- DRAFT –
SUNFISH LAKE CITY COUNCIL MEETING – DECEMBER 1, 2020
7:00 P.M. – ONLINE MEETING
Attendants:
Mayor: Dan O’Leary
Councilmembers: Mike Hovey, JoAnne Wahlstrom, Steven Bulach and Shari Hansen
City Attorney: Tim Kuntz
City Planner: Tom Ramler-Olson
City Engineer: Jeff Sandberg
City Treasurer: Ann Lanoue
Building Inspector: Mike Andrejka
City Forester: Jim Nayes
Police Chief: Brian Sturgeon
City Clerk: Cathy Iago
and Members of the General Public.
1. CALL TO ORDER: Mayor O’Leary called the meeting to order at 7:00 p.m.
2. APPROVE AGENDA: Mayor O’Leary asked if there were any additions or corrections to the agenda.
Treasurer Lanoue requested that an amended List of Bills be considered that included two (2) additional payments to the City’s snow plowing contractor, Executive Contractors; $645 for the month of October and $6,500 for the month of November.
The Mayor asked if there were any further changes and there was no response.
Councilmember Wahlstrom moved to adopt the agenda with the amended List of Bills, seconded by Councilmember Hovey and
carried. (5-0)
3. CONSENT AGENDA: Mayor O’Leary asked if there were any questions or comments relating to any items on the Consent Agenda. He commented that the City funds appear to be in good condition.
Treasurer Lanoue agreed and explained that there had been good collections of property taxes and that a payment of tax monies should be received soon from Dakota County, with another payment scheduled to be received in January.
The Mayor referred to the Public Safety report and asked the Police Chief the location of the “shed” where someone had been living.
Chief Sturgeon stated that the location was the vacant home on Upper 55th Street and that evidence of someone staying in the building had been seen over the last few years.
Mayor O’Leary asked staff if they had received any inquiries from developers for the property on Upper 55th Street. He commented that the City may have to seek some type of action to remove this dilapidated structure in the future.
Planner Ramler-Olson explained that his predecessor left notes on the condition of this property, however, there did not appear to be any inquiries for development of the property at this time.
Mayor O’Leary asked Clerk Iago to place this item on the Council agenda for the January, 2021 meeting for further discussion.
The Mayor noted that there was mention of a dead deer found on residential property that had been shot; he asked Chief Sturgeon where this occurred.
Chief Sturgeon explained that the property was located near Salem Church Road and Delaware Avenue and that Forester Nayes and Sergeant Muellner removed the deer. He stated that deer that had been killed by gunshots were found in the past, but that it is difficult to determine a suspect since there is not much evidence. He noted that there was also a suspicious vehicle report that was not included in his report, however, the police officer determined that the person driving was legitimately in the area taking photographs for a contractor’s insurance company.
The Police Chief stated he would take photos of the property conditions on Upper 55th Street to present at the January meeting.
Mayor O’Leary stated that the City Forester had submitted a revised report requesting Council action on two (2) items. He asked if Council had any questions regarding the items and there was no response.
Mayor O’Leary moved to authorize the Mayor to sign the annual Tree City USA application and that Council designate Saturday, May 1, 2021 as Arbor Day in Sunfish Lake, seconded by Councilmember Hansen and carried. (5-0)
Mayor O’Leary referred to the Building Inspector report and noted that there were numerous permits closed in November.
Inspector Andrejka explained that he had found time to review older files that should have been closed earlier in the year; he noted that it was a busy construction season in the City.
The Mayor asked if there were any further comments or questions and there was no response.
Councilmember Bulach moved approval of the Consent Agenda with the amended List of Bills, seconded by Councilmember Hansen and carried. (5-0)
a. Regular Council Meeting Minutes of November 4 and Special Election Canvass Meeting Minutes of November 12,
2020
b. Amended List of Bills
c. Monthly Financial Statements
d. Receive Building Inspector Report
e. Receive Forester Report
f. Receive Public Safety Report
4. COMMENTS FROM THE PUBLIC: The Mayor asked if there were any comments from the public and there was no response.
Recess: There was a brief recess in the meeting to reinstate the Zoom meeting.
5. PUBLIC HEARINGS: a. Public Hearing to Consider Budget and Tax Levy for the Year 2021: Mayor O’Leary opened the meeting for the purpose of conducting a public hearing to consider the City of Sunfish Lake Budget and Tax Levy for the year 2021. He explained that Treasurer Lanoue would review her report and then he would allow time for public input. He noted that Council would take formal action to adopt the 2021 budget and tax levy later in the meeting.
