Mayor:  Dan O’Leary

Councilmembers:  JoAnne Wahlstrom, and Shari Hansen

City Attorney:  Tim Kuntz

City Planner: Lori Johnson

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.

Councilmembers Mike Hovey and Steven Bulach and Building Inspector Mike Andrejka were absent.

1.   CALL TO ORDER:  Mayor O’Leary called the meeting to order at 7:00 p.m.  

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

Councilmember Wahlstrom moved to adopt the agenda as presented, seconded by Councilmember Hansen and carried. (3-0)

3.  CONSENT AGENDA:  Mayor O’Leary asked if there were any questions or comments relating to any items on the Consent Agenda.  He asked Treasurer Lanoue to give a brief overview of the financial report.

Treasurer Lanoue stated that there were no outstanding issues with the financial reports. She advised that she had received seven (7) special assessment prepayments and that residents have until November 15 to prepay prior to the City submitting the assessments to Dakota County for inclusion on their taxes.

Mayor O’Leary noted that the 2021 False Alarms were almost doubled from last year’s total at this time. He suggested including information on the website to encourage residents to use more caution when arming or disarming their alarm systems.

Chief Sturgeon explained that he wished to remind the residents that it is deer hunting season within the city.  He asked residents who have a permit to hunt keep Sgt. Matt Muellner advised of issues that arise and also of any deer they have harvested in order for the City to have an accurate count of how many deer are removed during this season.  He also asked residents to notify the police department if they are aware of any poaching within the city or if they see any injured deer.  He explained that police had responded to a residence where a deer was caught in a volleyball net and that his officers were able to remove the deer uninjured.

The Chief also advised that alarm calls have been increasing and agreed that it may be helpful to urge residents to be more cautious when setting or disarming alarm systems.

Mayor O’Leary suggested that it may be wise to post a notice on the city website advising residents that the Metro Bow Hunters have parking permits displayed in their vehicles when they are hunting in Musser Park so that poachers’ vehicles may be easier to identify. He asked the Police Chief if residents use parking permits when they are hunting on private property.

Chief Sturgeon stated that parking permits are necessary for residents are not usually issued since they are hunting on their own property or a neighbor’s land.  He stated his concerns were related to notifying police when a deer is taken to get an accurate count for the season, and residents report any illegal hunting within the city.

The Mayor 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 Mayor O’Leary and carried. (3-0)

a.   Regular Council Meeting Minutes of October 6, 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.


6.  PLANNING COMMISSION/PLANNER’S REPORT:  a.  Planner’s Report:  Planner Johnson reviewed the following information listed in her report dated -November 3, 2021 and explained that she has spent time since her appointment getting organized and learning more about her role working for the city.  She advised that the October and November Planning Commission meetings were cancelled due to lack of applications.

The Planner stated that she met with Clerk Iago on October 25 at WSB offices to review the files that were transferred from the former planning firm and to discuss future storage and possible scanning of these documents.  She noted that the Clerk is working to make the necessary arrangements for transfer of these files to Lilydale City Hall for storage.

Mayor O’Leary commented that it is important for the City to move into the 21st century and scanning the files for backup purposes and ease of accessibility should be done. He noted that it may be expensive, however it is his opinion it is necessary to eliminate future issues. He also pointed out that staff should not have to store records at their homes and that it would be more appropriate to have electronic storage.  He asked that staff review the costs for scanning these materials and he indicated that funds may be available or may have to be included in the next budget.

Planner Johnson explained that she was reviewing having WSB scan the documents or using an outside company to do the work. She advised that she would report her findings at an upcoming meeting.

The Planner stated that staff performed the final site inspections:

1.  369 Salem Church Road – Staff review this stie on October 27 and the inspection went well. The only thing item left to review are the results of some soil testing that needs to be done in the storm water basins. As soon as the results are available staff would be able to sign off on the final inspection. 

2.  A application for site plan review was received from the property owner at 2150 Charlton Road. The applicant’s landscape designer provided site designs/landscape plans for a path to the lake that they wish to install.   Staff held an on-site meeting on October 27 and walked the property with the applicant’s designer to discuss an acceptable option for the path to the lake.  It was determined by staff that this item should be reviewed by the Planning Commission and then submitted to Council for their action.  This item may likely be reviewed at the December Planning Commission meeting.

