SUNFISH LAKE CITY COUNCIL MEETING – MAY 3, 2011
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Mayor: Richard Williams
Councilmembers: Judy MacManus, Roger Conant, Paul Burke and Mike Hovey.
City Attorney: Tim Kuntz
City Planner: Carie Fuhrman
City Engineer: Tim Hanson
City Treasurer: Mike Blair
Interim Building Inspector: David Neameyer
City Forester: Jim Nayes
City Clerk: Cathy Iago
Police Lieutenant: Brian Sturgeon
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 asked if there were any additions or corrections to the agenda and there was no response.
Councilmember Hovey moved approval of the Agenda, seconded by Councilmember Burke 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 Burke stated he had questions relating to the Monthly Financials.
Mayor Williams suggested that Council approve Items a. and b. on the Consent Agenda and pull item c. for further discussion. Council agreed..
Councilmember Conant moved approval of Item 3.a. Regular Council meeting minutes of April 5, 2011 and Item 3.b. List of Bills on the Consent Agenda, seconded by Councilmember MacManus and carried. (5-0)
a. Regular Council meeting minutes of April 5, 2011.
b. List of Bills
Councilmember Burke asked if the Treasurer would send a “hard” copy of the Financial Statements to Council each month. He commented that he has contacted the Treasurer with questions due to the fact that he is a newly elected official and was unsure of the financial procedures. He asked if Council would have an opportunity to review the 2012 proposed budget prior to its adoption.
Treasurer Blair explained that he compiles information from staff regarding proposed budget expenditures for the upcoming year in August and presents the information to Council for their review and comments in September. He advised that Council must adopt a “not to exceed” budget for submission to Dakota County in September, however, Council has an opportunity to further discuss the proposed budget prior to its final adoption in December.
Mayor Williams suggested that Council could schedule a study meeting for budget discussion in August.
Treasurer Blair pointed out that he usually gathers information from staff in August for presentation to Council at the September meeting. The Mayor commented that the study meeting could be held in late August; he indicated that the meeting could be held in the afternoon or early evening.
Councilmember Burke agreed that a study meeting in August would be appropriate to insure that Council concerns are accommodated prior to adoption of the budget in September.
Mayor Williams asked if there were any further comments on the Monthly Financials and there was no response.
Councilmember Hovey moved to approved Item 3.c. Monthly Financials as presented, seconded by Councilmember Conant and carried. (5-0)
4. COMMENTS FROM THE PUBLIC: Mayor Williams asked if there were any comments from the public.
Henry Hovey suggested that Council include the use of vinyl siding to the list of products that may be used for exterior building materials as a memorial to former building inspector Russ Wahl. He stated that Russ had recommended this material be included in the list for new or replacement siding on homes within the City since the product had become more durable over the years.
Mayor Williams pointed out that the current City Code does not exclude the use of vinyl siding.
Councilmember Hovey commented that a resident must come before Council to get approval for use of the siding; he indicated that including the material in the Code would eliminate that process.
Mayor Williams commented that it would require an ordinance amendment, which appears to be unnecessary since there is a procedure in place to allow it with Council approval.
The Mayor asked if there were further comments and there was no response
5. PUBLIC HEARING: None
6. PLANNING COMMISSION/PLANNER’S REPORT:
a. Planning Report: Planner Fuhrman referred Council to her report dated April 28, 2011 and explained that Steve Bulach had submitted an application for a major site and building plan review to construct an addition to his single family home. She pointed out that this application would have required a variance due the fact that the side-yard setback could not be met; however, Mr. Bulach will purchase a portion of the neighboring property to meet the setback requirements. She noted that if Council approves the Minor Subdivision ordinance amendment on the agenda this evening, Mr. Bulach would pursue his request as a Minor Subdivision. She explained that this application will be reviewed by the Planning Commission at their May meeting and presented to Council in June.
