SUNFISH LAKE CITY COUNCIL MEETING – JANUARY 7, 2020

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

 

Attendants:

Councilmembers:  Mike Hovey, Steven Bulach and Shari Hansen

City Attorney:  Tim Kuntz

City Planner: PeggySue Imihy

City Engineer:  Jeff Sandberg

City Treasurer:  Ann Lanoue

City Forester: Jim Nayes
Police Chief:  Brian Sturgeon

City Clerk:  Cathy Iago

     and Members of the General Public.

Mayor O’Leary arrived at 7:05 p.m. and Councilmember Wahlstrom and Building Inspector Andrejka were absent.

 

1.   CALL TO ORDER:  Acting Mayor Hovey called the meeting to order at 7:00 p.m.  

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

Clerk Iago explained that Council had tabled the Planner’s report from the December meeting to the January meeting. She stated that the Planner’s report should be tabled again to the March meeting since there would be no Planning Commission meeting in February.

Treasurer Lanoue stated that the City Attorney had distributed a revised resolution designating Official Depositories for City Monies and that she added an additional depository due to the recent bond issue.

 Acting Mayor Hovey asked if there were any further additions to the agenda and there was no response.  

Councilmember Hansen moved to adopt the agenda as amended, seconded by Councilmember Bulach and carried. (3-0)

3.  CONSENT AGENDA:  Acting Mayor Hovey asked if there were any questions or comments relating to any items on the Consent Agenda. He asked the Treasurer if the City funds were within the budgeted amounts.

Treasurer Lanoue responded yes and explained that she had anticipated the final payment for the Charlton Road improvement project but it was not submitted.

Engineer Sandberg stated that the contractor did not submit the payment this month and it should be on the next agenda.

Mayor O’Leary arrived at 7:05 p.m.

Chief Sturgeon advised that only three (3) false alarms should have been placed in his report as one incident was duplicated and that the number was down substantially from last year.

The Chief also reported that the deer hunt was now completed and that 6 deer without antlers and 4 deer with antlers were taken by the MetroBow Hunters group.   A few additional deer were taken by residents.  He stated that in the past 10 years, over 90 deer had been removed by the MetroBow Hunters, and an additional 20 deer removed during the resident hunting days.  He advised that less deer were taken this year and that may have been due to the weather conditions.

Mayor O’Leary asked the Chief to explain if the accident on Salem Church Road was due to road conditions. He also asked the Chief to explain the “civil assist” complaint relating to snowplowing.

Chief Sturgeon explained that a construction vehicle on Salem Church Road was struck from behind because another vehicle was traveling too fast on the road and was unable to stop in time. He advised that a resident on Salem Church Road near Delaware Avenue had called to complain.  The private snowplowing contractor from across the street was pushing snow into his yard.  The Chief explained that the police contacted the private plowing contractor to advise that it is against the law to push the snow onto neighboring property and also told the reporting resident to let the police know if this occurs in the future.

Councilmember Hovey advised the City Engineer that a resident was plowing their snow on either side of the fire hydrant at Delaware and Charlton Road; he asked if this would damage the hydrant.

Engineer Sandberg explained there should be a flag in place to define the hydrant and he offered to review the area near the hydrant after the meeting.

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

Councilmember Bulach moved approval of the Consent Agenda as presented, seconded by Councilmember Hovey and carried. (4-0)

a.   Special and Regular Council Meeting Minutes of December 3, 2019

b.   List of Bills

c.   Monthly Financials

d.   Receive Building Inspector Report

e.   Receive Forester Report

f.    Receive Public Safety Report.

 

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

5.  PRESENTATIONS – ADOPTION OF 2020 STANDARD CITY BUSINESS PROCEDURES:  a. Appointment of Acting Mayor: 
Mayor O’Leary recommended the appointment of Councilmember Hovey as the senior member of the Council to serve as Acting Mayor in his absence in 2020.

