SUNFISH LAKE CITY COUNCIL MEETING – AUGUST 4, 2009

7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH

Attendants:

      Mayor:  Molly Park

      Councilmembers: Cathy DeCourcy, Judy MacManus, and Roger Conant.

      City Attorney:  Tim Kuntz

      City Engineer:  Chris Hartzell
      Building Official:  Russ Wahl

      Interim City Forester: Jim Nayes

      City Treasurer:  Mike Blair

      City Clerk:  Cathy Iago
           and Members of the General Public.

      Councilmember Richard Williams arrived at 7:03 p.m.

1.   CALL TO ORDER: Mayor Molly Park opened the meeting at 7:00 p.m. and asked that those present observe a minute of silence for the passing of former Councilmember John Rowe. 

Councilmember Richard Williams arrived at 7:03 p.m.  

2.   APPROVE AGENDA:       Mayor Park asked if there were any corrections or additions to the agenda.

Councilmember Conant questioned if the Independent Contractor Agreement for the City Forester had been finalized and adopted. He also asked if the 2010 Budget should be listed on the Agenda for discussion this evening and also if Pay Voucher No. 1 for the Salem Church Road improvement project would be discussed as part of the Consent Agenda.

Councilmember Williams indicated that the pay voucher could be removed from the Consent Agenda for discussion and Engineer Hartzell stated he could discuss the voucher as part of his report.

Treasurer Blair pointed out that the City withholds a retainage amount from the final payment for the improvement until the project is completed.

Councilmember Conant asked that the item be removed for discussion

Attorney Kuntz explained that the contract with the City Forester was formally adopted with the changes recommended by Council at the July 7, 2009 meeting.

Councilmember DeCourcy moved approval of the Agenda as amended by removing Pay Voucher No. 1 for the Salem Church Road Improvement Project from the Consent Agenda for discussion under the Engineer’s report, seconded by Councilmember MacManus 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 noted the remaining amount of $3,800 in the 2009 Budget for Water Quality/Comprehensive Plan and asked if the process was now completed. Treasurer Blair stated that was the original budgeted amount from the Planner and it is his understanding that the project is now completed.

Councilmember Conant noted the interested rate on the monthly cash balance had decreased. Treasurer Blair explained that the City CD’s have all expired and that interest rate is the current rate for the money market account; he pointed out the decrease is based on the current economic climate.
Councilmember Conant asked if the City is required to use only certain money market accounts. Treasurer Blair responded yes and explained that the City designates the depositories at the beginning of each year.

Councilmember Conant advised that HSBC is currently offering 1.5% interest on money market accounts. The Treasurer explained that the City is currently working with Smith-Barney.

Councilmember Conant suggested the Treasurer contact Smith-Barney to determine if they could offer a higher rate.

Mayor Park asked if there were any further questions and there was no response.
 
Councilmember Conant moved approval of the Consent Agenda with the removal of Pay Voucher No. 1 for the Salem Church Road Improvement Project under the List of Bills, seconded by Councilmember Williams and carried. (5-0)

a.      Regular Council meeting minutes of July7, 2009.

b.      List of Bills

c.       Monthly Financial Statements

4.   COMMENTS FROM THE PUBLIC:   Mayor Park asked if there were any comments from the public.

Mike Hovey questioned when Charlton Road is scheduled for grading. Engineer Hartzell responded that is scheduled sometime this month and that he would check with Engineer Hanson to confirm the exact date.      

5.   INSPECTOR’S REPORTS: 

      a.   Building Inspector: Inspector Wahl stated that he conducted seven (7) inspections and issued two (2) permits in July. He explained that he also issued a Temporary Certificate of Occupancy for the Nobel residence at 120 Salem Church Road.

Mr. Wahl explained that he has submitted a request under New/Old Business on the Agenda for the City to pay the registration fees for his attendance at the National ICC Conference in Baltimore, Maryland in November.

Inspector Wahl distributed a document for Council consideration which authorizes a representative to conduct inspections for the City in the event he is unable to perform these duties due to an emergency situation. He noted that David Neameyer is a Minnesota Certified Building Official who currently works for the City of Inver Grove Heights and has agreed to perform these duties in the event of an emergency situation. He advised that formerly the West St. Paul City Building Official was used for this purpose.

Mayor Park thanked Mr. Wahl for his concerns and preparing the document.

Councilmember DeCourcy asked why he did not contact the W. St. Paul official. Mr. Wahl explained that person is now retired.

Councilmember Conant asked the City Attorney if it would be appropriate for the Building Official to make such an appointment at this time.

