SUNFISH LAKE CITY COUNCIL MEETING MINUTES

July 1, 2014

7:00 P.M.

Attendants:

Mayor: Molly Park

Councilmembers: Mike Hovey, JoAnne Wahlstrom, 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: David Neameyer

Police Chief: Manila Shaver

City Clerk: Cathy Iago

and Members of the General Public.

Councilmember Cathy DeCourcy was absent

1. CALL TO ORDER: Mayor Park opened the meeting at 7:00 p.m.

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

Councilmember Wahlstrom moved to approve the agenda as presented, seconded by Councilmember Hovey.

Treasurer Lanoue requested an amendment to the motion to add an item under 8. New/Other Business: Schedule Special Meeting to Discuss 2015 Budget.

Councilmember Hovey also requested an item be added to the agenda under 8 New/Other Business: Discuss 2014 Deer Management Plan.

Councilmembers Wahlstrom and Hovey as maker and second of the motion agreed to the amendment to the motion to add both items for discussion as requested.

Motion as amended carried. (4-0)

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

Councilmember Hovey referred to the List of Bills and questioned the fact that the City Attorney’s billing statement included statements from the month of April, 2014. He asked if this was due to the fact that the item was not billed until it was finished or if it was a timing issue.

Attorney Kuntz explained that the cut-off date for billing is on the 25^th of each month and that it relates to a timing issue.

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

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

a. Regular Council Meeting Minutes of June 3, 2014.

b. List of Bills

c. Monthly Financials

4. COMMENTS FROM THE PUBLIC: The Mayor asked if there were any comments from the public and there was no response.

5. PUBLIC HEARING/PRESENTATIONS: None.

6. PLANNING COMMISSION/PLANNER’S REPORT: a. Consider Resolution Approving Major Site and Building Plan and Conditional Use Permit, 50 Sunnyside Lane, Michael and Melissa Prueher: Planner Barness explained that the Planning Commission reviewed the application from the Pruehers to construct a chicken coop/garden shed on their property located at 50 Sunnyside Lane. The Chicken coop/garden shed will be a second accessory structure on their property in addition to an existing carriage house which requires approval of a Conditional use Permit (CUP). She explained that according to City Code an accessory structure requiring a CUP must also undergo a major site and building plan review.

The Planner stated that the applicants wish to build a chicken coop/garden shed on their property and in addition to the approvals requested this evening, they must also obtain an Administrative Permit from staff. She advised that she and the Forester reviewed the site and approved the Administrative Permit to house chickens contingent upon Council approval of the requests presented this evening.

Planner Barness advised that the proposed 96 sq. ft. chicken coop/garden shed is small compared to other accessory structures, but still requires approval of both a Major Site and Building Plan Review and a CUP. She displayed a diagram showing the location of the existing home and the existing carriage house accessory structure. She also showed the location of the proposed chicken coop/garden shed in the middle of the rear yard on the property. She noted that there is substantial existing screening in this area and no homes are located to the north or east of the proposed location.

The Planner stated that the proposed structure meets the accessory structure size requirements as it could be up to 1,000 sq. ft. and it is 96 sq. ft. and also meets the height requirement; the building is 10 ft. high and could be up to 16 ft. high. She further noted that the building materials proposed for the structure meet design standards and the proposal meets lot coverage standards.

Planner Barness explained that staff found the proposal meets all performance, and building design standards and all setback requirements for accessory structures. She further advised that the proposed structure does not impact and views or lakes as it is not located within the Shoreland District.

The Planner stated that notice of the public hearing at the Planning Commission meeting was sent to all adjacent neighbors and no comments or concerns were submitted and no one attended the meeting.

Staff recommends approval of the Major Site and Building Plan Review and the CUP, subject to conditions as listed and based on the fact that the structure will have minimal impact on the property as there will be no grading no alteration of vegetation and minimal increase in impervious surface. The Planner noted that the project would have no negative impact on neighboring properties or public right-of-ways.

The Planner offered to respond to questions.

Councilmember Hovey asked how many chickens would be housed in the structure. The Planner responded that she was unsure how many the applicant plan to house, but they cannot have more than twenty (20).

Mayor Park asked Councilmember Hovey how many chickens he has on his property and he responded 20.

Councilmember Wahlstrom asked if the maximum number is twenty and the Planner responded yes.

Councilmember Bulach asked how the chickens are controlled on the property.

Councilmember Hovey explained that a person must be outside with them if they are out of the coop.

The Planner advised that the applicants are proposing to install some type of chicken “run” with fencing, but they had not decided what would be used. She explained that staff would review the proposal.

