SUNFISH LAKE CITY COUNCIL MEETING – NOVEMBER 5, 2013

8:00 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
City Engineer: Don Sterna

City Treasurer:  Ann Lanoue
Building Inspector:  David Neameyer
City Forester:  Jim Nayes
City Clerk:  Cathy Iago
and Members of the General Public.
Councilmember DeCourcy was absent.

1.   CALL TO ORDER:  Mayor Park opened the meeting at 8:00 p.m. and explained that the meeting was delayed one hour due to the school board elections and state law prohibiting public meetings until the polls have closed.

2.   APPROVE AGENDA:   Mayor Park asked if there were any additions or corrections to the agenda and there was no response.

Councilmember Hovey moved approval of the Agenda as amended, seconded by Councilmember Bulach and carried. (4-0)

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

Councilmember Bulach questioned the $10,000 item on page 2 of the financials under Forestry Expenses and asked what was included in this item.

Mayor Park asked if this included the expenditure for trees for the Arbor Day activities. 

Treasurer Lanoue commented that she may have erroneously charged the Forester’s time under this item as she is still learning the financial systems. She stated that she would check the item and report back to Council.

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

Councilmember Hovey moved approval of the Consent Agenda, seconded by Councilmember Wahlstrom and carried. (4-0)

a. Regular Council meeting minutes of October 1 and the Special Open House meeting minutes of
October 16, 2013.

b. List of Bills

c. Monthly Financials

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

5.   PUBLIC HEARING/PRESENTATION:  Mayor Park explained there was no public hearing or presentation this evening.

6.   PLANNING COMMISSION/PLANNER’S REPORT: a.   Consider 2014 Schedule for Planning Applications, Council and Planning Commission Meeting Dates: Mayor Park welcomed back Planner Michelle Barness from her maternity leave.
Planner Barness referred to the proposed 2014 Schedule for Planning Applications, Council and Planning Commission meetings. She noted that Clerk Iago had advised her this evening that the Precinct Caucuses are scheduled on February 4, 2014 and that no public meetings are allowed on that date. She also noted the following dates that Council may wish to change; the September meeting is scheduled the day after the Labor Day Holiday and the November meeting date is scheduled on Election Day.  She advised that in the past the Council has delayed the Precinct Caucus date and Election Day meeting date until 8:00 p.m. or have held the meeting on Wednesday evening instead.

Clerk Iago commented that it is difficult for her to assist the judges with the closing items on election night and also attend the meeting; she preferred conducting the meeting on Wednesday evening rather than delay the start time on election night.

Councilmember Hovey stated that he would be in town for the Labor Day meeting since his children start school the next day and Councilmember Bulach agreed.

Councilmember Wahlstrom stated she would be in Mexico for the February meeting date.

Mayor Park asked if staff was requesting action on this item tonight and Planner Barness responded no. The Planner advised that Council should review the dates and that formal adoption would be requested at the December meeting.   

b.   Planner’s Report: Planner Barness stated that the October and November Planning Commission meetings were cancelled due to lack of applications.

The Planner explained that the applicants for a Major Site and Building Plan at 2154 Charlton Road had decided to make small revision to the project which include removing the proposed second floor addition and reducing the size of the detached garage. She advised that the roof line of the home and garage would be lowered and some select windows and doors would be relocated due to the changes.  She pointed out that since the project is not increasing in scope or size and would not significantly impact the site plan, the revisions may be approved via the administrative review process.  She stated that the applicants would submit revised plans to the Planner’s office for review and a report granting or denying the requested changes would be forwarded to City staff and Council.

Mayor Park asked when construction would begin.

Councilmember Bulach explained that he had a conversation with the applicant and was told they are installing a new septic system this week,, so construction may be delayed until that is done.  

Councilmember Hovey asked if the garage would still be detached and the Planner responded yes.

Councilmember Bulach commented that basically the applicants are eliminating the second story above the garage.   

The Planner advised that her office was contacted by a potential buyer for the property located at 2058 Charlton Road; she noted the buyer expressed concern regarding the adjacent property at 2078 Charlton Road. One concern expressed related to the barbed wire fence on the property and if it would be removed as part of the site clean-up.  She indicated that barbed wire is not specifically prohibited or regulated in the Zoning ordinance and therefore removal may not be required. Another concern related to the potential well pollution from the various types of debris on the property. She explained to the buyer that the City does not test wells, but planning staff recommended they follow up with a test of their own. She also shared information with the buyer on the status of the proposed demolition and clean-up of the site. 

