SUNFISH LAKE CITY COUNCIL MEETING – JANUARY 4, 2011
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Richard Williams
Councilmembers: Judy MacManus, Mike Hovey and Paul Burke
City Attorney: Tim Kuntz
City Building Official: Russ Wahl
City Planner: Carie Fuhrman
City Engineer: Tim Hanson
City Treasurer: Mike Blair
City Clerk: Cathy Iago
Police Chief Manila Shaver
and Members of the General Public.
Councilmember Roger Conant and City Forester Jim Nayes were absent.
1. CALL TO ORDER- ADMINISTER OATHS OF OFFICE TO NEWLY-ELECTED OFFICIALS: Mayor Williams opened the meeting at 7:00 p.m. City Clerk Iago administered the Oaths of Office to newly-elected officials Mayor Williams and Councilmembers Hovey and Burke. Mayor Williams welcomed Mike Hovey and Paul Burke to the Council.
2. APPROVE AGENDA: Mayor Williams asked if there were any additions or corrections to the agenda and there was no response.
Councilmember Hovey moved approval of the Agenda, seconded by Councilmember MacManus and carried. (4-0)
3. CONSENT AGENDA: The Mayor asked if there were any questions or comments relating to any items on the Consent Agenda.
Mayor Williams noted two corrections to the Special Council meeting minutes; page 6, paragraph 2, the acronym for the Lower Mississippi Watershed Management Organizations should read “LMWMO” and on page 7, paragraph 6, the first sentence, the word “not” should be added before the word “forthright”.
Councilmember MacManus also requested a correction to the Special Council meeting minutes on page 3, paragraph 2, second sentence, remove the word “do” from the sentence. She stated that she recalled the discussion relating to whether or not Council should request cost estimates when consultants research items for Council came up during the Attorney’s review or the Treasurer’s review. After a brief consultation, Mayor Williams and the Clerk agreed that the discussion was during the Treasurer’s review.
Councilmember MacManus noted that on page 8, paragraph 2, the last sentence is not complete. Councilmember Hovey noted his copy is complete. Clerk Iago explained that she had emailed the minutes and apparently the type-set was different than her original minutes. She noted that the sentence should read as follows”
“He commented that the Angell Road project would most likely utilize all of the funds in the 2011 Road Maintenance Budget.”
Councilmember MacManus stated she had a question on the engineer billing statement relating to the three person survey crew for culvert inspections. Engineer Hanson explained that the crew was working on Angell Road to identify the easements prior to beginning work on the culvert replacement.
Councilmember Hovey referred to the Xcel Energy bill and asked if the City only paid half of this amount.
Treasurer Blair explained that the bill was received late and there is usually a lag period in the billing cycle. He advised that the bill is usually $40 or $50 and it is only for street lighting. He explained that the City pays half of the bill for the Delaware/Highway 110 traffic signal.
Councilmember Burke stated he has a number of questions, but rather than delay the meeting, he would contact the Treasurer to discuss them.
Mayor Williams pointed out that Council could schedule some study meetings during the year to discuss financial matters since there are a number of restrictions relating to City budgets and spending.
Mayor Williams asked if there were any further comments and there was no response.
Councilmember MacManus moved approval of the Consent Agenda with corrections to the minutes as recommended, seconded by Councilmember Hovey and carried. (4-0)
a. Regular Council and Special Council meeting minutes of December 7, 2010.
b. List of Bills
c. Monthly Financials
4. COMMENTS FROM THE PUBLIC: Mayor Williams asked if there were any comments from the public. He suggested that comments be limited to 3 minutes or less. He suggested that if another person has the same concerns, they state their agreement rather than make the same argument.
Holly Divine stated that the street light requested by Mr. Paster was proposed to be installed on Huber Drive and Delaware Avenue was moved to the corner of Charlton Road and Delaware Avenue without consent of the Sunfish Lake Council.
Engineer Hanson explained that originally Mendota Heights requested the light be installed on the SW Quadrant of Delaware and Huber Drive; however, Xcel Energy representatives changed the placement of the light due to overhead powerlines and infrastructure at that location. He commented that Xcel indicated the light was easier to install and maintain on the NW Quadrant.
Mayor Williams recalled Mr. Paster requesting the installation at Huber Drive and Delaware and that the City paid for half of the costs; he suggested that the Council minutes could be reviewed to determine if Council authorized the change in location. He asked the City Attorney if the City could request the light be moved or if action could be taken to approve the change of location.
