SUNFISH LAKE CITY COUNCIL MEETING – FEBRUARY 4, 2020
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Dan O’Leary
Councilmembers: Mike Hovey, JoAnne Wahlstrom, and Steven Bulach
City Attorney: Tim Kuntz
City Engineer: Jeff Sandberg
City Treasurer: Ann Lanoue
Building Inspector: Mike Andrejka
City Forester: Jim Nayes
Police Sergeant: Matt Muellner
City Clerk: Cathy Iago
and Members of the General Public.
Councilmember Shari Hansen, Police Chief Brian Sturgeon and City Planner PeggySue Imihy were absent.
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 and there was no response.
Councilmember Bulach moved to adopt the agenda as presented, seconded by Councilmember Hovey and carried. (4-0)
3. CONSENT AGENDA: Mayor O’Leary asked if there were any questions or comments relating to any items on the Consent Agenda. He noted that the total number of false alarms for the year was 23 which was reduced from 36 last year.
Building Inspector Mike Andrejka questioned if there would be a preconstruction meeting held at 245 Salem Church Road and another meeting held on February 19 at 7 p.m. with staff.
Clerk Iago noted that February 19 is the scheduled date for the Planning Commission meeting and that the meeting could be held after the commission meets.
Engineer Sandberg stated he would verify the preconstruction meeting and the February 19 meeting with Planner Imihy.
Forester Nayes requested Council confirmation to conduct the Arbor Day celebration on May 2 and asked the Mayor to sign the Proclamation for Arbor Day.
Council concurred to confirm the Arbor Day celebration on May 2, 2020 and that the Mayor sign the proclamation.
Mayor O’Leary stated he would be on vacation and unable to help plant trees on that date.
Forester Nayes explained that he would be requesting Council authorization to conduct an aerial deer count later on the agenda.
The Mayor asked if there were any further comments or questions and there was no response.
Councilmember Wahlstrom moved approval of the Consent Agenda as presented, seconded by Councilmember Hovey and carried. (4-0)
a. Regular Council Meeting Minutes of January 7, 2020
b. 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.
5. PUBLIC HEARING/PRESENTATIONS: None.
6. PLANNING COMMISSION/PLANNER’S REPORT: None.
7. ENGINEER’S REPORT: 1. Engineering Activities Undertaken in January: A. Met Council 2020 CAMP Program Participation: Staff is requesting the Council support and authorize funding to participate in the Citizen Assisted Monitoring Program (CAMP) water quality testing program for Hornbeam, Sunfish and Horseshoe Lakes. Staff contacted the three (3) volunteers and they agreed to take the readings for each lake in 2020. The cost for participating is $380 for each lake and the costs for the program were included in the 2020 budget. If Council concurs, they should make a motion to continue participation in the CAMP program.
Mayor O’Leary moved to authorize the expenditure for the City’s participation in the CAMP program in 2020, seconded by Councilmember Hovey and carried. (4-0)
B. Pay Request – Charlton Road Reconstruction Project: The Final Pay Request #5 for the Charlton Road Reconstruction Project is included for Council approval. Staff determined that the project was completed per the contract plans and specifications. The project would be in the two-year warranty period.
Councilmember Bulach moved to authorize the final payment for Pay Voucher # 5 in the amount of $38,574.10 to Valley Paving, Inc. for the Charlton Road Reconstruction and Sunfish Lake Outlet Improvements Project, seconded by Councilmember Wahlstrom and carried. (4-0)
C. Dakota County Groundwater Plan Workshop: Staff attend this workshop on January 30 to provide input into the Draft Plan update. Attendees included engineers from other cities and townships, and residents from several cities. The goals and objectives include protecting and maintaining water quality of groundwater and drinking water. Staff will continue to monitor and update Council on this matter.
D. Resolution on Salem Church Road and Delaware Ave Intersection: At their January meeting Council authorized the preparation of a resolution in support of the County improvements to the intersection of Salem Church Road and Delaware Avenue. The City Attorney prepared the resolution to be formally approved by Council and forwarded to Dakota County.
Mayor O’Leary moved to adopt Resolution No. 20-04 titled A RESOLUTION REQUESTING THAT DAKOTA COUNTY PREPARE AN INTERSECTION DESIGN STUDY FOR THE INTERSECTION OF SALEM CHURCH ROAD AND COUNTY ROAD 63 (DELAWARE AVENUE) AND THAT DAKOTA COUNTY MAKE IMPROVEMENTS TO THE INTERSECTION TO CREATE A SAFER CONDITION, seconded by Councilmember Wahlstrom and carried. (4-0)
2. Building and Site review in the Month of January: None.
3. Public Works Activities Undertaken in the Month of January: A. Staff was alerted by WSP police that a stop sign was knocked down on Angell Road and Sunnyside Lane as a result of a traffic accident. Staff received a quote for a permanent sign to be installed when weather conditions permit. Staff also replaced a stop sign at Grieve Glen that was damaged in an accident.
B. Staff has been working with the snow plowing contractor to keep roads as clean and safe as possible. Only a few phone calls and emails were received regarding icy roads in January.
Mayor O’Leary commented that in his opinion the pre-treating appears to work as the roads seemed a bit cleaner.
Engineer Sandberg explained that the $3,000 for pre-treating the roads was to be used for all the roads within the City, not just for Salem Church Road, as identified in the City newsletter.
Mayor O’Leary indicated that it did not appear to work on Windy Hill Road, as it was still very icy. He further pointed out that the 40-degree temperature did help to melt some of the ice on the roads.
Councilmember Hovey commented that the pretreatment must not be getting to the pavement.
