SUNFISH LAKE CITY COUNCIL MEETING – OCTOBER 1, 2019

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

Attendants:

Mayor:  Dan O’Leary

Councilmembers: Mike Hovey, JoAnne Wahlstrom, Steven Bulach and Shari Hansen

City Attorney:  Tim Kuntz

City Planner: Ryan Grittman

City Engineer:  Jeff Sandberg

City Treasurer:  Ann Lanoue

City Forester: Jim Nayes
Police Chief:  Brian Sturgeon

City Clerk:  Cathy Iago

     and Members of the General Public.

Building Inspector Mike Andrejka was absent

1. CALL TO ORDER: Mayor O’Leary opened the meeting at 7:00 p.m.  He stated he had served as Mayor for one year and he expressed his appreciation to Council and staff for the wonderful work they have done. He commented that he is blessed to have staff and Council that care deeply about the City of Sunfish Lake and that it is a privilege and honor to be able to work with such high caliber individuals. 
   
   2.  APPROVE AGENDA:  Mayor O’Leary asked if there were any additions or corrections to the agenda.

The Mayor explained that Council received an email from the City Attorney earlier today that explained the City’s Official Newspaper for posting legal publications would no longer be able to publish the legal notices.  The Attorney requested an addition to the agenda under New/Other Business, Item 8.c.  Consider Designation of Official Newspaper. 

Mayor O’Leary asked if there were any further additions to the agenda and there was no response.  

Councilmember Wahlstrom moved to adopt the agenda as amended, seconded by Councilmember Hovey and carried. (5-0)

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

The Mayor asked Police Chief Sturgeon if the hit and run vehicle the Shakopee Police were searching for in Sunfish Lake belonged to a resident.

Chief Sturgeon explained the vehicle belonged to a resident but someone else was using the vehicle at the time of the accident.

The Mayor expressed concern that he “jinxed” the low number on the false alarm calls by stating that the number was low for the year.

Chief Sturgeon advised that it was his opinion some of the calls should not be counted as false alarms since the police were cancelled prior to responding to the residence. He stated he would work with his staff to ensure that they are making the correct determination on which calls should be considered false alarms. 

Councilmember Bulach explained that his neighbor advised him that his locked mailbox was ripped from the pole at his home and some of his mail was found when Woodbury Police stopped a vehicle in their City.  He asked if Chief Sturgeon was aware of this mail theft.

Chief Sturgeon explained that he was aware that this type of mail theft was taking place, however he was not aware that a resident in Sunfish Lake had been a victim.

Mayor O’Leary asked Councilmember Hovey to put this information on the City website so that residents are aware that even a locked mailbox could be removed from their residence.

Councilmember Hovey asked Chief Sturgeon if he could provide a small article relating to the mail theft and what residents can do to protect their mail.  The Chief agreed to send information for the website.

Clerk Iago advised that the Building Inspector was absent this evening so that he could celebrate his son’s birthday.

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

Councilmember Bulach moved approval of the Consent Agenda as presented, seconded by Councilmember Wahlstrom and carried. (5-0)

1. Regular Council Meeting Minutes of September 3, 2019
2. List of Bills
3. Monthly Financials
4. Receive Building Inspector Report
5. Receive Forester Report
6. 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:  a. Conduct Assessment Hearing with Respect to Sunfish Lake Improvement Project 2018-01 (Charlton Road Improvements) & Adopt Resolution:   Mayor O’Leary opened the public hearing to consider the assessments for the Sunfish Lake Improvement Project No. 2018-01, Charlton Road Improvements. He asked the City Engineer to provide an overview of the project.
   

Engineer Sandberg explained that the project is substantially completed at this time.  He reviewed the scope of the project which included the softening of the curve at the south end of the road, installation of curbing in some areas, and installation of a bituminous surface on the entire road.  He noted that the project was ordered in January, 2019 and the bid was awarded to Valley Paving in April, 2019.  He stated that the project began on July 12, 2019 and was scheduled to be completed by September 20, 2019, however, due to rain delays, the contractor requested a one-week extension.  He stated the project should be totally completed by November 15, 2019.

Mayor O’Leary asked how it was determined where the curbing would be installed.

Engineer Sandberg explained that the curb was limited to easement areas and installed where the easement sloped downward to minimize grading in those areas; he noted that where no slope was adjacent to the road, there was no curb installed.  He further noted that storm sewer systems were added where curb and gutters were installed.