Attorney Kuntz explained that if appears the design representatives from Xcel Energy determined this is the best location for the light, however; the City could ask that it be moved.
Holly Divine stated she had researched the minutes and they contain action by Council for the installation of the light at Huber Drive and Delaware. She noted that there was a petition signed by residents on Charlton Road approving that location.
Councilmember Hovey asked if she has a problem with the current location of the light. Ms. Divine stated she does not and that it works well at the current location, but pointed out that Council did not authorize the location.
Councilmember Williams suggested that this matter could be placed on a future agenda and asked that Ms. Divine document the information and her concerns.
Ibby Hammet, 2196 Charlton Road, stated she has lived in the City 60 years and has lived in her current home 35 years. She advised that her home recently suffered hail and wind damage and that she attempted to get a permit to replace some of the aluminum siding on the home. She explained that because the company was unable to match the current siding, the entire home would have to be re-sided. She stated that she contacted the City Planner to find out the options for siding materials and explained that she cannot afford to use the options listed in the current zoning ordinance. She indicated that she was attempting to use either vinyl or aluminum siding for replacement of the existing siding. She questioned if her home could be grandfathered in under the code since she is only replacing the siding.
Mayor Williams pointed out that if some type of variance is required, the matter should be reviewed by the Planning Commission. He asked the City Attorney for his opinion.
Attorney Kuntz stated that he does not have enough information and he suggested that there may a method to grandfather a non-conforming use; he indicated that he would prefer to discuss the matter with the homeowner and provide information to Council at a future meeting.
Planner Furhman explained that the current City Code lists six materials that are allowed for siding and she pointed out that if the replacement of this siding is grandfathered in, Council approval would not be necessary.
After a brief discussion, Council concurred to direct the Planner and Attorney to review the matter with the homeowner and report back to Council at a future meeting.
Ms. Hammet thanked the Council for their time.
Mayor Williams asked if there were any further comments and there was no response.
5. 2011 STANDARD BUSINESS PROCEDURES:
a. Appointment of Acting Mayor: Mayor Williams recommended the appointment of Councilmember MacManus as the senior Councilmember to serve as Acting Mayor in his absence in 2011..
Councilmember Hovey moved to approve the appointment of Councilmember MacManus to serve as Acting Mayor in the absence of the Mayor in 2011, seconded by Councilmember Burke and carried. (4-0)
b. Appointment of Planning Commissioners and Chair: Mayor Williams recommended the reappointment of Planning Commissioners Tom Votel and Arnulf Svendsen to serve three-year terms and the reappointment of Andrea McCue as Chair of the Planning Commission for 2011.
Mayor Williams moved to approve the reappointment of Tom Votel and Arnulf Svendsen to serve
three-year terms as Planning Commissioners commencing in January, 2011 and Andrea McCue to serve as Chair of the Commission for 2011, seconded by Councilmember Hovey and carried. (4-0)
c. Memo and Resolution Designating Official Newspaper: Mayor Williams referred to the memorandum from Clerk Iago and commented that there does not appear to be any options for designating the official newspaper.
Clerk Iago explained that Lillie Suburban Newspapers had submitted their request for the SouthWest Review to be designated as the City of Sunfish Lake Official publication for the year 2011. She stated that she had attempted to contact the Sun-Current Newspaper and had not received a response. She noted that when she checked the Sun-Current website, there was a statement that the Sun-Current had ceased distribution in the West St. Paul-Mendota Heights area in 2007. She stated that the rate had increased by $.50 for the first line publication, but the rate remained the same for each additional publication.
Councilmember Burke moved to adopt Resolution No. 11-01 titled, RESOLUTION DESIGNATING THE SOUTH-WEST REVIEW NEWSPAPER AS THE OFFICIAL NEWSPAPER FOR THE CITY OF SUNFISH LAKE for 2011, seconded by Councilmember Hovey and carried. (4-0)
d. Memo and Resolution Designating Official Depositories for City Monies: Mayor Williams stated that each year the City designates official depositories for City funds.
Councilmember MacManus moved to adopt Resolution No. 11-02 titled, RESOLUTION DESIGNATING FUND DEPOSITORIES FOR THE CITY OF SUNFISH LAKE, seconded by Councilmember Burke and carried. (4-0)
e. Memo & Resolution Appointment of Representatives to Cable Commission: Mayor Williams stated that James Sullivan has served the City well as the citizen representative to the Cable Commission and recommended that he serve as the Council representative. He explained that he may appoint another Councilmember to serve the second year of his term; however, he is interested in reviewing how the Commission works. He recommended James Sullivan be reappointed to and the Mayor be appointed to serve the two-year term commencing January, 2011 through January 2013.