Treasurer Lanoue referred to her report dated December 1, 2020 and explained that a Special Budget meeting was held in August, 2020 at which time Council discussed the preliminary budget and tax levy; the preliminary budget and tax levy was then certified to Dakota County in September, 2020. She explained that Dakota County sent notices to residents advising them of the preliminary figures and that there would be a public hearing this evening.
The Treasurer stated that the budget and tax levy information presented this evening was similar to the documents adopted in September. She advised that the City of Sunfish Lake receives only 37.2% of the total monies available which is shown as the” Tax Capacity Rate”; the remaining percentages of tax funds collected are divided between the School District, Dakota County and other Special Taxing Districts. She referred to the Tax Levies comparison for 2020 and 2021 and noted that there would be “0” increase in the tax levy amount due to the reduction in the Bond Levy.
Treasurer Lanoue reviewed the chart with the comparison of the average home values and impact of the proposed tax rates for 2020 and 2021 and advised that there was a slight decrease in the Taxable Market Value and Tax Capacity. She explained that staff recommended the Tax Levy dollars remain the same for 2021 which results in a .49% decrease.
The Treasurer referred to the City Budget Revenues page in her report and noted that the main portion of the Revenues collected are from property taxes. She stated the proposed property tax collection is $495,651, which is slightly lower than 2020. She pointed out the Special Assessment revenue increase and the Bond Fund Levy reduction which would slightly reduce the total revenues for 2021 to $722,658.
Treasurer Lanoue explained that there were some minor changes to the 2021 Expenditures portion of the 2021 Budget with a slight increase in the Police Department costs and a reduction in the Fire Department costs. She also noted that there was a slight increase in Engineering of $3,380 and the City Website of $500.
Mayor O’Leary noted that the Bond Interest payment was reduced to $36,523.
Treasurer Lanoue agreed, however, she noted that the bond principal payment for the Charlton Road Improvement would begin next year.
Councilmember Hovey asked if there should be a reduction of $4,200 for the rent payment since the City will no longer be renting from St. Anne’s Church.
Treasurer Lanoue explained that she left that amount in the budget since the City was unsure if they would be utilizing a different location when the preliminary budget was adopted. She advised that it would be appropriate to leave the funds in the 2021 budget in the event they may be needed.
Mayor O’Leary pointed out that an adjustment could be made during next year’s budget discussions if the rent funds are not needed. He asked if there were any further questions from Council and there was no response.
The Mayor asked if there were any questions or comments from the public and, hearing no response, closed the public hearing at 7:35 p.m.
b. Public Hearing to Review the City’s Storm Water Pollution Prevention Program Plan (SWPPP) & National Pollution Discharge Elimination System (NPDES): Mayor O’Leary opened the meeting for the purpose of conducting a public hearing to review the City’s Storm Water Pollution Prevention Program Plan (SWPPP) & National Pollution Discharge Elimination System (NPDES) that is required to be held annually.
Engineer Sandberg introduced Ben Guell, Environmental Compliance Specialist with WSB, who was present to provide information on the City’s MS4 permit requirements.
Ben Guell referred to his presentation and explained that as part of the MS4 permitting process, the City must conduct a meeting annually to educate residents on water quality issues, to review the City’s SWPPP Best Management Practices (BMPs), and to receive comments from the public on the City’s MS4 program. He stated that the National Pollutant Discharge Elimination System (NPDES) monitors the Municipal Separate Storm Sewer System (MS4) and that the program includes municipal operations, construction sites and industrial activities. He explained that stormwater runoff is the leading source of water pollution due to the fact that it flows across surfaces and picks up trash, debris and pollutants. He noted the focus is to ensure that storm water runoff is clean and that streets and ditches remain free of debris, litter, pesticides, and grass clippings. He stated the annual meeting is to educate residents and receive their comments prior to submitting the annual report to the Minnesota Pollution Control Agency (MPCA).
Mr. Guell stated that the MS4 Program consists of 6 minimum control measures as listed in the informational report. He noted the 2019 MS4 activities included an annual meeting, the Arbor Day Green Fair, City Newsletter, website articles and collaboration with Dakota SWCD (Blue Thumb Workshops). He noted that no illicit discharges were discovered in 2019. He explained that the annual meeting reviews the activities completed in the previous year, since the projects in 2020 have not yet been completed. He advised that all the 2019 requirements have been met and that, following this presentation, the 2020 requirements would also be met.
Mr. Guell stated staff monitored ten (10) Construction and Post-Construction Stormwater Runoff Control projects in the City greater than one acre and that there were seven (7) NPDES Construction Stormwater Permits active. He noted that there would be continued training of field and seasonal staff.
