SUNFISH LAKE CITY COUNCIL MEETING – NOVEMBER 13, 2018

7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH

Attendants:

Mayor: Dan O’Leary

Councilmembers: Mike Hovey, JoAnne Wahlstrom, and Shari Hansen

City Attorney: Dan Beeson

City Planner: Ryan Grittman

City Engineers: Don Sterna

City Treasurer: Ann Lanoue

City Forester: Jim Nayes
City Clerk: Cathy Iago

and Members of the General Public.

Councilmember Steven Bulach, Building Inspector Mike Andrejka and Police Chief Manila Shaver were absent.

1. CALL TO ORDER: Mayor O’Leary opened the meeting at 7:00 p.m.

Mayor O’Leary thanked Molly and Adam Wilson and Nicole and Bryan Flynn for resurrecting and planning the Sunfish Lake Halloween Party for residents in the City. On behalf of the Council and residents he also thanked City Clerk Iago and her Election Judge staff for conducting two successful elections this year.

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

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

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

Clerk Iago noted that Treasurer Lanoue was not at the meeting and her name should be removed from October 2, 2018 minutes.

The Mayor asked if there were any further corrections or comments and there was no response. He explained that the regular meeting date was changed due to the November 6 election.

Councilmember Hovey moved approval of the Consent Agenda with the amendment to the minutes of October 2, 2018, seconded by Councilmember Wahlstrom and carried. (4-0)

a. Regular Council Meeting Minutes of October 2, 2018 as amended

b. List of Bills

c. Monthly Financials

d. Receive Building Inspector Report

e. Receive Forester Report

f. Receive Public Safety Report

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

5. PUBLIC HEARING/PRESENTATIONS: None.

6. PLANNING COMMISSION/PLANNER’S REPORT: a. Consider Conditional Use Permit Amendment, 331 Salem Church Road, Sena Kihtir: Planner Grittman explained that the property owner received a variance in 2016 to construct an addition on the home with a side yard and shoreland setback encroachment. He stated that one of the conditions of approval was that the painting of the new addition must match the existing home. He advised that the property owner has now requested an amendment to the conditions of approval to repaint the home a new color because the existing color has faded unevenly and is outdated.

The Planner explained that the Planning Commission reviewed the request and recommended approval of the amendment to the condition to allow painting the home one color.

Mayor O’Leary asked if notice of the request was sent to all neighbors.

Planner Grittman responded yes and explained that notice of a public hearing was published in the newspaper and mailed to surrounding properties. He stated he received one phone call to ask if the color had been chosen and that the person calling did not state an opinion on the matter. He noted that the condition states the color would be chosen by the applicant.

Mayor O’Leary asked if the paint color must still be considered “earth tone”.

Planner Grittman responded yes.

Councilmember Wahlstrom asked if the Commission set a timeframe to complete the painting of the home.

The Planner explained that the original date was set for July 15, 2019, however the applicant asked for an extension to August 31, 2019 and the Commission agreed and included that date in their recommendation.

In discussion, Council concurred that the August deadline was acceptable.

Councilmember Hovey moved to accept the recommendation of the Planning Commission and approve the request to amend the Conditional Use Permit and to extend the timeline to complete the painting of the home to August 31, 2019, seconded by Councilmember Hansen.

In discussion, Councilmember Hansen asked if the applicant had chosen an earth tone color for the home.

Sena Kihtir was present and stated that she was thinking of painting the home an off-white color. She commented that she would hate to choose a color and then not have it approved by the City.

Councilmember Wahlstrom stated her opinion that an off-white color would be considered “earth tone” and would be pleasing.

The Mayor asked if there was any further discussion and, hearing none, called for a vote.

