SUNFISH LAKE CITY COUNCIL MEETING – OCTOBER 2, 2018

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 Engineers: Jeff Sandberg

Building Inspector: Mike Andrejka
City Forester: Jim Nayes
Police Chief: Manila Shaver

City Clerk: Cathy Iago

and Members of the General Public.

City Treasurer Ann Lanoue was absent.

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

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

Mayor O’Leary moved to add Item 8.d. Discussion of Appointment to the Planning Commission to the agenda, seconded by Councilmember Wahlstrom and carried. (5-0)

Mayor O’Leary moved to add Item 8.e. Discussion of City Website to the agenda, seconded by Councilmember Hansen and carried. (5-0)

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

Councilmember Hovey moved to adopt the agenda as amended, seconded by Councilmember Hansen 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.

Councilmember Hansen presented Clerk Iago some minor typographic errors to the September 4, 2018 Council minutes.

Forester Nayes explained that the Musser Park Management Plan he mentioned at the last meeting requires formal action by Council to accept the plan.

Mayor O’Leary suggested Council take action on the plan after Item 4. Comments from the Public.

Councilmember Bulach asked the Building Inspector if he had any updated information on the property at 115 Salem Church Road.

Inspector Andrejka stated he talked to the property owner who assured him he would obtain a permit for the roofing materials that are stored on the property. Councilmember Bulach asked if the roofing shingles are for the existing home or if there was other work being done on the property.

Inspector Andrejka explained that there is no work being done on the roof at this time and he did not see any other construction on the property. He advised that the recreational vehicle had been moved close to the garage, but he was unsure if it is parked on the grass or a pad.

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

Councilmember Wahlstrom moved approval of the Consent Agenda with the minor corrections to the September 4, 2018 minutes, seconded by Councilmember Bulach and carried. (5-0)

a. Regular Council Meeting Minutes of September 4, 2018

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.

Musser Park Management Plan: Forester Nayes explained that he drafted the management plan for Musser Park in 2017 and it was sent to Minnesota Land Trust for review and approval. He stated that the Land Trust had approved the plan in August 2018 and that it would be appropriate for Council to adopt the plan at this time.

The Forester advised that the park is protected by a conservation easement and that the management plan outlines what can and cannot be done in the park. He further explained that the City must get permission from the Land Trust prior to doing any projects in the park, such as the Boy Scout project that was done last year.

Clerk Iago stated that a Land Trust representative meets with the Forester to conduct an annual review of the park.

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

Councilmember Hansen moved to adopt the Musser Park Management Plan dated May 2017, seconded by Councilmember Hovey and carried. (5-0)

5. PUBLIC HEARING/PRESENTATIONS: None.

6. PLANNING COMMISSION/PLANNER’S REPORT: a. Consider Major Site & Building Plan Review and Two (2) Conditional Use Permits, 2 Sunfish Lane: Planner Grittman explained the project consists of the tear down of an existing home and construction of a new home on the property with lakeshore frontage. He stated that the project also requires approval of two (2) conditional use permits; one for a second accessory structure that would be a swimming pool in addition to an existing detached shed, and, the other for an attached garage space exceeding 1,250 sq. ft. He explained that the plan meets the setback and height requirements and that the applicant had submitted a lighting plan which places the lights along the driveway and rear patio.

Planner Grittman stated the Planning Commission recommended approval of the Major Site and Building Plans and the two (2) Conditional Use Permits subject to the conditions listed in the Planners report dated September 11, and the Engineer’s Report dated August 28, 2018.

The Planner explained that because of the size of the attached garage space, the Commission recommendation included a condition which states that no business may be conducted in or around the property. He noted that the applicant has no plans to operate a business on the property, however, the condition was included so that no future occupants could conduct business on the site.

Planner Grittman noted that the Commission included a condition that requires staff conduct a site visit in the fall after the leaves are off the trees to evaluate if more screening is necessary in the area where existing evergreens are to be removed from the site and the applicant should consider replanting in that area if screening is necessary.

