SUNFISH LAKE CITY COUNCIL MEETING – AUGUST 6, 2019

 

SUNFISH LAKE CITY COUNCIL MEETING – AUGUST 6, 2019

7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH

 

Attendants:


Mayor:  Dan O’Leary

Councilmembers: Mike Hovey, JoAnne Wahlstrom, and Shari Hansen

City Attorney:  Tim Kuntz

City Planner: Ryan Grittman

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.

Councilmember Steven Bulach and Building Inspector Mike Andrejka were absent.

 

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

    2.  APPROVE AGENDA:  Mayor O’Leary asked if there were any additions or corrections to the agenda.

Planner Grittman asked that Item 6.b. Consider Proposed Demolition Ordinance be removed from the agenda, and explained that staff was unable to meet the publication deadline; he noted this item would be considered at the September meeting.

Engineer Sandberg requested adding an item under New Other Business, Item 8.e.  Payment to contractor for the Charlton Road Improvement Project.

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

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

  1. CONSENT AGENDA: Mayor O’Leary asked if there were any questions or comments relating to any items on the Consent Agenda.

    Mayor O’Leary asked Chief Sturgeon to explain the Mental Health Crisis call and the 4-vehicle accident.

 Chief Sturgeon stated he was unable to provide information on the Mental Health Crisis call due to data privacy laws, but explained the police assisted personnel from Dakota County who transported this person to the hospital.  He further explained that Dakota County GIS has issues with some locations in Sunfish Lake and that staff was working with LOGIS to correct the problems.  He noted the accident occurred on Delaware at Highway 62 and that Mendota Heights Police and State Patrol assisted with the traffic.  He stated none of the residents were from Sunfish Lake.

The Chief advised he would bring Police Officer Nicole Murphy to the September meeting to introduce her to Council; she is the new officer assigned to patrol the City.  He stated he would be leaving the meeting to attend the “Night to Unite” activities and that there was one neighborhood activity in Sunfish Lake.

Councilmember Hovey asked the Chief to provide information on the new officer so he could post it on the City website and Chief Sturgeon agreed to do so.

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

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

  1. Regular Council Meeting Minutes of July 9, 2019
  2. List of Bills
  3. Monthly Financials
  4. Receive Building Inspector Report
  5. Receive Forester Report
  6. Receive Public Safety Report.
  7. COMMENTS FROM THE PUBLIC: The Mayor asked if there were any comments from the public.

 

Mayor O’Leary read for the official record an email dated August 4, 2019 from residents Tom and Michelle Schlehuber, 325 Salem Church Road, which outlined their concerns relating to their neighbor and the trash storage problems on their property and encouraging the City to enforce the trash storage ordinance to eliminate the problem that has occurred for the past two years. 

 

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

5.  PUBLIC HEARING/PRESENTATIONS:  None.

6.  PLANNING COMMISSION/PLANNER’S REPORT:  a. Consider Resolution Approving a Major Site & Building Plan Review for Property Located at 270 Salem Church Road, Kevin & Emily Wu:  Planner Grittman explained the application for a Major Site and Building Plan to construct a new home on the vacant lot at 270 Salem Church Road.  He stated that the application meets all requirements of the R1 Single-Family District.  He stated that the Planning Commission approved the request with conditions and added an additional condition that safety fencing be placed around the primary and secondary septic system locations during construction.

Councilmember Hovey asked why the safety fencing was required.

Planner Grittman explained that usually the City Engineer requires the fencing be installed, however, the recommendation was inadvertently omitted from the Engineer’s report. He stated that the Planning Commission Chair recommended it be added as a condition.

 

Engineer Sandberg explained that this condition is usually recommended to keep construction vehicles from driving over these areas.

 

Mayor O’Leary asked if the pre-construction meetings are working to ensure everyone is informed of what is required.

Planner Grittman stated that the meetings are helpful, however, they are somewhat difficult to schedule.