Councilmember Burke moved to appoint Mayor Williams and James Sullivan as the NDC4 Representatives and to adopt Resolution No. 11-03 titled RESOLUTION APPOINTING TWO (2) REPRESENTATIVES FROM THE CITY OF SUNFISH LAKE TO THE NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION (NDC4), for a two-year term commencing January 2011 through January 2013, seconded by Councilmember Hovey and carried. (4-0)
f. Appointment of Weed Control Manager: Mayor Williams questioned if he should delay the appointment of the Weed Control Manager since Mr. Nayes was not present. Attorney Kuntz explained that the Mayor could make the appointment without Mr. Nayes in attendance.
The Mayor appointed the City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager for 2011
g. Memo & Resolution Appointment of Septic System Inspector: Mayor Williams explained that Mr. Wasmund was appointed as the Septic System Inspector a number of years ago and that staff had recently found information on when the appointment occurred. He advised that due to the recent changes in the Septic System Ordinance, Council had requested Mr. Wasmund appear at a meeting to discuss his credentials and duties in this capacity.
Attorney Kuntz provided additional background and noted that the City previously contracted with the City of Inver Grove Heights to provide the inspection services. He noted that in 1997, Inver Grove Heights notified the City of Sunfish Lake that they would no longer provide these services and staff found a record of the appointment of Inspectron, Inc., Mr. Wasmund’s company, at the December 2, 1997 Council meeting. He referred Council to additional information he distributed relating to Mr. Wasmund’s contract, fee schedule and other cities that utilize his services. He stated that Mr. Wasmund is present this evening to review his duties and respond to questions.
The Attorney advised that after Mr. Wasmund’s presentation, Council may review the proposed contract that was included in the informational materials for adoption at the next regular meeting.
Ron Wasmund of Inspectron, Inc., thanked the Council for the opportunity to appear this evening and discuss his services to the City. He distributed a packet of materials including a flyer that showed photographs of projects his company has completed; the projects included a hospital in Red Wing and a hotel addition at Treasure Island Casino. He explained that his experience ranges from minor construction projects to hospital facilities. He stated he has personally been in public employment since 1972 with the cities of Mankato, Rosemount and Edina and that he has served in the positions of Building Official, Community Development Director and City Administrator. He also provided a list of his company’s employees and noted that all employees are MPCA certified, with one employee having advanced certification to inspect systems of up to 10,000 gallons per day.
Mr. Wasmund provided a client list with contact names in the event Council wishes to check references. He explained that he currently conducts septic systems inspections in West St. Paul, South St. Paul and Mendota Heights. He also provided a copy of his current license and noted that he is in the process of renewing the license.
Mr. Wasmund advised that he included information on the septic system installation and inspection procedures for the City of Sunfish Lake; the information outlines how the process operates for different types of inspections; system replacement due to failures, new home installations, and soil verifications. He explained the application process begins with the submission of the septic design review; once the design review and soil verification is completed, the application is passed on to Inspector Wahl who issues a permit. He advised that an initial inspection
is done and that additional inspections are done to view the tank installation and drainfield layout before it is covered. He stated that he works with the installer to draw the “as built” on a form that shows the layout of the system; the form is a permanent record of the system and three copies are made. The copies go to his office, the building inspector and the County. He reviewed the recent change in MPCA rules that require every system must have two independent soil observations; one is done by the designer and another must be done by an independent inspector. He pointed out this provides a check and balance situation so that two designers cannot team up to do the soil observations. He explained that the soil verification takes approximately two hours to complete and that the “as built” form is a permanent record that can be used if the property changes ownership.
Councilmember Hovey asked if wells are documented on the form. Mr. Wasmund responded yes and stated that is to insure a 50 ft. separation for deep wells and a 100 ft. separation for other wells.
Mr. Wasmund advised that he maintains a copy of permits issued and that he has a software program that tracks every permit issued between 2004 and 2010; he advised that during that time period 22 permits were issued for systems that were replaced or repaired. He offered to provide a copy of the report to Council on a routine basis.
Mr. Wasmund stated that he must attend training and obtain 24 Continuing Education Units (CEU’s) to maintain his license; he noted this must be done within the three year licensing renewal period. He advised that the fee schedule has not changed since 2003, with the exception of the Soil Verification fee. He explained that this fee is collected from the designer or added to the permit. He noted that the $50 permit fee consists of the plan review and that the County portion of the fee is $40 for recording and the City retains the remaining $10.
