- DRAFT -
SUNFISH LAKE CITY COUNCIL MEETING – APRIL 1, 2014
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Molly Park
Councilmembers: Mike Hovey, Cathy DeCourcy, and Steven Bulach.
City Attorney: Tim Kuntz
City Planner: Michelle Barness
City Engineer: Don Sterna and Jennifer Hildebrand
City Treasurer: Ann Lanoue
City Forester: Jim Nayes
Building Inspector: David Neameyer
Lieutenant Brian Sturgeon
City Clerk: Cathy Iago
and Members of the General Public.
Councilmember JoAnne Wahlstrom was absent.
1. CALL TO ORDER: Mayor 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 Bulach moved approval of the Agenda, seconded by Councilmember Hovey 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.
Attorney Kuntz explained that he was contacted by Mr. Bancroft who requested changes to the March 4 Council meeting minutes. He stated the changes were to clarify the discussion relating to the number of parcels owned by Mr. Bancroft and the assessment process. He recommended Council adopt the minutes with the amendments as outlined in the corrected version he distributed.
Mayor Park also requested a change on page 6 of the minutes, paragraph 4; she asked that the word “rural” be changed to “road” in the first sentence that the word “serve” be changed to “reserve” in the second sentence. She further requested that on page 7, paragraph 2, the spelling of resident Makens name be corrected.
Councilmember Hovey asked the Treasurer to explain why the Excel energy bill was not balanced.
Treasurer Lanoue advised that there was a rate decrease and that the City may have overpaid the bill; she noted that there is an overlap in the billing cycle and that the bill should be corrected in the future.
Mayor Park asked if there were any further comments and there was no response.
Councilmember DeCourcy moved approval of the Consent Agenda with changes to the March 4, 2014 minutes as presented by the City Attorney and requested by the Mayor,, seconded by Councilmember Hovey and carried. (4-0)
a. Regular Council meeting minutes of March 4, 2014.
b. List of Bills
c. Monthly Financials
4. COMMENTS FROM THE PUBLIC: Mayor Park asked if there were any comments from the public and there was no response.
5. PUBLIC HEARING: a. Review the City’s Storm Water Pollution Prevention Program Plan (SWPPP) and the National Pollution Discharge Elimination System (NPDES) MS4 Permit Program: Mayor Park opened the public hearing for the purpose of reviewing the City’s Storm Water Pollution Prevention Program Plan (SWPPP) and the National Pollution Discharge Elimination System (NPDES) permit program discussion.
Engineer Sterna explained that as part of the permitting process the City must conduct a meeting annually to receive input from residents. He introduced his staff member Jennifer Hildebrand who would be reviewing the information and receiving public comments.
Environmental Specialist Jennifer Hildebrand distributed information relating to the Phase II National Pollutant Discharge Elimination System (NPDES) Permit. She explained that the City must report on the previous years activities by June 30th every year and that City is required to conduct an annual public hearing; the purpose of the hearing is to educate the public on what can be done to improve water quality, to ensure that the permit requirements have been met, and to receive public input. She advised that the City is also required to update their current Best Management Practices (BMP’s) and she reviewed the six minimum control measures undertaken annually; 1) public education and outreach, 2) public participation and involvement, 3) illicit discharge detection and elimination, 4) construction site storm water runoff control, 5) post-construction storm water management, and 6) pollution prevention and good housekeeping for municipal operations.
Ms. Hildebrand explained that a new MS4 application for reauthorization was issued in August, 2013 and Sunfish Lake submitted their ReAuthorization Application to the Minnesota Pollution Control Agency (MPCA) in December, 2013. She explained that the MPCA evaluated the permit and it was then distributed for public input on April 1, 2014. She stated that there is a time frame of 30 days for statewide public comments, however; this period is continuous and citizen comments are encouraged throughout the year. She advised that the City fulfilled the permit requirements for 2013 by completing plan reviews, posting information to residents on the City website and via the four (4) issues of the City newsletter. She noted that the articles included information relating to recycling and encouraging installation of rain gardens. She advised that the City completed mapping of all pipes within the City including 24-inch to 12-inches in diameter. She reported that the City completed street sweeping, updated septic pumping record, participated in the Citizen Associated Monitoring (CAMP) Program for monitoring lake water quality and establishment of the Watershed Restoration and Projection (WRAP) project by the Lower Mississippi River Watershed Management Organization (LMRWMO).
