SUNFISH LAKE CITY COUNCIL MEETING – DECEMBER 1, 2009

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 Planner: Laurie Smith
      City Engineer:  Tim Hanson
      City Forester: Jim Nayes

      City Treasurer:  Mike Blair
      Building Official:  Russ Wahl

      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 7:13 p.m. 

2.   APPROVE AGENDA:       Mayor Park asked if there were any corrections or additions to the agenda and there was no response.

Councilmember Conant moved approval of the Agenda, seconded by Councilmember DeCourcy 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 referred to page 6, paragraph 6 of the November 3, 2009 minutes and asked that the word “short” at the end of the first sentence be changed to “sufficient”.

Mayor Park asked if there were any further comments or corrections and there was no response.      
 
Councilmember Conant moved approval of the Consent Agenda with the November 3, 2009 minutes as amended, seconded by Councilmember Williams and carried. (5-0)

a.      Regular Council meeting minutes of November 3, 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 regarding items not listed on the agenda and there was no response.

5.   PUBLIC HEARING:  a) PROPOSED DEER MANAGEMENT PROGRAM:          Mayor Park opened the public hearing at 7: 20 p.m. to consider the proposed Deer Management Program for the City of Sunfish Lake and receive public comments.

Councilmember Williams reviewed his work with West St. Paul Police Officer Muellner to prepare the Deer Management Plan and to draft the resolution to implement the plan for a controlled hunt to cull the deer population. He stated that the plan is consistent with DNR regulations and that it establishes criteria for a controlled hunt in Musser Park in 2010. He advised that the DNR would review the plan and approve the number of deer to be taken during the hunt. He explained there are some items that maybe considered controversial such as the City utilizing as many methods as possible to reduce the deer population and possibly adopting an ordinance to prohibit feeding deer. He noted that many residents have lost trees and sustained damage to trees due to the high deer population and that studies show feeding the deer increases the population.

Councilmember Williams stated the professional bow hunters would conduct the controlled hunt in the winter months and must meet criteria for taking shots for a clean kill. He advised that Officer Muellner had suggested language for inclusion in the document relating to taking shots only if the hunter is sure they can kill the deer. He noted that no deer entrails or evidence of the hunt would be left at the hunt location and that the deer would be transported from the property, dressed and the meat would be donated to a non-profit organization.

Councilmember Williams advised that if Council approves the resolutions adopting the program and the implementation plan he will contact the DNR to obtain the permit. He offered to respond to questions

Mayor Park asked what component would be used to communicate to citizens that the hunt is taking place.

Councilmember Williams explained that once the permit is obtained it would set the parameters of the hunt and the time limitations; he advised that there are several notification methods that could be utilized.

Chief Shaver explained that the City of West St. Paul also struggles with notification issues and suggested that along with other methods of notification, his Reserve Officers could distribute flyers to residents. He also suggested a short neighborhood meeting could be scheduled.  

Councilmember DeCourcy asked if both Does and Bucks would be removed.

Councilmember Williams indicated that both could be removed, however, he indicated it would be mostly the Does.

Officer Muellner explained that all hunts are varied and that the plan can be structured to fit the community; he stated that the number of Bucks may be limited, but because the Does reproduce they should be taken.

Councilmember Conant stated he read an article in the Pioneer Press which stated that Dakota County has the highest density of deer than any other county in the State. He noted that deer are a real threat and are attributed to at least 5 deaths per year involving auto accidents. He stated that the article explained it is more dangerous to swerve than to hit the deer.

Councilmember Williams commented that there have been over 40 vehicle accidents involving deer in the last two years.  He commented that it is more humane to conduct a controlled hunt.

Mayor Park thanked Councilmember Williams and Officer Muellner for their presentation. The Mayor asked if there were any comments from the public.

Mike Hovey stated that in his opinion it is good that the City is finally doing something to reduce the deer population. He explained that the deer have eaten his corn and beans and that he hope they take as many as possible.

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

Councilmember Conant asked if the deer population has increased over the last few years. Councilmember Williams responded yes. 

