SUNFISH LAKE CITY COUNCIL MEETING – JUNE 4, 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

Building Inspector: Mike Andrejka
City Forester: Jim Nayes
Police Chief: Brian Sturgeon

City Clerk: Cathy Iago

and Members of the General Public.

Councilmember Steven Bulach was 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.

Mayor O’Leary asked to add an item for discussion under New/Other Business, Item 8.e. Discussion of Property at 331 Salem Church Road, Sena Kihtir. 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. (4 -0)

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

Councilmember Hovey noted that the City was behind in Revenues and asked if they would be reconciled when the property tax payment is received.

Treasurer Lanoue responded yes and explained that this occurs annually until the tax payment is received from Dakota County.

Mayor O’Leary asked if Council should be concerned that the Year-To-Date expenditures are higher at 121.5% and asked if this was related to the upcoming Charlton Road improvement.

Treasurer Lanoue explained that billing statements are not always received evenly and that the overage was due to payment for snowplowing. She noted that this usually occurs at this time of year and reconciles when the property tax payment is received.

Mayor O’Leary asked Acting Chief Sturgeon if the incident titled “Disturbing the Peace” was associated with the property at 115 Salem Church Road.

Acting Chief Sturgeon stated he was unsure but that he would find the address and report back to the Mayor.

The Mayor asked if there were any further comments.

Forester Nayes explained that he included a request in his June report to establish a policy relating to the use of goats to manage Buckthorn removal within the City. He explained that he raised this question with staff earlier this evening and was advised by the Planner that the City has regulations that relate to “Farm Animals” and that he would work with the Planner to establish a permit for residents to use goats for this purpose on private property. He commented that the City of Burnsville had allowed goats to remove Buckthorn and it worked well.

Mayor O’Leary agreed and noted that his wife works with Great River Greening and that this organization had also used goats for this purpose with success. He 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 Hovey and carried. (4-0)

a. Regular Council Meeting Minutes of May 7, 2019

b. 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. He asked that the Building Inspector remain at the meeting for the discussion on the property at 2230 Delaware Avenue.

5. PRESENTATIONS: a. Present Proclamation for Former Police Chief Bud Shaver: Mayor O’Leary explained that he was a former military police officer and that he was a strong proponent of law enforcement. He commented that he was honored to be able to present a proclamation to the former Police Chief Bud Shaver. He stated that Bud Shaver was a man of high integrity and compassion. He noted that the former Police Chief was also a motivator and mentor to his staff. He stated that the Council, staff and residents of Sunfish Lake would deeply miss the former Chief of Police.

The Mayor read the proclamation proclaiming June 5, 2019 as “Chief Bud Shaver Day” in the City of Sunfish Lake and presented the proclamation to Bud.

Bud Shaver conveyed his deep gratitude to Council, staff and those present.

6. PLANNING COMMISSION/PLANNER’S REPORT: a. Planner’s Report: Planner Grittman reviewed the following information listed in his report dated May 29, 2019:

2150 Charlton Road: This application was tabled at the May Planning Commission meeting due to an incomplete application. Staff is expecting a final recommendation from the Commission at their June meeting and forwarding this item to Council for their consideration at the July Council meeting.

1 Sunfish Lane: This application was also tabled at the May Planning Commission meeting due to an incomplete application and staff is expecting a final recommendation from the Commission at their June meeting and forwarding the item to Council at their July meeting for consideration.

Table of Content Page Update: Staff completed the update to the table of contents as requested by the Mayor and copies were handed out this evening.

245 Salem Church Road – Major Site and Building Plan: Council approved a Major Site and Building Plan for this property on August 7, 2018 for a new home on a vacant lot. As of this date, the applicant has not applied for a building permit and the time period to apply for the building permit expires one year from the date of approval. Staff will contact the owner of the property to notify them that they must apply for a building permit or request an extension to the approval no later than July 7, 2019. Requests for extensions can be authorized by staff if the applicant requests it prior to July 7, 2019. Staff will contact the applicant by phone and follow up with a letter.

Mayor O’Leary asked if the two applications that were tabled from the May Planning meeting used the same engineer for their projects and if the missing information had been submitted.

Engineer Sandberg responded that the information had been submitted to him for both projects.

