SUNFISH LAKE CITY COUNCIL MEETING – OCTOBER 4, 2011

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

Attendants:

Mayor:  Richard Williams

Councilmembers: Judy MacManus, Roger Conant, Paul Burke and Mike Hovey.

City Attorney:  Tim Kuntz            
Engineer:  Tim Hanson

City Treasurer:  Mike Blair
Building Inspector:  David Neameyer

City Forester: Jim Nayes
Police Chief: Manila Shaver
City Clerk:  Cathy Iago
and Members of the General Public.
City Planner Steve Grittman was absent.

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

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

Mayor Williams added three items under 8.f. Other Business. 1)Appointment of Gordon Peters to Planning Commission; 2) Authorize Expenditure for Hosting Dakota County Mayors/Managers Meeting; and 3) Brief Report on Status with State Auditor.

Councilmember Conant moved approval of the Agenda as amended, seconded by Councilmember Hovey and carried. (5-0)

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

Councilmember Burke referred to pages 9 and 10 of the Regular Council meeting minutes of September 6, 2011 and offered the following corrections:

Page 9, paragraph 6, first sentence should state as follows:  “Councilmember Hovey asked how much interest income was lost from early payments on the Acorn Drive bond issue. The Treasurer explained it was approximately $3,000. ”

Page 10, paragraph 1, first sentence should state as follows:  “Councilmember Burke noted that the proposed budget shows an increase over the current year estimates in the following areas; $17,000 on snow removal, $8,500 on CIP, $4,000 on Charlton Road Maintenance, $5,500 on Forester related services and $4,000 for Engineering.”

Page 10, paragraph 2, should state as follows: “Councilmember Burke commented that at the public hearing in December on the proposed budget, the proposed budget should be compared to the actual year-to-date 2011 expenses and revenues plus projected balance of 2011 expenses and revenues.  He also commented that the five expense categories previously noted bear further scrutiny for 2012 budget expense reductions.”

Mayor Williams asked if there were any further comments.

Councilmember Conant commented that he noted that some of the consultants had charged the City for their time to attend dinner prior to the Council meetings; he recalled Council previously discussed this matter and appeared to agree that attendance at this dinner meeting was not a City function. He pointed out that if all the consultants charged for their time at the dinner meeting it would be a substantial amount annually.

Mayor Williams commented that Councilmember Conant’s point was well made, however, he suggested that this should be discussed when conducting the consultant reviews and during contract negotiations. He noted that Sunfish Lake is unique as most cities have staff meetings for this purposes. He suggested that it is essentially a policy issue and Council should address the matter at a future meeting.
Councilmember Conant explained that he raised the question because he noted the expenditure in the List of Bills.

Mayor Williams asked if there were further comments.

Councilmember Burke asked if the money market fund had exposure to European banks.  Treasurer Blair responded no and explained that there is a statutory requirement that cities invest in depositories that meet statutory requirements. He explained that the City broker, Smith Barney has issued a broker’s certificate that states the City is in compliance with Minnesota Statues. He offered to check to confirm this and stated that he receives the certification from the broker annually.

Councilmember Conant stated he would like to see a copy of the certificate. The Treasurer stated he would provide a copy for Council.   

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

Councilmember Hovey moved approval of the Consent Agenda with amendments to the minutes as requested, seconded by Councilmember MacManus and carried. (5-0)

a. Regular Council Meeting minutes of September 6, 2011

b. List of Bills

c. Monthly Financial Statements

4.   COMMENTS FROM THE PUBLIC: Mayor Williams asked if there were any comments from the public.

Councilmember Hovey was asked by resident Jake Crandell to place an item on the City website regarding a lost cat he had found.  He also advised that the Halloween Party would be held on Sunday, October 30, and that he would also note this on the website.

Mayor Williams advised that he received an email regarding a problem with wild turkeys and indicated that he was unsure whether the City can conduct a hunt to reduce the number of wild turkeys. 

5.   PUBLIC HEARING/PRESENTATIONS: Report from MAC Representative Gretchen Keenan, Noise Environment
and Planning Manager Chad Leqve, and At-Large Group Noise Oversight Committee Representative John Bergman

Mayor Williams introduced Gretchen Keenan, the City’s Noise Oversight Committee (NOC) Representative.

