- DRAFT –
SUNFISH LAKE CITY COUNCIL MEETING – JULY 6, 2021
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
City Forester: Jim Nayes
Police Chief: Brian Sturgeon
City Clerk: Cathy Iago
and Members of the General Public.
Building Inspector Mike Andrejka was absent
1. CALL TO ORDER: Mayor O’Leary called the meeting to order at 7:00 p.m. The Mayor extended his thanks to Council for their resiliency and adaptability to conduct the meetings by Zoom versus in person meetings and also thanked staff for navigating through remote means to produce the agenda information. He noted that there would be discussion later on the agenda regarding resuming in-person meetings in the future.
2. APPROVE AGENDA: Mayor O’Leary asked if there were any additions or corrections to the agenda.
Clerk Iago explained that there was a correction to the date under Item 8.b.; it should be Schedule Special Council Meeting on August 3, 2021 instead of August 2, 2021.
The Mayor asked if there were any further additions or corrections and there was no response.
Councilmember Wahlstrom moved to adopt the agenda as corrected, 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.
Councilmember Hovey stated that as of the mailing of the financials, the City had not yet received taxes from Dakota County, however, the Treasurer advised that the taxes were received today and would be reflected in next month’s financials.
Mayor O’Leary stated that it appears pages 3 and 4 of the financial statements are the same as pages 1 and 2 and asked the Treasurer if that was possibly a scanning issue.
Treasurer Lanoue explained that the pages 3 and 4 of the document contains the calculations from the previous year’s budget for comparison purposes and that pages 1 and 2 contain the current year expenditures and revenues; she referred the Mayor to the column headings on those pages for clarification.
Mayor O’Leary noted that there were expenditures of $21,792.05 for the City Attorney, which is an increase of 13.2% from last year. He explained that when residents contact the City Attorney or other staff members with legal issues, their time is charged to the City and this will significantly increase the City’s legal costs. He suggested that there may be minor property issues that could be resolved if neighbors attempted to work together to find a solution to the problem rather than contacting City staff. He advised that all staff members are contract employees so utilizing staff time increases the City expenditures and also increases taxes for all residents. He commended the Pastor at First Calvary Baptist Church for extending the use of the church facilities to conduct City meetings and elections without charging a rental fee.
The Mayor noted that the actual Planning expenditures were less than the total amount budgeted and questioned if this was a timing issue or if there were less applications than the previous year.
Treasurer Lanoue explained that it may be due to the fact that staff time is being charged to the applicant’s escrow account rather than charged to the City.
Mayor O’Leary noted that the Building Inspector would not be in attendance at the meeting this evening. He further noted that anyone wishing to contact the Planner do so prior to July 8 as he will be on vacation from July 8 through July 13 and would not have access to a phone or email.
The Mayor asked Police Chief Sturgeon if he had any important information to share with Council.
Chief Sturgeon explained that mental health issues and drug related calls had been on the forefront recently. He advised that if anyone is seeking help or knows of someone who should seek help for addiction or mental health problems, they should contact the police department for a list of available resources. He noted that there were a few more false alarms calls this month.
The Chief apologized for the fact that his report and the resolution to be discussed under Item 8.a. Participation in the All-Hazardous Mitigation Planning Process with Dakota County was not sent out with the Public Safety report. He indicated that he would review the information and Council may determine if they want to move forward on the matter or delay action for one month. He stated he may also be on vacation next week.
Chief Sturgeon noted that he may not be at the August meeting as he usually attends the Night to Unite activities that are scheduled in West St. Paul and Sunfish Lake. He noted that there are two (2) events scheduled in Sunfish Lake this year.
Mayor O’Leary asked if there were any further comments or questions and there was no response.
Councilmember Hansen moved approval of the Consent Agenda as presented, seconded by Councilmember Bulach and carried. (5-0)
a. Regular Council Meeting Minutes of June 1, 2021
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: a. Planner’s Report: Planner Ramler-Olson referred Council to his report dated July 6, 2021. He advised he would be on vacation July 8 through July 13 and not available to respond to phone or email. The Planner reviewed the following items in his report:
1. Staff visited the property at 2 Sunfish Lane for a final walk-through to observe completion of improvements on the property prior to issuance of a Certificate of Occupancy.
2. Staff drafted a letter to the property owners at 250 Angell Road regarding a structure observed on the property by a neighbor. The property owner advised that the structure was an 8 ft. x 8 ft. collapsible dog pen that can easily be broken down and moved to different areas on the property.
