SUNFISH LAKE CITY COUNCIL MEETING – DECEMBER 7, 2010

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

Attendants:

      Mayor:  Molly Park

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

      City Attorney:  Tim Kuntz

City Building Official: Russ Wahl
City Forester: Jim Nayes
City Planner:  Carie Fuhrman

      City Engineer:  Tim Hanson

      City Treasurer:  Mike Blair

City Clerk:  Cathy Iago

Police Chief: Manila Shaver

     and Members of the General Public.
     

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. She explained that Councilmember Conant wished to make a few brief comments at the end of the meeting. 

Clerk Iago stated that she wished to make a presentation at the end of the meeting.                     

Councilmember Williams moved approval of the Agenda as amended, seconded by Councilmember Conant and carried.  (5-0)

3.   CONSENT AGENDA:       Mayor Park asked if there were any questions or comments relating to any items on the Consent Agenda. 

Councilmember Conant referred to page three of the minutes and stated that there was a “t” missing at the end of his name. He also referred to page 8, paragraph 5, and stated he wished to clarify that his concern related to the regulations in new Septic System legislation and that the Clerk was designated as the person to issue the permits and was not qualified to do so. He stated that he no longer has concerns after being informed that the City retains a Septic Inspector who is the official designated and qualified to issue the permits.  

Councilmember MacManus referred to page 2 of the minutes, under the Planner’s report and suggested a correction in the wording in the second sentence of paragraph 4;   she indicated the words “as it is” should be included so that the sentence read as follows:  “She explained that she informed Council at the October meeting that staff would request the fire pit be removed as it is in violation of the Shoreland Ordinance.”

Clerk Iago advised that Holly Divine had contacted her to clarify information relating to the B-52 Bomber incident mentioned at the last meeting; although a Sunfish Lake resident was injured, the plane actually crashed in Inver Grove Heights. 

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

Councilmember DeCourcy moved to approve the Consent Agenda with corrections and clarifications to the minutes as requested, seconded by Councilmember Conant and carried. (5-0)  

a.      Regular Council meeting minutes of November 9, 2010.

b.      List of Bills

c.       Monthly Financials

4.   COMMENTS FROM THE PUBLIC:   Mayor Park asked if there were any comments from the public and there was no response.

5.   PUBLIC HEARING/PRESENTATION:     Mayor Park opened the public hearing to conduct the Truth in Taxation hearing and consider the proposed 2011 Budget and Tax Levy for the City of Sunfish Lake. She asked the Treasurer to provide an overview of the budget and Tax Levy.

Treasurer Blair explained that the proposed budget and tax levy had not changed from the preliminary budget presented to Council at their September meeting. He stated that the increase from $365,000 last year to $390,800 this year was primarily due to the elimination of the Acorn Drive levy income of $8,400 and the bond principal from the Salem Church Road improvement project in the amount of $30,000. He noted that there are not any significant changes in the proposed budget from last year.

Councilmember Conant questioned if the tax rate changed due to property valuations increasing. Treasurer Blair indicated that the valuations may have decreased slightly as the mill rate increases.

Councilmember Conant asked if it would be correct to state that the increase is due in part paying for Salem Church Road. Treasurer Blair responded yes            

Mayor Park noted that most cities have been delaying capital improvement projects due to cuts in State Aid funding while Sunfish Lake paid off the bond issue for the Acorn Drive improvement project.

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

The Mayor asked if each item should be considered separately and Attorney Kuntz responded yes. She asked for a motion to close the public hearing.

Councilmember Williams moved to close the public hearing at 7:20 p.m., seconded by Councilmember Conant and carried. (5-0)

Councilmember DeCourcy moved, to adopt resolution No. 10-19 titled, A RESOLUTION LEVYING AND ADOPTING THE TAX LEVY FOR COLLECTION IN THE YEAR 2011 in the amount of $390,800, seconded by Councilmember MacManus and carried. (5-0)

Councilmember Williams moved to adopt Resolution No. 10-20 titled RESOLUTION ADOPTING THE GENERAL FUND OPERATING BUDGET FOR THE CITY OF SUNFISH LAKE FOR THE 2011 in the amount of $427,370, seconded by Councilmember DeCourcy and carried. (5-0)

Mayor Park referred to the Attorney’s memorandum dated December 1, 2010 regarding setting the date for the 2011 regular Council and Planning Commission meetings. She asked for a motion to adopt the resolution setting the dates for the 2011 Council meetings.

