SUNFISH LAKE CITY COUNCIL MEETING – AUGUST 3, 2010
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Molly Park
Councilmembers: Judy MacManus and Roger Conant.
City Attorney: Tim Kuntz
City Building Official: Russ Wahl
City Forester: Jim Nayes
City Engineer: Tim Hanson
City Treasurer: Mike Blair
City Clerk: Cathy Iago
Police Chief Manila Shaver
and Members of the General Public.
Councilmember Williams and Planner Smith and were absent. Councilmember DeCourcy arrived at 7:10 p.m.
1. CALL TO ORDER: Mayor Molly Park opened the meeting at 7:00 p.m.
2. APPROVE AGENDA: Mayor Park stated she wished to remove Item 8.e. Council Compensation until the full Council was present for discussion. Councilmember Conant stated he wished to have a brief discussion on this matter due to the time-frame for its adoption; Mayor Park concurred to leave the item on the agenda.
The Mayor asked if there were any further additions or corrections to the agenda and there was no response.
Councilmember MacManus moved approval of the Agenda, seconded by Councilmember Conant and carried. (3-0)
3. CONSENT AGENDA: Mayor Park asked if there were any other questions or comments relating to any items on the Consent Agenda.
Councilmember Conant stated he wished to have clarification regarding his question on whether or not the City Clerk is paid separately for election judge duties or if it is part of her normal salary.
Clerk Iago explained that the election duties are part of her normal monthly salary.
Councilmember Conant asked if the septic inspection had been completed at 32 Upper 55th Street. Inspector Wahl responded that the inspection was completed and he would address the matter in his report.
Councilmember Conant questioned the increased City Forester expenses. Treasurer Blair explained the charges included the purchase of trees for the Arbor Day celebration by residents and indicated he could provide a separate accounting for that portion. The charges for City Services was also higher reflecting payments for the trees
Councilmember Conant stated he was surprised to find the expenses were over budget. Treasurer Blair explained he does not budget for Arbor Day sale of trees to citizens
Councilmember Conant questioned the delinquent property taxes. Treasurer Blair explained that the report is only received once per year in December and that the delinquency is merely a classification for taxes received after the due date.
Councilmember Conant asked if the City will recapture the taxes at some point in time. The Treasurer responded yes.
The Mayor asked if there were further comments or questions and there was no response.
Councilmember Conant moved approval of the Consent Agenda, seconded by Councilmember MacManus and carried. (4-0)
a. Regular Council meeting minutes of July 6, 2010.
b. List of Bills
c. Monthly Financials
4. COMMENTS FROM THE PUBLIC: Henry Hovey asked when the City plans to remove the brush from the ditch along Charlton Road. Forester Nayes stated the mowing is scheduled for this week.
Holly Hammett-Divine stated that residents along Charlton Road near her residence are keeping the ditches clean.
Councilmember DeCourcy commended Forester Nayes for an excellent job clearing vegetation on Angell Road.
5. PUBLIC HEARING/PRESENTATION: None.
6. PLANNING COMMISSION/PLANNER’S REPORT: Mayor Park advised that Planner Smith is on vacation and asked the City Clerk to present the proposed Sign Ordinance Amendment report.
Clerk Iago reviewed the Planner’s report dated July 29, 2010 and explained that the proposed new ordinance includes a list of definitions and more thoroughly outlines which types of signs are allowed in the City. She further explained the new ordinance limits the types and numbers of signs allowed in residential and institutional districts and prohibits some signs that are currently allowed; such as signs advertising construction work being performed on a site and directional signs in residential areas. She explained that temporary signs would now be required to be approved by staff and subject to a time period for display and real estates signs would have to be removed within three days of the closing on a property.
The Clerk advised that the Planning Commission held a public hearing on the proposed new ordinance and there were no audience members present at the hearing. The Commission voted unanimously to recommend Council adopt the ordinance as presented this evening.
Councilmember Conant asked if the were any changes to the ordinance since Council reviewed it previously and Clerk Iago responded no.
