SUNFISH LAKE CITY COUNCIL MEETING – JULY 2, 2013

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

Attendants:

Mayor:  Molly Park

Councilmembers: Mike Hovey, Cathy DeCourcy, and Steven Bulach.

City Attorney:  Tim Kuntz

City Planner: Michelle Barness and Emily Shively
City Engineer: Don Sterna

City Treasurer:  Ann Lanoue
Building Inspector:  David Neameyer
City Clerk:  Cathy Iago
and Members of the General Public.
Councilmember JoAnne Wahlstrom and City Forester Jim Nayes were absent.

1.   CALL TO ORDER:  Mayor Park opened the meeting at 7:00 p.m. and requested a moment of silence for the passing of Vince Flynn, Don Spaeth Sr. and Dr. Robert Knutson.

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

Planner Barness explained that Item 6.a. should be removed from discussion because the property owner had withdrawn the application.    

Attorney Kuntz asked for a brief discussion under Item 8.e. Other Business, that relates to the dates of the upcoming Deer Hunt.

Engineer Sterna advised that Item 8.a. should read “Discuss” Feasibility report for the 2014 Road Improvements rather than “Consider Approval” since he would not seek approval at this meeting.

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

Councilmember Hovey moved approval of the Agenda with the amendments as above-listed, seconded by Councilmember Bulach and carried. (4-0)

3.   CONSENT AGENDA:  The Mayor asked if there were any questions or comments relating to any items on the Consent Agenda and there was no response.  

Councilmember DeCourcy moved approval of the Consent Agenda as submitted , seconded by Councilmember Hovey and carried. (4-0)

a. Regular Council meeting minutes of June 4, 2013.

b. List of Bills

c. Monthly Financials

4.   COMMENTS FROM THE PUBLIC: Mayor Park asked if there were any comments from the public. 

Councilmember Hovey asked if staff could provide their reports to Council by Thursday preceding the regular meetings so that there is sufficient time to review the information and place it on the City website.

Treasurer Lanoue apologized for the delay in submitting her financial reports as she had some issues with the financial software.

In discussion, Council noted that there may be times when the information is delayed, but asked staff to attempt to adhere to the Thursday deadline. 

5.   PUBLIC HEARING:  None.   

6.         PLANNING COMMISSION/PLANNER’S REPORT: a.   Consider Minor Subdivision. 2158 Charlton Road: : Planner Barness advised that this application was withdrawn at the request of the property owner.

b.         Planner’s Report:  Planner Barness introduced Planner Emily Shively and explained that Ms. Shively would assist with the planning duties while she was on maternity leave later this summer. 

The Planner explained there was no meeting in June due to no applications being submitted. She referred to her report dated June 26, 2013 and explained that the issue of standing tree debris piles left over from the removal activities at 6 Acorn Drive was discussed at the last council meeting. Per Council request, staff investigated if the City Code or Zoning Ordinance addressed this issue and also contacted the Police and Fire departments to confirm if the tree debris piles are regulated as a fire or emergency hazard. She explained that the City regulations doe not specially address brush or tree debris piles but relate more to piles of “garbage” as a nuisance.  She also noted that the Fire Chief researched the matter and found that the State Fire Code does not currently contain any regulations relating to this issue and he commented that it is not likely tree debris or brush piles on private properties would constitute a fire hazard.  She advised that the Fire Chief did indicate that such debris piles may be a health concern as they may attract rodents and also that they may be unsightly for neighboring properties.

Planner Barness referred to a draft letter she prepared that requests the property owner to remove the debris piles and she suggested Council review the letter, make any comments or corrections, and then authorize staff to send it to the property owner.

Councilmember Hovey pointed out that the property owner is out-of-state.  The Planner pointed out that the letter is addressed to the property owner’s son, who is also out-of-state, and advised that she has spoken to the son on previous occasions and found him to be quite cooperative.  She suggested that a copy of the letter could also be sent to the Telander residence since they have been managing the tree removal at this location.

Mayor Park asked if a “seasonal” deadline should be included in the correspondence. The Planner indicated that she could contact the City Forester to determine an appropriate deadline, or she could just indicate a time-line in the letter.

After a brief discussion, Council concurred that the debris pile should be removed by the end of summer.

Mayor Park commented that she viewed the circular drive area on Acorn Drive and did not see a lot of damage.