Gretchen Keenan explained that she has been a resident of the City for 12 years and is now serving her second term as the City’s NOC Representative.  She explained that the NOC representatives are appointed from cities surrounding the airport and discuss issues of concern relating to noise. She introduced John Bergman, the At-Large Group Noise Oversight Committee Representative, and explained that John represents several cities and has a seat on the committee.

Mr. Bergman stated he is a Councilmember from Apple Valley and that he allows Ms. Keenan and other representatives to use his seat on the committee to express concerns related directly to their cities. He praised Ms. Keenan for her representation and for doing an admirable job in relating the concerns of Sunfish Lake to the Metropolitan Airports Commission.

Ms. Keenan also introduced Chad Leqve, the Noise Environment and Planning Manager from MAC and explained that he would provide an update on the proposed R-NAV.  She distributed information relating to the tracking of noise trends and explained that the general increase shown in June was due to construction at the airport and nighttime operations. She explained that two residents had complained that noise operations appeared to increase around 10:00 p.m.

Chad Leqve thanked Ms. Keenan and Council for the opportunity to attend this meeting and provide information on airport operations. He stated that he has been employed in the same position at MAC for the last 15 years. He explained that the spike in nighttime noise during the month of June was due to construction at the airport to prevent accidents between planes on the ground; he advised that the construction was federally funded and there was closure of a runway to accommodate construction during nighttime hours.
Mayor Williams noted that there appears to be a seasonal pattern for the noise increase beginning in 2009. Mr. Leqve pointed out that due to prevailing winds during the colder months of the year the airport needs to change the take-off pattern for planes. He noted that this increase drops off dramatically between June and September.

Mr. Leqve explained that the R-NAV system is the ability to use on-board navigation to automate airplane heading operations. He indicated that even with more focused operations, airplanes would still be directed over residential properties. He further pointed out that the airport decisions are made by the FAA and although the Noise Oversight Committee has significant discussions with the airport, ultimately the airport has no control over operations. He advised that communities will have input when the R-NAV system installation occurs; he stated there would be public meetings to inform residents of the system.

Ms. Keenan commented that there has been no decision at this time regarding a set path for the R-NAV to follow and that the residents in Minneapolis are vocal with their concerns.

There was a brief discussion relating to the operations from the various runways at the airport over residential and industrial areas. Mr. Leqve reiterated that MAC attempts to do the best that they can to engage the FAA with the cities concerns; however, ultimately the FAA has the authority to run the operations.

Ms. Keenan commented that both Mr. Leqve and the FAA Representative, Mr. Carl Rydeen, have been very receptive to concerns raised by the cities and that the committee has an excellent working relationship with these individuals.

Mr. Leqve explained that Mr. Rydeen has been wonderful to work with and truly listens to the concerns expressed by MAC and the cities representatives.

There was discussion regarding tower control operations for the airport and Mr. Leqve explained the radius for tower operations and authority for control of the airplanes.

Mr. Leqve advised that his office is working on a redesign of their website to better communicate with residents on what is happening at the airport. He asked that Council review the site and offer suggestions on how to better inform the public through the website.

Councilmember Conant suggested placing a link to the MAC website on the City’s website.

Resident Jim Sullivan asked if the FAA controls both civilian and military operations at the airport. Mr. Leqve responded they control both.

Mayor Williams asked if there were any further comments or questions and there was no response. He thanked Ms. Keenan, Mr. Bergman and Mr. Leqve for their presentation.

6.   PLANNING COMMISSION/PLANNER’S REPORT: Mayor Williams explained that there were no planning applications and therefore the September and October Commission meetings were cancelled. He advised that the Planner had sent his report to Council and staff.

Appointment to Planning Commission: The Mayor asked that the Planning Commission appointment be considered at this time and explained that Commissioner Tom Votel had resigned from the Planning Commission. He asked Council to ratify the appointment of Gordon Peters to the fill the unexpired term of Commissioner Votel ending in December, 2011.