The Mayor commented that it makes the process much easier if the pre and post construction meetings are held and all parties have the information necessary to complete the project as approved.  He asked if there were any further questions or comments and there was no response.

 

Councilmember Wahlstrom moved to adopt Resolution No. 19-18 titled, RESOLUTION APPROVING MAJOR SITE AND BUILDING PLANS TO ALLOW CONSTRUCTION OF A SINGLE-FAMILY HOME AT THE PROPERTY LOCATED AT 270 SALEM CHURCH ROAD, subject to conditions as listed, seconded by Councilmember Hovey and carried. (4-0)

  1. Consider Proposed Demolition Ordinance:  Item was removed and placed on the September agenda.

 

  1. Planner’s Report: Planner Grittman reviewed the following information listed in his report dated July 31, 2019:

 

Review of Mendota Heights 2040 Comprehensive Plan: Staff reviewed the City of Mendota Heights Comprehensive plan update as required by the Met Council and did not find any concerns or comments about the plan.

 

369 Salem Church Road – Major Site & Building Plan:  An application was submitted for a Major Site & Building Plan Review. The applicants plan to demolish an existing home and construct a new home on roughly the same footprint. Staff anticipates this application will be on the August Planning Commission agenda and on the September Council agenda.

 

2431 Angell Road:  Staff is working with the owners of this property on the installation of a new swimming pool which requires a Major Site Plan Review; it is anticipated the application will be heard at the September Planning Commission agenda and be on the October Council agenda.

 

Council thanked the Planner for his report.

  1. CITY ENGINEER REPORT: 1. Engineering Activities Undertaken in July:     A. Review Draft Feasibility Study for 2020 Mill and Overlay Project:  Engineer Sandberg referred to the draft feasibility study for the proposed 2020 Mill and Overlay project dated August 6, 2019.  He explained that the project includes three (3) roadways - Zehnder Road, Angell Road (east) and Sunnyside Lane, and identifies the estimated cost at $148,750, which includes a 10 percent contingency and 30 percent for administrative costs and financing.  He noted that the draft report also includes proposed assessments and funding sources. 

    The Engineer explained that the 2018 Pavement Management Study rated all roads within the City and the three (3) roads proposed for this project had similar pavement rating conditions.  He stated that the mill and overlay would prolong the life of the roadways.  He advised that the report includes a cost breakdown for each project, however, staff recommends that all three projects be completed at the same time.  The cost breakdown for each project is as follows: Zehnder Road $24,940, Angell Road (east) $42,950, Sunnyside Lane $57,370, and six (6) culverts on Sunnyside Lane $23,490 for a total cost of $148,750. 

    Engineer Sandberg stated that the City assessment policy identifies the percentage of costs to be specially assessed for projects based on the road classification.  Zehnder Road and Sunnyside Lane are classified as “Local Streets” which would be assessed 80 percent of the costs, Zehnder at $2,850 per parcel and Sunnyside Lane, with the culvert improvements, at $$5,760 per parcel.  Angell Road (east) is classified as a “Neighborhood Collector Street” so 60 percent of the costs would be assessed at $4,300 per parcel.

    Mayor O’Leary recalled that resident Jeannine Nayes pointed out that there are a limited number of parcels on Zehnder Road and that it was the opinion of the residents the road was not in poor condition and could wait to be improved. He asked if the City could delay that portion of the project.

    Engineer Sandberg stated he would not recommend delaying Zehnder Road unless the City would prefer to turn over the road to the property owners as a private road. He explained that the pavement management study identified the road condition for improvement and that it would benefit the property owners on the road to do the improvement.  He noted that the assessments for Zehnder Road were the lowest of the three (3) streets and that delay of the project would most likely increase the costs.

 

Jim Nayes, 5900 Zehnder Road, stated that there is one culvert near the end of his driveway on the road and asked if that would be included in the project.

Engineer Sandberg stated it was not included, but he would look at it’s condition and determine if it should be included.

Mayor O’Leary pointed out that earlier discussion of the budget indicated 2020 would be a tough year and he asked the Treasurer if this project could be financed in 2020.

