SUNFISH LAKE CITY COUNCIL MEETING – MAY 7, 2019

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

Attendants:

Mayor: Dan O’Leary

Councilmembers: Mike Hovey, JoAnne Wahlstrom, Steven Bulach and Shari Hansen

City Attorney: Tim Kuntz

City Planner: Ryan Grittman

City Engineer: Jeff Sandberg

City Treasurer: Ann Lanoue

Building Inspector: Mike Andrejka
City Forester: Jim Nayes
Police Chief: Manila Shaver

City Clerk: Cathy Iago

and Members of the General Public.

1. CALL TO ORDER: Mayor O’Leary opened the meeting at 7:00 p.m.

2. APPROVE AGENDA: Mayor O’Leary asked if there were any additions or corrections to the agenda.

Mayor O’Leary asked to add Item 8.g. Authorize Hiring of Robyn Lingen to Update City Website.

Police Chief Shaver asked to add Item 8.h. Announcement.

City Treasurer Lanoue asked to add Item 8.i. Consider Approval and Authorize Submission of Pay Equity Report to the State of Minnesota.

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

Councilmember Wahlstrom moved to adopt the agenda as amended, seconded by Councilmember Bulach and carried. (5-0)

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

Councilmember Hovey questioned the large sum of approximately $952,000 listed under Revenues as Bond Proceeds.

Treasurer Lanoue explained that those funds would be placed in the Ehlers account to be used for the Charlton Road and Sunfish Lake Outlet improvement projects.

Mayor O’Leary recommended that he and the Treasurer work to determine the reason for the unreconciled balance.

Treasurer Lanoue explained that the issue predates her being hired as City Treasurer and offered to review the accounts to determine how to reconcile the journal entry.

Mayor O’Leary offered his assistance if needed, and stated he would prefer to “zero out” the account prior to the end of summer.

Mayor O’ Leary asked Chief Shaver if the four (4) alarms listed were all false alarms and the Chief responded yes.

The Mayor asked if the “dumping and littering” item listed in his report was found on Upper 55^th Street and the Chief responded that it was near 2162 Charlton Road.

Mayor O’Leary asked the Chief to explain the Suspicious Person item listed in his report. The Chief responded that there was a report of a suspicious vehicle near 2035 Charlton, however, when they arrived there was no one present in the vehicle.

Chief Shaver stated he would ask staff to place a bit more narrative in the report in the future.

The Mayor asked the Chief to explain the “Ordinance Violation” item listed in his report. The Chief stated that a call was received regarding a large lawn maintenance vehicle parked on Salem Church Road, but no ordinance violation was found.
The Mayor explained that Council could approve the Consent Agenda, but he asked that the Building Inspector remain for the discussion of Item 8.a. Property at 2230 Delaware Avenue and that the City Forester remain for discussion of Item 8.c. Approval of City Forester to do Landscape Work for the Mayor.

Forester Nayes stated he had photos of Arbor Day events available for Council to view.

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

Councilmember Hovey moved approval of the Consent Agenda as presented, seconded by Councilmember Hansen and carried. (5-0)

a. Regular Council Meeting Minutes of April 2, 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. PUBLIC HEARING/PRESENTATIONS: a. Presentations: Lower Mississippi River Watershed Management Organization (LMRWMO), Joe Barten, Dakota County SWCD Resource Conservationist & LMRWMO Administrator.

Joe Barten, Dakota County Soil & Water Conservation District and Lower Mississippi River Watershed Management Organization Administrator was present to explain the LMRWMO and distributed handouts relating to the organization and its work.

Mayor O’Leary asked if Mr. Barten would discuss the Curly Leaf Pond weed infestation in Sunfish Lake and if the City would be eligible for funding for the purpose of removing the weed from the lake since it is a private lake.

Mr. Barten explained that the City may be able to apply for grant funds for a private lake or the Lake Association may be able to contract with a specialist such as Steve McComus to assist with the weed removal.

Mr. Barten advised that the under the 1982 Surface Water Management Act, the City is required by State Statutes to participate in the LMRWMO and that Sunfish Lake is part of the seven (7) metro cities which include, Inver Grove Heights, St. Paul, West St. Paul, South St. Paul, Mendota Heights and Lilydale, who oversee the Watershed Management Plan. He stated that the Plan is reviewed every 10 years and provides framework for cities to coordinate and identify solutions for common problems within the watershed district.