Mayor O’Leary asked the City Attorney to provide information on the assessments for the project.

Attorney Kuntz explained that the total cost for the project was $964,492, which did not include the wetland improvements, which were $40,533, and are not being assessed to property owners.  He stated that the City plans to assess the landowners’ 35-percent of the project costs or $337,900. He advised that a letter was sent to the property owners and published as required by State Statutes.  He explained that the assessments would be sent to Dakota County for placement on the taxes for each property beginning January 1, 2020 and will be spread over a period of 10-years with an interest rate of 4.2-percent.  He explained that the interest rate was calculated at 1.5 percent above the bond rate. He noted that the City issued General Obligation Bonds in the amount of $995,000 and that reserve funds would also be used to pay the City portion of the Charlton Road and Sunfish Lake Outlet improvements.  He noted that the Sunfish Lake Outlet improvements would be 100% assessed to the property owners with no contribution from the City.

Attorney Kuntz stated that the thirty-one land units would be assessed $10,900 with a 4.2% interest rate that may be paid in full prior to November 15, 2019 with no interest or it would be placed on the property taxes beginning January 1, 2020.  He further explained that a property owner may pay off the remaining balance any time during the 10- year period, with interest accrued to December 31^st of the year it is paid. He noted that St. Anne’s Church would be assessed for 2-units and that the Dobrantz property would also be assessed for 2-units based on possible subdivision of the parcels in the future.

Mayor O’Leary explained that Council had initiated condemnation proceedings to obtain easements from the Norton property for the project.  He stated that the process of negotiating for these easements had delayed the project and increased the estimated costs. He advised that the City had successfully obtained the easements from the Norton property and that a maximum amount that would be assessed for the Norton property was included as part of the settlement.  He stated that it was his opinion that none of the other properties that willingly provided easements should be assessed more than the amount that was negotiated for the easement from the Norton property. He advised that Council agreed no other property owner should be assessed more than the $10,900 that was negotiated for the Norton easement even though the project costs were higher. He commented that originally property owners would pay 40 percent of the costs based on the road designation.  However, because Council determined no one should pay more than the negotiated cost for the Norton easement, the City would only assess 35 percent of the cost to property owners.

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

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

Councilmember Wahlstrom moved to close the public hearing for the Charlton Road Improvement Project No. 2018-01, seconded by Councilmember Hansen and carried. (5-0)

Councilmember Hovey moved to adopt Resolution No. 19-27 titled, RESOLUTION ADOPTING SPECIAL ASSESSMENTS FOR SUNFISH LAKE CITY PROJECT NO. 2018-01 (CHARLTON ROAD IMPROVEMENTS), seconded by Councilmember Bulach and carried. (5-0)

1. Conduct Assessment Hearing with Respect to Sunfish Lake Improvement Project 2018-02 (Sunfish Lake Outlet Improvements) & Adopt Resolution: Mayor O’Leary opened the public hearing consider the assessments for the Sunfish Lake Improvement Project No. 2018-02, Sunfish Lake Outlet Improvements. He asked the City Engineer to provide an overview of the project.

Engineer Sandberg explained that the outlet project was done as part of the Charlton Road improvements and consisted of removal of the existing outlet structure and installation of a new outlet. He stated that the new outlet valve was designed to open or close as necessary to draw down the lake level more quickly.  He advised that the outlet was closed at this time in order to allow the new sod that was recently installed downstream time to take hold.  He indicated that the outlet would most likely be opened again around October 15.  He advised that the contractor was granted an extension until September 28 in order to complete both projects due to the numerous rain events that slowed the work. 

Mayor O’Leary asked why the bids and project costs were so much higher than the preliminary cost estimates.

Engineer Sandberg explained that was due to the nature of construction this year and the fact that costs for materials were also higher. He commented that the bid was awarded in April and many of the contractors already had other projects scheduled.  He noted that there are several variables that contribute to the bid process.

The Mayor asked the City Attorney to review the assessments.

Attorney Kuntz explained the total cost of the project was $85,734 and the entire amount would be assessed to the property owners around the lake.  He explained that there are 35-units and each unit would be assessment $2,588, which would be spread over 10 years with an interest rate of 4.2-percent; he noted this is 1.5 percent over the bond rate.  

The Attorney stated that property owners could pre-pay the entire amount prior to November 15, 2019 without interest or the assessment would be placed on the tax roll in 2020.  He further explained that the remaining entire amount could be paid any time during the 10 year period with interest to December 31 of the year it is paid in full. 

