- DRAFT -
SUNFISH LAKE CITY COUNCIL MEETING – NOVEMBER 9, 2010
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Molly Park
Councilmembers: Judy MacManus, Roger Conant and Richard Williams.
City Attorney: Tim Kuntz
City Building Official: Russ Wahl
City Forester: Jim Nayes
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 Cathy DeCourcy was absent.
1. CALL TO ORDER: Mayor Molly Park opened the meeting at 7:00 p.m.
2. APPROVE AGENDA: Mayor Park asked if there were any additions or corrections to the Agenda and there was no response.
Councilmember Williams moved approval of the Agenda, seconded by Councilmember Conant and carried. (4-0)
3. CONSENT AGENDA: Mayor Park asked if there were any other questions or comments relating to any items on the Consent Agenda.
Councilmember Conant questioned the discussion in the October 5 minutes relating to the City’s participation in the Metropolitan Livable Communities Act program; he asked Councilmember Williams to clarify his comments relating to sewer and water availability and housing exceeding affordable housing guidelines.
Councilmember Williams explained that in his opinion the City of Sunfish Lake would not be able to meet goals as outlined since sewer and water connections would not occur in the City and that all of the housing in the City is well-above the affordable housing criteria. He stated that he was not suggesting the City connect to sewer and water.
Councilmember Conant noted that there was a reference to “Attorney Erickson” in the minutes. City Clerk Iago explained that Attorney Darcy Erickson, with the City Attorney’s office, was present to discuss the proposed septic ordinance.
Councilmember Conant suggested that her name be placed on the first page of the minutes so that future readers would know she was present.
Councilmember Conant pointed out that he arrived late at the meeting and did not see it noted in the minutes on the first page. Clerk Iago explained that she noted his arrival on page 7 of the minutes.
Councilmember MacManus pointed out that under “Comments from the Public” on page 2 of the minutes she stated she did receive an email from resident Lynette Olson; she asked that the Clerk delete the word “not” from the sentence to show that she did receive the email. Clerk Iago stated she would make the correction.
Councilmember Conant noted that there was a payment of $7,000 to the City of West St. Paul on the List of Bills, however, there was no corresponding statement to show the purpose of the payment.
Treasurer Blair explained that this is a recurring monthly payment based on the annual contract fees for police services and that no billing statement is sent.
The Treasurer explained that this type of monthly bill and other bills, such as pass through bills to property owners for escrow accounts, are not included in the consultant’s expenses on the list.
Councilmember Conant suggested that the Treasurer might consider using an asterisk or an explanation in parenthesis when this type of billing occurs in the future. Treasurer Blair agreed to do so.
Mayor Park asked if there were any further comments or questions and there was no response.
Councilmember MacManus moved to approve the Consent Agenda with corrections to the minutes as requested, seconded by Councilmember Williams and carried. (4-0)
a. Regular Council meeting minutes of October 5, 2010.
b. List of Bills
c. Monthly Financials
4. COMMENTS FROM THE PUBLIC: Mayor Park asked if there were any comments from the public and there was no response. Forester Nayes explained that his wife wished to be present to discuss an item, however, due to a scheduling conflict she would not be present until later on the agenda.
Mayor Park congratulated the newly-elected City officials.
5. PUBLIC HEARING/PRESENTATION: None.
6. PLANNING COMMISSION/PLANNER’S REPORT: a) Planning Report: Planner Fuhrman referred to her report dated November 4, 2010. She explained that after she received a second complaint at the October Council meeting regarding property maintenance concerns at 10 Acorn Drive, she and the City Forester conducted site visits to the property. She stated that on both visits they found overgrown vegetation and weeds on the property. She advised that she contacted the property owner who stated that he had hired someone to clean up the property this week. She noted that on behalf of the City she asked the property owner to keep the site maintained and mowed on a regular basis.
Councilmember Williams stated that there was a person at the site this weekend and conducted a clean-up around the house and cut the grass.
Mayor Park asked if the property is vacant and if the owner lives in town. Planner Fuhrman stated the property is vacant and the owner lives in the area, but not in Sunfish Lake.
The Planner advised that the City received a complaint on the property at 25 Sunnyside Lane relating to a poured concrete fire pit that was placed between the home and the lake without prior City approval. She explained that she informed Council at the October meeting that staff would request the fire pit be removed as is was in violation of our Shoreland Ordinance. She advised that after the meeting she received permission from the property owner to conduct a site visit and see the work that was done. After viewing the site, she contacted the City Attorney to discuss the project findings and both concluded that the fire pit structure meets the definition of a “detached low profile deck”. She read the definition and explained that the structure meets the conditions listed in the ordinances and staff is of the opinion that the structure is allowed under the Shoreland Ordinance.
