SUNFISH LAKE CITY COUNCIL MEETING – JULY 10, 2012
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Richard Williams
Councilmembers: Judy MacManus, Roger Conant, Mike Hovey and JoAnne Wahlstrom.
City Attorney: Tim Kuntz
City Engineer: Don Sterna
City Treasurer: Mike Blair
City Planner: Bob Kirmis
Building Inspector: David Neameyer
City Forester: Jim Nayes
Police Lieutenant: Brian Sturgeon
City Clerk: Cathy Iago
and Members of the General Public.
1. CALL TO ORDER: Mayor Williams opened the meeting at 7:00 p.m.
2. APPROVE AGENDA: Mayor Williams stated he wished to add an additional item to the agenda under 8. New/Other Business, Appointment of the Planning Commission Chair. He asked if there were any other additions or corrections to the agenda and there was no response.
Councilmember Conant 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 Wahlstrom asked that her first name be corrected in the June 5, 2012 minutes to “JoAnne”.
Councilmember Conant inquired regarding unemployment tax. Treasurer Blair explained that the City is not subject to unemployment tax, but is self-insured. Mayor Williams explained that it is not uncommon for cities to be self-insured for this purpose.
Mayor Williams asked if there were any further comments and there was no response.
Councilmember MacManus moved approval of the Consent Agenda with the correction to the June 5, 2012 Council Meeting minutes as requested, seconded by Councilmember Wahlstrom and carried. (5-0)
a. Regular Council Meeting Minutes of June 5, 2012 as amended.
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 Kirmis explained that Mr. Brixius had a conflict and was unable to attend the meeting this evening. He reviewed the Planner’s report dated July 3, 2012. He stated that the Planning Commission met on June 20 to consider the development application for a major site plan review and a variance from the shoreland setback regulations for property located at 2144 Charlton Road. He noted that the home is a legally non-conforming structure as it does not meet the required 200 ft. setback from the lake’s ordinary high water level. He advised that the Planning Commission recommended approval of the request and required that the applicant submit formal construction drawings for review prior to Council action on the application. He advised that the applicant submitted a letter requesting that this matter be postponed to the August 7, 2012 Regular Council meeting to allow time for preparation of the construction plans.
Planner Kirmis advised that development inquiries were made for property located at 2400 Delaware for information relating to installation of a swimming pool, spa, cabanas with fireplaces, a toilet room, an outdoor shower, an outdoor grill area and landscaping and screening. He explained the project would also include fencing and gates, rain garden installation, driveway gate and gate posts and expansion of the driveway pavement. He noted this project would require applications for Major Site/Building Plan Review and two Conditional Use Permits for the security gates and accessory buildings. He explained that the applicant intends to submit an application for the August Planning Commission meeting.
Planner Kirmis further advised that Planner Alan Brixius met with an architect regarding the teardown of the existing home at 345 Salem Church Road to accommodate the construction of a new home. The applicant wishes to maintain the current non-conforming 80 ft. building setback from the shoreline of Sunfish Lake. He stated that this property was discussed with the Planning Commission and Council prior to directing the applicant on the necessary applications for a Major Site/Building Plan review and Variance from the 200 ft. shoreland setback. He advised that the project architect was instructed to contact the City Engineer to address grading and drainage issues and the City Septic Inspector for on-site sewer inspection and standards. The applicant indicated they would attempt to submit applications and plans for the August Planning meeting.
The Planner explained that there were also inquiries for properties located at 2471 Angell Road on accessory building size, height and location; 47 Sunnyside Lane on landscaping; and 2250 Delaware relating to a subdivision and minimum lot area, buildable lot area, width and access; however, there were no schedules discussed for formal applications for these projects.
Mayor Williams advised that he received a report from the Census Bureau indicating there are three (3) townhomes in Sunfish Lake; he asked if the planner was aware of how that data would have been received by the agency.
Planner Kirmis stated he was unaware of how they would receive the data.
Clerk Iago advised that Planner Brixius normally works with census data and suggested the Mayor contact him.
The Mayor asked if a back-up generator is considered a structure on private property. Resident Jim Sullivan stated that he was told it is a structure when he contacted the City.
The Planner stated that the July Planning Commission meeting was cancelled due to lack of applications.
Council thanked the Planner for his report.
7. INSPECTOR’S REPORTS: a. Building Inspector: Building Inspector David Neameyer informed Council that there were two (2) building permits issued in June and that permit activity has been slow.
