SUNFISH LAKE CITY COUNCIL MEETING MINUTES - AUGUST 4, 2015

7:00 P.M. – St. ANNE’S EPISCOPAL CHURCH

Attendants:

Mayor: Molly Park

Councilmembers: Mike Hovey, JoAnne Wahlstrom and Steven Bulach

City Attorney: Tim Kuntz

City Planner: Michelle Barness

Engineer: Don Sterna

City Treasurer: Ann Lanoue

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

and Members of the General Public.

Councilmember Cathy DeCourcy and Police Chief Manila Shaver were 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. She noted that the City Forester requested his report be moved to earlier on the agenda as he had an appointment.

Council concurred to move the Forester’s report earlier on the agenda after Item 5. Presentations.

The Mayor asked if there were any further changes and there was no response.

Councilmember Hovey moved to adopt the agenda as amended, seconded by Councilmember Bulach and
carried. (4-0)

3. CONSENT AGENDA: Mayor Park asked if there were any questions or comments relating to any items on the Consent Agenda.

The Mayor noted that Mr. Bancroft had requested clarification of his comments on page 5 of the minutes regarding the storage building on the Schlehuber property. She asked the Clerk to amend the paragraph as follows:

"Mr. Bancroft commented that the storage building on the property was recorded, however, there is also a screened gazebo on the property that was not recorded on the survey. He noted that the current ordinance only allows two accessory buildings on the site and he wished to publicly make note of the two buildings so if another building is requested it would not be allowed."

Mayor Park asked if there were any further comments and there was no response.

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

5. PRESENTATION: a. Dana Nelson, Metropolitan Airport Commission (MAC): Mayor Park introduced Dana Nelson, Chair of Environmental Issues at the MAC, and Derrick Anderson, Acoustic Technician at MAC.

Dana Nelson explained that a noise monitor would be placed in town to provide an update Council on all airplane noise activates that it monitors. She stated that the Noise Oversight Committee (NOC) had determined these monitors should be placed in various cities to assess noise levels and she noted that there are currently 39 monitors placed around the airport, but until now none in the City of Sunfish Lake. She advised that the monitor would be in place for seven (7) consecutive days to capture airplane departure events and that a report would be compiled of the departure events. She noted that the placement was approved in Sunfish Lake at the July 22 NOC meeting and the scope of the project was to monitor existing aircraft noise for a seven consecutive day period of time. She explained that the monitoring could be delayed due to weather conditions.

Ms. Nelson explained that the location for placement of the monitoring system was decided by the Mayor and MAC and noted that the monitor was to be placed on public land so that access could be obtained without trespassing on private property. She also noted that the placement of the monitor must correspond with known departure tracks for the airplanes and had to be close to residential homes to monitor the noise levels. She stated that the location would not be divulged until the study has been completed.

Ms. Nelson advised that the monitor equipment was laboratory grade and calibrated and certified to record the noise level twenty-four hours a day for seven consecutive days. She stated that at the end of the monitoring period, the data would be compared to the flight tracking system for specific aircraft that generates noise. She noted that the information could not be used for eligibility for noise mitigation funding only to assess baseline noise levels. She offered to respond to questions.

Councilmember Wahlstrom commented that she was happy that the system had been installed in the City.

Mayor Park explained that the monitoring system installation would be critical to study and identify neighborhoods where there are noise issues and the information would be used proactively. She commended MAC and the NOC for their efforts relating to noise abatement for cities. She noted that a photo was taken of a child near the object and that its placement may be revealed in an upcoming issue of the City newsletter. She asked if there were any questions from the audience.

Dominic Criano asked if the monitor would be placed within the recognized flight plan and Ms. Nelson responded yes.

The Mayor asked if there were any further questions and there was no response. She thanked Ms. Nelson and Mr. Anderson for their presentation.

Mayor Park asked if the Forester wished to present his report at this time.

Engineer Sterna advised that there was a topic in the Planner’s report regarding the landscaping issue at 240 Salem Church Road and that the Forester’s input may be required. Forester Nayes agreed to remain to respond to questions on this item.