Mayor O’Leary asked if there were any questions from the public.

Hoyt Nye, 2140 Charlton Road, asked if the outlet was initially planned to cross over Charlton Road.

Engineer Sandberg stated that was never in the plan for the outlet to go through the wetland and noted there are certain requirements relating to wetland areas.

Dan Shaddick, 2250 Delaware, asked if the City has any plans to place plantings at the curve near the north end of the road. He stated it is very open in that area and may allow people to come onto the lake and also lights shining onto his property may be an issue.

Engineer Sandberg stated the City has no plans at this time to put any plantings in that area, but the fence will be replaced.  He commented that if it becomes an issue with people accessing the lake, Council could be approached to consider plantings.

Mayor O’Leary asked who owns the property in that area.

Jim Stowell, 398 Salem Church Road, stated that Susan Barker owns the property.  He thanked Engineer Sandberg for his work and for being available to respond to questions and concerns regarding the project.  He noted that there had been a lot of activity in the area Mr. Stowell described with people dropping off kids to access the lake and leaving debris items such as bikes and car seats. He stated he had discussed the matter with the McDonald’s, but they advised that it is not their property. He asked if Council would consider installing some arborvitae in the area.

Mayor O’Leary explained that the City cannot install plantings on private property and suggested he contact the property owner to discuss installing plantings and maybe offer to assist with the cost of the plantings.  He suggested that residents could call Officer Nicole Murphy, who patrols Sunfish Lake, if they find debris in that area.

Forester Nayes suggested that some type of thorny shrub, such as prickly ash, be installed to deter persons from accessing the lake.

Engineer Sandberg explained that he talked to Susan Barker and she asked if the City could place additional trees in the area. He advised Ms. Barker that the City does not want to place trees in an easement area, but she could install trees on her property (outside of the city easements).  He noted that Ms. Barker stated she was getting pressure to install plantings due to the car headlights coming around the curve, however, he noted that she was not responsible for this happening.

Ibby Hammett, 2196 Charlton Road, stated there were trees removed as part of the project and asked if the City has the responsibility to replace these trees.

Engineer Sandberg stated that the City is not responsible to replace any trees in the City utility easements.

Joe Schaefer, 345 Salem Church Road, asked who would be responsible to close the outlet, who would control the lake water height in the future, and who determines the water height.

Engineer Sandberg explained that there would be no reason to close the outlet unless there is an issue. He advised the normal lake level would be 937.1 ft. and that last week the lake was approximately 6 or 7 inches higher due to the number of rain events.

Mr. Schaefer asked if 937.1 ft. would be the maximum height of the lake.

Engineer Sandberg stated that would be the height maintained for the lake and noted that the lake would draw down faster with the new outlet equipment.

 Ms. Hammett asked who would be responsible for turning the outlet on and off.

Mr. Stowell explained that the 937.1 ft. was set a long time ago so that the trees adjacent to the lake would not die. He also noted that over the years there have been volunteers who were given instructions on how to open the outlet valve when necessary.

Engineer Sandberg explained that the City and the Lake Association had been managing the old outlet and that the City would work with the Lake Association regarding the outlet mechanism and to determine when to open and close the valve.  He pointed out that he would suggest closing the valve only in the winter so it doesn’t drain across the road and create icing issues.

Ms. Hammett expressed concern that if the valve is opened half way or all the way, the water may get channeled to her property. 

Engineer Sandberg state he would keep an eye on the water during the opening of the valve.

Mayor O’Leary asked if there were any further questions from the public and there was no response.

Councilmember Wahlstrom moved to close the public hearing on the Sunfish Lake Outlet Improvement Project No. 2018-02, seconded by Councilmember Bulach and carried. (5-0)

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

Councilmember Hovey moved to adopt Resolution No. 19-28 titled, RESOLUTION ADOPTING SPECIAL ASSESSMENTS FOR SUNFISH LAKE CITY PROJECT NO. 2018-02 (SUNFISH LAKE OUTLET IMPROVEMENTS), seconded by Councilmember Hansen and carried. (5-0)

6. 
   PLANNING COMMISSION/PLANNER’S REPORT: a. Consider Major Site Plan and Conditional Use Permit for property at 2431 Angell Road.  Planner Grittman referred to his report dated September 25, 2019 and explained the Planning Commission unanimously recommended approval of the Major Site Plan and Conditional Use Permit for property located at 2431 Angell Road with the ten (10) conditions as listed in the proposed resolution.  He stated the applicants propose to install a swimming pool and sports court on the property and that both items meet all building requirements for the R-1 Single Family Residential District.  He further explained that a Conditional Use Permit is required to allow more than one accessory structure on a property. He noted that the Zoning Ordinance does not limit the number of accessory structures allowed on a property, but does require a Conditional Use Permit for more than one accessory structure.  He advised that the swimming pool is considered an accessory structure. He offered to respond to questions.
   