Council thanked the Building Inspector for his report.
b. City Engineer: Engineer Sterna reviewed his report dated July 2, 2012.
Crack Seal : The Engineer stated that the contractor anticipates beginning the project near the end of July or early in August and indicated that it should be completed in one day.
Charlton Road Ditch and Culvert Repairs: Engineer Sterna advised that residents were notified of the proposed culvert cleaning and Pine Bend has scheduled the work for the week of July 11. He explained that four (4) easements were obtained for cleaning of private driveways. He stated that once the work is completed, Pine Bend Paving will grade the surface of the road that has been damaged from the work and wet spring weather.
Councilmember Hovey asked if the contractor could also grade the north end of Charlton Road where “wash-boarding” has occurred. The Engineer responded yes.
Salem Church Road Shoulder Repair: The Engineer advised that the contractor repaired the gravel should on both sides of Salem Church Road. He stated that he met with Mr. Bulach to review options for construction of a more permanent solution to the run-off issue. He indicated that it was the general consensus that a 4-ft. wide paved shoulder with a steeper cross slope would help dissipate the accumulation of water along the shoulders’ edge and would reduce the erosion potential. He noted that the preliminary CIP identifies this section of the roadway to be resurfaced in the next eight to ten years, at which time the City would make the shoulder improvements. He indicated the other option would be to pave the shoulder as part of the Windy Hill Road improvements which is tentatively scheduled in the next two to three years.
Street Pavement Repair: Engineer Sterna stated that Pine Bend Paving reviewed the City streets and identified more areas for repair than were first estimated in June. He asked to amend the original request for $1,500 and increase the amount not to exceed $3,500. He indicated that this would allow for additional surface repairs which will mitigate future repair costs. He stated that the 2012 budget allocated up to $3,500 for surface repairs and asked that council authorize the increase to the original request for up to $3,500, as approved in the 2012 budget. He stated that no cracksealing or overlay will be done on Windy Hill Road or Windy Hill Court because in his opinion it would not last long; he stated he would discuss this further during the CIP discussion.
Councilmember Hovey moved to authorize and increase to the expenditure for spot pavement repairs as recommended by the City Engineer in an amount not to exceed $3,500, seconded by Councilmember Wahlstrom
In discussion, the Mayor asked if these spot repairs would maintain the life of the roadways. The Engineer responded yes, with the exception of a small area on Windy Hill Road scheduled for patching.
Mayor Williams asked how much of the $8,000 budgeted in the 2012 public works budget has been used. The Treasurer responded none.
Councilmember Conant suggested that in the future it would be helpful for the Engineer to identify the areas that would be scheduled for repairs so that Council could view the areas under consideration.
Engineer Sterna agreed to include a map of the street repairs in the proposal for next year so that Council may review the project prior to approval of the expenditure.
The Mayor asked that the Engineer also identify what repairs will be done on each street. The Engineer agreed.
Mayor Williams called the question.
Motion carried. (5-0)
2012 CAMP Program Contact: Engineer Sterna stated he received the fully executed 2012 CAMP program contract from the MPCA and advised that MPCA would begin contacting residents who have volunteered to do the testing of the lake water.
Public Works Activities Undertaken in the Month of June: MS4 Annual Report: The Engineer stated that the MS4 Annual report for 2012 was completed and submitted to the MPCA at the end of June for their review and approval.
345 Salem Church Road and 2400 Delaware Ave: Engineer Sterna stated he met with the property owner at 345 Salem Church Road to discuss drainage issues and reviewed the plans for the property at 2400 Delaware Avenue.
Anticipated Engineer/Public Works Activities’ for the Month of July: CIP Update: Engineer Sterna advised that the draft of the CIP was presented to Council at their June meeting for review prior to discussion this evening. He stated that the document would be finalized to reflect comments received from the Council this evening for adoption at the August Council meeting. He noted the document would be utilized to plan next year’s budget for Public Works activities and also to plan for future infrastructure maintenance and improvements.
Prepare the 2013 Draft Public Works Budget: The Engineer stated he would prepare the draft 2013 budget for engineering and public works activities for next year for discussion at the August Council meeting.
Council thanked the Engineer for his report.
c. CITY FORESTER: Forester Nayes stated he issued three (3) burning permits in June. He advised that Rough Cutt mowed the roadsides and that one comment was received from a homeowner who suggested that the contractor also weed whip around mailboxes; he told the resident that maintaining the mailbox area is not part of the contract.