Planner Barness stated that the property owner at 2250 Delaware inquired about the possibility of constructing a motorized security gate on the property. She advised that the fence ordinance requires approval of a Conditional Use Permit (CUP) for such a gate and it would need to meet specific design and location criteria.  She noted that a shared driveway exists on the property for access to the lots to the south; she explained to the property owner that they could not encumber the access easement and suggested moving the gate to the north. She advised the property owner that if they chose the southern location a variance would be required. She stated she shared information on the process for seeking a CUP and a variance with the property owner.

Mayor Park asked if a variance or CUP would be necessary if the gate is moved to the north and the Planner responded that a CUP would be needed but not a variance.

The Mayor pointed out that there are several other homes in the City that have security gates.

The Planner explained that the property owner at 2558 Delaware Avenue inquired about future subdivision of their property. Staff used available aerial imagery to look at the site and found that once the wet areas and steep slopes are considered, the property cannot be divided in a manner that would allow two lots to meet the 2.5-acres. The Planner she advised the property owner a variance from lot area standards could be sought if they felt conditions on the property could meet the variance criteria for approval.

Mayor Park asked Planner Barness if she knew the name of the property owner. The Planner responded no and explained that the property owner’s realtor had contacted her office and spoke with Planner Shively. 

The Planner explained that the Metropolitan Council recently provided the Sunfish Lake preliminary population, household and employment forecasts to 2040; she stated the Met Council updates its 30 year forecasts once per decade in conjunction with the census information.  She pointed out that they are forecasting an increase in Sunfish Lake population from 521 in 2010 to 560 in 2040 and an increase in households from 183 in 2010 to 260 in 2040. She indicated that the rates of increase forecast show only 39 people between 2010 and 2040 versus up to 77 households in the same time frame.  She explained that staff reviewed the provided forecasts with the 2008 City Comprehensive Plan for available land for development of new homes. She noted the Comp Plan provides a development potential map indicating that a total of 228 single family homes are possible in the City at full build out. She further explained that the City has no medium or high density development and none is anticipated due to limiting conditions such as the lack of sewer and water infrastructure. She pointed out that after the Comp Plan review staff noted that the Met Council is estimating that the City could provide 32 more households than estimated in the Comp Plan. 

Planner Barness stated she corresponded by email with Met Council representative Patrick Boylan regarding the discrepancy between the Met Council and the City Comp Plan estimates and Mr. Boylan agreed that Sunfish Lake currently has limited potential for higher density development. She explained that Mr. Boylan indicated that the information provided by the City to the Met Council would be considered prior to finalizing their preliminary forecasts. 

The Planner explained that once the Met Council forecasts are finalized the City would have to take the information into account for future Comp Plan updates. She stated that it is the opinion of staff that it is important that Sunfish Lake’s analysis of development potential be explained to the Met Council before they establish their forecasts. She recommended that Council authorize staff to compose and mail official correspondence to the Met Council summarizing the observed discrepancy between their forecasts and the development potential as provided in the 2008 Sunfish Lake Comprehensive Plan.

Council concurred to authorize staff to send correspondence to the Met Council as outlined.

Council thanked the Planner for her report.

7.         STAFF REPORTS:  a.  Building Inspector: Building Inspector Neameyer stated that he issued eight (8) building permits in September and closed six (6) permits. 

Council thanked the Inspector for his report.  

b. City Engineer: 2014 Street Reconstruction Project: Engineer Sterna advised this item would be discussed later on the agenda.

MnDOT TH 110 Improvements: Engineer Sterna advised he sent a note to Jon Solberg at MnDOT outlining the City’s concerns with the proposed improvements and access issues on Highway 110. He explained that the City did not favor or support the proposed closing of the access points along the highway. He pointed out that the proposed project is scheduled out to 2017 and that he would keep in touch with Mr. Solberg and keep Council updated on the project.   

Public Works Activities Undertaken in October:  2013-2014 Snow Plow Quotes:  Engineer Sterna advised that he notified Ace Blacktop they were selected for the upcoming contract year and that he discussed the Councils’ concerns  with their staff. He stated he will monitor their work to ensure the issues are being addressed and asked council to notify him of any resident concerns with the snow and ice removal so he may resolve the issues in a timely manner. 

Councilmember Hovey thanked the Engineer for taking care of Charlton Road; he noted there is still wash-out at the end of the road near the highway. The Engineer explained that he would repair that area in the spring since it would do no good to attempt a repair at this time.

Councilmember Wahlstrom commented that the City had discussed paving that area of the road to the parking lot of the church property. Engineer Sterna agreed and explained it is one option Council may discuss in conjunction with the CIP.  

