SUNFISH LAKE CITY COUNCIL MEETING – AUGUST 6, 2013
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: Emily Shively
City Engineer: Don Sterna
City Treasurer: Ann Lanoue
Building Inspector: David Neameyer
City Forester: Jim Nayes
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 DeCourcy moved approval of the Agenda, seconded by Councilmember Bulach 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. She requested the following changes to the July 2, 2013 Council meeting minutes:
Page 6: 1) Change the spelling of Dobranz to “Dobrantz” in several paragraphs; 2) Resident Kitzie Nye advised Mayor Park that she did not offer to assist at a meeting the with Dobrantz siblings and the Mayor requested the last sentence in the 4th paragraph from the bottom on page 6 be deleted.
Mayor Park asked if there were any further comments and there was no response.
Councilmember Hovey moved approval of the Consent Agenda with corrections to the July 2, 2013 Council meeting minutes as above-listed, seconded by Councilmember Bulach and carried. (4-0)
a. Regular Council meeting minutes of July 2, 2013.
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/PRESENTATION: Report On R-Nav Proposals From Noise Oversight Committee (NOC), Metropolitan Airport Commission (MAC) And Federal Aviation Administration (FAA) Representatives:
Mayor Park introduced John Nelson from the Metropolitan Airports Commission (MAC), John Bergman from the Noise Oversight Committee (NOC)and Apple Valley Councilmember, Elaine Buckner from the Federal Aviation Administration (FAA) and Michael McDonald, Sunfish Lake’s representative to the Noise Oversight Committee(NOC). She distributed a sheet of several questions that relate to the proposed R-NAV system and its impact on the City of Sunfish Lake and asked the representatives to respond to the questions. She advised that the purpose of this presentation is to share information and explained that there would be an opportunity for questions from the audience once the presentation was finished. She asked that anyone wishing to speak provide their name and address for the record.
John Nelson explained that R-NAV is a term that describes an air navigation system that is similar to a GPS system and that it provides the ability to use on-board navigation to automate airplane heading and routing operations. He noted that the system would provide more concentrated air traffic and discussed the fact that Sunfish Lake may not be as affected by noise from flight arrivals as from departures. He discussed the air traffic operations from the various runways at the airport that are directed over residential and industrial areas. He displayed a map showing the departures from the airport runways and commented that the large aircraft carriers are directed to the runway that poses the highest noise level for Sunfish Lake.
There was discussion relating to the number of departures over the last few months. Mr. Nelson explained that the numbers may vary depending on weather conditions and other factors. He showed a diagram outlining the flights in the Denver airport before and after R-NAV was utilized; he note that the flights were routed into a more concentrated area.
Mayor Park asked what was below the flight routes for the Denver airport and Mr. Nelson responded that it is mostly open space.
Mr. Nelson showed the audience the FAA proposed study analysis for initiating the R-NAV at the Minneapolis airport and the areas affected in the Noise Contour Map that would be eligible for federal funding for noise abatement mitigation. He explained that Sunfish Lake does not fall into the Defined Noise Area under this study.
In response to the discussion questions, Mr. Nelson explained that the air traffic that currently uses runway 12L would be directed to a narrower pathway over the City of Sunfish Lake. He commented that according to recent mapping, approximately 95 flights per day would typically use runway 12L under the proposed R-NAV; however, he explained that the numbers are somewhat hypothetical and are merely estimates. He described the parameters of the departure arc over the City. He showed a map of the areas that would be eligible for noise abatement mitigation and discussed the fact that noise monitoring for a requested modification would occur over a 3-year period to determine if additional properties should be eligible. He discussed how the amendment would proceed through Federal court and indicated that in his opinion it should be approved. He commented that there would be no environmental impact study completed before the R-NAV program is activated since the program has not been found to have an environmental impact. He stated that the FAA would seek to follow the highway corridors for the turn maneuvers to the north and west when possible. He explained that the role of Sunfish Lake on the Noise Oversight Committee is an at-large member and that John Bergman serves as the representative for several cities on the committee. He suggested that Sunfish Lake continue to voice their concerns through Mr. Bergman as the NOC Representative.
