- DRAFT –
SUNFISH LAKE CITY COUNCIL MEETING – DECEMBER 3, 2019
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Dan O’Leary
Councilmembers: Mike Hovey, JoAnne Wahlstrom, Steven Bulach, and Shari Hansen
City Attorney: Tim Kuntz
City Engineer: Jeff Sandberg
City Treasurer: Ann Lanoue
Building Inspector: Mike Andrejka
City Forester: Jim Nayes
Police Chief: Brian Sturgeon
City Clerk: Cathy Iago
and Members of the General Public.
Planner Ryan Grittman was 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. He asked to add an item for discussion under 8.i. Other/New Business, Snowplowing Issues. He asked if there were any other additions and there was no response.
Councilmember Hovey moved to adopt the agenda as amended, seconded by Councilmember Wahlstrom and carried. (5 -0)
3. CONSENT AGENDA: Mayor O’Leary asked if there were any questions or comments relating to any items on the Consent Agenda and there was no response.
Councilmember Bulach moved approval of the Consent Agenda as presented, seconded by Councilmember Hansen and carried. (5-0)
a. Regular Council Meeting Minutes of November 5, 2019
b. Amended List of Bills
c. Monthly Financials
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.
5. PUBLIC HEARING/PRESENTATIONS: a. Public Hearing to Consider Budget and Tax Levy for the Year 2020: Treasurer Lanoue distributed information relating to the proposed 2020 City Budget and Tax Levy.
Mayor O’Leary recalled that when the preliminary budget was adopted by Council the City Engineer budget was $38,300 and noted that the amount listed in the documents distributed this evening shows the amount as $44,300.
Treasurer Lanoue stated that she was unsure about the additional costs.
Engineer Sandberg explained that it appears some of the “line items” that should be considered separate from the city engineer budget were combined into the engineer’s budget. He noted that the budget for work related to the NPDES permit is $3,700 and the Wetland Applications were budgeted at $2,300, which would account for the $5,900 increase.
Mayor O’Leary asked if the Treasurer would look into the discrepancy.
Engineer Sandberg stated he could review the engineering budgets for the last few years and provide the information to the Treasurer.
Treasurer Lanoue pointed out that some invoices sent from the engineer are not coded so she has difficulty determining how they should be coded for placement in the budget. She agreed to work with the Engineer to correct the information.
Treasurer Lanoue referred to the documents she distributed and explained that the City of Sunfish Lake Tax Capacity rate is 36.4% and advised that there are three (3) entities that contribute to the tax rates; School District 192, Dakota County, and Special Tax Districts such as the Metropolitan Council. She noted that the Tax Levies increased 8.78% due to the increase in the Bond Levy; the 2019 Bond Levy amount was $81,585 and the 2020 Bond Levy would be $138,428 because of the Charlton Road Improvement Project.
The Treasurer advised that Budget Revenues increased 4.9% as a result of the Bond Levy increase and that the Budget Expenditures increased 5.0% as a result of the increase in Bond Interest and Street Maintenance. She pointed out that the repairs on Grieve Glen Road that were undertaken in 2019 were charged under Miscellaneous.
Engineer Sandberg discussed the monies that were set aside for items such as roadway shoulder maintenance and indicated that he would work with the Treasurer regarding the coding and accounts related to engineering projects to ensure that items are budgeted correctly.
Treasurer Lanoue explained that the 2020 Budget and Tax Levy must be adopted by Council and certified to Dakota County by December 28, 2019. She stated that she would also file a report with the State of Minnesota. She offered to respond to questions.
Mayor O’Leary asked if there were any comments from the floor or from the Council and there was no response.
Councilmember Wahlstrom moved to close the public hearing, seconded by Councilmember Bulach and carried. (5-0)
Mayor O’Leary thanked the Treasurer for her presentation and advised that Council would adopt the 2020 Budget and Tax Levy later on the agenda.
