SUNFISH LAKE CITY COUNCIL MEETING – NOVEMBER 4, 2020
7:00 P.M. – ONLINE MEETING
Attendants:
Mayor: Dan O’Leary
Councilmembers: Mike Hovey, Steven Bulach and Shari Hansen
City Attorney: Tim Kuntz
City Planner: Ryan Krzos
City Engineer: Jeff Sandberg
City Treasurer: Ann Lanoue
Building Inspector: Mike Andrejka
City Forester: Jim Nayes
Police Chief: Brian Sturgeon
City Clerk: Cathy Iago
and Members of the General Public.
Councilmember JoAnne Wahlstrom was absent.
1. CALL TO ORDER: Mayor O’Leary called the meeting to order at 7:00 p.m. He stated that he wished to acknowledge and thank the City Clerk and Co-Chair Election Judges Councilmember Mike Hovey and Jeannine Nayes and all the other judges for their efforts to conduct a successful election. He asked Councilmember Hovey for the names of the other judges who had served for elections this year.
Councilmember Hovey advised that the following residents served as an election judge at one or more of the three (3) elections held this year. He noted there were a couple of new judges at the November 3 election: Ginny Beckett, Shelley Little, Barb Tani, Angel Crandall, Linda Touhy, Liz Oakman, Ann Pabst, Liz Lee, Megan Manternach, Shari Hansen, and Christine Hartman. He explained that Tuesday’s election went very well and that the judges efficiently finished their duties by 9:30 p.m. He stated that he estimated the voter participation in Sunfish Lake was approximately 95 percent, while the highest average turnout in Minnesota was 85% in the 1980’s.
Mayor O’Leary asked those present to give applause for everyone who participated in the election process.
2. APPROVE AGENDA: Mayor O’Leary asked if there were any additions or corrections to the agenda.
Clerk Iago explained that Council usually conducts staff reviews at the first meeting in December each year. She noted that because the meetings cannot be held in person, it may be appropriate to wait until the January meeting when it may be possible to hold the reviews in person. She asked that discussion on this matter be placed on the agenda under Item 8.e. Other Business.
The Mayor asked if there were any other additions to the agenda and there was no response.
Councilmember Bulach moved to adopt the agenda as amended, 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.
The Mayor stated that the City had an agreement when they hired the new Planner that the fees for service would not exceed the budgeted amount for 2020. He noted that the year-to-date expenditures appear to exceed the budgeted amount at this time and asked what would be done to keep the costs within the 2020 budgeted amount.
Treasurer Lanoue explained that there was no payment to the Planner this month as the costs for services may have been charged as part of the applicant’s costs.
Engineer Sandberg concurred that the costs to date are within the 2020 budgeted amount for planning services as those costs were paid directly by the property owners. He advised that he and the Planner are watching the costs so that they do not exceed the budgeted amount for 2020.
Mayor O’Leary noted that there were no false alarms this month and that the number of false alarms was less than the previous year; he stated it is his hope that residents continue to keep the number low.
The Mayor referred to the Public Safety Report and had the following questions: 1. Has the use of the “cell phone app” mentioned been causing problems within the City; 2) What area were the reported BB guns being used; and, 3) Are there still cameras located in the area where dumping occurs on Upper 55th Street?
Chief Sturgeon explained that the people were trespassing on private property when following the “app” on their cellphones, however, that was the only incident and officers talked to them so they should not return to the City. He noted that the incident regarding the use of BB guns was in Musser Park, but officers did not locate anyone in the park. He further advised that there is one camera in the area where the dumping occurs. He suggested that the City may need to push for development of that site to resolve the dumping issues and that the only other solution would be to block access on that road.
Mayor O’Leary asked if there was an issue with homeless people in Sunfish Lake.
Chief Sturgeon explained that he has had no reports in the last 3 weeks on this matter. He noted that he had spoken to the one specific person who was found in the City and that he provided this individual information on housing services in Dakota County.
The Mayor asked if there were any further questions and there was no response.
