SUNFISH LAKE CITY COUNCIL MEETING – JANUARY 6, 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 Building Official: Russ Wahl
City Forester: Mark Johnson
City Planner: Laurie Smith
City Engineer: Tim Hanson
City Treasurer: Mike Blair
City Clerk: Cathy Iago
Police Chief Manila Shaver
and Members of the General Public.
Councilmember Richard Williams was absent.
1. CALL TO ORDER- ADMINISTER OATHS OF OFFICE TO NEWY-ELE CTD OFFICIALS: Mayor Molly Park opened the meeting at 7:00 p.m. and City Clerk Iago administered the Oaths of Office to newly-elected officials Mayor Park and Councilmembers MacManus and Conant. Mayor Park introduced and welcomed Roger Conant to the Council.
2. APPROVE AGENDA: Mayor Park explained that she was not prepared to make the appointments for the Planning Commission this evening because staff was checking the status of the current commission term; she asked that this matter be delayed until the February meeting. The Mayor also requested that the February Council meeting date should be discussed and placed that matter under New/Old Business on the Agenda. She asked if there were any further additions or corrections to the agenda and there was no response.
Councilmember MacManus moved approval of the Agenda as amended, seconded by Councilmember DeCourcy and carried.
3. CONSENT AGENDA: The Mayor asked if there were any questions or comments relating to any items on the Consent Agenda. Councilmember DeCourcy corrected a spelling error in the December 2, 2008 Regular Meeting minutes at the bottom of page 4; change the word “lease” to “least”.
Councilmember Conant moved approval of the Consent Agenda with the minutes correction as presented, seconded by Councilmember DeCourcy and carried.
a. Regular Council and Special Council meeting minutes of December 2, 2008.
b. List of Bills
c. Monthly Financial Statements
4. COMMENTS FROM THE PUBLIC: Mike Hovey asked if public comments would be heard during the Conflict of Interest Policy discussion. Mayor Park asked Attorney Kuntz if public comments could be received by Council at that time and he responded yes.
5. 2008 STANDARD BUSINESS PROCEDURES:
a. Appointment of Acting Mayor: Mayor Park recommended the appointment of Councilmember DeCourcy to serve as Acting Mayor in her absence in 2009. Council concurred with her recommendation.
Councilmember Conant moved to approve the appointment of Councilmember DeCourcy to serve as Acting Mayor in the absence of the Mayor in 2009, seconded by Councilmember MacManus and carried.
b. Appointment of Planning Commissioners and Chair: Mayor Park explained that she would present the appointments at the February meeting.
c. Memo and Resolution Designating Official Newspaper: Mayor Park explained that she had misplaced the letter from the Lillie Suburban Newspaper, SouthWest Review, requesting the City designate their publication as the official legal newspaper in 2009. She stated she asked the City Clerk to contact the paper to obtain a copy of the letter.
City Clerk Iago stated that she contacted the newspaper editor and requested a copy of the letter be sent to Mayor Park; she explained the editor informed her the 2008 rates would not change in 2009 for publications and she recommended designating the SouthWest Review as the official newspaper.
Councilmember Conant asked why the Sun Current Newspaper had not submitted a bid. Clerk Iago responded that since her employment with the City she had not seen a request from the Sun Current Newspaper. Councilmember DeCourcy agreed that it had been a few years since the Sun Current had submitted a bid.
Councilmember Conant suggested that the City could request a bid from the Sun Current next year for comparison purposes. Mayor Park asked staff to note the request for next year.
Councilmember DeCourcy moved to adopt Resolution No. 09-01 titled, RESOLUTION DESIGNATING THE SOUTH-WEST REVIEW NEWSPAPER AS THE OFFICIAL NEWSPAPER FOR THE CITY OF SUNFISH LAKE for 2009, seconded by Councilmember MacManus and carried.
d. Memo and Resolution Designating Official Depositories for City Monies: Mayor Park explained that each year the City designates official depositories for City funds. Treasurer Blair advised that the depositories had not changed from last year.
Councilmember Conant asked what criteria are used for investments and if the City spreads the investments between institutions. Treasurer Blair explained that the City is required to invest in Certificates of Deposit and they must be FDIC insured. He stated that he is pleased with current level of service from the CD holder and that he also discusses investments with financial representatives to determine which facilities offer the best rates.
