SUNFISH LAKE CITY COUNCIL MEETING – OCTOBER 5, 2020
7:00 P.M. – ONLINE MEETING
Attendants:
Mayor: Dan O’Leary
Councilmembers: Mike Hovey, JoAnne Wahlstrom, 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.
1. CALL TO ORDER: Mayor O’Leary called the meeting to order at 7:00 p.m. The Mayor extended his thanks to City Clerk Iago for her dedication and efforts in conducting the previous and upcoming election during this pandemic. He also thanked those residents and Councilmember Hovey who will serve as election judges during the upcoming election as judges to ensure that the election runs smoothly and in accordance with all election laws.
2. APPROVE AGENDA: Mayor O’Leary requested that discussion of a letter from the Dakota County Historical Society be added to the agenda under 8.e. Other.
The Mayor 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.
Councilmember Hovey stated he found no issues with the financial reports and Treasurer Lanoue explained the monthly bills were mostly routine items.
Mayor O’Leary noted that the False Alarms were below last year’s number to date and encouraged residents to remain diligent to keep the numbers low. He explained that he had a few questions relating to the Public Safety Report, however, the Police Chief had clarified the issues in an email he sent to Council.
Chief Sturgeon clarified that there was not a homeless camper at Musser Park; it was just a fort constructed by the neighboring property owner. Also, it does not appear that anything was taken from the Burglary call at Bethel Baptist Church.
Councilmember Hovey explained that he noticed there are still lawn service companies parking on Charlton Road and that he barely missed hitting a pedestrian due to those vehicles limiting the driving area on the road.
Chief Sturgeon stated he would continue patrols along Charlton Road and asked if there was any specific time that the vehicles parked on the roadway.
Councilmember Hovey was not able to provide any specific time, however, he stated that there were also some blacktop trucks parked on the roadway.
Engineer Sandberg explained that the blacktop trucks were there to complete some work related to the improvement project.
The Mayor asked if there were any further comments or questions and there was no response.
Councilmember Bulach moved approval of the Consent Agenda as presented, seconded by Councilmember Hovey and carried. (5-0)
a. Regular Council Meeting Minutes of September 1, 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. PRESENTATIONS: a. Presentation: NDC4 Proposed Cable Franchise Agreement: Mayor O’Leary introduced Jodie Miller, Executive Director of the Northern Dakota County Cable Commission (NDC4) and Town Square Television and Brian Grogan, Attorney from Moss & Barnett, who serves as Legal Counsel for NDC4.
Jodie Miller thanked the Council for their patience and tolerance during the lengthy negotiations with Comcast to secure the renewal of the Comcast Cable Franchise Agreement. She noted that this would be a 10-year agreement that retains resources for local channels, adds High Definition channels, creates a solution for non-cash items without threat of having them omitted from fees and stabilizes funding support.
Ms. Miller explained that a meeting was held with all the member cities on August 19, 2020 and she thanked City Attorney Kuntz, Councilmember Wahlstrom and City Representative Mike Kampmeyer for their attendance on behalf of Sunfish Lake. She thanked those who have sent ideas to NDC4 for local programming and she encouraged any residents who have questions or concerns regarding their cable service to contact her at 651-352-6101.
Brian Grogan, legal counsel for NDC4 from Moss & Barnett, explained that NDC4 had spent a substantial amount of time to negotiate the proposed agreement as presented this evening. He explained that there are seven (7) member cities that had reviewed and agreed to enter into the proposed franchise agreement after Comcast had agreed to all the terms. He stated that currently five (5) of the member cities had approved the proposed agreement, leaving only Sunfish Lake and the City of Mendota that would need to provide their approval.
Mr. Grogan reviewed the slide presentation, which outlined the timeline and how the agreement came about, the steps in negotiations between the member cities and Comcast, and the impact of the FCC 621 Order that was adopted in August of 2019 and which tried to change free/discounted cable, PEG signal and institutional networks. He advised that the proposed agreement for consideration this evening has a 10-year term, no increase in franchise fees or taxes for the City of Sunfish Lake, increases a competitive equity agreement, and includes right-of-way protection for the member cities. He described the PEG fees and stated that they would slightly increase, however, he stated that this is not a new fee and may only be used for capital items such as equipment purchases. He offered to respond to questions.