Councilmember Hovey moved approval of the Consent Agenda as presented, seconded by Councilmember Hansen and carried. (4-0)
a. Regular Council Meeting Minutes of October 6, 2020
b. List of Bills
c. Monthly Financial Statements
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 Resolution Regarding Major Site and Building Plan Review, 245 Salem Church Road, Chris Van Klei, Design Homes, Tim & Kate Becker property owners: Planner Krzos referred to his report dated October 27, 2020 and explained that Chris Van Klei, Detail Homes, submitted the application on behalf of the property owners, Tim and Kate Becker, for a Major Site and Building Plan review to facilitate the construction of a single-family residence at 245 Salem Church Road. He stated that the property is zoned R-1, Single Family Residential, and that the request includes constructions of a residential structure in the central portion of the site, a pool, patio, and an attached garage. He stated that the proposed application meets all applicable standards for building setbacks, and complies with height and building area requirements. He explained that the proposed structure would be an earth-toned, traditional style farmhouse designed with a pitched gambrel roof and the exterior building materials consist of wood lap siding and cedar shake siding and cedar roof shingles; he noted these materials are consistent with surrounding residential properties and are allowed by the Zoning Ordinance. He noted that the driveway access would be provided from Salem Church Road to the attached garage in a north/south orientation with a circular turnaround.
The Planner explained tree inventory was provided as well as a landscaping plan. He stated that the trees to be removed are Box Elder and pines that are growing too close together. He advised that these trees would be replaced with fifty (50) trees including Maple, White Pine and Quaking Aspen. He stated that existing trees along Salem Church Road would remain. He advised that grouping of new trees are arranged to provide screening of the site from adjacent residential properties to the east and west and several plantings of shrubs and perennials are proposed around the perimeter of the structure and pool area.
Planner Krzos stated that an exterior lighting plan was submitted that shows the installation on the structure, garden and up lighting in landscaped areas. Staff recommended a condition be included that requires the exterior lighting not exceed one (1) candle foot at the property line; the proposed lighting includes the equivalent of 40-watt lights and is not anticipated to be an issue.
The Planner explained that the plans designate both a primary and secondary septic system location. He stated the stormwater management plans, infiltration basin and grading/drainage plans were reviewed and approved by the City Engineer.
Mayor O’Leary asked for clarification of an area on the plans and the City Engineer explained that it was an area for emergency overflow for the ponds.
Planner Krzos stated that the Planning Commission held a public hearing on this matter and no public comments were received at that time. He advised that he received an email from an adjacent property owner who expressed concerns relating to whether or not overhead power lines would be used and if the proposed driveway location could be adjusted so that his property would not be affected by vehicle headlights. The Planner advised the property owner that powerlines would be buried on the site and that the location of the driveway and screening proposed would not impact his property.
The Planner stated that the Planning Commission and staff recommend approval of the request based on the findings of fact and the ten (10) conditions as listed in his report and in the proposed resolution. He offered to respond to questions and explained that the applicant and property owner were also present.
Mayor O’Leary asked if there were any questions from Council.
Councilmember Hovey asked if there would be lighting in the pool area and/or floodlights near the pool.
Planner Krzos stated that the plan shows lighting in the garden area and around the perimeter of the pool area.
Chris Van Klei, applicant, stated that there are no floodlights proposed in the pool area, only some up lights along the driveway that would meet City requirements.
Kate Becker, property owner, agreed that there would be no floodlights in the pool area and that there would be only a few decorative lights in flower beds near the pool.
Councilmember Bulach complimented the property owner on the design of the home and welcomed her to the City. He asked if the garage would be attached or detached.
Planner Krzos explained that it is an attached garage and that there is a breezeway between the home and the garage.
Chris Van Klei explained that the home was designed to resemble the barn that was on the site and what the property looked like 100 years ago.
Mayor O’Leary also welcomed the property owner to the City and asked if the dormer area above the garage would be used for a children’s play area.
Kate Becker explained that her children are too young to use the space at this time but maybe in the future.
The Mayor asked if there were any further questions and there was no response.
Councilmember Hovey moved to adopt Resolution No. 20-23 titled, RESOLUTION APPROVING A MAJOR SITE AND BUILDING PLAN REVIEW FOR THE PROPERTY LOCATED AT 245 SALEM CHURCH ROAD, based on the findings of fact and subject to the conditions as listed, seconded by Councilmember Bulach and carried. (4-0)
b. Planner’s Report: Planner Krzos referred to his report dated October 27, 2020 and stated that this was a relatively quiet month with only one application. He explained that he continued to work with the property owner at 1 Horseshoe Lane regarding plans for that site and that he was unsure if the application would be completed for review at the December Planning meeting.
The Planner stated that staff approved and issued the administrative permit for the Dynamic sign at Southside Baptist Church and had conducted the final site inspections for the new residence at 1 Sunfish Lane and the repaving of five (5) private driveways on Charlton Road as part of the road improvement project.
Planner Krzos stated he had some inquiries regarding development of the vacant property on Upper 55th Street where dumping occurs.
Council thanked the Planner for his report.
