SUNFISH LAKE CITY COUNCIL MEETING – JANUARY 5, 2010
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Molly Park
Councilmembers: Cathy DeCourcy, Judy MacManus, Richard Williams and Roger Conant.
City Attorney: Tim Kuntz
City Building Official: Russ Wahl
City Forester: Jim Nayes
City Planner: Laurie Smith
City Engineer: Tim Hanson
City Treasurer: Mike Blair
City Clerk: Cathy Iago
Police Chief Manila Shaver
and Members of the General Public.
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 Williams stated he would make a report on the deer hunt under Other Business.
The Mayor asked if there were any further additions and there was no response.
Councilmember DeCourcy moved approval of the Agenda with the addition of the Deer Hunt report, seconded by Councilmember Williams and carried. (5-0)
3. CONSENT AGENDA: The Mayor asked if there were any questions or comments relating to any items on the Consent Agenda.
Councilmember Conant stated he noticed that the corrected minutes from last month were not placed on the website and questioned when that would occur. He also noted that the minutes do not contain the full version of resolutions passed by Council and questioned if the resolutions could be included on the website for residents to review.
Mike Hovey explained that normally he would post the corrected minutes as soon as he receives them; however, he had some problems with his computer so there was a slight delay in posting the corrected minutes. He stated that he could post the resolutions if they are sent to him.
Clerk Iago stated she would arrange to have the resolutions posted on the website.
Councilmember Williams suggested a book of the resolutions be compiled and Clerk Iago responded that she does create a book of the resolutions on an annual basis.
Mayor Park noted that the structure of the website is changing and that additional information may be posted.
Councilmember Conant stated that during his review of the List of Bills there was a reference to hours accumulated for a dinner meeting prior to the Council meeting; he questioned if it is a common practice for staff to bill for this time.
Planner Smith explained that it has been past practice to bill for the dinner meeting as it is the only time the entire staff is together for a meeting prior to the Council meeting.
Councilmember Conant pointed out that the City Attorney does not list the hours on his billing statement and Attorney Kuntz stated he does not bill the City for this time.
Mayor Park explained that staff used to meet at Southview County Club and that the cost of dinner was billed to the City; she advised that dinner at the country club was discontinued when the former City Clerk retired.
Treasurer Blair pointed out that some staff members are reimbursed for dinner and time and some are not.
Councilmember Conant explained that his concern is not with the cost of the meal, but that it should be consistent for all staff members. He suggested this be discussed at a later time.
Councilmember Conant referred to the payment of $100 to Andrew Park, the Mayor’s son, for graphic design. He stated that he has no objection to the Mayor’s son doing the work, but questioned if it was appropriate to pay a family member of an elected official.
Mayor Park explained that in the past the City paid Curtis Smith for graphic design and that the payment to Andrew was less expensive for the work done on the website. She reminded Council that the website restructuring is to be funded by a citizen donation.
Treasurer Blair explained that the Mayor had disclosed this information at the last meeting. Mayor Park advised that she had also discussed the matter with Attorney Kuntz to determine if it was appropriate.
Councilmember Conant asked the Attorney if he saw any problems with hiring Andrew and Attorney Kuntz responded no.
Mayor Park asked if there were any further comments and there was no response.
Councilmember MacManus moved approval of the Consent Agenda, seconded by Councilmember Williams and carried. (5-0)
a. Regular Council and Special Council meeting minutes of December 1, 2009.
b. List of Bills
c. Monthly Financials
Councilmember Conant advised that he missed the declaration by the Mayor regarding hiring her son for the website graphics and commended her exemplary contemplation to follow procedures by also asking the Attorney.
4. COMMENTS FROM THE PUBLIC: None.
5. 2009 STANDARD BUSINESS PROCEDURES:
a. Appointment of Acting Mayor: Mayor Park recommended the appointment of Councilmember DeCourcy to serve as Acting Mayor in her absence in 2010. Council concurred with her recommendation.
