SUNFISH LAKE CITY COUNCIL MEETING MINUTES – FEBRUARY 10, 2015 7:00 P.M. Attendants: Councilmembers: Mike Hovey, Cathy DeCourcy, and Steven Bulach City Attorney: Tim Kuntz City Planner: Michelle Barness City Engineer: Don Sterna City Treasurer: Ann Lanoue City Forester: Jim Nayes Building Inspector: Mike Andrejka City Clerk: Cathy Iago and Members of the General Public. Mayor Molly Park, Councilmember JoAnne Wahlstrom and Police Chief Manila Shaver were absent 1. CALL TO ORDER: Acting Mayor Hovey opened the meeting at 7:00 p.m. 2. APPROVE AGENDA: Acting Mayor Hovey asked if there were any additions or corrections to the agenda. Clerk Iago advised that the day on the agenda should be corrected to read Tuesday rather than Wednesday and that the Fire Chief’s report, item 7.e. should be removed from the agenda. She further requested that a request from Mayor Park to attend the National League of Cities Conference be added to the agenda under Item 8.f. Treasurer Lanoue stated that she prepared an amended List of Bills which includes the Mayor’s registration fees for the National League of Cities conference to be considered under the Consent Agenda Item 3.b. Councilmembers Bulach moved to approve the agenda as amended with the additions as requested by the Clerk and Treasurer, seconded by Councilmember DeCourcy and carried. (3-0) 3. CONSENT AGENDA: Acting Mayor Hovey asked if there were any questions or comments relating to any items on the Consent Agenda. Councilmember DeCourcy moved approval of the Consent Agenda as amended to include the Clerk’s change to the minutes and the Treasurer’s amendment to the List of Bills, seconded by Councilmember Bulach and carried. (3-0) a. Regular Council Meeting Minutes of January 6, 2015 b. List of Bills c. Monthly Financials 4. COMMENTS FROM THE PUBLIC: The Acting Mayor asked if there were any comments from the public. 6. PLANNING COMMISSION/PLANNER’S REPORT: a. Consider Resolution Approving Major Site and Building Plan and 116 Salem Church Road, Gergen/Greenwood: Planner Barness explained that the Planning Commission reviewed the application from Mark Gergen and Greenwood Design Build, LLC to construct a new home, attached garage, driveway, in-ground pool, and septic and well systems on the property located at 116 Salem Church Road. She stated that the in-ground pool would be the only accessory structure on the site. Acting Mayor Hovey asked if this product would meet the building material requirements in the City Code. 3) the construction notes and erosion control items shown on the approved site plans must be followed during construction;
Acting Mayor: Mike Hovey
Acting Mayor Hovey asked if there were any further additions and there was no response.
Clerk Iago stated she had a minor correction on page 12 of the January 6, 2015 Council minutes; the resolution number should be changed from 15-07 to 15-08.
Treasurer Lanoue stated that the amended List of Bills should be considered at this time.
The Acting Mayor asked if there were any further comments or questions and there was no response.
Dick Bancroft, 100 Windy Hill Road, stated he wished to advise Council that resident Bruce Telander was very ill.
Council thanked Mr. Bancroft for the information.
5. PUBLIC HEARING/PRESENTATIONS: None.
The Planner explained the property is currently undeveloped and falls within the R-1 Single Family Residential and Shoreland Overlay Districts. She advised that the extent of the Shoreland District on the site is limited to a sliver of land on the south end of the parcel and also that the lot is located across Highway I-494 from Horseshoe Lake. She stated that in discussion with the City Attorney it was determined that the application would not require comparison with the Shoreland Overlay District since the parcel is not direct adjacent to the lake and the development of the site would occur entirely on the north end of the parcel.
Planner Barness advised that the building area meets all required setbacks and that the applicant proposes to construct a 2,900 sq. ft. two-story home with a basement and an 800 sq. ft. attached garage. She noted that the home meets building height standards and would be constructed with LP board and batten siding and stone veneer, which appear to meet building material standards. She explained that a neighbor had expressed concern at the Planning Commission meeting relating to the quality of the proposed siding.
Acting Mayor Hovey asked for an explanation of the neighbor’s concern.
The Planner advised that the proposed LP siding consists of a wood pulp compound that is similar in quality to Hardy Board siding and she asked the applicant to bring samples of the material for review. She advised that Scott Loehrer of Greenwood Design Build LLC, Mark Gergen, and Engineer Joey Diederichs were present to respond to questions.