Anticipated Engineering Activities for the Month of November: 2014 Street Improvement Project: The Engineer stated he is anticipating Council approval of the Feasibility report and authorization to prepare final plans for this project later on the agenda. He explained that the plans would be prepared and scheduled for approval at the January Council meeting; he noted that once the plans are approved they would be sent out for bids.

Councilmember Bulach commended the Engineer for his presentation to the residents at the Special Open House meeting on October 16, 2013.

Council thanked the Engineer for his report.

c. CITY FORESTER: Forester Nayes stated he issued two (2) burning permits since his last report.

The Forester stated that five (5) possible oak wilt samples were submitted to the U of M Plant Disease Laboratory this summer and only one sample was positive for oak wilt.  He stated he had discussion with some residents on methods for slowing the spread of oak wilt.  He noted two recent tests were positive for bur oak blight (BOB) which is a foliar disease of bur oaks and can cause decline and death in some individual trees.  He pointed out it is chemically treatable for certain high value trees.

The Forester reported that the young trees in Harmon and Musser Parks and along Salem Church Road were maintained by mowing, clearing tree tubes and installing deer rub protection. He stated that the trails in both parks were cleared of brush and logs and spot spraying of burdock was done. He further advised that he marked known oak wilt trees for removal within old oak wilt infection sites and pruning was completed along the west end of Windy Hill Road. He stated he had received positive comments from residents regarding the trail maintenance and that he removed a downed tree that was across the walking path. He also stated that normally the street edge mowing needs to be done twice during the summer season, but a second mowing was not required this year.

Council thanked the Forester for his report.

d. PUBLIC SAFETY: Chief Shaver reported there were five (5) false alarms, two (2) fire alarms and one (1) fire call for a person stuck in a home elevator in the City this month. He reviewed the public safety report and explained that the officers were unable to find the source of gunshots hear in the area of Salem Church Road. He noted that there is a gun range in the City of Inver Grove Heights along Argenta Trail and the Police Chief of that City asked residents to call if they hear further gunshots so that he can keep a record of complaints.

The Chief explained that a suspicious person call turned out to be a member of the Metro Bowhunters Association, but he urged residents to call when they witness any suspicious persons or activities. 

Council thanked the Chief for his report.

8.   NEW/OTHER BUSINESS: a. Consider Resolution Adopting Feasibility Report and Ordering Preparation of Plans and Specifications for the 2014 Street Improvement Project: Engineer Sterna explained that he had revised the Feasibility Report for the 2014 Street Improvement Project by removing Upper 55^th Street from the project, but that the basics of the report remain the same.
The Engineer advised that core samples were taken from the two sections of Angell Road. He stated that the samples were the same depth; however he pointed out the difference in the density and color of the two samples. He noted that the differences are most notable in the first lift of the bituminous that was placed on the road sections and indicated that the bituminous may not have been compacted properly on the section of the road that is currently scheduled for the overlay. He also noted that there may have been issues with the sub-grade materials and he further pointed out that the bituminous mix design may have been changed within the last 15 years. He commented that it is difficult to determine how materials will react when design changes are incorporated since the reaction may not be seen right away.

Mayor Park recalled that Angell Road and Sunnyside Lane were installed in the 1980’s.  The Engineer pointed out that the sections of the road may have been installed at different times during that time-frame. He noted that Windy Hills Road was installed in the 1990’s but it is in worse shape. 

Engineer Sterna stated that in order to keep the project moving forward, he requests that Council adopt the feasibility report and order the preparation of plans and specifications for the project.  He explained that he would then prepare the plans and specifications and have a clearer cost analysis for presentation to Council at their first meeting in January, 2014.  He advised that after review of the plans and specifications at the January meeting, Council could then approve the plans, order the project and authorize staff to solicit bids.  He noted that approving the feasibility report does not approve the proposed assessment roll and that would not be done until after the project is completed in September next year. He further advised that a public hearing would be conducted to discuss the proposed assessment at that time and affected property owners would have 30 days to appeal an assessment.

Councilmember Bulach asked if the work would be completed prior to the assessment hearing.

The Engineer responded yes and advised that the Council has the option to hold the public hearing prior to awarding the bid for the project, but that is usually done with larger improvements.

Mayor Park asked if there were any questions.

Attorney Kuntz reiterated that if Council approves the feasibility report and authorizes the preparation of plans and specifications for the project the plans would then be reviewed at the first meeting in January, 2014. He commented that Council could conduct a public hearing in February since they would have more defined cost estimates for the project.

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

The Clerk noted that there was no resolution for adoption. The City Attorney advised that it would be appropriate for Council to take action to accept the report by motion rather than a resolution. 