Mayor Park asked if it would be difficult to enforce the regulation that someone must be outside with them.

Councilmember Hovey explained that normally the chickens are trained to return to the safety of the coop within a few weeks and that they prefer to be inside the coop for safety.

Mayor Park asked if the permit is only issued for one year to see how the proposal performs and what happens when the permit expires.

The Planner advised that staff would visit the site and if no complaints or issues have arisen within the year, the property owners can then apply for a three-year Administrative Permit.

The Mayor asked what happens after the three-year permit expires and the Planner responded that they may seek another three-year permit.

Councilmember Wahlstrom asked the life expectancy of chickens and Councilmember Hovey responded that the average life expectancy is three years.

Mayor Park asked if Council action is necessary and the Planner replied that Council must take action to approve the request by adopting the proposed resolution.

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

Councilmember Hovey moved to adopt Resolution No. 14-21 titled RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A CHICKEN COOP AS A SECOND ACCESSORY STRUCTURE AND MAJOR SITE AND BUILDING PLANS FOR THE CONTRUCTION OF THE CHICKEN COOP FOR THE PROPERTY LOCATED AT 50 SUNNYSIDE LANE, LEGALLY DESCRIBED AS LOT 2, BLOCK 1, KNUTSON ADDITION NO. 2, DAKOTA COUNTY, MINNESOTA, based on the findings and subject to conditions as listed, seconded by Councilmember Bulach and carried. (4-0)

b. Planner’s Report: Planner Barness reviewed the inquiries and technical assistance for planning and zoning items at the locations listed in her report dated June 25, 2014. She offered to respond to any questions regarding these properties and advised that she would inform Council if any formal applications are submitted.

The Planner stated there are two applications that will be reviewed by the Planning Commission is July:

2566 Delaware Ave – Major Site and Building Plan Review and three (3) CUP’s: The Planner explained that the applicants wish to demolish the existing home and construct a new home on property located between Hornbeam Lake and Wood Duck Pond, which falls within the R-1 Single Family Residential and Shoreland Overlay Districts. She advised that the three (3) CUP’s relate to the non-conforming lot size, and in-ground pool installation as a second accessory structure; and due to the fact that the pool would be located between the existing home and the lake setback.
345 Salem Church – Minor Site and Building Plan Review and Variance: The Planner stated that the applicants are requesting a variance from the shoreline and rear yard setbacks in the Shoreland District to allow expansion of an existing garage. She noted that they wish to add 590 sq. ft., which is one additional stall, but that there is limited buildable area on the lot with the Shoreland setbacks. She advised that this is an unusual but legally non-conforming lot. She explained that staff may approve the Minor Site and Building Plan Review but that approval would be contingent upon Council approval of the variance request. She noted that the variance hardship may relate to the unusual shape of the lot and the limited buildable area due to the Shoreland setback requirements.

Councilmember Hovey recalled that there was a change in the variance rulings and that approval did not relate to “hardship” but other criteria.

Planner Barness agreed and advised that approval now relates to reasonable use of the land and practical difficulty; she stated she would provide a summary of the change for Council information when the application is presented.

Council thanked the Planner for her report.

7. STAFF REPORTS: a. BUILDING INSPECTOR: Inspector Neameyer stated he issued eight (8) and closed seven (7) permits in June. He commented that permit activity is increasing due to the summer months.

Council thanked the Inspector for his report.

b. CITY ENGINEER: Engineering Activities Undertaken in June: Building and Site Reviews: Engineer Sterna advised that he had been involved with eight (8) site and building plan reviews in June and several will require follow-up in July; he also anticipates additional site reviews in July.

Speed Study on Angell Road: The Engineer stated that a speed study was conducted on Angell Road between June 9 and 20, 2013 and found vehicles traveling at speeds up to 50 mph; he noted that this occurred during the same time period each time and therefore may be the same individual speeding. He explained that six (6) vehicles were traveling at 35 mph or faster and ten (10) of fifty-six (56) vehicles exceed the speed limit on one day.

Mayor Park pointed out that the wires for the study were placed beyond Councilmember DeCourcy’s home and further north toward Harmon Park; she commented that there are few homes in that area and it may be a resident exceeding the speed limit since it occurs at the same time each day.

The Engineer pointed out that there was no speeding on weekends and that may rule out delivery services such as FedEx. He advised that the speeding occurs between 3 and 4 pm each day and that there are 54 to 58 cars per day traveling the road. He commented that Councilmember DeCourcy’s concerns were correct and that speeding is an issue.