Councilmember Hovey asked if the inspector has 3 years to obtain the CEU’s and Mr. Wasmund responded yes.
Mr. Wasmund advised that the City has a program in place whereby the City Clerk monitors the pumping schedule and sends out reminder postcards to residents. He stated that the inspection fee is $75 for three inspections and that the City retains $15 of the inspection fee.
Councilmember Burke asked if the inspector had ever been sued for a septic system that failed. Mr. Wasmund responded no and explained that failure occurs more when compliance is not followed versus installation. He advised that Inspectron, Inc. does not do compliance inspections as it is his opinion it would not be proper to do the inspection and also collect a fee for issuing the permit.
Councilmember MacManus asked if the inspector foresees any environmental changes on the horizon. Mr. Wasmund explained that there has been discussion regarding more restrictive rules relating to installation near bodies of water; he commented that professionals at the MPCA and the U of M have indicated that septic systems are a better way of treating sewage than sending it to sewage treatment facilities. He noted that the key is separation and encouraging larger lots for septic installations. He discussed the high level of nitrates in Dakota County and noted that the Vermillion River Organization is currently reviewing watersheds and parcels of land that influence watersheds.
Councilmember Williams asked if there were any further questions for the inspector.
Attorney Kuntz asked for clarification of the free structure; Plan Review Fee is $75.00 retained by the inspector, Recording Fee is $50 with $40 going to the County and $10 to the City; Inspection Fee is $75.00 with $60 to the inspector and $15 to he City and the Soil Verification Fee is $200 retained by the inspector. Mr. Wasmund agreed.
Councilmember Burke asked if the Soil Verification Fee is the same for all cities. Mr. Wasmund stated it generally is the same within Dakota County; he noted that Washington County staff does the soil verification and they charge $750.00.
Attorney Kuntz asked if fees are paid at by the homeowner and if they are paid to his company or the City.
Mr. Wasmund advised that the fees are paid by the installer when the permit is issued and that they are paid to the City; he explained that he forwards a bill to the City after the “as built” is received at his office.
Treasurer Blair stated that the City collects the fees and then pays the County and the inspector.
Attorney Kuntz asked if special services from the inspector are charged on an hourly basis. Mr. Wasmund stated he does not charge for questions from the City or Council; he advised that if a housing development is in process, which has not occurred within the City in recent years, he may charge an hourly rate of $45 per hour for any review of the development.
Mayor Williams stated he was more concerned about service versus fees and he thanked Mr. Wasmund for his presentation. He suggested that Council and the City Attorney review the proposed contract from Inspectron, Inc. and that the matter be placed on the February meeting agenda for formal action.
Attorney Kuntz advised that Mr. Wasmund provided the City with a Certificate of Insurance.
Mayor Williams commented that the City is not required to obtain multiple bids when retaining a consultant and Attorney Kuntz agreed.
Mr. Wasmund stated he has enjoyed working for the City and with Inspector Wahl and that he hopes to continue with the excellent working relationship.
Mayor Williams pointed out that it would be appropriate to review the contract with Inspectron, Inc. as a consultant to provide septic inspection services. He noted unless Council determines a need to contact other septic inspectors, the City is not required to obtain multiple bids since it is only hiring a consultant. He suggested that this matter be placed on the February agenda for formal action. He commented that Mr. Wasmund has experience and is knowledgeable about the City.
Councilmember Burke moved to direct the City Attorney to review the contract with Inspectron, Inc. for septic inspection services and that the matter be placed on the February Council agenda for formal action, seconded by Councilmember Hovey and carried. (4-0)
Council thanked Mr. Wasmund for his presentation.
h. Appointment of Watershed Management Organization Representative: Mayor Williams explained that Mayor Park had appointed him to serve as representative to this organization. He advised that he recently left his seat as Chair of the group. He explained that the focus of the group has changed from water quantity to water quality. He further advised that Jim Sullivan has attended meetings and that it would be appropriate to appoint him serve as the City’s representative. He advised that the group meets during the daytime hours and it is difficult to get people to attend. He advised that the group is in the process of development a 10-year plan.
Councilmember MacManus asked if more than one person could attend the meetings.
Mayor Williams responded yes and asked if she wished to serve as an alternate member. Councilmember MacManus responded yes.
Mayor Williams stated that it would be great to have a Councilmember also attend the meetings and noted that the group provides information regarding grant monies. He advised that there may be some unfunded mandates forthcoming and that the City could make application for grants to fund the mandates.