Councilmember Wahlstrom asked if there was an objection from a neighbor.

The Planner stated there was no objection but the neighbor asked that screening be included in the future if needed.

Mayor O’Leary suggested that it would be appropriate to include the screening as a condition at this time so there is no disagreement in the future if the screening issue is disputed.

Councilmember Wahlstrom commented that there were issues with the previous property owners regarding screening and she would prefer the matter be resolved at this time.

Council concurred that the screening should be included as a condition of approval.

Mayor O’Leary agreed that Council has the authority to determine if a more definite condition needs to be imposed.

Councilmember Wahlstrom suggested that the condition should also include the size of the trees to be replaced.

Mayor O’Leary asked the Forester what size and type of evergreens should be planted to replace the ones removed.

Forester Nayes explained that the existing evergreens are spruce and they have lost most of the lower branches and do not provide any screening at this time. He stated there are woods that separate the property from the adjacent neighbor and there is a log cabin between the two properties. He commented that the neighbor may be able to view the property in the fall when there are no leaves. He recommended that the four (4) trees to be removed are replaced with 6 ft. evergreens that are not Colorado spruce.

Councilmember Bulach asked if the applicant had any comments.

Joe Crowley, builder for the project, stated he walked the site with the Forester. He stated there is a line of trees 75 ft. from the property line and that it is approximately 450 ft. to the neighboring home. He explained that the screening was discussed at the Commission meeting and that he offered to review the screening issue in the winter when the leaves are gone from the trees. He commented that he would prefer his client be able to make a choice for planting after the leaves are gone.

Mayor O’Leary explained that problems between neighbors have occurred when the conditions are left undefined and he would prefer to resolve the issue at this time. He indicated that it may be appropriate to place trees in the area of the circle driveway to properly screen the lights from vehicles.

Tim Johnson, Landscaper for the project, explained that the plan shows Maple trees planted along the driveway.

Councilmember Wahlstrom pointed out that the Maple trees are nice but they would not provide any screening during the winter months.

Councilmember Hovey asked the Planner to show where the septic system and alternate septic system are located.

The Planner stated a new septic system would be installed on the property and he showed the locations of both the systems on the property; he advised both locations are away from the lake side of the home.

Attorney Kuntz referred to condition No. 11 relating to the Garage Space and prohibiting its use for business. He asked that the condition include the language “no business, including Home Occupations, may be conducted…”.

Council concurred to include the language recommended by the Attorney.

Attorney Kuntz suggested that it may be appropriate to include a deadline for the trees to be planted.

Planner Grittman explained that the plantings must be done prior to the final inspection of the site.

Joe Crowley explained that it is his intention to begin the project as soon as possible and that it is projected for completion in October or November, 2019. He commented that the tree plantings would be done toward the end of the project in late summer of 2019.

Attorney Kuntz recommended the deadline for planting be September 1, 2019 and ask if the applicant agreed.

Mr. Johnson asked if the deadline could be set for October 1 or 15, 2019 and noted that there may be issues relating to drainage on the property and functionality that could hamper placement of the trees. He suggested he work with the Forester on the tree placement.

Mayor O’Leary asked Forester Nayes for his opinion regarding the tree planting deadline and if he would work with the applicant regarding the placement of the trees for screening.

Forester Nayes recommended that the trees be planted by October 1, 2019 and agreed to work with the applicant on the type of tree and their placement on the site.

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

Councilmember Hovey moved to approve the Major Site and Building Plan Review and Two (2) Conditional Use Permits for 2 Sunfish Lane, based on the findings of fact and subject to the conditions as listed in the Planner’s Report dated September 11, 2018 and the Engineer’s Report dated August 28, 2018 and with the language amendment to Condition No. 11 “ including Home Occupations” and a condition that four (4) evergreen trees, not Colorado Spruce, six feet tall be replanted on the site as recommended by the City Forester, seconded by Councilmember Bulach and carried. (5-0)

b. Planner’s Report: Planner Grittman reviewed the following information listed in his report dated September 25, 2018. He explained that in checking the home at 115 Salem Church Road he saw the Recreational vehicle parked on the side of the home, but he was unsure if it was parked on the grass or a parking pad. He advised he would check the property again.

