SUNFISH LAKE CITY COUNCIL MEETING – MAY 4, 2010
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Molly Park
Councilmembers: Cathy DeCourcy, Judy MacManus and Richard Williams.
City Attorney: Tim Kuntz
City Building Official: Russ Wahl
City Forester: Jim Nayes
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 Roger Conant was absent.
1. CALL TO ORDER: Mayor Molly Park opened the meeting at 7:00 p.m.
2. APPROVE AGENDA: Mayor Park asked if there were any additions or corrections to the agenda and there was no response.
Councilmember Williams moved approval of the Agenda, seconded by Councilmember DeCourcy and carried. (4-0)
3. CONSENT AGENDA: The Mayor asked if there were any questions or comments relating to any items on the Consent Agenda and there was no response.
Councilmember DeCourcy moved approval of the Consent Agenda, seconded by Councilmember MacManus and carried. (4-0)
a. Regular Council Meeting minutes of April 6 and Special Council meeting minutes of April 21, 2010.
b. List of Bills
c. Monthly Financials
4. COMMENTS FROM THE PUBLIC: None.
5. PUBLIC HEARINGS/PRESENTATIONS:
a. Presentation of Updated Sunfish Lake Website – Andy Park: Mayor Park introduced her son Andy Park and explained that the hiring of Andy to update the City website was funded by a generous donation from a Sunfish Lake resident. The Mayor further explained that Andy is a professional website designer and that he worked closely with Mike Hovey, the City Website Manager on the project. She noted the major changes relate to the content management system and that the site should be easier to update. She asked if anyone had recently viewed the revised website.
Councilmember MacManus stated she had viewed the site and complimented Andy and Mike on the update. She questioned how to find the Council meeting minutes on the site.
Mike Hovey explained where the minutes were located on the website. Andy Park commented that if the minutes were difficult to find, he could adjust the location to access the minutes.
Andy Park explained that he was having difficulty with the power-point presentation due to accessing the wireless connection and asked to delay his presentation until later in the meeting.
Council concurred with his request.
6. PLANNING COMMISSION/PLANNER’S REPORT:
a. Consider Sign Ordinance Amendment and Scheduling a Public Hearing: Planner Smith explained that she had reviewed the discussion held at the Joint Worksession on April 21 and that is appears the two major issues related to regulating the definition and time period for removal for Real Estate Signs and the size of signs in the institutional zoning district.
The Planner advised that she researched the size of the existing signs on the churches in the institutional districts within the City; she noted that it appears as if all the signs were granted variances since they exceed 50 sq. ft. She noted that Council may reduce the 100 sq. ft. limit with 50 sq. ft. per side, after conducting a public hearing so that the affected properties may have input; she further stated that the existing signs would be grandfathered in until such time as they are replaced. She further noted that none of the churches currently have wall signs and therefore the use of wall signs could be prohibited.
Planner Smith also advised that none of the cities she contacted prohibit real estate signs and pointed out that if signs are not placed on properties for sale it could result in persons driving around other areas of the city to look for the properties.
Councilmember Williams commented that he is unsure if there are constitutional limits on cities to post real estate signs, however, in his opinion the city may regulate when the signs are removed. He indicated that the regulations could state the sign must be removed once the sale has been closed on the properties and that removal must occur within 72 hours after closing.
Councilmember DeCourcy questioned who would enforce the regulation.
Councilmember Williams suggested that notification be sent to realtors.
Attorney Kuntz indicated that enforcement would be triggered by someone moving into the home and agreed that providing the information to realtors would be important.
Councilmember MacManus pointed out that realtors normally check with cities to determine placement of the signs.
Attorney Kuntz commented that communication to residents would be helpful since they list their property with the realtor.
Planner Smith stated she has not been contacted by any realtors regarding sign placement, however; she advised she periodically checks properties for sale and she would be willing to send notices to the realtors listed within the city.
There was discussion regarding properties that are rented and also for sale. Mayor Park pointed out that there are signs placed within the city leading to properties for sale and also signs for “open houses”.
Planner Smith explained that directional signs cannot be placed in the right-of-way and that generally the “open house” signs are removed by the realtors after each event.
Councilmember Williams explained that he believes the ordinance prohibits placing directional signs on a property that lead to another property. Planner Smith stated that is correct with the exception of the institutional zoning district.
Mayor Park asked what type of action would be necessary on these items.