Mr. Kuntz responded that the Building Official position is an “at-will” consultant position and may be terminated by the City at any time; he noted that this authorization by Council would only apply to inspections on permits currently issued and not authorize issuing new permits. He explained that Council has the option to make the appointment at this time or at the time the official becomes disabled.


Councilmember Conant asked if there was any reason to make the appointment at this time and Attorney Kuntz responded that the disability could arise suddenly and therefore it may be more appropriate to consider the action at this time.

Councilmember Conant moved to accept the documentation provided by Building Official Wahl which authorizes David Neameyer to the serve as his representative to conduct inspections on any outstanding permits in the event Mr. Wahl is unable to perform his duties and that Mr. Wahl would pay him an hourly rate for these inspection based on the fees for those permits issued at the time, seconded by Councilmember Williams and carried. (5-0)

Council thanked the Inspector for his report.

b.       City Engineer:   Salem Church Road Reconstruction:  Engineer Hartzell reported that construction work was substantially completed during the month of July. He stated that turf establishment is ongoing as the disturbed areas were seeded; seed germination and plant growth is required prior to turf establishment. He explained the work completed in July consisted of topsoil and aggregate shoulder placement, construction of the speed tables and pavement markings. He noted that the road was striped from Delaware Avenue to Robert Street as identified at the time of plan approval and the cost of the striping beyond the project limits would be paid from the street maintenance budget.  He advised that the project would be finalized upon turf establishment which should be in late fall of this year.

The Engineer stated that Pay Voucher Number 1 for the project was sent to Council as part of this report and that it would be discussed under New/Old Business. He explained that the total estimated project cost and estimated total assessment amount was calculated for the Salem Church Road reconstruction project and these amounts are identified in the Notice of Public Hearing on the assessments for the project. He advised this would also be discussed later this evening.

Charlton Road Feasibility Update:  Engineer Hartzell explained that an appraisal report on the market value for land acquisition is being completed by two independent appraisal firms and presentation of their reports is anticipated at the September Council meeting.

Angell Acres Rain Gardens:  The Engineer advised that construction of one rain garden has been completed and was reviewed according to the plan; it was determined the rain garden will filter water draining along the drainage way.

Public Works Activates Undertaken in the Month of July:   Windy Hill Road & Salem Church Road sign Repair:  The stop signs at the Windy Hill Road and Salem Church Road intersection were removed and re-installed as they had become twisted and turned from wind.   

Anticipated Engineer/Public Works Activities for the Month of August:

*  Project management for the Salem Church Road Reconstruction Project
*  Assessment report from Salem Church Road
*  Blading of Charlton Road
*  Develop 2010 budget items

Mayor Park questioned the fact that the mailboxes on the south side of Salem Church Road have different alignments and asked how this would be resolved. Mr. Hartzell explained that the alignment of those mailboxes has been identified on the “punch list” of items the contractor must resolve.

Mayor Park asked if the assessment hearing would be scheduled during the regular Council meeting in September.

Attorney Kuntz responded yes that would be the case if Council adopts the proposed resolution this evening.
Councilmember Conant asked if the defaced stop signs discussed at the last meeting were replaced.
Engineer Hartzell stated he would check with Tim Hanson to find out if that was done.  Mayor Park recalled that the matter was discussed as part of the public safety report and the Chief was asked if the graffiti on the signs was gang related; she noted that Mr. Hanson had indicated he would clean-up the graffiti or replace the signs.

Forester Nayes stated he observed one sign that still had graffiti.

Mr. Hartzell stated he would check with Engineer Hanson to insure the signs are cleaned or replaced.

Councilmember Conant pointed out that there are several areas in the City where foliage is intruding on the road sight lines; he asked if there are plans to trim these areas.

Engineer Hartzell stated he was not aware of any plans to trim the foliage.

Forester Nayes explained that this falls under his duties and agreed are several areas in the City that need work. 
      
Council thanked the Engineer for his report.

c.       CITY FORESTER:  Forester Nayes stated he had not issued any burning permits in July and had issued one permit this evening. He noted he had done brush chipping from branches removed by the road improvement construction.  

The Forester explained that the Environmental Committee asked him to distribute information relating to a proposed community event to remove Buckthorn from Musser Park and conduct some social activities in conjunction with the Buckthorn removal. He stated the event is tentatively scheduled for October 10, 2009 and that the committee is also requesting funds to purchase food, beverages, and supplies for the volunteers and the Buckthorn removal is concluded.

Mr. Nayes explained that he has concerns relating to safety issues with volunteers using power tools and suggested that it would be appropriate to prepare a waiver of liability for use at the event. He also suggested that the number of volunteers using the power tools be limited and that they should also be equipped with protective clothing for safety purposes.