Planner Fuhrman further advised that the property owner also repaved a portion of the driveway and replaced a patio behind the home; she stated that this entire project qualifies as a Minor Site Plan Review and can be processed by staff administratively. She advised that she sent a letter to the property owner and is waiting on the submission of the Minor Site Plan Review application. She further stated that she is also following up on concerns relating to vegetation alternations near the lakeshore. She stated that she attempted to do a comparison with old aerial photographs of the property, however, it was difficult to determine the amount of change to the vegetation. She pointed out that the ordinance allows for up to 20 percent of the vegetation to be removed and also has an exemption if the removal had been done prior to the ordinance taking effect.
Councilmember MacManus questioned how a fire pit could be classified as a deck.
The Planner showed photographs of the structure and explained that the ordinance definition does not specify that the structure has to be made of wood; she advised that after conferring with the City Attorney, they concurred that the structure meets the criteria for a “detached low profile deck” as defined in the ordinance.
Councilmember MacManus questioned how close to the shoreline the property owner is mowing. Planner Fuhrman stated it is fairly close to the shoreline.
Councilmember Conant stated that the property owner uses a large rider mower and that they use a road to access the shoreline area; he commented that he is unsure if the road was there prior to the present owner purchasing the property.
Mayor Park asked if there would be any type of fine imposed on the property owner for not seeking an application prior to installing the fire pit. Planner Fuhrman stated she is not aware of any process to fine the property owner.
Attorney Kuntz stated that the City Code does not provide for imposing any additional fees. He pointed out that if a building permit were required it would be possible to double-fee the property owner.
Building Official Wahl stated in his opinion a permit was not necessary.
Councilmember Williams pointed out that with respect to the grass cutting issue, it is his opinion that there may be more stringent regulations coming forth for cities in the future since the Lower Mississippi Watershed group has been discussing the change in focus from water flow to water quality.
Mayor Park pointed out that fortunately it is near the end of the mowing season and she suggested that the new Council may wish to educate citizens on the reasons for maintaining vegetation along the shoreline.
Councilmember MacManus commented that she believed the DNR regulated the shoreline maintenance. Planner Fuhrman explained that the City’s regulations are more restrictive than the DNR.
Councilmember Williams asked if staff could measure the present vegetation location for future reference.
The Planner explained she asked the property owner to send her information on the amount of mowing that has been done to establish a benchmark for future reference.
Planning Commissioner Joanne Wahlstrom explained that this is not the first issue relating to this property. She advised that the Commission had granted a variance for the property conditioned upon removal of an ice house, which was not removed from the parcel. She also noted that there have been complaints relating to lighting on the ice near this property during the winter months.
Councilmember Conan commented that he is uneasy that there is no loss provision or penalty for proceeding with projects within the City without first obtaining permission. He indicated that he believes the house was built after the shoreline ordinance was adopted would not be grand-fathered for vegetation removal.
Councilmember Williams agreed that the City could place a penalty in the ordinance for failing to obtain permission prior to proceeding with a Minor Site plan review; he asked the City Attorney for his opinion.
Attorney Kuntz agreed that it would be possible to amend the ordinance and suggested that Council direct the Attorney and Planner to draft an amendment with a penalty clause. He explained that because this is a zoning issue, it should be also reviewed by the Planning Commission.
Mayor Park asked Council to direct the City Attorney and Planner to draft an ordinance amendment relating to imposing a penalty for failing to submit an application for a Minor Site Plan Review. Council concurred.
Engineer Hanson advised that due to the heavy tree cover in the area, it would be difficult to ascertain the amount vegetation removal from an aerial photograph.
Planner Fuhrman advised that the City had received two separate inquiries regarding the keeping of a small number of chickens with the City. She stated that Section 1225 of the City Code regulates the keeping of animals within the City. She explained that chickens are classified as farm animals and are allowed subject to the approval of an administrative permit issued by the City Forester. She noted that the current ordinances does not state any specific conditions to be placed upon issuance of the permit, however, it is the opinion of staff that some specific regulations would be appropriate that relate to sanitation, location, etc. She advised that she would research other communities similar to Sunfish Lake and provide an update on this matter at the December meeting.
Council concurred that specific conditions should be placed on the permit and that the Planner should conduct the research with other communities.
Councilmember MacManus commented that no roosters should be allowed.
Forester Nayes and Clerk Iago stated that both the inquiries they received stated no roosters would be on the properties.
Councilmember Williams pointed out that it would be worthwhile to review how far from wells the chicken coops should be placed. The Planner stated she would include that information.
Attorney Kuntz commented that prior to approval of the Minor Site Plan Review for the McFadden property; the Planner should provide the information to Council and solicit their comments. The Planner agreed to do so and noted that the adjacent property owners would also be notified and asked for their comments.