Planner Smith asked that Council provide direction to staff regarding a timeline for removal of real estate signs and also on the size of signs in the institutional district; she explained that she would incorporate the changes into the ordinance amendment and bring it back to Council for review in June. She stated that after Council concurs on the changes as presented in June, they would schedule a public hearing to receive input and then adopt the ordinance.
Mayor Park commented that in her opinion the existing signs at the churches are not that large. Planner Smith stated they are approximately 96 sq. ft.
Councilmember MacManus asked if any other properties could have signage this large. Planner Smith explained the size is limited to the institutional districts and therefore only applies to the churches as public buildings.
The Planner suggested amending the ordinance to allow 50 sq. ft. per side and remove the wall sign component.
Councilmember Williams pointed out that the Planning Commission did not appear interested in reviewing the matter again and he supported the Planner’s suggested changes.
Mayor Park questioned if Council or the Planning Commission would conduct the public hearing.
Planner responded that the Commission would conduct the hearing based on the Council decision this evening. She offered to draft the changes and bring them back for Council review in June.
Council concurred to direct staff to prepare the ordinance with the changes as discussed this evening for their review at the June meeting.
Council thanked the Planner for her report.
7. INSPECTOR’S REPORTS:
a. Building Inspector: Inspector Wahl stated he conducted three (3) inspections and issued one (1) permit in April.
Council thanked the Building Inspector for his report.
- City Engineer: Salem Church Road Reconstruction: Engineer Hanson explained that the street was swept and that he will complete a “walk through” of the project.
NPDES Annual Public Hearing: The Engineer stated that the permit was completed and sent to the Mayor for signature and submission to the MPCA; a copy of the annual report was attached as part of his report to Council.
Charlton Road Maintenance Items: Engineer Hanson explained he had submitted a list of maintenance needs for Charlton Road for the Joint Council/Planning Study meeting.
Musser Park: The Engineer stated he sent concept layouts for parking area an access to Musser Park to Council for the Joint Study meeting.
Public Works Activates Undertaken in the Month of April:
Spring Load Limit Postings: The Engineer explained the spring load limits were removed from City streets on April 12; he noted this is the earliest road restrictions have been removed.
Street Sweeping: Engineer Hanson explained that sweeping was completed on Salem Church Road, Windy Hill Road, and Windy Hill Lane. Due to the amount of material, the work was not completed on other City streets. Sweeping was rescheduled for April 24, but was rained out and is now scheduled to be completed April 30.
Charlton Road: The Engineer stated that Charlton Road was graded and additional gravel placed at select locations.
Anticipated Engineering and Public Works Activities for the Month of May: The Engineer stated he would tour streets and draft maintenance items for the year.
Council thanked the Engineer for his report. - CITY PLANNER: Planner Smith advised that there was no meeting in April and therefore nothing to report.
Council thanked the Planner for her attendance.
- CITY FORESTER: Mayor Park congratulated the Forester on a successful Arbor Day.
Forester Nayes reported that the Sentenced to Serve group was used for buckthorn removal and also removal of barbed wire fencing in the City parks. He explained that the iron from the fencing was recycled.
The Forester reported that Arbor Day was very successful and that the City sold $3,400 worth of bare-root trees. He recognized the members of the Environmental Committee and offered a special thanks to Richard Bancroft and Bernie Touhy for allowing Buckthorn removal tours on their property; he also thanked Planning Commissioner Tom Schlehuber for allowing a tour of his property to show the planting of under-story trees to fill the void from Buckthorn removal. He noted that signs were left out in an attempt to stir discussion of Buckthorn removal amongst residents. He also thanked the Kampmeyers for allowing access to the park from their property.
Forester Nayes stated he met with the residents on Sunfish Lane based on a request to identify Garlic Mustard and that he discussed management of the plant with residents.
Councilmember DeCourcy questioned the large stumps left in Musser Park from the buckthorn removal; she expressed concern that children could be injured on the stumps left in the ground. She asked what type of chemicals would be used to destroy the stumps in the park and if they would affect the water supply.
The Forester explained that he left the stumps higher so that they could easily be found for treatment; he described the chemical treatment and noted that it would not negatively impact the water supply. He explained that the stumps would be destroyed by the chemicals.
Councilmember DeCourcy asked if the City Clerk would reproduce an article from the Macalester College magazine regarding nonnative species; she suggested the Forester may wish to contact the author, Dr. Mark Davis, to discuss invasion biology.
The Clerk agreed to send the article to the Forester, Council and the Planning Commission.