Officer Mueller explained that deer are well-fed in the metro area and that the State manages the deer population through a hunting season; he noted that some cities do allow hunting to control the deer or conduct a controlled hunt.

Councilmember Williams pointed out that a resident had found 5 dead deer on their property.

There being no further comments Mayor Park asked for a motion to close the public hearing.

Councilmember Conant moved to close the public hearing at 7:40 p.m., seconded by Councilmember MacManus and carried. (5-0)


b)   Consider Resolution Adopting a Deer Management Program for 2010.   Attorney Kuntz distributed two resolutions for Council consideration.

Councilmember Williams advised that the first resolution approves the deer management plan and the second resolution adopts the implementation of the plan in 2010. He explained that each year the City must submit a report to the DNR regarding the hunt; he noted that after the resolutions are adopted, he will contact the DNR to obtain a permit which sets the guidelines and dates for the controlled hunt.

Councilmember DeCourcy asked if the hunt would only occur in Musser Park and Councilmember Williams responded yes.

 Mayor Park asked one motion would suffice for adopting both resolutions and Attorney Kuntz responded yes. 

Councilmember Conant moved, seconded by Councilmember DeCourcy to adopt the following:

Resolution No. 09-20 Adopting a Deer Management Program for 2010. 

Resolution no. 09-21 APPROVING 2010 DEER MANAGEMENT IMPLEMENTATION PLAN FOR THE CITY OF SUNFISH LAKE.

Motion carried. (5-0)

Councilmember Conant commended Councilmember Williams and Officer Muellner for their work on the project.

6.   PLANNING COMMISSION:

a.   Planner’s Report: Planner Smith reported that the Planning Commission conducted a public hearing on the proposed Ordinance Amendment relating to Invasive Species at their November meeting. She explained that there were no members of the general public present at the meeting to comment on the proposed ordinance.  She advised that the proposed amendment would require an invasive species assessment be conducted by the City Forester when a property owner submits an application for a Major Review. She further explained that the Commission requested Council consider directing staff to include invasive species educational materials with planning application packets for all types of review to create awareness of invasive species even when a review by the Forester is not required. 

The Planner stated that the Commission recommended the ordinance amendment as attached to the Planner’s report dated November 23, 2009.

Councilmember Conant commented that the volume of major projects has declined and questioned if the effort at this time would be less than earlier years. Planner Smith pointed out that Major reviews include more than just new home construction and that she believes the effort will be effective.

Councilmember Williams agreed that an educational component would create awareness.

Mayor Park asked if there were any comments from the public and there was no response.

The Mayor asked the Forester to explain the educational component. Mr. Nayes advised that as part of his review of the property he would provide educational materials relating to removal and control of the invasive species that are identified; he stated he would work to compile the materials prior to the start of the 2010 building season.

Councilmember DeCourcy pointed out that farmers do not want Spotted Knapweed in their pastures and that is why it is a noxious weed, although in her opinion it grows in Musser Park and it is lovely.
Forester Nayes explained that Spotted Knapweed is an agricultural pest for farmers.
 
Mayor Park asked if there were any further comments and there was no response.

Councilmember MacManus moved to adopt Ordinance No. 2009-02 titled, AN ORDINANCE AMENDING THE DEFINITIONS SECTION AND THE SITE AND BUILDING PLAN REVIEW PROCEDURES SECTION RELATING TO INVASIVE SPECIES, seconded by Councilmember Williams and carried. (5-0)     
 
Planner Smith advised that there were no applications submitted for Commission review and therefore the December meeting would be cancelled.

Council thanked the Planner for her report.

7.   INSPECTOR’S REPORTS: 

      a.   Building Inspector: Inspector Wahl stated he issued two (2) permits and conducted eight (8) inspections in October and issued three (3) permits and conducted nine (9) inspections in November. He also explained that he collected a double-fee from one contractor that failed to get a permit before beginning work in the City.  He advised that he attended the Building Officials conference in Baltimore and it was a great informational experience.