Mr. Barten explained that the Watershed Protection Study in 2012 identified problems with Sunfish Lake and the City received funding for the Aluminum Sulfate treatment to clean up the problem.

Mayor O’Leary asked if the Alum remains in the lake or is removed once the treatment is done.

Mr. Barten advised that the Alum remains in the lake and is a permanent chemical bond that remains at the bottom of the lake. He explained it is the consistency of “cotton” and binds itself to the bottom on the lake.

Mayor O’Leary noted the City has two (2) private lakes and asked if that impacts the ability to receive grant funds.

Mr. Barten stated that it may have impact on some grant funds, but there are funds available for private lakes. He referred to the photos of the Alum treatment in Sunfish Lake and also Lake Augusta in another city. He explained that the treatment was successful in clearing the water, however, because the plant life in the lake receives more light, it promotes the growth of aquatic plants such as the Curly Leaf pondweed. He noted that there are aquatic specialists to assist with removal of this type of weed and commented that WSB Engineering may have staff who are knowledgeable in this area. He pointed out that the City could conduct a survey of the lake to identify problems and determine solutions and costs associated with resolving the issues. He noted that there are grants that Dakota County receives from the DNR, and explained there are options for applying; i.e.; the Sunfish Lake Association could apply or the City or the LMRWMO could apply on behalf of the Lake Association. He commented that the City could request the LMRWMO to apply on behalf of the Lake Association. He further commented that he was unsure if there were any State Grant Funds available. He noted that the City of Mendota Heights has been managing curly leaf pondweed on Rodgers Lake in their community and could be a resource for information.

Mr. Barten referred to the 2011-2012 Study of Thompson Lake in West St. Paula and explained that was a much larger project since the lake contained stormwater runoff and contamination from the Signal Hills Shopping Center. He displayed photos of the operation to remove contaminated sediment from the lake and advised that the costs were shared with a $576,000.00 grant from the State, $1.3 million dollars in funds from Dakota County and the remainder of funds from the City of West St. Paul. He also reviewed other projects such as the Cherokee Heights Ravine stabilization project in Lilydale Park, which is near the location where some children died due to unstable slopes in that area.

Mr. Barten explained that the LMRWMO not only assists with obtaining grants, but also determines how the funds are allocated to projects. He noted that Sunfish Lake has volunteers to monitor the lake water and that the LMRWMO had also assisted with the monitoring if no volunteers are available.

Mr. Barten stated that there are educational programs offered by Dakota County and that the member cities also contribute to those programs. He stated that Forester Nayes assists with the Landscaping for Clean Water class and had done so for the past nine years. He reviewed other programs; Master Water Stewards and the Storm Drain Stenciling Program, which would not apply in Sunfish Lake, as there are no curbs.

Mayor O’Leary asked where the classes are held and Mr. Barten stated they are usually in Inver Grove Heights. He commented that the class could be rotated to other cities.

Mr. Barten advised that he had reviewed the Sunfish Lake Outlet project and it does not qualify for grant funds.

Mr. Barten advised that in the future, the State is working towards a One-Watershed One-Plan program. He noted that new planning boundaries for the watersheds statewide have been developed and that all of these planning boundaries will have a new plan for implementing projects by 2025. He stated that all entities with interest in the plan would be asked to provide information and comments for its development. He pointed out that each watershed is different and that there may be more changes in the metro area. He commented that there appears to be a shift so that it is less competitive to secure grant funds.

Mr. Barten explained that $100,000 in grant funds would be available for 2019-2020 and that a project plan, which affects multiple cities, is usually considered first for the funds. He noted that urban stormwater runoff was the biggest concern.

Mr. Barten offered to respond to questions.

Council thanked Mr. Barten for his time and the presentation.

6. PLANNING COMMISSION/PLANNER’S REPORT: Mayor O’Leary asked if the Planner had completed the revisions to the Table of Contents in the Zoning Code.

Planner Grittman responded that the administrative staff in his office was working on the update.

