SUNFISH LAKE CITY COUNCIL MEETING – AUGUST 7, 2018

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

Attendants:

Mayor: Dan O’Leary

Councilmembers: Mike Hovey and Steven Bulach

City Attorney: Tim Kuntz

City Planner: Ryan Grittman

City Engineer: Jeff Sandberg

City Treasurer: Ann Lanoue

Building Inspector: Mike Andrejka
City Forester: Jim Nayes
City Clerk: Cathy Iago

and Members of the General Public.

Councilmember JoAnne Wahlstrom and Police Chief Manila Shaver were absent.

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

a. Oath of Office: Clerk Iago administered the Oath of Office to Mayor Dan O’Leary.

b. Moment of Silence for Roger Conant: Mayor O’Leary offered sincere condolences to the family of former Councilmember Roger Conant on behalf of the Council, staff and residents. He read a brief biography of Roger’s life and stated that the City was grateful for his service as an elected official and a former resident.

c. Moment of Silence and Tribute for Dick Bancroft: Mayor O’Leary offered sincere condolences to the family of former Councilmember Dick Bancroft on behalf of the Council, staff and residents. He read a brief biography of Dick’s life and stated that the City owed a huge debt of gratitude for his efforts to preserve the aesthetics and way of life in the City. He noted that Dick was instrumental In moving the interstate further south and preventing a bridge on Salem Church Road so that the City was not negatively impacted by progress. He also advised that Dick and John Roe removed diseased Dutch Elm trees from the City and purchased 500 trees to be planted on City property as replacements.

The Mayor stated that he City was fortunate to have both Roger Conant and Dick Bancroft reside within the City and serve as elected officials. He asked for a moment of silence from those present.

d . Recognition of Dick Williams’s service to the Community and Appreciation of his years as Mayor: Mayor O’Leary stated that the Council, staff and residents wished to recognize former Councilmember and Mayor Richard Williams and present him with a Certificate of Appreciation for his service to the City. He explained that the former Mayor had been extremely involved with the Lower Mississippi River Watershed Management Organization to preserve the water quality within the City and also involved with neighboring cities and citizen groups to insure that traffic issues related to the new Viking Training Center do not have an adverse impact on Sunfish Lake. On behalf of Council, staff and residents, he presented his sincere appreciation and presented Dick Williams with the Certificate of Appreciation.

Mr. Williams thanked Council, staff and those present and stated he would truly miss being part of the Council and the community.

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

Treasurer Lanoue asked to add an item under New/Other Business relating to Tort Liability Limits.

Mayor O’Leary asked to add an item relating to dumping and vandalism on Upper 55^th Street near the Keenan property. He also explained that Councilmember Wahlstrom asked to discuss her concerns regarding a possible daycare operating at 115 Salem Church Road, however, he would delay that item until she is present.

The Mayor asked if there were any other additions to the agenda and there was no response.

Councilmember Bulach moved to adopt the agenda as amended, seconded by Councilmember Hovey and carried. (3-0)

3. CONSENT AGENDA: Mayor O’Leary asked if there were any questions or comments relating to any items on the Consent Agenda and there was no response.

Councilmember Hovey moved approval of the Consent Agenda as presented, seconded by Councilmember Bulach and carried. (3-0)

a. Regular Council Meeting Minutes of July 10, 2018

b. List of Bills

c. Monthly Financials

4. COMMENTS FROM THE PUBLIC: The Mayor asked if there were any comments from the public and there was no response.

5. PUBLIC HEARING/PRESENTATIONS: None.

6. PLANNING COMMISSION/PLANNER’S REPORT: a. Consider Major Site and Building Plan Review, 245 Salem Church Road: Planner Grittman stated the Mayor Site and Building Plan application for property at 245 Salem Church Road was to construct a new home on the vacant lot. He advised that the Planning Commission reviewed the request at their July meeting and unanimously recommended approval with certain conditions.

The Planner stated the application meets all setback and zoning code requirements. He explained the home meets the following requirements:

- 28 ft. in height, the maximum requirement is 30 ft.