The Forester explained that three samples of possible oak wilt were submitted to the U of M plant disease diagnostic center and two were confirmed positive for oak wilt; one was negative. He advised that he has followed up with the owners with the confirmed oak wilt and will continue monitoring other possible diseased trees.
Forester Nayes stated that the storm on June 19 caused minimal damage to City trees; he advised that branches blown onto streets were all cleared that day. He advised that some residents reported losing up to 10 trees.
Councilmember Hovey commented that due to the trimming of branches along Charlton Road, the Forester saved residents from losing electricity.
The Forester stated he has begun the process of street tree clearance pruning along Acorn Drive, 60th Street 55th Street and Zehnder Road; the pruning will continue throughout the summer months.
Lynette Olsen asked if the pruning was done for emergency vehicle access and the Forester responded yes.
Councilmember Conant asked if the burning permits remain active if residents do not use them in June.
The Forester explained that typically the permits are used within one week of issuance; however, due to the dry weather, the permits would remain in effect if residents are unable to burn. He noted that residents must call him prior to using a permit and that they also notify the police department. He explained that there are precautionary measures listed on the back of each permit and he reviews the items with residents when the permit is issued.
Council thanked the Forester for his report.
PUBLIC SAFETY: Lieutenant Sturgeon reviewed the public safety report dated June 25, 2012. He explained that a tree fell onto a power pole which resulted in the Fire call and that the ordinance violation was due to a resident using a bow in their yard for target practice. He explained that Minnesota was declared a disaster area due to the June 19 storm and will receive Federal funding; he stated that these funds could be used for clean-up purposes.
Lt. Sturgeon explained that there was an issue relating to the address of Harmon Park when the police department received a call regarding fireworks in the park. He stated that when police responded to the call they noted that the fireworks were not coming from the park, but from a private residence.
Mayor Williams asked if they were aerial fireworks and if they are illegal. Lt. Sturgeon responded yes and pointed out that with the dry conditions, the fireworks may have set-off a fire in the City.
Mayor Williams commented that he would place an article in the Sunfish Lake Quarterly regarding the hazards of fireworks and informing residents that aerial fireworks are illegal.
Lt. Sturgeon advised that the department has received complaints regarding speeding and stop sign violations along Salem Church Road and Windy Hill Road; he noted that the police department would patrol these areas.
There was a brief discussion relating to the address confusion at Harmon Park. Clerk Iago advised that Engineer Sterna was recently appointed as the City liaison to Dakota County for street naming and addressing.
Council concurred to direct the Engineer to contact Dakota County regarding the address for Harmon Park.
Council thanked Lieutenant Sturgeon for his report.
8. NEW/OTHER BUSINESS: a. Consider Resolution Appointing Election Judges for August 14, 2012 Primary Election: Clerk Iago explained that Minnesota Statutes require Council to appoint Election Judges to serve at the August 14, 2012 Primary Election. She presented the proposed resolution with the names of the judges who would serve at the Primary Election and recommended adoption as presented.
Mayor Williams asked if there were any questions or comments and there was no response.
Councilmember Wahlstrom moved to adopt Resolution No. 12-11 titled, RESOLUTION APPOINTING ELECTION JUDGES TO SERVE AT THE AUGUST 14, 2012 PRIMARY ELECTION, seconded by Councilmember MacManus and carried. (5-0)
b. Consider Approval of Liability Insurance Coverage: Attorney Kuntz explained that the League of Minnesota Cities Insurance Trust annually asks whether or not the City wishes to waive the liability limits and the City has consistently responded “no”; he recommended Council approve a motion not to waive the liability limits and to accept the coverage of $1,500,000.
Councilmember Hovey moved to direct the City Treasurer to inform the LMC Insurance Trust that the City of Sunfish Lake does not waive the liability limits and accepts the coverage of $1,500,000, seconded by Councilmember Wahlstrom.
In discussion, Councilmember Conant asked if this is a common practice for cities and how many cities do this annually. Attorney Kuntz explained that it is common for cities to waive the liability limits; however, he was unsure how many cities do so.
Mayor Williams called the question.
Motion carried. (5-0)
d. Discuss Deer Management Committee Report: The Mayor asked Jim Nayes to present the Deer Management Committee report and Mr. Nayes advised that Councilmember Hovey would make the presentation.