Planning Commissioner Wahlstrom was present and explained that Commission had included language to “tighten up” the sign regulations.
Mayor Park asked if there were any further comments or questions and there was no response.
Councilmember Conant moved to adopt Ordinance No. 2010-01 titled, AN ORDINANCE AMENDING THE SUNFISH LAKE ZONING ORDINANCE RELATING TO THE REGULATION OF SIGNS, seconded by Councilmember DeCourcy and carried. (4-0)
7. INSPECTOR’S REPORTS:
a. Building Inspector: Inspector Wahl stated he conducted one (1) inspection and issued one (1) building permit in July. He stated that he reviewed the septic system at 32 Upper 55th Street after the August meeting and found it to be sufficient and working property with no leaching.
Council thanked the Inspector for his report.
b. City Engineer: Salem Church Road Reconstruction: Engineer Hanson stated he has nothing to report on the project.
Musser Park: The Engineer explained that staff has not received a response from Minnesota Land Trust regarding the request to construct a parking lot in Musser Park.
No Parking Sign – Acorn Drive Turnaround: Engineer Hanson advised that a “No Parking Sign” has been installed at the west end of 60th Street (Pieper Road) within the turnaround area. Inver Grove Heights approved the installation of a sign at this location provided Sunfish Lake is responsible for maintenance. He referred Council to the resolution adopted by the Inver Grove Heights City Council that restricts parking at this location.
Shoulder Repairs: The Engineer stated a construction plan to repair shoulder of bituminous streets has been initiated. He explained that he will obtain quotes from local contractors to complete this work in September.
Address along Salem Church Road: Engineer Hanson stated he was contacted by Gayle Holmes regarding addressing along the private driveway that serves her parcel and two other parcels. He stated that the Holmes parcel has a Salem Church Road address and the other parcel has a Horseshoe Lane address; he noted this has caused confusion for emergency vehicles attempting to locate the Holmes parcel. Staff is researching the history of the addresses and what addresses, if any, were assigned to the parcels. He advised that City records do not indicate any changes and staff has contacted Dakota County to research this matter.
Councilmember DeCourcy asked when the speed hump would be placed on Angell Road. Engineer Hanson explained it would be done in approximately one week.
Mayor Park asked if Council action is necessary on the placement of the speed hump. Attorney Kuntz suggested Council authorize the installation by motion.
Mayor Park questioned if funds are available for the installation and the Engineer explained it could be funded under road maintenance.
Councilmember Conant questioned the cost to place the device on Angell Road. Engineer Hanson advised it would cost between $500 and $1,000 to install the device.
Mayor Park asked if placement of the device is temporary and also how long it would remain on the road. Engineer Hanson explained he does not believe the device stays in place through the winter months because of plowing and therefore it should be removed in late October.
Councilmember Conant commented that with an annual cost of up to $1,000 it maybe more economical to install a permanent device rather than a temporary one for only two months.
Councilmember DeCourcy stated that the device is necessary along the road due to speeders.
Mayor Park noted that the City has not had a speed analysis on the road and in her opinion the placement near the end of the road may not be warranted.
Councilmember DeCourcy explained that the residents living in that area have expressed a need for the device to slow down traffic.
Councilmember MacManus commented that the device should have been placed on the road earlier in the year due to the cost. Councilmember DeCourcy agreed.
Councilmember Conant suggested that staff review the cost for a permanent installation of the device and the possibility of a cost sharing between the City and residents along the road.
Mayor Park agreed that a cost analysis is warranted and indicated that an educational component for residents in the area may also be helpful to slow traffic.
Councilmember DeCourcy commented that in her opinion the placement on the first speed hump on the road is inappropriate and does not slow traffic in the area after the stop sign. Engineer Hanson explained the rationale for placing the speed hump in that area is to slow the most traffic as it exits from Highway 110; she commented that it is beneficial for those living on that portion of the road.
After a brief discussion, Council concurred to direct the City Engineer to develop a cost estimate for installation of a permanent speed hump along Angell Road in the area as requested by Councilmember DeCourcy versus placement of the temporary speed hump on an annual basis.