Dr. Chesney explained that he no longer cuts the grass in this area and that occasionally Dr. Murphy will do so.  He explained that he removed some small trees that had fallen in the roadway from the 6 Acorn Drive property.     

The Planner advised that an application was submitted for the July planning meeting for a Major Site Plan Review and Conditional Use Permit (CUP) to construct a new home at 8 Roanoke Road.

Councilmember DeCourcy asked if this is a vacant lot and how large it is.  The Planner responded that it is a legal non-conforming 2.5-acre lot; she noted that the lot contains steep slopes that are not used in calculating the lot size and therefore, a CUP is required.    

Planner Barness advised she received a call from the property owners at 393 Salem Church Road and that they have made some small changes in their plans. She indicated that since the changes are to reduce and not increase the originally approved plans, staff may grant approval through the Minor Site Plan review process.

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

Council thanked the Planner for her report.

7.         STAFF REPORTS:  a.  Building Inspector: Building Inspector David Neameyer stated that he issued six (6) permits and closed eleven (11) permits in June.
Council thanked the Inspector for his report.

b. City Engineer: 2014 Street Reconstruction Project: Engineer Sterna stated that a copy of the Draft Feasibility Report for this project was distributed at the June Council meeting for review; he noted that the report did not include a recommendation for assessments. He explained that there was discussion regarding methods to assess the project fairly based on the complexity of the project which includes a mixture of residential properties, church property and some undeveloped land. He suggested that it would be appropriate to hire a land appraisal expert to assist with determining options for proper assessments. He advised that he and the City Attorney met with Mr. Danich, a property appraiser who has provided such information on previous projects, and he anticipated approximately 30 to 40 hours of work to review the project. He stated the hourly rate for Mr. Danich is $100 per hour and staff recommends Council authorize hiring Mr. Danich at a not to exceed rate of 40 hours or $4,000 to perform this work.  He noted the information provided by the appraiser would assist the City to show benefit to the affected properties and to prepare an assessment roll that would be included in the Feasibility Report for review at a public meeting.

The Engineer explained that the project is slated for 2014 and he indicated that there should not be issues relating to right-of-way with the exception of the Angell Road portion of the project; he pointed out the City did obtain some easements but not all. He pointed out that staff will continue to attempt to obtain easements that may be necessary; he indicated that it may be possible to complete the work within the City right-of-way without obtaining additional easements.

Councilmember Hovey asked how such projects were assessed in the past on private roads. 

The Engineer explained that the City previously had no formal assessment policy and that such projects were done with road maintenance funds. He advised that the City has since adopted an assessment policy, however, he pointed out that Windy Hill Court is designated as a “local” road and the assessments are designated at 80% to the property owner and 20% to the City. He pointed out that this project may not be able to show that level of benefit to support that assessment.

Mayor Park commented that the Acorn Drive project did not support the proposed level of assessment and the City utilized a portion of the Road Maintenance Reserve Fund to assist with the project costs; she asked if a portion of the road reserve funds could be used for this project. The Engineer agreed that could be done and commented that obtaining the appraisal information would assist the City in preparing an assessment roll prior to conducting a public meeting on the proposed project.

The Mayor asked if there was any further discussion and there was no response. She asked for a formal motion on hiring the appraiser.

Councilmember Hovey moved to authorize staff to hire a property appraiser at a cost not to exceed $4,000 to prepare appraisal documentation for the 2014 Street Reconstruction Project, seconded by Councilmember DeCourcy and carried. (4-0)

Engineer Sterna commented that the appraisal costs would be allocated to the project under “administrative” costs and could be recouped by the City. 

Councilmember Bulach asked when the final report would be completed. The Engineer advised that he would attempt to have the final report completed in August and asked Council to submit any questions or concerns to him as soon as possible.

The Mayor asked if the final report would be considered at the August meeting. The Engineer responded no and explained that Council should review the final document and he would submit it for formal adoption in September.

Councilmember Hovey asked that the Engineer email copies of the Feasibility Report and Capital Improvement Plan to Council for their review and for placement on the website.  The Engineer responded yes.

Inver Grove Heights Storm Sewer Improvement Cost Participation Update: The Engineer explained there has been no further process on this matter and that he is unsure if the project would proceed this year. He advised that he would request $3,500 be placed in the 2014 City budget for this project.