Planner Grittman explained that the City Engineer had indicated he would recommend approval of both requests and that he also would recommend approval of both applications.

Mayor O’Leary explained that he supports staff in their requests to have all information submitted in a timely manner and prior to submitting an application for Planning or Council review.

270 Salem Church Road-Major Site and Building Plan Review: Staff is working on reviewing plans for a new home on a vacant lot at this address and anticipates that this item would be placed on the July Council agenda.
331 Salem Church Road: Staff completed a site visit of this property on May 15, 2019 at the request of the property owner to confirm that the home was painted in accordance with the conditions of approval passed last year. Staff found that the home was repainted and that the condition had been satisfied. Upon receipt of Council permission, staff will send a letter to the property owner that states the condition has been met.

Mayor O’Leary asked if the color was approved.

Planner Grittman explained that the condition did not specify a certain color but rather indicated it should be all one color and that it should be “earth tones”.

Mayor O’Leary explained that the color stands out to the neighboring property due to the lack of landscaping or screening. He commented that, in the future, it is important for staff to do site visits to insure all conditions are met prior to sending a formal letter that all conditions have been met.

The Planner pointed out that the adjacent home is set up higher than the home at 331 Salem Church Road, therefore the sightlines are enhanced.

The Mayor asked if the neighbor had contacted the Planner or sent any communication.

Planner Grittman advised that a letter was sent to adjacent property owners, however no neighbors came forward at the meeting when this item was discussed.

Mayor O’Leary indicated it would be his preference to have staff talk to residents when issues of this nature arrive in an attempt to resolve any problems.

The Mayor asked that Council defer authorizing the Planner to send a letter to the property owner stating that conditions have been met until the July meeting, in order to allow time to discuss the color with the neighboring property.

Council concurred to delay action on this item.

Council thanked the Planner for his report.

7. CITY ENGINEER REPORT: 1. Engineering Activities Undertaken in May: A. Consider Comment Letter Prepared by Staff to the MPCA with regard to Proposed Changes to the MS4 Permitting Requirements: Engineer Sandberg explained that the City annually conducts a public hearing to receive citizen input with regard to the SWPPP and MS4 Permit and that his firm, WSB, is responsible for reporting and insuring the City is in compliance with the MS4 Permit. He stated that the current rules for the MS4 Permit were established in 2013 and that the Minnesota Pollution Control Agency (MPCA) is seeking to revise the current rules. He advised that staff had reviewed the proposed new rules and had some concerns with the proposed requirements. He noted that the MPCA released the draft of the proposed regulations on May 7 and advised that they will review and consider all comments until June 6, 2019.

The Engineer referred to the letter dated May 24, 2019 that WSB sent to all its municipal clients. He explained that the letter was not tailored exclusively for Sunfish Lake, but he stated he would outline items of concern that would increase costs for the City to manage the program. He advised that he contacted Meghan Litsey to discuss concerns relating to Sunfish Lake and she advised that it would cost the City approximately $10,000 to be in compliance under the new regulations; he stated this would be a $3,000 increase from previous costs to monitor the program. He stated that five (5) items were identified that would be difficult for Sunfish Lake to meet, and that the new regulations appear to be geared toward larger cities. He noted that Sunfish Lake does not have the staff or infrastructure to maintain the proposed regulations.

Engineer Sandberg stated he drafted a letter to the MPCA that outlines the major concerns:

- Public Education & Outreach: This requires educational classes and a mailer be sent to each household with information relating to salt use and pet waste.

- Public Involvement Activities: This requires one public involvement activity which includes pollution prevention or a water quality theme – possibly could be in coordination with Arbor Day activities.

- Permit must be up to standards within six (6) months: This would require an expenditure of approximately $10,000 within six (6) months to meet the proposed regulations.

- Linear Projects: Under the proposed new regulations, the Grieve Glen reconstruction project would require installation of a water quality pooling area and there is not land available to do this. If the project is done prior to adoption of the new regulations, this would not be required.

The Engineer asked if Council would support staff sending the “draft” letter to the MPCA.

Mayor O’Leary stated he would support sending the letter and asked if the letter would be read or have any impact with the MPCA.

Engineer Sandberg explained that WSB had also reached out to other cities and asked them to also send letters in support of the areas of concern.