Councilmember Conant moved to ratify the appointment of Gordon Peters to the Planning Commission to fill the unexpired term of  Commissioner Tom Votel which ends in December, 2011,  seconded by Councilmember Hovey and carried. (5-0)

7.   INSPECTOR’S REPORTS:

a.   Building Inspector: Inspector Neameyer advised that he was informed of the anonymous letter relating to the property at 2554 Delaware and that he was asked by the Mayor to conduct an inspection of the property. He explained that he reviewed the property and found a minor amount of maintenance being done to shingles on the property; he noted it appeared to be a maintenance issue and did not require a building permit. He advised that he spoke to a resident at the property regarding the dumpster and they indicated they were doing general housekeeping to clean out the home. He stated he found no debris, only personal items in the dumpster. He further stated that he told the resident they were only allowed to burn wood and no personal items.

Mayor Williams explained that it appears as if the Spa/Hot tub was placed in the dumpster after the Inspector’s visit.

Inspector Neameyer stated that he issued two (2) building permits and two (2) plumbing permits and closed out some permits in September.

The Inspector explained that the property at 1 Windy Hill Road had received major water intrusion under the stucco on the home and the owner requested a building permit to replace the stucco with stone and hardy board siding. He informed the owner that they must receive permission from the City to replace the stucco with hardy board siding and suggested they contact the City Planner to make application.

Councilmember Conant asked if the Inspector had emailed his report to Council. Inspector Neameyer explained that he sent it to the Clerk and thought it would be forwarded to Council.

Clerk Iago pointed out that each consultant usually sends their reports directly to Council and mails a hard copy. She commented that it was a miscommunication between staff.

The Inspector apologized and advised that he would send it directly to Council in the future. 

Councilmember Conant asked if there was a risk of damage to the property at 1 Windy Hill Road if there is a delay in the process. Inspector Neameyer responded no, but indicated that the property owner wished to place scaffolding at the site prior to a snowfall.

Council thanked the Inspector for his report.

d.   PUBLIC SAFETY: Chief Shaver advised that he sent a police officer to check the property at 2554 Delaware and he reported that the adult son of the owner indicated he was cleaning and preparing the home for sale. He advised that the officer reported nothing out of the ordinary. He advised that police records found no criminal activity at the property and only one complaint of a late bonfire where furniture was burning.

Mayor Williams asked if the police are periodically checking the property and the Chief responded yes.

The Chief reported that police received a call from a grandmother who had inadvertently locked three grandchildren in her car. He complimented residents on Salem Lane for reporting a van with New Jersey license plates and occupants soliciting without a permit.

Councilmember Hovey asked if police costs would increase with additional calls relating to geocaching. Chief Shaver responded no and explained that all responses by police are covered in the annual contract.

Councilmember Conant asked if the persons soliciting without a permit would go to court. Chief Shaver indicated that they would pay a fine and would not have to appear in court.   

Council thanked the Chief for his report.

c.   CITY FORESTER: Forester Nayes advised that he issued five (5) burning permits in September. He stated that he coordinated with Wright Tree Service, working for Xcel Energy, to conduct tree pruning on trees that may cause future problems with power distribution within the City; the locations included a cottonwood tree west of Acorn Drive, several ash and elm trees along Charlton Road, a large elm on the north side of Salem Church Road and a cottonwood on private property along Sunfish Lane.

The Forester stated that Rough Cutt completed a second roadside mowing up to a portion of Charlton Road and had to stop due to a punctured tire; he indicated the remainder of the road would be completed this week. He stated that he had done the annual mowing of Musser Park in preparation for the Green Futures Tree Planting Event on October 15.  He further advised he completed the mowing of trails in Musser and Harmon Parks and various patches of burdock to prevent seed production. 

The Forester stated he received an agreement to cross the Kampmeyer property for the planting event on October 15 and that the Mendota Heights Fire Department has agreed to allow the City to use their brush firefighting rig to water the newly planted trees on that day. He stated that Wright Tree Service is providing wood mulch; Living Sculpture Tree Care has volunteered time and a small auger to dig holes for the new trees; Dick Bancroft donated the use of his trailer for future watering of the trees and Inspector Neameyer donated a water tank for future watering of the trees. He asked that anyone wishing to volunteer for the planting event contact the Tree Trust to sign up; the event begins at 8:45 a.m. and should be completed by noon.

Forester Nayes explained that he was contacted by a reporter from the Star Tribune regarding the event and he shared information with her, as well as referred her to the Mayor and the Tree Trust for further information. He stated the article should appear in the Sunday edition of the newspaper.