Councilmember Hovey moved to appoint James Sullivan to service as the representative to the Lower Mississippi Watershed Management Organization and Councilmember MacManus to serve as the alternate, seconded by Councilmember Burke and carried. (4-0)
6. PLANNING COMMISSION/PLANNER’S REPORT:
a. Planning Report: 25 Sunnyside Lane – Minor Site Plan Review: Planner Fuhrman explained that Mike McFadden was granted approval of a minor site plan review for the following work; replacement of approximately 2,000 sq. ft. of the asphalt driveway with concrete; replacement of an approximately 375 sq. ft. brick patio/walkout in the rear of the home with concrete; installation of an approximately 175 sq. ft. detached low profile deck between the home and Sunfish Lake; and installation of a retaining wall for tree protection and erosion prevention between the home and Sunfish Lake. She stated that there were three (3) conditions attached to the approval and they are listed in her report dated December 30, 2010. She advised that staff also made recommendations concerning the restoration of the mowed lawn area and surface water management improvements.
1025 60th St. W – Chicken Administrative Permit: The Planner stated that Thomas Hayes submitted an application for an Administrative Permit for the keeping of chickens at 1025 60th Street West. She explained that the City Forester reviewed the request and recommended issuance of the permit for one year with the eight (8) conditions as listed in her report dated December 30, 2010. She advised that one neighbor expressed concern about the noise possibility and the Forester assured him that adult roosters will not be allowed. She noted this same neighbor also raised the question of notifying all of the neighbors on Horseshoe Lake about the request, however; the ordinance only requires that abutting property owners be notified.
Councilmember Hovey questioned the $200 fee and if the fee is paid annually. The Planner explained that is the fee for the administrative permit and that the applicant must re-apply each year for the permit. She commented that she would check to determine if the fee is escrowed and might returned if there are no problems during the year.
2011 Application Schedule: The Planner distributed the Sunfish lake application schedule for 2011, which applies to all major review, CUPs, IUPs, text amendments, rezoning and variance requests.
Planning and Zoning Application: Planner Fuhrman advised that the December Planning Commission meeting was cancelled due to lack of agenda items and that the January meeting would also be cancelled for the same reason. She stated that the Commission would most likely meet in February to discuss additional fees for “after-the-fact” permit requests as recommended by Council. She stated she would work with the City Attorney to prepare materials for this discussion.
Councilmember MacManus stated that in her opinion this is an important issue for the Commission to review in light of the issues on Sunnyside Lane.
Mayor Williams agreed that there is an issue of people seeking forgiveness, not permission, when they undertake a project on their property. He asked the City Attorney if an ordinance change to include some type of penalty for proceeding with work on their property prior to seeking a permit would have to have a public hearing.
Attorney Kuntz responded yes and explained he would work with the Planner to prepare an amendment for review by the Commission. He advised that a public hearing could be held at the Planning Commission and they would make a recommendation to Council for formal action.
Councilmember MacManus questioned the resident’s comments on the “always mowed area”, she asked how long it has been always mowed and if Council has any recourse.
The Planner explained that she was told the resident has mowed this area since the property was purchased; she advised that unless the City has strict proof, it would be difficult to enforce.
The Mayor suggested that the City may have some assistance with new legislation that has been proposed for the Mississippi River Corridor; he advised that Sunfish Lake is included in this corridor and that mandates may assist with compliance in this type of situation.
Council thanked the Planner for her report.
7. INSPECTOR’S REPORTS:
a. Building Inspector: Inspector Wahl stated he conducted three (3) inspections and that no permits were issued during the month of December. He explained that he requested the change to the zoning ordinance that eliminated the use of vinyl siding approximately 20 years ago. He commented that in his opinion the vinyl siding produced at that time was not a quality product. He noted that progress has been made during the last 20 years and that in his opinion the current vinyl siding would be more sustainable and a better quality product. He indicated that it may be appropriate to review the current vinyl product and possibly make a change to the existing ordinance.
Council thanked the Building Inspector for his report.
- City Engineer: Musser Park: The Engineer advised he had no contact with the Land Trust this month. He provided a brief background for the new Councilmembers relating to previous discussions for the installation of a small parking area adjacent to Musser Park; he noted that there is currently no access for maintenance equipment to the park.