   Councilmember Bulach asked if staff is still working on defining the process for calculating height requirements and if that would impact this application.
   
   Planner Grittman explained that staff continues to work on defining the process to calculate building heights, however, there is no home construction included with this application that would require height calculations.
   
   Mayor O’Leary asked if there were any further questions and there was no response.
   

Councilmember Bulach moved to adopt Resolution No. 19-29 titled, RESOLUTION APPROVING A MAJOR SITE PLAN AND CONDITIONAL USE PERMIT FOR THE PROPERTY LOCATED AT 2431 ANGELL ROAD, subject to the conditions as listed in the resolution, seconded by Councilmember Hansen and carried. (5-0)

1. Planner’s Report:  Planner Grittman reviewed the following information listed in his report dated September 25, 2019:

Demolition Permit – Ordinance Update:  The Planner is working on the changes related to the demolition ordinance update and expects to set up a meeting with other staff members to discuss changes and procedures with this ordinance.  It is expected the ordinance would be presented to Council at their November meeting.

Building Height Calculations and Applicant Checklist:  Planner Grittman advised that he is currently conducting research on methods of calculating building height and expects that any ordinance amendments would be reviewed by the Planning Commission at their November or December meeting.  He stated that he continues to work on the applicant checklist and plans to present both to Council at a future meeting. 

357 Salem Church Road:  The Planner explained that the owners of this property received approval for a Major Site and Building Plan and Conditional Use Permit for a home addition and swimming pool in April of this year.  He advised that since the approval, a septic tank was discovered near the project area that was previously unknown.  He stated the applicants are taking steps to remove the tank and would prefer to make some changes to the site plan; these changes would result in a reduction of 900 sq. ft. of hard surface area and the preservation of additional trees. 

Planner Grittman stated that staff had reviewed the proposal and found no negative impacts.  He questioned if Council would be comfortable to allow staff to authorize the changes to the site plan or if they would prefer to review the request.

Planner Grittman explained that the applicants had questions relating to changing the ponding on site and he referred them to the city engineer.

Clerk Iago pointed out that the changes to the site plan should be recorded with Dakota County.  It would be appropriate to adopt an amendment to the original resolution that outlines the changes to the site plan and that could be filed with Dakota County for future reference.

Planner Grittman stated he would review the changes and provide an amended resolution to Council at a future meeting.

245 Salem Church Road – Approve Extension:  The Planner explained that the application for new home construction was granted to the owners of this vacant lot in August of 2018.  He stated the owners had requested an extension on their approval to construct the home until May 2020, however, the property has now been sold to new owners.  Staff anticipates that an application for a new home on this site will be submitted in the near future.

Councilmember Hansen asked staff to provide the new property owners’ name and contact information for the “Welcome Committee” when an application is submitted and the Planner agreed to do so.

Temporary Signage:  Planner Grittman explained that he received an email asking if real estate signs were allowed in the City.  He noted that these signs are not prohibited, however, they do require the company to apply for a Temporary Sign Permit through the Planner’s office.  He stated he would follow up with the company to advise them of the permit requirement and will also advise contractors when an application is submitted.

Councilmember Bulach asked how long the temporary signs can be displayed.

Planner Grittman stated that they are allowed for 21 days in the Temporary Sign Ordinance and that they are useful when trucks are making deliveries to a construction site. 

Mayor O’Leary suggested that staff also review the Temporary Sign Ordinance as part of the items they are reviewing. He asked if there were any further questions and there was no response.

Council thanked the Planner for his report.

7. CITY ENGINEER REPORT: a.   Consider Award of 2018-2019 Snow Plowing Bid:  Engineer Sandberg explained that he had contacted eight (8) contractors with information on bidding for snow plowing and that five (5) had expressed interest, however, only one (1) official quote was received.  He stated that the quote was from the contractor who was awarded the bid last year, but there were a few “wrinkles” in the quote submitted.  He explained that the per event price quoted was the same as last year and that the City spent $38,430 for the 2018-2019 season,.  He noted that the new bid from this company would include street sweeping and last year the cost for sweeping was $1,050.  He noted that if the City does not have to send out bids for street sweeping next year it would be a cost savings of approximately $1,000.

