SUNFISH LAKE CITY COUNCIL MEETING – FEBRUARY 9, 2010
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Molly Park
Councilmembers: Cathy DeCourcy, Judy MacManus, and Richard Williams.
City Attorney: Tim Kuntz
City Forester: Jim Nayes
City Engineer: Tim Hanson
City Treasurer: Mike Blair
City Clerk: Cathy Iago
Police Chief: Manila Shaver
Police Officer: Matt Muellner
and Members of the General Public.
Councilmember Roger Conant, Building Inspector Russ Wahl and City Planner Laurie Smith were 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.
Councilmember MacManus moved approval of the Agenda, seconded by Councilmember Williams 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 and there was no response.
Councilmember Decourcy moved approval of the Consent Agenda, seconded by Councilmember Williams and carried. (4-0)
a. Regular Council meeting minutes of January 5, 2010.
b. List of Bills
c. Monthly Financials
4. COMMENTS FROM THE PUBLIC: None.
5. PUBLIC HEARING: None.
6. PLANNING COMMISSION/PLANNER’S REPORT: None.
7. INSPECTOR’S REPORTS:
a. Building Inspector: City Clerk Iago reported that Inspector Wahl was unable to attend and that he advised her there were no permits issued or inspections conducted in January.
Mayor Park explained that Councilmember Conant had called her and explained he was ill and would not attend the meeting this evening. She further reported that Planner Smith had no report and therefore she would not attend the meeting this evening.
- City Engineer: Salem Church Road Reconstruction: Engineer Hanson explained that ASTECH Corporation has submitted a request for partial payment No. 2. He advised the request was reviewed and returned to the contractor for signature. He stated he has not received the signed payment voucher from the contractor.
Sunfish Lake Street Map: The Engineer stated that the 2010 City street map that was updated in December, 2009, was distributed to the Police Chief and Fire Chief. He distributed copies of the updated map for Council and staff. He noted that there are three (3) different maps; one copy is the regular map, one copy identifies public and private roads, and the third copy provides an aerial topography overview of the City.
NPDES Annual Public Hearing: Engineer Hanson advised that he is proposing to conduct the annual public hearing for the National Pollutant Discharge Elimination System (NPDES) MS4 Permit in April at the regularly scheduled Council meeting; a copy of the public notice for the hearing was sent with his report and would be discussed later on the agenda.
Public Works Activities Undertaken in the Month of January: Snow Removal: The Engineer advised the City street were plowed and sanded several times during January; he reviewed the dates listed in his report that the sanding and snowplowing events that occurred. He stated that these operations have been fairly extensive this winter season and that temperature conditions with moisture resulted in slippery street conditions. He noted that the maintenance efforts this winter have been above normal and that he has not received any comments or complaints regarding snow removal. He advised that in reviewing the streets they were found to be in typical winter driving condition and that Pine Bend paving has done a very good job with winter snow maintenance.
The Engineer explained that the City Treasurer advised him the snowplowing budget for this season has been depleted and that he would attempt to keep the costs for future plowing to a minimum. He advised that there are areas of the City that require removal of excess snow to improve sight lines for traffic, however, he indicated that he would wait until the next snowfall event to request the contractor remove the excess accumulation along these roadways.
Councilmember MacManus expressed her thanks for the condition of Charlton Road and noted that the road is in much better driving condition this year than in past years.
Mayor Park asked if there were any further comments or questions for the engineer.
Resident Mike Hovey recalled that the engineer had reported at an earlier meeting that a traffic count was conducted on Charlton Road and asked if the engineer had found out who requested the study and why it was conducted. He further questioned if the information gathered relates to the proposed interchange at Delaware and I-494.
Engineer Hanson advised that Mn/DOT conducted the study; he commented that to his knowledge it was a standard bi-annual data collection study, although it is possible it may be used for future studies such as the proposed interchange.
The Engineer commented that he has toured the City streets and he commended residents for doing their part to insure the roads remain clear of excess snow when plowing their private roads and driveways.
Council thanked the Engineer for his report. - CITY FORESTER: Forester Nayes reported that he issued two (2) Burning Permits in January. He distributed informational materials relating to Emerald Ash Borer and a proposed resolution relating to how residents may handle possible future problems with insect infestation. He indicated that the first word in the resolution should be changed from “ban” to “discourage”, since he does not believe the City has the authority to ban plantings of Ash trees. He explained that he would prepare materials relating to a policy for handling this issue for discussion at a future meeting.
The Forester stated he has completed the Tree City USA application and the information relating to Invasive Species; he noted that he would present the Evasive Species information to the Planning Commission at their next meeting.