The Mayor requested that the Planner complete the update prior to the June Council meeting.

a. Planner’s Report: Planner Grittman reviewed the following information listed in his report dated May 1, 2019:

The Planner stated that Major Site and Building Plan Review and Conditional Use Permit application for the property at 2150 Charlton Road was tabled at the request of the applicant in order to accommodate a revision in the plan by moving the building footprint 4 ft. to the west on the property. The Planning Commission will revisit the application at their May meeting and make a formal recommendation for Council consideration at their June meeting.

Planner Grittman advised that the Planning Commission asked what regulations are required to obtain a Demolition Permit. He explained that staff researched the Zoning Code and found that the current code does not require a silt fence to be installed to obtain a demolition permit. He further advised that he discussed the matter with the Building Official who advised that in his opinion the installation of a silt fence should be a requirement prior to issuing the demolition permit.

The Planner asked if Council agreed that silt fencing should be installed as a requirement of the demolition permit and if staff should prepare an ordinance amendment.

Councilmember Hansen commented that there may be more homes being torn down and that she recalled discussions during the Comprehensive Plan review relating to recycling building materials when an older home is demolished.

The Planner explained that language was placed in the Comprehensive Plan that encourages recycling of building materials when a teardown occurs.

Building Inspector Andrejka stated that the City of Minneapolis requires that the materials from a home demolition be recycled.

Mayor O’Leary asked if that would delay the applicant’s timeline to build the new home and if it would increase the cost.

Inspector Andrejka stated he was unsure how the program works and would have to research the matter.

Planner Grittman explained that a member of the Planning Commission works in the construction business and pointed out that most contractor’s attempt to recycle or reuse building materials whenever possible.

Councilmember Hansen commented that it does not seem environmentally responsible to not recycle the materials.

Mayor O’Leary asked Councilmember Hansen if she would be willing to poll surrounding communities to determine if they have regulations pertaining to recycling of demolition materials.

Engineer Sandberg commented that the City of Edina may have regulations as they are experiencing the tear-down and re-build of older homes.

Planner Grittman stated he would work with Councilmember Hansen to research the matter.

The Planner explained that he researched the City’s Zoning Ordinance related to driveway apron width at the request of Council. He advised that the current ordinance does not restrict the width of the driveway apron, however, staff recommends that a 20-foot maximum width be the standard for driveway aprons. He noted that this width would accommodate fire trucks and two-way traffic in the driveway. He commented that this could be enforced with either an ordinance amendment or a policy standard that staff administers when applications are received for new construction.

Engineer Sandberg stated he agreed with the proposed driveway width.

Mayor O’Leary asked the rationale for the 20 ft. width versus 30 ft. width.

Planner Grittman explained that there may be issues with sight lines and confusion with vehicles exiting the driveway with a wider width.

Engineer Sandberg pointed out that a larger width would increase the impervious surface area.

Councilmember Bulach agreed that the hardscape area would be increased with a larger apron.

The Planner also noted that the Fire Chief agreed that the 20 ft. width would be appropriate. He asked if Council preferred an amendment to the Zoning Code or if staff should draft a policy standard that would be administered by staff.

After a brief discussion, Council concurred that a policy for the 20 ft. standard driveway width to be administered by staff would be sufficient.

Planner Grittman stated that staff is currently processing an application for a Major Site and Building Plan Review for the property at 1 Sunfish Lane and that this application would include a teardown/rebuild of an existing home. He noted the application would also include a Conditional Use Permit for an oversized attached garage and a Minor Subdivision to correct a non-conformity. He advised that the matter would be presented to Planning Commission at their June meeting and presented to Council in July.

The Planner explained that staff approved a Minor Site Plan Review for tree removal at 270 Salem Church Road. He stated the purpose of the tree removal was to accommodate a driveway and was necessary to access the site to do soil testing in anticipation of new home construction. He stated that staff approved the request with a condition that the trees be replaced once the home construction is finished or by May 2020 if no building permit has been obtained.

Planner Grittman stated that Council approved a Major Site and Building Plan Review and Conditional Use Permit in December, 2018 for property located at 2 Sunfish Lane. He advised that the project had not progressed since that time and staff was recently made aware that the property owner had switched contractors for the project. He commented that staff is expecting a building permit application soon with no changes to the original plan approved. He further noted that silt fencing was installed on this project when the demolition occurred in 2019.

