SUNFISH LAKE CITY COUNCIL MEETING – MARCH 6, 2012

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

Attendants:

Mayor:  Richard Williams

Councilmembers: Roger Conant and Mike Hovey.

City Attorney:  Tim Kuntz

City Building Official: David Neameyer

City Planner: Steve Grittman
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.

Councilmembers Judy MacManus and Paul Burke were absent.

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

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

Councilmember Conant moved approval of the Agenda, seconded by Councilmember Hovey and carried.
(3-0)

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

Clerk Iago noted a correction to the minutes; she explained that Chief Shaver was shown as being in attendance at the meeting and should have been shown as absent.

Mayor Williams asked if the Xcel energy bill was for half the regular amount.

Treasurer Blair explained that there is some lag time between the billing cycle and payment of the bill; however, the normal monthly amount is approximately $50.     

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

Councilmember Hovey moved approval of the Consent Calendar with the change to the minutes as recommended by the Clerk, seconded by Councilmember Conant and carried (3-0)

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

5.   PUBLIC HEARING: None.

6.   PLANNING COMMISSION/PLANNER’S REPORT:

a.   Planning Report:  Planner Grittman explained that at their February meeting the Planning Commission reviewed and discussed the proposed Park Use Regulations ordinance and most frequently asked questions by residents. The Commission agreed with the recommendations from Council and incorporated the changes into the final draft. He advised that the public hearing for the ordinance would be held at the March 21 Commission meeting and notice of the meeting would be published as required by law.


The Planner also explained that the Commission reviewed the list of “Most Frequently Asked Questions” and the responses as prepared by the Planner; the Commission agreed with the responses as presented. He advised that the questions are ready to post on the City website.

Planner Grittman advised that the Commission will meet in March to conduct a public hearing on the proposed park and open space ordinance. He stated that no planning applications were submitted for review at the March meeting.

Mayor Williams asked if formal action was necessary to post the frequently asked question on the website.

Attorney Kuntz indicated that the minutes should reflect Council direction to the Planner to post the questions.

Council concurred and directed the Planner to submit the information as presented for posting on the website.

Council thanked the Planner for his report.

7.   INSPECTOR’S REPORTS:

a.   Building Inspector: Inspector Neameyer stated this was a light month for permit activity and that he had finalized several outstanding permits.  He explained that his report would show permits as “Passed”, “Failed” or “Completed”, to clarify the status of each permit.

Council thanked the Building Inspector for his report.

1. City Engineer: Sunfish Lake Water Quality Investigation: Engineer Sterna deferred discussion of this item to later.
   
   Public Works Activities Undertaken in the Month of February: Snow Plowing: The Engineer explained that February was a light month for plowing. He advised that although the weather is warming, March can be a snowy month. He commented that it appears the City will be significantly below the budgeted amount for snow plowing costs for the year.
   
   Spring Load Restrictions: The Engineer explained that he will be posting the annual spring weight load restrictions on the City streets beginning March 5, 2012.  He referred Council to the City map that was attached to his report which shows the posted load limits and streets. He indicated that if a septic system needs pumping, a permit could be issued for an emergency situation.
   
   The Engineer introduced Tom Vole, one of his associates, and explained that Engineer Vole would be assisting him with projects so that the City would be billed at a lower rate. He stated he would forward Mr. Vole’s contact information to Council and staff.
   
   Anticipated Engineer/Public Works Activities’ for the Month of March: CIP Update:  Engineer Sterna stated he is currently updating the Capital Improvement Plan (CIP) for distribution in mid-March and Council review prior to the April Work Session.
   
   Councilmember Conant asked for an explanation of the CIP.
   
   Engineer Sterna explained that the document is basically a 5-year plan for projected improvements and their estimated costs; he noted that the CIP assists Council with identifying and prioritizing infra-structure improvements and also with budgeting for the improvements. He explained that the projects identified this year would be placed in the budget for the up-coming year. He further commented the plan may be modified and if the City has surplus funds in the budget, it may be possible to move a project ahead in the 5-year plan.
   