Councilmember Conant asked if the terms for the CD’s coincide with budgetary items. Mr. Blair responded yes and advised that the remaining funds are placed in Money Market Funds in an attempt to avoid penalties.
Councilmember MacManus moved to adopt Resolution No. 09-02 titled, RESOLUTION DESIGNATING FUND DEPOSITORIES FOR THE CITY OF SUNFISH LAKE, seconded by Councilmember DeCourcy and carried.
e. Appointment of Weed Control Manager: The Mayor recommended delegating the Weed Control Manager duties to the City Forester Mark Johnson.
Councilmember Conant asked what the duties of the Weed Control Manager include.
Mark Johnson explained that he focuses on the removal of noxious weeds in the City and that he has removed Burdock, Thistle and Buckthorn from City parks.
Councilmember Conant asked if the job duties also mandate elimination of noxious weeds on private property.
Mr. Johnson responded yes and explained that property owners are responsible for the removal of noxious weeds on private property. He stated that he contacts the residents to advise them to remove the weeds.
Mayor Park explained that Mark is responsible for identifying and requesting residents remove noxious weeds from their property and she noted that he prepares an annual report with educational information for residents.
Councilmember Conant asked what steps are taken if residents do not comply with the request to remove weeds.
Mr. Johnson explained that although he may have to send more than one request, usually the resident complies.
Mayor Park asked the City Attorney to review the procedure listed in the City Code for removal of weeds from private property. Mr. Kuntz explained that the Code allows for the Weed Control Manager to issue a complaint to remove the weeds from private property, however; to date no complaints have been issued since the residents have worked with Mark to eliminate the noxious weeds.
Councilmember Conant stated that in his opinion noxious weeds on private property are a plague in the City and stated he wished to have more information regarding the duties outlined in the City Code.
Mark indicated that he works in conjunction with Dakota County and the DNR to identify and eliminate noxious weeds within the City. He explained that Dakota County has information on noxious weeds.
Councilmember Conant stated he wished to have information on noxious weeds and also the duties of the Weed Control Manager. He commented that he is not pleased with the comment that the weeds are under control because he has seen noxious weeds throughout the City.
Mayor Park advised that Planner Smith could provide the information from the City Code and Mark Johnson could provide information from Dakota County. The Mayor also noted that the Environmental Committee is discussing establishing a Landscape Management Plan for residents to curb future spread of noxious weeds.
Councilmember DeCourcy noted that the County is constantly adding weeds to the “noxious” list.
Adina Overbee commented that some cities have adopted plans for how to eradicate noxious weeds and the Environmental Committee plans to review these models and draft a similar document for Council consideration.
Councilmember Conant stated it is important to recognize there is a problem within the City. Mayor Park commented that it would be nice to have a program in place to eradicate the weeds and as a tool to measure performance .
Councilmember DeCourcy suggested the Forester present his idea for issuance of burning permits. Mark responded that the Tree Committee had discussed the possibility of issuing more burning permits to control Buckthorn but limiting the fee to $40.
Mayor Park asked if there were any drawbacks to the proposal and Mark responded that the group identified a problem with administrative costs if the Forester had to check the burn piles prior to each event.
Adina Overbee suggested that the Environmental Committee study the burning permit issue as it relates specifically to Buckthorn removal and report back to Council at a future meeting. Council concurred to direct the committee to study the matter and report back at the March meeting.
Councilmember DeCourcy moved to ratify the appointment of Mark Johnson as the Weed Control Manager, seconded by Councilmember MacManus and carried.
f. Appoint Representatives to Cable Commission: Mayor Park explained that she serves as the Council representative and James Sullivan serves as the resident representative; she recommended that both be reappointed to serve a two-year running January, 2009 through January, 2011.
Councilmember Conant moved to appoint Mayor Park and James Sullivan as the NDC4 Representatives and to adopt Resolution No. 09-03 titled RESOLUTION APPOINTING TWO (2) REPRESENTATIVES FROM THE CITY OF SUNFISH LAKE TO THE NORTHERN DAKOTA COUNTY CABLE COMJUNICATIONS COMMISSION (NDC4), for a two-year term commencing January 2009 through January 2011, seconded by Councilmember DeCourcy and carried.