MS4 Permit Update: Engineer Sterna advised that the MS4 Permit was filed on June 28, 2013.

Delaware Avenue Safety Concern from March Council Meeting: The Engineer stated he received no update on this matter and stated he would contact the County regarding this matter.

Public Works Activities Undertaken in June:  2013 Street Pavement Repairs: The Engineer stated the pavement and shouldering material repairs were completed by June 14, 2013. The Council authorized an amount not to exceed $7,500 for this project; he noted that the actual costs were slightly higher, however, Pine Bend Paving agreed to accept the budgeted amount. He noted that Pine Bend performed some minor re-grading on Charlton Road as well as adding gravel and re-grading at several street intersections as requested by council: he advised the cost for this work was $300. He stated that the final costs for the street repair and intersection grading totaled $7,800 and the invoice would be process at the August meeting.

2013 Street Sign Replacements: The Engineer stated the new street signs were installed in early June and Council approved an amount not to exceed $6,750 to maximize the number of signs that could be upgraded. He noted that an additional three (3) street signs and one (1) stop sign was added to the list for a final contract amount of $6,680.50 and staff recommends payment to the contractor for this amount.

Clerk Iago asked if the Engineer had been contacted regarding replacement of a Fire Number sign. The Engineer responded that he was contacted by a resident; however, he misplaced the phone number. He asked if the Clerk could obtain the phone number and provide it to him. The Clerk responded yes.

2013 Seal Coat Project: Engineer Sterna advised the contract was awarded to Asphalt Surface Technologies Corporation in the amount of $37,238 and the Council authorized a contract not to exceed $40,000 at their March meeting. He stated that the crack-sealing work was completed; however, the seal-coat work was delayed due to the wet weather. He further noted that he would be requesting funds for striping on Salem Church Road at next month’s meeting. 

Anticipated Engineering Activities for the Month of July: 

Finalizing the 2014-2018 Capital Improvement Plan (CIP): Engineer Stern stated that he would revise the draft document based on Council comments received at the July meeting. He advised that no formal action is necessary this evening.

Mayor Park noted that in the opening narrative of the document, there was no street designation for Sunnyside Lane; she indicated that the correct designation should be a “local road” and asked that the Engineer insert that into the narrative.

Engineer Sterna agreed to do so and commented that he would submit the document for discussion at the August meeting and for formal adoption at the September meeting. He pointed out that he does not foresee any major issues related to engineering activities for 2014 and that he would submit his 2014 Engineer budget requests to the Treasurer for Council review in August prior to adoption of the preliminary budget in September.

The Engineer advised that he had contacted Pine Bend Paving regarding the storage of the temporary speed bump in response to Councilmember DeCourcy’s request at the last meeting. He advised that Pine Bend indicated they would have to take apart the speed bump in order to determine what is necessary to fix it. He noted the steel running strip needs to be replaced and he explained that it would take four to six hours to take it apart or the City could opt to just replace the steel running strips. He commented that it would cost approximately $750 to $800 to place the speed bump on Angell Road and then remove it prior to the winter months.  He asked for Council input regarding this matter.

Mayor Park asked if the traffic situation on Angell Road would warrant this expenditure.  Councilmember DeCourcy pointed out that traffic issues relate to the speeding around the curve on the street and the fact that there is daycare in the neighborhood. 

The Engineer suggested that he could review the costs for installing a permanent speed bump as part of the overlay project and pointed out that the speed bumps work well on Salem Church Road to slow traffic. He also noted that emergency vehicles and snow plowing companies do not support use of the speed bumps.

Mayor Park asked if signage would help with slowing traffic. Councilmember DeCourcy commented that in her opinion more signs are not needed.

There was discussion regarding whether or not daycare was a permitted use in this area and the City Attorney responded that it is a permitted use in residential districts under Section 1241.04 of the City Zoning Code for 12 or fewer persons.

Councilmember DeCourcy pointed out that it is family daycare for relatives, not a daycare facility.

Engineer Sterna advised that he may not be present at the August meeting and that Engineer Voll would attend.

Council thanked the Engineer for his report.

c. CITY FORESTER: Mayor Park explained that Forester Nayes was on vacation and did not submit a monthly report.

d. PUBLIC SAFETY: Chief Shaver reviewed the public safety report dated June 26, 2013. He noted that he alarm calls were elevated this month and that residents need to be more prudent when they leave or enter their premises. He discussed the other items listed in the report.