Councilmember Williams pointed out that by installing the structure without an application the property owner deprived the neighbors of an opportunity to comment on the matter. He pointed out that the property owner runs the risk that the City will request removal of the structure.
Attorney Kuntz explained that the property owner still runs the risk of removal or the City imposing additional conditions such as screening.
Councilmember Conant stated he does not favor tearing down a structure that is already in place, but rather insuring that it is in compliance with the City Code.
The Planner advised that the October Planning Commission meeting was cancelled due to lack of agenda items and that no new applications were received for the November meeting.
Council thanked the Planner for her report.
b) Consider Resolution Authorizing Participation in the Metropolitan Livable Communities Act (LCA) Local Housing Incentives Account Program: Planner Fuhrman stated that per Council direction at the last meeting, she contacted Dan Rogness with the Dakota County CDA and was informed that the City used to participate in an organization known as the Dakota County cluster. She explained that the organization helped to coordinate the cities within Dakota County in reaching their affordable housing goals; the organization is no longer in existence.
The Planner further reported that Sunfish Lake currently contributes money towards a county-wide level that supports the Senior Housing Program. She advised that the City does not budget the amount, rather it is treated as a special district levy to all cities and townships. If the City chooses to discontinue participation in the Livable Communities Act, the City will still continue to contributing towards the special levy.
Planner Fuhrman advised that Mr. Rogness indicated that he values the past partnership with the City; however, he does not see the program as a good fit for Sunfish Lake.
The Planner stated that Council should determine if they wish to continue participation at this time or not and she would forward their response to Dakota County.
Councilmember MacManus stated that she was not opposed to participation, but noted that previous discussion indicated that the City would have to draft goals that they may not be able to meet.
Councilmember Conant stated he does not see any reason to proceed.
Engineer Hanson pointed out that the City might be restricted from potential grant funds if it does not participate.
Planner Fuhrman pointed out that most of the grant funds are for affordable housing and may not apply to the City.
Councilmember MacManus asked if the City could make any contribution toward available housing in other cities with continued participation.
The Planner explained that the levy funds are used for that purposes and that the City does not have a choice in the funds that are levied.
Mayor Park asked if a motion is necessary to discontinue participation.
The City Attorney advised that if Council does not take any formal action on the matter, the Planner will notify Dakota County that no formal action was taken.
Council thanked the Planner for her report.
7. INSPECTOR’S REPORTS:
a. Building Inspector: Inspector Wahl stated he conducted seven (7) inspections and issued two (2) building permits in October. He stated he attended the national conference and found the seminars to be very informative; he thanked Council for the opportunity to attend.
Councilmember Conant commented that the building report was illegible. Inspector Wahl apologized and offered to send a new copy. Councilmember Conant stated that was not necessary.
Council thanked the Inspector for his report.
b. City Engineer: Salem Church Road Reconstruction: Engineer Hanson stated the project final punch list has been completed and processing of the final payment is in process.
Musser Park: The Engineer explained that he contacted Minnesota Land Trust regarding the request to construct a parking lot in Musser Park and found that they have recently had a change in staff. He advised that this staff change resulted in the request being “shelved”; however, the staff person he talked with was very positive to the request to construct the parking area. He stated he would report on the matter as soon as he receives a formal response from the Land Trust. He also pointed out that he will work with the City Attorney to draft allowable language for the Land Trust documentation.
Angell Road Culvert Replacement: Engineer Hanson sated the three centerline culverts along Angell Road require replacement due to corrosion along the bottom one-third of the pipe. He explained that he investigated reconstruction by lining the existing pipe rather than removal and replacement; he noted that the lining would be less expensive than cutting open the road to remove and replace the pipe. He explained that he would request Council authorization for this project later on the agenda and further discuss the issues.
Public Works Activities Undertaken in the Month of October: Charlton Road Maintenance: Charlton Road has been scheduled for blading later this month.
Anticipated Engineer Activities for the Month of November:
- Grading Charlton Road
- Initiate easement acquisition for Angell Road culvert replacement
- Develop plans and specifications for culvert replacement
Councilmember Conant commented that during previous discussions it was his impression there was not much interest in a parking area at Musser Park and concern that if a parking area was installed it may attract persons from other communities using the park. He questioned why the money would be spent for the access if the park is not used very often.
Mayor Park explained that the area would merely be used for maintenance access and to have some parking for City sponsored events.
Councilmember Williams noted the discussion of access came up after the deer hunt due to the lack of parking and also because it would be preferable to have access for maintenance of the park. He explained it would be a small area adjacent to the road.
Councilmember MacManus commented that the park may have more use if there were a small parking area.
Engineer Hanson stated that the last directive from Council was to research if the Land Trust would allow an area for parking and that no formal project has been approved.
Council thanked the Engineer for his report.