Councilmember Hovey referred to the committee report dated June 26, 2012 and stated that the committee discussed the fact that the deer numbers within the city are substantially higher than the number for a healthy deer population. He noted that the 2012 aerial deer count was 60 and that the area should only support between 12 and 15 deer. He reviewed the six items the committee listed as negative aspects of an excessively large deer population.
Councilmember Hovey advised that the committee based the limited success of the last two hunts on the limited number of hunting stand locations, the suitability of those locations and weather conditions. He stated that the committee suggests that more hunting locations should be made available at sites that have an increased likelihood for success. He explained that the committee would attempt to contact residents to locate small herds or places where deer actively congregate. He further noted that the committee suggested six (6) weekends for hunting, and that a minimum property size of two-acres for private property hunting be used, if the land is deemed safe and a potentially effective site by the City liaisons. He also stated that the committee wanted to emphasize that the deer management hunt would not be for trophy purposes, but merely to cull the herd to reduce safety and health issues.
Mayor Williams asked if the committee was requesting Council action this evening and Councilmember Hovey responded no.
Councilmember Conant asked if the committee recommendation includes any two-acre property for hunting.
Councilmember Hovey responded yes, but noted that the parcel would have to be reviewed and approved by the City liaison for deer management. He further advised that the committee discussed a longer season than six weeks.
The Mayor suggested that the committee formulate a formal recommendation for Council action. He further suggested that the proposal should be submitted prior to holding a public hearing on the matter.
Councilmember Conant asked who served on the committee and Councilmember Hovey referred to the report for a listing of members.
Jim Nayes commented that the committee also wished to inform Council that not all the members who serve are interested in hunting and that some members are only interested in reducing the herd.
Attorney Kuntz asked when the hunting season begins in Minnesota and Councilmember Hovey responded the second weekend in September. The Attorney suggested the matter be discussed with the public at the August meeting.
Mayor Williams asked if a formal notice should be published for the hearing and the Attorney responded no, that advertisement on the website and posting at the church would be sufficient.
Councilmember Hovey stated he would have a formal recommendation for discussion at the August meeting. The Mayor suggested that the proposal include consent forms and rules for removal of the entrails.
Councilmember Conant commented that he may not be at the August meeting.
f. Appoint Planning Commission Chair: Mayor Williams explained that with the appointment of JoAnne Wahlstrom as a Councilmember, there was a vacancy for the Chair of the Planning Commission He advised that he contacted Commissioner Svendsen, a long standing member of the commission, and asked if he would be willing to serve as Chair of the Commission for the remainder of the year; Svendsen responded yes. The Mayor recommended appointment of Arnulf Svendsen as Chair of the Planning Commission for the remainder of 2012.
Councilmember Conant moved to ratify the appointment of Arnulf Svendsen as Chair of the Planning Commission for the remainder of 2012 as recommended by the Mayor, seconded by Councilmember Hovey and carried. (5-0)
e. Schedule a Special Meeting to Discuss the Proposed 2013 Budget: Mayor Williams explained that Council normally schedules a study meeting to discuss the proposed budget in August each year; he suggested the study meeting be scheduled prior to the regular Council meeting on August 7. After a brief discussion, Council concurred to schedule the meeting on August 7 at 6:00 p.m. and asked that the City Treasurer send out the preliminary budget for their review.
Councilmember Hovey moved to schedule a Study Meeting for the purpose of discussing the Sunfish Lake 2013 Preliminary Budget from 6:00 to 7:00 p.m. on August 7, 2012 at St. Anne’s Church, seconded by Councilmember Wahlstrom and carried. (5-0)
c. Discuss Draft Capital Improvement Plan (CIP): Engineer Sterna advised that he had completed the re-evaluation of the City culverts, streets and other infrastructure facilities. He commented that pavement maintenance is an issue on Charlton Road that has been discussed numerous times over the years, with residents being equally divided as to whether or not the road should be paved. He referred to Exhibit A, which shows the year roads were constructed in the City. He noted that the oldest construction was done in 1989 and the most current in 2009 on Salem Church Road.
The Engineer explained that the 2012 Pavement Evaluation Map shows current road conditions, based on specific criteria, and advised that the higher numbers in the rating mean the roads are in good condition. He indicated that if a road is rated 60-90, the recommendation would be for crack-sealing or patching; 40-60, the recommendation would be mill and overlay; and, 0-40 the recommendation would be reconstruction. He pointed out that while mill and overlay is a costly procedure, it is less expensive that reconstruction and typically extends the life of the road 15-20 years. He noted that because the roads do not have curb and gutter it is financially beneficial to the City as this reduces the improvement costs.