Angell Road Culvert Replacement: Engineer Hanson explained that Angell Road culvert replacement project is due to the corrosion of the existing culverts under the road. He stated that the easement areas have been identified and documents drafted to present to property owners during the month of January. He pointed out that he did not send out information to property owners over the holidays since it is such a busy time. He advised there are eight (8) easement locations from seven different parcels and that one of the parcels is Harmon Park.
Mayor Williams asked if the easements would be temporary for access and repair. Engineer Hanson responded yes, but noted that he would attempt to get perpetual easements from the property owners.
City Maps: The Engineer stated the street map was updated and he distributed three (3) different maps to Council; one map includes the names of the property owners and he advised that map is not for public distribution. The other two maps show streets and an aerial view of the City.
Salem Church Road Private Driveway: Engineer Hanson explained that a resident had contact staff regarding an addressing of parcels conflict relating to three properties that extend from a private driveway. He stated that one of the parcels is vacant, one of the parcels has a Salem Church Road address and the remaining parcel has a Horseshoe Lane address with a street sign at the Salem Church Road intersection. He pointed out that this has caused confusion for emergency vehicles attempting to locate the parcel from which the complaint was received. He advised that staff researched the history of addressing of the parcels to determine what addresses were assigned to the parcels and found that neither the City or County records identify an assigned address.
The Engineer suggested the ideal solution would be to have the owners of the Horseshoe Lane parcel change their address to a Salem Church Road address in accordance with the adjacent parcels. He explained that since most residents generally do not desire to change their addresses, an alternative solution would be to place a sign at Salem Church Road which identifies both addresses. He stated he obtained a preliminary cost estimate of $350 to install a street sign with both addresses which could be installed in the spring.
Engineer Hanson pointed out that because this is a private driveway, he is seeking Council direction on how to proceed and whether or not the residents should pay for the cost of the signage and installation or the City should use Street Maintenance Funds.
Attorney Kuntz asked if the sign would be a standard street sign. Engineer Hanson stated it would be a standard street sign, but he suggested using a different color for the sign to identify it as a private street.
Attorney Kuntz pointed out that normally a street sign on private property is replaced at the expense of the residents, however; he indicated that due to the fact it may be a public safety issue for emergency vehicles to find the property, the City could expend funds to install the sign.
Mayor Williams, for purposes of discussion, moved to authorize the use of City funds to install signage identifying both street addresses at the intersection of Salem Church Road based on the fact that it poses a public safety issue, seconded by Councilmember Hovey.
In discussion, Councilmember Burke asked if one person living on the private road opted to have a different address. Engineer Hanson responded yes and explained that one of the property owners asked for the 1 Horseshoe Lane address; he indicated the property address for the parcel would be 100 Salem Church Road.
Councilmember Burke asked if the Holmes address is Horseshoe Lane. Engineer Hanson responded that the Kampmeyer’s have the Horseshoe Lane address.
Mayor Williams advised that he has the same issue in his neighborhood on Acorn Drive, with one of the neighbors asking for a different address.
Councilmember Burke asked if the sign will eliminate the confusion. Engineer Hanson explained that the Holmes residence had a medical emergency and it was difficult for the emergency responders to find the address because the current signage identifies the road as Horseshoe Lane.
Mayor Williams asked if the Horseshoe Lane sign is a private sign and the Engineer responded yes.
Councilmember Burke asked if all the parcels addresses would be listed on the sign. Engineer Hanson responded that one of the parcels is vacant, but could be added at a later date. He also explained that the fire number signs also help identify properties.
Mayor Williams asked the City Attorney if he had any suggestions. The Attorney responded that the Salem Church Road sign should be installed as there is a resident that has that address.
Councilmember Burke commented that it is his opinion the resident should pay for the sign installation since it is a private road. Councilmember Hovey agreed.
Councilmember Hovey called the question.
Vote on motion: Ayes: 0 Nayes: 4 Motion failed.
Councilmember Hovey moved to direct the City Engineer to contact the property owners and advise them of the cost for the signage and installation to determine if they wish to have the City install the signage and bill them the cost or if they wish to install the signage, seconded by Councilmember Burke.
Mayor Williams suggested that the homeowners be advised that it is a public safety issue and also remind them to utilize their fire numbers to identify their homes when contacting public safety responders.
Motion carried. (4-0)
Public Works Activates Undertaken in the Month of December: Street Snowplowing: The Engineer reviewed the snow removal and sanding events that occurred during the months of November and December. He explained that he reminded the contractor to limit the use of sand on the streets. He noted that the contractors plowing private driveways have done an excellent job keeping the excess snow off City streets.