The Forester explained that he was contacted by the Mayor and advised that no burning permit had been issued for the property owner at 2554 Delaware; he visited the resident and discussed what could be burned and issued a burning permit at that time.

Councilmember Conant asked if drought conditions prohibited issuing burning permits. The Forester explained that no permits may be issued if there is more than a 10 mph wind. He indicated that he advises persons who have not previously been issued permits to read the regulations and to be sure to have a hose handy when the burning occurs.

Mayor Williams asked if DNR regulations prohibit issuance of burning permits.

The Forester advised that the DNR usually prohibits burning in the spring, when the grasses are dry before new growth occurs. He stated that currently there is no danger listed in this area.

Councilmember Conant suggested that the Forester remain alert to the DNR listings of dangerous areas.      

Forester Nayes explained that he gathered information on two geocaches that he was aware of in the City and provided the information to the Mayor. He noted that a van pulled up on his dead end street and he asked the occupant what they were doing in the area. He explained that the person advised they were looking for a geocache and they did find it and showed it to him. He advised that he photographed the contents and that he also found one at Musser Park.

Mayor Williams pointed out that these were in addition to four listed in an email he received.

The Forester stated he would prefer not to have people accessing the dead end road for this purpose.

Councilmember Conant pointed out that no permission was granted for this purpose by Council. Mayor Williams recalled that the persons were told to come back in six months for further discussion.       

Forester Nayes advised that he had been awarded a Lakeshore Restoration Grant from Dakota County to restore approximately 100 ft. of shoreline on Horseshoe Lake; he stated the project was started on September 15 and must be completed by November 15. He stated that grants are also available for rain garden installation. He and his wife invited anyone interested in lakeshore restoration to contact them and arrange a time to view the progress.     

Council thanked the Forester for his report.

b.   CITY ENGINEER: Angell Road Culvert Replacement: Engineer Hanson stated a field review of the culverts was completed with Councilmember Conant and Engineer Arne Junker; a summary memo is included as Item 8.e.

Utility Permit Application:  The Engineer advised he received an application for utility work from a cellphone company to place utility cable under Angell Road and connect to an existing residence. He reviewed the application and the work was scheduled to be completed by September 29, 2011.
Stage One MS4 Pond Inventory:  The Engineer stated that he reviewed the pond inventory map with Water Resources staff at WSB; he distributed copies of the summary map for Council review. He explained that the ponds and storm sewer facilities shown on the map are to the best of his knowledge and that some research remains to be done on private rain gardens for possible inclusion on the map; the private rain gardens are not required for inclusion on the map. He asked that he be contacted with information if anyone has knowledge of a pond that is not shown on the map so it could be added to the inventory. He stated the map is required by the NPDES Permit.  

The Engineer stated he received a map from the MPCA showing areas in yellow that are identified as draining bacterial discharge into the Mississippi River. He distributed copies of the map for Council review. He explained that the City should review the map since it is important because if land is identified in Sunfish Lake as draining into the river, it may set a bacterial limit for the drainage. He indicated that the map does not include lakes.   

Beckett Driveway Culvert: The Engineer stated that the driveway culvert for this parcel extending from Trunk Highway 3 had collapsed and MnDOT repaired the culvert. He noted that MnDOT indicated they have a new policy on driveway culverts where they replace culverts that have failed; this is change in policy from the recent past in which the property owner was responsible.  He explained that MnDOT started the policy to insure the repairs are done correctly

Councilmember Conant asked if this would apply to property on Salem Church Road and the Engineer responded no, due to the fact that it is a City street and not under MnDOT’s jurisdiction.

Councilmember Hovey asked if MnDOT paid for the repairs and the Engineer stated he was unsure who it responsible for the costs.

Councilmember Conant asked if the City has any authority to require standards for repairs for City roads. The Engineer explained responded yes; he advised the standards are based on engineering calculations for the runoff.

Mayor Williams recalled that the City imposed drainage capacity for the culvert construction and standards for the road construction when the Kampmeyer Addition was installed. He indicated that he was unsure if the City has an ordinance requiring standards for driveway installation.

The Engineer explained that he received a letter from Pine Bend Paving stating that they are no longer pursuing snowplowing and thanked the City for their past working relationship.

Councilmember Hovey recalled that normally only Pine Bend submitted a quote for snowplowing and asked if the Engineer would be providing this information to other companies.