Mayor O’Leary explained that in the past the City has required storm management basins on properties adjacent to the lake, however, there does not appear to be any requirements regarding where excess drainage should be directed.  He suggested that staff consider an ordinance amendment that refers to this issue and requires any runoff as a result of a structure or path remain on the owner’s property and not cause problems for adjacent property.  He explained that this issue had recently arose between two property owners adjacent to Sunfish Lake, causing an acrimonious situation the city wants to avoid, and he would encourage language be included as a condition which states that any design of stormwater management or any alterations that could cause drainage to be directed onto another property or that changes waterflow to the lake should be avoided so that adjacent properties are not negatively impacted.

Planner Johnson explained that the Engineer and City Forester were present at the site visit and that drainage issues were discussed. She advised that staff provided the property owner with solutions for the design that were the least intrusive and that the concerns expressed this evening were considered at that time.

3.  A demolition permit was submitted by the property owner at 15 Sunnyside Lane to demolish the existing home on the property.  All pertinent information was included as required for the demolition application and an inspection was performed to make sure all site requirements were met for this application.  A demo permit was issued on Monday, November 1, 2021.

4.  A final site inspection was held at 39 windy Hill Road on November 8 and Engineer Sandberg will provide a report on this property.

The Planner offered to respond to questions and there was no response.

Council thanked the Planner for her report.

7.  ENGINEER’S REPORT:  1. Engineering Activities Undertaken in October:     A. 2021 Capital Improvement Projects Pay Request #3: Staff prepared the Partial Pay Request for work completed in October. The Engineer referred to the pay voucher included as Attachment 1A in his report and reviewed the following costs:  Work Certified This Voucher was $15,644.65; Work Certified to Date was $335,087.30; Less Amount Retained $16,754.37; Less Previous Payment of $303,470.52; Amount Paid This Voucher is $14,862.41; Total Amount Paid to Date is $318,332.93.

Engineer Sandberg requested Council authorize the payment of $14,862.41 to Bituminous Roadways, Inc. and advised that he would present the final payment at the December meeting.  He noted that he drove through the project areas and found that everything is completed. He stated that he was waiting to receive the final paperwork from the contractor.

Mayor O’Leary asked if there were any questions and there was no response.

Mayor O’Leary moved to authorize payment of Pay Voucher 3 in the amount of $14,862.41 to Bituminous Roadways, Inc. for the 2021 Capital Improvement Projects, seconded by Councilmember Wahlstrom and carried. (3-0)

B.  Salem Church Road and Delaware Intersection Improvements: Engineer Sandberg explained that he met with the Assistant Dakota County Engineer at the intersection to discuss making corrections to the roadway surface that the contractor had installed. He noted that due to the colder weather, the Assistant Engineer advised that no corrections would be made this year, however, Dakota County was committed to making the repairs in the spring next year.  He further stated that the County had restriped the roadway at a 90-degree angle to the intersection to improve sightlines.

The Engineer stated that he requested information be placed on the City website for residents to contact Dakota County with their comments concerning this intersection.

C.  Dakota County Regional Visioning Plan Update:  Engineer Sandberg stated that Dakota County is updating this plan from 2010 to assess current and anticipated future conditions which include safety, traffic congestion, land use, development, connectivity, and cost effectiveness relating to refining the roadway system. He noted that the County scheduled an Open House this evening to answer questions and concerns from the public. He referred to Attachment 1C in his report that included pertinent information for Council and residents.

Mayor O’Leary asked if the County would provide staff with an update on the plan.

Engineer Sandberg responded yes and advised that he scheduled a meeting with Dakota County staff tomorrow to discuss this matter.

Mayor O’Leary explained that it is his opinion the County has lost credibility due recent decisions they have made, for example, raising the speed limit on Robert Street.

Engineer Sandberg explained that the decision to raise the speed limit on Robert Street was made by MnDOT, not Dakota County since Robert Street is a state highway. He pointed out that the Visioning Study was completed in 2010 and sent to surrounding communities for their approval. He noted that the 2010 Sunfish Lake Council approved the areas of improvement as identified in the 2010 study.  He further explained that the current traffic numbers are lower than those projected in the 2010 study, therefore, there should be no significant changes in the plan.  He stated that he would be participating with the group on a monthly basis and would keep Council informed.