Mayor Park explained that she had an opportunity to talk to some of her neighbors and the Environmental Commissioners regarding managing acreage properties; she suggested that the Forester conduct a seminar for residents on management of acreage properties and it could be sponsored by the Environmental Commission.
Forester Nayes stated he would be willing to conduct the seminar.
Councilmember Williams pointed out that some residents wish to leave dead trees on their property to attract wildlife and that the seminar should look at all aspects of managing acreage properties. |
The Forester also reported that he had surveyed the City to determine missing or unreadable Fire Number signs and submitted a list for Council review. He recommended that the fourteen (14) signs be replaced.
Council thanked the Forester for his report. - PUBLIC SAFETY: Chief Shaver stated that the number of false alarms rose this month; he indicated this could be due to the fact that residents are returning home from their winter vacation homes. He noted that there were several calls on suspicious persons in the City; however, the suspicious persons were gone upon police arrival in the area. He noted there was a white pick-up truck in the City that police were unable to locate.
Councilmember DeCourcy explained that her gardener drives a white pick-up truck and the Chief stated he would get information on the vehicle from her after the meeting.
The Chief explained that this is Severe Weather Awareness week and urged residents to prepare for severe weather; he noted that a few years ago the City suffered some tree damage due to straight-line winds.
Chief Shaver noted that Council had discussed several Comcast vehicles parked at the rental property on Upper 55th Street and also the number of unrelated persons living in the home and whether or not the property was in violation of the City ordinances. He explained that the police department had contacted the individuals living on the property and found that three of the persons are related and three are not related. He further found that all of the individuals are working as sub-contractors for Comcast for a period of one year and made arrangements to rent the property for that time period. He stated that the City Code regulates the number of individuals considered as family and limits the number of unrelated renters to “not more than three” in a single-family zoning district. He explained that by combining three related and three unrelated persons renting the home, the property is in violation of the ordinance.
The Chief suggested that either the Planner or the Police Department could send a letter to the property owner to advise them of the violation. He stated that he is not aware of any notification to the property owner and that the City of West St. Paul normally handles such problems with notification to the property to bring the property into compliance before taking any legal action.
Councilmember MacManus commented that the parking issue may also be a violation. Planner Smith explained if the vehicles are parked on a hard surface/driveway then it is not a violation as the City does not have an ordinance against parking commercial vehicles on residential property.
Mayor Park explained she had talked to the property owners and they wished to have an opportunity to discuss this matter with Council; she commented that she would prefer to give the property owners a chance to hear Council discussion of the matter prior to taking any formal action.
Councilmember DeCourcy agreed.
Councilmember Williams questioned if anyone recalled if this ordinance was drafted based on some type of compromise situation in the past.
Attorney Kuntz stated he did not recall any such situation in the past; however, he noted that the language of the ordinance is verbatim in a multitude of cities and that the number three is a common definition of family for the number of persons renting a single-family home. He noted that cities cannot regulate rental of property, but they may place a limit on the number of unrelated persons renting a single-family home. He advised that the City of Inver Grove Heights has the same language, although they place the number at four unrelated persons.
Chief Shaver advised that the City of West St. Paul has issues with numerous persons living in the same home and pointed out that there are safety issues to consider with multiple people if an emergency arises.
Mayor Park thanked everyone for their comments and reiterated that she would prefer to discuss the matter at the next meeting so that the property owners could be present to hear the discussion. She asked if Council should provide any direction to staff to prepare for the meeting.
Councilmember Williams suggested that staff be directed to prepare a letter of notification to the property owner which outlines the City Code regulations and violation and advises that Council will discuss the matter at the June meeting. He commented that the policy decision would be made by Council regarding how to handle the matter and to determine the rationale for their decision.
Attorney Kuntz explained that the discussion will most likely relate to what is a reasonable number of unrelated people renting the single-family home.
Councilmember MacManus pointed out that the number of vehicles parked on the property would also be an issue; she commented that it concerns her that most properties would not have six trucks parked in their driveways.
Councilmember DeCourcy asked if there had been any complaints regarding the trucks and Chief Shaver responded no.
Engineer Hanson advised that there could also be a potential environmental issue with the septic system; he noted that the septic system design may not be adequate to support six persons living at the residence.
Planner Smith offered to research the matter with other cities and prepare a report for the June Council meeting; she asked if the property owner should also receive a copy of the report and Council responded yes.
Chief Shaver suggested that a letter be sent to the property owner outlining the issues and asked who would be responsible for drafting the letter.