3. Staff sent a letter to 345 Salem Church Road acknowledging that the City understands their septic system was non-compliant upon a recent visit from the City’s septic inspector as part of the pending sale of the property. The letter explained their obligations to resolve the issue per requirements in the City Code and that it needs to be remedied within the next 10 months.
4. Staff reviewed the draft of the City’s 2020 Generalized Land Use Plan as prepared by the Metropolitan Council and found only one correction for them to address.
5. Staff has been working with property owners that have submitted applications to be heard at the July 15 Planning Commission meeting. Staff visited the property at 2154 Charlton Road and 300 Salem Church Road to observe each proposal and existing conditions of the respective properties.
The Planner advised that the following items would be heard at the July 15 Planning Commission meeting:
- 300 Salem Church Road – Major Site and building Plan Review to add a pool, pool patio and a retaining wall to the property
- 2154 Charlton Road – Conditional Use Permit to exceed the maximum number of accessory structures; if approved, the application would then be subject to Minor Site and Building Plan Review by staff
- 100 Windy Hill Road – Major Site and Building Plan Review for a new home and a Variance to allow the principal structure to exceed the maximum height by 3 feet
Mayor O’Leary stated that he visited the site at 100 Windy Hill Road and that there was discussion relating to the fact that if the home was constructed 3 feet lower to meet the height requirement, the amount of grading and loss of trees would be substantial. He pointed out that over 20 trees could be saved and less grading on site would be required. He asked if there were any questions and there was no response.
Council thanked the Planner for his report.
7. ENGINEER’S REPORT: 1. Engineering Activities Undertaken in June: A. 2021 Capital Improvement Projects: The bid opening for the projects was held on June 16 and four (4) bids were received. Staff recommends award of the bid to Bituminous Roadways, Inc. in the amount of $406,021.20.
Engineer Sandberg referred to his report dated June 30, 2021 and attachments 1A and 1B. He explained that the original engineer’s estimate for the project was $346,000 and that amount was increased to $428,255 due to information found when additional soil tests were done on the roadways and found substandard soils, especially on Grieve Glen. Staff recommended that fabric be placed between the Class 5 and subgrade to firm up the road, which added additional cost to the project and increased the original Engineer’s estimate to $428,255. He noted that two of the bids were slightly lower than the revised estimate and two were higher. The Engineer stated that the City Attorney worked with bond counsel to determine how the financing would impact taxes.
Councilmember Hansen asked if Sunfish Lake had used Bituminous Roadways on other improvement projects.
Engineer Sandberg stated he was not sure if the company had done work in Sunfish Lake in the past, however, he advised that he had worked with this company on projects in other cities and found them to be responsible.
Councilmember Hovey questioned the discrepancy in the bid amounts and asked what caused the difference.
Engineer Sandberg stated that it was not unusual to have higher and lower bid amounts and explained that the discrepancy in the bids is usually related to the “unit” pricing on items.
Mayor O’Leary commented that Valley Paving had worked on the Charlton Road improvement project.
Engineer Sandberg agreed and advised that both companies are well known and reputable.
The Engineer asked if Council preferred to take action on the bid award at this time or wait until the City Attorney reviewed the bond information from Ehlers.
Council concurred to wait on the bid award.
B. 2021 All-Hazard Mitigation Plan: Staff participated in a discussion with Dakota County regarding the update to the All-Hazard Mitigation Plan, which is updated every 5 years.
C. City Lake Pumping: Water was not flowing from any of the City lakes, therefore no pumping was permitted in June. A notice was sent to all lakeshore owners giving them 30 days to remove pumps or apply for a permit. If property owners are not compliant within the 30-day period, another letter will be sent outlining the next steps in the process.
D. 2021 MPCA MS4 Annual Report: Staff prepared and sent the 2021 MS4 Annual Report to the MPCA to meet the city’s obligations as part of the permitting process. The report outlined the City’s actions taken in 2020 as required by the MPCA. Items such as enforcement of silt fencing installation and monitoring of the fencing must be reported as part of the permit.
2. Building and Site review in the Month of June: A. Staff conducted the following property reviews in June:
- 1 Sunfish Lane: Slope stabilization work is complete and staff performed several site inspections while the work progressed. The work is generally complete, with plantings installed and erosion controls in place. Staff will continue to monitor the site until plantings are established.