Motion carried. (4-0)

b. Planner’s Report: Planner Grittman reviewed the following information listed in his report dated November 7, 2018 and advised that the Chicken Renewal Permit at 315 Salem Church Road was due this year. He explained that this permit was renewed in 2015 and that after the initial renewal, the permits must be reviewed every three (3) years. He stated if there is a complaint the Council must decide if a permit renewal would be granted. He noted that there were two documented complaints about the chickens, one in 2016 and one in 2017. In both instances, it appears that the issues were quickly resolved.

Staff contacted the property owner and they informed the City that they are no longer keeping chickens on the property and asked that the permit be discontinued. He stated that he advised them if they wished to have chickens in the future they must reapply for the permit.

Mayor O’Leary asked if a letter was sent to the property owners and the Planner responded no.

The Mayor directed the Planner to send a formal letter to the property owner to document the conversation.

Planner Grittman explained that a letter was sent to the property owners at 115 Salem Church Road regarding an RV and van that are parked on the side of the driveway at this location. The property owners contacted staff and explained that the RV and van are parked on class five limestone.

The Planner explained that the Ordinance states that the parking area must be surfaced with a material to control drainage and dust but does not further regulate materials for surfacing. Staff has closed the file on this matter at this time.

Councilmember Hovey asked if there was any update on the shingles stored on the property.

Planner Grittman stated that the Building Inspector had contacted the property owner, but no permit for roofing was issued yet.

Council thanked the Planner for his report.

7. CITY ENGINEER REPORT: 1. Engineering Activities Undertaken in October: A. Upper 55^th Barricade Options: Engineer Sterna explained that he was not up-to-date on the barricade options, however, he suggested an option would be to construct a cul-de-sac just after the church property and vacate the remainder of the road. He noted that the property owner at the end of the road could retain an easement for driveway access. He suggested that when staff reviews the street for an overlay, they could review the costs associated with this option.

Mayor O’Leary asked if the Kennan’s property line is adjacent to the Church property and Engineer Sterna responded that he was unsure where the Kennan property starts. He noted that he had not received information from the Police Chief regarding the surveillance cameras and suggested tabling discussion on this matter to the December meeting.

Council concurred to table discussion of the barricades to the December meeting.

B. Charlton Road Easements: 1. Engineer Sterna explained that three (3) easements remain to be signed and that the Norton property easement would be considered for signature by the City later this evening on the agenda.

Mayor O’Leary asked what the effect would be on the project without parcels Nos. 5, 23, and 28. He also asked if it would interfere with the project if the City does not have easements for these properties.

Engineer Sterna explained that the City would be working within the prescriptive rights on all three (3) parcels and that he had reviewed the matter with the City Attorney who agreed the City would be within their legal rights to proceed.

2. Building and Site Reviews in October: Engineer Sterna explained that staff met with the architect and owners for 270 Salem Church Road for a pre-submittal meeting; no formal applicant submitted at this time.

3. Engineering/Public Works Activities Undertaken in the Month of October: 1. Charlton Road was regraded in preparation for winter.

2. Staff received information from a resident that the Sunfish Lake outlet was plugged and a site visit determined that sediment needed to be cleaned out of the ditch. Forester Nayes volunteered to perform the work.

Engineer Sterna commented that it would be extremely beneficial for the City to fix the outlet and save the City money.

Councilmember Hovey agreed that repairing the outlet would resolve the problem.

Engineer Sterna stated he would be working with staff to complete the Charlton Road project. He explained that staff would conduct an Open House for residents in January 2019 at the Mendota Heights Fire Department facilities. He stated that this meeting would be to discuss the project components and the schedule for the project.

3. Anticipated Engineering/Public Works Activities for November: None.

Engineer Sterna stated he called the snowplow contractor and asked that sand/salt be placed on Salem Church Road because it was icy. He asked that he be called if there are any other areas that need attention since Engineer Sandberg is out-of-town.

Mayor O’Leary stated he received a complaint regarding the slippery conditions on Acorn Drive and asked that the snowplow contractor be sent there to review the situation.

Council thanked the Engineer for his report.