Councilmember Williams moved to adopt Resolution No. 10-21 titled RESOLUTION SETTING THE DATES OF THE REGULAR CITY COUNCIL MEETINGS FOR THE 2011, seconded by Councilmember MacManus and carried. (5-0)

Attorney Kuntz explained that the Planning Commission actually adopts the resolution setting the dates for their meetings and recommended that Council take action to refer the resolution to the Commission.

Councilmember Williams moved to refer the proposed resolution establishing dates for the 2011 Planning Commission meetings to the Commission for action at their next meeting, seconded by Councilmember DeCourcy and carried. (5-0) 

Consider Award of Snow Plowing Contract for 2010-2011:  Engineer Hanson explained that he had sent a request to two other firms for quotes on the 2010-2011 Snow Plowing contract. He advised that he received one quote prior to submitting his report to Council and that a second quote was received after his report was mailed. He noted that the quote was higher than the quote received from Pine Bend Paving. He stated that he recommends awarding the contract to Pine Bend Paving as their rates remain the same as the last two years and they are familiar with the City.
Councilmember Conant noted that the quote received from Ace Blacktop was dated December 3, 2010 and questioned why it was not sent with the Engineer’s report which was also dated December 3.

Engineer Hanson explained that the report was mailed at noon and the fax was not received until after the mailing. He further explained that he had established a deadline for receipt of the quotes in his office and that the submission by Ace Blacktop was sent after the deadline.

Councilmember Conant commented that the quote could have been sent to the Council prior to this evening.

Mayor Park asked if there were any further questions and there was no response. She noted that Pine Bend Paving has done an excellent job plowing in the City.

Councilmember Williams moved to award the 2010-2011 Snow Plowing Contract to Pine Bend Paving as the lowest responsible bidder and the fact that they have knowledge of the City and have done an excellent job in the past, seconded by Councilmember DeCourcy and carried. (5-0)

Mayor Park apologized for moving through items that were listed under the New/Old Business section of the agenda and asked the Planner to give her report.
 

6.   PLANNING COMMISSION/PLANNER’S REPORT:  a) Planning Report: Planner Fuhrman referred to her report dated December 2, 2010. She stated that she expects to receive an application for a minor site plan review next week for the detached low-profile deck and concrete work on the property at 25 Sunnyside Lane. She advised that she received an application for a minor subdivision, including a lot split and ultimate lot combination for property owned by the Flynn’s and the Park’s. She stated that the property owners wish to split the subject property in half and combine the pieces with their existing lots. She noted that upon staff review it was determined that the proposed lot split cannot qualify as a minor subdivision; the property requires approval of a preliminary and final plat. She explained that this is due to the fact there is a need for dedication of easements and therefore the platting process must be followed. She stated she has notified the property owners and has also discussed the process with their attorney.

b) Review of Mitigation strategies for Dakota County hazard Mitigation Plan:  Planner Fuhrman advised that staff has been working with Dakota County to identify hazard mitigation strategies as part of the recent Council adoption of the Dakota County Hazard Mitigation Plan. She stated that she and Clerk Iago met with Stan Smiley of Dakota County to discuss the strategies; after the meeting, staff drafted a list of mitigation strategies, most of which the City is already doing and are on-going tasks. She referred Council to the list and explained that no action is necessary at this time. She advised that she will submit the list to the County in mid-December.

The Planner advised that the November Planning Commission meeting was cancelled due to lack of agenda items and that no new applications have been submitted, therefore the December meeting would also be cancelled.

c) Discussion of Ordinance Regulating Chickens:  The Planner stated that she reviewed the City’s current regulations and other cities regulations regarding the keeping of animals after receiving two inquiries from different property owners requesting to keep a small number of chickens on their property. She advised that the under the current City ordinance chickens are classified as farm animals and are submit to the approval of an administrative permit by the City Forester. She explained that the ordinance allows farm animals subject to notification of abutting property owners and an assessment of the possible negative impacts upon such properties, the adequacy of the site and buildings to accommodate the animals and the public health, safety and general welfare concerns posed by the animals. She further advised that the permit may be issued for one year and also may be reissued for periods of up to three years providing there are no complaints from neighbors. She noted that if there are complaints, changes in the conditions or violations, the renewal requires Council approval and the property owner must apply for an Interim Use Permit.

The Planner explained that after reviewing several cities she found that some require a license, no butchering or fighting is allowed, the animals cannot be kept in the front yard, food must be kept in an enclosed container, shelters must be clean and sanitary, and inspections may be conducted. She noted that some cities regulate the license by size of the property and some require written consent of the neighbors.
Mayor Park noted that some of the cities reviewed are much larger than Sunfish Lake. Planner Fuhrman agreed.

The Planner requested that Council provide some direction to staff as to whether or not they wish to consider amending the current ordinance to include licensing or other regulations.