Councilmember Conant moved to approve the appointment of Councilmember DeCourcy to serve as Acting Mayor in the absence of the Mayor in 2010, seconded by Councilmember Williams and carried. (5-0)
b. Appointment of Planning Commissioners and Chair: Mayor Park recommended the reappointment of Commissioners JoAnne Wahlstrom and Andrea McCue to serve three-year terms commencing January 1, 2010 and she further recommended that Commissioner McCue serve as Chair of the Planning Commission in 2010.
Councilmember Williams moved to accept the recommendation of the Mayor and reappoint Andrea McCue as the Planning Commission Chair for 2010 and the reappointment of Planning Commissioners Andrea McCue and JoAnne Wahlstrom for three-year terms commencing January, 2010, seconded by Councilmember MacManus and carried. (5-0)
c. Memo and Resolution Designating Official Newspaper: Mayor Park distributed a letter from the Lillie Suburban Newspaper, Southwest Review, requesting the City designate their publication as the official legal newspaper in 2010. She noted that the Southwest Review also serves as official newspaper for all of the surrounding cities and recommended designating the Southwest Review as the official newspaper
Councilmember Conant asked how the rates compare to last year.
Treasurer Blair stated that the publication rates appear to be similar to last year and are very reasonable.
Mayor Park noted that early in her term she asked the Sun Current to provide a bid for this service and their rates were more expensive.
Councilmember DeCourcy stated she does not receive the Southwest Review.
Councilmember Conant explained that he did not receive the newspaper until he called and asked that it be delivered; he suggested that anyone who does not receive the paper should call and request delivery.
Mayor Park asked if there were any comments and there was no response.
Councilmember DeCourcy moved to adopt Resolution No. 10-01 titled, RESOLUTION DESIGNATING THE SOUTH-WEST REVIEW NEWSPAPER AS THE OFFICIAL NEWSPAPER FOR THE CITY OF SUNFISH LAKE for 2010, seconded by Councilmember Williams and carried. (5-0)
d. Memo and Resolution Designating Official Depositories for City Monies: Mayor Park explained that each year the City designates official depositories for City funds.
Treasurer Blair explained that he and Councilmember Conant had discussed with Council the possibility of an additional depository being added to the list; he explained that he had discussions with a representative from Wells Fargo Advisors (Wachovia) and that this gentleman works with several other cities and was highly recommended. He noted that by designating Wells Fargo Advisors as an additional depository the City retains the option to use them in the future. He explained that all of the depositories listed are FDIC insured.
Councilmember Williams questioned if a depository could be added mid-year or removed if Council wishes to change and the City Attorney responded yes.
Treasurer Blair stated that interest rates are extremely low at this time and advised that he would review the depositories within the next few months to insure the City receives the best rates.
Mayor Park asked if there were any further comments and there was no response.
Councilmember Williams moved to adopt Resolution No. 10-02 titled, RESOLUTION DESIGNATING FUND DEPOSITORIES FOR THE CITY OF SUNFISH LAKE, seconded by Councilmember Conant and carried. (5-0)
e. Appointment of Weed Control Manager: The Mayor recommended delegating the Weed Control Manager duties to the City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc.
Councilmember Conant reviewed the law which states that if there are prohibited noxious weeds the person who controls the public land shall control the noxious weeds and stated that he believes the law applies to both public and private land.
Councilmember Williams advised that he is unsure if the City has the authority to enforce the law within the City Code.
Forester Nayes explained that the law referenced by Councilmember Conant is in the process of changing and that the State Legislators are currently holding meetings on the new rules this month. He explained that if a complaint is received, he may access a property to determine if there are noxious weeds, but indicated it is not his intent to walk through the entire City to review all properties. He suggested that if noxious weeds are seen, they should be reported to him; however, he noted that he believes the City has the ability to control noxious weeds, but it would not be feasible to eradicate all of them. He pointed out that the previous law was based on agricultural issues and that the new law may be geared more toward urban cities.