Ms. Hildebrand explained that the WRAP project survey was initiated last fall by the LMRWMO and Sunfish Lake was identified as impaired. She noted that modeling and reviewing sediments in Sunfish Lake was undertaken and it was determined that primary phosphorous source is internal load from lake bottom sediments and improvements would need to focus on reducing the release of phosphorus from the sediments. She advised that the group identified possible methods to improve water quality with in-lake alum treatment or copper sulfate; however, no formal recommendation was made at this time.
Ms. Hildebrand advised the 2014 MS4 Permit objectives are to expand public outreach and storm water related programming, conduct the Arbor Day clean-up, update the Storm Water Pollution Prevention Program (SWPPP) and review grant opportunities. She noted that updates to the City ordinances as relate to development and redevelopment infiltration standards should also be considered. She explained that staff would suggest reviewing standard operating procedures and development procedures and prepare documentation to amend the current ordinances. Further, the City will need to finalize a complimentary standardized enforcement response procedure to compliment these ordinance and operating procedure updates.
Ms. Hildebrand stated that the City has been reviewing water quality information for the past 10 years and therefore could make a determination to conduct inspections every two to three years instead of annually. She explained that the City would continue to implement specific best management practices of the SWPPP until the effective date of the MS4 permit. She referred to the internet links listed on page 9 of the information she distributed to Council and explained that citizens could continue to post comments or find information relating to the permit through these sites. She offered to respond to questions.
Mayor Park questioned why the other two lakes in the City were not being reviewed. Ms. Hildebrand advised that the two remaining lakes were reviewed; however, since they are not impaired, they are not being actively monitored to the same level as the impaired water bodies within the watershed area.
Councilmember DeCourcy questioned what the most common source of phosphorus is. Ms. Hildebrand explained that in agricultural land areas it is chemicals and in city areas it is often over application of fertilizers attached to sediment loading.
Attorney Kuntz asked if the ponds owned by MnDOT are monitored by MnDOT and if so, could a citizen obtain this information.
Ms. Hildebrand replied that MnDOT is an MS4 and they are required to monitor the storm sewer within their road right-of-way. She explained that MnDOT is reported by regions and the Metro Region should contain this data. She advised that if a citizen was unable to locate the information, staff could request it from MnDOT.
Mayor Park asked if there were any comments from the public and there was no response. The Mayor closed the public hearing at 7:26 p.m. and thanked Jennifer Hildebrand for her presentation.
6. PLANNING COMMISSION/PLANNER’S REPORT: a. Planning Report: Planner Barness referred Council to her report dated March 26, 2014. She stated that the March and April Commission meetings were cancelled due to lack of applications for review.
The Planner reviewed the following inquiries as listed in her report:
1 Grieve Glen Lane: A builder inquired as to ordinance requirement for a new detached garage and building alterations for the home at this address. The property owners wish to expand vehicle and equipment storage options with construction of a detached garage and make improvement to the entry area of their home and a roof on the back porch. Planning staff reviewed the application requirements which include a major site and building plan review and two conditional use permits for a second accessory structure and an accessory structure exceeding maximum accessory height within the Shoreland Overlay District.
Shoreland Subdivision: Staff was contacted by a real estate agent with questions regarding shoreland subdivisions. In discussions with the City Attorney and the agent, staff addressed issue including minimum lot area and width requirements for subdivided lots, accessory buildings near the water, dock construction, and the use of easements for shoreline access in cases where a subdivided lot does not have shoreline frontage but would like use of the water. No application for subdivision is anticipated at this time, but may be submitted in the future.