In summary Mr. Nelson advised that in November of 2012 the Noise Oversight Commission voted to support implementing R-NAV with an exception to the departures from the northwest. He explained that a modified plan was submitted for the northwest departures and a study was ordered by the FAA. He stated that when the Safety Management Team charged with conducting the study makes their recommendation to the FAA, the process would begin again to initiate the R-NAV system at the Minneapolis airport. He further noted that procedures for arrivals and departments would be distributed to airmen and that he did not anticipate any changes prior to the fall of 2014.
Mayor Park thanked Mr. Nelson for this information and asked if there were any questions from the audience.
Bruce Lick thanked the representatives for attending the meeting. He questioned the use of litigation to confirm the noise contours prior to R-NAV.
Mr. Nelson explained that the noise contour map was confirmed October 19, 2011 and that in his opinion the noise contours would not change under the proposed R-NAV mapping.
Gretchen Keenan discussed the fact that although the noise decimals are under 65 over Sunfish Lake, the number of planes at that noise level is still disturbing.
Mr. Nelson pointed out that the noise could be measured at a residence and commented that in the last hour he has not heard any airplane noise.
Laura Richardson asked the average number of airplanes arriving daily at the airport. Mr. Nelson advised that on the worst day, approximately 5 planes arrive per hour which totals 95 per day.
John Bergman pointed out that the number of arrivals affecting Sunfish Lake would be based on several factors that include wind and weather conditions.
Mrs. Richardson asked if the number of flights would increase. Mr. Nelson explained that many factors affect the flight patterns and that some days would be more and some days less.
Mr. Bergman pointed out that the number of flights would not change, but the field of air traffic would narrow.
Gretchen Keenan stated she conducted flight tracking from the airport website for one week over Windy Hill Court and commented that in her opinion there would be a significant increase in the flights when the R-NAV is instituted.
Ann Barkelew O’Hagen questioned why the flight control system has to change at all.
FAA Representative Elaine Buckner explained that the changes are to modernize and improve the system and that there are many advantages to using the R-NAV system. She advised that safety is the main factor for the change. She pointed out that the R-NAV system reduces human errors because it eliminates conversations that may be misinterpreted between the pilots and the air traffic controllers. She further noted that the R-NAV designated routes also provide better fuel efficiency, which is an environmental gain. She commented that the system is a step forward in modifying and improving air traffic control and that the FAA wishes to bring about the changes through a partnership with all entities.
Mike McDonald, Sunfish Lake’s NOC Representative, asked what residents could do to influence the corridors used for the routing system. He suggested there may be some room for compromise to direct the patterns over less populated areas or areas where the noise would not affect residents. He asked where the residents could have input.
Elaine Buckner explained that the Noise Oversight Committee was formed to receive residents concerns. She pointed out that the FAA must follow separation standards for air traffic and that is the basis for the placement of the corridors. She noted that the system is complicated and if one corridor is moved it would require other adjustments.
Gretchen Keenan questioned why the flights cannot be directed along the I-494 corridor rather than over residential areas. She commented that flights over the City of Mendota Heights are directed over the industrial area and questioned why that cannot occur in Sunfish Lake. She expressed concern that Mr. Bergman is an Apple Valley residents and employee at Delta Airlines and commented that in her opinion he does not represent the City of Sunfish Lake’s concerns as well as a Sunfish Lake resident. She suggested that the NOC seat be rotated throughout the cities it serves.
Mr. Bergman explained that he would not be serving in the position after this term, but he pointed out that when Gretchen Keenan served as the Sunfish Lake representative, she was part of the group of cities that unanimously elected him to serve as their representative and spokes-person. He noted that Mayor Park and the Sunfish Lake representative receive the same packet of information that he receives as the NOC representative and they may express their concerns to him to bring forward at anytime. He commented that he represented six cities and the City of Edina was recently added to the group; he agreed that he would prefer to have all cities have a vocal representative on the NOC. He stated that he believes in the R-NAV system since it narrows the corridor for air traffic and explained that in his opinion everyone is working to find the best solution to the issues.
Miles Shaver asked if the air traffic would be directed to another location or different runway.
Elaine Buckner pointed out that the airplanes are routed to runways based on wind, weather, demands and capacity; she explained that the proposed R-NAV system appears to be the best configuration. She further noted that the FAA does attempt to switch runways to lower noise depending on conditions at the airport.