Treasurer Lanoue explained that this improvement project was included as part of the earlier budget discussions for inclusion in the 2020 budget.

Attorney Kuntz explained that the project identifies 30 percent of the project costs for indirect costs to cover the Fiscal Advisor and staff time for the project and recommended an additional 5 percent be added to the project costs to cover the indirect costs.

Treasurer Lanoue pointed out that the City would not be using the Fiscal Advisor since no bonds would be sold for the project.

Engineer Sandberg explained that he would prefer to have the additional 5 percent included in the indirect costs to cover staff time and any issues that come up, similar to those that arose with the Charlton Road project.  He stated he could revise the cost estimates and present the final document to Council at their next meeting for adoption and ordering the public hearing on the project.

Council concurred and directed the Engineer to revise the document for approval at the September meeting.

 

 

  1. 2020 5-Year Capital Improvement Plan: Engineer Sandberg stated he would present the CIP for approval at the next meeting.

 

  1. 2020 Annual City Engineer Budget: The Engineer stated that Council had reviewed the proposed 2020 Engineer budget items at the Special Meeting earlier in the evening.
  2. Building and Site review in the Month of July: A. 2431 Angell Road:  Staff was contacted by the owner and their engineer regarding proposed improvements on the property; no formal application has been submitted at this time.

 

  1. 369 Salem Church Road: Staff reviewed and recommended approval of a Major Site and Building Plan at this location; this proposal will be reviewed at the August Planning meeting.

 

  1. 2150 Charlton Road: An application for this site was approved by Council in June 2019 and tree clearing began. The City Forester alerted staff to concerns about large mature trees that were not shown on the approved landscape plan for removal but would have to be removed to continue with the construction.  The homeowner and their builder were advised that a new plan would have to be submitted for staff review to determine how to shift the improvements on the site to minimize the loss of trees.

    Engineer Sandberg explained that Council should determine if they wish to review the revised plans or would be comfortable allowing the Planner, Engineer and Forester to determine if the revisions should be approved.

 

Councilmember Hovey asked if the changes are significant.

 

Planner Grittman explained that the issue arose with the height of the proposed structure exceeding the maximum height requirement by one-half an inch and that staff would work with the architect in an attempt to ensure the structure meets the maximum height requirement.

Engineer Sterna explained that the reason for the height increase was related to an attempt to save more trees.

Forester Nayes expressed concern that the six to eight 150 year old Oak trees may not survive the extensive excavation on the site. He explained that he would be amenable to the removal of one or two significant Oak trees if the applicant changes the plan to accommodate saving the remainder of trees.

Mayor O’Leary explained that the City Engineer recommended a change in height to accommodate the floodplain when he was building, and he was granted a variance.  He indicated that if raising the home height would preserve the trees he would support the change.

 

Engineer Sandberg pointed out that the mistake was due to an omission on the original plans by the applicant, therefore it was their mistake.

Councilmember Hovey suggested the revised plan should be reviewed by the Planning Commission and Council concurred.

 

Peter Eskuche, architect for the project, explained that none of the trees were identified in the original land survey and that the property owner and their staff were only aware of the problem at the same time it was identified by the Forester. He explained that it is a minor change and that he only received the revised plans today.

 

Mayor O’Leary stated that he would be comfortable allowing staff to review the changes and then they could determine if the matter should be sent to the Planning Commission for review.

Councilmember Wahlstrom indicated that it may not be a minor change and that she would prefer the matter be reviewed by the Planning Commission.

After discussion, Council concurred to send the revisions to the Planning Commission for review at their August meeting.

Mr. Eskuche indicated that it is only a stormwater issue and not a major revision.

Engineer Sandberg disagreed and suggested that any changes could be major and should be reviewed by the Planning Commission for approval.

 

  1. Public Works Activities Undertaken in the Month of July: A. Sunfish Lake Outlet:  The outlet to Sunfish Lake was closed on July 15 to allow work on the new outlet improvements and will remain closed until the new outlet is fully operational. The lake level is dropping due to the lack of rain and evaporation.