6. INSPECTOR’S REPORTS:
a. Building Inspector: Inspector Wahl stated he conducted 4 inspections and issued 1 permit in December.
Mayor Park advised that she had contacted and conversed with Mr. Flynn and Mr. Kampmeyer regarding the security gate issue that was discussed at the last meeting; she noted that both gentlemen were advised that Council discussion indicated that although the pillars could be installed on the property their installation would not automatically approve adding a gate. She noted that both responded it is their hope that a gate would not have to be installed and that since the pillars were constructed there appears to be less traffic attempting to gain access to the property.
Council thanked the Building Inspector for his report.
- City Engineer: Salem Church Road Mill and Overlay: The Engineer distributed the revised feasibility study for Salem Church Road that was updated using the 60% City/40% property owner cost split as identified by Council as the preferred scenario. He advised the total project cost was adjusted to the anticipated bonding amount of $360,000 and a neighborhood meeting was scheduled on January 20.
Update the Surface Water Management Plan: Engineer Hanson advised the update has been completed and the sections that were revised have been submitted to the Met Council and Lower Mississippi River WMO for review. He stated the Mississippi River WMO has completed their review and approved the modification subject to staff comments. He stated that WSB will incorporate the watershed comments and a public hearing would be scheduled in March on the revised plan; after the public hearing the plan would be adopted by the City.
Councilmember Conant asked the Engineer to inform him where he may obtain a copy of the document.
Public Works Activates Undertaken in the Month of December: Snow Removal: The Engineer reviewed the snow removal and sanding events that occurred during the months of November and December. He explained that two complaints were received; a resident on Roanoke Road complained about the winging of snow from the edge of the pavement causing damage to a private sprinkler system. He advised that the sprinkler head was installed in the public right-of-way. He advised that he discussed the matter with the snow removal contractor and they advised they need to “wing” the snow, but they would attempt to scale it back somewhat.
Mayor Park commented that the City may wish to educate residents on placement of sprinkler heads in the right-of-way.
The Engineer advised the other complaints was from a resident on Acorn Drive regarding the use of sand and salt; he noted that last year this was discussed and a resident requested using the sand/salt mixture sparingly on Acorn Drive for environmental reasons.
Councilmember Conant asked the reason for the resident concern. Mr. Hanson explained that the resident indicated the mixture would runoff and contaminate Hornbeam Lake. He advised that in his opinion the runoff would be very minimal and would most likely percolate prior to reaching the lake.
Mayor Park indicated that the resident may have been concern about the runoff entering Wood Duck Pond which is closer to the road. She questioned the City policy for icy roads.
Engineer Hanson advised that sand and salt are applied under icy conditions to insure vehicle safety. He noted that most comments received from residents have been complimentary.
Anticipated Engineer/Public Works Activities’ for the Month of January: Salem Church Road – A neighborhood meeting to discuss the feasibility study with interested parties will be held on January 20, 6:00 to 9:00 p.m., at St. Anne’s Church.
Charlton Road Feasibility Study - The study will be updated as directed by Council at the December meeting.
Surface Water Management Plan - Respond to comments that were received from the watershed.
Councilmember MacManus asked when the Public Hearing on Salem Church Road would be held and the Engineer responded at the February Council meeting.
Council thanked the Engineer for his report. - CITY PLANNER: Planner Smith advised that the January Commission meeting was cancelled since no applications were received. She explained that the Comprehensive Plan Update draft submitted to the Met Council has been deemed completed by their staff. She stated that a Planning Committee would review the document and pass it on to the Met Council for their review; once these reviews are completed the document would be submitted to Council for adoption.
Councilmember Conant asked how often the updates to the Comp Plan occur. Planner Smith responded that the City is required to update the plan every 10 years. She explained the only other factor that would warrant an update earlier is if the Met Council changes their framework; she advised that this had happened in the past when the City adopted its update in 1996 and then the Met Council changed its framework in 1998 a new plan had to be adopted.