The Engineer responded yes and advised that he has already received calls from other companies expressing an interest in bidding.

Councilmember Conant asked if the City received more than one bid last year and the Engineer responded yes.

Attorney Kuntz responded to the Mayor’s comment regarding driveway installations and advised that because a private driveway connects to a City street, the City has the authority to require standards for its installation.

The Attorney suggested that Council discuss their expectations regarding how many snowplowing quotes should be solicited by the City Engineer.

Mayor Williams asked the Engineer what he believes a realistic number would be; he noted that the quotes would most likely be limited to companies within this geographic area. 

The Engineer agreed that companies in the surrounding area would be most likely to respond; he indicated that the City may be able to solicit approximately 4 to 6 quotes and receive at least three bids in response.

Mayor Williams asked what mile radius would be most economically feasibility for companies to respond to request for bids. The Engineer suggested that companies within a 10-mile radius should respond.
Councilmember Hovey asked if there is a requirement in the ordinance for the number of bids that are solicited. The Engineer stated he was unaware of an ordinance.

Councilmember Burke asked why the City would not seek as many bids as possible.

There was discussion regarding if the bid quote should be advertised.  The Engineer indicated that time is short and he is unsure if most companies read the local newspaper, but he offered to advertise if the Council wishes. 

Councilmember Burke commented that it may be a waste of time to advertise and suggested the Engineer solicit bids instead. He asked if it would be appropriate to solicit bids from another municipality in the area.

Engineer Hanson pointed out one issue would be that Sunfish Lake streets would not be plowed until the municipality first plows their streets. 

Councilmember Burke commented that snowplowing is a large budgetary item and asked if it would be appropriate to solicit a multi-year, capped bid from companies so they can plan for subsequent years.

Mayor Williams agreed the City may receive better bids if it were a multi-year contract.

Councilmember Hovey pointed out that if the company is not doing a good job, the City may be unable to do anything with a multi-year contract.

Councilmember Burke stated that could be dealt with by including performance components in the bid; he suggested a multi-year contract could be bid as an alternate.

The Engineer suggested it would be beneficial that it be advertised as a two-year commitment.

Attorney Kuntz asked the budgeted amount for snowplowing and the Treasurer responded $55,000.

After discussion, Council concurred to direct the Engineer to seek as many potential bidders as possible within a
10-mile radius, to solicit both a one-year or a multi-year bid as an option, and to seek both private and public sector bidders from surrounding communities so that Council may then compare and evaluate the bids based on service and priority.

The Engineer pointed out that it is a complex solicitation due to the fact that the City requests prices on equipment and indicated that he would solicit quotes based on what equipment he believes is needed.

Public Works Activities Undertaken in the Month of September: Shoulder Repairs:  Aggregate shouldering spot repairs were completed on several City streets; Salem Church Road, Grieve Glen, Acorn Drive, Windy Hill Road and the intersection of Lone Oak Road. He advised there were no major repairs.

Anticipated Engineer/Public Works Activities’ for the Month of October:

- Obtain quotes for 2011-2012 Snow Removal Contract
- Grading Charlton Road

Councilmember Hovey asked if there was anything that could be done to repair the “washboard” effect on Charlton Road at Highway 110. The Engineer explained that without pavement this will continue; he noted this occurs when the road goes from hard surface to gravel.

Council thanked the Engineer for his report.

8.   NEW/OTHER BUSINESS:

a.   Consider Approval of Deer Management Contract with Metro Bowhunters Association: Mayor Williams introduced the proposed contract with the Metro Bowhunters Association for the 2011 deer hunt.
Councilmember Hovey stated that he received a telephone call from former Councilmember DeCourcy and expressed concerns regarding the upcoming deer hunt; she asked what happens to the antlered deer that are taken, are they being kept by the hunters; taking antlered deer was not her preference and had concerns regarding hunting on 2.5 acre lots.

Councilmember MacManus stated that she was also contacted by Ms. DeCourcy who expressed concern that some home owners near her were getting together to form a 10-acre hunting area in a residential area.

Mayor Williams stated he was also contacted by Ms. DeCourcy regarding her concern with hunting in the Russ Wahl Wetland as it is too close to residential property. He explained that he had discussed this with Officer Muellner and was advised by Officer Muellner that hunting will occur only in Musser Park and the two contiguous properties near the park and that would be the only areas. He explained it is his understanding there would be no hunting in the Russ Wahl Wetland area.