    B.  Charlton Road Construction Project:  Work was started on the project the week of July 8 and some minor utility conflicts that delayed the project have mostly been resolved.  Information was placed on the City website and a letter was sent to residents advising that the project costs would increase if removal of the construction stakes continues.  Since then there have been no further issues with removal of the construction stakes. 

 

The Engineer explained that staff was advised a permit must be pulled with the City of St. Paul for the replacement of the fire hydrant on Delaware Avenue and also that the job must be done by a licensed plumber. He stated that the contractor does not have a licensed plumber on staff and Council was adamant that no change orders would be allowed, therefore, staff is working to resolve this matter.  He noted that there have been no resident complaints thus far.

 

  1. Anticipated Engineering and Public Works Activities for August: A. Charlton Road Construction Project:  The Engineer stated that the project continues to be monitored by a part-time inspector as needed.

 

  1. I-494 Construction Work: MnDOT continues construction work on I-494 which includes a segment of road within Sunfish Lake.  There will be lane closures and long traffic backups until the project is completed.  Additional information may be found on the City’s website.

 

Council thanked the Engineer for his report.

  1. NEW/OTHER BUSINESS: a. Discuss Proposed 2020 Budget and Tax Levy:  Attorney Kuntz reviewed his report dated August 1, 2019 and stated that Council discussed the proposed 2020 Budget and Tax Levy at the Special meeting held earlier in the evening.  He noted that it was determined the Debt Levy would increase due to Charlton Road and that the assessment hearing for the project would not be conducted until after the required deadline for the City to submit the Preliminary 2020 Budget and Tax Levy to Dakota County.  He further advised that the budget would be difficult next year due to the fact there was no growth in property valuation.

 

The Attorney stated that Council must adopt the Preliminary Budget and Tax Levy at their September meeting and certify it to Dakota County and also must schedule the Truth in Taxation public hearing on December 3, 2019 to receive public input prior to adopting the final 2020 Budget and Tax Levy.  He advised that Council may reduce the preliminary budget and tax levy after conducting the public hearing in December, however, they cannot increase the amount once the preliminary budget and tax levy are set in September.

 

Treasurer Lanoue stated she would prepare the Preliminary 2020 Budget and Tax Levy documents with the changes as discussed earlier this evening for Council approval at the September meeting.

 

Mayor O’Leary thanked Treasurer Lanoue for an excellent job in preparing the budget information and also for an outstanding job in maintaining the City’s finances throughout the year.  

 

  1. Report on Trash Containers at 331 Salem Church Road: Planner Grittman stated he received an email from Dr. Kihtir with a photo of a plastic trash can storage container and asked if she could use the plastic container instead of constructing a storage shed. He distributed photos of the proposed plastic container for Council review.

    There was discussion regarding where the container would be located, how many trash cans it could hold, and if her hauler would be willing to drive up her driveway to take the trash. 

    Mayor O’Leary expressed his concern that Dr. Kihtir appears to be delaying her responses until the last minute, which in turn delays the process of resolving the non-compliance issue with her trash storage. He stated that he would not support the plastic storage structure and would prefer a wood structure that blends with the trees be installed for the trash bins as initially suggested.

    There was also discussion regarding other options available to remedy the situation.  Planner Grittman explained that there is no specific fine for violating the trash storage ordinance, however, some cities have adopted a fine schedule.

    Attorney Kuntz explained that Home Rule Charter cities may impose fines, however, statutory cities such as Sunfish Lake cannot do so.  He pointed out that violation of the trash storage ordinance would be considered a misdemeanor offense and could result in court action.

    Mayor O’Leary recommended that the Planner make one more attempt to contact Dr. Kihtir to resolve this matter by August 31, 2019.  He also recommended that the Planner advice Dr. Kihtir that there would be no more delays once the deadline is reached and that the next action by the City would be to issue a misdemeanor citation to appear in court.