Councilmember Conant pointed out that it is useful to know the City does have the authority to ask for noxious weed removal.
Mayor Park asked if there were any further comments and there was no response.
Councilmember DeCourcy moved to ratify the appointment of City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager, seconded by Councilmember Conant and carried. (5-0)
6. INSPECTOR’S REPORTS:
a. Building Inspector: Inspector Wahl introduced David Neameyer who was appointed by Council to conduct inspections in the City of Sunfish Lake in the absence of the Building Inspector.
Councilmember Conant commented that Mr. Wahl had stated Mr. Neameyer was familiar with the inspector’s responsibilities but not as familiar with Sunfish Lake regulations.
Mr. Neameyer explained that he has been an Inspector for the City of Inver Grove Heights for 13-years and also serve as inspector for 2-years with the City of Northfield. He stated he is a licensed Building Official with the State of Minnesota and has credentials to conduct inspections. He further advised he is also a licensed Septic System Inspector.
Council thanked Mr. Neameyer for his attendance.
Inspector Wahl stated he conducted six (6) inspections and issued two (2) permits in December.
Council thanked the Building Inspector for his report.
- 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 only recently received and is being reviewed. He explained that this is not a final payment and would be placed on the next agenda for Council approval.
Traffic Counts on Charlton Road: The Engineer stated that Mn/DOT completed the traffic counts on Charlton Road as data collection for Trunk Highway (TH) 110. He advised that traffic counts were also completed on TH 110 at or near the Charlton Road/TH 110 intersection He explained the 3-day count had an average daily traffic volume ADT on Charlton Road of 100 vehicles per day. He further advised that Charlton Street to the north had 1,220 ADT and TH 110 eastbound was 12, 700 ADT and westbound was 12, 270 ADT.
Public Works Activates Undertaken in the Month of December: Snow Removal: The Engineer reviewed the snow removal and sanding events that occurred during the month of December as listed in his report dated December 30, 2009. He stated that one resident asked for additional sanding on Acorn Drive and that it was done.
Councilmember Conant asked if the Engineer had any idea what percentage of the traffic count on Charlton Road was cutting through versus a specific destination.
Engineer Hanson responded no and explained it was merely a traffic counter placed on the road therefore a specific destination could not be determined.
Council thanked the Engineer for his report. - CITY PLANNER: Planner Smith advised that there was no meeting in December and therefore nothing to report.
Council thanked the Planner for her attendance. - CITY FORESTER: Forester Nayes reported that he issued two (2) Burning Permits in December. He explained that he had researched the management and enforcement issues related to Buckthorn and Burdock removal and suggested that the City may be able to place enforcement criteria under the Nuisance section of the City Code. He distributed information on noxious weeds that he had taken from the Minnesota Department of Agriculture’s website.
Councilmember Conant advised that he had been informed there was a process to petition the County to have certain species of plants designated as noxious weeds and asked if the Forester had any knowledge of this process.
Mr. Nayes responded that he was aware of the process and provided a brief explanation regarding an area in Rosemount that had a large infiltration of Spotted Knapweed; he pointed out that the process appeared to work when several governing units together petitioned to have a species added to the list. He further noted that the City would still have to provide funding for the removal of noxious weeds and that it is unlikely that some weeds, such as Buckthorn, would be added to the list.
Councilmember DeCourcy pointed out that Spotted Knapweed has a lovely flower, but agricultural residents do not like it. Councilmember Williams agreed that the agricultural contingency is a driving force in the control of what they consider noxious weeds; he noted that some plant species were introduced as ornamental by homeowners and are not considered harmful if controlled.
Mr. Nayes agreed that exotic plants do not get diseases and cannot be controlled by insect populations, such as Buckthorn.