6. PLANNING COMMISSION/PLANNER’S REPORT: a. Planner’s Report – Proposed Building Height Ordinance and, b. Memo on Grading and Drainage Plan, 1 Sunfish Lane: Mayor O’Leary explained that the Planner was not in attendance this evening. He stated that the Planner’s report dated November 27, 2019 should be received and tabled to the January, 2020 meeting.
Mayor O’Leary moved to table the Planner’s Report and Memo on Grading and Drainage for property at 1 Sunfish Lane to the January 7, 2020 Council meeting, seconded by Councilmember Hansen and carried. (5-0)
7. ENGINEER’S REPORT: 1. Engineering Activities Undertaken in November: A. 2020 Mill and Overlay Project: Engineer Sandberg explained that an error was found in the project cost estimate that showed a significant difference in the amount estimated. He explained that he had instituted procedures with staff throughout the engineering firm to ensure this would not happen in the future. He referred to his reported dated November 27, 2019 and reviewed the three (3) options for consideration:
- Revise feasibility study for January 2020 meeting and conduct a new public hearing in February for the three Mill & Overlay projects; construction would be done in 2020;
- Revise Feasibility study to include fewer streets for January meeting, hold new public hearing in February for a portion of the previously identified streets. Construct the new project in 2020 and defer the remaining street(s) to 2021;
- Defer the Mill and Overlay project for all three (3) streets to 2021.
The Engineer stated that in his opinion it would not be financially feasible to undertake the entire project in 2020 and that he would not recommend separating the project into two phases since that could increase the costs. He recommended deferring the entire project until 2021. He explained that there are five (5) sealcoating projects, which are not assessable, and reconstruction of Grieve Glen Road, which is assessable, scheduled for 2021 in the Capital Improvement Plan (CIP). He pointed out that it may be possible to obtain a better bid if all these projects are combined. He noted that he would prefer to stay on schedule with the road maintenance program, however, in his opinion the streets should not substantially degrade if the Mill and Overlay project is delayed one year. He commented that another pavement assessment would be completed in 2021.
Mayor O’Leary explained that the $138,380 in funds that was scheduled to be used for the project in 2020 would be held until 2021 to use for the Mill and Overlay project.
Attorney Kuntz stated that if the Council decides to defer the Mill and Overlay project until 2021 and combine it with the Grieve Glen project, the costs could be combined and the City could issue bonds for the project. He noted that the monies held in reserve, $138,000, could be used to pay for the sealcoating project and the City could issue bonds in the amount of $380,000 for the other two assessable projects.
The Mayor asked if there were any questions from Council and there was no response.
Mayor O’Leary moved to delay the 2020 Mill and Overlay project to 2021 in order to allow the City to combine this project with the Grieve Glen reconstruction project and provide the ability to issue bonds, seconded by Councilmember Wahlstrom and carried. (5-0)
B. Dakota Country 2040 Transportation Plan Update: The Engineer explained that he and the Planner met with Dakota County to discuss the 2040 Transportation Plan Update and to determine if the plan would impact Sunfish Lake improvements. He explained that nothing in the plan appeared to negatively impact Sunfish Lake and that some County improvements planned may assist with reducing traffic. He noted that in 2010 the Sunfish Lake Council sent a resolution to Dakota County that outlined rationale to discourage any improvement to Delaware Avenue that would increase traffic.
Engineer Sandberg stated that he also discussed the configuration and steep grade at the intersection of Salem Church Road and Delaware Avenue and whether or not the County would work with the City to make it safer. He said that the County explained that it would depend on whether or not the number of accidents shows a need for a change at the intersection. If the numbers indicate a change is needed, the County would undertake the project and pay the costs. Unfortunately, Dakota County had no record of any accidents at that intersection. He commented that West St. Paul Police had also been asked to research if any accidents occurred at the intersection.
C. Pay Request – Charlton Road Reconstruction Project: The Engineer stated that staff determined the project was completed per the contract plans and specification and he tried to submit the final payment for the Charlton Road project this month. However, the contractor was unable to provide a final payment request at this time. Staff anticipates the final payment request would be submitted at the January 2020 meeting.
Mayor O’Leary asked if the Engineer would be holding any funds.