Mayor Williams pointed out that the legislature had passed new language relating to variance requests. Attorney Kuntz commented that the Governor had not signed the new legislation and that he would inform Council when that has occurred.
Councilmember Conant commented that if the proposal meets City Code requirements, Council cannot deny the request. The Planner agreed that Council must approve the application if it meets all City Code requirements.
The Planner stated that the Planning Commission discussed the recent inquiry relating to authorizing Geocaching within the City. She indicated that it was the consensus of the Commission that residents would not favor this type of activity within the City and that City Code should clarify that the activity is allowed or not allowed. She stated that Chair McCue suggested that the Code should also clarify whether or not residents have the option to allow this activity on their private land.
Councilmember Conant questioned if the Commission supported this activity on public or private land. The Planner stated that the Commission indicated they were opposed to this activity on public land and that a resident should have the option if they wished to allow the activity on private land.
The Planner noted that a few items had come up after her report was completed. She explained that she received a telephone call relating to the number of dogs living at 50 Sunnyside Lane exceeding the number allowed and also that the property has one additional accessory building on site.
Councilmember Conant asked how many dogs are at this residence. The Planner responded there are five (5) and the City Code allows up to three (3) without a kennel license.
The Planner stated that she had received a few calls relating to minor site plan reviews on properties within the City.
Councilmember Hovey asked if the City has a process for licensing or registering the number of dogs at a residence and how the City keeps track.
Planner Fuhrman explained that she is not aware of any licensing procedures and that it was brought to her attention by a telephone call from a resident.
Clerk Iago stated that the City does not have any dog licensing requirements.
Council thanked the Planner for her report.
b. Consider Ordinance Amending Section 1302 and 1307 of the Sunfish Lake Subdivision Regulations, relating to
Minor Subdivision Qualifications, Content and Data Requirements, Design Standards, Processing, and Easements: Planner Fuhrman explained that due to recent inquires from residents relating to minor subdivisions on property within the City, staff reexamined the current processing requirements and regulations for this type of application. She advised that staff discovered some corrections that should be made to the Subdivision Regulations and drafted an ordinance amendment to address these issues and to reflect the true intent of the regulations.
The Planner explained that the intent of the current Subdivision Regulations is to allow for a minor subdivision process for lot subdivisions that are less complicated in nature than a true plat. She pointed out examples such as; a lot line/boundary adjustment, a lot combination or a lot subdivision that creates no more than two lots. She stated the intent of the current ordinance would be to allow these to qualify under the minor subdivision process; however, the current regulations stated that this process cannot be utilized if easements need to be dedicated. She stated that any time new lots are created or boundary lines are adjusted, it has been the policy object of the City to obtain boundary and other easements such as drainage or utility easements.
Planner Fuhrman explained that the proposed ordinance amendment provides that the necessary easements related to the approval a minor subdivision be granted and dedicated by an easement document rather than dedication on a formal plat. She further explained that staff also recommended a few other “housekeeping changes” that clarify the language relating to the minor subdivision application process, as outlined in her report dated April 28, 2011.
The Planner advised that the Planning Commission held a public hearing on this matter and that one resident, Mr. Steve Bulach, attended the meeting to support the proposed amendment. She stated that the Commission recommended approval of the proposed ordinance amendment as presented.
Mayor Williams asked if there were any questions or comments and there was no response.
Councilmember Burke moved to adopt Ordinance No. 2011-03 titled, AN ORDINANCE AMENDING SECTION 1302.01 OF THE SUNFISH LAKE SUBDIVISION REGULATIONS RELATING TO MINOR SUBDIVISION QUALIFICATION, SECTION 1302.2 OF THE SUNFISH LAKE SUBDIVISION REGULATIONS RELATING TO DESIGN STANDARDS, SECTION 1302.04 OF THE SUNFISH LAKE SUBDIVISION REGULATIONS RELATING TO PROCESSING AND SECTION 1307.10 OF THE SUNFISH LAKE SUBDIVISION REGULATIONS RELATING TO EASEMENTS, seconded by Councilmember Hovey and carried (5-0)
Council thanked the Planner for her presentation.