Councilmember Bulach moved to ratify the appointment of Councilmember Hovey to serve as Acting Mayor in 2020, seconded by Councilmember Hansen and carried. (4-0)

 

b.   Re-Appointment of Planning Commissioners Ginny Beckett and Jeannine Nayes and Chair Tom Hendrickson:

 

Mayor O’Leary moved to reappoint Planning Commissioners Ginny Beckett and Jeannine Nayes to serve three-year terms commencing January 1, 2020 to December 31, 2022 and to reappoint Tom Hendrickson to serve as Planning Commission Chair for 2020, seconded by Councilmember Hansen and carried. (4-0)
 

c   Memo and Resolution Designating Official Newspaper: 

 

Mayor O’Leary moved to adopt Resolution No. 20-01 titled, RESOLUTION DESIGNATING THE ST. PAUL PIONEER PRESS AS THE OFFICIAL NEWSPAPER FOR THE CITY OF SUNFISH LAKE FOR THE YEAR 2020, seconded by Councilmember Hovey and carried. (4-0)

 

d.   Memo and Resolution Designating Official Depositories for City Monies:  Treasurer Lanoue explained that the revised resolution included Ehlers Investment Partners due to the recent bond issue for the Charlton Road Improvement project.

Mayor O’Leary moved to adopt Resolution No. 20-02 titled, resolution designating fund depositories for the City of sunfish Lake for 2020, seconded by Councilmember Bulach and carried. (4-0)

 

e.   Appointment of Weed Control Manager:  Mayor O’Leary recommended the appointment of City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager for 2020.

 

Councilmember Bulach moved to ratify the appointment of City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager for 2020, seconded by Councilmember Hansen and carried. (4-0)

 

f.    Appointment of Noise Oversight Committee (NOC) Representative:  Clerk Iago explained that she had not received a request from either NOC or LMRWMO regarding reappointment of representatives to these organizations.

Mayor O’Leary stated he was willing to continue to serve on the NOC given the recent events related to the City of Eagan’s letter to the FAA. He also noted that his wife had agreed to continue to serve as the LMRWO representative until either the alternate, Jim Stowell, or another resident volunteers to do so.
 

g.    Appointment of LMRWMO Lower Mississippi River Watershed Management Organization Representative

Councilmember Hovey moved to appoint Mayor O’Leary to serve as the Sunfish Lake representative to the Noise Oversight Committee (NOC) and Patti O’Leary to serve as the Sunfish Lake representative to the Lower Mississippi River Watershed Management Organization (LMRWMO) for 2020, seconded by Councilmember Hansen and carried. (4-0)

6.  PLANNING COMMISSION/PLANNER’S REPORT:  Mayor O’Leary introduced the new Planner PeggySue Imihy and asked her to provide a brief overview of the transition for Council and staff.  He explained that he had not yet received a response from the former planner regarding the status of the City’s Comprehensive Plan.

Planner Imihy explained that she received a Master’s Degree in planning and had been working for WSB for the past 2 years. She noted that she also serves as the planner in a few other communities and that she is aware of the high zoning and building standards within the City of Sunfish Lake.  She advised that the transition of information from the former planning firm had gone well and that all files had been transferred to her firm.  She commented that in the future she may request the digitalization of all the City files versus having some paper copies.

Planner Imihy stated she had not yet received a response from the former planner regarding the status of the City’s Comprehensive Plan with the Met Council, however, she indicated that she could contact the Met Council to obtain a copy of their report and determine what remains outstanding.  She also noted that she could use the assistance of other staff in her office to compile the information at a lesser cost to the City. 

Planner Imihy introduced Planner Ryan Krzos from WSB and explained that he would be working with her as a team member to cover meetings she was unable to attend.

Mayor O’Leary thanked Planner Imihy for her presentation.  He offered his opinion that the City should not have to pay twice for the same work and asked the City Attorney to make a courtesy call to the former planning firm to obtain the necessary information related to the status of the Comprehensive Plan at the Met Council. 

Attorney Kuntz responded that he would contact the former planner regarding the information.

Planner Imihy explained that many of the comments may be related to engineering items and could be addressed by one of the engineers at WSB.

 

Mayor O’Leary stated he would prefer not to spend money for the same work if it had already been done.

Councilmember Hovey suggested that staff should review the bills from the former planner to determine what the City has paid related to the Comprehensive Plan work.

