SUNFISH LAKE CITY COUNCIL MEETING – NOVEMBER 7, 2012
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Richard Williams
Councilmembers: Judy MacManus, Mike Hovey, Roger Conant and JoAnne Wahlstrom
City Attorney: Tim Kuntz
City Engineer: Tom Voll
City Treasurer: Mike Blair
City Planner: Michelle Barness
Building Inspector: David Neameyer
Police Chief: Manila Shaver
City Clerk: Cathy Iago
and Members of the General Public.
City Forester Jim Nayes was absent.
1. CALL TO ORDER: Mayor Williams opened the meeting at 7:00 p.m.
2. APPROVE AGENDA: Mayor Williams asked if there were any additions or corrections to the agenda.
City Clerk Iago requested that the agenda be amended to include an additional item under 8.b. Resolution Authorizing Submission of the 2013 Small Community Funding Application to Dakota County Requesting Funding to Operate a Citywide Recycling Program; she asked that approval of an amendment to the Joint Powers Agreement (JPA) with Dakota County be included.
Councilmember Conant requested that discussion of the variance process be added under New/Other Business. The Mayor added the discussion as Item 8.f.
The Mayor asked if there were any other additions and there was no response.
Councilmember Hovey moved approval of the Agenda as amended, seconded by Councilmember Wahlstrom and carried. (5-0)
3. CONSENT AGENDA: The Mayor asked if there were any questions or comments relating to any items on the Consent Agenda.
Councilmember Conant noted the expenditures were over in the building permits. Treasurer Blair explained that the overage relates to increased building permit income.
The Mayor asked if there were any further comments and there was no response.
Councilmember Wahlstrom moved approval of the Consent Agenda, seconded by Councilmember MacManus and carried. (5-0)
a. Regular Council Meeting Minutes of October 2, 2012.
b. List of Bills
c. Monthly Financials
4. COMMENTS FROM THE PUBLIC: Mayor Williams asked if there were any comments from the public and there was no response.
5. PUBLIC HEARING: None.
6. PLANNING COMMISSION/PLANNER’S REPORT: a. Planning Report: Planner Barness reviewed the planning report dated October 31, 2012.
2013 Council and Planning Commission Meeting Schedule: Planner Barness referred to the Planning Update dated October 31, 2012. She advised that there was no Planning Commission meeting in October due to lack of development applications. She stated that Council approved the request for a Major Site and Building Plan and two (2) conditional use permits for an additional accessory building and an entry gate at 2400 Delaware Avenue at their October meeting.
The Planner explained that an application for a Minor Site and Building Plan review was received and approved for a home addition at 2600 Delaware Avenue. She explained the proposed addition would extend the finished floor area of the existing principal building by 18 sq. ft. and extend the affected portion of the home 18 inches closer to the Hornbeam Lake shoreline. She noted that the home appears to meet the 200 ft. shoreline setback requirement; therefore no variance is necessary to proceed with the proposed addition. She further advised that staff found the addition would not significantly impact site landscaping, grading, drainage, lighting, utilities or septic/sewer systems. She stated that the application was sent to staff, Council and neighbors and no comments were received. She explained that administrative approval of the application as submitted was granted on October 30, 2012.
Planner Barness advised that three inquiries were received from Paul Dorn relating to the following properties:
345 Salem Church Road – Staff was contacted by Mr. Dorn, who represents potential buyers of this property. Staff met with the prospective buyers and Mr. Dorn to discuss development potential of the site and to briefly review previous application made for the site. The Planner stated that no official application has been made by the family wishing to purchase the property at this time, but it appears that their intent is to inhabit and maintain the existing home. She noted that there was some discussion of a minimal horizontal expansion of the home or finishing the existing basement, amongst other possible changes. No second floor expansion was proposed. She stated that staff provided the prospective buyers an overview of the ordinance regulations as they pertain to the site and the outcome of the former application for subdivision of this property.
Councilmember Conant asked if the buyers are in contract to or if they have already purchased the property.
Planner Barness stated that they had not yet purchased the property when she met with them.
Councilmembers Conant and MacManus stated they had heard the property had been sold. The Planner commented that she was not aware of the sale at this time and merely wished to make Council aware of the possible plans for the site.