Scott Loehrer displayed samples of the siding material that is made in Minnesota. He explained that the siding material has fewer seams and longer boards and retains its paint better than Hardy Board siding.
Acting Mayor Hovey asked if it was easier to install and Scott Loehrer responded yes.
Councilmember Bulach asked if the LP siding was a Masonite material. Scott Loehrer responded no.
Mark Gergen explained that the LP material is similar to the Hardy Board fiber cement siding but it is a wood compound. He advised that the product has a 50-year warranty.
Councilmember DeCourcy asked why the applicant preferred this product over cedar siding.
Mr. Loehrer explained that the LP siding requires less maintenance and retains the paint longer than Hardy Board siding.
Councilmember Bulach commented that the product resembles Hardy Board siding in texture, but noted it may not be as heavy as Hardy Board.
Councilmember DeCourcy advised that she received comments from neighbors that the product is sub-standard.
Scott Loehrer explained that the choice for siding was based on the ease of maintenance and installation of the product and not a cost issue. He stated the client preferred this product over the Hardy Board siding.
Councilmember Bulach commented that his home has cedar and that he understands the maintenance issues and that he also is aware of the issues related to paint on Hardy Board siding. He indicated that initially he thought the product may be cheaper, but after reviewing the product it was his opinion it is similar to the look of Hardy Board
Planner Barness distributed an article form the Star Tribune newspaper which lists the similarities of this product to the Hardy Board siding.
The Planner advised that the current ordinance lists Hardy Board siding as a permitted material and also stated that anything comparable in grade and quality would also meet the criteria. She explained that if this material continues to be proposed for building within the City, Council has the option to add the product to the ordinance for future reviews.
Acting Mayor Hovey asked the Building Inspector if he had any concerns with the product.
Inspector Andrejka explained that he had attended a seminar related to siding and the LP representative who spoke advised that he had helped to develop Hardy Board siding but now installs more of the LP siding. He explained that the LP representative claimed there were no failures in the LP siding installation and that the product had the same appearance when installed and may be better than the Hardy Board siding because it had better expansion. He noted that he has seen more of LP siding installation when reviewing building permits.
There was discussion relating to the installation of the LP siding
Councilmember DeCourcy questioned why the client did not want Cedar siding. Scott Loehrer responded that the decision was based on the fact that Cedar siding required more maintenance.
Councilmember Bulach asked if trim materials would also be installed. Mr. Loehrer responded yes.
Scott Loehrer displayed the stone materials that would be used on the home.
Councilmember Bulach asked if the stone would be dry stacked. Mr. Loehrer explained that the stone is usually installed with mortared joints.
Acting Mayor Hovey asked how long LP siding had been on the market. Mr Gergen responded approximately 15 years.
Councilmember Bulach pointed out that originally homes in Sunfish Lake were constructed only with brick, stone and cedar and now the City Code has included more permitted materials.
Acting Mayor Hovey asked if there were any objections to the material at the Planning Commission meeting.
The Planner explained that the Commissioners questioned the quality of the material but there were no objections.
Councilmember Bulach explained that his neighbors contacted him to express their concern that it was a Masonite siding being installed; he advised that the neighbor was unable to attend the Commission meeting to voice their concern.
Planner Barness pointed out that the Building Inspector was provided the plans for the home and would review the plans and building materials if the application is approved.
The Planner advised that the only accessory structure proposed isthe in-ground pool and that it meets all City Code standards. She explained that screening is required for accessory structures and the applicants plan to remove 25 significant trees for construction of the home and proposes to plant 24 native trees to replace the ones removed.
Councilmember Bulach asked if the pool would be installed as part of the construction at this time.
Mr. Gergen explained that the applicant has no immediate plans to install the pool but wished to have approval for its construction so they did not have to submit another application.
The Planner advised that approval of the accessory structure would remain valid for one year and that the applicant could apply for an extension if necessary.
Planner Barness advised that the applicant proposed to plant 13 Black Hills Spruce evergreen trees along the east and west boundary of the site to screen the structures from adjacent neighbors. Planning Commission requested including a condition that these evergreen trees be 8 ft. high and the applicants agreed. She explained that the woodland area outside of the construction zone to the north and south of the infiltration basin and wetland area would be maintained.