Engineer Sandberg explained that the project is 100% completed and after this payment of $73,394.81 the City would still retain $38,339.89 until the final payment, likely in January 2020.
Councilmember Hovey noted that there are still ruts in the right-of-way along the road next to Highway 61.
Engineer Sandberg explained that he spoke to MnDOT and was advised that they were satisfied that all of the required restoration was complete. MnDOT said they would not release their permit until next spring because they need to see the turf and vegetation established.
There was discussion regarding whether or not the City could withhold funds for a period of time. The City Attorney explained that State Law allows for only a retainage amount to be withheld until the project is completed.
Councilmember Bulach moved to authorize payment No. 3 in the amount of $73,394.81 to Valley Paving for the Charlton Road/Sunfish Lake Outlet Improvement Project, seconded by Councilmember Wahlstrom and carried. (5-0)
D. Consider Replacing Fire Marker Sign: The Engineer explained that earlier this year the City replaced fire markers in the City that were damaged or missing. He stated that a resident on Charlton Road notified staff that all fire markers on the street were replaced with the exception of one marker that designates the properties for 2120 thru 2150 (1 marker for 5 properties). Staff requested a quote to replace this sign at a cost of $239.75 for a double-sided sign for installation this year.
Mayor O’Leary explained that the resident requesting the sign replacement had donated a substantial easement to the City in order to accomplish the improvements to Charlton Road and that he supported the request.
Mayor O’Leary moved to approve the expenditure of $239.75 to replace one (1) fire marker for the five (5) properties at 2120 thru 20150 Charlton Road, seconded by Councilmember Hansen.
In discussion, Councilmember Hovey asked if the funds would be taken from the City’s General Fund and Engineer Sandberg explained that the funds would be taken from the City’s Sign Replacement Fund.
Motion carried. (5-0)
2. Building and Site review in the Month of November: A. 1 Sunfish Lane: Staff reviewed a resubmittal of a previously approved plan for this property. The previously reviewed plan did not include all significant trees that would be impacted by the improvements and the property owner is having the site redesigned to reduce the impacts to significant trees. It is anticipated that this re-application would be presented to Council at a future meeting.
B. 315 Salem Church Road: Staff reviewed the submittal for a Minor Site and Building Review for 315 Salem Church Road.
3. Public Works Activities Undertaken in the Month of November: A. Charlton Road Construction Project: Staff conducted a final walk-through on the project and determined that all outstanding items were completed and that the project was constructed in accordance with the plans and specifications.
B. Delaware Ditch Cleaning: Staff was in touch with Dakota County regarding the ditch cleaning on the west side of Delaware Avenue, south of Charlton Road. The County had not cleaned the ditch, however, it appears to be flowing better at this time and the cleaning can wait until spring.
4. Anticipated Engineering and Public Works Activities for December: No Engineering/Public Works activities are anticipated for December.
Engineer Sandberg explained that he had not received any complaints relating to snow removal until the day of this City Council meeting. He was advised that two (2) complaints were received regarding the icy conditions on Salem Church Road. He noted that this occurs due to the heavy tree coverage that prohibits the sun from melting the snow and ice on the road. He advised that any hazardous road conditions should be emailed directly to the contractor at
Council thanked the Engineer for his report.
8. NEW/OTHER BUSINESS: a. Consider the following:
1. Resolution Adopting the General Fund Operating Budget for 2020 and, 2. Resolution Adopting the Tax Levy for Collection in the Year 2020: Council was referred to the memorandum from Attorney Kuntz dated November 26, 2019 relating to the proposed resolutions outlining the 2020 General Fund Operating Budget and the 2020 Tax Levy for the City of Sunfish Lake.
Mayor O’Leary asked if there were any questions regarding the budget or tax levy and there was no response.