24 Windy Hill Road – Staff received an inquiry from Paul Dorn regarding subdividing this property. The Planner explained that this property underwent an application for subdivision into two single family lots in 2005; a variance from the net lot area was requested at the time since the individual parcels did not meet the required net lot area of 2.5-acres. She stated the application was withdrawn since it was determined that a variance from the net lot area should not be approved due to the fact that the applicants had not demonstrated undue hardship. Staff contacted Mr. Dorn to relate the net lot area issue and the outcome of the former application for subdivision of this property.
2154 Charlton Road – Staff received an inquiry from Paul Dorn regarding whether or not the home could expand a garage west into the required 50 ft. side-yard setback. The Planner stated that there is an easement running along the west boundary of the property and the homeowners wished to be able to count the easement as part of the required 50 ft. setback so the expansion would be possible. She explained that Alan Brixius and the City Attorney examined the easement and County property records and determined that the easement cannot be counted as part of the required side-yard setback. We advised the applicants to contact the neighbor regarding acquisition of the land described in the easement and pursue a lot line adjustment so that the area may be considered in the required side-yard setback to meet ordinance regulations for the garage expansion.
The Mayor asked if the property owners obtained the necessary lot line adjustment if they could proceed with the expansion and the Planner responded yes.
2013 Development Application Schedule: The Planner referred Council to the draft of the 2013 Council and Planning Commission meeting schedule and noted that some meeting dates may conflict with holidays. She noted that the meetings in July and September may conflict with the 4th of July and Labor Day holidays; she advised that she contacted the City Clerk and found that no elections are scheduled in November, so that date should not pose a conflict.
The Mayor asked if the schedule is approved this year and the Attorney responded that normally Council approves the schedule at their December meeting.
The City Attorney noted that the January meeting would fall on New Year’s Day and suggested that date should be changed. He commented that Council could determine if they wished to change the dates for the July and September meetings.
The Mayor suggested that Council review the proposed schedule and that action on this matter be deferred to the December meeting.
November Planning Commission Meeting: Planner Barness explained that no applications or public hearings are scheduled for the November Commission meeting; however staff recommends the Commission conduct the meeting to discuss a few timely ordinance issues that arose in conjunction with recent planning applications. She stated that the topics considered would include:
1) A numerical cap on the number of accessory building;
2) Under what conditions solid wood fences may be allowed; currently City Code allows them by variance when
practical difficulties have been demonstrated;
3) Discussion of how staff should direct applicants regarding house size as relates to shoreline setback standards; this
item is in preparation for potential future applications to build or expand on the property at 345 Salem Church Road.
Mayor Williams commented that he was contacted by a resident wishing to build townhomes in the City and he advised this person to conduct discussions with neighbors prior to submitting a formal application and also indicated that this type of application would require a zoning ordinance amendment since there are no areas within the City designated for multiple dwellings.
The Mayor asked if there were any further comments or questions and there was no response.
Council thanked the Planner for her report.
7. INSPECTOR’S REPORTS: a. Building Inspector: Building Inspector David Neameyer informed Council that there were twelve (12) building permits issued in October and ten (10) permits closed.
Mayor Williams noted the bill for surcharges in the list of bills. The Treasurer explained that a quarterly report on surcharges is filed by the City and is a pass-thru item.
The Mayor asked if there were any further comments or questions and there was no response.
Council thanked the Building Inspector for his report.
b. City Engineer: Engineer Tom Voll was present and advised that Mr. Sterna was unable to attend this evening. He referred to the Engineer’s report dated November 2, 2012 and commented that it was a slow month for engineering activities.
Harmon Park Address Revision: Engineer Voll advised that the address change for Harmon Park was submitted to Google and there has been no response to date. He noted the new address requested is 2450 Angell Road for the park and that Engineer Sterna would update Council on any progress with the address revision at the next meeting.
Councilmember Conant questioned Google taking over the address authority. Engineer Voll explained that the Google approval is required more for mapping purposes and that the City still retains the authority to determine the address.
Public Works Activities Undertaken in the Month of October: Charlton Road Fall Grading: The Engineer stated that the roadway was graded to prepare it for the upcoming snow plow season.