7. INSPECTOR’S REPORTS:
a. Building Inspector: Interim Inspector David Neameyer distributed his building report for April and May for Council review.
Council thanked the Inspector for his report.
- City Engineer: Angell Road Culvert Replacement: Engineer Hanson advised that all property owners along Angell Road had been contacted and that he expects to receive easements, either permanent or temporary, from all property owners. He commented that one property owner had indicated an expectation of payment from the City for granting the easement. He stated that the plans for the project were distributed to ten (10) companies and that he expects between 7-10 bids to be returned. He stated that he had presented some assessment scenarios for Council discussion at the study meeting earlier this evening and that he had also presented draft preliminary assessment rolls for this project to Council.
Musser Parking Lot: The Engineer stated that he had received comments from the Police Chief relating to the proposed parking area at Musser Park. He noted that this item will be placed on the June meeting agenda for Council discussion prior to sending a response to the Minnesota Land Trust.
Peters Residence CUP (336 Salem Church Road): Engineer Hanson stated he performed a final walk-through of the completed improvements with the Building Official and Planner. He noted that Council had imposed a condition requiring expansion of a rain garden and he found some additional work on the rain garden must be completed. He advised that the property owner had agreed to excavate an area adjacent to the culvert, however, no definite date for the project was provided.
Public Works Activities Undertaken in the Month of April: Spring Weight Road Restrictions: The Engineer explained that the road restrictions were lifted from the City street on May 2 in accordance with direction from MnDOT. He advised that Charlton Road will remain posted until street repairs are completed, approximately one more week.
Street Sweeping: Engineer Hanson advised that due to some snow remaining in the cul-de-sacs on City streets he delayed the street sweeping until later this week.
Condition of Local Streets: The Engineer stated that work on potholes on City streets, Salem Church Road, Windy Hill Road and Angell Road, would be begin next week. He explained that the repairs would be done when the bituminous hot mix is available. He noted that Windy Hill Road is showing excessive signs of stresses and minor failures and that he will continue to monitor the pavement. He stated that Charlton Road had a significant frost boils and that the area was marked off for safety considerations; he stated repairs would be done in mid-May. He advised that 60th Street had also had a frost boil and was repaired by the City of Inver Grove Heights.
Anticipated Engineer/Public Works Activities’ for the Month of May:
- Complete Street Sweeping
- Bid opening for the Angell Road Culvert Replacement Project
- Preparation for the NPDES Annual Report
- Easement Acquisition for the Angell Road Culvert Replacement Project
- Complete Street Maintenance Needs
The Engineer stated the NPDES Annual Report would be presented to Council at their June meeting.
Councilmember Conant questioned who determines whether a rain garden is required as part of an application and what standards are used for its design. Engineer Hanson explained that there is threshold of one-acre that triggers the requirement for installation of a rain garden or storm water retention area in relation to an application; he noted that to date no recent application has met the one-acre threshold requirement. He explained that the Peters application included a driveway and building addition, therefore Council approval included the use of a rain garden, although it was not a required by ordinance. He explained that the engineer determined the standards for the design.
Councilmember Conant noted that sandy soil is ideal for rain gardens and that clay soil poses more difficulty when installing the rain garden. Engineer Hanson agreed and explained that the garden can be installed in clay soil if more extensive excavation is done and mulch is added. Mayor Williams noted that certain types of plants are more conducive to rain gardens.
Mayor Williams advised that he authorized a septic pumper to use the roadway for an emergency pumping situation even though the road restrictions were still in place. Engineer Hanson stated that has occurred in the past and that he usually requires the truck to empty their tank prior to using the roadway.
Forester Nayes explained that he had installed a rain garden on his property last year and that Dakota County has funding for installation of rain gardens; he indicated that he could provide information on this subject. He further stated that the County has information on shoreland restoration.