- CITY FORESTER: Forester Nayes reported he issued five (5) Burning Permits in October and conducted clearing of vegetation along Angell Road. He advised that he also removed some high risk dead Elm trees.
The Forester thanked Mike Hovey for allowing the City to use his mower to clear brush in Harmon and Musser Parks; he noted the heavy mower was very useful in removing Buckthorn. He advised that he treated female Buckthorn trees in both City parks and sprayed Buckthorn on Charlton Road. He stated he placed barriers on Charlton Road to deter traffic due to downed power lines after the recent storm and that he also cleared brush along the road.
Forester Nayes reported that he recently learned the ticks that carry Lyme Disease do not carry the disease from birth, but that they pick up the disease from rodents. He noted that the disease may be spread during the winter months if the ticks are picked up while hunting deer.
Council thanked the Forester for his report. - PUBLIC SAFETY: Chief Shaver explained that residents have been diligent in reporting suspicious persons; He advised that on most occasions the police department found the suspicious persons to be contractors working in the area, but a few of them have not had good reason to be in the City. He reported a theft of mail on Salem Church Road and noted that a check was stolen; he suggested that residents do not place outgoing mail in their mailbox for pickup.
Councilmember Conant asked for an explanation of the “Check Welfare” notation in the report. Chief Shaver explained that it is a request to check on the status of an individual or property.
Mayor Park asked if the Chief had any further information regarding the Dobranz property. Chief Shaver explained that the initial police call was related to the death. He advised that the police noted unsanitary conditions at the residence and reported this to the Dakota County Health Department and Building Inspector. He stated he had no further information on the property.
Council thanked Chief Shaver for his report.
8. NEW/OTHER BUSINESS:
a. Consider Approving Redemption Notice and Authorizing and Directing the Prepayment of Bonds Related to the General Obligation Improvement Bonds, Series 2006A: Attorney Kuntz explained that the City Treasurer had recommended the prepayment of the General Obligation Bonds for the Acorn Drive project. He advised the project was also funded by Special Assessments that will continue to be paid by property owners and the monies returned to the General Fund. He stated that the FDIC had purchased the bonds from Mainstreet Bank when it closed and they have requested a resolution from the City that authorizes the prepayment of the bonds.
Treasurer Blair explained that the FDIC has indicated they would prefer the bonds be paid and that minimal interest is being earned on the City’s investments.
Attorney Kuntz advised that he had contacted Ehlers & Associates to inquiry if any further documentation was needed; Ehlers responded nothing additional was required.
Mayor Park asked if there were any questions and there was no response.
Councilmember Williams moved to adopt Resolution No. 10-17 titled, A RESOLUTION APPROVING REDEMPTION NOTICE AND AUTHORIZING AND DIRECTING THE PREPAYMENT OF BONDS RELATED TO THE GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A, seconded by Councilmember MacManus and carried. (4-0)
Councilmember Williams acknowledged Councilmember Conant for the bringing the prepayment to the attention of Council and his assistance to the Treasurer on the matter.
b. Consider Adopting An Ordinance Amending Chapter 402 of the Sunfish Lake City Code Relating to Subsurface Sewage Treatment Systems and a Resolution Adopting Publication of the Summary of Ordinance Regulating Subsurface Sewage Treatment Systems within the City of Sunfish Lake, Minnesota and Amending Sunfish Lake City Code Chapter 402: Attorney Kuntz reviewed his report and discussion from the October 5 Council meeting relating to the proposed septic ordinance update. He advised that the Minnesota Pollution Control Agency revised regulations governing septic systems and state law requires that the City adopt the Dakota County ordinance or a stricter ordinance within one year of the adoption of the County ordinance. He stated the deadline for adoption by the City is November 17, 2010 and therefore, it should be adopted this evening.
The Attorney explained that the proposed ordinance is very detailed but largely mirrors the Dakota County septic ordinance. He explained the most significant differences between the two being the City’s imposition of effluent screen standards and a compliance inspection to determine whether an existing septic system is adequately sized to accommodate a bedroom addition; if the system is inadequate, it must be upgraded prior to occupancy of the bedroom. He also noted that the number of the ordinance is different than what is typically used in the City Code and this is intentional to provide contractors within Dakota County a “common language” for septic code requirements.
Attorney Kuntz explained that the proposed ordinance requires pumping every two years, which is more stringent that the County requirement of pumping every three years; he explained the City has a history of being more restrictive in this regard. He also noted that the City retains governance to administer the pumping program, although some cities in the County contract with Dakota County to administer their pumping program. He stated that the ordinance also conforms to the County ordinance including notification for point of sale, which was not in the current City ordinance.
The Attorney recommended adoption of the ordinance and resolution adopting a summary of the ordinance for publication as presented and offered to respond to questions.