Mayor O’Leary asked if the Planner would be researching regulations on silt fencing to draft an ordinance amendment and the Planner responded yes.

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

Council thanked the Planner for his report.

7. CITY ENGINEER REPORT: Engineer Sandberg referred to his report dated April 24, 2019 and reviewed the following items: 1. Engineering Activities Undertaken in April: A. Charlton Road Reconstruction/Sunfish Lake Outlet Update: Staff completed wetland permitting for the road construction and DNR permitting for the Outlet construction. He explained that the lake outlet was blocked so that Xcel Energy could work on relocating utilities. He advised that the work was supposed to be done within two (2) days, however it has been seven (7) days since the project began. He stated that he contacted Xcel Energy and was advised that the work should be completed by Wednesday, May 8.

The Engineer advised that he found Charlton Road to be in extremely rough condition and that some of the problems may have been caused by the vehicles Xcel Energy used on the road. He stated he would contact Xcel and determine if they should be responsible for repairing the areas where damage occurred.

Councilmember Hovey noted that there was “frost heave” in front of his home on Charlton Road.

Engineer Sandberg stated he would review the road to determine what caused the damage.

The Engineer advised that the Charlton Road project would begin shortly after the 4^th of July and should be completed within 60 days. He stated that he would prepare a letter to the residents, which outlines the project schedule and he would mail the letter approximately one month prior to the start of the construction.

B. 2020-2024 CIP Update: Staff will have a draft of the 2020-2024 CIP for Council review at the May meeting. He explained the document would outline infrastructure and maintenance projects proposed for 2020 and for the next 5 years for Council to review. He explained that final approval of the document usually occurs in September. He noted that Angell Road and Sunnyside Lane are slated for a 2” overlay project this year, and that the project would be 80 percent assessable to benefitted properties. He noted that it may be appropriate to delay the overlay project until 2020 and include it with the full reconstruction project on Grieve Glen Road, which may result in a better bid by combining the two projects.

Mayor O’Leary asked when the next bond issue would be final.

Treasurer Lanoue stated she was unsure of the date and explained that the City must wait one-year prior to issuing any further bonds.

2. Building and Site review in the Month of January: A. 2150 Charlton Road: Staff completed an on-site meeting and received a re-submittal for work at 2150 Charlton Road. It is anticipated this proposal will be on the June Planning Commission meeting for review. Engineer Sandberg noted that Clerk Iago gave him a letter this evening from the Minnesota Pollution Control Agency (MPCA), which stated that the petroleum storage tank removal on this site was successful and complied with all requirements.

B. 1 Sunfish Lane: Staff completed an on-site meeting and received an initial submittal for work at this property. It is anticipated that this proposal will be heard by the Planning Commission at their June meeting.

C. 270 Salem Church Road: Staff reviewed and recommended approval of a Minor Site Plan Review submittal for this property. It is anticipated that staff will receive a Major Site and Building Plan Review submittal for this property during the month of May.

The Engineer explained that he had been working with the City Planner on both projects.

3. Public Works Activities Undertaken in the Month of April: A. Damaged/Missing Road Sign Replacement: A contractor replaced and/or repaired signs throughout the City this month and the total cost for this work was $2,149.97. The Engineer advised that an additional amount of $224.97 was incurred for emergency rental and placement of a temporary stop sign that was knocked over by a car sliding off the road. He explained that the sign replacement costs were included in the 2019 budget.

B. Fire Marker Signs Installation Update: The Engineer explained that the contractor is waiting for the frost to be completely gone prior to finishing the Fire Marker sign installation that was started last fall. He noted that most of the work was completed last fall and that the project should be finished prior to the June Council meeting.

C. Sunfish Lake Outlet: This item was discussed earlier with the Charlton Road item.

D. Spring Load Limits: Staff was notified by MnDOT that the spring load limits could be removed as of May 7, and the City Forester then removed the signage; Engineer Sandberg thanked Forester Nayes for removing the signs.

Councilmember Hovey noted that Charlton Road is listed as a 4-ton road and questioned if the Xcel Energy vehicles would exceed the load limit, which could have caused damage to the road.