   
   
   Mayor Williams explained that he and Councilmember Burke had mentioned to the City Engineer that if a City bond issue were paid off in advance any available funds or additional cash flow could be used to move projects ahead in the CIP.
   
   Engineer Sterna commented that projects such as Windy Hill Road, which has severe deterioration, could be placed in the CIP and the cost estimates for repairs would assist Council when developing the 2013 budget. He noted that cost estimates in the CIP tend to be higher so that improvements remain within budget.
   
   Councilmember Hovey asked when the CIP would be available for Council review. The Engineer stated that the document would be sent to Council no later than March 20.  He commented that Council could call or email him with questions prior to the study meeting.
   
   The Engineer stated that Jesse Carlson from his office would be present to answer questions         
   
   SWPPP Public Hearing: The Engineer stated that Jesse Carlson of his staff would be attending the April Council meeting to conduct the public hearing for the Storm Water Pollution Prevention Program (SWPPP). He advised that there are some updates to the program plan and new rules that would be reviewed. He noted that the City may have to amend the MS4 permit to be in compliance with the new rules.
   
   The Engineer asked if the Clerk would submit the public hearing notice to the official newspaper for publication and the Clerk responded yes.
   
   Street Sweeping Quotes:  The Engineer presented his report on the five (5) street sweeping quotes received from contractors.  He indicated that the street sweeping could begin in April or earlier if the weather permits. He commented that this should be a budgeted item and recommended Council approve a contract with Mike McPhillips, Inc. to conduct the annual spring street sweeping program at a cost of $1,050.00. He stated that McPhillips has done sweeping in the past for the City and their work was acceptable.
   
   Mayor Williams agreed that McPhillips has done a good job in the past and asked if they would remove the sweeping materials for disposal.
   
   Engineer Sterna responded yes and advised that removal of the sweepings was included in the bid quote.
   
   Councilmember Hovey asked if the materials are considered to be hazardous waste. The Engineer responded that the materials are considered as low grade hazardous waste and must be disposed of in a certain way.
   
   Sunfish Lake Water Quality Investigation: Engineer Sterna explained that Councilmember Conant had raised concerns regarding the water quality in Sunfish Lake. He stated he reviewed the information in the Water Quality Report with the manager of his water resources department. He pointed out that Sunfish Lake is a shallow lake and shallow lakes tend to contain a lot of phosphorous. He noted that the lake is land-locked and therefore the water is not changing in the lake. Additionally, he explained that weather conditions may also contribute to higher phosphorous levels. He indicated that he is unsure of the exact cause. 
   
   Councilmember Conant advised that he and Councilmember Burke attended a seminar sponsored by the Lower Mississippi Watershed Management Organization (LMWMO) and they indicated there are steps that lakeshore residents could take to control the phosphorous levels. He further stated that they offered to meet with the lake property owners to discuss the matter.
   
   Engineer Sterna sated that an Alum treatment could be used in the lake.
   
   Councilmember Conant asked if that would be a one-time treatment and how much it would cost. He commented that it would be helpful to the Lakeshore Association on Sunfish Lake to see a cost estimate.
   
   
   Engineer Sterna indicated that the treatment would last approximately 5-years, depending on the amount of activity stirring the bottom of the lake. He offered to provide a cost estimate for the treatment.
   
   Mayor Williams pointed out that the City will have to address water quality on all the lakes within the city in the near future. He asked if plantings along the lakeshore would have any impact on water quality.
   The Engineer responded that plants do assist with burning up some of the phosphorous.
   
   Engineer Sterna explained that his firm has used a method of treatment that pumps the water and discharges it into a sewer system; however, he advised that this method is extremely expensive and that Sunfish Lake does not have a sewer system that would accommodate the discharge.
   
   Councilmember Conant stated his instinct would be to agree that the method described by the engineer would be too costly. He asked that the engineer provide a basic cost estimate for the Alum treatment that he could present to the Lakeshore Association.     
   
   Engineer Sterna pointed out that whenever lake water quality improves, vegetation and weeds increase in the lake. He stated he would send the information and cost estimate for the Alum treatment to Council.
   