Treasurer Lanoue explained that there was one invoice this month in the amount of $1,931.38, and that the line item cost for the Comp Plan was $39.38.

 

Mayor O’Leary suggested that the City hold the check to the planning firm until a response is received on the status of the Comprehensive Plan.  Council concurred.

 

The Mayor explained that he had received a call from a resident who was attempting to sell her home regarding multiple vehicles parking at the residence at 400 Salem Church Road.  He referred the matter to the planner to determine if there were any laws against multiple vehicles parked on a property.

Planner Imihy explained that she found there were no City ordinances that prohibit the number of vehicles that can be parked on a property. She noted that if the vehicles are considered “junk” vehicles that are not operable, they must be stored in a side yard or building. She noted the vehicles at this location are all in the rear yard of the property.  She suggested that Council may consider adopting regulations in the future to limit the number of vehicles that may be parked, but currently there are no regulations.
 

Mayor O’Leary explained that he responded with an email to the resident and suggested she have a conversation with her neighbor regarding moving the vehicles until her home is sold.  He commented that in his opinion items of this nature should be settled between neighbors and not by the City.  He further noted that he would prefer not to impose such parking regulations unless it becomes a larger issue.

 

Councilmember Hovey noted that the City had dealt with parking issues in the past and that there should be some regulations on parking “junk” vehicles on properties.

Councilmember Bulach noted that the vehicles at this location are being driven and would not be classified as “junk” vehicles.

After a brief discussion Council concurred not to take any action on further regulations at this time.

 

a.  Planner’s Report:  Clerk Iago advised that there was no need to table the Planner’s report to the March meeting since Planner Imihy had given a report this evening.
 

Council thanked the Planner for her report.
 

7.  ENGINEER’S REPORT:  1. Engineering Activities Undertaken in December:     A. Review City Snowplowing Policy:  Engineer Sandberg explained that he had attached a copy of the City’s Snowplowing Policy to his report in light of concerns from the public regarding snowplowing.  He introduced Craig Kromrey from the snowplowing company, Executive Contractors, and advised that he asked him to be present this evening for this discussion. He explained that he and Mr. Kromrey were reviewing options to increase the effectiveness of the snowplowing efforts within the City. 

The Engineer explained that the contract specifications and bid were based on the City’s Snow Removal Policy which required that plowing be done after a snow event of 2-inches or more or if deemed necessary by the Mayor or City Engineer.  He advised that the cost of the 2019-2020 contract was $36,000 for the entire season.  He stated that in his opinion Mr. Kromrey was very responsive and receptive to the City’s concerns relating to plowing.  He noted that an email address was established so that residents could send their concerns to the contractor without having to make several phone calls.  He further noted that Mr. Kromrey was available to respond seven days a week and 24 hours a day, which is not the usual response from a contractor.

Engineer Sandberg stated that he drove both Salem Church Road and Charlton Road this evening and found the conditions to be quite icy.  He explained that he asked the contractor to place sand and salt on both roads.

The Engineer referred to his report and reviewed the three (3) options for Council to consider:

 

Option 1:  For an additional cost of approximately $20,000 the City could increase the sand/salt application on the road; this is based on a cost of $190 per ton and would place salt on all roads in the City for approximately 15 events per year.  Engineer Sandberg stated this was too costly and he would not recommend this option.

Adam Wilson, 336 Salem Church Road, questioned the math for placement of sand/salt on Salem Church Road and noted the cost should be approximately $8,700 to treat Salem Church Road.

Engineer Sandberg explained that he would have to recalculate and determine how he reached that amount.

Option 2 To treat Salem Church Road with sand/salt for 15 events would cost approximately $8,775

 

Option 3 To apply sand/salt in only problem areas along Salem Church Road for 15 events would cost approximately $2,925.  The Engineer explained that because this is a collector street with more traffic, the expenditure could be justified.  He commented that the Council could also chose to keep the contract as is and only request additional treatment when necessary.