6. PLANNING COMMISSION/PLANNER’S REPORT: a. Review Fill Revisions to Major Site & Building Plans, 240 Salem Church Road: Planner Barness explained that the Vansteenburgs wished to revise the approved Major Site and Building Plans that were approved by Council in January, 2015 in order to provide an area for fill on their property. She stated the applicants are proposing to add approximately 2,300 cubic yards of fill as a result of excavation of their new home to an area on the northeast portion of the site, south of the approach driveway. She advised that the excavated materials were supposed to be hauled off-site, however, the applicants explained it would be more economical to keep the materials on site and they worked with the City Forester and City Engineer to review the proposal to insure it meets all ordinance standards. She stated that the plan was not significant to warrant a public hearing and review by the Planning Commission, however, it was the opinion of staff that Council action was warranted. She advised that notices were sent to adjacent neighboring properties.

The Planner explained the fill activity would require the removal of a number of trees and would also impact an extensive area of site vegetation. She distributed a drawing that more accurately showed the tree inventory and advised that as many as 32 significant sized trees were identified for removal within the proposed fill site. She stated that the City Forester visited the site and recommended several tree protection and vegetation restoration and replacement measures. She noted the Forester’s recommendations were included in his email dated July 23, 2015 and included seeding the slopes with shade tolerant grasses, a natural understory of native trees and shrubs be re-established and 20 native hardwood trees be installed to replace removed specimens.

Planner Barness stated that the City Engineer also reviewed the proposed grading and storm water management for the fill area. She advised that the Engineer’s recommended conditions were included in his memorandum dated July 27, 2015 and language was incorporated into the draft resolution for approval of the request to insure these conditions and all criteria for the initial plan approval are met. She further explained that Council has the flexibility to determine the number and size of the replacement trees to be installed after discussion with the City Forester.

Mayor Park stated she walked the site with the project manager and she asked Steve Clinton of Norson Builders how much fill had already been taken from the site.

Mr. Clinton stated that 5,000 cubic yards were taken from the site, which fulfilled the initial approval of the application for the new home construction. He explained that approximately 2,500 cubic yards remain on site at this time and the applicants propose to place 2,300 cubic yards in the ravine area on the property. He stated that he would stop the fill project once it reached the drip line of the existing trees and would then remove any additional fill from the site.

Mayor Park commented that in her opinion the ravine is a very long area and it is very steep. She noted that there was a substantial amount of rip-rap placed near the property due to drainage issues when the Nancy Pine Meadow development was approved by the City. She questioned if stormwater would be a problem.

Mr. Clinton stated the fill should not go beyond the area where the rip-rap is placed and that the applicants would replace any materials if that should happen.

Engineer Sterna explained that when Nancy Pine Meadows was developed there were issues with stormwater runoff, however, the developer installed a pipe with a dike to carry water to the west and also rack to slow the water velocity. He indicated the materials installed were to control larger storm events and that this proposal does not increase impervious surface and therefore should not affect the overall drainage. He pointed out that the ravine is deep and narrow, but the fill does not change the drainage pattern, only the vegetation.

Planner Barness stated she had a telephone call from a neighbor that was concerned about the tree removal and she advised that a restoration plan would be included in the conditions.

There was discussion relating to the culvert elevation changes with the fill placement and Mr. Clinton explained that the culvert would be raised approximately 3 ft. with a 4 to 1 slope.

Mayor Park asked the Forester for his comments on the project.

Forester Nayes stated he walked the site with the project manager and found the primary vegetation in the ravine to be Buckthorn, Honey Suckle, and Elm trees, which most likely would die from Dutch Elm disease. He pointed out that the long term trees are higher on the slope of the ravine and that he recommended replanting to introduce new species to the site. He further stated that seeding and understory plant materials would assist with erosion and he noted that a high percentage of the existing vegetation to be removed would be classified as "invasive" species.

Councilmember Wahlstrom asked if a rain garden installation would help and Engineer Sterna explained that it would not be worthwhile due to the flatness of the area.

Mayor Park advised that one of the neighbors wished to have the area seeded as soon as possible to avoid erosion.

Mr. Clinton agreed that the applicants also wish to establish ground cover as soon as possible.

Mayor Park asked the Forester if there was any flexibility with the number of trees to be replanted.

Forester Nayes explained that a 2-inch tree would be the standard size required for replanting, however, he suggested that it would be possible in this area to reduce the size of the required tree so that more could be planted.

Planner Barness suggested that the condition could be drafted to require "up to" a certain amount of trees.

Mr. Clinton pointed out that smaller diameter trees would be more apt to survive in the ravine area.

Forester Nayes agreed and recommended protection be placed around the trees to prevent damage from deer.
Mayor Park commented that if the request were denied, approximately 300 truckloads of fill would have to be removed from the site.

Councilmember Bulach questioned why the large amount of fill was missed with the initial site plan.