Engineer Hanson suggested he could draft a letter to residents in the area soliciting their input regarding whether or not the speed hump is warranted. .
Council concurred and directed the Engineer to request written responses from residents and that he also advise them there some cost maybe incurred by residents if a permanent device is installed.
Councilmember MacManus questioned if it is the residents speeding on the road. Councilmember DeCourcy commented that she is unsure; she speculated that it is most likely workers or visitors.
Public Works Activates Undertaken in the Month of July: Charlton Road Maintenance: The Engineer stated that Charlton Road was bladed and aggregate placed to build up the crown of the street at the 90-degree bend of the street. He explained the edge of the road was eroding as runoff was flowing along the edge rather than off the street.
Anticipated Engineer Activities for the month of August: Obtain quotes for shoulder repairs and re-grading roadside swales on City streets
Council thanked the Engineer for his report.
- CITY FORESTER: Forester Nayes reported he issued one (1) Burning Permit in July and worked to cut and remove Burdock in Harmon Park. He explained that he would be traveling to Hastings this week to pick up insects called Seed Weevils; he stated the insects help control Spotted Knapweed.
The Forester explained that the Emerald Ash Borer has not been found in the City. He stated he has found some Oak Wilt and noticed Purple Loose Strife in Sunfish Lake.
Councilmember Conant asked if residents should pull out the weeds along the lake. The Forester responded yes and cautioned residents to pull the root of the Loose Strife from the bottom to insure the root is taken or to use Round-Up chemicals to kill the weed. He noted it is much easier to control if it is removed early.
Forester Nayes advised he has also found some Dutch Elm Disease in the City and explained this is normal. He advised he would be mowing the edges of roadways and Musser Park this week.
Councilmember Conant asked how often Musser Park is mowed and Forester Nayes responded once per year.
Council thanked the Forester for his report. - PUBLIC SAFETY: Mayor Park stated she had attended several block parties in the City of West St. Paul earlier this evening in conjunction with National Night Out and commended the West St. Paul staff for their efforts to organize this event.
Chief Shaver commended the City and Forester Nayes for the proactive response the City has taken regarding Emerald Ash Borer within the City.
The Chief advised that the City of West St. Paul sponsored 36 neighborhood parties for “Night to Unite” this evening and offered to assist the City of Sunfish Lake if Council wished to conduct a similar event in the future.
Chief Shaver reviewed the Public Safety Report and advised that there has been a Jeep Cherokee, Forest Green in color, reported to be driving in City. He asked that if the vehicle is seen, the police department be notified to determine if it belongs in the community. He also noted that residents have been diligent in calling regarding solicitors that have been in the area without first obtaining a permit.
The Chief stated that Officer Muellner was unable to be present this evening to address the Deer Hunt item; however, he would respond to questions in his absence if necessary.
Council thanked Chief Shaver for his report.
8. NEW/OTHER BUSINESS:
a. Consider Request for Funds to Attend Building Official Conference: Inspector Wahl requested that Council authorize funds in the amount of $495 for his conference registration to attend the Annual Building Official Conference in Charlotte, North Carolina.
Councilmember Conant advised he had taken information on the conference from the International Code Council’s website and questioned why it is necessary for the inspector to attend the conference; he indicated that Sunfish Lake is a small community with only 182 homes and minimal inspections performed on an annual basis. He questioned the expenditure of $500 due to the fact Mr. Wahl has substantial experience.
Inspector Wahl explained that he attends the conference to obtain credits necessary for his certification and that he attends as a representative of Sunfish Lake; he noted that he has three years to obtain the 25 credits necessary for recertification and that he also attends many other seminars at his own expense to also obtain credits. He further advised that he pays the additional costs for the airfare, hotel and meals that are not covered with the registration fee.
Councilmember Conant asked why he does not represent Lilydale or Mendota when attending the conference.