Attorney Kuntz suggested that if Council wishes to assess the Angell Road project, they should establish a project schedule to accommodate the Chapter 169 State requirements for assessing an improvement project. He explained that the bids for the project are scheduled for opening on May 13 and would be submitted to Council at their June meeting. He advised that the City must authorize preparation of a feasibility report, accept the report and call for a public hearing on the project. He stated that Council should then direct the City Engineer to prepare a feasibility report for review at the July meeting; Council should then accept the report and call for a public hearing at their August or September meeting. He explained that Council could also hold an assessment hearing at the same time so that the assessments could be certified to Dakota County for placement on the 2012 tax roll. He stated that Council had authorized holding the bids for 120 days, which means the bids would remain in place until September.
Mayor Williams asked how the schedule ties into the adoption of an assessment policy. Attorney Kuntz explained that Council would have the opportunity to discuss the assessment policy at the June and July meeting and adopt a policy prior to the September public hearing. He indicated that the project would take approximately two weeks to complete.
Councilmember Burke pointed out that the most critical component, the signed easement documents, should be obtained.
Mayor Williams questioned if there was any indication that any of the property owners are unwilling to grant an easement. Engineer Hanson stated that he was not aware of anyone unwilling to grant either a temporary or permanent easement; however, he noted that one property owner had indicated they wished to have some compensation for granting the easement.
Councilmember Burke questioned what would happen to the road if the culvert replacement portion of the project wasn’t completed or if it is necessary to have the culvert done due to water flowage. The Engineer explained that although the water flow occurs only occasionally, it is important to complete the culvert installation so that flooding of adjacent properties does not occur.
Councilmember Burke suggested that the costs for providing the easement should be considered in the assessment policy.
Attorney Kuntz suggested that the project schedule of event could be delayed one month; he indicated that Council could request the preparation of the feasibility report at the July meeting and accept the report and call for the hearing in September. He pointed out that if the easements are received by July, the City may consider other options such as completing only a portion of the project.
Engineer Hanson commented that he is fairly comfortable that all easements will be provided, however, he indicated that delaying the schedule one month would allow more time to develop the assessment policy.
Attorney Kuntz explained that no formal action is necessary at this time.
Mayor Williams questioned if eminent domain could be used to obtain the easement and if the same process would be used to obtain both a permanent or temporary easement. The City Attorney responded yes to both questions, however, he pointed out that it would be impractical to use the process due to the time frame.
Councilmember Hovey asked if the sand and salt from the street sweeping would be reclaimed for use.
The Engineer stated that it is not reclaimed since it contains debris.
Councilmember Burke commented that he attended a Water Quality seminar and found out that some cities use only salt mix on the streets as saline issues are less problematic for water quality than sediment from sand issues. Engineer Hanson pointed out that there are different theories and that some cities are trying to minimize the use of salt.
The Mayor asked if there were any further comments and there was no response.
Council thanked the Engineer for his report. - CITY FORESTER: Forester Nayes stated he sent four (4) letters in April to residents relating to removal of high risk trees and that two of the trees have been removed. He explained that he issued five (5) burning permits in April, however; he stated there is currently a burning ban in place. He noted that the spraying of Buckthorn in Musser Park and the grass seeding along Charlton Road was completed.
The Forester encouraged Council and residents to attend the Arbor Day Green Fair to be held May 7 at Harmon park; he reviewed the activities scheduled for the day. He also distributed a new list of Noxious Weeds as prepared by the Minnesota Noxious Weed Advisory Committee and the Minnesota Department of Agriculture (MDA).
Councilmember Conant asked the Forester to explain any major changes. The Forester explained there were no major changes and noted that the list was broken into three categories; the Eradicate List, Control List, and Restricted List. He also advised there was an additional listing for “Regulated Specialty Plants” with only Poison Ivy listed; he stated that it must be controlled on property borders and public right-of-ways.