Anticipated Engineer/Public Works Activities’ for the Month of January:
- Initiate Easement Acquisition with the property owners for Angell Road culvert replacement.
Council thanked the Engineer for his report. - CITY FORESTER: The Mayor distributed a copy of the Forester’s report and advised that Forester is on vacation. Mayor Williams read the report into the record; no burning permits were issued in December which may be due to the heavy snowfall; Horseshoe Lake first iced over on Thanksgiving Day in 2010, which is approximately two weeks earlier than last year; the Forester plans to locate potential high-risk trees along City streets and remove them; any person who has seen a particular tree that might pose a problem should contact the Forester with its location.
Council thanked the Mayor for presenting the Forester’s report. - PUBLIC SAFETY: Chief Shaver referred Engineer’s report regarding the situation where the emergency vehicle had trouble locating the address on Horseshoe Lane/Salem Church Road. He explained that the ambulance is a private company and is dispatched by a different service than the police department. He suggested that if Council grants permission, he could share the list of fire numbers and addresses for property owners in Sunfish Lake with the private ambulance company to expedite those responses. He noted that the list is confidential and that Council authorization is required. He advised that it is a 911 Emergency Service and that the list would not be shared with outside parties.
Mayor Williams asked if a motion is required to grant authority and the City Attorney responded yes.
Councilmember Hovey moved to allow the Police Chief to distribute the list of fire numbers and addresses for Sunfish Lake residents to the private ambulance dispatch service to expedite response to emergency calls for service and to advise the company that the list is private data and may not be shared or distributed to any outside parties, seconded by Councilmember Burke and carried. (4-0)
The Chief briefly reviewed the Public Safety report. He explained that when the police receive a call regarding a barking dog complaint, the officer responds to the location and usually waits to hear the dog bark. He noted that this is done so that the officer does not disclose that a neighbor complained about the barking dog, but rather the officer can say that he heard the dog barking.
Mayor Williams summarized the deer hunting program for the new Councilmember while waiting for Officer Muellner to arrive to present the Deer Hunt report. He advised that last year the hunt was conducted in the off season and only in Musser Park; this year the hunt was conducted during the regular hunting season. He further advised that the program was expanded this year to include private property with permission of property owners.
8.e) Deer Hunt Report: Officer Muellner arrived and explained that there were approximately 7 to 9 hunters that participated in the hunt this year and they logged a total of 139 hours. He advised that 86 deer were reported seen during the hunt, however; this does not mean there were 86 deer since the hunters may have seen the same deer on different occasions. He stated that seven shots were taken and six deer were recovered. He advised that of the six deer shot, five were female and one was a young male deer that did not have antlers. He commented that there were numerous antlered deer seen, but no shots were taken by the hunters at these deer.
Officer Muellner stated there were no complaints and no one was injured during the hunt. He advised that residents stopped to thank the hunters and all contacts were positive. He pointed out that weather played a huge role in the limited amount of deer that were taken. He also noted that it is evident residents are still feeding deer which is also a deterrent to the hunt.
Officer Muellner suggested that if Council wishes to proceed with the hunt during the regular season again next year, the process should begin earlier in the year such as June or July. He further suggested that Council consider opening the hunt to allow a number of antlered deer because the hunters saw numerous smaller antlered deer during the process. He also suggested expanding the hunting boundaries to include more private properties with the permission of the property owners. He advised that he had been contacted by at least two residents who inquired about joining the hunt next year. He stated he has discussed this issue with the Metro Bowhunters Association and suggested it may be appropriate to include some residents in the hunt if they have experience.
Officer Muellner pointed out that some of the land where permission was given was not appropriate for hunting due to its proximity to homes.
Council thanked Chief Shaver and Officer Muellner for their reports.
8. NEW/OTHER BUSINESS:
a. Set Discuss Addendums to Employment Agreement and Independent Contractor Agreement Between the City of Sunfish Lake and the City Clerk/Administrator, City Treasurer and City Forester: Mayor Williams reviewed the history of how the employment agreements with the City Clerk/Administrator and Treasurer were initiated due to the regulations of the Public Employees Retirement Association (PERA). He asked Attorney Kuntz if he had any comments regarding the employment agreements.
Attorney Kuntz explained that the agreements are essentially the same as in previous years and that the only item for discussion relates to salary increases for staff. He advised that after Council determines if a salary increase is appropriate for the positions, they should move to Item 8.b., the resolution adopting the four addendums to the agreements.
Mayor Williams asked if there had been an agreement during the reviews regarding increases.