Councilmember Hovey stated he gave written permission for hunting on his property. Mayor Williams advised that he was told no hunting would occur in that area even though permission was given; Officer Muellner stated that if there were issues they would limit the hunt to Musser Park and the two adjacent properties.

Mayor Williams advised that the second issue relates to resident hunting. He explained that when it was originally discussed he and Officer Muellner thought it would be done under the auspice of the Metro Bowhunters. He indicated there are only three possible residents who wish to hunt and they would be subject to the same qualifications as the Bowhunters Association, although they would not be hunting with the Bowhunters Association. He noted that the residents would still have to go through Officer Muellner, they would still be required to meet qualifications and would have to hunt in the same authorized area. He commented that these residents stated they moved to Sunfish Lake because they were allowed to hunt in the City. He explained that the resolution should be amended to reflect this change.

Councilmember MacManus stated she opposes the change and that the residents were supposed to be hunting under the auspices of the Bowhunters Association. Mayor Williams disagreed and explained that the residents had to join the Bowhunters Association, but would not have to go through the lottery. He advised that Officer Muellner would still insure that the residents meet the same qualifications and would only hunt in the areas permitted.  

Mayor Williams moved to adopt Resolution No. 11-16 titled RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF SUNFISH LAKE AND METRO BOWHUNTERS RESOURCE BASE, INC. to conduct a controlled hunt with an amendment to permit residents who otherwise qualify as sharp-shooters and meet the requirements of the Bowhunters Association, but are not actually members of the association, be permitted to hunt if their credentials are approved by Officer Muellner and that Officer Muellner would have to approve the hunting location as a condition of the citizen participation, seconded by Councilmember Conant.

Councilmember Burke responded that he would support a motion that specifies the area of Musser Park and the continguous areas, subject what the hunt officer’s certification program will be.

Mayor Williams as maker and Councilmember Conant agreed to the friendly amendment by Councilmember Burke to specify that the “eligible areas” for hunting be confined to the boundaries of Musser Park and the boundaries of the two private properties contiguous area to Musser park where the City has received permission from the landowners to hunt on private property.

Mayor Williams explained that residents and Bowhunters are required to take a DNR advanced bow hunting safety course and have to qualify as a sharp-shooter. He indicated that Officer Muellner suggested that if a resident has completed the DNR course and qualified as a sharp-shooter they should not have to join the Bowhunters Association. He noted that the resident must hunt in the authorized area and report to Officer Mueller the number of deer taken and the disposal method.      
Councilmember Hovey asked if the hunt occurs on private property is there a liability form the hunters must complete since this is a City sanctioned hunt.

Attorney Kuntz advised that he and the Treasurer contacted the League of Minnesota Cities Insurance Trust (LMCIT) who advised that volunteers who are part of the controlled hunt program are covered, if they are acting on behalf of the City and participating in the program. He noted the insurance does not cover falling out of a tree, etc.

Mayor Williams stated that if someone wishes to hunt they would sign a waiver of liability against the City.

Attorney Kuntz noted that there was a Release Form and Consent Form provided as part of his report.

Mayor Williams explained that in discussions with Officer Muellner the residents would have the same requirements as the Bowhunters Association.    

Attorney Kuntz advised that the City Ordinance currently lists criteria and regulations for residents hunting, however; this year the City decided not to operate under that ordinance and set the limit at zero. He noted that Council instead decided to contract with the Bowhunters Association for the hunt; therefore the change to this contract would state the eligible areas as Musser Park and the two contiguous areas adjacent to Musser Park and those would be the only land areas they would hunt.

Mayor Williams agreed that those are the only two areas the Bowhunters indicated they wish to hunt. He explained that the citizens wishing to hunt expressed a problem with this limitation.

Councilmember Conant asked if the areas on the northern part of the City would not be impacted by this but only the southern part of the City. Mayor Williams responded yes.

Councilmember Conant stated in his opinion he does not perceive a problem with excess deer living in the southern part of the City but more of a problem in the northern portion of the City.  Mayor Williams agreed this is true because deer move around; he noted that a deer herd covers the whole City.

Councilmember Conant commented that he can recognize deer in his area; he suggested it would be possible to assemble a 10-acre parcel in his area for hunting.