Mayor O’Leary thanked Jodie and Brian for their assistance in negotiating the best contract for the member cities. He asked if there were any further questions and there was no response.
Mayor O’Leary moved, seconded by Councilmember Wahlstrom, to adopt the following
Summary of Ordinance No 2020-01 titled, AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF ST. PAUL, INC. (“COMCAST”) TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF SUNFISH LAKE, MINNESOTA SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLILC RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN;
Resolution No. 20-21 titled, RESOLUTION APPROVING THE PUBLICATION OF A SUMMARY OF SUNFISH LAKE ORDINANCE NO. 2020-01 RENEWING THE CABLE TELEVISION FFRANCHISE WITH COMCAST OF ST. PAUL, INC.; and
Authorize Northern Dakota County Communications Commission (NDC4) to send a letter of agreement to memorialize the commitments between Comcast of St. Paul, Inc. (“Comcast”) and the Northern Dakota County Cable Commission (“Commission”)
Motion carried. (5-0)
6. PLANNER’S REPORT: a. Planner’s Report: Planner Krzos reviewed the following information listed in his report dated September 30, 2020 and explained that the September Planning meeting was cancelled due to lack of agenda items.
The Planner stated that staff had received numerous calls and inquiries regarding the Bancroft property located at 100 Windy Hill Road. He explained that the questions generally related to subdivision of the property, however, no specific plans have been submitted at this time.
Planner Krzos advised that staff had also received a number of inquiries regarding the property located at 32 55th Street West regarding the viability of further subdivision of the property; no applications have been submitted to date.
The Planner stated that staff was working on the following items:
- Began review of development plans for a proposed new residence at 245 Salem Church Road; it is anticipated this
matter would be reviewed by the Planning Commission at their October meeting and be heard by Council at their
November meeting.
- Continued review of development plans for installation of a new pool at 1 Horseshoe Lane; this would require Planning
Commission review prior to Council review and approval.
- Working with the sign installer at Southside Baptist Church to coordinate the sign permit for installation of the Dynamic
Sign subject to the variance granted at the September Council meeting. The sign permit for installation of the sign is
issued by staff as an “Administrative Permit” and does not require Planning Commission or Council review.
The Planner noted the following Minor Site and Building Plan Approvals: Staff approved a minor site and building plan review for repaving of the private driveways at 2120, 2130, 2140, 2144,and 2150 Charlton Road. The project involved repaving of driveways within their existing footprint.
Planner Krzos stated that staff conducted a final site inspection for the pool and sport court constructed at 2431 Angell Road which was approved by Council in 2019.
Council thanked the Planner for his report.
7. ENGINEER’S REPORT: 1. Engineering Activities Undertaken in September: A. MnDOT Speed Limit Increase on TH-3: Engineer Sandberg explained that he sent MnDOT the resolution from Council opposing the speed limit increase on TH-3, however, MnDOT rejected the arguments against the speed increase.
Mayor O’Leary stated that he and the City Engineer exchanged emails on the subject and that MnDOT was not responsive to the City’s request that they not proceed with the speed increase.
Councilmember Bulach questioned MnDOT’s rationale for increasing the speed limit.
Engineer Sandberg explained that MnDOT responded that vehicles go faster than the posted limit.
Mayor O’Leary advised that MnDOT referred to studies that show setting the speed limit too low actually increases speed, and if the speed limit is set higher, traffic would move slower. He asked the Police Chief if he agreed with these studies.
Chief Sturgeon explained that there are formulas and crash data that relate to MnDOT’s theory and noted that MnDOT indicated that there are a lower number of accidents from vehicles traveling 55 mph or greater. He pointed out that West St. Paul had submitted requests of this nature to MnDOT on several occasions, however, they were only successful with one request relating to the speed on Dodd Road. He stated that he has information relating to how MnDOT determines speed limits that he could provide to Sunfish Lake residents if necessary.