7. ENGINEER’S REPORT: 1. Engineering Activities Undertaken in October: A. NPDE/SWPPP Annual Public Hearing: Engineer Sandberg referred to his memorandum dated October 28, 2020 and explained that the City delayed conducting its annual public hearing on the City’s Storm Water Pollution Prevention Plan (SWPP) and National Pollutant Discharge Elimination System (NPDES) which is required as part of the MS4 Permit, due to COVID restrictions on in-person meetings. He noted that the public hearing must take place in 2020 and reviewed three (3) options for conducting the hearing in lieu of an in-person public hearing: 1) Hold a stand-alone virtual public meeting with Zoom; 2) Record a video presentation to be played at a regular or special City Council meeting and post the video to the City website with a PDF of the SWPPP document and request the public to submit questions or comments; or, 3) Create a poster or informational board to be posted at First Calvary Church (the site of future Council meetings) for the pubic to review and then submit questions or comments.
The Engineer pointed out that the information should be presented in December to meet the permit requirements.
Mayor O’Leary asked the City Clerk if the December meeting was normally slower than other months and the Clerk responded yes.
After a brief discussion, Council concurred to direct staff to proceed with Option 2 and record a video presentation to be shown at the December 1, 2020 Council meeting and then posted on the City website to request public questions or comments. Staff was further directed to publish and post a notice of the public hearing for the date and time of the SWPPP/NPDES meeting.
B. Snowplowing Contract: Engineer Sandberg explained that the City Attorney had prepared a report for discussion under Item 8.d. on the agenda and asked if Council wished to discuss the matter at this time. Council agreed to discuss the item rather than wait until later.
Attorney Kuntz referred to his memo dated October 29, 2020 and stated that the Engineer had requested a change to the contract and referred to the last paragraph on page 3 of the contract. He noted there was a reference limiting the amount that the City would pay to the Contractor for snow removal service provided in October or May of that year by stating that the amount “shall not exceed $1,000 per month irrespective of how any hours of service are provided during those months”. He noted that those months are considered to be outside of the usual snowfall season. He stated that the amount of $1,000 was the amount that was listed in the previous contract.
The Attorney stated that the City Engineer recommended that the amount be increased to $2,340 since, based on experience, that would be a more reasonable cap.
Mayor O’Leary asked if the change should occur in all of the last three paragraphs on page 3 of the contract or only the last paragraph.
Attorney Kuntz stated it would change in all of the last three paragraphs on page 3 of the new contract.
Engineer Sandberg stated he had been working with the contractor to finalize the 3-year contract and that he was given verbal confirmation that the contractor would sign the agreement with the change.
Councilmember Hovey asked how the Engineer arrived at the $2,340 amount.
Engineer Sandberg explained that he reviewed the unit prices for equipment and materials and the usual amount of time it would take to, 4 to 6 hours, to clear snow within the City.
Councilmember Hovey questioned why the contractor did not question the amount in the past.
Engineer Sandberg indicated that the contractor may not have calculated the time and materials in the past.
Mayor O’Leary asked if there were any further questions and there was no response.
Mayor O’Leary moved to approve the three-year contractor with Executive Contractors, Inc, with the amendment on page three which changes the not to exceed amount for October and May, 2023 to $2,340 per month.
Councilmember Hovey seconded the motion with a friendly amendment stating that the change in the amount be included in all three years. Mayor O’Leary agreed to the friendly amendment.
Motion as amended carried. (4-0)
C. Feasibility Sties for 2021 CIP Projects: Staff prepared four (4) draft studies and continues to work with the City Attorney and Planner regarding assessment options and assessable properties that may be included in the project. He noted that he had revisited a property on Zehnder Road to determine if it should be included I the project. He stated that he anticipates presenting the report at the December Council meeting.
2. Building and Site review in the Month of October: Staff conducted six (6) property reviews in October:
1 Sunfish Lane – Discussed proposed changes to the storm water management system with the applicant and their engineer.
369 Salem Church Road - Reviewed as-built survey plans submitted.
245 Salem Church Road – Reviewed the development plan submitted for the property.
1 Horseshoe Lane – Reviewed turf establishment on the property and allowed removal of some erosion controls.
2150 Charlton Road – Working with the project architect and engineer to obtain proper documentation on as-builts.
3. Public Works Activities Undertaken in the Month of October: A. Snowplowing for the season started on October 28, 2020. The Engineer noted that Executive Contractors, Inc. worked to remove the snow without having a signed contract with the City.
Mayor O’Leary asked if the contractor had pre-treated the roads.
Engineer Sandberg responded no and explained that the snowfall had caught the contractor by surprise as he was just beginning to get equipment ready for winter.