The Engineer stated that the bid included either a lump sum for plowing at $36,000 or a $6,000 per month cost from November thru April; if it snows in October the contractor would charge up to a maximum of $1,000.  He advised the maximum exposure would be $38,000 based on the per month quote of $6,000. He noted that if it is a mild winter the City could be paying more than if we agreed on a per event contract, but if it is a heavy snowfall winter the City could be saving money.

Councilmember Hansen asked the usual cost for street sweeping and the Engineer responded $1,700.

Engineer Sandberg further noted that this contractor was extremely responsive in the past when contacted by the City and there were very few complaints last winter.  Having the email address for the contractor was an added feature and great benefit.

Councilmember Wahlstrom agreed that there was a good history with the contractor.

Mayor O’Leary asked if the Engineer would recommend the City contract on a “lump sum” basis.

Attorney Kuntz asked if the contract had a provision as to what would happen if the City decides to fire the contractor.

Engineer Sandberg did not recall what the contract specified but indicated that the City would most likely pay for the entire month if they decide to fire the contractor.

Councilmember Hovey asked the City Attorney if more than one quote was necessary prior to hiring a contractor.

Attorney Kuntz explained that this is the second year the City has requested more than one quote and the minutes will reflect the Engineer’s efforts and the City’s efforts to obtain more than one quote for these services.  He offered to review the contract.

Mayor O’Leary asked that Council action to award the bid be subject to the City Attorney reviewing the contract. He asked if there were any further questions and there was no response.

Mayor O’Leary moved to award the lump sum bid to Executive Contractors, Inc. subject to the City Attorney’s review and approval of the contract, seconded by Councilmember Wahlstrom and carried. (5-0)

635. Consider Approval of Payment #2 to Contractor Valley Paving in the amount of $251,635.01 for the Charlton Road/Sunfish Lake Outlet Improvement Project: Engineer Sandberg requested Council authorize payment #2 to Valley Paving in the amount of $251,635.01 for the Charlton Road/Sunfish Lake Outlet Improvement project. He explained the total costs paid to date would be $406,142.48, which is less than half of the total cost.
     
     Mayor O’Leary moved to approve Payment #2 to Valley Paving in the amount of $251,635.01 for the Charlton Road/Sunfish Lake Outlet Improvement project, seconded by Councilmember Bulach and carried. (5-0)

1. Engineering Activities Undertaken in September: A. Erosion Control Policy, Procedure, Enforcement: The Engineer referred to Attachment “1.A” in his report dated September 25, 2019 and explained that per Council request, staff reviewed and agreed upon the process outlined for inspection and enforcement for Construction Site Erosion Controls for individual home sites. He explained that as part of the process, staff would be certified in Erosion Control procedures and the Building Official would be responsible to contact staff and the property owner to let them know if the requirements are not being addressed.  The Building Official could then issue a “Stop Work” order if the applicant is non-responsive.
   
   Mayor O’Leary asked the City Attorney if this should be used as a City “policy” to determine how it works prior to adopting it as part of the City Code.
   
   Attorney Kuntz suggested that the document be considered City “policy” to see how it works and to determine if any additional regulations or restrictions should be added prior to making it a formal addition to the City Code. 

1. Snow Plowing Quotes: Action taken earlier.

2. Building and Site review in the Month of September: A. 2431 Angell Road:  Staff reviewed the application and recommended approval.

1. 357 Salem Church Road: Staff reviewed the application and recommended approval.

1. Telcom Permit for 2159 Charlton Road: Telcom Construction submitted a permit for replacing a telephone service pole at this property that would be bored in the boulevard.  Staff informed the company they may not cut into the road.

1. 1 Sunfish Lane: Staff received a resubmittal of a previously approved plan, which did not include all significant trees that would be impacted by the improvements. The property owner is having the site redesigned to reduce impacts to the significant trees and this new application would be presented to Council at a future meeting.

3. Public Works Activities Undertaken in the Month of September: A. Charlton Road Construction Project:  Staff has been inspecting the project as directed by Council. Progress continues to be made with some delays due to the higher than average rain events; the project deadline was extended from September 20 to September 27, 2019.

4. Anticipated Engineering and Public Works Activities for October: A. Charlton Road Construction Project: Staff will continue to monitor and inspect the project as needed and anticipates final restoration to occur in October. Residents have pointed out minor areas for cleanup on the road.

