- DRAFT -
SUNFISH LAKE CITY COUNCIL MEETING – FEBRUARY 8, 2012

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

Attendants:

Acting Mayor:  Judy MacManus

Councilmembers: Roget Conant, Mike Hovey and Paul Burke

City Attorney:  Tim Kuntz

City Building Official: David Neameyer

City Planner: Alan Brixius
City Engineer:  Don Sterna
City Forester:  Jim Nayes

City Treasurer:  Mike Blair

City Clerk:  Cathy Iago
Police Chief Manila Shaver

and Members of the General Public.

Mayor Williams arrived at 7:05 p.m.

1.   CALL TO ORDER:  Acting Mayor MacManus opened the meeting at 7:00 p.m.

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

Clerk Iago stated that Lynnette Olson contacted her to ask that Council have a moment of silence for resident Ed Paster who recently passed away. There was a moment of silence for Mr. Paster.

Councilmember Conant moved approval of the Agenda, seconded by Councilmember Burke and carried.
(4-0)

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

Councilmember Conant referred to page 2 of the January minutes and inquired about the cost increase for the official newspaper; he asked for an explanation of “additional publications”.  Clerk Iago explained that occasionally it is required to publish a notice or ordinance on more than one occasion and that the fee for the additional publication is slightly less than the first publication.

Councilmember Conant referred to page 4 of the minutes where Mr. Bellamo is referenced as “Dr.” Bellamo; he advised the Clerk that Mr. Bellamo is not a doctor. Clerk Iago stated she would correct the minutes.

Councilmember Conant referred to page 5 of the minutes regarding the discussion with the City Engineer relating to the Water Quality Report; he asked if the Engineer had reviewed the information and prepared any data for Council as indicated in the discussion.  Engineer Sterna stated he had not yet prepared the data and he would do so.

Mayor Williams arrived at 7:05 p.m.

Councilmember Conant moved approval of the January 3, 2012 minutes as corrected, seconded by Councilmember Hovey and carried (5-0)

Councilmember Conant explained that he has been working the City Treasurer to make some further improvements to the financial reports.

Treasurer Blair advised that due to an accounting error, there was an additional $2,012 included in the budget and he recommended the monies be placed in the 2012 Capital Improvement Program (CIP) budget.  

Councilmember Burke asked if the City has received the remaining property taxes collected by Dakota County.
Treasurer Blair responded that the monies held in escrow have been received from the County. He explained that the County advised $40,000 of gross taxes were delinquent and the City’s portion of that amount is approximately 25%. He stated there were six properties that had not paid property taxes and noted that these properties cannot be sold until the property taxes have been paid.

Mayor Williams asked if the County was still holding back a portion of the taxes. Treasurer Blair responded no and advised that the amount received from escrow was $4,000. 

Councilmember Conant asked if there would be a penalty for those properties that have not paid taxes or are late in their payments. Treasurer Blair responded yes. 

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

Councilmember Hovey moved approval of the List of Bills and Monthly Financials, seconded by Councilmember Conant and carried. (5-0)

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

Mayor Williams explained that the City had received a check from the Insurance Trust and he had given the check to the Treasurer.

The Mayor further stated that he had received an email from a resident along Salem Church Road relating to snowplowing because of icy road conditions. He explained that he advised the resident that the snowplowing budget was increased, not decreased and that the City requested the contractor not plow until after the snowfall event. He stated that the resident expressed concerns relating to icy road conditions and he advised the resident to call the City Engineer for sanding if icy patches occur on the road.

Clerk Iago advised that she received an email from Lynnette Olson stating that a vehicle accident had damaged the guard rail on Charlton Road and requested it be repaired. The Clerk explained that she discussed the matter with the City Engineer and he stated the guard rail would be repaired in the spring.

Clerk Iago further stated that Ms. Olson asked if anyone would be available to attend a “Coyote” seminar conducted by the City of Eagan and that she reported some coyote activity within the City.

Mayor Williams distributed copies of the “Hazard Mitigation Plan” for the City of Sunfish Lake; he noted this item would be discussed later on the agenda. He pointed out that the entire County plan is quite substantial and that he only printed the portion of the plan that pertains to Sunfish Lake for Council review.

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

5.   PUBLIC HEARING: None.

6.   PLANNING COMMISSION/PLANNER’S REPORT:

a.   Planning Report:  Planner Brixius explained that the Planning Commission met in January to discuss Park Use Regulations. He advised that Council also directed the Commission to compile a list of the most frequently asked development questions received from City residents. He stated that the Commission reviewed the draft park and open space regulations he prepared and offered suggestions for changes; the changes are included in the draft presented to Council this evening. He referred to the list of most frequently asked development questions and stated they would be discussed as a separate item.