The Planner advised that the 800 sq. ft. attached garage also meets building standard requirements. She stated that the applicant had consulted and received approval from the Fire Chief regarding whether or not the large driveway turnaround would provide sufficient access for emergency vehicles. She also noted that the asphalt used for the driveway would support the weight of emergency vehicles.
Planner Barness stated that the City Engineer reviewed and approved the grading and drainage plans and the plans for the infiltration basin and rain garden. She noted that the Engineer requested conditions for erosion control as listed in his report dated January 21, 2015, be included. These conditions include:
1) the applicant providing extra erosion control measures on 3:1 slopes or steeper if required based on observed conditions at the construction site, and that the applicant provide diligence on turf establishment during construction; 2) the applicant provide a copy of the National Pollutant Discharge Elimination System (NPDES) Construction permit to the City prior to construction and that it be posted onsite; and,
The Planner explained that the Engineer also requested that the applicant video record the condition of the shared driveway prior to construction so any damage could be verified, that the contractor adhere to the City load limit postings in the spring, and that any damage to the road or right-of-way must be repaired to the City’s satisfaction prior to issuance of the Certificate of Occupancy. She advised that staff recommends pre and post construction visits to the site to determine if the supplementary erosion control methods are working and that they remain in place during construction and that the applicant continue to work with the Septic Inspector regarding placement of the septic and well systems. She explained that the retaining walls proposed do not require review or approval if they do not exceed four (4) ft. in height. She stated that these conditions are included in the draft resolution for Council consideration.
Acting Mayor Hovey asked where the septic and well would be located on the property and where the drainage from the pool would flow.
The Planner showed the proposed location of the septic system on the east portion of the site and the well location nearer to the home.
Joey Diederichs, engineer for the project, advised the pool would drain into the rain garden area.
Planner Barness advised that the draft resolution had some modifications under the findings of fact and conditions originally recommended by the Planning Commission because the applicants had agreed to provide a safety cover on the pool and have no lighting in the pool area except safety lighting. She further advised that the ingress and egress easement on Horseshoe Lane was identified on the site survey and that the applicants agreed to adhere to established requirements for access to the site and maintenance of the shared private road. She noted that the Engineer’s remaining conditions are included in the draft resolution and that staff would schedule pre and post construction site visit to insure that site and building plans and other conditions have been implemented. She further noted that staff would also review the lighting on the property to insure that the lights do not exceed the foot candle requirements.
The Planner reviewed the findings of fact which support the proposed development meeting zoning setback, standards for building coverage, drive and parking areas. Building design, grading, drainage, and storm water management and landscaping. She noted that the proposed home is similar in quality to other structures in the community and the applicants have made an effort to preserve natural areas on the site and would restore disturbed areas with landscaping or ground cover. She further advised that tree protection fencing would be provided around significant trees in the construction zone and the wooded and wetland areas outside the construction zone would be left undisturbed. The applicants have agreed to install larger evergreen trees to provide screening from adjacent properties.
Planner Barness stated that staff and the Planning Commission recommend approval of the Major Site and Building Plan Review based on the findings of fact and subject to conditions as listed in the resolution.
Forester Nayes responded that he had reviewed the site and the predominate trees proposed for removal. He advised that the applicant had provided a diversity of plantings that would effectively screen the property from adjacent neighbors. Councilmember Bulach moved to adopt Resolution No. 15-09 titled RESOLUTION APPROVING MAJOR SITE AND BUILDING PLANS FOR A NEW HOME, DRIVEWAY AND IN-GROUND POOL ON THE PROPERTYLOCATED AT 116 SALEM CHURCH ROAD, DAKOTA COUNTY, MINNESOTA, based on the findings of fact and subject to conditions as listed, seconded by Councilmember DeCourcy and carried. (3-0) b. Planner’s Report: Planner Barness reviewed her report dated February 4, 2015 relating to inquiries and technical assistance for planning and zoning items at the locations listed in her report. She explained that T-Mobile had questions relating to permits for the installation of fiber optic line and she referred them to the appropriate jurisdiction since it is located on private property. She advised that she discussed conducting classes at St. Anne’s Church with their staff and advised them that this type of activity was allowed by Conditional Use Permit. She stated that the project at 1 Grieve Glen Lane was completed and she had reviewed the property to insure it met the conditions of approval. The Planner advised she had not done so and would prepare a report for the March meeting. The Engineer recommended Council take action to approve the City entering an agreement with the MPCA for the program and he would then reconfirm the list of volunteers for each lake in March and forward the information to the MPCA. He noted that first-time volunteers would have to be trained for the project. Acting Mayor Hovey noted that the barrier on the north end of Charlton road was broken and asked if this was the results of the snow removal equipment or an auto accident. a. BUILDING INSPECTOR: Inspector Andrejka stated he issued four (4) permits in January. Council thanked the Inspector for his report. c. CITY FORESTER: Forester Nayes stated he issued two (2)) burning permits in January. He stated that he had surveyed the City and had not found any evidence of Emerald Ash Borer. Council thanked the Forester for his report. Council concurred and thanked Mr. Sullivan for his dedication.