Forester Nayes advised he has been in contact with the Land Trust for Musser Park regarding acquiring land for access to the park from Salem Church Road and stated he will keep Council informed on this matter.
The Forester advised that Arbor Day has been scheduled on May 1, 2010 and trees will be available for sale. He further stated that he is working on a brochure for residents regarding what to plant after removal of Buckthorn from their property.
Mayor Park asked if the Forester would have any shrubs available at the Arbor Day celebration and the Forester responded that has not yet been confirmed.
Forester Nayes advised that he had reviewed the bee hives at the Williams property; he stated that there are no bees currently on the property and that in his opinion Councilmember Williams has made good choices for the hives.
Council thanked the Forester for his report. - PUBLIC SAFETY: Chief Shaver and Officer Muellner were present. The Chief advised that there is a vacant property at 3255 55th Street that has had previous criminal activity on the property; he requested that residents in that area contact the police department if they see any activity on the property. He also advised that a resident on Charlton Road reported a theft of firewood and asked that residents attempt to get a license plat number if they notice any pickup trucks in the area that contain firewood. The Chief further reported that there was a person ice-fishing on Sunfish Lake and that they did have permission from a property owner, but they did not obtain a form from the police department; he requested that if permission is granted by a resident they request the person obtain a permission form from the police department before fishing on the lake.
Mayor Park asked if the owner of the property on 55th Street has been contacted regarding activities at that location and Chief Shaver responded yes.
Council thanked Chief Shaver for his report.
8. NEW/OTHER BUSINESS:
a. Consider Resolution Approving Contract with Metro Bowhunters Resource Base, Inc. and Approving
Acceptance of DNR Special Deer Hunting Permit: Attorney Kuntz distributed a booklet containing the various resolutions passed by Council relating to the proposed deer hunt to be conducted in the City. He explained that the City has negotiated the terms and conditions of proposed deer hunt with the Metro Bowhunters Resource Base, Inc. and that they are contained in the proposed resolution presented this evening for Council approval. He explained that at the last meeting Council authorized the dates and time-frame for conducting the hunting during a three week period in February and March, three days per week and only in Musser Park. He noted that the proposed resolution also accepts the permit issued by the Department of Natural Resources (DNR) to conduct the hunt. He advised that he has not yet reviewed the final permit executed by the DNR.
Mayor Park explained the permit was sent to her and gave it to the Attorney to review. She also noted there was a form attached to the permit relating to “tagging” the deer.
Officer Muellner explained that the form would be returned to the DNR after the hunt and that he would insure the form and the permit are in possession of the hunters while transporting the deer.
Attorney Kuntz advised that there is a meeting scheduled tomorrow with the DNR and if Council approves the resolution, the Mayor and Clerk would sign copies of the permit to be taken to that meeting.
The Attorney stated that Councilmember Williams and Officer Muellner have indicated they are comfortable with terms of the contract and the permit and both recommend adoption of the proposed resolution.
Attorney Kuntz advised that the Metro Bowhunters Resource Base, Inc. has provided the City with a copy of the insurance certificate that names the City as an additional insured.
Councilmember Williams explained that a question was raised regarding whether or not the bait would be removed between the days when hunting occurs and he advised it would not be removed. He explained that the Notice to Residents includes information regarding the ban on feeding deer and apologized that the notice was not prepared earlier for distribution. He advised that the notice contains information regarding why the hunt is taking place, since only a small number of residents attend meetings or read information on the website.
Councilmember Williams commended Officer Muellner for his assistance with this matter and noted that he does not believe all this could have been accomplished without his assistance.
Councilmember DeCourcy asked if the hunters would be targeting does rather than 12-point bucks.
Councilmember Williams explained that the hunters would attempt to target does, but may also remove Bucks. He explained that the antlers must go with the deer therefore they could not be taken as a trophy.
Officer Muellner pointed out that the hunters will attempt to remove any deer near the bait and advised that they are attempting to reduce the herd, not hunting for antlers.
Mayor Park asked if there would only be four (4) hunters at a time. Councilmember Williams explained that they may use their discretion; however they are somewhat limited by the size of the park. Officer Muellner explained that there would be as many hunters as there are bait piles and that the hunters determined four would be sufficient.
The Mayor asked if the parking issues have been resolved. Councilmember Williams explained that would be discussed at the meeting with the DNR and hunters scheduled tomorrow; he advised that he would allow the hunters to use his property to park their vehicles and also access the park. He stated that he has also attempted contacting Mr. Kampmeyer regarding use of his property for access to the park.