Councilmember Wahlstrom questioned if the City could contact FedEx to determine if they made deliveries on weekends.

Chief Shaver pointed out that his staff had done extra patrols in the area but with the information provided by the Engineer the department may be able to determine the offenders. He suggested that the information could be reviewed with the residents.

Mayor Park agreed that the information should be shared with residents as an educational tool.

The Engineer indicated that a speed hump may not work in this area as vehicles may attempt to make up for lost time slowing down for the speed hump and speed up once they are past it. He advised that he would provide the information to the Chief so that his staff could patrol during the time periods when speeding occurs.

Councilmember Hovey asked what other methods may work to slow traffic. Engineer Sterna stated that the speed flashing sign helps to deter speeding, but the signs are expensive. He noted that the road is narrow which should slow vehicles; he indicated there are not many other devices that would work on such a small length of road.

Councilmember Wahlstrom asked if signage posting the speed at 20-25 mph would work. The Engineer pointed out that drivers tend to ignore signs.

Mayor Park suggested conducting a neighborhood meeting with residents to discuss the speed study findings and she offered to coordinate the meeting. She asked Chief Shaver to attend and he agreed. Engineer Sterna also offered to attend.

Public Works Activities Undertaken in the Month of June: No public works activities were done in June.

Anticipated Engineering and Public Works Activities for July: 2014 Street Reconstruction Project Update: The Engineer stated a preconstruction meeting was held on June 25 with the contractor and he plans to start work the week of July 14. He distributed the flyer that would be sent to affected property owners with information on the project and numbers to call with questions. He explained he met with Mr. Bancroft to stake out the road to determine private vs public property and also walked Angell Road with Councilmember DeCourcy to discuss possible tree removal in conjunction with the project.

2015-2019 CIP Update/ 2015 Budget: The Engineer stated he distributed a copy of the 2015-2019 CIP for Council review at the June meeting and asked that comments or questions be sent to him by email. He stated that comments received from Council would be incorporated into the final CIP and would then be approved by Council at their August meeting after the 2015 budget is discussed.

Cable Guardrail Repair: Engineer Sterna stated the contractor plans to make the necessary repairs in July to the five (5) post that were damaged over the past year.

Charlton Road/Sunfish Lake Outlet Maintenance: The Engineer advised that as a result of the excessive rain fall this year more gravel was washed into the culvert at the 90 degree bend on Charlton Road which plugged the pipe and redirected water out the discharge pipe to Sunfish Lake which now is also plugged. He noted that the main pipe was cleaned out but the deposit of gravel still remains in the lake and should be removed. He anticipated the cost to range from $1,800 to $2,200 and that Goliath Company, who specializes in this type of cleanup work, would be hired for the project.

Mayor Park pointed out that lake issues are normally paid by the Lake Homeowner’s Association and she noted that $1,160 was already spend by the City for this project; she asked the City Attorney to explain why the City would be paying for the project.

Attorney Kuntz explained that the debris plugging the culvert was caused by drainage water coming from the City easement and drained the gravel into the lake. He commented that it would be prudent for the City to manage the issue at this time before it gets worse. He also noted that the City has cleaned the ditch area on the City easement near the lake in the past and has borne the costs.

The Engineers agreed that approximately seventeen years ago the City paid for an improvement to the ditch; however; debris from Charlton Road runoff is plugging the pipe and it should be cleaned all the way to the end of the pipe as soon as possible. He noted that Charlton Road is scheduled for re-grading this Thursday.

Councilmember Hovey asked the condition of the other culverts on Charlton Road.

The Engineer stated the western culverts are in good condition and that he walked the area with a resident when the plugging occurred. He commented that the rest get more settlement in them and some should be cleaned out; he noted this was done one or two years ago. He stated he would review the culverts along the road and if he finds any that are critical he would include them with the project near the lake.

Councilmember Hovey asked if there was any way to prevent the runoff from entering the lake in the easement area.

The Engineer explained that other than changing the road surface from gravel to bituminous there was nothing that could be done; he commented that dust control application does help somewhat with the runoff situation.

Forester Nayes asked if the Engineer had found any information on the sandbags plugging the outlet on Horseshoe Lake.

The Engineer stated he had not contacted MnDOT regarding the two sandbags were placed in the outlet, but he indicated that MnDOT normally notifies the City when this occurs. He stated the sandbags should be removed immediately and that they may have been placed there by a resident.