2566 Delaware Ave: The owners of this property wish to demolish the existing home and construct a new home in approximately the same location. The site is unique in that it is positioned between Hornbeam Lake and Wood Duck Pond, both protected water bodies. Planning staff discussed wetland setback regulations with the Engineer and provided project representatives with information regarding lot area, lot setback and wetland buffer requirements. She pointed out that the property owner most likely will build on the same footprint and therefore the setback should not create a problem. In addition, application submission materials were shared and the review process discussed. A major site and building plan application is anticipated for submission within the next few application deadlines.
240 Salem Church Road: An architect provided planning and engineering staff a preliminary concept plan for a new home and accessory structures on the undeveloped site at this location. Planning staff had previously met with the architect to discuss the site, basic ordinance requirements, and the application submittal process. The subject property has a significant amount of topographic change and very limited buildable area, approximately 2.5 buildable acres out of 10. The preliminary layout plan shows that the home will be generally located on a flatter area of the site, though some work would be preformed in the area with steep slopes, which will need to meet the approval of the City Engineer.
The proposed accessory structures include an attached garage, an in-ground pool and a tennis court, along with the principal structure. Planning staff corresponded with the architect regarding the need for a conditional use permit for a second accessory structure and on several issues cropping up relating to this first look at the applicants design intentions. Additional information pertaining to accessory structure design and location, lot coverage by hard surfacing, vegetation removal and protection and grading and drainage were provided for consideration. An application is expected in April.
Councilmember DeCourcy asked if the building site on 240 Salem Church Road was at the end of the gated road and Councilmember Bulach responded yes.
Councilmember DeCourcy questioned if the site at 1 Grieve Glen Lane would contain storage for commercial equipment.
The Planner stated she was unsure at this time but would find out when the application is submitted.
Mayor Park asked the Planner to explain the difference between a variance and a conditional use permit.
Planner Barness explained that a conditional use permit is an allowed use but the City Code outlines specific criteria so that the proposal does not negatively impact the surrounding properties. She noted that a variance requires the property owner to provide a hardship or unique circumstance that would prohibit reasonable use of the property if the variance was not allowed.
Inspector Niemeyer asked if both CUP and Variance approvals were permanently attached to the land and the City Attorney responded yes.
The Mayor asked if there were any further questions and there was no response.
Council thanked the Planner for her report.
7. STAFF REPORTS: a. Building Inspector: Building Inspector David Niemeyer stated that he issued six (6) permits and closed four (4) permits in March.
Council thanked the Inspector for his report.
b. City Engineer: 2014 Street Reconstruction Project: Engineer Sterna explained that the project had been advertised and the bids would be opened on April 16 at 2:00 p.m. in his offices. Once the bids are received, they will be tabulated and the results forwarded to Council for consideration at the May 6 meeting.
Councilmember Bulach asked if the bids were advertised at this time and the Engineer responded yes.
SWPPP Public Hearing: The Engineer thanked Jennifer Hildebrand for her presentation.
Spring Load Limit Posting: Engineer Sterna stated he asked the City Forester to post the springtime load limits on the city streets effective March 24. He advised that he anticipates the limits will remain in place through the entire month of April and in to early May before they are lifted. He noted that he usually follows the guidelines set by MnDOT for removal of the load limits. He noted that all of the streets are posted at a 5-ton limit, with the exception of Charlton Road which is posted at 4-tons. He stated that permits are available for heavy loads during this time period and that residents should contact him to obtain a permit.
MCES 2014 CAMP Program: The Engineer thanked the City Forester and the Mayor for assisting with recruiting volunteers for this program. He reviewed the list of CAMP volunteers for the 2014 lake monitoring that were sent to the MPCA: Jim Stowell for Sunfish Lake, Scott Spaeth for Hornbeam Lake and Him Nayes for Horseshoe Lake. He stated he appreciates the assistance of these volunteers to help with the monitoring program. He advised that he sent the information to Brian Johnson at the Met Council and training information would be sent to the volunteers from Mr. Johnson.