Mayor Williams disagreed and noted that permission must be given from the adjacent residents also. He indicated that due to the incident last year with a deer being shot and getting away there are some concerns with hunting near residential areas.

Councilmember Conant disagreed that it would not be feasible to assemble the appropriate land area, but if the hunters do not wish to hunt in that area it is their choice.

Councilmember MacManus stated she is opposed to allowing residents to hunt and pointed out that the City hires the Bowhunters to cull the herd; she stated she is opposed to residents hunting for sport.

Mayor Williams commented that the Bowhunters are also hunting for sport and that the purpose of a controlled hunt is to discourage hunting in uncontrolled areas. He disagreed that residents should not be allowed to hunt.

Councilmember Conant called the question.    

Motion carried. (Ayes: 4 Williams, Conant, Hovey, Burke; Nays-1 MacManus)

b.   Consider Recommendations of Building Official for Changes to Procedures and City Code: Attorney Kuntz explained that he reviewed the information, per Council request, and summarized his findings;

- Updating the forms used by the Building Official is reasonable to make them more understandable
- Updating citation references would bring the City Code numbering into conformance with State Statutes

- Amending Permit Fees - The City currently operates under the fee schedule recommended by the 1997 Uniform

Building Code. This is a policy issue and Council should determine whether or not they wish to increase fees to reflect the general increases that have occurred since the 1997 version of the fee schedule.

The Attorney recommended that after discussion of this matter, Council provide direction to staff to prepare an ordinance which would incorporate any changes they deem necessary.

Councilmember Burke stated he would support the changes, but requested the Building Inspector highlight what “some revisions” are and what is different from the League of Minnesota Cities model.

Attorney Kuntz indicated that the Building Inspector recommended adoption of the League of Cities model and he would have to explain the differences.

Inspector Neameyer pointed out that the League of Minnesota Cities model does not address mechnical, plumbing and demolition permits.

Councilmember Burke asked if changes are proposed to these permits.  The Inspector responded yes and indicated that the recommended fees he has suggested for these permits are slightly higher, but compared to other cities they are in the middle of the high and low range.

Councilmember Conant asked if the City had recently adopted a fee schedule within the last few months.

The Inspector stated not for permit fees.   Mayor Williams advised there were increases to burning permits and septic permits adopted, but not building fees.

Councilmember Conant asked how Council would know these fees are in the middle of the high-low range. Inspector Neameyer referred Council to the packet he distributed which had a comparison.

Councilember Hovey advised that the proposed packet of information is listed on the webpage.

Mayor Williams suggested Council may take action this evening or table the item to next month.

Attorney Kuntz advised that an ordinance could be drafted to show the specific changes in the citation numbering and fee schedule.  

Mayor Williams suggested that the Attorney prepare an ordinance for Council review at the next meeting that is red-lined with changes.  Council concurred and Councilmember Conant asked that comparative data on the fee changes be included with the information.

c.    Discuss Written Complaint Regarding Property at 2554 Delaware: Mayor Williams explained this item was discussed earlier on the agenda.

d.   Discuss Email Regarding Geocachaes at Musser Park: Mayor Williams explained that he received an email regarding geocaching in Musser Park; he noted that the email states the first geocache coordinates are free and then a person must register and pay a membership fee to receive the other coordinates. He stated that he contacted the City Attorney regarding this and he indicated that it may not be appropriate to run commercial operations within a City park. He noted that some persons had attended a meeting requesting to do this activity. He asked if it is possible to draft an ordinance prohibiting geocaching operations in City parks.

Attorney Kuntz responded that the City has the authority to draft an ordinance to prohibit this activity. He noted that he had researched the activity. He noted there were approximately 19 visits to Musser Park and that this information was taken from the website. He read the information to the Council regarding the activity in the park relating to parking and use of trails; he noted the participants are aware of the safety concerns with parking.  He further advised that someone wrote on the blog that “council did not make a decision on the activity when they appeared before Council”. He indicated that if Council wishes to prohibit the activity, they should do something more definitive.

The Attorney stated that he found guidelines for this activity in Dakota County parks and indicated the County sees this as a positive exercise.