The Planner advised that no applications were received in January; however, the Commission will meet in February to conduct a public hearing on the proposed park and open space ordinance.

b.  Consider Action Directing the Planning Commission to Hold a Public Hearing on an Ordinance Relating to Parks and Open Space Regulations:  Planner Brixius referred to his report dated February 1, 2012 which outlines the changes requested by the Planning Commission to the draft ordinance relating to parks and open space regulations. He advised that due to the recent concerns expressed regarding geocaching and to avoid non-local traffic in the City’s residential neighborhoods, he expanded Chapter 805 to include street and utility rights-of-way. He further explained the following changes:

Section 805.02 was added to prevent unauthorized placement of structures, litter, or personal property within a Sunfish Lake street or utility right-of-way.

Section 805.03, Subd. 1(e) Public Property. This was amended to remove tree climbing as a prohibited use; this was recommended by the City Forester. 

Section 805.03, Subd. 5(b) Behavior. This was amended to reference intoxicating drugs as well as alcoholic beverages as a prohibited use within the park.

Section 805.03.Subd.6 (a) Other Regulations. This was amended to prohibit park use between the hours of 11:00 p.m. and 6:00 a.m.

Section 805.03 Subd. 7 Special Events. This section was added to allow large public gatherings within the parks. He explained the section establishes a City permit process and standards of performance for such events. The Planning Commission and Council should evaluate this language against the City goals for parks and the ability to administrate and enforce these permits. 

The Planner advised that the changes have been incorporated in the draft ordinance presented to Council for review this evening. He suggested that after review and discussion of the ordinance, staff recommends that Council direct the Commission to hold a public hearing on the matter at their March meeting and direct staff to publish the notice of hearing.

Councilmember Hovey advised that the area dedicated to Russ Wahl is called the “Russ Wahl Wetland”. The Planner stated he would place the correct title in the draft.

Councilmember Burke recommended that the hours of prohibited park use should be “dusk to dawn”; he advised that during the winter months it gets dark earlier and there is no lighting at any of the parks. He indicated that the police department might agree.

Councilmember MacManus asked if the ordinance prohibits geocaching.

The Planner advised that the language is included to prevent placement of personal property within a public park or open space or on public lands or street or utility rights-of-way or easements.    

Councilmember Hovey pointed out that in some instances a person does not place a “cache” within the City but merely lists the coordinates and states they were at that location.

Attorney Kuntz asked where this was reference in the draft ordinance. Planner Brixius responded on page 3, Subd. 2(e).

Attorney Kuntz asked where the language preventing geocaching was referenced. Planner Brixius responded Section 805.02 Subd. 1(b) (4).

The Planner advised that as he drafted the language for Subdiv. 7 Special Events, he became less comfortable with allowing events within the parks. He explained that there are no park areas, no sanitation facilities and staff may not be available to police the application process. He indicated that he would recommend the Planning Commission remove this section and limit special events to private property.

Councilmember Conant agreed with the Planner and noted that there would be insurance liability for the City for such events.

Council concurred that it would be appropriate to remove the special events section.

Planner Brixius stated he would present Council concerns and comments to the Commission at the February meeting.

Councilmember Conant referred to Section 805.02 Subd 1(b) and noted that some properties within the City contain utility easements that run across their land and utility companies may have to service these areas by digging.

The Planner indicated that he would be comfortable changing the ordinance to restrict these activities only in street rights-of-way.

Attorney Kuntz stated that in his opinion the language referring to prohibiting geocaching was too obtuse.

Councilmember Conant suggested just stating no geocaching allowed. 

Planner Brixius indicated he used more broad terms as this was the current fad and others could occur.

Councilmember Burke suggested incorporating language to prohibit to any type of game.

After a brief discussion, the Planner stated he would include language prohibiting geocaching.

Attorney Kuntz asked if the Planner would prepare a new draft of the ordinance for staff and Council review prior to the public hearing. The Planner responded yes. He also advised that he would incorporate Council discussion and the Attorney’s recommendations in his report for the February Planning Commission meeting. He advised that the matter would return for Council consideration and adoption in April.

Councilmember Conant asked if Council has the authority to further edit the ordinance after the public hearing.

Attorney Kuntz responded yes.  He noted that the Planner was uncomfortable with conducting special events in the parks and inquired about what type of activities would be appropriate for City parks; he mentioned hiking and picnics. He asked if there should be restriction on the number of people who can assemble in the park at one time.