Council thanked the Planner for her report. - CITY FORESTER: Forester Johnson reported that he had removed dead Elm, Ash, Buckthorn and Burdock within the City and had also removed a dead deer carcass. He stated that he attended a meeting with the Tree Committee in December as previously mentioned. He noted that he had contacted a resident to inform them of a diseased Dutch Elm on their property that must be removed. He further advised that he contacted and met with the Police Department regarding the disposal of computer equipment within the City.
Council thanked the Forester for his report. - PUBLIC SAFETY: Mayor Park distributed the Public Safety monthly report for December, 2008. Chief Shaver reviewed the calls and explained that police had conducted a “drug raid” at a rental property in the City on December 11 that resulted in arrests; he explained it was a joint venture with Dakota County and other agencies. He also reported there was a fire at a residence that resulted in smoke damage.
Councilmember Conant explained that the tickets he had reported stolen had arrived by mail today.
Councilmember MacManus questioned the theft that occurred in the City; Chief Shaver advised that one of the incidents was a civil matter, one was a theft from a vehicle at Bethel Baptist Church and the third was unfounded.
The Chief explained that he is pleased that residents within the City are alert and call police when they notice unusual circumstances or suspicious vehicles; he advised that one of the suspicious vehicles reported was the Drug Task Force stake-out van.
Councilmember Conant commented that when he contact police to make a report regarding the stolen tickets he was impressed with the auxiliary police person that took the report as well as the office staff that assisted him in obtaining a copy of the report. He explained that he was not impressed with the new dispatch operation since he had contacted the police approximately three months ago regarding a suspicious vehicle and it took a long time to get a response; he commented that it appeared as if the dispatch staff was not aware of the City of Sunfish Lake location.
Chief Shaver agreed that there were such incidents during the initial transfer phase of the Central Dispatch operation; he noted that hopefully these incidents will not occur in the future. He commented that the philosophy of the new manager is that all calls should be 911 whether or not they are an emergency; he advised that he does not agree with this philosophy.
Mayor Park asked if the Central Dispatch and its procedures will be reviewed and Chief Shaver responded yes and noted there is a review board designated.
Council thanked Chief Shaver for his report.
7. OTHER BUSINESS:
a. Set February Meeting Date and Salem Church Road Public Hearing: Mayor Park explained at the December meeting Council changed the Regular meeting date in February to the 10th ; however it appears as if more officials will be absent on the 10th of February. The Mayor suggested that the meeting be moved back to the 3rd and asked Council and staff if the change would be agreeable for their schedules. Council and staff concurred with moving the meeting to the 3rd.
City Attorney Kuntz explained that a motion would be required to reschedule the meeting and that a notice must be posted at the Church at least three days prior to the meeting by the City Clerk.
The Mayor advised that a public hearing on the Salem Church Road improvement should also be scheduled for that date and asked if a separate motion is necessary; she questioned the start time of the Public Hearing.
The City Attorney advised that Council may schedule the public hearing at 7:00 p.m. and begin the hearing as soon as the meeting is opened; normally Council conducts the hearing prior first before other business.
Councilmember DeCourcy moved to change the Regular City Council meeting from February 10 to February 3 and to direct staff to post the appropriate notice of the meeting date change, seconded by Councilmember MacManus and carried.
Councilmember Conant asked if any controversy or opposition to the proposed improvement project is anticipated.
Mayor Park stated she is unsure at this time; Councilmember MacManus questioned if the residents are aware of the project.
Engineer Hanson indicated that he believes some residents are aware of the improvement and noted that the purpose of the neighborhood meeting and public hearing are to inform the residents of the project and receive their input. Mayor Park noted that she had mentioned the improvement project in the Sunfish Lake Quarterly and also the proposed assessment.
Councilmember Conant asked if the notice sent to residents would reflect the proposed assessments and the City Attorney responded yes.
Engineer Hanson explained that the estimated project cost is $360,000 and the City proposes a 60% City and 40% resident cost sharing for the assessments. He explained that per buildable unit the proposed assessment would be $2,280 and that there are over 50 units identified for assessment. He stated that the notice would be mailed to 50 landowners and that the public hearing notice would be published twice prior to the February 3 meeting. He explained that at the meeting he would review the feasibility report and the proposed assessment; he noted that the assessment proposes a 10-year payment term with an interest rate.