 

Engineer Sandberg further explained that Mr. Kromrey had recently purchased new equipment in order to pre-treat the streets with a salt brine that prevents bonding to the road and makes it easier to remove ice from the roadway.  He advised that he discussed using the salt brine in the City and Mr. Kromrey had requested an additional $3,000 for pre-treating all the roads within the City before each snowfall event. Engineer Sandberg stated that the City had budgeted $38,000 for snowplowing and that the current contract cost was $36,000, which includes street sweeping in the spring.  He stated that there should be sufficient funds within the budget to cover the cost of the treatment and recommended Council authorize the expenditure.

Mayor O’Leary introduced Adam Wilson, 336 Salem Church Road, and explained that Mr. Wilson’s 10-year-old daughter had fallen on the road.   He read information he received from the students and science teacher at Visitation school regarding the use of pickle juice on roadways to melt the ice and how it would protect the environment.  He also read the response he sent to the students thanking them for their information and noted that the City Engineer had also sent a response to the students. 

 

The Mayor stated that he would agree the City should use “best management practices” for the environment and that he would prefer not to increase the amount of salt on the roads as it could infiltrate the City wells.  He further noted that he asked for a flyer to be sent to all residents within the City asking them to drive slowly and adjust to the weather conditions.

Mayor O’Leary referred to the information Councilmember Bulach found in the City of West St. Paul newsletter regarding the use of the salt brine solution on their streets. 

 

Engineer Sandberg reviewed the options and their costs.

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

 

Mayor O’Leary moved to approve the expenditure of $3,000 to Executive Contractors for the use of de-icing salt brine materials on the streets, seconded by Councilmember Hovey.

 

In discussion, Mr. Wilson pointed out that the Snow Plowing Policy stipulates all snow and ice be removed from the City streets.

 

Engineer Sandberg explained that the policy requires plowing be done, but it does not guarantee the streets will be totally free of all snow and ice.

Mr. Wilson commented that he would rather have performance from the contractor enforced.

 

Mayor O’Leary explained that the issue in Sunfish Lake is similar to other communities with dense vegetation in that the trees block the sun from melting the snow and ice on the roads.

 

Mr. Wilson pointed out that he was not sure the plowing was being done correctly or enforced.  He stated that the cities of West St. Paul and Mendota Heights do have these issues. He asked if Sunfish Lake could contract with either of those cities.

Mayor O’Leary explained that both of those cities have full-time public works personnel so it is not a fair comparison.

Councilmember Hovey explained that the City had discussed contracting with West St. Paul in the past, however, it was determined that the streets in Sunfish Lake would be the last ones plowed after all the West St. Paul streets were done.

 

Mr. Wilson pointed out that Sunfish Lake also contracts for Police and Fire services and questioned if there was a fire in their town would the Sunfish Lake fire have to wait.

Mayor O’Leary pointed out that there would be sufficient fire agencies to assist with that type of emergency.

Engineer Sandberg stated he was surprised at the icy condition of the roads when he drove through town this evening, however, he noted he had not received any complaints from residents.  He commented that he had received a phone call before the holidays from a resident who was having a memorial service at her home and that Mr. Kromrey had plowed near her home on a Saturday to accommodate the event. He stated that type of service would not be available if Sunfish Lake contracted with another city.

Mr. Wilson commented that the onus is on the citizens to report road conditions. 

 

Councilmember Bulach asked Mr. Kromrey if he only plows during the snow event or if he checks back after the event to determine if the snow is melting and needs to be moved off the road.

Mr. Kromrey explained that he does try to drive through the City after the snow event to determine if the snow has melted and that he would try to be more diligent in doing so.

Councilmember Bulach agreed that would help and explained that he would not be opposed to receiving an invoice for services if the contractor finds an area on the roads that should be addressed with de-icing materials.

Mayor O’Leary asked the contractor if his personnel stop for stop signs when plowing.

Mr.  Kromrey explained that most of the personnel slow down near the stop signs because they are pushing heavy wet snow, however, he does have dash cameras and can check to see if they are stopping. 

The Mayor pointed out that the person at the stop sign has the expectation the plow will stop and asked that the contractor and his staff do so.

Engineer Sandberg stated that he talked to the contractor about this issue and was advised it is their policy to stop when another vehicle is present.

 

Councilmember Hovey called the question.