8. NEW/OTHER BUSINESS: a. Consider Approval of Joint Powers Agreement and 2019 Community Funding/Waste

Abatement Program Application for Recycling Grant Funds with Dakota County : Clerk Iago referred to her report dated November 7, 2018 requesting adoption of the resolution authorizing submission of the 2019 Community Funding Application to Dakota County for the Waste Abatement and Recycling Program grant funds.

The Clerk explained that the City annually submits the application for funding and that she and the Recycling Coordinator are responsible for completing the tasks assigned by the County. She noted that the City Attorney had also reviewed the Joint Powers Agreement and had no concerns.

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

Councilmember Hansen moved to adopt Resolution No. 18-32 titled, RESOLUTION AUTHORIZING SUBMISSION OF THE 2019 DAKOTA COUNTY JOINT POWERS AGREEMENT AND COMMUNITY FUNDING APPLICATION REQUESTING 2019 WASTE ABATEMENT COMMUNITY FUNDING, seconded by Councilmember Hovey and carried. (4-0)

b. Consider Approval of the 2019 Draft Budget from NDC4 (Northern Dakota County Cable Commission): Clerk Iago explained that Jodi Miller, Executive Director of NDC4 requested the City approve the draft 2019 NDC4 Budget. She stated that the document had been sent to the City Treasurer for her review and no concerns were raised. She advised that there would be a slight reduction in the funds coming to the City in 2019, however, the Treasurer had advised it would not impact the City budget. She further explained that if all the member cities approve the draft budget, it would not be returned and would be the final budget adopted for 2019.

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

Councilmember Wahlstrom moved to approve the 2019 Draft Budget from NDC4 as presented, seconded by Councilmember Hansen and carried. (4-0)

c. Consider Adoption of Resolution Canvassing the 2018 Sunfish Lake Municipal Election Results: Clerk Iago congratulated the Mayor and Councilmembers and referred to her Official Canvass report dated November 13, 2018.
She asked that Council adopt the Canvass resolution as presented.

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

Councilmember Hovey moved to adopt Resolution No. 18-33 titled, A RESOLUTION CANVASSING RETURNS OF THE NOVEMBER 6, 2018 GENERAL ELECTION, seconded by Councilmember Wahlstrom and carried. (4-0)

d. Schedule Special Council Meeting at 5:00 p.m. December 4, 2018 to Conduct Consultant Reviews: Clerk Iago explained that Council conducts consultant reviews annually and asked that Council schedule a special meeting prior to the December 4, 2018 Regular Council meeting for this purpose.

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

Councilmember Hansen moved to Schedule a Special Council Meeting on December 4, 2018 from 5:00 to 7:00 p.m. to conduct the annual consultant reviews, seconded by Councilmember Hovey and carried. (4-0)

e. Consider Approval of the Nomination of Jeannine Nayes for the Planning Commission Vacancy: Mayor O’Leary stated he was pleased to nominate Jeannine Nayes to fill the unexpired vacancy on the Planning Commission. He advised that Jeannine had done a fabulous job on the “Welcome Committee” and briefly reviewed her resume for Council.

The Mayor thanked everyone who submitted input and nominations for this position. He explained that he also consulted with the Planning Commission Chair who was pleased to support his nomination of Jeannine.

Councilmember Hovey asked if there would be conflict of interest since Jeannine is married to the City Forester.

Mayor O’Leary explained that he asked the City Attorney the same question and was advised that there would be no conflict of interest since Jeannine would have no management authority and no authority in decisions relating to monetary compensation. He further advised that the City Attorney explained that the Planning Commission was only a recommending body.

The Mayor asked if there were any questions and there was no response. He congratulated Jeannine and stated that he looks forward to working with her.