Clerk Iago advised that there was discussion of salary increases however; she recalled that Council determined they would wait until the new members were appointed to determine the amount of increase.
Councilmember Hovey asked if the numbers listed on the report reflect an increase or if they are the current salaries.
Clerk Iago stated they are the current salaries.
Councilmember Burke asked if there was any history for increases. Treasurer Blair stated his rate remained the same for a number of years and last year his rate increased 2% and the Clerk’s increased 3%. He explained that he is comfortable with his current salary rate.
Mayor Williams commented that no survey was done and that other cities make adjustments to the salaries based on fair market increases.
Clerk Iago commented that she is also comfortable with any increase Council determines or no increase.
Councilmember Hovey stated that he believes a 2% increase is fair for the amount of work the consultants perform for the City.
Mayor Williams agreed and suggested that next year it may be wise to compile some type of survey to determine what other comparable cities are paying staff. He agreed and commented that the general view is that staff is extremely helpful and that in his opinion the City gets more than its monies worth.
Councilmember MacManus agreed and commented that in her opinion this is especially true in the case of the Clerk Administrator. She stated she is not referring to the hourly rate since the consultants set their rates.
Mayor Williams asked if there were further comments.
Councilmember Burke expressed his view that due to his short tenure he would defer to the judgment of the members who were in place in December that suggested the 2% increase.
Mayor Williams asked the City Attorney if each contract must be approved separately or in one motion. Attorney Kuntz responded that Council should adopt the proposed resolution with the 2% increase inserted in the addendums.
b. Consider Resolution Approving Addendum No. 4 to Employment Agreement between the City and Catherine
Iago for City Clerk Services and Addendum No. 4 to Employment Agreement between the City and Mike Blair for City Treasurer Services and Addendum No. 2 to Independent Contractor Agreement between the City and Living Sculpture Tree and Shrub Care, Inc. for City Forester Services and Addendum No. 2 to Independent Contractor Agreement between the City and Iago Consulting, LLC for Administrative Services:
Councilmember Burke moved to Adopt Resolution No. 11-04 titled, resolution approving addendum no. 4 to EMPLOYMENT agreement between the city and Catherine iago for city clerk services and addendum no. 4 to employment agreement between the city and mike blair for city treasurer services and addendum no. 2 to indepENDent contractor agreement between the city and living sculpture tree and shrub care, inc. for city forester SERVICES and ADDENDUM NO. 2 TO INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY AND IAGO CONSULTING, LCC FOR ADMINISTRATIVE SERVICES, with a two-percent (2%) salary increase for the City Clerk/Administrator, City Treasurer and City Forester effective January 1, 2011, seconded by Councilmember Hovey and carried. (4-0)
c. Consider Resolution Supporting the Cooperative Purchase of Election Equipment with Dakota County: Clerk Iago reviewed her memorandum dated December 30, 2010. She advised that the County requested all cities in Dakota County adopt the proposed resolution to show the County Board their support to participate in the cost sharing for purchase of new election equipment in 2013 for the 2014 election.. She noted that the County has provided the cities sufficient time to budget for future purchase of the equipment over a three-year period.
Councilmember Hovey asked what equipment would be replaced. Clerk Iago advised it would be the Accuvote machine.
Councilmember Burke suggested that the resolution be amended to read for one machine.
Clerk Iago pointed out that there may be other items purchased for use with the machine and she suggested the amendment to the resolution states “…for said purchase of election equipment for one precinct” so that other equipment may also be included in the purchase. She further advised that the formal contract and final costs would be presented to Council for their approval.
The Clerk also explained that the County would first use federal funding toward the cost of the machines, and then the City and County would split the remaining costs 50/50.
Councilmember Hovey moved to adopt Resolution No. 11-05 titled A RESOLUTION SUPPORTING THE COOPERATIVE PURCHASE OF ELECTION EQUIPMENT BETWEEN THE CITY OF SUNFISH LAKE AND DAKOTA COUNTY as amended to state “for one election precinct”, seconded by Councilmember MacManus and carried. (4-0)
d. Discuss Procedures for Coordinating Contacts with Staff by Councilmembers: Mayor Williams explained that it would be his preference for Council to contact him with questions or issues versus calling staff. He stated that the procedure should be discussed when everyone is present and asked that this be placed on the February agenda.
f. Other: The Mayor asked if there was any further business and there was no response.
9. ADJOURN: Councilmember Hovey moved for adjournment at 9:20 p.m., seconded by Councilmember Burke and carried. (4-0)
___________________________ ___________________________
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.