Engineer Sandberg explained that with the snowbanks thawing onto the road and then refreezing it is difficult to keep the ice off the roads. He encouraged residents to email the contractor and City Engineer directly regarding unsafe road conditions. He stated that if the pretreatment is done prior to the snow storm it would help with the icy conditions.
4. Anticipated Engineering and Public Works Activities for February: None.
Council thanked the Engineer for his report.
8. NEW/OTHER BUSINESS: a. Consider Request from City Clerk to attend the Minnesota Clerks and Finance Officers Association IMCFOA) Conference March 17-19, 2020: Clerk Iago referred to her memorandum dated January 29, 2020 requesting authorization for her to attend the MCFOA Conference in St. Cloud, Minnesota and for funds to cover the cost of registration and lodging. She explained the “early bird” registration fee is $275.00 and includes most of the meals during the conference and the lodging fee, plus tax, should be approximately $350.00; the total cost should not exceed $650.00.
Mayor O’Leary moved to authorize the expenditure not to exceed $650.00 for the City Clerk to attend the 2020 MCFOA conference in St. Cloud, Minnesota, March 16-19, seconded by Councilmember Hovey and carried. (4-0)
b. Consider Resolution Requesting Dakota County Assistance to Reduce the Hazardous Traffic Safety Conditions at the Intersection of Salem Church Road and Delaware Avenue: The resolution was adopted under the Engineer’s report.
c. Consider Resolution Appointing Election Judges for the Presidential Nomination Primary Election: Clerk Iago referred to the resolution appointing election judges for the March 3, 2020 Presidential Nomination Primary and requested its adoption by Council.
Mayor O’Leary moved to adopt Resolution No. 20-05 titled, RESOLUTION APPOINTING ELECTION JUDGES TO SERVE AT THE MARCH 3, 2020 PRESIDENTIAL NOMINATION PRIMARY ELECTION, seconded by Councilmember Bulach and carried. (4-0)
d. Consider Request from City Forester to Conduct Aerial Deer Count: Forester Nayes explained that the City would be part of a cooperative venture to conduct an aerial deer population count. He noted that 3 Rivers Park District would be conducting the aerial count and that the City would be charged only for the time spent in the air over Sunfish Lake; he estimated the cost would be approximately $600.00.
Mayor O’Leary noted that the count would be conducted by helicopter and that this should be advertised on the City website; he also advised that the email “blast” should mention that the helicopter would be flying over the City within the next two or three weeks.
The Mayor asked if there were any questions and there was no response.
Mayor O’Leary moved to authorize the expenditure, not to exceed $1,000, for conducting an aerial deer population count by 3 Rivers Park District and the City Forester, seconded by Councilmember Wahlstrom and carried. (4-0)
e. Schedule Public Hearing on Tuesday, April 7, 2020 at 7:00 p.m. at St. Anne’s Episcopal Church to Review the City of Sunfish Lake’s Storm Water Pollution Prevention Program (SWPPP) and the National Pollutant Discharge Elimination System (NPDES): Engineer Sandburg explained that the Council must conduct a public hearing annually to review the City’s SWPPP and NPDES programs and receive public input as part of the permit regulations. He recommended the public hearing be scheduled at the regular Council meeting held April 7, 2020, at 7:00 p.m. at St. Anne’s Church.
Mayor O’Leary moved to schedule a public hearing on Tuesday, April 7, 2020, at 7:00 p.m. at St. Anne’s Church to review the City’s Storm Water Pollution Prevention Program (SWPPP) and National Pollutant Discharge Elimination System (NPDES), seconded by Councilmember Hovey and carried. (4-0)
f. Other: Mayor O’Leary asked if there was any further business.
Councilmember Bulach asked the Mayor if staff had found any information on a Lake Owners Association for residents abutting Sunfish Lake.
Mayor O’Leary explained that staff had researched this matter and found no documentation that established a formal lake association. He commented that it appears the resident’s met Ad Hoc when an issue arose and that they formed the group to request State aid to help with the costs for the Alum treatment.
Forester Nayes explained that the grant monies for the Alum treatment on Sunfish Lake were provided by grant funds that Dakota County received from the State of Minnesota and awarded to Sunfish Lake.
Mayor O’Leary explained that he talked to resident Jim Stowell who advised he would be contacting residents in an attempt to form a formal lake association for Sunfish Lake.
Councilmember Bulach stated that it is his opinion that the costs associated with treatment of issues on Sunfish Lake should not be paid by the City or any residents who do not have use of the lake.
Attorney Kuntz noted that the City would not be responsible for any costs associated with treatment of the lake unless the City caused pollution of the lake. He further explained that residents questioned if the City had the authority to make improvements to the Sunfish Lake outlet and noted that the City had the authority to make those improvements because they were necessary as part of the improvements to a public roadway.
The City Attorney pointed out that while researching the lake association he found that at one time there was an entity called “Association” on file with the Secretary of State, but he was unsure of its status at this time.
Mayor O’Leary stated that he saw a newspaper article on the Sunfish Lake Association that listed Mike McDonald as its president. He commented that if the association is not on file at this time it could be reinstated by the residents.
Attorney Kuntz explained that the only way the City could cause pollution of the lakes would be from runoff or drainage from surrounding roadways, however, the City Engineer advised that this does not occur on any of the lakes within the City since there is no pubic access.
Clerk Iago explained that the only lake with public access is Horseshoe Lake as it is adjacent to South Robert Street/TH3, which is not a City road.
Attorney Kuntz explained that the City would not have any liability with pollution from South Robert Street/TH3 runoff and that pollution in the lakes does not affect stormwater quality in the City.
Mayor O’Leary asked if there were any further comments and there was no response.
9. ADJOURN: Mayor O’Leary moved to adjourn the meeting at 7:23 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.