Councilmember Bulach moved to accept the Feasibility Report dated October 23, 2013, seconded by Councilmember Wahlstrom and carried. (4-0)

Councilmember Hovey moved to authorize the City Engineer to prepare plans and specifications for the 2014 Street Improvement Project, seconded by Councilmember Bulach and carried. (4-0)

b.  Schedule Special Meeting to Conduct Consultant Reviews on December 3, 2013 at 5:00 p.m. Clerk Iago explained that the Council annually schedules a special meeting to conduct consultant reviews and that it is usually held prior to the regular Council meeting in December. She explained that the consultants had agreed to the proposed schedule as outlined in her memorandum dated October 30, 2013.

Councilmember Wahlstrom moved to schedule a Special Meeting to Conduct Consultant Reviews on December 3, 2013 at 5:00 p.m., seconded by Councilmember Hovey and carried. (4-0)

c.  Consider Resolution Authorizing Submission of the 2014 Small Community Funding Application to Dakota County Requesting Funding to Operate a Citywide Recycling Program: Clerk Iago explained that the City annually submits the application to Dakota County for funding to operate a Citywide Recycling Program. She advised that Dakota County also requested that Council authorize the Mayor and/or City Clerk to execute an amended Joint Powers Agreement (JPA) between the City and the County for the 2014 Waste Abatement Community Funding.  The Clerk explained that the County provided a “draft” copy of the JPA and advised that the finalized version would be sent upon receipt of the City’s application.  She explained that the City Attorney would review the document prior to the Mayor or Clerk signing it and if any issues were raised by the Attorney, the document would be presented to Council for further discussion.

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

Councilmember Wahlstrom  moved to adopt Resolution No. 13-15 titled, RESOLUTION AUTHORIZING SUBMISSION OF THE 2014 SMALL COMMUNITY FUNDING APPLICATION TO DAKOTA COUNTY REQUESTING FUNDING TO OPERATE A CITYWIDE RECYCLING PROGRAM, seconded by Councilmember Bulach and carried. (4-0)

Councilmember Wahlstrom moved to authorize the Mayor or City Clerk to execute the Joint Powers Agreement for 2014 Waste Abatement Community Funding with Dakota County pending review and approval from the City Attorney, seconded by Councilmember Hovey and carried. (4-0)

d.   Consider Approval of Letter to Citizens Regarding an Open House Meeting on November 20, 7:00 p.m. to Document Citizen Concerns Relating to the Proposed R-NAV Flight Pattern Implementation Scheduled for Fall 2014: Mayor Park explained that she wished to conduct an Open House meeting to receive citizen comments and concerns regarding the FAA’s proposed new R-NAV system for the airport. She explained that concerns would be presented at the meeting and/or sent in by email. She stated that a smaller committee would be formed to formulate a statement for presentation to the appropriate entities which includes the concerns. She advised that Councilmember Hovey and the City’s Noise Oversight Committee Representative Mike McDonald would also attend the meeting. She advised that the R-NAV system was scheduled to be implemented next fall and it may be delayed, however; she would prefer the City be pro-active and express its concerns at this time. She stated the proposed statement would be presented to Council at their December meeting for review and approval prior to sending it to the appropriate entities and she asked for Council approval of the letter. She suggested that notification of the meeting be placed on the City website

Mayor Park asked if there were any comments or questions and there was no response.
Councilmember Bulach moved to authorize the Mayor to move forward with sending the letter and conducting the Open House meeting on November 20, 2013, seconded by Councilmember Wahlstrom and carried. (4-0).

d.  Other Business:  Miscellaneous: Attorney Kuntz explained that Council would be adopting the 2014 Final Budget and Tax Levy at their December meeting. He suggested that Council contact the City Treasurer with any questions prior to the meeting.

Councilmember Wahlstrom recalled that when the lease with St. Anne’s Church was discussed there was a provision to install a motion sensor light outside the entrance door.

There was staff discussion regarding whether or not the light installation it was part of the formal lease document.

Attorney Kuntz review the document and did not find any formal action relating to the light installation. Treasurer Lanoue explained she is a member of the church and there has been discussion of the lighting and other maintenance issues and the expense appears to be the main issue.

Clerk Iago explained she was reviewing the possibility of a grant from the State of Minnesota for handicapped access for elections and she would review the grant application to determine if lighting could also be included.

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

9.   ADJOURN: Councilmember Wahlstrom moved for adjournment at 8:53 p.m., seconded by Councilmember Hovey and carried.  (4-0)

___________________________                                           ___________________________

Molly Park., Mayor                                                                 Catherine Iago, City Clerk