Council thanked the Inspector for his report.

b.       City Engineer:   Salem Church Road Reconstruction:  The Engineer stated that ASTECH Corporation worked on the punch list items including mailbox adjustment and erosion repairs; they removed some erosion control items and cleaned the driveway culvert at 295 Salem Church Road. He noted that turf establishment continues to be ongoing and would be reviewed in the spring. 

Charlton Road Blading:  Engineer Hanson stated the placement of aggregate and blading of Charlton Road was completed on November 3, 2009.  

The Engineer advised that he was contacted by Mendota Heights Engineer Ryan Ruzek regarding the installation of the streetlight at Delaware Avenue and Charlton Road/Huber Drive.

Mike Hovey advised that he had seen the tape across Charlton Road for a traffic count and asked if the engineer could provide the final information when the traffic count is completed. Engineer Hanson responded that the equipment was not installed by the City and that he would review the matter.  

Councilmember Conant stated for the record that he does not believe the driveway culvert at 295 Salem Church Road was cleaned as reported by the engineer.   

Council thanked the Engineer for his report.

 

c.       CITY FORESTER:  Forester Nayes stated he issued seven (7) burning permits in November. He stated that he began pruning along Charlton Road. He further advised that all the Buckthorn from Musser Park had been removed by the Sentenced to Serve crew and it filled a 40 cubic yard dumpster.

Mayor Park questioned if the Forester had talked to Mr. Kampmeyer regarding access to the park and placement of the dumpster on his property. Mr. Nayes explained that he was unable to reach Mr. Kampmeyer, however, he left a message.

Mayor Park asked the Planner if the City has any formal access to the park near the Kampmeyer property. Planner Smith responded that she does not believe the City has any access in that area. 

Councilmember DeCourcy indicated that the Forester may have cut Spotted Knapweed from the Kampmeyer property in error and the Forester agreed.

Forester Nayes suggested that it may be appropriate to consider placing an access area into Musser Park in the future.

Council thanked the Forester for his report.

d.      PUBLIC SAFETY:   Chief Shaver was present and offered to respond to questions related to the monthly report. He commented that the Sentenced to Serve program is a great resource. He noted that a resident on Windy Hill Road had called to express concern that there may be hunters in the area; he stated he would provide extra patrols in that area. He further noted that there have been reports of a yellow Ford Mustang in the area of Delaware Avenue and Salem Church Road that has been removing newspapers from the paper boxes.

Councilmember Conant questioned the eighteen extra patrols listed on the report. Chief Shaver explained that is a vacant property where drug dealings had occurred and that is what prompted the extra patrols.

Councilmember Conant pointed out that the City of Minneapolis may be giving up their reserve offices due to budget cuts and questioned if that might occur in West St. Paul. Chief Shaver responded no.    

Mayor Park asked if there were any further comments or questions and there was no response.

Council thanked Chief Shaver for his report.  

8.   OTHER/NEW BUSINESS:            

 a.  Consider Resolution Adopting the Tax Levy for Collection in the Year 2010:            Attorney Kuntz explained that Council had adopted the 2010 preliminary budget and tax levy at the regular meeting held September 1, 2009. He advised that the Treasurer explained the total proposed tax levy for 2010 was $355,000, including the levy for debt service, as compared to $356,500 for 2009. He stated that Council discussed and agreed to add an additional $10,000 to the proposed budget to allow flexibility in determining a final budget amount. He noted that the final tax
levy cannot exceed $365,000, however, it can be reduced.

Treasurer Blair pointed out that the only change in the document was the additional $10,000 budgeted for possible additional duties for the City Forester position. He noted that the operating budget was reduced and that in his opinion the budget provides adequate funding to maintain existing services.

Councilmember Conant asked if next March the City must declare its intent to retire the bonds for Acorn Drive.

Treasurer Blair advised that in February of 2010 the City would declare its intent to retire the bonds; however, the City must wait until 2011 to call the bonds.

Councilmember Conant questioned if the interest rates increase, could the City could choose not to call the bonds and the Treasurer responded yes.

