing a 25% reduction in the bacteria levels that are discharged into the river. He advised that the City is located in both the Upper Mississippi and South Metro Mississippi River discharge areas and stated he would be attending a meeting on April 19 to receive more information on this matter.
Forester Nayes asked what the colors on the TMDL map represented and Mr. Carlson responded that they outlined the drainage areas.
Dick Bancroft asked Mr. Carlson to explain “outfall”. Mr. Carlson advised that it is discharge into a wetland or lake from one city to another.
Attorney Kuntz asked if the drainage areas for the City that are identified on the TMDLs map are the districts on file with the Lower Mississippi Watershed District. Mr. Carlson stated they should be the same and that he would check to confirm this and report back to Council.
Mr. Bancroft explained that adjacent properties discharge storm water onto his property; he questioned who he would report to regarding this matter. He discussed problems that occurred when the Maken’s home was built and a treatment pond was installed on their property.
Engineer Sterna explained that the Maken’s preferred to have water in the treatment pond at all times and therefore, when it rained, the excess water flowed onto Mr. Bancroft’s property. He indicated that there would also be drainage from swimming pools in this area.
Mr. Carlson pointed out that storm water drainage is not a pollutant and that persons are allowed to discharge water from swimming pools, but it needs to settle to dissipate the chlorine. He offered to provide educational materials for residents relating to draining swimming pools. He suggested placing this information on the City website and referring questions to him as the contact person.
There was a brief discussion regarding the outlet valve for Sunfish Lake; Engineer Sterna stated he was aware of the outlet pipe and valve and offered to check the pipe.
Attorney Kuntz asked if the ponds owned by MnDOT are monitored by MnDOT.
Mr. Carlson replied that normally they are monitored by MnDOT; however, sometimes MnDOT assigns responsibility for monitoring these ponds to the community. He offered to check into this matter.
Mr. Carlson offered to respond to questions.
Mayor Williams asked if there were any comments from the public and there was no response.
The Mayor closed the public hearing at 8:00 p.m. and thanked Mr. Carlson and Engineer Sterna for the presentation.
Mr. Carlson stated he would process the information received this evening, begin an assessment to identify any gaps in the current SWPPP document in order to update it, and present the information to Council in July.
Councilmember Conant asked if the Council would be sent a copy of the draft document; he noted that Council discovered several errors in the document when it was last presented and he would prefer to review the draft.
Mayor Williams questioned if the SWPPP document is a standardized format used for all communities regardless of their size. Engineer Sterna responded yes and stated that a draft could be sent to Council for review.
Council thanked the Engineer for his presentation.
6. PLANNING COMMISSION/PLANNER’S REPORT: a. Planning Report: Planner Brixius referred Council to his report dated March 28, 2012. He advised that no development applications were received in March and therefore the April Planning Commission meeting was cancelled. He explained that his firm had responded to a number of development inquiries on the properties listed in his report. He advised that he had discussions relating to the property at 345 Salem Church Road regarding taking down the existing home and rebuilding on the property. He stated that he reviewed information he provided to the person with the Planning Commission to verify what would be allowed on this parcel.
The Planner noted that he received inquiries relating to 2078 Charlton Road and questioned if anyone knew how to contact the property owner, since no one resides at this location.
Councilmember Hovey pointed out that the former residents do pick up mail at that location and suggested a letter be sent by the prospective applicant to that address.
Planner Brixius advised that the Planning Commission had finalized the Frequently Asked Questions (FAQ’s) and that he worked with Councilmember Hovey to place this information on the City website; he thanked Councilmember Hovey for his assistance.
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b. Consider Adoption of Ordinance Amendment to Sunfish Lake City Code, Section 805, City Public Streets, Easements, or Rights-of-Way, Open Space, Parks and Trails: Planner Brixius advised that Attorney Kuntz had drafted the proposed ordinance amendment relating to regulations for public streets, easements, rights-of-way, open space, parks and trails. He stated a public hearing on the proposed park and open space regulations ordinance was conducted at the Planning Commission meeting and the Commission recommended approval of the proposed ordinance as presented this evening. He stated that the City Attorney’s recommendations were incorporated into the document and referred Council to his report dated March 14, 2012 which outlines the changes as recommended by the Commission and Council.
The Planner explained that if Council finds the proposed ordinance to be acceptable, they should make a motion to adopt the ordinance as presented.