Mr. Clinton explained that the grading plan did not change, however, there was an issue with the calculation for the amount of fill to be removed.

The Mayor asked if the City Attorney had any comments.

Attorney Kuntz stated that approval of the request requires a majority vote by Council for approval and if Council wishes to deny the request, staff could prepare a resolution listing the rationale for denial.

Councilmember Bulach asked if the fill would be compacted or just dumped into the ravine.|

Engineer Sterna indicated that light compaction should be done so there are no voids and suggested that a small bulldozer could be used for the project.

Mr. Clinton agreed that lighter equipment could be used for the compaction.

Councilmember Hovey asked if rip-rap should be installed.

Engineer Sterna explained that would not be necessary, but turf establishment should be installed immediately for erosion control and silt protection would have to be installed by the property owner.

Councilmember Bulach asked if staff would oversee and review the project.

Engineer Sterna stated that the applicant should notify staff when the project begins and that he would check on the progress at least twice a week.

Mayor Park asked what size trees and how many would be appropriate for replacement planting.

Forester Nayes suggested the same amount of trees for replacement, 1-1/4-inch in size, with deer protection.

Mayor Park asked if there were any further questions or comments and there was no response.

Councilmember Bulach moved to adopt Resolution No. 15-17 titled RESOLUTION APPROVING A GRADING AND FILL AMENDMENT TO MAJOR SITE AND BUILDING PLANS FOR THE PROPERTY LOCATED AT 240 SALEM CHURCH ROAD, LEGALLY DESCRIBED AS LOT 4, BLOCK 1, NANCY’S PINE MEDOW, DAKOTA COUNTY, MINNESOTA, subject to the conditions as listed in the resolution and with the additional conditions and amendments as follows:

3) Turf establishment must be installed within one week of completion of the fill installation;

seconded by Councilmember Hovey.

Councilmember Hovey asked if cleaning of the lower rip-rap area should be included in the conditions and Engineer Sterna responded yes.

4) Cleaning of the rip-rap area must be done, if necessary, after project completion.

Attorney Kuntz asked if the applicants plan to move into the home before the spring next year.

Mr. Clinton responded yes.

Engineer Sterna suggested that an escrow account could be established to replace any plantings that do not survive in the spring next year.

Mr. Clinton explained that the homeowners plan to move in to the home in January, 2016, however, the landscaping and vegetation would not be completed at that time. He indicated that the landscaping would be installed in the spring.

Attorney Kuntz suggested that a site inspection could be done prior to the move.

Mayor Park asked if there were any further questions and there was no response. She called for a vote on the motion.

Motion carried. (4-0)

7. c. CITY FORESTER: Forester Nayes stated that he issued no burning permits this month and he removed a tree blocking one lane of Salem Church Road on July 13. He explained that three live trees fell into the streets and were also removed. He noted that he had been monitoring dead trees to prevent them from falling into roadways, however, it is not possible to determine if a live tree would fall into the road.

The Forester advised that he meet with Mrs. Coss regarding evergreen tree species for screening between her and her neighbors driveway to the west and also he met with the contractor at 240 Salem Church Road regarding trees issues. He stated he consulted with various residents on burning permit and trees issues during the month and offered to respond to questions.

Council thanked the Forester for his report.

6.b. Review Landscape Screening Plan for Driveway Easement Area, 295 Salem Church Road: Planner Barness referred to her report dated July 29, 2015 and explained that approval for the platting and development of the property at 295 Salem Church Road required provision for screening along the west edge of the driveway easement to prohibit negative impact from traffic on adjacent neighbors. She explained that some of the plantings initially installed had died over time and the City Zoning ordinance requires replacement of dead plantings. She stated that a letter was sent to the property owner in March this year requesting a new landscape plan be submitted for replacement screening along the west edge of the driveway, which was to be reviewed by the Planner and Forester and approved by Council. She noted that the property owner had been out-of-town and upon return had responded to the letter.

The Planner stated that the City Forester met with the property owner on July 21, 2015 to discuss possible locations and species for plant installation along the driveway. She stated that the Forester recommended three (3) Canadian Hemlock trees, 4-feet in height to allow them to better acclimate to local conditions. She noted that the Forester recommended watering and mulching of the trees and that the installation be done as soon as possible to allow establishment before winter. She advised that he agreed to visit the site when installation occurs to assist with placement for screening purposes.

Councilmember Bulach asked if there was a timeline for the installation.