Councilmember Conant recalled that in the past residents had chickens and questioned if the City should further regulate keeping chickens based on an inquiry; he noted that no one complained in the past.

Councilmember DeCourcy agreed that further regulations may not be necessary.

Councilmember Williams stated his question related to what impact keeping chickens would have on water quality regulations and it appears that it could be as simple as limiting the number of animals kept on the property.    

Mayor Park suggested that it may be more appropriate to provide educational guidelines to residents requesting to keep the animals on their property such as how the food is stored and what to do with the waste.

Councilmember Conant pointed out that an applicant must obtain a permit from the City Forester and he could provide guidelines when issuing the permit.

Attorney Kuntz noted that if Council wishes to proceed with the current regulations, it would be appropriate to request that the Forester limit the permit for a period of one year. He indicated that if any problems arise during that period, the Forester could report back to Council for further direction.

Councilmember Conant asked if formal action is required or just direction from Council. Attorney Kuntz responded that a directive was adequate.

Forester Nayes pointed out that the issue is currently only chickens, but he is also responsible for other farm animals such as cows.

Mayor Park asked if action was necessary this evening or if the matter could be delayed until January.

Tom Hayes stated he made an inquiry regarding keeping chickens and he would prefer to have an answer as soon as possible.

Attorney Kuntz stated that staff is requesting direction from Council either to proceed with amending the ordinance or to use the current regulations and issue a permit for a one year period.

Councilmember Williams supported the issuance of a one year permit, but questioned what would happen if a neighbor complains.

Planner Fuhrman pointed out that if a complaint is received during the one year period, or any changes are made, a renewal would require Council approval and could include a Conditional Use Permit application.

Attorney Kuntz pointed out that the conditions or guidelines handed out by the Forester could include a method to address reasonable complaints. He stated that no action is required from Council if they chose to use the existing regulations.

Council concurred that the existing regulations should be utilized.

Councilmember Williams asked Mr. Hayes if he plans to have approximately 4 to 6 chickens. 

Mr. Hayes responded yes and explained they would be kept behind his home on the property and not near the well or septic areas.



Planner Fuhrman stated that she wished to disclose to Council that the City of Inver Grove Heights had sent out an inquiry to her firm to determine if they are interested in bidding on projects within their City. She noted that her firm would not bid on any project in Inver Grove Heights if there is a potential for a conflict of interest.

Councilmember Conant asked if the Planner would inform Council if a potential conflict of interest arises. Planner Fuhrman responded yes.

Councilmember Williams questioned if her firm agreed that they would not bid if the potential for a conflict of interest arises. Planner Fuhrman responded yes.   Mayor Park thanked the Planner for disclosing this information.

Council thanked the Planner for her report. 
  

7.   INSPECTOR’S REPORTS: 

a.   Building Inspector:        Inspector Wahl stated he conducted three (3) inspections and issued three (3) building permits in November.

The Inspector stated he will miss working with the Mayor and Councilmember DeCourcy and thanked them for their support during his time with the City.

Councilmember Conant pointed out that there was a suggestion brought up during the Inspector’s review regarding making a list of building projects that require obtaining a permit; he asked if the Inspector would compile the list to post on the website.

Inspector Wahl stated he would make a copy of the projects that require a permit from the International Building Code and submit it for posting on the website.
 
Council thanked the Inspector for his report.

b.   City Engineer:   Snow Plowing Quotes:  Engineer Hanson stated this matter was discussed earlier on the agenda.

Salem Church Road Reconstruction:  The Engineer stated the general contractor has submitted the paperwork necessary for final payment and this matter will be discussed later on the agenda.
 
Musser Park:    The Engineer stated he has not had any contact with the Minnesota Land Trust this month.

Angell Road Culvert Replacement:   Engineer Hanson stated that field surveys have been completed at each culvert location. A construction plan sheet has been initiated that identifies the location of the work and easement locations needed to complete the work. He distributed easement exhibits for Council to review and advised that descriptions of the easements are being drafted. He noted there are eight easement locations from seven different parcels; he stated that one of the parcels is Harmon Park. He advised that the impacted property owners will be contacted upon completion of the easement exhibits. He pointed out that one of the easements near Highway 110 would be extended to clean out the drainage swale.

Hazard Assessment:  The Engineer stated he worked with the City Planner on the Hazard Assessment survey that was requested by Dakota County. 

Lot Split/Combination:  Engineer Hanson stated he worked with the City Planner regarding the potential lot split and combination application.

Watershed Survey:  The Engineer advised he completed a survey for the Board of Soil and Water regarding watershed administration.