Councilmember DeCourcy asked if the City Forester was contacted regarding what species of trees should be installed.
Councilmember Bulach asked if the siding would be installed vertically or horizontally. He also commented that he saw someone taking photos of Horseshoe Lane.
The Planner commented that it appears the siding would be vertical.
Scott Loehrer explained that the siding would be vertical in 4 ft. x 8 ft. sheets with a covering for the seams. He agreed that the roadway was videotaped to show the existing conditions.
Councilmember Bulach asked if emergency vehicles would be able to turn around in the driveway.
Scott Loehrer explained that the driveway would be flared at the end so that it would accommodate emergency vehicle access and egress.
Engineer Sterna explained that the roadway load limits are usually imposed mid-March and that the City would prefer not to issue overload permits for construction during that time.
Acting Mayor Hovey asked if the applicant would be responsible for any damage to the road during the time the load limits are in place and the City Engineer responded yes.
In discussion, Council indicated that they would prefer the property owner install the siding horizontally on the structure.
Staff advised that Council could recommend the siding be installed horizontally, however, the City Code does not require it be installed that way.
Scott Loehrer stated he would advise the homeowner of Councils’ preference, but he could not speak on their behalf at this time. He commented that the siding was the homeowners design.
Councilmember Bulach suggested that Mr. Loehrer also notify the homeowners that some of the neighbors had called to express their concern about the siding when he discusses the possible horizontal installation.
Mr. Loehrer agreed to do so.
The Acting Mayor asked if there were any further comments or questions and there was no response.
The Planner explained that she had researched the property at 295 Salem Church Road regarding conditions for screening the driveway that was discussed by Council in conjunction with chicken keeping at the adjacent property. She explained that the City Attorney would address this matter later on the agenda.
Planner Barness stated that an application was submitted for a building addition which requires a shoreland setback variance for the property at 389 Salem Church Road. She explained that the parcel is adjacent to Sunfish Lake and that she had identified and discussed all the issues related to the variance with the property owners. She advised that the application would be presented to Planning Commission at their March meeting and to Council at their April meeting.
The Planner stated there were no applications submitted for consideration prior to the February deadline and therefore, the February Planning Commission meeting was cancelled.
Acting Mayor Hovey asked if the Planner had researched information on "safety lighting" regulations for Council review.
Council thanked the Planner for her report.
7. STAFF REPORTS: Acting Mayor Hovey noted that the Building Inspector was meeting with the previous applicants and suggested that Council hear the Engineer’s report at this time.
b. CITY ENGINEER: Engineering Activities Undertaken in January: Building and Site Reviews: Engineer Sterna advised that he had been involved in the building plan review for the property at 116 Salem Church Road and had discussed the possible application for the proposed house addition at 389 Salem Church Road.
The Engineer asked that Item B. 2014 Improvement Project be removed from the report as he had completed this assignment last month.
MCES 2015 CAMP Program: Engineer Sterna explained he received the annual notice from the MPCA regarding participation in the Citizen Assisted Lake Monitoring Program (CAMP) and it was his understanding that the City would be interested in continuing its involvement with the program. He noted that volunteer participation for Sunfish and Horseshoe Lakes was good in the past, but the City has had difficulty finding volunteers for monitoring Hornbeam Lake.
The Acting Mayor asked if there were any questions and there was no response.