Council thanked the Forester for his report. - PUBLIC SAFETY: Chief Shaver reviewed the Public Safety report for December and noted that the cold weather significantly reduces crime. He explained that the department received a call regarding ice fishing on Sunfish Lake; however, upon arrival by police the person was gone. He advised that he was unsure how the person gained access to the lake. He also noted that the department responded to a call regarding a suspicious vehicle parked on a residential street and found a gentleman that was checking information on his computer while parked in the City.
Councilmember Williams asked Chief Shaver if the police personnel would be available to post signs regarding the deer hunt in Musser Park and the Chief responded yes.
Councilmember Williams explained that he would report on the deer hunt and that he had excused Officer Muellner from attending this evening since it was his regular day off.
Council thanked Chief Shaver for his report.
7. NEW/OTHER BUSINESS:
a. Consider Employment Agreements and Independent Contractor Agreements: Attorney Kuntz explained that the compensation terms for the positions of City Clerk, City Administrator, City Treasurer and City Forester expires on December 31, 2009 and that the Council normally discussing compensation during the month of December and makes a recommendation at the January meeting. He explained that the proposed resolution does the following for each position; extends the contract for the City Forester for one year and sets the hourly rate at $40; extends the City Treasurer term for one year and address compensation with no rate change at 62.50 per hour; extends the Clerk Administrator term for one year and includes a 3-percent compensation increase for 2010; extends the City Clerk employment agreement and includes a 3-percent compensation increase for 2010.
The Attorney explained that if Council concurs, adoption of the resolution includes extension of the terms and compensation increases as outlined.
Councilmember Williams moved to adopt Resolution No. 10-03 titled, RESOLUTION Approving Addendum No. 3 to Employment Agreement between the City and Catherine Iago FOR CITY Clerk Services and Addendum No. 3 to Employment Agreement between the City and Mike Blair for City Treasurer Services and Addendum No. 1 to Independent Contractor Agreement between the City and Living Sculpture Tree and Shrub Care, Inc. for City Forester Services and Addendum No. 1 to Independent Contractor Agreement between the City and Iago Consulting, LLC, seconded by Councilmember DeCourcy and carried. (5-0)
In discussion, Councilmember Conant questioned if the resolution extends the terms and addresses compensation for all the contracts. Mr. Kuntz explained that the City Clerk and Treasurer are considered City employees and may be terminated at will by Council; he explained the addendum for both employees agreements are renewed each year.
Councilmember Conant questioned how the compensation is determined.
Mayor Park explained that Council included a 3 percent increase for the City Clerk/Administrator during budget discussions. She also noted that Council included an extra $10,000 in the budget to cover additional costs for the City Forester’s services that are deemed necessary by Council.
Councilmember Conant stated he is uncomfortable granting an increase only to the Clerk and Administrator and suggested he would be more comfortable including a small percentage increase for the Treasurer and Forester positions; he suggested a 2-percent increase for the two positions.
Council concurred that a 2-percent increase would be appropriate.
Councilmember Williams pointed out the difference is that some consultants are paid an hourly wage, while others are under a contract fee or are salaried; he stated that although there is somewhat of a difference between the hourly employees and fee or salaried consultants, he agrees with the proposal.
Councilmember Conant moved to amend the Resolution to include a 2-percent compensation increase to the hourly rate for the positions of City Treasurer and City Forester, seconded by Councilmember DeCourcy and carried. (5-0)
Mayor Park asked if there was any further discussion and there was no response.
b. Other: Report on Deer Hunt: Councilmember Williams distributed an informational materials relating to the proposed Deer Hunt to be conducted in the City.
Councilmember DeCourcy asked if the culling would be only for does. Councilmember Williams that he is unsure, however, under the rules of the professional hunters association no antlers can be taken from deer that are killed.
Councilmember Williams stated that he had met yesterday with Officer Muellner and a representative from the Bow Hunters Association to resolve the questions raised by the City Attorney. He explained that the group used the City of Shoreview’s contract as a model for Sunfish Lake and that the group agreed on the following items:
1. The hunt should occur on weekdays versus weekends and the bow hunters indicated that it is better not to hunt on consecutive days. The DNR permit provides for an expiration date of March 15, 2010 and accordingly the hunt could be schedule for two days per week over several weeks in February and early March, depending on weather.