   Mayor Williams explained to the Engineer that Councilmember Hovey had offered to check with a science teacher at Sibley High School to determine if one of the students would be interested in taking water samples on Sunfish Lake as a school project.
   
   Councilmember Hovey advised that he has not heard back from the teacher, but would contact the engineer with the information when a response is received.
   
   The Mayor asked if the City would have any liability with a student taking the samples and suggested establishing protocol to minimize risks.
   
   Attorney Kuntz explained that the City’s insurance policy covers volunteers acting on behalf of the City.
   
   Engineer Sterna recalled that the City Forester was requesting volunteers for tree planting; he stated he would pass this information to a Boy Scout troop in Lakeville to see if they are interested in participating.
   
   Councilmember Conant asked who knows and who would determine if a truck enters the City that exceeds the posted load limits.
   
   The Engineer explained that usually the trucks are seen by the Police Department or a resident complains; he indicated that the trucks can be weighed with portable scales when a call is received. He further advised that most companies are aware of the postings and will call if an emergency situation arises, such as for pumping a septic system.
   
   Councilmember Conant asked if residents should call 911 to report the trucks. Chief Shaver responded yes.
   
   Mayor Williams pointed out that the regulations only apply to public roads. Attorney Kuntz agreed and stated the regulations are unenforceable on private roads.
   
   Councilmember Hovey commented that the neighborhood association could sue the offenders.
   
   Mayor Williams suggested that the neighborhood associations on private roads could provide notice to their rubbish haulers and ask that they use smaller vehicles during the posting period.
   
   Attorney Kuntz commented that he believes the statutes may have an exception for trash haulers during the posting period.
   
   Engineer Sterna explained that the City Forester had requested a couple of additional load limits signs and he offered to send a quote to Council for the cost of the signs. He indicated they should not be more than $100.
   
   Councilmember Conant authorized the expenditure of up to $100 for additional load limits signs, seconded by Councilmember Hovey and carried. (3-0)  
   
   Engineer Sterna requested a motion from Council to approve the street sweeping contract.
   
   Councilmember Hovey moved to approve the contract with Mike McPhillips, Inc. to conduct the annual spring street sweeping program at a cost of $1,050.00, seconded by Mayor Williams and carried. (3-0)
   
   Council thanked the Engineer for his report.
   
   
2. CITY FORESTER: The Forester advised that the aerial deer count was conducted by Three Rivers Park District and 60 deer were identified. He explained that the cost for the helicopter exceeded the $400 authorized by Council; however, he stated the rate per hour was lower than he originally reported, but the actual count took more time than anticipated. He asked that Council formally authorize the additional funds for the helicopter.
   
   Forester Nayes stated he issued two (2) burning permits in February, 2012 and warned the residents not to use the permits if the weather remained dry.    
   
   The Forester explained that he took down high-risk trees, cleared low branches and downed trees along the walking trail in Musser Park. He also took down numerous green ash trees in Musser Park and in the Russ Wahl Wetland. 
   
   Forester Nayes stated that rather than prepare an annual report, he wrote a series of monthly articles that would provide more timely information for residents. He requested that Council authorize placing these articles on the City website.
   
   The Forester explained that he marked ash trees with orange dots for eventual removal along Salem Church Road and consulted with property owners regarding removal of the trees on private property. He stated that he coordinated with Xcel Energy regarding removal of a large, high-risk branch from a silver maple tree along Charlton Road near the power line. He also advised that he cleared low branches blocking streets along Acorn Drive, Salem Church Road, Charlton Road and Angell Road, after the wet snow and ice storm that occurred on February 28, 2012.
   
   Councilmember Conant moved to authorize the Forester to place the monthly Treeways reports on the City website, seconded by Councilmember Hovey and carried. (3-0)
   
   Councilmember Conant moved to authorize the expenditure of $560.50 for the aerial deer count, seconded by Councilmember Hovey and carried. (3-0)
   
   Council thanked the Forester for his report.
   