Councilmember Conant questioned who would be the appropriately licensed individual responsible for administering the program and noted that it appears the individual must be highly qualified. He also questioned who would issue permits and what standards would be used to insure the appropriate permit is issued and that requirements have been met.
Councilmember Williams explained that it does not appear as if the program administration will change substantially and that the City currently retains Inspector Ron Wassmund to monitor the septic systems; he noted that he is highly qualified.
Clerk Iago stated that she maintains a database of the pumping dates for all systems in the City and that there is no actual paper permit that is issued to residents. She advised that she sends notification to residents when pumping is required and receives proof of the required pumping from the resident or septic business. She indicated that as long as the system remains in compliance the initial permit received when the home was built remains in effect.
Attorney Kuntz pointed out that Council could invite the Septic Inspector to attend a meeting to discuss his qualifications and training and respond to any questions regarding the new ordinance.
Councilmember Conant asked if the inspector is designated annually similar to the other consultants. Attorney Kuntz responded no.
Councilmember Conant expressed a sense of unease that the City may not be in compliance with the ordinance if no permits are issued.
Clerk Iago explained that the proposed ordinance was thoroughly reviewed by herself, Mr. Wassmund and Attorney Erickson to insure that it would meet all state and County requirements and to designate the appropriate staff to administer the program.
Mayor Park questioned the difference between Type 4 and Type 5 Septic System. Attorney Kuntz commented that difference might be that one is a mounded system, but explained that he would need to confer with Attorney Erickson or the Inspector prior to providing a definitive answer.
Mayor Park asked if there was any further discussion and there was no response.
Councilmember Williams moved to adopt Ordinance No. 2010-03 titled AN ORDINANCE AMENDING CHAPTER 402 OF THE SUNFISH LAKE CITY CODE RELATING TO SUBSURFACE SEWAGE TREATMENT SYSTEMS, and to adopt the Summary of Ordinance No. 2010-03 WHICH REGULATES SUBSURFACE SEWAGE TREATMENT SYSTEMS WITHIN THE CITY OF SUNFISH LAKE, MINNESOTA AND AMENDS SUNFISH LAKE CITY CODE CHAPTER 402, seconded by Councilmember MacManus and carried. (4-0)
c. Consider Authorizing Easement Acquisition & Plan Preparation for Culvert Replacements on Angell Road: Engineer Hanson explained that as part of his duties an annual inspection of all culverts within the City is conducted. He advised that in 1961 there was a subdivision platted as Sunfish Heights which included the development of Angell Road and the centerline drainage culverts under the roadway. He stated the existing culverts are corrugated metal pipes that have a service life of 40 to 50 years. Upon recent inspection, the Engineer stated he found the culverts have extensive corrosion and must be replaced.
The Engineer explained that the plat of Sunfish Heights does not include drainage easements and therefore, in order to complete culvert replacement, drainage easements and/or right of entry easements are needed from adjacent property owners. He advised that there are 5 to 7 parcels adjacent to the existing culverts. He pointed out that the platted right of way is 50-ft. wide and the existing culverts range from 60 ft. long to 70 ft. long, which extends beyond the platted right of way.
Engineer Hanson explained that the culverts should maintain their shape barring no major storm and that he reviewed lining the culverts versus replacing them to lower the project cost.
The Engineer explained the request is for authorization to draft the easements and begin discussions with property owners to obtain the easements. He further requested authorization to begin plan preparation for the project. He noted that there would be some tree removal as he found two (2) 36 inch trees growing over one culvert.
Councilmember Williams asked if cities may acquire easements by adverse possession. Attorney Kuntz responded yes, but stated it would be more appropriate to first discuss obtaining the easements from the landowner before that process is used.
Mayor Park asked if the easements would be permanent or temporary.
Engineer Hanson stated they may be obtained either way; however, he recommended the initial request be for a permanent easement. He commented that if the property owner is not responsive or if a nominal fee is requested, he would return to council for direction. He noted that if permanent easements are obtained, the City would not have to repeat the process in the future for repairs. He indicated that he is hopeful the landowners would give the permanent easements to the City since they have been in place for a long period of time. He stated that one of the easements may be adjacent to a City park and that two others are within lot areas; the Fitzer drainage swale is overgrown and he recommended pursuing an additional amount of easement in this area.
Councilmember Conant asked if the City could ask the property owner to maintain the drainage easement.
Attorney Kuntz explained that if the water is running off a City road it is considered public drainage and would not be the property owner’s responsibility. He further explained that if the area were platted today, the City would have retained a drainage easement for this purpose. He stated that on the plat the easements are not dedicated to the city, but they are shown as wetlands and swales. He advised that when the City has to trim trees or change slopes it is obligated to discuss this with the property owner.