B. Intersection Improvements for Delaware and Salem Church Road: The Engineer advised that Dakota County indicated they were unable to incorporate the proposed safety improvements at this intersection in this year’s construction and that the proposed improvements would be included in their 2021 improvement projects.
C. Request to Order Feasibility Study(s) for 2021 CIP Projects: Engineer Sandberg referred to his memorandum dated September 30, 2020 regarding his request to prepare Feasibility study(s) for the 2021 Improvement Projects. He explained that staff had identified four (4) roads within the City for improvements in 2021: Grieve Glen Lane Reconstruction, budgeted for 2021; Angell Road East, Sunnyside Lane and Zehnder Road for Mill and Overlay.
The Engineer explained that these projects were discussed last year, however, there were miscalculations in the previous feasibility report. He stated that if Council approves the request to prepare the feasibility reports, staff would review the materials, refresh the calculations and provide the information to Council for consideration at the November meeting.
Mayor O’Leary noted that there are a limited number of residential properties on Zehnder Road and he asked how staff would calculate the costs for that project.
Engineer Sandberg explained that there are some options for funding the project, however he was unsure at this time what staff would propose; he noted that one option would be for the City to contribute a larger percentage to the cost of the project.
Mayor O’Leary suggested that the Engineer coordinate with the City Attorney to review the funding options and also what effect those options would have on future projects or if they would set precedence for future improvements.
Engineer Sandberg agreed and noted that the City must show benefit to properties as part of any improvement project that is assessed.
Councilmember Bulach supported moving forward with the proposed projects as they have already been delayed.
Mayor O’Leary moved to direct staff to prepare the Feasibility Report for the 2021 Improvement Projects as outlined in the 2021 Capital Improvement Projects (CIP), seconded by Councilmember Wahlstrom and carried. (5-0)
2. Building and Site review in the Month of September: A. Staff conducted reviews for six (6) properties in September:
- 270 Salem Church Road: Staff received documentation to recommend issuing the Certificate of Occupancy.
- 1 Sunfish Lane: Staff worked with the applicant and the DNR on dock improvements at this property.
- 369 Salem Church Road: Staff reviewed request for an approved equal substitution of the treatment structure for
garage drains.
- 245 Salem Church Road: Staff reviewed a development plan submitted for this property.
- 1 Horseshoe Lane: Staff reviewed a resubmittal for proposed improvements at this site.
- 2150 Charlton Road: Staff is working with the project architect and engineer to obtain proper documentation on
as-builts.
3. Public Works Activities Undertaken in the Month of September: A. The remaining warranty and other work items have been completed for the Charlton Road project.
B. Staff circulated an RFP for the 2020-2021 City Snowplowing services. Engineer Sandberg referred to his memorandum dated September 30, 2020 and explained that seven (7) companies expressed an interest in the snowplowing contract, five of which stated they would submit a quote. He explained that only one quote was received from Executive Contractors, Inc., the company that the City has contracted with for the past few years. He noted that he attempted to negotiate a 3-year contract with the contractor and that the quote was slightly higher than last year.
The Engineer advised that Executive Contractors submitted two (2) options for consideration; a per snow event pricing of $2,340, or a lump sum per month pricing of $6,750 per month or $40,400 total for the season (November through April). He advised that the lump sum quote includes pre-treatment of all City roads before each snow event and spring street sweeping at no additional charge. He further noted that last spring this contractor provided some minor road patching at no extra charge to the City. He stated that this contractor lives close to the City and that he has been very responsive when any complaints or requests for service were received.
Mayor O’Leary asked what the contractor offered if a 3-year contract were negotiated.
Engineer Sandberg stated that the contractor reduced the total price to $6,500 per month, which would result in a contract price of $39,000 per year for 3 years, and still includes street sweeping and minor patching in the spring. He noted that the 3-year contract would include a provision that the City may terminate the contract at any time.