Mayor Park suggested that the Planner draft the letter.
Attorney Kuntz questioned if the letter would be just an invitation or also include information on the violation.
Councilmember Williams suggested the letter state that Council is accommodating their request to be present to hear discussion of this matter and outline the policy issues involved.
Attorney Kuntz questioned if the letter should contain any information on corrective action.
Council concurred that the Planner should send a letter inviting the property owner to be present for discussion of this issue at the June meeting and that a copy of the Planner’s report should be included with the letter.
Chief Shaver explained that several solicitors had been contacted because they did not register with the police department prior to soliciting within the City; he reminded residents to call if the solicitors do not show a permit.
Council thanked Chief Shaver for his report.
7. NEW/OTHER BUSINESS:
a. Discuss Obtaining Public Access to Musser Park from Salem Church Road: Mayor Park explained that the matter of obtaining an access to Musser Park from Salem Church Road was discussed at the Joint Study meeting with the Planning Commission. She advised that Attorney Kuntz had compiled a booklet of information relating to the conveyance of Musser Park property to the City. She also noted that Engineer Hanson had submitted some drawings of possible access points and configured parking areas adjacent to Salem Church Road.
Councilmember Williams expressed concern that if the parking is visible from the street, it would invite stopping and parking by non-residents; he stated that a “drive-out” or “apron” for pulling off the road, rather than a parking lot, was also discussed. He commented he has mixed feelings on the matter and pointed out that the drive-out or apron does not solve the issue of access for City equipment to maintain the park property or for event parking. He commented that he was unsure if he would support a small parking area since it may be used more often by non-residents.
Councilmember MacManus asked if it would be possible to attempt to gain access from the Kampmeyer property.
Councilmember DeCourcy stated her concern relates to living next to Harmon Park and the fact that there had been a lot of partying in the park; she indicated she would support an apron or drive-out.
Engineer Hanson explained that there are materials that could be placed adjacent to the road that would support parking but also allow grass to grow through so the area would not look like a parking lot.
Mayor Park explained that the Land Trust for the property has requested the City show a plan for the parking area.
Engineer Hanson suggested that a concept sketch could be sent to the Land Trust with a brief explanation for the request.
Attorney Kuntz explained that the attorney for the Land Trust had asked for three items: 1) a rationale for requesting the parking area; 2) if the City had made other attempts to obtain access from private property, and, 3) a sketch or site plan for the parking area that includes any signage or amenities.
Forester Nayes pointed out that all of the areas he reviewed with the City Engineer for placement of the parking are highly visible from the streets; he also noted that Salem Church Road is a much busier street than the road leading to Harmon Park.
Mayor Park suggested that staff draft a minimal design for the parking area with the materials that allow grass to grow.
Engineer Hanson advised that road damage will occur if the approach area is not stabilized and asked Council to provide a number for how many vehicles the area should accommodate.
There was discussion relating to use of the park and safety issues with the busy road. Councilmember Williams explained that he can access the park from Acorn Drive; however, he cannot bring his grandchildren through that area.
Mike Hovey asked if the parking area would be plowed during the winter months and noted that people may wish to use the park for snow-shoeing or cross-country skiing. Mayor Park responded that is not proposed at this time.
Planner Smith stated that most cities do not plow parking areas in parks during the winter months and residents still use the parks.
Mayor Park suggested that the Engineer prepare drawings for the parking area and that the Attorney and Planner work together to prepare the rationale for requesting the parking area for consideration at the June meeting.
Attorney Kuntz questioned the number of vehicles that the lot would accommodate.
After discussion, Council concurred that the engineer should draft a concept plan showing parking for four to eight vehicles, but not to exceed eight vehicles, and utilize the mat/grass materials.
Mayor Park asked if there was any further discussion and there was no response.
b. Other: Andy Park explained that he was unable to gain the internet connection to display the upgraded website. He suggested that Council go to www.sunfishlake.org to view the site.
Council thanked Andy Park and Mike Hovey for their work on the website.
Councilmember Williams reminded Council and residents that the Watershed Management Organization Open House will be held at the Thompson Park facility in West St. Paul on May 26 and that information should be placed on the City website; he noted that the organization will be forming citizen and technical advisory committees and interested residents should attend the meeting.
Mayor Park asked if there was any further business and there was no response.
9. ADJOURN: Councilmember Williams moved for adjournment at 8:15 p.m., seconded by Councilmember MacManus and carried. (4-0)
______________________ ___________________________
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.