Attorney Kuntz explained that the information was distributed to Council at their December meeting and offered to
resend the information to Council in advance of the public hearing.
Councilmember MacManus asked if residents were aware of the information and that it would be preferable for them to see the information prior to the public hearing.
The City Engineer stated he would include the information with the notices sent to residents for the open house and public hearing.
The Attorney pointed out that the assessment hearing for the project is not held until the project is completed in the fall so that the correct amounts may be used to calculate the assessments.
Councilmember Conant asked of the assessment amount could be increased. Mr. Kuntz responded that it is possible it may increase or decrease depending on the bids. He noted that normally a 10 percent construction contingency is included in the estimated costs and that the Engineer usually estimates the costs higher to allow for unforeseen circumstances.
Engineer Hanson confirmed the Attorney’s comments and noted that fuel costs were higher when he originally calculated the project costs.
Mayor Park asked if there was any further discussion and there was no response.
Councilmember Conant moved to schedule a Public Hearing at 7:00 p.m. at the Regular Council meeting held February 3 and to direct staff to publish and post notice, seconded by Councilmember MacManus and carried.
b. Consider Resolution Approving 2009 NDC4 Budget: Mayor Park explained that the City Clerk had contacted Jodi Miller at NDC4 to discuss the proposed 2009 NDC4 draft budget.
Clerk Iago explained that under the Joint Powers Agreement the member cities are asked to review the proposed budget and either approve or disapprove by action at a meeting; if Council does not take action the budget is automatically approved by default after six weeks. Ms. Iago stated that she was informed by Ms. Miller the City will continue to receive 25% of the franchise fees collected within Sunfish Lake. She also noted that NDC4 uses the surplus funds from the past year for Capital Expenditures so that it is in their best interest to be prudent with spending the budgeted funds. She advised that copies of the budget were sent to Council for review in December and that she had a copy at the meeting for examination.
Councilmember Conant asked to review the proposed budget document.
Mayor Park stated that she had received a copy of the document but misplaced it and James Sullivan stated he had not received a copy. The Mayor and Mr. Sullivan indicated that there were no controversial budget discussions at the meetings they attended.
Clerk Iago reported that Ms. Miller commended the City representatives as having the best attendance of any of the member cities.
Councilmember MacManus moved to approve the 2009 Northern Dakota County Cable Commission Budget as presented, seconded by Councilmember DeCourcy and carried.
c. Discuss City Employee-Consultant Contracts and Compensation: Attorney Kuntz referred to his memorandum dated December 30, 2008 and attached regulating to the employee-consultant contracts and compensation. Mayor Park stated she and Councilmember MacManus had been appointed to review compensation for these positions.
Mayor Park asked if each position should be determined separately and Mr. Kuntz suggested that would be preferable.
Councilmember MacManus commented that in her opinion the Clerk does a marvelous job and she would support a salary increase for this position.
Councilmember Conant asked if performance evaluations are done in private. Mr. Kuntz stated the evaluations were completed in December for all positions.
Mayor Park explained that she also recommends an increase for Clerk Iago; she advised that she contacted the League of Minnesota Cities to determine an appropriate increase as compared to other cities and was advised that the average was between 3 and 4 percent based on the cost of living index. Treasurer Blair concurred that the CPI index for clerical public employees as between 3 and 4 percent.
Councilmember Conant questioned if the CPI index was for 2007 or 2008; Mr. Blair advised it was for 2007.
Mayor Park asked if a 3 to 4% increase for the position would affect the budget; Treasurer Blair confirmed that the 2009 budget would accommodate an increase between 3 and 4 %.
Councilmember MacManus recommended a 4 percent increase for the position. She noted that the hourly consultants notify Council in December for increases.
Clerk Iago commented that as requested she had tracked her time during the year and calculated her hourly wage to be $18.00 per hour; she noted that amount is well below what most Dakota County clerks are paid. She further commented that she enjoys working for the City and would continue to do so if an increase is not approved.
Councilmember Conant questioned if it was for both positions or only for Cathy Iago. He commented that he was not opposed to the 4 percent increase; however, in his opinion it would far exceed other government increases for 2009.
Mayor Park explained that she reviewed increases for other Dakota County cities and found that they were between 3 and 4 percent. She suggested considering each position separately.