Councilmember DeCourcy thanked the department for the extra patrols in the area during the power outage due to the storm.  Mayor Park agreed that she was also going to thank the department for their diligence during the power outage.

Council thanked the Chief for his report.

8.   NEW/OTHER BUSINESS: a. Discuss Feasibility Report for 2014 Road Improvements: Engineer Sterna noted that this item was discussed previously on the agenda under the Engineer’s report.

b.   Discuss Draft 2014-2018  Capital Improvement Plan: Engineer Sterna advised this item was also discussed previously on the agenda under the Engineer’s report.

c.   Review Procedures for Removal of Hazardous Building: Attorney Kuntz stated that at the last meeting Council had requested staff to report on procedures for removal of a hazardous building in response to discussion of the property at 2078 Charlton Road.  He advised that Minnesota State Statutes provide for voluntary abatement, which allows the City to remove the hazardous building and assess the costs against the property, with the property owner’s consent. He suggested this option should be explored prior to the initiation of any adversarial approach.  He advised that the City would enter an agreement with the property owner for the voluntary abatement of the hazardous building and the property owner would agree that the costs can be assessed against the property without challenge. He noted the City would then hire a contractor to have the building demolished and all costs would be assessed as a special assessment. He stated this process may take 2-3 months, depending on the willingness of the property owner and the availability of a contractor to complete the demolition.

The Attorney advised that there is also a procedure for involuntary removal of the structure if the property owner is not willing to consent to the voluntary removal of the hazardous building and he reviewed the steps necessary to accomplish this procedure as listed in his report dated June 27, 2013.  He explained that the Building Inspector would inspect the property and prepare a report that details the facts to support a finding that the building is hazardous; he noted the statute defines the conditions to deem the building hazardous. He advised that Council would then issue an Order to the owner to remove the hazardous building and provide a reasonable time for its removal and then serve the order to the owner, tenants and lienholders. He stated that the owner or lienholder has 20 days to serve an Answer to the City disputing any facts.  He further advised that this procedure may involve a court trial and could take between 9-18 months to accomplish. He stated the City may be able to recover the costs from the sale of salvageable materials, if any, or may assess the costs against the property as a special assessment.  He advised that after the hazardous building is removed, the property owner still retains full ownership of the property.

Attorney Kuntz advised that he had dealings with this property on a land dispute matter and he found there are multiple owners of the property, all of which must be notified.

Councilmember DeCourcy asked who was listed as the property owner.  Attorney Kuntz recalled that Gladys Dobrantz and another sibling were listed on the County records; he explained that the City would request a title report to insure all persons having an interest in the property were notified.

Mayor Park asked if the County had deemed the property uninhabitable.  Attorney Kuntz was unsure if the County declared the building uninhabitable or if this was done by the City Building Official.  

Building Official Neameyer explained that he had posted the property after a conversation with Gladys Dobrantz and after she moved out of the building.

Mayor Park stated she would prefer to contact Gladys Dobrantz in an official capacity to discuss initiating the voluntary process to remove the hazardous building.

The City Attorney agreed that would be a more positive approach. He commented that staff has been unable to contact or find a spokesperson for the property owners.  

Inspector Neameyer explained that he has had no contact with any property owner for two years.

There was a brief discussion regarding who pays the taxes and if there has been any activity at the property.

Resident Eddie Moradian explained he is a neighbor and has seen persons picking up mail at the property. He commented that in the past there was an active legal representative for the property owner. He stated that the building has been in this hazardous condition for many years and his concerns relate to the debris on the property attracting vermin, health issues and falling trees and branches he has had to remove from his driveway.  He stated the City should issue a time limit to the property owners to take care of the clean-up as well as the building issues.

The Mayor asked if the City Attorney could contact their legal counsel he dealt with in the past. Attorney Kuntz explained that the attorney he dealt with was hired for a land dispute and only for that one issue.

Mayor Park again suggested she could attempt to contact the property owner in an official capacity to discuss the voluntary abatement process.  The City Clerk offered to look up the fee owner on the Dakota County website.

Councilmember Hovey offered to check with his father regarding finding an address for the Dobrantz children.