The Planner explained that the Planning Commission discussed the proposed meeting schedule for 2019 and determined there were no scheduling conflicts with holidays or other meeting dates; the Commission voted to approve their meeting schedule for 2019.

Clerk Iago indicated that Council usually reviews and adopts the annual meeting schedule at their December or January meeting.

Council thanked the Planner for his report.

7. CITY ENGINEER REPORT: 1. Engineering Activities Undertaken in September: A. 2019-2023 CIP Approval: Engineer Sandberg explained that the final Capital Improvement Plan (CIP) was presented this evening for Council approval and contained plans for road improvements as discussed by Council and staff. He noted that staff worked with the City Treasurer and Ehlers & Associates to determine budgeting for the reconstruction projects proposed within the plan. He advised that the plan outlines seal-coating and overlay projects to be done on a regular basis in an attempt to prolong the life of the roads and delay reconstruction projects. He stated that this year staff reviewed and rated all the roads within the City prior to preparing the CIP. He reminded Council that the document does not authorize any of the projects listed and is merely used as a tool for budgeting future projects.

The Engineer explained that if Council has no further questions regarding the final document, they should take action to accept the 2019-2023 Capital Improvement Plan (CIP) as presented and dated October 2, 2018.

Councilmember Bulach moved to accept the Final 2019-2023 Capital Improvement Plan (CIP) as presented and dated October 2, 2018, seconded by Councilmember Hovey and carried. (5-0)

B. Upper 55^th Street Barricade Options: The Engineer referred to his report dated September 25, 2018 and explained that he researched three (3) types of barricade options to deter illegal dumping on Upper 55^th Street; 1. Type III Barricade; 2. Chain Barrier; and, 3. Jersey Barrier. He advised that the Jersey and Type III barricades are temporary and could be moved to other locations, but the Chain barrier would be permanent as it requires the installation of concrete posts to attach the chain across the roadway.

Engineer Sandberg explained the Type III barricade is estimated at $850 for two (2) barricades and they are held in place with bags of sand placed across the bottom. The sand bags would have to be removed to move the barricade for the realtor or property owner to gain access to the home for sale at the end of the road. He stated the bags may be a challenge to move. The Jersey barrier could be either plastic at $650 for two (2) or at $2,700 for two (2) concrete barriers. The plastic barriers are light weight when empty or can be filled with water or sand to make them less easy to move, while the concrete barriers require special equipment to move. He noted that emergency vehicles could push the plastic barriers out of the way to gain access but property owners could not do so. He noted that this type of barrier could also be used in other areas of the City if necessary. The Chain barrier would cost approximately $1,800 and would require a padlock that uses a key or code to unlock. He advised that Police and Fire Departments do not favor having a key or code to gain access to the road and expressed the fact that they would likely cut the lock or break through the barricade to gain access. He explained that snowplow drivers may not agree to get out of their vehicles to unlock the barrier before plowing and lock it after plowing. He noted that this barrier could not be moved to any other location.

The Engineer explained that the Police Chief gave a presentation on the use of surveillance cameras in this area and asked if a camera had been setup for use in the area.

Chief Shaver explained he did not use the camera in the area but offered to work with staff to set up the camera at that location so that Council could determine if purchasing the camera may be the best option to deter the illegal dumping.

Mayor O’Leary suggested that discussion of this item by tabled to the November meeting and offered to present the options to the property owner to gain their input.

Councilmember Hovey stated his preference would be to use the camera since it could easily be moved to other areas in the City.