Anticipated Engineer/Public Works Activities’ for the Month of November: Snow Plow Contract Approval: Engineer Voll explained that Engineer Sterna would be finalizing the snow plow contract with Ace Backtop for signature early this month. He stated the engineer will also meet with Ace Blacktop to review snow plow routes and expectations of the City for snow and ice removal. He stated that Clint Mickelson would be the contact person at Ace Blacktop and that the engineer would provide an emergency contact number for residents.
Engineer Voll advised that there are no other planning engineering activities for the month of November. He noted that Engineer Sterna had contacted the Watershed District regarding reimbursement for the lake water quality CAMP Program and would be attending a meeting with Dakota County and other cities relating to street naming policies.
Mayor Williams noted that the Lower Mississippi Watershed Management Organization (LMWO) would be conducting a meeting on November 15, at the Thompson Park facility in West St. Paul to receive citizen input on lakes and advised that Sunfish Lake is on the agenda for discussion.
Councilmember MacManus stated that she had brought a flyer regarding the meeting and that it would be nice to have representation from the Sunfish Lake Association attend the meeting.
Councilmember Conant commented that he would attempt to find a representative to attend and took the flyer.
Councilmember Hovey asked that when the engineer meets with Ace Blacktop, he remind them to plow the entire width of the roadways and not just one path down the center of the roads.
Mayor Williams suggested that the engineer also discuss establishing procedures regarding who to contact in an emergency circumstances that arise relating to snow plowing; he noted that several residents are doctors and may have to respond to emergency situations.
Engineer Voll stated he would relate these concerns to Engineer Sterna for discussion with Ace Blacktop.
The Mayor asked if there were any further comments or questions and there was no response.
Council thanked the Engineer for his report.
c. CITY FORESTER: Mayor Williams explained that Forester Nayes was attending a class and may arrive late; he suggested delaying this report to later in the meeting.
d. PUBLIC SAFETY: Chief Shaver reviewed his report and noted that the false alarm calls were somewhat higher than the same time last year; he noted that the alarms during this period were accidental.
The Chief explained that there five (5) thefts from vehicles within the City and advised that a group of juveniles dressed in black were seen on Angell Road between the hours of 12:30 and 1:00 a.m. and that they fit the profile for possible suspects in this type of theft. He pointed out that the vehicles involved in the incidents were in the driveway of the homes and were not locked. He advised that the largest item stolen was a wallet containing cash and credit cards and that the victim was now dealing with identity theft issues. The Chief stated he brought flyers relating to Identify Theft protection and that the flyers were distributed to residents. He pointed out that the thefts appear to have stopped once the flyers were distributed, but he urged residents to remain diligent and lock their vehicles.
Councilmember Conant asked if the juveniles were apprehended and the Chief responded no.
Council thanked the Chief for his report.
Mayor Williams noted that the Forester had not yet arrived and read the Forester’s report. He stated that one (1) Burning Permit was issued and then rescinded due to the continuing open burning ban in Dakota County. The Forester recommends that no brush burning be conducted until a substantial period of rain or winter snow occurs.
The Mayor further advised that the Forester had completed tree pruning along Charlton and Angell Road and Sunny Side Lane. He also reported that young trees in Musser Park that were planted last year had been watered three times in October and would not be watered again this year. He stated there is nothing new to report on Emerald Ash Borer and that the 2013 Arbor Day Green Fair is in the planning stages with a hands-on emphasis on Emerald Ash Borer control for individual trees and Firewise safety information.
The Mayor reported that the Forester recommended residents water any young trees once more before winter.
8. NEW/OTHER BUSINESS: a. Consider Resolution Approving Bureau of Criminal Apprehension’s Criminal Justice Data Network Master Joint Powers Agreement and Court Services Subscriber Amendment: Attorney Kuntz explained that the Minnesota Bureau of Criminal Apprehension (BCA) requires the City to enter a Joint Powers Agreement to allow the prosecuting attorney for Sunfish Lake to continue access to the BCA systems and tolls, as well as the eCharging system. He stated that the JPA provides the City with the ability to add, modify and delete connectivity, systems and tools over the five-year life of the agreement and obligates the City to pay the costs for the network connection.