Councilmember DeCourcy moved to approve a 4 percent increase for City Clerk Catherine Iago effective January 1, 2009, seconded by Councilmember MacManus and carried.
Councilmember DeCourcy moved to approve a 4 percent increase for Iago Consulting, LLC as Administrative Services for the City effective January 1, 2009, seconded by Councilmember Conant and carried.
Mayor Park advised that Treasurer Blair stated he was pleased with his current salary and that no increase would be necessary. Mr. Blair confirmed that he does not require an increase in salary at this time.
Councilmember Conant pointed out that although the hourly pay is listed, there is no maximum salary. He preferred a maximum be established for the hourly positions in order to maintain some control. He noted that if a project arises that requires the position to exceed the maximum salary the person would have to seek permission from Council.
Councilmember MacManus noted that there is a budgeted figure set each year.
Mr. Blair explained that his duties are standard procedures and normally he does not exceed the budgeted amount; he noted that would pertain more to the Forester position. He stated that the hourly consultants are aware of the budget amounts and would seek permission if a project would exceed that figure.
Councilmember Conant suggested that salary discussions be held in conjunction with the budget discussion for next year.
Councilmember MacManus noted that the Forester’s budget has not changed over several years; recently Council had discussed the fact that he may be doing less work based on his hourly rate and the budgeted amount for his position.
Councilmember Conant pointed out that if there is a demonstrated need for additional work Council should authorize the funds; he stated in his opinion it is important to further discuss this matter.
Treasurer Blair agreed that the issue should be discussed in August prior to adopting the budget; he noted that due to the PERA issues that arose he is very comfortable with his current salary.
Councilmember Conant moved to make no change to the salary for Treasurer Blair, seconded by Councilmember MacManus and carried.
Mayor Park explained that recently Mark Johnson had formed an LLC and his fee was increased from $24 to $40 per hour; she noted that Council had authorized additional funds last year for Mark to remove Buckthorn from City parks.
Treasurer Blair pointed out that Mark was also required to obtain insurance when he formed the LLC.
Councilmember DeCourcy indicated she would prefer to increase the number of hours for the position rather than the $40 fee.
Mr. Johnson commented that he is comfortable with the $40/per hour rate.
Councilmember Conant asked how the insurance requirement impacted the fee. Attorney Kuntz explained that he was required to list the City as an additional insured on the policy.
Council concurred compensation should be discussed in August along with the budget for the following year.
Councilmember MacManus moved to make no change to the $40 per hour rate for Johnson Tree Car, LLC for the City Forester services, seconded by Councilmember DeCourcy and carried.
d. Discuss Conflict of Interest Policy: Attorney Kuntz referred to his memorandum dated December 30, 2008 and attachments relating to the Conflict of Interest Policy. He explained that in 1991 a resolution was passed which stated that consultants could not work for residents in the City on matters that required City Council approval and also stated that consultants could not work on any land within the City; this referred to tree trimming, landscaping, excavation, etc. He stated that in August, 2008 the issue arose during contract discussions with the City Forester and at that time Council determined their preference would be to include some sections of the policy as part of the Forester contract with the exception being that if the company was contacted by private citizens on matters that did not require City oversight or approval the Forester could perform work for residents. Council also agreed that discussion of this matter would continue in December during the consultant reviews. He noted that the minutes also reflect Mr. Bancroft’s comments supporting upholding the policy as originally adopted.
The Attorney reviewed the five options listed as paragraphs 1 thru 5 in his memorandum and advised that Council could adopt all the options or some variation of the options presented. He indicated that in previous discussions it was his opinion that Council concurred with the statements in Options No. 1 and 2 as listed; Option 1 outlines the definition of City Business and specifies that no employee or consultant shall work for a private citizen on any matter of City business; Option 2 defines Other Governmental Entities and allows the consultant or employee to work for other entities with the exception of any matters of litigation or requiring permits or approval from Sunfish lake and it provides that Council determine if the consultant or employee shall represent the City on such matters or if they would hire an outside individual or company.
Mr. Kuntz advised that he is seeking Council direction regarding Options 3, 4 and 5 and after Council determines if they wish to include any or all three of these options he will draft a new resolution for adoption at a future meeting.