Mayor Park commented that there would be no reduction in staff or services and Treasurer Blair pointed out that there was no increase the in the Police budget and only a slight increase in the Fire budget.

Mayor Park asked if each resolution should be considered separately and Attorney Kuntz responded yes.     

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

Councilmember DeCourcy moved to adopt Resolution No. 09-22 titled Resolution ADOPTING THE TAX LEVY FOR COLLECTION IN THE YEAR 2010 in the amount of $365,000, seconded by Councilmember Williams and carried. (5-0)

b.  Consider Resolution Adopting the General Fund Operating Budget for 2010:    Mayor Park asked if there were any comments or questions regarding the proposed resolution and there was no response.



Councilmember Conant moved to adopt Resolution No. 09-23 titled RESOLUTION ADOPTING THE GENERAL FUND OPERATING BUDGET FOR 2010, seconded by Councilmember Williams and carried. (5-0)

c.  Consider Resolution Setting Dates for the Regular City Council Meetings for 2010:   Attorney Kuntz explained that Council annually sets the dates for the Regular City Council meetings for the upcoming year at the December meeting. He stated that the City Clerk advised him the Precinct Caucuses will be held the first Tuesday in February and therefore, he rescheduled that meeting to February 9, 2010. He noted the start time for November 2, 2010 would be delayed until 8:00 p.m. due to the election. If Council concurs with the dates as listed, they should adopt the Resolution setting the Regular Council meeting dates for 2010.
   
Mayor Park asked if there were any comments and there was no response.

Councilmember Williams moved to adopt Resolution No. 09-24 titled, Resolution SETTING DATES FOR THE regular city council meetings for 2010, seconded by Councilmember MacManus and carried. (5-0)

d.  Consider Resolution Setting Dates for the Regular Planning Commission Meetings for 2010:   The Attorney advised that the dates for the Planning Commission meetings, which are held on the third Wednesday of each month, are also established annually.  He advised that Council may set the dates or defer this action to the Planning Commission.

Council concurred to allow the Planning Commission to adopt the resolution and directed the Planner to submit the resolution at their first meeting in January, 2010.

e.   Other/New Business:   The Mayor explained that she had attended the Mendota Heights Council meeting in November and their Council decided to form an Ad Hoc Committee relating to the proposed Delaware/I-494 interchange being pursued by the City of Inver Grove Heights in conjunction with their Northwest Area development. She advised that Mayor John Huber of Mendota Heights offered to chair the committee and that Foth Engineering was the firm retained to work on issues relating to this matter. She indicated that a Joint Powers Agreement may be forthcoming and that the Mendota Heights City Attorney would be retained to work with both cities.  She stated she would be seeking a Sunfish Lake resident willing to work on the committee and that she would provide more information at the January, 2010 meeting.

Councilmember Williams indicated that the committee should address the proposed widening of Delaware Avenue.

Mayor Park explained that she had contacted Brian Sorensen from Dakota County and he advised that Delaware Avenue does not need to be widened.

Councilmember Williams stated that in his opinion it would make just as much sense to widen 70^th Street; however, he noted that Inver Grove Heights and Eagan would loose a huge amount of developable land if this occurs. He commented that it appears those cities wish to develop their tax base with other cities money.

The Mayor also explained that she received a donation of $500 from a Sunfish Lake resident to upgrade the City website. She stated her son Andy is working with Mike Hovey on the project and she asked Mike to provide information on the upgrade.

Mike Hovey explained he is currently working to restructure the layout so that it is similar to the City of Gem Lake. He noted that the contract for hosting the website expires in May and that he is seeking a less expensive host. He pointed out that different software would be used that is easier to work with and asked that anyone has any updates to the site they should forward the information to him.




Councilmember Williams suggested that “links” be added to the site, such as Dakota County information and Watershed Management Organization information; he noted this would assist in providing information to residents.             

Mayor Park noted that the Sunfish Lake Holiday Party would be held at Mike Costello’s home on Saturday, December 5, 2009 and asked that residents please respond to Treasurer Blair as soon as possible if they wish to attend.

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 Williams and carried. (5-0)