Councilmember Hovey moved to adopt Resolution No. 19-36 titled, Resolution ADOPTING the General Fund operating budget for the City of Sunfish Lake for the year 2020, seconded by Councilmember Wahlstrom and carried. (5-0)
Councilmember Hovey moved to adopt Resolution No. 19-27 titled, resolution levying and adopting the tax levy for collection in the year 2020 in the amount of $670,152, seconded by Councilmember Hansen and carried. (5-0)
3. Resolution Setting Dates for the Regular City Council Meetings for 2020: Council was referred to the memorandum from Attorney Kuntz dated November 26, 2019 regarding setting the dates for the regular City Council meetings for 2020.
Attorney Kuntz noted that there are two changes in the regular meeting dates and that they are due to elections that are scheduled in 2020. The March meeting will be held on Wednesday, March 4, due to the Presidential Nomination Election scheduled on March 3, and the November meeting will be held on Wednesday, November 4, due to the General Election scheduled on November 3, 2020.
Clerk Iago explained that an additional Special Canvass meeting would be scheduled sometime in November in order to canvass the results of the City election, however, that could be set at a later date.
The Mayor asked if there were any further questions or changes and there was no response.
Councilmember Hovey moved to adopt Resolution No. 19-38 titled, Resolution Setting dates for the regular city council meetings for 2020, seconded by Mayor O’Leary and carried. (5-0)
4. Resolution Setting Dates for the Planning Commission Meetings for 2020: Clerk Iago explained that Council normally refers this resolution to the Planning Commission to adopt and that the resolution was adopted at the September Planning meeting.
5. Resolution Setting Dates for 2020 Planning & Land Use Application Deadlines: Attorney Kuntz explained that the Planning and Land Use Application Deadlines for 2020 are established in order to distribute to potential applicants so they are aware of the time-frame for submission of documents.
The Mayor asked if there were any questions or comments and there was no response.
Councilmember Hovey moved to adopt Resolution No. 19-39 titled, Resolution Setting the Dates for Planning and Land use application deadlines for the year 2020, seconded by Councilmember Wahlstrom and carried.
(5-0)
b. Discuss Appointment of Council Sub-Committee to Review Employee Salaries for 2020: Mayor O’Leary asked that this item be discussed later under agenda item h.
c. Consider Approval of Northern Dakota County Cable Commission (NDC4) 2020 Budget: Clerk Iago explained that she received an email from Jodie Miller, Executive Director at NDC4, requesting that all member cities approve the proposed 2020 NDC4 Budget within 60 days of its receipt. She stated that she sent the documents to the City Treasurer for review and the Treasurer did not find any issues or items of concern. She commented that Councilmember Wahlstrom serves on the Executive Board of NDC4 and would be able to respond to any questions.
Mayor O’Leary asked if there were any questions and there was no response.
Councilmember Bulach moved to approve the 2020 Northern Dakota County Cable Commission (NDC4) budget as presented, seconded by Councilmember Hansen and carried. (5-0)
d. Consider Approval of Revised 2020 Community Waste Abatement & Grant Application with Dakota County: Clerk Iago referred to her report dated November 27, 2019 and explained that Council had approved the grant application at their November meeting, however, she noticed a discrepancy in the amount of funds. She advised that it was her understanding that in 2021 cities would have to itemize the list of expenditures and return any unused funds to the County, which had not been the case in the past. However, this rule was instituted in 2020. The Clerk advised that she met with the Recycling Coordinator to review the grant application, identify the funds that would be needed and revised the grant with the corrected dollar amount.
Clerk Iago pointed out that the City would not receive the same level of funding, but that this would not negatively impact the budget since the funds may only be used for recycling purposes. She recommended adoption of the revised grant application as presented.
Councilmember Hansen moved to approve the revised 2020 Community Waste Abatement Grant Agreement and Funding Application between Dakota County and the City of Sunfish Lake, seconded by Councilmember Hovey and carried. (5-0)
e. Noise Oversight Committee (NOC) Update Regarding City of Eagan’s Request for Flight Alterations: Mayor O’Leary referred to the information he distributed; his letter dated November 15, 2019 to the Metropolitan Airports Commission (MAC), a letter from the City of Eagan to the MAC which outlined their recommendations and requests relating to airport noise that affects their city and asking MAC to forward the information to the FAA, and information relating to the Runway 17 Study.