Engineer Sandberg stated he would contact Xcel to determine what vehicles were used and to ask if they would consider sharing the cost to repair the road.

E. Snow Plowing/Roadway Maintenance: The Engineer stated that the City received two invoices for snowplowing, which totaled $38,430.00. He explained that the total exceeded the amount budgeted by $430.00, however, he did not anticipate any further events this year.

4. Anticipated Engineering and Public Works Activities for May: A. 2020-2024 CIP Update: Staff will continue to work on the draft document for presentation to Council at a future meeting.

B. Charlton Road Construction Project: Staff will continue to work with the contractor and residents to prepare for the upcoming improvement.

Council thanked the Engineer for his report.

7. a. Discuss Delegating Authority to City Engineer to Order Minor Road Maintenance: Mayor O’Leary explained that the City Clerk had received a complaint regarding the condition of Charlton Road with excessive potholes and the resident asked if the road would be regraded prior to the upcoming improvement project. He advised that he went to view the road and found several potholes on both ends of the road and quite of bit of water in the middle section of the road. He stated that he discussed the matter with Councilmember Hovey, who advised that grading usually cost $2,000, but that the road was still frozen so the work may have to wait until spring. He noted that Clerk Iago advised that in the past, the City Engineer normally made the determination if regrading should be done. The City Attorney agreed and explained that there was a “general understanding” with Council that the Engineer had the authority to order the work.

Mayor O’Leary stated that he would prefer to establish a policy so that there is complete transparency to residents. He explained that the City Clerk expressed concern that a resolution granting authority to the Engineer may get lost, and she suggested establishing a policy instead. He noted that if a resolution were adopted, the Engineer could index the resolution for future reference. He asked Engineer Sandberg for his input on this matter.

Engineer Sandberg explained that in an emergency situation he would have the authority to order work necessary to ensure the road was safe for travel. However, he stated that he would check to make sure that funds were budgeted to cover the cost of larger repairs to the road, and would seek Council approval under those circumstances. He commented that it would be preferable to have the authority to order minor repairs rather than wait for Council authorization.

Attorney Kuntz explained that Council could memorialize the discussion for future reference and add the conditions discussed as follows:

1) Grant the City Engineer authorization to order minor road repair work and customary road maintenance projects;

2) Council authorization for minor road repair work and customary road maintenance projects would only apply if the cost is covered within the road maintenance budgeted amount; and,

3) Council may establish a set amount that may be spent per occurrence.

The Attorney also suggested that the City Engineer should get a quote for work that exceeds $25,000.

Mayor O’Leary stated he agreed with the first two conditions, however, he did not favor setting an amount for each occurrence. He asked the Engineer for his opinion.

Engineer Sterna explained that there are funds in the budget for general road maintenance, which are slated to be used for different types of routine maintenance projects.

Treasurer Lanoue commented that she did not have concerns with the Engineer spending the funds as long as the amount is within the budget. However, if the cost exceeds the budgeted line item, Council authorization should be requested prior to spending the funds.

Attorney Kuntz advised that the City has the authority to spend up to $25,000 without soliciting quotes.

Councilmember Hovey suggested Council draft a policy with guidelines for granting the City Engineer the authority to contact the Mayor prior to proceeding with minor road maintenance projects and requiring the Engineer to seek full Council approval for projects over $25,000.

Mayor O’Leary stated he would be comfortable with the Engineer making the decision without contacting him and that he supported drafting a policy that outlines the conditions for the Engineer to do so.

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

Mayor O’Leary moved to direct the City Attorney to draft a policy regarding Council granting authority to the City Engineer to order minor repairs and customary road maintenance projects that are identified in the budget that are less than $25,000 and to seek Council approval for projects that are not budgeted or exceed $25,000 and to direct the City Attorney to prepare a resolution for Council consideration at the June meeting, seconded by Councilmember Hovey and carried. (5-0)

8. NEW/OTHER BUSINESS: a. Discussion of Property at 2230 Delaware Avenue: Chief Shaver referred to his report dated April 10, 2019 regarding the Council request for him to inspect the junk vehicle at 2230 Delaware that was discussed at their April meeting. He reviewed the sections of the City Code that relate to Parking and Storage and Junk Vehicles and stated that he observed a vehicle that appeared to be in a state of disrepair at that location. He advised that he determined the vehicle’s outside rearview mirror on the driver’s side was broken off and that the registration had expired in October 2018.