Mayor Williams pointed out that the use of Sunfish Lake parks are more suited to uses in park preserve areas rather than high activity use for larger parks; he did not foresee problems with large assemblies in the parks.

The Planner asked that Council direct the Planning Commission to conduct a public hearing at their March meeting and to direct the Planner to publish notice of the public hearing.    

Councilmember Conant moved to direct the Planning Commission to conduct a public hearing at their March meeting and to direct the Planner to publish notice of the public hearing, seconded by councilmember Hovey and carried. (5-0)

c.  Review Proposed Items for Most Frequently Asked Questions (FAQ) Brochure:  Planner Brixius advised that the Planning Commission had identified nine questions that are most frequently asked pertaining to development within the City. He explained that he would be working with staff to draft the answers to the questions and would present this information to the Commission at their February meeting. He explained that when the questions and answers are placed on the City website they would be summary answers and persons would be asked to contact the City to confirm if an application or permit is required.
Councilmember Conant suggested that the ordinance should be referenced as part of the answer. Planner Brixius explained that the ordinances are lengthy and he was hoping to keep responses short.

Councilmember Conant suggested placing a “hyper-link” to the section of the ordinance.
Councilmember MacManus suggested a question on parking regulations for special events on private property. The Planner explained that the Clerk had also suggested that question and advised that the police department should be contacted to coordinate special events.  

Councilmember Conant suggested a question on maximum occupancy of a property could be included. Mayor Williams agreed that the number of families that can reside in the same household could be included.

Councilmember Burke questioned if information on septic systems and wells should be included. Planner Brixius explained that property maintenance regulations would include information on wells and septic systems.

Council thanked the Planner for his report.

7.   INSPECTOR’S REPORTS:

a.   Building Inspector: Inspector Neameyer stated he closed several permits this month and that he listed permits that were approved as “P & C” passed and closed; he noted that permits that are not approved but are closed would be listed as “INC” incomplete.

The Inspector indicated that he received a request to extend the building permit for Mr. Bellamo for an additional six (6) months. He stated he is inclined to grant the request since the resident had the permit prior to the ordinance change and therefore it would not set precedence to extend the permit and the fact that Mr. Bellamo is working on the project himself and the quality of work is superior.

Councilmember MacManus asked if it would only be one extension of six (6) months and the Inspector responded yes; he advised the permit would expire in September.

Councilmember Conant asked if the extension would be only for the exterior work. Inspector Neameyer responded yes and explained there is no time limit on interior improvements. He stated that once the permit is issued the person may not abandon the project for more than 180 days. He advised that Mr. Bellamo explained he anticipates having all the exterior work, with the possible exception of some stone work, completed by September 15. He advised Mr. Bellamo that he would have to obtain a new permit for any work that is not completed.

Councilmember Conant asked if there was any activity on the Dobranz property and stated he saw a truck parked on the property. 

Inspector Neameyer advised that he was not aware of anyone occupying the property and explained that the residents are allowed to remove items from the property, but not occupy the property.

Mayor Williams pointed out that the police department is also checking the property.       

Council thanked the Building Inspector for his report.

1. City Engineer: MCES 2012 CAMP Program: Engineer Sterna stated he received the yearly notice from the MPCA regarding participation in the 2012 Citizen Assisted Monitoring Program (CAMP) program and attached a copy of the monitoring schedule to his report for Council information. He indicated that in the past the City has had good volunteer participation for both Sunfish and Horseshoe Lakes, but some difficulty with participation on Hornbeam Lake. He indicated that Council should reconfirm the volunteers for each lake and that he requests a motion from Council approving the City’s participation in the 2012 CAMP program. 
   
   Councilmember MacManus asked if the City would be applying for the CAMP program on its own. Engineer Sterna stated he was unsure and he would review the notice to determine who would apply for the program.
   
   
   Mayor Williams agreed that it has been difficult to find good volunteers for Hornbeam Lake. Engineer Sterna questioned if someone from one of the other lakes would be interested in volunteering to take samples from Hornbeam Lake.
   
   Councilmember MacManus pointed out that some lakes don’t participate in the program and the City may receive a monetary refund for participation.
   
   In discussion, Council suggested that a Boy Scout Troup or a student may be willing to take samples from Hornbeam Lake as part of a project. It was noted that there is no public access to the lake.
   
   Mayor Williams indicated that there may be a resident who would let a volunteer use or launch a boat from their property.
   
   Councilmember Hovey stated he has a friend who teaches Science at Henry Sibley High School and he would ask if one of his students would volunteer to take samples as a class project.
   