   
3. PUBLIC SAFETY: Chief Shaver reviewed the public safety report dated February 29, 2012. He advised that the department had responded to a call regarding a sick raccoon and the animal had to be dispatched.
   
   The Chief stated that West St. Paul residents had been successful in requesting their rubbish haulers use smaller vehicles when the spring load limits are posted.
   
   Chief Shaver advised that with spring coming he would send information to the City webmaster regarding Peddlers and Solicitors for posting on the website. 
   
   Council thanked the Chief for his report.   
   
   

8.   NEW/OTHER BUSINESS: a.  Consider Ordinance Amendment Relating to Septic System Pumping Requirements: Mayor Williams noted that the Septic Inspector had sent his comments via email regarding the proposed ordinance amendment.

In response to the Septic Inspector’s comments regarding the definition of “Department”, Attorney Kuntz explained that he had contacted the Inspector to advise him that the ordinance still imposes enforcement on the City, not the County, and the only tasks undertaken by the County would be administrative and not related to enforcement.

Mayor Williams pointed out that the County had previously sent information to the City when a residence was not in compliance and now that information is not available unless the City participates in this program.

Clerk Iago explained that the County will generate reports to the City at the end of the year and the reports will show any residences that are not in compliance.

The Attorney explained that the ordinance amendment extends the cycle for pumping to 3-years to be in sync with the County administrative program.

Mayor Williams commented that the ordinance was originally amended to 2-years due to a requirement imposed by the Met Council; he noted that the Met Council has since determined that pumping every 3-years would be sufficient.

Councilmember Conant asked if the 3-year schedule is adequate. The City Attorney responded yes and advised that the Septic Inspector also agreed the 3-year schedule would be adequate.

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

Councilmember Conant moved to adopt Ordinance No. 2012-01 titled, AN ORDINANCE AMENDING  SECTIONS 402.206, 402.7.06 AND 402.7.07(B) OF CHAPTER 402 OF THE SUNFISH LAKE CITY CODE RELATING TO SUBSURFACE SEWAGE TREATMENT SYSTEMS, seconded by Councilmember Hovey and carried. (5-0)

b.   Consider Resolution Reestablishing precincts and Polling Places: The Mayor referred to the report from Clerk Iago regarding the State Statues requiring the City to adopt a resolution to reestablish the precinct boundaries and polling places within 60-days or at least 19 weeks before the state primary election. He noted that there is only one precinct and polling location within the City.

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

Councilmember Hovey moved to adopt Resolution No. 12-05 titled, RESOLUTION REESTABLISHING PRECINCTS AND POLLING LOCATIONS, seconded by Councilmember Conant and carried. (3-0)

c.  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): Mayor advised that Council should  schedule a public hearing to review the City’s SWPPP and NPDES as required by the law.

Councilmember Conant moved to schedule a 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), seconded by Councilmember Hovey and carried. (3-0) 

d.   Discussion of Deer Management Program for 2012: Mayor Williams introduced the discussion of the Deer Management Program for 2012. He commented that past hunts have not significantly reduced the deer population.

The Mayor indicated that the issue appears to be whether or not the City should continue to have a hunt every year; he noted there is a divided view amongst the residents. He explained there is a higher density of deer in some areas of the City than others and some residents have expressed concern that there is a desire to take antlered deer for trophies. He commented that there are residents in the City that wish to hunt and it was his opinion that there should be additional limited hunts for residents and there clearly is a stressed deer herd. He pointed out that if the deer are stressed they are more susceptible to Lyme disease, which is a good reason to cull the herd.

Councilmember Hovey stated that he wished to see the hunt opened up to private land as well.

Mayor Williams advised that in previous years it was opened to private land.  He indicated that the issue with opening it to private land is that there are various approvals that must be given by the City to insure that the area meets the ordinance requirements. He advised that approval must be given by the contiguous landowners and also from the landowners adjacent to the contiguous area where there is no hunting.

Councilmember Hovey disagreed and stated that it was his opinion the ordinance was changed with the second Metro Bow Hunters agreement.

Mayor Williams stated that he was unsure if it was changed, and in his opinion the City should require that the adjacent landowners, where hunting does not occur, should also have to approve the hunt.