Councilmember MacManus asked if the City would have to go through this process to obtain an easement if one of the culverts would collapse. Engineer Hanson stated that would be an emergency situation and the City would repair the road area of the collapse; he noted that if access for repairs was not granted, the City would only fix the road and not the property. He stated it would be in the best interest of the property owner to grant the easement.
Mayor Park asked what action is necessary this evening.
Engineer Hanson stated he is requesting authorization to acquire the necessary easement or right of entry and prepare plans for culvert replacement and drainage way restoration. He explained that if any monetary settlement is required, he would return to Council for action.
Councilmember Conant pointed out that the beneficiaries of the project would be the property owners. Mayor Park agreed and called the question.
Councilmember Williams moved to authorize the City Engineer to begin easement acquisition or right of entry and prepare plans for culvert replacement on Angell Road, seconded by Councilmember Conant and carried. (4-0)
d. Consider Award of Snow Plowing Contract for 2010-2011: Engineer Hanson explained that he had obtained a quote from Pine Bend Paving for the 2010-2011 Snow Plowing contract and that their rates would remain the same as the last two years. He advised that since the hourly cost had not changed in two years, no additional quotes were requested. He stated that Pine Bend Paving has been very reliable and the City has received very few complaints about their work.
Councilmember Conant questioned why only one bid was received this year and recalled two or three bids last year.
Engineer Hanson stated that he believes there were only two bids last year, and three the year before.
Councilmember Williams pointed out that Pine Bend is experienced with the City roads and plowing.
Councilmember Conant questioned if more than one bid is required. Engineer Hanson responded that in his opinion only one bid is required since the total amount does not exceed $50,000.
Attorney Kuntz explained that under state statutes only one bid is necessary when the contract amount does not exceed $25,000; he noted that for a contract of $25,000 to $100,000, two quotes are required.
Engineer Hanson commented that the annual contract is under $20,000. Treasurer Blair explained that last year the City spent $40,000 on plowing due to the heavy snow events and the budgeted amount for this season is $30,000.
Councilmember Conant stated that the City should have at least two quotes to meet state statutes.
Engineer Hanson stated that the current contract does not expire until December 31, 2010 and therefore, the will obtain another quote for discussion at the December meeting.
e. Consider Authorizing Submission of the 2011 Small Community Funding Application to Dakota County
Requesting Funding to Operate a Citywide Recycling Program: Clerk Iago explained that the City annually submits an application to Dakota County to requesting funding to operate a Citywide recycling program. She stated that she completed the application with assistance from the County staff and that it was similar to those submitted in previous years; the grant amount remains at $1,100. She recommended Council adopt the resolution authorizing submission of the 2011 Small Community Funding Application to Dakota County as presented.
Councilmember Conant asked to review a copy of the application and Clerk Iago provided the document.
Environmental Commissioner Holly Divine questioned if the new Council would still support the Environmental Commission and if the Commission could have permission to place items on the City website without first obtaining Council approval.
Attorney Kuntz explained that the Commission does not report directly to the Council, only to the Mayor, and that he recommended Ms. Divine ask permission from Council to place items on the website on behalf of the City.
Mayor Park pointed out that she does not foresee problems with informational items from the Commission being placed on the website.
Attorney Kuntz advised that in his opinion, persons having access to the City website should be authorized by Council.
Councilmember Conant moved to allow the Environmental Commission Co-Chair to submit items for placement on the City website that provide educational and other types of informative materials to residents, seconded by Councilmember Williams and carried. (4-0)
Councilmember Conant moved to adopt Resolution No. 10-18 titled, RESOLUTION AUTHORIZING SUBMISSION FO THE 2011 SMALL COMMUNITY FUNDING APPLICATION TO DAKOTA COUNTY REQUESTING FUNDING TO OPERATE A CITYWIDE RECYCLING PROGRAM, seconded by Councilmember MacManus and carried. (4-0)
Website Manager Mike Hovey asked for authorization to speak directly to the City Clerk and the Environmental Commission Co-Chair regarding materials for the website. He advised that if he had any concerns he would bring them to Council. Council concurred with his request.
f. Consider Canvass of the 2010 General Municipal Election Results: Clerk Iago explained that Minnesota State Statutes and Election Laws require that the City Council, acting in its capacity as the Election Canvassing Board, review and accept the results of the canvass of votes in the November 2, 2010 Municipal Election.
The November 2, 2010 Municipal Election canvass of votes is presented by the City Clerk as follows:
MAYOR - PCT 1
Richard Williams 155
Judy MacManus 147
Write-Ins 1
Overvoted 0
Blank Voted 13
COUNCIL - PCT 1
Mike Hovey 132
Paul Burke 130
Pamela Bennett 93
Joanne Wahlstrom 91
Tom Hendrickson 75
Write-Ins 1
Overvoted 0
Blank Voted 14
Under Votes 66
TOTAL VOTES CAST: 316
Number Registered Prior to Polls Opening 391
Number Registering on Election Day 20
Total Registered Voters 411
Percentage of Voter Turn-out 77%
Councilmember Conant asked if the Clerk had received any questions, concerns or comments relating to the vote tally. Clerk Iago responded no.