- One accessory structure proposed; a swimming pool

- Lighting plan submitted; condition included that the lighting be directed down and not exceed 1 candle foot,
which would be reviewed after installation

Planner Grittman stated he received an email from Robert Brackey, 273 Salem Church Road, prior to the Planning Commission meeting that listed several questions and concerns. He explained that Mr. Brackey did not attend the meeting, however, he called Mr. Brackey to address his concerns and respond to his questions. He advised Mr. Brackey that the application meets all zoning code requirements.

Mayor O’Leary questioned if additional plantings would be required to screen headlights onto Mr. Brackey’s property as mentioned in his email.

The Planner explained that the landscape plan was reviewed and approved by the City Forester and no additional plantings were required.

Sheri Wilsey, 245 Salem Church Road, pointed out that Mr. Brackey had cut down numerous trees on his property that would have provided screening.

Councilmember Bulach agreed that the trees removed from Mr. Brackey’s property would have provided screening.

Sheri Wilsey stated they would plant trees as shown on the landscape plan and questioned if Mr. Brackey would be required to replace the trees he cut down.

Mayor O’Leary explained that the City would review the tree removal issue on the Brackey property. He asked if there were any further questions or comments and there was no response.

Councilmember Bulach moved to adopt Resolution No. 18-24 titled, RESOLUTION APPROVING THE MAJOR SITE AND BUILDING PLAN REVIEW FOR PROPERTY LOCATED AT 245 SALEM CHURCH ROAD, SUNFISH LAKE, DAKOTA COUNTY, MINNESOTA, based on the findings of fact and subject to the conditions as listed, seconded by Councilmember Hovey and carried. (3-0)

b. Consider Minor Site and Building Plan Review and Variance, 2570 Delaware Avenue: Planner Grittman explained that the applicants had recently received Council approval for an application for this property to construct a home addition. He explained that the applicants have made one change to the originally approved plan and wished to add one bedroom to the project. He advised that this is a separate application and the bedroom addition requires a variance from the shoreland setback of 200 ft. and the side yard setback of 50 ft. He stated that the bedroom addition would be placed on the property adjacent to the lake. He noted the addition does not add any additional impervious surface, therefore, the City Engineer had no additional conditions for the request. He further noted that the Septic Inspector had no concerns related to an additional bedroom on the site.

The Planner stated that the Planning Commission unanimously recommended approval of the variance request based on the findings of fact and subject to conditions. He explained that staff would approve the Minor Site and Building Plan review subject to approval of the variance.

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

Councilmember Hovey moved to adopt Resolution No. 18-25 titled RESOLUTION APPROVING A SHORELAND AND SETBACK VARIANCE, A SIDE YARD SETBACK VARIANCE AND MINOR SITE AND BUILDING PLANS FOR PROPERTY LCOATED AT 2570 DELWARE AVENUE, SUNFISH LAKE, DAKOTA COUNTY, MINNESOTA, based on the findings of fact and subject to conditions as listed, seconded by Councilmember Bulach and carried. (3-0)

c. Planner’s Report: Planner Grittman referred to his report dated August 1, 2018 and stated that the property owner at 2 Sunfish Lane would be submitting an application for a new home that would consist of a tear down of the existing home built in the 1940s. He stated that the August Planning Commission meeting was cancelled and staff anticipates the application for 2 Sunfish Lane would be reviewed by the Planning Commission at their September meeting.

Council thanked the Planner for his report.

7. STAFF REPORTS: Mayor O’Leary suggested that Item 8.g. Discuss Order of Presentation of Staff Reports be discussed at this time. He advised that in his opinion it was unnecessary for some staff members to have to remain at the meeting through public hearings and discussion of planning items in order to present their brief reports. He stated he had discussed changing the procedures with the City Clerk and she recommended that the Building Inspector, City Forester and Police Chief reports could be placed on the Consent Agenda for approval. He noted that if these staff members wished to expand or explain any items in their reports, their report would be removed from the Consent Agenda for further discussion. He also noted that if any of the staff members were needed for discussion of other items on the agenda, they could remain at the meeting, otherwise they could be excused.

Councilmember Hovey asked what would happen if Council had questions relating to the report.