Councilmember Conant explained there are two large lots next to him that could be assembled for hunting. He commented that in his view, the City should continue the hunt, but only if it is more productive.

The Mayor suggested that the only way to make the hunt more productive would be to extend the time period for hunting; he noted there are several factors that influence the hunt, such as weather. He indicated that some residents want to use the parks for walking and may be opposed to a longer time period.

Councilmember Conant commented that last year he received more calls from residents who were upset about the hunt than he had regarding other issues.

Mayor Williams agreed and noted that the calls he received objected to trophy hunting. He suggested limiting the hunt to antlerless deer to defer complaints about trophy hunting.

Councilmember Hovey pointed out that male deer do more damage to trees.

The Mayor suggested utilizing the same practice as last year and also allowing hunting on private land if it meets the ordinance regulations. He also suggested utilizing six weekends for hunting, three weekends for the Metro Hunters Association and three for residents.

Councilmember Hovey commented that with 60 deer in the City that should only support 15 deer, the City is not doing the deer any favors by not culling the herd.

Mayor Williams moved to authorize a deer hunting season this fall consisting of six (6) weekends, three weekends reserved for the citizens and three for the Metro Bow Hunters Association, during each of the three weekend segments, two will be for hunting antlerless deer and one weekend for hunting either antlered or antlerless deer, and in addition to hunting on public property, Council would permit citizens to hunt on private property with permission of the property owners and if the private land is in compliance with the conditions listed in the City Code, the six weekend hunting period to begin on the date of the deer hunting season opening weekend as identified by the State of Minnesota and conclude on December 31, 2012 seconded by Councilmember Conant.

In discussion, Attorney Kuntz asked if both the Metro Bowhunters Association and citizens would be allowed to hunt in Musser Park and also other locations. He asked for clarification of the public property.

Mayor Williams indicated that both would be allowed to hunt on public property; Musser Park, Harmon Park and the Russ Wahl Wetland owned by the City. He stated that if they wished to hunt on private property, subject to approval of the property owners and if they meet the conditions outlined in the ordinance, which would require them to have 10-acres and the permission of the adjoining property owners. 

The Attorney explained that the original ordinance allowed hunting on private property; the parcel must be 10-acres or more under a single ownership or individual parcels less than 10-acres if adjoining owners consented to hunting on the contiguous 10-acres of land. He advised that those requirements for eligible parcels were in the old ordinance when residents had to register with the Clerk and Council. He indicated that those acreage regulations would not necessarily apply to the City sponsored program. He explained that under the amended conditions, the City Liaison must approve the private land parcels to determine if hunting should occur.

Mayor Williams indicated it was his opinion Council required that any private citizen wishing to hunt must have the liaison, Officer Muellner, examine the land to see if it was suitable for hunting by private citizens but may not be suitable for the Bow Hunters Association. 

Mayor Williams suggested that a second motion could be made with respect to a private parcel with a City sponsored hunt; the parcel could be less than 10-acres and does not have to be under single-ownership.

Councilmember Hovey stated that was what he was alluding to, that the City could amend the regulations as long as the City was sponsoring the hunt.

The Mayor pointed out that the 10-acre single ownership parcel does not require any approval from adjoining property owners. He stated it was his opinion that Council should require a provision that does not permit hunting on any private land unless all adjoining property owners approve.

Councilmember Hovey agreed and commented that residents should be informed when any hunting occurs.

The Mayor noted that the number of hunters on any parcel should be limited to the number the property would support.

Councilmember Conant stated his opinion would be to proceed with what was proposed and not overload the matter with additional regulations.

Mayor Williams commented that Council should consider the fact that some residents do not want hunting near their property, if there are residents that do not want hunting near their property it may be wise to include a parcel as a buffer. He advised that the point made by the City Attorney was that this is a City sponsored hunt and therefore the City is not bound by the ordinance. He indicated that a 5-acre standard could be used with regulations that protect property owners who do not want hunting adjacent to their property.