Street Sweeping: Engineer Sterna advised that he requested up to three (3) quotes for the annual spring street sweeping and he distributed information to Council that he received to late to include with the agenda materials. He stated that three quotes were received and last year’s contract was awarded to Mike McPhillips in the amount of $1,050. He explained that he recommends staying with McPhillips although the quote from Curb to Curb was slightly lower, it contained a few items that were an additional cost to the City. He asked that Council take formal action to accept the quote from McPhillips, Inc. in the amount of $1,350.00 for the 2014 Street Sweeping.
Councilmember Bulach moved to accept the quote from McPhillips, Inc. in the amount of $1,350.00 for the 2014 Street Sweeping project, seconded by Councilmember DeCourcy.
In discussion, Councilmember Hovey asked if the sand is removed and if it is considered hazardous waste.
Engineer Sterna explained that the contractor must haul the sand away and that it is usually taken to a low grade hazardous waste landfill.
Mayor Park recalled that a contractor recently dumped some type of material on Charlton Road.
The Engineer explained that earlier this winter a private contractor dumped excess water from construction of a garage onto the roadway; he advised that he contacted this person and requested they place sand in this area for traffic safety purposes. He noted that no hazardous materials were dumped, only water.
The Mayor asked if there were any further questions and hearing none, called for a vote.
Motion carried. (4-0)
Pieper Road Turn Back from MnDOT: The Engineer advised that MnDOT is requesting a formal letter from the City to proceed with the release of excess right-of-way on Pieper Road. He explained that Inver Grove Heights was also contacted since this is a border road between the two cities. He stated that once the letter to proceed is received by MnDOT, they would begin to prepare the necessary documents and/or agreements for the City Council to formally approve at a future meeting.
The Mayor asked who would be responsible for maintenance of the road. The Engineer responded that MnDOT owns the bridge and would bear responsibility for its maintenance and the two cities would share responsibility for plowing the roadway.
Mayor Park asked if any of the land is privately owned or if it is only excess road right-of-way.
Engineer Sterna stated all the land for turn-back is excess road right-of-way and not privately owned. He requested Council formally authorize him to send a letter to MnDOT requesting they proceed with the release of excess right-of-way on Pieper Road.
Councilmember Hovey moved to authorize the City Engineer to send a letter to MnDOT requesting they proceed with the release of excess right-of-way on Pieper Road, seconded by Councilmember Bulach and carried. (4-0)
Snowplowing Activity for March: Engineer Sterna stated that the cost for snow removal in February was $4,663.50 and that he did not receive any complaints from residents during the month. He advised that the cost to date for snowplowing is $16,962.50 of the $30,000 budgeted amount. He explained that based on the snow fall amounts in March, he anticipates the City will be under the estimated budget for this winter’s snow and ice removal.
The Engineer commented that he would recommend staff review the policy on snow plowing damage to mailboxes within the City. He noted that there was only one major incident this year and that the City averages one or two occurrences annually. He suggested that he would review policies for repair and/or replacement of damaged mailboxes from other similar cities and prepare information for Council review for next year’s season.
Public Works Activities Undertaken in the Month of March: None.
Anticipated Engineer/Public Works Activities’ for the Month of April:
A. Street Sweeping: The Engineer stated he anticipates the streets will be swept near the end of April.
B. 2014 Street Improvement Project: The Engineer advised the bid opening would be on April 16 at 2:00 p.m. at his office.
Mayor Park advised that the stop sign at Angell Road and Sunnyside Lane still needs repair; she noted that there is still snow surrounding the sign at this time. The Engineer stated he would repair the sign as soon as the weather permits.
The Mayor asked what happens to the excess funds from the snow plowing budget and if the funds could be used for the “road reserve fund”. Treasurer Lanoue explained the money remains in the fund and that it could be used for a reserve fund if Council wishes to do so.