Mayor O’Leary agreed that cameras may be the best option since persons illegally dumping would not hesitate to break the chain or move the barriers. He asked the Forester if anything had been dumped in the area recently.

Forester Nayes stated he had not found any large items recently, only small debris. He advised that there are two (2) large power poles in the area that could be used as a power source for the camera installation.

Council concurred to direct the Police Chief and staff to install the surveillance camera in the area prior to the November meeting to determine if any illegal dumping is recorded and to table further discussion of this item to the November meeting.

2. Building and Site Reviews in September: None.

3. Public Works Activities Undertaken in the Month of September: 1. Staff was in contact with the contractor regarding the Charlton Road grading, however they have been unable to complete the grading due to the weather.

2. Engineer Sandberg stated that he solicited quotes for snow plowing services from five (5) local contractors and received only one (1) quote. He explained that he attempted to call each of the contractors to ask if they would submit a response and the only quote received was submitted yesterday. He advised that the quote was from the same contractor the City has used for plowing for the last three (3) years, Executive Contractor’s Inc. and their bid for the 2018-2019 season remains the same as last year’s bid. Staff recommends accepting the bid from Executive Contractor’s Inc. as presented.

Attorney Kuntz explained that the City should have at least two (2) quotes prior to awarding the contract, however, he noted that the Engineer had diligently attempted to obtain numerous quotes by mail and by a follow-up telephone call to the five (5) contractors.

Councilmember Hovey moved to award the 2018-2019 Snow Plowing Contract for the City of Sunfish Lake to Executive Contractor’s Inc., Inver Grove Heights as presented, seconded by Councilmember Hansen and carried. (5-0)

3. Anticipated Engineering and Public Works Activities for October: The Engineer stated there are some potholes on the road and he would continue to work with the contractor to grade the road surface in preparation for winter.

Council thanked the Engineer for his report.

8. NEW/OTHER BUSINESS: a. Discussion of Settlement Agreement with Martha Norton Relating to Charlton Road Project: Engineer Sandberg explained that he had been in negotiations with Martha Norton regarding acquisition of easements related to the Charlton Road improvement project. He stated that Council tentatively concurred with the agreement he presented and that there is no need for action at this time. He asked if Council had any questions or concerns relating to the proposed agreement as outlined in the City Attorney report dated September 26, 2018. He advised that if the Norton family accepts the agreement as presented, there would be no need for the City to proceed with the condemnation.

The Engineer stated that the Norton family had verbally agreed to the items in the document, but had not yet signed the agreement.

The Mayor asked if the condemnation and project timelines would be affected if the agreement is not signed in a timely manner.

Engineer Sandberg explained that his conversations with the Norton family had been very productive and that he expects that the document should be signed within the next week.

There was discussion regarding the time-line for the condemnation process.

Attorney Kuntz advised that the City should have sufficient time to proceed with the project next May if the agreement is signed by November 15, 2018.

Councilmember Bulach stated that he would prefer to have the document signed by the next Council meeting.

Councilmember Hovey expressed displeasure with removing one of the parcels for assessment and with the City paying the cost for the wetland improvements.

Engineer Sandberg explained that the City waived one of the parcel assessments up to $10,900 and advised that the City Attorney determined the City may not have won this matter in the eminent domain process. He stated that the cost for the wetland improvements could be split equally between all parties as part of the project costs or the City could pay the entire cost of the improvement.

Attorney Kuntz explained that the Norton family would not be charged for the wetland project in exchange for granting the easements to the City.

Councilmember Hovey explained that he wanted to be able to justify the costs to the other residents if they are being assessed for the project.

Attorney Kuntz pointed out that the City would be fixing the wetland issues but they City won’t maintain the wetland in the future. He advised that the cost for the wetland improvement could be paid entirely by the City and not by the residents on the road.

Meg Gehrig, 2165 Charlton Road, asked if the wetland project would be 100 percent on the Norton property or if some of the project is on part of the land she owns.