Council thanked the Engineer for his report.

c. CITY FORESTER: Forester Nayes stated he issued one (1) burning permit in June. He commented that due to the extreme wet conditions he has concerns regarding trees falling since wet soil can be displaced easily and roots simply slide out when gusty winds occur. He noted that it appears that large box elder trees are breaking and have a greater risk of falling; he suggested that such trees be taken down by residents.

The Forester stated he responded to questions from residents regarding brush piles, burning permits, chickens, oak wilt, and fishing on Sunfish Lake this month. He asked that if residents call with issues relating to signage blocked by tree overhang that he be contacted to eliminate the problem.

Forester Nayes stated that he contacted Rough Cutt to mow the City street edges in the near future and that the company has done an excellent job in the past. He thanked Chief Shaver for his assistance in clearing the downed tree on Angell Road while he was out-of-town.

Council thanked the Forester for his report.

d. PUBLIC SAFETY: Chief Shaver referred to his report dated June 17, 2014 and advised there were five (5) false alarms this month; he noted that the number is similar to the same amount of alarms last year at this time. He reviewed the other calls listed in his report and offered to respond to questions.

Council thanked the Chief for his report.

8. NEW/OTHER BUSINESS: a. Consider Resolution Appointing Election Judges for the August 12, 2014 Primary Election: Clerk Iago explained that State Statutes require cities to adopt a resolution appointing election judges for the primary and general elections. She explained that she had difficulty obtaining judges and that if anyone knows of persons interested in serving in this capacity to let her know.

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

Councilmember Hovey moved to adopt Resolution No. 14-22 titled, RESOLUTION APPOINTING ELECTION JUDGES FOR THE AUGUST 12, 2014 PRIMARY ELECTION , seconded by Councilmember Bulach and carried. (4-0)

b. Other: 2014 Deer Management Discussion: Councilmember Hovey explained that he received an email from Investigator Matt Muellner requesting that discussion of the 2014 Deer Management Program be presented to Council early so that the season may begin without delay. He advised that he would meet with appropriate parties representing the residents and Metro Bow Hunters Association to prepare the request to conduct the deer hunt in 2014.

Mayor Park asked if this would be brought to the August or September meeting for discussion and Councilmember Hovey responded yes.

Attorney Kuntz asked if there would be other changes to the contract with the Metro Bow Hunters and the residents besides the dates.

Councilmember Hovey stated that no other changes should be necessary as the two-day training for residents to be certified was added the document last year.

Council concurred to direct Councilmember Hovey to meet with all parties and prepare a request for review at the August or September meeting.

Schedule Special Meeting for 2015 Budget Discussion: Treasurer Lanoue requested Council schedule a special meeting to discuss the 2015 City Budget since the City must adopt the preliminary budget and tax levy and send it to Dakota County in September. She asked if Council wished to conduct the special meeting prior to the regular Council meeting in August and indicated that one hour should be sufficient for the discussion.

Mayor Park asked who should be present. The Treasurer pointed out that the Engineering normally utilizes a large portion of the budget and Council should determine if any projects should be undertaken in the upcoming year. She advised that the Planner may have attended last year and the Clerk is present to take minutes.

Engineer Sterna agreed that he should be present for the discussion.

Attorney Kuntz noted that two issues would drive the budget discussion; the Capital Improvement Plan (CIP) with a two-year forecast would be preferable and the tax levy with the bond levy for 2015 due to the 2014 Street Improvement Project. He indicated that Council may choose to designate an amount of money from the City reserves to reduce the tax levy, although there is a certain amount that should be retained in the reserve funds due to timing of property tax payment to the City.

Treasurer Lanoue agreed that the City must maintain operating expenses for six months since the County does not distribute the property taxes to the City until July.

Attorney Kuntz also noted that decisions may be a bit more complicated due to the additional tax levy with the bond levy for the 2014 Street Improvement Project. The Treasurer agreed and noted that property valuations have increased which may also affect the numbers.

Treasurer Lanoue stated she would ask staff to prepare their budget requests, prepare the proposed budget document, and forward the information to Council prior to the meeting.
The Mayor asked if formal action was necessary and the Attorney responded yes.

Councilmember Hovey moved schedule a Special Council Meeting at 6:00 p.m. on August 5 for the purpose of conducting a discussion of the proposed 2015 City Budget and Tax Levy, seconded by Councilmember Bulach and carried. (4-0)

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

9. ADJOURN: Councilmember Hovey moved to adjourn the meeting at 8:01 p.m. seconded by Councilmember Bulach and carried (4-0)


____________________________ ________________________________

Catherine Iago, City Clerk Molly Park, Mayor