D.  Snow Plowing Update: Staff spoke with the City’s contractor and was advised that sanding and salting materials are readily available and that there had been no increase in pricing.  The contractor further advised that pre-treatment would be done on the streets at no additional cost as part of the snow plow contract.

E.  Meetings Attended:  Engineer Sandberg stated that he had attended the following meetings in October:


     - Dakota County Regional Visioning Plan Update

- Dakota County Groundwater Plan Update

- Sunfish Lake Staff Coordination Meeting – Engineer and New Planner both attended this meeting

2.  Building and Site Reviews in the Month of October:  A.  Staff conducted reviews for the following properties in October:

-  100 Windy Hill Road. Site erosion controls were inspected and the builder was advised of additional measures that

   needed to be implemented.

-  2150 Charlton Road.  Staff has been providing guidance to the landscaper regarding improvements that may be

   permitted within a critical shoreland setback.  An onsite consultation was done by staff on October 27.

   Staff advised the property owner that this request would be reviewed by the Planning Commission and Council.

-  369 Salem Church Road. The as-built survey was completed and staff performed a final site visit for the Certificate of

    Occupancy process. The property owner was advised that test results and some modifications of the stormwater ponds

    must be submitted prior to issuing the certificate. Staff indicated that the property owner could provide escrow funds

    to allow issuance of a Temporary Certificate of Occupancy, however, the property owner stated they were not in a

    hurry to occupy the premises.

-  39 Windy Hill Road.  An as-built survey has been submitted and staff reviewed and passed the results from the testing

    the ponds.  The Building Official was advised the Certificate of Occupancy may be issued for this property and staff will

    work with the City Treasurer to release the balance of escrow for this property.

3.    Public Works Activities Undertaken in the Month of October:  None.

4.    Anticipated Engineering and Public Works Activities for November:   None.

Council thanked the Engineer for his report.

8.  NEW/OTHER BUSINESS:  a. Receive Mike Kampmeyer Resignation as Citizen Representative to the Northern Dakota Cunty Cable Commission (NDC4) and Consider Replacement:  Mayor O’Leary advised that resident Mike Kampmeyer had submitted his resignation as the Citizen Representative to NDC4. He stated that Mike had been an excellent member on the Commission and extended much gratitude on behalf of the Council, staff and residents to Mike for his service.

The Mayor asked if Council knew of anyone who may be interested in volunteering to serve as the citizen representative to the commission. He noted that resident Teresa Lamey was present and asked if she put information out to residents on her social media asking for a volunteer.  He also asked Councilmember Wahlstrom, who serves as the Council representative to the commission, to provide information about the group to Teresa for posting.

Councilmember Wahlstrom gave a brief overview of the commission meetings and stated she would send more information to Teresa via email.

Teresa Lamey stated she would be happy to post the information on the neighborhood email/social media page.

b. Schedule Special Meeting to Conduct Consultant Review on December 7, 2021 at 5;30 p.m.:  Clerk Iago advised that a special meeting is held annually for Council to conduct the consultant reviews. She explained that last year the reviews were conducted prior to the January meeting, instead of the December meeting, due to the fact that the Truth in Taxation meeting is held in December.  She asked if Council wished to hold the meeting in December,2021 or wait until January, 2022.

After a brief discussion, Council concurred to conduct the special meeting in January, 2022.

Attorney Kuntz asked if the meeting would be held at 5:00 p.m. or 5:30 p.m.

Clerk Iago stated that the meeting should begin at 5:00 p.m. in order to accommodate 15 minute intervals for the consultants prior to the 7:00 p.m. regular meeting.

Mayor O’Leary asked if there were any questions and there was no response.

Mayor O’Leary moved to schedule a Special Council Meeting to Conduct Consultant Reviews at 5:00 p.m. on January 4, 2022, seconded by Councilmember Hansen and carried. (3-0)

c. Other:  Mayor O’Leary asked if there was any further business

Councilmember Hansen asked if other members received a request for a meeting with a representative from Angie Craig’s office.

Mayor O’Leary stated he had received an email and responded that he would schedule a meeting with the person from Representative Craig’s staff in December. 

Councilmember Hansen commented that it was her opinion it would be more appropriate for the Mayor to meet with the representative rather than all the Councilmembers.

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

9.  ADJOURN:   Mayor O’Leary moved to adjourn the meeting at 7:40 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.