1. Dakota County 2040 Transportation Plan Update: Staff was invited to provide input on behalf of the City to update the Dakota County Transportation Plan and will attend to provide input.  A meeting date has not yet been determined.

Council thanked the Engineer for his report.

8. 
   NEW/OTHER BUSINESS: a. Consider Approval of Amended Joint Powers Agreement to Provide Recycling Coordinator Services:  Clerk Iago referred to her memorandum dated September 25, 2019 which outlined the amendment to the JPA with member cities West St. Paul, Mendota Heights, South St. Paul, and Sunfish Lake.   She explained that the City of Lilydale asked to join the group to utilize the services of the Recycling Coordinator and that each City must request approval from their Councils to approve the amendment.  She noted that the document was sent to the City Attorney for his review and he could present any concerns this evening.
   
   Attorney Kuntz stated he had no concerns with the contract or the amendments.
   
   Councilmember Hovey asked if the Recycling Coordinator’s time would be running thin with an additional City.
   
   Clerk Iago responded no and explained that the cities would be able to utilize more of her time since all the cities share her at events and it may actually assist with keeping the grant funds distributed.

Councilmember Hansen moved to approve the amended Joint Powers Agreement to Provide Recycling Coordinator Services as presented, seconded by Councilmember Hovey and carried. (5-0)

1. Consider Resolution Approving New Three-Year Deer Population Management Plan (2020-2022): Attorney Kuntz referred to his memorandum dated September 25, 2019 which outlined the changes to the new 3-year Deer Management Plan. He explained that this is the last year in the old contract with the Metro Bow Hunters and that the new contract contains the same terms and the new coordinated dates that the Metro Bow Hunters may hunt and when residents may hunt in the City.
   
   Councilmember Wahlstrom moved to adopt Resolution No. 19-30 titled RESOLUTION APPROVING A DEER POPULATION MANAGEMENT PLAN FOR THE CITY OF SUNFISH LAKE FOR THE DEER HUNTING SEASONS IN THE YEARS 2020, 2021 AND 2022, seconded by Councilmember Hovey and carried. (5-0)

1. Other: Consider Resolution Designating St. Paul Pioneer Press as Official City Newspaper for the Remainder of 2019: Attorney Kuntz referred to his memorandum dated October 1, 2019 and explained that State law requires Council designate an official newspaper for the City.  He stated that Council appointed the SouthWest Review as the official newspaper at their January meeting, however they advised the City they would no longer be available to publish legal notices.  He stated that larger cities get requests from two newspapers to serve in this capacity, however, Sunfish Lake only gets one request each year and that was from the SouthWest Review. 
   
   Police Chief Sturgeon explained that he was advised the SouthWest Review had gone out of business.
   
   Councilmember Hovey asked if the costs would increase.
   
   Clerk Iago explained that the costs increase slightly but not substantially.
   
   Mayor O’Leary asked if there were any questions and there was no response.

Councilmember Hovey moved to adopt Resolution No. 19-31 RESOLUTION DESIGNATING THE ST. PAUL PIONEER PRESS AS THE OFFICIAL NEWSPAPER FOR THE CITY OF SUNFISH LAKE FOR THE REMAINDER OF 2019, seconded by Councilmember Bulach and carried.  (5-0)

Mayor O’Leary asked if there was any further business.

Attorney Kuntz explained that when the assessment notices were mailed to property owners they were advised that they may apply for a deferral of payment if a hardship was identified.  He noted that he was working with one resident, however this person did not submit the deferral request and most likely did not meet the qualifications.

Councilmember Bulach asked for an update on the trash bin removal situation.

Mayor O’Leary explained that a letter was sent to the property owner after the last Council meeting, which included the remedial items discussed at the meeting. He noted that the trash bins had been removed and that Mr. Schlehuber had contacted him to express his thanks and comment that he was happy with the outcome. 

The Mayor also explained that staff had sent a letter to the resident who raised the question of whether or not the City would be responsible for maintenance of shared driveways. He stated the property owner was advised that the City does not have any responsibility for the maintenance and that this was a civil dispute since it is a private road.

Planner Grittman stated he also researched the matter and found nothing in the Subdivision Ordinance that would indicate the City had any responsibility for a private driveway.

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 8:15 p.m.
   
   

____________________________                              ________________________________

Catherine Iago, City Clerk                                             Dan O’Leary, Mayor