Mayor O’Leary suggested it may be appropriate for him and the City Engineer to meet with someone at the MPCA to discuss these concerns. He asked the City Attorney if there are any agencies that exempt smaller cities from meeting these more stringent requirements.

Attorney Kuntz explained that there are agencies that would exempt smaller cities from more stringent regulations, but not usually from environmental regulations - mostly financial requirements. He pointed out that a request for exemption should be geared toward items that would exempt the City such as the lack of right-of-way on streets.

Engineer Sandberg explained that he was unsure if a meeting would be valuable, however, he agreed to attend with the Mayor to present the City’s concerns to the MPCA.

Council concurred to direct the City Engineer to send the letter to the MPCA that outlines the City of Sunfish Lake’s concerns relating to the proposed new regulations and to research setting up a meeting with a staff member from the MPCA, Mayor O’Leary and the City Engineer to discuss these items.

B. Sunfish Lake Outlet: The Engineer stated that the outlet is open at full capacity, but not much is flowing at this time.

2. Building and Site review in the Month of May: A. 2150 Charlton Road: Staff completed review of a re-submittal for work at this property and it is anticipated the proposal will be approved at the June Planning meeting.

B. 1 Sunfish Lane: Staff completed review of a re-submittal for work at this property and it is anticipated the proposal will be approved at the June Planning meeting.

The Engineer noted that staff attempted to go above and beyond to work with the engineer on these two projects to meet the previously scheduled deadlines for these applications. He advised that the engineer for these projects was now working with staff and the required information had been submitted.

C. 270 Salem Church Road: Staff reviewed and recommend approval of a Major Site and Building Plan for this property. He advised that this proposal would be reviewed by the Planning Commission at their June meeting.

3. Public Works Activities Undertaken in the Month of May: A. Fire Marker Signs Installation Update: The contractor continues to work to replace all fire markers and the work should be finished over the next few weeks.

B. Charlton Road Regrading: The contractor completed smoothing and grading of Charlton Road and staff will continue to monitor the road for maintenance issues.

C. Consider Maintenance of Grieve Glen, Salem Church Road and 60^th Street: Engineer Sandberg explained that he contacted Pine Bend Paving to secure a quote for the 2019 roadway spot repairs. He noted that last year the City spent $13,600 to do repairs on Grieve Glen that would last 2-3 years until the reconstruction was ordered. He explained that the areas that were fixed are in good shape, however, other areas of the road are in poor shape. He stated that he was approached by a resident who asked if anything could be done to improve the bad areas of the road. He also noted that staff observed other areas on public roads that were in need of spot repairs. He referred to the quote from Pine Bend Paving dated May 15, 2019 and stated that the costs for these minor repairs were as follows:

Grieve Glen - $2,550

Salem Church Road (West end): $425

55^th Street West: $1,275

60^th Street: $3,750

Engineer Sandberg explained that he would recommend the City do repairs on Grieve Glen, Salem Church Road and 60^th Street, but he did not recommend doing the repairs on 55^th Street at this time. He stated that he contacted the City of Inver Grove Heights Engineering Department to ask if they would be willing to pay half the cost of the 60^th Street repairs due to the fact that half of the roadway is located in their city; Inver Grove Heights agreed to pay half the cost.

The Engineer recommended that Council authorize the expenditure for Grieve Glen, Salem Church Road, and half of 60^th Street in the amount of $4,850. He stated that the City Treasurer advised there are funds available in the Road Maintenance Budget for this purpose.

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

Mayor O’Leary moved to authorize the expenditure for road repairs on Grieve Glen, Salem Church Road, and half of 60th Street in the amount of $4,850, seconded by Councilmember Hansen and carried. (4-0)

4. Anticipated Engineering and Public Works Activities for June: A. 2020-2024 CIP Update: Staff continues to work on the draft of the 2020-2024 CIP for Council review at a future meeting.

B. Charlton Road Construction Project: Staff continues to work with the contractors and residents to prepare for the upcoming project. The work is not anticipated to start until after the 4^th of July. The Engineer explained that he would set-up a preconstruction meeting with the contractor and inspectors and that he would also schedule an informational meeting with the residents shortly before the project begins. He noted that a letter would be sent to residents relating to construction timing and how to coordinate driveway improvements.

Councilmember Hovey asked if the residents should contact the contractor if they wish to pursue work on their private driveways.