Mayor Williams asked if there were any comments or questions and there was no response
Councilmember Hovey moved to adopt Ordinance No. 2012-02 titled, AN ORDINANCE CREATING CHAPTER 805 OF THE SUNFISH LAKE CITY CODE TITLED CITY PUBLIC STREET EASEMENTS OR RIGHTS-OF-WAY, OPEN SPACE, PARKS AND TRAILS, seconded by Councilmember Burke.
In discussion Councilmember Conant asked if deer hunting is allowed. The Planner referred Council to the subdivision which allows the City to authorize deer hunting in the parks and open space.
Councilmember MacManus commented that it appears staff covered everything relating to parks and open space.
Mayor Williams commended staff for their work on the document. He asked if there were any further comments or questions and there was no response. He called the question.
Motion carried. (5-0)
Council thanked the Planner for his report.
7. INSPECTOR’S REPORTS:
a. Building Inspector: Mayor Williams advised that Building Inspector David Neameyer was unable to attend the meeting this evening and presented the inspection report.
- City Engineer: Load Limit Signs: Engineer Sterna advised that he purchased two signs and delivered them to the City Forester for next year’s posting.
CIP Update: The Engineer explained that the CIP was reviewed and discussed by Council at the study meeting held earlier this evening. He advised that Council discussed a few items that should be addressed prior to June so that a comprehensive evaluation of the City’s infrastructure could be accomplished. He indicated that staff would request a directive to conduct a pavement and culvert inspection to incorporate this information into the CIP document. He advised that a draft of the document would be prepared in June for adoption by Council in July and the document could then be used as a guide to prepare the engineering budget for the upcoming year.
SWPPP Public Hearing: The Engineer advised that the public hearing was completed earlier this evening and that a report will be presented to Council in June.
Sunfish Lake Water Quality Memorandum: Engineer Sterna stated he would prepare a memorandum addressing options to lower phosphorous levels in Sunfish Lake for the Lake Association.
Public Works Activities Undertaken in the Month of March: Guard Rail Repair Estimate: The Engineer stated that he discussed needed repairs to the guard rail along Charlton Road with a contractor that had repaired it in the past. He stated that the quote to repair the guard rail was between $500 to $800 and asked that Council authorize expenditure of up to $800 for the repairs.
Councilmember Conant moved to authorize an expenditure of up to $800 to repair the guard rail on Charlton Road, seconded by Councilmember Hovey and carried (5-0)
Spring Weight Road Restrictions: The Engineer advised that with the early spring and relatively dry weather, the spring load restrictions should be lifted by April 5.
Anticipated Engineer/Public Works Activities’ for the Month of April:
- Crack Seal Quotes: The Engineer stated he would request three (3) quotes for the crack seal project in
April and that the quotes would be presented for Council review at the May meeting.
- Street Sweeping: The Engineer stated the streets are scheduled for sweeping the week of April 2, depending
on weather conditions.
Councilmember Hovey asked when Charlton Road would next be graded. The Engineer stated this could be done within the next two weeks; he advised that he would get estimates from Pine Bend and that the funds are allocated in the budget for this purpose.
Councilmember Hovey noted that residents had expressed concern regarding the plowing of the north end of Charlton Road this past winter; he asked that the Engineer request the contractor to plow to the edges of the road in the future for better access.
The Engineer stated he had brought up this issue with the contractor and would do so again next year.
Council thanked the Engineer for his report.
- CITY FORESTER: Forester Nayes stated he issued three (3) burning permits in March and that much of the state is under a burning ban due to dryness and lack of snow. He advised that wood ticks are out and residents should be aware of this since Lyme disease is an issue. He explained that the weight limit signs had been removed and stored in his garage.
The Forester reported on a meeting with the Mayor and representatives from Xcel Energy relating to power line pruning and removals. He advised that in most cases Xcel and residents have come to mutual understandings.
The Mayor reported that there is a great deal of variation for these projects and that he would be writing an article for the City newsletter regarding this issue; he stated that Xcel and Wright’s Tree Service, the tree contractor for this project, were very cooperative. He noted that he would provide information on contact persons to assist with planting choices and locations for planting along property lines. He noted that he also discussed lakeshore overlay and ground cover that would prevent erosion near the lakes.