Council thanked the Engineer for his report.
c. CITY FORESTER: Forester Nayes stated no burning permits were issued since his last report. He advised that he installed the load limit signs on Friday, March 21. He reviewed the positive items listed in his report dated March 28, 2014 which included the fact that the cold weather may have killed a large portion of the EAB larva in infested trees; the slow melting means less flooding, better soil moisture and improved lake water level; and that there were no tornadoes this March.
The Forester explained that per Council request he reviewed the evergreen trees along Highway 100 and north of Angell Road and Harmon Park and found they are primarily on private property with some smaller spruces on the Highway 110 ROW. He noted that most of the older trees are Colorado blue spruce and are exhibiting typical lower branch dieback caused by diseases. He explained that the mature spruce trees in this area are most likely 20-40 years old and he does not recommend replanting this species due to the Rhizosphera Needle cast disease. He indicated there are also some white pines that are doing well in the area; however, they too are losing their bottom branches as they normally do in woodland settings.
Forester Nayes explained that planting enough new evergreen trees to provide good screening for light and sound from the Highway 110 corridor would likely take 100 or more trees planted on private property and would require 15-20 years of growth. He also pointed out that if the trees were placed on the ROW, they would be lower and take longer to reach buffer height.
Councilmember Hovey asked if planting on Sunfish Lane near the Russ Wahl Wetland would provide any buffer.
The Forester stated he had not reviewed that area but would do so if Council requested. He commented that the trees tend to keep the wetland area quieter.
Mayor Park thanked the Forester for his assistance in obtaining volunteers for the CAMP program.
Council thanked the Forester for his report.
d. PUBLIC SAFETY: Lieutenant Sturgeon reviewed the public safety report dated March 25, 2014 and advised that there were no false alarm calls during this service period. He advised that the suspicious persons calls were due to unfamiliar vehicles in the area; he noted that one was a resident of Sunfish Lake and the other was a visitor.
Council thanked the Lieutenant for his report.
8. NEW/OTHER BUSINESS: a. Consider Resolution Approving Agreement with St. Anne’s Church Relating to Election Assistance for Individuals with Disabilities (EAID) Grant Funds from the State of Minnesota Office of the Secretary of State: Mayor Park asked the City Attorney to summarize the agreement he prepared.
Attorney Kuntz stated that Council approved the grant contract with the State of Minnesota at their last meeting to provide handicapped accessibility to the Church, which is the one polling location in the City. He advised that St. Anne’s Church had agreed to pay the $831.58 gap between the grant amount awarded and the estimated cost for the work to be done at the church. He stated that once Council approves the agreement, the City Clerk plans to meet with the Church and the contractor for the project to outline the project and prepare an agreement with the contractor to insure the work is done correctly prior to submitting the reimbursement documents to the State. He noted that the City Treasurer advised the City has sufficient funds to pay the contractor upon completion of the work and that the City would then be reimbursed by the State.
Mayor Park asked if there were any issues for the City and if the church would be responsible for maintaining the door openers once they are installed. Attorney Kuntz advised that he did not foresee any issues and that the church would be responsible for future maintenance since they are the owners. He explained that the Clerk has been in contact with the church and contractor representatives and that she would conduct a meeting to finalize the plans prior to the start of the project. He indicated that an agreement with the contractor would most likely be presented to Council at the next meeting so that the work could begin in early summer.
Inspector Niemeyer stated that contractor would have to obtain a building permit for the project and that he could not defer that cost, but would consider waiving the plan review fees.
Clerk Iago commented that she would discuss delaying payment to the contractor and determine if they would be willing to accept payment from the church for a portion of the project and wait until the grant monies are received by the City prior to final payment. She indicated that she was unsure if they would agree to these terms and she reiterated that the City has the funds to pay the contractor prior to receiving the grant monies.
The Mayor asked if there were any further questions and there was no response.
