SUNFISH LAKE CITY COUNCIL MEETING MINUTES

NOVEMBER 5, 2014

7:00 P.M.

Attendants:

Mayor: Molly Park

Councilmembers: Mike Hovey, Cathy DeCourcy, and Steven Bulach

City Attorney: Tim Kuntz

City Planner: Michelle Barness

Engineer: Don Sterna

City Treasurer: Ann Lanoue

City Forester: Jim Nayes

Interim Building Inspector: Mike Andrejka
Police Chief: Manila Shaver

City Clerk: Cathy Iago

and Members of the General Public.

Councilmember JoAnne Wahlstrom was absent.

1. CALL TO ORDER: Mayor Park opened the meeting at 7:00 p.m. She offered her congratulations to everyone who was re-elected to Council and commented that her preliminary vote tally showed a 97.4% approval rating from residents. She stated she was very proud of the cooperative effort between Council and staff to serve the City and that she looks forward to working together for the next two years. She also thanked the City Clerk and election judges for their efforts to insure the integrity of the election.

2. APPROVE AGENDA: Mayor Park asked if there were any additions or corrections to the agenda and there was no response.

Councilmember DeCourcy moved to adopt the agenda, seconded by Councilmember Hovey and carried. (4-0)

3. CONSENT AGENDA: Mayor Park asked if there were any questions or comments relating to any items on the Consent Agenda. She indicated that the applicant’s names and addresses for the two planning items 6.a and 6.b were swapped and she requested the Clerk change the names and addresses on pages 1 and page 3 of the minutes to reflect the correct name and address with the application.

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

Councilmember Hovey moved approval of the Consent Agenda with corrections to the October 7, 2014 Council minutes as amended by the Mayor and as listed above, seconded by Councilmember Bulach and carried. (4-0)

a. Regular Council Meeting Minutes of October 7, 2014 as amended.

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: None

6. PLANNING COMMISSION/PLANNER’S REPORT: a. Consider Resolution Approving a Permit for Chicken Keeping at 315 Salem Church Road, Daniel & Liz Lee; Planner Barness explained that the proposed resolution approving the permit for chicken keeping reiterates and memorializes the conditions recommended by the Planning Commission and some changes that were adopted by Council at the October 7, 2014 meeting. She advised that Council added a condition that adequate protection fencing be installed near the playhouse structure and that the fencing be located on the Lee’s home’s side of the playhouse structure. She also explained that a neighbor had expressed concern relating to whether or not a deadline had been established for the conditions imposed to be met and that she met with the Mayor and City Attorney to discuss the concern and determine a reasonable deadline. She stated that Attorney Kuntz suggested one month from the date this item was discussed by Council. He suggested November 27, 2014 as a possible deadline for meeting the conditions but pointed out that Council may wish to extend the deadline for the installation of the

screening materials since weather at this time of year may not permit planting.

Councilmember DeCourcy questioned why the driveway on the Coss property was placed so close to the property line.

The Planner explained that staff has been researching this issue but at this time she does not have an explanation as to why it is so close to the property line.

Mayor Park suggested that discussion of the driveway be delayed until after action has been taken on the proposed resolution. She noted that screening is being required for both properties and the City Attorney has laid out the requirements for the Lee property screening in the draft resolution.

Planner Barness stated that at the September Council meeting she was asked to review requirements from other communities relating to keeping of chickens and other animals. She advised she would be presenting a draft of ordinance regulations relating to keeping of animals at the November Planning Commission meeting for their discussion and recommendations. She stated that the draft ordinance would then be presented to Council for consideration at their December 2 meeting. She noted that the ordinance would include farm and non-domestic animals.

The Planner explained that Council may also wish to consider an additional condition that imposes a deadline for the installation of the landscaping on the Lee property and suggested Council ask the City Forester for his input.

Forester Nayes suggested that May or June would be the best time to install plantings.

After a brief discussion, Councilmember Bulach suggested the deadline of June 1, 2015 and explained that staff could review the plant installations and report to Council at their regular meeting scheduled on June 2, 2015. Council concurred with the recommended date.

Mayor Park asked if a site visit would be conducted by staff when the plantings are installed and to insure that all the conditions have been met.

Planner Barness responded that the homeowners are responsible for contacting the City Forester to verify that the plantings are installed. She noted that the conditions are spread over a period of time, but staff will also be checking on the chicken coup and the fencing.