Inspector Wahl responded that the cities of Lilydale and Mendota are not members of the ICC and therefore he does not ask them to participate in the cost for the conference. He stated that the interaction with other building officials at the conference to determine what they are doing in their communities is also beneficial.
Councilmember Conant asked if the credits for certification are required to conduct the inspection duties in the cities of Lilydale and Mendota. Inspector Wahl responded yes but explained that those cities do not belong to the ICC.
Mayor Park asked if there was any further discussion and there was no response.
Councilmember DeCourcy moved to authorize the expenditure of $495 for the Building Official’s conference registration fee, seconded by Councilmember MacManus and carried. (2-1-1) (Ayes: DeCourcy, MacManus; Nayes: Conant; Abstain: Park)
Mayor Park explained that she had abstained from voting due to the fact that Mr. & Mrs. Wahl had made a contribution to her campaign fund.
b. Consider Changing Date of November Council Meeting: City Clerk Iago explained that her request to change the November meeting date is due to a recent change in the State Election Laws. She advised that the Absentee Ballots are no longer counted on election night at the polls and therefore, the City cannot canvass the election results that evening. Rather than scheduling an additional meeting to canvass the elections results, she suggested that the regular meeting be delayed one week to accommodate canvassing the election results.
Mayor Park asked if there were any questions or comments and there was no response.
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Councilmember Conant moved to reschedule the Regular Council meeting from November 2 to November 9, 2010, seconded by Councilmember MacManus and carried. (4-0)
c. Consider Establishing 2010 Deer Hunt: Councilmember Conant stated it was his understanding there is a no hunting ordinance in the City.
Attorney Kuntz explained that the existing ordinance provides for no discharge of weapons within the City; however, it allows for hunting of deer up to a certain number to be set by Council on an annual basis at their August meeting. He noted that there are certain criteria that must be met prior to issuing a hunting permit and that the number set for this purpose does not pertain to the special hunt that was conducted by the volunteer bow hunters earlier this year. He advised that last year the Council set the number at zero.
Councilmember Conant asked if the number is always set at zero. Attorney Kuntz responded no and explained that in some previous years the City had allowed hunting by residents who met the criteria.
Councilmember Conant pointed out that there is a large deer population in the City and that the City now has the vehicle in place to correct the problem without allowing private hunting.
Mayor Park indicated that the City could use a hybrid solution by allowing the culling of the herd using the volunteer bow hunters during the regular season; she pointed out it would occur only in Musser Park as it did earlier in the year. She noted that by ordinance the Council must also determine if they wish to allow any other hunting and establish the number of deer that could be taken with a permit.
Councilmember Conant asked if Council has the option to change the number if it is set at zero.
Councilmember DeCourcy explained she wished to have someone provide information to Council regarding the deer population and their habits; she suggested Naturalist Jim Gilbert be asked to appear at a future meeting.
Councilmember Conant moved to set the deer hunting limit at zero and retain the option to change the number at a later date. Motion failed for lack of second.
Attorney Kuntz explained that the number must be established in August to accommodate the regular deer hunting season and noted that obtaining the special permit for the bow hunters to conduct a hunt takes time to set in motion. He advised that Council has the option to review the number of deer permitted to be taken at any time.
Chief Shaver agreed that because Officer Muellner and Councilmember Williams spent a substantial amount of time doing work to obtain the permit from the DNR. He advised that Officer Muellner was unable to be present this evening and suggested that Officer Muellner could provide more detailed information to Council at a future meeting.
Forester Nayes explained that he has been approached by several people asking if they could hunt on his property and that personally he wished to try hunting.
Councilmember Conant commented he would be amenable to setting the limit to one deer by permit.
Chief Shaver stated he wished to work with a Councilmember on the volunteer bow hunting issue. Mayor Park suggested that Councilmember Williams work with the Police Department to form a plan since he has the experience.
Mayor Park asked if a motion is necessary.
Attorney Kuntz responded that Council should adopt the proposed resolution establishing a number for the 2010 hunting season.