The Attorney explained that the second agreement required is a Court Data Services Subscriber Amendment to the CJDN Subscriber Agreement; this allows the prosecuting attorney access to the eCharging system as well as the Minnesota Court Information System (MNCIS) to access Court records. He stated the expected cost for the Subscriber Agreement is approximately $120 per year. He advised that since his memorandum was written, he had determined a method to eliminate this charge.
Staff requests that Council consider the attached resolution approving a Bureau of Criminal Apprehension’s Criminal Justice data Network master Joint Powers Agreement and a Court services Subscriber Amendment.
Councilmember Conant questioned if there are any privacy considerations in approving the documents and who may access the information.
Attorney Kuntz explained that the information cannot be accessed for an individual unless they have been formally charged with a crime and that arbitrary access by persons is not permitted.
Councilmember Hovey asked if there are checks and balances in place. The Attorney responded yes and explained there is protocol for accessing the system.
Councilmember Conant commented that access could occur even with protocol in place.
Chief Shaver explained that inquiries by agencies are tracked by the State of Minnesota and could be traced back to the individual who accessed the system. Attorney Kuntz agreed and noted that each inquiry is issued an access code and must list the purpose of the inquiry.
Mayor Williams asked if there was any further discussion and there was no response.
Councilmember Hovey moved to adopt Resolution No. 12-17 titled RESOLUTION APPROVING BUREAU OF CRIMINAL APPREHENSION’S CRIMINAL JUSTICE DATA NETWORK MASTER JOINT POWERS AGREEMENT AND COURT SERVICES SUBSCRIBER AMENDMENT, seconded by Councilmember Wahlstrom and carried. (5-0)
b. Consider Resolution Authorizing Submission of the 2013 Small Community Funding Application to Dakota County Requesting Funding to Operate a Citywide Recycling Program & Approving the Joint Powers Agreement (JPA): 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 had also requested approval of the Twenty-First Amendment to the Joint Powers Agreement (JPA) between the City and the County for the 2013 Waste Abatement Community Funding.
The Clerk explained that she had requested a copy of the original JPA from Dakota County and they were able to provide a sample copy from the City of Mendota Heights; she pointed out that the agreement appears to be generic, but that Dakota County was unable to locate the agreement for Sunfish Lake. She noted that the original document was signed in 1992 and there have been twenty amendments since that time. She advised that she would ask Dakota County to provide a formal document that is updated and includes all the amendments for the City records.
Councilmember Conant commented that he thought staff was compiling a list of all joint powers agreements and inquired on the status of this matter. The Clerk explained that she is still attempting to compile an up-to-date list of all the JPA’s, but she pointed out that some of the documents may be with the City Attorney or other staff members. She advised that this is an on-going process and she would continue to research these documents.
Mayor Williams asked if there were any questions and there was no response.
Councilmember Conant moved to adopt Resolution No. 12-18 titled, RESOLUTION AUTHORIZING SUBMISSION OF THE 2013 SMALL COMMUNITY FUNDING APPLICATION TO DAKOTA COUNTY REQUESTING FUNDING TO OPERATE A CITYWIDE RECYCLING PROGRAM and Approving the Amendment to the Joint Powers Agreement (JPA) , seconded by Councilmember MacManus and carried. (5-0)
c. Schedule Special Meeting to Conduct Consultant Reviews, December 4, 2012, at 5:00 p.m.: Clerk Iago requested that Council schedule a special meeting to conduct the annual consultant reviews at 5:00 p.m. on December 4, prior to their regularly scheduled meeting. She stated that she would confirm the times with the consultants, as listed in her report and that she would send an agenda and post notice of the special meeting as required by law.
The Mayor asked if there were any comments or questions and there was no response.
Councilmember Conant moved to schedule a Special Council meeting to conduct consultant reviews on December 4, 2012, at 5:00 p.m. at St. Anne’s Episcopal Church, seconded by Councilmember Wahlstrom and carried. (5-0)
d. Schedule Special Meeting to Canvass Municipal Election Results, Monday, November 12, 2012: Clerk Iago explained that the City must canvass the results of the municipal election between the 3rd and 10th day following the General Election. She stated that the City Attorney advised that notice of the meeting must be posted three (3) days in advance. She explained that in her memo, she requested that Council schedule this meeting on Monday, November 12, 2012; however, since that is Veteran’s Day no public meetings are allowed. She requested that Council schedule the meeting on Tuesday, November 13, 2012 at a time convenient to have at least a quorum of members must be present to canvass the results. She stated that the latest the meeting could occur would be November 16, 2012.