   There was discussion relating to the number of samples and time it takes to gather samples from the lakes.
   
   Councilmember MacManus pointed out that there were discussions about reducing the number of samples to be taken from the lakes.
   
   Engineer Sterna asked that any information regarding volunteers for Hornbeam Lake be forwarded to him. 
   
   Councilmember Conant moved to direct the Engineer to reconfirm participation by the volunteers for each lake and to approve the City’s participation in the 2012 CAMP program, seconded by Councilmember Hovey and carried. (5-0)
   
   City Map Revision:  Engineer Sterna advised that he received a call from a concerned resident regarding their ponds and the fact that not all of their ponds were shown on the City map; he stated the map has been revised to include two additional ponds on this property.
   
   Public Works Activities Undertaken in the Month of January: Snow Plowing: The Engineer advised that during the month of January there were only a few minor snowstorms and a few icy road calls.
   
   Anticipated Engineer/Public Works Activities’ for the Month of February:
   
   Evaluating and updating the City’s Capital Investment Program (CIP) for 2012 for Council review and        discussion at the April work session.  The Engineer stated that one project he wished to discuss would be         the Angell Road culvert improvement program. He stated he would be revising the prior CIP and would       forward copies of the document to Council and staff for their review sometime in mid-March. He suggested         that a review of all culverts, easements and drainage ways be conducted and that property owners be contacted to determine their willingness to dedicate easements for future projects. He explained that Grant Fitzer had contacted him regarding the Angell Road Culvert project; he explained that he would contact Mr. Fitzer after Council discussed the CIP. He noted that Mr. Fitzer expressed concern regarding the loss of trees in the easements along his property and that was why he asked for compensation for granting an easement on his property.
   
   Councilmember Burke asked if identification of easements would be done ahead of time and used as the foundational base in preparing the CIP.
   
   Engineer Sterna responded no and pointed out that some projects identified as “road improvements” may require obtaining easements. He suggested that a culvert inventory may be proposed and noted that some roadways, such as Salem Church Road and Grieve Glen Road are in good condition as they recently had improvements. He explained that metal culverts decay after 20-30 years, and there are not many located in the City. He indicated that he may be able to get an assessment of the culverts prior to the April meeting. He pointed out that the new PVC and concrete culverts have a life-span of 75-80 years. He advised that he would not be assessing any of the driveway culverts.
   
   Prepare for the Annual Storm Water Pollution Prevention Program (SWPPP) public hearing in April. The Engineer advised that he would request a motion from Council later on the agenda to schedule the SWPPP public hearing for the April meeting. He stated he would be working with a member of his staff, Jeff Peters, who will be presenting the information at the public hearing.
   
   Councilmember Conant asked if the motion for the public hearing could be made at the March meeting and the Engineer responded yes.
   
   Council thanked the Engineer for his report.
   
   
2. CITY FORESTER: Forester Nayes advised that he issued two (2) burning permits in January, 2012. He stated that the aerial deer count with Three Rivers Park District had not occurred due to lack of snow cover. He explained that he removed more than a dozen high-risk trees adjacent to Angell Road. He also cut off dead treated buckthorn stumps, and cleared low branches and downed trees along the walking trail in Harmon Park.
   
   The Forester stated he wrote articles for the Sunfish lake Quarterly, researched ash replacement trees, located local sources for the trees and confirmed their availability for spring planting. He also attended the Planning Commission meeting to provide background information relating to park usage, geocaching and park trails. He removed green ash trees along Salem Church Road and in Musser Park and found no Emerald Ash Borer activity. He consulted with Xcel Energy and their contractor regarding removal of a large dead red oak tree along the local power line.  
   
   Council thanked the Forester for his report.
   
   FIRE CHIEF: Mendota Heights Fire Chief John Maczko was present and explained that last year he discussed the possibility of upgrading the fire rating for the cities based on an application for a Hauled Water rating. He advised that the insurance risk for properties served by the fire department may be reduced based on the fire rating received. He reported that he was notified the insurance rating for Sunfish Lake had been reduced and that this could mean a cost savings for insurance for residents.
   
   The Chief explained that as soon as he is formally notified of the rating he would advise Council and that the City could provide information on possible reduction in insurance costs to residents.
   
   Councilmember Conant suggested printing a special edition of the Sunfish Lake Quarterly to notify residents.
   
   Council thanked the Fire Chief for this information.  
   
   Attorney Kuntz asked the Fire Chief if his department would be willing to work with residents to provide an assessment of properties regarding removal of tree canopies that extend into the roadway and could hamper access for fire trucks.  Chief Maczko responded that he would be willing to work with residents. 
   