Councilmember Conant moved to adopt Resolution No. 10-13 titled, A RESOLUTION SETTING THE DEER LIMITS PURSUANT TO SUNFISH LAKE CITY CODE SECTION 601.04 and setting the number of deer at zero, seconded by Councilmember DeCourcy and carried. (3 -1) (Ayes: Conant, DeCourcy, MacManus; Nayes: Park)
d. Discuss Rubbish Hauler Collection Options: Attorney Kuntz explained that the Environmental Commission had submitted a report to the Mayor on January 8, 2010 which summarized research obtained from Sunfish Lake rubbish haulers; the information compiled was in response to a questionnaire mailed to the rubbish haulers regarding pricing and environmental concerns.
The Attorney stated that the current City Code does not have any provisions relating to rubbish collection. He explained that staff researched information from various area cities and found there are four (4) models for rubbish collection. He reviewed the models as follows:
1. Private Sector – market driven: Currently Sunfish Lake operates under this model whereby residents chose a hauler to collect rubbish. The Attorney explained that the issue of limiting haulers and collection days had been raised in the past and residents voiced the opinion that they preferred to have freedom of choice when selecting a hauler. He noted that residents indicated that there were certain amenities provided by their hauler and they did not wish to give up these amenities.
2. Organized Collection. The Attorney explained that the by this method the City could choose a hauler to take care of geographic areas of the city or the entire city and enter into a contract that regulate the days and rates for collection. He noted that the City of Hastings currently uses this method; however, there is a lengthy statutory process that must be followed in order to achieve this change.
3. Municipal Collection. The Attorney stated that the City could collect rubbish and charge the residents for this service by collecting a special fee or through use of City general funds. He advised that the City of Farmington uses this method of collection.
4. Licensing – No organized collection. The Attorney stated that the City could license haulers and mandate pickup of recycling, but there would be no organized municipal collection. He noted that the City of Apple Valley uses this method of collection.
Attorney Kuntz pointed out that the City of Inver Grove Heights has reviewed the same issues relating to limiting haulers and days of collection and chose to stay with licensing haulers due to the fact that residents preferred freedom of choice.
Mayor Park advised that she asked for discussion of this matter because she has received comments from residents asking why trash is picked up all week long and if the hauling could be centralized or limited to certain days of the week. She noted that other comments she received from residents supported having a choice to accommodate “customized” hauling of their trash and some suggestions that smaller trucks be used to reduce wear on city streets.
Attorney Kuntz indicated that the City could limit the days of collection by Ordinance.
Councilmember MacManus asked if the size of the trucks could be limited. Attorney Kuntz explained that State Statutes prohibit cities from establishing weight restrictions on streets with the exception of the load limitations in the spring of the year; staff found that cities did not address the size of the trucks in any of the ordinances reviewed.
Councilmember MacManus suggested that it may be appropriate to educate residents regarding the how the streets are affected by rubbish collection occurring every day of the week.
Councilmember DeCourcy pointed out that she had reduced her costs for collection by requesting use of smaller truck from her hauler.
Councilmember Conant asked if the owners of a private road could mandate the weight limit for the trucks.
Attorney Kuntz explained that if there is a maintenance agreement between all the property owners along the road they could prohibit who accesses the road.
Councilmember Conant made the observation that the approach used by the City of Farmington, the City collecting rubbish, has the unique advantage of turning what would normally be a taxable expenditure on the part of the households into a tax exempt expenditure; they are now paying taxes to the City to pay for the garage hauling.
Attorney Kuntz agreed that they are paying something to the City for this service; he noted that the City of Minneapolis includes the cost in tax collections, while other cities may have a special fee charged to residents for this service.
Councilmember Conant questioned if it would therefore become tax deductible.
Attorney Kuntz pointed out that a special assessment for City services would not be tax deductible.
Councilmember Conant commented that if it is done correctly it could turn a tax expenditure on behalf of the homeowner into a tax deductible expenditure
Attorney Kuntz indicated that it may be challenged but as a general principle it may be done.
Mayor Park asked if the City could educate residents regarding cost reductions if smaller trucks are used.