Engineer Sandberg explained that Valley Paving indicated they do not have the equipment necessary to do work on residential driveways, however, they do work with a company in Eagan that agreed to provide a discounted rate for volume work on residential driveways. He stated he would provide that information to residents.

Councilmember Hovey asked the time-line for notifying residents of the project information.

Engineer Sandberg stated he planned to provide the information at the end of June.

Councilmember Hovey suggested that the information be sent out as soon as possible. He also questioned how residents would be able to access the road during construction.

Engineer Sandberg stated there are several plans that outline the temporary traffic control measures that he will discuss with residents. He noted that residents should rely on the signage that will be placed on the road during construction.

After a brief discussion, Council concurred that the Engineer should get the information to residents as soon as possible.

Council thanked the Engineer for his report.

8. NEW/OTHER BUSINESS: a. Consider Resolution Amending Resolution No. 09-05, titled A Resolution Adopting a Policy with Respect to Conflicts of Interest Concerning City Consultants and Employees: Mayor O’Leary referred to the memorandum from City Attorney Kuntz dated May 29, 2019 relating to the Conflict of Interest policy amendment that was discussed at the last meeting and the proposed amendment to the previous resolution. He asked if there were any questions or comments and there was no response.

Councilmember Wahlstrom moved to adopt Resolution No. 19-14 titled, A RESOLUTION AMENDING RESOLUTION NO. 09-05 AND ADOPTING AMENDMENT NO. 1 TO THE POLICY RELATING TO CONFLICTS OF INTEREST WITH RESPECT TO CITY CONSULTANTS AND EMPLOYEES, seconded by Councilmember Hovey and carried. (4-0)

b. Consider Resolution of Policy to Grant Authorization to the City Engineer for Road Maintenance Expenditures: Mayor O’Leary referred to the memorandum from the City Attorney dated May 29, 2019 relating to granting authorization for road maintenance expenditures to the City Engineer as discussed at the May meeting. He asked if there were any questions or comments and there was no response.

Councilmember Hovey moved to adopt Resolution No. 19-15 titled RESOLUTION AUTHORIZING THE CITY’S CONSULTING ENGINEER TO ORDER ROUTINE REPAIRS AND CUSTOMARY MAINTENANCE, seconded by Councilmember Wahlstrom and carried. (4-0)

c. Discuss Property at 2230 Delaware Avenue: Clerk Iago advised that she checked with Dakota County and their information states that the septic system at this location has not been pumped since 2009. She deferred further discussion to the next agenda item.

d. Discuss Notification to Residents of Non-Compliance of Septic System Pumping: Clerk Iago explained that when she contacted Dakota County regarding the septic pumping program it was brought to her attention that the County was only responsible for sending out the reminder postcards, however, the contract does not require them to send a formal notification that the system must be pumped. She noted that she was under the impression the notice was part of the contract with Dakota County and that she was not aware this was the City’s responsibility.

Clerk Iago stated that she checked the 2019 letter from Dakota County that lists the “Non-Pumped” septic addresses and found there were 64 residents that were non-compliant. However, three of the properties listed were Councilmembers and she found that two of the members had recently had their systems pumped. She explained that when she brought this to the attention of the County, they advised that the pumping contractors do not always send the information to the County, therefore, their records may not be up-to-date. She commented that there are only 188 households in the City and, if 64 households are on the non-pump list, that would mean one-third of the City is non-compliant.

The Clerk explained that she had discussed this with the City Attorney and they concurred that a letter should be sent to the residents on the non-compliant list to request that they provide the City with an update of the last time they had their system pumped. She commented that she would work with the City Attorney to draft the letter for mailing. She also suggested that this issue be placed on the website and included in the next City newsletter in order to advise residents how important it is get the pumping information to Dakota County and to remind their contractor to do so.

Attorney Kuntz pointed out that since the residential septic systems must be pumped every three years, this would be a 3-year process to get the information updated.

Clerk Iago noted that the property owner at 2230 Delaware would be included as one of the recipients of the letter. She advised that she had no update on the other issues discussed regarding that property.

Council thanked the Clerk for her report.

e. Other: Discuss Property at 331 Salem Church Road Sena Kihtir: Mayor O’Leary explained that he received a complaint from neighbors that the property owner at 331 Salem Church Road still leaves her trash bins at the end of a shared driveway. He stated he attempted to schedule a meeting with all parties involved, but Dr. Kihtir refused to meet with the neighbors.