Attorney Kuntz noted that Musser Park does not have conservation easement that outlines and prohibits certain activities in the park; he noted that some communities find this activity similar to a nature walk in the park. He stated that if it is the desire of Council to prohibit this activity he could draft an ordinance. He further noted that the current City Code does not outline what activities are allowed or prohibited in City parks. 
Councilmember Conant asked what a geocache is. Forester Nayes explained that they are normally a small container attached to something that contains small items and a log that a person signs stating the date they found it.

Councilmember Conant asked if there have been any complaints.

Jeannine Nayes stated he has concerns because she lives on a dead-end street and prefers that people do not wander onto her property.

Mayor Williams expressed his concern that a City park is being used as a commercial enterprise and indicated that if it is permitted, a business license should be issued.

Councilmember Burke commented that if the item is placed on the agenda, public input could be received. 

Mayor Williams suggested that an ordinance be drafted to prohibit or regulate the activity.

Councilmember Burke asked if a motion is necessary.

Attorney Kuntz suggested drafting an ordinance regulating activity in City parks and incorporating the terms of the Musser Park conservation easement. He further suggested that it may be appropriate to hold the public hearing at the Planning Commission and consider directing the Planning Commission and Planner to outline some of the restrictions to be included in the ordinance for all parks.

Councilmember Hovey asked if any surrounding communities have ordinances relating to geocaching. Attorney Kuntz stated Inver Grove Heights does not address this issue and he is unsure if the other cities do.

Councilmember Hovey stated that it appears the intent is to explore new areas and in the past Sunfish Lake has not wanted to draw this type of attention.

Mayor Williams commented that normally parks have recreational areas, parking areas and can accommodate this type of activity. He indicated that due to the conservation easement in Musser Park, the City does not want this type of activity in the park

Councilmember Conant commented that it appears the City is working hard to address a problem that hardly exists and suggested that it may be wise to contact the organization and ask them to cease operation.

Mayor Williams explained there maybe more than one organization operating and some may not be for profit; he suggested that we simply identify the type of park it is, and that this type of activity in the park should be prohibited.

Councilmember MacManus suggested that it would be a good idea to have a park ordinance since there have been recent discussions regarding parking at Musser Park.

Council concurred to direct the Planner and Planning Commission to work with the City Attorney to draft an ordinance relating to regulating activities in City parks.

Councilmember Burke asked if there should be any action relating to placement on private property.

Mayor Williams indicated they were not placed on private property but on a public road.        

f.   Other: Mayor Williams advised that he has contacted the State Auditor’s Office and has not yet received a response.
The Mayor explained that he is hosting the Dakota County Mayors/Managers meeting next month and requested authorization to spend $100 for refreshments to provide coffee, fruit and rolls for the event.

Councilmember Burke moved to authorize the expenditure of up to $100 for refreshments for the Mayor to host the Dakota County Mayors/Managers meeting, seconded by councilmember Hovey and carried. (5-0)


e.   Report from City Engineer on Condition of Angell Road Culvert: The Engineer stated he reviewed the three culverts on Angell Road on September 9, 2011 with Austrian Engineer Arne Junker and Councilmember Conant.

Engineer Hanson reviewed his report dated September 30, 2011 and displayed photos of the findings.

Councilmember Hovey asked if debris deposit is caused by materials being flushed through or from material around the culvert. The Engineer stated it is sediment being deposited in the culvert.

The Engineer stated it is still the staff recommendation to proceed with the culvert replacement.

Councilmember Hovey commented that a lot of water flows through the culvert and expressed concern that a large water flow would affect the material around the ditch area.

The Engineer explained that the water velocity is slow and the ditches are quite flat, as long as it is left it its current state, it should not wash away the debris. He noted that frost would do the most damage. He pointed out that the culverts are
out-of-round.

Mayor Williams asked if there were any questions.

Councilmember Conant asked how consistent the Engineer’s report is with Engineer Junker’s report.

The Mayor stated that the only difference between the City Engineer’s report and Engineer Junker’s report is how soon the project should be done and the easements needed; he indicated that is not an engineering issue.

Councilmember Conant agreed that Engineer Junker concluded the City Engineer’s report was correct, but he indicated that the collapse of the culvert would be slow and not an emergency situation.

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

9.   ADJOURN: Councilmember Hovey moved for adjournment at 9:40 p.m., seconded by Councilmember Burke and carried.  (5-0)




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