Public Works Activities Undertaken in the Month of November: Charlton Road Maintenance:   Charlton Road was bladed and aggregate placed at spot locations.
Street Snowplowing:  The City streets were plowed and sanded on three occasions in November.

Dakota County CIP:  The Engineer explained that the Dakota County CIP is on their website and that one project identified for 2011 is the reconstruction of Delaware Avenue near Sibley High School to Highway 110; he noted this is the closest project in proximity to the City.

Anticipated Engineer Activities for the Month of December: 
 -   Initiate easement acquisition for with the property owners for Angell Road culvert replacement
 -   Update the City map

Councilmember Conant asked the City Attorney if the open meeting law requires that additional copies of items handed out at meetings must be made available to the public. 

Attorney Kuntz advised that copies of anything Council receives should be made available for public viewing.

Councilmember Conant asked if copies could be brought to the next meeting for viewing; Attorney Kuntz responded that it would be best to have additional copies at the meeting where they are presented.

Mayor Park asked that all consultants be aware of this and bring additional copies of handouts for public review.

Council thanked the Engineer for his report.

1. CITY FORESTER:  Forester Nayes reported he issued two (2) Burning Permits in November and completed brush removal on Charlton Road. He stated that the most recent water quality report shows that Horseshoe Lake and Sunfish Lake received a “B” grade for water quality.
   
   Councilmember Conant asked what standards are applied when issuing a burning permit. Forester Nayes responded that he reviews safety standards with residents; ground moisture, location of the burn and insuring a garden hose is handy. He stated he also lists the phone number of the dispatch center on the permit, so residents can notify the County when they are conducting the burn.
   
   Councilmember Conant asked the Forester for the source of the lake water quality report. Forester Nayes stated he would provide the website information to Council so they can view the report; he noted it is sent to his attention because he monitors Horseshoe Lake as part of the CAMP program.     
   
   Council thanked the Forester for his report.
   
   
2. PUBLIC SAFETY:   Chief Shaver stated that the false alarms remain lower than the same time period last year. He explained that the department responded to a utility call for a downed power-line on Charlton Road; he suggested some dead trees along the roadway be removed before spring to prevent them from falling on powerlines. He advised that there were two deer injuries, one from the controlled hunt and one from a vehicle accident. He stated there was a theft from a mailbox in Sunfish Lake and reiterated that residents should not put outgoing mail in their mailboxes and only use the post office. He noted a parking complaint on Delaware Avenue and Grieve Glen Lane; the occupants left after they were contacted by an officer.
   
   Councilmember Conant stated that the permitting program instituted last year for ice fishing on the lakes was very successful in discouraging unauthorized persons from accessing the lake. Chief Shaver stated that residents should contact the department if they see anyone fishing and that Officer Muellner would be checking the lake periodically.
    
   Council thanked Chief Shaver for his report.             
   
   

8.   NEW/OTHER BUSINESS:   Mayor Park noted that Items 8.a through 8.e had been completed earlier on the agenda.

f.  Consider Final Payment to Astech Corporation for the Salem Church Road Reconstruction Project and Accept Improvements:  Engineer Hanson advised that the project has been completed, the contractor has completed the final punchlist items and submitted an application for final payment. He explained the improvements included reclamation of the existing bituminous surface, shaping of the roadway utilizing aggregate base, sub-grade correction, centerline culvert replacement, bituminous paving, aggregate shouldering and turf restoration. He stated the work completed is in accordance with the plans and specifications. 

The Engineer compared the final project cost to the feasibility study; he explained that the feasibility study estimated the total costs at $336, 030.00 and the final total project costs were $310,590.89.  He advised that the assessment amount for the project was $127,988 and pointed out that the City cost was $36,000, less than the study. He stated that the striping for Salem Church Road beyond the project limits was paid from the Road Maintenance Fund.  He noted that previous payments made to the contractor in the amount of $207, 246.20, and the remaining final payment amount is $12,067.69.

Engineer Hanson recommended Council approve the final pay voucher and accept the Salem Church Road Reconstruction project, with payment to the contractor in the amount of $12,067.69.  

Councilmember Conant stated that he has repeatedly documented the fact that the shoulder on the south side of the road is soft, the culvert on the north side of the road was not cleaned and that the culvert on the corner near the intersection with Delaware Avenue is filled with bituminous materials. He stated that in his opinion the project is not completed until these items are resolved.

Engineer Hanson stated the culverts were cleaned and that although the private driveway culvert was not part of the project, it was cleaned by the contractor. He stated he was not aware of the bituminous materials near Delaware Avenue, but that he would check the location. He noted that the shoulders of the road were installed with typical construction practices.