The Mayor explained that he was contacted by Representative Angie Craig and that he explained this was a break in tradition from presenting requests as a group versus individual cities. He noted that the City of Minneapolis also supports the recommendations submitted by the City of Eagan since it would also decrease noise over that city.
Mayor O’Leary explained that his letter expresses Sunfish Lake’s concern regarding shifting the noise from one place to another and objects to the information being sent to the FAA. He noted that if the FAA agrees to review the requests it could result in a six month to one-year test period. He encouraged residents to be more conscious of noise increases and to report any noise issues to the MAC and the Noise Oversight Committee (NOC).
f. Report on 2019 Deer Management Program: Chief Sturgeon stated he was unsure how many deer had been taken and stated he would research and report back to Council.
Forester Nayes advised that he counted approximately 12 deer had been taken so far and noted that there were still 2 weekends remaining as part of the approved deer management plan.
g. Ratify Approval of Snow Removal Services Agreement with Executive Contractors, Inc.: Attorney Kuntz referred to his memorandum dated November 26, 2019 regarding the Snow Removal Services Agreement with Executive Contractors, Inc. He explained that at the October 1, 2019 meeting, Council awarded a lump sum bid to Executive Contractors, Inc. subject to the City’s Attorney’s review and approval of the contract. He stated that he prepared a contract for the snow removal services and recommended Council ratify approval of the document.
Mayor O’Leary moved to ratify approval of the Snow removal Services Agreement with Executive Contractors, Inc. as prepared by the City Attorney, seconded by Councilmember Hansen.
in discussion, Councilmember Hovey noted that there are areas along Salem Church Road and also on Charlton Road that may need more salt and sand since they become slippery on the curves and where there is substantial tree cover. He also noted that the contractor should be advised to plow a more open area on both sides of the north end of Charlton Road so that it is easier for traffic to enter and exit from Highway 62.
Engineer Sandberg stated he would relay the message to the contractor.
Mayor O’Leary asked if there were any further comments or questions and, hearing non, called for the vote.
Motion carried. (5-0)
Mayor O’Leary explained that complaints regarding snow plowing were being sent to FaceBook and he read the response he had prepared to the complaints. He stated that he asked the City Engineer to distribute the City’s Snow Plowing Policy to Council this evening. He further explained that he asked the representative who monitors the FaceBook page for the City to pass information on to participants regarding how to contact the contractor and City Engineer if there is a problem with the streets. He stated he discussed with the City Forester the possibility of removing tree cover from Salem Church Road to allow the sun to melt the snow and ice and asked the Forester to comment.
Forester Nayes explained that it would not be feasible to remove the large trees from the roadway as that would be costly and would eliminate privacy for the homes that are close to the road.
Engineer Sandberg stated that he lives in Minnetonka and that he experiences the same issues on his street and has noticed a similar level of plowing on residential streets around the metro. He spoke with our contractor about the ongoing issues. The contractor was very responsive and advised that he had applied sand and salt today and would scrape along Salem Church Road this evening.
h. Consider 1. Contract with Northwest Associated Consultants (NAC); 2. Consider Planning Services Contract: Mayor O’Leary explained that during the consultant reviews, Council had discussed whether or not to continue with the current consulting firm for planning services or if they should seek other options. He put forward the two (2) options discussed: 1) Council could appoint an employment committee consisting of the Mayor, one Councilmember, the City Attorney and the City Clerk and interview applicants for the planning services position; or, 2) Council could decide to continue with the same planning firm, NAC, and use the services of a more experienced planner at a substantially higher rate.
The Mayor explained that he contacted NAC to explain that the City would be adopting the 2020 budget with $30,000 for planning services and their staff advised that they could manage to provide services for that cost even with a more experienced planner.
Mayor O’Leary stated that he also contacted WSB Engineering to inquire if they provide planning services. He was referred to Planner Peggy Sue Imihy and told that she currently works with the cities of Ramsey and Wayzata. He advised that he and Councilmember Hansen had conducted an interview with Ms. Imihy and they both agreed that she would be very capable of handling the planning services for Sunfish Lake. He further explained that her hourly rate was slightly higher than the current planner, however, WSB also committed to remain within the $30,000 budgeted amount for 2020.