 

Council concurred with the Mayor’s recommendation.

Planner Grittman stated he would prepare the letter for the Mayor to review prior to sending it to Dr. Kihtir.

 

  1. Preliminary Consideration of the following items related to Project 2018-01 (Charlton Road Improvements) and Project

2018-02 (Sunfish Lake Outlet Improvements):  1 Resolution Declaring Costs to be Assessed for Project 2018-01 (Charlton Road Improvements);  2 Resolution Declaring Costs to be Assessed for Project 2018-02 (Sunfish Lake Outlet Improvements) ; 3 Resolution Calling for Assessment Hearing for Project 2018-01 (Charlton Road Improvements); and, 4 Resolution Calling for Assessment Hearing for Project 2018-02 (Sunfish Lake Outlet Improvements):  Attorney Kuntz referred to his memorandum dated August 1, 2019 regarding the proposed special assessment for Project 2018-01 Charlton Road and Project 2018-02 Sunfish Lake Outlet.

 

The Attorney explained that the original estimated assessment per unit was $10,851.61, however, the project costs increased due to the bids received. He stated the new per unit assessment amount would be $12, 445.06 for the Charlton Road portion of the project and the new outlet assessments would increase from the original estimated assessment of $1,242.42 to the new assessment of $2,597.99 per unit.  The proposed interest rate for the assessments would be set at 4.2% over the 10-year term.

 

Attorney Kuntz explained that the project schedule includes conducting the assessment hearing at the October 1 Council meeting, however, Council must determine the amount of the assessment in order for staff to insert the proposed assessment amount prior to publication and mailing of the public hearing notice to the property owners.


Mayor O’Leary indicated that he does not favor increasing the assessment amount for property owners on Charlton Road who willingly provided easements for the project due to the fact that the City had to set the amount of assessment in order to obtain the easement from the Norton property.  He stated he did not have any issue with increasing the amount for the Sunfish Lake Outlet project since the property owners will receive the benefit from that project.

After discussion, Council concurred to use the original $10,851.66 assessment per parcel for the Charlton Road assessments and to use the $2,597.99 assessment for the Sunfish Lake Outlet assessments. 


Treasurer Lanoue asked that staff be allowed to round up the assessments to an even numbered amount due to the fact that the County cannot split uneven numbers. 

Council agreed that staff should use even dollar amounts on the assessment roll.

 

Attorney Kuntz stated staff would prepare the resolutions with the correct assessment amounts for Council consideration at their September meeting.

 

  1. Consider City of Sunfish Lake Insurance Renewal with League of Minnesota Cities: Treasurer Lanoue explained that each year the League of Minnesota requests that the City decide if they wish to waive liability units. She stated that in the past the City had consistently responded not to waive the Tort Liability limits as the Council avails itself of the protection provide by state statues.  Staff recommends Council take action stating they will not waive the liability limits and to accept the coverage of $1,500,000 provided by the League of Minnesota Cities.

 

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

 

Mayor O’Leary moved to direct staff to send notice to the League of Minnesota Cities that the City of Sunfish Lake will not waive the liability limits and accepts the coverage of $1,500,000, seconded by Councilmember Hovey and carried. (4-0).

 

  1. Other: Consider Approval of Payment to Contractor for the Charlton Road Improvement Project: Engineer Sandberg presented the request for payment in the amount of $154,507.47 to Valley Paving for the Charlton Road/Sunfish Lake Outlet Improvement Project.

 

Mayor O’Leary moved to authorize the payment in the amount of $154,507.47 to Valley Paving for the Charlton Road/Sunfish Lake Outlet Improvement Project, seconded by Councilmember Wahlstrom and carried.  (4-0)

 

Mayor O’Leary asked if there was any further business and there was no response.


  1. ADJOURN:  Mayor O’Leary moved to adjourn the meeting at 8:15 p.m.


____________________________                              ________________________________

Catherine Iago, City Clerk                                             Dan O’Leary, Mayor