Chief Shaver stated that he spoke to a person living at this location and advised her that the vehicle was in violation of the City Code. He explained that Ms. Schulz stated her son intended to repair the vehicle. He advised Ms. Schulz that her son had until May 1 to either remove the vehicle, store it inside or make it operable. He further advised Ms. Schulz that if these corrections were not made by May 1, he would approach Council to determine other options to correct the violation. He commented that Ms. Schulz stated she understood his request and that she would talk to her son.

Chief Shaver explained that during his visit on the property he observed other possible building code violations and took photos of these items for staff to review as listed in his report. He stated that the deck attached to the home was in very poor condition and, in his opinion, did not appear to be structurally safe. He advised that he checked the property this evening and the junk vehicle was no longer visible.

Chief Shaver indicated that there may be further Code violations relating to the septic system and the home and he briefly reviewed this item for Council. He explained that he contacted the City’s Septic Inspector, Ron Wasmund, and Dakota County and found that the last record of the septic system being pumped was in 2009.

There was discussion related to the concerns expressed by the Police Chief regarding the living conditions and the condition of the home. Chief Shaver explained that he was advised a social worker had been assigned to the occupant at that location.

Mayor O’Leary asked the City Attorney if the City had authority to conduct any further investigation of the property such as the safety of the deck.

Attorney Kuntz explained that the social worker assigned to the occupant should be aware of the living conditions and assisting the occupant on that matter. He advised that the City Code requires the septic system to be pumped on a regular basis and, if that is not being done, the City would have recourse to require the occupant to bring the septic system into compliance. He noted that if the septic system is not brought into compliance, the City could then issue a citation for the violation of City Code.

Mayor O’Leary asked if the City should contact the social worker to discuss the issues.

Attorney Kuntz stated that the City could express their concerns or inform the social worker of the findings. He noted Chief Shaver was told by the person occupying the home to stay off the property. He stated that Council could ask the Chief to memorialize his concerns relating to the deck for future reference.

Mayor O’Leary asked if the Building Inspector could access the property to confirm the condition of the deck.

Councilmember Bulach commented that it appears the only recourse the City would have would be in the event the septic system was non-compliant. The Building Inspector may be able to access the property with the Septic Inspector to view the deck.

Inspector Andrejka explained that the Building Code only deals with new construction and that this type of property issue would fall under Housing Maintenance Code Enforcement.

There was discussion relating to whether or not staff would have the authority to access the property without permission.

Attorney Kuntz suggested that the City begin with a positive step first and try to determine if the septic system is in compliance prior to addressing the other concerns listed in the Chief’s report.

Council concurred and asked the City Clerk if she had access to that information.

Clerk Iago stated that she would contact Dakota County and also check the files at the City of Lilydale regarding the property and the septic information.

Chief Shaver stated he would exchange information with the social worker assigned to the occupant and outline his concerns regarding the condition of the property and discuss possible assistance programs to assist with repairs.

Mayor O’Leary referred to the State Building Code Section 1300.080, which discussed the Building Official’s authority to view unsafe structures.

Councilmember Hovey explained that there were two past incidents in the City where Council had taken action to remove unsafe structures from property, one was an old barn and one was a home.

After a brief discussion, Council concurred to direct the Clerk to research the septic system to determine if it was in compliance, and to direct the Police Chief to contact the social worker assigned to the occupant to advise of the condition of the property and the unsafe condition of the deck, and that Council would defer any further action at this time.

Councilmember Bulach asked what happens if the septic system had not been pumped for three years as required.

Councilmember Hovey explained that two notices are sent to the property owner and, if the system is still non-compliant, the City has the authority to pump it and charge the cost to the taxes.

Mayor O’Leary asked if there were any further questions or comments and there was no response. He thanked the Chief for his report.

b. Consider Reappointment of Mayor O’Leary to serve on the Noise Oversight Committee (NOC): Mayor O’Leary stated that he attended a Joint Informational Meeting regarding airport noise, which was conducted by the Metropolitan Airports Commission, on April 24. He noted there were only a few residents from Sunfish Lake present but that the meeting was very informative.