Engineer Sandberg explained that some of the wetland project would be on her property and that she would not be charged for the wetland improvement costs. He indicated that the City could consider paying the entire cost of the wetland project.

Councilmember Bulach commented that the City would be saving money by improving the wetland and also not having to grade Charlton Road several times each year.

After discussion, Council concurred that they would vote on proceeding with the condemnation process at the November meeting if the agreement had not been signed by the Norton family at that time.

b. Consider Resolution Appointment Election Judges to Serve at the November 6, 2018 General Election: Clerk Iago referred to her memorandum dated September 26, 2018 requesting Council adopt the Resolution appointing election judges for the November 6, 2018 General Election.

Motion by Hovey, to adopt Resolution No. 18-31 titled RESOLUTION APPOINTING ELECTION JUDGES TO SERVE AT THE NVOEMBER 6, 2018 GENERAL ELECTION, seconded by Wahlstrom and carried. (5-0)

c. Schedule Special Meeting to Canvass Municipal Election Results: Clerk Iago explained that she initially thought Council must canvass the election results within three days of the General Election, however, she found that the canvassing could be done within ten (10) days of the election. She noted that since Council meets on November 13, 2018 she would be able to place the canvass results on the regular agenda for Council approval.

d. Discussion of Appointment to Planning Commission: Mayor O’Leary explained that he had received some recommendations for possible appointments to the Planning Commission to fill the unexpired term of former Commissioner and current Councilmember Hansen. He explained that he was not familiar with some of the residents who were recommended to him and asked if Council or staff had any recommendations on how to proceed.

Clerk Iago explained that the Mayor could contact each of the residents whose names were submitted to determine if they are interested in serving on the Commission and ask them to submit a letter of interest with a brief resume for his review.

Mayor O’Leary agreed and thanked those who submitted names for his consideration.

e. Discussion of City Website: Mayor O’Leary explained that he had been working with the Welcome Committee and he was extremely impressed with the work product submitted by resident Jeannine Nayes regarding possible updates and corrections to the City Website.

Jeannine Nayes distributed information relating to information that is currently displayed on the City Website and some inconsistencies that she found in various sections of the website. She explained that she had no experience to update the website but that she and other members of the Welcome Committee could offer assistance to review the website on a regular basis to review outdated information and recommend changes. She also displayed a postcard that could be printed as a handout, possibly given to voters, that lists pertinent City information.

Mayor O’Leary displayed an organizational chart that could contain photos of staff and could be placed on the website. He stated that in his opinion it was most important to have the City Code of Ordinances listed on the website and asked staff if this could be accomplished. He also stated that it is important to welcome new residents into the City and that the Welcome Committee plans to divide the City into “zones” and appoint residents in those areas to contact and greet the new residents.

Attorney Kuntz explained that his office had the City Code and the Planner’s office had the Zoning Code and both were in a format that could be placed on the website for viewing.

Mayor O’Leary moved to appoint the Welcome Committee as a permanent Ad Hoc Committee and to request Jeannine Nayes lead a group of committee members to work with Councilmember Hovey to update and review the City website, seconded by Councilmember Hansen.

In discussion, Councilmember Hovey explained that he does not have extensive experience relating to website design and that it may not be a “quick fix” to update the website.

Clerk Iago suggested that it may be appropriate to solicit bids for a website manager.

Kitzie Nye, 2140 Charlton Road, suggested that a notice could be placed on the City website asking if any resident had website experience and would be willing to work with staff on an update of the City website. She also asked if the names of the property owners could be omitted from the website to maintain privacy.

Clerk Iago explained that any information placed on the website is public information. She suggested that the Building Inspector may be willing to remove the name of the residents from his monthly report and she offered to ask him if he would be willing to do so.

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

Motion carried. (5-0)

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

9. ADJOURN: Mayor O’Leary moved to adjourn the meeting at 8:40 p.m.

____________________________ ________________________________

Catherine Iago, City Clerk Dan O’Leary, Mayor