2. The bait used would be corn and the City would reimburse the bow hunters for the cost of the bait; the approximate cost would be $200.
3. The bow hunters requested that the City be named as an additional insured; the cost in the case of Shoreview was $50 to add the City to the insurance policy and the association will verify this cost.
4. The bow hunters will comply with all permit conditions and suggested that contact be made with the DNR to determine if in lieu of field dressing the deer and delivering them to the DNR in Rosemount, the City asked the DNR if an approved organization could pick up the whole undressed deer carcasses at the end of each day’s hunt. This eliminates the need to field dress the deer on site and transport the carcasses. Officer Muellner will contact the DNR to amend the permit so that this option is available.
Councilmember DeCourcy asked if citizens could obtain a deer carcass. Councilmember Williams responded no and explained the carcasses must be donated to non-profit organizations.
Councilmember DeCourcy stated that she believed the hunt would occur during the month of January and not be extended over a three-month period.
Councilmember Williams explained that there were several issues to resolve and therefore the hunt would be somewhat delayed; he further noted that the hunt would only occur two days per week since the hunters indicated it is preferable not to use consecutive days for hunting and that could extend the time period for the hunt.
Councilmember Williams stated that another issue discussed was the posting of the hunt and the Police Department has agreed to do the posting. He explained that the area would not actually be roped off and that Council should discuss how residents will be notified as to the days and times the hunt will occur.
Mayor Park pointed out that students have a mid-winter break in March and that the hunt should be coordinated to coincide with that time period. She also asked if the bait would be removed on the days between the hunting times.
Councilmember Williams responded that it is his hope the hunt will be completed during the month of February and not extend into March during the mid-winter break. He further responded that he believes the hunters will remove the bait on the days they are not hunting.
Councilmember Williams returned to the issues discussed by the group:
5. The Hunt rules are essentially protocol followed by the Bow Hunter Association and Council should consider a policy to permit hunting from tree stands since the do not result in any damage to trees. The hunters have requested they be able to leave the trees stands in place until the hunt is concluded rather than having to put them back up on a daily basis.
6. The Association requested they be allowed to cut down Buckthorn to clear shooting lanes to the bait areas.
7. A parking permit should be issued to allow hunter to access the park. It was suggested that the hunter could park on upper East 60th street to access the park from the south; however there should be discussions with Mr. Kampmeyer and Mr. Mullery to discuss additional access from their properties since those areas would provide the shortest possible route to the park. There would be approximately four (4) hunters in the park at one time.
Mayor Park pointed out that the City does not own any property along Salem Church Road where access could be gained; she indicated that permission would have to be obtained to use the Kampmeyer or Flynn properties for access.
Councilmember Williams offered to contact Mr. Kampmeyer to discuss permission for access to the park from his property.
Councilmember Williams explained that the hunters would use flashlights and whistles to warn each other during the hunt.
Councilmember Williams pointed out that there is resident living adjacent to Musser Park who feeds the deer and if they continue to do so, the use of bait will be less effective. He suggested this resident be contacted and advised that it is inappropriate and in violation of the City Code to feed the deer. He explained that this person should be advised that destruction to vegetation and property occurs when the deer population increases due to feeding and that it is important for them to stop feeding the deer if the City is spending the time and effort to cull the herd.
Mayor Park thanked Councilmember Williams for his report and asked if there were any questions.
Attorney Kuntz explained that Council should come to a consensus on the issues discussed and provide direction to staff at this meeting to determine the time-frame for the hunt so that a resolution may be adopted. He noted that the issues to be resolved include the following; hunting only on weekdays; limiting hunting to two or three days per week during the months of February and March to coincide with mid-winter student break; requesting the association to contact a staff person 24-hours in advance of days the hunting will occur; finalizing a contract with the Association to conduct the hunt; and identifying a process for notifying citizens far enough in advance of the hunting period.