Mayor Park asked if entrance to the park would be roped. She expressed concern regarding private property that abuts the park.
Councilmember Williams responded it would not be roped off, however, he explained that all entrances or areas where the hunters believe access could be gained to the park will be posted. He also noted that essentially the hunting will occur during daytime hours when children are in school.
Chief Shaver questioned if notification to residents would be mailed or if the police department could be of assistance to hand deliver the notices. Mayor Park explained that she would be mailing the notices to residents and thanked the Chief for offering to assist.
The Attorney explained that if Council concurs, they should adopt the resolution approving the contract and accepting the DNR Special Deer Hunting Permit. He advised that the documents could be signed this evening and submitted to the DNR at the meeting scheduled for tomorrow.
Mayor Park asked if there were any questions or comments and there was no response.
Councilmember Williams moved to adopt Resolution No. 10-05 titled, RESOLUTION Approving CONTRACT WITH METRO BOWHUNTERS RESOURCE BASE, INC. AND APPROVING ACCEPTANCE OF DNR SPECIAL DEER HUNTING PERMIT, seconded by Councilmember MacManus.
In discussion, Councilmember DeCourcy explained that she had read information from Mr. Jim Gilbert of WCCO that indicated it was best to cull the young deer from the herd and leave the older deer.
Officer Muellner advised that the hunters would follow any regulations imposed by the City. Councilmember Williams pointed out that taking does effectively reduces the deer population and that the hunters could be advised the City would prefer they take deer without antlers, but not restrict them only to does. Council concurred.
Mayor Park called the question.
Motion carried. (4-0)
b. Consider Request to Authorize Expenditure for Engineer to Prepare MS4 Permit: Engineer Hanson explained that funds have been budgeted for the engineering firm to prepare the annual report in conjunction with the public hearing scheduled in April. He advised that although this is a budgeted item, a motion to authorize the expenditure is necessary.
Mayor Park asked if this report would be for the year 2009 activities. Engineer Hanson responded yes and noted the report is due for submission in June, 2010.
Councilmember DeCourcy moved to authorize the expenditure of $2,000 for the Engineer to prepare the 2009 Annual Report in conjunction with the NPDES MS4 Permit and schedule a Public Hearing on the Storm Water Pollution Prevention Program (SWPPP) at the April 6, 2010 regular Council meeting, seconded by Councilmember Williams and carried. (4-0)
c. Consider Resolution Authorizing Extension of Completion Dates Under Development Contracts for Lot 1, Block 1 and Lot 2, Block 1, Mullery Acres: Attorney Kuntz explained that in November, 2009, Mr. Kampmeyer requested an additional 90-day extension of the deadline to file the Mullery Acres plat; the deadline was approved by Council to January, 2010. He explained that he was contacted by Mr. Kampmeyer on January 4, 2010 and was advised that Mr. Kampmeyer’s mortgagee had placed a mortgage on the wrong parcel by mistake and therefore he is requesting another extension for filing to May 1, 2010.
The Attorney advised that if Council concurs with the request, they should adopt the proposed resolution which extends the filing date for the Mullery Acres plat to May 1, 2010.
Mayor Park asked if there were any questions or comments and there was no response.
Councilmember Williams moved to adopt Resolution No. 10-06 titled, RESOLUTION AUTHORIZING EXTENSION OF COMPLETION DATES UNDER DEVELOPMENT CONTRACTS FOR LOT 1, BLOCK 1 AND LOT 2, BLOCK 1, MULLERY ACRES, seconded by Councilmember MacManus and carried. (4-0)
d. Consider Request From City Clerk for Registration and Lodging Fees for MCFOA Annual Conference Attendance: City Clerk Iago referred to her memorandum dated February 6, 2010, requesting funds to attend the Minnesota Clerks and Finance Officers Association (MCFOA) Annual Conference, March 16-19, 2010 in St. Cloud, Minnesota. Clerk Iago explained that this is budgeted item and that the conference registration fee had slightly increased from last year. The Clerk also advised that there would be an election training component that is conducted by the Secretary of State’s office at the conference this year.
Mayor Park explained that she has been told by city clerks in other communities that Ms. Iago is well known and respected as a mentor and informational resource for other city clerk’s throughout the State of Minnesota. She commented that she believes the conference provides excellent educational benefits for clerks.
Councilmember Williams moved to authorize the reimbursement of registration and lodging expenses for the City Clerk to attend the Minnesota Clerks and Finance Officers Association Annual Conference, March 16-19, 2010 in St. Cloud, Minnesota in an amount not to exceed $350 as requested, seconded by Councilmember DeCourcy and carried. (4-0)
e. Other: New Website Development: Mayor Park asked Mike Hovey to provide a brief overview of the new website development.