Councilmember DeCourcy moved to adopt Resolution No. 14-14 titled RESOLUTION APPROVING AN AGREEMENT WITH ST. ANNE’S EPISCOPAL CHURCH FOR FUNDING RELATING TO THE INSTALLATION OF AUTOMATIC DOOR OPENERS AT ST. ANNE’S CHURCH, seconded by Councilmember Hovey and carried. (4-0)
Mayor Park recalled that Councilmember Wahlstrom asked that lighting be installed at the entrance to the church for safety purposes. Clerk Iago explained that the church plans to make other improvements in conjunction with the automatic door openers and stated she would remind the church about the lighting.
b. Consider Scheduling a Special Meeting with Senator Metzen and Representative Aitkins to Discuss Issues Relating to the City of Sunfish Lake: Mayor Park advised that she contacted both legislatorsregarding conducting a special meeting in the evening to discuss issues important to Sunfish Lake; she was advised that they would prefer to wait until after the bonding session has concluded. She asked that Council grant her permission to schedule this meeting in late May, rather than bring dates back to Council for discussion.
Attorney Kuntz explained that the Mayor has the authority to call for a special meeting with proper notification if Council grants her the authority to do so. He noted that when a date has been confirmed, the Clerk would prepare and post proper notification of the meeting for the public.
Mayor Park stated some of the items she wished to discuss with the legislators are an overview of the legislative session, storm water issues, airport noise and maintaining the Noise Oversight Committee. She pointed out that it was not mandatory for Council to attend this meeting.
Council concurred to authorize the Mayor to schedule a special meeting with the legislators.
c. Discussion and Report on Noise Oversight Committee (NOC) per Councilmember DeCourcy: Mayor Park explained that she was unable to attend a recent NOC meeting and she asked Councilmember DeCourcy to attend in her absence. She advised that the FAA recently concluded that it would not be safe to utilize the R-NAV system for departures at the airport and therefore, initialization of the system would be delayed for awhile. She stated that the Noise Oversight Committee (NOC) is comprised of representatives from several Dakota County cities, persons from the airline industry and citizen representatives. She pointed out that when the FAA returns with a plan for initiating the R-NAV system for departures, the NOC would ask them to follow through on several items that are listed in the resolution adopted by the NOC on March 6, 2014 and was sent to Council by the City Clerk with the agenda packet. She noted that the MAC Chair sent a letter and the resolution to the FAA so that they are aware of the NOC’s requests prior to future initiation of the R-NAV system at the aiport. She described the points outlined in the resolution and referred to Item 4 on the last page that relates to community outreach prior to implementation of the plans. She noted that the FAA would have to talk to Sunfish Lake and other cities represented by the NOC to address their individual concerns relating to the plan and noise fatigue.
Councilmember DeCourcy explained that she arrived at the meeting just in time to vote to join with the other NOC cities to present the resolution document to the Metropolitan Airports Commission (MAC) Board and the resolution was unanimously approved and sent to the FAA.
Mayor Park pointed out that the City of Minneapolis had approached the legislators and unsuccessfully attempted to disband the NOC. She further explained that the City of Edina had requested noise monitors be placed only in their city and this request was also denied. She noted that temporary noise monitors would be placed in Edina and possibly other cities near the airport. She advised that she had discussions with Chad Levque from MAC and he explained that it might be possible for Sunfish Lake to obtain one of the temporary noise monitors. She commented that the readings may not be as accurate further away from the airport due to other noise factors such as traffic. She stated she would keep Council updated as necessary on this matter.
Councilmember Hovey asked if other cities may obtain a seat on the NOC so that they are represented for individual issues. Mayor Park stated that there has been discussion regarding this issue, but no action taken.
d. Other Business: The Mayor asked if there was any further business. Clerk Iago reminded Council that the May meeting would not start until 8:00 p.m. due to the School District Election.
Mayor Park invited Council to attend the Metro Cities Meeting on April 24 at the University Club. She asked if there was any further business and there was no response.
9. ADJOURN: Councilmember DcCourcy moved for adjournment at 8:00 p.m., seconded by Councilmember Hovey 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.