Councilmember Conant asked the procedures for handling plants on the “Control List”. The Forester stated that he should be contacted and he would provide information to the property owner on how to manage the plants rather than eradicate them.
Henry Hovey stated he wished to commend the City Engineer and Forester on the condition of Charlton Road; he commented that the street has never looked better than it does at this time.
The Mayor asked if there were any further comments and there was no response.
Council thanked the Forester for his report. - PUBLIC SAFETY: Lt. Brian Sturgeon was present and indicated that it had been a quiet month in the City. He advised he that had been working with the Planner on the issue of too many dogs at a residence within the City. He noted that alarm calls were down by half from this time period last year. He stated that residents had called regarding unlicensed solicitors and that two persons were arrested under outstanding warrants from another community. He encouraged residents to contact the department if they see any suspicious persons or vehicles within the City. He noted that there was a mail theft within the City.
Councilmember Burke commented that he had been a victim of mail theft and that his neighbor had his mailbox pulled right off its standard. He suggested that information on mail theft and identity theft should be placed on the website since so many residents have their mailboxes quite a distance from their homes. He stated that he now locks his mailbox.
The Mayor agreed that this is a concern and asked if there is any way to deter mail theft. Lt. Sturgeon explained that it is difficult to deter, but agreed that informing residents via the website would be helpful.
Councilmember Hovey advised that information could be placed in the City newsletter; he stated this had been done in the past.
Councilmember Burke asked for comments from Lt. Sturgeon relating to a secluded parking area near Musser Park. The Lieutenant agreed with the Chief’s comments that mischief could occur if the parking area is secluded. He agreed that it would be most desirable to place the parking area where it could be seen from the road and/or lighted if it is secluded.
Councilmember MacManus commented that residents would not favor a lighted parking area.
Council thanked Lt. Sturgeon for his report.
8. NEW/OTHER BUSINESS:
a. Consider Establishment of Procedures to be Adopted by the City to Exercise Powers Granted to it Pursuant to Minnesota Statutes Chapter 463: Attorney Kuntz explained that Minnesota Statutes Chapter 463 empowers cities to abate nuisances on properties that pose a hazard; he noted that the statute refers to structures that present health, safety or fire code hazard issues. He advised that a complaint relating to a structure within the City was received and that Council had discussed the options with respect to eliminating the hazard on this property at their study meeting earlier this evening. He noted that at the study meeting Council determined the Building Official should make an inspection of the property to determine if a hazard exists and report back to Council at a future meeting.
The Attorney advised that it would be appropriate for Council to direct the Building Official to conduct an inspection of the property and report back his findings on the condition of the property.
Councilmember Conant moved to direct the Building Official to inspect the property located at 2078 Charlton Road to determine if a health, safety or fire code hazard exists and report back to Council, seconded by Councilmember MacManus and carried. (5-0)
b. Consider Establishment of Assessment Policy: Mayor Williams explained that the City Engineer provided information relating to establishing an assessment policy for improvement projects and had distributed information from other communities regarding their policies. He noted that Council had discussed this matter at their study meeting and determined it would be appropriate to request staff to prepare an assessment policy relating to road improvements and storm water improvements. He advised that Council had further requested staff to prepare documentation showing other communities assessment policies and a table outlining which policy is most used by other cities. He noted that the information would be reviewed by Council to determine if they wish to establish an assessment policy prior to taking formal action on ordering the culvert replacement improvement for Angell Road.
Councilmember Conant asked if the assessment policy and other information provided would be as discussed at the study meeting. Attorney Kuntz responded yes.
Councilmember Burke moved to direct the City Engineer and City Attorney to prepare an assessment policy for street and storm water improvement projects and to provide background information from other community’s relating to their policies for Council review at a future meeting, seconded by Councilmember MacManus and carried. (5-0)
c. Consider Authorizing Mayor to Sign Memorandum of Undertaking to Store Files at the City of Lilydale City Hall: Mayor Williams referred to the request as outlined in the memorandum from Clerk Iago dated April 27, 2011.