The Attorney provided the following comments:
Options 1 and 2: Mr. Kuntz advised there appears to be Council consensus to include these two options.
Option 3, Work for Councilmembers: Mr. Kuntz Attorney noted that in the past former Councilmember Bennett and Treasurer Mike Blair had disclosed that Mr. Blair had done tax accounting work for Mr. Bennett. This is no longer an issue since Mr. Bennett is retired from Council.
Option 4, Work for Planning Commission Members: Mr. Kuntz stated that in his opinion employees or consultants should not work for either body.
Option5, Work for Private Landowners on Land in City: Mr. Kuntz stated that the only position impacted by this option is the City Forester.
Councilmember DeCourcy stated she understands the necessity for Options 1 thru3; however she does not concur with Options 4 and 5. She advised that in her opinion it is an advantage to have a Forester work in the City who has such vast experience and knowledge of the land. She pointed out that Mark has worked for the City for 18 years without a problem.
Councilmember Conant asked if there have been any complaints regarding a conflict under Option 5. Mayor Park explained that the issue arose in 1991, as mentioned by Mr. Bancroft, and that was the catalyst for the resolution and policy. She advised that it was a disagreement for payment between the property owner and the private company but it did not involve Mr. Johnson.
Councilmember MacManus pointed out that Mark has now formed a company and therefore any dispute would be between his company and the resident and should not involve the City.
Councilmember Conant explained that when serving in the capacity as the Forester if Mark’s company requires a resident to remove a diseased tree and then offers to do the work it would be an unfair advantage to his competitors. He also pointed out that if someone was injured by the company while doing the work it could be argued that he was acting on behalf of the City as their agent.
Mr. Kuntz agreed and provided examples of how circumstances that could be convoluted; he suggested that it may be possible to include language that states the employee/consultant could work on land in the City but incident to enforcement. Councilmember Conant suggested the language be revised to state “as long as business is not incident to his order”.
Councilmember DeCourcy suggested that the company could provide a full disclosure and release form releasing the City from liability.
There was a lengthy discussion with various scenarios relating to the Forester performing work on land in the City.
Mayor Park asked if work could be done if a resident initiates the request to Mark’s company.
Mr. Kuntz responded that Council could make that determination and he would draft it into the policy.
In summary the Attorney pointed out that there appears to be the following Council consensus on the Options as proposed: Options 1, 2, and 3 should remain, Option 4 should be eliminated and Option 5 should be revised to include language which allows the employee/contractor to work on land in the City with the exception of projects that require enforcement or are listed as part of the duties under City Code such as the removal of Dutch Elm, noxious weeds, unless the property owner has solicited the work before notification occurs.
Councilmember MacManus expressed her concern regarding working for residents in the City and stated that she understands how a conflict could arise after the discussion.
Adina Overbee commented that in her opinion the policy may place Mark in conflict having to blind his eyes to infractions within the City and she suggested that property owners could sign a waiver releasing the City from liability.
Councilmember Conant pointed out that the position requires an enforcement officer and he preferred to keep the authority separate from the work duties. He noted that the Building Inspector could tell a resident that some type of pipe was needed but he cannot offer to install the pipe. Mr. Wahl agreed that would be a conflict of interest.
Mike Hovey expressed his concern that Option 5 limits the homeowner from choosing who they wish to have remove a tree on private property.
Mayor Park agreed that the policy would require a change of behavior for residents and elected officials. She called the question on this matter
Attorney Kuntz offered to revise the policy for discussion at the next meeting as follows: Retain Options 1, 2 and 3, deleting Option 4 and prepare alternative selections with language modifications for Option 5. Council concurred.
The Mayor asked if there was any further business and there was no response.
9. ADJOURN: Councilmember DeCourcy moved for adjournment at 9:20 p.m., seconded by Councilmember MacManus and carried.
______________________ ___________________________
Molly Park, Mayor Catherine Iago, City Clerk
We are a small community proud of our heritage and committed to the preservation of our pristine, rural character. We cherish our privacy, yet know we are part of a thriving Dakota County and the greater Twin Cities metropolitan area. With these partnerships in mind, we strive to preserve that unique spirit which is Sunfish Lake, Minnesota.