Attorney Kuntz indicated that if the information provided is true, it would not pose a problem. He noted that in some cities neighborhood organizations have used this method; however, it is usually done when there are townhomes versus small residential neighborhoods.
Mayor Park suggested that neighbors could get together and request the use of the same hauler so that trash is only being collected once per week. Attorney Kuntz agreed that residents along the same road could request collection on a certain day.
Holly Hammett-Divine explained that the Environmental Commission spent time researching the different haulers in the community, what percentage of trash they recycled and the size of vehicle used for hauling. She pointed out that the Sunfish Lake website appears to promote hauler Waste Management and that they recycling 70% of the trash removed from the City. She advised that trash haulers are in the City everyday and agreed that most haulers are hired due to “word of mouth” from neighbors. She stated that the Commission wished to educate residents on haulers and their percentage of picking up recycling.
Mike Hovey offered to post the Commission report on the website along with educational materials on recycling.
Attorney Kuntz suggested that someone should review the information from the Commission study to insure it is correct; he indicated it would be preferable to provide a “link” to a non-city website so that it does not appear that the City endorses any specific hauler.
Councilmember MacManus questioned how the City website endorses Waste Management. Holly Hammett-Divine explained that there is a link to Waste Management but no other hauler on the website.
Councilmember DeCourcy suggested that it may be appropriate to have citizen testimony relating to a specific hauler on the website.
Holly Hammett-Divine indicated that some members of the Commission have a preference for haulers that do 100% recycling and use smaller trucks
Mayor Park suggested the City Attorney review the report prior to its posting on the website with a disclaimer that states the City is not promoting a specific hauler.
Clerk Iago suggested that it may be more appropriate to linking to the Dakota County website; she suggested that this site has information on recycling, as well as other information on what to look for in a hauler.
Henry Hovey questioned what is wrong with the current method. Mayor Park explained that residents have complained that trash collection in done everyday of the week. She also explained that the Commission had researched which haulers collected a higher percentage of recycled materials and indicated that the use of smaller trucks would do less damage to city streets.
Holly Hammett-Divine explained that the Commission is not attempting to limit freedom of choice, but rather to provide them information on the best choice.
Jim Sullivan explained that it is difficult to use the Dakota County website and that the City should carefully review the information prior to establishing the link. He indicated that some of the haulers listed as licensed do not operate in Sunfish Lake.
Clerk Iago indicated that she was not suggesting the site to find a hauler, but rather to find information regarding how to choose a hauler.
Mayor Park asked the Attorney how to proceed. Attorney Kuntz indicated a directive to staff would be appropriate.
Council concurred to direct staff to remove the Waste Management link from the City website and to direct staff to create a link to Dakota County website relating to rubbish haulers.
Councilmember Conant stated it would be appropriate to create a link for the Environmental Commission study.
Mayor Park indicated that in the future there will be a tab for the Environmental Commission on the website and the information could be placed in that area so that it does not appear that the City endorses the information.
Mayor Park asked if there was any further discussion and there was no response.
e. Discuss Initiating Council Compensation: Councilmember Conant suggested that the City Attorney be directed to develop an ordinance amendment relating to Council compensation to be reviewed at the September meeting. He noted that the time period for adoption of the ordinance is limited due to the upcoming election. He suggested that the numbers he presented at the last meeting be used as a starting point for discussion.
Council concurred to direct the City Attorney to prepare an ordinance relating to Council compensation, with the numbers presented by Councilmember Conant, for discussion at the September meeting.
Attorney Kuntz asked if the ordinance would only pertain to Council. Councilmember Conant noted there was a small per diem also suggested for the Planning Commission.
Councilmember MacManus asked if the website manager’s salary would also be included; Mayor Park responded no and explained that issue would be discussed along with the budget presentation.
f. Other/Miscellaneous: Mayor Park asked if there was any further business and there was no response.
9. ADJOURN: Councilmember Conant moved for adjournment at 8:26 p.m., seconded by Councilmember DeCourcy and carried. (4-0)
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Molly Park, 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.