The Mayor stated that the City would continue to receive complaints on the road conditions due to the heavy tree coverage that limits the sun melting the snow on the roads. He explained that in his opinion the pre-treatment used by the contractor last year helped control icy road conditions. He calculated that the inclusion of the street sweeping as part of the cost should keep the expenditure under budget and that he would support a 3-year contract with this vendor.
Councilmember Hovey asked the City Attorney if it was mandatory for the City to seek quotes every year for snow plowing services and Attorney Kuntz responded no.
Councilmember Hovey moved to accept the quote from Executive Contractors, Inc. in Inver Grove Heights for a three-year contract at a cost of $6,500 per month (November through April) or $39,000 each year for three years, which includes spring street sweeping and minor road patching and a clause that allows the City to terminate the contract at any time during the 3-year period, seconded by Mayor O’Leary.
In discussion, Councilmember Bulach asked if staff was sure that the City could terminate the contract at any time during the 3-year period.
Engineer Sandberg explained that the contractor had agreed, however, he noted that he would work with the City Attorney to ensure that this clause was included in the 3-year contract.
Councilmember Hansen asked if the contractor would agree to have the email information on the City website as it had been in the past and Engineer Sandberg responded yes.
Motion carried. (5-0)
4. Anticipated Engineering and Public Works Activities for October: A. Staff will prepare the Feasibility Study(s) for the proposed 2021 CIP projects for Council review at the November Council meeting.
Engineer Sandberg asked the City Attorney if a public hearing is necessary to review the Feasibility Study(s).
Attorney Kuntz responded no and explained that Council would review the information, determine if they wished to proceed with the projects and then schedule a public hearing on the matter at a future meeting.
Council thanked the Engineer for his report.
8. NEW/OTHER BUSINESS: a. Consider Ordinance Renewing the Grant of a Franchise to Comcast of St. Paul, Inc. to Operate and Maintain a Cable System in the City of Sunfish Lake and Setting Forth Conditions Accompanying the Grant of a Franchise, Providing for City Regulation and Administration of the Cable System; Terminating the Prior Franchise: Mayor O’Leary stated that these items were discussed and approved earlier on the agenda.
b. Consider Resolution Appointing Election Judges to Serve at the November 3, 2020 General Election: Mayor O’Leary asked if there were any questions and there was no response.
Mayor O’Leary moved to adopt Resolution No. 20-22 titled RESOLUTION APPOINTING ELECTION JUDGES TO SERVE AT THE NOVEMBER 3, 2020 GENERAL ELECTION, seconded by Councilmember Hovey and carried. (5-0)
c. Schedule Special Meeting to Canvass Municipal Election Results November 12, 2020: Clerk Iago stated that Council must schedule a special meeting to canvass the results of the City’s municipal election within a certain time after the election date. She explained that normally this occurs within 3 days after the election, however, the State has extended the time period for counting Absentee Ballots due to the anticipated numbers cities may receive in response to the COVID pandemic. She advised that the City must wait for Dakota County to send a final count from the absentee ballot tally prior to canvassing the outcome. She suggested that the meeting be held on November 12 and that she was open to any time that was convenient to everyone.
After a brief discussion, Council concurred to hold the special meeting on November 12, 2020 at 7:00 p.m. and the Planner would host the Zoom meeting online.
Mayor O’Leary moved to schedule a Special Meeting to Canvass the results of the November 3, 2020 Municipal Election for the City of Sunfish Lake at 7:00 p.m. as an online Zoom meeting, seconded by Councilmember Hovey and carried.
(5-0)
d. Discuss Lease Agreement with First Calvary Baptist Church: Mayor O’Leary explained that Councilmember Hovey had contacted St. Anne’s Church to discuss renegotiating the lease agreement that expires at the end of this year. He stated that St. Anne’s remained firm on the $350 per month rental fee and advised that they were unable to refund fees for the months that the City was unable to use the facilities due to the COVID restrictions.