4. Anticipated Engineering and Public Works Activities for November: A. Staff will work with the city snowplow contractor to keep roads clear and safe. He asked residents to email concerns relating to slippery areas that need attention to:
Mayor O’Leary asked that this information be placed on the City website using the language in the City Engineer’s report and Councilmember Hovey agreed to do so. The Mayor asked if there were any further questions and there was no response.
Council thanked the Engineer for his report.
8. NEW/OTHER BUSINESS: a. Consider Ordinance Amending Section 301.04 of the Sunfish Lake City Code Relating to Time and Place of Planning Commission Meetings and, b. Consider Ordinance Amending Section 201.01 of the Sunfish Lake City Code Relating to Time and Place of City Council Meetings. Mayor O’Leary referred to the memorandums from Attorney Kuntz dated October 28,2020 relating to both proposed ordinance amendments relating to meeting dates for Planning Commission and Council. He explained that the meeting location for Planning Commission and Council meetings would change to First Calvary Baptist Church beginning in January, 2021 and that there was a conflict with meeting on Wednesday evenings at the church; the Pastor asked if it would be possible to change the meeting date since Wednesday evenings are a busy with events at the church. The Mayor stated that the City Attorney found a section of the City Code that specifies that Planning Commission meetings are held on the third Wednesday of each month and, therefore would have to be amended if the day of the week changed.
The Mayor explained that the City Attorney proposed language which provides for the Planning Commission to adopt a resolution that sets their meeting date schedule for the year and that also states that if the meeting falls on a holiday or a day on which the Commission is not allowed to meet, the meeting will be held one week later. He further advised that the same language would be inserted into the Ordinance Amendment for the Council meeting dates which would allow Council to also be able to set a schedule for the upcoming year. He pointed out that by including this language, it should avoid the necessity for future amendments.
Mayor O’Leary asked if there were any questions and there was no response.
Mayor O’Leary moved, seconded by Councilmember Hovey, to adopt the following ordinances:
Ordinance No. 2020-02 titled, AN ORDINANCE AMENDING SECTION 301.04 OF THE SUNFISH LAKE CITY CODE RELATING TO TIME AND PLACE OF PLANNING COMMISSION MEETINGS; and
Ordinance No. 2020-03 titled, AN ORDINANCE AMENDING SECTION 201.01 OF THE SUNFISH LAKE CITY CODE RELATING TO TIME AND PLACE OF CITY CONCIL MEETINGS.
Motion carried. (4-0)
c. Consider Approval of Lease Agreement with First Calvary Baptist Church: Attorney Kuntz referred to his memorandum dated October 28, 2020 regarding the proposed lease agreement with First Calvary Baptist Church and explained that the City’s lease with St. Anne’s Church expires at the end of this year and, when searching for possible locations to conduct City meetings, First Calvary Baptist Church offered their facilities at no charge to the City. He stated that per Council request, he prepared a 5-year lease agreement for Council action.
Mayor O’Leary asked if there were any questions and there was no response.
Councilmember Bulach moved to approve the lease agreement with First Calvary Baptist Church as presented, seconded by Councilmember Hansen and carried. (4-0)
Attorney Kuntz stated that Pastor Verway called to advise that he had presented the lease to the church Trustees and that they had agreed to the terms and signed the document.
d. Consider Approval of 2020-2021 Snow Plowing Contract: This item was approved under the Engineer’s report.
e. Other: Discussion Relating to Conducting Annual Consultant Reviews: Clerk Iago explained that the annual consultant reviews are usually done at a special meeting before the regular December Council meeting. Due to COVID restrictions Council has the option to conduct the reviews individually via a Zoom meeting in December, or wait until the first meeting in January, 2021 when it may be possible to conduct the reviews in person.
The Mayor asked if the December meetings were usually long and the Clerk noted that there are now two (2) public hearings scheduled for the December meeting.
Council discussed the fact that it may not be possible to hold in-person meetings in January due to the COVID restrictions and questioned if the delay would affect salary increases.
Mayor O’Leary noted that Councilmembers Hovey and Bulach usually meet to discuss proposed salary increases for staff prior to the first of the year. Treasurer Lanoue explained that any salary increase proposed could be paid retro-actively if necessary, however, if Council approves an increase at the January meeting, it would not be paid out until the February meeting.
Council concurred to delay the annual consultant reviews until the first meeting in January, 2021 and to direct Councilmembers Hovey and Bulach to meet and prepare a recommendation for salary increases.
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 7:55 p.m.
____________________________ ________________________________
Catherine Iago, City Clerk Dan O’Leary, Mayor
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.