Mayor Park pointed out that Sunfish Lake has only residential properties versus the Denver airport that is situated over open space. She asked that the representatives consider keeping the contours close to the industrial and highway areas as possible.
Gretchen Keenan pointed out that the former MAC representative, Chad Leqve, indicated that it may be possible to shift the air traffic closer to the I-494 corridor.
John Bergman explained that he attended a Council meeting in Edina in July and a MAC representative, Jeff Hamill, provided a presentation on the R-NAV system. He suggested that the system be delayed until 2015 to allow more dialogue between the communities, MAC, and the FAA. He suggested that residents go to the City of Edina website to review the information supporting the R-NAV system from a person in Denver; he noted they paid for a consultant and that the information is very interesting.
Mayor Park asked if there were any further comments and there was no response.
Mr. Nelson thanked the Council and those present for their input and pointed out that the Mayor has been a very devoted advocate for Sunfish Lake residents. He thanked everyone for the courtesy in presenting their questions and commented that he hopes everyone can work together to address any concerns. He advised that there is a website with information relating to air traffic and noise information: www.macnoise.com. He also provided his telephone number 612-726-8133 and asked that residents to contact him by phone or email with questions or concerns.
Mayor Park thanked all the representatives for their attendance.
Council took a brief recess at 8:15 p.m. and reconvened at 8:25 p.m.
6. PLANNING COMMISSION/PLANNER’S REPORT: a. Consider Major Site & Building Plan and Conditional Use Permit, 8 Roanoke Road, Angela & Rick Brown : Planner Shively explained that the applicants are proposing to construct a new home and garage on an undeveloped property that does not meet the current net lot area standards; she advised that a conditional use permit is required to build a single family home on a legally non-conforming substandard sized lot in addition to approval of the major site and building plans. She explained that the parcel also falls within the Shoreland Overlay District for Horseshoe Lake, although the property is not adjacent to the lake.
The Planner explained that property was platted in 1991, prior to the current requirement of 2.5-acres for single family residential lots. She explained the building area is approximately 1.7-acres in net lot area and this is due to a significant area of steep slopes on the southern portion of the lot. She advised that the application meets R-1 District and Shoreland Overlay District standards pertaining to building setbacks, size, height, material use, drive and parking area design, lighting design, site grading, drainage and stormwater management, landscaping and screening.
Planer Shively stated that the City Engineer provided additional recommendations for the applicant regarding grading, site drainage, stormwater management, septic location and erosion control per his email dated July 24, 2013. She explained that the applicants have agreed to address all the Engineer’s recommendations. She further explained that revised site plans that address some the engineer’s requirements, dated June 28, 2013, were also provided for Council as an addendum to the planning report.
The Planner showed the elevation drawings for the proposed single-family home and explained the home would be 2888 sq. ft., with an attached garage of 884 sq. ft. She stated the home would be built into a slope and would meet the height requirement at 29.85 ft., just under the 30 ft. height requirement. She advised the building materials would be hardy plank siding and stone veneer with architectural shingles for the roof. She stated the proposed building plan meets Comprehensive Plan standards and all building setbacks are met. She noted that the driveway placement takes advantage of the topography. She explained that the primary and secondary septic fields are shown and that the applicant moved the location of the septic drainfield further from the well location per the engineer’s recommendation. She further noted that the applicant proposes a berm on the low spot at the rear of the home to allow additional runoff to be contained on-site. The City Engineer recommends approval of the application with the conditions he requested and as shown in the proposed resolution.
Planner Shively displayed the lighting and landscaping plans and stated that both were reviewed by staff and meet ordinance standards. She explained that the applicants agreed to work with the City Forester to determine appropriate plantings and that the lighting would be reviewed to insure it does not cast light on adjacent properties.
The Planner advised that the application was reviewed and approved by the Planning Commission at their July meeting and that staff also recommends approval of the request with conditions as listed in the proposed resolution.
Mayor Park asked if there were any questions or comments from Council. She commented that in her opinion the home would be beautiful and asked when the applicants plan to start construction.
Angela Brown advised that they wished to begin construction the third week in August.
The Mayor asked if the applicants had a time-frame for installing the plantings. Angela Brown stated they would prefer to install the plantings this fall and that construction of the home is scheduled to take 4 months.
Councilmember Bulach commented that they most likely would have to wait until spring to install the plantings.