The Mayor stated that Council could ask that the report be removed from the Consent Agenda for further discussion. He commented that these staff members would be still attend meetings, but could leave earlier if they are not needed. He noted that this could be changed back if any problems arise. He asked if there were any further questions and there was no response.

Mayor O’Leary moved to change the agenda format by adding the staff reports of the Building Inspector, City Forester and Police Chief to the Consent Agenda, seconded by Councilmember Hovey and carried. (3-0)

a. BUILDING INSPECTOR: Inspector Andrejka stated that he issued four (4) and closed twelve (12) permits in July.

Council thanked the Inspector for his report.

b. CITY ENGINEER: 1. Engineering Activities Undertaken in July: A. Review and Approve the Final Draft 2019-2023 Capital Improvement Plan (CIP): Engineer Sandberg explained that the 2019-2023 CIP had been reviewed by Council and staff and that the document would be used as a planning and budgeting tool for the next 5-years. He noted that the gold would be approve the CIP at the September meeting.

B. Traffic Study Update – Salem Church Road: The Engineer explained that the traffic counters on Slame Church Road had been vandalized a third time and that staff had asked residents in the area to keep an eye out for any suspicious activity. He noted that the vandalism is adding to the cost of the traffic study and that cost ultimately gets passed to all residents in the City.

2. Building and Site Reviews in July: None.

3. Public Works Activities Undertaken in the Month of July: Engineer Sandberg explained that he as alerted by the Police that a semi (moving truck) attempted to turn around at the intersection of Salem Church Road and Delaware Avenue and that it got stuck. He advised that while attempt to free the semi, an area of the pavement on Salem Church Road received some damage that included gouges and scaring of the pavement. He advised that a police report was filed, however, in his opinion the damage should not affect the life of the pavement. He also noted that the City plans to be improving that section of the road in a few years. He stated that there is an option to pursue repair/patching of the pavement with the insurance company of the vehicle and that he would seek Council direction to do so if necessary. He distributed photos of the damage to the road.

Councilmember Hovey asked if there would be an issue with snow and ice.

Engineer Sandberg responded that there should not be an issue and that there are other scars and cracks in the road.

Mayor O’Leary suggested that no final decision be made at this time until staff reviews the area and receives further information from the insurance company.

4. Anticipated Engineering and Public Works Activities for August: The Engineer stated he expects the repair/patching of Grieve Glen Lane to start in late August.

Councilmember Bulach asked that the Engineer include a reminder in the letter sent to residents on the road that there are major repairs to the road scheduled in a few years and that this is a temporary fix.

Councilmember Hovey noted that there are potholes along Charlton Road and it should be graded.

Engineer Sandberg advised that the outlet for Sunfish Lake is also plugged again and that he would have it cleaned out.

Councilmember Bulach asked for an update on the easement acquisition for Charlton Road.

Engineer Sandberg explained that staff has been working with the Norton family on the plans for repairing the wetland on their property in exchange for the easement and that they were told they have until September 1 to make a decision.

Council thanked the Engineer for his report.

c. CITY FORESTER: Forester Nayes stated that he attended the “Welcome to Sunfish Lake” Committee meeting on July 24 and the committee decided that because of summer scheduling conflicts, the next meeting would be held in October. He explained that he met with various residents regarding possible tree removal on their property, how to save ash trees from emerald ash borer and the difference between a recreational fire and a fire that requires a burning permit. He noted that one (1) burning permit was issued in July.

The Forester stated that various junk and miscellaneous car parts and tires are being dumped along Upper 55^th Street and that he picked them up and disposed of these items. He suggested that the City consider purchasing signage and/or video surveillance cameras to place in the area to deter trash dumpers.

Forester Nayes reported that resident Fran Lamey was being treated for Lyme disease and that he also heard of other cases within in the City. He suggested residents check often for ticks, wear appropriate clothing when outside near long grasses and use an insecticide that can be sprayed on clothing to kill the ticks.

The Forester displayed photos of trees that had been infected with Emerald Ash Borer.

Council thanked the Forester for his report.

d. PUBLIC SAFETY: Mayor O’Leary explained that Chief Shaver was attending the “Night to Unite” activities and accepted the Public Safety report dated July 31, 2018.