Councilmember DeCourcy asked if the Forester had done chipping in Harmon Park and he responded yes. She complimented him on doing an excellent job. She questioned the wisdom of making the Buckthorn removal event a family affair if there is a danger related to the use of power tools.

Mr. Nayes explained that the family event would be held after the work is accomplished. Councilmember DeCourcy stated it would be her preference to have no children at the work site.

Councilmember Williams agreed that the number of persons using the power tools should be limited and wear protective clothing; he further agreed that the children be invited only to the picnic after the work is completed.

Mayor Park noted that Councilmember MacManus is co-chair of the committee and suggested that the co-chairs provide a formal presentation to Council outlining the event prior to giving authorization.

Councilmember MacManus stated it was her understanding the event would only take place at Musser Park; Mr. Nayes agreed.

Mayor Park asked if the removal of the Buckthorn would follow guidelines for eradication. Mr. Nayes responded yes and explained that Buckthorn is forever and although it can be managed, he does not believe it can be completely eradicated.

Councilmember Williams asked if the City could provide funding for the social event.

Mr. Kuntz responded that if the City is using the funds to encourage volunteers to assist with removal on public property the City funds could be used for that purpose. He recalled that the City had prepared a waiver for residents requesting to use the Buckthorn removal tool purchased by the City and suggested a similar version of that document could be adopted for this event.

Attorney Kuntz pointed out that there is a Management Plan for Musser Park and suggested that the document should be reviewed with the entity that provided the plan to insure the removal of Buckthorn is in compliance with the plan; he indicated that the Minnesota Land Trust should be contacted by the City Forester.

Councilmember Williams questioned if the Forester should request a letter to confirm the removal would be in compliance with the plan. Attorney Kutnz responded yes.

Councilmember DeCourcy asked what type of poison is normally used to eradicate Buckthorn. Mr. Nayes stated either Round-Up or Garlon. Councilmember DeCourcy commented that there are environmental issues with Round-Up.

Councilmember Conant commented that he understands the City of West St. Paul uses Round-Up for removal of Buckthorn.     

Councilmember Williams commented that the Round-Up used for this purpose is most likely much stronger than the kind use for residential purposes; he further commented that Garlon is more expensive and dangerous.

Mayor Park asked Mr. Nayes to convey to the Environmental Committee representatives that Council supports the idea of the event and wishes to have a more detailed informational presentation at the September Council meeting.

Mayor Park noted that there is substantial Purple Loose Strife and Spotted Knapweed within the City. Mr. Nayes agreed that the weeds are located within the roadway ditches and suggested that mowing now before the flowers turn to seed would greatly reduce the spread of the weeds. He indicated that mowing should take place after the Salem Church Road improvements are completed and while the flowers are still blooming.

Attorney Kuntz suggested that it even though the funds are budgeted for this purpose, it would be appropriate for Council to take formal action on the matter.

Councilmember Williams moved to authorize the City Forester to secure a contract for the annual mowing of the City ditches as budgeted for 2009, seconded by Councilmember Conant and carried. (5-0)

Councilmember DeCourcy asked if formal action should be taken on the Environmental Committee request for funding the social event; Mayor Park suggested that it wait until the formal presentation at the September meeting.

Council thanked the Forester for his report.

d.      PUBLIC SAFETY:   Mayor Park distributed the Public Safety monthly report for July, 2009 and explained that Chief Shaver would not be attending this evening due to the “National Night Out - Night to Unite” activities. She noted that the alarm calls were somewhat higher than last year.

Councilmember Williams commented that last year may have been an unusually low year for alarm calls.

City Clerk Iago pointed out that although there were six burglar alarms listed for the month, some of the alarms were cancelled prior to police arrival and therefore they are not billable.


Councilmember Conant asked about the police helicopter that was in the area a week ago. Mayor Park explained that there was an attempted robbery that began in West. Paul and that the victim was driven to Sunfish Lake; she stated the car was abandoned in Sunfish Lake and the police helicopter was searching for the suspect who had abandoned the vehicle. She noted that the suspect was not caught, but that fingerprints were obtained from the vehicle.

Councilmember DeCourcy asked if the City pays for the use of the helicopter. Councilmember Williams explained that the City pays a contract sum to the police and they determine what equipment is necessary to do the job.   
                 

6.   OTHER/NEW BUSINESS:      

 a.  Consider Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for Salem Church Road Reconstruction Improvement Project No. 2008-02:  Engineer Hartzell reviewed the background information of the reconstruction project as outlined in the Engineer’s report dated July 29, 2009.
 