 

Motion carried. (4-0)

 

B.  Discussion on Salem Church Road and Delaware Ave Intersection:  Engineer Sandberg explained that when he met with Dakota County to discuss the 2040 Transportation Plan update, he brought to their attention the dangerous grade and treacherous traffic conditions at the intersection of Salem Church Road and Delaware Avenue.  He stated that Dakota County pulled their accident data and he was surprised that there was no data at the County showing accidents at that location.  He then asked Chief Sturgeon to review accident information from the cities of West St. Paul, Mendota Heights, and the State Highway Patrol and sent that information to Dakota County. He explained that Dakota County responded that they would look into the matter.

Engineer Sandberg suggested that it may be helpful for the City to adopt a resolution outlining their concerns and requesting assistance.

Mayor O’Leary asked if there were any questions or comments and there was no response.

Mayor O’Leary moved to request that staff prepare a resolution for submission to Dakota County that outlines the City’s concerns regarding the hazardous conditions at the intersection of Salem Church Road and Delaware Avenue and requesting County assistance to remedy the situation, seconded by Councilmember Hansen and carried. (4—0)

 

C.   City Map Update:  The Engineer explained that he completed the annual update to the City map.  He noted that there are two copies of the map; the map for Council and staff lists the names of residents at each address and the other map lists only the addresses.  He recommended that the map listing only the addresses be posted on the City website and Council concurred.

 

2.  Building and Site review in the Month of December:  A.  No Building or Site Reviews were conducted in December.

 

3.    Public Works Activities Undertaken in the Month of December:  A.  The Fire Marker sign was replaced on Charlton Road per Council direction at their December meeting.

 

B.  Staff has been working with the snow clearing contractor to keep roads clear and safe as possible. Residents can email the contractor directly regarding unsafe conditions and should copy the City Engineer on any correspondence.

 

4.   Anticipated Engineering and Public Works Activities for January:   None.

 

Council thanked the Engineer for his report.

8.  NEW/OTHER BUSINESS:  a.  Discuss Addendums to Employment Agreements and Independent Contractor Agreements Between the City of Sunfish Lake and the City Clerk/Administrator, City Treasurer and City Forester:  Councilmember Hovey stated that he and Councilmember Bulach met to discuss the salary adjustments for the City Clerk/Administrator, City Treasurer and City Forester.  He stated that both he and Councilmember Bulach agreed that the consultants were doing a wonderful job and thanked them for their hard work. 

Councilmember Hovey stated that he and Councilmember Bulach recommend a three percent (3%) increase for the three (3) consultants.

 

Mayor O’Leary moved to ratify the recommendation for a 3% salary increase for the City Clerk/Administrator, City Treasurer and City Forester, seconded by Councilmember Hansen and carried. (4-0)

 

b.   Consider Memo and Resolution Approving Addendum No. 13 to Employment Agreement between the City and Catherine Iago for City Clerk Services; Addendum No. 11 to Independent Contractor Agreement between the City and Iago Consulting, LLC for Administrative Services; Addendum No. 7 to Employment Agreement Between the City and Ann Lanoue for City Treasurer Services, and; Addendum No. 11 to Independent Contractor Agreement between the City and Living Sculpture Tree and Shrub Care, Inc. for City Forester Services:     Mayor O’Leary asked if there were any questions or comments and there was no response.

Mayor O’Leary moved to adopt Resolution No. 20-03 titled, resolution approving Addendum No. 13 to Employment Agreement between the City and Catherine Iago for City Clerk Services and Addendum No. 7 to Employment Agreement Between the City and Ann Lanoue for City Treasurer Services and Addendum No. 11 to Independent Contractor Agreement between the City and Living Sculpture Tree and Shrub Care, Inc. for City Forester Services and Addendum No. 11 to Independent Contractor Agreement between the City and Iago Consulting, LLC for Administrative Services, seconded by Councilmember Hovey and carried. (4-0)
 

c.  Other:  Mayor O’Leary asked if there was any further business and there was no response.

9.  ADJOURN:   Mayor O’Leary moved to adjourn the meeting at 8:25 p.m.
 

____________________________                              ________________________________

Catherine Iago, City Clerk                                             Dan O’Leary, Mayor