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

Councilmember Hovey moved to adopt Resolution No. 14-35 titled, RESOLUTION APPROVING AN ADMINSITRATIVE PERMIT FOR CHICKEN KEEPING FOR THE PROEPRTY LOCATED AT 315 SALEM CHURCH ROAD, LEGALLY DSECRIBED AS LOT 1, BLOCK 1, LINDEKE ADDITION, DAKOTA COUNTY, MINNESOTA, subject to the conditions as listed and with an amendment to include the deadline for installation of the plantings by June 1, 2015, seconded by Councilmember Bulach and carried. (4-0)

Mayor Park explained that the driveway installation between the Lee and Coss properties was discussed by Council in 1998 as part of the application for construction of the Coss residence. She commented that some research had been done which showed the City Code at that time stated that all roads must be public if they attached to a City street; she indicated that the City Code regulations changed and a private driveway was installed and screening may have been a condition of approval. She noted that further research is being done on the subject and the City Attorney had outlined and listed information that must be found prior to his providing a formal opinion on the matter.

The Mayor asked if the Forester had talked to Mrs. Coss regarding possible plantings that would grow in the area.

The Forester responded yes and stated he had offered several suggestions for plantings.

Mayor Park also commented that the Lee’s are also required to provide some screening of the chicken coup.

Attorney Kuntz explained that he had identified documents that must be researched and that staff should have the information available by either the January or February, 2015 Council meeting.

Councilmember Hovey suggested further discussion be delayed until the February, 2015 meeting since the first meeting of the year contains several business items. Council concurred.

b. Planner’s Report: Planner Barness stated that the October Planning Commission meeting was cancelled due to a lack of applications. She advised has been working with the Bancroft’s regarding a potential land transfer, subdivision and CUP, plus a review for non-conforming shoreland lots, for Lot 2 Block 1, Windy Hill Road. She noted that she also provided ongoing technical assistance for several other planning and zoning items as listed in her report dated October 29, 2014. She offered to respond to questions on any of the items listed.

The Planner advised that the next item on the agenda relates to discussion of use of the property at 2566 Delaware Avenue that was previously heard before Council for a Major Site and Building Plan review to construct a new home at that location. She explained that the applicants had discussed construction of a bonus room above the garage that would include a sleeping area, bathroom and kitchen. She noted that the applicants had agreed to remove the sink in the kitchen area and that no separate entrance would be constructed so that this area would not be used as a separate distinct additional single family dwelling in order to meet City Code requirements.

Planner Barness stated that the applicants have now requested that a sink be placed in the kitchenette area of the bonus room but that it is not their intent to establish a residence for two separate family units. She also noted that the kitchenette in the bonus room is incidental to the main kitchen and is not considered a second freestanding kitchen. She explained that the City Attorney worked with the applicants to create a legal agreement to supplement the original home approval to ensure that the so-called “bonus room” above the garage is used only as part of the overall single family dwelling to conform with the Zoning Code and is not used as a separate distinct dwelling.

The Planner referred to the City Attorney’s report dated October 29, 2014, which provides background information and the proposed agreement.

Mayor Park commented that she was grateful the applicants came forward with their request rather than just install the sink.

Councilmember Hovey asked if St. Anne’s Church is considering removal of the parsonage home.
Treasurer Lanoue explained that she is involved with the building committee and it was determined that it would be too expensive to make the repairs to the home and that the church has been discussing a possible controlled burn by the Mendota Heights Fire Department or demolition of the home.

The Mayor asked if Council would be kept informed of the progress and the City Treasurer responded yes.

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

c. Discuss Agreement Relating to Land Use for Property located at 2566 Delaware Avenue; Attorney Kuntz explained that the Planner had provided detailed discussion of this item and he had no further information to report. He offered to respond to questions and advised that the property owners had reviewed and signed the agreement. He stated that if Council concurs with the request, they should take action to approve the agreement

Councilmember DeCourcy moved to approve the Agreement Relating to Land Use with respect to property at 2566 Delaware Avenue, Sunfish Lake, Dakota County, Minnesota with Michael D. Boyle, seconded by Councilmember Bulach.

In discussion Councilmember Bulach asked how the City would check to insure that the Boyle’s adhere to the agreement in the future.

Mayor Park indicated that there would be no outside access to the living area above the garage or any separate entrance to the area.

The Planner agreed that the garage may have a side door but no separate interior door would be permitted.

The Mayor asked if there was any further discussion and there was no response. She called the question.