The Mayor stated it was time to appoint a representative from Sunfish Lake to serve on the Noise Oversight Committee (NOC) and that he would be willing to continue to serve in this position. He asked if there were any questions and there was no response.

Councilmember Bulach moved to reappoint Mayor O’Leary to serve as the City representative on the NOC, seconded by Councilmember Hansen and carried. (5-0)

c. Consider Approval of City Forester (Living Sculpture Tree and Shrub Care, Inc.) to do Landscaping Work at Mayor O’Leary’s Residence: Mayor O’Leary explained that he contacted the City Forester to request a quote for landscaping and tree replacement at his residence, however he was not aware that the City had a policy which prohibited a consultant from providing any services to a Councilmember due to a conflict of interest. He referred to the memorandum from the City Attorney dated May 2, 2019, which outlined the policy that was adopted by Council on February 3, 2009 and advised that the City Attorney determined that the Forester cannot provide services to a Councilmember unless the Council amends the policy or votes to waive the prohibition in this instance.

Mayor O’Leary asked if the Council would support an amendment to Section 4 titled, Work for Councilmembers, by adding the following language to the last sentence:

“, unless the services are approved by a majority of the Council.”

The Mayor explained that this would allow flexibility, but would require a majority vote of the Council on the matter. He explained that in his opinion it would not be appropriate to contribute to the discussion on this matter and asked that Councilmember Hovey lead the discussion as Acting Mayor.

Acting Mayor Hovey asked for background information regarding why the policy was established.

Attorney Kuntz recalled that the previous City Forester had done a substantial amount of work for residents, however, Council determined it may create issues for the City if residents were required to plant additional replacement trees in conjunction with applications, or appear that the City Forester had recommended such items for personal gain. He commented that he did not recall the rationale for including the prohibition that the Forester could not do work for Councilmembers, but indicated it may have been easier to include consultants to deter conflicts of interest. He also recalled that Council approved a waiver to allow work to be done by the Forester for Councilmember DeCourcy.

Councilmember Hovey stated he also recalled the request from Councilmember DeCourcy and that the Forester might have already started the project on her property prior to her request for a waiver being approved.

Forester Nayes explained that a previous person that served as City Forester injured himself with a chainsaw and filed a Worker’s Compensation claim against the City; the claim was denied since the City Forester was not a City employee.

Councilmember Hovey supported a waiver to allow the work since precedence was set by the waiver for Councilmember DeCourcy in the past.

Mayor O’Leary explained the project would include removal and replacement of some existing trees and site clean-up. He noted that he may request planting of some additional spruce trees in the future.

Councilmember Bulach stated he would support the language change as recommended by the Mayor.

Attorney Kuntz explained that Council specifically adopted a resolution rather than an ordinance so that it would be easier to amend the language in the future. He recommended the language amendment as follows:

“, unless such services are approved by a majority of the Council without the affected Councilmember voting on the matter.”

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

Councilmember Wahlstrom moved to amend Resolution No. 09-05 titled, A RESOLUTION ADOPTING A POLICY WITH RESPECT TO CONFLICTS OF INTEREST CONCERNING CITY CONSULTANTS AND EMPLOYEES, by including the following language at the end of the last sentence in Section 4 titled, Work for Councilmembers: “, unless such services are approved by a majority of the Council without the affected Councilmember voting on the matter.” and direct the City Attorney to prepare a resolution for Council consideration at the June meeting, seconded by Councilmember Hansen and carried. (5-0)

Councilmember Wahlstrom moved to approve the request from Mayor O’Leary to allow the City Forester to perform tree removal and replacement and site clean-up work at the Mayor’s residence, seconded by Councilmember Hansen and carried. (4-0-1) (4-Ayes: Wahlstrom, Hansen, Bulach, Hovey; 0-Nays; 1-Abstain: O’Leary)

Acting Mayor Hovey deferred back to Mayor O’Leary to chair the meeting.

d. Consider Rescheduling July 2, 2019 Council Meeting to July 9, 2019: Clerk Iago noted that the regularly scheduled July Council meeting falls during the week of the July 4^th holiday and asked if Council would prefer to reschedule the meeting since it may be difficult to have a quorum present.