Clerk Iago explained that the Church wished to move the records to an unsecure location and that utilizing the space at Lilydale would provide the security required for important documents. She noted that Chief Shaver had discussed the possibility of partnering with West St. Paul to scan the Sunfish Lake records onto discs for storage and preservation. She stated she would be conducting a records purge after the move and will continue to discuss partnering with West St. Paul for digital storage of the data.
Mayor Williams commented that once the records are digitalized it would save storage space.
Councilmember Conant moved to authorize the Mayor to sign the Memorandum of Undertaking to store the City of Sunfish Lake records at the Lilydale City Hall, seconded by Councilmember MacManus and carried. (5-0)
d. Consider Issues Raised Regarding 55 Salem Church Road: Mayor Williams referred to the email he received from a resident regarding the property conditions and activities at 55 Salem Church Road. He questioned if the City has authority regarding the issues raised and indicated that these conditions do not appear to be covered under Chapter 463.
Councilmember Conant asked if the Building Official had checked the property. Mr. Neameyer stated he had driven by the property to conduct an inspection. He noted that the State Building Code is limited in its regulations. He referred to the complaint regarding the completion of the deck; he noted that since the deck is an attachment to the home, it is not required to be installed as long as no one can open the door to this area. He stated that he is unsure if the City Code addresses completion of the deck.
Councilmember MacManus pointed out that if the deck was shown on the plans approved by Council, it is her understanding that it must be completed before a Certificate of Occupancy (CEO) is granted. Mr. Neamyer pointed out that the CEO has already been granted to this property.
Attorney Kuntz suggested more facts should be obtained relating to the application for this property and Council approval of the application. He noted that the deck did not have to be completed prior to occupancy of the property and that it would be appropriate for staff to review the file prior to determining if it is in violation of any conditions imposed. He further explained that there is nothing in the current City Code which regulates the conditions of the yard for this parcel or prohibits the occupant from leaving open the garage door.
The Attorney suggested that Council could direct staff to send a letter to the resident asking them to clean-up the yard and remind them to be a better neighbor. He indicated the car and truck parked on the property are not in violation of the Code unless they are un-licensed and inoperable.
Councilmember Hovey suggested this matter be tabled until staff provides more facts and determines if they are in compliance with the Building Permit issued.
Mayor Williams noted that the other items listed in the email are not prohibited by Code.
Councilmember MacManus asked if the Code could be amended. Mayor Williams responded yes, but noted that enforcement of such issues is difficult.
Mayor Williams suggested that the issues related to the vehicles should be checked. Lt. Sturgeon stated the Police Department could check on the status of the vehicles.
The Mayor asked if formal action is required and the City Attorney responded that Council should direct staff to review the issues as discussed.
Council concurred to direct the Planner and Building Official to conduct research on the planning application and building permit for this property and to direct the Police Department to verify the vehicles are licensed and operable at this location.
Councilmember Burke asked if there have been previous complaints on this property. Attorney Kuntz responded that he recalled previous complaints over the years that were related to the general condition of the yard
Councilmember Conant asked if the complaints were from the same party. Attorney Kuntz stated he was not sure.
Councilmember Burke indicated that he did not wish Council to become involved in a neighborhood dispute.
Councilmember MacManus explained that she recalls trees were supposed to be installed on the property as part of the planning application.
Planner Fuhrman explained that she had checked the file and found that there were follow-up letters relating to the tree installation. She noted that there is a section in the City Code that relates to placement of refuse containers and car parts in the yard.
Councilmember MacManus asked if a letter could be drafted relating to those items.
Mayor Williams stated he would prefer that staff and police gather the information for presentation at the next meeting before sending correspondence; he asked that the matter be placed on the June Council agenda.
e. Other: Mayor Williams asked if there was any further business and there was no response.
9. ADJOURN: Councilmember Hovey moved for adjournment at 8:20 p.m., seconded by Councilmember Burke 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.