Mike Hovey stated that he had met with the Mayor, Andrew Park, and Adina Overbee to discuss various aspects of the new website. He explained that the City’s website is currently hosted at a cost of $20 per month and Andrew suggested an alternative site that would cost $4.95 per month and would be a 3-year contract. He advised the software would also be easier to work with and more user friendly than the current website.
Mr. Hovey pointed out that the new website would contain more information, photographs of the city and that it will be enhanced with links to other pertinent organizations. He requested that Council authorize beginning the new contract in April.
Mayor Park indicated that she does not believe that would not be necessary since Council had authorized the change a few months ago. She advised that she will email information to the Clerk and request that it be distributed to Council for their review.
Mike Hovey explained that the City received a donation to develop a new website and asked if Council would authorize starting earlier than April.
Councilmember DeCourcy moved to authorize Webmaster Mike Hovey to enter a contract with the new website host as outlined in his report, seconded by Councilmember MacManus and carried. (4-0)
f. Airport Noise Oversight Committee Report: Mayor Park explained that the Sunfish Lake Airport Noise Oversite Committee Representative, Gretchen Keenan, has reviewed the MSP Airport Draft 2030 Long Term Comprehensive Plan. She reported that Ms. Keenan prepared a power-point presentation that outlines key concerns related to the City of Sunfish Lake and also a proposed action plan for Council review.
The Mayor explained that Ms. Keenan has drafted a letter to be signed by the Mayor and forwarded to John Bergman, Chair of the Noise Oversight Committee; the letter lists the key concerns outlined in her presentation. She further explained that the letter must be forwarded immediately to the Chair of the committee and asked that Council review the information and then consider if they wish to have the Mayor sign and submit the letter on behalf of the City. She advised that the letter is modeled after all participating cities letters and must be mailed by February 19, 2010.
Mayor Park noted that as part of the Action Plan Ms. Keenan suggested review of the information by the Planning Commission; however, the Mayor asked the City Attorney if it would be necessary for the Commission to review the information since it is being done by Council. Attorney Kuntz responded that it would not be required since Council is reviewing the information.
Mayor Park asked if Council approval is necessary prior to submitting the letter and Attorney Kuntz responded that because the response is based on concurrence by the entire Council, he suggests formal action by taken.
Mayor Park asked if Council had any questions or concerns and there was no response.
Councilmember Williams moved to authorize the Mayor to sign the letter prepared by Gretchen Keenan for submission to the Metropolitan Airports Commission, seconded by Councilmember DeCourcy and carried. (4-0)
g. Discussion of Acorn Drive Early Bond Payment: Attorney Kuntz advised Council that the City Treasurer had prepared an analysis relating to the proposed payoff of the Acorn Drive Bond issue. He recalled that Council had discussed adopting a resolution in February of 2010 that gave notice for prepayment of the bond issue in February, 2011. He advised that Treasurer Blair had contacted the bank and found that the bank is willing to accept prepayment of the bond without any penalty. He pointed out that the analysis was prepared to show that if the City prepays half of the amount, $48,000, there would still be sufficient reserve funds to maintain the cash flow for the year. He suggested that Council review the analysis history and staff would prepare a report for formal consideration at the next regular meeting.
Councilmember Williams questioned if the payment would be made in 2011 if Council authorizes the prepayment at the next meeting. Treasurer Blair explained that the bank advised him the prepayment could be made this year without penalty.
The Treasurer reviewed the analysis and explained that if the City makes a pre-payment on the bond issue it would save approximately $10,000 interest and would not jeopardize the financial position of the City for the remainder of the year.
Councilmember DeCourcy commented that the reserve funds may be needed for snow removal; Treasurer Blair indicated that reserve funds are used for such purposes.
After discussion, Council concurred to direct staff to prepare a formal request for the March meeting.
h. Consider Arbor Day Proclamation: Forester Nayes asked that Council adopt the Proclamation declaring May 1, 2010 Arbor Day in the City of Sunfish Lake. Mayor Park read the proclamation.
Councilmember Williams moved, to adopt the Arbor Day Proclamation declaring May 1, 2010 as Arbor Day in the City of Sunfish Lake, seconded by Councilmember MacManus and carried. (4-0)
Mayor Park asked if there was any further business and there was no response.
9. ADJOURN: Councilmember Williams moved for adjournment at 8:00 p.m., seconded by Councilmember MacManus and carried. (4-0)
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.