Attorney Kuntz agreed that it may not be possible to install the plantings prior to the first snowfall. He pointed out that the applicants may wish to occupy the structure prior to installation of the landscaping. He suggested Council could include a condition which allows for issuance of a Temporary Certificate of Occupancy upon the applicants providing escrow funds in the amount of $5,000 and that they complete the landscaping prior to June 15, 2014,
Councilmember DeCourcy advised that when her home was built she had to replant all her landscaping because the ground had settled between the fall construction and the following spring.
The Planner indicated that Council should also request that temporary erosion control be installed in the areas distributed by construction if the sod or seed cannot be completed before the winter months.
Councilmember Bulach indicated that the applicants could leave the construction erosion controls in place until the spring planting occurs.
Mayor Park asked if there were any further comments or questions and there was no response.
Councilmember Hovey moved to adopt Resolution No. 13-08 titled RESOLUTION APPROVING A MAJOR SITE AND BUILDING PLAN REVIEW FOR A NEW HOME AND GARAGE, AND A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A SINGLE FAMILY HOME ON AN UNDEVELOPED, SUBSTANDARD SIZED LOT, FOR THE PROPERTY LOCATED AT 8 ROANOKE ROAD, LEGALLY DESCRIBED AS LOT 4, BLOCK 1, ZEHNDER ACRES NO. 2, subject to the conditions as listed in the resolution and with two additional conditions; 1) to allow the issuance of a temporary certificate of occupancy upon payment of $5,000 in escrow funds to complete all landscaping, retaining wall and pavement work prior to June 15, 2014; and 2) that temporary erosion control measures shall be in place until the landscaping is installed, seconded by Councilmember DeCourcy and carried. (4-0)
b. Planner’s Report: Planner Shively explained that Michelle Barness was due to deliver her baby today, and that she would assume Michelle’s planning duties during her maternity leave.
The Planner explained that the applicants had submitted a revised site and building plan for the previously approved application at 393 Salem Church Road. She noted the application is for a minor change to the plans and does not require review by the Planning Commission or Council. She explained that adjacent properties owners were notified and had no comments or concerns. Staff granted approval of the revised plan.
Planner Shively advised that the Commission would be reviewing two applications at their August meeting; the properties at 2154 Charlton Road and 21 Salem Lane for Major Site and Building Plan reviews. She explained that property at 2154 Charlton Road is proposing several improvements to an existing home, expansion of an attached garage and a conditional use permit to permit a detached garage as a second accessory structure. She advised that the property at 21 Salem Lane is proposing a 991 sq. ft. addition to the home. She explained that it is anticipated that both applications will meet all performance standards outlined in the city code. She indicated that an application was also received for a minor subdivision for the Park & Flynn properties.
Councilmember Hovey asked if the applicants at 2154 Charlton Road had been approached to provide an easement in conjunction with the application. Planner Shively stated she was unaware of the easement request, but offered to discuss the matter with Planner Barness.
Rick Brown asked how he would obtain information regarding the payment of the $5,000 escrow funds. The Planner explained that a letter would be sent from the planner’s office that outlines the details.
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 Neameyer stated that he issued eight (8) permits in July. He noted that the applicants at 393 Salem Church Road were recently issued a building permit.
Council thanked the Inspector for his report.
b. City Engineer: 2014 Street Reconstruction Project: Engineer Sterna displayed a map showing the properties affected by the proposed reconstruction project. He stated that Council approved contracting with property appraiser Mr. Danich and staff contacted him to provide information the appraisal information. He explained that he would review the information from Mr. Danich with the City Attorney and present it to Council at the September meeting along with the preliminary assessment roll. He suggested that a public meeting be scheduled with affected property owners in September to discuss the proposed improvement and the preliminary assessments. He noted that the project would be financed with assessments and bonding, however, the final established assessment value may not exceed the value that the improvement brings to the property. He commented that the appraisal report would help establish the level of assessments that the city should consider.
Inver Grove Heights Storm Sewer Improvement Cost Participation Update: The Engineer explained there has been no further progress on this matter and that he would remove the $3,500 placed in the 2014 City budget for this project if he does anticipate it will proceed.