Motion carried. (3-0)

Planner Barness stated that an application to allow antenna updates on the cell tower located on the St. Anne’s Church property would be reviewed at the November Planning Commission meeting. She explained there are no height increases or additional service buildings being requested and a licensed professional engineer certified that the requested antenna updates are necessary to meet the need of the wireless system and to provide coverage; the engineer also advised that the existing structure can handle more antenna. She stated that planning staff also prepared information for an ordinance amendment for animal setbacks that are currently used in communities similar to Sunfish Lake. She advised that both items would be presented to Council at their December meeting.

Council thanked the Planner for her report.

7. STAFF REPORTS: a. BUILDING INSPECTOR: Interim Building Inspector Mike Andrejka was present and advised that he issued three (3) new permits in October and closed one (1) permit.

Council thanked the Interim Inspector for his report.

b. CITY ENGINEER: Engineering Activities Undertaken in October: Building and Site Reviews: Engineer Sterna stated that staff conducted three (3) site and building plan reviews in October. He explained that he had discussed possible site plan and building modifications with the property owner at 240 Salem Church Road and the Interim Building Official relating to the tuck-under garage that was originally approved with the application. He advised that due to some conditions that were imposed as part of his review this matter may be returned to the Planning Commission for their review. He pointed out that the conditions recommended were to insure that the property owner would not experience problems with flooding in the basement of the home. He commented that work on the driveway for the property has begun.

Sign Repair: The Engineer advised that a new post was installed in early October and the stop sign was reinstalled at Windy Hill Road and Salem Church Road.

Charlton Road Grading: Engineer Sterna stated that Pine Bend Paving re-graded Charlton Road in mid-October and the road appears to have some wash-boarding close to Highway 110; he explained this normally occurs soon after the road is re-graded due to weather.

2014-2015 Snow Plowing: The Engineer stated the contract was signed and that he drove through the City with Professional Snow Removal Services to explain the City’s expectations for plowing. He advised he discussed the Council’s expectations with the plowing services and stated he would also monitor the work to ensure the critical issues are being addressed. He explained that he provided his phone number and other contact information to the Mayor for placement in the Sunfish Lake newsletter so that residents may voice their concerns or issues with the snow and ice removal.

Councilmember Hovey asked what type of equipment the company would use on Charlton Road and asked if the engineer advised them to plow the width of the streets versus just a path down the middle.

Engineer Sterna explained the company has equipment to complete the plowing and that on smaller streets a pick-up truck with a plow is normally used. He stated he did advise the company to plow the entire width of the street and that they should use a sand/salt mixture on the roadways. He noted that he advised them to call him prior to using only salt on the road if the conditions are extremely icy. He commented that the owner of the company lives in Mendota Heights and should be able to respond quickly if problems arise.

Public Works Activities Undertaken in the Month of October: 2014 Street Reconstruction Project Close: The Engineer explained that the contract documents were finalized and the final Pay Voucher would be held for Lien Waivers prior to its release. He stated that the assessments were certified to the County and will appear on next year’s tax rolls.

Anticipated Engineering and Public Works Activities for November: Snow Plow Monitoring: Engineer Sterna stated he would begin monitoring the streets over the next several months and asked that any problems, unsafe conditions or concerns be directed to him at the phone number placed in the City newsletter and on the website.

Councilmember Bulach asked if the engineer had resolved the issue of the buried culverts on the 45 Salem Church Road project.

Engineer Sterna explained that he has been researching the issue of where the pipe located and he has walked the swale are to review the silt fencing installation.

Councilmember Hovey asked if there were any ramifications for the City cutting the power line during the street improvement project.

The Engineer responded no and explained the line was unmarked and this occurs on occasion.

There was discussion relating to the power outage that occurred due to the cut power line and how it affected Sunfish Lake residents.

Engineer Sterna explained that it would be hard to point blame on anyone because he was unsure if the line was incorrectly installed or incorrectly marked.

Councilmember Hovey pointed out that the majority of property owners rely on electric power to operate their wells and septic systems.

The Engineer explained that contractually the City has no recourse with the contractor because they performed their job correctly and were not responsible for marking the utilities. He pointed out that this type of incident does occur occasionally in all cities.

Council thanked the Engineer for his report.

c. CITY FORESTER: Forester Nayes stated he issued six (6) burning permits during September and completed pruning and removal of dead trees along Angell Road so that they don’t fall across the road. He noted that while pruning along Acorn Drive he discovered an infestation of oriental bittersweet, a prohibited and very noxious weed. He stated this was confirmed by the MN Department of Agriculture and that he met with the homeowner about removal of the infestation.

The Forester stated that Harmon Park trail was mowed that the tree tubes were checked around the young trees. He explained that he began pruning along Charlton road to take down a few dead elms, two dead willows and two dead silver maples that could have blocked the street if they fell during a storm.