Mr. Guell advised that the City would continue to provide education materials, training for City staff, inspections for illicit discharges construction sites and post-construction site, complete stormwater system inspections and maintenance, continue to update stormwater infrastructure through GIS, continue to document MS4 activities and continue to prepare for MS4 permit reissuance. He noted that the current MS4 permit had expired on July 31, 2018 and that the MPCA had released the new permit on November 16, 2020; he stated the new application must be submitted by mid-April, 2021. He advised that the City must wait for notification from the MPCA on the next steps to move forward with the permit and, once the new application is accepted by the MPCA, staff would begin follow-up work.
Engineer Sandberg stated that Ben and his group would work to ensure that Sunfish Lake is in compliance with all regulations once the MPCA has completed the permit procedures. He noted that $4,000 has been dedicated in the 2021 budget for the purpose of drafting the permit and preparing educational materials.
Mayor O’Leary asked if there were any questions or comments from the public and, hearing none, closed the public hearing at 7:58 p.m.
Council thanked Mr. Guell for his presentation.
6. PLANNING COMMISSION/PLANNER’S REPORT: a. Planner’s Report: Planner Ramler-Olson referred to his report dated December 1, 2020 and advised that the November Planning Commission meeting was cancelled due to no applications. He explained that Planner Krzos had left WSB on November 20, 2020 and that he assumed the Planning responsibilities on Monday, November 23, 2020. He stated that he looks forward to serving as the City Planner.
Planner Ramler-Olson advised that he and the City Engineer and former Planner Krzos conducted final site inspections for the project at 357 Salem Church Road and noted that the applicant stated he would plant two (2) trees in the spring to replace the two that were removed as part of the project. He further noted that the applicant also agreed to immediately replace erosion control mats that were disturbed.
Mayor O’Leary explained that the City had problems in the past with staff follow-up to guarantee that plantings were installed. He noted that adjacent residents want to make sure that sufficient screening is installed and he asked that the Planner put this on the top of his list of follow-up items. He explained that the landscape plan should be complete prior to issuing a Certificate of Occupancy for the premises and suggested that the Planner contact Council if he determines that changes need to be made to strengthen City regulations.
Council thanked the Planner for his report.
7. ENGINEER’S REPORT: 1. Engineering Activities Undertaken in November: A. NPDES Annual Public Hearing: Staff conducted the Public Hearing on this item earlier on the agenda.
B. Feasibility Studies for 2021 CIP Projects: Engineer Sandberg referred to his report dated December 1, 2020 regarding the feasibility studies for the proposed 2021 Capital Improvement Projects (CIP).
The Engineer stated he completed drafts of the 2021 CIP project’s feasibility studies and explained that there are three (3) Mill and Overlay projects proposed; Sunnyside Lane, Zehnder Road and Angell Road East. He further stated that one (1) street reconstruction project is proposed on Grieve Glen Lane.
Engineer Sandberg advised that the estimated cost of the Sunnyside Lane project would be $84,710, which includes a 10% contingency and 35% for indirect costs. He stated that this project would be assessable in accordance with the City’s Assessment Policy at 60% to benefitted properties. He displayed the map showing the assessable properties and noted that there is one property, Lot 8 on the map, that would not be subject to assessments as it is not a buildable lot.
Mayor O’Leary asked if this lot was owned by the adjacent property owner.
Engineer Sandberg responded yes and explained that the lot is less than 2-acres in size and is located within the Shoreland Overlay District.
Councilmember Bulach asked when staff proposes to begin the projects.
Engineer Sandberg stated that staff proposes to begin the projects in April, 2021 and that he included a Project Schedule in his report.
The Engineer stated that Angell Road East would also be a Mill and Overlay project with an estimated cost of $83,895 that also includes a 10 % contingency and 35% indirect costs.
Mayor O’Leary noted that the assessment of $10,000 per property is substantial and that he agreed it is important to maintain the City roads. He questioned what would happen if the residents did not want the road repaired.
Engineer Sandberg explained that residents do not have the option to refuse repairs on public streets and noted that Angell Road is classified as a “Minor Collector” street that is eligible for a smaller percentage of cost assessments.
The Engineer explained that he had discussed the proposed assessment costs with the City Attorney and they determined that it may be appropriate to have a “benefit analysis” prepared prior to beginning this project. He stated that he and the City Attorney recommend that the benefit analysis be conducted for two (2) of the projects, Angell Road East and Grieve Glen Road, since the estimated costs are substantial for those projects. He noted that the remaining projects, Zehnder Road and Sunnyside Lane, appear to show the assessments would support the benefit to those properties.
Councilmember Bulach questioned why staff would propose bidding two project separate from the others.