Mayor Williams asked if it was possible to maintain roads so that they never have to be reconstructed. The Engineer explained that because of soils and silt coming through the base of the road it is not possible, but it can be delayed.
There was discussion relating to the condition of Charlton Road and the Engineer pointed out that some of the road was constructed on a swamp area. He discussed the fact that use of a stronger base for the road would eliminate some problems.
The Engineer explained that the culvert cleaning, crack-sealing and patching would be completed as outlined in the 2012 proposed CIP.
The Mayor stated that Xcel Energy should be contacted to repair Acorn Drive prior to the crack-sealing project; he advised that he would call Xcel to insure this is done.
The Engineer noted that the roads in the worst condition that should be considered in the CIP are Upper 55th Street, Windy Hill Road and Windy Hill Court. He explained that he is unsure what is causing the cracks on Windy Hill Court and speculated that the bituminous mix may not have been tested prior to installation.
Councilmember Wahlstrom asked if the City has any recourse to recover costs on the project. The Engineer responded no and explained that too much time has passed; he noted that it is important to insure inspections are done during the project to insure the proper base and mix are used.
The Engineer reviewed the 2013 to 2018 recommendations as shown in Exhibit C.
Councilmember Conant asked if mill and overlay is expensive and if the City would assess a portion of the costs. The Engineer responded that mill and overlay is expensive, but less costly than reconstruction. The Mayor indicated that a portion of the costs could be assessed.
Councilmember Conant noted that Angell Road serves very few homes and may not need as much work since it is not as well traveled as other roads in the City.
The Mayor indicated that because there are very few residents impacted on the road, they may have to pay a significant assessment.
There was discussion relating to assessments and showing benefit for improvements. The Engineer pointed out that there is only one home on Upper 55th Street and commented that some counties in Minnesota are turning roads back to gravel to eliminate the higher improvement costs.
Attorney Kuntz inquired regarding the CIP bond repayment line ($40,000) listed on the Funding Sources portion of the 2012 Draft Summary. Treasurer Blair responded that this is the bond and interest payable. The Attorney suggested and Treasurer Blair agreed that it would be more appropriate to include only the city bond levy portion which would be approximately $28,000 per year compared to the $40,000 listed, which includes assessment and interest paid by the residents.
Engineer Sterna agreed to make the change.
The Attorney suggested that Council may wish to consider some number as a target for the levy each year so that there is some stability in the annual tax amount.
The Mayor agreed that it would make sense to build up a fund for road maintenance by levying annually.
Engineer Sterna explained that once the CIP is approved, staff would then be directed to identify projects annually, prepare a feasibility report that lists the scope of the project and estimated costs, receive Council approval and conduct a public hearing in order to assess for a project; he noted this is the procedure as outlined in Minnesota Statutes Chapter 429 for improvements.
The Engineer advised he would review the numbers and prepare the CIP for Council adoption at the August meeting. He indicated that there would be two major reconstruction projects proposed in the next 10 years and the rest of the projects would be routine maintenance. He pointed out that the CIP costs are reduced after the bond payment in 2021.
Attorney Kuntz referred to Item C, Charlton Road Maintenance and Item 8, Culvert Cleaning and suggested that it would be appropriate for Council to consider setting aside funds for a culvert cleaning program on a regular basis.
There was discussion relating to maintenance issues on Charlton Road and the Mayor commented that it may be beneficial to pave the road from Highway 110 to the church, as that is the area with the most traffic.
The Engineer suggested that the 2014 projects identified in the CIP may be extended one year if funds are not available due to unforeseen issues; however, he suggested that the 2013 projects should be completed.
Councilmember Conant agreed that Council should identify an average annual expenditure for road maintenance and levy an amount for that purpose.
The Mayor suggested that it would be appropriate to educate residents as to why it would be beneficial to levy the funds.
The Mayor asked if there were any further comments or questions and there was no response.
The Engineer stated he would make adjustments to the CIP and distribute it for Council review and adoption at the August meeting. He advised he would email the revised cost sheet for their review.
The Mayor asked if there was any further business and there was no response.
9. ADJOURN: Councilmember Wahlstrom moved for adjournment at 9:05 p.m., seconded by Councilmember Hovey 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.