Mr. Hartzell reviewed the proposal for funding of the improvements by use of City funds, assessment to benefiting properties and City levy. He stated the proposed assessments would be calculated according to the financing split recommend in the feasibility study of 60% City cost and 40% assessment to benefiting properties adjacent to the improvements.  He advised the estimated project cost identified in the feasibility study is $360,000.00 and the estimated project cost based on the awarded contract and indirect costs is $329,500.00.   He stated that per the assessment policy identified for the project the 40% amount to be assessed is $130,600.00.

The Engineer explained that the revised resolution establishes a payment term of ten years and an interest rate of 6.05 percent and that staff recommends Council adopt the attached resolution and order the assessment hearing for the Salem Church Road Reconstruction Project to be scheduled on Tuesday, September 1, 2009.  

Attorney Kuntz explained that Council must adopt the resolution prior to publication and mailing notice to affected
property owners; he stated that the notice to property owners would list the amount of assessment at $2,612.00.

Mayor Park asked if that figure was less than the previously estimated amount. Engineer Hartzell responded yes and advised the estimated figure was $2,880.00 per parcel.

Mayor Park asked if there was any further discussion and there was no response.

Councilmember DeCourcy moved to adopt Resolution No. 09-14 titled, RESOLUTION DECLARING COSTS TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR SALEM CHURCH ROAD RECONSTRUCTION IMPROVEMENT PROJECT NO. 2008-02, seconded by Councilmember Williams and carried. (5-0)   

Engineer Hartzell offered to respond to questions regarding Pay Voucher No. 1 for the Salem Church Road project.

Councilmember Conant responded that all of his questions had been answered by the Treasurer; he questioned why the term and interest had changed in the resolution.
Attorney Kuntz explained the resolution was revised to reflect the preliminary financing plan that was determined by Council for a ten year term and 6.05 percent interest rate.

Councilmember MacManus asked if all homeowners would receive notice of the assessment amount and Mr. Hartzell responded yes.
 
Councilmember Williams moved to authorize payment in the amount of $207,246.20 with a 5 percent retainage for Pay Voucher No. 1 in conjunction with the Salem Church Road Improvement Project, seconded by Councilmember DeCourcy and carried. (5-0)    
b.   Consider Request to Attend Building Official Seminar:   Mayor Park introduced the request from the Building Inspector for the City to pay the registration fees to attend the National Building Official’s Conference in Baltimore, Maryland.  Inspector Wahl explained that he will pay lodging and transportation costs.

Councilmember Williams moved to authorize the expenditure of $495.00 for registration for Inspector Wahl to attend the 2009 ICC Conference, seconded by Councilmember MacManus and carried. (5-0)

c.   Discussion of Possible Grant Monies from Clean Water Alliance:  Councilmember Williams explained that as Chair of the Lower Mississippi Watershed Management Organization (LMWMO) he was recently made aware of the fact that there are grant monies available from the Clean Water Alliance for maintaining or improving bodies of water that are not currently impaired. He indicated that it may be worthwhile for the City to investigate the possibility of securing a portion of the grant monies since all three lakes within the City would fall into the category of non-impaired bodies of water. He noted that the deadline for submitting the grant application is September 18 and that the City would have to match the funding as it is a 50/50 share in kind or cash grant. He suggested he could provide the contact information to the Engineer to determine if the lakes are eligible; he indicated that if Council is amenable to pursuing the grant it may be possible to have a proposal drafted prior to the next meeting.

Councilmember Conant commented that he has some ideas he wished to discuss with Councilmember Williams regarding securing the grant such as the possible dredging of Sunfish Lake. He indicated it may be possible to get the lakeshore owners to provide a portion of the funds. He asked that Councilmember Williams send him a copy of the information to share with the lakeshore property owners.

Mr. Nayes requested a copy of the information and offered to share it with lakeshore owners on Horseshoe Lake.

Attorney Kuntz questioned if there was sufficient time to prepare the appropriate groundwork for the grant prior to the September 1 Council meeting.

Councilmember Williams offered to coordinate his efforts with the engineering staff in order to draft a grant application and provide costs prior to the meeting. Engineer Hartzell pointed out that Andi Moffatt of WSB could assist with the preliminary investigation prior to making the formal grant application.

Councilmember DeCourcy commented that she was not interested in paying for the grant but that lakeshore property owners may have interest providing funding. Councilmember Williams pointed out that water quality issues affect all residents of Sunfish Lake.

After discussion, Council determined that Councilmember Williams and the engineering staff should proceed with investigation of the matter.   

The Mayor asked if there was any further business and there was no response.

9.   ADJOURN:           Councilmember MacManus moved for adjournment at 8:00 p.m., seconded by Councilmember Conant and carried. (5-0)



           

______________________                                              ___________________________

Molly Park, Mayor                                                 Catherine Iago, City Clerk