Planner Barness explained that originally Council had asked that the installation occur by early May, however the property owner was not in town until June and did not meet with the Forester until July.

Mayor Park noted that the other adjacent neighbor, Mr. Brackey, had submitted a letter regarding the easement area that would be discussed by the City Attorney.

Attorney Kuntz distributed a copy of the private driveway access agreement and referred to the survey attached to the document showing an easement area where the plantings are proposed. He noted that the easement does not abut the Coss property and that the segment of land where the plantings are proposed actually belongs to Mr. Brackey. He noted that Mr. Brackey had reviewed the proposed landscaping plan and agrees that the plantings may be installed in that area.

There was discussion as to whether or not Mr. Brackey should be responsible for the plantings. Attorney Kuntz explained that the condition for planting was attached to approval of the Coss request and Mr. Brackey would not be responsible for the plantings or landscaping replacement.

The Attorney advised that the current plan is somewhat different than the original plan approved 17 years ago, however, it appears that the original plan did not work, since the plant materials died. He commented that with approval of this plan and going forward in time the property owner would be required to maintain the screening as shown in this plan. He indicated that some type of "tracking" mechanism should be used in the future such as a recorded resolution that is filed with Dakota County on the property.

Councilmember Bulach asked if the neighbors who are affected by the traffic flow had seen the proposal.

Planner Barness responded no, but offered to send them the plan. She noted that the staff and Council have done their best to meet the previous conditions for approval of the home construction and that action from Council should include a motion for approval of the new screening plan.

Councilmember Bulach suggested that the neighbors should be included in the planning stage to determine if it meets their expectation and if they approve.

Attorney Kuntz pointed out that the ultimate power to approve the plan rests with Council, however, it would be considerate to receive their input. He noted that Council has the authority to change the landscaping plans for any previous approval if it is determined the original plan does not work or should be modified.

Planner Barness stated she could provide the plan to the neighbors to receive their input and then staff could prepare a resolution for consideration at the next meeting.

Councilmember Wahlstrom moved to direct the Planner to send the proposed screening plan to the adjacent neighbors to receive their input, to prepare a resolution for approval of the plan for consideration by Council at the September meeting, and to notify all affected property owners that the plan would be reviewed at the September meeting so that they may attend, seconded by Councilmember Hovey and carried. (4-0)

c. Planner’s Report: Planner Barness referred Council to her listed in her report dated July 29, 2015 and advised that the Planning Commission meeting for July was cancelled due to a lack of applications. She offered to respond to questions regarding the list of Planning and Zoning Inquiries. She noted that there are three items for discussion on the August Planning Meeting agenda; a Major Plan Review for property at 100 Salem Church Road, information from the Building Inspector regarding to the three (3) tiers of building material quality, and a discussion of an Alternative Energy Systems ordinance. She noted that a recommendation from the Planning Commission regarding the three tiers of building material quality and the Alternative Energy Systems ordinance would be presented to Council at their September meeting.

Council thanked the Planner for her report.

7. STAFF REPORTS: a. BUILDING INSPECTOR: Building Inspector Andrejka reported that he issued five (5) permits and closed three (3) permits in July. He offered to respond to questions

Council thanked the Inspector for his report.

b. CITY ENGINEER: Engineering Activities Undertaken in July: 2016-2020 CIP Update: Engineer Sterna explained that he had sent Council the final draft of the CIP which included moving the easterly section of Salem Church Road reconstruction up to 2017 due to the rapid deterioration of surface conditions that are occurring. He explained that any final comments received this evening could be included in the final report prior to its adoption.

City of Sunfish Lake Benchmark Report: The Engineer stated that the City Benchmark report and map was finalized and forwarded to Councilmember3 Hovey to upload on the City website. He noted the information would assist residents and new site development by establishing the property surface elevations for critical water elevations and grades.

NPDES Permit Audit with MPCA: Engineer Sterna explained that he was contacted by the MPCA to request a review and audit of the MPDES permit. A meeting is scheduled for August 13 to review their comments and audit findings and he would present this matter for Council discussion at the September meeting. He noted the MPCA randomly selects cities for this review and audit to ensure that they are in compliance and if any further actions items need to be included in the MPDES permit and action plans.

Building and Site Reviews: The Engineer referred to the building and site plan reviews he had completed during the month of July.

Engineer Sterna explained that he checked the MnDOT guard rail replacement on the three corners on Pieper Road and it is his opinion the rail on the east bound portion of the road was not replaced since it was most likely not warranted. He noted that in his opinion it was not needed and in some instances the placement of a guard rail may be more of a hazard than helpful.