Councilmember DeCourcy moved to authorize staff to enter an agreement with the Minnesota Pollution Control Agency (MPCA) to conduct the Citizen Assisted Lake Monitoring Program (CAMP) for 2015 and to direct staff to reconfirm the list of volunteers for the program, seconded by Councilmember Bulach and carried. (3-0)
Snowplowing Activity for January 2015: Engineer Sterna explained that the mild weather reduced the need for snow and ice removal, however the sand-salt usage remains a concern with the icy roads due to milder weather. He advised that the City has used approximately, $15,000 or 50 percent of this year’s budget through January 15, 2015 and that he would continue to work with the contractor to insure the sand-salt applications are used as efficiently as possible for the remainder of the season
Councilmember DeCourcy commented that the contractor has done a great job this season.
Public Works Activities Undertaken in the Month of January: No public works activities were undertaken in January.
Anticipated Engineering and Public Works Activities for February: Snow Plow Monitoring: The Engineer stated he would continue to monitor the streets over the next few months through the winter to insure any issues are resolved and the proper removal techniques are utilized.
2016-2020 CIP Update: The Engineer explained that he would prepare a draft of the 2016-2020 Capital Improvement Plan (CIP) for Council review at the March or April meeting. He pointed out that the document would outline projects for 2015 and establish a plan for the next 4 to 5 years for infrastructure and maintenance projects. He noted that no major projects are scheduled until 2018 or 2020.
Engineer Sterna explained that he had not replaced the barrier last year since the contractor’s schedule was too busy and that he would attempt to set up the replacement for early spring this year. He commented that he was unsure if it was an auto accident or a snow plow accident.
Acting Mayor Hovey asked if the engineer would install the same type of post/cable barrier or if a guard rail would be more effective.
Engineer Sterna explained that it would be more cost effective to replace the posts and reattach the cable since the posts are less costly than a guardrail.
Council thanked the Engineer for his report.
The Forester explained that he conducted meetings with both the Parks and Public Lands and Firewise Committees in January. He stated he had two action items for Council consideration: 1) a request to endorse Saturday, May 2, 2015 as Arbor Day in the City; and 2) a request to authorize three (3) fire trucks to conduct a drive through the City in March to review residential properties and identify issues associated with fire prevention to their home and property. He stated that this would be done with the owner’s permission and that residents would have the option to participate if they were interested. He also asked for Council permission to place an article in the City newsletter with information about the program. He distributed an informational flyer from the Minnesota Department of Natural Recourses (DNR) which lists 50 things that can be done to protect homes from wildfires.
Councilmember DeCourcy asked if the Arbor Day celebration would be conducted that the Forester’s home again this year and Forester Nayes responded that would be his preference unless Council disagreed with the location.
Councilmember DeCourcy asked if the fire department review would be mandatory and the Forester responded no.
Acting Mayor Hovey asked why the drive-thru would be done in March and not in the summer months.
Forester Nayes explained that the architecture of the trees is easier to view when the foliage is gone and it would also be easier to apply markings to the trees if the property owners granted their permission to apply the markings.
Councilmember DeCourcy moved to endorse Saturday, May 2, 2015 as Arbor Day in the City of Sunfish Lake with the activities to be conducted at the Forester’s property, seconded by Councilmember Bulach and carried. (3-0)
Councilmember Bulach asked if residents had to come out of their homes to participate in the review of their property.
Forester Nayes responded that the review could be conducted without the property owner present. He explained that the Firewise Committee members would ride in the fire trucks and that all the information obtained would be documented for residents if they are not present.
Councilmember DeCourcy commented that she would support the activity if residents are able to opt-out of participating in the activity.
Forester Nayes responded that participation would be optional for residents.
Councilmember Bulach moved to authorize the Firewise Committee and the Fire Department to advertise in the City newsletter and to conduct a City-wide drive through with fire trucks in an effort to identify safety issues related to emergency vehicle access to properties and methods to protect homes from wildfires, seconded by Councilmember DeCourcy and carried. (3-0)
d. PUBLIC SAFETY: Clerk Iago advised that Chief Shaver was not available to attend the meeting this evening but had submitted his report dated January 22, 2015 She noted that the false alarms were reduced by 10 from the previous year’s total.
Councilmember DeCourcy asked if the two burglaries in town had been listed in the report.
Clerk Iago pointed out that they may not have occurred during the time period of the report and should be included in next month’s report.
8. NEW/OTHER BUSINESS: a. Consider Appointment of NDC4 Citizen Representative: Clerk Iago stated that resident Mike Kampmeyer had agreed to serve as the Citizen Representative to the Northern Dakota County Cable Commission (NDC4) to replace James Sullivan. She advised that both Mr. Kampmeyer and Mr. Sullivan had attended the last NDC4 meeting to assist with a smooth transition. She advised that Council should take action to appoint Mr. Kampmeyer per Mayor Park’s recommendation.