- 300 Salem Church Road: Staff performed a review of the application for an in-ground pool. The homeowners were given a Notice of Violation for erosion control violations for clearing over an acre of area without obtaining the necessary NPDES permit approval or installing necessary erosion controls. Staff sent a memo relating to replacement of retaining walls and conducted a follow-up inspection today. Staff found erosion controls were installed and will continue to monitor the site to ensure it remains in compliance.
- 2154 Charlton Road: Staff performed a site inspection of the proposed 3-car garage on the site and is reviewing the associated application.
3. Public Works Activities Undertaken in the Month of June: A. Staff found a road sign on 60th Street that was knocked over and will work with the sign contractor to replace the sign.
B. The 2021 Pavement Inspections will start next week and will include all roads in the city with the exception of those slated for improvements. The road inspections are done in preparation for the 5-year Capital Improvement Plan for 2022 and the cost for the inspections and report were included in the 2021 Engineering budget.
4. Anticipated Engineering and Public Works Activities for July: A. Staff talked to the proposed contractor about plans to begin the improvement projects. Once the project begins, the contractor has six (6) weeks to complete the project. Staff informed the proposed contractor that the work must be completed by September 15 and they advised that they would begin the work in mid-August and it would be completed by September 15.
Engineer Sandberg stated that staff will conduct a pre-construction meeting with the contractor regarding the project schedule and will then send a notice to residents outlining the schedule and providing contact information.
Mayor O’Leary asked if staff considered holding the pre-construction meeting at First Calvary Church and inviting residents to attend or if it would just be with the contractor.
The Engineer stated that normally staff meets with only the contractor to discuss the project schedule.
Tom Hendrickson, 4 Greive Glen Lane, asked if the utility companies would be notified to ask if there may be upgrades to utilities prior to the road reconstruction. He offered to assist with contacting the utility companies.
Engineer Sandberg stated that the City had not contacted utility companies in the past and that it may not be feasible to contact the companies or to have new utilities installed within the short time frame. He offered to assist Mr. Hendrickson if possible.
Mr. Hendrickson indicated that it may be possible to install fiber optics.
Clerk Iago suggested that the cable commission, NDC4, might be able to assist with the fiber optic installation information.
Mr. Hendrikson asked if the fabric membrane installation on Grieve Glen would be installed over the entire roadway and the City Engineer responded yes.
Mayor O’Leary asked if there were any questions and there was no response.
Council thanked the Engineer for his report.
Attorney Kuntz referred to his report dated June 30, 2021 and to information provided by bond counsel Ehlers dated June 28, 2021. He explained the actions for consideration by Council include approval of the minutes of the virtual bid opening, adopting a resolution accepting and awarding the bid to Bituminous Roadways, and a resolution providing for the bond sale and authorizing Ehlers to conduct the sale.
The City Attorney advised that the four projects would be included in the bond sale in the amount of $635,000. He explained the increase from $585,000 was recommended by Ehlers based on the project upgrades due to the poor soil conditions that required the installation of a fabric membrane.
Attorney Kuntz stated that if Council takes action this evening to proceed with the bond sale, Todd Hagen of Ehlers would attend the August 3 Council meeting to present the results of the sale. He noted that if Council approves the bond sale, the monies would be available by August 14 so that the City would have sufficient funds to pay the contractor. He further advised that assessment hearings for each of the projects would be scheduled for the October Council meeting.
The Attorney reviewed the usual procedures for conducting the assessment hearing and the options for payment of the assessments over a 10-year period with interest or payment in full within 30-days from the date of adoption with no interest. He explained that if the amount the City has to pay exceeds the amount in the assessment notice, the funds would be paid from the General Tax Levy.
Mayor O’Leary thanked the attorney and asked if there were any questions or comments. There was no response.