Forester Nayes advised he continued to monitor firewood harvesting at 6 Acorn Drive and recommended that a letter be sent to the landowner encouraging them to deal with the large piles of brush on the site that were generated by the firewood harvest process. He stated he drafted a letter with attachments showing the area and forwarded it to the Planner and City Attorney for their input. He asked for authorization to send the letter to the property owner.

Mayor Park asked if the letter contained consequences if the property owner does not remove or burn the brush pile.

The Forester explained that the letter offered solutions to resolve the problem as a first step in dealing with the fire hazard.

Councilmember Hovey asked how long the brush piles have been on the property.

The Forester indicated it has been over two years and there appear to be at least a dozen piles. He explained that he took photos of an adjacent woodland area for comparison purposes and would send the photos with the letter if Council gives their authorization to do so.

Councilmember DeCourcy asked if Kevin’s Corner is in charge of the project and if anyone had received flyers from his company in their mailboxes. There was no response regarding the receipt of flyers from the company.

Forester Nayes stated that he would send the letter to the property owner and not to the company. He noted the letter outlines the potential fire hazard and safety issues relating to the brush piles.

Mayor Park asked if pollutants would be released during the burning process and how long it would take to burn the piles.

The Forester explained that he recommends burning small piles and steadily feeding them rather than large piles; he noted that the burning should occur when there is snow cover as a safety precaution.

Councilmember DeCourcy stated in her opinion it was a nice letter.

Councilmember Bulach asked if the wood could be chipped versus burned. The Forester explained that because the wood has been lying on the ground and would not be dry it could cause harm to the chipper. He also noted that although pollutants would be released with burning, the neighbors may prefer to have the piles and safety hazard removed.

There was discussion relating to determining a deadline for completing the burning process and Council concurred that the end of the year should be sufficient to complete the process.

Councilmember Hovey suggested that the letter include language stating that if the task has not been completed by next spring, the City would complete the process and charge the property owner.

The Mayor questioned if the fire hazard lessened when the snow falls.

The Forester agreed the hazard is somewhat less, but the property owner cannot burn in the spring which would create the same hazard through the summer months next year. He suggested that if the property owner has not completed the burn by January, 2015 the City could then take the next steps to eliminate the hazard.

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

Councilmember Bulach moved to authorize the City Forester to proceed with sending a letter and attachments to the property owner at 6 Acorn Drive regarding the safety hazard with brush piles on the property and that the Forester provide an update on this matter the December Council meeting to determine the next steps in the process, seconded by Councilmember DeCourcy and carried. (4-0)

The Forester displayed the noxious bittersweet weed and asked that he be contacted if anyone locates the weed on their property. He explained that the weed can choke and pull down trees. He commended the Mendota Heights Forester for his quick response in removing dead elms on the Mendota Heights side of Delaware Avenue so quickly after he was advised of the situation.

Council thanked the Forester for his report.

d. PUBLIC SAFETY: Chief Shaver reviewed his report October 22, 2014 and advised there were four (4) false alarms and one (1) fire alarm that was cancelled. He advised that the Rotary Club conducted a clean-up along the right-of-way on Delaware Avenue and that there was a motorcycle and vehicle accident at Delaware and Salem Church Road, but there were no injuries.

The Chief asked if Councilmember Hovey wished to present the Deer Hunt report.

Councilmember Hovey advised that Investigator Matt Muellner stated there were four (4) deer taken, one antlerless and three antlered. He explained that tonight would be the last evening for the second hunting period for the Metro Bowhunters and the residents had not reported any deer taken.

Council thanked the Chief and Councilmember Hovey for their reports.

8. NEW/OTHER BUSINESS: a. Consider Approval of Contract with the Metropolitan Council for the Citizen Assisted Monitoring Program (CAMP): Clerk Iago explained that the Met Council had contacted the City regarding execution of the CAMP contract. She explained that Engineer Sterna indicated he recalled it was done, but after reviewing the Council minutes, it appears that formal action was not taken.

Mayor Park asked if monitoring for Hornbeam Lake was completed and if the City pays for them if they weren’t.

Engineer Sterna explained that it has always been difficult to find a volunteer to monitor Hornbeam Lake, and he was unsure if it had been done. He noted that the City only pays for the samples that are taken.

Forester Nayes explained he had found a volunteer, but he was unsure if the samples had been taken.

The Mayor asked if the contract should be approved retroactively and the City Engineer responded yes.