The Mayor stated that he had contacted Calvary First Baptist Church to ask if their facilities were available for the City’s use and the Pastor presented a generous offer for the City to use their facilities free of charge for meetings and elections. The Mayor explained that some Councilmembers and staff had toured the facilities and found that they would be an upgrade from St. Anne’s Church and would provide options for meeting spaces. He noted that those who toured the facilities determined that use of the church auditorium would be the most appropriate area to practice “social distancing” and also provides a projector for staff to display their reports and information. He noted that the facility is also air-conditioned.
Mayor O’Leary pointed out that the Pastor advised that Wednesday nights are usually busy with programs at the church and there was discussion regarding changing the meeting day for the Planning Commission meetings to the third Thursday of the month. The Mayor explained that initially he suggested moving the planning meetings to Tuesday nights, however, that would not accommodate the requirement to publish public hearing notices 10-days prior to the meetings. He advised that the Chair of the Planning Commission was currently polling the Planning Commissioners to find out if they had any issues with meeting on Thursday evenings. He further noted that the City Attorney stated that the meeting date may be changed, but it would require an amendment to the City Ordinance to change the day.
The Mayor stated that the City Clerk researched purchasing a Bulletin Board to post the meeting notices and other information in the entrance to the church and that these notices would be visible through the glass in the entryway. He explained that he also contacted staff regarding placement of a sign that identifies Sunfish Lake’s use of the facility near the driveway entrance to the church.
Mayor O’Leary explained that the City of Inver Grove Heights currently uses this church for one of their election precincts and that the City Clerk also verified that both cities could use this facility at the same time for an election. He stated that the November 2020 election would be held at St. Anne’s Church He noted that there may be a Special Election in February of 2021 and the Clerk will contact St. Anne’s to ask if the City could use their facilities for that election because there is a limited time period to change the voting location.
The Mayor stated that if Council concurs to use the facilities at First Calvary Baptist Church, he recommends the City request a 5-year lease.
Councilmember Hovey asked if the City should send a formal letter of notification to St. Anne’s that the City has decided to move to another facility and who would be responsible for sending the letter.
Mayor O’Leary asked the City Attorney if he would be responsible for sending the formal letter.
Attorney Kuntz stated that he could send the letter, however, it was his opinion it should come from the Mayor or City Clerk. He recommended that the City should include their sincere thanks for the number of years the City had used St. Anne’s for this purpose.
The Mayor asked the Clerk to draft the letter and Clerk Iago agreed. He asked if there were any further comments and there was no response.
Mayor O’Leary moved to approve the change of location for City meetings and elections from St. Anne’s Church to First Calvary Baptist Church beginning January 1, 2021 and to direct the City Attorney to draft a 5-year Lease Agreement to be presented to First Calvary Baptist Church and to direct the City Clerk to draft a formal letter advising St. Anne’s Church that the City would not be renewing the lease that expires on December 31, 2020, seconded by Councilmember Wahlstrom and carried. (5-0)
e. Other: Discuss Letter from Dakota County Historical Society: Mayor O’Leary explained that he received a letter from Robert Damon, president of the Dakota County Historical Society, who asked if the City would be willing to nominate one or more people from the community to join the Dakota County Historical Society Board. He stated they are seeking additional Trustees as board members with skills and resources to help the organization realize its focus on marketing, increasing public awareness, partnering with schools and other organizations and to fulfill it’s strategic direction for the season ahead. He advised the Trustees would serve two-year terms, with a limit of three terms and that they are a “working board” that gets in involved in their site and activities. He explained that the Trustees meet every other month with special meetings for budget preparations, board retreats, and on other occasions as needed. Generally, board meetings last no longer than two hours and there are also meetings for specialized committees that meet monthly. He reviewed the list of what the Board of Trustees are expected to do.
The Mayor asked if anyone present was interested or if they know of any resident who might be interested in serving as a Trustee and there was no response. He stated that he has an application that he could scan and forward to anyone interested and that the completed application must be submitted by December 15, 2020. He asked if the information should be placed on the City website.
Council concurred that the information should be placed on the City website and that interested persons should contact the Mayor.
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
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.