Councilmember MacManus pointed out that there was a substantial amount of trimming on a tree located on the Paster property; she asked if Xcel trimmed this tree.
Councilmember Hovey indicated that it may have been done by the property owner, not Xcel.
The Forester stated he wrote an article for the newsletter, coordinated Arbor Day activities and prepared the Arbor Day flyer with a list of trees that may be pre-ordered. He completed a cleanup of broken branches along City streets that were due to the February snowstorm and attended a training session sponsored by the Minnesota Department of Agriculture and the DNR regarding the latest information on EAB and other invasive species.
Lynette Olson asked if the flowers planting along Charlton Road would come up again this spring. The Forester stated they should bloom again.
Councilmember Conant asked if the EAB has slowed in this area. The Forester stated it is his opinion the EAB has speed up; however; Minnesota has been pro-active in staying ahead of the disease.
Council thanked the Forester for his report.
- PUBLIC SAFETY: Chief Shaver reviewed the public safety report and pointed out that the spike in alarm calls may be due to the windy weather the past month. He suggested that residents should keep the alarm system activated when they are home to deter intruders from entering the premises. He explained that the Severe Weather Week begins April 16th and noted that a Tornado drill is scheduled; he suggested that residents purchase a weather radio, since Sunfish Lake does not have an outdoor warning system. He offered to prepare an article on this issue for the City website.
Councilmember Conant advised that his neighbor observed a motorized boat on Sunfish Lake and questioned who to call to report this incident. Chief Shaver stated that residents should call 911 to receive the fastest response.
Council thanked the Chief for his report.
8. NEW/OTHER BUSINESS:
a. Consider Approval of 2012-2017 Capital Improvement Plan (CIP): Engineer Sterna explained that Council had discussed the proposed 2012-2017 Capital Improvement Plan (CIP) at the special study meeting earlier this evening. He explained that he would incorporate changes from discussion at the special meeting and present the document for approval at a future meeting.
The Engineer advised that he is requesting authorization for $2,400 for pavement management inspection, $1,500 for an inventory of culverts and $4,500 to research and prepare a map showing existing and proposed City easements.
Councilmember Hovey moved to authorize the expenditure of $2,400 for pavement management inspection, $1,500 for an inventory of culverts and $4,500 to research and prepare a map showing existing and proposed City easements, seconded by Councilmember Burke.
In discussion, Councilmember Conant pointed out that the cost estimates for these items, especially the easements, appear to be high; he asked the Engineer what the hourly rates would be for these projects.
Engineer Sterna explained the rates would vary at approximately $85 to $100 per hour, depending on staff utilized. He noted that researching the easements may be time consuming.
Councilmember Burke commented that the costs were included in the budget. The Engineer responded that the costs are shown in the CIP portion of the budget; he explained that they are recurring costs and staff would be catching up at this time. He advised that concurrently it would be easier to perform the tasks.
Mayor Williams asked if there were any further questions and hearing no response, he called the question.
Motion carried. (5-0)
b. Other Business: Parking at Musser Park: Mayor Williams explained that the City Attorney was contacted by the Land Trust regarding the City’s request for parking at Musser Park. He advised that the Land Trust indicated they would have to receive permission from the heirs of the property prior to approving a request for parking spaces at the park. He stated that in previous discussions, Council did not appear to support a parking lot area in the park, and leaned more toward parking along the right-of-way. He explained that he checked with the City Forester who agreed that parking in the right-of-way would work for maintenance purposes. He suggested that the City withdraw the request at this time to allow the Land Trust to finalize this matter.
Council concurred with the Mayor’s suggestion.
Councilmember Conant moved to authorize the City Attorney to draft a letter to the Land Trust on behalf of the City withdrawing the request for a public parking area in Musser Park, seconded by Councilmember Hovey and carried. (5-0)
The Mayor asked if there was any further business and there was no response.
9. ADJOURN: Councilmember Hovey moved for adjournment at 8:45 p.m., seconded by Councilmember MacManus and carried. (5-0)
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Richard A. Williams, Jr., Mayor Catherine Iago, City Clerk
We are a small community proud of our heritage and committed to the preservation of our pristine, rural character. We cherish our privacy, yet know we are part of a thriving Dakota County and the greater Twin Cities metropolitan area. With these partnerships in mind, we strive to preserve that unique spirit which is Sunfish Lake, Minnesota.