Council concurred to reschedule the meeting to the following Tuesday, July 9, 2019.

Mayor O’Leary moved to reschedule the Regular Council meeting of July 2, to July 9, 2019, at 7:00 p.m. at St. Anne’s Church and to direct the Clerk to post notice of the change, seconded by Councilmember Hovey and carried. (5-0)

e. Consider Request and Funding for Mayor to Attend “Neighborhood Law” Seminar June 6, 2019: Mayor O’Leary requested that Council authorize an expenditure for his attendance at a Law Seminar that deals with common neighbor disputes and other issues between neighbors. He stated that the seminar covers issues such as zoning, water rights, shared driveways, easements, etc., which is not his area of legal expertise.

Treasurer Lanoue explained that there are funds budgeted for Councilmembers to attend such events.

Councilmember Bulach moved to authorize the expenditure for Mayor O’Leary to attend the “Neighborhood Law” seminar on June 6, 2019, seconded by Councilmember Hovey and carried. (5-0)

f. Discuss Costs Associated with Compiling and Printing “Welcome Committee” Informational Packet: Mayor O’Leary explained that he had received estimates for printing copies of informational materials to be sent to residents. He displayed a copy of the “Welcome” postcard that listed information on the voting and City meeting location and gave the City website address and City Clerk’s phone number. He also checked the cost to print and laminate an 11” x 17” City map and advised that the printing costs would be less than $1,000. He requested Council authorization to spend up to $1,000 on printing materials for distribution.
Mayor O’Leary moved to authorize the Welcome Committee to spend up to $1,000 on printing and processing materials for distribution to residents as discussed, seconded by Councilmember Hansen.

In discussion, Councilmember Hovey questioned if funds were budgeted for this purpose.

Councilmember Hansen recalled that there was discussion to use the Cable Franchise funds for payment of these materials.

The Mayor asked if there were any further questions and, hearing none, called the question.

Motion carried. (5-0)

g. Consider Hire to Update City website: Mayor O’Leary stated that he and members of the Welcome Committee had met with staff from the City of Eagan to review their website and discuss options for updating the Sunfish Lake website. He stated that the group met with a few website designers and everyone agreed that Robyn Lingen was the best choice for the job. He explained that Robyn indicated the website update project would cost approximately $3,000 and that ongoing checkups and maintenance of the site would be approximately $300 per year.

Councilmember Hovey questioned if the committee had developed an outline for the project duties.

Mayor O’Leary stated that resident Andrew Ralston was asked to prepare an outline of the scope of work since he had experience in this area. He asked Councilmember Hovey to also review the outline once it was prepared to ensure it meets the needs of the City, and Councilmember Hovey agreed to review the outline prepared by Mr. Ralston.

Mayor O’Leary moved to authorize hiring Robyn Lingen to update the Sunfish Lake City website at a cost not to exceed $3,000, subject to Council review of the “Scope of Work” outline prepared by Mr. Ralston, seconded by Councilmember Hansen and carried. (5-0)

h. Police Chief Announcement: Chief Shaver announced that he would be retiring after 37 years with the West St. Paul Police Department, effective May 23, 2019, which is also his 63^rd birthday. He stated that he enjoyed every day of his job and thanked Council and staff for the privilege of working with them. He noted that Lieutenant Brian Sturgeon would serve as Acting Chief and had numerous years of police experience.

Council congratulated and thanked Chief Shaver for his dedicated service to Sunfish Lake.

i. Consider Approval of Pay Equity Report for Submittal to the State of Minnesota: Treasurer Lanoue explained that the State of Minnesota requires the City to submit a “Pay Equity Report” even though the City has no employees that qualify under the required information requested.

Mayor O’Leary moved to approve the Minnesota Pay Equity Report prepared by Treasurer Lanoue and authorize its submittal to the State of Minnesota as requested, seconded by Councilmember Hansen and carried. (5-0)

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

9. ADJOURN: Mayor O’Leary adjourned the meeting at 9:10 p.m.

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Catherine Iago, City Clerk Dan O’Leary, Mayor