Delaware Avenue Safety Concern from March Council Meeting: The Engineer advised that the County completed their report and recommends guardrails be placed in three locations along Delaware Avenue. The first location is near the intersection with Copperfield Drive on both sides of Delaware Avenue, the second location is on the west side of Delaware, just south of Charlton Road where the accident occurred. He referred to an attachment showing the proposed guardrail locations and advised he thanked the County for their quick response.
TH 110 Proposed Access Modification: The Engineer explained that MnDOT is proposing to mille and overlay Highway 110 from Highway 55 to I-494 in 2017. He advised that MnDOT wishes to improvement and/or reduce access locations along Highway 110 as part of the project and is seeking input from Sunfish Lake relating to median access at Charlton Road. He explained that there would be no change to traffic movement, but there may be changes to the island in this area. He advised he has not received any detailed design plans at this time.
Councilmember Hovey asked when the City would be notified that the project would proceed. Engineer Sterna explained the project is scheduled for 2017 and pointed out that there are two other access points near Sunfish Lane that the County may choose to remove or replace with a J-hook configuration.
Mayor Park asked if the city would have input regarding the proposed changes and the engineer responded yes.
There was discussion relating to the proposed changes along Highway 110 and how they would affect residents of the City. Councilmember Hovey commented that the median crossings assist persons wishing to go west on Highway 110 rather than having to access at the frontage road light.
Engineer Sterna offered to bring contact MnDOT with concerns expressed by Council and advised that the City wishes to see detailed plans of the proposed changes and retain the ability to provide input on the project.
Councilmember DeCourcy commented she would like to have a walking bridge installed over Highway 110. The Engineer explained that would be an expensive project and that there would have to be an elaborate ramp and wall installed to direct foot traffic over the bridge.
Public Works Activities Undertaken in July: 2013 Seal Coat Project: Engineer Sterna stated the crack sealing work was completed in June and the seal coating was delayed due to poor weather. The contract has rescheduled the work for the middle to end of August.
2014 Draft Engineering and Public Works Budget: The Engineer explained this item was discussed earlier at the Study meeting.
Roadway Striping Quotes: Engineer Sterna advised that the quotes he received were much higher than anticipated and he would bring the results to Council in September. He advised that he wishes to explore other options relating to this project.
Anticipated Engineering Activities for the Month of August: Finalizing the 2014-2018 Capital Improvement Plan (CIP): Engineer Stern explained that this item is listed later on the agenda for adoption, however, he suggested formal approval be delayed until the September meeting. He asked if the document must be formally adopted and the City Attorney responded yes.
Council thanked the Engineer for his report.
c. CITY FORESTER: Forester Nayes stated he issued two (2) burning permits in July. He advised that the reforestation service project at Harmon Park was completed by 30 Boy Scouts led by Graham Smith, and also other family member of the scouts who participated. He advised that brush was cleared and 32 trees were planted. He suggested that Graham Smith be invited to an upcoming meeting so that Council may thank him for his efforts.
The Forester stated that Musser and Harmon Park trails were moved and also around spruce trees on the east side of Salem Church Road. He further advised that pruning and chipping of storm damages branches piled along City streets was completed.
Council thanked the Forester for his report.
d. PUBLIC SAFETY: Mayor Park explained that Chief Shaver was attended the Night to Unite activities and that he had sent his report via email for distribution to Council.
City Clerk Iago noted that the false alarms had doubled from last year at this time and she suggested that an article be placed in the City newsletter and on the website to encourage residents to reduce the number of false alarms.
8. NEW/OTHER BUSINESS: a. Consider Approval of 2014-2018 Capital Improvement Plan: Mayor Park explained that Engineer Sterna requested this item be discussed at the September meeting.
b. Other Business: Mayor Park advised that she and Councilmember Bulach had met with Gladys Dobrantz to discuss removal of the hazardous building on her property in Sunfish Lake. She advised that the meeting went well and that Ms. Dobrantz was willing to work with the City to voluntarily remove the building.
The Mayor also explained that she had a gift for Planner Barness to celebrate her new baby and asked Planner Shively to present the gift on behalf of Council and staff.
Councilmember DeCourcy left the room.
The Mayor asked if there was any further business and there was no response.
9. ADJOURN: Councilmember Hovey moved for adjournment at 8:30 p.m., seconded by Councilmember Bulach and carried. (3-0)
___________________________ ___________________________
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.