Clerk Iago explained that Mr. Sullivan had served as the City’s representative to NDC4 for the past 20 years and that Council, staff and residents were very grateful for his dedicated service.
Councilmember DeCourcy moved to appoint Mike Kampmeyer as the Citizen Representative to the Northern Dakota County Cable Commission (NDC4) to serve a two-year term commencing February, 2015 through January, 2017, seconded by Councilmember Bulach and carried. (3-0)
b. Consider Request from City Clerk for Registration Fee to Attend the Minnesota Clerks and Finance Officers Association (MCFOA) Conference March 17-20, 2015: Clerk Iago referred to her request dated February 3, 2015 for Council to authorize payment of the registration fee for her attendance at the MCFOA annual conference March 17 through 20, 2015. She explained that she did not request reimbursement for the hotel fees since the venue was closer to the cities.
d. Consider Approval of Fire Exercise Agreement Between the City of Sunfish Lake, St. Anne’s Episcopal Church and the Mendota Heights Fire Department to Conduct a Fire training Exercise: Clerk Iago explained that the Mendota Heights Fire Training Officer had contacted her regarding an agreement to conduct a fire training exercise at house that it scheduled for demolition on the St. Anne’s Church property. She explained that the fire department and church did not wish to burn the home, but the fire department wished to conduct training exercises at the property prior to demolition of the home. She stated she had sent the contract agreement to the City Attorney and he reviewed the document to insure that the City was released of any liability or other expenses incurred in connection with the training exercise. Catherine Iago, City Clerk Michael Hovey, Acting Mayor
After a brief discussion, Council concurred that the City would also reimburse the Clerk for the hotel fees as they are part of the conference costs.
Councilmember DeCourcy moved to authorize payment of the registration for the Clerk’s attendance at the MCFOA conference Mach 17-20, 2015 and reimbursement for hotel fees at a cost not to exceed $500.00, seconded by Councilmember Bulach and carried. (3-0)
c. Schedule Public Hearing at the Regular Council Meeting on April 7, 2015 to Review the City’s Storm Water Pollution Prevention Program Plan (SWPPP) and the National Pollutant Discharge Elimination System (NPDES): Engineer Sterna explained that the City is required to annually conduct a public hearing as part of the City’s annual permit in order to receive citizen input prior to submitting the permit to the MPCA. He explained that a representative from his office would conduct the meeting.
Councilmember Bulach moved to schedule a Public Hearing to Review the City’s Storm Water Pollution Prevention Program Plan (SWPPP) and the National Pollutant Discharge Elimination System (NPDES) on April 7, 2015 and direct staff to post the notice of public hearing as required, seconded by Councilmember DeCourcy and carried. (3-0)
Councilmember DeCourcy asked if anything would be recycled from the home prior to its demolition.
Treasurer Lanoue explained that the church had already removed articles to be recycled prior to agreeing to the exercise.
Councilmember Bulach moved to authorize the City to enter an agreement with St. Anne’s Episcopal Church and the Mendota Heights Fire Department to conduct a fire training exercise at the home located at 2037 Charlton Road, seconded by Councilmember DeCourcy and carried. (3-0)
e. Report on Coss Driveway Screening: Attorney Kuntz referred to his report dated February 4, 2015 regarding screening for the Coss driveway. He explained that at the November 5, 2014 Council meeting there was a question raised from the neighbor adjacent to the Coss driveway regarding a condition for screening between the Lee and Coss properties. At that time Council directed staff to research the background of the screening condition and report the findings to Council.
Attorney Kuntz explained that the driveway installation (formerly Salem Church Court) between the Lee and Coss property was discussed by Council in 1998 as part of the application for construction of the Coss residence. The City Code at the time of the first Coss subdivision in April 1998 provided that all roads must be public if they are attached to a City street. He noted the ordinances were then changed and in September 1998 the first subdivision was re-platted to the Coss 2nd Addition, with a private driveway which was formerly Salem Church Court, instead of a public road. He stated that he and the City Planner had identified documents to be researched and outlined the Council actions related to the landscaping condition of tree screening as listed in his report.