Mayor Park asked if the Absentee Ballots were included as part of the canvass. Clerk Iago explained that the canvass includes the vote tallies from the election precinct tapes and the absentee tallies from the Dakota County election report.
Mayor Park asked if there were any further questions and there was no response.
Councilmember Conant moved that the Canvassing Board find that Richard Williams is elected Mayor for a
two-year term commencing January 1, 2011 and that Michael Hovey and Paul Burke are elected to the City Council for four-year terms commencing January 1, 2011, seconded by Councilmember MacManus and carried. (4-0)
g. Consider Scheduling a Special Meeting to Conduct Consultant Reviews on December 7, 2010 at 5:00 p.m.: Clerk Iago advised that the Council annually schedules a special meeting to conduct the consultant reviews and recommended the meeting be held at 5:00 p.m. on December 7, 2010, prior to the Regular Council meeting. She presented the scheduled times for the consultants and stated she would confirm the times with each individual.
Councilmember Conant questioned if the meeting could be closed to the public. Attorney Kuntz explained that they have always been open in the past, however; Council has the option to close the meeting to the public as long as a summary of the meeting is presented for Council review and approval at the next regular meeting. He further advised that the consultant has the option to request the meeting be open.
Councilmember Conant moved to schedule a Special Meeting to Conduct Consultant Reviews on December 7, 2010 at 5:00 p.m. and that the meeting be closed to the public, unless requested by the Consultant to have it open, with a summary of the meeting to recorded by the City Clerk, seconded by Councilmember MacManus and carried. (4-0)
Attorney Kuntz pointed out that in the past Council designated one or two individuals to discuss compensation increases for the positions of City Clerk/Administrator, City Forester and City Treasurer so that the increases could be approved by Council at their December meeting.
Councilmember Conant commented that in his opinion the discussions place Council in an awkward position and may place some expectation for the consultants to receive the compensation discussed; he preferred to discuss the matter with each person individually after their meeting.
Councilmember Williams pointed out that issues with the individual contracts could also be discussed.
Attorney Kuntz stated in the past the Council designees focused solely on the compensation issue.
Councilmember Williams suggested that these individuals could submit a proposal for compensation that could be discussed during their individual meetings and that they could include other aspects of their contract they wish to discuss.
Council concurred and requested the Clerk, Forester and Treasurer to submit compensation proposals and any other issues relating to their contracts at their reviews.
h. Consider Proclamation of World Kindness Week November 8-14, 2010: Mayor Park explained that School District 197 had requested Council adopt the World Kindness Week Proclamation and submit it for display during the week of November 8. She stated she signed the proclamation for submission so it could be on display and asked that the Council formally adopt it at this time.
Councilmember Williams moved to adopt the Proclamation of World Kindness Week November 8-14, 2010 as submitted by School District 197, seconded by Councilmember MacManus and carried. (4-0)
i. Update on 2010 Deer Hunt: Mayor Park asked Councilmember Williams to provide an update on the Deer Hunt activities.
Councilmember Williams reported that the scheduled dates for the deer hunt would be November 20, 21, 29, and 30, and December 10, 11; he explained that additional days during the week of December 13-17 may be used. He stated that all but one of the private landowner’s consent forms has been signed and upon receipt of that signature there would be three different hunting zones. He advised that each hunter will have a hunting permit in their possession during the hunt, as well as a parking permit for their vehicle. He explained that approximately 10 hunters will be used and an orientation meeting will be held on November 14 at the West St. Paul City Hall; hunters will go over the rules and be shown boundaries of the properties. He stated that he and a representative from the hunters association will be scouting perspective deer stand locations and posting the land.
Councilmember Williams noted that the City of North Oaks is reviewing the Sunfish Lake hunt regulations as a model for their City.|
Councilmember Williams stated there are a few issues that need to be addressed prior to the November 14 orientation meeting; 1) the hunters need a place to log in and out each day and he recommended the church parking lot at St. Anne’s Church; 2) the agreement states that the deer field dressed in Musser Park be done in an area approved by the Council representative and that the entrails be placed in a container provided by the City; and 3) the insurance details are being reviewed to insure everything is in order prior to the hunt.
Councilmember Williams asked for suggestions regarding placement of the entrails.
Councilmember Conant asked how other cities handle this matter.
Attorney Kuntz suggested placement of a dumpster in the park.
Councilmember Williams indicated that deer hunters normally scatter the entrails in the woods and that coyotes would eat them; he suggested that this could be done in remote areas of the park, not near trails where they could be seen by persons using the park.