The Mayor noted that NAC staff would have excellent institutional memory, provide consistency and that they currently maintain all the City files. However, he noted that having the planning services within the same firm as the engineering services could be beneficial when reviewing applications for construction and setting up site meetings, etc.
There was discussion regarding when the contract expires with NAC and, if a change occurs, when and how the files and data transfer would be accomplished.
Mayor O’Leary explained that the City does not have a formal contract with NAC but would have to provide an official notice of termination with at least 30 days’ notice. He noted that no action is required if Council wishes to remain with NAC.
Councilmember Hansen commented that it is her opinion it may be better to have the planning and engineering services with the same company since that would assist with better communication relating to planning applications.
Councilmember Wahlstrom agreed.
Councilmember Bulach pointed out that it may help other staff members, such as the Building Inspector, if both services were with the same company and the consultants could interact in a timely manner.
Councilmember Hovey noted that it appears the Council supports hiring WSB for planning services; he asked when a decision would be required.
Councilmember Bulach asked if the City must obtain three (3) quotes for services.
Attorney Kuntz explained that State law does not require the City obtain quotes and Council has the authority to make a decision at this time. He noted that he was unable to find a current written contract with NAC and advised the last correspondence regarding their services was dated 15 years ago. He advised that it would be appropriate for Council to send a letter of termination with 60 days notice to the company.
Councilmember Hovey asked if Council decided this evening to terminate the current planner, could the City give 30 days’ notice rather than 60 days; he commented that he would prefer the new person start at the beginning of the year.
Mayor O’Leary agreed there should not be any gaps in service.
Councilmember Bulach asked if the two planners might have to “double-up” for one month.
Mayor O’Leary responded that it would not be necessary to “double-up” as the information and files transfer could be accomplished within the 30- or 60-day notice period.
There was discussion regarding what items were outstanding with the planner.
Clerk Iago advised that the Planning Commission continued the November public hearing and tabled two (2) items to the December Planning Commission meeting. She commented that the Commission should meet in December to take action to further continue and table these items until the first planning meeting in 2020. She pointed out that both items were initiated through Council discussion and direction to staff and were not regular planning applications.
Mayor O’Leary asked if there was any further discussion and there was no response.
Councilmember Hovey moved to direct the City Attorney to prepare a 30-day Notice of Termination of planning services letter for Northwest Associated Consultants and to authorize the City Attorney to prepare a written contract for hiring Peggy Sue Imihy from WSB for planning services, seconded by Councilmember Wahlstrom and carried. (5-0)
Attorney Kuntz explained that at the December Planning Commission meeting they should take action to continue the public hearing and table the two (2) items to their January meeting.
Mayor O’Leary stated he would contact the City Planner to advise him of the action taken this evening.
i. Other: b. Discuss Appointment of Council Sub-Committee to Review Employee Salaries for 2020: Attorney Kuntz referred to his memorandum dated November 26, 2019 regarding the appointment of a Council sub-committee to review the 2020 salaries for the position of City Clerk and City Administrator, City Treasurer and City Forester. He explained past practice was to appoint two (2) Councilmembers to meet and recommend a compensation amount for each employee. He noted that once this is done, he would amend the employment agreements for each individual and present the information to Council at their January meeting.
Mayor O’Leary stated that Councilmembers Hovey and Bulach had served in this capacity in the past and asked if they would be willing to do so again.
Councilmembers Hovey and Bulach agreed to serve on the sub-committee.
Mayor O’Leary asked if there were any further questions or comments and there was no response.
Mayor O’Leary moved to appoint Councilmembers Hovey and Bulach to serve on the sub-committee to review employee salaries for 2020, seconded by Councilmember Hansen and carried. (5-0)
Mayor O’Leary asked if there was any further business and there was no response.
9. ADJOURN: Mayor O’Leary moved to adjourn the meeting at 9:05 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.