The Attorney explained that in April, 1998 a condition was imposed requiring the applicant to submit a landscape plan for area within and/or adjacent to the western border of the Salem Church Court right-of-way to show the manner in which screening would be accomplished. He stated the plan was to be submitted for review and approval of the Planning Commission, Council, City Forester and City Planner following the installation of the roadway and was to be coordinated with the building/contractor, project landscape architect and neighboring property owners.
Attorney Kuntz explained that between April and September 1998 Council changed the ordinances to allow a private driveway instead of a public road and at the September 22, 1998 Council meeting they approve the Coss 2nd Addition with a driveway being laid out as a private easement for the former Salem Church Court public roadway. He noted that a condition was impose requiring that a landscape plan be submitted for areas adjacent to the Lindeke property to show the manner in which screening would be accomplished to enhance the natural vegetation which would remain.
The Attorney advised the City Planner found an approved landscape plan dated April 26, 1999 that was submitted in conjunction with the approved site and building plan for the Coss residence in June, 1999. The landscape plan appears to show that Austrian pine, 8 to 10 ft. in size would be planted 12 ft. from each other as permitted with existing trees and would continue on the west side of the driveway from the north end to the public street, namely Salem Church Road. He noted that there was no evidence found that this planting was not done and Mrs. Coss gave verbal evidence during discussion with Council that she had attempted to install the plantings on several occasions, but the trees died.
Attorney Kuntz advised that the City Code does provide that when landscaping is required as part of City approvals, any plant material which is diseased or dies shall be replaced with like kind of the original size.
The Attorney indicated that Council could take action to direct staff to draft a letter to Mrs. Coss requesting she submit a revised landscaping plan showing replacement of the dead trees. He explained that the City Forester offered to assist the property owner and her landscape contractor to prepare the plan and determine what species of trees or plantings that could survive the conditions and would provide screening. He further suggested that the City Forester could be included in the letter and the language could state that the approved landscape plan was found and that the Forester would be willing to work with her and her contractor when she returns home to discuss the matter.
Councilmember DeCourcy suggested that installation of a berm may help to insure that the trees live.
Attorney Kuntz suggested that the City Forester should be able to assist with finding some type of planting that would survive and screen the area.
Acting Mayor Hovey what options the Council would have if nothing could be found that works to screen the area.
The Attorney indicated that Council could review other screening options.
There was discussion relating to whether or not the letter should be sent from Council or staff.
Attorney Kuntz suggested Council first the Planner and Forester to make contact with the property owner and that they provide the originally approved plan, recommend species for planting, and include a reference to the City Code that requires replacement of plantings that are diseased or have died.
Acting Mayor Hovey asked if a timeline should be included.
Attorney Kuntz suggested the letter be sent within the next month and request that Mrs. Coss contact the Planner and Forester when she returns home. He noted that the plantings could not be installed until weather permits so there does not appear to be an immediate timeline.
Acting Mayor Hovey asked if there were any further questions and there was no response.
Councilmember Bulach moved to direct the Planner and Forester to send a letter to Mrs. Coss which includes the approved landscape plan for her property and requests that she contact them upon her return to discuss preparing a new landscape plan to provide screening from the adjacent property as required, seconded by Councilmember DeCourcy and carried. (3-0)
f. Other: Request from Mayor Park for registration Fee to Attend the National League of Cities Annual Conference in Washington, D.C., March 7-11, 2015: Clerk Iago referred to her memorandum dated February 9, 2015 requesting registration fees for Mayor Park to attend the National League of Cities conference in Washington, D.C., March 7-11, 2015. She explained that the Mayor was asked to participate as a member of the Telecommunications Committee at this conference and had not attended the event since 2010. She stated the Mayor wished to be reimbursed for hotel costs, but did not have the amount at this time. The registration fee is $660.00 and must be sent this month to receive the early-bird discount; travel and hotel fees were not available at this time.
Council concurred to authorize the payment and briefly discussed an amount sufficient to cover all the conference fees.
Councilmember Bulach moved to approve the request for reimbursement from Mayor Park to attend the National League of Cities Annual Conference in Washington, D.C., March 7-11, 2015 at a cost not to exceed $2,500, seconded by Councilmember DeCourcy and carried. (5—0)
Acting Mayor Hovey asked if there was any further business and there was no response.
9. ADJOURN: Councilmember DeCourcy moved to adjourn the meeting at 8:15 p.m. seconded by acting Mayor Hovey and carried (3-0)
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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.