In discussion Council concurred that the hunting period occur during the months of February and March and that the dates established consider mid-winter break for students. It was further determined that the number of deer to be taken during the hunt be forty (40) as listed in the DNR permit and that the residents be notified in a timely manner.
Councilmember Williams questioned if the resolution could be adopted at this meeting. Attorney Kuntz responded that if Council concurs with the items as discussed it would be appropriate to take action this evening rather than wait until the February meeting. He noted that the February meeting has been delayed an additional week due to precinct caucuses which would further delay the hunting time period.
Councilmember Conant questioned what methods would be used to notify residents.
Councilmember Williams stated that in his opinion the nature of the hunt warrants a mailing to each household.
Councilmember DeCourcy pointed out that the hunt could become an attractive nuisance for children. Mayor Park commented that hopefully the hunt will occur when the children are in school.
Councilmember Conant indicated it maybe feasible to produce the mailing to residents prior to the February meeting. He commented that if the hunt occurs while school in not in session it may be possible to recruit volunteers to be stationed at the park to prevent anyone not hunting to access the area.
Mayor Park stated that in her opinion it would be appropriate to take action this evening.
Councilmember Williams summarized the issues discussed for inclusion in the resolution as follows:
The hunt would occur during the last two weeks in February and the first week in March on two or three weekdays per week; Councilmember Williams will obtain a signed contract with the Association and work to get permission from adjacent property owners to gain access to the park during the dates the hunt occurs and to place bait.
Council concurred with the summary as outlined by Councilmember Williams.
Councilmember Williams moved to adopt Resolution No. 10-04 titled, A RESOLUTION AUTHORIZING LIMITED DEER CONTROLLED BOW HUNTING IN MUSSER PARK DURING THE MONTHS OF FEBRUARY AND MARCH, 2010 with the issues as discussed and approved by Council, seconded by Councilmember Conant and carried. (5-0)
Mayor Park asked the City Attorney to prepare the resolution for Council review at the February meeting.
Councilmember DeCourcy commended Councilmember Williams for his work on this matter.
Councilmember Williams asked the City Attorney if it is appropriate for the City to enter into a contract with the Association since the issues have been resolved and Attorney Kuntz responded yes.
Attorney Kuntz questioned who would prepare the mailed notice and when the City should send the notice to residents.
Councilmember MacManus suggested it should be sent as soon as possible.
Attorney Kuntz suggested that Council pass a motion designating who will prepare the notice and when it would be sent.
Councilmember Williams offered to draft the notice and Mayor Park offered to sign the letter; Council concurred that the notice should be mailed no later than January 25, 2010.
Councilmember Williams moved to authorize the preparation of a mailing to residents regarding the controlled deer hunt in Musser Park to be mailed no later than January 25, 2010, seconded by Councilmember MacManus and carried. (5-0)
Councilmember Conant expressed concern regarding the two resolutions passed this evening without Council reviewing a written document.
Clerk Iago explained that only one resolution was actually adopted, the mailing was only a motion; she advised that the City Attorney would prepare the resolution for Council review at the February meeting and if any changes are deemed necessary it could be amended at that time.
Councilmember MacManus questioned the fact that the City has no access to Musser Park from Salem Church Road and if the City should take steps to rectify this matter. Councilmember Williams indicated that it may be possible to create some type of access from the roadway.
Engineer Hanson explained that it may not be possible given the steep topography in the area.
Councilmember Williams pointed out that there is no quality access from the south of the park either.
Council concurred that these access issues are items for future discussion.
The Mayor asked if there was any further business and there was no response.
9. ADJOURN: Councilmember MacManus moved for adjournment at 8:20 p.m., seconded by Councilmember DeCourcy and carried. (5-0)
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.