Mayor Park asked if culverts can be cleaned during the winter months. Engineer Hanson stated that the ground is now obviously frozen and it would depend on the issue with the culverts.

Councilmember Conant questioned if the culverts were on the right-of-way.  Engineer Hanson explained that driveway culverts are the responsibility of the property owners.
 
Mayor Park asked Councilmember Conant when he last saw the culverts. Councilmember Conant responded he viewed them in the fall.

Engineer Hanson stated he inspected the culverts and they were cleaned in the fall as part of the punchlist items. He pointed out that there is a two-year warranty, therefore shoulder wash-outs and any roadway issues would be covered under the warranty; he pointed out that the culverts would not be covered.

Councilmember Williams commented that the driveway culverts would be the property owner’s responsibility since they would not have been installed unless a residence was constructed on the property.

Engineer Hanson agreed; he explained that centerline culverts are a normal part of road construction. He advised that centerline culverts, similar to those along Angell Road, are owned by the City.

Councilmember DeCourcy suggested that Councilmember Conant meet with the Engineer to view the problems and Council could delay action on this matter until January.

Councilmember Conant commented that nothing can be done with the shoulders if the ground is frozen; he suggested that Council proceed with action on this matter and if the shoulders appear unsatisfactory in the spring the matter could be dealt with at that time.

Councilmember Williams noted that the shoulders would be covered under the warranty, but not the private culverts.

Councilmember Conant stated that the roadway benefits from clean culverts and that he is prepared to accept the final payment this evening with the understanding that the shoulders would be reviewed in the spring.

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

Councilmember Williams moved to approve the final pay voucher and accept the Salem Church Road Reconstruction project, with payment to the contractor in the amount of $12,067.69, seconded by Councilmember DeCourcy and carried. (5-0)         

      g.                      Consider Adopting Proclamation for Arbor Day, Saturday, May 7, 2011: Mayor Park presented the resolution establishing Saturday, May 7, 2011, as Arbor Day and requested adoption by Council.  Councilmember DeCourcy questioned if this was early to adopt the proclamation. Forester Nayes responded no.

Councilmember MacManus moved to adopt the Proclamation for Arbor Day, Saturday, May 7, 2011 in the City of Sunfish Lake, seconded by Councilmember Williams and carried. (5-0) 

h.                      Report on 2010 Deer Hunt:  Councilmember Williams reported that five (5) antlerless deer have been taken during the hunt. He explained there was an unfortunate incident with an injured deer that got away from the hunters and traveled to Councilmember DeCourcy’s property. He stated that remnants of the deer were found on the north end of the lake.

Councilmember DeCourcy stated she is opposed to any hunting on the north side of the lake adjacent to residential property; she explained that her neighbors had also expressed concern with hunting near residential property and that it should be confined to Musser Park.

Councilmember Williams noted that he was unsure if the deer on Councilmember DeCourcy’s property was the one wounded by Officer Muellner; he pointed out that he had heard gunshots shortly after the Thanksgiving holiday.

Councilmember MacManus asked how many deer were taken last year. Mayor Park stated seven deer were taken last year. Councilmember MacManus stated that it maybe worthwhile to keep the hunt at the park since there were more deer taken.  Chief Shaver pointed out that the previous hunt was done under different conditions and that bait was placed in the park.  

Mayor Park explained that in the past she recalled only 11 to 13 taken in any hunting season. 

Chief Shaver noted that the deer are very smart and may hide once the hunt begins. He noted that Officer Muellner would prepare a full report when the hunt is completed.

Councilmember DeCourcy asked how many more days are allowed and Chief Shaver responded only two.

Councilmember Williams stated that the remaining hunting days do not include property near Councilmember DeCourcy’s home.

i.       Other Business:  Mayor Park stated that Councilmember Conant wished to make some remarks relating to the letter discussed at the last meeting.    Councilmember Conant stated he would forego the comments at this time.  

Presentation:  Clerk Iago explained that this is the final meeting for Mayor Park and Councilmember DeCourcy; on behalf of the Council and staff she presented a gift to each for their dedicated service to the City.

Mayor Park thanked the Council and staff for their dedication and hard work during her tenure. Councilmember DeCourcy stated it has been an honor and privilege to serve the City of Sunfish Lake and she commended the Council and staff for their hard work.  

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

9.   ADJOURN:           Councilmember DeCourcy moved for adjournment at 8:26 p.m., seconded by Councilmember Williams and carried. (5-0)      

______________________                                   ___________________________

Molly Park, Mayor                                                 Catherine Iago, City Clerk