Councilmember Hovey moved to approve the Intergovernmental Agreement between the Metropolitan Council and the City of Sunfish Lake for the Citizen Assisted Lake Monitoring (CAMP) Program for the year 2014, seconded by Councilmember DeCourcy and carried. (4-0)

b. Discuss Appoint of Building Official: Attorney Kuntz stated that Council had temporarily appointed Mike Andrejka to serve as the Interim Building Official for the City for a period of 60 days after the August 27, 2014 resignation of David Neameyer. He explained that a meeting was held with Mr. Andrejka, the Mayor, the City Clerk and himself to discuss the terms for his services during the 60-day time period and that Mr. Andrejka had submitted his resume and a letter of recommendation as requested by Council.

The City Attorney advised that the 60-day period has expired and Council should consider a contract between the City and A to Z Home Inspection, LLC, (Mike Andrejka) for Building Official Services and the contract appoints Mike Andrejka (Chief Manager) as Building Official.

The Attorney reviewed the terms of the contract as outlined in his report dated October 29, 2014, and stated that the contract was modeled after the previous building official’s contract. He advised that approval of this contract would void the previous contract with Mr. Andrejka for interim services. He further noted that he and David Neameyer had agreed on payments for outstanding permits prior to David’s resignation and there would be no double billing for any of those outstanding permits.

Attorney Kuntz explained that Mr. Andrejka was presented a copy of the contract for his review and he had advised the terms were acceptable. He stated that if Council concurs with the proposed contract they should adopt the proposed resolution appointing Mr. Andrejka as the Building Official for the City and approving a contract with A to Z Home Inspection LLC and the City for building official services and authorize its execution.

Councilmember Bulach asked if this contract would run through 2014 and a new contract would be negotiated for 2015.

The City Attorney responded no and explained this is an on-going contract and that be terminated upon 30-days written notice from either party. He explained that it was purposely set-up that way and that the City does not have to show cause for termination; he advised that Council would still conduct annual performance reviews for this position.

Councilmember DeCourcy commended him on the design of his report and stated that in her opinion he has done a fantastic job.

Councilmember DeCourcy moved to adopt Resolution No 14-36 titled, RESOLUTION APPOINTING MIKE ANDREJKA AS THE BUILDING OFFICIAL FOR THE CITY OF SUNFISH LAKE AND APPROVING A CONTRACT BETWEEN A TO Z HOME INSPECTION LLC AND THE CITY OF SUNFISH LAKE RELATING TO BUILDING OFFICIAL SERVICES, seconded by Councilmember Bulach and carried. (4-0)

c. Schedule Special Meeting to Canvass Sunfish Lake 2014 Municipal Election Results: Clerk Iago explained that the Council must canvass the results of the Sunfish Lake Municipal Election to Dakota County between three and 10-days of the election. She advised that three days posted notice must be given prior to conducting a Special Meeting to canvass the results. She noted that the meeting would be brief and that at least a quorum of elected officials must attend.

After a brief discussion, Council concurred to schedule a special meeting on Monday, November 10, 2014 at 3:00 p.m. to canvass the 2014 Sunfish Lake Municipal Election results.

Councilmember Hovey moved to schedule a Special Meeting on Monday, November 10, 2014 at 3:00 p.m. at St. Anne’s Church, to canvass the 2014 Sunfish Lake Municipal Election results, seconded by Councilmember DeCourcy and carried. (4-0)

d. Schedule Special Meeting to Conduct Consultant Reviews on December 2, 2014, 5:00 p.m.: Clerk Iago explained that Council annually schedules a Special Meeting to conduct consultant reviews and normally it is held prior to the regular meeting in December. She noted that she would contact each of the consultants to schedule their allotted time; she suggested starting the meeting at 5:00 p.m. and explained that dinner is usually served during the reviews.

Councilmember DeCourcy moved to schedule a Special Meeting to Conduct Consultant Reviews on Tuesday, December 2, 2014 at 5:00 p.m. at St. Anne’s Church, seconded by Councilmember Hovey and carried. (4-0)

e. Other: Mayor Park explained that Council would conduct a public hearing to discuss the 2015 Budget and Tax Levy and she asked that any questions or comments be sent to the City Treasurer prior to the meeting so that she may prepare her responses

Councilmember Hovey asked if was necessary to conduct a public hearing and the Treasurer responded that it is not necessary but in her opinion it was good to review the information for the public.

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

9. ADJOURN: Councilmember Hovey moved to adjourn the meeting at 8:10 p.m. seconded by Councilmember Hovey and carried (4-0)


____________________________ ________________________________

Catherine Iago, City Clerk Molly Park, Mayor