Engineer Sandberg explained that the feasibility studies were prepared separately, however, the bid package would include all the projects.
Councilmember Hansen asked why the City would only be doing part of Angell Road and not the entire street; she questioned if part of the road had been improved recently.
Engineer Sandberg explained that part of the road was on a different maintenance schedule in the CIP and was done with an earlier project.
Mayor O’Leary questioned if a benefit analysis would be needed for Zehnder Road.
The Engineer stated that Zehnder Road would be a Mill and Overlay project and that the proposed assessment was estimated at $6,500 per parcel, which appears to be reasonable.
Attorney Kuntz asked how many years the assessments would be spread out.
Engineer Sandberg explained that the last project was spread over 10 years, however, he had not determined the time frame for these projects.
In discussion, Mayor O’Leary and Treasurer Lanoue concurred that 10 years had been the usual term during their tenures with the City.
Councilmember Hovey asked if the City could spread the smaller assessments over a 5-year term versus a 10-year term.
Engineer Sandberg suggested that Council could make that determination once they decide to move forward with the projects and after conducting the public hearings. He further suggested that the City’s financial consultant, Ehlers, may be better suited to determine the length of the assessment term.
Mayor O’Leary suggested that staff contact Ehlers early in the process.
Attorney Kuntz agreed to do so and stated that he would advise Ehlers that the usual term length for City assessments had been 10-years.
Engineer Sandberg noted that there was one property on Zehnder Road that was not a buildable lot due to acreage and the location in the Shoreland Overlay District. He further noted that Lot 1 shown on the improvement map has its main access from 50th Street, however, staff found there is also a gravel road with access to that property from Zehnder Road. He advised that he discussed this with the City Attorney and they determined that this parcel meets the criteria for assessment. He stated the cost for the Mill and Overlay on Zehnder Road is estimated at $37,000 and includes the 10% contingency and 35% indirect costs.
The Engineer stated that the Grieve Glen reconstruction project was estimated at $166,234 and would be included as part of the contract for all the projects previously discussed.
Mayor O’Leary asked what the proposed assessment per lot would be for this project.
Engineer Sandberg stated that the proposed assessment per lot would be $19,000 and that this amount was what prompted staff to request hiring an appraiser to conduct a benefit analysis.
Mayor O’Leary questioned if the City would be required to absorb the additional costs if the benefit analysis shows less than the proposed assessments.
Councilmember Bulach stated his opinion that the road needs repair and that this project had been delayed for a few years.
Mayor O’Leary agreed that the project should be done but noted that the City may have to absorb some additional cost.
Councilmember Bulach pointed out that Grieve Glen is not a “feeder” road and, in his opinion, the total reconstruction of the road should last for many years since there are only seven (7) homes that utilize the road.
Engineer Sandberg referred to his memorandum dated December 1, 2020 and explained that staff had contacted Larry Danich from Metzen Appraisals, to discuss costs for conducting a benefit analysis on the Grieve Glen and Angell Road projects. He stated that Metzen Appraisals had done work for the City in the past and that Mr. Danich quotes a cost of $6,500 for each of the projects, for a total of $13,000.
Mayor O’Leary asked if the figure was rounded and Engineer Sandberg explained that it appears to be the usual rate for this service.
The Engineer also referred to the Project Schedule that he included in his report which outlined the time-frame for staff submission of the feasibility studies, Council actions needed, publication of notices, conducting public hearings, preparation of plans and specifications and authorizing bids. He advised that staff would prepare reports to be submitted to Council at their first meeting in January, 2021 and, if Council agrees to proceed, public hearings would be held in February, 2021 and bids prepared with all projects included in the bids would be sent out in April, 2021.
Mayor O’Leary asked if the projects were included in the 2021 Budget and the Engineer responded yes. He suggested that action be taken to hire Metzen Appraisals to prepare the benefit analysis for the Grieve Glen and Angell Road projects.
Councilmember Hovey asked if costs for the benefit analysis would be included in the project costs and the Engineer responded yes.
Mayor O’Leary asked if there were any further questions or comments and there was no response.
Mayor O’Leary moved to authorize staff to hire Metzen Appraisals to prepare a benefit analysis for the Grieve Glen Road and Angell Road East improvement projects at a cost of $6,500 per project or a total cost of $13,000, seconded by Councilmember Bulach and carried. (5-0)
2. Building and Site review in the Month of November: A. Staff conducted reviews for three (3) properties in November:
1) Riley-Bancroft Property: Staff reviewed a minor subdivision/CUP request.
2) 357 Salem Church Road: Staff reviewed as-built survey plans submitted and conducted a final site visit.