Councilmember Conant pointed out that he is on six acres, but his neighbor could prohibit hunting on his property. He suggested that a regulation could be included to state that no hunting may occur within 100 ft. of an adjacent property.  

The Mayor commented that 100 ft. may not be sufficient; he noted that Councilmember Conant had offered good points, and indicated that all points of view should be considered when Council determines regulations. He suggested that no decision has to made at this time and that he is uncomfortable finalizing further regulations without the full Council present.

Mayor Williams stated the question was raised by the City Attorney exactly what areas could be hunted; he suggested the issues relating to hunting on private property should be deferred to the next meeting when the full Council is present. 


Councilmember Hovey stated he wished to direct the finer points discussed be sent to the liaison so that his opinion could be included for future discussion.

Chief Shaver stated he would have Officer Muellner provide an educational program and provide a list of property owners that may be willing to allow hunting.

Councilmember Conant stated Officer Muellner should talk to residents Garrs and Parks.  

The Mayor suggested that Officer Muellner provide information regarding the minimum distance for placement of a deer stand from any area where people may be present; he stated that he may also be able to provide alternative criteria.

Forester Nayes stated that he has talked to a number of residents that have expressed an interest in hunting; he asked that Council refer any inquiries from residents to him so that they can get together to discuss the matter.

Mayor Williams stated that it would be extremely useful if residents are informed of the requirements. He noted that residents must meet the requirements of the Metro Bowhunters Association; he asked if this is necessary, since he heard it is difficult to meet.

Forester Nayes explained the requirements are difficult to meet; however, he pointed out that he had to purchase new equipment that meet current safety standards. He stated that in his opinion this requirement should remain.

Mayor Williams agreed.

The Mayor asked if there was any further discussion and there was no response.  He called for a vote on the motion.

Motion carried. (3-0)

e.   Other: The Mayor asked if there was any further business.

Attorney Kuntz raised the issues relating to tree trimming and brush removed, as outlined in the email sent by Councilmember Burke relating to Xcel Energy’s tree trimming contractor. 

Mayor Williams advised that Forester Nayes had discussion with residents regarding this issue and asked the forester to comment.

The Forester explained that Wright Tree Service has been contracted by Xcel to do brush removal and tree removal/trimming along the utility easements adjacent to City streets. He explained that a resident was told by the contractor that next time they were in the area, that they need to remove everything in the area, including an amber maple tree and spruce tree. He stated the resident asked if this was a reasonable request and he told the resident that the trees are still 25 ft. from the property line. He suggested the resident contact Xcel to inform them of this.

Councilmember Conant stated he had met with the tree trimmer to discuss removal on his property and found them to be accommodating.

The Forester agreed that residents should discuss these matters with the tree contractor. He stated that he would be willing to visit the property when this issue arises to discuss if the removal of a tree is reasonable and to provide information for them to forward to Xcel or the contractor.

Attorney Kuntz distributed a copy of the Conditional Use Permit granted to Xcel Energy approximately 10 years ago, and referred Council to condition #12 which states; “Consistent with easement rights, existing vegetation may only be removed if reasonably necessary or advisable for the construction option, or maintenance of the line.”  He noted that they are at the maintenance stage at this time and that the forester’s participation would be helpful to residents since he is a professional and could provide information relating to if the request is reasonable. 
Mayor Williams asked how often the maintenance is performed. The Attorney responded every 5 years.

The Forester explained that the spruce tree was not near the line and he was told 5 years ago that the tree may have to be removed.

Mayor Williams suggested that some protocol between Xcel and residents should be established as to when or at what point the vegetation or trees should be removed.

Mayor Williams suggested that it may be wise for the City to contact Xcel to discuss the matter; he offered to contact Xcel to discuss this matter and remind them of the condition in the CUP and that they should abide by the condition.

Councilmember Conant stated he was contacted by the tree service prior to removal and he was able to negotiate with the contractor.  

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

9.   ADJOURN: Councilmember Hovey moved for adjournment at 8:30 p.m., seconded by Councilmember Conant and carried.  (3-0)

___________________________                                                ___________________________

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