Resident Kitzie Nye supported the City’s plan to meet with Gladys Dobrantz to discuss assisting with the removal of the hazardous building. She commented that there may not be a need to demolish the building it in its current condition it may just fall down by itself. She advised that the property owners used to sell produce at St. Stephens Church and the Church may have information on how to contact someone.

There was discussion regarding the list of property owners that the City Attorney had in his files from the previous land dispute matter. Inspector Neameyer explained that he had talked to a sister in Randolph who made it clear she did not want to be involved with the property.

Councilmember Bulach pointed out that the City had been dealing with this issue for at least two years and neighbors have been picking up trees; he indicated that in his opinion it is time to move forward with the matter.

Mayor Park agreed and advised that she would attempt to contact Gladys Dobrantz and another sibling to begin discussions on the voluntary abatement process.  

d.   Schedule Special Meeting to Discuss the City of Sunfish Lake 2014 Proposed Budget:  Clerk Iago explained that in the past Council has scheduled a special meeting to discuss the preliminary budget prior to its adoption at the September meeting. She noted that this year it may be more appropriate with a new City Treasurer and a new Councilmember who is not familiar with the process. She suggested holding it prior to the August meeting and suggested 6:00 p.m.

Mayor Park asked is staff would attend and noted that Engineer Sterna may not be at the August meeting. Clerk Iago responded that staff submits their budgetary items to the Treasurer and, if necessary staff would be available to attend, but the Treasurer should be able to explain the requests.

Councilmember Hovey moved to schedule a Special Meeting to discuss the City of Sunfish Lake 2014 Preliminary Budget on August 6, 2013 at 6:00 p.m., seconded by Councilmember Bulach and carried. (4-0)

e.   Other Business: Discuss Restricted Deer Hunting Dates: Attorney Kuntz explained that at the last meeting Council had removed some dates from the restricted hunting list and substituted with other dates. He distributed a listing of the old and new dates so that he could clarify Council intent and prepare the documentation for the Metro Bow Hunters and Volunteer Resident Hunters.  He explained that he removed the three weekend dates in October and only listed October 27 as the exclusion date for the annual Halloween Hayride.

After a brief discussion Council concurred to keep the three dates, October 25, 26 & 27, 2013 in the document as they were unsure what day the hayride would be scheduled.

Councilmember DeCourcy stated she had concerns regarding public safety if Council allows hunting on 2-acre lots and suggested that Council consider revising the document to allow hunting only on 5-acre lots or larger.

Councilmember Hovey explained that hunting areas would be reviewed by Officer Muellner for safety concerns prior to authorizing hunting. He commented that due to the excessive number of deer it is his opinion that something must be done to cull the herd. He stated he would prefer to go back to “No Hunting” in the City and hopes this will happen in the future, however, it is his opinion that at this time, this is the best way to proceed.

Mayor Park asked if small properties would be excluded if deemed unsafe. Councilmember Hovey responded yes and explained that a site analysis would be done for each request.

Councilmember DeCourcy explained she received a call from a resident asking what can be done to remove a dead deer from their property.  She asked if the City offers assistance to remove dead deer from private property.

Police Chief Shaver explained that the City of West St. Paul contracts with the South St. Paul Animal Hospital to remove dead deer; he explained there are specific regulations on how to dispose of the carcass. He offered to contact Dr. Abramowicz, who is a resident of Sunfish Lake, regarding a similar contract.  Attorney Kuntz advised that the City would have to discuss terms prior to preparing or signing a contract. Clerk Iago explained that the City Forester had removed deer carcasses from the roadways, but she was unsure if he removed them from private properties.

Attorney Kuntz suggested that the City could provide information for residents on who to contact regarding removal of a dead deer from their property. Chief Shaver stated he would provide resource information to the City for posting or distribution to residents. 

Mayor Park advised that Councilmember DeCourcy’s horse, Coconino Slim, would be running at Canterbury Downs on Wednesday evening and encouraged everyone to attend; she noted that the horse had recently won a race in Chicago.

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

9.   ADJOURN: Councilmember Hovey moved for adjournment at 8:30 p.m., seconded by Councilmember Bulach and carried.  (4-0)

___________________________                                                ___________________________

Molly Park., Mayor                                                                        Catherine Iago, City Clerk