8. NEW/OTHER BUSINESS: a. Consider Rescinding Resolution No. 18-19 Appointing Ginny Beckett to Fill the Unexpired Term of Councilmember O’Leary and Adopt Resolution Appointing Shari Hansen: Attorney Kuntz referred to his memorandum dated August 1, 2018 explained that Council appointed Ginny Beckett to fill the unexpired term of Councilmember O’Leary at the last meeting. He noted that Ginny Beckett did not accept the appointment and that Council should adopt the resolution rescinding the resolution of appointment.

The Attorney further explained that Mayor O’Leary had contacted Planning Commissioner Shari Hansen who agreed to fill the unexpired term until the November election. He stated that Council should also adopt a resolution appointing Shari Hansen to fill the unexpired term until the election in November.

Mayor O’Leary explained that he contacted Ginny Beckett and she advised that she preferred to remain on the Planning Commission and that he also contacted Shari Hansen who agreed to fill the unexpired term.

Councilmember Hovey moved to adopt the following:

Resolution No. 18-26 titled, RESOLUTION RESCINDING RESOLUTION NO. 18-19 RELATING TO GINNY BECKETT APPOINTMENT; and

Resolution No. 18-27 titled, RESOLUTION APPOINTING PERSON TO FILL COUNCILMEMBER VACANCY by appointing Shari Hansen to fill the unexpired term until the General Election held on November 6, 2018.

Seconded by Councilmember Bulach and carried. (3-0)

b. Consider Resolution Extending the Comcast Franchise Renewal Agreement to March 31, 2019: Clerk Iago referred to the July 18, 2018 memorandum from Jodie Mill, NDC4 Executive Director, with the request from Comcast of St Paul, Inc. for the City to grant an extension of the Franchise agreement to March 31, 2019. She explained that the Cable Commission continues to negotiate with Comcast of St. Paul, Inc. to reach an agreement.

Councilmember Hovey moved to adopt Resolution No. 18-28 titled, RESOLUTION FROM THE CITY OF SUNFISH LAKE MINNESOTA GRANTING COMCAST OF ST. PAUL, INC., A FRANCHISE EXTENSION TO MARCH 31, 2019, seconded by Councilmember Bulach and carried. (3-0)

c. Consider Request from “Sunfish Lake Welcome Committee” to Print Neighborhood Maps at a Cost Not to Exceed $250: Mayor O’Leary explained that the “welcome to Sunfish Lake” committee had requested funds from the City to have maps printed which show different neighborhoods within the City for the purpose of welcoming new residents within those areas. He stated that he contacted the City Engineer to discuss printing this type of map that shows only the name of the volunteer in that area that would be responsible for welcoming new residents and he stated the cost would be approximately $250. He advised that he had met a new residents, Anya Korus who had stated that no one had welcomed her when she moved into the City and that she knows of twelve (12) residents who had recently moved into the City that the committee could have contacted with information.

The Mayor further advised that he was working to update the History of Sunfish Lake and that he also was working on possibly printing an index card for distribution of Frequently Asked Questions (FAQ’s) to residents. He explained that he had discussed the possibility of the City setting up a “Google” telephone number that would be easy to roll forward to staff or Councilmembers during vacations so that residents can receive responses to their questions.

The Mayor asked for Council action only on the $250 expenditure this evening. He asked if there were any questions and there was no response.
Councilmember Bulach moved to authorize the expenditure not to exceed $250 to print maps showing neighborhoods within the City as directed by the “Welcome to Sunfish Lake” committee, seconded by Councilmember Hovey and carried. (3-0)

d. Consider Candidates for Appointment to the Viking Traffic Issue “Interested Citizens” Committee in Conjunction with Mendota Heights and other Interested Communities: Mayor O’Leary explained that former Mayor Williams had met with the neighboring cities and interested citizens in these cities to discuss possible traffic issues related to the Viking’s training facility and how it would impact their communities. He expressed his disappointment that it would possibly be a resident in Sunfish Lake that was vandalizing the traffic counting cables placed on Salem Church Road since this information would be important as is relates to the traffic issue. He noted that the City has a video recording of someone using a flashlight when cutting the cables and he asked that if anyone has information on this person to please contact the police department.