The Mayor stated he met with neighbors Wade and Sarah Penne-Thompson and Tom and Michelle Schlehuber and they were amenable to the property owner constructing a shed near the end of her driveway as an enclosure for her trash bins. He noted that the bins were actually being stored on the Schlehuber property. He stated that he also obtained a bid from a contractor so that Dr. Kihtir would have an estimate of the cost for the enclosure.

Mayor O’Leary pointed out that Dr. Kihtir has a very long driveway, however, there is an area 25 ft. from the end of the driveway that would accommodate the enclosure. He stated that he and Councilmember Bulach went to Dr. Kihtir’s home, but she was unavailable that evening and refused to schedule a meeting. He noted that he talked to Dr. Kihtir who stated that it is her belief the neighbors are prejudiced against her based on her heritage and religious beliefs. He explained that she told him it was her understanding that Council had approved her to leave the trash bins at the end of her driveway. He stated that he researched the Council minutes from October 3, 2017 and read the discussion from the minutes that related to the fact that Dr. Kihtir could apply for a Conditional Use Permit to place a second accessory structure to enclose the trash cans near the end of her driveway. He advised that she was sent a copy of the minutes that outlined the discussion.

The Mayor explained that it is his expectation Dr. Kihtir would see that the City does not discriminate and it is only attempting to insure that she adheres to the City Code regulations as they relate to trash storage. He further stated that he encouraged her to meet with the neighbors to resolve the issue.

Mayor O’Leary recommended that Council direct the City Attorney to send a follow-up letter to Dr. Kihtir to provide a letter from her doctor regarding her condition that prohibits her from carrying the trash containers to the end of the driveway and then request she either submit an application to request placement of a storage enclosure for the trash containers, or to remove the containers from the end of the driveway as outlined in the City Code.

Councilmember Wahlstrom explained that she also has a long driveway and she hired Highland Sanitation as they agreed to come up her driveway to empty the trash bins.

Tom Schlehuber, 325 Salem Church Road, stated he also uses Highland Sanitation and pointed out that it may be an extra charge for them to come up to the home to pick up the trash.

Councilmember Hovey commented that his neighbor has Lupus but still takes the trash cans back and forth from the curb and that it is his opinion a doctor’s statement should not be an excuse to ignore the regulations.

Mayor O’Leary suggested that Attorney Kuntz should also advised Dr. Kihtir that Highland Sanitation could be hired to come up her driveway to collect the trash from her property.

Councilmember Hovey asked which neighbor had taped the trash bins shut at Dr. Kihtir’s property.

Tom Schlehuber explained that he was the neighbor, however, he did not tape the bin shut. He stated that he took the trash cans up Dr. Kihtir’s driveway and had taped a note on top of the bin asking her to please not leave them on the shared driveway. He explained that she left the trash bins at the end of the shared driveway, actually on his property, all winter. He commented that he and his wife had welcomed Dr. Kihtir into their home when she first moved into the neighborhood and that he and his wife are not at all prejudiced.

Council concurred to direct the City Attorney to send a letter to Dr. Kihtir outlining the discussion this evening and her options relating to the trash container storage and information relating to Highland Sanitation picking up trash near her home versus the end of the driveway.

Planner Grittman pointed out that the letter should clarify that the application for the storage shed for the trash containers would be a Conditional Use Permit and a Variance. He indicated that Council may also consider authorizing staff to approve the application as a “minor” versus a “major” request to expedite the process.

Mayor O’Leary advised that both neighbors had agreed that a small storage shed to enclose the trash bins on Dr. Kihtir’s property near the end her driveway would be agreeable, otherwise, the trash bins should be removed after collection.

Michelle Schlehuber, 325 Salem Church Road, asked if Council would insure that the placement of the shed on Dr. Kihtir’s property would meet setback requirements.

Council agreed and concurred to direct staff to insure that the shed placement meets all setback requirements if an application is submitted.

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

9. ADJOURN: Mayor O’Leary moved to adjourn the meeting at 8:20 p.m.

____________________________ ________________________________

Catherine Iago, City Clerk Dan O’Leary, Mayor