Mayor O’Leary moved to appoint Jeannine Nayes to serve the unexpired term of Shari Hansen on the Planning Commission, seconded by Councilmember Hovey and carried. (4-0)

f. Consider Resolution Approving Agreement Relating to Charlton Road Improvements together with Permanent and

Temporary Easements between the City of Sunfish Lake and Martha Norton: Attorney Dan Beeson was present to introduce City Attorney Kuntz’s report dated November 7, 2018 relating to the Charlton Road Improvements and the agreements between the City and Martha Norton for Permanent Public Street, Drainage and Utility Easements and Temporary Construction and Wetland enhancement easements.

Attorney Beeson explained that Attorney Kuntz asked him to advise Council that nothing in the agreements had changed from his presentation at the October 2, 2018 Council meeting.

Mayor O’Leary apologized for not reviewing the entire document prior to the meeting. He stated he had a concern regarding page 4, sub paragraph “e” which states “City agrees to substantially complete enhancement in the wetland by November 20, 2019”. He noted that an infinite number of things could occur during the project to delay its completion and he would recommend to the City Attorney that future language be stated as “the City agrees to make its best efforts” rather than include a definite date. He commented that he prefers that contracts have “wiggle room” in the event delays occur. He explained that he would support approval of the document this evening so that the project is not delayed and that his comments were for future reference.

Attorney Beeson stated he would advise the City Attorney of the Mayor’s comments and agreed that it would be appropriate to include the suggested language. He also noted that the signed easement documents remain in effect until 2020 in the event some delay occurs.

Mayor O’Leary pointed out that the City would do everything in its power to complete the project in a timely manner.

Councilmember Hovey stated he has no objection to the contract as it stands, however he supported the wetland restoration costs being paid from the General Fund budget since it is a pubic road.

Mayor O’Leary asked if the Council should take action on that recommendation as an official position at this time.

Attorney Beeson indicated that action is usually taken when the assessments are proposed, however Council could make a motion at this time if they so choose.

Councilmember Hovey moved to advise staff that the cost of the Wetland Enhancement on the Norton property would be paid from the General Fund budget and not included as part of the assessments to the property owners for the Charlton Road project, seconded by Councilmember Wahlstrom and carried. (4-0)

Councilmember Hovey moved to adopt Resolution No.18-34 titled, RESOLUTION APPROVING AN AGREEEMENT RELATING TO SUNFISH LAKE CITY PROJECT NO. 2018-01 (CHARLTON ROAD IMPROVEMENTS) BETWEEN THE CITY OF SUNFISH LAKE AND MARTHA H. NORTON, seconded by Councilmember Hansen and carried. (4-0)

g. Consider Exempting Right Turns from Stopping for Southbound Salem Church Road Traffic Intending to Head

Westbound onto Windy Hill Road: Mayor O’Leary explained that residents on Windy Hill Road had contacted him regarding having to stop at the T-intersection. He noted that Inver Grove Heights has a similar situation and the vehicles are exempted from having to stop. He asked if Council would consider approving the exemption at this location.

Councilmember Hansen asked if signage would be placed on all the stop signs at that location.

Mayor O’Leary explained that the other stop signs would not state that it is an “all way” stop intersection. He advised that Engineer Sandberg raised concern regarding accidents from the northbound traffic confusion that the southbound vehicle does not stop. He pointed out that the north traffic usually moves at a fairly slow speed so any accident would most likely be minor. He suggested he could email all the neighbors on Windy Hill Road to advise them of the change.

Councilmember Hansen stated she had not heard anyone complain or ask for the change.

Councilmember Wahlstrom pointed out that delivery people or visitors who do not live on the road maybe confused by the change.

Clerk Iago suggested Council poll he residents on the road to ask their opinion on the matter.

Mayor O’Leary agreed and offered to contact the residents on the road and recommended tabling this item to a future meeting after he had polled the neighborhood.

Council concurred to table the discussion to a future meeting.

h. Other: Mayor O’Leary asked if there was any further business and there was no response.

9. ADJOURN: Mayor O’Leary moved to adjourn the meeting at 7:45 p.m.

____________________________ ________________________________

Catherine Iago, City Clerk Dan O’Leary, Mayor