Public Works Activities Undertaken in the Month of July: Angell Road Culvert Surface Repairs: The Engineer advised that the contractor completed the pavement repairs but in his opinion it was a poor repair job. He stated he would meet with the contractor tomorrow to discuss what should be done to correct the problems before a final assessment of the project is made.

Anticipated Engineering and Public Works Activities for August: Engineer Sterna stated he would finalize any comments from discussion of the CIP at this meeting and prepare the document for formal adoption in September.

Councilmember Hovey asked when Charlton Road would be re-graded and noted the surface of the road is extremely rough. The Engineer responded that he would contact Pine Bend Paving regarding the matter.

Council thanked the Engineer for his report.

d. PUBLIC SAFETY: Mayor Park explained that Chief Shaver was attending the Night to Unite events and would not be in attendance this evening. She distributed his report dated July 29, 2015 and also a summary of the calls for service during the month. She noted that there would be an article placed in the next issue of the City newsletter regarding how to prevent burglaries.

Councilmember Wahlstrom suggested the article include a statement requesting residents call the Police Department to discuss preventative measures if they have concerns about their property.

Council thanked the Mayor for presenting the report.

8. NEW/OTHER BUSINESS: a. Consider Approval of 2016-2020 Capital Improvement Plan (CIP): Engineer Sterna explained that the 2016-2020 Capital Improvement Plan (CIP) contained the change to move improvement of the easterly portion of Salem Church Road and the improvement to Roanoke Road to 2017. He asked if there were any further changes Council wished to incorporate into the document.

Councilmember Hovey stated he wished to have some type of improvement done on the north end of Charlton Road since that portion of the road from Highway 110 to just past the church property has the most maintenance problems.

Mayor Park asked if he preferred the roadway to be paved along that portion and if the project could be done in 2016.

Councilmember Hovey responded yes and indicated that the paving should at least extend from Highway 110 to the end of the church property.

Attorney Kuntz explained that Council could direct the City Engineer to prepare a feasibility report for the project which would have to be ordered this fall if the project were to proceed in 2016.

Engineer Sterna explained that he had completed research relating to right-of-way and easement acquisition along the road and that he could prepare a few scenarios for the feasibility report. He further suggested that Council could request citizen participation if they deemed it necessary.
There was discussion regarding paving only a portion of the road and relating to conducting a traffic study on the road. Councilmember Hovey pointed out that the traffic count monitor would have to be placed near Highway 110 to obtain a correct traffic count, since most of the traffic from Highway 110 accesses the church property.

Engineer Sterna commented that maintenance costs for the gravel road surface increase each year due to the lack of property drainage culverts.

There was further discussion relating to what portion of the road could be included in an improvement project.

Councilmember Bulach asked if the Engineer could prepare an estimate of costs for only the portion of the road that begins at Highway 110 and ends at the church property and Engineer Sterna responded yes.

Councilmember Bulach moved to direct the City Engineer to prepare a rough estimate of cost to install bituminous surfacing on Charlton Road from Highway 110 to the end of St. Anne’s Church property, seconded by Councilmember Wahlstrom and carried. (4-0)

Mayor Park asked if there were any further comments or changes to the CIP document and there was no response.

Councilmember Hovey moved to approve the 2016-2020 Capital Improvement Plan as presented by the City Engineer and dated July 31, 2015, seconded by Councilmember Wahlstrom and carried. (4-0)

b. Discuss Proposed City of Sunfish Lake 2016 Budget: Treasurer Lanoue referred Council to the memorandum from Attorney Kuntz dated July 29, 2015 and stated that she would prepare the proposed 2016 "Not-To-Exceed" Budget documentation for adoption by Council at their September meeting as discussed at the budget study meeting earlier this evening. She noted that Council has the option to consider reducing the budget at their public hearing in December, but that they cannot increase the budget at that time. She explained the preliminary budget must be certified to the County in September.

Council concurred to direct the Treasurer to prepare the documentation for the 2016 proposed budget as discussed at their study meeting for adoption at their regular meeting in September.

d. Other: Mayor Park asked if there was any further business and there was no response.

9. ADJOURN: Councilmember Hovey moved to adjourn the meeting at 8:36 p.m. seconded by Councilmember Bulach and carried 4-0)

____________________________ ________________________________

Catherine Iago, City Clerk Molly Park, Mayor