The Mayor stated that in his conversations with residents regarding possible appointments to this committee, Ginny Beckett had recommended John Oakman as a possible candidate. He shared Mr. Oakman’s background with Council. He also advised that newly appointed Councilmember Shari Hansen had also expressed interest in working with the group. He recommended appointment of John Oakman as the citizen representative and Councilmember Hansen as the Council representative to this committee.

Councilmember Bulach asked if anyone had noticed any difference or complained since the facility opened.

Council and staff stated they had not received any complaints.

Councilmember Bulach moved to appoint Councilmember Shari Hansen and resident John Oakman as the City representatives to the “Interested Citizens” committee to study the traffic and other impacts of the Viking’s Training Facility on neighboring communities, seconded by Councilmember Hovey and carried. (3-0)

e. Consider Appointment of Representative to Lower Mississippi River Watershed Management Organization (LMRWMO): Mayor O’Leary advised that his wife serves as Chair of the Board of the Great River Greening organization and that she had expressed her willingness to serve as the City’s representative to the LMRWMO.

Councilmember Bulach moved to appoint Patty O’Leary as the City representative to the LMRWMO, seconded by Councilmember Hovey and carried. (3-0)

f. Discuss the Proposed 2019 City of Sunfish Lake Tax Levy and Budget: Mayor O’Leary explained that Council conducted a Study Meeting prior to the regular meeting and determined that they preferred to keep the Tax Rate the same and that they had made some minor adjustments to the Engineer’s budget expenditures. He advised that the Treasurer would prepare the final 2019 Preliminary Budget and Tax Levy for adoption by Council at their September meeting for formal adoption. He noted that Council would also schedule a Public Hearing in December to adopt the final 2019 Budget and Tax Levy after receiving input from residents.

g. Discuss Order of Presentation of Staff Reports: Mayor O’Leary stated this item was discussed earlier.

h. Other: Discuss Tort Liability Limits: Treasurer Lanoue referred to her memo dated August 7, 2018 and explained that each year the League of Minnesota Cities requests that Sunfish Lake decide if they wish to waive liability limits. She noted that the City had consistently responded to not waive the limits and by doing so, the Council avails itself of the protection provided by statute.

Staff recommends that Council not waive the liability limits.

Mayor O’Leary moved to not waive the City’s liability limits and to accept the coverage of $1,500,000 as recommended by staff, seconded by Councilmember Hovey and carried. (3-0)

Discuss Vandalism and Dumping on Upper 55^th Street near the Keenan Property: Mayor O’Leary explained that he was contacted by Gretchen Keenan who owns property on Upper 55^th Street regarding dumping and vandalism in the area. He stated that the Keenan’s are trying to sell the property and were told by their realtor that the dumping decreases the ability to sell the parcel. He noted that the Keenan’s home is the only one on the road and that there had been reports of parties and a lot of junk dumped in this area. He stated that she asked if there was anything the City could do to assist with signage to prohibit the dumping in this area since it is a public roadway.
Forester Nayes asked if the City could close off the street since the Keenan home is the only one on the road.

Councilmember Hovey questioned how emergency vehicles would get to the home in case of an emergency.

Attorney Kuntz explained that the City would need to contact anyone abutting the roadway that gain access to their property prior to closing the road or placing a gate on the road.

Forester Nayes explained that the Fire Department had stated in the past that their equipment could break thru any gate placed in the road.

Engineer Sandberg explained that there is a lock box that the Fire Department could use to access a gate.

Mayor O’Leary suggested that the Engineer research the cost to place a gate with Fire Department access on the road and also to place video surveillance equipment in the area.

Engineer Sandberg agreed and asked if someone would draft a letter to residents abutting the road to determine if they are willing to grant consent for the road closure.

Mayor O’Leary stated he would contact the Church personnel regarding the road closure.

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

9. ADJOURN: Mayor O’Leary adjourned the meeting at 8:25 p.m.

____________________________ ________________________________

Catherine Iago, City Clerk Dan O’Leary, Mayor