3) 2150 Charlton Road: Staff reviewed new information provided by the engineer related to the as-builts and continues to work with the engineer to resolve remaining issues.
Mayor O’Leary asked if the Riley-Bancroft property permit had expired.
Engineer Sandberg stated that the permit for the project was good for one year and that it had expired.
Councilmember Bulach asked if the project would have to be reviewed by the Planning Commission again and Planner Ramler-Olson responded yes
3. Public Works Activities Undertaken in the Month of November: A. Signed contract and certificates of insurance were received from the Snow plowing contractor.
4. Anticipated Engineering and Public Works Activities for December: A. Staff will work with the City’s Snowplow contractor to keep roads clear and safe. Residents are encouraged to report slippery areas on the City streets that need attention by sending an email with concerns to
Council thanked the Engineer for his report.
8. NEW/OTHER BUSINESS: a. Consider 1. Resolution Adopting the General Fund Operating Budget for 2021;
2. Resolution Adopting the Tax Levy for Collection in the Year 2021; 3. Resolution Setting Dates for the Regular City Council Meetings for 2021; 4. Resolution Setting Dates for the Planning Commission Meetings for 2021; and 5. Resolution Setting Dates for 2021 Planning & Land Use Application Deadlines: Mayor O’Leary referred to the City Attorney Memorandum dated November 25, 2020 relating to the five (5) resolutions that require action this evening. He asked if there were any questions or comments and there was no response.
Councilmember Hovey moved, seconded by Councilmember Hansen, to adopt Resolution No. 20-25 titled, RESOLUTION ADOPTING THE GENERAL FUND OPERATING BUDGET FOR THE CITY OF SUNFISH LAKE FOR THE YEAR 2021. Motion carried. (5-0)
Councilmember Hovey moved, seconded by Councilmember Hansen, to adopt Resolution No. 20-26 titled, RESOLUTION LEVYING AND ADOPTING THE TAX LEVY FOR COLLECTION IN THE YEAR 2021. Motion carried. (5-0)
Councilmember Bulach moved, seconded by Councilmember Wahlstrom, to adopt Resolution No. 20-27 title RESOLUTION SETTING THE DATES OF THE REGULAR CITY COUNCIL MEETINGS FOR THE YEAR 2021. Motion carried. (5-0)
Clerk Iago explained that the proposed resolution setting the dates for the planning commission meetings for 2021 is usually referred to the Commission for adoption at their first meeting in 2021.
Council concurred to refer the resolution to the Planning Commission for action at their first meeting in 2021.
Councilmember Wahlstrom moved, seconded by Councilmember Hansen, to adopt Resolution No. 20-28 titled, RESOLUTION SETTING DATES FOR 2021 PLANNING AND LAND USE APPLICATION DEADLINES FOR THE YEAR 2021. Motion carried. (5-0)
b. Consider Resolution Designating the Polling Place for 2021 Elections in the City of Sunfish Lake: Clerk Iago explained that the City must designate the polling place for the 2021 elections by December 31st each year.
Mayor O’Leary asked that she notify the Pastor at First Calvary Baptist Church that the resolution was adopted.
Councilmember Hovey moved, seconded by Councilmember Bulach, to adopt Resolution No. 20-29 titled, RESOLUTION DESIGNATING THE POLLING PLACE FOR 2021 ELECTIONS IN THE CITY OF SUNFISH LAKE. Motion carried. (5-0)
c. Consider Joint Powers Agreement (JPA) With Five (5) Cities for Recycling Coordinator Services: Clerk Iago referred to her memorandum dated November 25, 2020 regarding the amended JPA for Recycling Coordinator Services and advised that the five (5) cities had agreed to designate the City of West St. Paul as the Fiscal Agent for all the cities. She explained that the cities agreed it would be more effective to process invoices and reimbursements of grant monies through only one person and the City of West St. Paul Finance Director would be designated for that responsibility. She stated that Treasurer Lanoue and Attorney Kuntz were both sent the information for review; Treasurer Lanoue agreed this would streamline the process. Attorney Kuntz stated that he reviewed the document and had no concerns.
Mayor O’Leary asked if there were any questions and there was no response.
Councilmember Hansen moved to approve the Joint Powers Agreement for Recycling Coordinator Services with the cities of West St. Paul, Mendota Heights, South St. Paul, Sunfish Lake and Lilydale, seconded by Councilmember Wahlstrom. Motion carried. (5-0)
d. Other: Mayor O’Leary asked if there was any further business and there was no response.
9. ADJOURN: Mayor O’Leary moved to adjourn the meeting at 8:35 p.m.
____________________________ ________________________________
Catherine Iago, City Clerk Dan O’Leary, Mayor
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.