After a brief discussion, Council determined a quorum could be present at 8:00 a.m., on Tuesday, November 13, 2012 to conduct the meeting.
Councilmember MacManus moved to schedule a Special Council meeting to Canvass the Municipal Election Results for the City of Sunfish Lake on Tuesday, November 13, 2012 at 8:00 a.m., at St. Anne’s Episcopal Church and directed the Clerk to post notice of the meeting as required, seconded by Councilmember Hovey and carried. (5-0)
e. Report on County Lake Discussion Meeting at Thompson Park: Mayor Williams advised that this matter was discussed earlier under the Engineer’s report and commented that he hoped residents would attend the meeting.
Councilmember Hovey stated the flyer was posted on the City website as requested.
f. New/Other Business: Councilmember Conant explained that he had requested discussion of the variance process at the last meeting; however he was unable to attend that meeting and therefore wished to discuss the matter at this time. He distributed copies of information from the League of Minnesota Cities on variances and noted that variances must meet three standards as discussed in the information distributed.
Councilmember Conant advised that the variance request that was submitted for the property at 345 Salem Church Road met the first standard requiring that the property owner proposed to use the property in a reasonable manner, however; the proposal did not meet the other two standards. He pointed out that the variance report by staff was not framed to discuss meeting the remaining two standards relating to circumstances unique to the property not caused by the landowner and whether or not the variance is consistent with the comprehensive plan. He further explained that one factor that should not be taken into consideration is an economic hardship. He pointed out that the applicant had claimed at the Planning Commission meeting the fact that they could not sell the property and this was considered as a factor by the Commission when it should not have been an issue. He commented that a variance cannot be granted if the problem with the property was created by the owner and it could be argued that the family created the problem.
Councilmember Conant stated he wished to provide this information as it would be useful to be aware of the standards that must be met prior to considering any future applications for the property and also useful for the Planning Commission to be aware of these standards.
Mayor Williams asked the City Attorney to verify that when the property was built, there were no shoreline setback regulations in place and how that would affect future applications for the property.
Attorney Kuntz explained that if there were no regulations in place at the time the lot was created it met legal standards and after the legal standards were adopted, the property became a non-conforming use; therefore expansion of the home, as requested by the former applicant, required a variance.
Councilmember Conant commented that he believed the original property owner was granted a variance and therefore created the problem with the property.
The Mayor asked if there was any further business.
Miscellaneous: Letter from St. Anne’s Church Regarding Rental Increase: Clerk Iago explained that she had received a letter from St. Anne’s Church regarding a proposed 10% increase in rental for the City and also requesting a lease for rental. She noted that all of the City records had been moved to Lilydale City Hall, and that the only storage that remains at the church is election equipment. She suggested that a meeting with the Pastor, City Attorney and the Clerk be held to draft a lease agreement document for discussion at the December meeting.
Councilmember Wahlstrom noted that there have been issues with conflicting meetings and classes in the church that have affected the City rental space in the past; she suggested these be discussed as part of the lease agreement.
Clerk Iago suggested Councilmember Wahlstrom attend the meeting to discuss these issues and asked Council to direct the Clerk, City Attorney and Councilmember Wahlstrom to meet with the church Pastor to prepare the document .
Council concurred to direct staff and Councilmember Wahlstrom to schedule a meeting for this purpose.
Councilmember Hovey asked if the proposed rental increase would affect the not-to-exceed budget as adopted by Council and Treasurer Blair responded no.
The Mayor asked if there was any further business and there was no response.
9. ADJOURN: Councilmember Hovey moved for adjournment at 7:50 p.m., seconded by Councilmember Wahlstrom and carried. (5-0)
___________________________ ___________________________
Richard A. Williams, Jr., Mayor Catherine Iago, City Clerk
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.