Motion by Mayor O’Leary to accept the Minutes of the Virtual Bid Opening on Tuesday, June 15, 2021 as taken by Leah Rose from the City Attorney’s office and relating to the four (4) City Improvement Projects and, to adopt Resolution No. 21-30 titled, resolution accepting bid and awarding contract for the combined improvement projects of City project No. 2021-01 (sunnyside lane improvement project) and city project no. 2021-02 (Zehnder road improvement project) and city project no. 2021-03 (angell Road mill & overlay) and City project No. 2021-04 (Grieve glen lane reconstruction Project) to bituminous roadways, inc. in the amount of $406,021.20, seconded by Councilmember Wahlstrom and carried. (5-0)
Motion by Mayor O’Leary to adopt Resolution No. 21-31 authorizing Ehlers to conduct the bond sale relating to City Improvement Project No’s 2021-01, 2021-02, 2021-03, and 2021-04, titled Resolution Providing for the sale of $635,000 General Obligation Improvement Bonds, Series 2021A, seconded by Councilmember Hovey and carried. (5-0)
8. NEW/OTHER BUSINESS: a. Consider Resolution Approving Participation in the All-Hazardous Mitigation Planning Process with Dakota County: Chief Sturgeon explained that he had sent his report dated July 6, 2021 and the proposed resolution to Council earlier this evening as it was inadvertently not sent with the Public Safety Report. He stated that the All-Hazardous Mitigation Plans was first adopted in 2000 and requires counties and cities to review the plan every five (5) years. He advised that all cities and townships in Dakota County participate and collaborate with Dakota County to develop, maintain, review and adjust the plan with city specific additions. He noted that participation in the plan allows cities to be eligible for both federal disaster relief and mitigation project grant funding.
The Chief explained that each city that participates must adopt a resolution authorizing participation in the plan. He noted that Sunfish Lake is somewhat unique as it is a more rural community with minimal infrastructure and no businesses.
Chief Sturgeon stated that City staff met with Dakota County to review and update the current plan and that the proposed resolution was sent to the City Attorney for review. He commented that the resolution authorizing participation with Dakota County is the same for all cities and townships in Dakota County. He advised that if Council adopts the resolution authorizing participation this evening, the plan would then be submitted to the State and FEMA for their review. He noted that this matter would then be brought before Council for formal adoption of the finalized plan prior to formal adoption of the plan at a future date within the next six (6) months. He offered to respond to questions.
Mayor O’Leary asked if there were any questions and there was no response.
Mayor O’Leary moved to adopt Resolution NO. 21-32 titled, RESOLUTION APPROVING THE PARTICIPATION IN THE ALL-HAZARDOUS MITIGATION PLANNING PROCESS WITH DAKOTA COUNTY, seconded by Councilmember Hansen and carried. (5-0)
b. Schedule Special County Meeting on August 3, 2021 at 5:30 p.m. to Discuss the Proposed 2022 Budget: Mayor O’Leary suggested that discussion of resuming in-person council meetings be held prior to scheduling the special budget meeting.
c. Discuss Resuming In-Person Council Meetings at First Calvary Baptist Church: Mayor O’Leary asked if Council was interested in conducting in-person meetings at First Calvary Baptist Church.
Councilmember Hansen asked if she could still attend by virtual means if she was traveling.
Attorney Kuntz explained that there are pathways for elected officials to attend via internet.
Mayor O’Leary suggested that staff check with First Calvary Church to determine if they have the equipment to conduct virtual meetings via internet.
Planner Ramler-Olson noted that if the church has internet service staff should be able to accommodate both in-person and virtual attendance.
Planning Commission Chair Tom Hendrickson asked if this would also pertain to the Planning Commission meetings.
Mayor O’Leary stated that in his opinion the Commission could discuss the matter.
Clerk Iago asked if everyone had been vaccinated and if those in attendance who had not been vaccinated would be required to wear masks.
The Mayor asked those in attendance to raise their hands if they had received the vaccine; a few persons in attendance had not been vaccinated.
Clerk Iago asked if those who had not been vaccinated would be required to wear masks at the in-person meetings.
Councilmember Hovey stated he was uncomfortable wearing a mask and would not wear one at the in-person meetings.
There was discussion relating to whether or not the church facilities could accommodate both the virtual and in-person meeting and whether or not those who are not comfortable attending in-person due to underlying health conditions could attend by Zoom.
Clerk Iago questioned if the church requires masks be worn by persons who have not been vaccinated and suggested that it may be wise to table this matter to the August meeting so that these issues could be addressed.
Council concurred to table discussion of resuming in-person meetings to the August 3, 2021 Council meeting and directed the Planner to contact First Calvary Church to determine if they can accommodate virtual meetings and directed the City Attorney to research the legality of persons attending the meeting either in-person or virtually.
The Mayor asked if there were any further comments and there was no response.
Mayor O’Leary moved to schedule a virtual Special Council Meeting at 5:30 p.m. on August 3, 2021 to discuss the proposed 2022 Sunfish Lake City Budget, seconded by Councilmember Bulach and 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 8:15 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.