Forester Nayes agreed that when hunting in state parks the hunters leave the entrails in the park for consumption by other animals.
After discussion, Council concurred that the offal could be left in Musser Park and should be distributed in remote areas away from any trails. It was further determined that the offal from hunts on private land should likewise be deposited away from houses and areas used by the homeowners.
Councilmember Williams stated he would contact the Tostruds to ask if the offal may be placed on their vacant land.
Council thanked Councilmember Williams for the report.
j. Other Business: Mayor Park asked if there was any further business for discussion.
Resident Jeannine Nayes distributed a letter sent by Councilmember Conant to residents in the City stating his support for certain candidates for Council and also a copy of her response to the letter. She asked if she should read the letter or just summarize her concerns expressed in the letter.
Mayor Park suggested that Ms. Nayes briefly summarize her concerns.
Ms Nayes stated she has been a resident for over four years and has served as Head Election judge in the past two general elections. She explained that just prior to the last election, Mr. Conant used his right of free speech to promote two candidates for council; she questioned his judgment in the use of innuendo, half truths and misleading statements to cast aspersion on the City consultants, one of which is her husband.
Ms. Nayes expressed concern with the statement in the letter that “there is a real potential for the City to be victimized by abuse, overcharging and outright fraud”, which is so broad that it implies all city contractors would risk their personal and professional reputations for personal gain at the taxpayer’s expense. She questioned the incident to which he is referring and if there is proof that the data provided by this consultant was “inaccurate” and that the consultant “hid data revealing it would have profited handsomely had the project been approved”.
Ms. Nayes commented that her husband’s reputation has now been called in question and that it is not his style or ethics to overcharge the City, hide data, or commit fraud. She noted that his work has been valued enough by the City that his budget has been increased since he was appointed. She also pointed out that at the last four Arbor Day festivals, even when he was not the official City Forester; his company provided free coffee and refreshment to the attendees. She noted that he follows the guidelines on reporting which resident he works for and that he is very clear to state when he is on official city business in the City and when he is performing work under his own business.
Ms. Nayes stated that in her opinion, Mr. Conant’s behavior needs to be called into questions by our residents. She pointed out that he is the person who put forth a motion that to pay Council for attending the meetings, which is a clear budgetary impact on taxpayers, and that he was not even present when the vote on this matter was taken. She further pointed out that she has been present at the two previous Council meetings and Mr. Conant was absent from one meeting and in the hallway on his phone for the majority of the second meeting.
Ms. Nayes stated that it is her belief that Mr. Conant’s actions call into question his judgment and ability to serve the citizens of Sunfish Lake and that she respectfully requests he publish a written apology for insulting her husband, the consultants and the Council whom he inappropriately maligned.
Mayor Park asked the City Attorney for guidance and if Council would be required to respond to Ms. Nayes letter.
Attorney Kuntz pointed out that if Councilmember Conant wishes to respond in a public forum he could do so, but noted that Mr. Conant’s letter was not sent to residents as a member of the Council and that he was not speaking on behalf of the City, therefore this is not a matter for Council response at this time.
Councilmember Conant stated that he stands by every letter and every sentence in that document. He stated that Ms. Nayes could have discussed the matter with him in private before engaging in a tirade against him this evening.
Mayor Park pointed out that there appears to be a lot of tension this evening and this may not be an appropriate forum to resolve this matter.
Councilmember Conant suggested that Ms. Nayes call him to discuss the matter.
Henry Hovey commented that he has been coming to Council meetings for the last 42 years and he has never seen a Councilmember as divisive as Roger Conant; he noted that Mr. Conant has picked on each of the staff members and that he should be ashamed of himself. He pointed out that during the Xcel Energy lawsuit, Mr. Conant’s involvement cost the City a substantial amount of money.
Councilmember MacManus commented that this is not appropriate and in her opinion it should not continue.
Mayor Park agreed that this may not be an appropriate venue for this discussion.
Councilmember Conant stated the comments are out of order.
Councilmember Williams commented that he assumes the statements made in Mr. Conant’s letter are personal and not in his capacity as a member of the council. He asked the City Attorney if it would be appropriate to have a discussion with the public as to the performance of Council at meetings.
Councilmember MacManus stated this should not be on an agenda.
Attorney Kuntz explained that Council should decide if a citizen forum is appropriate and then set a date and time for the discussion; he noted that certain guidelines for comments, time limits, etc. could be established and Council could respond to comments at that time. He indicated that in his experience with other communities it has not been found to be productive.
Mayor Park pointed out that the League of Minnesota Cities has monitored this type of forum for other communities and may be available to do so if Council determines a forum is appropriate in the future.
Mayor Park called for adjournment.
9. ADJOURN: Councilmember MacManus moved for adjournment at 9:15 p.m., seconded by Councilmember Williams 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.