   
3. PUBLIC SAFETY: Mayor Williams explained that Chief Shaver was unable to attend the meeting this evening and he distributed copies of the Chief’s report for Council review. The Mayor reported that the Chief wished to remind residents not to leave valuables in their cars and to lock the car even if it is parked at home.   
   
   

8.   NEW/OTHER BUSINESS: a.  Consider Resolution to Adopt the Dakota County All Hazard Mitigation Plan: Mayor Williams explained that he received a request from the Emergency Preparedness Coordinator that the City approve a resolution adopting the Dakota County All Hazard Mitigation Plan. He referred to the portion of the plan he distributed earlier at the meeting and explained that the plan in its entirety is available for review on the Dakota County website.
Councilmember Burke moved to adopt Resolution No. 12-04 titled, RESOLUTION TO ADOPT THE DAKOTA COUNTY ALL HAZARD MITIGATION PLAN, seconded by Councilmember Hovey and  carried. (5-0) 

b.   Consider Approval of a Joint Powers Agreement (JPA) with Dakota County for Administrative Services Related to the Municipal SSTS Pump Maintenance Program: Mayor Williams explained that previously the City ordinance was changed due to  the Met Council requiring septic pumping every two years and it now appears that the Met Council has changed that requirement to every three years.

Clerk Iago advised that the pumpers must report to the County, however, she has to contact pumpers to obtain this information.

Councilmember Conant asked if pumping removes the excess sludge in the septic tank.

Inspector Neameyer stated he is a State Certified Septic Inspector and explained that the State has increased the rules for pumpers by requiring them to remove the cover, rather than pump from the manhole or stack, and insert the hose to suck up water; he noted that this practice removes most of the sludge.

Councilmember Conant asked if there is any benefit to pumping more than every three years. Inspector Neameyer responded that three years should be adequate for single-family residences.

Jim Sullivan asked if the older septic systems can be pumped from the manhole or stack. Inspector Neameyer responded yes and indicated that the tank can still be flushed in that manner.

Councilmember Burke noted that under Section 5.1 of the Joint Powers Agreement it states that the City will pay for each property every year, therefore the cost would be higher than stated in the memorandum. He commented that he is not opposed to entering the JPA even with the higher cost.

Clerk Iago apologized and indicated that she was not aware of that stipulation; she offered to review this with Mr. Rutten at Dakota County. She stated that she had sent the JPA to the City Attorney for his review. 

Mayor Williams asked if there were any further questions and there was no response.       

Councilmember Burke moved to authorize the City to enter a Joint Powers Agreement with Dakota County

for Administrative Services Related to the Municipal SSTS Pump Maintenance Program and to direct the City Attorney to prepare an ordinance amendment changing the pumping regulation from two years to three years, seconded by Councilmember Hovey and carried. (5-0)

c.  Consider Request from City Clerk for Registration and Lodging Fees to Attend the Minnesota Clerks and Finance Officers Association (MCFOA) Conference in March, 2012: Clerk Iago reviewed her request for registration and lodging fees to attend the annual MCFOA conference in St. Cloud, March 20-23, 2012. She stated she has not been able to make arrangements to share a room at this time, but she would continue to try.

Councilmember Conant moved approve the request from the City Clerk for registration and lodging fees to attend the Minnesota Clerks and Finance Officers Association (MCFOA) conference March 20-23, 2012 and to authorize an expenditure not to exceed $500, seconded by Councilmember MacManus and carried. (5-0)

d.   Schedule Public Hearing on April 3, 2012 to Review the City’s Storm Water Pollution Prevention Program (SWPPP) and the National Pollutant Discharge Elimination System (NPDES): In earlier discussion, Council concurred to schedule the hearing at the March meeting.

e.   Other: Attorney Kuntz noted that Council had suggested discussion of the deer hunt be held early in the year. He questioned what type of information Council would request prior to the meeting. 

Council suggested that information on the Deer Management Plan, the aerial deer count, and a report on the number of deer taken would be helpful. 

Mayor Williams stated the matter could be moved to another date if the aerial deer count information is not available.

Attorney Kuntz suggested that residents should be contacted regarding the change to the septic pumping requirement.

Clerk Iago explained that because the Quarterly is mailed to all residents, an insert with information on the septic pumping change could be included in the mailing and also the insurance rating information.

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

9.   ADJOURN: Councilmember Burke moved for adjournment at 8:30 p.m., seconded by Councilmember Hovey and carried.  (5-0)

___________________________                                                ___________________________

Richard A. Williams, Jr., Mayor                                        Catherine Iago, City Clerk